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Agenda 10/25/2011 Item # 8B1=512011 Item 8.B. EUCUTWE SUMMARY n Comity06 -AR- appovingaaaevl OR[— ARemmtivv oftbe Lard a Devayneent a wen dhapier Comity, Pwrkta approving I a Development o Order fan Baeleede Lskq a Range an Rudiment fmpM l0, Ton6utiawIttmorpe 27 mamravgk 25,TmrvaidpfiP South, payeeiv East, p Ilad,70ma34ever d0. dwelling in lmmb, Range 37 gut, Calgm Coeuty, Fbrids and teb tender amw up w 1.760 ntidnteb dgistal oing and mo ng am 32 , M gauoaa vehkk park anti amt Rosalyn fan independent udeg amiaed uvmg and vukamg act 337,SW spaere feet d reten u0. 70pu0 wore fed d pU&mr vl and aealal a co versant as i arveruor a Mau me re psofa®ana and medial a ®q a Uiaom ■rod including aacaevmfovmba adapark,fad,00o e4aare fed dbwmeapark and eximi g mm�p,apgbue &bad, and eondiagfar infiegid •ardar Depgry* Passive recnaum and a sage •4gwP on how (C (Compound" providilamr Flodiap swap padding Ile Ceatlarlvu oflaw; era provNive u eHeetive dam (CamPlMawlRWlau PUDZ2WbAR - /Ma6 and CR2006 -11). ORXECTM: To have the Bond of Cmmy Commimioms (BCC) review sniffs SMinp� W mco ®wdatiaas along With the moca m ndations of the Collier Comely Plemfg Commission (CCpC) and tie Sumba al Florida Railroad Planning Comnll (RPC) regmdmg the above referenced pedtian and mdm a decision regarding this DRI Application fm Development Approval (MIA) petition; aid name ties project le in hammy widI au the applicable codes and regulations m mdm to esgme tan the commmdty+s inMesla ere maivmined. CONSIDERATIONS: The petitioner seeks approval of a DRI that will allow development of np to 1,760 raidmtal dwelling smile indudmg constants to vocational vehicle park and senior housing for independent living, waisted living and nursing care; 327,500 square fed of recoil use; 70,000 spume fed of professional and medial office including acunveMw of retail me w professional anal medical office; a 135 -mom hotel including a mnvmakn to business park; 140,1100 spume fst of business park or educational facility; &public school; sad corrtvwti m ofaisting "In door Deputy "pawive recreation and exindng `swamp buggy" attrutm UT 11_': The County co11Ma impact fees prior m the iwuavice of building permits m help offan the impacts of each slew developmem on public f Bites. These impacl far ere used m fwd pmjecm identified in the Capital Improvement Fil ®nit of the Osowth Management Plan a n=W In maintain adopted Level of Service (LOS) for public filides. Msibioedly, in order m meet the on domrmrts of cowunawy mmagmem, the d017010per Of very local development Order approved by Collier County is napaird an pay a portico ofthe wmnatal Tawposktmn Impact Fen associated with the project in accordance with Chapter 74 of the Collin County Code of and Committees. Other has collected prim to issuance of e building permit imlude building permit review fen. Finally, additional revenue is ge eated by appkcetim mind valorem tax mks, and tat revenue is directly relamd m the value of the inpmvemmis. Place rote Oat impact Ices and maw celimmd Isere not fcluded m the abatis used by staff and the Planing Commission to antlyze this petition. MWWdes Laker DRI.OR13lYAnR -10147 pya l Na RehiNd WWII aCxymgOWe1WInl Packet Page -67- 10/25/2011 Item B.B. . GROWTH MANAGEMENT PLAN (GMP) IMPACT, Future Land Use Figment (FLUE); The County's Future IzM Use Map designates [approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Destiny. The balance of the site has the furore land use designations of the Urban Residential Fringe (IJRF) Subdistrict, and Mixed UseACdvity Center (MUAC) No, 7. Policies and Provisions for these designaions are located in the FLUE and the CCME of the Growth Management Plan. The property owner submitted an application to amend the Grovnh Management Plan PUMP) through petition CP.2006 -11 seeking to amend the Future Land Use Element (FLUE) and Conservation and Coastal Management Element (CCMEI Which is a companion to this petition and must be approved If in order for this petition to be consistent with the GMP. For more details, please ref to the Comprehensive Planning Staff memo, dated July 12, 2011. SOUTHWEST FLORIDA REGIONAL PLANMNG COUNCIL (RPCP The Southwest Florida Regional Planning Council (RPC) has found the Hacienda Lakes Application for Development Approval (ADA) sufficient and the Council heard the DRI assessment report for project on June 16, 2011. During this meeting, the RPC recommended Conditional Approval of the project. The RPC repart and recommendations have been submitted to Collier County pursuant to Sanitation 380.06(12), Florida Studios. In addition, a comprehensive review of the regional and local impact generated by this project has been conducted by the appropriate Collier County departments and agencies. All reviewing agencies have indicated that the proposed DRI is consistent with the LDC and tae Grovah Management Plan (GMP) n it will be amended in the companion GMP Amendment As a result of the local and regional review, the RPC has determined that the project is consistent with the State Comprehensive Plan subject to the recommendations listed in the RPC report which accompanies this staff report. The Department of Community Affairs (DCA), pursuant to its rule as the state land floating and emergency management agency, has reviewed the ADA for consistency with its statutory responsibilities under the Florida Coastal Managernent Program (FCMP), which includes the enforceable policies contained in Chapter 163, Part 11, Chapter 252, and Chapter 380, Florida Saudi The DCA has determined that the project is consistent with the Collier County Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION (CUPID RECOMMENDATION The CCPC heard this petition on September 1, 2011, and by a vote of 7 to 0 (Paul Money was not present and there Is one vacant position on the Commission), with Commissioner Schiffer making the motion and Commissioner Ahem seconding the motion, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following stipulation: 1) Map H-2 shall be revised to retirre the separate RV designation; 2) Add Florida Division of Historic Resources to item 2C; 3) Add language to require coordination for equestrian provisions; 4) Add "developable acres" to school section; 5) Add "atlemin to" to item g of the school section; Hacha Lakes Oat DRI FNaAR -1010 g ie an9111 aCC„eannpnatImIli l Packet Page 68- 10/2512011 Item B.B. 6) Add requirement that the developer shall notify the DEC and the Florida Department of Economic Opportunity (formcdy DCA) if any land use conversions are milized; 'n Procure approval from Collier County Emergency Management regarding the BY use; and 8) Address the "sodium, training and practice facilities for professional baseball (Group 994D' use from the Swamp Buggy Days regarding the need to file a DRI Notice of Proposed Change. 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. The changes requested have been made to me DRI DO, and the petition was approved on the September 15, 2011 CCPC Consent agenda. LEGAL CONSIDERATIONS: The burden falls upon the applicant for the DRI to prove that the proposal is consistent with all of the coterie set forth below. The burden then shifts to the Board of Counts Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment doe not meet ogre or more ofthe listed criteria. Criteria for DRI I. Consider: Consistency with the Collier County Land Development Code. 2, Consider: Consistency with the goals, objectives, and policies of me GMP e. Consider: Impacts on public infrnNUCture. 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 Sup Repoe, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at me BCC hearing is these items relate to these criteria The proposed Resolution was reviewed 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 required for Board approval. (HFAC) RECOhIMENDATION: Stay concurs with the recommendations of the CCPC and mother recommends that the Board of County Commissioners approve the request for DRI Application for Development Approval, subject to the attached DRI Development Order and Resolution that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselect, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) SoyRemw 2) Resolution 3) Backup material information sheet Hacienda tskea DRI, DR 1-2pCFAR -10147 Peye 3 ad wC Heen,g nine IN11111 Packet Page -69- 10/25/2011 Item B.B. COLLIER COUNTY Board of County Commissioners Item Number: B.B. Item Summary: This item requires that ex pane disclosure be provided by Commission members. Should a hearing be held on this Rem, all participants are required to be sworn in DRI- 2006-AB- 10147 : Hacienda Lakes DRI -- A Resolution of the Board Of County Commissioners of Collier County, Florida approving Development Order for Hacienda Lakes, a Development of Regional Impact located in Sections 11 through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential dwelling units including conversions t0 recreational vehicle park and senior housing for independent living, assisted Irving and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and medical office including a conversion of retail use t0 professional and medical office, a 135 room hotel Including a conversion t0 business park, 140,000 square feet of business park or educational Facility, a public school, and continuation of existing "Junior Deputy' passive recreation and existing "swamp buggy" attraction; providing for Findings of Fart; providing for Conclusions of Law; and providing an effective date (Campanian to Pethions PUD2- 2006 -AR -10146 and CP- 2006 11) Mending Date: 10 /11/2011 Prepared By Name: DeselemKay Title . Planner, Pdncipal,Engineering& Environmental Ser 9/212U1I 11:2015 AM Approved By Name'. BellousRay Title Manager Planning, Comprehensive Planning Date 9/21/20113:48:07 PM Name: PUigludy Title'. Operations Anal LCDES Date 921/201145533 PM ^ Name: LweraWilliam Packet Page 70 10/25/2011 Item B.B. Title: Director -CDFS Engineering Servioes,COmpreM1Cnsivc Date 9/22/2011 10:3908 AM Name AsmortHeidi Title: Section ClrefAand Use- TmnspormtiimCounry Actor Date 9/22/2011 1:0]:34 PM Name EedelNorman Title: Administrator - Growth Management Dlviransportari Date 9/23/20112:0]:54 PM Name: Maullaleanne Title: Executive Secretary.Ttenspottmion Planning Date: 92620111:57: 59 PM Name: Klatzkowleff Title '. Court Anamry, Data 990201123932 PM Name: ISacksonMark Title DhectonCorp Financial and Mgmt Svs.CMO Date: 10/4/2011 11:3]:17 AM Name :l ackuonMark Title: Direemr -Cory Financial and Mgmt$vs,CMO Date 10 /42011 1143:04 AM Packer Page -71- w 10/25/2011 Item B.B. CoMenly TO: COLLIER COUNTY PLANNING COMMISSION MOM: WNWG SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DNISION— PLANNING & REGULATION HEARING DATE: JULY 21, 2011 RE: PETITION NO: DRI- 2006 -3&10141; HACIENDA LAKES DRI (COMPANION ITEMS: PUDZ2006 -AR- 10146, AND CP- 2006 -1I) APPLICANT/AGENTS: A�°fcav[: Hacienda Lakes of Napla, LIG clo wffi Toros Iaples,,341 Court Naples, P134105 1UM.'M8sx0 0I4M acs: Dwight Nadeau Richard D. YOVmovieh, EsIonte RWA Consultants, Inc. Coleman, Yovanovich &Kcesmr,PA. 6610 Willow Pak Drive, Suite 200 Noncan Treat BVk Building Naples, IT 34103 4001 Tamiemi Ton North, Suite 300 Naples, n 34163 The petitioner is requesting approval of a Development Order for the Hacienda Lakes Development of Regional impact (DRO to allow for a mix of residential, mmmerciW Install and office), hotel, business pink and education facility uses as well as the continuation of existing junior deputies passive recreation and existing swamp buggy attraction uses. The subject property, consisting of 2262x acres, is located on the east side of Collier Boulevard (C.R. 951) W the intersection of Colder Boulevard and RalllespakefFiammack Road and north, and south of Sabal Paint Road in Sections 11 -14 and, 23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Co11ia County, Marine (See the Incision map on foliowingpage) the petitii na is requesting approval of Bids Development of Regional Impact MRI) for Hacienda Lakes to allow develapmeut as showy antis table onthe following page. Nacatina take DRS, oW.2006,AR -10147 Page t ot] .Ivry 21, 2011 CCPC cast Ransae: matt Packet Page -72- ���no'�il�: ®JIILY9 p SEE =®tom EEO �� ® IR MI e� y t��l� — w��iivaa!1!I ®�Y�" ,�I�iJ311r f ` 10/252011 Item 8.8. i r Packet Page -73 a z z z O N z O F O O J I 1 I 3 3 JR � It J1 — Packet Page -73 a z z z O N z O F O O J I 10/25/2011 Item 8.6, LAND USE SUMMARY Ctil'AALOR IA'iJ eY :PiGLC vVF -P 151 L.IF} Mp{G 701aeOSF 14ONSF )aeld t - J 47 117+ 0. RE tbllxrJlr -L an.ant aTles Ea5 11'7 '.MUG 35.]8! MRES " =HET E 1564,:4} sCRES -F - 63=Fr, Iff, 1.]31 ACRES 2 £_Tr 21652! ACRES -GWC L I'551 ACRESI EID£iJOL, 1' >L !tiE 38E2Y BORES ll E -.E4E T 12Qlk HURLS TOTAL. 226214 x ACfff6 As proposed the project will be developed 'm one eight -year phew Hatt is to be divides into Mo Stages (2012 -2016 End 2015 -2019 as shcwu below as an excerpt from Map H -2), with developmon to begin in 2012. Duildom is projected b scow in 2019, ESTIMAnD DEVELOPMENT SCHEDULE an.51MS 701aeOSF 14ONSF )aeld t ae@vegreemlmunm iny�y ESTIMATED DE%HEUOPMENT SCHEDULE 2D19 Z10 und, Site Description The total project site is 2262.14= acres, 170054s acres of which contain native vegetation m accordance with the defw'f in the GW and LDC. fin site native vegetation commtmities are descdW in the exhibits attached to dhe EAC steffreport tlmt is induccod in the back W wtorma lion- ]ae project Site Contains 1,752.72a ecces of SFW jurfic iebonel wetlands arul 17.58} acres of other sntaoe waters (EIS P.xhibit 3), n"ceplan is designed to preserve f higher quality wetlands on -site which galerdlly lie towards the eacrav portion of the project site. The proposM project design will result N 440.021 acres of wetland impacts and epprotdmamly 9.65 acres of impact to otaa surf e McNOMa U"s DR[. CRr2DU64U110147 Pie 2 of 7 .Iuli 212011 CCPC Lan Re,iwd 7MWfl Packet Page 44 an.51MS 701aeOSF 14ONSF )aeld t ae@vegreemlmunm iny�y Site Description The total project site is 2262.14= acres, 170054s acres of which contain native vegetation m accordance with the defw'f in the GW and LDC. fin site native vegetation commtmities are descdW in the exhibits attached to dhe EAC steffreport tlmt is induccod in the back W wtorma lion- ]ae project Site Contains 1,752.72a ecces of SFW jurfic iebonel wetlands arul 17.58} acres of other sntaoe waters (EIS P.xhibit 3), n"ceplan is designed to preserve f higher quality wetlands on -site which galerdlly lie towards the eacrav portion of the project site. The proposM project design will result N 440.021 acres of wetland impacts and epprotdmamly 9.65 acres of impact to otaa surf e McNOMa U"s DR[. CRr2DU64U110147 Pie 2 of 7 .Iuli 212011 CCPC Lan Re,iwd 7MWfl Packet Page 44 10/2512011 Item B.B. waters. A wetland preserve map is included in the EIS as exhibit 11 The proposal mitigation for ^ wedand impacts is the enhancement sort preservation of 1,282.66 acres of on -site wedaads. Exotic vegetation will be removed and supplem ®tat planting will be cuaductet in areas when exotic vegetation aceeds 5W serial coverage. The mifigatiw plan also includes the enhancement and prcsmadon of 260.39f acres of optical preserves and upland buff . SCIU' EST FLORIDA REGIONAL PLANNING COUNCIL The Somhwert Florida Regional Plav®g Council UTC) bas fount the Hacienda Lakes Application fox Development Approval (ADA) sufficient and the Council bemd the DIM asassment «port for project