Resolution 2007-063/DO 2007-01
RESOLUTION NUMBER 07- 63
DEVLEOPMENT ORDER NUMBER 07- 01
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT
ORDER NUMBER 85-5, AS AMENDED, THE PINE AIR LAKES
DEVELOPMENT OF REGIONAL IMP ACT (DR!) BY PROVIDING
FOR: SUBSECTION ONE, AMENDMENTS TO DEVELOPMENT
ORDER, BY INCREASING THE SQUARE FOOTAGE FOR
REGIONAL COMMERCIAL RETAIL USES AND REDUCING THE
SQUARE FOOTAGE FOR OFFICE USES WHICH RESULTS IN AN
OVERALL INCREASE IN SQUARE FOOTAGE, AND PROVIDING
FOR CONVERSIONS OF OFFICE SQUARE FOOTAGES TO RETAIL
SQUARE FOOTAGES AND VICE VERSA, BY INDICATING
IMPROVEMENTS THAT HAVE BEEN MADE TO DRAINAGE,
TRANSPORTATION AND WATER SEWER FACILITES, REVISING
THE LIST OF IMPACTED ROADWAYS, BY PROVIDING FOR
MITIGATION FOR AFFORDABLE HOUSING IMPACTS AND BY
EXTENDING THE TERMINATEION DATE; SECTION TWO:
FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW;
AND SECTION FOUR: EFFECT OF PREVIOUSLY APPROVED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved
Development Order 85-5, which approved a Development of Regional Impact (DRI)
known as Pine Air Lakes on November 12, 1985;
WHEREAS, the Southwest Regional Planning council appealed Development
Order 85-5; and
WHEREAS, the appeal was settled by the Board of County Commissioners
adopting Resolution 86-63, which amended the Pine Air Lakes Development Order, on
April 15, 1986; and
WHEREAS, the Application For Development Approval (ADA) was
incorporated into and by reference made a part of the Development Order; and
WHEREAS, the owners of the DRI property are desirous of amending the
Development Order; and
WHEREAS, the development order has been subsequently amended; and
WHEREAS, Karen Bishop, of Project Management Services, Inc., and Richard
Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing the Airport Road
Limited Partnership have petitioned the Board of County Commissioners to further
amend the Pine Air Lakes Development Order; and
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WHEREAS, the Collier County Planning Commissioner (CCPC) has reviewed
and considered the proposed amendment and the report and recommendations of the
South West Florida Regional Planning Council (SWFRPC) and has held a public hearing
on the petition on December 21,2006; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed
and considered the proposed amendment and the reports of SWFRPC and the CCPC and
held a public hearing on
,2007.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISISONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4, Findings of Fact, of Development Order Number 85-5, as amended, is
hereby amended to read as follows:
FINDINGS OF FACT
I. The real property which is the subject of the ADA is legally described as
set forth in Exhibit A, The Plar.Hea Unit Deyelepment DeelimeRt fur Pine
f.ir Lakes attaellea hereto aRd by referenee made a part hereef.
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3. The applicant submitted to the County an ADA and sufficiency response
kne?;n as ceffljlesite Exhibit B, and by reference made a part hereef, 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 DR! Plar.Hed
Unit Develepment, for 148.99 acres which includes 25.87 aeres fer
effiee/retail mixed lise; 103 acres for mixed use office/retail use; 33.49
acres for lakes/open space; ftjlpreximately 77.12 aeres fur regional
eeHlfRereial; 10.7 aeres fur roadways; and appreximately 1.81 acres of
cypress wetlands.
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B. Paragraph 1, Conclusions of Law, of Development Order Number 85-5, as
amended, is hereby amended to read as follows:
CONCLUSIONS OF LAW
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 957,000
1,075.000 square feet of retail and office commercial uses as delineated in
Paragraph La. below. The AD.^, also Sjleeified that tile 957,000 SCllilH'e feet is
elirrently proposed aRd that additional amoHnts will be roClHesled if futHre market
anal ysis finds a need.
