Loading...
Ordinance 94-25 ORDINANCE 94- 2__5 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE ~ UNINCORPORATED ~a~EA OF COLLIER COUNTY, "~" FLORIDA BY ~34ENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 9511N AND 9511S BY ~ CHANGING THE ZONING CLASSIFICATION OF THE~ HEREIN DESCRIBED REAL PROPERTY FROM "PUD" W~ TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE AIR LAKES, FOR PROPERTY LOCATED NORTH OF PINE RIDGE ROAD (CR 896) AND <'/~/~1~%%~? WEST OF AIRPORT-PULLING ROAD (CR 31), IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.99i ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 85-67, AS AMENDED, THE FORMER PINE AIR LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. ~' WHEREAS, Robert J. Gray of Strategic Planning G=oup, Inc., representing Naples Associates Limited Partner~hi~ petitioned the Board of County Commissioners to change e zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 11, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) Numbered 9511N and 95118, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 85-67, as amended, known as the Pine Air Lakes PUD, adopted on November 12, 1985 by the Board of County Commissioners of Collier COunty is hereby repealed in its entirety. This Ordinance shall become effective upon receipt of notice from the SeCretary of State that this Ordinance has been filed wi~h the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of _~// , 1994. .... ATTEST:. ~ ~,.," ]' BOARD OF COUNTY COMMISSIONERS DWIGHT'~.'~BRpCKi;' CLERK COLLIER COUNTY, FLORIDA o~e' ... .:' . <=' . '/?'V.-~,-,-,-.-. n~. ,z:~,..~,,, IO. IUOI~I:E M, ASSISTANT COUNTY ATTORNZY Ih/11185 *~! *ok7 t PINE AIR LAKES A PLANNED UNIT DEVELOPMENT BY NAPLES ASSOCIATES LIMITED PARTNERSHIP AMENDED BY: YOUNG, van ASSENDERP, VARNADOE & BENTON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 33963 ORIGIN~,L ORDINANCE NUMBER 85-~7 DATE ISSUED .. 11/12/8~ DATE APPROVED BY CCPC DATE APPROVED BY BCC 5/xo/~4 ORDINANCE NUMBER 94-25 TABLE OF CONTENTS Propcrly Ownership and DcscrilXion Scclion I Slalemcnt of Complhncc Section II Pwjca Dcvcl~ Section Office Section W Mixed Use CommerciaYS'hopping Center Section V Lake/Open Space Section VI Dcvclopmen~ Standards Section VII UtiliP/Scrvtcu Section VIII PUD Master rhn Ex~'bil "A' Legal Description F.,~hibit IIII PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the projcct name of Pine Air Lakes. 1 .(]2 INTRODUCTION It is the intent of Naples Associates Limited Partnership, a Michigan Limited Partnership (hem and after to bc called Applic~,nt) to establish a Planned Unit Dcvelopment on approximately 150 acres of properly located in northwest Collier County, Florida. 1.03 NAME The development will he known as Pine Air Lakes. 1.04 pROPERTY OWNERSHIP The subject propcn!t is currently under the ownership of: Naples Associates Limited Partnership 1533 North Wo<xlward Avenue Suite 340 Bloomfield ttills, Michigan 48304 1.05 UNIFIED CONTROL The property being submitted for re'zoning is under the unified control of Naples Associates Limited Partnership. 1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete legal dcscriplion is sct forth in Exhibit 'B". 1.07 GENERAL LOCATION A. The subject property is west of and contiguous to Airport Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the boundary jogs south then west again approximately 1,300 feet, parallel Io Pine Ridge Road. B. Four (4) accesses to the development will bc provided as conceptually depicted on Exhibit "A". Three (3) entrances will have access from Airport Road and one (I) access will he from Pine Ridge Road, taking advantage of the existing Edgewood Drive. Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75. Regional access to the Pine Air Lakes development will he via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors. 1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised of has an average elevation of plus I0.0 feet above sea level. 2 1.09 ~ The Pine Air Lakes site is composed or five (5) soil types as identified by the U.S.D.A. Soil CorL~rvation Service in their report titled, '~;fi~a. IZ¢~ The ~ite is primarily composed of Keri Fln¢ Sand approximately forty-rive percent (45%) and Charlotte Fine Sand approximately eighteen percent (18%). The At-loll Fine Sand, Cypres,~ Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven percent (37%) or the Pine Air Lakes PUD ~tite. The Ochopee Fine Sand Mart (shallow phase) i.~ characterized by a ~hallow depth to rock which i.~ typified by it.~ exposure in the roadway swale along Pine Ridge Road (south of the project site). 1.10 V- The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes. The only remaining native vegetation exisu in the c/press head areas, (this has been designated "S.T." by the County Environmentalist), approximately in the center of the southern property line. The cypress ("S.T.") area will be left in its natural state under the proposed Pine Air Lakes PUD Master Plan. The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement (E.I.S.) commonly required by County Ordinance No. 77-66. The request for a waiver has been filed with the County Environmentalist. NOTE: See Benedict's Letter. 1.11 ~. A minimum of thirty percent (30%) or total acres shall be provided. (44.7 acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open Space. The open space to he within the developed parcels along with the S.T. and Lake/Open Space parcels will either meet or exceed the required acreage. STATEMENT OF COMPLIANCE SECTION II 2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Planned Unit Development compliance with the Collier County Comprehensive Plan. 2.0'2 STATEMENT OF COMPLIANCE The development of approximately 150 acres of property in northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range 25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the planning and development objectives of Collier County. A. This project is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County. As such, it was deemed to have vested zoning rights through the Zoning Re-evaluation Program described in Policy 3.1K of the Funam Land Use Element. B. Properties that have been found to have vested zoning rights arc deemed consistent with the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 or the Future Land Use Element allows changes to such projects, provided the intensity of development is not increased. C. The elimination of 323,600 square feet of commercial development will decrease the intensity of development and lessen the impacts of the project on County facilities. PROJECT DEVELOPMENT SECTION III 3.01 PURPOSE The purpose of this section is to delineate and generally describe the project plan of development and general conditions of the Pine Air Lqkcs Project. 3.02 A. Regulations for development of Pine Air Lakes shall be in accordance with the contents of' this document, PUD- Planned Unit Development District and other applicable sections and parts of the 'Collier Co,lnty Land Development Code," B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code. 3.0~3 TRACT DEVELOPMENT The development or separate tracts shall comply with Article 3. Division 3.2 of the Collier County Land Development Code, when applicable. 3.04 PROJECT PI.A~ AND LAND USE PARCELS A. The project plan including the location of roadways, general circulation, and the land use is iljustrated graphically and conceptually on the PUD Master Plan (Exhibit "A"). B. Areas iljustrated as Lakes/Open Space on Exhibit "A" are iljustrative only, and are subject to teloration and reconriguration. These areas may bc constructed as lakes or open space. A portion of the lakes may be constructed as shallow. intermittent dry depressions for water detention purposes. C. In addition to the various areas shown on Exhibit 'A', such easements (utility. private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project users. 3.05 A. All parcels within the Pine Air Lakes development adjacent to interior roads shall provide a minimum fifteen (15) foot wide landsca~ strip buffer. (Excluding parcels designated Lakcs/Or~n Space.) B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except Lake/Open Space parcels) which are adjacent to surrounding land presently zoned industriallcommercial. A minimum twenty (20) foot buffer will be provided along Airport Road. ,00, f f3 ,,..,. 138. C. All other buffers shall meet the minimum standards of the Land Development Code in effect at the time of development of the parcel. D. No parking, outside display signs, or other structures shall be located within bu ffc rs. 3,06 .... The S.T. zoning overlay is removed and the approxima|e !.8 acres of wetlands shall be preserved as a separate tract or easement, with protective covenants. An avenge twemy-five (25) foot setback will be provided around the wetlands area. No parking, outside displays, signs or structures shall be located within the setback around the wetlands area. 3.07 ~ The Pine Air Lakes PUD is divided into two (2) phases, one north and one south of Edgewood Drive. An exact time schedule for such a phasing plan can be no more than a rough estimate depending upon future economic factors. 