on June 16, 2011. Doting chic meeting. the RPC recommended Conditional Approval of the pmjecL Tne RPC report and rxommwdatioos have hero submiaed to Collier County pursuant to Subsection 380.06(12), Florida Statutes. In addition, a comprebensive review of the regional and local bnpact genvazN by this projem has been concurred by the amroprime Collier County depam nests and agencies. All reviewing agencies have itdicatW that the proposed DIU is consiafunt Rich the LM and the Growch Management Plan (GMP) as it will be amended in che companion GMP Amendment. As a result of the local snc regional review, the RPC bas determined that the project u consistent with the State Comprehensive Plan subject to the recommendations listol in the RPC report which accompanies this staffrepon DEPARTMENT OF (7OMMUNFFY AFFAHtS: Use Department of Community Affairs (DCA), pursuant to its sole as the state's land planning end emergency managetnent agency, has revluwei the ADA for commustny with its statmory responsibiliries order the Florida Ceeslal Meoagemem Pmgmm (FCh1P), which includes the ^ eN'omeable policies contained in Chapter 163, Part R, Chapter 252, and Chapter 380, Florida Statutes. DCA has determined that the project is consist®[ with the Collier County Growth Management Plan. STAFF REVIEW: Developmant mnhor'vatioas coatsinM in DIM Development Orders ate prerequisite to IoW use actions that implemlmt DM lead use au[horusahons. DRI Development Orders are shucmred first ant foremost In contaot regulations that respoW to relationships dictated by Store Administrative tiles, specifically, those relationships end questions then an applicant is requird to only aci report as part of the Application for Development Approval (ADA). Appropriate evaluation of DM petitions should estabEsh a factual basis for supporrive action by appointed and elected decision - makes. The evaluation by pmfessioaal stonfl'should typically include an analysis of the petition's relationship m the commwdTy's future land use plea, and whether or not the proposed land use would be consisent with the Collier County GIv1P in all of its related elements. Verious County end Regioaet entry sre6 members completed a comptehes live evaluation ofthis DRI land use petition As cored in the staff refen f the companion PUD and GMPA, the proposed project is consistent with the GMP, as it B to be a neMed en the companion GMPA, subject to staff recomm ®detiors. GROWTH MANAGEMENT PLAN (GMF) CONSISTENCY: Future Land Use Element (FLUE): The County's Future Land Dse Map designmea lappmvtuately 1,637 reveal of the subject site w Rural Fringe Muni Use District (FJtNU D) Sooting lands, Belle Meade Natural Resource Protection Area(NRPA) Overlay. ^ Hackndaldue URI, ORL2)(15-AR -10147 P e3N] Jdy 21. 2011 CCPC leer Revered: 7/I L11 Packet Page -75 - 1025/2011 Item 8.8. ^ The balance of the site has the flmne Ind use designations of the Urban Residential Fringe (URF) Subdistrict, and Mixed Use Activity Curter (MUAC) No. 7. Policies and Provisiore for these designations we lacate i in the FLUE and the CCME of the Growth Manegavent Plan. This OPT petition is a companion w petition k P- 2006 -11 which will implement changes to the GMP to accommodate the proposed development. Comprehensive Planing staff has prepared an analysis and recommendation memonvdum that bas been aftiodod (dated July 12, 2011). To sununarve, Comprehensive Planning staff has identified ascend meal of concem and is rewmmendWg that fats petition can be found consistent with the GMP IT We following issues are addressed in the companion PUD docmnevt (PUDZ- 2006 -AR- 10146), as recommended by stuff. The developer shall include pnvisionanndatds f bureau scale developmem, pedesMav tientation and tons, and poiesltian and bicycle facilities for Activity Center No. 7 and its irrmrwnnect� portions of the project. A project of Was size said complexity should watsin a bicyWe/pedeslrianond e-msit masts plan 0w identifies the following: • Convections from each raidential neighborhood and commercial development between each wmponent of the project and to the established CR -951 Greeaway said the existing or planned transit System; and • Expaoded transit shelters w accommodate existing and future demand. Stab recommends mend nose it shelters that are adequately si2cd and afford seating (Pavilion shelters at a rumination e of 20'x2(Y), protection from the elements, bike tacks or smmge facilities, and ®mediate access m the bicyde/pedemiav network DN DEVELOPMENT ORDER: A summary of some of the key issues Wet included specific recommendations of the RPC in midgate We regional impacts is provided below. The issues are divided into regional issues and local issues in conform to We outline of the RPC report All RPC rewmmend our have been inwrparaw into We marched and DIU Development Orden (DO) atmcbed to this smfirepprc and/or the PUP document. REGIONALISSUES HISTORICAL AND ARCHAEOLOGICAL Please refer to page 8 of We draft DID DO. ENERGY' Please refer to page 5 of the draft OPT DO. HURRf EPREPAREDNESS: Please refer to Me of the draft DRI DO. SOLID /HAZARDOUS/ DICAL WASTE' Please referto page 32 offie draft DRI DO. STORMWATER hfANAGhAfiFW Pleeserefa to page 11 aPWe draft DRI DO. llatienna takes DR1, DR14006PR -10141 Pap4of 7 Joy 21, 2m1 CCPC teal Renpeal 711 311 Packet Page -76- 10/252011 Item B.B. TRANSPORTATION: .-. Please refer to page 16 of Ore deft ItM DO. VEGETATION WILDLIFE AND WETLANDS Please refer to page 24 of the draft DRI DO. WATER SUPPLYAND WASTEWATER MANAGEMENT Please refer to page 28 of the draft DRI DO. CONSISTENCY WIIH THE MCAT COMPREHEEISIVE PLAN: Please ref to page 35 ofte draft DRI DO. LOCAL ISSUES: (Toese issues are still a is ea al in the DM DO) EDUCATION: Please refer to page 33 of the draft DRI DO. Phase refire to page 30 of theshuft EM DO. RECREATION AND OPEN SPACE: Pleven refer to page 36 of t¢ draft DRI DO. ^ ADDITIONAL NOTES: Diving the review of the DM and PUD projects, Cowty smffhes voical concepts obont the aggressive ratan of the petitioner's proposed bacteria schedule. To staff, given to content somewhat leckluster tray suit the forecasted crvtinumce of them economic situation into the from, it .roves unlikely that completive of this project within the narrow time fume proposal by to petition sort be accomplishal. The petitioner wW need 4 addms to outdoes schedule before the CCPC. Section 16 of the DRI DO (p. 50) needs to be revised to enablid one catty that will be responsible for all aspect of this project as it develops. The sfazemmt, 'The Commitments may way be assigned by written notice to the Gmwin Mmugement Division Aslmivisaator and confirmation that to Ades• eirmoat has receive such entice needs to be reps wit to following new paragraph: One entity (herein jrer the Managing Ennry) shall be responsible for PUD aM DAY monitoring miss close -ont of the PUD and ON,, and this entity shall also be responsible for sassfying all PUDIDE commitments beat olwe -out of the PUD and DRI At the see of this DRI approval, the Managing Entity a A ienda Lakes of Nailer LLC Should the Managing Entire desire to meager the monitoring and commitments to a successor enriry, then it enter provide a copy of legally bidding document that reeds to be aggroved for legal sufficiency by the Commy Adorney. After such approve( the Me reging Eeay will be released of its obligeions pan written app and of the transfer by County std' bait the successor enriry shall become the M ging Emiy_ As Owner and Developer sell off tracts the Maraging ^ Fishy shalt provide written nitre to County that eschdes an ac.6mw/edgeme n of the Netlenee "der oat, oa1-200KYM -1o147 Pme s ot9 July21,2011 scvc tart Ran N'. VIN11 Packet Page -77- 10/25/2011 Item B.B. commentaries reguned by the PUD and DRI by the new owner and the new owners agreemem to comply with the Commitmenu inveigh the Managing Entity, bat the Managing Entity sang not be relieved of its respovibiliry abler tau &ceon When he PUD and DRI are closed - am, then the Almiaging Entity is ro longer responsible for the monitoring and neyElme d of PUDandORtcummummus ENVIR014fv1EN7AL ADVISORY COUNCIL MAC) RECORUfENDATION- The Envlrommodal Advisory Conrail (EAC) reviewed this project on June 1, 2011. The ESC voted 5 to 0 W recommend approval subject to the conditions of approval comainal w the EAC Staff Italian which are listed below: 1) The developer stall submit an updated listed species smvry prior to the net Development O dm. 2) spredeveloperswi coordinate County and the Florida Water Management Lostraocid to spreader swages with Collier County and 3e South Flo Winer Manegemmt Distritt and to oecw priorm the Dust preliminary acceptance. Conditions reflecting those 1atwremmt have been included in the PUD document as the recommendation from the EAC was the same for both the DRI and the PUD petitions. Staff and the applicant we of the opirdon thet it is more approprime to place these requhemevt in the PUD document as the issues being adAessed we local issues. .-.. COUNTY ATTORNEY OFFICE REVIEW: The County Attomey Office has reviewed the smffreport for this petition revisal on June 2], 2011 and provided the following iNbamvtiov regaling review of this emblem. The bmdev falls upon the applicant fin the Development Crdm to prove that the pmpmed is consineat with all of the criteria set forth below. Criteria for DM Developmeat Order I. Consider. Coasistevcy with the Collier County land Development Code. 2. Consider: Coms ewywiththegoa ,objectives,avdpoliciaofthe GMP. 3. Consider: Impact on public ia&asmscnue. STAFF RECOFDYIENDATION: Staff recommaWs Chet the Collier County Planning Commission (CCPC) forward Petition DRI -2005- AR -10147 to the Dowd of Cowry Commissioners (RCC) with a recommendation of approval w desvibed by the accompwrying resolution, with the mrulatiw provided previously rafming a change to Section lb. HeamEa lekae DRI, ORIRW3Pli -10147 Page 6 N ] Jay 21.2011 ccPo feat Rawsen 913111 Packet Page 78 PREPAREDBY: a / alb KA D 'ELEM, AICR PRMCIPAJ- PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: rYMWD V. OF LAND ZONING MENT SERVICES DEPARTMENT OF LAND DEVELOPMENT SERVICES Za �.r �' &Aih WILI n D. LORENZ, SR., P.E., CTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK SA ANGUI A, D STRATOR GROWTfi MANAGE S10N 10/25/2011 Item B.B. Lai /f DATE (, zBll DATE 7 -6-// DATE 7-17_ - DATE Tentatively scheduled for the September 13, 2011 Board of Cowry Commissioners Meeting Hadenea LaMa DR I, DR] 200 R -1 %47 July 21. Of 1 ccPc Lan Revlxe: WW11 Packet Page 79- Page 7 of 10/25/2011 Item 83, Back up material for the Hacienda Lakes DRI and PUD petitions will be provided in hard copy form from the petitioner's agent. Packet Page -80. 10/25/2011 Item 83. RESOLUTIONNO. DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY APPROVING A DEVELOPMENT ORDER FOR HACIENDA LAKES A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50SOUTH, RANGE 27EAST, COLLIER COUNTY, FLORIDA; WHICH WILL ALLOW 1,760 RESIDENTIAL DWELLING UNITS, 327$10 SQUARE FEET OF RETAIL UST., 70,000 SQI]- -ARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL, 140,000 SQUARE FEET OF BUSINESS PARK OR EDUCATIONAL FACILITY, AND CONTINUATION OF EXISTING JUNIOR DEPUTIES PASSIVE RECREATION AND EXISTING SWAMP BUGGY ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Cody 21, 2006, Toll- Rommmaka, LLE, in ucwrdwme with SUFReC ion .-. 380.06(6), Florida Statutes, Sled an Application for Development Approval (AUD of a Development of Regional Impact (DRU lTOUm as Toll Rattlesnake with Collier County (DRI- 2005-4,R-10147) and the Southwest Florida Regional Planning Council (DRI Nn 06492); and WHEREAS, pursuant 0 Florida Administrative Code's DRI Rule 291.4.001(5) the Executive Director of we Southwest Flonda Regional Planning Council (SWPRPC) administratively approved an initial 45 -day sufficiency response extension, and the Regional Planning Council approved now (9) subsequent sufficiency response extensions; and WHEREAS, on January 26 and 27, 2010, WiRrm Laud Company, LLC obtained title to the m jonty portion of lauds within the DRU, and WHEREAS, on Oetoloo, 14, 1982, Swamp Buggy Day, Inc. (now known as Swamp Buggy, Inc.) obtained title to a Room Renton of the lands wolson the DRI; and um Popu,oC CC PC dnaL an. mvzn Page 1 of56 Packet Page -81- 1025/2011 Item 8.B. �-. WHIIREAS, on Dsnabcr 27, 1995. Collier County Junior Deputies League, Inc. obtained title to a minor portion oft to lands within the DRI; and WHEREAS, Hacienda Lakes of Naples, LLC is authorized by Wilton Land Company, LLC, Swemp Buggy. Inc., and Collier County Junior Deputies League, Inc., (heminafter collectively "Owner ") to continue to pursue Development of Regional Import approval of the property subject of this Development Order. (The term Owner shall include Js successors and aasigns of mchof the Owners); and WHEREAS for the purposes of this Development Order, the "Owner" commitments set forth herein am applicable to Hacienda Lakes of Napin. LLC, it successors, anal assigns. Thc "Owner" commitmenta herein shall not be enforceable upon Swamp Buggy, Inc., our Collier County Junior Deputies League, Inc., except to the extent it is a replacement related to the lapo owned by sane; and n WHEREAS, an July 21, 2010, Heeieode Lakes of Naples, LLC, (herein Tevdopn "), responded to the fourth satsciency review with a revised Application for Development Approval (ADA) of a Development of Regional Impact (DRI) now known as Hacienda Lakes filed with Collier County and the SWFRPC upon the same review agency application reference numbers. (The term Develops shall include its successors and assigns); and WH£RFAS, Developer has obtained all necessary approvals from Collier County agencies, departments, and brands required es a condition To Planned knit Development zoning, C reprehensive Plan Amendment and DID approval; and WI- IEREAS, the Bond of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction parsuant to Section 380.09, Florida Statutes, Is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Import and l u.l .d. L a i c cam. m 6rv�.- poi. u n i Packet Page -82 Page 2 of in 10252011 Item B.B. WHEREAS, We public nonce requirements of Chapter 380 and the Collier County Zoning Ordinm a have been satisfied; and WHEREAS, the Collier County Planning Commission bas reviewed and considered the report and rcwmmrndariem of me Sombwen Florida Regional Planning Council iS WFRPC) and held a public hearing on be AEA on August 4, 2011 and September 1, 2011; and WHEREAS, the Board of Cowry Commissiouere approved Resolution No. 11 -32 and Cabrera: No. which approved chmges to the Comprehensive Plan as amanku is application No CP- 2006 -I l for the properry; and WffEREAS, the Board of County Commissioners adopted Ordinance _ which rezoned the subject property to The Hacienda Lakes MPUD; and WHEREAS, the issuance of a Development Order pursuant to Section 380.06, Florida Stotutes, does not conatlmm a waiver of any powers or rights regarding title issuance of other development pmmits consistent herewith by the County or State; and _.,the Board of County Commissioners, a an open public hearing in accordance whir Section 380.O6, Florida SEENtes, having considered Oe Application for Development Approval of a Development of Regional Impact submitted by Developer, the roped and of the SWFRPC; the record of be docummmry end oml evidence presented to the Collier Comet' Planting Commission; the report and recommendations of the Collier County Planning Commission, the recommendations of Collier County Staff and be lenvirorwental Advisory Counc0; and the record made at said hearing makes the following Findings of Fact and Conclusions of law. Packet page 83- Page 3 of 56 10/25/2011 Item B.B. FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as act fndh in Exhibit "A" 2. The application is consistent with Subsection 380.06(6), Florida Sd mttt,(2010). 