Resolution 1991-207/DO 91-3
RESOWTION NO. 91- 207
DEVELOPMENT ORDER 91- 3
FEBRUARY 26, 1991
DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA FOR COLLIER TRACT 22 PLANNED
UNIT DEVELOPMENT LOCATED IN SECTION 22, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA:
Clifford B. BarkSdale, Senior Vice President of
Development Corporation, filed on May 10, 1990, with the
in accordance with Section 380.06(6), Florida Statutes; and
WHEREAS, Collier Development Corporation has obtained all
condi tional approvals from the various
departments, and boards required as a
Development (PUD) zoning and DRI
and
WHEREAS, the Board of County Commissioners as the governing
ot the unincorporated area of Collier County having
Florida statutes, is
.,.~,authorized and empowered to consider Applications for Development
.J/:i-~~;'"
'.' . Approval (ADA) for Developments of Regional Impact; and
1',- ,
.:'....:..,
-i!::,,' , WHEREAS, the public notice requirements of Chapter 380 and the
i:~';~;
.;(~'(:ollier County Zoning Ordinance have been satisfied; and
~:~~-,
;,,,7:' WHEREAS, the Collier County Planning Commission has reviewed
:!
. and coneidered the report and recommendations of the Southwest
Regional Planning Council (SWFPRC) and held a public
on the ADA on February 7, 19911 and
County Commissioners has passed
26, 1991, which rezoned the subject
"4
operty to POD; and
WHEREAS, the iss'.;;,ance of a development order pursuant to
.\." l'
,:~_ 'Chapter 380.06, Floridu statutes, does not constitute a waiver of
il.:;;~" ~
~~;"-;'any powers or rights regarding the issuance of other development
;~ ~ :;:
.~~rmits not consistent herewith by the County or State; and
~~~i WHEREAS, on February 26, 1991, the Board of County
. 000 PAm 37
The
applicant
submitted
to
the
County
an
ADA
and
FEBRUARY 26, 1991
at an open public hearing in accordance with section
Florida Statutes, considered the application for
Impact submitted by Collier Development
",,')"Corporation, the report and recommendations of the SWFRPC, the
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'certified record of the documentary and oral evidence presented to
Collier County Planning commission,
the report and
};',
'."';.the record made before the Board of County Commissioners at said
. :~l_~, ,
. ~~~etinq, the Board of County commissioners of Collier County hereby
.,~- -' >~:
. . ',,"imakes the following Findings of Fact and Conclusions of Law:
,'_t'
'2,1.,
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';,: ~";
of the Collier County Planning Commission, the
of Collier County Staff and Advisory Boards, and
FINDINGS OF FACT
1.
The real property which is the subject of the ADA is
described as set forth in Exhibit "A", the Planned Unit
tor Collier Tract 22 attached hereto and by
made a part hereof.
2. The application is consistent with Section 380.06(6),
'~~~
X~' 3.
J,'.l:itficiency responses, hereby referred to as composite Exhibit "B,"
~.;...
.. ;cwhich by reference thereto are made a part hereof to the extent
~':~::.~, ~
~~that they are not inconsistent with the terms and conditions of
'}~;'thi. Order.
........
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1 (~,'
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, (1989).
4.
The applicant proposes the development Collier Tract 22
\j;"
"~lanned Unit Development for 506 acres which includes: 61.6 acres
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'ot:.:couercial us.. to include 174,000 square teet (gross floor
'._'~' ~;" 'f'
",,,'; ;'area) ot office commercial, 270,000 square feet (gross area) of
,Jh,
tl"~ retail commercial, 385 residential dwelling units, 18 holes of
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""':~olf, and 184.1 acres oi road R.O.W., conservation, lakes and water
.,~.~~.
..,. .,,< a;...nt, which include. preservation areas.
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$';-" 5. The development is consistent with the report and
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~+rlllcOllllllendation. of the SWFRPC submitted pursuant to Subsection
~:)80.06(12), Florida Statutes.
