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Resolution 2000-026 17A RESOLUTION NO. 2000--1.L DEVELOPMENT ORDER NO. 2000- ~ DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR RONTO LIVINGSTON DRI LOCATED IN SECTIONS 7 AND 12. TOWNSHIP 48 SOUTH, RAI':lGE 25 AND 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Ronto Uvingston, Incorporated (herein "Ronto") filed on July 12, 1999, with the County of Collier an Application for Development Approval of a Development of Regional Impact known as Ronto Uvingston DRI in accordance with Subsection 380.06(6), Florida Statutes; and WHEREAS, Ronto has obtained all necessary approvals from 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 goveming body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, E!2!i!;!J, Statutes, 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, Florida Statutes have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on December 16, 1999; and WHEREAS, the Board of County Commissioners has passed Ordinance No. 200Q.{}.1, on January 25, , 2000, which rezoned the property to PUD; and WHEREAS, the issuance of the Development Order pursuant to Chapter 380.06, ~ ~, does not constitute a waiver of any powers or rights regarding the issuance of other development pennils consistent herewith by the County or State; and WHEREAS, on J an . 25 , 2000, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06. Florida Statutes, having considered the application for development of regional impact submitted by Ronto; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence 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 record made at said hearing, the Board of County Commissioners of Collier P,\WPDATA\NloNlONTCNlON'rORES J--..y 25. 2000 Page 1 of 19 County makes the following findings of fact and conclusions of law: FINDINGS OF FACT in Exhibit "A". 2. 3. The real property which is the subject of the ADA is legally described as set forth The application is consistent with Subsection 380.06(6), Flodda Statutes, (1997). The Developer submitted to the County an ADA and sufficient responses, hereby referred to as composite Exhibit "B", which by reference hereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Order. 4. The Developer proposes the development of Ronto Livingston DRI consisting of 463 acres, which includes: 1,380 residential units which will include a maximum of 344 single family units and 1,036 multi-family units; and recreational uses including a golf course. 5. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The Development shall not interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 7. A comprehensive review of the impact generated by the Development has been conducted by the appropriate County departments and agencies and the SWFRPC. 8. The Development is not in an area designated an as Area of Cdtical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The Development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The Development is consistent with the State Comprehensive Plan. 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 on this, the 25th day of Janua~j, 2000, that the Ronto Livingston Community Application for Development Approval submitted by Ronto is hereby ordered approved, subject to the following conditions: 1. ENERGY The Ronto Livingston Community Development of Regional Impact shall incorporate the following energy conservation features. A. F:\WPDATAqqM~ONTO~OHTOP.~$ ~eauary 25, 2000 Provision of a bicycle/pedestrian system connecting land uses to he placed along one side of the collector road within the Project. This system is to be consistent with Collier County requirements. Page 2 of 19 B. Provision of bicycle racks or storage facilities in recreational, commercial and multi-family residential areas. C. Cooperation in the locating of bus stops, shelters, and other passenger system accommodations for a transit system to serve the Project area. D. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts. E. Reduction of 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. F. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other intedor and extedor public areas. G. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. H. Planting of native shade trees to provide reasonable shade for recreation areas, streets and parking areas. I. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. J. Use of energy efficient building features. K. Orientation of structures, as possible, to reduce solar heat gained by wells and to utilize the natural cooling effects of the wind. L. Provision for structural shading wherever practical when natural shading cannot be used effectively. M. Consideration of any project-established architectural review committee(s) of energy conservation methods (both those noted above and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the Development. STORMWATER MANAGEMENT A. The Ronto Livingston Development shall obtain a South Florida Water Management District Environmental Resource Permit, for conceptual approval of the proposed Development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. F:\WPDATA~qlvI'~ONTO'~ONTOP. E S January 25, 2000 Page 3 of 19 17A Do F:\WPDATAkNM',RONTC'~RONTORI~S lsnu~'y 25, 2000 The Ronto