3. The Developer submitted to Colier County, the SWFRPC, and Florida Deparmaen[ of Community Affairs an ADA and sufficiency responses, which are available for review at each respective agency. 4. The Developer proposes development of dre Hacienda Lakes Development of Regional Impact, as shown on fee Series of Map H attached hereto m Bzhibit "B ", and comistung of 2262.10 acres, which includes: A 1,760 residential dwelling acres; B. 327,500 square feet of Gross Floor Area (GFA) ofrnail use (coovernence, n geuerel and specialty remit; C 70,000 square feel of GFA ofprofessionel and medical office; D. A 135 -roam hotel; E. 140,000 square feet GFA of Business Park or Educational Facility; F Connotation oflunior Deputies passive recreation facilities; G. Continuation of the existing Swamp Buggy attraction, wilhoue the oppummi[y to include outdoor shooting ranges for firearms; H. 1,544.1 acres of preserves; I. 19.55 acres, or less U approved by the School Board, of elementary school site to serve up to 919 stu lcinl and 1. 1.3 acres of Emergency Medical site. �mm. w:aoe2a Aa.ioln APwwmcnxc,av a. aw. wnsni Page 4 of 56 Packet Page -84- 10/25/2011 Item B.B. 5. The development is consistent with the Mon and recommendations of the ^ SWF submitted pursuant W Subsection 380.06(12), Florida Suattes. 6. The development shall not interfere with the achievement of the objectives of the adopted State LmW Development Plan applicable to the area. Z A comprehemlve review of the impact generated by me development has been conducted by the appropriate County, departments and agencies and by the SWFRPC. 8. The development is not in an such designated an Ames of Critical make concern pmseam to the provisions of Section 380.05, Florida Statute, as amended. 9. The development is consistent with me current land development regulations and the Growth Management Plan of Collier County, as amcMed. of 'Ihc development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, TLEREFORE, BE IT RESOLWD by hie Boom of County Commissioners of ^ Collier County, Florida, in public morning, only vacationed and inembled on this , the day of , 2011, that the Hacienda Lakes Application for Development Approval submitted by Developer is hereby approved, subject to the following conditions: 1. ENERGY The Hacienda Lakes Development of Regional Impact will incorporate the following energy conservation features res a pan of each Site Development Plan or plat approval for all phases and land uses: A. Provision of a combination bieycle/pedeshien system to be placed along public atedal and collector roads within the DRI which will connect with public and private bicyde/pedesNan systems in me DRI. noow.aecrc a.o aM. m,.x Page 5 of 56 Packet Page -85- 10/25/2011 Item B.B. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and mul &family residential areas. C. Prior to the issuance of a certificate of occupancy for the Join ]5,000 square feet of recoil land uses, the Developer or Owner shall cmuvucS ar in sole expeoca a Collier Aide Transit (CAT) stop /shch" konling the COmmemisl Tract C that shall include a 10'x 20' pavilion shelter with benches and protection Pont the elements, and Include a wemum of now (3) hike racks. The location of the CAT shelter is generally depicted! and provided for on ADA Map O. Additionally, prior to the issuance of a cemfi are of occupancy for the first 70,000 square feet of bushes park land uses, or prom to the uncence of a certificate of occupancy for a school or educational facility in the Business Park Tract BP, the Developer shell nomsWC4 at its sole napense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that shall include a 10'x 20' pavilion sheha widr beaches and protatiov from tM elements, endincludeamioimum ofduee (3)bike tacks. Thelocetion of the CAT shelters is generally delivered on ADA Map 0. Owner sball be respote ble for maintenance Of the bus smpstshelters unless Owner elects to convey to County at no cost to County aasemwts for the bus shelters. D. Developer and Owner shall require buildemto: (1) use Prevailing, practicable energy- efficient features in window design, (2) install operable windows arW ceiling fns[ and (3) install Energy Star qualified appliances and equipment. & Deed reenctiors, revanche, and notion guidelines shall include Provisions reluirrng compliance with H through Q. mm.mw Onns6,u -m147 v.mccxC,,. - NauW/lanr Packet Page -86- Page 6 of 56 10/25/2011 Item B.B. F. Minimize heat island effect (i.e.: reduce loud air tempemmres and ^ neflectad light and heel) by minimizing mphat, where Practicable, through the use of concrete . rock and similar substances in meets, parking lots, mad other seas; by utilizing shade trees adjacent to roods and Parking arce; and utilizing where pmcucable, high reflectance paving premiums (ix.: solar repentance index (8R) of atleaat 29). G. Insessimon of energy -efficient lighting for stands, parking areas, recreation loses, and caber interim and exterior public maps. H. Use of water closets with a maximum flush of 1.6 gallons and shower heads and &arena with a maximum flow rate of 2.5 gallons per minute, or the test of the prevailing energy efficient bativoom fixtures available . L Use of native plants, gees, and other vegetation and landscape design frsmres in zecmdance with Section G 06.05D.La., of the Collier County Land Development Code that reduce requirements for water, fertilizer, maintenance, and other reeds shall be ^ required J. Planting of native shade trees for each residential chat K. Planting of native shade trees to provide reasonable shade for all recreation meal, scrrets, and Perking made. L. Placement of frees to Provide needed shade in the pamper months while ant overly reducing the bemfits of sunlight in the cooler mantles. M. Chartered of structures, as possible, b reduce solar heat gain by walls and to chip the natural cooling silicas ofthe wind N. Provision for structural shining wherever practical when tmtmal shading canuotbe used eRecrively. 0. Inclusion of porch or patio areas in residential mains. r. um, leap, ow�zcm.as�iaie7 Packet Page -87- Page 7 of 56 10/25/2011 Item B.B. R Consideration by the prolem architectural review wmmimots) of ener® conservation Mitsui (bomb those toted here and others) to assist builders and rcsidems in their efforts to achieve greeter energy efficiency in the development. Q. The development will participate in Collier County's Single Stream Recycling tSSR) forgone. IL Lighting for streets, parking, recreation and other public mew shall include eopaU efficient fluorescandeleco-oNe ballasts, phetovoltaies, low voltage lighting motion sensors and/or timers on lighting and full cur-off luminaries ul futures that comply with the International Dark-Sky Association S. TLC developer shall not prohibit potential home buyers to select phorovoline cells, solar hot water heaters, Crean roofs aomd other alternative energy or energy efficient features as an option at their over expense. The above conditions stall be reported in the amoral monitoring report . T. Site development slonll comply with the Florida Green Rmiding Coalition Certification Standards or equivalent green banding standards, if required of all developers by Collier County. 2. BgSTORICAL/ARCRAEOLOCICAL A. The CNmcr shall preserve in perpetuity me five mchaeologlcal sites 8CRi56, 8CR878, 8CR881, SCR979, and SCR880 within Hacienda Lakes property and such sites shall be rvco d as denoted AP (Ambacological Preserve) on Sheets 9 -12 in the MPUO Master Plan Sort. Such simulation (L,e, AP, Archaeological Preserve) shall appear on all applicable plats and development order site plans that may be proffered in the butane that are witliln 50 feet elate five defined archaeological rims. ev�d cue u�e.aa. Wiall Page 8 of 56 Packet Page -88- 10/25/2011 Item S.B. B. In areas where the archeological sites are located in the vicinity of ^ proposed development, a buffer m conservation easement, a minimum of25 feet in width shall be preserved, or upon approval of County egaivalrnt protectors, such as temporary fencing or other scrumand barriers, shell be conswetd crowd the archammgical sites. C. The five archaeological sites shall remain undeveloped. An access essmrent of 15 feet outside the conservation easement, crowd the archaeological sins for potential dip and further study, shall be Provided by the Owner upon County request m no cast to County. Disturbance to These five protected arehawlogisal sites may only occur with County appmvnl, and any disturbance shall only be permitted order the direct supervision of a qualified acheologist. D. Hismticallarcheological areas shall not be used to meet preserve cquirements. E. The Developer shall reasonably accommodate the Florida Division of ^ Historical Resource's (DHR) Investigation of these sins by allowing access to the arche0000gical sites by properly, crcdentisld investigators, whenever such access can be reasonably acmmmodatd. P. If any additional archaeological l isterical sites are uncovered dwhtg the proposed development mtivitiea, all work in tor immediate vicinity of such sites shall team munediately, and the Owner shall contact DHR, SWFRPC and Collier County, so that a state certified archeologist can dttemdne the significatrcz of the findings and recommend appropriate preservation and arrogance actions, as necessary . 3. HURRICANE EVACUATIONIFLOODPLAINS A. (1) The following supplies and equipment shell be intimated by the Developer for Collier Comfy Emergency Managernent in accordance with its spxificadorrs ^ dam acwccomav Rcaaa.um Page 9 of 56 Packet Page -89- 10/25/2011 Item B.B. ^ and in some cases sole source provider and delivered in new condition, free on board (FOB) to the Collier Cowry Emergency Services Center. (2) The following contributions shall be a one -time ronuihudon in full mitigation of all requirements of me curent project scope of me Hacienda lskes DIU. (a) Two (2) new askew wwable portable generators with heavy duty diesel engine, sound insulated, manufacrmid by Godwin Pump and Generator to exactly match me supplies, equipment, and power dismbution systems approved and currently in use, or deaf me time of equipment acquisition by me Developer, as approved by me Collier County Emergency Management Deportment. This is a sole statute pmcmement to ensure compatibility soot parallel operations of generators atrue Collier County's existing fleet and future the ability to provide essential emergency purpose power to additional evacuation shelter spaces consumes by the inomased shelter emtsus crewed by me Hacienda Lakes DRI. Collier County will assume all mairen ame, repair, and replacement of theso generators following satisfactory acceptance by Collier Comfy beyond the warranty period. Delivery of the first portable genaawr shall eccw prior to the issuance of the first residential cerd5eaw of occupancy. Delivery of the second generator shall occur at me earlier of fit 24 months from ma issuance of me first residential certificate of occupancy or (i) me issuance of the certificate of occupancy of the 300p residential unit caiman the development. (b) Two (2) now enclosed utility mailers for the storage and transport of me supplies noted abuse. Collier Country will own and maintain these milers and augment them with other tremor disaster supplies in a fashion similar to its current dissector response unit (DRU) shelter supply delivery system. These nnilers shell be mw, firm a Collier County approved list of vendors) and he at loam 16 ft, in length, dual axle load ruled at 7,000 Fit, with trailer brakes, with lomiume finish interior wall and floor finish, cabinets, shelving and osuuusm-'.mm Packet Page 90 Page 10 of 56 10/25/2011 Item 8.13. load secure devices, Florida Depatmmt of Transportation approved for highway use, dropdown ^ rear door and curbside door and extended tongue hitch ImgN. At lean one of the two trailers noted above shall include interior AC wiring, lighting, a generator convection, circuit breaker and roof mounted air conditioning b allow the empty bailer to be used for special post disaster field offices, damage assessment and relief efforts identical to the County's existing flcet of distance supply trailers. Delivery of the utility bullens shell occur at the earlier of (i) 12 months Gum the issuance of the first residential wnifimte of occupancy or (it) the usumce of the certificate of occupancy of the IS& residential unit wlNfnthe development (c) Few hundred and tweury - two (422) new, military type adtdt folding Nsmter dots from a Copier County approved list of eligible vendors; and approved type and style. Said m¢ shall be, compatible with Collier County's existing storage and delivery systems and shell be provided at the earlier of (i) 48 months from the issuance of the fim residential cenlficad of occupancy, or (it) the issuance of the certificate of occupancy for the ^ 1200'^ residential wit within the drvelopmmt. (d) Seventy -two (72) new special needs disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier Cottny's existing swrnge and delivery systems and shall be provided a the earlier of (i) 36 months Pont the issuance of the first residential certificate of occupancy, or (4) Ne uauanee of the certificate of occupancy of the 900w residential unit within hie development. (e) All deeds to propem located withiu Hacienda Lakes shall be accompanied by a disclosure surement in the form of a covermt sating Nat the property is located in a hum Pane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Ronda Region is high; and/or humane shelter spends are limited. ^ wP. mxr.�.aw. wnsm Page 11 of 56 Packet Page -91- 10/25/2011 Item B.B. B. The Developer has provided off -site hurricane shelter mitigation for the Haciendo Lakes DRl per Paragraph A above pursuant to mrtunihvwu made as a =oil of negotiations with collier Cowry officials. 4. STORMWATERMANAGEMEM A, The Hacienda Lakes Dim shell require a Serum Florida Water Management District (SWFMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to owte wetlands and other surface waters. B. The Owner shell procure SFWblD Water Use Permits for the proposed surface reactor greundweter withdrawals for landscape irrigation and for certain dewmering activities, as determined by the SFWMD, proposed for constriction of project lakes andbr road or building foundations. G At the time ofpertnit application, the Owner shall Provide verification that the proposed system designs will meet SFWMD criteria is effect ANat time. D. During construction activities, the Developer shell employ best maiwgemwt pract {ces for eroaiov tail sedimentation wvtrol. Tbreepraotices shall be included wits or presented on all consvvcton plans, and stall he subject to approval by the appropriate agencies prior to their implementation. E. Any construction silt barriers or hay hales, and any anchor soil, me well as renominated site, shall be removed upon completion of construction Either the Developer or the entities responsible for The specific construction activities remaining these mccomes shall assume responsibility for having Jann removed upon completion of applicable construction. F. The firel smmtwamr management plan shall consider, as applicable, ^ measures to reduce runoff rates end volumes, including, but not limited to, dime control Momrmuxrm�en. rem Basin Page 12 of 56 Packet Page -92- 10/252011 Item 8.13. suuctmas, permitted pipes, and pass Swale conveyances. Svsmes are preferred and shall he used, whenever possible, Rather chin closed systems. G. any battles created along the onsite smrmwvter mans emmt system shall include record zones constructed on slopes consistent with SFWIvm and Collier County requirement and shall be pinned in native emergent or sobmergmt aquatic vegetation. H. The Developer shall conduct burned inspections of the hacienda Lakes Mesta Summoner Management System and the wetland arras on the pmjeci site so as to ensure thaz three areas are maintained in keeping with ttre final approved designs, and that the water management system is capable of accomplishing the level of samwater storage and seamen for which it was intended. 