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Agenda 07/26/2011 Item #17C7/26/2011 Item 17.C. EXECUTIVE SUMMARY DOA- PL2010 -274: Heritage Bay DRI -- A Resolution amending Development Order 03 -01, Heritage Bay, a Development of Regional Impact, providing for Section One: Addition of Buildout Date and Extension of Expiration Date; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and providing an Effective Date. The property is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) and the Southwest Florida Regional Planning Council (RPC) regarding the above referenced petition and render a decision regarding this DRI amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. The petitioner seeks an amendment to the Heritage Bay Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: 1) Add a buildout date to the DRI DO; 2) Incorporate the previously administratively approved F.S. Chapter 380.06.(19)c 2007 - and 2009 extension amendments and the new DRI extension legislation approved in the 2011 legislative session into the DRI DO; 3) Further extend the DRI DO expiration date and buildout date by four years and three hundred sixty -four days to September 10, 2028 (expiration date) and December 30, 2019 (buildout date); and 4) Pursuant to 2011 legislative action provided in Chapter 2011 -139, further extend the project for another four years as provided in that legislation. The new buildout date would then become December 30, 2023 and the new expiration date would become September 10, 2032. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Packet Page -2774- 7/26/2011 Item 17.C. Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff was not required to review this petition because the proposed action does not affect this project's original consistency determination. SOUTHWEST FLORIDA (S% REGIONAL PLANNING COUNCIL (RPC): The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 21.2011. DRI DO 403 -01 (Collier County Resolution 403 -255) Conclusions of Law I.E. that states the following: At any time in the future, should the Developer request an extension to the approved build -out date for the project, the Developer shall re- examine the housing needs of the project and provide an updated re- analysis of the affordable housing required. In response, the RPC staff report includes the following analysis of Regional Goals, Resources or Facilities: Because there are no land use changes and the law allows for these extensions cumulatively totaling 9 years 364 days as not being a substantial deviation regional goals will not change, and impacts on regional resources and facilities cannot be assessed for change. The development order did trigger an affordable housing condition that required a re- analysis of the affordable housing impacts if an extension was requested. However, the county housing development manager waved this requirement because his opinion is hased, in pant, on "the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.]% of homes sold in Collier County are now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. " The SYVFRPC staff concurs with waving this requirement. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC assessment is included in the application package.) The RPC recommends acceptance of the proposed development order amendment if the following is incorporated into the DRI DO: Packet Page -2775- 7/26/2011 Item 17.C. This development order shall remain in effect for Been (15) years from the date it becomes ,final and effective until September 10, 2028. The buildout date for the development shall be December 30, 2019. In addition, the RPC recommends the following: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. Recommendation #2 is the customary procedure followed by Collier County staff and staff will provide a copy of the approved development order to the RPC. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on July 7, 2011, and by a vote of 8 to 0 (Commissioner Midney was absent), with Commissioner Schiffer making the motion and Commissioner Ebert seconding the motion, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following stipulations: I) The resolution shall be revised to reflect the Florida legislative recently adopted additional four year extension; 2) The resolution shall be revised to include a chronology of the original buildout and expiration dates and the subsequent statutorily authorized extension dates; 3) The petitioner's agent shall, prior to the BCC hearing, submit to Growth Management Division staff a non - binding estimated absorption /revised phasing schedule that coincides with the DRI DO extensions being granted by this action. Because staff recommended approval, the CCPC approval recommendation was unanimous, and there were no letters of objection submitted, this petition can be placed on the Summary Agenda. Packet Page -2776- 7/26/2011 Item 17.C. LEGAL CONSIDERATIONS: The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for DRI Amendment Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Tmpacts on public infrastructure. The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Resolution was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. A majority vote is needed for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request for DRI Amendment, subject to the attached DR] Development Order Amendment and Resolution that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application 3) Resolution 4) Petitioner's proposed (non- binding) estimated absorption schedule for the residential portions of the project Packet Page -2777- COLLIER COUNTY Board of County Commissioners Item Number: 17.C. 7/26/2011 Item 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. DOA- PL2010 -274: Heritage Bay DRI -- A Resolution amending Development Order 03 -01, Heritage Bay, a Development of Regional Impact, providing for Section One: Addition of Buildout Date and Extension of Expiration Date; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and providing an Effective Date. The property is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida. Meeting Date: 7/26/2011 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 7/8/2011 1:12:42 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 7/8/2011 1:34:34 PM Name: LorenzWilliam Title: Director- CDES Engineering Services,Comprehensive Date: 7/8/20112:05:10 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 7/11/2011 11:07:33 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 7 /11/2011 1:02:51 PM Name: FederNorman Packet Page -2778- 7/26/2011 Item 17.C. Title: Administrator - Growth Management Div,Transportati Date: 7/11/2011 1:41:24 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/11/20114:39:04 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/12/2011 3:02:45 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2011 11:54:08 AM Name: Klatzkow.leff Title: County Attorney, Date: 7/18/2011 4:24:16 PM Name: PriceLen Title: Administrator - Administrative Services, Date: 7/18/2011 6:11:19 PM Packet Page -2779- 7/26/2011 Item 17.C. AGE... Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MAY 19, 2011 SUB.WCT: DOA- PL2010 -274: HERITAGE BAY DRI APPLICANTS: Darin McMurray, Vice President Richard McCormick, Vice President Lennar Homes, LLC of Land Development 10481 Ben C. Pratt Six Mile Cypress Pkwy. Pulte I lomc, Inc. Fort Myers, FL 33912 9240 Estero Park Commons Blvd. Estero, FL 33928 AGENT: R. Bruce Anderson, Esquire Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 REOUESTED ACTION: The petitioner seeks an amendment to the Heritage Bay Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: 1) Add a buildout date to the DRI DO; and 2) Incorporate the previously administratively approved F.S. Chapter 380.06.(19)c 2007- and 2009 extension amendments; and 3) Further extend the DRI DO expiration date and buildout date by four ,years and three hundred sixty -four days to September 10, 2028 (expiration date) and December 30, 2019 (buildout date). GEOGRAPHIC LOCATION: The subject 2,562± -acre property is located in the northeastern quadrant of the intersection of Collier Boulevard (CR 95 1) and Immokalee Road (CR 846) in Sections 13, 14, 23, and 24, Tovcroship 48 South, Range 26 East, Collier County, Florida. See the map on next page for details. Heritage Bay DRI: DOA- PL2010 -274 Page 1 of 5 May 19, 2011 CCPC Revised 4125111 Packet Page -2780- 7/26/2011 Item W.C. PURPOSE/DESCRIPTION OF PROJECT: CURRENT REOUEST. According to the petitioner's narrative statement, this petition was submitted to accomplish the following: This Notice of Proposed Change (NOPC) is to add the buildout date to the development order and to extend the buildout date and expiration date of the Development Order. By virtue of the 2007 (three year extension) and 2009 (two year extension) Amendments to Section 380.06(19)(c) FS, the Development Order has been extended automatically for a total of five years. A copy of the documentation from Collier County that the development meets the requirements for the three and two year extensions is attached. As provided in Section 380.06(19)(c)F.S, these statutory authorized automatic extensions are not a substantial deviation and will not be considered when determining whether a subsequent extension is a substantial deviation. This NOPC seeks to further extend the Buildout Date and Expiration Date of the Development Order by four years and three- hundred and sixty./bur days. Section 380.06(19)(c) FS, also states that an extension of a buildout date of five years or less is not a Substantial Deviation. Based on the foregoing, the new Development Order Expiration Date would be September 10, 2028 and the new Buildout Date would be December 30, 2019. No other changes to the Development Order are proposed. DRI HISTORY: The Board of Collier County Commissioners approved the DRI DO for this project with Resolution #03 -255 (DRI DO #03 -01). The project was originally approved for a total of 3,450 dwelling units; 200 assisted living facility units; 200,000 square feet of commercial area, 1,137 acres of lakes recreation, open space, buffers and 54 holes of golf; 863 acres of conservation/preserve area and 7.73 acres of governmental uses (included satellite facilities for constitutional offices, fire and emergency medical services as well site and utility pump station). Except as described above, there have been no other DRI DO amendments to this project. No changes to the intensity of uses or additional uses are proposed as part of this amendment. SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPCI• The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 21, 2011. DRI DO #03 -01 (Collier County Resolution #03 -255) Conclusions of Law I.E. that states the following: At any time in the future, should the Developer request an extension to the approved build -out date for the project, the Developer shall re- examine the housing needs of the project and provide an updated re- analysis of the affordable housing required. In response, the RPC staff report includes the following analysis of Regional Goals, Resources or Facilities: Because there are no land use changes and the law allows for these extensions cumulatively totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and impacts on regional resources and facilities cannot be assessed for change. The development order did trigger an affordable housing condition that required a reanalysis of the affordable housing impacts if an extension was requested. However, the county housing development manager waved this requirement because his opinion is based, in part, on "the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70. 