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Conditions:
a. Pine Air Lakes project approval shall be for the following maximum
square footage and uses, subi ect to the conversion provisions set forth in
paragraph 6.(N) herein:
Categorv
Regional Commercial Retail
Office
Total
Sq. Ft.
707,000 1,000,000
250,000 75.000
957.000 1,075.000
b. Any further request for additional square footage shall be considered by
Collier County through the Substantial Deviation process pursuant to
Chapter 380.06, Florida Statutes.
C. Paragraph 2, Conclusions of Law, of Development Order Number 85-5, as
amended, is hereby amended to read as follows:
2. DRAINAGE/W ATER QUALITY: The applicant has preposed
a surface water management system that, with an addition to the
preposed "Best Management Practices" (B.M.P.'s) should
improve water quality leaving the site and cease to add further to
the degradation of Naples Bay. Additionally, the preject 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).
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Conditions:
e. Within sixty (6Q) days ef the ....ntten reClliest from the CoHRty
.^.dministfater, or his aesigaee, Develeper shall pre'/ide: The Developer
has provided a thirty-five (35) foot wide and a twenty-five (25) foot wide
perpetual, non-exclusive easement for drainage purposes along the
western boundary of the Pine Air Lakes preject; thirty (30) foot wide
temporary non-exclusive construction easement which parallels a twenty-
five (25) foot wide temporary non-exclusive drainage easement, both of
which temporary easements connect with the temporary drainage
easement for the lake abutting the property's northeastern boundary along
Airport-Pulling Road, around which lake the thirty (30) foot temporary
construction easement continues; all as more fully described in the
drainage conveyance documents dated April 1994, and the drawings
attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc.,
dated February 1994 for File No. 2G-403. Said temporary easements are
for the purpose of accepting and transmitting 29 acres of Pine Ridge
Industrial Park (Northeast Quadrant) drainage through the water
management system, and shall be abandoned at time of Site Development
approval of the area north of Edgeweed Drive Naoles Boulevard. At time
of Site Development Plan approval, a twenty-five (25) foot wide
perpetual, non-exclusive easement for drainage purposes shall by dedicate
to Collier County and recorded in the public records.
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D. Paragraph 4, Conclusions of Law, of Development Order Number 85-5, as
amended, is hereby amended to read as follows:
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4. FLOODPLAIN/HURRICANE EVACUATION: The proposed retail
commercial and office development contains a large amount of common area that
could be used as refuge in the event of a Hurricane. This would constitute a use of
Regional benefit.
C9oditi9o:
a. Tile ftjlplieaat mHot meet '""itll tile apprepriate CoHRty Emergeney MaRagement
offjeials to E1ate_ine the petential fer Hse ofihe development's eommon areas as
a IlHfneane refHge.
E. Paragraph 5, Conclusions of Law, of Development Order Number 85-5, as amended,
is hereby amended to read as follows:
5. REGIONAL SHOPPING CENTER: The proposed Pine Air Lakes regional
commercial center will contain up to 1.000.000 square feet of retail space and up
to 75.000 square feet of office uses for use bv markets of Collier County and
south Lee County by 2010.
Conditions:
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b. In order to ensure that regional retail is achieved, there will be tflFee-i!
minimum of two individual retail uses, each with a minimum of 70,000
square feet of gross leasable area (GLS) located north of Edge Vi ood Drive
Naples Boulevard. Further, a majority of the uses in the Regional
Commercial area will be restricted to uses specified in the Planned Unit
Development Document that are also within Division G of the Standard
Industrial Classification Manual, 1987 edition.
c. The Pine Air Lakes preiect shall have the right to convert office space into
retail space or retail space into office space. with the conversion rate between
the different uses to be set forth as follows (the conversion rate has been
determined by an equivalent triP generation analysis). Up to 50.000 square
feet of office area can be converted into retail area at the rate of 100 square
feet of additional retail area for every 420 square feet of office area
converted. Additionally. UP to 50.000 square feet of retail area can be
converted into office area at the rate of 100 square feet of additional office
area for every 24 square feet ofretai] area converted.
