Ordinance 2005-24
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WHEREAS, Bay Home USH, Inc., a Florida Limited Liability Company ~~~hicñis tIl~
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managing memher Bayvest L.L.c., has petitioned the Board of County Commiss~~rs moart~
of Collier County, Florida, a political subdivision of the State of Florida, to~t.abtiŠh the
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HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (District); and '>"
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005( 1)( c) Florida Statutes, as required by Seclion
190.005(2)(c), Florida Statutes:
I. The petition is complete in that it meets the requirements of Sections 190.005
(1 )(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
clement or porI ion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistcnt with applicable comprchensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT.
The Heritage Bay Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Jeffry Marculaitis
541 SE I st Terrace
Cape Coral, FL 33990
3.
Samuel W. Marshall, P.E.
4413 E. Riverside Drive
Fort Myers, FL 33905 .
2.
Frank L. Reynolds
611 SW 52nd Street
Cape Coral, FL 33914
4.
Ronnie S. Searcy
P.O. Box 354
Labelle, FL 33935
5. Russell R. Smith
5327 Summerlin Road #12
Fort Myers, FL 33919
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Heritage Bay Community Development District."
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SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Heritage Bay Community Development District shan be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Heritage Bay Community Development
District will be duly and legally authorized to exist and exercise an of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes, without question as to the district's continued right, authority and
power to exercise its general powers as established by this Ordinance. The District Board's
authority to exercise special powers may include the power to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities
for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses;
and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
Local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "'ordinance" may be changed to "'section,"
"'article," or any other appropriate word.
SECTION NINE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED ON DUþY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this .tlf day of ~2005.
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ATTEST: DWIGHT E. BROCK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
þLW. ~
FRED W. COYLE, CHA AN
4
This ordinance filed with the
Sef5!tary of ~ Of~ce the
~ day of I 01J5"'
end acknow!edgeme~tti that
fil~ived this day
of B~~~-S-qyI~,.Qe
Depu1y Ct.
EXHIBIT ''A''
LÈGAL DESCRIPTION
HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
Being a portion of Sections 13 & 24,
Township 48 South, Range 26 East,
Collier County, Florida
A parcel of land being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 24; thence N.01°14'51"W, along the East line of
Section 24, a distance of 1 00.02 feet to the POINT OF BEGINNING; thence, leaving said East line of
Sect:on 24, N,89°58'00"W., a distance of 2,638,89 feet; thence N.89°58'37"W., a distance of 2,514,00
feet; thence N.01°33'42"W" a distance of 1 ,535,94 feet; thence N,65°25'35"E. a distance of 270,30';
thence N.19°35'07"W, a distance of 187,78 feet; thence N.02°00'24"W" a distance of 272,35 feet to a
point of curvature; thence along the arc of a tangent curve concave to the East, having for its elements a
radius of 35,00 feet, a central angle of 35°05'48", a chord of 21.11 feet, a chord bearing of N,15032'30"E"
an arc distance of 2144 feet; thence N,56°54'36"W., a distance of 20,00 feet; thence N.02°00'24"W" a
distance of 35342 feet; thence N.53°48'12"E" a distance of 91.45 feet; thence S.36°11'48"E., a distance
of 58.90 feet to a point of curvature; thence along the arc of a tangent curve concave to the North, having
for Its elements a radius of 60.00 feet, a central angle of 71 °39'28", a chord of 70,24 feet, a chord bearing
of S72°01'32"E., an arc distance of 7504 feet; thence N.72°08'43"E., a distance of 14748 feet; thence
N,08°12'01"W, a distance of 69,11 feet; thence S,89°30'35"E., a distance of 211.29 feet; thence
SSr58'25"E,. a distance of 164,30 feet; thence N,88°10'39"E., a distance of 189,91 feet; thence
N 88°59'22"E" a distance of 167,28 feet; thence S.88°56'16"E., a distance of 149.44 feet; thence
N 89°31'16"E., a distance of 138.78 feet; thence N.89°45'41"E., a distance of 110.44 feet; thence
N 89°36'13"E" a distance of 119,99 feet; thence S,89°19'35"E., a distance of 154.78 feet; thence
N 88°08'30"E, a distance of 18040 feet; thence N.89°41'04"E., a distance of 38.61 feet; thence
N01°22'58"E" a distance of 902,58 feet; thence N,21°47'57"E., a distance of 391.48, feet; thence
N28°17'20"E" a distance of 190,21 feet; thence N,12°10'59"E., a distance of 299,09 feet; thence
NOr56'42"E., a distance of 77,53 feet; thence N.04°26'52"E., a distance of 138,12 feet; thence
N21 °21 '56"E., a distance of 70045 feet; thence N.73°43'21"W., a distance of 5.43 feet; thence
N,31°47'35"E" a distance of 117,82 feet; thence S.82°26'17"E., a distance of 54.75 feet; thence
S:9°17'56"E., a distance of 76.80 feet; thence N,79°45'22"E., a distance of 109.31 feet; thence
N 51°55'31"E" a distance of 44,51 feet; thence N.12°26'48"W., a distance of 54.47 feet; thence
N04°42'52"E" a distance of 100,62 feet; thence N,26°24'51"W., a distance of 132.45 feet; thence
N20055'33"W., a distance of 114.96 feet; thence N,33°53'11 "W., a distance of 80,19 feet; thence
N27°02'08"W, a distance of 95,88 feet; thence N.31°03'58"W., a distance of 113.23 feet; thence
N19°42'29"W" a distance of 7743 feet; thence N,18°58'OTW., a distance of 99,15 feet; thence
N 09°09'58"W, a distance of 127.56 feet; thence N.07°59'11"E., a distance of 85.65 feet; thence
N 04°34'03"E" a distance of 88,03 feet; thence N.12°42'24"E., a distance of 151.66 feet; thence
N 16°35'04"E" a distance of 147,18 feet; thence N,28°19'13"E., a distance of 100,89 feet; thence
N 21°00'29"E., a distance of 98.19 feet; thence N,21°16'27"E., a distance of 79,29 feet; thence
N 04°00'26"W" a distance of 71.26 feet; thence N.08°09'40"W., a distance of 112.57 feet; thence
.'J.Oo025'15"W, a distance of 65,37 feet; thence N,Or35'10"W., a distance of 84.46 feet; thence
:'\J.-9°52'1O"W" a distance of 62.40 feet; thence N,04°00'39"W., a distance of 50,18 feet; thence
N24°33'09"W" a distance of 8786 feet; thence N,39°15'38"W., a distance of 74.17 feet; thence
N 42°51'42"W, a distance of 55.72 feet; thence N.75°15'30"W., a distance. of 75,06 feet; thence
~~ C6°4T16"E" a distance of 42,98 feet; thence N.11°09'27"W., a distance of 71,52 feet; thence
N ~ 8°29'29"W, a distance of 86.64 feet; thence N,02°32'04'W., a distance of 70,78 feet; thence
EXHIBIT "A"
LEGAL DESCRIPTION
HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
Being a portion of Sections 13 & 24.
Township 48 South, Range 26 East.
Collier County, Florida
N A 3SC6'52"E.. a distance of 80,21 feet; thence N.02°11'35"E" a distance of 51.22 feet ther:cs
N 5T45'30"W" a distance of 31 60 feet thence N36°04'22"W, a distance of 17.68 feet theree
N 22°03'21"W" a distance of 38.91 feet thence N,38°19'34"W, a distance of 62,73 feet; thence
N C6°48'48"E, a distance of 256.83 feet; thence N.56°49'22"E, a dlstarce of 230.89 feet ther.ce
N3T06'38"E" a distance of 307.08 feet; thence N.01°33'58"W, a distance of 22027 feet theree
NA7"55'49"E" a distance of 261.06 feet; thence S,50020'34''E, a distance of 238.48 feet; thence
N ì9c05'16"E" a distance of 44,71 feet; thence N,66°54'39"E., a distance of 198,99 feet; thence
N 88°19'41"E" a distance of 309,14 feet; thence S,81°11'47"E" a distance of 382,30 feet; thence
S58°54'22"E, a distance of 212.84 feet thence S.61°55'11"E, a distance of 69.00 feet thence
N 27c24'54"E, a distance of 326.91 feet; thence N23c54'05"E, a distance of 5209 feet; thenc:e
IN OssI9'58"E" a distance of 4501 feet; thence N16°00'11"W. a distanc:e of 225.09 feet thenc:e
N 36c39'53"W" a distance of 16108 feet: thence N53°19'35"W, a distance of 170.55 feet; thence
N 37c40'44"W, a distance of 222,13 feet thence N,26°13'42"E., a distance of 25795 feet; thence
.s ~6c33'40"E, a distance of 13504 feet; thence N 50004'55''E,. a distance of 31750 feet thence
N .:1T15'05"E" a distance of 238.71 feet; thence S85°43'54"E" a distance of 22424 feet to a point on the
t:3St lne of Section 13; thence SOoo57'28"E along said East line of Section 13, a distance of 2 313.33
'",-:::t thence S01°00'51"E,. a distance of 1.34899 feet; thence S,01°01'37'E. a d;stance of 1,34974 feet
:::; 'he NOrLheast corner of Section 24; thence S.01°04'52"E. along the East line of Section 24, a distance
:::f',336.42 feet; thence S,01°05'01"E" a distance of 1,336,52 feet; thence S,Q1°14'51"E" a distance Qf
:::57453 feet to the POINT OF BEGINNING,
Corralning 68733 acres, more or less,
S..;c;ect to easements, restrictions, reservations and rights-of-way of record
Beanngs are based on the East line of the Southeast Quarter of Section 24 as oerng S01 °14'51 "E,
See a:tached sketch.
Preparea by:
VVi!sonMiller. Inc.
S:ep.n,en P Erek, Professional Surveyor & rviapper
Fiorida Registration No. LS 3273
December 1. 2004
Date
'Je: '.aild '.vithout the signature and the origlnai raisec seal of a F;or¡da :!c:ersec SJ¡veyor and Maoper
:=. N N0442-211-000 GCCDD
",,,, O-i:442-:22
:::<i:¿ December 1 2004
BOARD OF ÇOUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT
TO SECTION 190.005(2), FLORIDA
STATUTES TO ESTABLISH ON
PROPERTY PROPOSED IN THE PETITION
THE HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT:
/
PETITION FOR ESTABLISHMENT BY COUNTY
ORDINANCE OF A COMMUNITY DEVELOPMENT DISTRICT
ON PROPERTY PROPOSED IN THE PETITION
Petitioner, Bay Home USH, Inc., a Florida Limited Liability Company of which it is the
managing member Bayvest L.L.C, by and through its undersigned attorney, petitions the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the
"Commission"), to adopt an ordinance: establishing, on the proposed property, and recognizing,
the community development district ("District") created and chartered by Uniform General Law,
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the Uniform Community Development District Act of Florida, chapter 190, FS., (2003 and
hereafter); acknowledging the ùniform district charter expressed in Sections 190.006-190.041,
Florida Statutes (FS.), and as referenced by section 190.004(4), FS., and section 189.4031(2),
FS.; establishing the District on the property proposed in this petition and designating the initial
district Board of Supervisors; and, designating the proposed land area within the District may
manage and finance its basic infrastructure, systems, facilities, services, improvements and
projects, In support whereof Petitioner submits:
1. Petitioner, Bay Home USH, Inc., managing member of Bayvest L.L.C. is a Florida
1
Limited Liability Company, its principal place of business at 10481 Ben C. Pratt Parkway, Fon
Myers, FL 33912, and Brian Sabean is Vice President - Operations Manager.
