Resolution 1997-065
JAM 2 8 1997
RESOLUTION NO. .97 - 65
DEVELOPMENT ORDER 9 7 - I
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR
ISLANDWALK LOCATED IN SECTIONS 33 AND 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
WHEREAS, Sunco Building Corporation, a Florida corporation,
(herein "SUNCO") filed on April 15, 1996, with Collier County an
Application for Development Approval (ADA) of a Development of
Regional Impact CDRI) known as IslandWalk in accordance with
Subsection 380.06(6), Fiorida Statutes; and
WHEREAS, BUNCO has obtained all necessary approvals from
Collier County agencies, departments, and boards required as a
condition to Planned Unit Development (POO) 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 Section 380.06, Florida Statutes, is
,
authorized and ~mpowered to consider Applications for Development
Approval for Developments of Regional Impact; and
WHEREAS, the public notice requirements of Chapter 380.06.
Florida Statutes, and the Collier County Land Development Code
(LOC) 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 19, 1996; and
WHEREAS, the Board of County Commissioners has passed
Ordinance 97- 6
on January 28, 1997, which rezoned the subject
property to POO; and
WHEREAS, 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 development
permits not consistent herewith by the County or State; and
WHEREAS, on January 28, 1997, the Board of County
Commissioners, at an open public hearing in accordance with Section
.".., " II ~,
380.06, Florida Statutes, having considered the application for DRI
submitted by BUNCO; 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 County
makes the following Findings of Fact and Conclusions 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".
2. The application is consistent with Subsection 380.06(6),
Florida Statutes, (1995).
3. The applicant submitted to the County an ADA and
sufficiency response, hereby referred to as composite Exhibit "B",
which by reference thereto is made a part hereof to the extent that
it is not inconsistent with the terms and conditions of this Order.
,
4. The applicant proposes the development of IslandWalk, a
DRI consisting of approximately 705t acres, which includes: a Town
Center area containing ratail facilities of 10,000 square feet and
service facilities of 15,000 square feet, along with recreational
facilities on 15 acres; 2,100 residential dwelling units; a 2 acre
wetland conservation area; and 274 acres of open space and lakes;
all of which are reflected on the illustrative Master Plan attached
as Exhibit "E".
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 will 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 by the SWFRPC.
8. The development is not in an area designated an Area of
10. The
development
is
consistent
with
the
State
Critical State Concern pursuant to the provisions of Section
380.05, Florida Statutes, as amended.
9. The de'relopment is consistent with the current land
development regulations and the Collier County Growth Management
Plan, as amended.
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 28th day of January, 1997,
that the IslandWalk ADA submitted by SUNCO is hereby ordered
approved, subject to the following conditions:
1. ENERGY
The IslandWalk DRI will incorporate the following energy
conservation features:
A. Provision of a bicycle/pedestrian system connecting
I
~ll land uses consistent with Collier County
requirements.
B. Provision of bicycle racks or storage facilities in
recreational,
commercial,
and
multi-family
residential areas.
C. Cooperation with the County in the locating of bus
stops, shelters, and other passenger and system
accommodations if and when a transit system is
available to serve the project area.
D. Use of energy-efficient features in window design.
E. Use of operable windows and ceiling fans.
F. Installation of energy-efficient features in window
design.
G. Prohibition of deed restrictions or covenants that
would prevent or unnecessarily hamper energy
conservation efforts.
H. Reduced coverage by asphalt, concrete, rock, and
similar substances in streets, parking lots, and
~L
JAI 2lS Il91
other areas to reduce local air temperatures and
reflected light and heat.
I. Installation of energy-efficient lighting for
streets, parking areas, recreation 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).
K. Selection of native plants, trees, and other
vegetation and landscape design features that
requirements
water,
fertilizer,
for
reduce
maintenance, and other needs.
L. Planting of native shade trees to provide
reasonable shade for all recreation areas, streets,
and parking areas.
M. Placement of trees to provide needed shade in the
I
~armer months while not overly reducing the
benefits of sunlight in the cooler months.
N. Planting of native shade trees for each residential
unit.
O. Orientation of structures, as possible, to reduce
solar heat gain by walls and to utilize the natural
cooling effects of the wind.
