Loading...
Resolution 1985-003 (DO - Lely Resort) May 21, 1985 DEVELOPMENT ORDER 85-3 DEVELOPMENT ORDEIl OF THE BOARD' OF COUNTY CctlKlSSIONERS OF COLLIER COUNTY, noRIDA FOR LEU, A RESORt COMMUNITY PLANNED UNIT DEVELOP- MENT LOCATED. BETWEEN U.S. 41 AND RATTLESNAKE RAMMOa ROAD WEST OF C. R. 951 IN SECTION 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH , RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, n.ORIDA: WHEREAS, the Applicant, Wilson, Miller, Barton, 5011 and Peek, Inc. (WMBS & P) Agent. for Lely Estates, Inc.. filed on May 24, 1984 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Lely, A Resort Community. Planned Unit Development in accordance with Section 380.06(6). Florida Statutes; and WHEREAS, WMBS r P has obtained all necessary approvals and condi- tional approvals from the various Collier County agencies. departments, and boards required as a condition to Planned Unit Development (POO) zoning and DRI approval; and WHEREAS. the Board of County Commissioners as the governing body of the unincorporated ares of Collier County having jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact. and WHEREAS. the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS. the Coastal Area Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on January 19, 1984; and WHEREAS. the Board of County COlIIDissioners has passed Ordinance 85-17 which rezoned the subject property to POO; and WHEREAS. the Le1y. A Resort Community application for development approval is also part of an overall rezoning application by the devel- oper; and the issuance of a development order pursuant to Chapter 380.06, .Florida Statutes. does not conatitute a waiver of any power. or righta regarding the issuance of other development permits by the County or State; aDOK 087 P.~t 237 1 ~"'''.~I .~ . . #<1::':" May 21. 1985 " ...' 087 nr,t238 WHEREAS, on May 21, 1985. the Board of County C01IDissioneu. at an open public hearing in accordance with Section 380.06. Florida Statutes. considered the report' and recommendations' of the SWFRPC, the certified record of the documentary and ornl evidence presented to the Coastal Area Planning Commission, the report and recommendations of the Coastal Area Planning Commission, the application for Development of Regional Impact submitted by WMBS & P, Agent. and the comments upon the record made to this Board of County COlIIDissiqners at said meeting. ; NOW, THEREFORE BE IT R~OLVED.by the Board of County Commissioners, I Collier County. Florida. in a meeting assembled this 21st day of May, 1985; and after full consideration of the reports. recOlllDendations and testimony, the Board of County Commissioners hereby finds and determines: Section 1. That this Resolution shall constitute the Development Order for Collier County issued in response to the ADA filed by WMBS & P for a development of as described in the POO document and supporting documents which. by ref~rence. are made a port hereof as composite Exhibit A. as well as a Development of Regional Impact. The scope of development to be permitted pursuant to this Order also includes opera- tions described in the ADA and the supporting documents which by refer- ence are made a part hereof as composite Exhibit B. Section 2. That Board of County COlIIDissioners. having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. That the real property which is the subject of the ADA is legally described as set forth in Exhibit A. attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(b) Florida Statutes. C. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof. to the extent that they are not inconsistent with the terma and conditions of this O~der. D.- The applicant proposes the development of Lely. A Resort Commu- nity, Planned Unit Development. for 2,892 acres, 10,150 re.iden- tial dwelling units, a 50-acre ruort center, three (3) ~olf rz.::;;J 2 ~ ~~~t.<;B .' .... .-'~'" ......,. ... ~ ...... May 21, 1985 courses, 820,000 square feet of retail/office spac. on 84 a 50-acr. cultural center sit., snd s 22-acre school acres, site. E. The Development. is consistent with the report and recommenda- tions of the SWFRPC. F. The development will not unreasonably interfere with the achievement of the objectives of the adopted Sta~e Land Develop- ment Plan applicabl~ to the area. - I G. A comprehensive r~~iew of the impact generated by the develop- / I ment has been c~nducted by the County 's departments and the SWFRPC. II. The development is not in an area designated an area of critical concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 1. The development is consistent with the land development regu- lations of Collier County. Section 3. That the Board of County COllllll1ssioners having made the above findings of fact. reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the record in this proceeding. the Developer and the various departments of the County are authorized- to conduct development as described herein, subject to the conditions, restrictions and limitations set forth herein. B. That the review by the County, the SWFRPC and other partici- pating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Chapter 380, within the terms and conditions of this Order and the ADA. Section 4. This Board of County Commission finds that the applicant has adequately addressed, satisfied, and agreed to those conditions s.t forth by the SWFRPC in said Board "conditional approval" of the ADA. or agreed to the modifications approved by the Board and to any additional conditions, restrictions and limitations set forth by the Commiss10n sa follows: A. Substantial Deviations: Retriggerins of Development of Relional Impact Process. Further review pursuant to Chapt.r 380.06, may__ b. required if a substantial deviation. as defined in Chapter aDOl 087 f'A'j~ 239 ....