3.08 ~ The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or other parcels of land prior to issuance of a building permit or other development order. 3.09 ~:~~[~L~~ Minor variations in acreage, roadway, lakes and tract boundaries. as shown on PUD Master Plan shall be permitted at final design to accommodate topography. vegetation, and other site conditions. Minor variations shall be defined as in the Land Development Code in effect at the time such variation is requcsted. OFFICE SECTION IV 4.01 ~. The purpose of this gction is to indicate the development plan land regulations for any part of the sile to be developed for office uses. 4.02 ~:,D USI:~S AND STRUCTURF. LS. No building or s{ructure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part for other than the following: 4,03 PERMITTED PRINCIPAL US 'E,S AND STRUCTURES 1) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; colleges, universities and schools. 3) Funeral ttomes. 4) }tomes for the aged; hospitals; hospices and sanitoriums. 5) Medical laboratories; medical clinics; medical offices for humans; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; rest homes; convalescent centcn; and nursing homes. 8) Laboratories, provided that: (a) No odor, noise, etc., detectable to normal senses from off the premises are generated; (b) All work is done within enclosed structures; and (c) No product is manufactured or sold, except incidental to development activities. 9) Transportation, communication and utility offices - not including storage of equipment. 10) Any professional or commercial use which is comparable in nature with the foregoing uses and which the Development S~rviccs Director determines to be compatible in the district. 4.04 PERMITFED ACCESSORY USES AND STRUCTURES I) Accessory uses and structures cuStomarily associated with uses permitted in this district. 2) Caretaker's residence. 3) Multi-story parking. 4) Water management structures and facilities. 4.05 REGULATIONS 4.05.1 General - all yards, setbacks, etc., shall be in relation to the individual parcel boundaries. 4.05.2 Minimur~ Parcel Area - Twenty thousand (20,000) ~quare feet. 4.05,3 l~nimum Parcel Width - One hundred (100) feet. 4.05.4 Minimum Yard Re~uiremem~ - abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard - Twenty-five (25) feet. b) Side Yard - Fifteen (15) feet with unobstructed passage from front to rear yard. c) Rear Yard - Fifteen (15) feet. d) Minimum Yard Requirement From Any Residentially Zoned or Use Property: Twenty-five (25) feet. 4.05.5 Maximum Heieht Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a maximum of two (2) levels of parking. Ten (10) stories or one hundred (I00) feet, whichever is greater over two (2) levels of parking may be approved through Site Development Plan Approval and by the Planning Commission. 4.05.6 Minimum Floor Area of StructureS - One thousand (1,000) square feet per building on the ground floor. 4.05.7 Minimum Distance Between Structures - Thin'y (30) feet or one-half (I/2) the sum of the height, whichever is greater. 4.06 SIGNAGE As permitted or required by the [.and Development Code in effect at the time a permit is requested. 4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PAII.KIH.G_A~ADIHG ~ As permitled or required by the Land Development Code in effect at the time a permit is re, quested. 4.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Co<le in effect at the time a permit is requested. 4.09 MINIMUM LANDSCAPE/BUFFER ARE,~, Defined in Section 3.05 of this document. REGIONAL COMMERCIAL SECTION V 5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Regional Commercial. In order to ensure that regional telall is achieved, there will he three (3) individual retail uses with a minimum of 70,000 square feet of gross leasable area (OLA) each. These three uses, along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G, Standard Industrial Classification ManVa[, 1987 publication. 5.02 PERMI'ITED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following. 5.03 PERMITT'ED USES The following uses are expressly permitted when done in accordance with the general intent of this ordinance: (a) Antique shops; appliance stores; art galleries; an studios; art supply shops; assembly in enclosed building; auction house; automobile pans stores; automobile service stations with repairs in enclosed building; automobile sales within enclosed building. and not involving outside display or storage; alcoholic beverage sales, including sales for consumption on or off the premises. (b) Banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; boat sales - with inside storage; bookbinders; book stores; business (i.e. xerox) machine services; bakery shops, including baking only when incidental to retail sales from the premises; business of~ccs. (c) Carpet and floor covering .sales which may include limited storage (not to exceed 50% of retail sales area); enclosed car washes; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; communications services and equipment repair; confectionery and candy stores; churches and other places of worship; civil and cultural facilities; colleges, universities and schools; child care centers; convalescent centers; children's homes. (d) Department stores; dry goods stores; drapery shops; delicatessens; drug stores; dry cleaning - collecting and delivering only. (Minimal on-site pressing and spotting permitted). (e) Electrical supply stores; equipment rentals - including lawn mowers. power saws, etc. without outside storage and display; employment agencies. (f) Fish markets (retail); florist shops; fraternal and social clubs; funeral homes; furniture refinishing; furniture stores; furrier shops. 5 Garden supply stores, which can include outside displays, gift shops; glass and mirror sales; gourmet shops; gunsmhhs. (h) Hardware stores; hat cleaning and blocking; health food stores; hobby supply stores; hospitals and hospices. (i) Ice cream shops; ice sales (not including ice plants). (j) lcwclry stores. (k) Kitchen wear shops. (I) Laundries; lawn maintenance shops no outside maintenance; leather goods; legitimate theaters; light matmfacturing or processing (including food processing, but not slaughter house). Packaging or fabricating in completely enclosed building. Linen supply shops; liquor stores; and locksmiths; lithographing; laboratories; provided no odor, noise, vibrations or other nuisance detectable to normal senses from off the premises are generated. (m) Marinas; markets - food of every type; medical office and clinics; millinery shops; miscellaneous uses such as mail express office. telephone exchange; motion picture theaters; motorcycle sales and service; museums; music stores; mortgage broken; motels; meat. fish and poultry markets. (n) Newspaper stores. (o) Office supply stores. (p) Paint and wallpaper stores; parking garages (enclosed); pest control service; pet shops; pet supply shops; photographic equipment stores; plumbing shop; plumbing supplies; pottery stores; poultry markets; printing; publishing or similar establishments; private clubs; professional offices; post offices. (q) Quilt shop. (r) Radio and television stations and transmitters; radio and television sales and services; interior non-dcslructivc and dcstgn labs; rest homes; restaurants including fast food restaurants with drive through window service; real estate offices; research, design and development planning facilities. (s) Service establishmenu catering to commerce and industry; sign company; sign painting shops; shoe repair; shoe stores; shopping centers (including regional facilities); souvenir stores; stationery stores; supermarkets; swimming pool maintenance shops; sanitoriums; schools. (t) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops. toy shops, tropical fish stores; transportation terminals without outside storage of vehicles or equipment; taverns. (u) Upholstery shops. (v) Variety stores; vehicle rtntals; vc~rinaHan offices and clinics - no outside kennels; vocational, Icchnical, trade or industrial schools. (w) Water bed sales. (x) X-ray clinics. (y) Yacht salts. (z) Any other commercial, which is compatible in nature with the foregoing uses and which the Development Services Director determines to be consistent with the purposes of the district. (aa) All uses allowed in Section IV. 5.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with uses permitted in this district: 1 ) Caretaker's residence. 2) Water management structures and facilities. 3) Customary accessory uses and structures. 5.05 ~ 5.05.1 ~ - All yards, setbacks, etc.. shall be in relation to the individual parcel boundaries. There shall be no outside overnight storage or display on any parcels in this section. 5.05.2 Minimum Parcel Area - As determined at the time of Preliminary Site Development Plan review. 