,~ ~'1<'.,'
The development will not interfere with the achievement
objectives of the adopted State Land Development Plan
. ()()(fPAr,[ 3R
~~.. 11. The development
~,'
f~rehensive Plan.
is
consistent
with
the
state
to the area.
FEBRUARY 26, 1991
7. A c01Dprehensive review of the impact generated by the
has been conducted by the appropriate County
and agencies and by the SWFRPC.
not in an area designated an Area of
state Concern pursuant to the prov i8ion8 of Section
Florida statutes, as amended.
For a portion of the property, development has commenced
authorized by a Preliminary Development Agreement issued
14, 1990 with the Florida Department of Community Affairs
to Subsection 380.06(8) Florida Statutes.
10. The development is consistent with the current land
and the Growth Management Plan of Collier
CONCLUSIONS OF LAW
'iiii;Ji,. NOW, THEREP'ORE, BE IT RESOLVED by the Board of County
"'Ecouiseioners or Collier County, Florida, in pUblic Meeting, duly
ill'"
. ,%co~.tituted and assembled on this, the 26th day of February, 1991,
,:1", -,;
the Collier Tract 22 Development of Regional Impact
Application for Development Approval submitted by Clifford B.
Senior
Vice-preaident
ot
Collier
Development
is hereby ordered approved, subject to the following
conditions in response to their recommendations, and the
. commitmente specified in the PUD which are hereby adopted ae
:':'.;\;).conditions of approval of this Development Order:
.,J'',fjFf;'\'; 1. DRAINAGE/WATER OUALITY
A. All commitments made by the applicant within the ADA
to Question 22 (Drainage) and Question 15 (Wat~r Quality)
~".~~;.ubsequent sufficiency round information, not in conflict with
'/ ,'~',":::'~
., e"'following recommendations, are incorporated as conditions for
iJ,ot.5
;,approval.
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l~?,. . B. Prior to commencement of construction the project
t~(;'i1l require a conceptual SFWHD Surface water Management Permit for
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3
. OOOPAG[ 39
FEBRUARY 26, 1991
"~~:':'; .'.
}a..'lIater Use Permit for any dewatering activities associated
and operation of the surface water management system,
of project lakes and/or road or building
. C. At the time of construction permit application the
provide confirmation to SFWHD staff that the
system designs meet District criteria.
D. At the time of application for construction and
permits for the remainder of the project, plans must be
pond, or ponds, receiving the
are isolated from the surface water system
daily conditions.
Also, calculations will be
pond, or ponds, are retaining the
plus a three day volume minimum
;~~,storage capacity for the effluent, prior to disCharging into the
. S.{~:.;,'
...ter surfaoe water management system.
.;,';,>'
E. At the time of permit application, the developer
provide the SFWHD with assurances that demonstrate the
storage pond, or ponds, receiving the effluent for
~igation will not contaminate the shallow groundwater table via
,.;t;~:<
jieroolation.
F. The applicant shall confirm, to the satisfaction of
"';. SFWHD staff, that the proposed project control elevations and
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'~'.'overall design will preserve the onsite wetlands, including the
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f'y,; 'maintenance of natural hydroperiods, and that District
:-;:';~',;,;:>
<preservation/mitigation criteria will be met.
G. The applicant shall commit to a regularly scheduled
sweeping of all streets and parking facilities, to be
.a a be.t management practice.
In areas adjacent to retail uses the applicant shall
least one-half inch of dry pre-treatment (retention or
unless reasonable assurances can be offered that
materials will not enter the project's stormwater
per SFWHD criteria.
I. Any use of the project's reclaimed wastewater for
. 000 PAr,r40
ltri;ation will be in adherence with Florida Department of
';t~'I, -
::Ehvironment Regulations criteria for effluent use adjacent to lakes
.'1......,
,.'~"1"
;::' end w.at1ands.
