Resolution 1985-005 (Pine Air Lakes)DEVELOPMENT ORDER 85- 5
DEVELOPMENT ORDER OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COMM, FLORIDA FOR PINE AIR LAKES
PLANNED UNIT DEVELOPMENT LOCATED IN
SECTION 11, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY. FLORIDA:
WHEREAS, Team Plan. Inc., Agent, for Pine Air Venture., Inc.,
Applicant, filed on June 2. 1984, with the. County of Collier an
Application for Development Approval (ADA) of a Development of Regional
Impact (DRI) known as Pine Air Lakes Planned Unit Development in
accordance with Section 380.06(6), Florida Statutes; and
WHEREAS, Pine Air Venture. Inc., has obtained all necessary
approvals and conditional approvals from the various Collier County
agencies, departments, and boards required as a condition to Planned Unit
Development (PUD) zoning and DRI approval; and
WHEREAS, the Board of County Commissioners as the governing body of
the unincorporated area of Collier County having jurisdiction pursuant to
Chapter 380.06 is authorized and empowered to consider Applications for
Development Approval (ADA) for Developments of Regional Impact; and
WHEREAS, the public notice requirements of Chapter 380 and the
Collier County Zoning Ordinance have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendation of the Southwest Florida Region-
al Planning Council (SWFRPC) and held a public hearing on the ADA on
October 3, 1985; and
WHEREAS, the Board of County Commissioners has passed Ordinance
85-67 which rezoned the subject property to POD; and
WHEREAS, Pine Air Lakes ADA is also part of an overall rezoning
application by the developer; and the issuance of a development order
pursuant to Chapter 380.06■ Florida Statutes, does not constitute a
waiver of any powers or rights regarding the issuance of other develop-
ment permits by the County or State;
WHEREAS, on November 12, 1985, the Board of County Commissioners, at
an open public hearing in accordance with Section 380.06, Florida
Statutes, considered the application for Development of Regional Impact
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submitted by Team Plan, Inc., Agent; the report and recommendations of
the SWFRPC; the certified record of the documentary and oral evidence
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presented to the Collier County Planning Commission; the report and
recommendations of the Collier County Planning Commission, the
recommendations of Collier County Staff and Advisory Boards; and the
comments upon the record made before this Board of County Commissioners
at said meeting; and hereby makes the following Findings of Fact and
Conclusion of Law;
FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally
described as set forth in Exhibit A. the Planned' Unit
Development Document for Pine Air Lakes attached hereto and by
reference made a part hereof.
2. The application is in accordance with Section 380.06(b),
Florida Statutes.
3. The applicant submitted to the County an ADA and sufficiency
responses known as composite Exhibit B, and by reference made a
part hereof, to the extent that they are not inconsistent with
the terms and conditions of this Order.
4. The applicant proposes the development of Pine Air Lakes
Planned Unit Development, for 148.99 acres which includes 9.27
acres for hotel/institutional use; 25.87 acres for office/mixed
use commercial; 32.63 acres for lakes/open space; 7.96 acres
for a temporary sewage treatment plant; 57.34 acres for a
shopping center; 14.11 acres for roadways; and 1.81 acres of
cypress wetlands.
5. The Development is consistent with the report and recommenda-
tions of the SWFRPC submitted pursuant to Subsection 380.06
(11), Florida Statutes.
6. The development will not unreasonably interfere with the
achievement of the objectives of the adopted State Land Devel-
opment Plan applicable to the area.
7. A comprehensive review of the impact generated by the develop-
ment has been conducted by the appropriate County departments
and agencies and by the SWFRPC.
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8. The development is not in an area designated an Area of Criti-
cal State Concern pursuant to the provisions of Section 380.05,
Florida Statutes, as amended.
9. The development is consistent with the land development regula-
tions of Collier County.
CONCLUSIONS OF LAW
NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners
of Collier County, Florida, in public meeting, duly constituted and.
assembled November 12. 1985, that the Development of Regional TmPact
Application for Development Approval submitted by Team Plan. Inc., Agent.
is hereby ordered approved subject to the following conditions as
recommended by the SWFRPC or in response to their recommendation and the
commitments specified in the PUD, all of which are hereby adopted as
conditions of approval of this Development Order;
1. PROJECT DESCRIPTION; The ADA for the Pine Air Lakes project
proposed a range of square footage for approval, however. the
transportation analysis provided by the applicant addressed a
project consisting of a total of 1,280.600 square feet. The
~' ADA also specified that the 1,280,600 square feet value is
currently proposed and that additional amounts will be
requested if future market analysis finds a need. Therefore,
the Council assessment considered the 1,280,600 square feet
project, only.