5.05.3 Minimum Parcel Width - As determined at the time of Preliminary Site Development Plan review. 5.05.4 Minimum Yard Retirements - The parcel sides abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall he front yards. Those parcels shall conform to the minimum yard requirement of page 4.2. Section 4.05.4 of the document. All olhcr parcels in this section will conform to the following: a) Front Yard - Twenty-five (25) feet. b) Side Yard and Rear Yard - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. c) Other parcel boundaries fifteen (15) feet. 5.05.5 Maximum Height - Thr~e (3) stories or thirty-five (35) feet, whichever is greater. 5.05.6 Minimum Floor Area of Princival Structures - One thousand (1,000) squar~ feet per building on th~ ground floor. 5.05.7 Minimum Distance B,~ween Structures - Same as ¢ide yard setback. 5.06 SIGNAGE A.s permitted or required by the Land Development Code in effect at the tirnc a permit is requested. 5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING ~ As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.08 MINIMUM LANDSCAPING REO UIREMENTS As permitted or required by ~e Land Development Code in effect at the time a permit is requested. 5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this document. LAKE/OPEN SPACE SECTION VI 6.01 pURPOSE The purpose of this Section is to indicate the development plan land regulations for the arras to be utilized for Lakes/Open Space. 6.02 PERMITTED USES AND STRUCrLrRES Nobuilding or structure orpart thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 6,03 pERMITTED PRINCIPAL USES AND STRUCTURES I. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through common areas. 2. Lakes and other storm water management facilities or use,t to serve for the water management and drainage of project. 3. Picnic areas, parks and passive recreation areas. 4. Any other open space activity which is comparable in nature with the foregoing u.R:s and which the Development ,%'rvlces Director determines to be compatible in the district. 5. Small buildings, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 6. Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. 7. Decks and platforms associated with rertaurant and entertainment facilities on adjacent parcels shall be allowed to project into Lake/Open Space parr. ell, 8. A lake/open space parcel may be considered a buffer for developed parr. els if it is adjacent to the parcel. 6.04 I'ER/VI ITFED ACCF~SSOR Y USF~; AND STRUCTUR|'~ Accessory uses and structures customarily associated with the uses permitted in this district. 1. Customary accessory uses of recreational facilities. 2. Any other recreational use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the 6.05 ~ 6.05.1 General - All yards, setbacks, etc., shall be in relation to the individual parcel. 6.05.2 ~: None 6.05.3 Minimum Lot Width: None 6.05.4 Minimum Yard Reouircments: Abutting the arterial roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard: Fifty (50) Feet b) Side Yard: Thirty (30) Feet c) Rear Yard: Fifty (50) Feet 6.05.5 Maximum tleieht of Structures: ThirW-five (35) feet unless otherwise approved during Development Review. 6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING ~ As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.08 bilNIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.09 MINIMUM LANDSCAPF_,,/BUFFER AREA Defined in Section 3,05 of this document. DEVELOPMENT STANDARDS SECTION VII 7.01 PURPOSE The purpose of this Section is to set forxh the standards for the development of the project. 7.02 ~ All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where $pcci~caHy noted or stated othcrwise, the standards and specifications of the current official County Land Dcvclopmcnt Code shall apply to this project. 7.03 pUD MASTER DEVELOPMENT PLAN A. Exhibit 'A' iljustrates the proposed dcvelopment. B. The design criteria and system design iljustrated on Exhibit 'A' and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. 7.04 CLEARTNG. GRADING. EARTHWORK. AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. 7.05 ~ All streets shall be dedicated to the public. The petitioner wis[u:s to reserve the right to maintain and landscape the unpaved portions of the Hgbt-of-way for roads within the project subject to the approval of the Development Scrvlccs Director. All public ~treet design and construction shall mee~ the Collier County standards that are in effect at the time of approval. 7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 7.07 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the appropriate Land Development Co<Je regulations. 7.08 ARCI-[ITECTURAL DF_,SIGN REVIEW The pethioner intends to create an association to review individual parcel layout and architecture prior to the irnprovement of any parcel. Illl 7.09 COMMON AREA MANAGEMENT The petitioner intends to convey me common areas, including the water retention and surface water management structures, to Pine Air Foundation, Inc., a Florida not-for-profit corporation, which will be responsible for · implementation of the surface water management plan and have authority to assess the other lands within the district for the costs of such maintenance. The petitioner would also grant an easement to Collier County with respect to the surface water management system so that the County could operate and maintain the system in the event the Foundation fails to do so. 7.10 .~. The Environmental Advisory Council stipulatiom: A. A site clearing plan shall be submitted to the Natural Resources Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shah clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Department and the Community Development Division for their review and approval. This plan will depict the. incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Department and the Community Development Division. D. If during the course of site clearing, excavation, or other cortstructional activities, an archaeological or historical site, arlifact, or other indicator is digovered, all development at that location shall be iramediately stopped and the Natural Resources Department notified. Development will be suspended for sufficient length of time to enable the Natural Resources Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Department will respond to any such notification in a timely and efficient manner $o as to provide only a minimal interruption to any constructional activities. E. The cypress wetland and buffer zone is to be checked and approved by the Natural Resources Personnel prior to any construction in the vicinity of the wetlands. # 1.2 F. As many existing native trees and shrubs as possible shall be incorporated into the development. G. The developers must demoms'U~te to the Natural Resoum Department that this development will be in compliance with the water quality regulations as outlined by DEP and SFWMD when they return with their site development plans and, more specifically, if DEP or SFWMD requires water quality monitoring of their stormwater run-off, then Natural Resources Department requests that they receive copies of all the data. 7. I 1 HRE The North Naples Fire Control District has stated their ability to serve the Pine Air Lakes Project, with the following stipulations: A. Water mains and the locations of the fin hydrant~ must be approved by them prior to issuance of any building permits. B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of the development if and when an impact fee policy is adopted by the North Naples Fire District to cover the entire District. 7.12 EXEMPTIONS TO TItE SUBDIVISION REGULATIONS Pine Air Lakes development shall be exempt from the following Land Development Code requirements: A. Section 3.2.8.3.19, LDC: Street name signs shall be approved by the Development Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. B. Section 3.2.8.4.9.2, LDC: Entry signage may be located within the right-of-way or the dedicated roadway. Such signage and planting shall be approved by the Development Services Director. C. The requirement to place permanent reference monument and permanent control points in a typical water valve where such monuments occur within street pavement areas shall be waived. 7.13 TRANSPORTATION A. Please see Traff'~e A~essment dated September 24, 1985, prepared by MPO Staff, attached. Recommendations: I. The developers shall provide a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road axKI Airport Road when deemed wan'anted by the County Engineer. except ,-Ls otherwise provided henfin. The signals shall be owned, operated, and maintained by Collier County. e 2. The developen shall provide arterial level street lighting at each of the project ~-~ce_n___~s on Pine Ridge Road. This shall be waived if prior roadway improv~-nts by the County included a street lighting system. B. All access to individual parcels shall be internal. C. Crosswa lk.