1. The Developer shell confirm to the satisfactions of all applicable federal, stale, and IoW review agencies, and the STF'MD, that the proposed summoner oner management system will not impact Mbitat of any sate or federally listed plant and /or mimal species occurring on site, or that such impacts shall he mitigated to the benefit of regional populations of those species. J. as Developer shall wdenake a regularly (every other month) scheduled vacuum sweeping of all common streets and parking areas within the development, The Developer shall encourage any private commercial parcel owners within the development to arcane regularly scheduled vacuum sweeping of their respective sneers and/or parking areas. K. to areas adjacent to mail and office uses, the Developer or the individual site developers, shall provide at least mostalf inch of dry pre- [reammt (mention or deteatlon); or we equivalent alternative as determined by the appropriate regulatory, agmcite; in order to provide reasonable assurance that recom o re material eNl not enter the smrmxater mmegement system. .x 110147 ropvna ccrc conax.ar. mns:n Page 13 of 56 Packet Page -93- 10/252011 Item B.B. L. Ditch and Swale slopes shall be designed to minimize discharges so that these facilities may provide some addidotml water until vestment prior W discharge. Treatment swathes shall be planned with grass or appropriate restive vegetation. M, The grassed stormwaxer treatment areas shell be mowed se pan of the normal It maintenance of the devolopmont. Any debris that may aecmnWate in proper lakes, - ditches or swathes, or which may imerf re with the normal flow of water through discharge Structures and mderdrain sysmms, shall be cleaned from the denumannentlon zones on a regular basis. Any erosion to banks shall he repaired inuoedfately. N. The bast management practices matrix and techniques shall he used In the Hacienda Lakes DRI, consistent With the requirements of me SFWMD. O. Undar m rt systems and grwse hztpoe, it utilized within the Hacienda fakes DRI, shill be inspected and cleaned and/or repaned on a regular basis. In no instance shall the period between such inspections exceed eighteen monNs P. Smrmwamr ntanagemcnt system mainrerwce requiremcnLs shall include removal of my mosquito-pmductive nuisance plant species (a9, water letul watts hyacinth, cattails had primrose willows) boom all system mdes, reaches and percolation basins, as well as from the lake littoral zones employed in the system. Q. To line cxtmt consistent work applicable aormwater management system and envimnmanul regWatiorss, my isolated wading him pools constructed in lake brutal zones shell be excavated to a depth which provides aquatic habitat for mosquito larvae predarnr, such as Garrtbua a afro's. R The Owner shall conduct a predeveloprsnt determination ofsvrbace water quality in me portion Of the Henderson Greek Canal proximal to me Hacienda Lakes DRI. The ware[ quality parameters of total phosphorous, total nitrogen, biochemi ®1 oxygen demand, minim ws DR] Pro -n &tau: atppv.wccpcce .'m -Sat. aysl t page 14 of Sfi Packet Page -94- 10/25/2011 Item B.B. total suspended solids, lead, artq copper, and common lawn care pesticides shall he hadyaed by a licensed vendor on a monthly was at two sampling locations. Site water quality, monitoring program shall be conducted for an approumate five month period overlapping the dry season and wet season. S. Measures which will be utilized to mitigate potential adverse effects upon surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRt will include all proven effective best management practices (BMP's) which are appropriate at des Hacienda Lakes DRI. More specifically, these shall include proper timing and mmimtnn applicetiora offertiliurs, pesticides, and herbicides en the commw areas ofec property. T. Best mange sent immune; shall also be utilized to mitigate any adverse impacts from stormwater runoff. Theo BMP's shall include utilGation of detention ponds, vegetative systems such as grassed sevales, and water quality inlets (e.g. olUgnt separators). U. The proposed surface water management system shall consist of 5 bases. Controlled discharge from bass 1, 2, 3, and 6 shall be to the Inge wetland located to the east of the pmpeny with the following exception. The mounting basin 5 is the Junior Deputy League and Swamp Buggy Basi and this basin shall discharge to the Collier Boulevard Canal M a maouer generally consistent wuh the existing water management permit for the Swamp Buggy and Junior Deputy League properh'. The following is a summary of the Rest Management Prances that will be utilized to accomplish additional water quality treatment beyond what is requited by SF WMD: I . Coutemdon Pollution Prevcation Plan outoung concluvemn godeadques and maintenance practices to reduce or eliminate the sources of ebrmwater pollution. it Urban Stmarwater Management Program of non- stmmural controls intended to improve the quality of smrmwmer runoff at the source of contami ants. in. 50% Widened stonnwata runoff volume to be rdeined. Mwevw 2oCC'avea,�Ytae X09 /isni Packet Page -95- Page 15 of 56 10/25/2011 Item B.B. n. Phyb- ZUnes- 6nsiras within me dncntion areas that Provide an area for runoff into the lake to disperse, so as to allow biological pretreatment. v. Floated Lirtoral Zortnproviding increased water quality by removing pollutant by biological upmke of nutrients and other Iona vi. Increased Flow Path - Locate inflow and outflow structures to roaYimie, effective treatment time. V. Spreader Swale use as the last step in Otte discharge train to provide additional water quality and decrease erosion, based on energy diffusion (spreading of discharge over a grazsed weir instead ofdischargin6 through a singlepipa). W. The Project shall art substantially adversely impact the Rookery Bey National Estuarine Research Reserve. Negative impacts shall be avoided by following all regandons for water quality treatment and water quantity muni ation within The South Florida Water Management District Basis of Review Volume W, The project shall also go above and beyond me water quality trcamment by providing ISOSe of the requved treatmem . inaddheon, the project has been reduced from 0.15 c s acre per Collier County Ordinance 90-10 to 0.06 C&/acre X. Developer shall install screml contain under Sabal Palm Road to improve me shxttlow, across the Road from wren to south. Y. The master homeowner association or community development district Shall income the normwater management system. Z. TM stormwater management system of the project shall be consistent with the reaotwrevdetiona of me Southwest Florida Regional Planning Council ( S)VFRPC) with regard to the use of fertilizers and smvnwater treatment as described in resolutions SWFRPC 09- of and S WFRPC 08-011, to the extent adopted by Collier County. 5. TR.4NSP0RTATI0H The following eo=rrean¢ shall he wmpleted Prior to The Projected buildout cats. or a data that may be approved extending the projected build-out date, s"We'Mes. PNaox.AR. I neon ¢RCCe.'a So 09,15/11 Page 16 of 56 Packet Page -96 - 10/252011 Item B.B. A. The Developer shall provide efficient Fomenters and bicycle movement ^ within and between the developments components, and to adjacent properties as reasonably deemed necessary by Collier Cowry. B. The Developer shall former transit smite through the inclusion of bus slops or other approprime transit access points in site design, consistent with Collier County tsansitplans. C. The neighborhootls shall be developed with a multi -modal street system that can accomunodete pedestrians and bicyclists, thereby prorating alternative modes of transportation and reducing greenhouse gas emissions. D. All residences shall be within a two radial miles of the commercial land E. For the purposes of the following commitments, it must be undemtood that the properly wes divided into three main areas: ^ Tanh area being north of The Lord's Way extension; South areas being south of Rattlesnake Hammock Rand plus School; Penfield Road Improvements. Fire South area commitments shall be construed in a sequential mamter. Howevu, the rest of the commitments are not sequential and can he accomplished in no specific orlon. Similarly, the three areas identified ahocc are not required to he developed in a sequential SOUTH AREA 1. The owner shall construct (here forward to mean "constructed to meet wwmm� Cnunty requirements for awePtaned'), at its sole expense without rued impact fee credits, me initial two lanes ( south side) of Rattlesnake Hammock Road Exwnsiom from CR,951 ess,.(nm�ro.tm. nsnen) Page 19 of 56 Packet Page 97- 10/25/2011 Item B.B. to Florida Power Une Easement (approximately 0.25 miles). In addition, the Owner shall wromet me Collier BoulwarddiaNesrlake flzmmock Road intersection imedm geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Eesteosion wet we coast to the relative geometry as shown in Figure I, below. Upon completion (hem forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the Cowry at the Cannot's request") of all of such improvements, the Owner shall he slowed to develop up to 327,500 square feet of Read Land Uses, or Residential Pod A, or some combination of the two land uses. However, the dead number of gross trips to bet generated by this portion of development shall not exceed 1,409 PM peak hoot trips. in the event that Residential Pad A is developed, access to Pod A will be either an moment private roadway or via an extension of Ranlesoake Hammock Road to the entrance of Pod A. 7ese improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these im prove en is are sito-related improvements maeMa 11tw Dan 2006-AR -lot r] AWwem l.[PCU�uvv.Rer. 09/15i11 Page 18 of 56 Packet Page -98. 10/25/2011 Item B.B. AWMi- roialdetakei n+an.nor s � 6® � 'MftTM I, _ wlma¢.am� A 11, The Owner shall consvuc4 at its ran expense and indoor road i npear fee credits. Rattlesnake llnmmock Bond Extension fioun Florida Powcr Line Easement to the road leading into Swamp Buggy crowds orpleroxima¢ly 025 miles) and improve the burden on Ramorrho ehammock Bond Extension over the canal W the final geometry as shown is Figure 2, below. These improvements are sue- relatal improvements Upon completion of such improvement the Owner shall he allowed to develop the following additional land uses. 20,000 Square FM of General Office, and, +nn mnecm a. -xe. Mill I page 19 of 36 Packet Page -99- 10/25/2011 Item B.B. 50,000 Square Feel ofMedlcal Office, end; 135 Roam IIotd -and: Remaining cordon of fa; 327,500 Square Feel oflierail (if applicable pmsuatn to Comtnilem 1), and: Retaining ponion of Residential Pad A (if applicable pursoent m Commitment 1), and, Required residential uses will Activity Center land use: These improvenamns and the area allowed m dcvelop upon mmpletioo of thcee improvements are depicted in Fib 2, below. Packet Page 100- Pagc 20 of 56 AIeK � t I s �nenr 2 10/25/2011 Item B.B. 111, The Owner shall construct, at its sole expense, RaNesoake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Bonfield Road as a two lane road, including construction of the Ranlewnke Hammock Road Extenion at Bmfield Road intersiction. Upon completion of such improvement, the Owner shell k allowed an develop the following additional land uses: 919 Student Elementary School, and: Residential PM B. uw�.�.,DRI,26rcAN 10141 Page 21 of 36 Packet Page 101 10/25=11 Item B.B. Since oWy a portion Of We capacity to be provided by this two lane section xill be consorted by the Hacienda Ickes DRI, the Owner shall receive road impact fee c fits equal to 50% of the con of this improvamenn The cost of Nis fidMvemem rill be de¢rtwned at the time of construction, and shall include the Ur nierkee value of the lend or eats when the Oxter conveys the road ri vdy to the County, free and clear of liens and encomlxani Fav marks value has hero dnctmwed to be $30.000 per acre. This improvement and fie area allowed to develop upon completion of this improvement are depicted in Figum 3, Pero. Pifiy percent (50 %) of the cost ofihie improvement is diseased a site - related improvement Aaa .d ern Comore w..dam Packet Page -102 Page 'rof56 w•� a -x.aw wo: ou: m.n,mnau m t T 'I ,r wa i NORI AREA 1 012 512 01 1 Item S.B. N. With no improvement otter than a bridge in be coratmcmd by the Owner, at its sole cost and without mad impact fee credit, over die water tend that runs Panne] to C.R.951 at the northern Project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peat hour [tips at the connmion to C.R.951). This improvement and lle area allowed to develop upon wmp]etion of dais improvement are depicted in Figure 1. nw�m ttrc cen,en . ate. uvl s, i i Packet Page -103 - Page r of 56 n 10/25/2011 Item 8.13. below. At no time will lfe County ackept ovmership of tais bridge. This improvement is a site - related improvement. ryuiea- Wuumtataa¢n- Gxnmbmem i 3 F dNl4 �t {, bF .1k, %.. Rwowaa ray �R l� gi 4 V. The owner shall, at its sole expense and without road impact fee credits, complete We reconstruction of The Lord's Way from C R 951 to Florida Power Line lamment and ca racre We extension of The Lord's Wlev fmm Florida Power Linc Easement w the west emrowe m tlrc Business Park with a two lane uMivided cross section, In addition, when the aomwm CCCCPC4T,sj h, skj nt Packet Page -304. Pme34of56 10/25/2011 Item B.B. Collier BoWevard at fire Lord's Way intersection is signalized upon meeting warrants, be tort of the signalvanoe of this intersection will be shared proportionately among be Owner and other developments; hwnted in the area (east and west of C.MSI) and M no con to Collier County and without toad impart fee credits. Upon completion of such road improvemchp, the Owner shall be allowed to develop the following additiorel land uses: Business Park, sad; Residential Pod D. Theo improvements and the arcs allowed to develop upon completion of these Improvements ere depicted in Figure 5, below. When be DON has received cenificaus of occupancy for 66 perrent of the total commercial and revdennal development emborieal by the M. Collier County will perform an e%whicamn am tomato the Owner if it is necessary to convey road right- of -uay to the Cowry for the section of The Lord's Way Esiension from the wen rnvance to the Business ParkJSchool to Benfteld (toad If Collier County rcqums the mad rightof -way, the Owner shall convey by