Resolution 1997-47912(;1
12-16-97
RESOLUTION NUMBER
DEVELOPMENT ORDER
97-479
97-5
A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS
AMENDED, FOR THE TWELVE LAKES DEVELOPMENT OF REGIONAL
IMPACT {DRI), BY PROVIDING FOR; SECTION ONE A, AMENDING THE
PHASING SCHEDULE BY EXTENDING THE TIMES FOR COMPLETION OF
EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH
PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE
DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR
COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT
FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3,
TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO,
FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL
DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW;
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida,
approved development Order 87-1, which approved a Development of Regional
Impact (DRI) known as Twelve Lakes on February 10, 1987; and
WHEREAS, as a result of changes requested by the Department of Community
Affairs, the Board of County Commissioners approved Resolution Number 87-110,
which amended the Twelve lakes Development Order, on May 19, 1987; and
WHEREAS, the Application for Development Approval (ADA) was incorporated
into and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to:
1. Extend the date by which physical development is to begin.
2. Modify the proiect phase dates.
3. Extend the dates until which down-zoning, density reduction, or
intensity reduction shall not occur
4. Reduce the permitted residential and commercial development intensity,
and to
5. Update the Transportation Conditions; and
WHEREAS, William R. Vines, of Vines and Associates, Inc., representing
Words ~h'~ are additions;
Words ~t~ .... ~-- -
u,.,. ~,,,uu~h are deletions.
Richard K. Bennett, Trustee, NationsBank Land Trust #5222, petitioned the Board of
County Commissioners of Collier County, Florida to amend the Development Order;
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 public hearings on the petition on September 4,
1997 and November 20, 1997, and
WHEREAS, the Board of County Commissioners of Collier County has reviewed
and considered the reports of the SWFRPC and the Collier County Planning
Commission and held a public hearing on the petition on December 16, 1997.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Collier County, Florida, that:
~ECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. The Phasing Schedule of the Application for Development Approval,
Exhibit "B" to the Development Order 87-1, as amended, for Twelve Lakes is hereby
amended to read as follows:
Total
Please D_uca/JoJ3 Dwelling Units C&~:t~F, JA[_ALP~
I ~'~Q2~ 2G~25.0 0
H ~2,0103~2.0~ --2e-725o o
III ~~Q05~2006 ~012'Q0 11.25
v ~2009~20.~0 ~O~ !50 0
Buildout Total ;,31CT;0~ 11.25
Note: Each of the above listed phase end dates terminate on D~-ntmf-SeMaY.i~3 8, of
the listed year.
B. Paragraph 3 and Paragraph 7 of an untitled Section of Development
Words ~i~_ are additions;
Words st~ are deletions.
Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows:
3. The Development Order shall remain in effect for the duration of the
proioct. However, in the event that significant physical development has not
commenced within Collier County within ten {10}thirteen [13) years,
development approval will terminate and this Development Order shall no
longer be effective. For purposes of this requirement "significant physical
development" does not include roads, drainage or landscaping but does include
construction of buildings or installation of utilities and facilities such as sewer
and water lines. This time period may be extended by the Board of County
Commissioners upon request by the Developer in the event that uncontrollable
circumstances delay the commencement of development.
7. The Board of County Commissioners agrees that this project shall not
be subiect to down-zoning, until density reduction or intensity reduction for a
period of ten {10)thittee'n'ii!(!3) years from the date of approval of this proiect,
unless the local government can demonstrate that substantial changes in the
conditions underlying the approval of the Development Order was based on
substantially inaccurate information provided by the Developer, or that the
change is clearly established by local government to be essential to the public
health, safety or welfare.
C. Section 3, "Transportation", of Development Order 87-1, as amended,
is hereby amended to read as follows:
3. TRANSPORTATION: Traffic generated by Twelve Lakes DRI, when
combined with other growth in the area, will necessitate improvements to SR
84 (Davis Boulevard)j Rai~liO:RO'~id, Saiita;Ba'rbara Boulevard and County Barn
Rbad if adopted level of service "C" conditions are to be maintained.