2. The land area to be serviced by the District is located wholly in unincorporated Collier
County. The land area is bounded on the north by conservation land controlled by Corkscrew
Regional Ecosystem Watershed Land and Water Trust, Inc.; on the east by the Bonita Bay Club
golf course; on the south by Immoka1ee Road (SR 846); and on the west by the Quarry golf
course subdivision; and comprises approximately 687.33 contiguous acres, more or less. A map
showing the location of the land area proposed to be serviced by the District is attached as
Exhibit "1".
3. A metes and bounds legal description of the proposed external boundaries of the
District is attached as Exhibit "2", There is no real property within the proposed boundaries of
the District which is to be excluded from the jurisdiction of the District.
4. Attached as Exhibit "3" is documentation constituting written consent to the
establishmcnt of the District by thc owners of one hundred percent (100%) of the real property to
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be includcd in the land area proposed to be serviced by the District.
5. The five (5) persons designated to serve as the initial members of the Board of
Supel';isors of the District, who arc citizens of the United States residcnts of the State of Florida
and \\'ho shall serve in that office until replaced by elected members as provided in section
190.006, FS., are:
(1)
J efffiy Marculai tis
541 SE 1st Terrace
Cape Coral, FL 33990
(2)
Samuel \V. Marshall, P,.E.
4413 E. Riverside Drive
Fort Myers, FL 33905
(3)
Frank L. Reynolds
611 SW52ndStreet
(4)
Ronnie S. Searcy
p, () Box 354
2
(5)
Cape Coral, FL 33914
Russell R. Smith
5327 Summerlin Road #12
Fort Myers, FL 33919
LaBelle, FL 33935
6. The proposed name of the District is the "Heritage Bay Community Development
District."
7. A map ofthe land area proposed for the establishment by ordinance of the state
created and chartered District, showing current major trunk water mains, sewer interceptors,
utilities and outfalls, if any, is attached as Exhibit "4".
8. The proposed timetable and the estimated related costs of construction and provision
of District systems, facilities and services which are contemplated by Petitioner to be proposed to
the District Board of Supervisors, if the District is established, and based upon available data
which are subject to change, is attached as Exhibit "5".
9. Col1ier County ("County") has adopted all mandatory elements of its Local
Government Comprehensive Plan ("Plan") in accordance with requirements of chapter 163, F, S.,
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and Collier County has completed its revised plan for minimum criterion review pursuant to
chapter 9J-5, Florida Administrative Code, by adoption of County Ordinance No. 2000-25
("2000 Plan"), as amended. County Ordinance No. 2000-25 and all amendments as enacted
designates the legal description ofthe land area proposed to be served by the District as "Urban
Residential Fringe Subdistrict.
Attached as Exhibit "6-A" is a copy of the future land use designation as set forth in the
text of the Future Land Use Element ofthe 2000 Plan. Attached as Exhibit "6-B" is a copy of
the Future Land Use map showing the future general distribution, location and extent of public
and p1i\,ne uses of land contemplated by the local government comprehensive plan of Collier
3
County for the land area proposed to be serviced by the District. Additionally, a copy of the
entire 2000 Plan, as amended, has been placed on file with the statI of the Commission for its
review and consideration. Exhibit "6-C" is a copy of a letter from the Florida Department of
Community Affairs reflecting that the 2000 Plan is in compliance.
10. A Statement of Estimated Regulatory Costs ("SERC") of the Commission's
granting this Petition, and the establishment (on the property proposed in the petition) by County
Commission ordinance of the state uniform and exclusive created and chartered District pursuant
thereto, in accordance and in compliance with sections 190.005(1)(a)(8) and 120.541, FS., is
attached as Exhibit "7".
11. Petitioner attaches, as Exhibit "8" to this Petition, discussions by qualified engineers
and planners providing infonnation for use by the Collier County and its staff in consideration of
the six factors for establishment of the District on the proposed property, and in support of the
Commission granting this Petition, and as additional materials in support ofthe statements in this
Petition, alleges (\vith the sequencediscussed logicaÜy wÍth factor No.4 considered last):
A. The Petition hereby affinns that all of the statements contained herein are true
and correct, in compliance with sections 190.005(2)(a), FS., 190.005(1)(e)1., FS. (See Exhibit
"8").
B. As according to the Future Land Use element of the Plan, the future land use
designation for the land area proposed to be included in the District is "Mixed Use Master
Planned Community". (See Exhibit "8"). The District, if established on the proposed property,
\\'ouId not be inconsistent with the policies under the future Jand use Urban Residential Fringe
Subdistrict category of the Plan. For a further discussion on these matters and related applicable
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Plan matters and also the State Comprehensive Plan, please reference Exhibit "8". See s.
190.005(2)(a), FS., 190.005(l)(e)2., F.S.
C. The land area proposed to be included within the state-created and chartered
District is comprised of approximately 687.33 contiguous acres which are of sufficient size,
sufficiently compact and contiguous sufficiently to be developable as one functional,
interrelated community as discussed in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)3.,
FS.
D. The community development systems, facilities and services to be provided
by the District on the proposed property will supplement, and will not in any way be
incompatible with, existing roads and other local and regional community development systems,
facilities and services on the proposed property. This matter is described further in Exhibit "8".
See s. 190.005(2)(a), FS., 190.005(1)(e)5., FS.
E. The area proposed to be served by the District is amenable to separate special
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district goverinnenfin the lighf6Îthe InformaTIon to be considered regarding the other factors.
This matter is described further in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)6, F.S.
F. Because the infonnation in the Petition is true and correct; because
establishment is not inconsistent with applicable local or state comprehensive plans; because the
land area is of sufficient size and compactness, and is contiguous sufficiently, to be developable
as one functional interrelated community; because the systems, facilities and services of the
District will not be incompatible with the capacity and uses of existing local and regional
community development systems, facilities and services; because the land area proposed to be
served by the District is amenable to separate special district government; and because, if
5
established on the proposed property, following the procedures in s. 190.005(2), F.S., the District
will constitute under s. 190.002(1)(b), F,S. a mechanism for timely, efficient, effective.
responsive and economic delivery of its systems, facilities and services; the District is, therefore,
the best alternative available for delivering these systems, facilities and services to the proposed
property in light of the services, systems and facilities which would be provided othenvise as
discussed in more detail in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)4, F.S.
12. Petitioner acknowledges certain legal and policy points regarding the Collier County
Water-Sewer District and related matters, as set forth in the official Acknowledgment attached to
the Petition as Exhibit "9", and incorporated herein. Petitioner contemplates a petition by the
District, once established, to obtain consent of the Commission as provided by Section
190.012(2), Florida Statutes, to exercise some or all the powers provided therein including
specifically but not limited to parks and recreation and security as provided bv 190.012 (2) (a)(b)
\VHEREFORE, Petitioner requests respectfully the Commission to:
--- --.- ---.--- -.- ---..- ---
A. Direct its staff to notice, as soon as practicable, a local, public, non-emergency and
infolmation-gathering ordinance hearing pursuant to the requirements of section 190.005(2)(c),
FS., on the subject of whether to grant this Petition for the establishment on the proposed land
area of the state chartered and created Heritage Bay Community Development District and to
enact the ordinance establishing the District on the proposed property.
B. Grant this Petition and adopt the ordinance to establish the District in conformity
herewith: to designate in the ordinance the land area to be served by the District, the name of the
District and the initial members of the Board of Supen7isors of the District and to recognize in
die ordinance, by statutory citation, that the uniform and exclusive general Jaw charter of the
6
District was created by the Florida Legislature in section 190.006-190.041, FS., as confirmed in
section 190.004(4), FS., and confirmed further in section 189.4031(2), FS. Recognize the
impending Petition from the District, if established, for consent by the Commission to exercise
certain enumerated special powers granted to the District by its exclusive uniform charter under
section 190.012(2), FS., and that such potential exercise has been reviewed and assessed to the
date of the ordinance. Providing finally that with regard to any future specific consent by the
county to the exercise by the District of any of such special granted powers in its general law
charter, the legal existence and authority of the District, as created by state law and as established
on the proposed property by this ordinance, shall have been dedded upon establishment.
RESPECTFULLY SUBMITTED this /!¡:fay of March, 2
/L~ ~
BRIAN SAJ3EAN
Vice President
Bay Home USH, Inc.
14081 Ben C~ PraffParKWaY-
Fort Myers, FL 33912
Telephone: (239)931-3820
ZA AN ENDERP
orney for Petitioner
Young van Assenderp, P .A.
