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Resolution 1991-335/DO 91-4 ,. .Jc'~ .t.... i I ! ...... I:;~: RESOLUTION NO. 91- 335 OEVELOPMENT ORDER NO. 91-~ APRIL 23, 1991 A CORRECTIVE RESOLUTION AMENDING PARAGRAPH 5, TRANSPORTATION, AND PARAGRAPH 6, VEGETA- TION AND WILDLIFE/WETLANDS, OF DEVELOPMENT ORDER NO. 91-), AS ADOPTED BY RESOLUTION NO. 91-207 FOR THE COLLIER TRACT 22 DEVELOPMENT OF REGIONAL IMPACT AS REQUIRED BY THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, on February 26, 1991, the Board of County Commissioners of Collier County, Florida, adopted Resolution Number 91-207 approving Development Order Number 91-) for the Collier Tract 22 Planned Unit Development as a development of regional impact; and WHEREAS, following the adoption of said Resolution and Development Order, Collier County Planning Staff was advised by the Southwest Florida Regional Planning Council and the Department of Community Affairs that the language of Paragraph 5., "Transportation", and Paragraph 6, "Vegetation and Wildlife/wetlands", was insufficient and in need of further clarification; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that Paragraphs 5., "Transportation", and Paragraph 6. "Vegetation and Wildlife/Wetlands", of Development Order 91-) as adopted by Resolution 91-207, are hereby amended to read as follows: 5. TRANSPORTATION: The applicant or his successor shall Adeguate Public Facilities Ordinance transportation related impacts on all be subject to the No. 90-24 for all impacted roadways. A. The applicant or his successor shall be fully responsible for site-related roadway and intersection improvements required within the Collier Tract 22 DRI. The applicant shall be required to pay the full coast for any site-related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary by Collier County or the Florida Department of Transportation (FOOT) for the project's access intersections onto Words underlined are additions; Words ~er~ek-thre~9h are deletions. . OOOr!>r 25 <'):, I l...~ I ~~ , APRIL 23 1991 Immokalee Road (C.R. 846) and U.S. 41. B. Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain ann~a~ average peak hour, peak season level of service 0 for the following significantly impacted regional roadways through project buildout in 1995: Regional Roadways 1). U. s. 41 Southern Project Entrance to Immokalee Road (C.R. 846). 2). Impacted on a daily basis - included for monitoring purposes only 1 Airport Road (C.R. 31) - trom Vanderbilt Beach Road (C.R. 862) to Pine Ridge Road (C.R. 896) . C. Adequate commitments to provide the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by FOOT or Collier County, or other appropriate jurisdiction, to maintain level of service 0 on an ann~ai average peak hour, peak season basis for the following significantly impacted off-site regional intersections through project buildout: 1). U.S. 4l/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 outlined in liB" and "c" above shall be made at the time that a road segment or intersection is projected by the DRI monitoring report mentioned below to exceed peak hour, peak season level of service 0 on an an~ttai average basis. Service level determination shall be made by Collier County. To determine the existing levels of service on regional facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier County, FOOT and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the issuance of the first construction permits for the Collier Tract 22 DRI. Reports shall be submitted annually thereafter until buildout of the project, and at a minimum, shall contain turning movements at each of the access intersections and the regional intersections listed above in "C", and a calculation of the existing level of service at these intersections and on the road segments indicated above in "B". The levels ot service shall to current professional provide an indication Qf season level e~ Q! service be calculated according standards and should when peak hour, peak o on an annttai average Words underlined are additions; Words ~~r~ek-~hrett9h are deletions. . O~[ 26 -::., . ..... I,;" :'I:f:.:;.. 'J ,;,.r APRIL 23. 1991 basis is expected on impacted roadways and intersections. It will provide updated information to more accurately forecast project buildout traffic and total traffic for determination of proportional share. E. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed prior to, or coincident with, development of the Collier Tract 22 DRI, if o~n~oi average peak hour, peak season level of service 0 conditions are to be maintained through buildout (1995) on regional road segments and intersections. Reglonal Roadways 1). U.S. 41 - Southern Project Entrance to Immokalee Road (C.R. 846) Widen to 6L 2). Impacted on a dally basis - Included for monitoring purposes. - Airport Road (C.R. 31 - Vander- bilt Beach Road (C.R. 862) to Widen to 6L Pine Ridge Road (C.R. 896) F. Development Order options may be considered by Collier County and the applicant to the extent that the options provide adequate commitments for improvements indicated above to significantly-impacted regional roadways and