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Resolution 1999-472 DO 1999-005170 RESOLI?TION NO. 99-~72 DEVEI.OPMF. NT ORDER NO. 99-$ :\ RF. SOI.U'rlON AMENDING DF. VI:I.OI'MENT ()RDF. R 8t~-l, A.% AMF. NDF. I). FOR ]'Ill:. WOODI.ANDS ¢)F RI!(HONAI. IMPACT TO NOW BE KNOWN .,IS '1111: ()I.I)E f'YPRI!SS I)F. VI;.I.OP,NIF. N'I' OF REGIONAl. IMI',,\('I' llh' PROVIDING FOR: SECTION ONE: AMENDMf':NTS FINDINGS OF FACT SECTION l'O ('flANGE 'rHF NAME '111E PROJF. CI' TO OLDE CYPRESS. TO INCREASE '111I: .,\('RF:AGE OF TIlE PROJECT AND TO IN('REASF. TIlIi ACREAGES ATTRIBUTABLE TO RESIDEN FIAI. I)F. VI'].OPMF. NT AND TO ADD A I'RESERVATI(~N ,-\RI~A: A.XlF. NI)MF. NTS TO ('ON('I.I;'SIONS ¢)F I.A\V SEt TI¢)N T() ('tlAN(}E Till:. N:XMI! OF 'FIIF. PROJECI' OWNER: A.MF. ND,XlENTS TO TIlE DRAINA(}F:,WAI'F.R SI!('TIf)N. Till:. FI.OOD PI.:XIN. III. JRRI('ANF. I.:\',.\('UATI()N SI!('11ON ANI) IIIE TR,.\NSPORTATION SI:('I'1ON T() RI!I:I.I~CF 'Fill;. ('ItANGE IN PROJECF NAMk TO ¢'YPRF, SS: AMENDMENTS TO TIlE iIISTORICAI. AR('IIEOLOGICAL SECTION TO FURTHER DESCRIBE Till! I'RF. SI:.RVE/ARCIIEOLOGICAL AREAS AND PROVIDE DEVF. I.OPMENT STANDARDS TIIEREFOR; AMENDMENTS TO 'FILE WETLANDS SECTION TO REFI,ECT Till:' I'RO,11~('l NAMF, CIIANGE AND ('flANGES IN TItF. WETI,ANDS PRESERVED: SECTION TWO. FINI~INGS ()I- FACF; SECTION TIIREF,, CONCI.L'SIONS OF I~AW; ,\NI) SECTION FOUR. EFFECT OF PREVIOIJSI I)1:' VI'].OPM F, NTORDER. TRANSMI1 TAI, I(~ I)E PAR'IM F. NT OF COMMUNITY AFFAIRS .\ND I!FFF.('TIVF. I)AT F.. WIIF, REAS. lhc lmmokalee Road Parmership and (ircg ('aNness liscd ~m l)cccmhcr (~. 1983 ~ith fi~c ('ounty of ('~filier an Application fi~r I)~vclopmcm Approval ~AI)A~ of a Development of Regional Impacl d)RI) know, as 111c XVoodlands in accordance x~ith Scclion 380.06. Florid, SialtJ[es: and WlIEREAS. the Board t~]' ('Otlt~IV ('ommissioncrs of ('oilier ('olllllV. I'h~mla approved Dcvdopmcnl Order No. 86-I (Ihe "Devclopmcnl Ordcr"~ fi~r lhc Woodlands I)RI m~ November 6, 1986: and WIIEREAS. subsequcm ~o Ihc approval ,f l)cvclopmcnl ()rdc~ N-. S6-I. Ihc Boiud Counly Commissioners of ('oilier Coumy. Florida approved soycud amendmcnls to said Devdopmcnl ()rdcr; and WIIEREAS. Olde Cypress DevdopmcnL Ixd.. a Florida limilcd pam~crship d~crcinafier "Olde Cypress"), Ihc successor in int~rcsl to lhc Immokalcc Road Parmership, desires Io certain revisions ~o the plan of dcvdopmenl and I)evdopmenl Order ;,, amended. fi~r Woodlands DRI, now u~ be known as Ihe Olde ('ypress DRI. m~d 1o make certain chan~cs ~o the development appnwcd fi~crcin; al~d 170 \VIIEREAS. "Okle Cypress". through its aulhorizcd agent. has filed its applicalion and notice of proposed change to Development Order No. 86-1. as amended, which is allached hereto and inco~oralcd hcrcm as INhibit "W': and WIlEREAS. the Board of ('ounty Commissionc~. as lhe ?vexing body of the uninco~oratcd area of Collier County. Florida. with jurisdiction pursuam m Section 3S0.06, FIorhla Statutes, is authorized and empowered to consider proposed changc~ Io The Woodlands DRI Devclopmcnl Order No, 86-1, as amended: and WtfEREAS. the Collier County Board of County Commissioners passed Ordinance No. ~ on ~_~]~._~. 1999. which had Ihc effccl of amending Woodlands dcvclopmcnl previously approved in Ordinance No. 99-27: WIlERE,AS, on ~_~__. 1999. Ihc Board of County ('ommissioners of ('ol!icr County. Florida m accordance with Scclion 380.%. 1'7oritht Statutc.~. haxmg considered "()ldc Cypress'" application and notice of proposed change to the Woodlands DR1 Development Order No. 86- I. as arecrated. and record made at said heating. aml having considered the record of the d(~umcnlaD' and oral c~ idcnce prescnlcd Io Ihe ('oilier ('ounly Planning ('oremission. the rcpo~ aml recommcmtat,m of ('oilier ('otmtv Planning Staff and Ath'isorv Boards. ihc rcpoc~ and recommendations of the Soulhwcsl Florida Regional Phmning Council. the Board of Counlv hereby approves the following Woodlands I)RI l)evclopmcm Order Commissioners amendments. NOW. TIIF. RF. FORE. BF. IT RF, SOI,VED BY 'FIIF. BOARI) OF ('OI:NTY ('OMMISSI¢.}NF. RS OF COl.I.IIiR ('OI/NTY, FI.ORIDA TI IAT: SECTION ONE: ,.'O,1ENDMENTS TO I)IiVEI.OPMEN'F ORDER AND MAS'FI.~R A. Paragraphs 3 and 4 of tile Findings of Fact Section of Development Order 86-1. as amemlcd, for the Woodlands DRI is hereby amended Io re:ld as Follows: lhc real property which is tile subject of tire ADA and of the proposed changes to ~ Qldg._C,_59.Lg.~is legalls' described as set forth m Exhibil B attached hereto and by rel~rcncc made a pan hereof. The applicant proposes the development of ~~m~ ~''~. pursuant to the ADA, anti the temps nnd conditions of this Dcx elopmcnt Order. ns the same may be amended. The development consists ot'~ q~ acres xxhich inchides a maxinmm of 165,000 square feet o1' contmcrcial retail ol1 a maximum of 12.5 acres. residential development of 1,100 dwelling unils on approximately ~ ~ acres, approximately 176.2 acres of preservation area. and approximately ~ ~ acres of lakes, open space. an 18-hole golf course ~ ' .' / v ' ,'' '.The 2 - 17 0 general plan of development is depicted on Exbihi! "A" attached lierolo and inco~oratcd bcrcin by rcfcrcncc. ahhougb tbc acreages rclkrcnccd Ibcrcin and slalcd herein may rag' sonlR~hal IO accommodate site conditions. topography and environmental pcm~itling rcquircmcnls. B. q'bc general inlroducto~' paragraph o~ Ihe Conclusions of l.;tx~ Section of l)cvclopmcnt Order No. ~6-I. as amended, For the Woodlands DR1 is hereby amcndcd to read as NOW. TltEREFORE, BE FF RESOI,VED by the Board nf ('ountv ('ommissioncrs (ff Collier County. Florida. in public meeting. duly conslhulcd assembled ()clobcr 22. 19'~6. that fl~c l)cvclopmcnt of Regional Impact Application for Dcvclopmcnl Approval as amended pursuant Io lbc Norco of Proposed Change submitted hv the h ' : ' ~ '- ) q : / [a 151( ' ~~ is bcrcby nrdcred appr,~vcd subject to the folloxving conditions in rcsponsc tbc Soulbwcsl Flnrida Regional Planning CouncJl's rccommcnd;fl,ms and the commitmcnls specified in the ADA and NOPC x~ bicb are hereby adnptcd as conditinns approval of Ibis Development Order. so long as they are consis~cnl xvilh the Icrms and conditions of lifts Development Order. as amended: c. Subparagraph b. of Paragraph 1 entitled "l)rainagc.'Watcr Qtlalily" ~1' tbc Conclusions of l.aw Scclion of l)cvclopmcnt Order No. 86-I. as ;.nondeal. fi~r the Wo~dl,mds DRI is bercby amcmlcd Io read as follo~vs: b. An ongoing moniloring maintenance and sampling program sh,dl designed by IIic Perilloner subject to review and approval hv lhc PI;mning Sen'ices l)epanmcnt (DSI)) and the Florida Depamncn~ of l!nvironmcnlal Protccli(m In dclcmlJnc conccnlralions t~f polenlial polhil;mls parccl's lakes. prcsc~'cs. and groundwalcr. '1 hc dclails of prngram shall be mum;fllv agreed upon bclx~ccn lhc Petitioner. the l)cvclopmcnt Sea'ices I)cpanmenl. and Ihc t:h~rida I)cpam~cm l!nvironmcntal Prolcclitm at a dale prior to lhc commencement ol' silo development. Details of the monitoring program are hereby inco~oralcd by reference inlo tiffs Development Order. 