mad eesemwt m the County the needed mad rightof -way up to a width of 60 feet fete and clear of all tints told encumbrances aM shall receive impact fee credits equal to 100 percent of the fair market value Of the mad casement conveyed to the County which has been determined to be $30,000 Par acre. No further certificates of occupancy shall ber issued until the road easement conveyance is recorded in the public records of Collier County. If Nis segmcot of The Lord's Way is om district necessary (through documentation. or lack Hereof, in the LRTP or be CIE) by be time be development stint evea 66 percent of the total approved development quantities, this commitment shall be considered expire. � dCC s ¢�1A K CC tvc nmsni Packet Page -105- Page 2e of 56 10/25/2011 Item B.B. BENFIELD ROAD EWRGVEIvSovT6 VI, The Owner shall ensauq at its sale expense Huai) Road from RaNestuhm Hammock Road Extension to the mundane of Residential Pad E with a me lace waivided Cross section and reserve the right-of -wey neces9em far the final 41ma dMded cm99 section. Residential Pod E shall he conne ed in a consistent manner with the County's right -a& way reseraatim Plans or cOMMUclom chins for fawre Benfdd Road secdores. Cped compheuon Of such improvement card aeoepaoca by Collier Counp- of the improvements, the Oxvc sM1all AppmW CCVCC,nmmn� an .upon Page 26 066 106- 1025/2011 Item B.B. convey to the County a mad easement for the rood rightof-wsy needed for this somon of Penfield Hoed up to a width of IN feel hoe and clear of all loops and encumbrances. Upon recordation of the mad easement in me public records of Collier Cowry, the Owner shall receive road impact fee credits for 50% of the fair market value of the most easement necessary for this section of Bonfield Rood and for the increase w con be Thing from the corevuction of Me mad according to County Standards (artenal) instead of as a local subdivision mad. The fair marks value of 50% of the road right -of -way easement in the County has been demponsed to be SA000 per acre. Fifty percent (50 %) of the fah market value of the road righn- f-wav easement and the most cost of the improvements are me -relined imp emcnts. The cost of this improvement will be denominated at We time of cotrstmcdon. Upon completion of mash improvement, the Owner shall be allowed to develop the following additional land uses: Residential PM F. These improvements and the area allowed t0 develop upon completion of this improvement are depideA in Figure 6, below. Packet Page -10)- Page?] of 56 1025/2011 Item B.B. —,ham pads of cf _ r — .MO VII. Redfield Road Somh of Renlesnake Hammock Extension and ooM of Residential Pod E connection to Bein ield Road: the Owner will convey phl -of -way m Collier County by Rod easement for Penfield Road on arena not to be built by Owner up to a widrh of 130 feet franc and clew of all Ilcos and encumbrances. Upon such conveyance, Collier County will provide well impact fees credius for 100% of the fair market talue of the road eammeof The value of the right- of-way has been determined to 1x S' 0.000 per acre . Thc was to be conveyed is deputed in Figure ], below- - Apo�aCCFv CDmj x.. awivv Page 28 of 56 Packet Page 108 10/25/2011 Item 8.6. V11L Penfield Road South of Sued Pdm Road: the Owner shell convey by mad eauraent to the County the right- of -vay needed for the fowre connotation of Barfield Road south of Sabel Palm Road (approximately 1.00 mile) up to a vidib of 120 fear free and clear of all tint add encumbrances and at no expense m dse County. In addition, me O aTer shall receive no adapter fee credits for such nghtof -way conveyance. The area ro he dedicated is depicted in Figure 8, below. Mpmm wccauenr v:v moll Packet Page -109- Page 29 of 56 10/25/2011 Item B.B. IX. As pat of ❑; State and Fannon permits, the Owner small pay for miuvation required for and Sate or Federal en,. uonmenal losses; arsine from the pertaining for portions of Ben&eld Road described in C000ii rents VI and VII. In addition to this commitment. the Ovmer shall at on cast w penury either: (1) Conley drainage esaement(s) to tire County for their 9OVnwala management facility needs free and clear of all liens and encuobraoces, or (2) agree to accept stormwater from Penfield Road into the Pic fs smmwarer management systern. These ac site- mlated contributions ♦ana..m ccrc Ca,.w.xe. avlmi Pace 30 of 56 Packet Page -110- 10/25/2011 Item B.B. F. At two thresholds during construction of this DRI, the Owner shall provide to Copies Cowry a transportation analysis which compares the value of the Owner's contribution to the County 's public road network against the DRI's propoommmi share (as defined w the Ste of Florida's HB 7207) of impuned County and State road segments. If Owner s contribution is less Clem its impact based on the transformation analysis, then Owner shall pay to County the difference in those instalments starling 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter mdl paid in full. The ttmsponmion communion by the Developer shall be defined as the sum of all road impact fees paid b date, the costa of the non site mixed transportation improvements (dose receiving road impact fee credits) on Rattlesnake Hammock Read, Bonfield Road and the Lords Way, plus the value of any road right -of -way conveyance by donation in the Comfy, unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to me County when 33 °0 of approved development trips (1,1119 mml gross trips) have been permitted based on building permit issuance, without projecting forward growth. The around transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross nips) have been pertained based on building permit issuance, with a projection toward build out, The ssiond analysis and recury filiation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the amual PDD monitoring report, Developer shall provide m amuel trip generation analysis of trips approved by Site Development Plan approval and building permit issuance competed to total trips approved within the DU Upon triggering 33% or 66% as d bed above, Developer shall submit the transportation analysis described in this paragraph within six months. No cenificates of occupancy shall be issued until the name analysis ard atonal trip generation analysis required Page31 of 56 Packet Page -111- 10/25/2011 Item S.B. by this paragraph and env Paymats due have been delivered to County, unless the BCC grants an extension. O. DRI traf is studies idcu lded an off-site impact a[ the interohznge of 175 and S.R. 951 Ramps Imam ction, specifically in the left -tut movement serving the noMboand S.R 951 to westbomd (northbound) I -75 turning movement. Assessments of tws operation in 2011 indicate that changes to lens usage and signege could content the acceptable operation of the intersection and delay dre impacts of the DRI. Hacienda lakes traffic becomes significant (exceeds five percent ofservice volume) at this location at 46.2 parent of she beffic generation. VVIsca the first tmmsWnaGon analysis required under section AF. is undertaken (e.g. at 33 pereat of site traffic generation), the Busting m is flow and level of service at this location will be reviewed and projected m he huildout of the DRI. If Ne 2011 operational assessment is cordirtned and the intersection is, or will be, operating at au unacceptable level of service as �-. determined by County or FDOT, than the Developer will identify a solution to offset its Impacts undlerresmre ececptable operating conditions, and contribute i¢ prDWnhrome share, per section S.F., of the cost of the improvement to the apprnprime government agency. If a proportionate abuse payment is identified as needed, the owner shall receive road impact he credits for 100 Percent of this contribution. H. If Owner conveys to County mitigated land for the real pmpem conveyances described in Subsections III, V, VI and VII of this Anicic 5, Tramporration, then Owner shell be entitled t a trasWroilon impact fee credit for the value Oldie State and Federal anromnaml mitigation, as a cost of construction for public facilities, The value of the mitigation shall be a per acre value calculated at the total cost of sore ark federal mitigation of the ennromuaal impacts including wetland and wildlife impacts divided by the impacted ameageof]lg notes. Developer shall provide documentation acceptable to the County to verify m.caos.vt 10147 P4imm CCfIXSmm aw.aanvu page 32 of 56 Packet Page -112- 10/25/2011 Item B.B. rude cost. The cost of State and Federal mitigation shill include lend costs for onsite preserves ^ used nor mitigation, eavnomoenml penniting costs, castle mmsvd, enhancement of Preservation Read, creation of wildlife habitat, hydrological impmvemm[s and my mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. Slats and Fcdmad mitigation does not include Comfy required mitigation. In lieu of ttmsporlatim impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner Comfy -owned State or Fcderal panther and wetlands credits equal to rise value of We trenspormdon impact fee credits cadculatad pursuant to this Subsection H. 6. VEGETATION AND WILDLIF& ETLANDS A. The Hacienda Lakes DR[ shall preserve no less than 98289 acres of native vegetation. r� B. The need for wildlife crossings and fencing designs for roadways crossing of the pmserve areas shall be reviewed by the U.S. Fish and Wildlife Service (F WS) and the Florida Fish and Wildlife Conservation Commission ('FFWCC') as part of the ERP Remit process. C. Review of State listed species and habitat vnpacra /mitigation shall be addressed in coordination with FF W CC during the ERP permit process Ideal on specific site plan details. At a continuum, the draft Hacienda Ickes Preserve Area Management Plan subnuined on March 18, 2011, shall be implemented for the preserve areas shown in the master plan Exhibit "B". D. The Ovmer shall enhance the preserved wetlands cod the wetland hydropterieds and shall maintain them to provide for the natural wct and dry cycles, pmvidine foraging and habitat for wading birds. mee rra Da- test -sa -10347 Mwm cctt rmmxm - a..,. ren,n 3 Page 33 of 56 Packet Page -113- 1� 1025/2011 Item 8.6. C The Owner Sall enhance wetland and upland areas to include the hand - removal of exotic and vlrisarme vegetation aM supplemental plantings installed in areas with greater than 50 percent exotic coverage. F. The Owner shall preserve, enhance, and place in a conservation easement Ilse 1,5441 acres of preserves, including approximately 93 percent (1,283= acres) of the wetlands on -site. In addition, lx acres of SFWMD Other Sorf a Waters shall be enhanced and preserved and shall be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. APPioximaely 98289 acres of the preserve Is required native vegetation (by Collier County), dot shall be preserved, enhanced end placed in a conservation easement in favor of Collier County, but maintained by Owner. & Prior to commencement of construction, the limits of wetland preserves shall be staked anh roped in prevent encroachment by construction activities . he addition, best management practices for erosion control shall be implemented during construction of the project. Prior to commencement of construction, erosion control devices shall be conceded where appropriate to conmel and reduce soil erosion, .sediment tmnspoa, and turbidity. Such devices, which include b tylove barriers, silt fencing, sediment booms, and temporary sediment traps, shall remain in place throughout the duration of construction until construction zones aM surrounding areas are stabilized. H. The on -site wedaM preserves shall be enhanced through exotic removal and supplemental plantings, which will result in preserves that are more mutable as foraging haoita s for the listed wading birds observed or ive, as well as prmiding potential roosting areas nxnm4 w.. lon cine..m. 10147 Packet Page 114- Page 34 of 56 10125/2011 Item B.B. I. Where a minimum 15t how upland buffer adjacent to wuland preserves Is nor feasible, snucmml'ouffens as set foM in the SFWMD'g Basis for Review andl be provided. Snuc ti buffers planted with move vegetation will he used dnoughout the Project along all areas that border wetland preserve areas to restrict access from the development to the preserve area. Generally, in areas where development is located adjacent to the conservation me or the property line, the structural buffer will be a 15 -fnot wide berm planted on the back slope with move uce, shrub, and ground cover vegetation. 1. Emergent wetland acres shall be increased through the planting of littoral cones in the lakes creased as pan of did development K. EMancement of the wetland and upland preserves shall include the removal of exotic vegetation such as rnclalema, Brazilian peps end downy rose myrtle. Exotic vegetation mmovd shall be done by hand removal. In general, the ovaries shall be invade in platy with m appropriate herbicide and left #andinS, or exotics shall be cut, the cut vegetation removed or stacked in place, and the remehdng stump treated with an appropriate herbicide. Supplemental planting of native vegetation shall he installed in areas of greater than 50 percent exolic coverage. In addition, as pan of We mitiSadon plan, areas of degraded wetlands, including moweWtures of melaleuca, shall be enhanced through the mechanical removal of woods, grading to wetland elevations, and planting with native vegetation. The prating plan for these areas will include the estabGsluncnt of marshes for wading bud foraging habitat f base marshes shall be waded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. The surface water management system shall be designed to maintain appropriate wetand hydropenods within the enhancement areas. The wetland wimp eriods shall be maintained to provide for the natural con and dry cycles, to provide foraging for wading birds. voaaac, oa.mx.a.imn Page 35 of 56 Packet Page 115 10/25/2011 Item 8.B. L. in addition to Paragraph A above, motive landscaping shall he used to meet the emend of Subsection 4.06.05 D la, of the Collier Coonty land Development Code which requires 75% of the required pees and 50% of the required slnubs to be native plans. M. According to me Listed Species Management Plan (revised May 2011), the wetland and upland presmes, excluding reserved right -of -ways and access easements, will be placed in a conservation easement or equivalent deed resmiction wild inspection enforcement, and approval rights granted to the South Flonda Water Management District (SFWMD). The dare(e), receiver of the easement or deed title, and record reference: for each eosummim easement or fee- simple donation of w ;matioNomserva5on areas filed will he provided at time of filing to me WFRPC and tekretced in me blemtial DRI report . N. Review of demand listed species and habitat impacts /mitigation shall be addressed to coordination with the USFWS during the USACOE permit process of as Section 10 �-. reviews based on specific site plan details. Ar a mummmn the Nacieada Lakes preserve Area Mammonism Plan dared May, 2011, shall be implemented for the preserve areas shown in the ntas[a plan Exhibit "B" erd the measures recuuunended by dw USFWS in consultation with the USACOE for conservation of the Florida partner, wood stork, nd<eokaded woodpecker, ebr emv indigo snake, and any other fWmal listed species encounmred will be employed m ovoid and minimize the proposed project's impact on both individual auimals and their