P. Provision for structural shading wherever practical
when natural shading cannot be used effectively.
Q. Inclusion of porch/patio areas in residential
units.
R. Consideration by the project architectural review
committee(s) of energy conservation measures (both
those noted here and others) to assist builders and
residents in their efforts to achieve greater
energy efficiency in the development.
2. STORMWATER MANAGEMENT
A. The IslandWalk DRI shall require an Environmental
JAI2 8 1997
Resource Permit (ERP) - for conceptual approval and
for construction and operation of the proposed
surface water management system and for the
proposed wetland enhancement and dredge and fill
activities from the South Florida Water
Management District (SFWMD) , prior to commencement
of construction.
B. A determination shall be made, by SFWMD and the
applicant, prior to the commencement of
construction, as to whether a District Water Use
Permit, or Permit Modification, will be required
for certain dewatering activities proposed for the
construction of project lakes and/or road or
building foundations.
C. At the time of permit application, the applicant
shall provide verification that the proposed system
designs will meet District criteria in effect at
that time.
D. Best management practices shall be included on
construction plans for development and shall be
submitted to the Collier County Community
Development and Environmental Services
Administrator for review and approval.
E. The SFWMD Staff Impact Assessment Report identified
five (5) items of concern to SFWMD staff regarding
the proposed surface water management system.
These items are detailed on page 7, .Surface Water
Management Footnotes., of the District staff
report, that page being attached as Exhibit .C.
hereto. These items of concern shall be addressed
by the applicant, to the satisfaction of the SFWMD,
prior to the commencement of construction of the
project.
F. All internal stormwater management lakes and
conveyance ditches, and the preserved wetland area,
JAI 2 IS Il91
shall be set aside as private drainage and/or
conservation easements on the recorded final plat.
Stormwater lakes shall include, where practical,
adequate maintenance easements around the lakes,
with access to a paved roadway.
G. During construction activities, the applicant shall
employ best management practices for erosion and
sedimentation control.
These practices shall be
included in, or presented on, all construction
plans, and shall be subject to approval by the
appropriate agencies prior to their implementation.
H. Any construction silt barriers or hay bales, and
any anchor soil, as well as accumulated silt, shall
be removed upon completion of construction. Either
the applicant or the entities responsible for the
specific construction activities requiring these
measures shall assume responsibility for having
I
them removed upon completion of construction.
1.
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 p063ible, rather than closed systems.
J. Ten percent (lOt) of the finished lake banks shall
be planted as littoral zones with native emergent
or submergent aquatic vegetation, consistent with
LDC requirements. The applicant shall ensure, by
supplemental replanting if necessary, at least 80t
coverage of the planted littoral shelf is
maintained over a three (3) year period.
Beyond
three years, the littoral shelf shall be maintained
as a functional component of the lake system.
K. The applicant shall conduct annual inspections of
the IslandWalk Master Stormwater Management System
JAM 2 8 1997
and the preserved wetland area 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.
L. The applicant, his successors or assigns, shall
undertake a regularly scheduled vacuum sweeping of
all common streets and parking areas within the
development.
The applicant shall encourage any
private parcel owners within the development to
institute regularly scheduled vacuum sweeping of
their respective streets and/or parking areas.
M. The applicant shall participate in any ongoing or
future efforts by Collier County to establish a
county-wide stormwater management system.
N. Ditch and swale slopes shall be designed to
I
minimize discharges so that these facilities may
provide some additional water quality treatment
prior to discharge.
Treatment swales shall be
planted with grass.
O. 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 may interfere with the normal flow of
water through discharge structures and underdrain
shall
systems,
be
cleaned
from
the
detention/retention areas on a regular basis. Any
erosion to banks shall be replaced immediately.
P. Underdrain systems and grease baffles, if utilized
within the IslandWalk 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.
.,"'" '" '" w.I'
Q.
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.
R. To the extent consistent with applicable IItormwater
management system and environmental regulations,
any isolated wading bird .pools. constructed in
lake littoral zones shall be excavated to a depth
which provides aquatic habitat for mosquito larvae
predators, such as Gambusia affinis.
