Resolution 1995-071 DO 95-1
RESOLUTION NO. 95- 71
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DEVELOPMENT ORDER 95-1
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR
PELICAN MARSH COMMUNITY LOCATED IN SECTIONS
25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
WHEREAS, weN Communities, Inc., (herein "WeN") filed cn
November 30, 1993, with the County of Collier an Application fer
Development Approval (ADA) of a Development of Regional Impact
(DRI) known as Pelican Marsh Community in accordance with
Subsection 380.06(6) I Florida Statutes; and
WHEREAS, weN has obtained all necessary appro'/als from Collier
County agencies, departments, and boards required as a condition to
Planned Unit Development (PUD) zoning and DRI approval; and
WHEREAS, the Board of County Commissioners as the governing
body of the unincorporated area of Collier County having
jurisdiction pursuant to Section 380.06, Florida Statutes, is
authorized and empowered to consider Applications for Development
Approval (ADA) for Developments of Regional Impact; and
WHEREAS, the public notice requirements of Chapter 380 and the
Collier County Zoning Ordinance 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 January 5, 1995; and
WHEREAS, the Board of County Commissioners has passed
Ordinance 95-~ on January 24, 1995, which rezoned the subject
property to PUD; 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
the Board of
County
on January 24,
1995,
WHEREAS,
Commissioners, at an open public hearing in accordance with Section
380.06, Florida Statutes, having considered the application for
Development of Regional Impact submitted by WCN; 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, (l989).
3. The applicant submitted to the County an ADA and
sufficiency responses, hereby referred to as composite Exhibit "B",
which by reference thereto are made a part hereof to the extent
that they are not inconsistent with the terms and conditions of
this Order.
4. The appl icant proposes the development of the Pelican
Marsh Community consisting of 2,075 acres, which includes: 50
acres of retail commercial uses which will encompass 575,000 square
feet of gross floor area (GFA); 20 acres of office commercial which
will encompass 350,000 square feet of GFA, including 100,000 square
feet of medical office use; 280 hotel rooms; 5,600 residential
dwelling units; and an 80,000 square foot Cultural Center
(Attraction Facility) with 750 seats and 400 parking spaces;
multiple golf courses; and 294 acres of conservation area, (some of
which is within a FP&L easement), 59 acres of open space, which
includes 20 acres of parks (some of which is also located in the
FP&L easement)
5. The development is
recommendations of the SHFRPC
380.06(12), Florida Statutps.
consistent with the report and
submitted pursuant to Subsection
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
Critical State Concern pursuant to the provisions of Section
380.05, Florida Statutes, as amended.
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9. The development is consistent with the current land
development regulations and the Growth Management Plan of Collier
County, as amended.
10. The
development
is
consistent
with
the
State
Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of Count.y
Commissioners of Collier County, Florida, in public meeting, duly
constituted and assembled on this, the 24th day of January., 1995,
that the Pelican Marsh Community Application for Developme~t
Approval submitted by weN is hereby ordered approved, subject to
the following conditions:
1 . ENERGY
The Pelican Marsh Community Development of Regional
Impact will incorporate the following energy conservation
features:
A. Provision of a combination bicycle/pedestrian
system connecting all major land uses, to be placed
along collector roads within the project.
This
system will be consistent with local government
requirements.
B. Provision of bicycle racks or storage facilities i~
recreational and commercial areas.
C. Cooperation in the locating of bus stops, shel ters,
and other passenger and system accommodations for a
tra~sit system to serve the project area.
D. Applicant shall encourage builders:
(1) to use energy-efficient features in window
design;
(2) to use operable windows and ceiling fans; and
(3) to install energy-efficient appliances ancI
equipment.
E.
Creation of deed restrictions, covenants,
and
design guidelines that would encourage energy
conservation efforts.
F. Reduced coverage by asphal t, concrete, rock I and
similar substances in streets, parking lots, and
other areas to reduce local air temperatures and
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reflected light and heat.
Installation of energy-efficient
lighting for
G.
streets, parking areas, recreation areas, and other
interior and exterior public areas.
H. 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).
Selection of native plants,
1.
trees, and other
vegetation and landscape design features that
reduce
requirements
for
water,
fertilizer,
maintenance, and other needs.
Planting
of
J.
native
shade
to
provide
trees
reasonable shade for all recreation areas, streets,
and parking areas.
K. Placement of trees to provide needed shade in the
warmer months while not overly reducing the
benefits of sunlight in the cooler months.
L. Orientation of structures, as possible, to reduce
solar heat gain by walls and to utilize the natural
cooling effects of the wind.
M. provision for structural shading wherever practical
when natural shading cannot be used effectively.
N. Encourage builders to include porch/patio areas in
residential units.
O. 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. HISTORICAL/ARCHAEOLOGICAL
A. Any excavation, de-mucking or invasive activities
involving the small wetland immediately west of
site 8Cr706 (SFWMD wetland #12) shall be monitored
on-site by a certified, professional archaeologist.
The purpose of this activity will be to verify that
no human burials are contained within the adjacent
wetland.
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B. During monitoring, should construction activities
at any time uncover human remains, these activities
shall cease and the State Archaeologist shall be
notified at once pursuant to the requirements of
Chapter 872, Florida Statutes.
3. HOUSING
A. In accordance with the methodology approved by
Collier County, Southwest Florida Regional Planning
Council, and the Florida Department of Community
Affairs, weI has conducted an analysis of
affordable housing impacts associated with the
Pelican Marsh Community, which concludes that there
is and will be an adequate supply of affordable
housing proximate to the project to meet the
demands created by the project throughout the life
of the project. Notwithstanding the results of
this analysis, WC! shall contribute S50,000 (Funds)
to the First-Time Homebuyer Closing Cost Assistance
Program being administered by the Collier County
Department of Housing and Urban Improvement
(CCDHUI) This contribution shall be exclusively
used to provide interest free deferred payment
assistance to qualifying homebuyers for eicher
closing costs or down payments associated with
their purchase loan. Applicants must be first time
homebuyers employed by any business located within
the Pelican Marsh Community, including WCI.
Applicants must meet all of the guidelines of the
program such as, but not limited to, income
limitations and repayment obligations. These funds
shall be administered by the CCDHUI for the sole
purpose stated above. Funds '""ill be held by WCI
and disbursed as needed at the time of approval of
each applicant. Funds that are subsequently
reimbursed upon sale or refinancing of the home
shall be paid directly to the CCDHUI or to an
appropriate not-far-profit entity selected by
CCDHUI. Should Collier County adopt it
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proportionate share funding mechanism to mitig~te
development related affordable housing impacts,
this contribution shall be credited toward any
obligations
otherwise
imposed
on
weT,
successors and assigns, as a result of development
in the Pelican Marsh Community project.
contribution shall also be deemed to satisfy Wel's
entire obligation relating to affordable housing.
4. HURRICANE EVACUATION/FLOODPLAINS
A. The applicant shall construct on-site clubhouses,
or other structures (to be phased with the overall
development plan) for the purpose of providing
hurricane shelter space to development residents.
B. The portion of the clubhouses, or other structures,
utilized as a hurricane shelter shall have at least
39,000 square feet of usable floor space at project
buildout,
as determined by the applicant ir.
conjunction with the Collier County Office of
Emergency Management.
C. The portion of the on-site clubhouses, or other
structures, utilized as hurricane shelter space
shall be constructed at, or above, an elevation of
14.8 feet, NGVD.
D. The on- si te hurricane shel ter space shall be
constructed to withstand 140 mph wind and contaill
emergency facilities including: an adequate food
and water supply, power generation, communications.
sanitary
facilities
and
first
aid
equipment
pursuant to the standards established by th(3
applicable agency. The portion of the clubhouses,
or other structures, utilized as shelter space
shall have storm shutters to protect exposed glass.
E. The applicant, or The Foundation of Pelican Marsh
(property
association)
shall
annually
owners
distribute to all residents Collier County's
"Hurricane Information II document, which provides
information on the need for residents to evacuate,
preparations
for
approaching
storm,
an
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its
This
and
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hurricane evacuation routes,
should residents
desire to leave the development.
F. The hotel management shall distribute Collier
County's "Hurricane Information" document in the
event of a hurricane emergency.
At a minimum,
hotel management shall recommend early evacuation
for all rooms at elevations below 14.8 feet NGVD.
Hotel management shall:
(1) evacuate all guests;
(2) provide shelter space for evacuated guests in
upper floor interior hallways and unoccupied
rooms not exposed to direct wind impact; or
(3) direct guests to shelters in the project.
G. The applicant shall meet with the Collier County
Office of Emergency Management, as appropriate, to
coordinate the use of any excess shelter space (if
available) by the general public.
H. All deeds to property located within the Pelican
Marsh
Community
shall
be
accompanied
by
disclosure statement in the form of a covenant:
stating that the property is located in a hurricane
vulnerability zone, that the hurricane evacuation
clearance time for Collier County or the Southwest
Florida Region is high, and/or hurricane shelter
spaces are limited.
I. All units will be required to have finished first
floor elevations at or abo'/e 11.0 feet due to SFWf'.m
and FEMA requirements for water management and
flood control. This elevation requirement results
in the units being above 11.0 feet, the minimum
Category 3 Flood Zone according to SLOSH, which
enables them to qualify for vertical evacuation
under the Special Hurricane Preparedness District
in Rule 9J-2.0256, Florida Administrative Code.
J. All commitments made by the applicant within the
ADA and subsequent sufficiency round information,
related to Question 16 (Floodplains) and Question
23 (Hurricane Preparedness), and not in conflict
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recommendations,
shall - be
with
the
above
incorporated
into
the
development
order
as
conditions for approval.
5. VEGETATION AND WILDLIFE/WETLANDS
A. If all mitigation credits permitted within thp-
Cocohatchee Strand Mitigation Bank are depleted to
offset
wetland
impacts
within
the
SFWMD
jurisdictional areas mitigation activities for
wetland impacts shall be performed elsewhere (e.g.
off-sitel
Off-site
mitigation
is
on
or
recommended, but not required to be a single
contiguous parcel located in the south (belcw
Alligator Alley) Belle Meade area, within or
adjacent to the Corkscrew Regional Ecosystem
Watershed ConserEation and Recreational Lands
project boundary, or within an approved wetland
mitigation bank.
B. As an alternative to "A" above, the applicant may
increase the on-site wetland preserve to meet the
avoidance and wetlands impact reduction criteria of
the wetland regulatory agencies. On-site preserves
are recommended to be connected so that a large
contiguous habitat preserve is established. These
mitigation activities may be subject to review
through a Notice of Change process pursuant to
Subsection 380.06(19), Florida Statutes.
C. All reserve areas shall be designated as preserve
and protected by appropriate restrictive easements,
deed restrictions 3nd covenants, or designation as
preservation tracts.
D.
Major recreational
facilities such as tennis
courts, barbecues, gazebos, recreational shelters,
swimming pools,
recreation centers,
restrooms,
shuffleboard courts, etc. shall be prohibited by
the referenced restrictive easementB or deed
restrictions in preserve areas.
E. The Xeric Scrub Preserve area shall be protected
from landscape irrigation on adjacent areas, such
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as the golf course.
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F. Impacts to gopher tortoises shall be minimized -by
relocating all tortoises to locations within the
golf course and associated open space areas, or to
the Xeric Scrub Preserve area.
G. All commitments made by the applicant, within the
ADA and subsequent sufficiency round information,
related to Questions 12 and 13 (Vegetation and
Wetlands), and not in conflict with the above
recommendations,
shall
be
incorporated
conditions for approval.
H. Remove and relocate on-site listed plant species :0
the extent practicable during construction.
6. SOLID/HAZARDOUS/MEDICAL WASTE
A. Any business located within the Pelican Marsh
Development, which generates hazardous waste (as
defined by Florida Statutes, Subsection 403.703 (21)
and Rule 17-730.030, Florida Administrative Code).
shall be responsible for the temporary storage,
siting and proper disposal of the hazardous waste
generated by such businesses. However, there shall
be no siting of hazardous waste storage facilities
contrary to Collier County Zoning Regulations.
B. Areas within buildings where hazardous materials or
waste are to be used, displayed, handled, generated
or stored shall be constructed with impervicus
floors, with adequate floor drains leading to
separate impervious holding facilities which are
adequate to contain and safely facilitate cleanup
of any spill, leakage, or contaminated water.
C. There shall be no outside storage of bio hazardous
or medical waste.
D. The applicant shall ensure that a contractor is
available to provide maintenance of grease trap
systems associated with restaurants and food
establishments.
E. Hotel pools using gaseous chlorine shall be
equipped with chemical sensors or alarm devices.
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as
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Facilities
under
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the Superfund
F.
qualifying
Amendments Reauthorization Acts (SARA) Title III of
1986, and the Florida Hazardous Materials Emerger.cy
Response and Community Right to Know Act of 19E5,
shall
file
hazardous
material
reporting
applications in accordance with applicable state
and federal regulations.
Applications shall be
updated annually by each reporting facility.
G. No facilities are needed for handling, generation
and/or emergencies other than normally associated
with medical offices as a permitted use in the
office district.
If any such use does exist, it
shall abide by all applicable federal, state and
local requirements.
7. STORMWATER MANAGEMENT
A. The portion of the Master Surface Water Management
System for those portions of the Pelican Marsh
Community west of Airport-Pulling Road have been
previously permitted by the South Florida Water
Management
District.
That
portion
of
the
development located east of Airport-Pulling Road
does not yet have an approved Water Management
Plan.
Prior to the issuance of a surface wat~r
management permit for the area east of Airport-
Pulling Road, the applicant shall resolve, to the
satisfaction of South Florida Water Manageme~t
District and Collier County staffs, issues relat~d
to wetland jurisdictional delineations, impacts I)f
development to wetland areas,
submittal of a
mitigation
plan
for
wetland
impacts,
a::1d
verification that proposed control elevations a~d
final development plans are in compliance w::.:.h
wetlands protection pursuant to SFWMD criteria.
B. The development shall require a South Florida Wat':r
Management District water use permit for a::1y
proposed dewatering activities, associated with the
construction of project lakes and/or road or
building
foundations,
which
have
not
be-en
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previously approved by the District.
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C. At the time of permit application for the area east
of Airport-Pulling Road,
the applicant shall
provide
floodplain mitigation proposal
to
a
District staff, for any portion of the remaining
development
whe re
floodplain
encroachment
is
proposed.
the
time
of
construction
At
SFWMD
permit
D.
application for the area east of Airport-Pulling
applicant
Road,
the
shall
provide
detailed
stage/storage calculations to District staff.
the
time
of
construction
permit
E.
At
SFWMD
application for the area east of Airport-Pulling
Road,
the
applicant
shall
be
required
to
demonstrate to the staffs of the South Florida
Water Management District and Collier County that
proposed control elevations of water management
adjacent
to wetlands
provide
adequate
areas
hydroperiods to ensure continued environmental
health of on-site wetlands, pursuant to SFWMD
criteria.
F. At the time of permit application for the area east
of Airport-Pulling Road,
the applicant shall
demonstrate that the capacity of the proposed
receiving bodies (the Airport Road Canal and th-=
Immokalee Road Canal) are sufficient to accommodate
the proposed discharge volumes.
G. Pretreatment of the first 1/2 inch of runoff shall
be required for all commercial areas within the
Pelican Marsh Community, unless the applicant
provides reasonable assurances
that hazardous
materials will not be generated, used, or stored
within such areas.