F. Paragraph 6, Conclusions of Law, of Development Order Number 85-5, as amended,
is hereby amended to read as follows:
6. TRANSPORTATION: Traffic generated by Pine Air Lakes, when combined with other
growth in the Area, will necessitate substantial roadway imprevements, iflevel-of-service
"D" peak hour-peak season conditions are to be maintained.
Conditions:
a. The developer shall pre vide has provided a fair share contribution toward the
capital cost of traffic signals at each of the preject 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.
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d. The following regional roadways and intersections are projected to be
significantly impacted (5% of LOS D - peak hour, peak season) prior to project
buildout.
Significantly Impacted Roadways are:
1. Airport Road
. Irnmokalee Road to 'l anElerbilt Beaoh Road
. 'l anElerbilt Boaeh ReaEl to Edgewood Driyo
. Edgeweed Dri'le Ie Pine Ridge RoaEl
. Pine RiElge Road to GolEl Gate ParlC\yay
. CelElen Gate Parkway to RaElie Read
. Golden Gate Parkway to Vanderbilt Beach Road
. South of Pine Ridge Road
. Pine Ridge Road to Vanderbilt Beach Road
2. Pine Ridge Road
. U.S. 11 to CeeEllette Prank RoaEl
. Goodlette-Frank Road to EElge'lleed Dri'le Naples
Boulevard
. Edge'lloed Dri'te Naples Boulevard to Airport-
Pulling Road
. Airport PHlling ReM to I 75
. Airport Pulling Road to Livingston Road
· Goodlette Frank Road to 1-75
3. lmmelmlee ReM
. l\ifjlert PHlling ReaEl to I 75
1. VaRderbilt Beaeh Read
. :\irport PHlling ReM to Livingston ReM
. Li'/ingston Read to Oaks BOlilevarEl
. Oaks BOlile'larEl to Logan BOHleYlH'd
Significantly Impacted Intersections are:
5. U.S. 11/Pine Ridge ROM
6. f.ifjlert Ptllling Read/Radio Road
7. Aifjlert Plilling ReaEl/Golden Gate Park^'.vay
8. Airport-Pulling Road!Pine Ridge Road
9. Airport-Pulling Road! Edgeweod Drive Naples
Boulevard
10. Aifjlert Plilling Rea6l'l andereilt Beaeh Road
II. f.ifjleft Plilling RoadiImmokalee Road
12. Pine Ridge ReadiGeeEllette Prank
13. Pine Ridge Road/EElgeweeEl Drive Naples Boulevard
14. Naples Boulevard at Costco Access
15. Naples Boulevard at Regal Cinema Access
16. Naples Boulevard at Lowe's Eastern Access
e. The applicant shall mitigate its impact on the regional and local
roadway and intersections identified herein as follows:
i) The Applicant shall make the improvements specified
in 6(a), (b), and (c) hereof.
ii) The Applicant shall be subject to all lawfully adopted
transportation impact fees.
iii) The Applicant has constructed sllall be responoible for
the eenstmelien ef EElgeweeEl Drive Naples Boulevard
from its terminus on the southern property boundary to
and including the intersection improvements needed at
its juncture with Airport Road. This roadway is
expected to provide an alternative to and relieve some
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traffic pressure on the Pine Ridge-Airport Road
intersection.
iv) Applicant shall be required to make the following improvement to
Airport Road:
a) When requested by Collier County Transportation Department,
Applicant has contributed shall eonlriblite the necessary funds
(approximately $80,000) for designing six-lane improvements
from the currently designed terminus at Cougar Drive to the
northern access point of Pine Air Lakes on Airport Road.
b) At the time of issuance of the first building permit for vertical
construction in Pine Air Lakes, the Applicant has contributed sIlaII
be responsible for eentribHtiRg (by eserowing with the CeHnty) the
necessary funds to six-lane Airport Road from its currently
scheduled terminus at Cougar Drive north to the northern access
point of Pine Air Lakes on Airport Road. The actual amount of the
contribution shall be the full amount necessary to accomplish the
six-lane improvements as determined by actual bid price. ffi--.tIle
event that amelHlt has not been E1etermifleEl at that poiRt in time, the
amelint to be eser-eweEl shall be as estimated by the CoHRty
Transpertatien Department to aceeffljllish said six lane
improvements with at least ene left tHfA at Edgeweed Dri'ie.