'Hie monitoring program shall inchide: I. Surlhcc water ill lakes, cypress preserves. nnd mhcr rclcnlitm areas; (}round~x alcr moniloring of sc]cclcd locations; 3. I,akc sediment monitoring; A sampling frequency adcquale 1o allow assessment of pollution; 5. If any violation oflbc Stale water quality standards are atlribulablc I,~ Ih¢ development. the causal;on will I~c modil]ed or ~loppcd dccmcd nccc~' ~o ~ lhC Dcvclopmcnl Sc~'icc~ Dcpadn~cnl) and rcmcdi~l aclion la~cn raM. upon the rcquc~l of Ihc PImmin~ Sen'ices Dcpaflmcnl, more intensive 111oniloliIlg will occur. I.astly, if during Ibis moniloring pn~gram a wc[lficld protection ordinance is adopted by Collier County. ~~ ~ shall be subject In Ihc more stringent of the Ix¥o programs. D. Paragraph ~. entitled "]:lnodplain' Ilurl'ic;me I{x';~ct~alion" ~t' lhc ('onclusitms of Law Section of [)cvclopmcnt Order No. 8(,-I. as amended, for Ihc Woodlands I)RI is herct~¥ amended In rc;~d as follows: 3. FI.OODPLAIN/IIURRICANE EVACUATION: The ~1~ I)RI location has a natural elevation of Ixvclve to fnu~een fecl above mc;m sea Icxcl ;111tl is well hc?nd Ihc cxpcclcd flooding arc;m of hurricanes i~1 catc?ries the ~eount)' and nile mile cast ol' an 1-75 intcrclmngc ol'lkring excellent access to ;red from major evacuation routes. The potential for on-site public'conlmon ;ireas In be used as public hub;cane shehers would provide a use of rcginn;d bentill. E. Paragraph ~ entitled '*[{istorical/Archaeological" of the ('onelesions of Section of I)evclopmcnt Order No. 8(~-I. as amended. for lhc Woodlands DRI to read as folloxvs: 4. ItlS'I'ORI('AlJARL'IIAI~OLOGICAL: No hislorical or archaeological sites are knox~n Io exist on · ~ W ~ - DR[ silo. 11owcvcr, a regionall)' significant burial sile is located if~i~~~ A survey' of the '~ s{Ic. revicwcd by the Florida l)cp:~Mmcnl of State. Division of Ilistorical Resources. encountered no cultural resources on site. The only potential area which may contain archaeological resources cypress located within the wed;red prcsc~'ation area. 'l'hcsc resources m;~? occur within an area of deep muck deposit. No impacts are proposed for this area. ('onditions: a. If during the course of site clearing, excavation, or other const~ctional aclivilies. an archaeological or historical sile, a~ilhct, h discovered. all dcvcloprncm ;it lhlll lochlion shall be immctli;~tcly st,~ppcd and the Slalc Division of Archives and l)cvclopmcnl Services l)cp;mmcnt n.tificd. Development will be suspcmlcd fi~r a sufficicnl lcnglh of time to enable the Development Services D~anmcnt or a dcsiglmlcd consullanl to assess lhc find and dctcm~inc the proper course of ~ction m regard to its sillvagcabilily. l'hc Development Sea'ices I)cpam~cm will rcspoml to ~mly a minimal intcrmplion I~ any constn~clional :mctivilics I~valualion of a historical'archaeological site shall inclmlc t~ul nm hc limilcd Io ils dclcnninalion as a she of regional or local ~Jgnilicancc. impacl minimization by inco~oratJng lhc silo into prcscrvalmn or green The Shflc l)cpaflmcrll of Archives and the ('Oillily Dcxclopn)cnl Scrx ices I)cpaflmcnl shall bc prnvJdcd access I*~ lhc pt-loci I~ m-niIorm~ Im~Oscs any lime during the life of the project. F. ('chain subparagraphs of P~,ragraph 5 cnlitlcd "Transportation" of I)cvclopmcnt Order N~. ~A-1. as amcmlcd. Ibr the W.odhmds I)RI is hereby amcmlcd h~ read ~s Ibll~ws: 5 170 TRANSPORTATION a. GENERAl.: 'lhe -Woodk~ts ~ DRI has direct access to hnmokalec Road (CR ( I I The Applicant, its successors or assigns shall he fidly responsible for site- related roadway and intersection improvemcnls required within ~lhe ~',~ ~ DRI. The Applicant shall be required to pay its proportionate share of the cost for any inletsection improvements (inchMing. but not limited to. signalization. turn lanes. and additional side street or driveway lhrough Janes) found to be necessa~ by Collier ('ounly IBr file projcct's access intersections onto Immokalee Road. (21 For pu~oses of this section. "significant impacl" is defined as when project traffic on any road segmenffintemection equals or exceeds 5% of I.OS D. peak-hour, peak-season capacity of the roadway/intersection. ~3} The ~~ ~ development is predicted to have a "signi ticant impact" on Ihe following roadway segments: Lee County: Ibmira [leach Road; - !-75 to CR 887 Collier County: CR 95 I - hnmokalcc Road Io Vandcrbill Beach Road -lmmokalcc Road ~o Ibmira Beach Road - Vamlcrbilt Beach Road to Golden ( ;ale Boulevard Immokalce Roatl: - Goodietie Road to Ai~on Road - ,,kiq}o~ Road Io I.ivingston Road - l.ivmgston Road extension to 1-75 - 1-75 to Oaks Boulevard - Oaks Boulevard to ~~ ~ ~nain access road e~llrance - Woodlands main access road and CR-951 The following intersections are predicted to be "significantly impacted" by ]'he IAtoodlan~ ~ project: (7) Immokalcc Road at Airport Road Immokalcc [,',oad at I.ivingston Road extension hnmokalcc Road at 1-75 Irarook:flee Road at Oaks I?,oulcvard Immokalec Road at hogan Boulevard cxlcnsUm Immokalcc Ro~d at I'roject Entrance Immokalce Road at CR 951 ('R 951 at Vandcrbill Beach Road hnmokalcc Road at Goodlotto Road The W~.~k:nfig Olde Cypress actual impact on ~hc road segments and intersections specified in (3~ and (4) hereof and d~c sen'ice level ol'cach of the above referenced road segments and intersections shall be empirically dclcnnined by lhe ('ountv using the morntoting reports rctluircd hv ('ONDITION 5.b.(5 L The ('ounly has adopted a Road Impact ["co (kdmancc. and the dcxch,pcr. or its successors in intcrcsh shall pay the "impact l~cs" specified by said ,talinonce for all dcvelopmcnl in :~:e W~lIamls Olde ~'prcss. These m~pact fees. together with that portion of gasoli,c taxes and ad valorem t:txcs generated fr-m the project and its inhabitat~ts and programmed for road impn~vcmcnls. and compliance ~ith the condilions conl:finctl in I'aragraph 5.h.. shall mitigale the lransportafion impacts reasonably attributable ~:~ x).,~ ~ development. An analysis of the Counly's proposed schedule for improvements m the roadway segments and intersections significantly impacled by ~ W~dk::~ Olde Cypress indicates lhat Ihe local government will he able to proxidc the transpoaalion facilities at the approved level of so,ice "consistcnlly" with Ihc development schedule for ~e W~l!::::ds Olde Cypress as set tbnh in die PUD document. x~ Jib the potential exceptions of thal section of County Road 846 from 1-75 Io CR 951. qhc section [h)nila Beach Road located in hoe Courtly has already hccn impro~ cd by hcc ('ounty to Four lanes (livided. By adopting lhis development order Collier Counly is making no comniJlnlcnl Io Jillprove {'a~cll Road or any off,or road in Lee County, however. CONDITION (4) shall be applicable. 