H. The post -development stormwater management system
shall
provide
limitation
for
of
the
post-
development peak discharge rate to the outfalls at
a rate equal to, or less than, the pre-development
rate for the 25-year, 3-day storm event.
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T. Elevations corresponding to a lOO-year flood shall
be used to set minimum building elevations on the
site, taking into account the backwater elevations
along the various on-site flowways.
J. Best management practices for water quality shall
be included on construction plans for development
and shall be submitted to Collier County and the
South Florida Kater Management District for review
and approval.
K.
All
internal stormwater management lakes and
ditches shall be included in recorded drainage
easements. Stormwater lakes shall include adequate
maintenance easements around the lakes, with access
to a paved roadway.
L. During construction activities, the applicant shall
employ best management practices for erosion and
sedimentation control.
These practices shall be
included with, or presented on, all construction
plans, and should be subject to approval by the
appropriate agencies prior to their implementation.
M. Any construction period 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
them
removed
upon
completion
construction.
N.
Any
shoreline
banks
created
along
on-site
stormwater lakes or wet detention areas shall
include littoral zones constructed as required by
District permitting criteria and shall be planted
in
native
emergent
submergent
aquatic
or
vegetation.
The applicant shall ensure,
supplemental replanting if necessary, that at least
80%
by
native
aquatic
cover
',regetation
established within the littoral zone for the
duration of the project, unless an alternative is
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permitted by SFHMD.
O. The applicant, its successors or assigns shall
conduct annual inspections of the stormwater
management systems within the Pelican Marsh
Community in order to ensure that the systems are
being maintained in keeping with the final approved
design, and that the systems are capable of
accomplishing the level of stormwater storage and
treatment for which they were intended.
P. The applicant shall design the proposed surface
water management systems in a manner that avoids
impacting plant and/or animal species listed by the
u.s. Fish nnd Wildlife Service or the Florida Game
and Fresh Water Fish Commission. Where such
impacts are not avoidable, the applicant shall
provide mitigation which satisfies the requirements
of the South Florida Water Management District and
Collier County.
Q. The applicants, its successors or assigns, shall
undertake a regularly scheduled vacuum sweeping of
all common str8ets and parking areas within the
commercial portions of the development. The
applicant shal:' encourage private parcel owners
within the development to institute regularly
scheduled vacuum sweeping of their resp~ctive
streets and/or parking areas.
R. The applicant shall participate in any ongoing or
future efforts by Collier County to establish a
countywide stormwater management system.
S. Ditch and swale slopes shall be designed tc
minimize discharges so that these facilities may
provide some additional water quality treatment
prior to discharge. Treatment swales shall be
planted with grass and/or appropriate native
vegetation.
T. 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:
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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 should be repaired immediately.
U. Underdrain systems and grease baffles in commercial
areas shall be inspected and cleaned and/or
repaired on a regular basis.
In no instance shall
the period between such inspections exceed eighteeu
months.
v.
Stormwater
Management
System
maintenance
requirements shall include eradication of mosquito
productive nuisance plant species (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 systems.
W. To the extent consistent with applicable stormwater
management system and environmental regulations,
any isolated wading bird "pools" constructed in
lake littoral zones shall be excavated to a depth
which provides aquatic habitat for mosquito larvae
predators, such as Gambusia affinis.
X. All commitments made by the applicant with the ADA,
and subsequent sufficiency round information,
related to Question 14 (Water) and Question 19
(Stormwater Management), and not in conflict with
the above recommendations, shall be incorporated in
the Collier County Development Order as conditions
for approval.
8. TRANSPORTATION
A. The applicant, its successors or assigns shall be
fully responsible for site-related roadway and
intersection improvements required within the
Pelican Marsh Community DRI.
The applicant shall
be required to pay its proportionate share of the
cost for any intersection improvements (including
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12C 1
but not limited to signalization, turn lanes, ind
additional side street or driveway through lanes)
found to be necessary by Collier County or the
Florida Department of Transportation (FOOT) for the
project's access intersections onto U.S. 41,
Vanderbilt Beach Road including its Extension,
Airport-Pulling Road, lmmokalee Road and Livingston
Road.
Access to Goodlette-Frank Road will be
limited to maintenance access only.
The site
access points shall be located and developed
consistent with FDOT's and Collier County's access
management standards and permit requirements,
unless otherwise approved by the Florida Department
of Transportation and/or Collier County.
B. The following roadways and intersections are
projected to be significantly impacted by the
Pelican Marsh Community {5% of LOS D, peak hour-
peak season} and are forecasted to fall below the
adopted level of service standard prior to project
build-out.
ill ROADWAYS
1) Airport-Pulling Road
-North Community Entrance to South
Community Entrance
-South Community Entrance to Vanderbilt Beach
Road
-Vanderbilt Beach Road to Pine Ridge Road
-Pine Ridge Road to Golden Gate Parkway
2) Goodlette-Frank Road
-Pine Ridge Road to Solana Road
-Solana Road to Golden Gate Parkway
3) Immokalee Road
-U.S, 41 to Goodlette-Frank Road
-Goodlette-Frank Road to Airport-Pulling Road
-Livingston Road to 1-75
4) U.S. 41
-Old U.S. 41 to 1mmokalee Road
liJJ.
INTERSECTIONS
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1) U.S. 41/01d U.S. 41
2) U.S. 41/Wiggins Pass
3) U.S. 41/Immokalee Road
4) U.S. 41/Community Entrance
5) U.S. 41/Vanderbilt Beach Road
6) Irnmokalee Road/Airport-Pulling Road
7)
Road/North
Community
Airport-Pulling
Entrance
8)
Road/South
Community
Airport-Pulling
Entrance
9) Airport-Pulling Road/Vanderbilt Beach Drive
10) Airport-Pulling Road/Pine Ridge Road
11) Immokalee Road/Goodlette-Frank Road
12) Pine Ridge Road/Goodlette-Frank Road
13) I~75 West/lmmokalee Road
14) 1-75 East/lmmokalee Road
15) Immokalee Road/Livingston Road (Community
Entrance)
16) Vanderbilt Beach Road/Community West
Entrance
17) Vanderbilt Beach Road/Community East
Entrance
In addition to the above-listed road segments
and intersections, the Pelican Marsh Community
may have a significant impact on the following
road segments and intersections prior to
project buildout:
1-75
-Bonita Beach Road to Immokalee Road
Logan Boulevard
-Pine Ridge Road to Green Boulevard
-Logan Boulevard/Pine Ridge Road
-Logan Boulevard/Vanderbilt Beach Road
Not later than ninety (90) days followir_g
completion of Phase One of the Pelican Mars,h
Community as defined in the DRI/ADA, the
applicant or its successor(s) or assigns shall
conduct a traffic study to determine if the
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Pelican Marsh Community will have, at Project
buildout, a significant traffic impact on
these
listed
roadway
and
segments
intersections.
The methodology for the traffic study will be
submitted for review and comment to the
Southwest Florida Regional Planning Council,
the Florida Department of Community Affairs,
Florida Department of Transportation, and the
collier County Transportation Division, prier
to initiation of the study. The traffic stu~y
will include peak hour and 24 -hour traffic
counts at all Project entrances/exits and will
include
origin-destination
of
an
survey
motorists entering and exiting the Pelican
Marsh Community.
Based on that survey of
Pelican Marsh motorists,
the study will
determine
if
Project
at
will
have
the
buildout, a significant impact on the two
roadway segments and/or two intersectio~s
under study. Significant impact is defined 3S
set forth below in 8. I. (ivl .
In the event that the traffic study indicates
that the Pelican Marsh Community will have, at
buildout, a significant impact on any listed
segment or intersection, then that segment or
intersection shall be deemed added to the list
of significantly impacted road segments a.nd
intersections listed in paragraph 8.B. (i) or
{iil above, and the Project shall be subject
to all Development Order stipulations relative
to roadways for that segment or intersection.
In the event that the traffic study indicates
that the Pelican Marsh Community will not
have, at buildout, a significant impact on any
listed segment or intersection,
then the
Project shall not be subject to any further
conditions,
stipulations,
or
concurrency
17
12C 1
management for that segment or intersection.
The completed traffic study shall be submitted
to the Southwest Florida Regional Planning
Council,
Florida Department of Community
Affairs, Florida Department of Transportation,
Collier
County
Transportation
and
the
Division.
transportation
assessment
of
Based
on
the
c.
significant project impacts, construction of the
following transportation improvements or acceptable
substitutes
or alternatives
shall
be
needed
coincident with, development of the Pelican Marsh
if adopted level
of
service
Communi ty DR!,
conditions are to be maintained through buildout
(2008) on significantly impacted regional read
segments and intersections.
Phase 1 (2000)
Airport-Pulling Road
-North Community Entrance to Widen to 6 lanes.
South Community Entrance
~South Community Entrance to Widen to 6 lanes.
Vanderbilt Beach Road
-vanderbilt Beach Road to Widen to 6 lanes.
Pine Ridge Road
.or widen U.S. 41 (Myrtle Road to Immokalee Road) to 6 lanes
if deemed an appropriate alternative by FOOT.
U.S. 41/01d U.S. 41
-Westbound dual left turn lanes
-Signal retiming
U.S. 41jWiggins Pass
-Signal retiming
U.S. 41/Immokalee Road
-North
through
-Signal
and
lanes
retiming
southbound
u.s. 41/Community Entrance
-North and southbound
through lanes
-Restripe westbound for left
turn and through/right lanes
-Signal, if warranted
U.S. 41/Vanderbilt Beach Road -North and southbound through
lanes
-Signal retiming
Immokalee Road/Airport-Pulling Road -Signal retiming
Airport-Pulling Road/North
Community Entrance
-Eastbound left turn lane
-Eastbound right turn lane
-Northbound left turn lane
-Southbound right turn lane
-Signal, if warranted
18
.~^'---_....._._-_."--~,,." .,-,.".._-,.._.,~..
Airport-Pulling Road/South
Community Entrance
Airport-Pulling Road/
Vanderbilt Beach Drive
Airport-Pulling Road/Pine
Ridge Road
1mmokalee Road/Goodlette-
Frank Road
Pine Ridge Road/Goodlette-
Frank Road
1-75 West/lmmokalee Road
1-75 East/1mmokalee Road
Vanderbilt Beach Road/
Community West Entrance
Buildout (2008)
Airport-Pulling Road
.
12C 1
-North and southbound left
turn lanes
-North and southbound right
turn lanes
-East and westbound left turn
lanes
-East and westbound right turn
lanes
-East and westbound through
lanes
-Signal, if warranted
-Signal, if warranted
-Signal retiming
-Signal retiming
-Northbound through lane
-Southbound right turn lane
-Signal retiming
-Signal, if warranted
-Signal, if warranted
-Eastbound left turn lane
-Westbound right turn lane
-Southbound left turn lane
-southbound right turn lane
-Signal, if warranted
-North Community Entrance to Widen to 6 lanes
South Community Entrance
-South Community Entrance to Widen to 6 lanes
Vanderbilt Beach Road
-Vanderbilt Beach Road to Widen to 6 lanes
Pine Ridge Road
-Pine Ridge Road to Golden Widen to 8 lanes*
Gate Parkway
*or construct Livingston Road (Pine Ridge Road to Golden Gate
Parkway)
Goodlette-Frank Road
-Pine Ridge Road to Solana
Road
-Solana Road to Golden Gate
Parkway
Immoka1ee Road
-u.S. 41 to Goodlette-Frank
Road
-Goodlette-Frank Road to
Airport-Pulling Road
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes or
alternatively, construct
Vanderbilt Beach Road
Extension
Widen to 6 lanes or
alternatively, construct
Vanderbilt Beach Road
19
-Livingston Road to 1-75
12C 1
Extension
*or construct Vanderbilt Beach Road (U.S. 41 to Airport Road)
Widen to 6 lanes*
U.S. 41
-Old U.S. 41 to 1mmokalee
Road
u.s. 41/01d U.S. 41
u.s. 4l/Wiggins Pass
U.S. 41/Immokalee Road
u.s. 41/Community Entrance
u.s. 41/Vanderbilt Beach Road
Immokalee Road/Airport-
Pulling Road
Airport-Pulling Road/North
Community Entrance
Airport-Pulling Road/South
Community Entrance
Airport-Pulling Road/
Vanderbilt Beach Drive
Airport-Pulling Road/Pine
Ridge Road
Immokalee Road/Goodlette-
Frank Road
Pine Ridge Road/Goodlette-
Frank Road
Widen to 6 lanes or alterna-
tively, construct Livingston
Road Extension
-North and southbound through
lanes
-Signal retiming
-North and southbound through
lanes
-Restripe east and westbound for
left turn and through/right
lanes
-Signal retiming
-North and eastbound dual left
turn lanes
-Signal retiming
-Westbound right turn lane
-Signal retiming
-southbound dual left turn lanes
-Eastbound left turn lane
-Westbound left turn lane
-Westbound right turn lane
-Signal retiming
-Northbound dual left turn lanes
-Westbound dual left turn lanes
-Signal retiming
-Westbound left turn lane
-Westbound through lane
-Westbound right turn lane
-Eastbound through lane
-Northbound right turn lane
-southbound left turn lane
-Signal retiming
-Signal retiming
-North and southbound through
lanes
-Signal retiming
-Network expansion*
-Signal retiming
-East and westbound through
lanes
-Northbound dual left turn lanes
-Northbound right turn lane
-Signal retiming
-North and southbound through
lanes
-Network expansion*
-Signal retiming
*Network expansion, including Vanderbilt Beach Road Extension
and/or Livingston Road Extension, potential grade separation.
20
I-75 West/Immokalee Road
I-75 East/lmmokalee Road
Immokalee Road/Livingston
Road (Community Entrance)
Vanderbilt Beach Road/
Community West Entrance
Vanderbilt Beach Road/
Community East Entrance
12C 1
-East and westbound through
lanes
-Signal retiming
-East and westbound through
lanes
-Eastbound dual left turn lanes
-Signal retiming
-East and westbound through
lanes
-Eastbound right turn lane
-Westbound left tur~ lane
-Northbound left turn lane
-Northbound right turn lane
-Signal, if warranted
-East and westbound through
lanes
-Signal retiming
-Eastbound left turn lane
-East and westbound through
lanes
-Westbound right turn lane
-southbound left turn lane
-Southbound through/right lane
-Signal, if warranted
D. The applicant shall mitigate its impacts on the
regional and local roadway and intersections
identified herein as follows:
{il The Applicant shall make the site related
improvements specified in 8.A. hereof.
(ii) The Applicant shall pay its proportionate
share of intersection improvements at its
8.A.
access points to public roadways specified in
(iii) The Applicant shall be subject to all lawfully
adopted transportation impact fees.
{ivl The Applicant shall be subject to the
Concurrency Management System of the County as
set forth herein.
E. 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 tlie
impacts of this DRI through its duly adopted
comprehensive plan. The County has considered the
regional roadway segments and regional roadway
intersections set forth in 8. B. hereof, and has
21
12C 1
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 implem~nted by the
Adequate Facilities Ordinance (APF) Ordinance No.
93-82, a copy of which is attached hereto as
Exhibit "C". After due consideration of the
alternatives, the County has determined that to
require compliance with concurrency as mandated by
the eMS, in addition to the other mitigations
required in 8 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.
F. The Adequate Public Facilities Ordinance (APF)
requires 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 (15)
days of publication each year a copy of said AUIR
on the regional facilities set forth in 8.B. to the
Southwest Florida Regional Planning Council and the
Florida Department of Community Affairs (DCA).