1 % of homes sold in Collier County are Heritage Bay DRI: DOA- PL2010 -274 Page 2 of 5 May 19, 2011 CCPC Revised 4/25/11 Packet Page -2781- 7/26/2011 Item 17.C. now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. " The SWFRPC staff concurs with waving this requirement. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC assessment is included in the application package.) The RPC recommends acceptance of the proposed development order amendment if the following is incorporated into the DRI DO: This development order shall remain in effect for fifteen (15) years from the date it become final and effective until September 10, 2028. The buildout date for the development shall be December 30, 2019. In addition, the RPC recommends the following: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. Recommendations #2 is the customary procedure following by Collier County staff and staff will provide a copy of the approved development order to the RPC. DEPARTMENT OF COMMUNITY AFFAIRS MCA): DCA has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes that states: An extension of 5 years or less is not a substantial deviation.... Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, are extended for 3 years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not subject to further development -of- regional- impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection. During the 2009 legislative session, Section 14(1) of SB 360 was passed to provide in part as follows: Heritage Bay DRI: DOA- PL2010 -274 Page 3 of 5 May 19, 2011 CCPC Revised 4/25/11 Packet Page -2782- 7/26/2011 Item W.C. Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 3 73, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government- issued development order or building permit. The two-year extension also applies to build -out dates including any build -out date extension previously granted under s. 380.06(19)(c), Florida Statutes. In a memo dated March 31, 2011 (copy attached), Frank Ramsey the Collier County Manager of Housing Development provided the following analysis regarding the DRI DO housing needs reanalysis requirements (Conclusions of Law I.E.): Lennar Homes is processing a Notice of Proposed Change (NOPC) to the Heritage Bay PUD (Ordinance 2003 -40) to extend the build out date. Collier County's Housing, Human and Veteran Services Department concurs with the Regional Planning Council's opinion that a re- analysis of the affordable housing requirement is not necessary or required. This opinion is based, in part, on the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.1 % of homes sold in Collier County are now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. Staff is of the opinion that it is appropriate to extend the dates for this project given the economic situation. County staff, in recognition of a still somewhat stagnant economy, will be recommending that the Board extend the Local Economic Emergency Ordinance (LDC Section 10.02.13.D.12) for at least one more year. Staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. Using this DRI DO amendment opportunity to add a buildout date to the DRI DO, when there was none included in the original action, makes a more clear record. This action is consistent with the current DRI DO criteria wherein DRI DO document are supposed to contain a buildout date. The applicant's request to incorporate the previously approved administrative extension requests creates a more complete record of past action. Staff recommends approval of the DRI DO amendment believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on April 25, 2011 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA- PL2010 -274 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Heritage Bay DRI: DOA- PL2010 -274 Page 4 of 5 May 19, 2011 CCPC Revised 4/25/11 Packet Page -2783- PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: R,4YNTOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPN ENT SERVICES _2� WILLIAM D. LOXENZ, JR. DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES BY: r,41( -& 1-;2U5ALANUU1DA, DE?U/IY'-'4D1�'(J3ga 'ORATOR GROWTH MANAGEMENT DKISION 7/26/2011 Item 17.C. `{ /4 rr DATE I-<(-) -II DATE C'4 2s` -Zaf1 DATE G, -Io -I fl DATE Tentatively scheduled for the July 26, 2911 Board of County Commissioners Meeting Heritage Bay DRI: DOA- PL2010 -274 May 19, 2011 CCPC Revised 414111 Packet Page -2784- Page 5 at 5 X r` E a) 0 N N ti HERITAGE BAY DRI DRI #11- 2001 -154 NOTICE OF PROPOSED CHANGE Background The 2,562 acre Heritage Bay Development of Regional Impact (DRI) is located in unincorporated north Collier County at the northeast corner intersection of CR 951 and Immokalee Road (see Location Map). The DRI has proposed construction of 3,650 residential units (1,160 single family units, detached, attached and villas), (2,290 multi - family units, garden and mid -rise condominiums), 200 assisted living units, 170,000 square feet of retail, 55,000 square feet of office and 15,000 square feet of recreational and marina related uses. Three Community Club/Town Centers totaling 26 acres are located to provide residents with neighborhood focal points. A 40 acre Activity Center Commercial site at the intersection of CR 951 and Immokalee Road will accommodate up to 50,000 square feet of office uses and 150,000 square feet of retail. This center will provide services to both residents of the DRI and the surrounding communities. The DRI will also include 54 holes of golf, 460 acres of recreation, open space, golf, buffers and lake, 863 acres of conservation and preservation areas, 190 acres of development lakes, 487 acres of recreation lakes, 71 acres of right -of -way, a 2.5 acre fire, sheriff and emergency medical station site, and a 5 acre general government site for future satellite county offices (see Master Development Plan). The proposed water management system has been designed to provide water quality enhancement and water storage for the Immokalee Road canal system by attenuating offsite flows through the project. This storage will provide relief for an overtaxed system. In addition, stormwater runoff will be allowed to traverse the property and rehydrate wetlands, as well as receive further treatment prior to entering the Cocohatchee Canal. Wastewater treatment and water supply is provided by Collier County Utilities. The project is planned to be constructed in one six -year phase, with project buildoutin 2009. Based on the last monitoring report at total of 267 single family units, 694 multifamily units, 54 holes of golf, 35,278 square feet clubhouse; 882 square feet tennis pro shop; 1,972 square feet chickee bar; 7,986 square feet fitness center; and 5 tennis courts; one community pool and three satellite pools. While, The Quarry has 2 clubhouses and 2 community pools. When final site planning and permitting were conducted a conservation easement for 861 acres was placed over the land. Of the total units constructed 66 are considered affordable housing. Previous Changes There have been no previous changes to the Heritage Bay DRI. Attachment 11 shows the existing Master Development Plan for Heritage Bay DRI. Proposed Changes On February 11, 2010 a Notice of Proposed Change (NOPC) was submitted to add a buildout date to the text in the development order. Incorporate the Chapter 380.06(19)(c) amendments for the automatic three (3) year and two year extensions approved by the legislature in 2007 and 2009, respectively for the development order expiration date and the buildout date. Furthermore, extend the development order expiration date and the buildout date by four (4) years and three hundred sixty -five (364) days, with the final result being that the new expiration date would be September 10, 2028 and the new buildout date would be December 30, 2019. U Regional _ --f Analysis ti E The proposed changes have no presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes. The statutory language in these sections is as follows. C) "An extension of 5 years or less is not a substantial deviation. Any extension of the N buildout date of a project or a phase thereof shall automatically extend the Ncommencement date of the project, the termination date of the development order, the r` expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, are extended for 3 years regardless of any prior extension. The 3 -year extension is not a substantial deviation, is not subject to further development -of- regional- impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection ". During the 2009 legislative session Section 14(1) of SB 360 was passed to provide in part as follows: "Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government- issued development order or building permit. The two -year extension also applies to build -out dates including any build -out date extension previously granted under s. 380.06(19)(c), Florida Statutes ". Character, Magnitude, Location No land use changes are proposed to the DRI therefore the character, magnitude and location of the DRI will not change. W E N 0 N N ti Regional Goals, Resources Or Facilities Because there are no land use changes and the law allows for these extensions cumulatively totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and impacts on regional resources and facilities cannot be assessed for change. The development order did trigger an affordable housing condition that required a reanalysis of the affordable housing impacts if an extension was requested. However, the county housing development manager waved this requirement because his opinion is based, in part, on "the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.1% of homes sold in Collier County are now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process ". The SWFRPC staff concurs with waving this requirement. Multiiurisdictional Issues No multijurisdictional issues will result from the proposed extensions. Need For Reassessment of The DRI There is no need to reassess the DRI as a result of the proposed changes. Acceptance of Proposed D.O. Lanauaee Regional staff recommends acceptance of the proposed development order amendment language on page 28, paragraph 4 as follows. This development order shall remain in effect for fifteen (15) years from the date it become final and effective until September 10, 2028. The buildout date for the development shall be December 30, 2019. ACTIONS: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. 