S. All commitments made by the applicant within the
ADA, and subsequent sufficiency round information,
related
Question
to
( General
Project
10
Description), Question 14 (Water), Question 15
,
{Soils), and Question 19 (Stormwater Management),
not in conflict with the above stipulations, are
hereby incorporated in this Development Order by
reference.
3 . TRANSPORTATION
A. The applicant or his successor or assigns shall be
fully responsible for site-related roadway and
intersection improvements required within the
IslandWalk DRI. The applicant shall be required to
pay its proportionate share of the cost for any
intersection improvements
(including but not
limited to signalization, turn lanes and additional
through lanes) found to be necessary by Collier
County for the project's access intersections onto
Vanderbilt Beach Road and Logan Boulevard. The
site access points shall be located and developed
consistent with Collier County's access management
standards and permit requirements.
.".., I. II 1:);1'
B. The following roadways and intersections are
projected to be significantly impacted by the
IslandWalk DRI (5\ of the adopted level of service
capacity of the roadway) and are forecasted to fall
below the adopted level of service standard prior
to Project buildout.
(i) Roadways
Vanderbilt Beach Road
-Airport-Pulling Road to Oaks Boulevard
(ii) Intersections
-Vanderbilt Beach Road/Airport-Pulling Road
- Vanderbil t Beach Road/Oaks Boulevard
-Vanderbilt Beach Road/Logan Boulevard
-Vanderbilt Beach Road/CR 951
C. Adequate commitments to provide the necessary
improvements, including but not limited to, right-
of-way, cost of signalization, turn lanes, and
I
9ther improvements deemed necessary by Collier
County to maintain the adopted level of service of
the
significantly
impacted
roadways
and
intersections specified in Condition 3. B. hereof
shall be made by Collier County or applicant as
specified herein.
D. Improvements to the facilities outlined in
Condition .B" above shall be made at the time that
a road segment or intersection is expected to
exceed the level of service standard adopted in the
local
comprehensive
plan.
Service
level
determination shall be made by Collier County. To
determine the existing levels of service on
regional facilities and the need for improvements
in a timely manner, the applicant shall submit an
annual traffic monitoring report to Collier County,
Florida Department of Transportation (FOOT) ,
Florida Department of Community Affairs (DCAI, and
JAil 2 8 1997
the SWFRPC for review and approval. The first
monitoring report shall be submitted one year after
the approval of the Development Order for the
IslandWalk DRI. Reports shall be submitted
annually thereafter until buildout of the project.
The annual traffic monitoring report shall (at a
minimum) contain the following information.
(i) PM peak hour turning movement count. at all
site access points onto Vanderbilt Beach Road
and Logan Boulevard and the off-site
intersections identified in Condition 3.B.
above.
(ii) Estimated existing levels of service at the
intersections and on the road segment
identified in Condition 3.B. above.
(iii) Estimated future levels of service at the
intersections and on the road segment
identified in Condition 3.B. above, based on a
one year projection of future volumes.
(iv) An estimate of the Project's existing trip
generation.
The Annual Update and Inventory Report (AUIR)
referenced in Condition 3.H. shall substitute for
the estimate of existing levels of service on the
monitored roadway segment.
In the event that no residential dwelling units are
occupied within the DRI, a letter documenting the
development status on-site may be considered an
acceptable replacement to the above traffic
monitoring for that year.
The above traffic monitoring report, in combination
with the Annual Update and Inventory Report (AUIR)
referenced in Condition 3.H. hereof, represents the
annual traffic monitoring requirements for
IslandWalk.
E.
Based on
the
transportation assessment
of
significant project impacts, construction of the
following transportation improvements or acceptable
alternatives shall be needed coincident with
development of the IslandWalk DRI. if adopted level
of service conditions are to be maintained through
buildout (2002) on significantly impacted regional
roadway segment and intersections.
Vanderbilt Beech Road
.Airport-Pulling Road to Oak. Boulevard
Vanderbilt Beach Rood/Airport-Pulling Rood
Vanderbilt Beach Rood/Oake Boulev"rd
Vanderbilt Beach Road/Logan Boulevard
VaDderbilt Beach Road/OR 951
Inter..ction Imp~t.