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,Praotice. (BMP'.) adjacent to preserved wetland areas, proposed
f!, . ~' .
lakes and swale systems, so as not to affect the intended
J.
All project construction shall use Best Management
of the stormwater management system.
'~k:;/. . K. The operation of the Surface Water Management System
,- ~;, ,"-:
;,!i~d.pendent upon the Cocohatchee River for an outlet. Therefore,
'~.
the final Surface Water Management Plan for the proj ect shall
demonstrate that the system is designed in accordance with existing
parameters for the Cocohatchee River.
L. The applicant shall participate in any ongoing or
eftorts by Collier County to establish a County-wide
i.,tormwater management system.
M. Beat Management Practices (BMP's) and monitoring and
of the stormwater management system shall be
by the applicant in accordance with SFWMO District
N. All internal stormwater management and wetland
shall be set aside as private drainage easements, common
or identified as specific tracts on the recorded
o. If any changes in water quality monitoring
and/or frequency are suggested by either
the FDER, SFWMD, FDNR, other agencies, or the
changes shall be coordinated with the appropriate
agencies.
P. The applicant shall confirm, to the satisfaction of
state, and local review agencies, and the South
Water Management District, that the proposed water
system will not impact habitats of any state or
'-", ,
l' ',\",. federally listed plant and/or animal species potentially occurring
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"'O!,llite, or that such impacts will be mitigated to the benefit of
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,'on.ite populations of those species.
. QOO PAGE 4I
FEBRUARY 26, 1991
commitments as set forth in Question 25
ADA (Exhibit "B") are adopted.
FLOODPLAINS/HURRICANE PROTECTION:
A. The applicant shall comply with the requirements of
Program regulations for the site by
living unit's first finished floor levels at or above
flood level or either 11'NGVD or 18 inches above the
line of the road, whichever is greater.
B. The applicant shaU pay at time of final detail site
approval for the installation of hurricane shutters at the
"i;"'i-~/}
~neyards Ele>mentary School catetorium as mitigation for 3,650
'.quare feet of shelter space impact resulting from the project's
-,f~:~\ _ ;
" '.' residential units constructed below the worst case category 3
hUrricane storm surge level (13.5 feet mean sea level) projected
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",<;'1:0' occur on the site.
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;;~;-~-
;Jl~':';, from Piper Archaeological Research, Inc., in June of 1990. If any
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i.
t;,
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"':,;,;.,identified and found not to be significant, are uncovered during
. ~;ll.>~;...i:
'I.I.te preparation, work in the immediate vicinity shllll cease. The
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"f" appropriate state and local agencies s'tall be contacted so they may
4.
HISTORICAL/ARCHAEOLOGICAL:
A.
The project site was surveyed by an assessment team
additional archaeological/historical sites, other than the three
determine the significance of the findings and recommend the
TRANSPORTATIc:.!/ :
The applicant or his successor shall be subject to the
Public Facilities Ordinance
No. 90-24 tor all
~elated impacts on all impacted roadways.
The applicant or his successor shall be fully
l"":!' "responsible for site-related roadway and intersection improvements
""'.,-. ..
, ~
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required within the Collier Tract 22 DRI. The applicant shall be
"~"
" eqUired to pay the tull cost for any site-related intersection
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.fl\!:'improvements (inclUding but not limited to signalization, turn
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t'f'" through lanes) found to be necessary by
'J, "'i~~~~~
. 080 PICE 42
"
" : ~J'~ ;':.~~'j ~
'iiier County or the Florida Department of Transportation (FOOT)
j~~:'~"'>'
~~"the project's access intersections onto Immokalee Road (C.R.