2011 -04 W E N O N CV r c ti ATTACHMENT I HERITAGE BAY TRAFFIC MONITORING REPORT I PROJECT LOCATION t w .is W ti N O N N ATTACHMENT II ne nt, IrI y fi uv ! ' fill Il i i ExH IBrr A - REVISION alsbn_Miller �� pI HERBAGE BAY Nf Co�e-r Count _ y Public Services Division Housing, Human & Veteran Services MEMORANDUM TO: Kay Deselem, AICP; Principal Planner FROM: Frank Ramsey; Manager— Housing Development DATE: March 31, 2011 RE: Heritage Bay DOA- PL2010 -274 7/26/2011 Item 17.C. Lennar Homes is processing a Notice of Proposed Change (NOPC) to the Heritage Bay PUD (Ordinance 2003 -40) to extend the build out date. Collier County's Housing, Human and Veteran Services Department concurs with the Regional Planning Council's opinion that a re- analysis of the affordable housing requirement is not necessary or required. This opinion is based, in part, on the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4%1 since the peak. Furthermore, 70.1% of homes sold in Collier County are now affordable to a family earning the local area median income 2. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. Frank Ramsey 1 Metropolitan Area percent fall in home value since peak value (Federal Housing Finance Agency Home Price Index through June 2010) 2 National Association of Home Builders /Wells Fargo Housing Opportunity Index (H01), 4`h Quarter 2010. j{OLI5ing. l- IL1111ln alit Vetei- an, .SenV Ices 3339 Tanviami Trail East, Suite 2`.1 • Naples, FL 34112 -5361 239 - 252 -CARE (2273) • 239 252 -HOME (4663) • 239- 252 -CAFE Packet Page - 2790 -17) • 239 -252 -VETS (8367)- www.colliergov.netthumanservices C;01er County 7/26/2011 Item 17.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING 8: LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR ❑ DRI Application for Development Approval (DRI) ® DRI Notice of Proposed Change (DOA) DOA- PL2010 -274 REV:1 HERITAGE RAY DRI PROJECT NUMBER DATE: 2 /22/10 PROJECT NAME DUE: 3/15/10 DATE PROCESSED APPLICANT INFORMATION APPLICANT(S) CO- APPLICANT (1) LENNAR HOMES LLC FIRM LENNAR HOMES, LLC ADDRESS 10481 BEN C. PRATT SIX MILE CYPRESS PKWY CITY FORT MYERS STATE FL ZIP 33912 TELEPHONE # 239 - 278 -1177 CELL # FAX # 239 278 -1396 E -MAIL ADDRESS: DARIN. MCMU RRAYaLENNAR. COM CO- APPLICANT (2): PULTE HOME CORPORATION ADDRESS: 9240 ESTERO PARK COMMONS BLVD. , CITY: ESTERO STATE: FL ZIP 33928 TEL: 239 495 -4821 CELL # FAX #: E -MAIL ADDRESS: RICHARD. MCCORMICKa - PULTE COM Is the applicant the owner of the subject property? ® Yes []No Please provide the following information on separate sheets. ❑ (a) If applicant is a land trust, so indicate and name beneficiaries. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. ❑ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. ❑ (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. (e) if applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. 609588 v 01 \1114G4.0002 Packet Page -2791- CO er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET AGENT INFORMATION 7/26/2011 Item 17.C. 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 NAME OF AGENT R. BRUCE ANDERSON, ESQ. FIRM ROETZEL & ANDRESS, LPA ADDRESS 850 PARK SHORE DRIVE CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 649 -2708 CELL # FAX # 239 261 -3659 E -MAIL ADDRESS: BANDERSON(a)RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPERTY INFORMATION Detailed legal description of the property covered by the application (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. SectionlTownship /Range 13, 14, 23&24L48 24/48 South /26 East Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: See attached survey Size of property: ft. X ft. = Total Sq. Ft. Acres 2562 Address /oeneral location of subject property Four sections of land at Northeast corner of intersection of Immokalee Road and Collier Boulevard Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 609588 v_01 \111404.0002 Packet Page -2792- �LieY� County COLLIER COUNTY GOVERNMENT DEPT. OFZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET DETAIL OF REQUEST 7/26/2011 Item 17.C. " 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 Does the proposed action comply with the Collier County Growth Management Plan? ® Yes ❑ No If no, provide a written explanation. Has a public hearing been held on this property within the last year? ❑ Yes ® No If so, please provide a written explanation of the hearing. If this is a NOPC application, has any portion of the DR] been ® SOLD and/or DEVELOPED? If so, please provide a written explanation. If this is a NOPC application please provide a list of all previous actions on the subject site, beginning with the original DRI /PUD approval and including all 'subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. Section 10.03.05.B.3 of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. 609588 v_01 \ 111404.0002 Packet Page -2793- er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET AFFIDAVIT 7/26/2011 Item 17.C. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 We /I, SEE ATTACHMENT B being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/[ understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner WeA further authorize SEE ATTACHMENT B to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was nature of Property Owner Typed or Printed Name of Owner acknowledged before me this 200_, by personally known to me or has produced State of Florida County of Collier 609588 v-01 1111404.0002 day of vho is identification. (Signature of Notary Public - State of - (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -2794- Coi`er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 7/26/2011 Item 17.C. 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 APPLICATION REQUIREMENTS FOR PUBLIC HEARING A pre - application conference is mandatory prior to submitting an application to amend a DRI or any Development Order. The petitioner shall submit copies plus the original of application form in compliance with the Checklist below. Additional copies may be requested depending upon distribution demands. The applicant and /or his designated representatives must be present at all public hearings and meetings relative to this petition. ALL EXHIBITS AND PLANS SUBMITTED MUST BE FOLDED OR REDUCED TO A SIZE TO FIT IN A LEGAL SIZE FOLDER. OVERSIZED EXHIBITS MAY BE USED AT THE PUBLIC HEARINGS; HOWEVER, THEY WILL BECOME A PERMANENT PART OF THE APPLICATION. Any documents or plans referenced as an exhibit shall be reduced to 8 Yi x 11' and made a part of the Development Order. 609568 V-01 \ 111404,0002 Packet Page -2795- coy ey coanty COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 7/26/2011 Item 17.C. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 DEVELOPMENT OF REGIONAL IMPACT DRI, DOA SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED dditional set if located In the BayshorelGateway Triangle Redevelopment Area 1 ❑ Completed Collier County Public Hearing Application 24 P I re-application meeting notes 24 Site plan 24" x 36' and One 8'/:° x 11" copy, and one jpg copy (from DRI Development Order ) Completed State NOPC Form with all attachments if amendment) 24 24 E Completed State ADA Form with all attachments if original DRI 24 Completed State Abandonment Form with all attachments (if abandonment) 24 Legal Description 2 ® E1 List identifying Owner & all parties of corporation 2 Owner /Agent Affidavit signed & sealed 2 Completed Addressing cEDCAa 2 Copies of Notices sent to RPC 2 Environmental Impact St S) and digita:Ye ectronic copy of EIS or exemption justific Survey signed & sealed 3 4 E Traffic Impact Statement (TIS) or waiver 7 Aerial photographs (taken within the previous 12 months min scaled 1"=200'), showing FLUFCS Codes, Legend, #'s and project bounda 5 Electronic copy of all documents in Word format (CD -ROM or Diskette 1 Project Narrative 24 609588 v_01 \111404.D002 Packet Page -2796- 7/26/2011 Item 17.C, CoiLiey County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643.6966 FEES: Aoplicaticn Fee ❑ $10,000 DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fraction thereof). ❑ $2,250.00 Comprehensive Plan Consistency Review (does not apply to DRI amendment) ® $5.000 DRI /DOA Amendment Development Order plus $25.00 acre (or fraction thereof) the acreage charge does not apply for amendments which only change the build -out date of the DO for a time period of less than five years. ® $150.00 Fire Review Fee ($500.00) Pre - application credit (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new Pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples News). ® $500.00 Legal Advertising Fee for BCC meeting ❑ $2500.00 Environmental Impact Statement review fee ® Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Transportation Fees if required: ❑ $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required Note: An additional fee for the 5`h and subsequent re- submittal will be accessed at 20% of the original fee. Packet Page -2797- 7/26/2011 Item 17.C. ATTACHMENT "A" APPLICATION FOR PUBLIC HEARING FOR DRI NOTICE OF PROPOSED CHANGE (DOA) APPLICANT INFORMATION Is the applicant the owner of the subject property? Yes Applicants are publicly held corporations. PROPERTY INFORMATION Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO. SECTION — DETAIL OF REQUEST If this is a NOPC application, has any portion of the DRI been SOLD AND /OR DEVELOPED? If so, please provide a written explanation. A portion was sold to Pulte Homes f /k/a Centex Homes and other lots and tracts have been sold to individual owners. If this is a NOPC application please provide a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include haring number, hearing dates and a summary of approved action. There have been no public hearings since the original approval. 