Bi!I"Al RetilliDg
'i!I"Aliution, if warranted
'i!I"Albation, if warranted
'i!I"Aliution, if warranted
F. The applicant shall mitigate its impacts on the
regional and local roadway and intersection.
identified herein as follows:
Ii) The Applicant shall make or pay for the site
related improvements specified in 3.A. hereof.
(ii) The Applicant shall pay its proportionate
share of intersection improvements at its
access points to public roadways specified in
3.A. hereof.
(iii) The APplicant shall be subject to all
lawfully adopted transportation impact fees.
(iv) The Applicant shall be subject to the
Concurrency Management System of the County as
set forth herein.
G. The regional roadway segments and intersections on
which this project has significant impacts are
wholly within the jurisdiction of Collier County
for purposes of concurrency management. The County
has made the decision to plan for and manage the
impacts of this DRI through its duly adopted
comprehensive plan. The County has considered the
regional roadway segments and regional roadway
"
Capital
Improvement
Element
(CIE)
of
the
intersections set forth in 3.B. and 3.C. hereof,
and has determined to require the project to be
subject to and to comply with the Concurrency
Management System (CMS) of Collier County as
adopted in its Growth Management Plan and
implemented by the Adequate Public Facilities
Ordinance (APF) Ordinance No. 93-82, as amended,
which is incorporated by reference as Exhibit "D".
After due consideration of the alternatives, the
County has determined that to require compliance
with concurrency as mandated by the CMS, in
addition to the other mitigations required in 3.F.
hereof, is the appropriate way to accommodate the
impacts of this project and to assure that
transportation facilities are provided concurrently
with the transportation impacts of this project.
H. The Adequate Public Facilities Ordinance (APF)
I
,-equires the Growth Management Director to complete
an Annual Update and Inventory Report (AUIR) by
August 1st of each year on roads and public
facilities based on the adopted level of service.
The applicant shall provide within fifteen (lS)
days of publication each year a copy of said AUIR
on the regional facilities set forth in 3.B. to the
SWFRPC and the DCA.
I. The Board of County Commissioners is required by
the APF to establish Areas of Significant Influence
(ASI) around any road segment or intersection which
is operating at an unacceptable level of service
(LOS) or is projected to operate at an unacceptable
LOS and is not scheduled for improvement in the
Comprehensive Plan in a manner and time which would
provide facilities concurrent with the impacts of
development pursuant to the APF. Projects within
-12-
-13-
the boundaries of an ASI are, with few exceptions
not relevant herein, prohibited from obtaining
further Certificates of Public Facility Adequacy
that would allow impacts to exceed the remaining
capacity, if any, of these road segments or
additional impacts to the deficient or potentially
deficient facility. The applicant shall notify
SWFRPC and DCA within five (5) working days after
receipt of notice of a publio hearing to deter~ine
the boundaries of any ASI on any facilities listed
in Section 3.B. hereof.
J. If any of the road segments or intersection.
identified in paragraph 3.B. become deficient, the
County shall establish an Area of Significant
Influence around such segment pursuant to criteria
set forth in the APF.
K. In addition to the provisions of the Collier County
APF Ordinance:
(i) The IslandWalk DRI is subject to the specified
requirements of the Adequate Public Facilities
Ordinance No. 93-82, as that Ordinance existed
on the effective date hereof. Any amendment
to the transportation portions of that
Ordinance by Collier County shall not be
effective or applied to the DRI unless and
until this Development Order is amended to
incorporate and render applicable such changes
or ame~dments to the APF Ordinance.
(ii) In the event that Collier County designates an
ASI around a deficient road segment that is
predicted to be substantially impacted by
IslandWalk, and the ASI does not include this
DRI, then the applicant shall be required to
file a Notice of Change of this Development
Order with Collier County, the SWFRPC, and the
.......-.... _I
DCA, pursuant to Subsection 380.06(19},
Florida Statutes.