", ",'~
FEBRUARY 26, 1991
right-of-way acquisition,
construction,
commitments to provide the necessary
including design and engineering,
contract administration, and construction inspection
maintain annual average peak hour, peak season level
impacted regional
Reaional Roadwavs
1). U.S. 41
- Southern Project Entrance to Immokalee Road (C.R. 846)
2). Impacted on a daily basis - included for monitoring
purposes only
- Airport Road (C.R. 31) - from Vanderbilt Beach
Road (C.R. 862) to Pine Ridge Road (C.R. 896)
C. Adequate commitments to provide the necessary
",,~/ iiDprovements, including but not limited to, right-of-way, cost of
,d~ ~'"
..~i;:'~',,:~"":..1qnallzation, turn lanes, and other improvements deemed necessary
"};(i>Y FOOT or Collier County, or other appropriate jurisdiction, to
'~t~,:,
"intain level ot service 0 on an annual average peak hour, peak
.'
following significantly impacted off-site
regional intersections through project buildout:
1). U.S. 41/Immokalee Road (C.R. 846)
2). Immokalee Road (C.R. 846)/Goodlette-Frank Road (C.R. 851)
3). Immokalee Road (C.R. 846)/Vanderbilt Beach Road (C.R. 862)
D. The timing for the initiation of the improvements
in "8" and "e" above shall be made at the time that a
segment or intersection is projected by the DRI monitoring
,~r.~ort mentioned below to exceed peak hour, peak season level ot
;',' '~~'>.'<".
",-,v,.,\', ,
,.;...... service D on an annual average basis. Service level determination
,:;~~;~: '(
-,._(
,'\,;.~,~h~ll be made by Collier County. To determine the existing levels
'~"'''' .
,o?:,~ervice on regional tacilities and the need for improvements in
':i~~"~""timelY manner, the applicant shall submit an annual monitoring
,~t-). .;
iti'.','
.\,,",report to Collier County, FOOT and the Southwest Florida Regional
. ", ;......,'.' ~'.',
"..'Planning Council for review. The first monitoring report shall be
.~I'"
. 000 PAr.l 43
1) .
U.S. 41
- Southern Project Entrance to
Immokalee Rood (C.R. 846)
widen to 6L
FEBRUARY 26, 1991
, .
'.Ubaitted one year after the issuance of the first construction
'~jr'
"fpe~it. tor the Collier Tract 22 DRI. Reports shall be submitted
i\~\,~~" . .
" ;annl1ally thereafter until buildout of the project, and at a
:1:~;"..
': 'U1imUll, .hall contain turning movements at each of the access
'<.~Yl,:.~i'..,.
<inter.ections and the regional intersections listed above in "C",
,it," "
. H~',; and a calculation of the existing level of service at these
'~~'~.i~t.r..ctionB and on the road segments indicated above in "B."
, '1,\,"'"
'("~~~. The levels of service shall be calculated according
~ 'i~o"current protes.iona1 standards and should provide an indication
:i-j,':'-{'"
\ i' '" of when peak hour, peak season level or service 0 on an annual
expected on impacted roadways and intersections.
;",''-co'' t will provide updated information to more accurately forecast
...I ~ ""\:.r:.
~rr~jeot buildout traffic and total tratfic for determination of
;proportional share.
, .
.~;1.r;
~,,-,,;: E. Ba..d on the statt transportat1.on a.sessment of
.f"'i:- "
~,.~.~.l:'
'~,',,:.iqniticant project impacts, construction of the following
;~ "'~ran.portation improvements shall be needed prior to, or coincident
1f(it;".,
. ,~with, development of the Collier Tract 22 DRI, if annual average
ft\\t!,~~,:t
. Lipeak hour, peak season level of service D conditions are to be
'i(,,, ,
"jiaintained through buildout (1995) on regional road segments and
",....~I'.;.::
, '~..ction..
"I:,~'''\'JJ!;, i
.. .
~s~R.aional Roadwavs
.,....
2).
Impacted on a daily basis - Included
monitoring purposes.