1_70 By adopting this Development Order, Collier County has dctem~incd thal if the developer complies wid~ CONDITION 2. it will have made adequate provision for ils impacls on the roadway segment of CR 846 bctxvecn 1-75 and ('R 951. Collier County. has estimated lhc time frame in which c;~ch ~f the road scgmcnts/imcrscctions significantly impacted hv lhis dcvclopmenl shall nccd improvcmcnl to m;~intain the rcquisilc level o1' service adopted by the ('ounly. as the same may be ;inlcndcd J~ofll tJlllC to time, and has asccmfincd that it can provide the transportalien facilities consistertl with tl~c development schedule of ~~ however, tl~c C'ountv makes no guarantee to the developer Ihat said roadway segments/ intersections shall not fall bch)w the requisite level of sen'ice in spite of this commitment ortho Cotrely Io provide said Ihcilitics consistent with the Development Schedule. lty accepting Illis Development Order. developer umlerslzmds and agrees thai, ahhough the proposed schedule of the County l~r improving madway segments/intersections significanlly impacted by ~ would indicate that il will have Ihc ability to keep the ncccssa~ lransponz~tion improvements at lhc requisite level ~,1' service cr~nsistcnl wilh Ihc development schedule of ~~ ~ I~. the ('ountv is not guaranteeing the same to the developer and developer understands and agrees the County shall not be liable to developer fi~r its inabilily Io have said facilities available consislcnt wilh the dcvelopmcnl schedule of~ ~. ('ONI)ITIONS: I I) leased ¢n lhc transp¢~alim~ ;isscssmcnl ¢f signific~nt pro.joel impacts. censtruction ~1' the fi~llowJng Ir~llspoflatJo~l i~ltprovc~11c~lls t)r stlhstitutcs or allcmativcs shall be needed coincidcm witt~. development (ff ~~g ~ DRI. if adoplcd level of sea'ice c~)nditions are to be mainlathed through project buildout on significantly impacted regional road scgmenls and intersections: lmmokalec Road C.R. 951 Io Ai~on Road I:our I,m~cs Ai~o~ Road to Goodietic- Four Frank Road The Woodlands Io 1-75 Six Lanes 8 ('.R. 9SI hnmokalcc Road lo Golden Gate Boulevard Immokalce Road to Bonita Beach Road l:our La)rcs Two Lanes (or allcr- native im- provemen! ) Livingston Road Immokalcc Road to Vender- bill Beach Road Bonita Beach Road 1-75 to C.R, 887 Four or Six [,aries {7) In addition to the provisions of tbc ('oilier ('otmty AI'F Ordinance: (i) (it) Two Lanes The -Womt-lands Olde Cypress DRI is subject to the specified requirements of the Adequate Public Facilities Ordinance No. 93- 82 as that Ordinance existed on the ciTe(live dale her(of. Any amendment to the transporlation portions of that Ordinance by ('oilier Cotrely shall not be cffcctivc or applied Io the W+~14a~ Olde Cypress DRI unless and until this Development Order is amended to incorporate and render applicable st,ch changes or amendments to tile APF Ordinance. In lhe event that Collier County designates an ASI around a deficient road segment that is predicted to be substantially impacted by T~e W~e-Jlan-Js 1L~J~.~Yp~ Project, anti the ASI does not include the -Woodlands ~ DRI, then the applicant shall be required to file a Notice of Change of this Development Order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant Io Subsection 380.06(19), Florida Stalutcs. The applicant sirall file a Notice of Change within sixty (60) days from the date the County creates an ASI for st,ch a deficient road segment that excludes tire ;~goo-3;ands ~ DR1. The applicant shall file with the Notice of Change, a current traffic analysis and other information attempting to establish that the DRI - 9 - Words ,~.rlde~liiLed are additions; word,~ !70 (9) is not having a substantial impact upon the pertinent road segment. or other justification of the County's exclusion of tile DRI from the ASI. lran ASI is eslablished for any deficient road segment listed in Section 5 or Illis Development Order Illat does not inch,de the Woo,~ ~ DRI. the DRI shall not apply For or be issued any fi~nhcr Ccflificalcs of Public Facilities Adequacy until: (1~ the Notice of Change decision is made by ('oilier ('ounly. if DCA did not submit writleo objections to Collier ('ounly pursuanl to Subsection 380.06(19)(0. Florida Statutes and the change is adopied by Collier County. as proposed: or (2) until any appeal of such decision Io Ihc Florida [.antl and Wa~cr Adjudicalory Commission is resolved. The applicant. its successors or assigns shall subrail an annual traffic monitoring rcpo~ to the lollroving entities: ('oilier ('OtlllIy, Florida Department off]'ranspom~tion (FDOT). Florida Department of ('nmmunity Affairs fFDCA). anti file Southwest Fk~rida Regional Planning Council (SWFRI'C). The first traffic monitoring rcpo~ will be submitted one year after d~c date of the issuance of' Ihe firsl building permit For a rcsidcnlial building widdn the W,~I~ ~ DRI. Reports musl be submitted annually thereafter until buildoul of the project. 'Hie annual traffic moniloring report will contain the fi~llowing mfi~rmatim~: ANI aml I'M peak hour turning movement counts at all sile access points onto lmmokalce Road and a comparison of the Projoel's measured trip generation to the Projoel's trip generation assumed in the original DRI analysis. A summary or tile status or road inlprovcmenls assumed to be commitled in the ADA. including tile Road Pine Ridge Road Airport-Pulling Road Segment Type of In~provcmcnt 1-75 to C.R. 951 4 - hmc Goltlcn Gale Blvd. To 4 - hmc l0 - Golden Gale Boulevard C.R. 951 LivingsIon Road (Norlh) Immokalee Road Goodletle Road Santa Barbara Boulevard /Logan Boulevard C,R, 846 1-75 to C,R. 951 2 - lane Golden Gate Parkway 4 - lane to t:.as~ Golden Gate Boulevard C.R. 846 to Lee County 4 - lane l.inc U.S. 41 to !-75 4 - lane Pine Ridge Road to 4 - lane C.R. 846 Green (.'anal to Pine 4 - hmc Ridge Road (12) (13} The ahovc-lraffic monitoring reporl, in combination with Annual Update and Invcnto~ Rcpo~ (AUIR) referenced in Condition 5.B.