(iii) The applicant shall file a Notice of Change
within sixty (60) days from the date the
County creates an ASI for such a deficient
road segment that excludes the DRI. The
applicant shall file with the Notice of
Change, a current traffic analysis and other
information attempting to establish that the
DRI is not having a substantial impact upon
the pertinent road segment, or other
justification of the County's exclusion of the
DRI from the ASI. If an ASI is established
for any deficient road segment or intersection
listed in Paragraph 3.B. of this Development
Order that does not include the IslandWalk
DRI, the DRI shall not apply for or be issued
any further Certificates of Public Facility
Adequacy until: (1) the Notice of Change
decision is made by Collier County, if neither
DCA nor SWFRPC participates in the public
hearing on this Notice of Change pursuant to
Subsection 380.06(19) (f), Florida Statutes,
and the change is adopted by Collier County,
as proposed; or (2) if a written objection was
filed by either DCA or SWFRPC, until the
deadline for any appeal of the Collier County
decision has expired pursuant to Section
380.07, Florida Statutes, and no appeal has
been filed.
(iv) 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 (5t) of
the peak hour, peak season adopted level of
-, 4-
-15-
service capacity of the roadway.
(v) The County shall provide the requisite public
notice and hold a public hearing on the Notice
of Change as expeditiously as possible.
Following a public hearing, Collier County
shall amend the DRI Development Order to
record its determination whether or not the
DRI is having a substantial impact upon the
deficient road segment or otherwise should not
be included within an ASI for the deficient
road segment. In making this determination,
the County shall include the impacts resulting
from all development to occur pursuant to the
Certificates of Public Facility Adequacy
previously issued to the DRI. The amendment
to this Development Order is appealable
pursuant to Subsection 380.06(19} and Section
380.07, Florida Statutes.
(viI If neither DCA nor SWFRPC objects in writing
to the Notice of Change pursuant to Subsection
380.06(19) (fl, Florida Statutes, and the
change is adopted by Collier County as
proposed, the DRI may be issued Certificates
of Public Facility Adequacy following the
CountY'6 Development Order decision. If
either DCA or SWFRPC submits a written
objection to the Notice of Proposed Change
prior to the public hearing, the applicant
shall not apply for or be issued Certificates
of Public Facility Adequacy until the deadline
for any appeal of the Collier County decision
has expired pursuant to Section 380.07,
Florida Statutes, and no appeal has been
filed.
L. Collier County and the applicant may consider other
JAM 2 8 1997
options to provide adequate commitments for needed
improvements to transportation facilities set forth
in 3.B. 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 SWFRPC policies and
said options or mitigative measures shall be
adopted in accordance with Sections 163.3220,
Florida Statutes, which requires a Local
Government Development Agreement
and a
commitment by the applicant and/or the local
government to insure concurrency on all
significantly impacted regional roads.
(H) Any such option shall only be implemented
after a Notice of Proposed Change procedure as
outlined above.
,
4. WASTEWATER MANAGEMENT/WATER SUPPLY
A. This project shall require a modification to
District Permit #11-00164-W, for the proposed
groundwater withdrawals for landscape irrigation,
to be approved prior to the commencement of
groundwater withdrawals.
Prior to commencement of construction,
the
B.
applicant and SFWMD shall determine whether the
proposed construction activities will require a
water use permit for certain dewatering activities
proposed for the construction of onsite lakes,
and/or road or building foundations.
C. The project shall utilize ultra-low volume water
use plumbing fixtures, self-closing and/or metered
water faucets, and other water conserving devices
and methods, consistent with the criteria outlined
in the water conservation plan of the public supply
permit issued to Collier County Public Works
JAM 2 8 1997
Division, or the appropriate approved utility
provider, by the SFWMD.
D. Should proposed irrigation withdrawals result in an
increase in use of groundwater from the Lower
Tamiami
Aquifer
beyond
currently
approved
agricultural uses, an impact analysis shall be
required for the IslandWalk Development at the time
of permit modification application.
The impact
analysis shall include an evaluation of the use of
alternative sources, such as reclaimed water,
surface water, or the water table aquifer.