c) At the time the County Transportation Department deems a second
left turn lane is warranted on Airport Road at the EElgeweed Drive
Naples Boulevard intersection, Applicant sIlaII has contributed it's
proportionate share of the costs incurred to install said second left
tum lane at its elfpenSe and eentribHte the funds necessary for any
improvements to Airport Road or the adjoining canal to
accommodate the second left turn lane.
d) Said contributions set forth in (a) and (b) above shall be have been
credited to the Applicant, his successor or assignees, as a road
impact fee credit. The amount of the credit shall be the
contribution amount less any costs required for the design or
construction of site-related improvements. For the purpose of this
stipulation, site-related improvements shall be deemed to be any
north bound or south bound turn lanes deemed required at each
access point to Pine Air Lakes, signalization costs for the
intersection of Edgeweed Drive Naples Boulevard and Airport-
Pulling Road, and any canal improvements associated with the
Pine Air Lakes project. Collier County shall agree to use said
contribution for the sole purpose of the above described six-lane
improvements.
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1. Except for the three access points provided on Aimort Road. all All-access to
individual parcels shall be internal.
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n. Deyelopment shall be limiteEl to pareels immediately adjacent te Airport Roatl
until eaoements fer EdgeweeEl Driye are obtaineEl aREI dedieateEl te the County;
EdgeweoEl Dri';e is eenstrlieteEl; anEl the water system is leopeEl in aeeordaRee
with tile Utilities Division's regHlations anEl re'lHiremeRts.
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n. Except for the three permitted connections to Aimort Road. all access to
individual parcels shall be internal from Naples Boulevard or from loop roads
connecting adiacent properties in an effort to help reduce vehicle congestion on
nearby collector and arterial roads and minimize the need for traffic signals as
described in Policy 7.2 of the Future Land Use Element.
o. The developer shall provide crosswalks at the intersection of Naples Boulevard
and the future Interconnection Road/Regal Cinema Property and at the future
intersection west of the Regal Cinema property at the existing Naples Boulevard
Curb cut located approximately Y. mile to the north of the southern property line
of the CPUD along Naples Boulevard. The crosswalk for the future
Interconnection Road/Regal Cinema intersection with Naples Boulevard shall be
installed simultaneously with the permanent traffic signal. All crosswalk
requirements shall be completed prior to the build-out of the CPUD.
p. Naples Boulevard is constructed and dedicated to Collier County and the water
system is looped in accordance with the Utilities Division regulations and
requirements.
q. All Collier County traffic impact fees for Pine Air Lakes CPUD shall be as
provided by the current impact fee ordinance.
r. In coni unction with the six-Ianing of Airport Road. the following improvements
shall be made at the intersection of Naples Boulevard with Aimort Road:
I. The developer has constructed or contributed its fair share pavrnent for the
construction of one additional northbound left turn lane from Naples
Boulevard to Airport Pulling Road for a total of two left turn lanes.
2. The developer has constructed or contributed its fair share pavrnent for the
construction of the traffic signal at the intersection of Airport Road and
Naples Boulevard.
3. In addition to the forgoing. at the County'S request. the developer shall
construct a third northbound left turn lane from Naples Boulevard to
Airport Pulling Road within one year of the approval of this CPUD
amendment and DR! development order amendment.
4. The developer shall extend the stacking lanes for the north to westbound
left turn lane onto Naples Boulevard from Airport Road within one year of
the approval of this CPUD amendment and DR! development order
amendment.
s. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended. and the Land Development Code. as it may be amended. Collier County
reserves the right. pursuant to Collier County ordinances to modify or close any
median opening existing at the time of approval of this CPUD which is found to
be adverse to the health. safety and welfare of the public. Any such modifications
shall be based on. but are not limited to. safety. operational circulation. and
roadway capacity.
t. A five (5) foot sidewalk easement and completed sidewalk have been provided by
the developer within the twenty (20) foot buffer along the Airport Road frontage.