~ shall be provided across the main thoroughfare to pwv ide adequate pedcsu-hn safa'y and movement as daermined to be r~,~-ssary by the D~velop-ment .~rvk~n Diru~'. D. Development shall be limiled to traas adjac. tm to Airport Road until ~ascments ar~ obuined and dedic~ to rJ~ County; Edgewood Drive is cormrua~; and the water sygem is looped in accordance with the Utilities Division's regulations and requirements. E. All Co[lier County traffic impacl fees for Pine Air IAkes will be paid as provided in Onlinance 90-14. F. While Airport Road is in a four-hne condition, the proposed intersection of Edgewood Drive and Airport Road wou|d be subject to the following: I. TIt Developer shall ctmstruct a northbound left turn lane and a southbound fight turn hne. 2. Upon the opening of -Edgewood Drive between Pine Ridge Road and Airport Road, the Developer shall provide a traffic signal warrant analysis to determine the need for a new nil'K: signal at the Airport Road- Edgewood Drive inlenecticm. Signal installation cosis shall be borne u~lely by the Developer, and shall include provisions for coordination with adjacent traffic signals. G. In conjunction with the six-hning of Airport Road, the following improvements shall be made at the inter,zclion of Edgewood Drive with Airport Road: !. The Developer shall construct an additional northbound left turn lane. 2. If I[N: traffic signal at IIw: inters~clion has non been installed prior to six- laning Airport Road, the applicant shall provide a signal in conjunction with the six-lar~ng at its sole cost. H. At the northern most driveway intersection with Airport Road, the Developer shall construct a northbound left rum lane and a southbound right turn lane. At the southern most driveway connection with Airport Road, the Developer shall include a southbound fight turn lane and traffic movement shall be limited to right-in/fight-out. Compemating fight-of-way shall be provided for the above noted right turn lanes. I. The County reserves the right of median access control at the driveway access ---- I points sp<:cified in (h.) above. Such median access control my involve modifications to the median opening, lane changes or other traffic control measures which are reasonably necessary to preserve the capacity of the arterial roadway or to ensure safe operating conditions. J. A five (5) foot sidewalk easement and completed sidewalk shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage. K. Pursuant to Paragraph 8.13d. and Exhibit 'A' of the Pine Air Lakes PUD (Ordirtance I 85-67), the Developer agreed to obtain right-of-way for proposed -Edgewood Drive which included areas in which to construct sewer, water and drain, age facilities. in lieu of acquisition of the final segment of the right-of-way, Developer agrees to reimburse Collier County $116,0CK) which represents ils costs associated with obtaining said segment of Edgewood Drive right-of-way. Said costs shall he paid (1) on or before August I0. 1994. or (2) upon approval on the first Final Site Development Plan for vertical development. whichever first occurs. 7.14 WATER MANAGEMENT A. Comeptual and/or detailed site drainage plans shall be submitted to the Environmental Advisory Board for review. B. Within sixty (60) days of the written request from the County Administrator, or his dcsignee, Developer shall provide a thirty-five (35) foot wide and a twenty- five (23) foot wide perpetual, non-exclusive ea.~ement for drainage purposes along the western boundary of the Pine Air Lakes project; thirty (30) foot wide temporary non-exclusive construction easement which parallels a twenty-five (25) foot wide temporary non-exclusive drainage easement, both of which temporary casements cormoct with the temporary drainage casement for the lake abutting the properTy's northeastern boundary along Airport-Pulling Road, around which lake the thirty (30) foot temporary construction casement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No. 2G-403. Said temporary casements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at lime of Site Development Plan approval of the area north of -Edgewood Drive. At time of Site Development Plan approval, a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes shall he dedicated to Collier County and recorded in the public records. C. An Excavation Permit will be required for the proposed lakes in accordance with Article 3, Division 3.5 of the Collier County Land Development Code. UTILITY SERVICE SECTION VHI 8.01 pURPOSE The purpose of this section is to provide a list of utility services and how they will be provided. A. Scc the Utilities Division sti~lations per their memos dated July 23, 1985; and Scptcmher 21, 1985 a~ched. 8.02 ~ The Collier County Water and Sewer District shall provide water to the Pine Air Lakes Dcvclopmcnt from the existing 16' water main located within the Airporx Road right-of-way. 8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will be handled by ~ company holding the franchise for that area of ~he County. 8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity to the entire Pine Air Lakes Project. 8.05 TELEPIIOr'4E SERVICE Telephone service will be supplied by United Telephone of Florida to the Pine Air Lakes Project. 8.06 TELEVISION CABLE SERV/CE The Pine Air Lalccs l'roject will be provided cable service by the cable company holding the franchise for that area of the County. 8.07 EASEMENTS FOR tINDERGROUND UTILITIF,~ All on°site utilities such as telephone, electric power, cable television service, waste water collection, water distribution, etc. shall be ins~llcd underground. Only items such as electteal fecder lines, lift stations, etc. which require above ground installation shall be pcrmiued above ground. 8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water distribution nnd sewerage mains shall be located in the road right-of-way and will he dedicated to the public. The water distribution and sewerage mains will be deeded to Collier County Water and Sewer District upon completion in accordance to applicable county ordinances in effect at the time of the Pine Air Lakes PUD Submission. The applicant or future owners, will pay appropriate development hook-up fees at ~.c time of application for building permits. Should any water/sewer system elements he located outside ~e road right-of-way, the appropriate easements will be dedicated. 8.09 pI~OJECT EASEMENTS AND SERVICES All easemen~ and services mentioned in this and previous sections of this document shall be non-exclusive. 16 MaT 6, X l~rcel or tract of land ly{n In Section 1], To~r~shlp South. Range 25 I[ast, ColT{or ~ounCy, Florida, being described as ro11~: 7 along ~he Eas~ i In¢ of sal~ S¢c~1~ I1 a dlstsnce or 13l~.~ ree~ thence S ~o47'13' M [00.04 to the ~l~ OF 8EGIH~I~ and the ~st~r1~ r!~h~-~r-~ay 1 of Coun~y ~ad ~.31; thence Con~tnu¢ S ~04 '13' ~ 2654.06 feet: ~hence S 01o05'27' E 1316.71 fee~; ~hence S 01005'18' ~ 131~.78 Feet; Bence N 88o51'3~' E 1~41.4Z fee~; ~ence fi ~1~'58' M 329.45 feet; ~hence N ~050'57' E IZ45.82 feeC [o ~he ~eS~erl~ rlgh~-of-wa~ line of County Road Chute ~ ~27'18' e along said rlg~-of-wa~ line feet: [hence ~ ~°27'40' e along Said righE-Of-way llne 1318.~ feet to the POINT OF 8EGIfi~IH6: Said parcel or tract containing 148.g9 acres, ~re or less. SubJect to eas~nts, restrictions and rese~atlons of record. Bearings based on a bearing of N ~027'47" [ en the East line oi ~e ~[% e~ Section II, roNnshlp 4g Sou~, Range East, Collier County, Florida. ~ls ~escrtptton ~ets the Hlnt~ T;c~Iu1 S~dards as set for~ by ~e F1ortda Board of Land $une~n, ~rsuant to ~aVter 472.027, florida Statutes. !~XHIBIT 'B' . . STATE OF FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 94-25 which was adopted by the Board of County Commissioners on the 1Oth day of May, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day or May, 2994. Clerk of Courts and .~le.~ ...' ........ ' Ci Ex-officio to Board of ~ .'.'. :' '..