E. The project shall obtain potable water, wastewater
treatment and, eventually non-potable water, from
the collier County Public Works Division, if
Collier County Public Works determines that it has
sufficient capacity to serve the project. Should
Collier County Public Works Division determine that
,
it does not have sufficient capacity to serve the
project, the applicant shall either construct
interim potable water, wastewater treatment and/or
non-potable water facilities, or shall postpone
development until such time as Collier County
Public Works' service capacity is available to the
project. Any interim facilities constructed by the
applicant shall be constructed to Collier County
Public Works Division Standards, and shall be
dismantled, at the applicant'S expense, upon
connection to the County facilities.
Whether
potable water, wastewater treatment and/or non-
potable water facilities are provided onsite or
offsite, the applicant shall demonstrate to Collier
County that adequate capacity is available at the
time of final plan submittal.
F. As the IslandWalk DRI intends to utilize treated
effluent for irrigation, the applicant shall ensure
JAil 2 8 1997
that onsite lakes, the preserved wetland, and the
stormwater management
aystem ars adequately
buffered from possible effluent contamination,
pursuant to applicable FDEP criteria.
G. Temporary septic systems may be utilized in
conjunction with construction and sales offices and
model homes. All temporary septic systems shall be
properly abandoned and/or relllOVsd by a licsnsed
septic systel1l firm at the time when permanent or
interim wastewater treatment facilities COlDS
online.
H. 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 Public Works Division prior to
I
~ommencement of construction.
I. All potable water facilities, including any
possible onsite potable water treatment plant,
shall be properly sized to supply average and peak
day domestic demand, in addition to fire flow
demand, as a rate approved by the Golden Gate Fire
Control and Rescue District.
J. The lowest quality of water available and
acceptable shall be utilized for all non-potable
water uses.
K. All commitments made by the applicant, within the
ADA and subsequent sufficiency round information,
related
Question
(General
to
10
Project
Description), Question 14 (Water Supply), Question
17 (Water Supply), and Question 18 (Wastewater
Management), and not in conflict with the above
recommendations shall be incorporated as conditions
of approval within the Collier County Development
'C'l,_
JAN2 8 1997
Order for IslandWalk.
5. CONSISTENCY WITH THE LOCAL COl<IPRRHENSIVR PLAN
A. Collier County has determined that the IslandKalk
project is consistent with the Collier County
Comprehensive Plan and that the project's one phase
development is consistent with the County's
concurrency management plans relative to public
facilities necessary to support the project.
6. GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions
provided by the applicant within the ADA (and
supplementary documents) that are not in conflict
with specific conditions for project approval
outlined above are officially adopted as conditions
for approval.
B.
Subsection
380.06(16),
Florida
Pursuant
to
Statutes, the applicant shall receive credit for
,
~ontributions,
construction,
expansion,
or
acquisition of public facilities if the developer
is also subject by local ordinances to 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.
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
applicant commitments incorporated within the
Development Order, 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
JAil 2 8 1997
this shall be presumed to be substantial deviation
for the affected regional issue in accordance with
Subparagraph 380.06(19) (c), Florida Statutes.
D. 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 occu=ed
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.
BE IT FURTHER RESOLVED by the Board of County Commissioners of
Collier County" Florida, that:
,
The ; Collier
1.
County
Community
Development
and
Environmental Services Administrator shall be the local official
responsible for assuring compliance with the Development Order.
2. This Development Order shall remain in effect for ten
(10) years from the date of adoption. However, in the event that
significant physical development has not commenced within five (5)
years from the date of adoption, development approval will
terminate and this Development Order shall no longer be effective.
For purposes of this requirement,
.significant physical
development" does not include roads, drainage or landscaping, but
does include construction of buildings or installation of utilities
and facilities such as sewer and water lines. This time period may
be extended by the Board of County Commissioners upon a showing of
good cause for the delay in commencement of development.
3. The definitions contained in Chapter 390, Florida
Statutes, shall control the interpretation and construction of any
terms of this Development Order.
4. Pursuant to Subsection 380.06(l5) (c}3, Florida Statutes,
""'at '" '" h.h#1
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 lil1litations
of said Subsection of the Florida Statutes.
5. The applicant 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 SWFRPC, and the DCA.
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 .DRI 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.
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, state
,
or federal permitting procedures.
7. 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
effective date of this Dev~lopment Order.
8. Appropriate conditions and commitments contained herein
may be a~signed to or assumed by the IslandWalk Community
Development District.