Conditions:
a. Pine Air Lakes project approval shall be for the following
maximum square footage:
Category Sq. Ft.
Commercial Retail
Regional Mall 550,000
Mixed Use 157,000
Office 368,600
Hotel/Institutional 205,000
(350 rooms hotel)
(322 rooms Institutional)
Total 1,280,600
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b. Any future request for additional square footage shall be
considered by Collier County through the Substantial
Deviation process pursuant to Ch. 380.06 Florida Statutes.
2. DRAINAGE/WATER QUALITY: The applicant has proposed a surface
water management system that. with an addition to the proposed .
"Best Management Practices" {B.M.P.'s) shcwld improve water
quality leaving the site and cease to add further to the
degradation of Naples Bay. Additionally, the project has the
potential for locating businesses or other on-site uses that
could generate special or hazardous wastes (i.e. photographic
processing, gas station, printing).
Conditions:
a. The drainage system for Pine Air Lakes shall implement the
design standards and water quality "best management
practices" outlined in the Application for Development
Approval, response to Question 22 Drainage, and in
sufficiency responses.
b. The drainage system for the "Pine Air Lakes" project shall
be modified to provide for greater detention capacity and
for more extensive water quality "Best Management
Practices" in high intensity use drainage basins (greater
than 40% impervious surface) as required by the South
Florida Water Management District.
C. Conceptual and/or detailed site drainage plans shall be
submitted to the Water Management Advisory Board for
review. No construction permits shall be issued unless
and until approval of the proposed construction in
accordance with the submitted pians is granted by the
Water Management Advisory Board.'
d. An on --going maintenance and monitoring program that
ensures regular inspection, maintenance and sampling of
the stormwater drainage system shall be implemented by the
applicant, or his successors, throughout the project
life -time.
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C. The developer shall provide a 25' wide drainage easement
along the north boundary, and a 35' wide drainage easement
along the west boundary of the property as required by
Collier County's Water Management Director.
f. An Excavation Permit will be required for the proposed
lakes in accordance with Collier County Ordinance No.
80-26, as amended by Ordinance No. 83-3, and as may be
amended is the future.
g. A regular program of vacuum sweeping of all project
parking lots shall be considered as a supplemental "Best
Management Practice" by the applicant and all permit
review agencies.
h. The applicant shall coordinate with Collier County and the
Florida Department of Environmental Regulation (FDER) for
the provision of temporary transfer/ storage facilities to
accommodate all special and hazardous wastes, as
classified by FDER, that are generated by the development.
Such a provision could include the location of an adequate
temporary storage/transfer facility on-site.
3. ENERGY: The proposed project would be an all electric
development and would increase the energy demands of the
Region. The applicant has committed to provide a variety of
energy conservation measures to reduce the impact of that
increased energy demand.
Conditions:
a. Provision of a bicycle -pedestrian system to be placed
along arterial and collector roads within the project.
This system is to be consistent with applicable county
requirements.
b. Provision of bicycle racks or storage facilities in office
and commercial areas.
C. Cooperation in the locating of bus stops, shelters, and
other passenger and system accommodations for a transit
system to serve the project area.
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d. Use of energy-efficient features in window design (e.g.,
tinting and exterior shading).
e. Use of operable windows and ceiling fans (as appropriate).
f. Installation of energy --efficient appliances and equipment.
g. Prohibition of deed restrictions or covenants that would
prevent or unnecessarily hamper energy conservation
efforts (e.g., building orientation and solar water
heating systems).
h. Reduced coverage by asphalt, concrete, rock, and similar
substances in streets, parking lots, and other areas to
reduce local air temperatures and reflected light and
heat.
1. Installation of energy-efficient lighting for streets,
parking areas, and other interior and exterior public
areas.
J. Use of water closets with a maximum flush of 3.5 gallons
and shower heads and faucets with a maximum flow rate of
3.0 gallons per minute (at 60 pounds, of pressure per
square inch) as specified in the Water Conservation Act,
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Chapter 553.14, Florida Statutes.
k. Selection of native plants, trees, and other vegetation
and landscape design features that reduce requirements for
water, fertilizer, maintenance, and other needs.
1. Planting of native shade trees to provide reasonable shade
for all streets and parking areas.