-rt ~T .. :'. 087,m 240 l!.::] May 21, 1985 380.06, occur.. The applicant shall be given due ,notice of. and an opportunity to be heard at any hearing to determine whether or not a proposed chanse to the' development is a substantial deviation. Sub.tantial deviation may occur by failure to comply with the conditions herein, failure to follow the plans and specifications submitted in the ADA and supplementary informa- tion, or by activities which are not cOlllDenced u~til after the expiration of the p,eriod of the effectiveness of the Order. ; B. The Applicant shalV submit an annual report in accordance with I I Section 380.06(16)~ on the Development of Regional Impact to the' County, the SWFRPC, the State Land Planning Agency, and other agencies as may be appropriate, by December 31 each year until and including such time as all terms and conditions of this Order are satisfied. Such report shall be submitted to the Collier County Communitx Development Administrator who shall, after appropriate review, submit it for review by the Board of County CODmlissioners. The Board of County COlIIDissioners shall review the report for compliance with the terms and conditions of this Order and may issue further orders and conditions to insure compliance with the terms and conditions of this Order. The applicant shall be notified of any Board of County Commis- sioner hearing wherein such report is to be reviewed, provided however, that receipt and review by the Board of County Commis- sioners shall not be considered a substitute or a waiver of any terms or conditions of this Order. The annual report shall contain: 1. The SWFRPC's monitoring forms as may be required; 2. A description of all develo~ent activity conducted pursuant ,- I to this Order during the year iDmlediately preceding the submission of the annual report; 3. A description of all development activities proposed to be conducted under the terms of this Order for the year immedi- ately subsequent to the submission of the annual reports; 4. A statement listing anticipated applications for development permits, required pursuant to applicable regulation. which the applicant proposes to submit during the year immediately following lubmittal of the annual rep~rt~ ;.,.,'.'i,,,~,'l t:'.:;;;,:~~:: 1;':iJt;.l . May 21, 1985 5. A statement setting forth the name(s) and address(ea) of any heir, asaignee or successor in i~terest to the ~pplicant in its capacity as developer o'f Lily, A Resort Community, -. Planned Unit Development. 6. A statement that all persona have received copies of the annual report, as required under Chapter 380.06(17). It is the intent herein, that the foregoing requirements for submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report aa promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. C. Southwest Florida Regional Planning Council's Recommendation that the proposed project be approved subject to the following conditions: 1. Drainage/Water Quality A conceptual Surface Water Management Plan has been proposed that indicates that storMWater runoff from the project will be managed by a typical lake/swale detention system which incorporates a series of water quality "best management practices." Although the concepts proposed are sound, the long-term implementation of the concepts was not demon-. strated through the information provided. Therefore, more detailed information will need to be provided through the development review process to assure that the concepts are adhered to and that additional adverse regional impact will not occur. Further information is necessary in order to provide a full analysis of impacts. Conditions: a. The drainage system for the Lely, A Resort COlIIDunity project shall implement the design standards and water quality "best management practices" outlined in the Application for Development Approval, response to Question 22, Drainage. b. An on-going maintenance and monitoring program that regularly inspects, maintains and lamples the Itorm- vater drainage system shall be implemented by the applicant, or his successor., through project lifett.l. 100C 087"m 241 ."" . .. ..: ~~. alGI 087 ...~,t 242 C!:D May 21, 1985 c. Prior to project conatruction. the Developer will provide the information required by the South Florida Water Management District during the conceptual and conatruction permitting procesa, and report same to the SFWMD, SWFRPC, and Collier County for revieW; and that a Conceptual Surface Water Management Permit shall be' obtained from the SFWMD. 