9. In the event that any portion or section of this
Development Order is determined to be invalid, illegal, or
unc0nstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner, affect the remaining portions of
this Development Order which shall remain in full force and effect.
10. This Development Order shall be binding upon the County
and the Developer, their assignees or successors in interest.
11. This Development Order shall become effective as provided
JAII2 8 1997
by law.
12. Certified copies of this Development Order shall be
provided to the DCA and the SWFRPC as provided in Subsection
380.06(25) (g), Florida Statutes.
Commissioner Conatantine
offered the foregoing Resolution
and moved its adoption, seconded by Commissioner Morria
and upon roll call the vote was:
AYES: Co.aiooionar Conotantine, Commiooioner Morrie, Co.aioeiODer Hac'l1e,
C~iaaioner Berry and Co.miaaioner Hancock
NAYS: Mone
. ABSENT AND ROT VOTING: lone
'" ~. ",;",,!" ;i,J ' -.
/~,~.,pONB.A14D;PRDERED this ~ day of January 1997.
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BOARD OF COUNTY COMMISSIORBRB
~
I B.. BR
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APPRovmiAB~ TO FORM AND
LEGAL SUFFICIENCY:
~ . T;1il!;;.'~"t~
IB M. S ENT
ASSISTANT COO'N'q ATTORNEY
Je-=n\DO.OAa
Pebruary 3. 1t'7
Exhibit "A"
Exhibit "B"
Exhibit "CO
E7.hibit "D"
Exhibit "E"
3*--=O\DO.<<*I
Febnlazy 3, un
-.
c,,1I,~
JAM 2 8 1997
LIST 01' KDIBITS
ISLAHInfALlt DBVBLOPKBNT ORDD
Legal Description
ADA and Sufficiencies (by reference)
"Surface Water Management Footnotes", of the
District staff report - page 7
APF Ordinance (by reference)
Master Plan
..
''';'
JAM 2 8 1997
BDIBIT -A-
LZQAL DISCRIPTIOH
All of Section 33, Township 48 South, Range 26 East, Collier
County, Florida.
AND
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48
South, Range 26 East, subject to an easement for public road right-
of-way over and across the West 30 feet thereot and the South 30
feet thereof.
AND
The South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section
34, Township 48 South, Range 26 Bast, Collier County, Florida, and
subject to an easement for public road right-of-way over aDd across
the West 30 feet thereof.
AND
The North 1/2 of the North_st 1/4 of the Southwest 1/4 of Section
34, Township 48 South, Range 26 Bast, Collier County, Florida; and
subject to an easement for public road right-of-way over and across
the North 30 feet thereof and the West 30 feet thereof.
LESS AND EXCEPT:
The following described property situate, lying and being in
Collier County" Florida:
i
The South 170 fElet of Section 33, Township 48 South, Range 26 East,
and the South 145 feet of Section 34, Township 4S South, Range 26
East; by Order of Taking, Case No. 86-1456-CA-01-HDH, recorded in
O.R. Book l21S, Page 1662.
].~\DO.ORQ
JAM 2 8 1997
BXBIBIT .C.
SURFACE WATER MANAGEMENT FOOTNOTES:
(1) Stage/storage for the project site will be determined at the
time of the final design along with the flood routings and
configuration for this design.
(2) The proposed control elevation of 10.5 NGVD may be low and
will need to be further evaluated at the time of the ERP
application review. Control elevations and structure
locations will also be determined at that time.
(3) The water management areas and BMP's will be reviewed at the
time of the ERP application review to ensure that stagnation
will not occur.
(4) Finished floor and road elevations will be determined by the
flood routings provided with the final project design at the
time of the ERP application review.
(5) The applicant has been coordinating with Collier County
officials to determine the upstream flow areas and quantities
required to pass through or around the project site.
Downstream conveyance capacity, project discharge rate, and
off-site flows will be reviewed at the time of permit
application as they are interdependent and may affect each
other. Project discharges may be limited to less than the
anticipated rate due to the conveyance capacity of the
Vanderbilt Beach Road ditch.
3.--=O\DO,ClItO
,ebnlary 3. 1997
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