Livingston Development shall obtain a South Florida Water Management District Water Use Permit, for the proposed surface and/or groundwater withdrawals for landscape irrigation, and for certain dewatering activities proposed for the construction of project lakes and/or road or building foundations. The Developer shall obtain approval from the Florida Department of Transportation (FDOT) prior to discharging from the surface water management system into the 1-75 drainage swale. As part of the Environmental Resource Permit (ERP) review process, the Developer shall be required to submit revised stormwater routings that incorporate onsite natural features into the master stormwater management system. As part of the ERP review process, the Developer shall have to provide verification that the 1-75 swale has adequate capacity to convey runoff from the Ronto Livingston Development in addition to runoff from 1-75. If the swale is found not to possess adequate capacity, the Developer shall be required to cooperate with the District and FDOT in redesigning the swale to provide the needed capacity. As part of the ERP review process, the Developer shall be required to incorporate best management practices to be utilized within the stormwater management system, for the containment of potential hazardous material spills within the golf course and/or onsite chemical storage facilities. During construction activities, the Developer shall use best management practices for erosion and sedimentation control. These practices shall be included with, or presented on, all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of stabilization. Either the Developer, or the entities responsible for the specific construction activities requiring these measures, shall assume responsibility for having them removed upon completion of stabilization. Page 4 of 19 Jo Lo F:\WPDATA'~,IM~ONTO~ONTORES J~u~y 2~, 2000 The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales shall be used, whenever possible, rather than closed systems. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with South Florida Water Management Distdct (SFWMD) and Collier County requirements and shall be planted in native emergent and submergent aquatic vegetation. The Developer shall ensure, by supplemental replanting if necessary, that at least 80% cover by native aquatic vegetation is established within the littoral zone for the duration of the project. The Developer shall conduct annual inspections of the Ronto Livingston Master Stormwater Management System and the preserved/enhanced wetland areas on the Project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. The Developer shall confirm, to the satisfaction of all applicable, federal, state and local review agencies, and the South Florida Water Mana~ment Dist~t that the proposed stormwater management system shall not adversely impact habitats of any state or federally listed plant and/or animal species potentially occurring onsite, or that such impacts shall be mitigated to the benefit of onsite populations of those species. Ditch and swale slopes shall be reviewed and approved by Southwest Florida Water Management District (SFWMD), and shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass or other appropriate vegetation. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the Development. Any debris that may accumulate in project lakes, ditches or swales, or which Page 5 of 19 17A . may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be replaced immediately. O. Underdrain systems and grease baffles, if utilized within the Ronto Livingston DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. P. Stormwater management system maintenance requirements shall include removal of any mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches, and percolation basins, as well as from the lake littoral zones employed in the system. Q. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth that provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. R. All commitments and mitigating action volunteered by the Developer in the ADA and sufficiency information related to the general project description, water, soils, floodplains, and stormwater management and not in conflict with the above recommendations or the requirements of local, state, and federal permits authorizing the Development and incorporated by reference into this Development Order are binding on the Development. TRANSPORTATION A. The Developer, its successors or assigns shall be fully responsible for site-related roadway and intersection improvements required within the Project. The Developer shall be required to pay its proportionate share of the cost of any intersection improvements (including but not limited to signalization and turn lanes) found necessary by Collier County for the Project's access intersections onto Livingston Road (both North-South and East-West). To the best ability of the Developer, the site access F:\WPDATA'u.NI~RONTO~ONTOKE S 25, 2000 Page 6 of 19 points shall be located and developed consistent with Collier County's Access Management standards and permit requirements, unless otherwise approved by Collier County. The following roadways and intersections are projected to be