M. Placement of trees to provide needed shade in the warmer
months while not overly reducing the benefits of sunlight
in the cooler months.
n. Orientation of structures, as possible, to reduce solar
heat gain by walls and to utilize the natural cooling
effects of the wind.
o. Provision for structural shading (e.g.. trellises,
awnings, and roof overhangs) wherever practical when
.natural shading cannot be used effectively.
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p. Consideration by the project architectural review
committee(s) of energy conservation measures (both these-
noted
hosenoted here and others) to assist builders and tenants in
their efforts to achieve greater energy efficiency in the
development.
4. FLOODPLAIN/HURRICANE EVACUATION: The proposed office park/
shopping center contains a large amount of common area that
could be used as a refuge in the event of a hurricane. This
would constitute a use of Regional benefit.
Condition:
a. The applicant must meet with the appropriate county/
disaster preparedness officials to determine the potential
for use of the development's common areas as a hurricane
refuge.
5. REGIONAL SHOPPING CENTER: The proposed Pine Air Lakes regional
commercial center proposes to add a minimum of 707,000 square
feet of retail space to the retail markets of Collier County
and south Lee County by 1991. However, projections of retail
�- market demand for 1995 show that existing and approved future
retail space will nearly accommodate all 1995 retail demand.
Based on this projection, there will not be sufficient demand
to support Pine Air Lakes' 707,000 square feet in addition to
existing and proposed future retail space. Furthermore, the
proposed Pine Air Lakes site is located well within the service
areas of the Coastland Mall and the approved Bonita Bay Center.
This retail concentration will cause these centers to have to
compete for an adequate share of the market, while requiring
local government to plan road and other improvements on the
expectation that all ventures will succeed.
Condition:
1. An agreement for the Development of the shopping mall,
Parcel 12, shall be delivered up to but no later than five
(5) years after the adoption of this Development Order. A
copy of this Agreement shall be submitted to the Community
Development Division and Southwest Florida Regional
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Planning Council. The agreement shall specify the date
of commencement and completion of construction for each
U phase with a description of the construction to be
completed. The development of the shopping mall shall be
completed no later than 10 years after the adoption of
this Development Order. An extension up to five (5) years
to the time table for the completion of the shopping mall
may be approved by County staff and the Planning Commission
according to Section (19) (c) of the current statewide
quidelines and standards for Development of Regional
Impact. If such an agreement is not provided, the applicant
shall be required to resubmit a marketing study which,
after re-examining the area market and involving commercial
development, demonstrates that the project is feasible.
Collier County's review of this marketing study shall
include a substantial deviation determination pursuant to
Ch. 380.06 F.S.
6. TRANSPORTATION: Traffic generated by Pine Air Lakes, when
combined with other growth in the Area, will necessitate
substantial roadway improvements, if level of service "C"
conditions are to be maintained.
Conditions:
a. The developer shall provide a fair share contribution
toward the capital cost of traffic signals at each of the'
project accesses on Pine Ridge Road and Airport Road when
deemed warranted by the County Engineer. The signals
shall be owned, operated and maintained by Collier County.
b. The developers shall provide arterial level street
lighting at each of the project accesses on Pine Ridge
Road and Airport Road. This shall be waived if prior
roadway improvements by the County include a street
lighting system.
✓ c. The applicant shall be required to pay for any other
intersection improvements deemed necessary by the County
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Engineer for the project's access points onto Pine Ridge
Road and Airport -Pulling Road.
d. At the time that any portion of the following regionally
impacted roadways is found to exceed level -of -service "C"
(by the Collier County Engineering Department or other
appropriate county department or FDOT). the applicant
shall become obligated to pay a proportionate share of the
cost of the total improvements necessary to maintain
level -of -service "C".
1. U.S. 41
- Pine Ridge Road to Vanderbilt Beach Road
- Pine Ridge Road to Solana Road
The applicant shall contribute a fair share towards the
total improvements necessary to maintain level -of -service
"C" on all impacted road segments through project
buildout. The applicant's "fair share" shall be
determined by the proportion of the project's total
buildout traffic on the road segment to total traffic
forecasted on the road segment.