609630 v -01 1000000.07% 2010 AttachmentA Lennar Homes - Heritage Bay Collier County Application for Public Heanng for Notice of Proposed Change of DRI Packet Page -2798- 7/26/2011 Item 17.C. AUTHORIZATION OF PROPERTY OWNERS, APPLICANT AND AGENTS AFFIDAVIT We, Darin McMurray of Lennar Homes, LLC and Richard McCormick of Pulte Homes, Inc. being first duly sworn, depose and say that we are the fee simple owners of the unde_ velone property described herein as Heritage Bay; and which is the subject matter of the Application for Notice o { pr❑oosea Chancre of o Development of Regional Impact• that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and oth er supp(emenf ry matter attached to and made a part of this application, are honest and true fo the best of our nowledge and belief. We understand that the information requerfed on t his application must be c plete and accurate and that the content of this form, whether computer generated or County pri ed shall not be altered. Public Hearings will not be advertised un til this application is deemed co lete, and all required information has been submitted. As property Virners we authorize R. Bruce Anderson of Roet el & Andress L P A to act as our representative,Aps the applicant in any matters regarding this application. LENNAR I a Florida Darin McMurray, Division President PULTE HOMES, INC., ❑ Florida corporation By: Richard McCormick, Vice President, Land Development The foregoing instrument was acknowledged before me this (15'k day of J�Cb-_ 2070 by Darin McMurray as Division President of Lennar Homes, LLC, a Florida partnership. He (X/�/t\ ) is personally known to me or has ( ) produced as identification. State of Florida: GAIL LUCAS : (Signature of N6tary Public - State of Florida County ofLee "A.4, Comm#DD0782766= E)Vms 4127=12 Florida NoteryAcsn., me (Print, Type, or Stamp Commissioned .............. ............................... Name of Notary Public) The foregoing instrument was acknowledged before me this day of 2070, by Richard McCormick, as Vice President of Land Development of Pulte Homes, Inc., a Florida corporation, who is personally known to me ( ) or has produced as identification. State of Florida (Signature of Notary Public - State of Florida) County of Lee (Print, Type, or Stamp Commissioned Name of Notary Public) 609622v_01 \ 111404.0002 2010 Attachment B Lennar1Pulte — Heritage Bay Collier Counfy Application for Public Hearing for Notice of Proposed Change of DRt Packet Page AUTHORIZATION OF PROPERTY OWNERS, APPLICANT AND 1 7/26/2011 Item 17.C. AFFIDAVIT We, Darin McMurray of Lennar Homes, LLC and Richard McCormick of Pulte Home, Corporation. being first duly sworn, depose and say that we are the fee simple owners of the undeveloaed property described herein as Heritage Bay; and which is the subject matter of the Application for Notice of Proposed Change of a Development of Regional Impact • that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public Hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owners we authorize R Bruce Anderson of Roetzel & Andress. L.P.A. to act as our representatives as the applicant in any matters regarding this application. LENNAR HOMES, LLC PULTE HOME CORPORATION., a Michigan a Florida corporation corporation Darin McMurray, Division President The foregoing instrument was acknowledged before me this Darin McMurray as Division President of Lennar personally known to me or has ( ) produced Richard McCormick, Vice President, Land day of . 2010, by Homes, LLC, a Florida partnership. He ( ) is as identification. State of Florida (Signature of Notary Public - State of Florida County of Lee (Print, Type, or Stamp Commissioned Name of Notary Public) The foregoing instrument was acknowledged before me this 1044. day of 666,Rvh RY . 2010, by Richard McCormick, as Vice President of Land Development of Pulfe Home, Corporation., a Michigan corporation, who aden#i�iegfiprr.' is personally known to me ( J ) gr hoe, preduee es. State of Florida (Signature of Notary Public - State of Florida) County of Lee �NT�E2 i�•4��s.K (Print, Type, or Stamp Commissioned Name of Notary Public) 60962 v_0^. \ 121404.0002 ,•"�yt¢ry tLH ,t MMISSM #005 08.2 �a� EA�ES June wmm nqrcy mM.PAlPideMl 2010 Attachment S LennarlPalte — Heritage Bay Collier County Application for Public Hearing for Notice of Proposed Change of DRI Packet Page -2800- 7/26/2011 Item 17.C. FORM RPM_BSP_PROPCHANGE 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488 -4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL MACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. Co- applicant: I, Darin McMurray, the undersigned (developer) hereby give notice of a I Regional Impact in accordance with I submit the following information c The Heritage Bay DRI and P.U.D. devel, of my knowledge. I have submitted toda notification to Ray Bellows, DRI Coord Planner for the Southwest Florida Regic of Community Planning, Department of representative of Lennar Homes, LLC change to a previously approved Development of on 380.06(19), Florida Statutes. In support thereof, ment, which information is true and correct to the best under separate cover, copies of this completed or of Collier County, to Daniel L. Trescott, Principal Tanning Council, and to Charles Gauthier, Division t 1 unity Affairs. LENNAA ADMES. LLC By: Date Darin McMurray, Vice President 561767 v-01 1 111404.0002 Packet Page -2801- 7/26/2011 Item 17.C. Co- Aprolicant; I, Richard McCormick, the undersigned owner /authorized representative of Pnite Home, Corporation. (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning: The Heritage Bay DRI and P.U.D. development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Ray Bellows, DRI Coordinator of Collier County, to Daniel L. Trescott, Principal Planner for the Southwest Florida Regional Plamiing Council, and to Charles Craud der, Division of Community Planning, Department of Community Affairs. a - /l - /o Date 2. Applicant (name, address, phone). Co- applicant: PULTE HOME, CORPORATION. By: i t Richard McCormick, Vice - President Land Darin McMurray. Division President, Lennar Homes, LLC 10481 Ben C. Pratt Six Mile Cypress Parkway Fort Myers, FL 33912 Phone (239) 278 -1177 Fax: (239) 598 -3294 Co- applicant: Richard McCormick, Vice President Land Development, Pnite Home Corporation. 9240 Estero Park Commons Blvd., Estero, FL 33928 Phone (239) 495 -4821 Fax: (239) 4954899 3. Authorized Agent (name, address, phone). R. Bruce Anderson Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 Tel: (239) 649 -2708 Fax: (239) 261 -3659 410266v_011111404.0002 Packet Page 7/26/2011 Item 17.C. 4. Location (City, County, Townslvp/RangelSection) of approved DRI and proposed change. Collier County, Florida Section 13, 14, 23 & 24, Township 48 South, Range 26 East 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. The proposed change will accomplish the following: 1. Add a buildout date to the text in the development order. 2. Incorporate the Chapter 380.06(19)(c) amendments for the automatic three (3) year and two year extensions approved by the legislature in 2007 and 2009 respectively for the development order expiration date and the buildout date; 3. Further extend the development order expiration date and the buildout date by four (4) years and three hundred sixty -five (364) days, with the final result being that the new expiration date would be September 10, 2028 and the new buildout date would be December 30, 2019. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforration may be requested by the Departtnent or any reviewing agency to clarify the nature of the change or the resulting impacts. Not Applicable. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or bas occurred, indicate no change. No changes are proposed to any of the land use types approved. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There have been no changes to the Development Order since its original approval. There has been no change in local government jurisdiction for the development. 581767 v_01 \1 11464.0002 Packet Page -2803- 7/26/2011 Item 17.C. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non- project land uses within 1/; mile on a project master site plan or other map. Not Applicable. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. No. Do you believe this notification of change proposes a change f which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. I I jjjj YES NO X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No build -out date was specified in the Development Order, although in an ADA sufficiency response, the developer stated: "Heritage Bay is anticipated to be constructed in a single six - year phase commencing in 2003 and continuing through 2009." The Development Order does however set forth an expiration date. Collier County Development Order 03 -01 adopted on July 29, 2003, a copy of which is attached, states on page 28: "This development order shall remain in effect for fifteen (15) years from the date it becomes final and effective. Both the expiration date and the buildout dates would be extended to September 10, 2028 and December 30, 2019 respectively. 11. Will the proposed change require an amendment to the local government comprehensive plan? NO. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J- 2.025, Florida Administrative Code: SRI 767 v m \ 111404.0002 Packet Page -2804- 7/26/2011 Item W.C. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Not Applicable, 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: 561767 v 01 \ 111404.0002 a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for Preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; b. .4u updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; G. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that Packet Page -2805- 7/26/2011 Item 17.C. reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J_2.025 (7), F.A.C. The only proposed change is to the language on pave 28, paragraph 4 of the Development Order and would read: This development order shall remain in effect far fifteen (1g) years r....m the date it beeeme final a aff-eetive until September 10, 2028. The buildout date for the development shall be December 30, 2019. Deletions are Struck through and additions are underscored. TYPE OF LAND USE :CHANGE CATEGORY PROPOSED PLAN ORIGI Attraction/Recreation # Pazking Spaces # Spectators # Seats Site locational changes 587767 v_01 \ 111404.0002 Packet Page -2806- Acreage, including drainage, ROW, easements, etc. External Vehicle Trips D.O. Conditions ADA Representations Runway (length) IIII li Runway (strength) Terminal (gross square feet) `4 Parking Spaces Airports # Gates Apron Area (gross square feet) Site locational changes Airport Acreage, including drainage, ROW, easements, etc. # External Vehicle Trips D.O. Conditions Airports (cont.) ADA representations Hospitals I "Beds 581767 v_01 \ 111404.ODD2 Parking Spaces - -- l' Building (gross square feet) i I ii Site locational changes Acreage, including drainage, ROW, easements, etc. ;(External Vehicle Trips D.O. conditions Packet Page -2807- 7/26/2011 Item 17.C. 7/26/2011 Item 17.C. 561767 v_01 \ 111404.0002 Packet Page -2808- ADA representations including drainage, ROW, easements, etc. t II I # Parking spaces Industrial II Building (gross square feet) # Employees chemical storage (barrels and pounds) Ii Site locational changes i # External vehicle trips Industrial (cont.) D.O. Conditions r_ ADA representations - -- j Acreage mined (year) Water withdrawal (gal/day) Size of mine (acres), including drainage, Mining Operations `ROW, easements, etc. I Sitl e rotational changes ' External vehicle trips D.O. Conditions IF- ADA representations Office Acreage, including drainage, ROW, easements, etc. } !! Building (gross square feet) f # Parking Spaces # Employees Site lotational changes lili 11 561767 v_01 \ 111404.0002 Packet Page -2808- 14 External vehicle trips -- — D.O. Conditions Office (cont.) ADA representations Storage Capacity (barrels and/or pounds) i' Distance to Navigable Waters (feet) Site locations changes Petroleum/Chemical Storage Facility Acreage, including drainage, ROW, easements, ect. i LExternal vehicle trips i ji D.O. Conditions ADA representations # Boats, wet storage # Boats, dry storage i Dredge and fill (cu. yds.) PetrOleUM storage (gals.) Ports (Marinas) !I Site locational changes Port Acreage, including drainage, ROW, easements, etc. �1 # External vehicle trips D.O. Conditions LADA representations Residential # Dwelling units Type of dwelling units I # of lots 581767 x_01 \ 111404.D0@ Packet Page -2809- 7/26/2011 Item 17.C. 7/26/2011 Item 17.C. # Rental Units 11 Floor space (gross square feet) 11 11 # Parking Places # Employees Hotel/Motel 11 Site locational changes 561767 v-01 \ 111404.0002 Acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. Conditions ADA representations Packet Page -2810- Acreage, including drainage, ROW, easements, etc. I�44 Site locational changes # External vehicle trips j r D.O. Conditions k j Acreage, including drainage, ROW, easements, etc. !ff Floor Space (gross square feet) # Parking Spaces Wholesale, Retail, Service #Employees Site locational changes # External vehicle trips D.O. Conditions ADA representations j # Rental Units 11 Floor space (gross square feet) 11 11 # Parking Places # Employees Hotel/Motel 11 Site locational changes 561767 v-01 \ 111404.0002 Acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. Conditions ADA representations Packet Page -2810- 7/26/2011 Item 17.C. Acreage, including drainage, ROW, easements, etc. # Parking Spaces Buildings (gross square feet) R.V. Park I # Employees Site locational changes 1 # External vehicle trips I D.O. conditions Open Space (All natural and vegetated non - impervious surfaces) Preservation, Buffer or Special Protection Areas Preservation (coat.) 581767 v 01 \ 1114A.U003 ADA representations Acreage Site locational changes Type of open space D.O. Conditions ADA representations Acreage Site locational changes Development of site proposed D_O. Conditions ADA representations Packet Page -2811- 7/26/2011 Item 17.C. HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT (DRI) NOTICE OF PROPOSED CHANGE NARRATIVE The Heritage Bay DRI was approved by Collier County on July 29, 2003 by Collier County Resolution No. 03- 255 /Development Order 03 -01 a copy of which is attached. This Notice of Proposed Change (NOPC) is to add the buildout date to the Development Order and to extend the Buildout Date and Expiration Date of the Development Order. By virtue of the 2007 (three year extension) and 2009 (two year extension) Amendments to Chapter 380.06(19)(c) the Development Order has been extended automatically for a total of five years. A copy of the documentation from Collier County that the development meets the requirements for the three and two year extensions is attached. As provided in Section 380.06(19)(c) these Statutory Authorized Automatic Extensions are not a substantial deviation and will not be considered when determining whether a subsequent extension is a substantial deviation. This NOPC seeks to further extend the Buildout Date and Expiration Date of the Development Order by four years and three - hundred and sixty four days. Section 380.06(19)(c) also states that an extension of a buildout date of five years or less is not a Substantial Deviation. Based on the foregoing, the new Development Order Expiration Date would be September 10, 2028 and the new Buildout Date would be December 30, 2019. No other changes to the Development Order are proposed. 609812 v -01 \ 111404.0002 DOA•PL2010 -274 REV:1 HERITAGE BAY DRI DATE: 2122110 DUE: 3/15/10 2010 Narrative Lennar Homes — Heritage Bay Collier County Application for Public Hearing for Notice of Proposed Change of DRI Packet Page -2812 7/26/2011 Item 17.C. ITEM #4 APPLICATION FOR PUBLIC HEARING FOR DRI NOTICE OF PROPOSED CHANGE (DOA) LEGAL DESCRIPTION OF HERITAGE BAY DRI All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24. Township 48 South, Range 26 East, Collier County, Florida. DOA- Pf2010 -274 REV:1 HERITAGE SAY DRI DATE: 2/22/10 DUE: 3/15/10 ichmentA Lennar Homes — Heritage Say or Notice of Proposed Change of DR! Packet Page -2813- 7/26/2011 Item 17.C. 1 -1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Say PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All of Sections 13, 14, 23 and 24, and less to the South 10o feel of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will occur and property acquisition will be concluded at such lima as project development plans have been approved by the County and Dtherjurisdictionaf agencies. The project purchaseddeveloper Is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912, 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing approximately 2,562 acres and is generally located at the northeast comer of the Immokalee Road (CR 846) and Collier 3oulevard (County Road 951) intersection. t3. The property has been actively mined for limerock by Florida Rock Industries for Dyer 28 years. Currently the mine is alive with 4141 acres of existing quarries and is permitted to mine an additional 1,266± acres for an additional 2S years. 5ections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow -way and approved for designation by the Corkscrew Regional Ecosystem Watershed (CREW) TrusL Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted to CREW. C. The Heritage Bay PUD Is bordered on the east by the Sonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource Protection Area and on the west by the Mirasol PUD. To the south is Immokalee Road. D• The existing ground elevation of the Hertage Bay PUD varies from approximately 11.0 to 15.5 feet NGVD. Packet Page -2814- 7/26/2011 Item 17.C. AUTHORIZATION OF PROPERTY OWNERS, APPLICANT AND AGENTS AFFIDAVIT We, Darin McMurray of Lennar Homes, LLC and Richard McCormick of Pulte Homes, Inc. being first duly sworn, depose and say that we are the fee simple owners of the undeveloped property described herein as Heritage Bay; and which is the subject matter of the Application for Nofire of Progosed Change of 6 Development of Regional Impact • that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplement ry matter attached to and made a part of this application are honest and true to th e best of must be County deemed As property LENNARI a Florida ,vledge and belief. We understand that the information requested on this application to and accurate and that the content of this form, whether computer generated or shall not be altered. Public Hearings will not be advertised until this application is 'e, and all required information has been submitted. rs we authorize R. Bruce Anderson of Roefzel 8 Andress L.P.A. to act as our the applicant in any matters regarding this application. Darin McMurray, Division President PULTE HOMES, INC., a Florida corporation By: Richard McCormick, Vice President, Land Development The foregoing instrument was acknowledged before me this //L k day of 2010 by Darin McMurray as Division President of Lennar Homes, LLC, a Florida partnership. he (x j is personally known to me or has ( j produced as identification. State of Florida ... ' ° ° ° °.GA(L"LUCAS•........., (Ignafure of Notary Public - State of Florida uY County of Lee a ,. <re „w ' Comm# pD07B276fi Expkes V2TJ2012 ma-Lt. we” As ,Ina (Print, Type, or Stamp Commissioned ................. I ...... I ... I.... ....