2. Hurricane Evacuation The Lely, A Re,6rt Community project is located in an area I I vulnerable to: storm surge flooding during a Category '3 ' hurricane. ' As a result, bottom floor residents with building elevations less than 12 feet NGVD will require on-site shelter space. Conditions: a. The applicant's commitments to provide shelter space at pace with its development build~ut, consistent with the standards contained (as minimums) on page 8 of the ADA, First Sufficiency Response. b. As further provisions, shelters shall have water and sanitation. an emergency power supply, and protection of interior shelter areas from exposed glass or other openings. c. The applicant shall ensure that any community associa- tion have the responsibility to keep residents informed of the County's natural disaster plan, the role of the Lely, A Resort Community, and the feasibility of res i- dents remaining at home for certain storm conditions. 3. Transportation / i Traffic generated by the..' Lely Resort DRl, when combined with other growth in the area, will necessitate subatantial roadway improvements, if level of service "C" conditions are to be maintained. Due to conflicts between ADA and the HPO's forecasts, the project's transp'ortation study requires periodic re-examination, with the first re-examination being a condition prior to the initiation of Phase III. 6 ~ ~:"!":"J';'':~) ~ _. .......-.-....-..- May 21. 1985 Conditionu a. The applicant shall be required to pay for any 1nter- section improvementa deemed necessary by the Collier County Engineer for the project's access points onto U.S. 41 and C.R. 951. b. At the time that any portion of the following roadway. is found to exceed 1eve1-of-service "c" '(,by the Collier. County Engineering Department or other appropriate JI county de~hment ,or FDOT) , the applicant shall become . , : I obligated: :' to pay a proportionate share of the cost of' constructing two additional lanes (but not right-of-way) for the segment exceeding capacity: 1. US 41 from Henderson Creek to CR 951 2. US 41 from CR 951 to Lely N/S Arterial 3. US 41 from Lely N/S Arterial to CR 864 4. US 41 from 864 to CR 31 5. CR 951 from US 41 to Lely E/W Arterial 6. CR 951 from Lely E/W Arterial to CR 864 7. CR 951 from CR 864 to SR 84 This share shall be determined by the percentage of the level of service "c" capacity of the improved road segment contributed by the project, based on actual traffic counts at the time level of service "c" is exceeded, and shall not include impact generated by the Edison College, Cultural Center, or Elementary School facilities, which will be obligated to fund their proportionate share. The cost shall be determined, at the time of commence- ment of construction, by the agency making the improve- ment, and shall be based on that agency's average cOsts for the same type improvements, or by actual construc- tion costs, if available. Payment of the applicant's proportionate share shall be due upon commencement of construction of the roadway tOOl ()~Jr'A~t~4t~ 7 . " '* 087~',~ 241 ~..",.".; ~ May 21. 1985 improve.ent. At the same ti~e, the applic~nt become. obligated to a proportional share payment, Collier County or FOOT sholl commit to adding two lanes to the road segment exceedins capacity.' Should DIOre than two additional lanes be 'required to maintain LOS "c" on a road segment during project buildout, the applicant shall partici~ate .in their funding in the manner outlined above, but shall receive / credit for jany previous contributions towards widening i the road .egment. c. At the time that the intersection of US 41 and CR/SR 951 is found to exceed LOS "c" (by the Collier County Engineering Department or other appropriate county department or FOOT), the applicant shall become obli- gated to pay a proportionate share of the cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or FOOT. This share shall be determined as outlined above. Should additional improvements be required to maintain LOS "C", the applicant shall participate in their funding in the manner outlined above, but shall receive credit for any previous improvements to the intersec- tion. d. Commitment to construct the proportional share improve- ments outlined in recommendations band c above shall be made at the time that a road segment/intersection is found to exceed LOS "C." Service level determination shall be made by either the Collier County Engineering Department or FDOT. To this end, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, the Collier County/Naples MPO, FOOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report. shall be submitted at the time of the issuance of the first 8 ~ ~'!;,1:'.;j ~ . May 21, 1985 certificate of occupancy for Lily. This report shall' contain traffic counts taken at the access points to the site and all general analyses of the projeet's origins and destinations for that given year including turning movements to the intersection of US 41 and" CRISR 951. . e. Before the initiation. of Phase III, the