Table 1 of the SWFRPC Staff Transportation Assessment
presents estimated project traffic and total traffic
forecasted through buildout based on current available
data. These estimates shall be used to estimate
proportional share until updated by the monitoring report
required under condition "f." and on an updated traffic
analysis.
e. At the time that any portion of the following inter-
sections is found to exceed level--of-service "C" (by
Collier County Engineering Department or other appropriate
County department or FDOT), the applicant shall become
obligated to pay a proportionate share of the cost of
signalization, turn lanes, and other improvements deemed
necessary by Collier County or FDOT:
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1. Intersection of U.S. 41 at Pine Ridge Road
The applicant shall contribute a fair share towards the
total improvements necessary to maintain level -of -service
"C" on all impacted road intersections through project
buildout. The applicants "fair share" shall be
determined by the proportion the project's total buildout
traffic in the road intersection, to total traffic
forecasted on the road intersection.
f. Commitment to construct the proportional share improve-
ments outlined in recommendations "d." and "e." above
shall be made at the time that a road segment/intersection
is found to exceed level-af--service "C". Service level
determination shall be made by either the Collier County
Engineering. Department or FDOT. To this end, the
applicant shall submit an annual monitoring report to the
Collier County Engineering Department, the Collier
County/Naples MPO, FDOT, and the Southwest Florida
Regional Planning Council for review. The first
monitoring report shall be submitted one year after the
issuance of the first certificates of occupancy for Pine
Air Lakes. Reports shall be submitted annually until
buildout of the project. This report shall contain
traffic counts taken at the access points to the site,
daily and peak hour segment counts for the regional roadways
specified in "i." below, and turning movements for the
intersections specified in "1." below.
The purpose of the monitoring report shall be to indicate
when level -of -service "C" is exceeded on impacted roadways
and/or intersections and to provide updated information to
more accurately forecast project buildout traffic and
total traffic for determination of proportional share.
g. If any regionally impacted road segment becomes a State
designated highway after the date of approval of this
Development order, the roadway improvements shall be the
developer's responsibility as outlined in "d." above.
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Any payment of the Road Impact Fee for improvements to
that regionally impacted road segment prior to the
designation of that road as a State Highway shall be
credited toward the developer's fair share payment
obligations for that roadway segment.
h. It is understood that the developer's proportionate share
of improvements to the regional roadways/ intersections
listed in "m," below and the local roadways/intersections
listed below is covered by the Collier County Road Impact
Fee Ordinance.
Local Road Segments
1. Pine Ridge Road (CR -896)
Logan Boulevard to CR 951
2. Golden Gate Boulevard - (future)
U.S. 41 to Goodlette-Frank Road Extended
Goodlette-Frank Road to Airport -Pulling Road
Airport -Pulling Road to Livingston Road
Extended
3. Golden Gate Parkway
Airport -Pulling Road to Santa Barbara
4. Airport Pulling Road
- Immokalee Road to Golden Gate Blvd. (future)
- Golden Gate Blvd. to Pine Ridge Road
- Pine Ridge Road to Golden Gate Parkway
- Golden Gate Parkway to Radio Road
- Radio Road to Davis Boulevard
5. Livingston Road (future)
- Golden Gate Blvd. (future) to Pine Ridge Road
- Pine Ridge Road to Golden Gate Parkway
6. Goodlette Frank Road
- Golden Gate Blvd (future) to Pine Ridge Road
- Pine Ridge Road to Golden Gate Parkway
- Golden Gate Parkway to U.S. 41
Local Intersection Segments
1. Airport -Pulling Road at Golden Gate Parkway
6. Airport -Pulling Road at Radio Road
9. Airport -Pulling Road at Davis Boulevard
10. Airport -Pulling Road at Golden Gate Boulevard
11. Goodlette-Frank Road at Golden Gate Parkway
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However. if the Road Impact Fee ordinance is rescinded,
the Developer shall be responsible for his proportionate
share of improvements to these roadways/ intersections.
The Developers proportionate share shall be calculated
as defined in "d.", "e." and "f." above. If the Road
Impact Fee Ordinance is rescinded, any payment of Collier
County's impact fee, prior to the rescinding of said
Ordinance, for any improvements to these
roadways/intersections, shall be credited toward the
developer's fair share payment obligations.
i. Improvements needed to maintain level -of -service "C" on
any regional road segment or intersection listed below for
which the project's traffic will exceed ten (10) percent
of the level -of -service "C" service volume of that
segment/ intersection, must be operational coincident with
development of the project.