~'. Deputy Clerk ~ "...,]~' ,' ~ RESOLUTION 94- 349 Dzv'-~OPMENT ORDER 94- 2 A RESOLUTION JJ(ENDING Dx-V~LOPMENT ORDER 8S-S, AS AMENDED, OF THE PINE AIR LAMES DEVEI~JPMKNT OF REGIOJ[AL I)CPACT (DRI) BY PROVIDING FORZ SECTION ONE A WHICH AMENDS THE FINDINGS OF FACT TO REFLECT REVISIONS TO ~E C3~ARACTER OF P~R34ITTED USE8 AND AMOUNT OF ACREAGE RELATIVE TO PERMITTED USE8 SECTION ONE B WHICH AMENDS THE CONCLUSIONS OF LAW, PROJECT DESCHIPTION SECTION TO REFLECT REVISION8 TO THE C]L~RACTER OF Tux PERMITTED USES AND RELATED SQUARE FOOTAGE; 8XCTION OJTE C WHICH AMENDS THE CONCLUDIONS OF X~AW, DRAINAGE/WATeR QUALITY SECTION TO UPDATE CERTAIN CODE AND DEPARTMENT~J~ REFERENCES~ SECTIO}{ ONE D W~ICH AMENDS T~E CONCLUSXONS OF LAW, EI~ERGY SECTION TO REFLECT MINOR CHJ~NGE8; SECTION ONE E WHICH AMENDS THE CONCLUSIONS OF LAW, FLOODPLAIN/BURRICAME EVACUATION SECTION TO REFLECT REVISIONS TO T~E CKARACTER OF THE PERMITTED USES~ SECTION ONE F WHICH AMENDS THE CONCLUSIONS OF LAW, REGIONAL SHOPPING CENTER SECTION TO DELETE DISCUSSION OF PROJECTED RETAIL MARKET DEM)aqD AND THE AGREEMENT FOR ](ALL DEVELOPMENT J~ND ](ALL BUILDOUT BATE REQUIREMENTS; SECTION ONE CONCLUSIONS OF Iu~W, ~SPORTATION SECTION TO REVISE CONCURRE~CY REQUIREMENTS AND OTHER TRANSPORTATION COM~(ITMENTS2 SECTION ONE B WHICH AMEND8 T}~E CONCLUSIONS OF LAW, ENVIRONMENTAL CONSIDERATIONS SECTION TO UPDATE CERTAIN DEPA/~TMENT3~TJ ~ Ia~ND D~VELOPMENT CODE REFERENCES; SECTION ONE I OF THE CONCLUSIONS OF LAW, UTILITIES SECTION TO REFLECT COUNTY PROVISION OF POTABLE WATER, CERTAIN DEPARTMENTAL CHANGES AND DELETION OF REFERENCES TO THE COUNTY UTILITY RATE REGULATING BOARD; SECTION ONE J OF THE CONCLUSIONS OF LAW, EXEMPTIONS TO SUBDIVISION REGULATIONS SECTION BY DELETING IT IN ITS ENTIRETY~ SECTION ONZ X OF THE CONCLUSIONS OF LAW, GENERAL CONSIDERATIONS SECTION TO ](AXE MINOR CHANGES~ SECTION O~ L OF THZ FURTHER RESOLUTION SECTION TO EXTEND THE TERMINATION BATE 2~ND ADD EXEMPTION FROM DOJFN=ONING REQUIREMENTS SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW~ AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED D~-~LOPMENT ORDER, TRJ~NSMITTAL TO DCA AND EFFECTIVE BATE. WHEREAS, the Board of County Commissioners of Collier County approved Development Order 85-5, which approved a Development of Regional Impact (DRI) known as Pine Air Lakes on November 12, 1985~ JF~EREAS, the Southwee= Regional Planning Council appealed Development Order 85-5; and WHERJ2~8, the appeal was settled by the Board of County Commissioners adopting Resolution 86-63, which amended the Pine Air Lakes Development Order, on April 15, 1986~ and -1- Words underlined are additions; words e~uek-~ are deletions. $~1~, the Application For Developmene Approval [ADA) was incorporated into and by referencs made a part of the Development Ordsr; and $F~X~B, the real property which is the subject of the Develoi~ent Order i~ laqa~ly d~c~b~d and Ba~ ~o~h ~n E~b~ A ~o ~h8 Davalo~en~ Ordar~ and ~S, the o~ers of the DRI property are desirous of ~ending the Development Order~ and ~, the appeal of Develo~ent Order 85-5 had the e~fect of extending the bull~ou~ ~ate from November 12, 1995, to April 15, 1~96; and ~, Robert J. Gray of Strategic Planning Group, Inc., representing Naples Associates Limited Partnershl~ has petitioned the Board of County Co~isstoners to further amend the Pine Air ~kes Development Order~ and ~, the Collier County Planning Co~tssion has reviewed and considered the report and reco~endations of the Southwest Florida Regional Planning Council (SW~C) and held a public hearing on the petition on April 21, 1994; and ~, the Board of County C~issfoners of Collier County has reviewed and considered the reports of ~C and the Collier County Planning Co~tsslon and held a public hearing on May 10, 1994~ N~ ~EFORE, BE IT RESOLVED by the Board of County Co~tssioners of Collier County, Florida, that: 8E~ION 0~: ~M~ OF D~OPH~ O~R A. Paragraph 4, Findings of Fact, of Development Order 85-5, as amended, is hereby amended to read as follows: FINDINGS OF FA~ 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit A, the Planned Unit Development D~ment for Pine Air ~kes attached hereto and by reference made a part hereof. -2- Words ~ are additions; words ~t~ are deletions. · 2. The application is in accordance with Section 380.06(b), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency response known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 4. The applicant proposes the development of Pine Air Lakes Planned Unit Development, for 148.99 acres which includes 9 ~. aeree for ucc; 25.87 acres for office/retail mixed use ee~ee~Fta~ 33.49 32.83 acres for lakes/open space; ~ acres ~e, chopping e aPProximately 77.12 acres for rational commercial; 10.7 14.11 acres for roadways; and aPProximately 1.81 acres of cypress wetlands. 5. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statuteg. 6. The development will not unreasonably 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 SWFRPC. S. 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. 9. The development is consistent with the land development regulations of Collier County. B. Paragraph 1, Conclusions of Law, of Development Order 85-~, as amended, ie hereby amended to read as follows: CONCLUSIONS OF LAW 1. PROJECT DEBCRIPTIONZ The ADA for the Pine Air Lakes project proposed a range of square footage for approval; however, the transportation analysis provided by the applicant addressed a project consisting of a total of 1,2CC,~O0 957.00Q square feet of retail and office Words 3~ are additions; words e%T,~Me-eh~ are deletions. commercial uses as delineated in ParaaraDh 1.a. beloW. The ADA also specified that the l~2eo,~eo 957°000 square feet ~ is currently proposed and that additional amounts will be requested if future market analysis finds a need. Thcrcf=r=, th= Ccuncll eeeeeeme~% Conditions: a. Pine Air Lakes project approval shall be for the following maximum square footage and uses: Catemery Sa. Ft. Realonal Commercial Retail 707.000 H!xc~ Use -- 157,000 Office 250 000 ~" '^^ Total ~,2=~00 957.000 b. Any further request for additional square footage shall be considered by Collier County through the Substantial Deviation process pursuant to Chapter 380.06, Florida Statutes. C. Paragraph 2, Conclusions of Law, of Development Order 85-5, as amended, is hereby amended to read as follows: 2. DRA/NA~E/EATER QUALITY~ The applicant has proposed a surface water management system that, with an addition to the proposed "Best Management Practices" (B.M.P.'s) should improve water quality leaving the site and cease to add further to the degradation of Naples Bay. Additionally, the project has the potential for locating businesses or other on-site uses that could generate special or hazardous wastes (i.e., photographic processing, gas station, printing). Conditions~ a. The drainage system for Pine Air Lakes shall implement the design standards and water quality "best management practices" outlined in the Application for Development Approval, response to Question 22 Drainage, and in sufficiency responses. b. The drainage system for the "Pine Air Lakes" project shall be modified to provide for greater detention capacity and for more extensive water quality "Best Management Practices" in high intensity use drainage basins (greater than 40% impervious surface) as required by the South Florida Water Management District. c. Conceptual and/or detailed site drainage plans shall be submitted to the Wa4~eP Ma~a~emee~ Environmenta 1 Advisory Board for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the We~~a~ Environmental Advisory Board. -4- Words ~ are additions; words e~ are deletions. d. An on-going maintenance and monitoring program that ensures regular inspection, maintenance and sampling of the stormwater drainage system shall be implemented by the applicant, or his successors, throughout the project life-time. e. ~e ~ shall p~ev4~e e 25' wid~ dr=inane eeeemen~ a4eni ~h~ n=rth bcundaTyr ~ e ~5~: ~Tei~ ~ along the vc=~ ~ ~ ~ property M ~ ~ Ccllic~ Ccunty'c Within sixty {60~ days of the ~itten request from the County Administrator, or his desi~nee, Developer shall provide: a thirty-five ~35] foot wide and a twenty-five ~25~ foot wide perpetual non-exclusive easement for drainage Purposes alon~ the western boundary of the Pine Air Lakes Drotec~ thirty {30~ foot wide temporary non-e~cjustE construction easement which Parallels a twenty-fly- (25) foot wide te~Q~rv ~nTe~bslVe d~lnag~ easement. both of which temporary easements co~neG with the temporary drainage easement for the abuttin~ the DroDertv's northeastern boundarv al0~ AirDort-Pullin~ Road. around which lake the thirty ~30} foot temporary construction easemen~ continues: all as more fully described in the drainage conveyance documents dated AD~ the drawings attached thereto and prepared by Wilson. Miller. Barton & Peek. Inc.. dated February 1994 for File No. 2G-403. Said temDorarv easements are for the DUrDOSe Of aCCeDtin~ and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system. and shall be abandoned at time of Si~ Development approval of the area north of Edgewood Drive. At time of Site Development Plan approval, a twenty-five {25) foot wide Perpetual. non- exclusive easement for drainaqe DUrDOBeS shall dedicated to Collier County and recorded in the Public records. Th~ ~ ~all ~ e =5~ ~ ~ pr:p:rty ~ ~ ~ C~lll:r ~ f. An Excavation Pemit will be required for the proposed lakes In accordance with ~ Collier County ~nd Development C~e ~ ~ ~ g. A re~lar program of vacuum sweeping of all project parking lots shall be considered as a supplemental "Best Management Practice" by the applicant and all pemit review agencies. h. ~e applicant shall coordinate with Collier County and the Florida Dep~rtment of Environmental Protection ~FDEP) ~ ~ for the provision of temporary transfer/storage facilities to acco~odate all special and h~zardous wastes, ms classified by FDEP rD~, that are generated by the development. Such a provision could include the '5- Words underlined are addttlonsl words ~,~ are deletions. location of an adequate temporary storage/transfer facility on-site. D. Paragraph 3, Conclusions of Law, of Development Order S5-5, as amended, is hereby amended to read as follows: 3. ~ERGY: The proposed project would be an all electric development and would increase the energy demands of the Region. The applicant has committed to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Conditions: a. Provision of a bicycle-pedestrian system to be placed along arterial and collector roads within the project. This system is to be consistent with applicable ee~ County requirements. b. Provision of bicycle racks or storage facilities in office and commercial areas. c. cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the project area. d. Use of energy-efficient features in window design (e.g., tinting and exterior shading). e. Use of operable rindowe and ceiling fans appropriate). f. Installation of energy-efficient appliances and equipment. g. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). h. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. i. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. J. 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) as specified in the Water Conservation Act, Chapter 553.14, Florida Statutes.. k. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. 1. Planting of native shade trees to provide reasonable shade for all streets and parking areas. Words underlined are additions; words ~truGk ~A~ are deletions. m. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. n. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. o. Provision for structural shading (e.g., trellises, avnings, and roof overhangs) wherever practical when natural shading cannot be used effectively. p. Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and tenants in their efforts to achieve greater energy efficiency in the development. E. Paragraph 4, Conclusions of Law, of Development Order 85-5, as amended, is hereby amended to read as follows: 4. FLOODPLAIN/HURRICANE EVACUATIONs The proposed retail Commercial and office development =f=ic= eef~e~ contains a large amount of common area that could be used ssa refuge in the event of a Hurricane. This would constitute a use of Regional benefit. Conditionx a. The applicant must meet with the appropriate ..... ~"'~""~" County EmeraencV ManaGement ....... ~ .... officials to determine the potential for use of the development's common areas as a hurricane refuge. F. Paragraph 5, Conclusions of Law, of Development Order 85-5, as amended, is hereby amended to read as follows: 5. REGIONAL SHOPPINg CENTERS The proposed Pine Air Lakes regional commercial center proposes to adds m44~44~em 707,000 square feet of retail space to the retail markets of Collier County and south Lee County by 2000. ~e e~ge~% ~In~ Air ~ ?07,000 e fcC~ nddlti=n=l ~e ~xi~ting e~eB prcpoucd ~tur= Totall ~,~z~ ~ ........ ~ Pinc Air ~a~ee =itc ~e located ~ epprGvcd ~nlta Bay ~ --~te rGtall Conditionx ~ ~. The Southwest Florida Re~tonal Planninc Council Collier County have acknowledged receipt of an ~.qreement which satisfies the requirement of paragraph 5a. of Development Order 85-5. '7- Words ~ are additions; words M~ are deletions. thon fivo {5~ ye~e after th~ =dopti.~g e~ thi= ar~ SouthrEE% ~ ~cgi~ C~uncil. Tha --~ ~ ~ ccn=tructIon ........ ~--- with e dcucriptlon ~ ~ construction ~ ~ ccmplctcd. ~ five (5> ycars ~ th= ~ eblc for ~ ~ the ..... x__ ~ may ~ approv~ ~uidcllnc3 and =tankards for ~ ..... x~_~ ~ ~ =hall ~ .... ~--~ ~ th= ~ mark=~ :r~ Involving Florid= S~atutc=, b. In order to ensure that reulonal retail achieved. there will be three individual retail uses. each with a minimum of 70.000 s~are feet of ~ross leasable area (G~) located north of Edge Wood Drive. Further. a majority of the uses in thO Regional Commercial area will be restricted to uses specified in the Planned Unit Development DocumeD~ that are also within Division G of the Standard Industrial Classification Manual, 1987 edition. G. Paragraph 6, Conclusions of hw, of Development Order 85-5, as amended, is hereby amended to read as follows: 6. ~SPORTATIONz ~affic generated ~ Pine Air ~kes, when combined with other gr~h in the ~ea, will necessitate substantial roadway improvements, if level-of-se~ice "~" Peak hour-peak season conditions are to ~ maintained. Conditions$ a. The developer shall provide a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. ~e signals shall be o~ed, operated, and maintained by Collier County. b. ~e ~ developer shall provide arterial level street lighting at each of the project accesses on Pine Ridge Road and Ai~ort Road. This shall be waived if prior roadway improvements by the County include a street lighting system. c. The applicant shall be retired to pay the full cost for any site-~elated intersection improvements fincludin~ but not limited to turn lanes and additional side street or driveway throuoh lanesl found to ~ necessary by Collier county for the Dro~ect's access intersections onto Airoort Road [CR 311 and Pine Rldg~ Road. for cny Mhcr -s- Words underlined are additions; words ~~ are deletions. c~ee'pZ~e~ee~e.~m.t-evaeds -9- ~o~ds ~ a~e additions; voids ~~h a~e deletions. e~ ::cup:hal far lxi, e ?.it ~ ~ annually until bulld:'-'-t ~i= rcp:rt :hall canrain tr:fflc ca'ants th= ~cz= ~Int= ~ the =itc, daily and peak ~cur ~ ~unt~ fo= ~ .... '---~ r~dways spcclficd ~ th= ~ring ~c~r~ =hall ~ ~ In~icat= when Ic'¢cl-=f-ucrvlc= non ~ c'xcccdcd ~ '-~ '-- intcr=ccti~ --~ ~ provide =hnll ~ %h~ dcvclopcr'= ~ ~ =utllnc~ T~dway=/Intzrzzcti~ li=t=~ ~ - U.S. ~I ~- Cccdlctt= Frank - Cccdl:tt= Frank ~ t= Airpart ~lllng - Airpcrt-F~lllng E~ t= Livln~=tcn ill. Ccldcn Catc -- Pin= .~a ..... ~ ~- Ccld:n C:~c Parkway - ~ - Pine ~Id~c .~==~ tc Ccl~cn ....... ~ ..... vi. C~Icttc ~rank -10- Words ~ are addtttou; words ~ are deletions. I X r ,1__ __ __~. ~. . , ~ Z _ __ w __ . .~ . ~. ,~ . . . I __ rs __. . , ..... · "' C=~ICttC Frank "'-~ -~ ~-~-- ~-~- ~--~ ..... - U.S. ' ' ~ - Cccdlcttc ~=r~ iv. Intcr===ticn =f I=ck=lc: ~==d =t..-Airp=rt vi~ Intcrzccticn =f Ai~crt ~lling R=ad at Pi~ -11- Words ~ are additions; words ~ are deletions. -12- Words K[E~ are additions; words et~Paek--~ are deletions. .... ~,. e~ for e four ~ rccd ~ not ~ =ix ~ ~ If utcged rc~d/Intcrccctlcn ~ ~ forward ~ the ~ ~ =cm~ upon th~ crc=~ ~ ~ ~ ~ d. ~e followtn~ reufonal roadways and intersections protected to be significantly impacted {5% of ~S peak hour. peak season) prior to Dro4ect buildout. Significantly Impacted Roadways are: 1. Airport Road - Immokalee Road to Vanderbflt Beach Roa~ - Vanderbilt Beach Road to Edgewood Drive - E~ewo~ Drive to Pine Ri~e R~d - Pine Ridge Road to Golden Gate Parlay - Golden Gate Parkway to Radio Road 2. Pine Ridge Road - U.S. 41 to Goodlette-Frank Road - Goodlette-Frank Ro~d to Ed~ewo~ Drive - Edgewood Drive to Aimort-~llfn~ Ro~ - Ai~o~-~llfn~ Road to I-7~ 3. Immokalee Road - Af~ort-~llin~ Road to I-7~ 4. Vanderbtlt Beach Road - Afmort-~llin~ Road to Livingston Road - Lfvfn~sto~ Road to Oaks Boulevard - Oaks Boulevar~ to ~a~ Boulevar~ Si~nificantlv ImPacted Intersections are: 5. U.S. 41/Pine Ridge Ro~d 6. AirDort-Pulli~ Road/Radio Ro~d 7. Aimort-~llf~ Road/Golden Gate Parlay -13- Words ~ are additions; words e~ are deletions. Air~_ort-Pullinc Road;Pine Ridca Road 9. Airport-Pulling Road/Edqewood Drive 10. AirDort-Pullinc Road/Vanderbilt Beach Road 11. AirDort-Pullinc Road/Immokalee Road 12. Pine Ridge Road;Goodlette-Frank Road 13. Pine Ridge Road;Edcewood Drive e. The applicant shall mitigate its impact on the regional and local roadway and intersections identified herein as follows: ri] The APPliCant shall make the improvements specified in 6re]. ~b]. and fc] hereof. fii) The APPlicant shall be subject to all lawfully adopted transportation impact fees. [iii~ The APPliCant shall be responsible for the construction of Edcewood Drive from its terminus on the southern property boundary to and includinc the intersection improvements needed at its ~uncture with Airoort Road. This roadway is expected to provide alternative to and relieve some traffic pressure Pine Rides-Airport Road intersection. /iv] Applicant shall be required to make the improvements to AirPort Road: When requested by Collier County Transporta- tion Department. ADolicant shall contribute the necessary funds faDDroximatelv SS0.000] for designing six-lane improvements from the currently desianed terminus at Coucar Drive to the northern access POint Of Pine Air Lake~ Airport Road. {b) At the time of issuance of the first building permit for vertical construction in Pine Air Lakes. the APPlicant shall be responsible for contributing [bv escrowinq with the County) the necessary funds to six-lane Airport Road from its current~lv scheduled terminus at Cougar Drive north to the northern access point of Pine Air Lakes on Airport Road. The ~ctual amount of the contribution shall be the Zull amount necessary to accomplish the six- ~ane improvements as determined