Resolution 1986-110
UH5PIr,[~Hl
June 17, 1986
RESOLUTION 86- ~
RESOLUTION AMENDING THE
DEVELOPIlEllT ORDER IlUKIlER
BY RESOLUTION 85-165. BY
3.F. HURRICANE EVACUATION.
BERKSHIRE LAKES
83-1, AS AMENDED
AlIE!lDING SUBSECTION
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved the Berkshire Lakea Development Order Auguet 16,
1983; and
WHEREAS, Barnett Bank Trust Company, N.A., Trustee, p~tit1on.d
the Board of County Commisstoners of Collier County, Florida, to
amend the Berkshire Lakes Development Order, Section 3(P)'(.),
Hurricane Evacuation, to reduce the m1n~ floor elevation of 12.8
feet mean 8e. level (m.a.l.) to the min1mwa floor elevation 88
required by the South .Florida Water Management District, the
Collier County Water Management Dep.utment and the CoU1"r County
Building Department but in no ca.e les8 than 11.2 feet National
Geodetic Vertical Datum (NoG.V.D.); and
WHEREAS J the Board of County Commis.ionerl of Collier. County,
,"Plorida, approved this proposed amendment by Resolution Number
85-165 on August 6, 1985; and
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WHEREAS, the Southwest Florida Regional Planning' Council
(51/FRPC) end the Florida Department of COllllllUnity Affsira appealed
Resolution Number 85-165 on September 25, 1985 and September 27,
1985, respectively, because they found the amendment to b. a lub-
Itantia! deviation primarily due to the fact that the number of
. residents evacuating to offlite shelters in the event of a category
3 hurricane would increase, and
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WHEREAS. SWFRPC, the Florida Department of COlllDUn1t" Affairs
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and representatives of Barnett Banks Trust Company I.A. have developed
a proposed settlement of the appeal; and
WHEREAS, the Board finds it appropriate to consider ar amendment
to the Development Order which formalizes the purpose of such appeal
settlement;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS.
OF COLLIER COUNTY. FLORIDA:
lIIIIIunder11ned are added; vords~~-ek.e~lh are deleted.
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SECT:.ON ONE:
JUle 17, 1986
Berkshire Lake. Development Order Number 83-1 a. amended by
ae.olution Number 85-165, Section 3.'. Hurricane Evacuation i.
hereby ..ended a. follow.:
F 0 lIURlUCANE EVACUATION
a. ihe-app~~eafte-.ha~i-~e.-e__~ft*-u.-iieer_e~..ee~eft
ee-r.~~iree-hy-eh.-8e~~h-Pleriee-Water_Heftale.eftt
9*.triet~he-Ge~iier-6eHftty-Wa~er_Maftale.eftt
gepartmeftt~aft~-the-Gei~*er-GeHftty_B~ild~ftS
gepartmeftt-&~t-*ft-fte-eaee-ieea-theft~~Ti_ftT_NTGTVT9T
Ghe~id-theee-re~~*reaeftt.-Be-ieaeene~_throHlh
res~ietory-ehenleey-reeemmendetien-&T_e_aftd_j_Beiew_
8haii-heeeme-re~b*re.enteT
b. en-eite-refuse-epeee-eheii-&e-proyided_et_e
rat~e-ef-2e-.~~ere-fe.t-per-peraeftT
c. Pre.*e*efte-eheli-ee-med~ft-deeee-afte-ee.eBaftt.
thee-tea,orapY-eheiter-Eer-,ereene-ii.iftl-4e_sreune
ieYe~n*te-eheii-Be-mede-4n-Buiidiase_ef-aere_thaft
ene-eteryt-d.eirnated-refbse-epeee-eheii-Be-ieeeted
*ft-the-ifttepier-heiiwey&-ef-b,per_etepy-et~etbrea
er-a*.*iapiy-,reteete~-epeea-vith-preteeted_~peftinle
ieadifts-eireetiy-te-the-eHterierT
d.
9ft-.~te-eheitere-.heii-fbifiil-the_feiiew*ftS
eeftlUtieft8+
* 6heitere-ehe~ee-dee*Sfted-end-een.trbeted_te
vith.teftd-wiftde-e~9-miiee-per_hebrT~;nd
eePt*fied-ey-e-,ref~ee~eftei-eftsffteerT
i*ee~eee-efte-res*e~ered-e1-tfte_Ste~e
ef-iierUftT
.