(4). above. represents the annual lraffic monitoring requirements for lbc ~ ~~ DRI. The applicant assigned a significant number of ~s ~ Irips Io lhc proposed Parklands South Access Road f?om the Parklands bounda~ sombwanl. in Phase IV (ending 2004} of ~~ ~ ~. The Parklands Soulh Access Road is now being replaced by an cxlcnsion of C.R. 951 located to Ihe east and noflh of [mmokalcc Road. '[his rolocation is consistent wilh Ibe County's 2020 Financially Feasible Plan. A sixty foot {60') road right-of-way is now being provided on the west bounda~ of~~ O~ from Immokalce Road the noflh property line. These substitule for the Parklands South Access Road. The applicant also assigned a significant number of ~I~ ~ ~ trips to tbc proposed !.lyingston Road Extension between hnmokalee Road and Vanderbilt Beach Road during Phase V {ending 2007L If this road segment is nol constructed by the specified Phase. the project shall undergo a dctcmfination as to whether a substantial dcvialion has occurred. An amended development order shall be remicred after any substantial deviation dclcmfination. whelbcr /bund to bca subslanlial deviation or nol. Paragraph 7 entitled "Wetlands" of the Conclusions of Law Section of 11 170 '""! Development Order 86-1. as amended. for Ihe Woodlands DRI is hereby amended to read as follows: 7. WETLANDS: The ~Vooels, au4s Ql.d.g_C&'llg~ site contains a total of :748 176 acres of p.t.g. ae, DL~ wetlands which accounts for ~ ~,_33~? of the total site. Most of the cypress and a major portion of the transitional weftands are p:~rt ol'a major slough system which traverses the castera portion of the site. As :~ rcsuh pt' pumped discharges associated with the agrict,ltural operations located both west and north of the project site. along with drainage improvements such as the canal located immediately south of the project site adjacent to lmmokalce fCR 8..56) Road. the overall site has experienced an altered hydroperiod. Presently the exotic mclaleuca is diffused throughout the site. but no specific locations or acreages or' impacted areas have yet been delineated. The applicant commits that wetlands will be impacted by roads. golf cart crossings. lakes and golf course only to implement the approved Master Plan. attached hereto as Exhibit "A". and only as authorized by the permit issued by the South Florida Water Management District. attached hereto and marked Exhibit "C". As mitigation for wetland impacts. the applicant has committed to a series of mitigation measures s,ch as wetland and upland buffer zone preserve areas. upland prescn'c areas. lake littoral and limnetic zone creation. exotic invaded v.'ctland restoration and hydroperiod restoration. and off-site mitigation. as more specifically stated in Exhibit "C". Conditions The applicant commits to wetland preservation. `.Yetland mitigation and water management design presented within Exhibit "C" and as depicted in Exhibit "A" as conditions of approval, It Exhibit "A". Map "t F', Master Plan of Development Order 86-I. as amended. for the Woodlands DRI is hereby amchded by replacing said Map "H" with a new .',,lap "tt", Master Plan attached hereto and incorporated by reference herein as Exhibit "A". SECTION TWO: FINDINGS OF FACT A. 'The approved land uses within the Olde Cypress DRI are depicted on Ma "H". Master Plan. which is marked Exhibit "A", attached hereto and incorporated by reference herein. B. The application is in accordance with Section 380.06(19). Florida Statutes. C. The development of Olde Cypress on 528.8+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. 12 Word~ ~llJd~lj~.~) ar~ additions: 'anrd~ ,'*~-~,*~'k-*~o,,,,~,h ' 170 D. 'l'h¢ requested amendment to the previously approved Developmen! Order is consislcm x~ilh the rcpon anti review of Southwest Florida Regional Planning Council. A comprehensive review of lhc impact generated by the requcslcd amcndmcnls has hccn conducted hv the Counly Dcparlments and Ibc Soulhwcst Florida Rcgi~nal l'lanning ('ouncil. F. Tbc development is not in an area designated an Area of ('riltcal Sl:flc Concern pursuant to lhc provisions of Section 380,06. Floridtt .~tatut'3'. SEC~lON TIIREE: CONCI,USIONS OF I,AW A, The rcttueslcd amendment of Ibis previously approvcd l)cvclopmcnt Order is consistent with the report anti recommendations of the Southwest Florida Regional I'lanning Council and does not constitute a "substantial deviation" pursuant to Section 380.06( 1 ~)). Floridfit Sttttttt's. The proposed amendment to the previously approved l)cvclopmcnt ()rdcr xx ill not unreasonably interfere with the achievement of the objectives of the ath)plcd State I,and Development l)lan applicable to Ihc area. 'fhc proposed amendment to the previously approved l)cvch)pmcnt Order is consistent with the ('oilier Counly (Jrowtb Management Plan and lbe l,and l)cvclopment Regulations adopted pursuant therolo. D. The proposed amendmcnl Io Ihc previously approved l)cvclopmcnt ()rdcr is consislc~11 wJlh the State Comprchcnsivc Plan. SECTION FOUl{: EFFECT OF PREVIOUSI,Y ISSUED DEVEI,OPMENT ORDER, 'FRANSMI~A!, TO DCA AND EFFECTIVE DATE. A. Except as amended hereby. Development Order 86-1, as amended. shall remain in fiHI fi~rcc and effect. binding in accordance with its tc~s on all panics thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orderamendments which are in confiicl thereof. B. Copies tff this Development Order No. ~ shall be transmitted immediately upon execution lo lhc Department of Community Affairs, Bureau of [,and and Water Management and Ihe Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. 170 4 BE IT FURTIlER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopled aacr motion. second and majorily vole. D,m6 tiffs/~ day of~. .1')99. Board of Count)' Commissioners Col~i~ounty Flofda / ; ~/Pamela Mac'Kit. Chainvofi~an ATTEST: DWIGHT E. BROCK. Clerk Approved as to Fom~ and Legal Sufficiency .M'arjode M. Student Assistant County Attorney I)RI OI DI~(*YPRI S% DI.".'I I f~l'%ll:N ! ¢)Rl)l!R'md ;].4 ! ================================ :.::: :-:.:.:: ::: ::: ::: ::::::::::::::::::::::::::: :::::::::::::::::::::: ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::: :::::::::::::::::::::::::: I '1 ~70 ,i 170 '.! FORM RPM-BSP-PROCHANGE-1 STATE OF FLORiDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 (904) 4884925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRi be made to the local government, the regional planning agency, and the state land planning agency according to this form. I, Robert L. Duane, the undersigned owners/authorized representative of Olde Cypress Development, LTD., a Florida Limited Parmership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(I 9), Florida Statutes. In support thereof, I submit the following in.formation concerning the Woodlands DRI now to be known as Olde Cypress Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. D ate' Signature Signature EXHIBIT "B" '~t3,L&_NAP~Wl~ 199~ 199815 2¥1d'd'4od~ of {22m~gc~-OR.M RPM-BSP.do~ 170 Applicant (name, address, phone). RESPONSE: Mr. Paul Hardy The Strand 5645 Strand Blvd., Ste. 3 Naples, Florida 34110-7300 Authorized Agent (name, address, phone) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941 ) 262-4617 Location {CID', CounD', Township/Range/Section} of approved DRI and proposed change. RESPONSE: The Olde Cypress DRI is located in Section 21, Township 48 South, Range 25 East. Lands to be added to this Notice of Change are located in Section 22, Township 48 South, Range 25 F_.ast, and comprise .