Resolution 1991-005/DO 91-1
RESOLUTION NO. 9l-~
DEVELOPMElIT ORDER NO. 9l--L
A RESOLUTIOll !\MEllDIlIG DEVELOPMElIT ORDER
NUMBER 85-3, AS !\MENDED, BY !\MEllDING THE
MASTER LAND USE PLAN FOR THAT PORTIOlI OF
LELY, A RESORT COMMUllITY, (EXHIBIT "H"),
AND IlISERTING A REVISED MASTER PLAN AS
EXHIBIT "H-l".
JANUARY 8. 1991
WHEREAS, the applicant, Wilson, Miller, Barton and Peek,
Inc., agent for Lely, a Resort Community, petitioned the
Board of County Commissioners to amend Development Order
Huaber 85-3, as previously amended by Resolution Number
85-249, by amending the Master Development Plan, which is
incorporated within the previously approved Development
Order, as amended; and
WHEREAS, the Board of County Commissioners has
deterained that the changes on the revised Master Plan do not
constitute a substantial deviation according to Section
380.06 (19), FI~rida statutes, based on the findings that the
proposed changes are internal in nature and do not meet or
exceed any of the criteria as set forth in Section 380.06
(19)(b) 1-18, Florida statutes.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The Master Development Plan of the Lely, A Resort
Community Development Order Number 85-3, as previously
aaended, depicted on Exhibit "H" attached hereto, is hereby
aaended and modified as shown on Exhibit "H-l" attached
hereto and incorporated by reference herein, subject to staff
stipulations as noted on Exhibit "H-2" attached hereto.
BE IT FURTHER RESOLVED that this Resolution be recorded
in the minutes of this Board.
Commis.ioner
Shanahan
offered the
foregoing Resolution and moved for its adoption, seconded by
. OOOpAr.E 55
-1-
eo.aissioner
JANUARY 8, 1991
and upon roll call, the
Hasse
vote was:
AYES: Commissioner Shanahan, Commissioner Hasse, Commissioner Volpe,
Commissioner Saunders, and Commissioner Goodnight
NAYS:
ABSENT AND NOT VOTING:
ABSTEIlTION:
Done this 8th
January
day of
, 1991.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
.
::J~;J Or
..... "-ATl'EST:.. /:-
.JAKES Co'(GI:ES,
CLERK
c....,
r. .
...:
~
- .
~.
~
LEGAL SUFFICIENCY:
OOA-90-7 Resolution
nb/4834
. 000 p~GE 56
-2-
..
~
m~"'/..I..,
m C....'.'.IIC.~~..II,
m c..."".II1,.r...,...1
[IDi c....,t..II.."hH....
m:["... C./l.,.
.mlC.lh"ICut.,
ill] ~""" c..',..
$'.1('......
.c......."../O".S,...
c".... ,,.......
[!II.,...,.....,
t::::)L...
~k'I" c.rr..I..
;~",..,C.ll..I...
....:....l...I...'
~A....f.
:1 :.....,
-..-:-:.::..--.......
--::-::..:.: ----
l~lf
A Resort
JANUARY 8, 1991
01
SEE H.l
...
'."', '
,. 'H. '"'lfOi1.'....
V~'..
. 000 P~GE
Community
~a.te. land U.e PI.n'~'~lblt H
..1......'1.. ...... t.I" '..\.1... .t th
r.,....... ,,.......' l... t..... ........, ". , !...~. ....'1 .".
-...-----.--....-
,.
..
l'~,"1
ill 1..1'..11.,
[!IJ l""""/C'~""I;.
m """"/""""1...1
[In C'~...r'I.,,..I.",,.,,.
rn tit... c.II",
~ C.lhr.l C.~'I.;
~.'''dC..I.,..
.$'.IIC..,.....,
~,:..r..tl.~/O,..
t!j,,,.. ,,....r..
l!!J '.,."...., '
&:::7L...
J:tI!I K.I'~ C.Il..I.,
-1'l1..re.II..I.,
_L...I....
GJ ."tI,.
--=-~---
--==:'.::.-:--.-
blY'
JANUARY 8, 1991
-
'-:
.-
c.