G. 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 unaccepted
LOS and is not scheduled for improvement in the
Capital Improvement Element (CrE) of the
Comprehensive Plan in a manner and time which would
provide facilities concurrent with the impacts of
development pursuant to the APF. proj ects within
the boundaries of an ASI are, with few exceptions
not relevant herein, prohibited from obtaining
further Certificates of Public Facility Adequacy
22
12C
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 public hearing to determine
the boundaries of any ASIan any facilities listed
in Section 8.B. hereof.
H. If any of the road segments identified in this
paragraph 8. B. become deficient, the County shall
establish an Area of Significant Influence around
such segment pursuant to criteria set forth in the
APF.
I. In addition to the provisions of the Collier County
APF Ordinance:
Ii) The Pelican Marsh Community Development of
Regional Impact 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 amendments to the APF Ordinance.
(iil In the event that Collier County designates an
ASI around a deficient road segment that is
predicted to be substantially impacted by
Pelican Marsh, 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 Southwe6~
Florida Regional Planning Council, and th~
Department of Community Affairs, 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
23
12C 1
County creates an AS! for such a deficient
road segment that excludes the DRI. The
applicant shall file with the Notice cf
Change, a current traffic analysis and other
information attempting to establish that the
DR! is not having a substantial impact upen
the pertinent road segment, or other
justification of the County's exclusion of the
DRI from the ASI. If an AS! is established
for any deficient road segment listed in
Paragraph B.B. of this Development Order that
does not include the Pelican Marsh DR!, the
DR! 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 publi::
hearing on this Notice of Change pursuant t~
Subsection 380.06 (19) (f), Florida Statutes and
the change is adopted by Collier County, as
proposed; or (2) until any appeal of such
decision to the Florida Land and Water
Adjudicatory Commission is resolved.
(iv) For purposes of this Development Order, th.e
DRI shall be deemed to have a significant
impact upon a deficient road segment if its
traffic impacts exceed five percent (S%) oE
LOS 0, peak hour-peak season, capacity of tho:!:
roadway.
(v) The County shall provide the requisite publi.::
notice and hold a public hearing on the Notic,e
of Change as expeditiously as possible.
Following a pub I ic hearing, Call ier County
shall amend the DRI Development Order toJ
record its determination whether or not tho:!:
DRI is having a substantial impact upon the
deficient road segment or otherwise should not
be included within an ASI for the deficient
24
l~C 1
road segment.
In making this determinatio~1
the County shall include the impacts resulti~g
from all development to occur pursuant to the
Certificates of Public Facility Adequacy
previously issued to the DRl. The amendmer~t
to this Development Order is appealable
pursuant to Subsection 380.06 (19) and Sectie,n
380.07, Florida Statutes.
(vi) If neither DCA nor $WFRPC participate in the
public hearing on the Notice of Change
pursuant to Subsection 380.06 (19) {f}, Floricls
Statutes and the change is adopted by ColliE~r
County as proposed, the DR! may be issued
Certificates of Public Facility Adequacy
following the County's Development Order
decision. If either DCA or SWFRPC
participates in the public hearing, the
applicant shall not apply for or be iS8u€~d
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.
J. Collier County and the applicant may consider other
options to provide adequate commitments for needed
improvements to transportation facilities set forth
in 8.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-
163.3243, Florida Statutes, which authori:~e
local government development agreements or as
authorized by Rule 9J-2.0255, Flori1a
Administrative Code, Transportation Policy
Rule.
25
,...._-~.,;_."~.".......=_.._;...._.,,~..--~._-~.~'"-~~_.,_. -
-
.>.c...v .JI.
(ii) Any such option would be implemented only
after a Notice of Change procedure as outlined
above.
K. The applicant, its successors or assigns shall
submit an annual traffic monitoring report to the
following entities:
Collier County,
Florida
Department
of
Transportation
Florida
(FDOT) ,
Department of Community Affairs (FDCA) , and the
Southwest Florida Regional Planning Council
(SWFRPC) .
The first traffic monitoring report will be
submitted one year after the date of the issuance
of this DRI Development Order.
Reports must be
submitted annually thereafter until buildout of the
project.
The annual traffic monitoring report will contain
the following information:
(i) AM and PM peak hour turning movement counts at
all
site
points
onto
u.s.
access
Vanderbilt Beach Road and its Extension,
Immokalee Road, and Livingston Road, and a
comparison of the Project's measured trip
generation to the Project's trip generation
assumed in the DR! analysis.
(ii) A summary of the status of road improvements
assumed to be committed in the ADA, including
the following.
Roadwav Seoment Improvement Schedule
Airport Road Golden Gate Pkwy 6L 1994/95
to Pine Ridge Rd
u.s. 41 lmmokalee Rd to 6L 1997/98
Vanderbilt Beach Rd
Logan Blvd Green Blvd to Pine 4L 1994/95
Ridge Road
The above traffic monitoring report, in combination
with the Annual Update and Inventory Report (AUIR)
referenced in Condition a.F. above, represents the
annual traffic monitoring requirements for the
Pelican Marsh Community.
26
,.._"---~~,-.."-<"._....."_.^.,..~-~~._-~,,.,-,..".._...
41,
9.
12C
WASTEWATER MANAGEMENT/WATER SUPPLY
A. Any development shall require a South Florida Water
Management District Water Use Permit for any
proposed modifications to existing groundwater or
surface water withdrawals on the project site.
B. The development shall encourage water-conserving
devices/methods, consistent with the criteria
outlined within the water conservation element of
the South Florida Water Management District Water
Use Permit for Collier County Utilities, or as
consistent with criteria contained within the water
conservation element of the final approved potable
wat2r provider for the development.
C. Prior to the availability of reclaimed water from
Collier County Utilities, the developer shall
continue to investigate the feasibility of
obtaining reclaimed water through interconnection
with other reclaimed water suppl iers. The
developer shall actively participate in discussions
and negotiations with potential suppliers of
reclaimed water. The developer shall provide a
summary of these ongoing activities within the
Annual Monitoring Report for the development.
D. The South Florida Water Management District has
previously permitted the portion of the Pelican
Marsh Community located west of Airport-Pulling
Road for withdrawal of 61.1 million gallons per
month from the Lower Tamiami Aquifer for
agricultural purposes. Unless otherwise permitted
by SFWMD, the applicant shall not exceed this
existing allocation west of Airport Road during
conversion of this property to other land use3.
Consequently, the applicant shall be required to
identify an alternate source of non-potable wate~;
preferably recycled wastewater; should projected
irrigation requirements exceed the previously
allocated amount.
E. For the purpose of non-potable water conservation,
27
, "...._._ ~_____...._;"'"".~._~..,_.,.~-r._.,,,,._'A..._.'......'__
1
12C 1
the Pelican Marsh Community shall utilize xeriscape
principles, and drought-tolerant native vegetation,
in the design of the development's landscaping.
F.
The project shall obtain potable water,
and
wastewater treatment,
from the Collier County
Utilities Division, if Collier County Utilities
determines that it has sufficient capacity to serve
the project.
Should Collier County Utilities
Division determine that they do not have sufficient
capacity, the Applicant shall either construct
interim potable water and wastewater treatment
facilities, or shall postpone development until
such time as Collier County Utilities' service
capacity is available to the project. Any interim
facilities constructed by the applicant shall be
constructed to Collier County Utilities Oivisio:1
and shall be dismantled,
Standards,
at
the
Applicant's expense, upon connection to the County
faciliti~s.
Whether potable water and wastewater
facilities are provided on-site or off-site, the
applicant shall demonstrate to Collier County that
adequate wastewater treatment capacity is available
at the time of final plan approval for that phase
of development.
G. As the Pelican Marsh Community intends, and may be
required,
utilize
treated
effluent
for
to
on-site lakes,
wetlands,
and the
irrigation,
stormwater management systems shall be adequately
protected from possible effluent contamination, per
FDEP regulations.
H. Industrial effluents, if generated by the project,
will be pretreated prior to discharge into the
County wastewater system in accordance with Florida
Department of Environmental Protection criteria.
I. Temporary septic systems may be utilized in
conjunction with construction and sales offices and
model homes.
Septic systems shall not be allowed
on-site, other than for construction and sales
28
"~".____"''''''_'__~_'~~'_"",~..,_,,~_,,_~._,"""._.,''M'__''' _
12C 1
offices and model homes, due to the possibility of
hazardous wastewater generation by the retail and
office portions of the development. All temporary
septic systems shall be properly abandoned and/or
removed by a licensed septic system firm at the
time when permanent or interim wastewater treatment
plants come online.
J. All construction plans, technical specifications,
and proposed plats, as applicable, for the proposed
water distribution and wastewater collection
systems, and any possible on-site treatment
facilities, shall be reviewed and approved by the
Collier County Utilities Division prior to
commencement of construction, in accordance with
the Collier County Land Development Code.
K. All potable water facilities, including any
possible on-site potable water treatment system,
shall be properly sized to supply average and peak
day domestic demand, in addition to fire flow
demand, at a rate required by applicable
regulations.
L. The lowest quality of water for the proposed uses
shall be utilized for all non-potable water uses.
M. All commitments made by the appl icant wi thin the
ADA and subsequent sufficiency round information,
related to 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 Order for the Pelican
Marsh Community.
10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN
A. ColI ier County has determined that the Pelican
Marsh Community project is consistent with the
Collier County Comprehensive Plan and that the
project's phasing is consistent with the County's
concurrency management plans relative to public
facilities necessary to support the project.
29
"......_~_"_...___""'4.......P'_<>'"_~.._."~_
contributions,
construction,
expansion,
or
12C 1
11. GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions
provided by the applicant within the Application
for Development Approval (and supplementary
documents) that are not in conflict with specific
conditions for project approval outlined above are
officially adopted as conditions for approval.
B. Pursuant to Subsection 380.06(16), Florida
Statutes, the applicant shall receive credit for
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.
12 . PUD DOCUMENT
A. There is a POO document {Ordinance 95-Ll approved
by the Board of County Commissioners on January 24,
1995, which also governs the Pelican Marsh
Community. WCN acknowledges that the conditions
and commitments of the POO document also govern the
development and use of property within the Pelican
Marsh Community, even though the POO document
(Ordinance 95-~) is specifically not made a part
of this Development Order.
BE IT FURTHER RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. The Development Services Director shall be the local
official responsible for assuring compliance with the Development
Order.
2. This Development Order shall remain in effect for fifteen
(15) years from the date of adoption. The County acknowledgen
that significant physical development has commenced within the
Pelican Marsh Community pursuant to the provisions of a Preliminary
Development Agreement between weN and the Department of Community
Affairs, dated May 28, 1993 (Amendment dated October 1, 1993) I and
30
.".,"_._--.,._.__....-"--<~.,.".
liL
1
,
a Pun document (Ordinance 93-27) adopted by Collier County on the
25th day of May, 1993.
3. The definitions contained in Chapter 380, Florida
Statutes, shall control the interpretation and construction of any
terms of this Development Order.
4. Pursuant to Subsection 380.06{lS) (e)), Florida Statutes,
this project is exempt from down-zoning or intensity or density
reduction for a period of ten (10) years from the date of adoption
of the Development Order, subject to the conditions and limitations
of said Subsection of the Florida Statutes.
5. The 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 Southwest Florida
Regional Planning Council, and the Department of Community Affairs.
This report shall contain the information required in Section 9J-
2.025(7), Florida Administrative Code. This report shall be
prepared in accordance with the "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. Subsequent requests for development permits shall not
require further review pursuant to Section 380.06, Florida
Statutes, unless it is found by the Board of County Commissioners
of Collier County, after due notice and hearing, that one or more
of the following is present. Upon a finding that either of the
following is present, the Board of County Commissioners of Collier
County may take any action authorized by Chapter 380.06 (19),
Florida Statutes, pending issuance of an amended development order.
A. A substantial deviation from the terms or conditions
of this Development Order, a substantial deviation to the project
development phasing schedule, a failure to carry out conditions,
commitments or mitigation measures to the extent or in accord with
the timing schedules specified herein or in the phasing schedule in
the ADA, or substantial deviation from the approved development
plans which create a reasonable likelihood of additional regional
impacts or other types of regional impacts which were not
previously reviewed by the Southwest Florida Regional Planning
31
~>-~~_-...--"----"-_..,,~~-",._-
12C_ l' J
Council; or
B. An expiration of the period of effectiveness of this
Development Order as provided herein.
C. If the local government, during the Course of
monitoring the development, can demonstrate that substantial
changes in the conditions underlying the approval of the
Development Order have occurred or that the development order was
based on substantially inaccurate information provided by the
developer, resulting in additional substantial regional impacts,
then a substantial deviation shall be deemed to have occurred. The
monitoring checklist contained in Appendix III shall be used as a
guide by the local government in determining addition substantial
regional impacts.
7. 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.
8. 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 Order.
9. Appropriate conditions and commitments contained herein
may be assigned to or assumed by the Pelican Marsh Community
Development District.
10. In the event that any portion or section of this Order is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
manner, affect the remaining portions of this Order which shall
remain in full force and effect.
11. This Order shall be binding upon the County and the
Developer, their assignees or successors in interest.
12. This Development Order shall become effective as provided
by law.
13. Certified copies of this Order shall be provided to the
Department of Community Affairs and the Southwest Florida Regional
Planning Council as provided in Subsection 380.06(25) (g), Florid~
32
lit; 1
Statutes.
Commissioner
NOl"ris
offered the foregoing
Resolution and moved its adoption, seconded by Commissioner
Constantine
and upon roll call the vote was:
AYES: Commissioner Norris, Commissioner Constantine, Commi.e,sioner
HanCOCK, Commissioner Mac'Kie and Commissioner Matthews
NAYS,
^.
,
ABSENT AND NOT VOTING,
" ',I ~ !.
Db~ AND,ORDERED this 24th
day of January, 1995.
~~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
... :,.. J
. .,,, .,Z'/ /'11'
~,~//,~/__" ~-~.'rJ' ;/J .
",oWl~)-lT ,Fi', \.IlROCK /' CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY,
l'T\<i-<6",,)n ~cd-f,J:.
MARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
LI':M\II'OlDO.cln
33
Exhibit "A"
Exhibit liB"
Exhibit "e"
Exhibit "D"
LlCI'l\wcmo.cln
12C
LIST OF EXHIBITS
PELICAN MARSH COMMUNITY DEVELOPMENT ORDER
Legal Description
ADA and Sufficiencies (by reference)
APF Ordinance
Master Plan
34
1
12:C 1
I->..,.~
Description of part of Sections 25, 27, 34, 35 and 36,
TO~nship 48 South, Range 25 East, Collier County, Florida
MANATEE D.R.I. DESCRIPTION
REVISED 11-25-91
,.-
'-
BEGINNING at the southwest corner or Section 27, Township 48
South, Range 25 East, Collier County, Florida;
thence along the west line of said section 27 and the easterly
right-af-way line of U.S. 41 North 00-38'20" West 2623.40 feet
to the west 1/4 corner of said section 27;
thence continue along the west line of said Section 27 and
said right-of-way North 00-39'12" West 827.69 feet;
thence leaving said line North 89-20'45" East 3844.57 feet to
the westerly right-ot-way line of proposed Goodlette-Frank
Road as recorded in Plat BOOK 1J, page 58, Public Records of
Collier County, Florida;
thence along said westerly right-or-way line in the following
tour (4) described courses;
1) South 05-34'48" East 3545.96 feet to the 60uth line of
said Section 27;
2) South 05-JJ'10" East 2642.17 feet;
J) southerly 620.87 feet along the arc of a circular curve
concave westerly having a radius of 2799.93 feet through
a central angle of 12-42'18" and being subtended by a
chord ....hich bears South 00-47'59" West 619.60 teet;
4) South 07.09'08" West 1675.64 feet to the boundary line of
the plat of Pine Ridge Second Extension as recorded in
'Plat BOOK 10, page 86 of the Public Records of Collier
County, Florida;
thence along the boundary of said Pine Ridge Second Extension
in the following eight (8) described courses;
1) South 89-50'58" West 88.21 feet;
2) North 31-)4'00" West 120.19 feet;
3) North 05-)7'10" West 956.47 feet;
4) South 74-46'39" West 379.98 feet;
5) South 12-04'43" East 23.5) feet;
6) South 87-09'43" West 272.40 feet;
7) nOl""th....esterly 1854.46 feet along the arc of a
non-tangential circular curve concave southwesterly
having a radius of 1640.26 feet through a central angle
of 64-46'40" and being subtended by a ehord ....hieh bears
North 48-50'02" West 1757.26 feet;
8) North 81-13'22" West 737.85 feet;
thence leaving said plat boundary North 00-0)'39" West 707.85
feet;
thence South 89-)3')2" East ))6.81 feet;
thence North 00-26'28" East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve
concave easterly having a radius of 130.00 feet through a
central angle of 16034'19" and being subtended by a chord
which bears North 08043'37" East )7.47 feet;
thence North 17-00'47" East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular
curve concave south....esterly having a radius of )95.00 feet
through a central angle of 94059'52" and being subtended by a
chord ....hich bears North )0-29'09" West 582.44 feet
thence North 77-59'05" West 144.30 feet;
thence north....esterly 418.87 feet along the arc of a circular
curve concave northeasterly having a radius of 800.00 feet
through? central angle of 29059'57" and being subtended by a
chord which bears North 62059'06" West 414.10 feet
thence North 47059'08" West 100.03 feet;
thence westerly 615.18 feet along the arc of a circular curve
concave southerly having a radius of 826.09 feet through a
central angle of 42-40'04" and being subtended by a chord
which bears North 69~19'10" West 601.07 feet;
Iln1l91~I~l.)jd
EXHIBIT "A"
.....~.~..~-"~-'"'"----.t-"."'."..,.~~.._,.,...,~.
12C 1.
Description of part of Sections 25, 27, 34, JS and 36,
Township 48 South, Range 25 East, Collier County, Florida
MANATEE C.R,I. DESCRIPTION
REVISED 11-25-91
page 2 of J
\
thence Sputh 89-20'48" West 204.55 feet to the WQst lIne of
said Section 34, and the east right-ot-way line of U.s. 41;
thence along said line North 00-39'20" West 665.J2 feet to the
Point of Beginning;
containing 577.38 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLoWING DESCRIBED PARCEL;
BEGINNING at the northwest corner of said Section 35;
thence along the north line of said Section 35 North 89-45'35"
East 5231.69 teet to the west right-or-way line of Airport-
Pulling Road (C.R. 31);
thence along said westerly right-of-~ay line South 00-J1'47"
East 5258.J1 feet to the south line ot said Section J5;
thence along said south line South 89-J9'22" West 2541.65 feet
to the south 1/4 corner ot said Section J5;
thence continue along said south line South 89-39'J2" West
2641.JJ feet to the southwest corner of said Section J5;
thence along the south line ot said Section J4 South 89-51'02"
West 391.57 feet to the boundary line of a parcel described in
C.R. Book 524, page 121 ot the Public Records ot Collier
County, Florida;
thence along the boundary at said parcel North 01-0J'JJ" West
295.29 teet;
thence continue along the boundary of said parcel South
89-51'02" West 44J.28 feet to the easterly right-of-way line
of proposed Goodlette-Frank Road as recorded in Plat Book 1J,
page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-at-way line North 07-09'0811
East 1729.52 feet;
thence continue along said easterly right-of-~ay line
northerly 649.69 feet along the arc of a circular curve
concave westerly having a radius at 2929.93 feet through a
central angle of 12-42'18" and being subtended by a chord
~hich bears North 00-47'59" East 648.37 feet;
thence continue along said right-at-way line North 05-3J'10"
West 2628.44 feet to a point on the north line of said Section
J4;
thence leaving said right-of-~ay line and along the north line
of said Section 34 South 89031'3111 East 772.91 feet to the
Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast corner of said Section 36;
thence along the east line of said Section, South 02-12'03"
East 2671.63 feet to the east 1/4 corner of said Section 36;
thence continue along the east line at said Section 36 South
02-06'28" East 2519.08 feet to a point on the northerly right-
of-way line at Vanderbilt Beach Road;
thence along said northerly right-at-way line North 89-J9'39"
West 2855.35 feet;
thence continue along said line North 89043'5911 West 2544.87
feet to a point on the easterly right-Of-way line of Airport-
Pulling Road (C.R. 31);
thence along said easterly right-of-way line North 00031'4711
West 4490.03 feet to the south~est corner ot the east 15 feet
of the west 115 feet of the south 80 feet of the north 619.49
feet of said Section J6;
thence along the south line of said land North 89-27'57" East
15.00 feet;
thence along the east line of said land North 00-31'47" West
IIfl117l..(lU6CCOI.t;.
.~"""....,"'----_..""'.._~.."'-_.._._~_. -
12C 1
r
Description of part of Sections 25, 27, 34, 35 and 36,
Township 48 South, Range 25 East, Collier County, Florida
MANATEE D.R.I. DESCRIPTION
REVISED 11-25-91
page 3 of )
80.00 feet:
thence along the north line of said land South 89-27'57/1 West
15.00 teet to the east right-of-way line of Airport Road (C.R.
31) ;
thence along said right-of-way North 00-31'47" West 539.49
feet to the north line of said Section 36;
thence along said north line North 89-27'57" East 3914.28 feet
to the southwest corner of the east 1/2 of the east 1/2 of
said Section 25:
thence along the west line of the east 1/2 of the east 1/2 of
said Section 25 North 01-54'09" West 2668.19 feet;
thence continue along the west line of the east 1/2 of the
east of said Section 25 North 01-57'16" West 2567.06 feet to
a point on the southerly right-or-way line of Immokalee Road
(C.R. 846);
thence along said right-at-way North 89-14'36" East 1325.57
feet to the east line of said Section 25;
thence along said east line of Section 25 South 02-06'59" East
2569.75 feet to the east 1/4 corner of section 25;
thence continue along said east line of Section 25 South
02-00'46" East 2670.97 feet to the Point of Beginning;
containing 789.67 acres more or less;
total parcel contains 2075.44 acres more or less;
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990
adjustment, the north line of Section :35, being North 89-45'35"
East.
WILSON, MILLER, BARTON. PEEK, INC.
Reg. Engineers and Land Surveyors
6
the Professional's seal.
W.o. 12931
Ref. 4L-90J (JPM:kjd)
Date: October 10, 1991
Revised: November 25, 1991
11121l'I-Ol)<<.OOI-1jl!
~~.._-~."-~'------l~--~.------~-'..~_...
12C 1
COLLIER COUNTY
ADEQUATE PUBLIC FACILITIES ORDINANCE
ORDINANCE NO. 93-82
(As Amended By Ordinance No. 94-1, January 11, 1994)
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY
ADEQUATE PUBLIC FACILITIES ORDINANCE, PROVIDING FOR
FINDINGSj PROVIDING FOR SHORT. TITLE, AUTHORITY AND
APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR RULES OF
CONSTRUCTION; PROVIDING FOR THE GENERAL REQUIREMENT
THAT ADEQUATE PUBLIC FACILITIES BE AVAI--"BLE FOR
DEVELOPMENT; PROVIDING FOR I'.ANAGEMENT AND
MONITORING PROGRAM, ANNUAL INVENTORY' UPDATE REPORT,
ANNUAL CIE AND AMENDMENT, ANNUAL BUDGET; PROVIDING
FOR THE REGULATORY PROGRAM TO ENSu~E ADEQUATE
PliBLIC FACILITIES ARE AVAILABLE; PROVIDING FOR
LIBERAL CONSTRUCTION, SEVERABILITY, AND PENALTIES;
PROVIDING FOR EFFECT OF PRIOR REFERENCES TO
PREVIOUS ADEQUATE PUBLIC FACILITIES ORDINANCE;
PROVIDING FOR THE REPEAL OF ORDINA~:CE 90-24/ AS
AMENDED, THE PREVIOUS ADEQUATE PUBLIC FACILITIES
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNT'I CO/mISSIONERS OF COLLIER
COu~TY, FLORIDA THAT:
SEC.L
FINDINGS
1.1 Collier county, pursuant to Section 163.3161, ~. ~~.,
Florida Statutes, the Florida Local Government comprehensive Planning
and Land Develcpment Regulation Act (hereinafter lithe Act"), is
required to prepare and adopt a comprehensive Plan; and
1.2 As part of that Comprehensive Plan, the County is
required to prepare and adopt a Capital Improvement Element (eIE)
which covers at least a five (5) year period and is designed to
consider the need for and location of public facilities; and
1.3 The CIE is required to:
1.3.1 establish a level of service to determine the
adequacy of pUblic facilities; and
1.3.2 based upon the established level of service,
estimate public facility needs both to correct existing deficiencies
and accommodate needs projected by new growth and development; and
1.3.3 based on public facility needs, project costs to
provide the necessary public facilities and find realistic rev€:nue
sources to fund the public facilities; and
1.4 The Comprehensive Plan with the crE is designed to
ensure that adequate public facilities are available concurrent "lith
the impact of development; and
1.5 After adoption of the Comprehensive Plan, the Act
mandates that Collier County adopt Land Development Regulations t.hat
implement the Comprehensive Plan; and
1.6 Section 163.3177(10) (h), Florida Statutes, provides that
public facilities and services needed to support development must be
available concurrent with the impacts of such development; and
1.7 section 163.3202(2) (g), Florida statutes, also provides
that not later than one (1) year after its due date established by the
State land planning agency's rule for SUbmission of local
Comprehensive Plans, a local government shall not issue a development
order or permit which results in a reduction in the l'i!'vel of service
for the affected public facilities below the level at service provided
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EXHIBIT "e"
12C 1
in the cornpr~hensive Plan and CIE; and
1.8 Rule 93-5.0055, Florida Administrative Code (F.A.C.)
requires that a concurrency management system must be impl(~mented
after adoption of a Comprehensive Plan with its eIE to e_nsure that
pUblic facilities and services needed to support development are
available concurrent with the impacts of such development; and
1.9 On January 10, 1989, Collier County adopted the Collier
County Growth Management Plan including a erE pursuant to the require-
ments ot Section 163.3161 ~. ~., Florida Statutes; and
1.10 In March 1990, collier
Public Facilities Ordinance (Ordinance
the Concurrency Management system of the
county adopted its Adequate
No. 90-24) which implemented
Growth Management Plan; and
1.11 In September 1990, certain provisions ot: the Adequate
Public Facilities Ordinance regarding the impletnentati~n of
concurrency were challenged pursuant to Section 163.3213, Florida
Statutesi and
1.12 On November 26, 1990, the Department of Community
Affairs held a preliminary hearing pursuant to Section 163.3213 (4),
Florida Statutes, to determine whether or not the challenged portions
of the Adequate PUblic Facilities Ordinance ....e::-e consistent .....ith the
crE of the Growth Management Plan; and
1.13 On December 6, 1990, the Department of Community Affairs
issued its Final Order determining that certain. provisions of the
Adequate Public Facilities Ordinance were inconsis~ent with the CIE of
the Gro~th Management Plan; and
1.14 On February 6, 1991, the Depart~ent of co~~unity Affairs
and others petitioned the Division of Administrative Hearings on the
issue of consistency of certain provisions of the Adequate Public
Facilities Ordinance with the crE of the Growth Management Plan
pursuant to Section 163.3213(5) (b), Florida statutes; and
1.15 An administrative hearing was conducted in Collier
County between July 22 and July 26, 1991, wherein the Division of
Administrative Hearings Hearing Officer heard testimony and received
evidence concerning the issue of the consistency of the Adequate
Public Facilities Ordinance with the erE of the Growth Management
Plani and
1.16 On August 27, 1992, the Hearing Officer issued a final
order finding certain of the challenged portions of the Adequate
Public Facilities Ordinance inconsistent .....i th the CIE of the Growth
Management Plan and recommending the imposition of substantial
sanctions upon Collier County as a result pursuant to Section
163.3213(6), Florida statutes; and
1.17 On March 16, 1993, the Board of County Commissioners of
Collier County entered into a Stipulated Settlement Agreement with the
Department of Co~~unity Affairs and the other parties to the Adequate
PUblic Facilities ordinance challenge in which it was agreod that
Collier county would amend the Concurrency Management system of the
CrE pursuant to Rule OJ-5.0055, F.A.C., and later amend certain
portions of the Adequate Public Facilities ordinance causing it to
become consistent with the Concurrency Hanager.lent system arnend!~ents to
the CrE; and
1.18 On ~.pril 13, 1993, the Administration Commission issued
its Final order Number AC-93-036, approving the stipulated Settlement
Agreement and directing Collier county to adopt the remedial amend-
ments to the concurrency Management syster.l of the eIE and amendments
to the Adequate Public Facilities Ordinance (Ord. No. 90-24).
1.19 On July 27, 1993, the Board of county commissioners of
Collier county did take action in the manner prescribed by la...., did
hold public hearings concerning the adoption of the remedial plan
amendment and did adopt such amendment as Ordinance No. 93-41; and
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~..___..~._.... ~....~..."'""'t.""'_'_d~,__.-
~.
12C 1
1.20 The Collier County Planning commission and the Board of
County Commissioners find that this Ordinance is consistent with and
furthers the Collier county Growth Management Plani and
1.21 It is the intent of the Board of county Commissioners of
collier County to implement the "concurrency requirements" of the
Collier County Gro'Jth Management Plan, section 163.3177(10) (h) and
163.3202(2) (q), Florida Statutes, and Rule 9J-5, F.A.C.
SEC. 2. SHORT TITLE. AUTHORITY AND APPLICABILITY.
2.1 Short Title. This Ordinance shall be known and may be
cited as the "Collier County Adequate Public Facilities Ordinance."
2.2 Authoritv. The Board of county commissioners of Collier
County has the authority to adopt this Ordinance pursuant to Article
VIII, Section 1(f), Fla. const., Section 125.01 ~. ~., Florida
Statutes, Section 163.3161 ~ ~., Florida Statutes, Section
163.3161(8), Florida statutes, sections 163.3177(lO)(h) and
163.3202(2) (g), Florida Statutes, and Rule 9J-5, F.A.C.
2.3 Applicabilitv. This Ordinance shall apply to all
development in the total unincorporated area of Collier County, and to
all public tacilities owned by collier County in the incorporated or
unincorporated areas of Collier County, and to all privately-owned
public facilities where the level of service has been established by
the County.
SEC. J.
INTENT AND PURPOSE
3.1 Intent. This Ordinance is intended to implement and be
consistent 'Jith the Collier County Growth Management Plan, Section
163.3161 ~. ~., Florida Statutes, and Rule 9J-5, F.A.C., by
ensuring that all development in Collier County be served by adequate
public facilities.