1. Pine Ridge Road (CR 896)
- U.S. 41 to Goodlette-Frank Road
- Goodlette-Frank Road to Project South Access
Roadway
-- Project South Access Road to Airport -Pulling Road
- I-75 to Logan Boulevard
- Airport --Pulling Road to 1-75
2. Immokalee Road (CR 846)
- U.S. 41 to Airport -Pulling Road
- Airport -Pulling Road to I-75
-- I-75 to Logan Boulevard Extended
3. U.S. 41
- Pine Ridge Road to Vanderbilt Beach Road
- Pine Ridge Road to Solana Road
4. Intersection of Immokalee Road at Airport -Pulling
Road
5. Intersection of Pine Ridge Road at Goodlette-Frank
Road
6. Intersection of Airport -Pulling Road at Pine Ridge
Road
7. Intersection of U.S. 41 at Pine Ridge Road.
If a needed improvement to an existing roadway is not
operational coincident with development of the project,
then development shall cease until the improvement is in
I-" operation.
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j. The developer shall be obligated to pay the Collier
County Road Impact Fee no later than at the time of
.� issuance of building permits for each building/project.
k. Impact Pees and/or Assessments: Payment of Collier
County's Impact Fee for any improvements to the
road segments/ intersections depicted in "d." and "e."
above. shall be credited toward the fair share payments
required by this development order. The developer shall
make the fair share payments required by "d." and "e."
above, for all road segments/intersections. including
state roadways, for which fair share funding is not
included in an impact fee or assessment. Payments already
made by the applicant for a roadway improvement depicted
in "d." and "e." above, may be credited toward an impact
fee which includes that roadway.
1. Other Alternatives: It is understood that the
specific conditions listed above require commitments
for payment from the developer and implicit commit—
ments for construction from local and state agencies.
In some cases. the improvements may not result even
with applicant commitments because of the lack of
commitment by State agencies. Therefore, Collier
County is allowed to provide alternatives to the
above conditions when the alternatives mitigate
regional roadway impacts. Should this alternative be
pursued, Collier County shall solicit SWFRFC review
of the alternatives prior to an amended Development
Order being adopted.
M. If for any reason, any of the Regionally impacted road-
ways/intersections are not included under Collier County's
Road Impact Fee Ordinance, the developer shall be respon-
sible for paying his proportionate share of improvements
to that roadway/intersection. The Developer's propor-
tionate share shall be calculated as defined in "d.", "e."
and "f." above.
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The regionally impacted roadways are:
1. Pine Ridge Road (CR -846)
- US -41 to Goodlette-Frank Road
- Goodlette-Frank Road to Project South
Access Roadway
- Project South Access Road to Airport
Pulling Road
- I-75 to Logan Boulevard
- Airport -Pulling Road to I-75
2. Immokalee Road (CR -846)
- US -41 to Airport -Pulling Road
- Airport -Pulling Road to 1-75
- I-75 to Logan Boulevard Extended
The Regionally impacted intersections are:
3. Immokalee Road at Airport -Pulling Road.
4. Pine Ridge Road at Goodlette-Frank Road.
5. Airport -Pulling Road at Pine Ridge Road.
n. Other transportation considerations: In order to ensure
adequate road facilities, any required improvements should
be staged or phased through time. An example of the
phased improvement of concern would be a two lane road
which needs to be four laned in five years and six lanes
�-' ten years later. It is possible that the design employed
for a four lane road would not be the best design for what
ultimately would be four lanes of a six lane road.
If staged road/intersection improvements are required,
then the applicant (or local government) shall forward to
the Florida Department of Transportation, one or more
typical cross section designs for each stage of the
improvement prior to the improvement being implemented.
The FDOT will review and comment upon the cross sections,
particularly on their suitability for future phased
improvements, and shall forward their comments to the
local government.
o. All access to individual parcels shall be internal.
P. Exception to the Subdivision Regulations requiring
sidewalks on both sides of the streets shall not be waived
and additional crosswalks may be required and approved by
the County Engineer during the site plan review process to
join sidewalks at places other than at intersections.
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q. Development shall be limited to Tracts 1, 3, 4 and 13
until easements for Edgewood Drive are obtained and
dedicated to the County; Edgewood Drive is constructed;
and the water system is looped in accordance with the
Utilities Division's regulations and requirements.
r. The developer shall submit an annual monitoring report upon
request by any County department. This report shall
be submitted to the Collier County Engineering Department
and the Collier County Planning Department for review.
This monitoring report shall be submitted as a supplement
to the monitoring report required in "f." above. The first
monitoring report may be required one (1) year after
the issuance of the first certificates of occupancy for
Pine Air Lakes. Reports may be required annually until
buildout of the project. This report shall contain daily
peak hour segment counts for the local roads listed below
and turning movements to the local intersections listed
below.