applicant shall submit a report to the Collier County A~ea MPO, FOOT, and Southwest Florida Regional Planning Council, addres- ! sing either the ,next phase or the entire project, I / documenting commitment in approved planning programs to fund required future roadway improvements. The report shall also update the applicant's success in diverting arterial traffic from other roadways outside Lely to the roadways within the DRI (thus lessening the need for improvements on non-DRI roadways. Approval, or approval with conditions if needed, of the next phase of Lely will be dependent upon results of this survey and the review and recommendations provided by the above-referenced agencies. Alternatives: a. Impact Fees/Assessments/and Credits If Collier County -or any other appropriate agency or government adopts an impact fee, assessment, or imposes other taxes or funding mechanisms which include the transportation capital improvements outlined above as a recipient of the revenues, this fee or assessment shall be substituted. Payments already made by the applicant for these improvements shall be credited toward the overall fee. imposed on the project. Proportional credit for the construction of the _jor internal roadways within the project ahall also be given towards the applicant's proportional. share funding outlined above based on the percentage of non-DRI traffic utilizing such road. a. determined by required traffic monitoring .tudies. .' .' lOOK 087 "A~t245 't'" If - " _._,~" _ ~ If .~ JI'~___-.-..r~""'M po- r.. "'''_~~'~'.'''''''''\ ,-..... . : :0. 087.."t 246 '. ~'l-i" t'j ,. '.. f... 1"-. May LJ., Hb.:> b. Other Alternatives It is underatood that the s,pecific condi~ions lisud above require commitments 'for payment from the developer and implicit c01ll1llitments for construction from local and state agencies. In some c.sea, the improvements may not result even with applicant c01lllllitmenta because of lack of commitment by state agencies. Therefore, Collier . ' County is allowed to provide alternatives to the above -- i conditions jwhen ~he alternativea mitigate regional I I roadway impacts. Should this alternative be pursueCl, Colliet County is requested to solicit Council review of the alternatives prior to the Development Order being adopted. 4. Vegetation and Wildlife Several rare, endangered, threatened and special concern wildlife species occur or potentially occur on site. A clan of Red-Cocksded Woodpeckers have utilized the site for breeding and nesting purposes recently in the past and could still exist at the site. Conditions: The applicant shall implement detailed site inspection for' rare, endangered, threatened and special concern wildlife species with special attention to the Red Cockaded Wood- peeker for each phas" proposed for final plat approval. Should the presence of these species be found, the applicant shall notify the appropriate agencies and shall undertake appropriate protection measures. These measures shall be approved by the appropriat,' agnecy(ies) prior to final plat ; approval. ! 5. Wetlands The applicant has proposed a conceptual series of environ- mental guidelines to limit impacts to on-site wetlands. Detailed information on specific alterations have not bun provided and could not be fully assessed. .........l.Q.. ".~.. ~ ~~j III! - " , .':J~ ;;'.' ,.~~ '\~ ~~tl. .- ". ",;\l~ , "'.~ :,.'1J~ ;,.',; ;~ ..t' '.~:~,!:,.1~ ' May 21. "1985 Conditions I a. Prior to the implementation of,any phase of ~he develop- ment, more detailed infomation shall be submitted to . the Florida Department of Environmental Regulations, SFWKD, SWFRPC, and Collier County for review according to the jurisdiction exercised by that agency. which provides the following information: 1. Ecological health, condition and function of each wetland to be impacted. 2. A more precise identification of which seasonal transitional areas will be destroyed, based on the above survey and the application of the proposed wetland resource management guidelines. 3. Historic water levels to be maintained within wetland preserves to serve as a design and review guide. 4. More detailed information on how the water manage- ment system will maintain historic water levels within each wetland preserve. (Placement and design of the adjustable structures, equalizer swales and culverts.) b. Collier County's review shall be conducted according to the provisions of Chapter 380.06(17), Florida Statutes. 6. Other Considerations The Lely site plan includes a provision for a 50-acre COIIIDunity College site to be donated to Edison Community College. The ADA indicates that the College will serve approximately 2500 students. Chapter 27F-2, ~, Devel-' opments Presumed to be of Regional Impact specifies that any post-secondary educational campus which provides for a design population of 3000 full-time students or any expan- don of more than 20% of design population to an existing campus is presumed to be a Development of Regional Impact. aOOK 087 r~':t 247 11 , , . . .-. .:"'- toOl 087 fJ?2~8 l~..~f:, I ....