habitats. The mhigatiom plan for onvoidabh impams m these Species including me location, commitment plan, and method of conceive of permanent protection and management for these listed species and proposer) actin; not would miniature the likelihood of adverse hmuaNardmel intuactions will be reported in the bhelonds Lakes Preserve Area Management Plan and revisions thereof O. The initial behind restionion and preservation eighths will be conducted by r-. the Developer prior to the anticipated deeding of lee lands to the sine. nspwm u.vc cmrseems-� 1ocrsn i Page 36 of 56 Packet Page -116- 10/25/2011 Item B.B. P. The Owner mtciperes deeding portions of the preserves to the Satre in ,--, order to complement the adjacent Picayune Strand Space Faced. The preserve areas would Inc nominated in accordance with lee Welland MitignioNMOtdtoring/Maiv[rnance Plan (m be approved as part of SFWMD Enviri mental Resource Permit Application 100126 -5) and managed to provide habitat for listed species. In rho event met the transfer of ownership to the Sate does not occur, the responsibility of perpetual management for these conservation areas would become the responsibility of a Home Owners Association (HOA) or mother similar entry. In this beat, fee banner of responsibility for the HOA shall include a mechatdsry for Inimical fording, a9euranecs Oat the approved mnmagcmenl plan would be followed, and assurances that management activities would be conducted by a qualified entity. Q. Developer shall coordinate pedestrian access and horse trails leading to and through to Picayune Sound with the owner of lie Picayunc Sanc d. 9. UTILIMfi— COLLIER COUNTY WATER SEWER DISTR ICT(CCWSI) INFRASTRUCTURE A. In accordance with the current Collier Cowry 2008 Water and Sewer Mann Plan Updatq the parties acknowledge that the Hacienda Lakes development may he locard cousin the Collier County Water -Sewer District Bomdaries, and upon Board of County Commissionere approval of this Development Order Resolution, dra Collier Country Consolidated Impact fee Ordinance shall apply. B. Developer shall follow existing well field Iame<tion requirements tdentifid in me Collier County Land Development Code (LD(i) in Section 3.06 00- Developer shell show all well sires and pipeline easemen[s located on and close to this development on all famre site development pins (SDP), plans and plats (PPL) and any other site plan applications. n,�wa, �wse Ra. �aaLsn'. Page 37 of 56 Packer Page 117- 10/25/2011 Item B.B. C The project shall cennect to the CCWSD potable wonder system at a location determinwd by CCWSD, when capacity is available.. D. Sloe project shall comeet to the CCWSD wastewater collection and conveyance syso m at a location determined by CCWSD, when nalwary is available_ E The project slap correct to the CCWSD lrrigation Quality wmcr system at a location determined by CCWSD, when capacity is available, F. Should the Collier County Water -Sewer District determine that it does not have suffil capmity to serve the projec, the Developer shall either construct income potable water, wastewater momment andior non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shell be dismantled, at the Developers expense, upon connected to the Collier County WsarnSewer District facilities, Whether potable water, wastewater treatment andtnr Hari- potable veer facilities are pmvided onsite or offsits, the Developer shall demonstrate to Collier County the adegaate capacity is available at time of from utilities plan submittal. G. Temporary septic systems may be utilized in communion with construction a sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, odder than for commuction and sales offices, model homes and rest shelters. All temporary septic systems shall he properly abandoned and/or removed by a professional licensed to council and remove septic systems at the time when permanent or interim wastewater treatment facilities become available. H- All utility facilities shall be dsmbled and commnmed in accordance with Ordinance 2004-31, and any amendments or successors thereto. Prior to commencement of ecc� End'% DM 10D6 AR 10147 <nnm�mCCoC Gmmr. err. calve Page 36 of 56 Packet Page -If$- 10/25/2011 Item B.B. construction all design and comtmction documents petlaining to utility facilities shall be ^ reviewed and approved by fie CCWSD. (1) The mility facility shall Include but not be limited a: all conswction plans, occurrence specifications and proposed plan, as applicable, for the proposed wind distribution systems, wastewater collection and conveventt recreates, irrigation quality distribution systems and any possible onate command facilities. 1. All potable water iv&astructmes shill be conveyed to me CCWSD. J. All wastewater collection and conveyance infrastructure: shall be conveyed to me CCWSD. K. All customers shall be customers of the Collier County Water Sewer District, 8. EMERGENCY, POLICE AND HFE PROTECTION. ^ A. The Developer shell meet with the Sheriffs Department prior to tried construction, and again at lean every 24- months thereafter, if requested by the Sheriff, to establish programs and incorporate crime Forenoon measures during eaeb phase of the site development process. Wdttm results of any meetings) shall be provided as a part of no IoW development order application. B. Fire protection shall be provided according to existing standards or fire Dow criteria promulgated by Collier County or recommended guidelines developed by the National Fite Protection Assrciation. C, (1) In order to mitigate for the project impacts and demand on Emergency Medi W Services (EMS), the Developer shall provide a one ame parcel to Collier County. Such public facility site is identified as "PF": on Maps H -2 and H of Exhibit "B ". vw tJc K.00w I.xo.0V151n page 39 of 56 Packet Page 119 10/25/2011 Item B.B. ^ (2) The dedication of the one Date site shall be by dad a Collier Cotmly at no cost to Collier County and is subject to an Emergency Medical Services Mpact For credit based on the &if market value of the donated property. (3) The valuation of the one acre site dedication has been determined to be $30,000 per core, and such dedcation shat occur w the earliest of (i) 48 months from the issuance of the Star residential certificate of occupancy, or (it) no later than at the time the 500° residential unit is included 'm a development order application (sit developmeat plea, or plat), subsequent in the adoption of the DRI Development Order. (4) If Owner conveys to County mitigated land for the real property conveyances described in this Athlete 8, Emergency, Police and Eke Protection, that Owner shalt he entitled to an FMS impact fee credit for the value of the mitiganory as a cart of coravucdon for public facilities. The value of the mitigation shall be a per acre value adculated at me [oral ^ con of arms and federal mitigation of Se environmenml impacts including wetland ad wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation accrytable m the Cowry to verify rats cost. The east of Safe and Federal mitigation shall mcSde lord costs for Quite Preserves used for mitigation eovimhunenml Penchi cars, Dante removal, erdwcema[ of preservation lands, creation of wildlife habitat, hydrological improvements and my mitigation activity required In the Army COTES of Eap errs permit and South Florida Water Management District permit for the protect in older to address the project's mitigation. State and Federal mingation does not include County required mitigation. In liw of EMS impact fee credits for environmental mifrption, the Counry reserves the right to transfer to Developer or Owner County -owned Seam or Federal panther and wetlands credits equal to the value of me EMS impact fee mocam calculated parsuaot to Nis paragraph. aI XDsAR.IaW aow� CCK Cmrtnt -nn. DwIstn Packer Page-120- Page 40 of 56 10/25/2011 Item B.B. D. Facilities qualifying under the Superfimd Amendments Reauthoriation Act, Tile llt of 1986, and the Florida Hazardous Materials Emergency Response and Conuauniry Right to Know Am of 1988, shell file hazardous materials reporting applications in accordance with Sections 302, 303 ,304, 311, 312, or 313 thereof Applications shall be updated i m many by each repotting facility . E. Any on -site facilities with commercial pool op:mtions shall comply with appropriate codes and stazutes including required safety measures Such as chemical sensors, internal alarm systems, or emergency shutdown systems. F. During the site planning process, a utility master plan shall be developed dat will address the flow and the fire districts shun be consulted during the preparation of the Plan. G. Portions of the commercial and residential developments may utilize minimal gas as a source of energy. Coordination with the local flue departments; shall occur for those development through the site plan review process. H. Appropriate Crime Prevention Through Environmental Design (OPTED) strategies, as adopted by Collier Cowry, shall be used when designing sites, buildings, streets, signs, landscaping and packing, and the County may submit such designs to the ShedtPs Office for comments and consideration during the County's site plat review process. 1. The Developer shall coordinate with Collier County Public Utilities to ensure underground ges lines drawings are provided to the responding Fire Departments. 9. PHM NO. The project shall be developed w one overall phase that will include the entire development program. The phasing schedule is set forth on Exhibit "B", MAPS H -2 through H4. era. neixap AR.mnm wcww'e CCrcruwmi. So Q9 15,13 Page 41 of 56 Packet Page -121- 10/25/2011 Item B.B. 10. SOLIDMAZARDOUSMEDICAL, WASTE A. the Developer shall incorporate the solid watts demands of the project DOW the county solid waste management program and all development compovems (i.e.: residential, commercial or al) shall participate in all cmuervation pmcdces such se recycling, lash compaction, and modurcd shredding. B. Any business located within me Hacienda Lakes DR[, which generates hazardous waste me defined by Florida S®mdus, Subsection 403.903(21) and Rule 19- 730.030, Fiodtle Administrative Code), shall be responsible for the temporary, stomge, siting and proper disposal of the hazardous waste generated by such businesses. However, there shall be no siting Of immediate waste stored: millions contrary to Colher County Zoning Regulations. C. The Project shall be bound by all applicable recycling reinduch eta effrctive in Collier County at the dune of the detvelopmean D. Areas within buildings where hamrdots materials or waste are to be used displayed, handled generated or stored shall be commented with impervious floors, with adequate poor drams leading to separate impervious holding facilities which are adequate to contain and safely facilimm Cleanup of any spill, leakage, or eontaminaad water. E. Discharge of hemrdous waste efflcent into the sewage system shall be pmhibimd urdess approved by permit issued by the Florida Department of Environmental Production. F. All hazardous materials shall he handled, stored and applied in accordance won applicable regulations. G. All commercial uses slap meet Federal, Some sued local hamrdow material' compliance requirements. n lmimda Du me.pm.1014, .mccer�..m1. or, 09115n: Page 42 of 56 Packet Page -122- 10/2512011 Item 6.6. H. The local fire demumtents shall he informed, though the local government development order process, of any development where rotund gas is to he coed. 1. Them shall be no discharge of medical waste @oat medical facilities into the sowagc sym®. J. Grease Imps shall be required to comply with local and smte codes. Additiorelly, the cephrred geese is to be handed off by alicensed hander. IL SCHOOLSITE As set forth in a or party Developer Contribution Agreement the Owner shall, no later than the issuance of the 500th moderated building permit, dedicate to we District School Board of Collin County a 19.55 here elementary school Site or less if agreed to by the Schol Board within Uc Hacienda Lakes DR[ with the following characteristics: (a) Aschool site of 19.55 developable acres, or less if ageW to by the School n Board, with wederal impact mitigated on the site as approved by permitting agencies, shall be provided for within the DRI; (b) Water andsewer connections shall be available at site (n) The site shall accommodate typical 900-t/- knomm opacity elementary, school, with other facility requirements such as parking, sidewalks, water manegvnmt ranegdonol facilities and other standard fandities. (d) The site shalt be zoned for School use as pen of the overall approval for the Hacienda Lakes DRUMPUD. (e) The site location will be in lands designated Urban Residential Fringe in the County's Future [and Use Element that is west of the me mile line cam from County Road 951, rye�me.WnPRnwos.AR.mb1 mccrcr.�.vn. xw. asnsnt Packet Page -123- Page U of56 site. 10/25/2011 Item B.B. (f) Students residing amnia the prod= sball be wlfhin 1.5 aides of the scur of (g) The Developer shall mempt m keep the School's frontage recite) at 2 Imes for saferwalking conditions. (h) The school site sball have pincer legal access to a public road right-of-way. (i) School District aueptance of the dedioefion shall be contingent upon School Board approval and a satisfactory site feasibility study demonstrating that the lead is suitable for the School District's intendcL use as an elementary school sire with appropriate envvoramenral conditions, umble acreage eta direct legal access. (j) It is anticipated that there L be no covemreocy, issues at the time of developmen4 but the project will be subject to scbool aonemreacy at the time of site development plan mview. A preliminary school impact malysis estmeatiag thermal number of ^ stakeout by housing type genemad by the Hmieacia lakes DRIMIPl1D is estimated in the table below. Proposal: Estimated Number of Students Generated by Housing Typc Dwelling Unite I Elemwtary Unit T' a Middle High Taml Btudenfe Si le Family 909 112164 9040 84.48 259.52 Multifamil 1056 211.20 84,49 95.04 390.72 Mobile Home ' Condo /Coo 000 0.00 1 0.00 0.00 Government Total 1960 334 155 190 659 j (k) The Owner shag be compcnsaad for the school site by way of school impact Poe credits as set Toth in a Tn-party Developer Contribution Agreement, the amount detemdned upon land valuation mdm a tactually agreed and appraisal mechanism and valna0en tmaFanw ,oaiawsaa.i "n sd(a �ati ceca. R:I, . ni Packet Page -124- Page 44 of 56 1025/2011 Item B.B. described in such Agreement to be negotiated within two years of the approval of this ^ development order. 0) Public facilities such as parks, Enemies and community centers shell be permitted to he collocated with schools. The Elementary school stall be encouraged as focal points for neighborhoods. 