The County has adopted a Ruad,,,,~a~.t .... ;'~ Ordinance ~u,u.,a,..~ ,,uu-,.,u~ and
any amendment thereto, foeo,, ........... u~v.,u~,,~ent at Twelve ...... ~o~. Thase impact
f~o, tooetheF v.,th that ~u, uu,, ~, ~a$o',i~e taxes and
genecatod from the proiect, and programmed for road ;mprovements, together
with .............. ' ...........
coc, U,~ut~ons ~pecified ~ - a
transpo~at~on '
,,,,po~,~ reasonablyo,,, .......... ,~,au,~'- to the development.
...................... pp:~t
successors, ~,,o,FFo~ ,[, proportionateo,,a,~ u,-' the improvement5 c, eed~d to
male, rain .................
segmec, t~ of State Road 04
~qulred by t,he developer;
Regional Conditions:
The:aPplicant or his successors or assigns shall be fully responsible for
site~telated roadway and3ritersection! improvements required within.the
~Welve;!Lakes::.DRI; The applicant shall be required to pay ItS
p:op'ortiOnate:/sharelof~:;:.the 'COst for any intersection improvements
(including but not limited to signalization, turn lanes and additional
Words ~haded are additions;
Words ~t,u-~k through are deletions.
through lanes) found to be necessary by the Collier County
Transportation Department or the Florida Department of Transportation
for the project's access intersections onto Davis Boulevard ani:[;Radib
Road throughout all phases of the development. The site acces~!j:)'bih't~
Shall.be IdcateSand developed c6nslstent,wlth Coll[erlCountY'S';br:tli~
Fldrlsa Departi~ient of:TransPbrtatlon's',access management starida'rd~
a nd 'pe rrnit '~e ~ul ri~e'nts;
Adequate commitments shall be made b'~.;COlller CountYior~theaj3'pl~i".rit
a$;~peCifi~d:h~i;~in to provide the total improvements, including
limtted ~o right-of-way, signalization, turn lanes, and other improvements
deemed necessary bY~COllle~/~C~U~?0~;:the :Florida,' Depa~'~t'~
.... h' ~ ............. ~,~
~ah'~portatioh to maintain t e;~-;ad0pted Level of Service "C",
uo,,~ on the roadways and intersections
significantly impacted by this DRI development through its buildout.
d ' pact .............. g 'f'
~'-= ~- DOT -- ...... the a~rr,[Gg
.~,,,=u ~6 3~ ~,,u~u.,~= [The following roadways and
intersections are expected to be ~~ignifiCaQtly impacted by
this development { %~:Of~t e;~8op[8~::ieWl'of se~ ce capa'cl~ ;'of tSe
adopted level
~t~'da~d~prlor to ProJebt~ ;t'~ buildout.
~Roadways:
SR84 fDavis Boulevard]
Airport-Pulling Road to Kings Way
Kings Way to County Barn Road
County Barn Road to Santa Barbara Boulevard
Santa Barbara Boulevard to Twelve Lakes south entrance
Twelve Lakes south entrance to TWelve Lakes north entrancec-R
Radio Road to (CR 951) Isles of Capri Road
CR 856 (Radio Road)
Akpor~ '"
, ~, ..... u ,,'~o,~ ~o K~rigs Way
I~"IU.~ ''oy to .Santa Oarbara~,~.~,~ ~ ..........
Santa Barbara Boulevard to Twelve Lakes Entrance
County Barn Road
Davis Boulevard to Rattlesnake Hammock Road
Words ~§~de'd. are additions;
Words ...............
~L,u~. LJ.UU.~,, are deletions.
4
Santa Barbara Boulevard
GOlden. Gate Parkwa~.'ito .Ri~ll0'ROad
Intersections:
Davis Boulevard at CR 951
Davis Boulevard at Radio Road
Davis Boulevard at Santa Barbara
Davis Boulevard at County Barn Road
Davis Boulevard at Kings Way
Davis Boulevard at Airport-Pulling Road
Airport-Pulling Road at Radio Road
Radio Road at Kings Way
Radio Road at Santa Barbara
Sahta~
{Conifer Co~,~ty} Met~opo;;tar, P~ar,~n~ Orgar,~za~or,. ~DOT. DCA. and
co~,m;tt~d fur, d~r,~, or p:~r,r, ed ........................ assur~ ........