(,6) ......., J..,....J Conditions: The COllllUnity College lite shall be .onitored by Collier County. If the final design population for this callpuI exceeds 3000 full-t~e students, the State Land Agency shall be notified by the County and a Binding Letter of Interpre- tation of Development of Regional I.pact Statu. ahall be obtained by the appropriate applicant for. the _ COIIIIDUnity College, prior to final site plan approval. j 7. General Conaiddations' I I In the ADA fbr, the "Lely" DRI, numerous cOlllDitments were made by the applicant to mitigate project impacts. Many but not all of these commitments are listed in the Develop- ment Order. Conditions: a. All commitments and impact-mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council and all affected permit agencies as required in Chapter 380.06(16), Florida Statutes. D. Commitments specified in the PUD Ordinance 88 set forth in Exhibit A attached hereto and by reference made a part thereof including I fo~'1ow and ; I iimprovements as described below: those that the transportation commitments to local road Development Commitments 1. Energy a. Construction shall comply with applicable local and state energy codes. f>"">"~l r~~ ~;-;:"'(;,"1 , , May 21, 1985 b. Reasonable "good faith" efforu to utilize staU-of- the-art energy conservation ,techniquu sh~ll be ucle where practically and econOlllically fuaible. 'Such techniques may include, but shall not be limited to the following: 1. Provision of bicycle racks and/or storage facili- ties in office and commercial areas and in mult1- family residential areas. 2. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve,the project area. 3. Use of energy-efficient features in window design (e.g., shading and tinting). 4. Use of operable windows and ceiling fans. 5. Installation of energy-efficient appliances and equipment. 6. 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. 7. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. 8. Selection of native plants, trees and other vltge- tat ion and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 9. Planting or retention of native shade trees to provide reasonable shade for all recreation arcas, streets and parking areas. 10. Placement of trees to provide needed shade in the warmer months while not overly reducing the bene- fits of sunlight in the cooler months. "./ aOOf; 087 P4r,t 24.9 13 ........i',~. '"'.~ .....,. ~r ,,',' '4.11 ~' . . - .'. - :-'- .O~;, Cg] r: .:350 11. Plantina or retClntioD of native .hade trlu for each residential unit. 12. Orientation of struc:"tures, .. po.dble, to raduce solar hut gain by vaUa and to utilize natural cooling effects of the wind. 13. Provision for structural .hading (e.g., tnUh.... awnings and roof overhangs) wherever practical 14. when natural .J Inclus}'on of, porch/patio I I units:'. ., areas shading cannot be used effectively. in residential c. Deed restrictions and other mechanisms shall not prohi- bit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). 2. Air Quality a. The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. 3. Transportation a. The developer- has committed to his fair share; as outlined in Section 4.C.3.b., of improvements of the following roadways~ 1. C.R. 864 Rattlesnake Hammock Road, from the northernmost development entrance, west to U.S. 41. 2. C.R. 864 Rattlesnake Hammock Road, from the northernmost development entrance, east to C.R. 951. 3. County Barn Road,;' from C.R. 864 to S.R. 84 (Davis I Boulevard). 4. Santa Barbara Boulevard extension, from Davis Boulevard to C.R. 864. b. Lely, a Resort Community, ahall commit to contributing its pro-rata or fair share contribution to the CQsts of improving local transportation facilities, when such ",u~l 14 F~'" j ~~ 1:!:5 ... ;'" .....-, , ,'........ .:;>.." -:~:,.~::.! ,'t~: ~ _.,.)~,.". ;ijN, May 21, 1985 improv...nts are d....d to b. n.c...ary, ba.~d on L.ly Re.ort Com.unity'. proportion~t. impact on,!uch facili- ties, as part of an area "wide funding program, includ- ing, but not limited to, impact fe.., sp.cial taxing districts, etc. Provision of a bicycle/pedestrian syst.. connecting all land uses, to be placed along all major and minor collectors within the project. This system is to b. I consistent ,tth Collier County requir.ments. i Unless fo\.!'r laning has been completed or is about to begin. ,the developer shall provide separate left and right turn lanes at all accesses along Rattlesnake Hammock Road and Isles of Capri Road. e. Th:! developer shall provide a fair share contribution toward the capital cost of traffic signals at accesses to Rattlesnake HalllDock Road. Isles of Capri Road and Tamiami Trail when deemed warranted by the County Engineer. The signals shall be owned. operated and maintained by Collier County. f. The developer shall bear the full cost of all traffic signals which may become needed at the intersections' within the project.