...
~;..:::"~..."...
.. - -
-"
. 000 PAr,~ 5S
JII..I.... '.lS.'O: Nttl" .".
....... _.& .. -
--..I "_.0,__ 1:',,1.11.,1.
u .
,0
....,
JANUARY 8, 1991
AGREEMEIlT
I, Alan D. Reynolds, of Wilson, Miller, Barton & Peek,
Inc. representing Eagle Consolidated Inc. and Flamingo
Investments Southwest Inc" for Petition DOA-90-7, agree to the
folloving stipulations requested by the Collier County Planning
Co.mission in their public hearing on December 20, 1990,
1. Major access road alignments shall be modified to provide
a 200 ft. butter around cavity tree 4 (roadway shall be
aoved due south to avoid severance of documented foraging
habitat for the bird using this tree), a 100 ft. buffer
around cavity tree 8, and the roadway shall be moved east
to avoid cavity tree 9.
2. Residential development, including internal roadways as
indicated in the Master Plan, shall not be approved until
the applicant has provided an on-site red-cockaded
woodpecker foraging habitat preservation and habitat
management plan to Collier County and the Southwest
Florida Regional Planning Council. This plan shall be
reviewed by the Game and Fresh Water Fish Commission prior
to plat approval; the Commission will forward its
recommendations to Collier County.
3. The applicant shall determine the loss of red-cockaded
woodpecker foraging habitat as a result of the proposed
golf course and golf Course clubhouse plat and shall
provide for on-site compensation and a habitat management
plan prior to plat approval, This habitat
preservation/management proposal sh.ll be reviewed by the
Florida Game and Fresh Water Fish Commission and
recommendations made to Collier County and the Southwest
Florida Regional Planning Council.
4. The applicant shall determine the loss of red-cockaded
woodpecker foraging habitat as a result of the proposed
major access roadways and shall provide for on-site
compensation prior to plat approval. Roadways shall be
realigned as indicated in number 2 above. The location of
a proposed dead-end CUl-de-sac terminating 200 ft. from
tho active cavity tree 4 shall be subject to additional
review by the Office of Environmental Services prior to
plat approval. The habitat preservation/management
proposal shall be reviewed by the Florida Game and Fresh
Water Fish Commission and recommendations made to Collier
County and the Southwest Florida Regional Planning
Council.
NOTE: Conditions 1-4 may be superseded in the event that a
habitat management plan relating to the red-cockaded
woodpeckers on site is accepted by Florida Game and Fresh
Water Fish Commission and subsequently, Collier County
environmental staff.
Exhibit "H-2"
-1-
. 000 P~r.E 59
JANUARY 8, 1991
5. OOA approval does not absolve the applicant from supplying
necessary information as required for subsequent
construction plan/site plan approval (i,e. wildlife
surveys, etc.) or from previous environmental comments of
the approved DRI development order.
~g~~\~~T
SWORN TO AND
~Ffu:.:~
.>,:.,~. . 0, ':"'~ ",
.,... .
1.'/ to: O. .' ~
-.
~~:\'~;; "=$-
" .;.S~~ -.....~..
'. " .." .... ~ .
SUBSCRIBED BEFORE ME THIS
, 1991.
/~
DAY
~~,,_.[Ii CLA7_ "'''__'/
NO ARY
1II)1AaT 'WlIC sun rK rl~IC.
MY C~JSSrON EXP. ~'.1).19?4
IQIC;(O 1>IlU 1;['0"1. IllS. UIlO.
\JuL/
REPRESENTATIve FOR Cfpc
MY CoMMISSION EXPIRES:
OF
SWORN TO AND
~8-1.
Lr,~D y~_
N~/ARY
SUBSCRIBED BEFORE ME THIS
o<o'7:!.
DAY
, 1990.
.......
SEAL
MY COMMI SION EXPIRES:
WJfrNIYllUIUC ITA It a JU'IIIOA
,., CCtt1IsIIcN DIP ..... 22.' W2
llOitltll !MIl lIlEAA.lOl!.lICl.
DOA-90-7 AGREEMENT SHEET
-.1
. O{J(JrAGE 60
-2-