3.2 Puroose. This objective is accomplished by (1)
establishing a management and monitoring system to evaluate and
coordinate the timing and provision of the necessary pUblic facilities
to service development, and (2) by establishing a regulatory program
that ensures that each public facility is available to serve develop-
ment concurrent with when the impacts of development occur on the
public tacilities.
3.3 Minimum Reouirements. The provisions of this Ordinance
in their interpretation and application are declared to be the minimum
requirements necessary to accomplish the stated intent, purposes, and
objectives ot this ordinance.
SEC. 4.
DEFIHITIONS.
4.1 Annual Uodate and Inventorv Report or AUIR means the
County report on public facilities described in Section 7.2.
4.2 ^polication for Develoo~ent Aooroval means an
application submitted to Collier County requesting the approval of a
development order.
4.3 Caoital Drainaae Facilities mean the planning of,
engineering for, acquisition of land for, or the construction of
drainage and water management facilities necessary for proposed
development to meet the LOS for drainage facilities.
4.4 caoital Park Facilities mean the planning of,
engineering tor, acquisition of land tor, or construction of buildings
and park equipment necessary to meet the LOS for park tacilities.
4.5 Caoital Road Facilities or Caoital Road Imorov~
shall include transportation planning for, right-at-way acquisition
for, engineering for, and construction of any project eligible for
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,.......~-~".,~_,~..........,^.~;.."'.'~~..'f"...,~"..~'"",.""_';---",."......~-.,
12C 1
road component ot the CIS of the
Plan or the Five Year Florida
inclusion as. a road project in the
Collier county Gro~th Management
Department of Transportation Plan.
4.6 caoit.!!.! Potable Water Facilities mean the planning of I
engineering for, acquisition of land for, or construction of potable
water facilities necessary to meet the LOS tor potable Water
Facilities.
4.7 Caoital Sanitary Sewer Facilities mean the planning of,
engineering for, acquisition of land for, or construction of canitary
se....er facilities necessary to meet the LOS for sanitary se....er
facilities.
4.8 .cAt>ital Solid Waste Facilities mean the planning of,
engineering for, acquisition of land for, or construction of solid
waste facilities necessary to meet the LOS for solid waste facilities.
4.9 Comorehens i va plan means a plan that meets the r(!quire-
ments of Sections 163.3177 and 163.3178, Florida statutes, and shall
mean the Collier County Growth Management Plan, where referenced in
this ordinance.
4.10 Deficient Road Se~ent means the following:
4.10.1 A county or state road segment on the Major Road
Net.....ork system that either:
4.10.1.1 has an adopted LOS lien peak season, peak
hour, that has operated belo'''' LOS "e" peak season, peak hour, based on
the Annual Update and Inventory Report (nAUIR") j or
4.10.1.2 has an adopted LOS "011 peak season, peak
hour, that has operated below LOS l1DII peak season, peak hour, for two
(2) years or more based on the AUIRi or
4.10.1.3 has an adopted LOS liD" peak season, peak
hour, that is operating below LOS liEn, peak season, peak hour, based
on the AUIRi or
4.10.1.4 has an adopted LOS "Ell peak season, peak
hour, that is operating worse than LOS "Ell peak season, peak hour,
based on the AUIR.
4.10.2 In determining the capacity of a county road
segment or a state road segment for the purpose of determining whether
it is a deficient road se~ent, the County shall consider:
4.10.2.1 any Capital Road Improvement currently in
placei
4.10.2.2
under construction;
any capital Road Improvement that is
4.10.2.3 any Capital Road Improvement guaranteed
in an enforceable development agreement that includes the provisions
in subsections 4.10.2.1 an~ 4.10.2.2;
4.10.2.4 the actual construction of the required
Capital Road Improvement is included and is scheduled to COTmence in
or before the third year of the state's Five (5) Year Work Program and
the County's current five (5) year capital Improvement Schedule
adopted as part of the Growth Management Plan; and
4.10.2.5 the Board of county Commissicners has
made an express finding, after a pUblic hearing, that the current five
(5) year capital Improvement Schedule is based on a realistic,
financially feasible program of funding from existing revenue sources.
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-.
12C
.1
~ .11 Develooer means any person, including a governmental
agency, undertaking any development as defined in this Ordinance.
4.12 Develooment Aoreement has the meaning contemplatlld in
Section 163.3220 ~ ~., Florida statutes.
4.13 Develoornent has the meaning given it in Section 380.04,
Florida statutes.
4.14 Develooment order means any order, permit,
determination, or action granting, denying I or granting with
conditions an application tor any final local development clrder,
building permit, temporary use permit, ternporary construction and
development permit, sign permit, ....ell permit, spot survey, electrical
permit, plumbing permit, occupational license, boat dock permit, HVAC
permit, septic tank permit, right-of-way perp,it, blasting p€!rmit,
excavation permit, construction approval for infrastructure (inc:.uding
water, sewer, grading, paving), approved development of re~rional
impact (ORr), zoning ordinance amendment, comprehensive plan
amendment, tlood variance, coastal construction control line variance,
tree removal permits, site development plan approval, subdi'/ision
approval (including plats, plans, var iances, and amend:n1mts) ,
rezoning, PUO amendment, certification, conditional use (provi:Jional
use), variance, or any other official action of Collier County having
the effect of permitting development as defined in this Ordinanc'L
4.15 Final Develooment order means a final local devel"pment
order or a final DR! development order.
4.16 Final DR! Develooment Order means a development :lrder,
as amended from time to time, adopted by the Board of County
commissioners of Collier County and approved by the state pursu~nt to
Section 380.06, Florida Statutes, notice of which is recorded pursuant
to section 380.06(15)(f), Florida statutes.
4.17 Final Local Development Order means any valid, unexpired
building permit or mobile home tie-down permit issued by the County.
4.18 Growth Manaaement Chief means the Growth Management
Chief or his designee.
4.19 Growth Manaaement Plan or GMP means the most recently
adopted and effective Comprehensive Plan of Collier County, as amended
from time to time.
4.20 Land Develooment Reaulations mean Ordinances enacted by
Collier County pursuant to Section 163.3161 n. ~., I"lorida
Statutes, for the regulation of development, and includes any ..oning,
subdivision, impact fee, building construction, or sign regulntions,
or any other regulations controlling the development of land.
4.21 Level of Service (LOS) means an indicator of the exte~t
or degree of service provided by, or proposed to be providerj by a
public facility based on and related to the operational
characteristics of the public facility, as adopted in the Collier
county Gro......th Management Plan. LOS shall indicate the capacity per
unit of demand for each public facility.
4.21.1 Level of service Calculations tor Roadj! mean
calculations that are performed annually following the end of the
calendar year by comparing average annual daily traffic counts to the
annual average daily traffic service volume look-up tables in the
Traffic circulation Element. These tables are calculated to express
the annual average daily traffic volumes based upon the looth highest
volume hour of the year, or peak season, peak hour. Annual average
daily traffic (AADT)is generally calculated as the average of a daily
24-hour two-way volume, counted in each ot the tour seasons of the
year. On some low volume roads, a single annual count may be taken
and factored to the annual average daily traffic volume \1sing a
monthly or quarterly factor.
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12C 1
4.22 LOS for Caoital Drainaae Facilities varies among 1) new
or existing 6apital drainage facilities owned or operated by a local
government or other public entity, 2) existing capital drainage
facilities owned or operated by private persons, and J) new capital
drainage facilities o....ned or operated by prl'/ate persons. For those
capital drainage facilities (publicly or privately owned) that are in
existence on the effective date of this Ordinance and tor those ne....
capital drainage facilities owned or operated by a local government or
other public entity, the LOS is the existing LOS as identified (by
design storm return frequency event) in the Collier County Water
Management Master Plan. For new capital drainage facilities owned or
operated by private persons, the LOS is identified in the Drainage
Sub-Element and Capital Improvement Element policy 1.1.5.A.3 (present
requirements are a 25-year, 3-day storm event) and is based on those
standards and requirements for renewal and approval at drainage and
stormwater management plans established in the Collier County Water
Manage~ent policy Ordinance, Ordinance No. 74-50, as amended, and
Ordinance No. 90-10 which are incorporated herein by reference.
4.23 LOS for Caoit!! Park Facilities means 2.9412 acres per
1,000 persons for regional park land; 1.2B82 acres per/1,OOO I'ersons
for community park land; and $122 of capital investment per capita (at
current cost) tor recreational facilities.
4.24 LOS {or Caoital Potable Water Facilities varies between
pUblic water systems and private water systems. For pUblic water
systems, the LOS is 135 gallons per capita per day (gpcd), plus 2l\:
for non-residential development (except in the Marco Water and Sewer
District), making the LOS 163 gpcd. The LOS in the Marco Water and
Sewer District is 200 gpcd (.....ith no 21\ adjustment). For private
potable water systems, the LOS is as follows, except that approved
private .....ells are exempt .frotl these LOS requirements:
Tvoe of Establishment
Airports
(a) per passenger
(b) add per employee
Barber and beauty shops (per chair)
Bowling alleys (toilet wastes only per lane)
Country Club
(a) p~r resident member
(b) per member present
(c) per employee
Dentist Offices
(a) per wet chair
(b) per non-.....et chair
Doctors offices (per doctor)
Factories, exclusive of industrial .....astes (gallons per
person per shift)
(a) no sho....ers provided
(b) showers provided
Food service Operations
(a) ordinary restaurant (per seat)
(b) 24 hour restaurant (per seat)
(c) single service articles only (per person)
(d) bar and cocktail lounge (per person)
(e) drive-in restaurant (per car space)
(f) carry out only
1. per 100 square feet of floor space
2. add per employee
(g) Institutions (per meal)
Hotels and motels
(a) regular (per room)
(b) resort hotels, camps, cottages (per person)
(c) add for establishments .....ith self service
laundry facilities (per machine)
Office building (per employee per B hour shift)
service stations (per water closet and per urinal)
Shopping centers without food or laundry (per square
of floor space)
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Gallons Per
Dav (G.EQl
20
35
50
75
25
30
50
50
20
5
150
75
400
20
250
foot
0.1
5
20
100
100
100
25
20
200
50
250
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1 I
Gallons Per
Dav (GPD'
5
0.1
Tvoe of Establishment
Stadiums, race tracks, ball parks (per seat)
Stores per square foot of floor space
Theatres
(a) indoor, auditoriums (per seat)
(b) outdoor, drive-ins (per space)
Trailer/Mobile Home Park (per trailer space)
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight) I without water and
sewer hookup (per trailer space)
(b) T~avel trailer (overnight), with water and
sewer hook-ups (per trailer space)
swimming and bathing facilities, public (per person)
Churches (per seat)
Hospitals (per bed)
Nursing, rest homes (per bed) 100
Parks, public picnic
(a) with toilets only (per person) 5
(b) with bathhouse, showers and toilets (per person) 10
Public institutions other than schools and hospitals
(per person) 100
Schools (per student)
(a) day-type 15
(b) add for showers 5
(c) add for cafeteria 5
(d) add for day school workers 15
(e) boarding-type 75
Work/Construction camps
Semi-permanent (per worker) 50
Residences
(a) Single or multiple family (per dwelling unit)
1 bedroom and 600 square feet or less heated or
cooled area 150
2 bedrooms and 601 - 1000 square feet heated or
cooled area 300
3 bedrooms and 1001 - 2000 square feet heated or
cooled area 450
4 or more bedrooms and more than 2000 square feet
heated or cooled area 600
(b) Other (per occupant) 75
4.25 LOS for Caoital Road Facilities on the Major Road
Network System varies depending on the type of road, and is based on a
defined peak season, peak hour. The LOS on the following County roads
is LOS IIEII peak season, peak hour:
B2il.Q
Airport Road
Sec:ment
Pine Ridge Road to Golden Gate
Parkway
Airport Road to Santa Barbara
Boulevard
Pine Ridge Road to Golden Gate
Park.....ay
Golden Gate Park.....ay
Goodlette-Frank Road
Goodlette-frank Road
Golden Gate Parkway to u.s. 41
Pine Ridge Road
Airport Road to I-75.
On all other County roads on the Major Road Network system, the
LOS is "0" peak season, peak houri ho.....ever such a County road segment
may operate at LOS liE," peak season, peak hour, tor a periOd not to
exceed t.....o (2) fiscal years so as to provide Collier County time to
make the Capital Road Improvements needed to restore the road to LOS
"0" peak season, peak hour, or better.
The LOS on State and Federal roads shall be as follows based on
peak season, peak hour:
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10
200
75
100
10
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llll.Ml
1-75
US 41
SR-a4
SR-951
SR-29
SR-B2
Rural Area
B
C
C
Existing
Urbanized Area
C
o
o
o
Transitioning
Urbanize~
C
C
C
C
c
c
4.26 LOS tor Caoit.!! Sanitary Sewer Facilities vari.. between
public sanitary sewer systems and private sanitary sewer .ystems. The
LOS ror public sanitary sewer systems is 100 gallons per capita per
day (gpcd), plus 21\ tor non-residential development, making the LOS
121 gped.
The LOS tor private sanitary sewer systems is as required by the
State of Florida in Chapter 10-D-6, F.A.C. These standards vary
according to the type of land use. They are as tollows, except that
approved private septic syste~s are exempt from these LOS
requirements:
Tvoe of Establishment
Airports
(a) per passenger
(b) add per employee
Barber and beauty shops (per chair)
BOWling alleys (toilet wastes only per lane)
Country Club
(a) per resident member
(b) per member present
(e) per employee
Dentist Offices
(a) per wet chair
(b) per non-wet chair
Doctors offices (per doctor)
Factories, e~clusive of industrial wastes (gallons per
person per shift)
(a) no showers provided
(b) showers provided
Food service Operations
(a) ordinary restaurant (per seat)
(b) 24 hour restaurant (per seat)
(c) single service articles only (per person)
(d) bar and cocktail lounge (per person)
(e) drive-in restaurant (per car space)
(f) carry out only
1. per 100 square feet of floor space
2. add per employee
Hotels and motels
(a) regular (per room)
(b) resort hotels, camps, cottages (per person)
(0) add tor establishments with selt service
laundry facilities (per machine)
Office building (per worker)
Service stations (per bay)
Shopping centers without food or laun~ry (per square
foot of floor space)
Stadiums, race tracks, ball parks (per seat)
stores (without food service)
(a) private toilets, for employees only (per
employee)
(b) public toilets (per square foot of floor
space)
Gallons Por
Dav (GPDl
Theatres
(a) indoor, auditoriums (per seat) 5
(b) outdoor, drive-ins (per space) 10
Trailer/Mobile Home Park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without water and
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,'~''''m'"'',''','' "'.'1"""..
5
20
100
100
100
25
20
200
50
250
20
35
50
75
25
30
50
50
20
100
75
400
20
500
0.1
5
20
0.1
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Gallons Per
DaY' (GPD)
50
Tvoe of Establishment
sewer hookup (per trailer space)
(b) Travel trailer (overnight), with water and sewer
hook-ups (per trailer space)
swimming and bathing facilities, public (per person)
Churches (per seat)
Hospitals (per bed)
Nursing, rest homes (per person)
Parks, public picnic
(0) with toilets only (per person)
(b) with bathhouse, showers and toilets (per person)
Public institutions other than schools and hospitals (per
person)
Schools (per student)
lal day-type
(b) add for showers
(el add for cafeteria
(d) add for day school workers
(e) boarding-type
Work/construction camps
Semi-permanent (per worker)
Residences
(a) single family (per bedroom)
(b) apartment (per bedroom)
(e) mobile home not in a traile~ park (pe~ bedroom)
(d) other (per occupant)
100
10
J
200
100
100
150
150
150
75
4.27 LOS for Caoita1 Solid Waste Facilities requires
sufficient capital solid waste facilities to dispose of 1.39 tons o~
solid ....aste per capita per year. In addition, the LOS requirp.s two
(2) years of landfill lined cell disposal capacity at present fill
rates and ten (10) years of landfill ra.... land capacity at present fill
rates.