- g. The developer shall provide or reimburse the County for sidewalk/bikepaths along all perimeter roads to be phased to correspond with the development phases and future road widening plans, unless such improvements are incorporated into design plans and/or alternative funding methods are available, such as road impact fees. h. The developer shall provide arterial level street lighting at all accesses. The operating and maintenance costs of these units will be assum.d by the County at such time as street lighting systems are established along the roads involv.d. aOOK 087 pm 251 15- .. " . ... . :.~ . .~~~ '. ."if~,""'" 'I..~.. alOl 087 rl~t 252 f-.. i:~'~~'l l1ay .t.J., .J.~85 " 1. The developer .hall dedicate 17.5 feet of additional right-of-way along the .outh side of Rattlesnake Hammock Road and 25 feet of additional right-of-way along the west side of Isles of Capri Road for future ~oadway widening. This shall be done at the convenience of the developer or when requested by the County, whichever' occurs first. j. The County Transportation Department and the developer shall resc~J agreement regarding alignments and inter- i section configurations at the time of re-examination. Improvements shall be consistent with good design practices and transportation planning principles and the long-range planning needs of the County. 4. Water Manage~~ a. Detailed water management construction plans shall be submitted for approval to the County Engineering Depart- ment prior to commencement of construction. b. Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. c. The water management for the Lely Resort Community shall implement water quality "best management prac- tices" to the extent possible. d. The following types of development will provide on-site water management systems to retain the volume produced by either the first inch of runoff or the 3-year, I-hour storm event, whichever is greater: residential uses except types 1, 2, and 3 (See Table IVA), C-l, C-2. and C-3 development parcels, EC, CC, RC, and PS development parcels. e. Water Management Advisory Board stipulations: 1. Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review on a phase basis as outlined in the DRI. No construc- .~ j-.,'&~'~:. ":<'J 131 May 21, 1985 tion permits shall be i.sued unless and until approval of the proposed ~onstruct1on in accordance with the submitted plans is gunted by the WMAB. An, Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and a. may be amended in the future. 3. Developer shall cooperate with County Water Hanage- 2. !Dent Department in completion of proposed District No. 6 "C-4" Canal (from U.S. 41, across Price Street to the north line of Eagle Creek project) by being responsible for the following: a. Performing necessary field surveys and prepar- ation of detailed location maps of proposed improvements. b. Providing County staff with necessary legal descriptions, or other documenta, required by the County in its efforts to secure the necessary properties and/or easements that will be obtained at the County's expense by either negotiations or by means of eminent' domain. c. Submittal of necessary permits to appropriate agencies for the proposed improvements. d. Preparation of detailed construction plans and specifications for use by County in the contracting phase of the proposed improvements projects. e. Preparation of an Agreement between the developer and County to obligate the developer for 100% of the total construction cost of the proposed improvements. f. Performing necessary field layout surveys during the construction phase of the proposed BOOK ()~~PA~t~~~' .....,. 17 . ~.. ~ 'I. ~~:-.:. ,,", ... 087,,'1. 2M l]:.!'<I".;"') . ,\J"...,.. .....J -...., ,.,.; improve..nts projects and other assistance to County Staff as required by the County in it. administration and inspection of the contract. for the proposed improvement.. 4. Contingent upon acquiring appropriate permlt.~ developer shall be responsible for the following along its entire U.S. 41 front_ae: 5. a. Construct necessary improvements to the borrow / 1nal along the northerly aide of U.S. 41. I During Phase I, developer shall be responsible for' the following along Rattlesnake B8lllDock Road: a. Clean-out of the two crossings under the road near the N~ post of Section 21, Township 50 South, Range 26 East. b. Improvements to the Swale along the south side of the road along the entire development frontage to serve as a spreader facility in the adjoining low lying wetlands. 6. The "B-3 & 4" Canal (from northwest corner of Naples Manor across U.S. 41 to sufficient outlet in wetlands in Section 3, Township 50 South, Range 26 East) shall be subject to developer/County negotiations at the time of involvement with that outfall. 5. Utilities a. A central water supply system shall be made available to all areas of the proj ec t. The water supply source for the project shall be the Collier County system. b. All areas of the project shall be served by a central wastewater collection system and by a wastewater treat- ment plant. The plant shall be expanded as required to meet the project demands. c. The development shall be in substantial compliance with applicable County laws ana ordinances governing utility provisions and facilities. ~}8 11II "!' ,,,j,. ';.o.i.~. . '. . .!.~if. , ;.'~;11 ,,""fit ~ "~.'1"~~ , "'r~. :""'~l'Ji~}i ,".'