An additional one (1) foot sidewalk easement shall be provided by the developer
within the twenty (20) foot buffer along the Aimort Road frontage. north of
Naples Boulevard. at Collier County'S request and within one year of the approval
of this CPUD amendment and DRI development order amendment.
u. All work within Collier County rights-of-way or public easements shall require
a right-of-way permit.
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v. Any reduction in parking spaces as a result of interconnection with proiects to the
north and west shall be consistent with Subsection 4.04.02.8.3. of the Land
Development Code quoted below: All traffic control devices. signs. pavement
markings and design criteria shall be in accordance with Florida Department
Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS).
current edition. FDOT Design Standards. current Edition. and the Manual on
Uniform Traffic Control Devices (MUTCD). current Edition. All other
improvements shall be consistent with and as required by the Collier County Land
Development Code.
During the development or redevelooment of commercial or residential proiects
and all rezone petitions shared access and interconnection shall be required.
Should the shared access or interconnection require the removal of existing
parking spaces. the applicable development will not be required to mitigate for the
parking spaces. The County Mang:er or designee shall require the shared access
and interconnection unless in the professional iudgment of the County Manger. or
designee. one of the following criteria prohibits this requirement.
a. It is not physically or legally possible to provide the shared access or
interconnection.
b. The cost associated with the shared access or interconnection is
unreasonable. For this application unreasonable will be considered when
the cost exceeds the cost of a typical local road section or is above 10% of
the value of the improvements being made to the develooment.
c. The location of environmentally sensitive lands precludes it and mitigation
is not possible.
d. The abutting use is found to be incompatible with the existing: or proposed
use.
w. Site-related improvements necessarY for safe ingress and egress to this proiect. as
determined by Collier County. shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first certificate of occupancy (CO), or when requested by Collier
County.
x. Nothing depicted on any the CPUD Master Plan except for those access points in
existence as of the date hereof shall vest any right of access at any specific point
along: any oroperty frontage or property line. All such access shall be consistent
with the Collier Countv Access Management Policy (Res. No. 01-247). as it may
be amended from time to time. and with the Collier County Long-Range
Transportation Plan. The number of access points may be less than the number
depicted on the Master Plan; however. no additional external access points shall
be considered unless a PUD amendment or PUD insubstantial change is approved.
y. All internal roads. driveways. alleys. pathways. sidewalks and interconnections to
adiacent developments shall be operated and maintained by an entity created by
the developer and Collier County shall have no responsibility for maintenance of
any such facilities.
z. If any tum lane improvement requires the use of any existing: County right-of-way
or easement and there is insufficient right-of-way available. the developer shall
accommodate those turn lanes within the development.
aa. If. in the sole opinion of Collier County. a traffic signal. or other traffic control
device. sign or pavement marking improvement within a public right-of-way or
easement within the boundarY of this CPUD is determined to be warranted. the
cost of such improvement shall be borne by the Developer and shall be paid to
Collier County.
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bb. At the request of Collier County. two Collier Area Transit (CAT) bus stops with
shelters shall be installed by the developer or. at the discretion of Collier County.
a designated park-and-ride location shall be provided in lieu of the shelters. The
exact location will be determined during site development plan review process.
This commitment shall be fulfilled within one year of the approval of this CPUD
amendment and DRI development order amendment.
cc. The developer shall contribute an amount not to exceed $50.000.00 to Collier
County's SCOOT program along Pine Ridge Road to include two additional
intersections. This contribution to Collier County shall be made within one year
of the approval of this CPUD amendment and DRI development order
amendment.
dd. In lieu of the annual traffic counts for the PUD monitoring requirements. the
develooer shall make a payment to Collier County to install four permanent count
stations not to exceed a total of $40.000.00 pursuant to the Land Development
Code. Payment to Collier County shall be made within one year of the approval
of this CPUD amendment and DR! development order amendment.