significantly impacted by the Ronto Livingston Development (5% of LOS D, peak season peak hour) and are forecasted to fall below the adopted level of service standards prior to project build-out. (i) ROADWAYS 1. Bonita Beach Road from Old 41 to Imperial Street (ii). INTERSECTIONS Bonita Beach Road/Old 41 Bonita Beach Road/Imperial Street Livingston Road (North-South)/Ronto Livingston Entrance Livingston Road (East-West)/Ronto Livingston Entrance (iii). In addition to the above-listed road segments and intersections, the Ronto Livingston Development may have a significant impact on the following road segments and intersections prior to project buildout: 1. Livingston Road from Immokalee Road to Bonita Beach Road 2. Livingston Road (North-South)/Immokalee Road 3. Airport Road/Immokalee Road C. Based on the transportation assessment of significant project impacts, construction of the following transportation improvements or acceptable substitutes or alternatives shall be needed coincident with development of the Ronto Livingston Development DRI if adopted level of service conditions are to be maintained through buildout (2007) on significantly impacted regional road segments and intersections. B~ildout (2007) Bonita Beach Road from Old 41 to Imperial Street Bonita Beach Road / Old 41 Total of 3 through lanes in each direction Total of 2 westbound right turn lanes Signal retiming F:\V~DATAkNMkRONTO~ONT OP.E S 2000 Page 7 of 19 Bonita Beach Road I Imperial Street Immokaiee Road / Livingston Road Livingston Road (N-S)lDevelopment Entrance Eo Total of 3 through lanes in each direction I northbound left turn lane 1 northbound thru lane 1 northbound dght turn lane Signal retiming 1 southbound left turn lan® 1 southbound thru lane I southbound right turn lane Signal retiming Add North-South turn lanes The Developer shall mitigate its impacts on the regional and local F;\WPDATA",NIvf'itONTO'~RONTORBS 2OOO roadway and intersections identified herein as follows: (i). The Developer shall make the site related improvements specified in Paragraph A hereof. (ii). The Developer shall pay its proportionate share of intersection improvements at its access points to public roadways specified in Paragraph A hereof. (iii). The Developer shall be subject to all lawfully adopted transportation impact fees. (iv). The Developer shall be subject to the Concurrency Management System of the County as set forth herein. The County roadway segments and intersections on which this Project has significant impacts are within the jurisdiction of Collier County for purposes of concurrency management. The County has considered regional roadway segments and regional roadway intersections set forth as follows: (i). Livingston Road from Immokalee Road to Bonita Beach Road (ii). Livingston Road/Immokalee Road intersection (iii). Livingston Road/Project Access intersections The County has determined the Project is subject to and shall comply with the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management Plan, and implemented by the Land Development Code (LDC), Section 3.15., ADEQUATE PUBLIC FACILITIES. After due consideration of the alternatives, the County has determined that compliance with concurrency as mandated by the CMS, in addition to the other mitigations required in this Section is the Page 8 of 19 F:\WPDATA~,NM~RONT(:::~,O~ORE $ 2000 appropriate way to address the impacts of this Project and to ensure that transportation facilities are provided concurrently with the transportation impacts of this Project. LDC, Section 3.15.6.2 requires the Community Development and Environmental Services Division Administrator to complete an Annual Update and Inventory Report (AUIR) on or about December 1 of each year on roads and public facilities based on the adopted level of service. The Developer shall provide within thirty (30) days of publication each year a copy of said AUIR on the regional facilities set forth in Paragraph E hereof to the Southwest Fiodda Regional Planning Council and the Flodda Department of Community Affairs (DCA). The Board of County Commissioners is required by the LDC, Section 3.15 to establish Areas of Significant Influence (ASI) around any deficient or potentially deficient road segment (except where such potenti~dly def'~.,ient road segment is projected not to exceed its adopted LOS within the first three years of the five-year schedule of capital improvements in the CIE update and amendment proposed for transmittal on or about October 1, and the estimated annual residual capacity tdps that would be allocated to those developers for certificates of public facility adequacy within the ASI encompassing such potentially deficient road segment dudng the next year does not exceed the remaining trip capacity). The Developer shall notify SWFRPC and DCA within five (5) working days after receipt of notice of a public headng to determine the boundaries of any ASI on any facilities listed in Paragraph E hereof. If any of the road segments identified in Paragraph E become deficient, the County shall establish an Area of Significant Influence around such segment-pursuant to criteda set forth in LDC, Section 3.15. In addition to the provisions of LDC, Section 3.15, for purposes of this Development