.... ~h
~,., Phase5 Il t,,rou V. ~-,,,~ report .,,,--'" b~ equ,valent to ar, uFu~o
t,he applic~,t's ADA ~soess,,~ent of Quest;on 31 ~n the
q~est;onn~ffes, documec, t;~ cobb, it.,er, ts ;n approved
p,u~,o,,,~ tu ,u,,u ,utu[~ ,uau,,av i~,prove~ef, ts requ;red ~ -'-- Phasea
" gh V.
:PrreTiming for the initiation of the improvements outlined in
recommendations "b" above shall be made at the time that a road
segment/intersection is found to exceed the level of service standard
adOpted, in the local comprehe'ns[ve Plan"C" o,-, a,-, averaoe da;:¢ basis.
Service level determination shall be made by the appropriate County
Department or FDOT. To determine the existing levels of service on
regional facilities and the need for the improvements in a timely manner.
the applicant shall submit an annual monitoring report to the Collier
County Transportation Department, th~Flbtida Department of Comi'nunity
Aff~irs.i.'{DCA)0: FDOT and the Southwest Florida Regional Planning
Council for review. The first monitoring report shall be submitted one
year after the issuance of the amende'diD.eVelopment Orderfirst
peCn-,i[s for Twelve Lakes. Reports shall be submitted annually until
buildout of the project. At a minimum, this report shall contain: trafffc
counts and turn;n~ n~oven-,er, ts 'to~=,"--, a~ the access poic,~5 to t,%e $;[~ aL
each of the ',,,t=, a=,.t,u,,~' .... ,,~tou? .... above in recom~-,er, da[ion
PM:peakJhour tu!:nln~ mo~bmbrit.i:c0unts at all site access points
OntiS?.,.!.Dii'~l~:..E!6o!e~a'[di.~'hd!;i~iRedio''. Road:; and'i, the off,site
inta'rsectlohs' !dent!fled itn:dOndit[ori. 3. b; abOVe.
ii:
Estimated existlng levels of service'at the Intersections and on the
road segments' identified in C0ndition 3:b. above.
Words ~!~'~ide'd are additions;
Words ~ are deletions.
5
iii.
Estimated future.levels, bf ser~lceat the intersections and on the
road segments- identified In ~C0nd[tion 3.b. above, based on'a one
year pt0]ectlon of fbtU~elv'010rne~~.
iv. An estimate of the prolect~s existing trip generation.
The ArinUal Update end InVent0~. R~port (AUIR) referenced in condition
3;g~haU bo subsflfuled, fof f, he-e~mafe' of ex~stlng ~els of sea;on
the ~n~red roadW~
In the event thatno residential dwelling units are occupied within.the
DRl,~.~'a".'~l~tt~i~:~doddi~ieh'ti~g~'~h'e~i'd(~g~l~pment i' status', on'~site
~nSl'de'red an"§~C~l~table~'~'epl~'e~nt~it'5~'the 'above traffic:'monit0rlng.f0r
that ~ear:
The 'a hove traffic, monit0i~i~f~"i teport;~.ih.'.cOmbination with
UPdatelend IhVento'r~ Re~O'rt"'(AtJ!R) ?(~fe'fe"nced in C0hditlon
rePreSent~ thO"annual tr§ffi~~i~'bhit~rii~'g3~e,qulrements for TWelve LaE~'~
The purpose of the monitoring report shall be to indicate when the
adopted LOS "C" is expected to be exceeded on impacted roadways
and/or intersections and to provide updated information to more
accurately forecast proiect buildout traffic and total traffic for
determination of proportional share and to show the significance of
impact of the DRI on the impacted roadways.
Based on the staff transportation assessment, construction of the
following road improvements b~Ec'~'e~t~ble alternatives shall be needed
prior to, or coincident with, the development of Twelve Lakes DRI if
ad0~'~ed level of service "C" conditions are to be maintained throu'l~h
b~ildb0t:?(201.0)~!'!0~i~'~Ignlf[~:~ritf~'~?~Irn~acted roadWay segments-!'ahd
intersections.