+28.69 acres and are located just to the east of Olde Cypress. (See location map.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional infomarion may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. RESPONSE: a) · The proposed change is to incorporate 28.69 acres to the east of the Olde Cypress DR1 into the project. The number of dwelling units will remain the same in the project, which are 1,100 dwelling units. The gross project density will decrease from 2.2 to 2.1 dwelling units per acre. Them is no increase in commercial floor h~ c) d) e) g) h~ !70 area ;,nd no change to the phasing schedule. commencement daic ~r build otll date. There is a minor increase in traffic, in Illis proposed Notice ol'('hangc. l'hcrc is 5.9% increase in daily trsps and a 5.4'~0 increase in p.m. ~rsps crimpareal t~ the 1996 Notice of Change. This is a result of the increase ~1' single famdy umts m the project and a decrease in muhi-family units (see Exhibit 4. 'Iraflit Analysis) t lowever. tilere was a decrease in daily trips of ~: 16% in Ihc 1996 Notice ill' Change, with the reduction of 360 dwelling units and 35.000 s.f. of commercial area. Therefore, the proposed Notice of Change is still below the initial ADA paramctcrs. Furthermore, the lands to be added to this Notice of Change. comprising 28.69 acres at seven dwelling units per acre. will result in a reduction of density for the lands to Ix: added. For example. assuming ± 6.63 trips per multi-family unit. ± 1.2 O0 trips will be further reduced from the surrounding road network which will serve to offset the incre,~e in trips from the 1096 Notice of Change. as a practical matter. The name of the project developer will change t¥om the !mmokalcc Road Partnership to Olde Cypress Development Ltd., a Florida Limited Partnership in addition to name changes throughout deleting reference to the Woodlands. The acres of residential development in the Findings of Fact Section will increase from 133 acres to 152.5 acres. Water management areas will increase from 157.8 acres to 161.7 acres. Map it attached to the Development Order will increase gross project acreage from 500.1 l acres to 528.79 acres, right-of-way will increase from 20.6 acres to 23.8 acres including changes to water management arems as noted. I.anguage has been added to the Historical/Archeological Section to note that no archeological resources have been identified on the lands to be added to the DRI. Rcfercnccs have been deleted referring to the Dcvelopmcnt Services Department throughout the document and replaced with the Planning Services Department. In the 1996 change to the DO in the Wetlands Section, 358 acres is identified as the project preservation requirements. This conflicts with the 176.2 acres of preservation area set forth in the Findings of Fact Section and it has been corrected. In the Transportation Section (8), the development schedule was not identified as an exhibit nor was it attached to the Development Order. This oversight has also been corrected. t~.l IM A _NA PLES~W P~ 1991B 1998152Xtta'~Nolice of Changc'~RESPONSES I 199.din: J) Other miscellaneous changes to the Development Order are struck through and underlined. k) A 2. I acre preserve area is incorporated onto Map H and provisions provided in the Development Order to preserve archaeological resources identified on the Lands to be added. i) the i2.1 acre lake/mortuary presen'e and along the eastern edge of the development will be protected by a 25-foot protective buffer. the buffer area will be maintained in a natural state; should tree removal, tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer, a professional archaeologist be present to monitor these activities. iii) a professional archaeologist will monitor installation of any pipes, drains, or other equipment necessary to construm and/or maintain the three take system. iv) no excavation will be permitted within the +1.4 acre lake4nortuary. v) presen, ation of the lake/mortuary and buffer will be in perpetuity. vi) inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Development Code. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types listed in the Substantial Deviation Char~: Residential The following page is a completed Substantial Deviation Determination chart for Residential lands to be added. Also attached is the 1996 Notice of Change parameters. '~,-DSA _ N A ? L F....~ WI~ 1998\ 19981 ~ 2~d~Notic~ o f Changc'Wd~S PO N S ES I 199. doe 170 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originall>' approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County since the original Woodland's DRI Development Order (DO 86-1 ) was issued on November 6. 1986. The following is a description of the five (5) DO Amendments: Resolution Number 87-96 adopted April 28. 1987. amended Section B(5) la) (7) and 18). Transportation. to clarify responsibilities of Collier County and the developer: amended Section B(5) (b) (4). Transportation Conditions. clarifying and redelining criteria by' which a substantial deviation shall bc determined: Resolution Number 87-207 adopted September 15. 1987, amending Section A(4), findings of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudicatory Commission taken by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990. the date on which the Florida Land and Water Adjudicator3.' Commission issued its Final Order of Dismissal of the appeal. · (3) Resolution Number 94-774 adopted November I, 1994, extended The Woodland's DRI commencement date and the buiidoufftcrmination date by four (4) years. eleven (1 !) months or until October 7, 2000, and October 7. 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. (4) On October 22. 1996, the BCC amended the Development Order with Resolution 96-482 to reduce the number of dwelling units from 1,460 to 1.100 dwelling units and a reduction ofthe commercial use from 200,000 S.F. to 165,000 S.F. and \\HMA_NAPt. ESXW~199~19981 $ 2'~'ld'~loti~ o f Change',RESPONSES 1199.doe z o 1_70 170 -I- o z o o_z z~ (~ ~ 'T (13 o n~ 0 Z 0 ~ Z t~ r~ ocr Ogo o o ..9.000 0 m o o 170 miscellaneous changes to the plan resulting solely fi'om perufitting requirements of the South Florida Water Management District. Also. the Right-of-way ReserYation on the East side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality. transportation. vegetation and wildlife. wetlands. consistency with the comprehensive plan and fire by the deletion thereof. {)n .May 18. 