- -- ---'----225 S. Adams Street, Suite 200
Tallahassee, FL 32301
Telephone: (850) 222-7206
K:\L'sers\KfoJden\US HOMES\Heritage BA YIPetition for Establishment by County Ordinance ofa Districtwpd
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EXHIBIT 1
HERITAGE BAY CDD
LOCA T!ON MAP
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CONSERVATION
(CREW LANDS)
LOCATION MAP
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IMMOKALEE RO/IO
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EXHIBIT "2"
LËGAL DESCRIPTION
HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
Being a portion of Sections 13 & 24,
Township 48 South, Range 26 East,
Collier County, Florida
A parcel of land being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 24; thence N.01°14'51"W, along the East line of
Section 24, a distance of 100.02 feet to the POINT OF BEGINNING; thence, leaving said East line of
Section 24, N,89°58'00"W" a distance of 2,638.89 feet; thence N.89°58'37"W., a distance of 2,514.00
feet; thence N,01°33'42"W" a distance of 1 ,535.94 feet; thence N.65°25'35"E. a distance of 270,30';
thence N.19°35'0T'W., a distance of 187.78 feet; thence N.02°00'24'W., a distance of 272,35 feet to a
point of curvature; thence along the arc of a tangent curve concave to the East, having for its elements a
radius of 35,00 feet, a central angle of 35°05'48", a chord of 21.11 feet, a chord bearing of N,15032'30"E.,
an arc distance of 21.44 feet; thence N,56°54'36"W., a distance of 20.00 feet; thence N,02°00'24"W" a
distance of 353.42 feet; thence N,53°48'12"E" a distance of 91.45 feet; thence S.36°11 '48"E., a distance
of 58.90 feet to a point of curvature; thence along the arc of a tangent curve concave to the North, having
for its elements a radius of 60,00 feet, a central angle of 71°39'28", a chord of 70.24 feet, a chord bearing
of S.72°01 '32"E., an arc distance of 75,04 feet; thence N.72°08'43"E;, a distance of 147.48 feet; thence
N,08°12'01"W" a distance of 69,11 feet; thence S.89°30'35"E., a distance of 211.29 feet; thence
S,8T58'25"E" a distance of 164,30 feet; thence N.88°10'39"E., a distance of 189.91 feet; thence
N88°59'22"E., a distance of 167.28 feet; thence S.88°56'16"E., a distance of 149.44 feet; thence
N,89°31'16"E., a distance of 138,78 feet; thence N.89°45'41"E., a distance of 110.44 feet; thence
N.89°36'13"E., a distance of 119.99 feet; thence S.89°19'35"E., a distance of 154,78 feet; thence
N,88°08'30"E., a distance of 180.40 feet; thence N.89°41'04"E., a distance of 38.61 feet; thence
N,01°22'58"E" a distance of 902.58 feet; thence N.21°47'57"E., a distance of 391.48 feet; thence
N,28°17'20"E" a distance of 190.21 feet; thence N.12°10'59"E., a distance of 299.09' feet; thence
N,OT56'42"E" a distance of 77.53 feet; thence N,04°26'52"E., a distance of 138.12 feet; thence
N21°21'56"E., a distance of 700.45 feet; thence N.73°43'21"W., a distance of 5.43 feet; thence
N,31°47'35"E" a distance of 117,82 feet; thence S.82°26'17"E., a distance of 54.75 feet; thence
S,79°17'56"E., a distance of 76.80 feet; thence N.79°45'22"E., a distance of 109.31 feet; thence
N51°55'31"E., a distance of 44,51 feet; thence N.12°26'48"W., a distance of 54.47 feet; thence
N04°42'52"E., a distance of 100.62 feet; thence N,26°24'51"W., a distance of 132.45 feet; thence
N,20055'33''W,, a distance of 114.96 feet; thence N.33°53'11"W., a distance of 80.19 feet; thence
N,27c02'08"W., a distance of 95.88 feet; thence N.31°03'58"W., a distance of 113.23 feet; thence
N.19°42'29"W., a distance of 77.43 feet; thence N.18°58'07'W., a distance of 99.15 feet; thence
N,09°09'58"W., a distance of 127.56 feet; thence N,07°59'11"E., a distance of 85.65 feet; thence
N.04°34'03"E., a distance of 88,03 feet; thence N.12°42'24"E., a distance of 151.66 feet; thence
N.16°35'04"E., a distance of 147,18 feet; thence N.28°19'13"E., a distance of 100.89 feet; thence
N,21°00'29"E" a distance of 98,19 feet; thence N.21°16'27"E., a distance of 79.29 feet; thence
N,04°00'26"W., a distance of 71.26 feet; thence N.08°09'40"W., a distance of 112.57 feet; thence
NOoo25'15"W., a distance of 65.37 feet; thence N.Or35'10"W., a distance of 84.46 feet; thence
N.19°52'10"W" a distance of 62.40 feet; thence N.04°00'39"W., a distance of 50.18 feet; thence
N,24°33'09"W" a distance of 87,86 feet; thence N.39°15'38"W., a distance of 74.17 feet; thence
NA2°51'42"W" a distance of 55,72 feet; thence N,75°15'30"W., a distance, of 75.06 feet; thence
N,06°47'16"E., a distance of 42.98 feet; thence N.11°09'27'W., a distance of 71.52 feet; thence
N.18°29'29"W., a distance of 86.64 feet; thence N.02°32'04"W., a distance of 70.78 feet; thence
=-.~+ '. S:::~E;'-
EXHIBIT "2"
LEGAL DESCRIPTION
HERITAGE BAY
COMMUNITY DEVELOPMENT DISTRICT
Being a portion of Sections 13 & 24,
Township 48 South, Range 26 East,
Collier County, Florida
N.13°06'52"E" a distance of 80,21 feet; thence N,02°11'35"E., a distance of 51.22 feet; thence
N,57"45'30"W., a distance of 31.60 feet: thence N.36°04'22"W.. a distance of 17,68 feet; thence
N,22°03'21"W" a distance of 38,91 feet; thence N,38°19'34"W., a distance of 62,73 feet; thence
N,06°48'48"E" a distance of 256,83 feet; thence N,56°49'22"E., a distance of 230.89 feet; thence
N,37"06'38"E., a distance of 307,08 feet; thence N,01°33'58"W., a distance of 220,27 feet; thence
N.47"55'49"E" a distance of 261.06 feet; thence S,50020'34''E,, a distance of 238.48 feet; thence
N.79°05'16"E" a distance of 44.71 feet; thence N,66°54'39"E., a distance of 198,99 feet; thence
N.88°19'41"E" a distance of 309.14 feet; thence S,81°11'47"E.. a distance of 382.30 feet; thence
S,58°54'22"E., a distance of 212,84 feet; thence S.61°55'11"E., a distance of 69,00 feet; thence
N,no24'54"E" a distance of 326.91 feet; thence N,23°54'05"E" a distance of 52,09 feet; thence
N,06°19'58"E" a distance of 45,01 feet; thence N.16°00'11"W" a distance of 225,09 feet; thence
N.36°39'53"W" a distance of 161,08 feet; thence N,53°19'35"W., a distance of 170,55 feet; thence
N S7"40'44"W" a distance of 222.13 feet; thence N,26°13'42"E" a distance of 257,95 feet: thence
S,76Q33'40"E., a distance of 135.04 feet; thence N,50004'55''E,, a distance of 317.50 feet; thence
N47"15'05"E" a distance of 238.71 feet: thence S,85°43'54"E" a distance of 224,24 feet to a point on the
East line of Section 13; thence S,00057'28''E, along said East line of Section 13, a distance of 2,::'13.38
feet: thence S,01°00'51"E., a distance of 1,348,99 feet; thence S,01°01'37"E" a distance of 1,349.ì4 feet
to :he Northeast corner of Section 24; thence S.01°04'52"E. along the East line of Section 24, a distance
of 1,336.42 feet; thence S,01°05'01"E" a distance of 1 ,336.52 f'3et; thence S,01°14'51"E" a distance of
2574.53 feet to the POINT OF BEGINNING,
Containing 687.33 acres, more or less,
Subject to easements, restrictions, reservations and rights-of-way of record,
Bearings are based on the East line of the Southeast Quarter of Section 24 as being S01 °14'51 "E.
See attached sketch,
Prepared by:
WifsonMiffer, Inc.
Stephen p, Erek, Professional Surveyor & Mapper
Florida Registration No. LS 3273
December 1, 2004
Date
Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper,
PI,N : N0442-211-000 GCCDD
Ref.. 0-0442-122
Date: December 1, 2004
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DEDICA TIONS/RESERV A TIONS:
(HERITAGE SAY)
KNOW ALL MEN BY THESE PRESENTS THAT BAYVEST, L.L.C.. A FLORIDA LIMITED
LIABILITY COMPANY, THE OWNER OF THE LANDS DESCRIBED HEREON HAVE CAUSED
THIS PLAT OF HERITAGE BAY TO BE MADE AND DO HEREBY:
1. DEDICATE TO HERITAGE BAY MASTER HOMEOWNER'S ASSOCIATION, INC.:
A. TRACT "Q" AS OPEN SPACE AREA WITH RESPONSIBILITY FOR MAINTENANCE.
8, ALL PRIMARY DRAINAGE EASEMENTS (P,D,E,) FOR THE PURPOSES OF
STORMWATER MANAGEMENT AND ACCESS WITH RESPONSIBILITY FOR
MAINTENANCE
C, ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) FOR LAKE MAINTENANCE AND
STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR
MAINTENANCE.
D. ALL DRAINAGE EASEMENTS (D. E.) FOR STORMWATER MANAGEMENT
PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE.
2, DEDICATE TO HERITAGE BAY COMMUNITY ASSOCIATION, INC.:
A TRACTS "LB-1", "LB-2", AND "LB-3" AS OPEN SPACE AREA FOR LANDSCAPE
PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE.
B, TRACTS "R-1" (HERITAGE BAY BOULEVARD), "R-2" (SMOKEHOUSE BAY
DRIVE), "R-3" (LIONS BAY DRIVE), "R-4" (GATOR BAY COURT) AND "R-5"
(SIESTA BAY DRIVE) AS PRIVATE ROAD RIGHTS-OF-WAY (R.O.W,), SUBJECT
TO THE EASEMENTS DEDICATED AND DEPICTED HEREON (AE" C.U.E., P,U.E.
AND D.E.), WITH RESPONSIBILITY FOR MAINTENANCE,
C. ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) AS DEPICTED HEREON FOR
THE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IRRIGATION,
WITH RESPONSIBILITY FOR MAINTENANCE.
D. ALL SURFACE DRAINAGE EASEMENTS (S.D.E,) OVER AND ACROSS GOLF
COURSE TRACTS "GC-1" THROUGH "GC-10" FOR DRAINAGE AND
MAINTENANCE PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE.
E. ALL GOLF CART EASEMENTS (G.C,E.) WITH RESPONSIBILITY FOR
MAINTENANCE.
3, DEDICATE TO COLLIER COUNTY:
A ALL LAKE MAINTENANCE EASEMENTS (L.M,E.) WITHOUT RESPONSIBILITY
FOR MAINTENANCE.
B. ALL DRAINAGE EASEMENTS (D.E,) WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
C, ALL PRIMARY DRAINAGE EASEMENTS (P,D.E.) WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
4. DEDICATE TO THE COLLIER COUNTY WATER-SEWER DISTRICT:
A ALL COLLIER COUNTY UTILITY EASEMENTS (C,U,E,) FOR THE PURPOSES OF
UTILITY INSTALLATION, CONSTRUCTION, OPERATION OR MAINTENANCE.
INCLUDING THE RIGHT OF ACCESS TO PERFORM ANY SUCH PURPOSES.
WITHOUT RESPONSIBILITY FOR THE MAINTENANCE OF THE SURFACE
EASEMENT AREA
B. ALL INTERIM WATER AND SEWER UTILITY FACILITIES CONSTRUCTED WITHIN
THIS PLATTED AREA. UPON ACCEPTANCE OF THOSE INTERIM UTILITY
FACILITIES PURSUANT TO THE APPLICABLE COUNTY REGULATIONS.
.::!:.:"~.:-~,::,--c; .'~~·':¡!·~::'::::.:;EK
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INCLUDING THOSE SET FORTH IN THE CODE OF LAWS AND ORDINANCES,
CHAPTER 134,
5, DEDICATE TO COLLIER COUNTY, ITS FRANCHISEES, AND THE NORTH NAPLES
FIRE CONTROL DISTRICT:
A. AN ACCESS EASEMENT "A.E." FOR THE SOLE PURPOSE OF PERMITTING
EMERGENCY AND OTHER SERVICE VEHICLES ACCESS TO ALL LOTS AND
TRACTS WITHOUT RESPONSIBILITY FOR MAINTENANCE.
6. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.), TO ALL
LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES, AS SHOWN ON THIS
PLAT FOR PUBLIC UTILITY PURPOSES, INCLUDING CONSTRUCTION,
INSTALLATION, MAINTENANCE AND OPERATION OF THEIR RESPECTIVE
FACILITIES, INCLUDING CABLE TELEVISION SERVICES, PROVIDED THAT SUCH
USES BE SUBJECT TO, AND NOT INCONSISTENT WITH, THE USE BY THE COLLIER
COUNTY WATER-SEWER DISTRICT. IN THE EVENT A CABLE TELEVISION
COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY, IT WILL BE
SOLELY RESPONSIBLE FOR SAID DAMAGES.
7. RESERVE TO BAYVEST L.L.C.:
A, TRACTS "A", "B", "C", "D", "E", "F", "G", "H", "J", "K", "M", "N" AND "P" FOR FUTURE
DEVELOPMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE.
B. GOLF COURSE TRACTS "GC-1", "GC-2", "GC-3", "GC-4", "GC-5", "GC-6", "GC-T',
"GC-8", "GC-9", "GC-10" FOR GOLF COURSE PURPOSES, SUBJECT TO A
SURFACE DRAINAGE EASEMENT (SD.E.) WITH RESPONSIBILITY FOR
MAINTENANCE.
C. TRACTS "L-1", "L-2", "L-3", "L-4", "L-5", "L-6", "L-7", "L-8", "L-9", "L-10", "L-11", "L-12",
"L-13", "L-14", "L-15", "L-16", "L-1T', "L-18", "L-19", "L-20", "L-21", "L-22", "L-23", "L-
24", "L-25", "L-26", "L-27", "L-28" AND "L-29" AS LAKES FOR STORMWATER
MANAGEMENT PURPOSES, SUBJECT TO THE EASEMENTS DEPICTED
HEREON, WITH RESPONSIBILITY FOR MAINTENANCE.
IN WITNESS WHEREOF, THE UNDERSIGNED OWNER HAS CAUSED THESE PRESENTS
TO BE SIGNED THIS DAY OF ,2004, A.D.