Sfteite~.-.ho~-ee-e~~ippee-v*th-e.erlener
pewer-efte-petehie-weter-sbppiiee-isefteraeere
end-eterete-teftke~
.
Sfteiter.-.hei*-ee-eenee~eted-with_ee-iittle
tie.e-ee-pee.*eitT-oftd-sieee-ehe~id_Be
proteeeed-ey-ehHteere-er-eeerdsT
* Sheiter-.heii-pr~ide-ede~bete-.ene*iet*eftT
eeft*tep1-ieeii*t*e.Y-end-iir.t-o~d_e~Hfpmen~
eo
A-heaeevne~e-..eoe~et+en-eheil-e.-eeteDi*.hr.d-to
pro.ide-edHeet*eft-.e-r~e*deftt.-eoneerft*ftl_ftbrr~eene
e.aeb.tio~T-eheitere~et~
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The applicant shall usn a minimum elevation ~f
12.8' NGVD, as reQuire~ by South Florida
Water Management District or the Collier
County Building Code. Should these requirements
be lessened through rer,ulatory changes, the
following shall become requirements.
1. For multi-family aress, provision shall be
made in deeds and covenants that tempora~
refuge for persons in ground level units
below elevation 12.8' NCVD shall be made
in buildinRs of more than one story for
Category 1 and 2 storms; designated refuRe
space shall be lo~ated in the interior
Words underlined are added; worda et~~ek-.hreush are deleted.
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C95PAG[ 292
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095 ",.! 293
June 17, 1986
hallway. of u~p.r ItOry structure. or
8imilarlY protected areas with protected
openings l..dina directly to the exterior
or within upper story livlnR units.
R.fuRI spacI shall be provided at a ratio
of 20 square feet per person.
2. In addition, the developer will work in
cooperation with the Collier County Office
of Emeraency Hanagemlnt, the Southwest
Florida Reaional PlanninR Council, and
the Florida Department of Community
Affairs, to develop an evacuation plan
for the project's residents for Category
3 or greater storms for the purpose of
informing residents when to evacuate
and where to go. This plan shall be
approved by the Department of Community
Affairs, which shall review the plan
in coordination with the Southwest
Florida Region&l Planning Council
for consistency with reRional and.
local hurricane evacuation plans.
No residential certificates of
occupancy shall be issued until the
plan 1s approved bv t~e Department
vf Community Affairs.
3. Provision shall also be made in Rolf course
club-houses or structures built above 12.81
NGVD for temporary emergencx refuge or pro1ect
residents as a IIlast resort. Designated
refuge space shall be located in interior
or similarly protected areas with as little
exterior glass 8S possible, shall be equipped
with adequate emergency supplies and shall
comply with the SoutherL Building Code.
Refuge space shall be provided at
a ratio of 20 square feet per person.
4. Provision shall be made for development
of an educational program and a homeowner's
association shall be established to prOVide
education to residents concerning hurricane
information, evacuation, emergency shelters,
etc. Such educational program will be
developed in coordination with, and sub1ect
to approval by, the Department of Community
Affairs, Division of F~ergency ManaRement,
snd the Collier Count) Office of Emergency
Management.
SECTION TWO:
This amendment i8 determined not to be a substantial deviation
according to Chapter 380.06. Florida Statut...
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Word. underlined ar. added; word. e~e--.h.e.,h are deleted.
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June 17, 1986
BE IT RESOLVED that this re.olution relating to Petition Number
PDA-86-7C. amending the Berkshire Lakes Development Order, .a
amended by Resolution 85-165. b. recorded in the minutes of this
'yo
Board.
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COIIlIIli8.1oner
Voss
offered the foregoing resolution
and moved its adoption. aeconded by Commis8ioner Holland
and upon roll call the vote va.:
AYES: Commissioners Voss, Holland, Hasse, GoOdnight and Pistor
NAYS: None
ABSENT AND NOT VOTING. None
ABSTENTION: None
Don', this 17th
day of June
, 1986.