12. CONSISTENCY WITH THE LOCALCOMPREHENSR 'E PLAN A. pother County has dGCUnioed that die Hacienda Lakes DRI project is wnsissat with the Collier County Comprehensive Plan and that the projects phasing is consistent with the Cowry's Coocarrency Management System relative to public facilities necasmy to support the project. B. The project mothers the Rural Fringe Mixed Use District objectives by Severing Transfer of Development Rights (" IOPalj from approximately 1,517 acres of lands designated Sending Lands on the }LU.YI. those Sending Lends which generate the TDRs will be placed under a permanent conservation mechanism and ultimately be deeded to a public entity, if accepted by them. C. plan residential density of the proposed PUD is in compliance with the Density Rating System of the Future Land Use Element (FLUE), and is limited to 1,760 single - family and multi- family residential units. The Connell Project miss density will not exceed 0.78 dwelling wits per acre. D. Owner and Esic6oper will implement Policy 3.1 of the FLUE through on. site well field protection measures, preservation of Natural Resource Protection Area (NRPA) Iwds within the Project' preservation of archaeological sites within the Project, and flat safe and convenient vekcular and Pedestrian movement within the Projem. w Da Packet Page -175- Page 05 of 56 I 10/25/2011 Item S.B. E. Owner and Developer will wplement Policy 5.6 of the FLLE through the use of clustered development and uulivtion of the TDR program within the Rural Fringe Mixed Use Dimity. R Owner and Developer will implement Policies 7.1, 72, 73, and 7 4 of the FLUE by providing fm vehicular and pedestrian interconnections with off -site public roadways and adlandra gree„ ways. Additionally, public access and roadway easements will not be vamted m preclude access to off -site private and public lands. 13. RECREATION AND OPEN SPACE A. Recreational facilities and open space will include the Florida Spans Park Swamp Buggy growds and cards, lacer Deputy passive recreational area, lakes, units and preserves, as well as cnmmuNTy domin nt and social spaces integrated into dic residential development areas. Map 11 locates the preserves, lakes, post recreation site, and the misread (Swamp Buggy), ban does not include open spaces within individual hours. B. The following land uses would he perinimd in the Jurne Deputy Too of the Mixed -Use Planned Unit Development n. Principal Uses- i. Open space and rweutiorW uses; u. Hiking, biking fishing, boating, camping, picrdcldng and nature trolls; ui. Sporting and recreational camps; iv. Camtaka's residence, limited to me for the ]D designated area V. Wetland preserves; Vi. Uplandpreservee. Packet Page -126- Page 46 of 56 10/25/2011 Item B.B. b. Accessory Uses: I Accessory uses and strvcnues customarily associated with the permitted principal uses and practices, Laureling, but not limited to: n. Boardwalks, nature calls, shelters, pavilions, viewing preen, vlevdng platforms, educarmail signs, kiosks, and docks or platforms for launching and mooring or storage obtain warn rfzed vessels tailoring movable storage racks: iii. Covered camping peavllion(s) (i.e.: concrete, or similar hard surface, that Is roofed and may, or may not be enclosed wdh soern plastic starting, or walls), which may include atcherc000king facilities, o®ee and restroom facilities, IV. Passive parks and passive recreational uses; V. Pervious coeds, driveways, and pervious andior impervious parking facilities; w. Project identification and dvectioned signage; .n. Water management swnures L accordance with Collier County, SFWhM, DEP, and USACOE permitting rrytircmen6; vin. Relkworr/ bath houses: u. Roofed or unroofed storage for maintenance and recreational ecluipmenry X. Fencing and security gates, which may include barbed wire; X1. Archery aM at fide mullets). C, Public access to this Pmjed's pnescive Tract will be consistent with the Sine's humgement Plan, upon convrymce to apublic agency. D. TM Hacicada lakes DRI will not impact a recreation vsl decagnmed pmsumt to Chapter 260, E S., and Chapter 16D 7, F A C. Packet Page -127- Page 67 of 56 10125/2011 Item 8.B. E. No parks and/or open space will be dedicated b the County. However, up W 1,549 acres of natural preserve area is intended to be dedicated to the Star. The Hacienda Lakes DRI will provide a long -tern restoration and meintenavm program for its create open space and recreation lands. P. The development of the Hacienda Laken DRI will be consistent with the goals, objectives and policies of the Collin Cowry Derwin Management Plan lhmugh the implemenmtion of the Canntys Transfer of Dcvelopme rl Righ¢ program (fDR), The criteria for utilizing the TOR program will address the goals of the Natural Resoorea Element of the Strategic Regional Policy Plaa though implemenution of restoration, provision for maintenance, and deditadon of high quality tutwal areas. The lends intended to he dedicated to the Stye will provide for recreation opportunities and open spaces as contemplated by the locai and regional policy. G. The Develops, at a minimum, shall comply with Collier Cony Level Of Service requirements; at the time of Development Order issuance. H. Aa a part of the biennial monitoring process, the Developer shall identify compliance with the requirements listed above. 14. MPLM DOCUMENT There is a MPUD Document (Ordinance approved by the Collier County Beard of County Commissioners or , wldch also governs the Hacienda Lakes URI. The Developer acknowledges that the conditions and mmmimtems of the POD Document also govern the development and use of property within de Hacienda Lakes DRI, even though the MPIID Document (Ordshow: _� is specifically not made a pan Of this Development order. r W tmea wa, oaHOm.w -I Ou] Page 48 of 56 Packet Page 128- 10252011 Item B.B. 15. GENERAL CONSIDERATIONS .A. All commitments and impact mitigating actions provided by the Owner within the Application of Development Approval (and supplementary documents) may be used to interpret specific conditions for DRI approval outlined above if officially adopted as conditions for approval. B. The Developer shall submit a biennial report on this Development of Regional Impact be Collier County, the Southwest Flonda Regional Planning Council, the Department of Community Affairs and all affxted permit agencies as required in subsection 380.06(18), Florida Statures C. The development is on a one Phase schedule as set forth on Exhibit "B" Maps H -2 through H -4. If Development Order conditions and Developer commitments incorporeuN within the Development Order, AD.A or sufficiency round responses to congere regional impacts are not carried out as indicated to the extent or N accord wiN the timing schedules specified w:dnin mat Development Order and this phasing s bseddle, then this stall he presumed to be a substantial dcviadon for the affected regional issue unless otherwise provided in 2011-139, Laws of Florida (2011). D. If Collier Country, during the course of monioring the development can demonstrate that substantial changes N the conditions underlying the approval of the Development Order have occurred or that the Development Order wen based on substantially naccmare information provided by the Developer, resulting N additional substarmal regional impacq risen a substantial deviation shall be dsmed to have occurred, ae monitoring checklist form contained in Appendix IV to the SWFRPC's official recommendations for the Hacienda Lakes DRi shalt be used as a guide by Collier County in determining additional substantial regional impacts. onu A¢.10147 A4Ya� CM CUVmr Rev _w1U /1l Page 49 of 56 Packet Page -129 10/25/2011 Item B.B. E. The following land use conversions are anticipated setran me DRL (I) 10 concmdal unit probes to 2.73 Recreational Vehicle warts/spares (not to exceed 290 RV units mthe entire PUD), or 4 Senior Housing Care Units (not to exceed 450 Selo[ Housing Care DWta in the entire PUD). (2) Up to 1,232 of the total 1,760 residential ei¢ may be corer- family as defined in the Lund Development Code. (3) Nonresidential lard use conversions may Include_ a conversion of retail allocation to office allocation at a one to one (1:I) ratio, not to exceed 25% of the ¢tail land use Wl0recan; and firm the hotel allocation of 92,000 square fat to 60,000 square fen of Business Park land uses if no hotel is developed in the DRI. In no event shall the DRI exceed 3,328 PM Peak Hour Trips. Any land use change that would resWt in an aggregate pmjea traffic impact greater than 3,328 PM Peak Hour Trips shall require the filing of a Noticc of Proposed Change, ifreceived by applicable law at the time (4) If any conversions are used Developer stmil provide swinen notification to S WFRPC and the Flonda Detrainment of Economic Opportunity. 16. APPLICATION OF THIS DEVELOPMENT ORDER A. For the purposes of this Development Order, the "Ownm" commiunm¢ ee fM herein are applicable an Harmnda Lake of foaples, LLC, it suoceeson, and/or vssilwas. The "Owner" emrtiUnerus below shell not be enforceable upon Swamp Buggy, me., nor Collies Cowry Itudor Deputies League, lire., except to the extent it is a requirement related to the lard owned by same. The "commitments may city be aaaigned by warren notice to the Growth Mmagemmt Division Administrator and confirmation that the Administrator has received such notice . Mwmee CCK o20 FRn:Ot loll Page 50 of 56 Packet Page -130- 10/25/2011 Item B.B. B. One entity thereinafter the Mareging Entity) shall be responsible for PU'D and ^ DRI munimming card cluse' out of me PLC and DRI, and this entity shall also bas responsible for satisfying all PUD/DM comtribil u until ch s"ut of the PliD and ERE At the time of this PLO approval, die Mcanging Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitment to a successor mutt, Ben it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. .After such approval, the Managing Entity will be released of its obligations upon written approval of Be transfer by County smft, and me successor unity shall become the Mareging Entity. As Owner and Developer sell off Met% Be Managing Entity shall provide wrilum notice to County drat includes an acknowledgement of the commimems required by me PUD and DRI by the new owner and Be new oxmer's agreement to comply wady the Commitments thmagh me Managing Entity, but the Mor aglvg Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out Ben Be Managing Entity is no longer responsible for Be monitoring and frifnm at of PUD and DRI commitmems. 19. LEGAL ACCESS A. Access to Parcel "A," as described in Exhibit "C' of this document shall be via a new midwuy cascmm[ from Be Omo er to the owner, successor, or assigns of Parcel A that includes Parcel FoliD Numbers 00467320802, and 00467320501 that shall be recorded in due Public Records of Collier County, and shall ran in a north -souns direction from Be cxisting 30- foot madway essement recorded B O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval ofthe Hacienda Lakes MPUD, B. Access to Parcel "B," as dcscnbcd in Exhibit "U" of this document, Shan Be via the exisNtg roadway and ingress/egress casements recorded in OR, Book 271, Page 505, O.R. Book 6222, Page 1609, 0 R Bork 245, page 124, and OR Book 287, Page 18, mar,as oawoocn -10147 Aw msccs,n.m� -er. wnsn 1 Page 51 of 56 Packet Page 131 10/2512011 Item 8.B. C. No existing public access/madway easements shall be vacated to preclude personable access to o6sio private and public Inds without providing replacement access easements. This new easement shall be equivalent to the existing easement and shall be nwvrded concurrently with the vacation. 18. PLANNING A. Prior to the issuance of the first residential SDP or Plat Approval in the Hacienda Lakes DRI, Base TDR Credits and Early Entry MR Bonus Credits shall be severed end radial from all Sending Limits to be preserved within one mile of the Urban Residenhal Fringe and there shall be executed and filed a Limimdon of Development Rights Agreementfs) per such lands at post time. B. A comment conservation meehmtism, including such Limitation of Development Rights Agreememt(s), shall be amached/or applied to all Reading Lands to be preserved bsyoM one mile of the Urban Residential Fringe prior ro foal approval of me first SDP or Plat Approval for the Hacienda Lakes DRI project. C 'this Development Order states the land uses approved in grass square feet, acreage and parking (if applicable) are consistent with the stedwide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Gelber Comfy, Flonde, that L The County Manager or designee shall be the local official responsible for scanning compliance wino the Development Order. _. 'This Development Order shall remain th effect for 15 years from the date of adoption. maau DavaaaseR -min Packet Page 132 Page 32 of 56 10/25/2011 Item B.B. 3. The definitions contained in Chapter 380, Florida Stamas shall control the interpretation and construction of my terms of this Develoymew news. 4. Pursuant to Selectmen 380.06(IS)(c)3, blonda Statutes, this project is exempt from down- zoning or inteosity, or density reduction for a period of 15 years from the date of adoption of the Development Order, subject to the conditions and harvest of said Subsection of the Florida Srat ea. S. The Developer or its successor in title to the subject property shall submit a report biennially, commenting nor .ears from the effective dare of this Development Order, to the Hoard of County Commissioners of Collier Comty, the Southwest Florida Regional Planting Council, and the Depuunent of Community Affairs. This report shall contain the information required in Section 93- 2.025(7), Florida Admivivtrative Code. 'ITis report shall be prepared in accordance with the "DRI Monlm ing Forrows, as may be amended provided by the SWFRPC. Fornme to submit the biennial report shall be governed by Subsection 380.01 Dowder Ss. 6. Subsequent requests for developmeut permits shall not mquke further review forwent to Section 38006, Florida Somtes, unless it is found by the Beard of County Commissioners of Collier County, after due notice and hearing, that wo or more ofthe following is present Upon a finding that one or more of the f Ilovrng is present, the board of County Comunieconers of Collis County may mice any action authorized by Chapter 380 06(19), Florida Stations pending issmance of an amended development order; A. A suisrmatial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out condition, commitments or mitigation measures to the extent or in second with the timing mehedmles specified herein, or substantial deviation from the approved development plans which �..� ,�m.efCCCPC G�an�i- nr-�awuat Page 53 of 56 Packet Page 133- 10125/2011 Item 8.B, create a reasonable likelihootl of additional regioral impacts or other types of regional impacts which were not previously, reviewed by the Southwest Flunca Regional Planning Council; or B. An expiration of the period of effectiveness of this Development order as provided herein; or C. if the local government, during the course of monitoring the developrrrenn can demonstrate that substantial changes in the conditions underlying the approval of the Development order have occurred or that the Development Order was based on substantial inccurate internment provided by the Developer, resulting m additional substantial regional impacts, then asubsaatial deviation shall be deemed to have occurred D. If Owner or Developer dashes b develop sitvtum, training and presence facilities for professional baseball ((croup 99410, a Notice of Proposed Change or Substantial Deviation Application for Development Approval shell be processed in accordance with Section 390 06, F.S. or any successor stator, and this Development Order shall be amended. If stale law changes Such that a DRI review or other state review is no longer required, then this provision shall terminate. ]. The approval granted by this Development Order is limited. Such approval shall not be wowed to obviate the duty of the Dcvdoper 0 comply with all other applicable local, state or federal Permitting procedures, 8. it is Understood that any reference herein to my govcnmwmtal agency shall be command w mean any future ituvumenmlit, which may ber created or designated or successor in interest to Or which Otherwise possesses any of the powers and duties of anv referenced governmental agency in existence on the effective date of this Order. ww.nd cc`rcc t�zm6� tovianI Packet Page IN Page y4 of56 10/252011 Item B.B. 9. Appropriate conditions andl commitments concerned herein may be assigned to or ^ assumed by a Community Development District formed pursuant m Chapter 190, FloFlo der Statute, 10. In the event that coy portion or section of this Order is determined to be invalid, illegal, or wcomtiNYpwl by a court or agency of competent jurisdiction, such decision shall in no mower affect the remaiwng portions of Us Order which shall retwn in full farce and effect 11. This Development Order shall be binding upon IFe County, the Owner, and the Developer, their assignees or Successors in inmrest. 