Order, the DRI shall be deemed to have a significant impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of LOS D, peak hour-peak season, capacity of the roadway. Page 9 of 19 17A - ' ' Jo Ko Collier County and the Developer may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in Paragraph E hereof, provided that said options meet the following criteria: (i). The transportation impacts to the roads and intersections outlined herein shall be addressed consistent with Sections 163.3220-163.3243, Florida Statues which authorize local government development agreements or the Florida Administrative Code, Rule 9J-2, Transportation Policy Rule. (ii). Any such option would be implemented only after a Notice of Change procedure. The Developer, it successors or assigns, shall submit an annual traffic monitoring report to the following entities: Collier County, Lee County, Florida Department of Transportation (FDOT), Flodda Department of Community Affairs (FDCA), and the Southwest Florida Regional Planning Council (SWFRPC). The first traffic monitoring report shall be submitted one year after the date of the issuance of this DRI Development Order. Reports must be submitted annually thereafter until buildout of the project. The annual traffic monitoring report shall contain the following information: (i). A summary of construction and development activities to date, in the DRI threshold categories of development. (ii). PM peak hour trip generation estimates and turning movement counts at all site accesses and the intersections noted in Paragraph B and a comparison of the Project's measured tdp generation to the Project's tdp generation assumed in the DRI analysis. (iii). A summary of the status of road improvements assumed to be Roadway Segment Bonita Beach Rd from Imperial St to 1-75 Livingston Rd from Bonita Beach Rd to Immokalee Rd committed in the ADA, including the following. !..mprovement Widen to 6 lanes Year FY 01/02' Construct 2 lanes FY 00/01 F:\WPDATA~JvBRONTO~ONTOKE S 2000 Page 10 of 19 17A Immokalee Rd from 1-75 to CR951 Immokalee Rd. from US 41 to Airport Rd. Airport Rd from Vanderbilt Beach Rd to Pine Ridge Rd US 41 from CR 887 to Immokalee Rd US 41 from Immokalee Rd to Myrtle Rd US 41 from Lee County to CR 887 o Widen to 4 lanes Widen to 6 lanes FY 99/00 FY 2001 Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes FY 2001 FY 99/00 FY gg/00 FY 2003 *Note: This expansion timing may change due to the fact that Bonita Springs became a city on January 1, 2000. The above traff'~ rnonitodng report, in combination with the Annual Update and Inventory Report (AUIR) referenced in Paragraph F above, represents the traffic monitoring requirements of the Ronto Livingston Development. VEGETATION AND WILDLIFE A. The Developer shall comply with the requirements for wetlands protection, mitigation, maintenance, and monitoring set forth in the South Flodda Water Management District Environmental Resource Permit Basis of Review in order to obtain an Environmental Resource Permit. B. The Ronto Livingston DRI property may be suitable habitat for the federally protected Eastern Indigo Snake (Drymarchon corais couperi). The Developer shall follow the United States Fish and Wildlife Service's Standard Protection Measures for the Eastern Indigo Snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan must be approved by the United States Fish and Wildlife Service and shall include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures, and (3) selection of a suitable relocation site prior to the initiation of cleadng or construction activities. Only an individual who has been previously qualified under a United States Fish and Wildlife Service Endangered Species Act, Section 10(a)(1)(A) permit, or who has been appropriately authorized by the Florida Fish and Wildlife Conservation Commission shall be permitted to come into contact with or relocate an Eastern Indigo Snake. F :\WPDATA~IM'~OIqTO~RONTORE S lanuary 25, 2000 Page 11 of 19 17A Do recommendations, shall be incorporated into Development Order as conditions for approval. WASTEWATER MANAGEMENT/WATER SUPPLY F :\V~DATA~flIvl~O~ O'~.ONTOE.E $ J~aua~ 25, 2(X~O A minimum of 44.96 acres of wetland and upland preserve/enhancment areas shall remain under conservation easement post-development. Native landscaping shall be used to the greatest practical extent. In addition, the Ronto Livingston DRI shall meet the Collier County Land Development Code cdteria which requires that 75% of the required trees and 50% of the required shrubs to be native plants. Impacts to any gopher tortoise burrows shall be handled though the Florida Fish and Wildlife Conservation Commission Take and/or Relocation Permit process. All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation & Wildlife) and Question 13 (Wetlands), and not in conflict with the previous the Collier County The Developer shall comply with the South Florida Water Management District's permit requirements for all proposed uses of water for irrigation, construction, and dewatering activities associated with landscaping and the construction of lakes, roads, and building foundations. The Project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets. The devices and methods shall meet the cdteda outlined in the water conservation plan of the public water supply permit issued to the Collier County Utilities Division by the South Florida Water Management District. The Project shall obtain potable water, wastewater treatment and, eventually non-potable water, from the Collier County Utilities Division, if the Collier County Utilities Division determines that it has sufficient capacity to serve the Project. If the Collier County Utilities Division determines that it does not have suff'~ient capacity to serve the Project, the Developer shall either construct interim potable water, wastewater treatment, and/or non-potable water facilities, or shall postpone Page 12 of 19 17A-. 