Regional Roadways (including intersection improvements)
Phase I (1992-200288--~t9~)
~n~a D~rbara
No significant improvements due
to Twelve Lakes DRI ero
anticipated.
Phase II (1993-20046-9--1-99-2)
No significant ~ improve-
ments due to Twelve Lakes DRI
are anticipated.
Phase III (1994-200691-1gg4)
SR 84 (Davis Blvd.)
Widen to foursix lanes with a
median from Airport-Pulling Road
,,,,,u~ Way;
mad;an from ' ..... ;;'ay to
County Barn Road.
Widen to four lanes with a
Words shaded are additions;
Words
,~,u,.,~ ~;~uu~j~ are deletions.
Phase IV (19~t,~2D08C3-I CCC)
SR 84 (Davis Blvd.)
Phase V (1
County Barn Road
Words l~:r,~ are additions;
Words ~ are deletions,
median from Radio Road to CGR
951.
Widen to four lanes with a
median from
~[.~{J~[~ Twelve Lakes
entrance to,,ou,u""
from Santa
Road may requ;r~
~E;~i;¢;: R~a ~,. ~,~,, ,,y Darn
presently operates at LOG A, ,however
w[th a d~gradat;on ;r, LOS on Dav;~
County Dam ,qoad co~:d
Radl0 ROad.
............. by FDOT'; --~
~b)
~f ~uch prog(a,-r,n-,ed lmprovemer, t is de:~ed fforr, sam five yea~
,,,~ y-ear~ pa~ ......... ,,,,,,u~, the ~tart of construcbon of
pr~or t~he cor, strucdo,~ of ~he progra~,~,ed l,,~prove,,~e,~t; ther, - '~ ..... '-' ~ ..... '-- -~-" be ........ have ........
that th6 a~,er, ded develop~,enZ order ~
o~ths ........... that - ~ubsta tJat
~,,a pFOpOFtiOr, aJ 5har6 uf COSt ~fao,u .... ,uauvv~y a=~,~,u,,~ Of
address;r,g the sta[u~ of t,he r, eeded road,~ay lmprovemer, t~, arm
the step~ r, eeded ,~ ......,,,,~,=,,,=,,, ti,ese ~rr, prove~nt~. The
~vMed that ~he amended deve:opmer, t
or, e year of theuat= .... the *uu~ta, ..................................
.... b~ ....... C
The applicant shall midgate its impacts on the regional and local roadway
and lnte'rsections identified herein as follows:
The appliCant shall make'the site related improvements specified
in 3,a; hereof,
ii.
Th~ 'aPl~licant'sha'll;~p~aV~!t'S;: P(d~'[on§te share'; of intersection
l~l~rovet:nehts af its ~bcess':P0i~t§!te:PObliC"i~da'dwaYs"sPeCtfii~d in
iii, The: applicant shall.i.:be:.: subject: to ali lawfUlly adopted
transportation ImpaCt fees;
iv.
The:applicant shall be sub]ect, to:the Concurrency Management
System of the COunty as set forth; herein,
f. The regional roadWay segments and int~rSeCtlons on which this proiect
Words shaded are additions;
Words
,,., u. ~ ,., ,, uuu,, are deletions.
8
12{;1
has significant impacts~ a~el Wh011Y,~lthTi~',the jddSdictlon of Collier CountY
forP Urpb'Ses Of 'cOni::urreh'dy"~'~a'~i'~g'e'l~l','~i't:~ i.. The CounW has made'the
decision to'.'plati for and manag'~"tl~ii!~'~abt~:ii'~f this DRI through its duly
adoptedC0m~)rehensive plah';~:.!;~h"ei~.i~'~:~tY~ has' consldered the regiohal
roadway Segments and re[ji0r~§! '~6-bdwa~ intersections set forth in 3:b,
he~eof, and haS:'determined to?a~qi~ite the Project to be subject to and to
c0mp[y With the ConcurrenCy!~Management System (CMS) of Collier
County as adOPted in, its GrOWth. Management Plan and implemented bY
the'Adequate Public Facllitles:'Ordir~ariCe'.~(APF) Ordinance No. 93-82, 'as
amended~'~:~:After.due C0nsldei~atiiSlho'f~tt~'~.'bltematives, the CountY has
determined 'thAfto 7eqUire~c~'jJli~i:~b~e i~]tl~'~o'ncurrenCy as ma ndated by
the lCMS2in,addi~lon t0' the 0~he~,imitljjatt~ns required in 3.f, hereOf;iS
the apP'~optlate.~va¥' t0 accomm'od~ate'.'[he~impacts of this project and to
assure that tran~P0rtatlon'fa'Cilltli~ 'ar~ Prisvlded conCurrently wlth"tl-ie
transportation impacts of this Proiect.