ee. The developer shall construct or cause to be constructed an interconnection road
to the industrial park to the north of the CPUD as shown on Exhibit "C". The
developer shall be responsible to coordinate the construction with the owner of
the property currently developed as Naples Dodge. The construction of the
interconnection road shall be completed at the earlier to occur of (i) prior to the
issuance of a CO for any imorovements constructed upon the eastern 9.86 acre
portion of Pine Air Lakes Unit 3. Lot I (tax parcel 66760010044); or (ii) within
one year of the approval of this CPUD amendment and DRI develooment order
amendment.
ff. The developer shall extend the eastbound stacking lane on Pine Ridge Road for
the north-bound turn onto Naples Boulevard within one year of the approval of
this CPUD amendment and DR! development order amendment.
gg. The developer shall utilize the existing Naples Boulevard median (County right-
of-way) to construct a second right turn lane from southbound Naples Boulevard
onto westbound Pine Ridge Road within one year of the approval of this CPUD
amendment and DR! development order amendment.
hh. The developer shall modify the Naples Boulevard median cuts used for
controlling traffic entering and exiting the Home Depot and NCH sites from
Naples Boulevard in accordance with the design criteria approved by the Collier
County Transportation Department within one year of the approval of the CPUD
amendment and DR! development order amendment and after the design criteria
have been approved by the Collier County Transportation Department.
n. When traffic counts warrant and when requested by the Collier County
Transportation Deoartment. the developer shall construct a mast arm traffic signal
at the future intersection that will be located at the existing curb cut on Naples
Boulevard approximately V. mile from the southern boundarY of the CPUD (west
of the Regal Cinema).
11. I. Within sixty (60) days after the approval of this CPUD amendment and DR!
development order amendment. the developer shall install a temporarY traffic
signal on Naples Bouleyard at the intersection of Naples Boulevard and the entry
to the Regal Cinema property. The Collier County Transportation Department
shall provide the lights and controls and the developer shall pay the costs of
ourchasing and installing the temporary poles and installing the temporary traffic
signal.
2. The developer shall design and construct a mast arm traffic signal (permanent
traffic signa]) to replace the temporarY signal concurrent with the construction of
the interconnection road referenced in Subsection 7.14.S of this Document. but in
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any event the construction of the permanent traffic signal shall be completed
within one year of the approval of this CPUD amendment and DRI development
order amendment.
G. Paragraph 7, Conclusions of Law, of Development Order Number 85-5, as amended,
is hereby amended to read as follows:
7 . ENVIRONMENTAL CONSIDERATIONS:
a. A site clearing plan has been shall be submitted to the Development
Services Department for review and was approved ftjlpfElval prior to any
substantial work on the site. This plaR may be sHbmitteEl in phases te
eeineide '""ith tfie E1evelepmeRt sehedHle. The site eleafing plaR shall
elearly E1epiet Ilew the final site plaR ineefjlerates retained nati'/e
'/egetatien te the maxilffillR eJ(tent possiBle anEl he'"" roads, bHildings,
lakes, parking lets, aRd ether faeilities haye been erieRteEl te aeeemmodate
this geal.
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c. All exotic plants, as defined in the Collier County Land Development
Code, have been removed shall Be reme'teEl dwing eaeh phase ef
eenotrnetien from all development areas, and preservations 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 techniques and inspection intervals, shall be filed
with and approved by the Development Services Department.
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H. Paragraph 8, Conclusions of Law, of Development Order Number 85-5, as amended,
is hereby amended to read as follows:
8. UTILITES:
A. Water and Sewer
I. Central water distribution and sewage collection and transmission systems
have been will be constructed throughout the project development by the
Developer pursuant to all current requirements of Collier County and the State
of Florida. The proposed water and sewer facilities will be have been
constructed within easements to be dedicated to the County for utility
purposes or within platted rights-of-way. Upon completion of construction of
water and sewer facilities within the project, the facilities will be have been
tested to insure they meet Collier County's minimum requirements at wllieh
time they will be and have been 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 mHst be have been reviewed and approved by the
Utilities Division prior to commencement of construction.