•• Name of Notary Public) The foregoing instrument was acknowledged before me this day of 2010, by Richard McCormick, as Vice President of Land Development of Pulte Homes, Inc., a Florida corporation, who is personally known to me ( ) or has oroduced as identification. Stale of Florida (Signature of Notary Public - State of Florida) County of Lee (Print, Type, or Stamp Commissioned Name of Notary Public) 609622 v-01 \ 111404.0002 2010 Ay.di ment B Lennar /Puke — Heritage Bay Collier County Application for Public Hearing for Notice of Proposed Change of DR) Packet Page -2815- 7/26/2011 Item 17.C. AUTHORIZATION OF PROPERTY OWNERS, APPLICANT AND AGENTS AFFIDAVIT We, Darin McMurray of Lennar Homes, LLC and Richard McCormick of Pulls Home, Corporation. being first duty sworn, depose and say chat we are the fee simple owners of the undeveloped property described herein as Heritage Bayi and which is the subject matter of the Application for Notre of Proposed Change of a Develoaeenf of Reaional Impact that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honesf and true to the best of our knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be uttered, Public Hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owners we authorize R Bruce Anderson of Roetzel & Andress. C.P.A. to act as our representatives as the applicant in any matters regarding this application. LENNAR HOMES, LLC PULTE HOME CORPORATION., a Michigan a Florida corporation corporation Darin McMurray, Division President �,Q,Lc Lco ��u Richard McCormick, Vice President, Land The foregoing instrument was acknowledged before me this day of 2010, by Darin McMurray as Division President of Lennar Homes, LLC, a Florida partnership. He ( ) is personally known to me or has ( ) produced as identification. State of Florida (Signature of Notary Public - Stale of Florida County of Lee (Print, Type, or Stamp Commissioned Name of Notary Public) The foregoing instrument was acknowledged before me this 10•f`' day of f'i&&A RY . 2010, by Richard McCormick, as Vice President of Land Development of Putts Home, Corporation., a Michigan corporation, who is personalty known to me (J) oFbca{3adueed ee +denHfieatirnr. State of Florida (Signature of Notary Public - State of Florida) County of Lee !� �/i`jR1GK v�TuER� (Prin , Type, or Stamp Commissioned Name of Notary Public) 6096n,,01 \ 111464.ODD2 P✓<iAIC[(BIJILEA 61YC0f.4YSStoNt W 684828 E>�IRESJone 1B,ZOto Fbd,d 1M R+hud hvuoo 1gs7 . 2010 Attachment 8 Lemwr /Mfg — Ha Yage Bay Collier County AppBoatian for PoUc Hearing for No9ce of Proposed Change of DR[ Packet Pape -2816- 7/26/2011 Item 17.C. Goer County &OLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 341D4 WWW.COLLIERGOV.NET (239) 252 -2440 FAX (239) 643-6968 DEVELOPMENT OF REGIONAL IMPACT PRE - APPLICATION MEETING NOTES ❑ Application for Development Approval (DRI) Notice of Proposed Change (NOPC) (DRI Amendment DOA) PL# q ` Date: 3-)2--Q9 Time: IC)',0Q k1 Firm: PRaBcT NAMB: H E?- t-m C;1-_ Y A Applicant Name. ` Phone: Owner Nome: "- Phone: Owner Address: - City: slate: _ ZIP- C). ua -i1 . If an amendment,-State De-v�elopment Order Number. C)3- o I DRI name_ 0 t_7ejTR1EE �AAY-- Local Resolution Number. 03 iS r Assigned Planner Pt U cc- L, w Meeting Attendees: (attach Sign In sheet) Meeting Nofes l DOA- PI201G-274 REV:1 HERITAGE BAY DRI DATE: 2 /22110 DUE: 3/15/10 -1- GACummf Pre- Application Forms 2009iPre -app Forms - July 2009\DRI - DOA Development Regional Impact Pre - application juty09.doc Packet Page -2817- I 7/26/2011 Item 17.C. Car County COWER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, 9 VW 2 -2400 FAX 3219 643-6968 YW.COLUERGOV.NET ( ) VBMnTAt gMUtREMENTS (refr to appfimBon for additional mgvitsmeals) _ DEVELOPMENT OF REGIONAL IMPACT DRI, DOA SUBMITTAL CHECKUST THIS COMPLETED CHEGNST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER USTED BELOW W /COVER SHEETS ATTACHED TO EA04 SECTION. NOTE: INCOMPLETE SUMSITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Add'dional set if locafed in the EayshoM /Goleway Triangle Red meat Area within LS ndde to City of Naples 1 ✓ C.cimpleted Collier County Public Hearing Application 24 ✓ Prea nmtion meeting notes 24 Sde plop 24" x 36" and One B nfi" x 11" copy, and one ipg copy (from DRI Developnertt Orclad 24 Completed State NOPC Form with all amochmems if amendmont) 24 tr Coco leted State ADA Form with all atfarhmams rh original DR 24 ✓ completed State Abandonment Foan with all attachme is lif abandonment) 24 Legal Description 2 ✓ List identifying Owner & all parties of corporation 2 Owner AfRdoril signed & sealed 2 Coco feted Addresstag dneckrut 2 Co les of Notices surd to DCA and RPC 2 Er ironmental Impact Statement (EIS) and dighot /electronic copy of SS or exemption 'on 3 ✓ Survey signed & sealed 4 ✓ Traffic knpact Statement or waiver fe&j nP-E9 To—, ' ;�- 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (faker within the previous 12 months min. scaled 1"=2001, showing FWCCS Code; Legend, and project boundont S Electronic copy of all doaxnents In Word format CD -ROM or Diskette) I ✓ Protect Narrative 24 L„) copy of submittal podcoge must be forwarded to Robin Singer, Planning Director, Qty of Noples EVtg—w �By 1gNSt'aCZTTIOtJ� �1JVI> ENCr� END ���� C�RICJ eon ©NnJCT 2— GACumentlPre- Application Forms 20091Pre -app Forms - July 2009XDRI - DOA Development Regional Impact Pre-appliGation july09.doG Packet Page -2818- 7/26/2011 Item 17.C. Coder county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 341 D4 WWW.COLLIERGOV.NET (239) 262 -240D FAX (239) 843 -6988 Fffs Application Fees ❑ $10,DDO DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fraction thereof), ❑ , $2,250.00 Comprehensive Plon Cormislwcy Review (applies to DRI only) $6,000 DRI /DOA Amendment Development Order pin $25.00 acre (or fraction thereofl the acreage charge does not apply for amendments which only dmnge the build -out clan: of the DO for a time period of kss than five years ® $150.00 fire Review Fee ® ($500.00) Pre- apPricmHon credit (APPlicafam whmiied 9 months or more after the dote of the lost pns -app meeting shall not be credlaw fovvards application fees and a new pre- appltasNen meeting will he required $925,00 Legal Advertising Fee for CCPC meeting (to be reconaled upon receipt of Invoke from Naples News). ® $500.00 Legall Advertising Fee for BCC meeting �lfl $2,5DOA0 Environmental Impact Statement review fee Property Owner Notication fees Property Owner Notifications $1.50 Mwae'tfriedr $3.00 Cerffedretum recaw mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Transportation Fees, if requireds (submit separate check foc Transpo"ICTFees{ El $500.00 Methodology Review Fee, If required ! ❑ $750.00 Minor Study Review Fee, if required N ❑ $1,500.00 Mojor Study Review Fee, ff required -3— GACurrent\.Pre-Application Forms 20D9\PrL -app Forms - July 2009\DRI - DOA Development Regional Impact Pre- application julyD9.doc Packet Page -2819- 7/26/2011 Item 17.C. MEETING NOTES 13n.'V�fG»qn"�/ i ii) 174- Packet Page -2820- c m Im O m m V R W L d V 0 Z o Z W W C o Z W � t n. O � a N Q Z J V H Q E Z N° f� �G Z t m l 2 Q. CD C R Z 0 2) 0 U (9 E Q1 N N B Y N CV N o. N G N m C m E a O C 6 C O N N W E O d m Q T 6 Y Packet Page -2821- 1 s k 7/26/2011 Item 17.C. 0 m m m 0 v 0 L m _C C W N d a 4 m 3 n m r1 uae, 11a415449 U., 4df ae 4oi a e52S7+4 COLLIER COUNTY GOVERNMENT ADDRES"G DEPARTMENT di 7/26/2011 Item 17.C. aii S =Pisa Fai 9aya, S 230D NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Please oompleto ft following and fax to the Addressing Dc,- artmant at 239 - 2623724 a submit it Person to. the Addreaafng Depmtroant at hie above address. Etna must be sumad by Addraaafna eery nel prior to ont a naatina Pkm allow 3 da3m for Procmfna. plioutbri Not a9 bms will apply O way project Items in bold type are rwqulrad. Forms alder than 6 months will require add'ryonal review and approval by the Addressing Deparanent. PETMON TYPE rO)eapetCfon type balby, wm0te a separate Addressing CheolrTfsf iareaah Paf it 7ypa) Q BL (Blasting Permit) ❑ BD (Hoer Dolt Extension) CamlvaNCUcus Pomk CU (Conditional Use) EXP ❑ (NEXCaYation Permit) FP PIW LLA (Lot Line Adjustment) Phic (Project Narrre change) PPL (Plana & Prat Review) ❑ PSP (Proaminary Subdivision Plat) ❑ PUD Rezone ❑ RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SOP Anrendmamt) QSDPI Onsubslandel Change to SDP) SIP (Site Improvement Plan) (] SIPI (Insubstantial Change to SIP) ❑ SNR (Street Nama Change) SNC (Street Mama Change- unpiatted) TDR (rmnsfer of Developmcnt Rights) VA El VRP Nestor, Removal Permit) VRSFP (Vegetation Removal & Site FM Permit) OTHER NOPC Eff LEGAL DESCRIPTION oT subject property or properties (copy b7 rengrhy o'escrfpfibn may be attached) HERITAGE BAY TRACT E Z. (+ — L-t-g —'Z_6 FOLIO (prop" ID) NUMBER(s) of above (ar;ach m, or ass O^ with, legal deoo+i 1pn 1fmora than one) 49860072()44 STREET ADDRESS or ADCRESSES (as appJr -able, if already azsigrmo) 10154 HERBAGE BAY BOULEVARD, NAPLES FL 34120 4 LOCATION MAP must be attached showing exact location of projebt(stfp in relation fo nearest public road right- o(-way • SURVEY (topy - needed only for unplatted properties) PROPOSED PROJECT NAME (ifsppptable) PROPOSED STREET NAMES (Xappficabte) SITE DEVELOPMENT PLAN NUMBER (br existing prajecw&ft only) SDP - orARS IO2'1(0 Packet Page -2822- 7/26/2011 Item 17.C. D.La, 7/1i/i C09 TSID6e (.i5 Ter iw a :5i572i efd xY+lws Paz Tape. a Page 1 oft ADDRESSING CHEQWST -PAGE TWO "ad or daralopmant names proposed for, or already appearing In. condorrlhlurn downMts (it ap$cabon; kgrMle wnadw prapossd or arisbng) Plaasa Cneok Onw.. ® Checktlst ra to tm Faxed back 0 Personally Picked Up APPUCANT NAME: R. BRUCE ANDERSON PHONE M 649-2706 FAx 239 26i x'.689 Signature on Addressing Checidist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department FOR STAFF USE ONLY Primary Number L�:9 CoCct7 pl ZO q. LI Addres- Number Address Number Address Number APProved by:�vt l i- 6�C[,l w1 Data: updated by:_. IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 Packet Page -2 7/26/2011 Item 17.C. - Item #11 — Narrative Attachment A — Page I of 2 oi.