The Adequate Public. Facilities'iOrdinance {APF} requires the GroWth
Management Director,.to complete ~'aniAnnual Update and Invehtoi'y
RepOrt (AUIR),bYiAugbst,.~lSt',iOfie'ach.~at.!,'on roads and public facilities
based 'od ~the~'~do'Pted'le'~el"0f ~'~ici)~Thi~iCoUntyShall provlde'wlthii~
fifteen (15) days Of pUblicatl~h.'eabh:¥e'at~"a copy of said AUIR
regionall facilities'.Set ~fOrth in"3ob: !t0~the':SOuthWest FIorlda Regi0'h'~l
Planning Council and the Florida l DePartment of Community 'Affairs
(DCA).
The. Board of County CommisSioners is required by the APF to establish
Areas of. Significant. lnfluence!(ASl) around any .road segment
interseCtion'which.is Operating at'an~Uhacceptable level of service (LOS)
or'IS~p~0]e~ted~t0 0perate"a~,a~'~i'na'~t~[I/I. OS and is inet scheduled~f6r
Impi;ov~'ent.{~ih.!i;th~.ic~'p~t'~!i~il~jS't.~b~'~n~ent 'Element. {CIE) 0f?;~'the
Comprehensive Plan in e~ manner and fi/~i~ Which would provide facilities
Concurrent with the;ImPacts ~{>f?dev~lOpment pursuant to the"APF;
Prelects within the boundaries'Of'an ASl:are, with a few excepttonsnot
relevant herein, prohibited from obtaining further Certificates of Public
Facility Adequacy that would allow impacts to exceed the remaining
capacity, if any,' of these road' segments 'or additional impacts to thee
deficient or potentially'deficient:~facllity, The applicant shall notify
SWFRPC and DCA within five (5) :Worklng days after receipt of notice of
a pUblic hearing to determine'the boundaries of any ASI on any facilities
listed In Section 3.b. hereof.
If any of the road segments identified in this paragraph 3.b. become
deficient, the County shall establish an Area of Significant Influence
around such segment pursuant to criteria set forth in the APF.
j. In addition to the provisions of the Collier County APF Ordinance:
The Twelve Lakes Development of Regional Impact is subject to
the specified requirements Of:.:the' Adequate Public Facilities
Ordinance No. 96-53, as',that O~dinance existed!on.the effective
date hereof. Any amend~ent::~O',the transportatt0n;ilportions 'of
that' OrdinanCe by COllier c0'unty ~hall not be effectlvi~ 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.
ii.
in the event that Collier County designates an ASI around a
deficient road. segment~that'IsyPredicted to be substantially
Words shaded are additions;
Words struck through are deletions.
9
Impacted by Twelve LakeSi':end the ASI does not Include this DRI,
then'the'applicant Sha!l b~'t'{~(Jlted ~to filea Ndt~c~0f Chaifi~§:5'f
this~.~'D~Velopment~ ;-O~d~'~;~it~ii~"COlI[ar County';~,~the"' Sb0thwe-~t
FI0rlda~ ::Reglonal ~ pla'i~ning;;~:cbbncil, ? end the '!~ Departrne"~t~.i3~f
Community AffairS, putsuant'tO'Subsectlon 380,06{1
StatuteS,
The applicant shall file 'a' Noticeof Change within Sixty {60)
frb'm.'the!date the'.C0Unwici~e§te~!~n'~ASI for such 'a' cleficieht!