'I F:\WPDATA941~i%~ONTO~A~.ONTOI~ S ]anua,y 25, 2000 development until such time as the Collier County Utilities Division capacity is available to the Project. Any interim facilities constructed by the Developer shall be constructed to the Collier County Utilities Division standards and shall be dismantled, at the Developer's expense, upon connection to the Collier County Utilities Division facilities. Whether potable water, wastewater treatment and/or non- potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. The irrigation system for the Ronto Livingston DRI shall be constructed in such manner as to enable the system to accept treated effluent at such time as a reuse source is available to the Development. At such time as the DRI prepares to convert from a lake/groundwater irrigation system to one which uses treated effluent for irrigation, the Developer shall insure that any onsite lakes, preserved or created wetlands and the stormwater management system are adequately buffered from possible effluent contamination consistent with SFWMD regulations. Temporary septic systems may be utilized in conjunction with construction and sales off'~,es and model homes. Septic systems shall not be allowed onsite, other than for construction and sales offices and model homes and permanent septic systems may be used for restrooms and halfway houses on the golf course. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic tank system firm at the time when permanent or interim wastewater treatment facilities come online. All construction plans, technical specifications, and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by the Collier County Utilities Division pdor to the commencement of construction. All potable water facilities, including any possible onsite potable water treatment plant, shall be properly sized to supply average and peak day Page 13 of 19 o domestic demand, in addition to fire flow demand, at a rate approved by the North Naples Fire Control and Rescue District. I. The lowest quality of water available and acceptable shall be utilized for all non-potable water uses. EDUCATION A. The Developer shall be subject to ail lawfully adopted school impact fees. POLICE AND FIRE PROTECTION A. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. B. Facilities qualifying under the Superfund Amendments Reauthorization Act (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall comply with all applicable hazardous materials reporting requirements under these Acts. C. The future Development shall pay ad valorem taxes that adequately address the needs of the Sheriff and Police Departments. Fire services shall be addressed by lawfully adopted impact fees and assessments. SOLID/HAZARDOUS/MEDICAL WASTE A. The Development is bound by ail applicable recycling requirements in effect in Collier County. B. Any buildings where hazardous materials or wastes are to be used, displayed, handled, generated or stored should be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities that are sufficient to contain and safely facilitate cleanups of any spill, leakage or contaminated water. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by a permit issued by the Florida Department of Environmental Protection. The Developer is willing to explore the possibility of mulching trees and brush for the purpose of retaining mulch to meet the onsite needs. Co F :\WPDATA~NM~ONTO'~ONT OP~ S 2000 Page 14 of 19 10. E. All hazardous waste materials shall be disposed of in the manner specified by local or State regulations or by the manufacturer. Site personnel shall be instructed in these practices and the Project Superintendent shall be responsible for seeing that these practices are followed. F. The Developer shall minimize the use of irrigation, fertilizers and pesticides whenever practical to reduce the need and use of hazardous chemicals at the site. The Developer shall store and use fertilizers in accordance with the best management practices adopted for the management of turfgrass and landscaping to minimize exposure to stormwater. Storage of such chemicals shall be in tightly sealed containers when not in use in an approved facility either onsite or offsite at the discretion of the site superintendent. CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN A. Prior to any Development Order being issued, Collier County shall determine if the Project is consistent with the Growth Management Plan and whether the Project's phasing is consistent with the County's Concurrency Management System. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the Developer within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. B. The Developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Flodda Regional Planning Council, the Florida Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Flodda Statutes. C. The development phasing schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of approval. If Development Order conditions and Developer commitments incorporated within the Development Order, F:\WPDATA'~M'~ONTO~ONTOKES 25, 2(X)O Page 15 of 19 17A Do Ho ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. This paragraph is not intended to preclude the applicant from seeking a time extension in accordance with the requirements of Section 380.06(19) Florida Statutes. If the local government, during the course of monitoring the Development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by the local government in determining additional substantial regional impacts. Pursuant to Chapter 380.06(16), Florida Statutes,, the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject by local ordinances, impact fees or exactions to meet the same needs. The local government and the Developer may enter into a capital contribution front-ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share. The local Development Order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. The Project must commence significant physical development within two years from the date of approval. The Project shall not be subject to down-zoning, unit density reduction, or intensity reduction for a period of ten (10) years unless the local government can establish that a substantial deviation has occurred or F:\W'PDATAX.NM~ONTOXROlqTORI~ S l~nu~, 25, 2000 Page 16 of 19 11. there are substantial changes in conditions such that the public health, safety and welfare requires such change. PUD DOCUMENT A. There is a PUD document (Ordinance No. 2000-_0.4_) approved by the Board of County Commissioners on January 2 5, ,2000, which also governs the Ronto Livingston Community. Ronto acknowledges that the conditions and commitments of the PUD document also govern the Development and use of the property within the Ronto Livingston Community, even though the PUD document (Ordinance No. 2000- 0 4 ) is specifically not made a part of this Development Order. BE IT FURTHER RESOLVED by the Board of County Commissioner of Collier County, Florida, that: 1. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order, 2. This Development Order shall remain in effect for fifteen (15) years from the date of adoption. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt from down-zoning or intensity or density reduction for a period of ten (10) years from the date of adoption of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5. The Developer, or its successor(s) 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 shall contain the information required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "[:)RI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. F:\WPDATA~M~ONTO~P. ON'I'ORE 8 25, 2000 Page 17 of 19 17A 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Flodda Statute. s, unless it is found by the Board of County Commissioners of Collier County, after due notice and headng, that one or more of the following conditions is present. A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional Planning Council; or An expiration of the period of effectiveness of this Development Order Bo as provided herein. C. If the local government, during the course of monitoring the Development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining additional substantial regional impacts. The Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended Development Order. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures. 8. It is ur,~lerstood 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 effective date of this Order. 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by the Ronto Livingston Master Association. 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 F ;\WPDATA'c,'qM~ONTO~ONTOR.E S ~'~m7 2~, 2000 Page 1 g of 19 in no manner, affect the remaining portions of this Order which shall remain in full force and effect. 11. This Order shall be binding upon the County and the Developer, their assignees or successors in interest. 12. This Development Order shall become effective as provided by law. 13. The Clerk to the Board of County Commissioners shall provide certified copies of this Order to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Flodda Statutes. Commissioner Mac ' Kie its adoption, seconded by Commissioner offered the foregoing Resolution and moved Carter and upon roll call the vote was: AYES: NAYS: Commissioner Mac'Kie, Commissioner Carter, Commissioner Norris, Commissioner Berry, Chairman Constantine None ABSENT AND NOT VOTING: None , DONE AND ORDERED this __~ day of :: .";:;.:DW3G~HT-E. BROCK, CLERK' slqnature 0n]y. APPROVED AS'~O FORM AND LEGAL SUFFICIENCY: "-~oo .~z,,~ , 2000. t BOARD OF ~Yd/~'-COMMISSIO NERS COLLIER C~.UNTY.,, FLORIDA TIMOTHY..J~. CONSTAI~NE Chairman MARJC~IE M. STUDENT ASSISTANT COUNTY ATTORNEY F:\WPDATAENMkRONTO~ONTORES lanu~y :15, 2000 Page 19 of 19