WITNESSES:
BAYVEST, L.L.C.
A FLORIDA LIMITED LIABILITY COMPANY
PRINTED NAME
BY: BA YHOME USH, INC.
ITS MANAGING MEMBER
PRINTED NAME
RUSSELL R SMITH, VICE PRESIDENT
·':':3::Q:;~· ~::--~ ". ScqE!-':
;¡-':'1
,':44,:<:: ~- '. . '<
Exhibit "3"
LANDO\VNER'S CONSENT TO ESTABLISHMENT OF DISTRICT
Bay Home USH, Inc. by and thfough its authorized representative, Brian Sabien Regional
Vice President, with its principal place of business at 10491 Six Mile Cypress Parkway, Fort
Myers, FL 33912, and Brian Sabean is Vice President is the owner or controller of certain
prope.~ty located in Collier County and more particularly described as follows:
See Exhibits "1" & "2" of the "Petition to Establish the Heritage Bay
Community Development District" incorporated herein by reference.
By signing below Brian Sabean, as owner, or controller of 100% of the proposed land to
be included in the HERITAGE OAKS COMMUNITY DEVELOPMENT DISTRICT
("District"), as evidenced in the deed records of Collier County and/or as evidenced by
documentation attached hereto and incorporated herein by reference, hereby gives full consent to
the establishment of the District by Collier County ordinance in accordance with section
190.005, Florida Statutes, and consents to the inclusion of its property within the proposed
boundaries of said District.
IN WITNESS WHEREOF, I hereunto set my hand on this :.?."3 rd day of ¡V ~ 2004.
~~~
---- Brian Sabean
STA TE OF FLORIDA
Le-e.., COUNTY
The foregoing instrument was acknowledged before me this ~ day of N OV
200'+, by ~,ì 0. ÝÌ l. ~\-,)Q 0, D
Personally known ./
Produced Identification
Type of Identification Produced
Notary Public
\-f\ ~þ;~ K -lkvJ)~'-A~
:~vl~: commis~·i0n expires: 5/ dO/OS
i'J ; h ik ~-\Ct i'bVcJ.z
(Printed Name of Notary Public)
;'::L'~è",KfoìdenUS HOMES\Henrage 8A Y',Exh¡bit 3 conscr.t.\Vpd
~ ~ Nikí K Starbuck
!'~ . My CommiSSion DD027248
"\ ~rf-;¡ Expires May 20, 2005
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CONSERVATION
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FUTURE LAND USE DESIGNATION
DESCRIPTION SECTION
The following section describes the land use designations shown on the Future Land Use Map.
These designations generally indicate the types of land uses for which zoning may be
requested. However, these land use designations do not guarantee that a zoning request will
be approved. Requests may be denied by the Board of County Commissioners based on
criteria in the Land Development Code or on special studies completed for the County.
I, URBAN DESIGNATION
Urban Designated Areas on the Future Land Use Map include two genera] portions of Collier
County: areas with the greatest residential densities, and areas in close proximity, which have
or are projected to receive future urban support facilities and services. It Is intended that Urban
Designated Areas accommodate the majority of population growth and that new intensive land
uses be located within them. Accordingly, the Urban Area will accommodate residential uses
and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee
and Marco Island, represents less than 10% of Collier County's land area.
The boundaries of the Urban Designated Areas have been established based on several
factors, including: patterns of existing development; patterns of approved, but unbuilt,
deveJopment; natural resources; water management; hurricane risk; existing and proposed
public facilities; population projections and the land needed to accommodate the projected
population growth.
Urban Designated Areas will accommodate the following uses:
(IV) a. Residential uses including single family. multi-family, duplex. and mobile home. The
maximum densities allowed are identified in the Districts, and Subdistricts and Overlays
that follow.
b. Non-residential uses including:
1. Essential services as defined by the most recent Land Development Code.
2. Parks, open space and recreational uses;
(XII)3. Water-dependent and water-related uses (see Conservation and Coastal
Management Element, Objective 10.1 and subsequent policies and the Collier
County Manatee Protection Plan (NR-SP-93-01), May 1995;
4. Child care centers;
{1)5. Community facilities such as churches group housing uses, cemeteries, schools and
school facilities co-located with other public facilities such as parks, libraries, and
community centers, where feasible and mutually acceptable;
6. Safety service facilities;
7. Utility and communication facilities;
8. Earth mining. oil extraction, and related processing;
9. Agriculture;
(V)10. Travel trailer recreational vehicle parks, provided the following criteria are met:
(a) The density is consistent with that permitted In the Land Development Code;
23
(b) The site has direct principal access to a road classified as an arterial in the
Transportation Element, direct principal access defined as a driveway and/or
local roadway connection to the arterial road, provided the portion of the local
roadway intended to provide access to the RV park is not within a residential
neighborhood and does not service a predominately residential area; and
(c) The use will be compatible with surrounding land uses.
11. Support medical facilities such as physicians' offices, medical cHnics, treatment,
research and rehabilitative centers, and pharmacies provided the dominant use is
medical related and located within ~ mile of existing or approved hospitals or
medical centers which offer primary and urgent care treatment for all types of injuries
and traumas, such as, but not limited to, North Collier Hospital. The distance shall
be measured from the nearest point of the tract that the hospital is located on or
approved for, to the project boundaries of the support medical facilities. Approval of
such support medical facilities may be granted concurrent with the approval of new
hospitals or medical centers which offer primary and urgent care treatment for all
types of injuries and traumas. Stipulations to ensure that the construction of the
support medical facilities are concurrent with hospitals or medical centers shall be
determined at the time of zoning approval. Support medical facilities are not allowed
under this provision if the hospital or medical center is a short-term leased facility
due to the potential for relocation.
(II)(IV)(V)(VI)(XI)12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict,
Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use
Subdistrict. Goodlette/Pine Ridge Commerciallnfill Subdistrict, Buckley Mixed Use
Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial
Mixed Use Subdistrict, Hendersor Creek Mixed Use Subdistrict; and, in the Urban
Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity
Center Subdistrict, Livingston/Pine Ridge Commercíallnfill Subdistrict, Livingston
Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commercial
Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the
Bayshore/Gateway Triangle Redevelopment Overlay.
13. Commercial uses accessory to other permitted uses, such as a restaurant accessory
to a golf course or retail sales accessory to manufacturing, so long as restrictions or
limitations are imposed to insure the commercial use functions as an accessory,
subordinate use. Such restrictions or limitations could include limiting the size and/or
location of the commercial use and/or limiting access to the commercial use.
Industrial uses subject to criteria identified in the Urban - Industrial District, in the
Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants
of Interchange Activity Centers.
Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the
Immokalee Area, Golden Gate Area and Marco Island Master Plans, and as
permitted in the Bayshore/Gateway Triangle Redevelopment Overlay.
Business Park uses subject to criteria identified in the Urban-Mixed Use District,
Urban
Commercial District and Urban-Industrial District.
Research and Technology Park uses subject to criteria identified in the Urban
-Mixed Use District, Urban Commercial District and Urban-Industrial District.
14.
(IV) 15.
16.
17.
26
. Single family/duplex/mobile home: 11 dwelling units per acre;
. Multifamily/dormitory: 22 dwelling units/beds per acre.
(VII)(1X) f. Sporting and Recreation camps within which the lodging component shall not exceed 1
cabinllodging unit per 5 gross acres, which may be achieved through clustering;
g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of
Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI
together with part of Section 29, Township 51 South, Range 27 East, at a density greater
than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously
approved units, which results in a gross density of 1.6 units per acre for the Fiddler's
Creek DRI; and further provided that no residential units shall be located on that part of
Section 29 within the Fiddler's Creek DRI; and further provided that South Rorida Water
Management District jurisdictional wetlands impacted by the DRlln said Sections do not
exceed 10 acres.
. ..
(1)(VI1){IX) 1. Rural Commercial Subdistrict
Within the AgriculturallRural- Mixed Use District, commèrcial development, up to a
maximum of 200 acres, may be allowed providing the following standards for intensity of
use are met and subject to the Interim Development Provisions:
a. The project, or that portion of a larger project, which is devoted to commercial
development, is 2.5 acres or less in size;
(IX) b. The project, or that portion of a larger project which is devoted to commercial
development, is no closer than 5 miles, measured by radial distance, from the nearest
developed commercial area, zoned commercial area or designated Mixed Use Activity
Center, except that the southwest quadrant at the intersection of US 41 and S.R. 29, Is
eligible for commercial zoning under this provision; .
(VII)(IX) c. The proposed uses are limited to office, retail, and personal services intended to serve
the rural population and the traveling public, and are identified as those uses permitted
in the C-1, C-2 and C-3 Zoning Districts ofthe Land Development Code;
(VII)(IX) d. Commercial intensity shall not exceed 10,000 square feet of gross leasable floor area
per acre;
(VI1)(lX) e. The project is located on an arterial or collector roadway as identified In the Traffic
Circulation Element; and
(VII)(lX) f. The project is buffered from adjacent properties.
(IX) B. Rural Frinae Mixed Use District
The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District
consists of approximately 93,600 acres, or 70/0 of Collier County's total land area. Significant
portions of this District are adjacent to the Urban area or to the semi-rural, rapidly
developing, large-lot North Golden Gate Estates platted lands. Agricultural land uses within
the Rural Fringe Mixed Use District do not represent a significant portion of the County's
active agricultural Jands. As of the date of adoption of this Plan Amendment, the Rural
Fringe Mixed Use District consists of more than 5,550 tax parcels, and Includes at least
3,835 separate and distinct property owners. Alternative land use strategies have been
developed for the Rural Fringe Mixed Use District, in part, to consider these existing
conditions.
The Rural Fringe Mixed Use District provides a transition between the Urban and Estates
Designated lands and between the Urban and AgriculturaVRural and Conservation
designated lands farther to the east. The Rural Fringe Mixed Use District employs a
59
balanced approach, including both regulations and incentives, to protect natural resources
and private property rights, providing for large areas of open space, and allowing, in
designated areas, appropriate types, density and intensity of development. The Rural Fringe
Mixed Use District allows for a mixture of urban and rural levels of service, including fimited
f;xtension of central water and sewer, schools, recreational facilities, commercial uses and
essential services deemed necessary to serve the residents of the District. In order to
preserve existing natural resources, including habitat for listed species, to retain a rural,
pastoral, or park-like appearance from the major public rights-of-way within this area, and to
protect private property rights, the following innovative planning and development
techniques are required and/or encouraged within the District.
(IX)1. Transfer of Development Rights (TDR), and Sending and Receiving Designations:
The primary purpose of the TOR process within the Rural Fringe Mixed Use District is to
establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup los1
value and development potential through an economically viable process of transferring
such rights to other more suitable lands. Within the Rural Fringe Mixed Use District and
within designated areas of the Agricultural/Rural Mixed Use District, residential density
may be transferred from lands designated as Sending Lands to lands designated as
Receiving Lands on the Future Land Use Map, subject to the following:
(IX) A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed
Use District that have been identified as being most appropriate for development and
to which residential development units may be transferred from areas designated as
Sending Lands. Based on the evaluation of available data, these lands have a
lesser degree of environmental or listed species habitat value than areas designated
as Sending and generally have been disturbed through development, or previous or
existing agricultural operations. Various incentives are employed to direct
development into Receiving Lands and away from Sending Lands, thereby
maximizing native vegetation and habitat preservation and restoration. Such
incentives include, but are not limited to: the TOR process; clustered development;
density bonus incentives; and, provisions for central sewer and water. Within
Receiving Lands. the following standards shall apply, except for those modifications
that are identified in the North Belle Meade Overlay:
1. Maximum Density: Tile base residentiaJ density allowable for designated
Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per
acre). The maximum density achievable in Receiving Lands through the TOR
process is one (1) dwelling unit per acre. Once the maximum density is achieved
through the use of TORs, a density bonus of no more than 10% of the maximum
density per acre shall be aHowed for each additional acre of native vegetation
preserved exceeding the minimum preservation requirements set forth in Policy
6.1.2 of the CCME. This maximum density is exclusive of the Density Blending
provisions. Dwelling Units may only be transferred into Receiving Lands in whole
unit increments (fractional transfers are prohibited).