Airport Road (C.R. 31) - Vanderbilt
Beach Road (C.R. 862) to Pine Ridge
for
Widen to 6L
Road (C.R. 896)
F. Development Order options may be considered by
County and the applicant to the extent that the options
adequate commitments for improvements indicated above to
';'./,'I!iqniticantly-impacted regional roadways and intersections.
:-~t{>;;,:; )"
;-'Wflatever options are exercissd, however, should be done with the
~;
aistanding that the following conditions shall be met:
(1) If annual monitoring reports confirm that peak
traffic on the regional road segments and intersections above
. OO(>>m 44
FEBRUARY 26, 1991
the level of service standards adopted by the county and the
project is utilizing more than 5\ of the level of service capacity,
permlts and certificates of occupancy shall
the standards of the County I s concurrency
system have been met.
(2) The transportation impacts to the roads and
above shaU be appropriately addressed consistent
Florida Regional Planning Council policies, and the
~.
, r'egional
. '.Ii
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':.0:),163. 3:1:10 ~
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..''.',' Agreement and
AL:~: .
;....'<gov.rnm.nt to
of proportional share and/or pipelining of the
improv.ments shall be in accordance with Section
which authorizes a Local Government Development
a commitment by the applicant and/or the local
insure concurrency on aU significantly impacted
road..
6. VEGETATION AND WILDLIFE/WETLANDS:
A. At least 50 acres of gopher tortoise habitat
shown on the final plat approval by
Th... ar.a. are .hown on .xhibit IOC,IO upland
B. The gopher tortoise preserve area shall be labeled
conservation/preserve area on all site plans and recorded as a
....m.nt wh.r. .ppropriat..
c. The applicant shall provide a gopher tortoise/scrub
habitat management plan, prior to construction, for approval by
Collier County, Southwest Florida Regional Planning Council and the
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';'::,;Florlda Gam. and Freshwater Fish Commission. The management plan
~~'~::
..\.:~~' shall include a detailed management authority, a construction
. ~tl.;f .;...'
'~f~t~.ch.dule with provisions for assuring onsite protection of gopher
, .~U/
. ~,tortois.s during construction (i.e., by fencing or relocation, or
,<,~~,
~rary holding areas), and a monitoring program designed to
-;,. ~.
. ~ .:<.','
14etermine management success.
D. The applicant shall document and report to Florida
Fre.hwater Fi5h Commission all actlve and inactive gopher
.~J~''-'
.,j ortois. burrows by
i!:.',./.,.--..,
:' pr...rvation parcels,
individual
parcels
within
the
upland
every three y~arB beginning one year after
. 000 r?GE 45
Preservation
of
all
Florida
Department
of
FEBRUARY 26, 1991
of the golf course until project buildout. If
,.~I~~I:~{-tortoi.. burrows are absent from the preservation parcels, the
:'\.i,'lo
" applicant shall be required to purchase an equal acreage offsite
., ~'- ,
'I':' ,
~r1n a reqional mitiqation park.
~ : I
".;,
E.
Removal and ongoing control of exotic species
project site.
ioulture listed plant species and where preservation is not
:~'.,~
Po.sible relocate any listed plants, to the maximum extent
G. Relocation of cabbage palms for landscape purposes
site when they cannot be preserved at existing locations.
H. Mature pines will be preserved, in small stands or
as individual trees wherever possible throughout the development.
'~1't:~t'~
,r.;"special attention will be given to preserving mature pines where
i<~~,
;:""practical in association with the Cocohatchee River corridor.
I. The applicant shall comply with the Collier County
Preservation Ordinance (SS-SS) for each phase of the project.
;J. Any activities involving sovereignty, submerged land
below the mean/ordinary high water line of the Cocohatchee River
shall require prior authorization from the Governor and Cabinet
'f~):.;
,;"":;~~~,.ittinq as the Board of Trustee. of the Internal Improvement Trust
~'?;',",:Fund, pursuant to Chapter 253, Florida statutes, and FDNR's
recommendation relative to this DRI shall not be construed as
approval for any uses of sovereignty, sur~erged lands below the
high water line or the Cocohatchee River.