12. This Development Order shell became effecuveazpmvidr46y law. 13. Cerdfred copies of this Order &all be provided to fie Depvwent of Economic Opportunity and the Southwest Florida Regional Planning Council as provided in Subsection 360.06(25)(g), Florida Smtums. This Resolution adopted after motion, second and favorable vote this day of ,2011. ATTEST: BOARD OF COLNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER C011NlY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman row mc�r°x°c�`,'�- QaareunI Packet Page -135- Paac 55 of 56 Approved as to f val and legal suffcimcy: A \tu�,r Heidi ant ounty Att A �5 Assistant COfnry Land Uscly Secfion Chief, Lend UselTrareportation Anachmmts. Exhibit A— Legal Description Exhibit B —Maps H -1 through H4 including phasing schedule Exhibit C — Access to Partial A Exhibit D — Access to Parcel E Exhibit E —ADA Map 0 CFIa CPS 01012V W M tutu CUtt C0...... m 0 /15 /11 Packet Page -136- 10/25/2011 Item B.B. Page 56 of 56 10/25/2011 Item B.B. ADA DEVELOPMENT ORDER EXHIBIT LEGALDESCRIPPION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTION I1 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHT 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBEDAS FOLLOWS'. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °1042 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 283568 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE 5 89.1I14"W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION S; THENCE S.89 °09'3V W- ALONG THE SOUTH LINE OF SAID SECTION FOR 269118 FEET TO THE SOUTH QUARTER CORNER OF SAO SECTION; THENCE 669 °11901 V ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N W-13'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAO SECTION; THENCE NEE- 1495 "W. ALONG SAO WEST LINE FOR 263401 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87- 07U"E. ALONG A LINE COMMON TO SAO SECTION 24 AND 25 FOR IT SFR7 FEET TO THE SOUTH WEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAO SECTION 24; THENCE N.01 °08'02 "£. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION: THENCE N8l °1225"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 34001 FEET TO ANMTERSECTION WITH THE WEST LINE OFTHEY EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAO SECTION; THENCE N.0 U04 'I l "E. ALONG THE WEST LINE OF SAID FRACTION FOR 205301 FEET TO THE NORTHWEST CORNER OF SA IO FRACTION AND AN IN WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.8728'2F W. ALONG SAO NORTH LINE FOR 202564 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 FV58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST CHARTER OF SAID THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTH WEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SS9 °22'0 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET FO THE SOUTHWEST CORNER OF BAD FRACTION. THENCE N.GLIT38T. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSEC I ION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAO SECTION 23; THENCE S.89FOYS8"W. ALONG SAID NORTH LINE FOR 66435 FEET; THENCE CONTINUE S.89 °01PNV W -ALONG SAID LINE FOR 62416 FEET; THENCE N 01 °01'15 "E FOR 1699.99 FEET; THENCE 5 89 °01'58 "W. FOR 70142 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWERANDLIGHT COMPANY EASEMENT ,THENCE5.01- 0195"W.ALONG SAIDEASTLNE FOR 6831 FEET; THENCE S.8VOUSY W. FOR 123197 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OP SAID COLLIER COUNTY; THENCE 1000 °51'54"E ALONG SAID EAST LINE FOR 956.29 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAO SECTION 14; THENCE N.87- 3731'E ALONG SAO PARALLEL LIFE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWERAND LIGHT COMPANY EASEMENT; THENCE 01 °01'15 "R ALONG SAID EAST LINE FOR 3005 FEET TO THE SOUTHWEST CORNER OF FITE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87- 3791 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOISHATST QUARTER OF SAM SECTION 14; THENCF MR-48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 365332 TO THE SOLTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF ADA DeldoOmrnl Order ExROR APW 1 Of Packet Page 137 10/25/2011 Item 8.13. THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87913S "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N 00°4B'l l"E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87- 28'42'W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT, THENCE N.00NT45 "E ALONG SAID WEST AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, THENCE9 87 °2758 "W. ALONG THE NORTH LINE OF SAES FRACTION FOR 123632 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFPICW. RECORDS BOON 2L AT PAGE 183; THENCE NL0 °4930"2. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAM SECTION 11; THENCE N.00- 50'27"E. ALONG SAID EAST LINE FOR 34407 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 67 °2856 "6. ALONG SAID NORTH ENE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAM FRACTION; THENCE 500 °4913 "W. ALONG THE EAST ENE OF SAID FRACTION FOR 34292 FEET TO TI IE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WENT THE NORTH LINE OF SAID SECTION 14; THENCE N.87-25 45'E, ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER COMER OF SAID SECTION; THENCE CONTINUE N.87- 2545-E. ALONG SAID NORTH LIFE FOR 66816 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTEROF SAID SECTION; THENCE S,00'47 37-V ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N87 °2714 "E ALONG THE NORTH LINE OF SAID FRACTION FOR 66822 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °4714 "W. ALONG THE EAST LNE OF SAID FRACTION FOR 67139 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'4217. ALONG THE SOUTH LIFE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 141336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87'30'06'E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328 .72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION, THENCE N -0Oi8'5VAL ALONG THE EAST LINE OF SAID FRACTION FOR 04526 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTEROF SAID SECTION 12 THENCE N 00 °41'44 "E ALONG THE WEST LINE OF SAID FRACTION FOR 270707 FEET TO THE NORTHWEST CORNER OF SAID FRACTION, THENCE N.8740413. ALONG THE NORTH LIFE OF SAID FRACTION FOR 132129 FEET TO THE NORTHEAST CORNEROF SAID FRACTION; THENCE SL0°36'23 "W_ ALONG THE EAST LNE OF SAID FRACTION FOR 270130 FEET TO THE SOUTHEAST CORNER OF SAN FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE 587'261 VW ALONG THE NORTH LINE OF SAID SECTION FOR 662,R) FELT TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF TILE NORTHWEST QUARTER OF SAID SECTION; THENCE SM°35'02'W. ALONG THE EAST LINE OF SAN FRACTION FOR 1345 93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 5173006 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 °3850 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672,63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION, THENCE IN 87-32 03 ALONG THE SOUTH LINE OF SAID PRACHON FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; '£HENCE SW °35'02 "W. ALONG THE EAST LINE OF THE SOUTH WEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID Packet Page -138- ADA Deodopmem Order ExhTlt q Pape 2 of 10/252011 Item B.B. FRACTION; THENCE 58) °33'59' W. ALONG THE SOUTH ENE OF SAM FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00°38'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S 87. 37-27 "W. ALONG THE SOUTH EWE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °4540 "W. ALONG THE WEST LINT OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.8] °40 '54 °E. ALONG SAID NORTEI ENE FOR 200620 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF ME NORTHEAST QUARTER; THENCE S (°Sfi29'W. ALONG THE WEST LINE OF SAID FRACTION FOR 1369,25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87-34 58°E ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE X00-4112 E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE ICED °41'38 "E. ALONG THE NORTH PENN OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 133758 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S 00 °2632 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 MET TOTHE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.87 °33'18"0). ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF ME EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER: THENCE 500 °3402'W. ALONG SAID WEST LINTS FOR 102289 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N,87 °2821 E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19: THENCE S89- 1242 "R AI�NG THE NORTH 1 TF n3' THF. m4FfHWFeT NLESW "JY'2U W.ALUNU THE HAS LINE OF NAM FRACTION FOR 2676.74 FEET TO THE 6OLTH QUARTER WRNER OF SAID SEC PION; THENCE N.88- 36'10-W. ALONG THE SOUTH LME OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S87 °0740 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAN SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE 5.87 °07'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 80716 FEET; THENCE 5.03 °1831 "E. FOR 1451.00 FEET, THENCE N 88 °5654 °E FOR 15820) FEET; THENCE SW°31'35 "E FOR 1130.61 FEET; THENCE S.89 °1559 "6 FOR 182338 FEE'] TO TEE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 °5758 "E ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °3714 "W ALONG THE WEST LNE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °3443-E. ALONG THE SOUTH LME OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORE -ER OF THE FAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE SOD -4148 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 67103 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N89°23 '00°E ALONG THE SOUTH LINE OF SAID FRACTION FOR 3WH14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE SV22'35 "E. FOR 71009 FEET TO ME SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH I1ALF; THENCE N.00SY45 "E FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE FAST HALF OF THE SOUTHRTiST QUARTER OF THE NORTHWEST QUARTER OF THE FAST HALF OF THE SOUTH HALF; THENCE 5.89 °46'12 -W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356,23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE 5.00 °493WE. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 66860 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N89°57'58 'T. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497,0 FEET TO THE EAST ADA Development Cooff EGubL A Pop F of Packet Page 139- I1, I® 10/25/2011 Item B.B. QUARTER CORNER OF SAID SECTION; THENCE STUI:'09 RE, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE FOLVF OF DEGINNING. 101,084,043 SQUARE FEET OR 2,3916ACRES 4/ LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QC A RTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE 5.00 °59'10 -W. FOR 132995 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S89MIRW. ALONG THE SOUTH LEE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE NLKI IT FOR D3236 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EASTHALF OF THE SOUTH HALF; THENCE N.89Nk512`E. ALONG THE NORTH LINE OF SAIDFRACTION FOR 356.23 FEETTO THE FORA OF BEGETTNG. 423,270 SQUARE FEETOR 10 9 ACRES+/ - PARCEL e BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE NATOR21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349 ,77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE SJW 10 "W ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 389 °1748 "W. ALONG THE SMILE LINE OF SAID FRACTION FOR 135651 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.W°i6'29"E ALONG THE WEST LINE OF SAE FRACTION FOR 68286 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE 587°_'3@ "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338,41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01-0020 E. ALONG THE WEST LISP OF SAID FRACTION FOR 683 43 FEET TO ME NORTHWEST CORNER OF SAID FRACTION; THENCE N 87 °28'21'E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE PONT OF BEGNNING. 2,072,100 SQUARE FEET OR47.6 ACRES +I. Packet Page -140. ADS Oevelo0mw OPEU ErNbi[A Page 4If4 10/25/2011 Item 8.13. DA1W Hapi00 Lakes map H 1 NO/ OEVELOPMEM ORDER EXHIBIT "B' Packet page 141- 10/25/2011 Item 8.B. LegeM P apnaro.n -ilr -1 ®� I -n ®> Packet Page -152- D�IIA" Packet Page -152- 10/25/2011 Item B.B. Pmpmed Access ROW PmWSa!\ �� wuWaum.Err. xwmevw. Arcs � f wr mi. p� WEUI BB a R B m l FX Mlxe W. DiN et �ow M.PHaroramne) tPF 1MCTALLES R RJ UBEB P,ep� Ror RV Ac a Pmpmed Access ROW PmWSa!\ �� wuWaum.Err. xwmevw. Arcs � f 0 s Hama,& uo" Mep H-3 ADA DE ELOPMEM ORDER EXHIB17'B' (Ra 4].11) H Packet Page 143 wr mi. p� WEUI BB a R B 0 s Hama,& uo" Mep H-3 ADA DE ELOPMEM ORDER EXHIB17'B' (Ra 4].11) H Packet Page 143 10/25/2011 Item B.B. Ill Iii HP lr all Hacienda lakes ° ' mnr.i MapHH1 � DUN ADA DEVELOPMENT ORDER EXHIBIT B' \ 1 (Rei 97-11) N Page 144- ux Hacienda lakes ° ' mnr.i MapHH1 � DUN ADA DEVELOPMENT ORDER EXHIBIT B' \ 1 (Rei 97-11) N Page 144- ABA DEVELOPMENT ORDER EXHIBIT °C" PARCEL "A" 10/252011 Item B.B. BEGUTH NG AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00- SVIO"W. FOR 132995 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OP THE SOUTHWEST QUARTER OF THE FAST HALF OF THE SOUTH HALF; THENCE S.99R2'35 "W. ALONG THE SOUTH LINE OF SAM FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE VM- 35'57 'E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE FAST HALF OF THE SOUTH HALF; THENCE N.99% 12-E ALONG THE NORTH LINE OF SAID FRACTION FOR 35611 FEET TO THE POINT OF BEGINNING. 4]12]0 SQUARE FEET OR 109 ACRES 41- ADA DFl FI0P"FVT0F0EREXJHBIT CFe I D I 14S ADA DEVELOPMENT ORDER EXHIBIT "D" PARCEL B. 10/2512011 Item B.B. BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N BT°2B^_INE. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349 T1 FEET TO THE NORTHEAST CORNER OF SAID FRACTION: THENCE 500°40'10 "W. ALONG THE EAST LI:.£ OF SAM FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION;'FHENCE S.87I749 -W. ALONG THE SOUTH LINE OF SAID FRACTION FOR p5651 FEET TO THE SOUTHWEST CORNER OF SAID FRACTIOM THENCE N 00 °5639 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE 537.2302 "W. ALONG THE SOUTH ENE OF SAID FRACTION FOR 33641 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION, THENCE f;_01°D )W E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAE] FRACTION, THENCE N.82 °28n1 "E ALONG THE NORTH ENE OF SAID FRACTION FOR 337.61 FEETTO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 4] 6 ACRES rL iDA DIN FLOPMENT OMER ESHIBII DPW, I of et Page -146- 10/25/2011 Item B.B. �u M _ CCU ..rt.„ u Map flm.akx ,�,....,.s...v. 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