2. Clustering: VVhere the transfer of development rights is employed to increase
residential density within Receiving Lands, such residential development shall be
clustered in accordance with the following provisions:
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan. central water and sewer shaH be extended to the
project. Where County sewer or water services may not be available
60
El
concurrent with development in Receiving Lands, interim private water and
sewer facilities mày be approved. '
b) The maximum lot size allowable for a single-famUy detached dwelling unit is
one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3. Minimum Project Size: The minimum project size required in order to receive
transferred dwelling units is 40 contiguous acres.
4. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical
storm or hurricane event, community facilities, schools, or other public
buildings shall be designed to serve as storm shelters if located outside of
areas that are likely to be inundated during storm events, as indicated on the
Sea, Lake, and Overland Surge from Hurricane Map for Collier County.
Impacts on evacuation routes, if any, must be considered as well. Applicants
for new residential or mixed use developments proposed for Receiving Lands
shalJ work with the Collier County Emergency Management staff to develop
an Emergency Preparedness Plan to include provisions for storm shelter
space, a plan for emergency evacuation, and other provisions that may be
deemed appropriate and necessary to mitigate against a potential disaster.
b) Applicants for new developments proposed for Receiving Lands shall work
with the Florida Division of Forestry, Collier County Emergency Management
staff, and the Managers of any adjacent or nearby public lands, to develop a
Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat
to life and property from wildfires. This plan will address, at a minimum:
project structural design; the use of materials and location of structures so as
to reduce wildfire threat; firebreaks and buffers; water features; and, the
impacts of prescribed burning on adjacent or nearby lands.
5. Permitted Uses: Uses within Receiving Lands are limited to the following:
a) Agricultural uses such as farming, ranching, forestry and bee-keeping;
b) Single-family residential dwelling units, including mobile homes where a
Mobile Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards include, but are not limited to: building heights; design standards;
and, buffers and setbacks.
d) Rural Villages, subject to the provisions set forth in 11. B.3 of this element.
e) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
f) Group housing uses subject to the following densitylintensity limitations:
· Family Care Facilities: 1 unit per 5 acres;
· Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
62
g) Staff housing as may be incidental to, and in support of, safety service
facilities and essential services;
h) Farm labor housing limited to 10 acres in any sing!e location:
. Single family/duplex/mobile home: 11 dwelling units per acre;
. Multifamily/dormitory: 22 dwelling units/beds per acre.
i) Sporting and Recreational camps within which the lodging component shaH
not exceed 1 unit per 5 gross acres;
j) Essential services.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(a) For golf course projects utilizing Density Blending Provisions set forth
in the Density Rating System of the FLUE: one (1) dwelling unit per
five (5) gross acres.
(b) For golf course projects not utilizing Density Blending Provisions,
including freestanding golf courses: the minimum density shall be
one (1) dwelling unit per five (5) gross acres, and one additional
dwelling unit per five (5) gross acres for the land area utilized as part
of the golf course, including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area dedicated as
conservation, which is non-irrigated and retained in a natural state.
The additional required density for such golf course development
shall be achieved by acquiring TORs from Sending Lands.
(2) Golf courses shall be designed, constructed, and managed in accordance
with Audubon International's Gold Signature Program.
(3) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management
Practices for Golf Course Maintenance Departments, prepared by the
Florida Department of Environmental Protection, May 1995.
(4) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount
of fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(d) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality,
(5) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station
information and moisture-sensing systems to determine the optimum
amount of irrigation water needed considering soil moisture and
evapotranspiration rates.
63
(b) As available; golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(c) Native plants shan be used exclusively except for special purpose
areas such as golf greens, fairways, and building sites. Within these
excepted areas, landscaping plans shall require that at least 75% of
the trees and 50% of the shrubs be freeze-tolerant native Floridian
species. At least 75% of the required native trees and shrubs shall
also be drought tolerant species.
(6) Stormwater management ponds shall be designed to mimic the functions
of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the
littoral zone. A Littoral shelf shall be established to provide a feeding area
for water dependent avian species. The combined length of vertical and
rip-rapped walls shan be limited to 25% of the shoreline. Credits to the
site preservation area requirements, on an acre-- to- acre basis, shall be
given for littoral shelves that exceed these littoral shelf area requirements
(7) Site preservation and native vegetation retention requirements shan be
the same as those set forth in CCME Policy 6.1.2. These areas are
intended to provide habitat functions and shall meet minimum dimensions
as set forth in the Land Development Code. These standards shall be
established within one year.
I) Commercial development as permitted as part of an approved Rural Village.
Within one year of adoption of these amendments, the County will develop
appropriate standards for commercial development within Rural Villages, with
particular focus on design, scale, and access provisions that will maintain the
rural character or semi-rural character of the District.
m) Research and Technology Parks, consistent with the Research and
Technology Park Subdistrict provided for in the Urban designation, and within
an approved Rural Village. Within one year of adoption of these
amendments, the County will develop appropriate standards for Research
and Technology Parks within Rural Villages, with particular focus on design,
scale, and access provisions that will maintain the rural character or semi-
rural character of the District.
n) Zoo, aquarium, botanical garden, or other similar uses.
0) Public and private schools, subject to the following critelia:
· Site area and school size shall be subject to the General Educational
Facilities Report submitted annually by the Collier County School Board
to the Board of County Commissioners.
· The Site must comply with the State Requirements for Educational
Facilities adopted by the State Board of Education.
· The site shall be subject to all applicable State or Federal regulations.
p) Facilities for the collection, transfer, processing and reduction of solid waste.
q) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
r) Sports instructional schools and camps.
s) Earthmining, oil extraction and related processing.
t) Asphalt and concrete batch-making plants.
u) Travel trailer recn3ational vehicle parks, provided the following criteria are
met:
1) The subject site is adjacent to an existing travel trailer recreational
vehicle park site; and,
2) The subject site is no greater than 100% the size of the existing
adjacent park site.
6. Density Blending; Subject to the provisions set forth in the density rating system.
7. Open Space and Native Vegetation Preservation Requirements:
a) Usable Open Space: Within Receiving Lands projects greater than 40 acres
in size shall provide a minimum of 70% usable open space. Usable Open
Space includes active or passive recreation areas such as parks,
playgrounds, golf courses, waterways, lakes, nature trails, and other similar
open spaces. Usable Open Space shall also include areas set aside for
conservation or preservation of native vegetation and landscape areas. Open
water beyond the perimeter of the site, street right-of-way, except where
dedicated or donated for public uses, driveways, off-street parking and
loading areas, shall not be counted towards required Usable Open Space.
b) Native Vegetation Preservation: Native vegetation shall be preserved as set
forth in CCME Policy 6.1.2.
B) Neutral Lands: Neutral Lands have been identified for limited semi-rural residential
development. Available data indicates that Neutral Lands have a higher ratio of
native vegetation, and thus higher habitat values, than lands designated as
Receiving Lands, but these values do not approach those of Sending Lands.
Therefore, these lands are appropriate for limited development, if such development
is directed away from existing native vegetation and habitat. A lower maximum gross
density is prescribed for Neutral Lands when compared to Receiving Lands.
Additionally, certain other uses permitted within Receiving Lands are not authorized
in Neutral Lands. Within Neutral Lands, the following standards shall apply:
1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre).
2, Clustering: Clustering of residential development is allowed and encouraged.
Where clustered development is employed, it shall be in accordance with the
following provisions:
a) If within the boundaries of the Rural Transition Water and Sewer District, and
consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the
project. Where County sewer or water services may not be available
concurrent with development in Neutral Lands, interim private water and
sewer facilities may be approved.
b) The maximum lot size is one acre.
c) The clustered development shall be located on the site so as
to provide to the greatest degree practicable: protection for
listed species habitat; preservation of the highest quality
native vegetation; connectivity to adjacent natural reservations
or preservation areas on adjacent developments; and,
creation, maintenance or enhancement of wildlife corridors.
d) The minimum project size shall be at least 40 acres.
3. Permitted Uses:
a) Agricultural uses such as farming, ranching, forestry and bee-keeping;
b) Single-family residential dwelling units, including mobile homes where a
Mobile Home Zoning Overlay exists.
54
c) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
d) Group housing uses subject to the following density/intensity limitations:
· Family Care Facilities: 1 unit per 5 acres;
· Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
e) Staff housing as may be incidental to, and in support of, safety service
facilities and essential services;
f) Farm labor housing limited to 10 acres in any single location:
· Single family/duplex/mobile home: 11 dwelling units per acre;
· Multifamily/dormitory: 22 dwelling units/beds per acre.
g) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres; .
h) Essential services.
i) Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance
with Audubon International's Gold Signature Program.
(2) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, goJf courses shall comply with the Best Management
Practices for Golf Course Maintenance Departments, prepared by the
Florida Department of Environmental Protection, May 1995.
(3) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow reJease nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount
of fertilization applications;
(c) The use of an integratE~d pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality
(4) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station
information and moisture-sensing systems to determine the optimum
amount of irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(c) Native plants shall be used exclusively except for special purpose
areas such as golf greens, fairways, and building sites. Within these
excepted areas, landscaping plans shall require that at least 75% of
the trees and 50% of the shrubs be freeze-tolerant native Floridian
65
species, A.t least 75% of the required native trees and shrubs shaH
also be drought tolerant species.
(5) Stormwater management ponds shall be designed to mimic the functions
of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the
littoral zone. A Littoral shelf shall be estabJished to provide a feeding area
for water dependent avian species. The combined length of vertical and
rip-rapped walls shall be limited to 25% of the shoreline. Credits to the
site preservation area requirements, on an acre- to- acre basis, shall be
given for ittoia! shelves that exceed these littoral shelf area requirements
(6) Site preservation and native vegetation retention requirements shall be
the same as those set forth in the Rural Fringe Mixed Use District criteria.
Site preservation areas are intended to provide habitat functions and shaIJ
meet minimum dimensions as set forth in the land Development Code.
These standards shall be established within one year.
n Zoo, aquarium, botanical garden, or other similar uses.
k) Public and private schools, subject to the following criteria:
· Site area and school size shall be subject to the General Educational
Facilities Report submitted annually by the Collier County School Board
to the Board of County Commissioners.
· The Site must comply with the State Requirements for Educational
Facilities adopted by the State Board of Education.
· The site shall be subject to all applicable State or Federal regulations.
I) Facilities for the collection, transfer, processing and reduction of solid waste.
m) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
n) Sports instructional schools and camps.
0) Earthmining, oil extraction and related processing.
3. Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2
66
(IX) C) Sending Lands: Sending Lands are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species.
1. Sending Lands are located entirely within the Rural Fringe Mixed Use District,
and are depicted on the Future Land Use Map. Based upon their location,
Sending Lands are the principal target for preservation and conservation. Private
Property owners of lands designated as Sending Lands may transfer density to
Receiving lands within the Rural Fringe Mixed Use District, and to lands within
the Urban Designated Area subject to limitations set forth in the
Density Rating System. All privately owned lands within the Rural Fringe Mixed
Use District that have a Natural Resource Protection Area (NRPA) Overlay are
designated Sending Lands.