*ei °rc.. Coffier County Community Development: & Environmental Services Division Zoning & Land Development Review Ivor. R- Bruce Anderson. Esq. February 8, 2010 Roetzel & Andress 850 Park Shore Drive Trianon Centre, 31d floor Naples, FL 34103 Re: DRI TWO -YEAR EXTENSION, DRIE - 2010 -AR- 14573, regarding the Heritage Bay DRI, Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. Dear Mr. Anderson: In your application accepted January 25, 2010 and the December 15, 2009 letter advising of your intent to extend, you asked Collier County to provide confuznation that the Heritage Bay DRI meets the requirements for an automatic extension of its phase, build out and expiration dates for two (2) years as provided for in Section 380.06(79)(c), Florida Statutes (2009). This extension is in addition to the extension granted in 2008 by virtue of the 2007 amendments to Florida Statutes, Section 360 allowing a three -year extension. That extension was approved on December 2, 2008. Collier County confirms that the Heritage Bay DRI does meet the criterion for the automatic tivo vear extension established in the Florida Statutes (2009). nmrefore, the expiration date of die DRI Development Oder for Heritage Bay DRI is extended from September 121 2021 to September 12, 2023. Similarly the phasing and build out date that was approved in the DRi Development by reference as December 2012, is hereby extended to December 2014. Please be advised that the information presented in this verification letter is based on Section 380.06(19)(c), Florida Statutes, the Collier County land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to any of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by Page 1 of 2 2800 North Horsehoe Drive - Naples, Florida 34161 • 238 - 252 -2400 • Fax 239 -643-6968 • mw colliergoa.net Packet Page -2824- 7/26/2011 Item 17.C. Item $11 — Narrative Attachment A — Page 2 of 2 Letter to R. Bruce Anderson, Esq. F, . DRI Two -Year Extension DRIE- 201041R- 14573; Hentage Bay DRI February 8, 2010 other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 252 -2931. Sincerely, Researched and prepared by: Reviewed by r i �-� /�=lJ17��im1i Kay Uvesele_m, AICP, Principal Planner Raym V. Bellows, ZoninManaE r Department of Engineering, Environmental, Comprehensive Planning and Zoning Services ec: William D. Lorenz, Jr, P.E. Department Director Daniel Trescott, Southwest Florida Regional Planning Council Lauren Beard, PUD monitoring Peggy Jarrell, Addressing Section DRIB- 2010 -AR -14573 (correspondence file) PUD file Page Z of 2 Packet Page -282S- jKWEEWQANQRESS A LEGAL PROFESSIONAL ASSOCIATION June 17, 2009 VIA: U.S. Mail Jaffrey Klatzkow, Collier County Attorney 3110 E. Tamlami Trail Naples, FL 34112 State of Florida Department of Community Affairs Bureau of Local Planning Attn: Shaw Stiller, General Counsel 2555 Shumard Oak Blvd. Tallahassee, FL 32399.2100 From: R. Bruce Anderson . 7/26/2011 Item 17.C. 7 Item #11 - Ha=ative Attacbment B - Page 1 of 6 Southwest Florida Regional Planning Council Attn: Liz Donley, General Counsel 1926 Victoria Blvd. Fort Myers, FL 33901 Re: Heritage Bay DRI — Memorandum of Notice of Extension of a of Regional Impact Enclosuras/Remarks, 8-D PARR SHORT DMVE TRiLrtOA CENTR=_. THIRD F1l`U+ N.5 FEET, FL 31103 239,649.270D DiR,Lr 239.649.6200MAIN 239.261.3659 F.tx www.ralaw.MM&alnw.mm Approved Please find enclosed for your agency`s records a copy of the Memorandum document recorded today which racngnizes that the Heritage Say DR[ build out date and Development Order expiration date have been extended pursuant to Section 330.06(19)(c) Florida Statutes, as prevlously amended by Section 6 of Chapter 2007 -204, Laws of Florlda. Should you have any questions, please feai free to eontaci me. _ Thank you for your attention to this matter. Service Notification: Recorded domment of the above referenced document43D8615 OR: 4462 Pg: 3155-3156. Extension of the Expiration Date of the Heritage Bay DRI Development Order No. 03 -01 from September 12, 2018 toSeptember 12, 2021 and Extension of the Heritage Bay DPI Development Order No, 03-01 Build Out Date from December 2009 to December 2D12. 0-EvahhD TOLEDO AKRON COLUMBUS CP.GT°NAn W,L46NGTON, D.C. TALLAKmEE FORT MYERS NAPLES wxw.ralaw.com Packet Page -2826- 7/26/2011 Item 17.C. Item #I1 - Narrative Attachment B - Page 2 of 6 CERTIFICATE OF SERVICE A copy of the forcgoing was served via regular U.S. mail to the following agencies on this A' day of T ro 2009: Jeffrey Klatzkow, Collier County Attorney 3110 E. Tamiami Trail Naples, FL 34112 State of Florida Department of Community Affairs Bureau of Local Planning Attn: Shaw Stiller, General Counsel 2555 Shumard oak Blvd Tallahassee, FL 32399 -2100 Southwest Florida Regional Planning Council Attn: Liz Donley, General Counsel 1926 Victoria Blvd. Fort Myers, FL 33901 l h. Bruce ?sderon Packet Page -2827- Item ill — Narrative Attachment B — Page 3 of 6 Property I.D. No.: Prepared without opinion of title by and after recording retum to: R Bruce Anderson Roetul & Andress, LPA 850 Para: Shore Drive Naples, Florida34103 (239) 649 -6200 7/26/2011 Item 17 43uvQ'15 OR 4462 Mi 3155 RECORDED i4 OTTICIA1 WORDS a' COLLIFB caurrS, n 66/17/2M at MQ? F, DROU, CLIN RIC PR? 35.56 COPIRS i'N Refi: R0mil R ARDUSS 956 ?ARR SBDP,R DR 3RD F1001 MLRS n34103 (Space strove this line rw r.c,jrt deb) MEMORANDUM OF NOTICE OF EXTENSION OF A PREVIOUSLY .APPROVED DEVELOPMENT OF REGIONAL rgpkCT (DRI). SECTION 380.110)(c), FLORIDA STATUTES FOR HERITAGE BAY DEVELOPMENT OF REGIONAL IMPACT SECTIONS 13 AND 14,23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA Subsection 380.0609)(c), Florida Statutes, as amended by Section 6 of Chapter 2007 -204, Laws of Florida, extends for three years all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007. The three Year extension is not, a substantial deviation, is not subject to f rthar development of regional impact review, and may not be considered when determ--ining whether a subsequent extension is a substantial deviation. AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) BEFORE Mt, the undersigned authority, on this Z7 day of �yuo 2009, personally appeared, R. Bruce Anderson, attorney, who is to me well known, and having been sworn upon oath, deposes and states, I am an authorized representative of Lennar Homes, LLC and hereby give notice of the recognition and Approval of an extension of the Heritage Bay Development of Regional Impart in accordance with Subsection 380,06(19)(c), Florida Statutes. The Notice of Adoption of the Heritage Bay Development Order No. 03 -01 is recorded in OR Book 3458 Page 1787 -89, Official Records of Collier County, Florida. This notice supplements Collier County Development Order No. 03 -01. Attached hereto and incorporated by reference herein as Exltibit "A" is the original executed letter from Collier County recognizing and approving: Extensien of the Expiration Date of the Heritage Bay DRI Development Order No. 03 -01 from September 12, 2018 to Septmnber 12, 2021; and Extension of the Heritage Bay DRI Development Order No. 03 -01 Build Out Date from December 2009 to December 2012. Page I of Packet Page -2828- C. Item #11 — Narrative Attachment B — Page 4 of 6 7/26/2011 Item 17.C. OR; 4462 PG; 31 56 FURTHER, I, R. Bruce Anderson, state that I bave submitted today, under separate cover, copies of this completed notification to the following: Collier County, Southwest Florida Regional Planning Council and State of Florida Department of Community Affairs Bureau of Local Planning, DATED this 7ZV— day of 2009. R Bruce Anderson STATE OF FLORIDA ) ss: COUNTY OF The foregoing instrument was acknowledged before me, fhis[Z�ay of by R, Bruce Anderson, who is 'ra produced (x) p..P rsonally known to me or ( )has produced as evidence ofidentification. Notary Public NOTARY RUBBER STAMP SEAL. CWW J AW OR EMBOSSED SEAL Printed Dame ;: 6tt Co1SEd1MN DD 194765 DP 79 `f7/ ° ' Commission No. Expiation Date Page 2 of 2 Packet Paae -2829- llw7w December 2. 2008 Item #11 — Narratives AttaeLuent B — Page 5 of 6 7/26/2011 Item 17.C. OR: 4462 PG; 3157 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 Mr. R. Bruce Anderson, Esq. Roetzel & Andress 850 Park Shore Drive Trianon Centre, 3rd floor Naples, FL 34103 Re: DRI TIMFE•1':AR EXTE18ION 1.1 ITZ:.R, GI,IR- 2001- AR- i3b2t, regarding the Heritage Bay DRI. Sections 13, 14, 23, and 24_ Township 4B South, Range 26 East, Collier County, Florida. Dear Ms. Anderson: In your fetter dated August 6, 2008, you asked Collier County to provide confirmation that the Heritage Bay DRI meets the requirements for an automatic extension of its phase, build out and expiration dates for three (3) years as provided for n Section 380.06(I4){c), Florida Statutes. In support of your request you provided a listing of all local development order approvals which had been issued as of July 1, 2007, thus provided evidence to supper', your contenticn that Heritage Bay was under active construction on July 1, 2007 and would therefore, meet the statutory requirent for the automatic threw year extension. ants Collier County confums that the Heritage Bay DRI does meet the criter on for the automatic Three year extension established in the Florida Statutes• Therefore, the expiration dare of the DRI Development Oder for Heritage Bay DRI is extended frcm September 1 ?, 2018 to September I) 2021, Similarly the phasing and build out date that was approved in the DRI Development by reference ss December 2009, is hereby extended to December 2012. Staff evaluated the additional information that was provided as part of the application that attempted to extend the time limits for the phasing from 2009 to 2011. In staffs opinion_ that issue is beyond the scope of the extension limits of Section 380.06(19)(e), Florida Statutes, build cut and expiration dates beyond December 2009. If you wish to pursue that issue; you w 11 razed to submit and pay for a separate Zoning Verification Letter request. Please be advised that the information presented in this verification letter is based on Section 380.0609)(c), Florida Statutes, the Collier County Land Development Code and /or Growth Management Plan in effect as of this date. Tt is possible that subsequent amendments) to any of these documents could affect the validity of this verification letter. It is also possible that Page i of 2 Exhibit "4„ _ c - c o µ Page 1 of 2 1'hrnc (239) 252 -2400 Pax (239) 252 -6968 or (239) 252 -2913 www.colliergor.Im Packet Page -2830- 7/26/2011 Item 17.C. Item III — narrative Attachment B — Page 6 of 6 y OR: .T�C2 t]!�� 31C(1x LEt6r io R. Brucc Anderson. Esq. V 'i U L V ,1 G ,RE: DRI Tyree -year EA tension ZLTR- 2008 -AR -1 -3621, Heritage BayDR1 Decamber2, 2008 development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities. environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require fu, ler information please do not hesitate to call me at (239) 252 -2931. Researched and prepared by: &a elem. AICP, Principal Planner Department of Zoning & Land Development Review Reviewed by: . I so usanM Istenes, AICP, Director Department of Zoning & Land Development Review cc: Ray Bellows, Zoning Manager, Zoning and Land Development Review Peggy Jarrell, Addressing Section ZLTR- 2008 -AR -13621 (correspondence file) Page 2 ot2 Packet Paee -2831- Fxlubit "A" Page 2 of 2 ' � ANDRESS A LEGAL PROFESSIONAL ASSOCIATION February 11, 2010 / VIA: U. S. Mail Collier County Community Service Attn: R. Bellows, Planning Manager' 3110 E. Tamiami Trail Naples, FL 34112 State of Florida Department of Community Affairs Bureau of Local Planning Attn: Charles Gauthier 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 From: R. Bruce Anderson Southwest Florida Regional Planning Council Attn: Daniel Trescott, Principal Planner 1926 Victoria Blvd. Fort Myers, FL 33901 7/26/2011 Item 17.C. - 850 PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.27D0 DIRECT 239.649.62DD MAIN 239.2613659 FAX mww.ralaw.com@ralaw.com Re: Heritage Bay DRI – Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI) Subsection 380.06(19), Florida Statutes Enclosures /Remarks: Please find enclosed the above reference application for your agency's review and the NOPC application fee check in the amount of $2,500.00 payable to Southwest Florida Regional Planning Council. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. -R-— 610796.111404.0002 RECEIVED FEB 16 2010 ZONING DEPARTM&9T CLEVELAND TOLIDO AKRON COLUMBUS CiNoNNATI WASHINGTON, D.C. TALLAHASSEE FORTMYERS NAPLES w ww. ral a w. com Packet Page -2832- 7/26/2011 Item 17.C. NON - BINDING DWELLING UNIT TIMELINE ESTIMATE FOR HERITAGE BAY DRI July 12, 2011 Lennar Homes representatives estimate construction of 120 units per year over the next 3 years. Pulte Homes has projected that through the 2023 buildout date that they will construct approximately 60 dwelling units per year. The Applicant's agent added the following note: Let the record be very clear that the foregoing is a non - binding estimate only and is in no way to be construed or relied upon as a phasing schedule under the DRI statutes and administrative rules or other law. (Submitted to Collier County staff via email 71112/11) Packet Page -2833- 7/26/2011 Item 17.C. DEVELOPMENT ORDER NO. 2011- RESOLUTION NO. 20111- A RESOLUTION AMENDING DEVELOPMENT ORDER 03 -01, HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF 11UILDOUT DATE AND EXTENSION OF EXPIRATION DATE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of Collier County. Florida approved Development Order 03 -01 (the `Development Order') by Resolution 03 -255 on July 27. 2003. which approved a Development of Regional Impact ( DRI) known as IleritaLe Bay DRI; and WHEREAS, in accordance with Section 380.06(19(c), F.S.. as approved by the Florida I.,egiSlature in 3007 and 2009, a three -year and two -year extension to the expiration date and projected buildout date was given to this DRI; and Wl IERPAS, on June 22, 2011, Developer provided written notice to County that it was availing itself of the automatic four yem extension provided in Chapter 3011 -139, Laws of Florida to further extend the projected buildout date and expiration date of the DR]: and WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar Hones. LLC and Pulte Flome Corporation, petitioned the Board of County Commissioners of Collier County, Florida to amend the Development Order by setting a buildout date and extending the expiration date; anti WIIFREAS, the Collier Counq planning Commission held a public hearing on the petition on .hdy 7. 2011; and Words s i,... - �,e;r;hiott_4 are deleted; words underlined arc added. l leritaee Bay DRI / DOA- PL2010 -27d Revised 7/07/11 1 of 5 Packet Page -2834- 7/26/2011 Item 17.C. WHEREAS, on July 26, 3011, the Board of County Commissioners, having considered application of proposed changes to the Development Order and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, and report and recommendation of the Collier County Planning Commission, the report and recommendation of the Collier County Planning Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Development Order amendmcnls. NOW, THEREFORE, BE I'1 RESOLVED BY TILE BOARD OF COUNTY COMMISSIONERS OF COLLIER COCN'I)', PI.ORIDA that SECTION ONE: AMENDMENT OF DLVFLO11MENT ORDER 03 -01 Conclusions ol'Law. Section? (FOL.1,0WING GENT R.NL CONSIDERATIONS Id.G.) of Development Order 03 -01 is hereby amended to read as follows; 2. This development order shall remain in effect #ecw{ }yeah at3r t+t kae eve H afa i e#(e +ire until September 10. 3032. ]'he huildout date for the develonment shall be Dccembc-r -,0. 20-1, SECTION TWO: FINDINGS OF FACT A. That the real property constitutive the Heritage Bay DRI, which is the subject of the proposed amendment, consists of approsimatcly 162 acres, is legally described as set forth in Exhibit "A ", attached hereto and by relcrcnee made a part hereof. B. I'he application is in accordance \sith Section 380.06(19)(c)I.. Florida Statutes. The applicant submined a Notice of Proposed Change to the Regional Planning Council, the State Land Planning Agency turd Collier County as required b1" Section 380.06(19)(c)I. This Section also provides "A Notice of Proposed Chano-,c ... that imolees an eN[cnsion of the buildout date of a development, or amp phase thereof. of less than five years is not subject to the public hearing requirements of R") and is not subject to a determination pursuant to subparagraph f(>)." Words r.r:z,a 4400,6i are deleted: words underlined are added. I Icritage litty DRI DOA- PL'OI0 - „i Rccised T07 /11 pl; Packet Page -2835- 7/26/2011 Item 17.C. C. A review of' the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The Regional planning Council notified the County in April, 2011 that the proposed changes do not create additional impacts. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. F. A summary ofthe buildout dates and expiration dates is as follows: Buildout Expiration Original Date 12/2009 (in ADA) 9 /12/2018 2007 Extension - 3 years 380.06(19)(c), F. S. 2009 Extension -2 \cars Senate Bill 360 2011 Extension - 4 years 380.06(19)(c), F.S. Proposed 4 years 364 days SECTION THREE: CONCLUSIONS OF L.ANV 12/2012 91/1 1/ 2021 12!2014 9/12/2023 12/2018 9,'12/2027 12/2023 9/10/2032 A. The proposed changes to the previously approved Development Order do not require further development -of- regional- impact review. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. Words .,.fuek4 oaf are deleted: words underlined are added. Heritage flay DR] / DOA-PL-2010-274 Revised 7/07111 3 of Packet Page -2836- 7/26/2011 Item 17.C. D. The proposed changes to the preciously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)Ic) which provides ... "an extension of five years or less is not a substantial deviation.- Pursuant to Section 380.06(c) I. it is not subject to the public hearing requirements of 380.06(19)(1)3. and it is not subject to a determination pursuant to Section 380.06( 19)(f]5, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended herebv, Development Order 03 -01 shall remain in full force and effect, hinding in accordance with the X,111., on all parties thereto. 13. Copies of this Development Order shall be transmitted imrnediatcly upon execution to the Deparunent of Community Afti,irs, 13111cau of Land and Watcr lldanaeement. and the Southwest 1'lorida Regional Planning Council. Board. C. Ihis Developnunt Order shall take effect as provided by law. BF IT FURTHER RP_SOLVI D that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and favorable vote. Done this 261' day of .Iu1v. 201 1. ATTEST, DWIGH 1 E. BROCK, CLERK Deputy Clcrl; BOARD OF COU.NIY CO'v MISSTONERS CULI.ILR COUNTY. FLORIDA BY PR1iD W. COl'LE, Chainuan Words sti ck- IIIRgtth ate deleted; %Nords underlined_ are ridded. IFferitage Ilay DRI 1 DOA-P1,20 10-2-4 Revised 710,E I 1 4 of j Packet Page -2837- Approved as to iorm and legal sufficiency: �2`�1t1 Heidi Ashton -Cicko Assistant County Attorney Section Chief. Land Use, 7ransportation Attachment: Exhibit A — Legal Description C'111 I O- CPS -O 1015'37 Words st+ttel:- braulH wu deleted. words underlined are added. Heritage Bay DRI / DOA-PI-2010-274 Remised 7/07/1 1 5 o1 5 Packet Page -2838- 7/26/2011 Item 17.C. a 7/26/2011 Item 17.C. C ilso 46ffif Yr B ... ,r p,; • -c:s . ., . ,. - •ca,;e;:v;,x•:::o gr�CClP�LL R E 1, G � U C AUG 1 9 2093 EKKIBIT A LEGAL OESCRIPTICN ' HERITAGE SAY COLLIER COUNTY, FLORIO.q Sections 13, 14, 23 arA 24. Lc,s tr, Scvrn 1pJ L:el of S3c East, Ccilicr County, Rand 9. Eon, i3 a 24, 7orti nship 43 °auth, Raroe 20 COntainina 25623 zcrec, more Gr I�ss Prepared by: WiyyyynnllscrtMilfer, <iL� G ry f stf n1 F � icn I- ur cyt P 1 �p�r f,rtr,.Ln ,.. �C...Oo Not valid a,iJhou e ;one,_ ,: and the Grin -iel rriis-_d sr, a! of ryor and n,appEr, F,f AV : 43442-OOS- 002 -11 E; /A, 2003 /(maples �.�rt :fYO;s .csra ct= - fay, Oily R,Vcj� uan..am•'R'.c s ...ter n .. _.r .. ... Packet Page -2839- 7/26/2011 Item 17.C. 16D as Krlday, July 1, 2011 a Naples Daily News 7TICE OF MEETING 0 Ner11rE r NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, July 26, 2011, In the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Ta. mlami Trail, Naples, Florida, the Board of County Commissioner will consider the enactment of a Development Order Amendment. The meeting will commence at 9:00 A.M. The title of the proposed Development Order/Resolution Is as follows: A RESOLUTION AMENDING DEVELOPMENT ORDER 03` -01, HERITAGE BAY, A DEVEL- OPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE AND EXTENSION OF EXPIRATION DATE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PRE- VIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection: All Interested parties are invited to attend and be heard. ' NOTE: AO Persons wishing to speak on any agenda item must register with the County administrator prim to presentation of the agenda item to be addressed. In- dividual speakers will be limited to 3 minutes on any item, The selection of an indi- vidual to speak on behalf of an organization or group is encouraged. N recognized by the Chairman, a spokesperion for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included In the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prim to the public. hearing. Alt material. used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that averbatim record . of the proceedings is made, which record Includes the testimony and evi- dence upon which the appeal is based., If you are a person with a disability who needs any accommodation in order to par- ticipatein this proceeding; you are entitled, at no.cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Managefham Depart- ment located at 3335 Tamiami Trail East, Building W, Naples; Florida 34112, 1239) 2S2 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' pffice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - fKED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK 8yy: Martha Vergara, Deputy Clerk (SEAL). July 1: 2011 , N1407it0 . x Packet Page -2840-