4..23 LOS "e" oeak season. oeak hour is in the range of stable
flo'..., but narks the beginning of the range of flow in which the
operation ot individual users becomes significantly affected by inter-
actions with others in the traffic stream. The selection of sp~ed is
affected by the presence of others, and maneuvering within the traffic
stream requires substantial vigilance on the part of the user. Th~
general level of comfort and convenience declines noticeably at this
level. LOS !fC" peak season, peak hour, is based on the one hundredth
(lOOth) highest hourly traffic volumes during a calendar year for the
various types of Roads defined by Soecial Reoort 209, "H.lghway
Capacity Manual," Transportation Research Board, National Re3earch
Council, Washington, D.C., 1985, or subsequent revisions thereto.
4..29 LOS "0" peak season. Deak hour represents a hi9h-
density, but stable, flow. Speed and freedom to maneuver are se'rerely
restricted, and the driver or pedestrian experiences a generally poor
level of comfort and convenience. Small increases in traffic flo....
will generally cause operational problems at this level. LOS "011 peak
season, peak hour, is based on the one hundredth (100th) highest
hourly traffic volumes during a calendar year for the various types of
Roads defined by soecial Reoort 209, I1Highway Capacity Manual,"
Transportation Research Board, National Research Council, Washington,
D.C., 1985, or subsequent revisions thereto.
4.29.1 LOS II Ell peak season, neak hour re'OrE~
operating conditions at or near capacity. All speeds are
significantly reduced. Freedom to maneuver is difficult. Comfort and
convenience is extremely poor, and motorist frustration is genE:rally
high. LOS "ElI peak season, peak hour, is based on the one hundredth
(100th) highest hourly traffic volumes during a calendar year fer the
various types of Roads defined by Special Reoort 209, "Highway
Capacity Manual, 11 Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
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10
15
5
5
15
75
50
12C 1.
4.30 Peak season. oeaf:. hour is considered to be the lOath
highest volume hour of the year I and is the basic time re!er*nc:e used
to calculate levels of service using the definitions and methodologies
of the 1985 Hiahwav Canacitv Manual (or its current edition). For
planning and concurrency applications, peak season, peal<: hour
conditions are converted to annual average daily traffic (AADT) level
of service maximum volumes and are presented in a series of look-up
tables adopted in the Traffic circulation Element of the Growth
Management Plan.
4.31 Maier Road Network System means all artar!;}l and
collector roads within the total unincorporated Collier Count'!. The
Major Road Network System is depicted in the Traffic Circulation
Element of the Collier county Growth Management Plan.
4. 32 ~ means an individual, corporation, governmental
agency, business trust, estate, trust, partnership, associati~n, two
(2) or more persons having a joint or common interest, or an:{ other
entity, and its designated agents, successors or assigns.
4.33 Potentiallv Deficient Road Searnent means the following:
4.33.1 A County or State road segment on the Major Road
Network system whose adopted LOS standard is LOS "C" or LOS "Olt, peak
season, peak hour, that is presently operating at its adopted LOS, or
whose adopted LOS is LOS UD" peak season, peak hour, and has cperated
at LOS "E" peak season, peak hour, for t'.....o (2) years or less, cased on
the AUIR. A potentially deficient road segnent which has an adopted
LOS "0" peak season, peak hour, may operate at LOS "E", peak season,
peak hour, for two (2) years before it shall become a deficient road
segment;
4.33.2 A County or State road segment on the Major Road
Network System whose adopted LOS standard is tiE", peak season, peak
hour, that is presently operating at LOS IIEtl peak season, peak hour,
based on the AUIR.
4.33.3 In determining the capacity of a County road
segment or a State road segment for the purpose of determining whether
it is a potentially deficient road segment, the County shall cClnsider:
4.33.3.1 any capital Road Improvement currontly in
place;
4.33.3.2
under construction;
any Capital Road Improvement ~hat is
4.33.3.3 any capital Road Improvement guaranteed
in an enforceable development agreement that includes the provisions
in Subsections 4.33.3.1 and 4.33.3.2;
4.33.3.4 the actual construction of the =equired
Capital Road Improvement is included and is scheduled to comnence in
or before the third year of the State's Five (5) Year Work Program and
the County's current five (5) year capital Improvement Schedule
adopted as part of the Growth Management Plan; and
4.33.3.5 the Board of County Commissioners has
made an express finding, after a pUblic hearing, that the current five
(5) year Capital Improvement Schedule is based on a realistic,
financially feasible program of funding from existing revenue sources.
4.34 fYPlic Facilities
capital park facilities, capital
road facilities, capital sanitary
waste facilities.
mean capital drainage facilities,
potable water facilities, capital
sewer facilities, and capital solid
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.
12C 1
SEC. 5
RULES OF CONSTRUCTION.
In the construction ot this Ordinance, the rules set out in this
section shall be observed unless such construction is inconsls1:ent
\.lith the manifest intent of the Collier county Board of county
Commissioners. The rules of construction and definitions set forth
herein shall not be applied to any provisions which expressly exclude
such construction, or ....here the subject matter, content or context. of
such provision would make such construction internally inconsistent or
inconsistent with other provisions of this ordinance.
5.1 Generallv. All provisions, terms, phrases and
expressions contained in this Ordinance shall be liberally construed
in order that the true intent and meaning ot the Collier county Board
of county Commissioners may be fully carried out. Terms used in this
Ordinance, unless otherwise specifically provided, shall have the
meanings prescribed by the statutes of this state for the same terms.
In the interpretation and application of any provision of this
Ordinance it shall be held to be the minimum requirement adopted tor
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this Ordinance imposes
greater restrictions upon the SUbject matter than a general provision
imposed by the Growth Management Plan or another provision of this
Ordinance, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
5.2 ~
implication between
text shall control.
In case of any difference of meaning or
t.he text of this Ordinance and any figure, the
5.3 Comcutation of time. The time within which an act is to
be done shall be computed by excluding the first and including the
last day; if the last day is Saturday, Sunday or legal holiday, that
day shall be excluded.
5. 4 ~ The word lIday" shall mean a calendar day, unlezs
"business" day is indicated.
5.5 Deleaation of Authoritv. Whenever a provision appears
requiring the head of a department of so~e other county officer or
employee to do some act or perform some dutYI it is to be construed to
authorize the head of the department or some other County officer or
employee to designate, delegate and authorize professional level
subordinates to perform the required act or duty unless the ter~s of
the provision or section specify other~ise.
5.6 Gender. Words importing the r.:asculine gender sha 11 be
construed to include the feminine and neuter.
5.7 Month. The word "monthtl shall mean a calendar month.
5.8 Hon-technical and Technical Words. Words and phrases
shall be construed according to the common and approved usage of the
language, but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in la~ shall be construed
and understood according to such meaning.
5.9 Number. A word importing the singular number only, may
extend and be applied to several persons and things as well as to one
person and thing. The use of the plural number shall be deemed to
include any single person or thing.
5.10 Shall. Mav.
permissive.
The word "shall" is mandatory; "mayll is
5.11 Tense. Words used in the past or present tense include
the future as well as the past or present.
5.12 Week. The word "weekll shall mean seven (7) calendar
days.
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12C 1
....ritingll
letters,
writing.
5.1~ written or In Writina. The
sha'll be construed to include any
or figures whether by printing or
term "....ritten" or "in
representation of ....ords,
other form or method of
5.14 ~ The word lIyear" shall ::lean a calendar year,
unless a fiscal year is indicated or 365 calendar days is indicated.
SEC. 6. ESTABLISHMENT OF MANAGEMENT AND MONITORING PROGRAM AND
REGur~TORY PROGRAM: THE ANNUAL UPDATE AND INVENTORY REPO~
(AutR\. erE AMENDMENTS. AND ANNUAL BUDGET.
In order to implement the mandate of the Collier County Cro....th
Management plan to ensure that adequate potable ....ater, sanitary se....er,
solid ....aste, drainage, park and road public facilities are available
to acco~~odate development in Collier county concurrent with when the
impacts of development occur on such public facilities, the Board of
County commissioners establishes, pursuant to the terms of this
Ordinance, (1) a management and monitoring program that evaluates the
conditions of public facilities to ensure they are being adequately
planned for and funded to maintain the LOS for each public facility,
and (2) a regulatory program that ensures that each public facility is
available to serve development concurrent with the impacts of that
development prior to issuance of develop~ent orders which are subject
to the provisions of this Ordinance.
SEC. 7. HArlAGEMENT ArlO MONITORING PROGRJI';1.
7.1 General. In order to ensure that adequate Potable
Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road PUblic
Facilities are available concurrent with when the impacts of develop-
ment occur on such Public Facilities, the County shall establish the
following management and monitoring practices. Their purpose is to
evaluate and coordinate the ti:ning, provision, and funding of Potable
Water, Sanitary Sewer, Solid Waste, Drainage, Park and Road Public
Facilities (1) to ensure adequate planning and funding to maintain the
LOS for the Public Facilities, and (2) to evaluate the capacity of the
PUblic Facilities for use in the regulatory p~ogram to ensure t~at no
development orders subject to concurrency regulation are issued unless
adequate public facilities are available to serve the development
concurrent with when the impacts of that development occur.
7.2 Annual Uodate and Inventorv Reoort on Public Facilities
llJJ.lBl. On or about August 1 of each year, the Growth Management
Chief shall complete an Annual Update and Inventory Report on Public
Facilities (hereinafter IlAUIRII). The AUIR shall determine the
existing conditions of all Capital Potable Water, Capital Sanitary
Sewer, Capital Solid Waste, Capital Drainage, Capital Park, and
Capital Road Public Facilities, determine and summarize the available
capacity of these Capital Improvements (?ublic Facilities) based on
their LOS, forecast the capacity of existing and planned public
facilities identified in the Five (5) Year Capital Improvement
Schedule for each of the five (5) succeeding years, and ten (10)
succeeding years, and identify new projects needed to maintain adopted
LOS. The forecasts shall be based on the most recently updated
Schedule of Capital Improvements (Public Facilities) for each Public
Facility. The AUIR shall be based on the r.\ost recent Bureau of
Economic and Business Research (BEBR) high-range population
projections, updated public Facility inve:itories, updated unit costs
and revenue projections, and analysis of the most recent traffic count
data.
The findings of the AUIR shall form the basis for the preparation
of the Annual Update and Amendment to the CIE, any proj acts to be
included in the County's Annual Budget, the determination of any Area
of significant Influence (AS!) and the review of and issuance of
development orders subject to the provisions of this Ordinance during
the next year.
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12C 1
7.2.1 Annual Determination of Adeauate "Cateaorv All
PUblic F~cilities (Concurrencv). On or about August 1 at: each year,
the Gro~th Management Chief will present the AUIR report to the Board
of County Commissioners identifying deficiencies or potential
deficiencies in "Category All Public Facilities and remedial action
options including but not limited to the following:
1. Establishment of Areas of Significant Influence (ASI's);
2, Public Facility project additions to the CIE;
3. Deferral ot development order issuance in affected areas
pending:
a. Lowering of LOS via Growth Management Plan Arnend~ent;
b. Inclusion of necessary public facility projects in t~e
adopted Annual Budget and Annual erE Update and
Amendment;
c. Approval of new or increased revenue sources for needed
Public Facility projects by the Board of county
Commissioners, the state Legislature or the county
voters.
7.3 Recommendations on the Annual CIE Uodate and Annual
~. Based upon the AUIR analysis, the Growth Management Chief
shall propose to the Collier County Planning Commission and the Board
of county Commissioners on or about October 1 of each year, the Annual
Update and Amendment to the CIE as part of the Annual Growth Manage-
ment Plan Amendment cycle transmittal public hearings. It will
include the Public Facilities needed to maintain LOS as directed by
the Board of County Commissioners upon presentation of the AUIR. The
Annual Budget, which is to be adopted by October 1 of each year shall
also include projects and funding as directed by the Board upon
presentation of the AUIR.
7.4 Establishment of Area of sianificant Influence (ASI) for
~
7.4.1 Establishment of Area(s) of Sianificant Influence
~ If the findings of the AUIR analysis identify additional road
improvement projects needed to maintain adopted LOS, they may be
included in the road component of the proposed Annual CrE Update and
Amendment at the discretion of the Board. Based upon Board direction
on inClusion of additional road projects, the Growth Management Chief,
in conjunction with the MPO Chief and Transportation services
Administrator, may propose and identify one or more Areas of
Significant Influence (ASI) around any deficient or potentially
deficient road segment (except where such potentially deficient road
segment is projected not to exceed its adopted LOS within the first
three (3) years of the five (5) year Schedule of capital Improvements
in the eIE Update and Amendment proposed for transmittal on or about
October 1, and the estimated Annual Residual Capacity Trips that would
be allocated to those applicants for Certificates of Public Facility
Adequacy within the Asr encompassing such potentially deficient road
segment during the next year does not exceed the remaining trip
capacity). The boundaries ot any ASI shall be established pursuant to
the standards in Subsection 7.4.2 of this Ordinance along ....ith the
annual Residual Capacity Trips covering potentially deficient road
segments for each ASI and shall be presented to the Board by September
1 of each year. No Residual Capacity Trips shall be allotted tor
development in an ASI encompassing a deficient road segment.
7.4.2 standards in Establishina Area ot Sianiticant
Influence (ASr).
7.4.2.1 General. The boundaries for an ASI shall be
based upon an "envelope" that surrounds major road segments. In
general, the ASI surrounding a road segment will radiate out from the
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12C 1
segment a distance of one to three miles,
man-made features, roadway facility type.
an overlap of ASI's due to the effect of
roadway segment or segments.
depending upon natural or
Additionally, there may be
adjacent land uses upon a
7.4.2.2 Standards In Deterrninina Area of
Sianificant Influence (AS!). The Growth Management Chief in
conjunction with the MPO Chief and Transportation Services
Administrator. shall examine traffic movement patterns and shall then
prepare a map(s} that details the location of the proposed ASI (9).
Such map (s) shall then be presented to the Board of county
Commissioners at a regularly scheduled meeting for its review.
The following standards shall guide the Growth
Management Chief, MPQ Chief and Transportation Services Administrator
in developing these proposed ASI's:
Tvoe of Roarlwav Facilitv
Principal Arterial
SCODe of ASI
Three (3) miles on each side of affected
segment and three (3) miles from each end
of affected segment.
Minor Arterial
Two (2) miles on each side of affected
segment and two (2) miles from each end
of affected segment.
Collector
One (1) mile on each side of affected
segment and one (l) mile from each end of
affected segment. '
Rural Minor Collector
One (1) mile on each side of affec~ed
segment and one (1) mile from each end of
affected segwent.
Limited Access Facility
One (1) mile fro~ each side of the
affected segment and three (3) miles from
any access point and each segment end.