2. Maximum Transfer Rate: Dwelling Units may be transferred from Sending lands
at a maximum rate of 0.2 dwelling units per acre (1 dwelling unit per five acres).
Transfers may only occur in whole number increments (fractional transfers are
prohibited). In the case of legal nonconforming lots or parcels in_existence as of
June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwelling
unit may be transferred from said lot or parcel. To ensure appropriate
¡::¡-
- ,
compensation to lan.d owners within Sending Lands, the Board of County
Commissioners may adjust the maximum transfer rate; such an adjustment shall
require a Growth Management Plan Amendment. The basis of such adjustment
shall be an analysis of property values within Sending Lands, and may include
consideration of proximity of such properties to the urban area.
3. Limitations and Procedures:
a) Transfers shall not be allowed from sending lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The transfer of units shall be recorded in public records utilizjng a legal
instrument determined to be appropriate by the County Attorney's Office.
Said instrument shall clearly state the remaining allowable lands uses on the
subject property after all, or a portion, of the residential density has been
transferred from the property.
c) Where residential density has been transferred from Sending Lands, such
lands may be retained in private ownership or may be sold or deeded by gift
to another entity.
4. Permitted Uses: Permitted uses are limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida
Right to Farm Act).
b) Detached single-family dwelling units, including mobile homes where the
Mobile Home Zoning Overlay exists, at a maximum density of one dwelling
unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres,
which existed on or before June 22, 1999. For the purpose of this provision, a
lot or parcel which is deemed to have been In existence on or before June
22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the
pub]jc records of Collier County, Florida; or 2) a Jot or parcel which has
limited fixed boundaries, described by metes and bounds or other specific
legal description, the description of which has been recorded in the public
records of Collier County Florida on or before June 22, 1999; or 3) a lot or
parcel which has limned fixed boundaries, for which an agreement for deed
was executed prior to June 22, 1999.
c) Habitat preservation and conservation uses. .
d) Passive parks and other passive recreational uses.
e) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres.
t) Essential Services necessary to serve permitted uses identified in Section
5.a) through 5.e) such as the following: private wells and septic tanks; utiUty
lines, except sewer lines; sewer lines and lift stations, only if located within
non-NRPA Sending Lands, and only if located within already cleared portions
of existing rights-of-way or easements, and if necessary to serve the Rural
Transition Water and Sewer District; and, water pumping stations necessary
to serve the Rural Transition Water and Sewer District.
g) Essential Services necessary to ensure public safety.
h) Oil extraction and related processing. Where practicable, directional-drilling
techniques and/or previously cleared or disturbed areas shall be utilized to
minimize impacts to native habitats.
5. Conditional Uses:
68
a) The following uses are conditionalJy permitted subject to approval through a
public hearing process:
(1) Essential services not identified above in Sf). Within one year, Collier
County wi/I review essential services currently allowed in the Land
Development Code and will define those uses intended to be conditionally
permitted in Sending designated lands. During this one-year period or if
necessary until a comprehensive plan amendment identifying
conditionally permitted essential services, no conditional uses for
essential services within Sending designated fands shall be approved.
(2) Public facilities, incJuding solid waste and resource recovery facilities, and
pUblic vehicle and equipment storage and repair facilities, shall be
permitted within Section 25, Township 49S, Range 26E, on rands
adjacent to the existing County landfill. This shall not be interpreted to
allow for the expansion of the landfill into Section 25 for the purpose of
solid waste disposal.
(3) Commercial uses accessory to permitted uses 5.a), 5.c) and S.d), such as
retail sales of produce accessory to farming, or a restaurant accessory to
a park or preserve, so long as restrictions or limitations are imposed to
insure the commercial use functions as an accessory, subordinate use.
b) In addition to the criteria set forth in the Land Development Code,
Conditional Uses shall be allowed subject to the following additional criteria:
(1) The applicant shaU submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This
plan shall be part of the required EIS as specified in Policy 6.1,7 of the
Conservation and Coastal Management Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size,
location, and access to the conditional use.
6. Where residential density is transferred from Sending Lands, allowable uses shall
be limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida
Right to Farm Act), including water management facilities, to the extent and
intensjty that such operations exist at the date of any transfer of development
rights.
b) Cattle grazing on unimproved pasture where no clearing is required;
c). Detached single-family dwelling units, including mobile homes where the
Mobile Home Zoning Overlay exists, at a maximum density of one dwelling
unit per 40 acres. In order to retain these development rights after any
transfer, up to one dwemng must be retained (not transferred) per 40 acres.
d) One detached dwelling unit, including mobile homes where the Mobile Home
Zoning Overlay exists, per each preexisting lot or parcel of less than 40
acres. For the purpose of this provision, a preexisting lot or parcel is one that
was in existence on or before June 22, 1999 and is: 1) a ot or parcel which
is part of a subdivision recorded in the public records of Collier County,
Florida; or 2) a lot or parcel which has limited fixed boundaries, described
by metes and bounds or other specific legal description, the description of
which has_been recorded in the public records of Collier County Florida on or
before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries,
for which an agreement for deed was executed prior to June 22, 1999. In
69
order to retain these development rights after any transfer, up to one dwelling
must be retained (not transferred) per each lot or parcel.
e) Habitat preservation and conservation uses.
f) Passive parks and passive recreational uses.
g) Essential services, as authorized in Sending Lands.
h) Oil extraction and related processing, excluding earth mining.
7. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2.
8. Adjustment to the Sending Land Boundaries. For all properties designated
Sending Lands where such property is contiguous to a Sending Land/Neutral
Land boundary or Sending Land/Receiving Land boundary, the County wiJI
provide written notice to the property owners to advise of the opportunity to
submit additional data and analysis to the County in an attempt to demonstrate a
change to the boundary is warranted, Said written notice will be provided within
three months of the effective date of these Rural Fringe amendments. Within
one year from the date these notices are sent, the County will initiate a Growth
Management Plan amendment to consider boundary changes, based upon the
data and analysis, as may be warranted, Under the following conditions,
adjustments may be proposed to Sending Land boundaries:
a) The property is contiguous to Neutral or Receiving Lands;
b) Site specific environmental data submitted by the property owner, or other
data obtained by the County, indicates that the subject property does not
contain characteristics warranting a Sendi!19 designation;
c) An adjustment to the Sending land boundary requires an amendment to the
Future Land Use Map,
(IX) D) Additional TDR Provisions: Within one year of adoption of this plan amendment,
Collier County will amend its land development regulations to adopt a formal process
for authorizing and tracking the Transfer of Development Rights. This process will
include, at a minimum:
1, The establishment of a simple, expeditious process whereby private property
owners may, by right, "sellw residential dwelling units from lands designated as
"Sending Lands", Said units may then be "transferred" by right to lands
designated as "Receiving Lands·, or to Urban Lands where authorized. Once
established, the TOR program shall be administratively reviewed and approved,
requiring no further public hearing or Board approval if consistent with the
provisions for administrative approval. ,
2. The establishment of a process for tracking and recording all transfers of
residential units in the public records of Collier County. This shall include the
identification of the entity or department responsible for on-golng administration
of the TOR program. In addition, the County shall consider the feasjbility of
establishing a "TOR Bank,· to be administered by the County or some other not
-for-profit governmental or quasi-governmental public agency established for this
purpose. The County shall consider and evaluate the funding options and
sources of revenues for such a TDR Bank as part of the FY04 budget review
process. Sources of funds to consider include, but are not limited to, General
Fund revenues, and federal and state grants and loans. A primary objective of
the TOR Bank is to make funds available to support the TDR program by offering
initial minimal purchase prices of TDRs. As part of these considerations,
projections for an annual budget for administration of the TDR program shall be
developed which would incJude the projected costs and funding appropriation for
the FY04 associated with initial purchase of residential development rights.
3. The establishment of a process to evaluate the TOR program and the degree to
which it is being utilized, culminating in an annual report to the Board of County
Commissioners on the Rural Fringe Mixed Use District TDR program.
4. The TOR process shall be the only mechanism to achieve increased density
within Receiving Lands, excluding the Density Blending provisions of this Plan,
and any density bonuses authorized in the Rural Fringe Mixed Use District.
5. A 25-year prohibition on utilizing TDRs where a parcel within Sending Lands has
been cleared for agricultural purposes after June 19, 2002.
(IX) 2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance
the rural character within the Rural Fringe Mixed Use District, within one year of adoption
of this amendment, Collier County will adopt land development regulations establishing
buffering standards for developments adjacent to existing or proposed arterial and
collector public roadways. These standards shall include, but are not limited to:
applicability provisions, includjng establishing a minimum project size below which these
requirements shall not apply; the degree to which water features, including water
management lakes and canals, may be a part of this buffer; credits for existing native
vegetation that is to be retained; and, credits toward any open space and native
vegetation preservation requirements.
(IX) 3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural
Fringe Mixed Use District in order to: maximize the preservation of natural areas and
wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for
residents of the District and surrounding lands to travel to the County's Urban area for
work, recreation, shopping, and education; and, to enhance the provision of limitedurban
and rural levels of service throùgh economies of scale. Rural Villages shall be comprised
of several neighborhoods designed in a compact nature such that a majority of
residential development is within one quarter mile of Neighborhood Centers.
Neighborhood Centers may include small scale service retail and office uses, and shall
include a public park, square, or green. Village Centers shall be designed to serve the
retail, office, civic, government uses and service needs of the residents of the village.
The Village Center shall be the primary location for commercial uses. Villages shall be
surrounded by a green belt in order to protect the character of the rural landscape and to
provide separation between v¡ ages and the low density rural development, agricultural
uses, and conservation lands that may surround the village. Villages shall be designed
to include the following: a mixture of residential housing types; institutional uses;
commercial uses; and, recreational uses, all of which shalJ be sufficient to serve the
residents of the Village and the surrounding lands, In addition, the following criteria and
conditions shall apply, except for those modifications that are identified in the North Belle
Meade Overlay:
A) Process for Approval: Within one year of the date of adoption of this amendment, the
Collier County Land Development Code shaH be amended to include provisions for
the establishment of Rural Villages. These provisions will establish specific
development regulations, standards. and land use mix requirements. Subsequent to
the creation of these provisions, applications shall be submitted in the form of a
Planned Unit Development (PUD) rezone and, where applicable, in conjunction with
a Development of Regional Impact (DRI) application as provided for in Chapter 380
7C
of Florida Statutes, or in conjunction with any other Florida provisions of law that may
supercede the DRI process.
B) Locational Restrictions:
1.A Rural Village shall not be located any closer than 3.0 miles from another Rural
Village.
2.No more than one Rural VilJage may be located in each of the distinct Receiving
Areas depicted on the FLUM. .
3.A Rural Village shall have direct access to a roadway classified by Collier County as
an arterial or collector roadway. Altematively, access to the.Village may be via
a new collector roadway directly accessing an existing arterial, the cost of which
shall be borne entirely by the developer.
4.A Rural Village shall be located where other public infrastructure, such as potable
water and sewer facilities, already exist or are planned.
C) Rural Village Sizes and Density:
1. Rural VilJages shall be a minimum of 300 acres and a maximum of 1,500, acres,
except within Receiving Lands south of the Belle Meade NRPA where the maximum
size may not exceed 2,500 acres. The Rural Village size is exclusive of the
required green belt area. Rural Villages shall include a Village Center and a
minimum of two distinct neighborhoods.
2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per
gross acre and 3.0 units per acre, respectively. The density calculation for a Rural
Village may include the base residential density permitted for the green belt area, if
such density is shifted to the Rural Village area.