intersections. Wha~eve~--o~~~o~~--o~e--e~e~ei~ed, heweve~T-~he~ld-ce-de~e-~i~h-~he-~~de~~~a"di"g_~hae ~he-felle~i"9-eendieion~-~ha~%-ce-Mee~ t%Tli... If annual monitoring reports confirm that peak hour traffic on the regional road segments and intersections above exceed the level of service standards adopted by the county and the project is ~~*ii~i"g oroiected to utilize more than 5\ ~ ~ of the level of service ~ capacity, then further building permits and certificates of occupancy shall not be granted until the level of service standards of the County's concurrency management system have been met, in accordance with the County's Adeauate Public Facilities Ordinance. t~TH.. The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies, and the determination of proportional share and/or pipe lining of the regional road improvements shall be in accordance with Section 163.3220 F.S. which authorizes a Local Government Development Agreement and a commitment by the applicant and/or the local government to insure concurrency on all significantly impacted regional roads. 6. VEGETATION AND WILDLIFE/WETLANDS: A. At least 50 acres of gopher tortoise habitat conservation/preserve shall be shown on the final plat approval by Collier County. These areas are shown on exhibit "C", upland preserve. . 000 PAGE 27 Words underlined are additions; Words s~r~ek-~h~oHgh are deletions. -3- t, f f- I t APRIL 23, 1991 B. The gopher tortoise preserve area shall be labeled a conservation/preserve area on all site plans and recorded as a separate easement where appropriate. 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 Florida Game and Freshwater Fish Commission. The management plan shall include a detailed management authority, a construction schedule with provisions for assuring onsite protection of gopher tortoises during construction (i.e., by fencing or relocation, or temporary holding areas), and a monitoring program designed to determine management success. D. The applicant shall document and report to Florida Game and Freshwater Fish commission all active and inactive gopher tortoise burrows by individual parcels within the upland preservation parcels, every three years beginning one year after construction of the golf course until project buildout. If tortoise burrows are absent from the preservation parcels, the applicant shall be required to purchase an equal acreage offsite or in a regional mitigation park, subiect to the aooroval of the Florida Game and Fresh Water Fish Commission. I': i 1 ~. !".- E. Removal and ongoing control of exotic species throughout the project site. f," ,I, ~; t Preservation Agriculture preservation plants, to the F. of all Florida Department listed plant species and is not possible relocate any maximum extent practical. of where listed 1 G. cabbage palms for landscape purposes they cannot be preserved at existing Relocation of on site when locations. , \ I j' ! , j f !~ '. '. if H. Mature pines will be preserved, in small stands or as individual trees wherever possible throughout the development. Special attention will be given to preserving mature pines where practical in association with the Cocohatchee River corridor. 1. The applicant shall comply with the Collier County Tree Preservation Ordinance (88-88) for each phase of the project. J. Any activities involving sovareignty, submerged land below the mean/ordinary high water line of the Cocohatchee river shall require prior authorization from the Governor and Cabinet sitting as the Board of Trustees 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, submerged lands below the mean/ordinary high water line of the Cocohatchee River. K. All commitments made by the applicant within the ADA related to Question 16 (wetlands) and 18 (vegetation/wildlife) and sufficiency round information, and not in conflict with the above I r } , l- I r Words underlined are additions; Words ser~ek-ehre~gh are deletions. . OOOmt 28 j,., ti. ,~, ~., I ;, }> ! t , I , r , I, ~. " '''+;j Irl~'>;L' 1.;'- ;~;",:' ' "J ~'.'; t" ~ '. l' r"l ... ~ . !: .:, t , f t'. f ,;,-, }w;< ','Ho- t. " (, t, h' c't' .> " ,;.: l'l~;, '~~;~',"' "",;,,; [{"i:b: ; ~" ~^,:.~-, tl," lk~::;_ f;tf!' '~"::'. ~;ff,,~ .' 4:"'\'; '~1\~ ";" .'}. f' j' !; ) I. APRIL 23, 1991 recommendations, shall conditions for approval. BE IT FURTHER RESOLVED that this Resolution be recorded be incorporated as in the minutes of this Board. Commissioner offered the ~h:lM;:!h;m foregoing Resolution and moved for its adoption, seconded by Commissioner H;::l,c;~p': and upon roll call, the vote Was: AYES: Commissioner Shanahan, Commissioner Hasse, Commissioner Volpe, Commissioner Saunders, and Commissioner Goodnight NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 23rd day of Apr il , 1991. . . J ' ~ ,.::::. ~ ,': 'ATTEST: . JAMES C.' GILES, CLERK ro': ,:.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By:~~~~n ~ PATRICIA ANN GOODNIGHT, HAIRMAN ~~.._.~.Q~ ,.; 'PROVED AS.<:i FORM ' AND LEGAL ') , ' . 4 ~ ,qJ)" ~~~~ mo~"dw.t ASSISTANT COUNTY ATTORNEY SUFFICIENCY: DRI-90-1 RESOLUTION nb/5487 . 000 PIG, 29 Words underlined are additions; Words e~r~ek-~hre~gh are deletions. -5-