Local Road Segments
1. Pine Rid a Road CR -895)
- Logan Boulevard to CR 951
2. Golden Gate Boulevard. - (future)
- U.S. 41 to Goodlette-Frank Road Extended
- Goodlette-Frank Road to Airport -Pulling Road
- Airport -Pulling Road to Livingston Road
Extended
3. Golden Gate Parkway
-Airport-Pulling Road to Santa Barbara
4. Airport Pullin& Road
- immokalee Road to Golden Gate Blvd.(future)
Golden Gate Blvd. to Pine Ridge Road
Pine Ridge Road to Golden Gate Parkway
Golden Gate Parkway to Radio Road
- Radio Road to Davis Boulevard
5. Livingston Road (future)
- Golden Gate Blvd. (future) to Pine Ridge Road
- Pine Ridge Road to Golden Gate Parkway
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6. Goodlette Frank Road
- Golden Gate Blvd (future) to Pine Ridge Road
- Pine Ridge Road to Golden Gate Parkway
- Golden Gate Parkway to U.S. 41
Local Intersection Segments
7. Airport -Pulling Road at Golden Gate Parkway
8. Airport -Pulling Road at Radio Road
9: Airport -Pulling Road at Davis Boulevard
10, Airport -Pulling Road at Golden Gate Boulevard
11. Goodlette-Frank Road at Golden Gate Parkway
7. ENVIRONMENTAL CONSIDERATIONS:
a. A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval prior
to any substantial work on the site. This plan may be
submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how
the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
�-- been oriented to accommodate this goal.
b. Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Re-
sources Management Department and the Community Develop-
ment Division for their review and approval. This plan
will depict the incorporation of native species and their
mix with other species, if any. The goal of site land-
scaping shall be the re-creation of native vegetation
and habitat characteristics lost on the site during
construction or due to past activities as much as
practically and economically feasible.
C. All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following
site development a maintenance program shall be
implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
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techniques and inspection intervals, shall be filed with
and approved by the Natural Resources Management
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Department and the Community Development Division.
d. If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is dis-
covered, all development at that location shall be
immediately stopped and the Collier County Natural
Resources Management Department be notified. Development
will be suspended for a sufficient length of time to
enable the Natural Resources Management Department or a
designated consultant to assess the find and determine the
proper course of action in regard to its salvageability.
The NaturalResourcesManagement Department will respond
to any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any
constructional activities.
e. The .4 acre cypress wetland and buffer zone be checked and
approved by Natural Resources Management personnel prior
to any construction in the vicinity of the wetlands.
f. As many existing native trees and shrubs as possible be
incorporated into the development.
g. The developers must demonstrate to the Natural Resources
Management Department that this development will be in
compliance with the water quality regulations as outlined
by DER and SFWMD when they return with their site
development plans and, more specifically, if DER or SWFWMD
requires water quality monitoring of their stormwater
run-off, then Natural Resources Management Department
requests that they receive copies of all the data.
8. UTILITIES:
A. Water and Sewer
1. Central water distribution and sewage collection and
transmission systems will be constructed throughout
the project development by the developer pursuant to
all current requirements of Collier County and the
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State of Florida. The proposed water and sewer
facilities will be constructed within easements to be
dedicated to the County for utility purposes or
within platted rights -of way. Upon completion of
construction of the water and sewer facilities within
the project, the facilities will be tested to insure
they meet Collier County's minimum requirements at
which time they will be dedicated to the County
pursuant to appropriate County Ordinances and
Regulations in effect at the time dedication is
requested, prior to being placed into service.
2. All construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and
transmission facilities must be reviewed and approved
by the Utilities Division prior to commencement of
construction.
3. All customers connecting to the sewage collection
facilities will be customers of the County and will
be billed by the County in accordance with a rate
structure and service agreement approved by the
County. Review of the proposed rates and subsequent
approval by the Board of County Commissioners must be
completed prior to activation of the water and sewer
facilities servicing the project. Rate reviews must
be in full compliance with County Ordinances No.
76-71 and 83-18 as amended, revised or superseded.