seg~h~nt'that eXclude Sil;th'eDRl~l~e:.applrCant'shall ifile'~igith~.t~ii
NOtlCO'~0f. Chance a~ Cgti~re'i~t".ti~affi~,iah~lysls~ arid ~0th'er~iinfo'rrh~tl~ii
attempting tO: establiSh=r:thati~th~'~DRI Is'~not having:
ImpactluPOn the'~artlfferit~.tO~d'i'~g~ffient,"ot other ]uStifiCatib'~f
the'Cobr~W's exclbslbri'/i3fl th~ .DRIi from the' ASl.'i~r' If a'n'~AS[~1~
established for any deficient road Segment listed in Paragraph
of this Development Oi, derthat'~0eS not include the Twelve [:al(es
DRI, the DRI' shall!:n0t aP'j~l?!=:for or be issued any."further
Certificates of Public FaClllW Adequacy until: (1).the
Change decision is rnadebYColller County, if neither DCA~hor
SWFRPC Participates~;iln=.the"~pUblic hearing on this Notice'~of
Change.pursuant to,Subsectioh!380.06(19](f}, Florida St~tdtes;
and the change isad0pted byCOllier County, as proposed; oE"(2)
if a written objection .v~as filed bY' either DCA or SWFRPC,'until
the deadline for any appeal of the Collier County decision has
expired pursuant to Section 380.07, Florida 'Statutes, and no
appeal has been filed.
iV.
For purposes of this Development Order, the DRI sh~ll be deemed
to have a significant impact upon a deficient road segment if its
traffic impacts exceed five Percent (5%) of the peak hour, peak
season adopted level of service capacity of the roadway.
Vo
The County shall provide the requisite public notice and hold a
public hearing on the Notice of Change as expeditiously as
possible. Following a public hearing, Collier County shall amend
the DRI Development Order to record its determination whether
or not the DRI is having a substantial impact upon the deficient
road segment or otherwise should not be included within an ASI
for the deficient road segment. In making this determination, the
CountY.shall include the impacts resulting from all development
to occur pursuant to the Certificates of Public Facility Adequacy
previously issued to the::DRl. The amendment of this
Development Order is appealable pursuant to Subsection
380.06(19) and Section 380.07, Florida Statutes.
vi.
If neither DCA nor SWFRPC objects in writing to the Notice of
Chance pursuant to Subsection 380.06(19)(f}, Florida Statutes,
and the change Is adoPted by. Collier County as proposed, the DRI
may be issUed Certificate~ of P~ublic Facility Adequacy following
the County's DeVelopment Orde~ decision. If either DCA or
SWFRPC submits'a wrltten 0biection to the Notice of Proposed
Change prior to the public hearing, the applicant shall not apply
for or be issued Certificates of Public Facility Adequacy until the
deadline for any appeal of the Collier County decision has expired
pursuant to Section 380.07, Florida Statutes, and no appeal has
been filed.
Collier County and the applicant may consider other options to provide
Words shaded are additions;
Words s'h'oci~-h'~ are deletions.
10
adequate, commitments '; f0r 'needed i improvements to transportation
facilities $'et*~fOrth in 3.b. hereof;~provided that said options meet the
following criteria:
The transportation impacts to.the.roads and intersections outlln~d
herein shall be addressed consistent with SWFRPC policies and
said options or mitigative'measures shall be adopted~ln
accordance with Sectlons.'163;3220, Florida Statutes;'i'.Which
requires a'Local Government' Development Agreement ~and~a
commitment by the applicant'and/or the local government?t~i
insure concurrency on all significantly impacted regional toads;
ii.
Any such option shall only be implemented after a Notice of
Change procedure as outlined aboVe.
Local Conditions:
The developer shall be bound by the phasing schedule in the ADA insofar
as it calls for the development to proceed ~-thefrom north s~de to south
(beginning near Radio RoadRad~o) and not provide access to Davis
Boulevard prior to development of ~Phase 3f.
bo
All parcels abutting the main collector road and having direct access to
it shall have self contained turn around areas or circular driveways so as
not to require vehicles to be backed into the right-of-way. The
residential sites located along the principal street between Davis
Boulevard and Radio Road should be limited to the number of driveway
access points (maximum of one drive every two hundred feet). (The
proposed layout could possibly permit one drive every 40 to 60 feet on
a collector street.)
Co
The main collector road shall be constructed to collector road standards
as provided in the Subdivision Regulations.
d .e~-.