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,""~'IZ!i"~h ''GJ;LES, CLERK
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~ 'f!: ~ Ai>1.ROVJiIi.':iJl: TO FORM AND LEGAL SUFFICIENCY.
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""" B. CUYLER
'to="ATTORNEY
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BOARD OF COUNTY COMIIISSIONERS
COLLIER COUNTY, FLO~-t;;;
CHAIRMAN
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PDA867C Resolution
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Words underlined are added; words .ePaeh__h~e~sh are deleted.
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June 11, 1986
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RBSOLUTION aa-110, RB PBTITION PDA-aa-7C, WILBON, MILLBR, BARTON, SOLL
, PIlBK RBPRESENTING WILLIAN T. BIGGS, RBQU1ISTING AN AJCBNDJCIN'1' TO TJUI
BERSBIRB LADS DEVELOPMENT ORDER '83-1, BUnICANB EVACUATION -AIlOPTBD
Legal notice ~~ving been publiehed in the Naplee Daily Newe on
June I, 1986, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-86-1C, filed
by Wileon, Miller, Barton, 5011 & Peek representing William T, Higge,
requesting an amendment to the Berkshire Lakes Development Order
'83-1, Section 3.F., dealing with hurricane evacuation.
Zoning/Planning Director pettrow stated that this petition ie to
amend the Development Order to incorporate the language which will
settle the appeals of the Department of Community Affairs (DCA) and
Southwest Florida Regional Planning Council. He said t'1at the
Berkshire Lakee PUD and Development Order was approved Auguet 16,
1983; on August 6, 1985, the Board of County Commission~rs approved an
am'~ndment to the Development Order reducing the minimum floor eleva-
tion of 12.8 feet mean sea level to 110 less than 11.2 f':et mean sea
level, This minimum floor elevation, he indicated, is the criteria
used to trigger the requirement for on-site refuge shelters; if the
Collier County Building Department and Water Management Department as
.;'.;. well as South Florida Water Managemellt Dietrict permit-. lower minimum
fluor elevation, then the developer would have to provide on-site
refuge shelters, He noted that when the minimum floor ..,levation was
amended from 12.8 feet to 11.2 feet, the Department of Community
aOOK 095 par,l 288
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BOOK 095 PArol 28.9
June 17, 1986
Affoirs ond Southwest Florida Regional Plonning Council appeoled it
becouse they found that by lowering the minimum floor elevation, on
odditional 1358 Berkshire Lokes residents would need to evocuote to
off-site hurricane shelters in 0 Cotegory 3 hurricone, He indicoted
thot the number of people would overload the present shelter space,
, In addition, he said, they determined that an additional 1358
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Berkshire Lakes residents would be added to the evacuees leaving
Collier County, thereby impacting ad-;oining counties' hurricane eva-
cuation times, routes, traffic shelters and refugees,
Mr. ~~ttrow stated that the proposed Resolution adopts language
which hOb been agreed upon by the Department of Cow~unity Affoirs,
SOlthwest Florida Regional Planning Council and the Developer: the
language is functionally similar to that of the original Development
Order and, therefore, the Planning staff has no objection to the pro-
posed language, He concluded by saying that the staff is recommending
that the Board of County Commissioners adopt the Resolution thereby
resolving the appeals of the Department of Community Affoirs ond the
Southwest Florida Regional Planning Council.
Tape f3
Commissioner Voss stated that originally the petitioner ogreed
that if he was allowed to build at the lower elevation he would make a
considerable contribution to the Co~nty. He asked if lhot would be
affected by this amendment? Mr. Tom Peek from Wilson, Miller, Borton,
Sell & Peek, the engineers and planners for the project, stated that
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June 17, 1986
the letter of agreement that Mr. Higgs gave to the Board in December
of last year is still in effect.
commissioner Voss moved, seoonded by commissioner Hasse and
carried unanimously, that the public hearing be closed,
Commissioner Voss moved, seconded by commissioner Holland and
carried unanimously, that Resolution 86-110 relating to Petition
PDA-86-7C to amend the Berkshire Lakes Development Order '83-1,
Section 3,J'" dealing with hurricane evacuation be adopted,
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