4. It is anticipated that the City of Naples will
ultimately supply potable water to meet the
consumptive demand and/or County Utilities Division
will receive and treat the sewage generated by this
project. Should the City or County systems not be in
a position to supply potable water to the project
and/or receive the project's wastewater at the time
--� development commences, the Developer, at his expense,
will install and operate interim water supply and
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on-site treatment facilities and/or interim on-site
sewage treatment and disposal facilities adequate to
meet all requirements of the appropriate regulatory
agencies.
5. An Agreement shall be entered into between the County
and the Owner, legally acceptable to the County,
stating that:
a. The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment
and disposal facilities, if required, are to be
constructed as part of the proposed project and
must be regarded as interim; they shall be
constructed to State and Federal standards and
are to be owned, operated and maintained by the
Owner, his assigns or successors until such time
as the County's Central Water Facilities and/or
Central Sewer Facilities are available to
service the project. Prior to placing the water
treatment, supply and distribution and/or sewage
collection, transmission and treatment
facilities into service the Developer shall
submit, to the County (Utility Rate Regulating
Board) for their review and approval, a schedule
of the rates to be charged for providing
processed water and/or sewage treatment to the
project area.
b. Upon connection to the County's Central Water
Facilities, and/or Central Sewer Facilities, the
Owner, his assigns or successors shall abandon,
dismantle and remove from the site the interim
water and/or sewage treatment facility and
discontinue use of the water supply source, if
applicable, in a manner consistent with State of
Florida standards. All work related with this
activity shall be performed at no cost to the
County.
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C. Connection to the County`s Central Watcr'and/or
Sewage Facilities will be made by the owners,
their assigns or successors at no cost to the
County within 90 days after such facilities
become available.
d. All construction plans and technical specifi-
cations related to connections to the County's
Central Water and/or Sewer Facilities will be
submitted to the Utilities Division for review
and approval prior to commencement of
contruction.
e. The owners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required, pursuant to appropriate County
Ordinances and Regulations in effect at the time
of Permit request. This requirement shall be
made known to all prospective buyers of
`- properties for which building permits will be
required prior to the start of building
construction.
f. The County at its option may lease for operation
and maintenance the water distribution and/or
sewer collection and transmission system to the
project owner or his assigns for the sum of
$10.00 per year. Terms of the lease shall be
determined upon completion of the proposed
utility construction and prior to activation of
the water supply, treatment and distribution
facilities and/or the sewage collection,
transmission and treatment facilities.
% B. Data required under County Ordinance No. 80-112
showing the availability of sewage service, must be
submitted and approved by the utilities Division
prior to approval of the construction documents for
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the project. Submit a copy of the approved DER
permits for the sewage collection and transmission
systems and the wastewater treatment facility to be
utilized, upon receipt thereof.
C. A letter of commitment from the City of Naples
regarding potable water service must be submitted to
the Utilities Division with the construction
documents for the project.
D. Revise Section 9.02 - Water Supply in the PUD
document to indicate water supply from the City of
Naples.
E. The construction drawings for the on-site water
distribution system must indicate that connection to
the existing City of Naples water lines will occur
from Airport Road. No crossing of Pine Ridge Road
shall be permitted. Provisions must also be made to
stub the on-site system down Edgewood Drive to the
north right-of-way line of Pine Ridge Road for future
looping purposes.
F. Any items within the PUD document which conflict with
the above listed stipulations must be revised
accordingly.
G. Section 23, Paragraph D. shall be revised to indicate
that the water facilities constructed shall be owned,
operated and maintained by the City of Naples on an
interim basis until the County Water -Sewer District
begins providing water service to the lands north of
Pine Ridge Road.
H. The project developer shall cooperate and coordinate
with the Utilities Division and Public Works
Department on the installation of the proposed
on-site package sewage treatment plant. The planned
utility improvements for Section 11 pursuant to the
creation of the Pine Ridge Industrial Park MSTU call
for all sewage from Section 11 to be treated at a
central on-site treatment facility or at an alternate
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County Regional Sewage Treatment Facility. Careful
planning will be required to insure an orderly
development and construction of the sewer system and
treatment facility to serve this project and Section
11.
9. EXEMPTIONS TO THE SUBDIVISION REGULATIONS: Pine Air Lakes
development shall be exempt from the following Subdivision
Regulations:
a. Article X, Section 19: Street name signs shall be approved
by the County Engineer, but need not meet the
U.S.D.O.T.F.H.W.A Manual of Uniform Traffic Control
devices.
b. Article XI, Section 9B: Entry signage may be located
within the right-of-way of the dedicated roadway. Such
signage and planting shall be approved by the County
Engineer.