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5. An Agreement shall be entered into between the County and the Owner,
legally acceptable to the County, stating that:
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a) The water supply and wastewater treatment facilities for this proiect are
provided by Collier County and no temporary or interim water treatment
facilities are required. The prepeseEl water sHjlply anEl on site treatmeRt
facilities aREI/er on site y;aotewater treatment aREI t1ispesal [aeilities, if
refjHireEl, are to Be eonstructeEl as part of the pr-eposeEl preject anEl mHst Be
regardeEl as interim; they shall be censtrneleEl to State aRd Pederal
stanElares aRd are to Be ewneEl, operateEl, and maintaineEl BY the Owner,
his assigns er SHceessors HRtil sHeh time as tile COHRty' s Central Water
Pacilities aRd/or Central Sewer Pacilities are available to scrvice tile
prej ect.
b)Upen eellReetieR to the CeliRty's CeAtfal Water Paeilities, and/er
Central Sewer Paeilities, the Owner, Ilis assigns or sliceessors shall
abanElon, t1ismantle, anEl remeve frem the site the interim '1later anEl/er
sewage treatment fueility anEl diseentinHe lise ef the water sHjlply selH'ee,
if ftjlplieable, iR a manner eonsistent witll State of PleriEla staRElams. f.ll
wefk related with tIlis activity sllall Be performeEl at ne eest te tile CeHnty.
b) Connection to the County's Central Water and lor 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.
c) All construction plans and technical specifications related to connections
to the County's Central Water and/or Sewer Facilities will be have been
submitted to the Utilities Diyision for review and approyal prior to
commencement of construction.
d) 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.
e) 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.
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D. 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 plar.HeEl litility imprevements for Seetien II
pllfOHaRt te the creaaen efthe Pine Riege IntlHstfial Park MSTU call for all sewage
frem Seetion II to Be IreateEl at a cefttffil en site treatment facility er at an
allemati'le CeHHty Regional Sewage Treatment Paeility. Careful planning will Be
refjHireEl te inolire aR orElerly d6','elepment and eonstruetion of the sewer system and
treatment [aeility to serve this project anEl SeetioR II. The water supply and
wastewater treatment facilities for this proiect are provided by Collier County and
no temporary or interim water treatment facilities are required.
I. The Conclusions of Law Section of Development Order Number 85-55, as
amended, is hereby amended to add a new Paragraph entitled "Housing" to read as
follows:
11
Words stmek tilfeHgfl are deleted; words underlined are added.
9. HOUSING: To satisfY the proiect's affordable housing impacts
cumulatively the applicant's mitigation for commercial and office uses shall be
$206.424.00. These funds shall be paid to the Collier County Affordable Housing Trust
Fund at issuance of building permit. If more than one building permit is involved. then
the payments shall be prorated on a .50 cent per square footage basis with a portion being
collected at the issuance of each building permit.
L. Paragraph 3, of the Future Resolution Section, of the Development Order
Number 85-5, as amended, is amended to read as followsee:
BE IT FURTHER RESOLVED, by the Board of County Commissioners of
Collier County, that:
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3. This Development Order~ termination date the project buildout date shall be
the same date which is October 14, ;;goo 2010.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the Substantial Deviation
ADA is legally described as set forth in Exhibit A, attached hereto and by
reference made a part hereof.
B. The application is in accordance with Section 380.06(19), Florida Statues.
C. The applicant submitted Notification of Proposed Change to a Previously
Approved Development of Regional Impact (DR!) pursuant to Subsection
380.06(19), Florida Statues.
D. The applicant proposes the development of Pine Air Lakes on 148.99
acres ofland in Collier County for commercial retail and office uses.
E. The proposed changes to the previously approved Development Order are
consistent with the report and recommendations of SWFRPC.
F. A comprehensive review of the impact generated by the proposed changes
to the previously approved development has been conducted by the
County's departments and the SWFRPC.
G. The development is not in an area designated an Area of Critical State
Concern pursuant to the provisions of Section 380.06, Florida Statutes, as
amended.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do
constitute a substantial deviation pursuant to Section 380.06(19), Florida
Statutes. The scope of the development to be permitted pursuant to this
Development Order Amendment includes operations described in the
Notice of Change to a Previously Approved DR!.
B. The proposed changes to the previously approved Development Order are
consistent with the report and recommendations of the SWFRPC.