.r,'
{~,:lII..n/ordinary
, . ~ \J~"':' ^
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K.
All commitments made by the applicant within the ADA
, related to Question 16 (wetlands) and lS (vegetation/wildlife) and
~;t; '1-"," .
'J'i;riautticiency round information, and not in conflict with the above
;~\At,' .
.~:<'" rec01lllllendations, shall be incorporated as conditions for approval.
"..
-;~ 7. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN:
;j:',~J::-',~,:;
,,' condstent with the Growth Management Plan and the project's
~.~:.;.(
'phasinq is consistent with the County's Concurrency Management
Collier County has determined the proposed project to be
Th_ i..uano. ot tinal development orders aro subject to
a OOO"G[ 46
"n
"~t:;~~~~..,:~a..d on substantially inaccurate
:~~i~eveloper, resulting in additional substantial regional impacts,
~\'.~'"""-'" -",
.,.>'"t:then a aubstantial deviation shall be deemed to have occurred. The
. .._.h,!....
:~!..,.~'
,.,'i'... monitoring checklist contained in Appendix IV of the SWFRPC
'~~" .-
1;,: ,_ i
, ~nesessment Report dated December, 1990 shall be used as a gu de by
-"""""'.'
, {ih:":local government in determining additional substantial regional
'J'::~~~'
~ . i': impacts .
, ,
information provided by the
FEBRUARY 26, 1991
Public Facilities Ordinance No. 90-24, an instrument
designed to facilitate the County's Concurrency Management System.
8. 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
:,:,~')f ,
:\i.~~ith speoitic conditions for project approval outlined above are
,,'~"':' officially adopted as conditions for approval.
B. The developer ehall submit an annual roport on tho
'..'~. , .
';'~;':'.}development of regional impact to Collier County, the Southwest
:fif;' .
"'loricSa Regional Planning Council, the Department of Community
,0)" ~:~~-"
,;0' '. Affair. and all affected permit agencies as required in Subsection
Florida Statute__.
The development phasing schedule presented within
as adjusted to date of development order approval shall
.be incorporated as a condition of approval. If development order
and applicant commitments incorporated within the
order, ADA or sufficiency round responses to mitigate
regional i~pacts are not carried out as indicated to the extent or
in accord with the timing schedules specified within the
order and this phasing schedule, then this shall be
be a substantial deviation for the affected regional
If the local governments, during the course of
the development, can demonstrate that substantial
the conditions underlying the approval of the
development order have occurred or that the development order was
E. Pursuant to Chapter 380.06(16), the applicant shall
. OO(hh 47
3.
The definitions
contained in Chapter 380, Florida
FEBRUARY 26, 1991
credit tor all contributions, construction, expansion, or
acquisition of public facilities in association with this
,development, if the developer is also subject by local ordinances
.' ;;-I.. ~
", 1to impact fees or exactions to meet the same needs. The local
,~,"'~,~~ernment and the developer may enter into a capital contribution
,;""i' . tront-ending agreement to reimburse the developer for voluntary
I
,
excess of the fair share.
P.ll.D. DOCUMENT:
A. The conditions and commitments of the approved
22 PUD document, as the same may be officially
trom time to time, are hereby incorporated and attached
as Exhibit "D."
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Collier County, Florida, that:
1. The Community Development Administrator shall be the
local otficial responsible for assuring compliance with the
Development Order.
2. This Development Order shall remain in effect for fifteen
(i5) yeara from the date of rendering. Howevar, in the event that
siqniticant physical development does not commence within five (5)
years of the rendering of this Development Order, development
'~!,;(,approval wi'll terminate and this development order shall no longer
.,b7!~'~':',-"
.If'f.';,;''ba attective. For purposes of this requirement "significant
f ':~, .