by actual bid price. In the event that amount has not been ~etermined at that POint in time. the amount to be escrowed shall be as estimated by the Gountv Transportation Department to accomplish said six-lane improvements with at least one left turn at Edgewood Drive. fc] At the time the Cour~tv Transportation DePartment deems a second left turn lane is Warranted on Airport Road at the Edcewood Drive intersection. ADmlic~nt ~ball install ~aid second left turn lane at its e×Dense and ~ontribute the funds necessary for any improvements to Airport Road or the adJoininc canal to acoommodate the second left turn la e. ,,0, C5"t3,, 41 Words underlined are additions; words ~ are deletions. Said contributions set forth in {a) and fb) above shall be credited to the Applicant. his ~uccessor or assianees. as a road fmDaCt fee credit. The amount of the credit shall b~ the contribution amount less any costs resulted for the design or construction of site-related improvements. For the purpose of this stip- ulation. site-related improvements shall ~ deemed to be any north bound or so~h bound turn lanes deemed reuuirCd ~t each access point to Pine Air Lakes. sicnalizatiOn Costs for the intersection of Edcewood Drive and AirDort-Pullin~ Road. and ~nv canal imDrov~- ments associated with the Pine Air Lakes project. Collier County shall acree t~ Use said contribution for the sole PUrPOse Of the above described six-lane improvements, {v) The APPliCant shall be subject to the Concurrency Management SYstem of the County as set forth herein. f. The regional roadway segments and all intersections With one exceotion on which this project has significant impacts are wholly within the Jurisdiction of Collier The Adeguate Public Facilities Ordinance fAPF) re~uire~ · ~'~DO~ _~5~G[ '4.~ Words ~ are additions; words et~'~eh-~e~ are deletions. Certificates of Public Facility Ade_cuacv that would allow imnacts to exceed the remainjoe canecity, if any. ~f these road segments imnacts to the deficient or potentially deficient facility. The annlicant shall ~Qtifv SWFRPC and DCA within five (5) workina days after receipt of notice of a PUblic hearina to determine the boundaries of any ASI on any facilities listed in ~gtion 6.d. hereof. i. If any of the road secments identified in this DaraaraDh become deficient. the County shall establish an Area Of ~. In addition to the provisions of the Collier County APF Words IL~ are additions; words ~ are deletions. For OUrDOSes of this Development Order. the pRI shall be deemed to have a substantial impact UPOn a deficient road sec~ment if traffic impacts exceed five percent ~5%] of the level of service "D" peak hour-peak season capacity of the roadway. The County shall provide the re~uisite 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 havin~ a substantial impact u~On the deficient road segment or otherwise should no~ be included within an ASI for the deficient road segment. In makin~ this determination. the County shall include the impacts resultilLq from all development to occur pursuant to thg Certificates of Public Facility Adeauafa~ previously issued to the DRI. The amendment to this Develooment Order is aDDsalable Dursuant to Subsection 380,06[19) and Section 380.07. Florida Statutes. {vii If neither DCA nor SWFRPC Dart~ciDate in the public hearina on the Notice of Chang~ pursuant to Subsection 380.06~19)~f), Florida Statutes and the chanae is adopted bv Collier County as PrOPosed. the DRI may be issued Certificates of Public Facility Adeaua~X followin~ the Countv's Development Order decision. If either DCA or SWFRPC participates in the DUbli~ heari~g, 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 Section 380.07. Florida Statutes and. appeal has been filed. k. Collier County and the applicant may consider other OPtionS to provide adequate commitments for Deeded improvements to transportation facilities set forth in 6.d. hereof provided that said OPtions meet the followin~ criteria: fi) The transportation impacts to the roads and IDtersections OUtlined herein shall be addresse~ consistent with SWFRPC Policies and said OPtions mitiGative measures shall be adopted in accordance with Sections 163.3220-163.3243. Florida StatUtes. which authorize local aovernment development agreements or as authorized by Rule 9J-2.0255. Transportation Policy fill Any such ODtion would be implemented' only after a Notice of Chan~e Procedure as outlined above. e~ 1- All access to individual parcels shell be internal. ~ ~. Exception to the Subdivision Regulations requiring sidewalks on both sides of the street shall not be waived and additional crosswalks may be required and approved by the County Engineer during the site plan -17- Words ~ are additions; words e4~e-%~ee~ are deletions. review process to Join sidewalks at places other than at intersections. ~v n. Development shall be limited to _~rcels immediately adjacent to Ai~ort Road until easements for ~gewood Drive are obtained and dedicated to the County~ ~gevo~ Drive is const~cted~ and the water system is looped in accordance with the Utilities Division's repletions and re~irements. -- Colden C:t= Pzrk~'zy --C=Id:~ ~ -- Pin: .a~ ..... -- Pln: "*~ ........ Colden -- Colden Catc Parkway -18 - Words ~ are addtt~onsl words ~ ~re deletions. H. Paragraph 7, Conclusions of Iaw, of Development Order 85-5, as amended, is hereby amended to read as follows. 7. r]rVIaO]~4~ CONSIDE~ATIONS[ a. A site clearing plan shall be submitted to the Development Services Department ~ ~courc~e D~vi=ion for ~ review and approval prior to substantial work on the site. This plan may be su~itted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site ~ lnco~oratem retained native vegetation to the maximum extent possible and boy roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted the the OevelODment Se~ices Department ~ ~ Divi=ion for ~helr review and approval. ~ls plan will depict the incorporation of native species and their mix with other species, if any. ~e goal of site landscaping shall be the ~ restoration of native vegetation and habitat characteristics lost on the site during const~ction or due to past activities as much as practically and economically feasible. c. All exotic plants, as defined In the Collier County ~nd DeveloDment Cod~, shall be removed during each phase of construction from development areas, and preservations areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Development Se~ices Department d. If, during the course of site clearing, excavation, or other constmcttonal a~tvlttes, an archaeol~tcal or historical mlte, arttract, or other Indicator ls discovered, all development at the locatlon mhall be l~edlately stopped and the Collier County Development Se~tces ~ ~ Department be notified. Development w111 N suspended for a sufficient length of time to enable the ~eveloDment Se~tces Natural ~c==uzcc= ~ Department or a designated consultant to assess the find and detemtne the proper course of action in regard to its salvageability. ~e Develooment Services ~ ~~G~~ Department will -19- Words ~ are additions; words ~ &re deletions. respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructlone1 activities. e. The .4 acres cypress wetland and buffer zone be checked and approved by Development Services Department N=~ur=l R~MMa~see M~ personnel prior to any construction in the vicinity of the wetlands. f. As many existing native trees and shrubs as possible be incorporated into the development. g. The ~ .... · .... Developer must demonstrate to the Development Services Department N=tur=l ~cs='urcc= Ma~~ that this development will be in compliance with the water quality regulations as outlined by DE~E and SFWMD when they return with their site development plans and, more specifically, if DERE or SFWMD requires water quality monitoring of their storm~ater run-off, then Development Services ~ ~ Me~ Department requests that they receive copies of all the data. I. Paragraph 8, Conclusions of Law, of Development Order 85-5, as amended, is hereby amended to read as follows: 8. ~TILITIEB A. Water and Sewer 1. Central water distribution and sewage collection and transmission systems will be constructed throughout the project development by the ~eve~ DeveloPer pursuant to all current requirements of Collier County and the State of Florida. The proposed water and sewer facilities will be constructed within easements to be dedicated to the County for utility purposes or within platted rights-of-way. Upon completion of construction of water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities muut be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All Customers connecting to the sewage collection facilities will be customers of the County and will be billed by the County in accordance with a rate structure and service agreement approved by the County. Review of '47 Words ~ are additions; words e~ are deletions. the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the water and sewer facilities