12
Words slnlek threHgfl are deleted; words underlined are added.
C. The proposed changes to the previously approved deyelopment will not
unreasonably interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development are
consistent with the Collier County Growth Management Plan and Collier
County Land Development Code adopted pursuant thereto.
E. The proposed changes to the previously approved development are
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 85-5 shall remain in full
force and effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order Number 07-01 shall be transmitted
immediately upon execution to the Department of Community Affairs,
Bureau of Land and Water Management, and the Southwest Florida
Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution is recorded in the minutes of
this Board.
THIS RESOLUTION ADOPTED this /3 day of ~ ,2007,
after a motion, second, and majority vote.
ATTEST:
DWIGHT E. ~OCK, CLERK
BOARD OF COUNTY COMMISSIONERS
::TLlli~Y4f
JAMfiS N. COLETTA, Chairman
~IJI~~~ Q(.
. Attest as '. perk
.,91lIt.... on 1-
Approved as to form and
legal sufficiency:
IrVt ~'lU on. {Jt~ (Jl'ufL,y
MaIjorie . Student-Stlrlmg 0
Assistant County Attorney
13
Words struek tilfeHgh are deleted; words underlined are added.
EXHIBIT "AM
A ptrcel or trlctot l.nd ly1n9 In SectIon II. To.n.htp .9
SO~lh. RInge 2S tl1t, Colt1er County, florid., be:1n9
d(t'rlbc~ IS {oll~3:
COlr'n'otnctn9 It tilt Korthcist' comtr of ufdScct10R 11.
run S 00021'.7. W ,'ong tht [1St l1nt of slfd Sfctto~ 11 .
dfst.nce of 1318.86 teet; thence S eao.7'13. W 100.0. f"t
to th~ POIHT Of 8(GIKKIHG .n4 the ~stcrly r19ht.o{-~.y line'
of County ROld N-o.31i thence continue S 88o~7"1J. \( 1654.06
teet; thenCe S 0100S'21" ( 1316.71 feet, thence S OlOOS'ta'"
E 1n6.78 feet; thence" 88051'31. E 13''l.,(l hct; thence
K 00018'58" W 329.4S teet; thence K eaOSO'S7" E 1245.82 reet
Lo the ,",utcrly rtght-o,t-way Hoc of Count)' Ro"d 1(0.31;
thence K 00027'18. E Ilon9 sold r19~t-of-way Iln, 989.28
feeti thence" 00021'40" E 110ng sild r1ght-o(-~t)' \lne
1318.80 teet to th, POIKT Of 8EGIK/itKG:
)
Slid parcel or tnet contlfnfng-148.99 ..cre1, ft:)r( or ItSs.
Subject to clsem<nti, restrIctions And reservations of record.
8,.rln9s bls,d on I belrln9 of K 00027'47" E on the EIst
line ot tl\< KE, ot Section II. Township 4.9 South. Rln9' 2~
(1St, CollIer County, florfda.
This descrIptIon ~ets the Klni~um Technfc.1 SlIndords IS .
set forth by the floridl BOlrd of land Surveyors, pvrSulnt
to Chlpter .72.027. florlda Stltut.S.
Pine Air lakes DRI
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HOME
DEPOT
2158 JOHNSON STREET
P.O. BOX 1550
FORT MYERS, FLORIDA 3J902-1550
PHONE (239) 334--0046
FAX (239) 334-3661
LB. 1642 & LB. #642
103.00 Acres
10.69 Acres
33.49 Acres
1.81 Acres
148.99 Acres
Pine Air Lakes DRI
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SCALE IN FEET
Master Concept Plan
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EXHIBIT "e"
Pine Air Lakes I Naples Dodge Interconnect Exhibit
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THIS EXHIBIT IS CONCEPTUAL. THE FINAL DESIGN SHALL BE APPROVED BY
TRANSPORTATION DEPARTMENT DURING SITE DEVELOPMENT PLAN REVIEW ANY
REVISIONS TO THIS EXHIBIT SHALL NOT REQUIRE AN AMENDMENT