7.4.2.3 Determinina Annual Residual Caoacitv
~ The Growth Management Chief in conjunction with the MPO Chief
and Transportation Services Administrator shall complete a detailed
conditions analysis of the deficient. or potentially deficient road
segment within each proposed ASI boundary prior to proposing the
boundaries of the 1..51. The analysis shall take into consideration
characteristics of the road segment (such as traffic control, signal
spacing, timing, and phasing) using procedures documented in the ~
Hiahwav canacitv Manual (or its current edition). The Annual Residual
capacity Trips for the proposed AS1 covering the potentially deficient
road segment shall be based upon up to one hundred percent (100\) ot
the potentially deficient road segment's remaining capacity, measured
in peak hour, peak season trips. Thirty percent (30\) of the
potentially deficient road seg~ent's remaining capacity shall be
reserved for only those land uses which generate one (1) peak hour
trip per day or less, based on the nost recent 1TE Trip Generation
Ra te Manua 1.
7.4.3 Review and A~oroval bv Board of County
Commissioners. After receipt of the proposed boundarieB of a
potential ASI and the proposed Residual Capacity Trips of the ASI from
the Growth Management chief, the Board of county commissioners, by
October 1 of each year, shall hold a public hearing noticed pursuant
to the requirements of Section 125.66(5), Florida Statutes, and after
consideration of the proposal and public comment, approve the
boundaries (inclUding a map of the boundaries) and the Annual Residual
Capacity Trips of the AS1, with or without modifications, or dotermine
that competent substantial evidence has been placed on the record to
show that the road segment is not potentially deficient and dotermine
that the establishment of an AS1 is not necessary to ensure that
development orders are served by adequate road public facilities. The
approved boundaries and Annual Residual Capacity Trip Allotnlcnts for
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.
12C 1
each AS! will become effective on October 1 of each year if additional
road improvements are not added to the Capital Improvement Element: at
that time.
7.4.4 Mac of Areas of Sianificant Influence (ASI'~ A
Map sho....ing the boundaries of each Asr established by the Board of
County Commissioners shall be kept in the Office ot the Growth Man~ge-
ment Chief and the Office of the Clerk to the Board of County
Commissioners for review and inspection by the public during nornal
business hours.
7.4.5 Duration of Established Area
Influence (AST\. Once the boundaries of an AS! are
Board ot County commissioners, they are valid tor one
otherwise dissolved.
of sianifi~
approved by the
(1) year, unless
7.4.6 Duration of Residual Caoacitv Trios.
Road Facility Residual Capacity Trips are approved by the
county Commissioners, they are valid for one (1) year.
Once the
Board 0 f
7.4.7 Dissolution of Area of sianificant Inflt~
~ If the additional needed road improvements identified in the
AUIR are added to the crE or funds. are available for, and commltted
for construction of, the needed road iI:\provements to eliminate the
classification of a road as a deficient or potentially deficient road
segment, then the Are~ of Significant Influence (ASI) established for
that deficient or potentially deficient road segment shall be
dissolved in the same manner in which it was established.
SEC. 8
REGULATORY PROGRAM: REVIEW OF DEVELOFI1ENT TO ENSURE ADEOllh.T..&
PUBLIC FACILITIES ARE AVAILABLE.
8.1 General. In order to ensure that adequate Po~able
Water, Sanitary Se',ler, Solid Waste, Drainage, Park and Road Public
Facilities are available concurrent with when the impacts of develop-
ment occur on each Public Facility, Collier County shall establish the
following development review procedures to ensure that no development
orders subject to concurrency regulation are issued unless adequate
Public Facilities are available to serve the proposed development.
8.2 Exemotions. The following development orders and
development shall be exempt from the terms of this Ordinance:
8.2.1 All valid, unexpired final Development of
Regional Impact (DRI) development orders ,,,,hich ......ere issued prior to
adoption of the Collier County Gro.",th 11anagei.lent Plan on Januar'{ 10,
1989, except where:
8.2.1.1 Development conditions or stipulations
applicable to concurrency, or the provision of adequate public
facilities concurrent with the ii.lpacts of development, exist L, the
DRI development order;
8.2.1.2 Substantial deviations are sought for a
ORI development order, and then, this Ordinance shall apply only to
those portions of the development for which the deviation is sou<;'ht;
8.2.1.3 An overriding concern for pUblic health,
safety, or welfare exists;
8.2.1.4 The County can demonstrote pursua~t to
Section 380.06, Florida Statutes, that substantial changes in the
conditions underlying the approval of the development order have
occurred or the development order .....as based on substantially
inaccurate information provided by the developer or that. the
application of this Ordinance to the development order is clearly
established to be essential to the public health, safety and welfare;
or
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8.2.1.5 The new requiretlents would not sc change
or alter a' ORI development order that they would materially or
sUbstantially affect the developer's ability to complete the dove lop-
ment authorized by the ORI development order.
8.2.2 Construction of Public Facilities that are
consistent with the Collier County Growth Management Plan.
a. 2. J Any development orders determined by thn Growth
Management Chief not to impact PUblic Facilities as evaluated against
the standards contained in this Ordinance.
8.2.4 Original temporary construction and development
permits and any subsequent renewals not to exceed a cumulative period
of one (1) year.
8.2.5 Development orders permitting replace~ent,
reconstruction or repair of existing development consistent with all
elements of the Growth Manage~ent Plan.
8.2.6 Original temporary use pernits and any subse~uent
renewals not to exceed a cumulative period of one (1) year.
8.2.7 Any development order or developmerlt .....hose
current owner is entitled to receive, and who properly obtains, a
Deternination' of Vested Rights for Adequate Public Facilitie~l (IIAPFrI)
in accordance with the provisions of this section 8.2.7.
8.2.7.1 Application. An application for
Determination of Vested Rights for APF shall be submitted in the form
established by the Growth Management Chief. An application f.ee in an
amount to be determined by the Board of County Comrnissioneors shall
accompany and ba: part of the application. The application shi~ll, at a
minimum, include:
8.2.7.1.1 Nane, address, and telepho~e number
of the owner and authorized applicant if other than the owner;
8.2.7.1.2 Street address, legal description,
and acreage of the property; and
8.2.7.1.3 All factual information and
knowledge reasonably available to the o'....ner and applicant t'J address
the criteria established in Section 8.2.7.7.
8.2.7.2 Determination of ComoletenessL After
receipt of an Application for Determination of Vested Rights for APF,
the Gro....th Management Chief shall determine whether the application
submitted is complete. If he determines that the application in not
Complete, the Growth Management Chief shall notify the applicant in
writing of the deficiencies. The Growth Management Chief shall take
no further steps to process the application until the deficiencies
have been remedied.
8.2.7.3 Review and Determination or Recon~endation
bv Growth Manaaement Chief and Countv Attornev. After rec,~ipt of a
completed Application for Determination of Vested Rights for APF, the
Growth Management Chief and the county Attorney shall roaview and
evaluate the application in light of all of the criteria in Section
a. 2.7.7. Based on the review and evaluation, the Growth Uanagement
Chief and the County Attorney shall prepare a .....ritten recoI:unendation
to the Hearing Officer that the application should be denied, granted
or granted with conditions by the Hearing Officer. Such
recommendation shall include findings of fact for each of tha criteria
established in Section 8.2.7.7 to the extent that information is
presented or obtained or inclusion is feasible or applicabln. If the
Gro.....th Management Chief and the County Attorney agree based on the
review and evaluation that the Application for Cetermination of Vested
Rights for APF so clearly should be granted or granted with
conditions, then they may enter into a .....ritten StipUlated
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Deter~ination of Vested Rights for APF with the o~ner, in lieu of the
""ritten recommendation to the Hearing Officer and the provisions in
sections 8.2.7.4, 8.2.7.5 and 8.2.7.6. However, any such Stipulated
Determination shall be in writing, signed by the Gro....th Management
Chief, the County Attorney and the owner, and shall include findings
of fact based on the criteria established in Section 8.2.7.7,
conclusions of law for such criteria, and the determination gr.lntinq'
or granting .....ith conditions, in whole or in part, the vested rights
for adequate pUblic facilities.
8.2.7.4 Review and Determination of Vested ~
Determination for APF bv Hearina Officer. Upon receipt by the Hearing
Officer of the Application for Deternination ot Vested Rights tor APF
and the ~ritten recommendation of the Growth Management Chief and the
County Attorney, the Hearing Officer shall hold a public hearing on
the application. At the hearing, the Hearing Officer shall take
evidence and sworn testimony in regard to the criteria set fo~th in
Section 8.2.7.7, and shall follow the rules of procedure set forth in
Section 120.57(1) (b), 4, 6, 7, and 8. Florida statutes, and Section
120.58(1)(a),(d) and (i), Florida Statutes, and Section 120.S8(1)(b),
Florida Statutes, only to the extent that the Hearing Officer is
empowered to swear witnesses and take testimony under oath. The
Hearing Officer shall follow the procedures established tor
administrative hearings in Rules 600-2.009, 2.017, 2.020, 2.022,
2.023, 2.024, 2.025, 2.027, and 2.031, Florida Adrninistrativ~ Code
except as expressly set forth herein. The parties before the Eearing
Officer shall include the County, the owner or applicant, a:J.d the
public. Testimony shall be limited to the matters directly relating
to the standards set forth in Section 8.2.7.7. The County Attorney
shall represent th~ County, shall attend the public hearing, and shall
offer such evidence as is relevant to the proceedings. The ot.-ner of
the property and its authorized agents, may offer such evidence at th~
public hearing as is relevant to the proceedings and criteria. Th~
order of presentation before the Hearing Officer at the public hearing
shall be as follows: 1) the County's sur.unary of the application,
written recoTnI:lendation, witnesses and other evidencej 2) owner 0:::-
applicant witnesses and evidencej J) public witnesses and evidencej 4)
county rebuttal, if anYj and 5) applicant rebuttal, if any.
8.2.7.5 Issuance of Vested Riohts Determination for AF?
bv Hearinq Officer. Within fifteen (15) working days aft~r the
completion of the public hearing under Section 8.2.7.4, the Hearing
Off icer shall consider the Application for Determination of Vested
Rights for APF, the recommendation of the Growth Management Chief and
the County Attorney, and the evidence and testimony presented at the
public hearing, in light of all of the criteria set forth 1n Sectioll
8.2.7.7, and shall deny, grant, Or grant with conditions the
Application for Oetermination of Vested Rights for APF for the
property or properties at issue. The determination shall be in
writing and shall include findings of fact for each of the applicable
cr i teria established in Section 8.2.7.7, conclusions of law f'Jr each
of such criteria, and a determination denying, granting, or granting
with conditions, in ~hole or in part, the vested rights for adequate
public facilities.
8.2.7.6 Acoeal to the Board of County Commissioners.
Within thirty (30) days after issuance of the Hearing Officer's
written determination of vested rights for APF, the County Attorney,
the Growth Management Chief, or the owner or its authorized attorney
or agent, may appeal the determination of vested rights for APF of the
Hearing Officer to the Board of County Commissioners. A fee for the
application and processing of an owner-initiated appeal shall be
established at a rate set by the Board of County Commissioners from
time to time and shall be charged to and paid by the owner or itz
authorized agent. The Board of County conunissioners shall adopt the
Hearing Officer's determination of vested rights for APF, with or
without modifications or conditions, or reject the Hearing Officer's
determination of vested rights for APF. The Board of County
Commissioners shall not be authorized to modify or reject the Hearing
Officer's determination of vested rights for APF unless the Board of
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County Commissioners finds that the Hearing Officer's determinbtion in
not supported by substantial competent evidence in the record ot the
Hearing Officer's pUblic hearing or that the Hearing Officer'n
determination ot vested rights for APF is contrary to the criteria
established in Section 8.2.7.7.
8.2.7.7 Crt terra for Vested Richts. This section 1:3
intended to strictly adhere to and implement existing case law and
statutory law as they relate to the doctrine of vested rights and
equitable estoppel as applied to a local government exercising its
authority and powers in zoning, the provision of adequate public
facilities concurrent with development (concurrency), and related
matters. It is the express intent of Collier County to require
application of the provisions of this Ordinance to as much development
and property in the unincorporated areas of the County as is legally
possible without viOlating the legally vested rights which the owner
may have obtained in accordance with Florida co~mon law and statutory
law, particularly Section 163.3167(8), Florida Statutes. The criteria
herein provided shall be considered in rendering a vested rights
determination under this section. It is intended that each case be:
decided on a case by case factual analysis. An owner shall be
entitled to a positive determination of vested rights for APF only if
he demonstrates by substantial competent evidence that he is entitled
to complete his development without regard to the otherwise applicable
provisions of this Ordinance based on the provisions of Section
163.3167(8), Florida statutes, or all three of the fOllowing require-
ments of the three-part test under Florida corr~on law:
1) Upon some act or omission of the County, 2) a property owner
relying in good faith, 3) has made such a substantial change in
position or has incurred such extensive obligations and expenses that
it would be highly inequitable and unjust to destroy the rights
acquired.
8.2.7.8 Limitation on Deter~ination of Vested Richts
for APF. A Determination of Vested Rights fa:, APF which grants an
application for determination of vested rights for APF shall expire
and be null and void unless construction is commenced pursuant to a
final development order, final subdivision plat, or final site
development plan, within two (2) years after the issuance of the
determination of vested rights for APF under this Section 8.2.7, or
unless substantial permanent buildings have been, or are being
constructed or installed pursuant to a valid, unexpired, final
development order of Collier County within two (2) years after
issuance of the determination of vested rights tor APF under this
Section 8.2.7., and such d6velopment pursuant to a final development
order, final SUbdivision plat, final site development plnn, final
SUbdivision master plan, or planned unit development master plan is
continuing in good faith. The aforementioned biO (2) year time
limitation on the determination of vested rights for APF shall be
stayed during any time periods within which commencement of
construction pursuant to a final development order, final subdivision
plat, or final site development plan is prohibited or deferred by the
County solely as a result of lack of adequate public facilities to
serve the property, pursuant to this ordinance.
8.3 certificate of PUblic Facilitv Adeauacv.
8.3.1 General.
8.3.1.1 A valid, unexpired Certificate of PUblic
Facility Adequacy shall be obtained at the filing for the earliest or
next to occur of final SUbdivision plat, final site development plan
or building permit, provided however, any development orders except a
final local develop~ent order may be approved or issued provided they
are expressly conditioned on the issuance of a Certificate of Public
Facility Adequacy prior to building permit approval and provided the
owner and applicant proceed at their own risk and expressly waive and
release the County in writing from any and all future claims of vested
rights and equitable estoppel reSUlting from such conditional approval
or actions relying thereon.
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8.3.1.2 At the applicant's request, the County
shall revieW' and approve, or deny, an Application for a certificate of
Public Facility Adequacy prior to the consideration of an Application
for Development Approval for any development order needed for a
proposed development prior to receipt of a final sUbdivision plat
approval, final site development plan approval, or building permit
approval.
8.3.1. J Where the proposed development has been
issued final subdivision plat approval or final site development plan
approval prior to the effective date of this Ordinance, a Certificate
of PUblic Facility Adequacy shall be obtained prior to approval of the
next development order required for the proposed development.
8.3.1.4 All applicable impact fees and system
development fees for a development shall be paid into the Impact Fee
Escrow Trust Fund in the amount estimated to be due upon issu~nce of
the building permit(s) for the development upon or prior to issuance
of a Certificate at PUblic Facility Adequacy for the development,
except in the instance of a sirnultaneous application for a building
permit(s) and a Certificate of Public Facility Adequacy in which
case(s) all applicable impact fees and system development fees uill be
paid directly into the appropriate impact fee fund at the time the
building permit(s) and Certificate are picked up by the app~icant.