servicing the project. ~ 4. It is anticipated that the GA~af e~ N~ ~will ultimately supply potable water to meet the consumptive demand a~ and County Utilities Division will receive and treat the sewage generated b~ this project. Should the GA4~f e~ County system not be in a position to supply potable water to the project and/or receive the proJect's wastewater at the time development commences, the developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An Agreement shall be entered into between the County and the O~ner, legally acceptable to the County, stating that: a. The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated, and maintained by the O~ner, his assigns or successors until such time as the County's Central Water Facilities and/or Central Sewer Facilities are available to service the project. ~ b. Upon connection to the County's Central Water Facilities, and/or Central Sewer Facilities, the O%rner, his assigns or successors shall abandon, dismantle, and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. -21- Words M/~ are additions; words et~ea~ are deletions. c. Connection to the County's Central Water and/or Sewage Facilities wtll be made by the owners~ their assigns or successors at no cost to the County within 90 days after such facilities become available. d. All construction plans and technical specifications related to connections to the County's Central Water and/or Sever Facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. e. The owners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regnlations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. f. The County, at its option, may lease for Operation and maintenance the watnr distribution and/or sewer collection and transmission system to the project o~ner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. B. Data required under County Ordinance 80-112 showing the availability of sewage services, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DERE permits for the sewage collection and transmission systems and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. City ...... ' -- ~ 4~ e~ ~ ~ that et~ ~ P3~ne ~id~e Road =hall be -22- Words Underlined are additions; words e~ are deletions. ~z~Any items within the PUD document which conflict with the above listed stipulations must be revised accordingly. ~et4em ~ ~ GT =hall ~e t~FWfee~ ~e ~3rea~e that taae=atc= fa=llltlc= ~ D. The project ~ Developer shall cooperate and coordinate with the Utilities Division and Public Works Department on the installation of the proposed on-site package sewage treatment plant. The planned utility improvements for Section 11 pursuant to the creation of the Pine Ridge Industrial Park MSTU call for all sewage from Section 11 to be treated at a central on-site treatment facility or at an a4~et~e%e~ County Regional Sewage Treatment Facility. Careful planning will be required to insure an orderly develol~nent and construction of the sewer system and treatment facility to serve this project and Section 11. J. Paragraph 9, Conclusions of Law, of Development Order 85-5, as amended, is hereby deleted in its entirety as follows: e~ e~eee ~ shell ~e ee e~eww em ~ ~ K. Paragraph 11, Conclusions of Law, of Development Order 85-5, as amended, is hereby amended to read as follows: 11. GENERAL CONSIDERATIONS: In the A~)A and PUD for "Pine Air Lakes" numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed above as conditions. Words underlined are additions; words ~e~ are deletions. a. All commitments and impact mltl~attn~ actions provided !~/the applicant within the Application for Development Approval (and supplementary documents) and FUD that are not in conflic~ with specific conditions for project approval outline above are officially adopted as conditions for approval. b. The deveA~pe~ peveloDer shall submit an annual report on the development of regional impact to Collier County, the Southvest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06 (16), Florida Statutes. L. Paragraph 3, the Future Resolution Section, of the DevelcTment Order 85-5, as amended, is amended to read as followed: BE IT FUFI~ZR RESOLVED, by the Board of County Commissioners of Collier County, that: 1. All commitments and impact mitigating actions provided by the aFplicant in the Application for Development Approval and and supplemental documents and the Al~lication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall terminate ~e~ "^' fourteen ~ years and six f6) mont~12 from the date of the DeveloFment Order ~e ~ was effective (ADril 15. 1986). The ~ro~ect buildout date shall be the same date as the DevelOXment Order termination date. that is October 15o 2000. 4. The applicant or their successors, in title to the subject property shall submit a report annually, commencing one fll year from the effective date of this ge~ea~ee~% et~ae ~Velor~ent Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B-16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. 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: -24- Words ~ are additions; words ~ are deletions. a. A substantial deviation from the terms oc conditions of this ~eva~ eeae~ I~ Order, or other changes to the approved development plane which create a reasonable ltXelihood of adverse regional i~pact or other regional impact which were not evaluated in the review b~ the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectiveness this de~ et~ee Development Order as provided her=in. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed, and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted b~ this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable Aocal or state permitting procedures. 7. The definitions contained in Chapter 3S0.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 8. That this Order shall be binding upon the developer, assignees or successors in interest. 9. It is understood that any reference her=in 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 posses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agent-t of competent Jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. 11. This resolution shall become elf=drive as provided by law. 12. Certified copies of this Order are to be sent immediately to the Department of Community Affairs and Southwest Florida Regional Planning Council. 13. pursuant to {380.06~15~c~3.. Florida Statutes. this project shall be exempt from down-zonind or intensity reduction for a period of ten ~10} years from the date Q~ the adoption of this amended Develo_rment Order. $ubJect tO the conditions and limitations of said ~ection of the Florida Statutes. provided PhYSiCal development commences within live {51 years. SECTION TWO= FINDINGS OF FACT A. That the real property which is the subject of the Substantial Deviation iDA is legally described as set forth in Exhibit A, attached her=to and by reference Words underlined are additions~ words et~ are deletions. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Substantial Deviation ADA and sufficienc-f responses kno~ as composite L~xhibit B, and k~J reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this order. D. The applicant proposes the development of Pine Air Lakes on 148.99 acres of land in Collier Codnty for residential, recreational and open space uses. Z. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of SWFRPC. F. 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. G. The development is not in an area desi~ated an Axes of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION ~REBZ 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 descrik~d in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made part hereof. B. The proposed changes to the previously approved Development Order 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 Iand 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 Collier County Land Development Code adopted pursuant thereto. E. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION FOD~: ~FECT OF PR~IOUSLY XSBU~) DE~PM~rT ORDER, ~3LNSMI~ TO ~A~/fD ~ECTi"V~ DATB A. Except a~ amended hereby, Development Order 85-5 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 94- shall transmitted i~u~ediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. Words J~ are additions/words e~uo~ ~hreugh ~re deletions. C. This Development Order shall tame sffec~ as provided by law. BE IT F13R~ER ]~ESOLVE~ that this Resolution be recorded in the minutes of this Board. Commissioner Sau~ao,.~ offered the foregoing Resolution for ~u~option, seconded by Commissioner .. No. rris and upon roll call, the vote was: AYES: Commissioner Saunders,. Commissioner Norris,. Commissioner VoZpe,. Commissioner Na~hews and Commissioner Constantine NAYS: ABSLmNT ~ NOT VOTING= ABStraCTION: ,'8~'}/h. is 10:h day of May , 1994. · ~'A~: '."] '~ co ss o i'~.Y' ...~.-- ~ '(' ~,~,. ~ ,~-. cmum~N MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY DOA-94-1/md/12361 Words M~ are additions; words ~ are deletions.