! ~ ',',:-: ~~iJi;iJ';! " . . ,','N ..)~. .l,,:.,,~,>~,~ ':";~" " 1",f.'~'J~~JIJl;. ' , "h~~~ , :', 11\ 'j :. ~~~t~:,,~' d ';';~} )~~;~*~~ ~~, .<- ~~~~":~;S;';!': ';;;~~1? ./~(I '. May 21, 1985 d. Te1epho~e, power and T.V. cable service. shall be ..de available to the site. e. Water and sewer 1. Central water dhtribution and sewage collection and transmiuion system will be 'constructed' throughout the project development by the developer' pursuant to all current requiremenu of Collier " County .and the State of Florida. The proposed l water land sewer facilities will be constructed I 'I withtn easements to be dedicated to the County for utility purposes or within platted rights-of-way. Upon completion of construction of the 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 appropria::e 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 must be reviewed and approved by the Utilities Division prior to com- mencement of construction. 3. All customers connecting to the water distribution and 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 the proposed rates and subaequent approval by the Board of County COlIIDissioners must be completed prior to activation of the water and sewer facill- ties servicing the project. Rater reviews must be in full compliance with County Ordinances No. 76-71 and 83-1S a. amended, revised or super..ded. lOOK 087ra~255 19 ,:. ',,~' ,:';)'~..,'; " ". ~::.J:,: }~ "~t"'~' "t~;: ..f.':~ , :(;$ r~~ , {~~'.:: U87M~6 ~ ~'j ;.'UlY 41., l.~/),) 4. It is anticipated that the County ,Utilitie. Divil10n vill ultimately supply potable vater to meet the consumptive "demand and/or receive and treat the sevage generated by this proj.ct. Should the 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 COIIIDences, the Developer, at his expense, will install and operate interim water aupply 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 Owner, legally acceptable to the County, stating that: 1. The proposed water supply and on-site treat- ment facilities and/or on-site wastewater treatment and disposal facilities, if re- quired, 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 Owner, hia assigns or successors until such time as the County's Central Water Facilities and/or Central Sewer, Facilities are available to service the .A>roj ect. ,. Prior to placing the i water treatment, supply and distribution and/or sewage collection, transmission and treatment facilities into aervice the Devel- oper shall submit, to the County (Utility Rate Regulating Board) for their review and approval, a schedule of the rates to be charged for providing proc..s.d water and/or sewage treatment"to the project area. ~~~j l!!!!I ~.....,.. ...........iI'., !~~,.. May 21, 1985' 11., Tha proposed u.. by tha Leiy Resort Develop- ment of the ex1stin~ and potent1~~ly axpal1d- able Lily .' ERtatas Wastewatar Traatmant , "',{",' Facility shall be rcaardad ae an method of prov1d~n8 e.vase traatment disposal services to tha project. When County Water-Sewer District's ,Central Saver facilities are extended to and available to j piovida 'service to this project, all waata- , / water generated from the project shall be permanently diverted into the County's Central Sewer Facilities. iii. Upon connection to the County's Central Water Facilities, And/or Central Sewer Facilities, the Owner, 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. iv. Connection to the County's Central Water and/or Sewage Facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. v. All construction plans and technical speci- fications related to connections to the County's Central Water and/or Sewer Facilities will be submitted to the Utilities Division for reviev and approval prior to commancemant of construction. vi. The owners, their assiane or succeseor. ahall ",., ...~,!:' ..... " ,,,;",, agree to pay all applicabla syste. daVe1~p1IeD~: ",~ charge. at tha time that Buildinl Parmi~., ~r~~ required.. pursuant to appropriate ia 087~257 "'" .~~f~.~)' , '. .' ""'. , . ;; 1181 ~Z58 r:::::3 "''-''''~' f1 ,-..., -........... Ordinanc.. and Regulations in effect at the " ~~ :\" t.j'....... ,>,~, ';':,~;:", , ','~ ".!:,..,;;....,;'~"~' ...'t."". ! ,'.. ;\7f,'~~~'''. . :.-:,:::~~:' ,';:.\~ . '-;~~:~~'.1 time of Permit. re~ue.t. Thi. requirement shall be made ~own to all' prospective buyer. of properties for which building permit. will be required prior to the start of bu:1ldina construction. vii. The County at its option may lease for opera- tion and maintenance the water distribution and/or sewer collection and transmi..ion system to the project owner or his assign. 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 sewage col- lection, transmission and treatment facili- ties. 6. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for' the proj ect. Submit a copy of the approved DER permits for the sewage collection And transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. 7. Question 21B shall be modified to reflect only the interim use of ,the Lely Estates Sewage Treatment Facility as 1 a ~urce of sewage treatment ( the proj ect 's wastewater flowa. The and disposal for ultimate use o'f a County owned and maintained treatment and disposal facility shall be clearly addressed. 