1999, the BCC amended the PUD for Olde Cypress to ~nakc nilnor revisions to the development standards. including setback requirements. and to incorporate mini-storage as a permitted use in the commercial tract. Amendments were not made to the Development Order as acreage and development intensity remained the same. Describe any lands purchased or optioned within 114 mile of the original I)RI site subsequent to the original approval or issuance of the DR! development order. Identify such land, its size, intended use, and adjacent non-project land uses ~¥ithin 1/2 mile nn a project master site plan or other map. RESPONSE: No additional lands have been purchased or optioned by the Applicant within one quarter (1/4) mile of the original DRI site subsequent to the original approval and issuance of the DRI Development Order. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. RESPONSE: The proposed change does not exceed tBrty percent (40%1 (cumulatively with othe~ previous changes} o£ an.,,' of the criteria listed in Paragraph 380.06(19) Florida Statutes. I)o you hclieve this Notification of Change proposes a change which meets the criteria of subparagraph 380.0609)(3)2, Florida Slatutes? Yes No X lO. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dales. RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. 't XqIMA_N^PLESiWPM 991~1998152,.,'ld'..Notice of Change\RESPONSF_~; 119q.doc 11. 12. t3. Ao ao Will the proposed change require an amendment to the local government comprehensive plan7 RESPONSE: The proposed change will not require an amendment to the local comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. RESPONSE: The existing Map It is attached as Exhibit I and the proposed Master Plan. Map H. is attached as Exhibit 2. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order {'Exhibit 8). An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; RESPONSE: See revised legal description attached to Development Order. ',kI-{MA_NAPLE~WPM 998M 998152XtldXlqotic, e ofChang¢~,F-.gPONSES I 199.do<: 170 A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; RESPONSE: No change. A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit densi .ty reduction, or intensity reduction, if applicable; RESPONSE: No change. Proposed amended development order specifications for the annual report, including the date ofsubmission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 {7), F.A.C. RESPONSE: No change. \~JiMA_NAPLESXW~199gX1998152',rld~qotice ofChangcXRESPONSES 1199 doc , , , i1!!~,1,I J~ J!j~l~ ~ :::::::::::::::: ::: ...:.:.:.:.:.:.:.:.:.:.:.:.:.:.. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · ] ~:.:.:.:.:,: '.:,:.:.:.:.:.:.:. · :.:.:.:.:. :.:.:.:.:.:.:.:.:.: -~............ ~ ...,....,. ..:.:.:.:.:.:.:.:.:.:.... .... ~ ..... ?'"' '::~:~:~:~:~:~:~:~:~:~:~:~ ' I , - -'.:.:.:.: ,~ . i ~//~ 11 i{ ~~ ) . . ,,. ~~~ Form ,~0942 08/95 SOUTH FLORIDA WATER MANAGE NT DISTRICT SURFACE WATER MANAGEMENT GENERAL PERMIT NO. 11-01232-S PERMITTEE: IMMOKALEE ROAD PARTNERSHIP 1100 FIFTH AVENUE SOUTH #201 NAPLES, FL 33940 DATE ISSUED: March 12~ 1997 PROJECT DESCRIPTION: MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 11.1 ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS THE WOODLANDS. PROJECT LOCATION: COLLIER COUNTY, SECTION 21TWP 48S RGE 26E This is to notify you of the District's agency action concerning Permit Application No. 970107-2, dated January 7, 1997. This action is taken pursuant to Rule 40E-1.606 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and a Surface · Water Management General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing, 2. the attached Standard Limiting Conditions, 3. the attached 8 Special Conditions, and 4. the attached 3 Exhibit(s). Should you object to these Conditions, please refer to the attached "Notice of Rights' which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a "Notice of Rights"'has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on the 12th day of March, 1997, in accordance with Section 120.60(3), Florida Statutes. Benjamin C. Pratt, P.E. Area Manager - Regulation Ft Myers Service Center Certified Mail No. P 482 208 162 Enclosures x South Florida Water Management District GENERAL PERMIT NOTICE OF RIGHTS Notice o( Rights is intended to inform the recipient o( the administrative and judicial review which rr, a,,,. be evadable a.t ated by section 120.60(3), Florida Statutes. Be advised that although this notice is intended to be comprehen;,ive. the review lures set forth herein have been the subject of judicial construction and interpretation which may aftact the a~ministrative o~. I review available. Recipients are therefore advised to become familiar with Chapters 120 and 373. Florida S~atutes. anC the al Interpretation of the provisions of these chapters. t substantially affected person objects to the staff's recommendation. that person has the right to request ac, aclministrative ,sating on the proposed agency actio~. The substantially affected person may rec~uest either a formal or an informal hcarm~c. set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right lC a hearinG. a substantially affected person believes a g~.nuine i~sue of material fac~ is in dispute. that person may reque-.t a formal hca rin.c ursuant to section 120.57(1). Florida Statutes. by filing a petition not later than: ' a- IFNOTICEOFTHEAPPLICATIONWASPUBLISHEDBYTHEAPPLICANT. withinfourl, een(~4)Caysafter mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen days after receipt of actual notice. 