The payment of the estimated impact and system development fees into
the I~pact Fee Escrow Trust Fund shall be applied as a credit towards
the impact and system development fees calculated and du~ upon
issuance of the building permit(s) for the development. Impact and
system development fees paid into the Impact Fee Escrow Trust Fund
shall be refundable upon written request to the Growth Management
Chief accor:lpanied by the surrender of the original Certificate of
Public Facility Adequacy obtained prior to issuance of building
permit(s) for the development. Fees paid upon issuance of building
permit(s) in accordance with the applicable impact fee or system
development fee ordinances shall be refundable pursuant 1:0 the
provisions of such ordinances upon written request to the Finance
Director, Clerk of Courts.
8.3.2 Rules of General Aoolicabilitv for Certificate of
Public Facilitv Adeauacv.
8.3.2.1
of Public Facility Adequacy
Section a. 3 .1.1.
Timina. An Application for a Certificate
may be submitted at any time, subject to
8.3.2.2 Consolidated Aoolication. A building
perm~t, tinal subdivision plat or final site development plar. shall
recelve final approval only to the extent to which the proposed
development receives a Certificate of Public Facility Adequacy. The
Application for a Certificate of Public Facility Adequacy may be
submitted with an Application for Development Approval, where
appropriate under this Ordinance.
8.3.2.3 Assianabilitv and
Certificate of Public Facility Adequacy shall run
be assignable within a proposed development,
assignable or transferable to othe~ development.
8.3.2.4 Exoiration. A Certificate of Public
Facility Adequacy shall expire three (3) years tram the date of its
approval except to the extent that building permits have been issued
for the proposed development for which the Certificate is approved,
and the proposed development is then completed pursuant to thn terms
of the Collier County Building Code, provided:
Transferabi1it~ A
with the land. shall
and shall not be
8.3.2.4.1 For development comprised cf morc
than five hundred (500) residential dwelling units, or tor a phased
increment of development comprised of more than one hundred and fifty
(150) residential dwelling units, or for a cornmercial/indl1strial
development of more than 100,000 square feet of gross leasable ilrea, a
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Certificate of Public Facility Adequacy shall expire five (5) years
from the date of its approval except to the extent that building
permits have been issued for the proposed development tor which the
Certificate is approved, and the proposed development is then
completed pursuant to the terms of the Collier County Building Code,
provided the certificate holde~:
8.3.2.4.1.1 Obtains approval of its
Final Subdivision Plat and Final site Development Plan, whi.chever is
applicable, within twelve (12) months from the date of issuance of the
Certificate of Public Facility Adequacy; and
a. 3.2.4.1.2 Commences construction
ot. the infrastructure for the Final Subdivision Plat and Final Site
Development Plan, ....hichever is applicable, ....ithin twenty-tour (24)
months trom the date of issuance of the Certit'icate of Public: Facility
Adequacy; and
8.3.2.4.1.3 Completes the c:onstruc-
ticn of the infrastructure for the Final Subdivision Plat and Final
Site Development Plan, ....hichever is applicable, and records the Final
subdivision Plat in the public records of Collier Ccunty, if
applicable, within thirty-six (36) months fror.l the date ot' i!:suance of
the Certificate of Public Facility Adequacy.
8.3.2.4.2 For purposes of deter~ining the
expiration of a certificate of Public Facility Adequacy fo:: a r..ixed
use development, the size of the mixed use development shall be
determined by aggregating the percentage of the thr~shold for each
land use component identified in Section a. 3.2.4.1 that is proposed
for the mixed use development.
8.3.2.5 Effect. Issuance of a Certi1:icate of
Public Facility Adequacy shall deponstrate proof of adequate public
facilities to serve the development approved in the develop~Ent order,
subject to the conditions in the development order. A subsequent
Application for Development Approval for development apprcved in a
development order for which a Certificate of PUblic Facility Adequacy
has been approved shall be determined to have adequate public
facilities as long as the Certificate at' PUblic Facility Adequacy is
valid and unexpired. When a Certificate of Public Facility Adeq:uacy
expires, any subsequent Application for Development Approval shall
require a new certificate of Public Facility Adequacy to ::;18 issued
pursuant to the terms of this section prior to approval of any
subsequent development order for the proposed development.
8.3.2.6 Anything in this Ordinance to the contrary
notwithstanding, all Certificates of Public Facility Adequacy approved
or issued from the date that the Growth Management Chief presents the
proposed AS! boundary maps to the Board of county Commissil)ners, as
provided by Section 1.4.2.3, through the date that the bound3ries and
the Annual Residual Capacity Trip Allotments for each AS1 are approved
by the Board shall be expressly conditioned upon any and all
restrictions, limitations, provisions, boundaries and allotments
adopted by the Board of County Commissioners pursuant t~ Section
7.4.3.
8.3.3 Effect of Develooi":"ient Aareement in Con1unction
with a Certificate of Public Facilitv Adeauacv. Upon approval by the
Board of County Commissioners, any applicant may enter into a Develop-
ment Agreement with Collier county pursuant to the provisions of
Section 163.3220-3242, Florida statutes, in conjunction with the
approval of a development order and/or a Certificate of Public
Facility Adequacy., The effect of the Development Agreement shall be
to bind the parties pursuant to the terms and condition::. of the
Development Agreement and the Certificate of PUblic Facility Adequacy
in order to insure that adequate public faeilities are ava!.lable to
serve the proposed development concurrent with when the impacts of the
development occur on the public facilities." Development A'1reetlents
may address conditional development order approvals and condi-tians for
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renewal of the certificate of PUblic Facility Adequacy beyond five (5)
years, ho....ever, the duration of any certificate of Public Facility
Adequacy shall not exceed five (5) years. Development Agreements may
also provide for private provision of public facilities or for a joint
endeavor between the private sector and Collier County to provide
public facilities. Any public facility in the Five (5) Year Schedule
of capital Iml'rovements in the eIE on which such a Certificate of
Adequate Public Facilities is made in conjunction ......ith the approval of
a development order and a Development Agreement shall not be delayed,
deferred, or removed trom the Five (5) Year Schedule ot Improvuments
in the CIE.
8.3.4 Procedure for Revie~ of Aoclication.
8.3.4.1 Submission of Apclication and Fee~ An
Application for a Certificate of PUblic Facility Adequacy shall be
submitted to the GroW'th Management Chief. An application shall be
submitted at the filing of the earliest or next to occur of final
subdivision plat, final site develop~ent plan, or building permi~. An
application fee in an amount to be determined by the Board at County
Commissioners shall accompany and be part of the application.
8.3.4.2 Aoolication Contents. The forR. and
contents for the Application for Public Facility Adequacy shall be
established by the GroW'th Management Chief and shall be publishnd and
made available to the general public.
8.3.4.3 Determination of Comoleteness and R~
After receipt of an Application for Certificate of Public Facility
Adequacy, the GroW'th Management Chief shall determine whether it is
complete within three (3) business days. If it is determined th~t the
application is not complete, .....ritten notice shall be served em the
applicant specifying the deficiencies. The GroW'th Management Chief
shall take no further action on the application unless the
deficiencies are remedied. Within five (5) business days after the
application is determined to be complete, the Growth Management Chief
shall revie~ and grant, or deny each public facility component in ~he
application pursuant to the standards established in Section 8.3.5.
8.3.4.4 Anneal to PUblic Facilities Determil)At1.Qn
Anneal Committee. Within thirty (30) days after issuance of the
deter~ination of the GroW'th Management Chief on the Application for a
Certificate of Public Facility Adequacy,the applicant- may appelll the
determination of the Growth Management Chief on the Application tor a
Certificate of PUblic Facility Adequacy to the PUblic Facilities
Determination Appeal Committee. A fee for the application and
processing of an appeal shall be established at a rate set by the
Board of County Commissioners from time to time and shall be charged
to and paid by the applicant. The Public Facilities Determination
Appeal Committee shall hold a hearing on the appeal and shall consider
the determination of the Growth Management Chief and pUblic testimony
in light of all the criteria set forth in Section 8.3.5 of this
Ordinance. The Public Facilities Determination Appeal Committee shall
adopt the GroW'th Management Chief's determination on the Application
for a Certificate of Public Facility Adequacy with or without
modi! ications or conditions, or rej ect the GroW'th Management Chief's
determination. The Public Facilities Deterr:lination Appeal Committee
shall not be authorized to modify or reject the Growth Management
Chief's determination unless the Public Facilities Determination
Appeal COnu:littee finds that the determination is not supported by
substantial competent evidence or that the GroW'th Management Chief's
determination is contrary to the criteria established in Section 8.3.5
of this Ordinance. The decision .of the Public Facilities
Determination Appeal Committee shall include findings of fact for each
of the criteria.
8.3.4.4.1 Comoosition of Public Faci~
Determination Aooeal committee. The PUblic Facilities Determination
Appeal Committee shall be comprised of three (J) members: the Office
of Capital Projects Management Director, or his designee; Metropolitan
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12C 1
Planning Organization (MPO) Coordinator, or his designeej and the
Project Review Services Manager, or his designee.
8.3.4.5 Cancellation of Certificates. Upon
notification by the Growth Management Chief, or his designee, that an
application tor a Certificate of Public Facility Adequacy has been
approved and a certificate issued, the applicant shall have thirty
(30) calendar days to pick up the Certificate and pay all applicable
impact and system development fees. If the applicant fails to pick up
the Certificate and pay the appropriate fees within twenty (20)
calendar days of notification of approval, a second notification of
pending cancellation of the Certificate will be sent to the applicant
by certified mail. If the applicant does not pick up the Certificate
and pay all applicable fees within ten (10) calendar days of
notification by certified mail, the Certificate will be voided. In
such a case, the applicant shall then be required to apply for
issuance of a new Certificate. Certificates issued simultaneously
with building permits shall be voided if the applicant fails to piCk
up the building per~it and fails to pay all applicable fees within the
time period during which such building permit(s) remain(s) valid.
8.3.5 Standards for Revie'.... of 1\oolication. The
following standards shall be used in the determination of whether to
grant or deny a Certificate of PUblic Facility Adequacy. Before
issuance of a Certificate of Public Facility Adequacy, the application
shall fulfill the standardti for each Public Facility component
(Potable Water, Sanitary Sewer, Solid Waste, Drainage, Parks and
Roads) .
8.3.5.1 Potable Water Facilities.
8.3.5.1.1 The Potable Water component shall
be granted if any of the following conditions are met:
8.3.5.1.1.1 The required Public
Facilities are in place at the ti~e a building permit is issued.
8.3.5.1.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.1.1.3 The required FUblic
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of Subsections 8.3.5.1.1.1 and 8.3.5.1.1.2.
8.3.5.2 Sanitary Se~er Facilities.
8.3.5.2.1 The Sanitary Sewer component shall
be granted if any of the following conditions are met:
8.3.5.2.1.1 The required PUblic
facilities are in place at the time a building permit is issued.
8.3.5.2.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.2.1.3 The required Public
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of Subsections 8.3.5.2.1.1 and 8.3.5.2.1.2.
8.3.5.3 Solid Waste Facilities.
8.3.5.3.1 The solid waste component shall be
granted if any of the following conditions are met:
8.3.5.3.1.1 The required Public
Facilities are in place at the time a building permit is issued.
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12C 1.
6.3.5.3.1.2 The required Public
Facilities are under construction at the time a building pentlit is
issued.
6.3.5.3.1.3 The required
Facilities are guaranteed in an enforceable development that
the provisions ot Subsections 8.3.5.3.1.1 and 8.3.5.3.1.2.
8.3.5.4 Drainaoe Facilities. The Drainage
component shall be granted if the proposed development has a drainage
and water management plan that has been approved by the Environmental
services Oivision that meets the LOS for Capital Drainage Facilities
derined in Subsection 4.22.
Public
includes
8.3.5.5 Park and Recreation Facilities.
8.3.5.5.1 The Parks and Recreation component
shall be -granted it any of the follo~ing conditions are met:
6.3.5.5.1.1 The required Public
Facilities are in place at the time a building pe~it is issued.
8.3.5.5.1.2 The required Public
Facilities are under construction at the time a building permit is
issued.
8.3.5.5.1.3 The required Public
Facilities are the subject of a binding contract executed for the
construction of those Public Facilities which provides for
commencement of actual construction within one year of issuance of a
building pernit.
8.3.5.5.1.4 The required Public
Facilities are guaranteed in an enforceable development agreement that
includes the provisions of SUbsections 8.3.5.5.1.1,8.3.5.5.1.2 and
8.3.5.5.1.3.
8.3.5.6 Road FaciI i ties. The Road component shall be
considered based upon whether the proposed development is outside a
designated AS! or within a designated ASI.
8.3.5.6.1 Develooment Outside Desianated Area o{
Sianiticant Influence Lh,Sn or Where No AS! Exi~ts. For development
outside a designated ASI, or where no ASI exists, the Road component
shall be granted.
8.3.5.6.2 Oevelooment Within Desianated Area o~
Sianificant Influence (ASn. For development within a designated AS!
covering a potentially deficient road segment, the Road component
shall be approved, subject to available capacity, it it is
demonstrated the proposed development will not make the potentially
deticient road segment within the ASI a deficient road segment. In
the instance where the proposed development will create a deficient
road segment, a Certificate of Public Facility Adequacy tor the road
component shall be approved only for that portion of the developnent
that does not create the deficient road segment. For developnent
within a designated ASI covering a deficient road segment, the road
component shall be approved only for that portion ot the development
that does not increase the net trips on the deficient road segment and
does not further degrade the LOS of the deficient road segment.
SEC. 9
LIBERAL CONSTRUCTION. SEVERABILITY. AND PENALTY PROVISION.
9.1 The provisions of this Ordinance shall be liberally construed
to effectively carry out its purpose in the interest of the public
health, s3fety, welfare and convenience.
9.2 If any section,
is for any reason held
competent juriSdiction,
phrase, sentence or portion of this Ordinance
invalid or unconstitutional by .any court of
such portion shall be deemed a separate,
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12C 1
distinct, and'independent provision, and such holding shall not effect
the validity of the remaining portion.
9.3 A violation of this ordinance shall be a misdemeanor
punishable according to law; however, in addition to or in lieu of any
criminal prosecution, Collier County shall have the po....er to sue in
civil court to enforce the provisions of this Ordinance.
SEC. 10. EFFECT OF PRIOR REFERENCES TO PREVIOUS ADEOU~TE PUBLIC
FACILITIES ORDINANCE.
All references in any documents whatsoever to the previous
Adequate Public Facilities ordinance (Ordinance 90-24, as amended),
superceded and repealed hereby, shall constitute a reference to this
Ordinance.
SEC. 11. REPEAL OF PREVIOUS ADEOUATE PUBLIC FACILITIES ORDINANCE.
Ordinance Number 90-24, as amended, known as the Adequate Public
Facilities Ordinance, adopted on March 21, 1990, by the Board ot
County Commissioners ot Collier County is hereby repealed; provided
however, as set forth in Section 10 above, any references to such
prior Ordinance shall be deemed a reference to this Ordinance.
SEC. 12 EFFECTIVE DATE.
This ordinance shall become effective upon receipt of notice trom
the Secretary of State that this ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Florida, this ~ day of
"Jr/I.1P1'T\r".'I'"
, 199'3.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Marj~ie M. student
Assistan~ County Attorney
By:
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BU T L. SAUNDERS
CHAIRMAN
- 24 -
Doc. Ref: 6515
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