3. Density may be achieved as follows:
a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per
acre (1.0 dwelliJ1g units per five acres) for lands within the Rural Village, and the
land area designated as a greenbelt surrounding the Rural Village, is granted by
right for allocation within the designated Rural Village.
b) The additional density necessary to achieve the minimum required density for a
Rural Village shall be achieved by an equal amount of TDRs and bonus units.
That is, for each TDR acquired one bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved through TDRs, and/or through a 0.5 unit bonus for each
unit that is provided for lower income residents and for entry level and workforce
buyers, and/or through a density bonus of no more than 10% of the maximum
density per acre allowed for each additional acre of native vegetation preserved
exceeding the minimum preservation requirements set forth in Policy 6.1.2 of
the CCME. Within one (1) year of the effective date of these Rural Fringe
amendments, the County will amend the land development code to establish the
following: a definition of "workforce housing;" minimum qualifications for the
above referenced density bonus; and, a minimum percent of the allowable
density that shall meet the definition of workforce/affordable housing within a
rural village.
D) Land Use Mix:
1. Acreage Limitations
a) Neighborhood Center - 0.5% of the total Village acreage, not to exceed 10
acres, within each Neighborhood Center.
b) Neighborhood Center Commercial- Not to exceed 40% of the Neighborhood
Center acreage and 8,500 square feet of gross leasable floor area per acre.
c) Village Center - Not to exceed 10% of the total Village acreage.
71
d) Viìlage Center Commercial - Not to exceed 30% of the Vil1age Center
acreage and 10,000 square feet of gross leasable floor area per acre.
e) Research and Technology Parks - Consistent with the provisions of the
Research and Technology Park Subdistrict in the Urban Mixed Use District
excluding paragraph j; the Park shall not exceed 4% of the total Village
acreage.
f) Civic Uses and Public Parks - Minimum of 15% of the total Village acreage.
E) Open Space and Environmental Protection:
1. Greenbelts: In addition to the requirements for parks, village greens, and other
open space within the Rural Village, a greenbelt averaging 500 feet jn width but
not less than 300 feet in width, shall be required at the perimeter of the Rural
Village. The Greenbelt is required to ensure a permanent un-developable edge
surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only
be designated on Receiving Lands. The allowable residential density shall be
shifted from the designated Greenbelt to the Rural Village. The greenbelt may
be concentrated to a greater degree in areas where it is necessary to protect
listed species habitat, including wetlands and uplands, provide for a buffer from
adjacent natural reservations, or provide for wellfield or aquifer protection, Golf
courses and existing agriculture operations are permitted within the greenbelt,
subject to the native vegetation preservation requirements specified below in
paragraph 2. However, golf course turf areas shall only be located within 100
feet of the Greenbelt boundaries (interior and exterior boundary); further, these
turf areas shall only be located in previously cleared, or disturbed areas (see
CCME Policy 6.1.2(1)).
2. Open Space and Native Vegetation Retention.
a) Native Vegetation shall be preserved as set forth in the Conservation and
Coastal Management Element Policy 6.1.2.
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 70% of Open Space shall be provided.
3. An environmental impact statement for the Rural Village and surrounding
greenbelt area shall be submitted an accordance with Policy 6.1.7 of the CCME.
F) Fiscal Neutrality: A Rural Village may only be approved after demonstration that
the Village will be fiscally neutral to county taxpayers outside of the Village.
1. An analysis shall be conducted and submitted in conjunction with the PUD
rezone and/or ORI application evaluating the demand and impacts on levels of
service for public facilities and the cost of such facilities and services necessary
to serve the Rural ViI1age. This evaluation shall identify projected revenue
sources for services and any capital improvements that may be necessary to
support the Village. Additionally, this analysis shaH demonstrate that the costs of
providing necessary facilities and services shall be fiscaUy neutral to County
taxpayers outside of the Village. At a minimum, the analysis shall consider the
following:
a) Stormwater/drainage facilities;
b) Potable water provisions and facilities;
c) Reuse or "Grey" water provisions for irrigation;
d) Central sewer provisions and facilities;
e) Park facilities;
f) Law enforcement facilities;
g) School facilities;
h) Roads, transit, bicycle and pedestrian facilities and pathways;
:2
i) Solid Waste facilities.
(VII) Development phasing and funding mechanisms to address any impacts to level
of service in accordance with the County's adopted concurrency management
program. Accordingly, there shalt be no degradation to the adopted level of
service for public facilities and infrastructure identified above.
G) As part of the development of Rural Village provisions, land development
regulations shall identify specific design and deveJopment standards for
residential, commercial and other uses. These standards shall protect and
promote a Rural Village character_and shall include requirements for parks,
greens, squares, and other public places. In addition to, the public spaces
required as a part of a Village Center or_Neighborhood Center. Rural Villages
shall incorporate a Village Park and neighborhood parks. In addition, the
following shall be addressed:
1. Rural Village, Village Center and neighborhood design guidelines and
development standards:
· A formal street layout, using primarily a grid design and incorporating village
greens, squares and civic uses as focal points.
· Neighborhoods and the village center will be connected through local and
collector streets and shall incorporate traffic calming techniques as may be
appropriate to discourage high-speed traffic.
· Consideration shall be given to the location of pUDlic transit and school bus
stops.
· Pedestrian paths and bikeways shall be designed so as to provide access
and interconnectivity.
· The siting of both schools and housing units within the village shall consider'
the minimization of busing needs within the community.
· Each Rural Village ~hall be served by a binary road system that is accessible
by the public and shall not be gated. The road system within the village shall
be designed to meet County standards and shall be dedicated to the public.
· A Rural Village shall not be split by an arterial roadway.
· Interconnection between the Rural Village and adjacent developments shall
be encouraged.
2. Specific allocations for land uses including residential, commercial and other non-
residential uses within Rural Villages, shall include, but are not limited to:
· A mixture of housing types, including single-family attached and detached, as
well as multi-family. Housing that is provided for lower income residents and
for entry level and workforce buyers shall receive a credit of 0.5 units for each
unit constructed. Collier County shall develop, as part of the Rural Village
Overlay, a methodology for determining the rental and fee-simple market
rates that will qualify for such a credit, and a system for tracking such credits.
· A mixture of recreational uses,including parks and village greens.
· Civic, community, and other institutional uses.
· A mixture of lot sizes, with a design that includes more compact development
and attached dwelling units within neighborhood centers and the Village
Center, and reduced net densities and increasingly larger lot sizes for
detached residential dwellings generally occuning as development extends
outward from the Village Centers.
· A mixture of retail. office, and services uses.
d) Specific development standards, including but not limited to, maximum net
densities; required yards; landscaping and buffering, and building heights.
73
4. If requested by the Collier County School Board during the PUD and/or DR!
review process, school sites shall be provided and shall be located to serve a
maximum number of residential dwelling units within walkjng distance to the
schools. Accordingly, schools, if requested, shall be located within or adjacent to
the Village Center, Where a school site is requested and provided, a credit toward
any applicable school impacts fees shall be provided based upon an independent
evaluation/appraisal of the value of the land and/or improvements provided by the
developer.
(IX) 4. Exemptions from the Rural Fringe Mixed Use District Development Standards -
The requirements of this District shall not apply to, affect or limit the continuation of
existing uses. Existing uses shall include: those uses for which all required permits were
issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition
has been approved by the County prior to June 19, 2002; or, land use petitions for which
a completed application has been submitted prior to June 19, 2002. The continuation of
existing uses shall include expansions of those uses if such expansions are consistent
with or clearly ancillary to the existing uses. Hereafter, such previously approved
developments shall be deemed to be consistent with the Plan's Goa1s, Objectives and
Policies and for the Rural Fringe Mixed Use District, and they may be built out in
accordance with their previously approved plans. Changes to these previous approvals
shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for
the Rural Fringe Mixed Use District as long as they do not result in an increase in
development density or intensity.
(I)(VII)(IX) C. Rural - Industrial District
The Rural- Industrial District, which encompasses approximately 900 acres of existing industrial
areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type
uses, subject to the Interim Development Provisions. Besides basic Industrial uses, Jimited
commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to
Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural
- Industrial District, as of October 1997, shall be deemed consistent with this Land Use District.
All industrial areas shall have direct access to a road classified as an arterial or collector in the
Traffic Circulation Element. or access may be provided via a local road that does not service a
predominately residential area. No new industrial land uses shall be permitted in the Area of
Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration,
drilling, and production ("oil extraction and related processing") shall not be deemed to be
industrial land uses and shaU continue to be regulated by all applicable federal, state, and local
laws. Intensities of use shall be those related to:
a. Manufacturing;
b. Processing;
c. Storage and warehousing;
d. Wholesaling;
e. Distribution;
(VII)(IX) f. High technology;
(VI!)(IX) g, Laboratories;
(VIJ)(iX) h, Assembly;
(VII)(IX) i. Computer and data processing;
(VII)(IX) j, Business services;
74
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'Ordinance 2000-025
Page 2 of3
EXHIBIT 6-C
01UJIr(ANCE NO. %000- 25
. -
AN ORDINANcg RISClNIHNG .AND REPEALING IN ITS
ENTIR:t1Y COLLIER C(JON'lY ORDINANCE NO. 99.63,
WHICH HAD TIiI: ~T OF RESCINDING c.E)l'l'AIN
&AiR·EASED OBJECmIES AND ÞOLICIE$ AT !SStrE 1N
ADM1N:IST.RA'I10N COMMISsrON CASE ·NO. Acc..s;?tJl
(DOAH CASE NO. '9B-03%4GM); B"i :PROVIDING FO'R
SECTION ONE. lUcSCISS1'ON Á~¡'D REPEAL QF
ORDINANC1t NO. 99-63 AND SECTroN TWO,
EFFECTIVE DA. TE.
WHER'EAB, Comer Ccunty. PUftllJUt ~ S«tion 1ð~,j161 et ¡;¡eq,( FkJri..:h &atu~" ~..e
JIJo rJ.& LccaL 00 Yet'nm.e m. Comprehenstve ?larHtlng aM La..14 Dèvelö~~t ~liÙ on Act
(hmlnder "tho Act'") is rcqW!'CId to p~ßn And adopt i.tompi'é-h~ve ¢.z.n, and'
WtIEaEAS, SectJon J63,31;.4(IX¡}, ~/da Starutel, :~u¡ru that a./LJ¡¡,nd deve!oPmorrt
rtIgU1wcns 'n~ 0: amcnd~ ~ Co1!lðr Coontjl Jlm.lI ~ rol".~rtent with tho åd~eó
~Ii~ þll!.n, or t!~em. or portion. ~mof: W
W'lIEREAs, on Jw:!tjI 10, 1!i1Q~, Collier County adopt~ tM Collier Count)' Growth
MlU'I.1gemw Plan OC' "GMP" is jt) çompn=hc.c~iYð plan pcTSWlD~ to 1h.e requ¡r~ of r
163.3151 B' ~q'l FtŒ"i'da ¿tratuw tùld R.u/.t.g¡..~ ofthð Florid¿ Admin¡àh'tt1~ CQ~ ~ -n
. W~s, PUCJl.1C'.t to Se«Jon ] ð~.31 ~ 1. Ffortda Statutes, 10«1 ¡.c~r!. AftJ;::
. ~~.
reqtúud to propan, i.,1d adept. tJ1e flrJ(. pericd'rc EIIJIuatioo ~ Appt'aia.Al ~~i'aj\etn
"BAR") wfthfn .~ y&An cf tlit a.do~011. o(t1-..o[r re~poctjyt çomprehend'Y'è pur-s; ~ ª C
~
WHEREAS. on ~o.er 27, 191ì1, CeJ1lf;!! Coumy adoptl!4 ~ RA:R·büed am ~nÑto
ifS GMP which IiIDendm:r-ts Mrf& ~t to 1M DCA for i1'l té'Vlew to detetmlnÞ c.omp1ranœ with
tb~ Ad z.nd Rule 9J-5; ~d
WHEREAS, on neQ~boer 14, i997, thð OCA issued it¡: Ncti~ of Int~ fin.ding ~¡I\ of
the EAJt-b.ued amendmu1a not in oomp1i~; MId
W1IEREAS, the BAR·bai:6d 2.mðlIdl1ietth fcu!1d not in complia1'.c.è ~: th~ Fu~ro !.and
trBB" Element jnclwifns the ·PuNrð Land UJð Map; th.e. DralMg. and Natural ~
Aqulfør Rocha~ Sub·el~ of thø 1>ubtic Facmtks Elem~t; the lmqcYernme1\ti./
C<xIrdinat3on EWn~ the COl1W'Yation z.nd Còilrtíll }..~~~ Element: the HotI~tna.