"\ physical development" does not include roads, drainage or
.
'~'<1:' landscaping but does include construction of buildings or
'~:~~r~:
inatallation 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.
shall control the interpretation and construction of any
this Development Order.
'''''-''"i''
, ....~" 4. Pursuant to Section 380.06(15)(c)3, Florida Statutes,
"".tJ.A"
,;;,,/,t}fie project is exempt from down-zoning or intensity or density
-':,':"'.ji- ";
reduction for a period of ten (10) years from the date of adoption
. OOOP'lr,[ 48
""':", FEBRUARY 26, 1991
'~~;:'<"
"""fot the Oevelopment Order, subject to the conditions and limitations
,;.,"!:',..,
,'''''.:; of said section of the Florida statutes, provided that physical
11.";' development commences within five (5) years as provided in
'l<.'~<' .'
~?paraqraPh 2 hereof.
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. 1}~,'~:~
.",~, .
'",l.:'", property shall submit a report annually, commencing one year from
~:,,:;-' ,
'1',\\( ,the eftective date of this development order, to the Board of
:'f~j:~; c~unty Commissioners of Collier County,
!\!"":-"
r,'-';' Regional Planning Council, and the Department of Community Affiars.
(:,
5.
The applicant or its successor(s) in title to the subject
. ','c.'
,ti, Collier County may
.'~"lil"
.~f!~'~b.06(19), Florida
t~4. :;!;~''''''l
'~t';'(,d.velopment order.
7. The approval granted by this development order is
take any action
authorized
by
Chapter
the Southwest Florida
This report shall contain the information required in Section 9J-
ol;., ,.
'\i,<." 2.025(7), Florida Administrative Code. This report shall be
,tJi':'f".:
";;jt~.'\prepared in accordance with the "DRI Monitoring Format," 88 may be
'.:A" "
;,,' amended, provided by the SWFRPC. Failure to submit the annual
report shall be governed by Subsection 380.06(19), Florida
6. Subsequent requests for development permits shall not
further review pursuant to Section 380.06, Florida
Statutss, unless it is found by the Board of County Commissioners
ot Collier County, after due noti~e and hearing, that one or more
the tollowing is present:
A. A substantial deviation from the terms or conditions
ot this development order, a substantial deviation to the project
development phasing schedule, 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 Council; or
B. An expiration ot the period of effectiveness of this
development order as provided herein. Upon a finding that either
of the above is present, the Board of County Commissioners of
Statutes, pending
issuance of
an
amended
Such approval shall not be construed to obvlate the duty
~:: COOPt... 4,9
the
FEBRUARY 26, 1991
applicant to comply with all other applicable local, state
It is understood that any reference herein to any
agency shall be construed to mean any future
may be created or designated or successor in
the powers and
date of this Order.
In the event that any portion or section of this Order
illegal, or unconstitutional by a
such decision shall in
no manner affect the remaining portions of this Order which shall
remain in tull force and effect.
Order shall be binding upon the County and the
their assignees or successors in interest.
11. This Development Order shall become effective as provided
,~.~.\. .
h":'j" by law.
~~,'l~,>.
.',~,~' 12. Certified copies of this Order shall be provided to the
Department of community Affairs and the Southwest Florida Regional
Planning Council as provided in Section 3ao.06(25) (g), Florida
AND ADOPTED THIS 26TH DAY OF FEBRUARY, 1991.
COMMISSIONERS
FLORIDA
Ll. ~4 rlt:uv'"J
. 000 PAGE 50
14
FEBRUARY 26, 1991
LIST OF EXHIBITS
Collier Tract 22 Development Order
"A" Legal Description
"B" ADA and Sufficiencies (By reference)
"e" Upland Preserve Areas
"0" PUD Document
Exhibits: Large Books/On file in the Clerk to Board office,
. 000 PAGE 51
15
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