8. Any items within the ADA document which conflict with the above stipulAtions shall be cona:1dered ...~d,'i: . void. - lII!3 .., ~-.:.~'. ~ May 21, 1985 6. Environmental Advisory Council Stipulations: A site clearing plan shall b~ submitted to the Natural a. Resources Management Dipartment and the Community Development Department for their review and approval prior to any substantial work on the lit..' Thil plan may be submitted in phases to coincide with the dev.lop- ment schedule. The site clearing plan. shall clearly depict how the final site layout incorporates retained / native vegeJation to the maximum extent possible and how I I roads, buildings, lakes parking lots, and other facili- ties 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 Management Department and the Com- munity Development Department for their review and approval. This plan will depict the incorporation of native species and their mix wit other species, if any. The goal of site landscaping shall be the recrea- tion 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 vith and approved by the Natural Resourc.s Management Depart- ment and the Community Development Department. d. If, during the course of aite clearing, excavation, or other constructional activities, an archaeological or hiltorfcal alte, artifact, or other indictor 18 dil- covered, all development at that location shall b. immediately stopped and the Natural aesources Manag..ent Department notified. Development vill b. suspended for ;m 081~,'~ 259 May 21, 198.5.,." . lufficient length of ti.e to .nable the Natural ;; 087 ,:.~,t260 Rllourcel Hanaltement Depart.ent or a d..lgnaud con- sultant to asseas the find and determine the propeX' cour.. of action in the find and detet'1lline the proper course of action in regard to its lalvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. e. Hammock areas, 88 identified on Exhibit F, will be given special consideration in the review of the site clearing plans per stipulation 1.) with clearing per- mitted only in those areas specifically required to facilitate the residential clusters and limited as much as possible. f. Existing topographical control elevation in sub-basins C-1 and A-5 shall be maintained. g. Re-enchancement of the existing low and high level control on Basin B-2 to the historic levels which will be marked by Dr. Durbin Tabb and verified by the Natural Resource Management Department. Section 5. If any significant historical or archaeological sites or artifacts are discovered during site preparation and construction, the Bureau of Historical Sites and Properties, Florida Department of State and the County Natural Resource Management Department shall be notified to determine the importance of such discoveries, and to determine appro- priate measures to be undertaken to insure their preservation. Section 6. That the definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this Develop- ment Order. Section 7. That this Order shall remain in effect for a period of forty (40) years from the effective date of this Development Order. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if, approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. ~ ~ .~ '... "."1\'-; .".r"IJ .-' " , .. ~ ~ . , May 21, 1985 Section 8. That ~hia Order Ihall be binding upon the,. Developer, a.signees or .ucce..orl in intereat. Section 9. It is understood that any reference herein to any governmental agency .hall be construed to mean any future instrumentality which may be created or designated or succeslor in interest to, or which- otherwise pOllelllS any of the powers and duties of any referenced governmental agency in existence on the effective dati I;lf this Order. Section 10. In the event that any portion or section of this Order is determined to be invali~ illegal, or unconstitutional by a court or J agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. Section 11. This resolution shall become effective as provided by law. THEREFORE. BE IT FURTHER RESOLVED by the Board of County COIIIDis- sioners that WMBS & P being the authorized agent for the owner or developer of the project known as Lely, A Resort COIIIDunity, Planned Unit ... Development as legally described in Exhibit A, attached hereto, is hereby granted local Development Order ~ and is subject to all the re- quirements and conditions represented in the PUD Document as found in Composite Exhibit A, and as also reflected in this Development Order as well as the ADA and supporting documents as found in composite Exhibit B. This DRI Development Order shall be deemed rendered as of the transmittal date for the purposes of computing the forty-five (45) day appeal period provided under Section 380.07(2), Florida Statutes. Certified copies of this order are to be sent illlDediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. this futday of Mav 1985. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, FRED1:!/. t!. ttf/.s. CHAlllllAN 21. 1985 Lely Development Order eoo<< 087,...,! 261 2S . ,,\ "-<:'.-:.