'he request for a section 120.57(1). F.S., formal hearing must comply with the requirements of Rule 40E-I.521. Florice dmlnlstrative Code.a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure to ubstantiall~ comply with the provisions of Rule 40E-1.521, Florida Administrative Code. shall constitute a waiver of the r~gl~t to ; 120.57(1) hearing. If a petition for admini~.trative hearing is not timely filed. the staffs proposed agency will automatically ,ature Into final agency action. f a subst~ntially affected person believes that no issue= of material fact are in dispule, that person may request an informa~ ~,,..artng pursuant to section 120.57(2). F.S.. by filing a petition lot hearing not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days attar mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt o; actual notice. , request for Informal hearing shall be considered as a waiver of the right to request a formal section 120.57 (1), F.S.o hearing. A · equest for a section 120.57(1), F.S., formal hearing not In substantial compliance with the provisions of rule 40E-1.521, F.A.C.. T~y be considered by the District as a request for Informal hearing. If a petition for administrative hearing is not timely filed. the tafi"s proposed agency action will automatically mature into final agency action. Pursuant to section 373.114. Florida Statute-.. a party to the proceeding below may seek review of e Final Order rendered on the -'~.ermlt app[ic4tlon before the Land end Water Adjudicatory Commission, as provided therein. Review under this section is nitiated by filing a request for review with the Land and Water Adjudicstory Commission and serving a copy on the Department Of Environmental Regulation and any person named In the Order within 20 days after rendering of the Distric. J's Order. However. -when the order to be reviewed has statewide or re~tcnal slgnific~nce. es determined by the L~nd and Water AZ~ludicatory Commission within 60 days after receipt of a request for review, the commission may accept a request for review [rom arty affected pemon within 30 days after the rendering of the order. Review under section 373.114. Florida Statutes. is limited solely to a determination of consistency with the provisions and purposes orChapter 373, Florida Statutes. This review is appellate In nature and limited to the record below. A p~rty who is adversely affected by final agency action on the permit application is entitled to judicial review In the District Cou¢[ of A,ope~l pursuant to section 120.68, Florida Statutes, as provided therein. Review under section 120.68. Florid a Statutes in the District Court of Appeal Is Initiated by filing a petition In the appropriate District Court of Appeal In ~ccordance with Florida rule of appellate Procedure 9.110. The I'1otice of Appeal must be filed within 30 days of the final agency action. Section 373.617(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damage~ and Other relief in the circuit court in the ]udicial circuit in which the effected property Is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of {he state's police power constituting a taking without Just compensation. Review of final agency action for the purpose of determining whether the action Is in accordance with existing statutes or rules and based on component substantial evidence shall proceed in'accordance with Chapter 120. Ple, asa be adYised that ey, haustlon of administrative remedies Is generally a prerequisite to appeal to the District Court ot ,~pp~aJ or the r~eklng of Clrcult Court review of final agency action t:)y the District on the permit application. There are. ..... , - -- 4- ,~.- -.,,~-,., ,,~flA,~ r~,.,'~ ~ ~lr~,mmnl. The aoolicant Is advised to consult the case law as to the requirements of 4OE-1.5~1 : initiation of Formal Procee~'~ngs 170 (1} In~Gadon of formal proceed'dngs ,t~afi be made by pad6on to ~, ~s~cL ~e te~ poddon e~ u:od herein include: any 'PP~ca~on of e~e~ d~ent w~ ,~ras~as I ~e~est fo~ fo~ proreadies . Each ped6on ~d ~e p~nt~d. ~eW~cn or o~erw[=e ;~m ~ be d~[e-~paced a~ [~ented. (?J /~ paddons ~ed urnder those rules rhal~ 'l'ha ~ and a4dres= of the D~s~ct and the D~:r~c¢~ ~e or Identifica~on n~m~er, if ~ow~ ~ ~e .~ ~dress o~ ~e pe~oner or pe~ona~: (c} ~ ~on of how .~ch pe~o~ ~ub~n~ ~te~as~ ~ be ~ffec~ed b~ ~e ~s~c~ A ~,tament of when ,~ ~w petitioner rece~ ~dco of ~a ~=~ de~on or intent to re~er a deC:ion; A ~t~en[ of aE ~sp~ed Issue= of ~te~ fa~ ~ ~ere are none. ~e petitioner must so A ~se r~t~ant of ~e ultra fa~ w~ pedronet bc~eve= anode petitioner to ~e rcfief ~ght as well as ~e mits a~ ~ta~e= w~ch ~ppo~ petitioners ~aim for re~ef; (g} A do~ for ~o reftof to ~ch the poddo~r dcc~ ~clf enddeal; a~ (~ O~o~ ~fo~don w~ch ~e peddonc~ como~s [= ~teEa[. Upon receipt of a peddon for fon-na~ proceed'~ngs, the Office of Counsel sl~ review the poddon for commence wi~ ~ubsec~on ~d s~ accept ~ose pe~o~ ~ ~an~d ~a~e ~ere~ ~ch ~e been ~me~ God, w~ch es~b6sh ~t the ~ a ~s~nda~y affected pa~, a~ w~ ~te a ~l~e w~ Is ~n ~ ~on of ~e ~ to resole. If a~epted, s~ das{g~ta ~o pro~ o~cer efta ~~e hea~. ~ ~s~ ~ha~ pro~dy ~e w~en ~dce to a~ ~on ~kon on ~ peddo~ a~ ~ ~t~te wi~ pa~afi~ ~ reasons ~erefor. f~od that doe= not substandby comply ~s~ ~o poddon ~ Io~o to order. If an ~c~ pad,on ~1~ ~ ~s ~o ~' ~t ~ ~ ~e Di~ct ~c~ ~n ~c dcslgna~ed po~o~ ~ght to a procesSrig u~ot ~on 120.57, Ro~a S~os, Is w~. peddon ~ ~cd, ~ the co~ent of ~ pa~es a~ upon a ~ of go~ ~use, Board acton on ~e paddon pursuant · ~ be w~ed. 'Go~ ~usa' ~ mean a ~at of ~r~ta~es unforeseen a~ ~de of ~e con~o[ of the wa~er. pe~on for ad~s~a~a hea~ ~ been ~ed, ~e ~a~ a~on ~ defer co~de~adon of ~e ~cc peking ~a~e hc~ng a~ ~ ~ of a recycled o~er, a~ e~ excepdo~ to ~t o~ct. de~g~tcs a Hca~ O~cer ~g~d ~ ~e D~on of Ad~~e Hea~ as ~a p~esi~ng office, ~e ~s~ct 20.53, 373.0~, ~73.113 F.S. ~w ~omcntcd 120.S3(1}, 120.57, 373.1 ~ 2 F.~. ~sto~- now 9-3-81, fo~o~y STANDARD LIMITING CONDITIONS 170 THE PERMIlTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, ~;UTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." PARA~ETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302,F.A.C. IF WATERQUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ONVOLUMES OF WATERDISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYSOF S~4PLINGAND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THIS PERMIT SHALL NOT RELIEVE lHE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALLREQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTEDBY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BESUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARClt, 1994." ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - )4ARCH, 1994." 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAI; THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. ]0. THE PERMITlEE SHALL )(OLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENAI;CE OR USE OF ANY FACILITY AUTHORIZED BY TIlE PERMIt. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THECOMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETEDSURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEETO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE/TO MODIFY THE SURFACE WATER MANAGEMENTSYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE. 170 13.WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, TIlE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING OI;E YEAR AFIER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMEIii SYSTEM, THE PERMI1-TEE OR ALFTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFOP, HANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT).THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS,LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMEI~T FACILITIES.ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND 40E-4.351, F.A.C. 16. A PROP, ATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. 17. A STABLE, PERMANENT MiD ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18.IT IS THE RESPONSIBILITY OF THE PERMI1-TEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A WATER USE PEP, MIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20.302(4), F.A.C. 2 . MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 3 . THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED IllTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 4 .FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT All APPROVED MODIFICATION OF THIS PERMIT. 5 . ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01232-S RFJ~AIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. 6 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF WOODLANDS HOME OWNERS ASSOCIATION. 7 . ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FORTHE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. COMPLETION DATE ACTIVITY MARCH 30, 1997 OCTOBER 1, 1997 MAY 1, 1998 MAY 15, 1998 JUNE 15, 1998 NOVEMBER 1, 1998 NOVEMBER 1, 1999 NOVEMBER 1, 2000 NOVEMBER1, 2001 NOVEMBER1, 2002 NOVEMBER1, 2003 SUBMIT CONSERVATION EASEMENT DOCUMENTS BASELINE MONITORING REPORT EXOTIC VEGETATION REMOVAL EXCAVATION AND GRADING MITIGATION AREA PLANTING MITIGATION AREA TIME ZERO MONITORING REPORT FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORINGSREPORT FOURTH MONITORING REPORT FIFTH MONITORING REPORT SPECIAL CONDITIONS 11.5' NGVD. 12.27' NGVD. 11.5' NGVD / DRY SEASON: 11.5' NGVD. 8 . DISCHARGE FACILITIES: BASIN-1A: 1-0.5' DIA. ORIFICE WITH INVERT AT ELEV: 13.0' NGVD. 1-7~5' WIDE SHARP CRESTED WEIR WITH CREST ELEV: 13.95' NGVD. 440 LF OF 3.0' DIA. RCP CULVERT. RECEIVING BODY: WATERSHED-1 (BASIN-I). CONTROL ELEV: 13.0' NGVD / DRY SEASON: 13.0' NGVD. BASIN-l: 28-0.31' DIA. ORIFICE(S) WITH INVERT(S) AT ELEV: 2-0.56' DIA. ORIFICE(S) WITH INVERT(S) AT ELEV: 50 LF OF 3.0' DIA. RCP CULVERT. RECEIVING BODY: CR-846 CANAL. CONTROL ELEV: 170 7g ~.. LOCATION MAP T Z/8~ uJ i(THE p ..j l tu 81 ~0 ~ ~ I . ~ I PROPOS UNDEVELOPED I i ~ , ~CURRENT t ~E LO RME N' ~ ~ ~ m ~ HORTICULTURAL ~ ~ ~ ~~ ' NURSERY O - -- -- ~ AND ~ O 22' ~ ~ EXISTING -- > SINGLE FAMILY EXISTING AREA I k I SINGLE FAMILY 75% AG. 29 28, 50% UNDEV. ~UNDEV. 'HOLE, MONTES &'ASSOC. i i ii i THE WOODLANDS PERMIT SUMMARY SHEET 170 APPLICATION NUMBER: 970107-2 PERMIT M6DIFICATION NO.: 11-01232-S LOCATION: COLLIER COUNTY, S21/T48S/R26E OWNER: IMMOKALEE ROAD PARTNERSHIP ENGINEER: HOLE, MONTES & ASSOCIATES, INC. PROJECT AREA: 11.]0 ACRES DI~,AINAGE AREA: PROJECT USE: RESIDENTIAL 11.10 ACRES FACILITIES: 1. EXISTING: The Woodlands is located in north Collier County, bounded by undeveloped lands to the north and east, residential lands to the west {Longshore Lake) and the Cocohatchee Canal to the south. The project was granted Conceptual Approval on August 11, lg94, Permit No. 11-01232-S, and later modified for Construction and Operation of the multi-basin SWM system serving the residential development. The proposed modifications are located within the previously permitted WATERSHED-1 & 1A basins. The residential development discharges to the Cocohatchee Canal via a single control structure with a maximum discharge rate of 12.82 cfs. 2. PROPOSED: Plan sheets 2-7 of 7 by Hole, Montes & Associates, signed and sealed by July C. Adarmes, P.E. on February 13, 1997 are incorporated by reference into this General Permit modification and will be retained in the permit file. The applicant proposes minor reconfiguration of lands within the previously permitted basins (WATERSHED-1 & 1A only) and modifications to the previously permitted WATERSHED-1 & 1A control structures. The modified WATERSHED-1A control structure will include 1-0.5' diameter circular orifice with invert at the basin control elevation of 13.0' NGVD and 1-7.5' wide sharp crested weir with crest elevation at 13.95' NGVD. The structure discharges to Watershed-1 {Basin-I). The modified WATERSHED-1 control structure will include 28-0.31' diameter circular orifice(s) with inverts set at the basin control elevation of 11.5' NGVD, 2-0.56' diameter circular orifice{s) with inverts set at 12.27' NGVD and 50 If of 3.0' ~iameter RCP outfall culvert. The structure will continue to discharge to the CR-846 Exhibit THE WOODLANDS PERMIT SUMMARY SHEET 170 canal. The proposed modifications result in a decrease in the project discharge rate, from 12.82 cfs to 12.73 cfs. No additional modifications to the WATERSHED-1 & 1A SWM systems are proposed at this time. PROJECT LEVEL: DRAINAGE BASIN: COCOHATCHEE RIVER BASIN RECEIVING BODY: CR-846 CANAL WATER QUALITY: Water quality, l" over the site, is provided. Adverse impacts are not expected. ENVIRONMENTAL ASSESSMENT: PROJECT SITE DESCRIPTION: The proposed modification involves approximately 11.1 acres of pine flatwood uplands. The development includes wetland areas that are located outside the limits of this modification. EXISTING ON SITE UPLAND COMMUNITIES: ID TOTAL BIOLOGICAL COMMUNITY NO ACREAGE CONDITION TYPE COMMUNITY ACREAGE 11.10 GOOD PINE FLATWOODS TOTAL ON SITE UPLAND ACREAGE: 11.10 ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCEPJ, I: POTENTIAL USE POTENTIAL SPECIES TYPE OCCURANCE BIG CYPRESS FOX SQUIRREL FORAGING OBSERVED 11.1o Exhibit ~> Oo TIlE WOODLANDS PERMIT SUMMARY SHEET ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The original permit required the preservation of 6.5 acres of Big Cypress Fox Squirrel habitat. The approximate locations of the preserve areas were indicated, however, the notes indicated these areas were preliminary and subject to field modification based on the final golf course configuration and pine tree distributions. Although the proposed fox squirrel preserve areas have been relocated as part of this modification, the total preserve area remains 6.5 acres. The final location of these preserve areas is still subject to the previously referenced conditions. APPLICABLE LAND USE: TOTAL ACREAGE includes all previously permitted lands to be reconfigured with this permit modification. OTHER contains 40.37 acres of offsite lands served by the WATERSHED-1SWM system. TOTAL PREVIOUSLY PROJECT PERMITTED THIS PHASE TOTAL ACRES 248.66 248.66 11.10 acres WlRM ACREAGE 33.80 33.80 .00 acres PAVEMENT 32.40 31.90 .50 acres BUILD COVERAGE 95.40 88.40 7.00 acres OTHER 40.37 40.37 .00 acres DIVISIONAL APPROVAL: SURFACE WATEB HANAGEMENT NATURAL ,RESOURCE/~ANA~GEMENT DATE: Exhibit