C. Article XI, Section 10: The requirement to place permanent
reference monument and permanent control points in a
typical water valve cover where such monuments occur
within street pavement areas shall be waived.
d. Article XI, Section 17F and G: Street right-of-way and
cross section shall be as shown on Section B -B, A -A.
10. FIRE: The North Naples Fire Control District reviewed this
petition and states that the water mains and the locations
of the fire hydrants must be approved by them prior to
issuance of any building permits.
11. GENERAL CONSIDERATIONS: In the ADA and PUD for "Pine Air Lakes"
numerous commitments were made by the applicant to mitigate
project impacts. Many, but not all of these commitments are
listed above as conditions.
Conditions:
a. All commitments and impact mitigating actions provided by
the applicant within the Application for Development
Approval (and supplementary documents) and PUTT that are
not in conflict with specific conditions for project
approval outline above are officially adopted as
conditions for approval.
PAPA
b. The developer shall submit an annual report on the
development of regional impact to Collier County, the
Southwest Florida Regional Planning Council, the
Department of Community Affairs and all affected permit
agencies as required in Subsection 380.06 (16),
Florida Statutes.
BE IT FURTHER RESOLVED, by the Board of County Commissioners of
Collier County, that:
1. All commitments and impact mitigating actions provided by the
applicant in the Application for Development Approval and
supplemental documents and the Application for Public Hearing
for rezoning and supplemental documents that are not in con-
flict with conditions or stipulations specifically enumerated
above are hereby.adopted to this Development Order by
reference.
2. The Community Development Administrator shall be the local
official responsible for assuring compliance with the Develop-
ment Order.
w 3. This Development Order shall terminate ten (10) years from the
date the development order is adopted.
k. The applicant or their successors) in title to the subject
property shall submit a report annually, commencing one year
from the effective date of this development order, to the Board
of County Commissioners of Collier County, the Southwest
Florida Regional Planning Council, and the Department of
Community Affairs. This report will contain the information
required in Section 48-16.25, Florida Administrative Code.
Failure to submit the annual report shall be governed by
Subsection 380.06(16), Florida Statutes.
5. Subsequent requests for development permits shall not require
further review pursuant to Section 380.06, Florida Statutes,
unless it is found by the Board of County Commissioners of
Collier County, after due notice and hearing, that one or more
of the following is present;
a. A substantial deviation from the terms or conditions of
this development order, or other changes to the approved
development plans which create a reasonable likelihood of
adverse regional impacts or other regional impacts which
were not evaluated in the_ review by the Southwest Florida
Regional Planning Council; or
b. An expiration of the period of effectiveness of this
development order as provided herein.
Upon a finding that either of the above is present, the Board
of County Commissioners of Collier County shall order a termi-
nation of all development activity until such time as a new ARI
Application for Development Approval has been submitted,
reviewed and approved in accordance with Section 380.06,
Florida Statutes.
6. The approval granted by this Development Order is limited.
Such approval shall not be construed to obviate the duty of the
applicant to comply with all other applicable local or state
permitting procedures.
7. The definitions contained in Chapter 380.06, Florida Statutes,
shall control the interpretation and construction of any terms
of this Development Order.
$. That this Order shall be binding upon the Developer, assignees
or successors in interest.
4. it is understood that any reference herein to any governmental
agency shall be construed to mean any future instrumentality
which may be created or designated or successor in interest to,
or which otherwise possesses any of the powers and duties of
any referenced governmental agency in existence on the effec-
tive date of this Order.
10, in the event that any portion or section of this Order is
determined to be invalid, illegal, or unconstitutional by a
court or agency of competent jurisdiction, such decision shall
in no manner effect the remaining portions of this Order which
shall remain in full force and effect.
11. This resolution shall become effective as provided by law.
��
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12, Certified copies of this order are to be sent immediately to
the Department of Community Affairs and Southwest Florida
Regional Planning Council.
DULY PASSED AND ADOPTED thisl2thday of
I3�19$5'
BOARD OF COUNTY COMMISSIONERS
DATE: NOVEMBER 12 19.$S
F ORIDA
COLL�FL
1
ATTEST:
BY:
REDERI K J. VO S, CHAIRMAN
•WYI.7AJ, REAGAN, CLERK
;.�,
- APPROVED'AS; TA ORM D LEG SUFFICIENCY
INETH BER
Ca •�A�SSISTOTY A ORNEY
PINE AIR LAKES DEV. ORDER
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