The developer shall provide between 20 and 35 feet of additional right-
of-way (the exact amount to be determined when right-of-way permits
are applied for) along the south side of Radio Road and the north side of
Davis Boulevard for drainage improvements, bike paths and appropriate
turn lanes to serve the proiect.
These improvements {b-de above) are considered "site related" as
defined in Ordinance 85-55-92-22, as amended, and shall not be applied
as credits toward any impact fees required by that ordinance.
A sidewalk/bike path should be provided along the entire frontage of
Davis Boulevard and Radio Road. Subject to FDOT approval, the
developer shall provide a sidewalk/bike path within the right-of-way and
abutting the south/north boundary of the property. If existing right-of-
way is not adequate for construction of said sidewalk/bike path, as
determined by the County Engineer and/or FDOT, the developer, his
successors or his assigns shall provide such right-of-way or easement as
is necessary. Sidewalk/bike path will not be required until a
sidewalk/bike path network is existing and provides pedestrian/bicycle
transportation to useful places within the area as determined by the
Words shaded are additions;
Words struck th,-ough are deletions.
11
County Engineer. Construction of the sidewalk/bike path will not be
required by the developer if it is constructed as part of FDOT's
improvements to Davis Boulevard {SR-84). Prior to approval of the final
phase of construction, if the sidewalk/bike path has not been
constructed, the developer shall provide the necessary right-of-way or
easement and, at his option, construct the sidewalk/bike path, or post a
bond in the amount deemed necessary by the County Engineer to insure
the sidewalk/bike path will be constructed, or make payment to the
County for the cost of sidewalk/bike path improvements at the current
cost of construction as determined by the County Engineer. If the latter
is chosen~ the County would then be responsible for construction as part
of a County-wide program.
A street connection shall be provided to the west property line to
connect to Sabal Lakes PUD along the north half of the west property
line (approximately 1,900 feet south of Radio Road) as shown on the
PUD Master Plan.
The streets shall be public.
A buffer and additional rear-yard setback shall be provided along those
lots abutting Davis Boulevard and Radio Road.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed amendment
is legally described as set forth in Exhibit A, attached hereto and by reference made
a part hereof.
Statutes.
C.
The application is in accordance with Section 380.06(19)0 Florida
The applicant submitted to the County a Notice of Change to Previously
Approved DRI known as Exhibit B, and by reference made a part hereof.
D. The applicant proposes the development of Twelve Lakes on 262.33
acres of land for a residential and commercial development which includes 1,000
dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area
on 11.25 acres, and approximately 141 acres of other uses, including parks/opon
space, golf course and associated facilities, wetland preserve and lakes.
E. A comprehensive review of the impact generated by the proposed
changes to the previously approved development has been conducted by the
County's departments and the SWFRPC.
F. The development is not in an area designated an Area of Critical State
Words sh~de'~ are additions;
Words str,~ck thro,~gh are deletions. 12
concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
G. The proposed changes to the previously approved Development Order fall
within the parameters for extensions of buildout pursuant to Subsection
380.06(1 O) (e)2., Florida Statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do
not constitute a substantial deviation pursuant to Section 380.06{19}, Florida
Statutes. The scope of the development to be permitted pursuant to this
Development Order Amendment includes operations described in the Notice of
Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference
made a part hereof.
B. The proposed changes to the previously approved development are
consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not
unreasonably interfere with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development are
consistent with the Collier County Growth Management Plan and the Development
Regulations adopted pursuant thereto,
E. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
A. Except as amended hereby, Development Order 87-1 shall remain in full
force and effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order <)7-5 shall be transmitted
immediately upon execution to the Department of Community Affairs, Bureau of Land
and Water Management; and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
Words t~l~'~aU are additions;
Words -~[~uc~, [~,~oug:-, are deletions.
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12Ci ' ,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and majority vote.
Done this
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
.;]' ,..:'i,,'A?TEST: ,..... .,'
,, ~;" DWIGHT E,' BROCK,. CLERK
· -~."- ! :-,. OV ! F M ND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Words ~,FJ~I~ are additions;
Words ~[,-~ck ;~%r~u~h are deletions°
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