Bí 1m¡ e.nt; &lid tM Golden Qu~ An. Ma mr P1 an EremC:!'I'; U1d
WHER&\8, on lvû~ 19. 1m, the ..omin¡W!.tI't'~ law jud~ luued .. r~è:mnJ! n.dz:è order
t"ndins that ¡¡II QÍ tJu¡ I'èOOr~ EAR-b$Ud ¡.menð:me[t~ fQ",nd not in COmpHMCð by the DCA
'.,vm not In compHa.nce; wi
WIIEREAB, 01'1 JUl1e 22, ¡ 9P9. ~'" ÁdJ'!'.lnbtraHon ComrntaÞ:J11. pumuI1t to Sectton
1 63.3U4(Hì. Fb-Id:;r $J::¡l~d'$, tBN~ itJ Flr.t! 0T<íer findJn¡ the ref~ EAR.cued
a.m.e:ndmCltm not in oam. :IIianca ~ orrl¡¡rir¡g tJ....!!. :h~ be C"CIclr.<!ed by Se.¡¡t.e.mhèlt t 4, 1999; U!.d
WHEREAS- speci£!ctJty, thou amwd1'!".e:tts 4t'O: Policy 1.2,5. or tho In~lI1«ltal
Cccrcü::wkl/,) B!~t (Orrll!1aue No. 97...$6); ObJ~~ 1.2 :a.nd Po[j~ 1,2.¡ t.'1rough L2A of
ilie 'Nwal ~wa(!;r MrJî:tr Reoltat¡t B'u1>-~ unent ofth~ PubHo- F'acJ¡¡tle. Bl.cment
::;::~: ""·\T:, cl2'rl\:.collier.f1. us/scripts/LFì;V ebLin,,\:. èxe/wcblink:òro\vser.htrpJ ?doc=9223&ID... 6/1:':'::: .~":::'
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· Vlwnance ¿UUU-UL:>
Page 2 of3
(OrdJ~~ No, 97-59), PoIJcy 1,1 ,2 ,of ~e Dralt111.p ~b.elemetrt of tf:Lc Public· P-.cil'6ca
E{~w (OrdinlU'lCe No. 97:..Q3); tM Houtln¡ Bt.øm~t (Otdinlnu No, 97.63); Pßllclos, ~,1.4,
Md2,2,3 ofthetÚi:!tdon Gúe Area Mutfr P]lm (Ord:inance No, 97.~4)i Objl5Ct5veal.l 1.3,12.1.
1S.3, 7.3, '9.4, ~., ~ 11.6, J.nC! p¡)Uei~ 1.1.1, 1.1.2. 1.1.3, 1.3.1, 12, (,2~ aQd 12.~.5 of the
~erv¡¡,tion !lid CouuJ MBf.t¡me~t Btlrnem: ano PoUQ)' 3.1.d, of tM Futua Lü.d. U.e
Ble.ment, to¡ethcr with th~ Futm~ Land Use. Map de,pictiòn of "the CIOIL8tat his!. huard ua; a:1d
WIlEAEAS. er!. Septé!nbfr 14, 1m, tbe Board ct'Counfy Commluk,nbra r'Mdoptod. tho
EÀR-bued ¡mendme:trlr fitit &do~ en October 2.7, 19&11. but with the pr'Cl(bbn.. tbund not In
compll~ thQWU Ii" ruclnded, Nt:! other c.ñinþl wet'1:I made tQ t.ht [SIll? BAAo«,Dd
amMdmemJ; 1M
WE1tREAS, on O«ober :}I, 1m, t31e DCA., In it¡ N~C6 or I~rñ. 1b\)rI({ thi. plan
tmc:ndmcnt to ~ in f;cmpH~~ "no
WHEREAS. on NoYta\wr 10, 1.9519, the P1orlðl. WIld.11fe Poc!er&ti.on and the Cotll«
Cowrty Audubon 8òCiety :filed. their P~lt!o~ fo.r Huring dtaIloughll1 the September ]4. 19951
fwi.optté U!'I$fid!;Untf. St'Jd Pe:tltiot1 wu furwuded b)l tho DCA to the Div(.icn1 or
Adnilil!øtrUlV6 H:Mn.B'; a.t1cI
WHERL\S, 1M Petit.km. chaJ'fmþf BAR.-bl,* amc~dmeMJ that were DrigÙlaUy adopted
on Ootcb=e~'T 19;17. and~m~y reado:p~ by tMCouDty otL Bépf$mber 141 1m; and
WHER.EASt ilia f/1itl,g of stfd Pedtion, tos~:iIr with DOAa Cut NQ, 98~31GM, hat
'deå.y~ tho Coun~y' I ability 10 itnplem~t EI\R.buod lmoMmMU; W
WHE1U'.AS¡ the oorui:!qUOl1œ of t.be Count)". fnabìlity 10 lmplemem Ita BAll-ba.ed
ameOOmerlt1 rerulta JI1 the a,u:Jo/ Qþè1'U.i1\S u~der a Orowt.h Mat1&¡ww PI&'ll~ &3sniftow palU
,otwhich are. cl.c.ven (11) ymt old; !Ild
WllEREAS1 'Ilpon requm .!rom tb County. the DCA !uued , tttt.er confbmins thtt the
portfon, oft~ 1S797 EAR·baaed un~ thAt WH'e not IpfICiflQt1ty at tøu&l in DOAH CUI
NC2. ~B.Qj2GM b«:a.me 1e¡aH)' ~'ie whM ~e Pil'l.' Ord~ wu rendmedì 1.00
WHEREAS, thf o readoption ot Ú1e 1 m BAR.·bü~ l1.mo~m.cntl wu tnul unnec:.elw.ry;
Il1d
WIUZREA,S. th~ County, tbmfore, MeU to l'alciru;l Ordina~~ No. W-63 m in tntirtty
~d, In ia p[~ Imanðdilltoly adopt a Rp~ ordln~ which Inðt\!ly delete. tht p~øn. of
1hb 1997 BAR·bAed amcndmonu that Wife found T.!ot iT.! OOtiIpUao",
NOW. THI:RI.FORJ:, :8£ IT ORDAINED BY T!iE BOARD OF COtJNTY
COMMISSIOrœRS OF COLLIER CCUN"I'Y. rtO:a.tDJ., that.::
SECTION ONE: Ruet&lion IUld Repœt of Ordln&t1.Cð No. 99-63.
Coifi$\'" County O:rdi~ :Nc, 99-53, ado~d Orl September ]4, 199;, iJ hereby re.kindød
IU1d rep.r:Ia1 td ~u tu entJUJt}'. .
SEC1'1ON TWO: Bmctìw Dat-e.
This Ordin~e thúl tiki! ef1kt. upQn fHlng wlt[t tlJè Dopanmem of 8~,
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, Ordinance 2000-025
Page 2 of3
1IASS'ED AND DtJ1..V ,,\¡)OPTI.!) by tM ~r.rd orCOlJ~w Commirs:onm oíCclller Cí:r.1MY,
Fkxrtda tMt .Ei-d.J.y of ~ ' :rooo,
A·f!'B.Sr~
DVfIaHT B. BROCK. CI~
I:1OJ,.R.D Oil C(UJNTY COMMISmON'EM
OF CC~COUNTY. FI.01UPA
·/~
By: ~\ .i
TIM , Ì':' Chairman
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· ' Ordinance 2000-025
Page 2 of3
STA'Ia. OP FtlORJDA)
~ OF COttI~R}
J, C~IGgT B. BROCt. Cl~rk O~ CQart. in .~~ to~ th&
Tw~ntièth Ju~icial Circuit, Col¡ier County, Plo~~~, do her~by
itlif t!t
oe~tify that t~~ ~oragoi~~ i. & cru. ccpy ce: ~~ II
!~ ~
OÇl:O¡~r::~ NO. ~OOO-U fr~ _
!lbieh w.. &"01>'.. by 'h. 00&'" .. ,,"UAèy CO&Ù..if. ;.
t :¡., $th day of Nay, ""000, (1uring Regul¡;r; Senten. ~ F§
~~
~I~SS ~ hand a~d ~hè ¢f'i~ial séal c! tñ. BQ.~~ of
Coun~y ~om~isßion$r~ of colli6r é~un~l, Plo~!ð_, tbis 10th day
of ~i.y~ 2:QOO.
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ST A TE\IE'\T OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This statement of estimated regulatory costs ("SERe") supports the petition to establish the
Heritage Bay Community Development District ("District"). The District comprises
approximately 687 +/-acres of land within Collier County, Florida on which approximately409
single family, 826 multifamily dwelling units, 200 assisted living units, 55,000 square feet of
office space, and 175,000 square feet of commercial space are planned for development. The
limitations on the scope of this SERC are set out in Chapters J 20 and190 F.S. (2004)
(specifically, Sections 190.046(1)(a), 190.005(l)(a)8. and 120.541(2»).
Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing such a
district pursuant to uniform general law shall be fair and based only on factors material to
managing and financing the service delivery function of the district, so that any matter
concerning permitting or planning of the development is not material or relevant(emphasis
added)."
1.2 Overview of the Heritage Bay Community Development District
The District is designed to provide community infrastructure, services, and facilities along ,\lith
their operations and maintenance.
The development plan for the proposed lands within the District includes the construction of
approximately 409 single family, 826 multifamily dwelling units, 200 assisted living units,
55,000 square feet of office space, and 175,000 square feet of commercial space.
1.3 Requirements for the Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory costs
must contain:
(a) A good faith estimate of the number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals likely to be
atfected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing ,md enforcing the proposed rule. and any anticipated effect on
state and local revenues.
(c) i\ good faith estimate of the transactional costs likely to be incurred by individuals and
entities. including local governmental entities, required to comply with the requirements of the rule.
~\s used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based
upon standard business practices, and include íìling fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the "ule. additional operating costs incurred, and the cost of monitoring and reporting.
Cd) An analysis of the impact on small businesses as defined be Section 288.703. F.S.(2004).
and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.
(2004). Collier County is not defined as a small county for purposes of this requirement.
(e) Any additional information that the agency detennines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith
written proposal submitted under paragraph (l)(a) and either a statement adopting the alternative or a
statement of the reasons for rejecting the alternative in favor of the proposed rule.
2.0 A good faith estimate of the number of individuals and entities likely to be required to
comply with the ordinance, together with a general description of the types of individuals
likely to be affected by the ordinance.
As noted above, Heritage Bay is designed for approximately 409 single family, 826multifamily
dwelling units, 200 assisted living units, 55,000 square feet of office space, and175,000 square
feet of commercial space. Establishment of the District would put all of the households that
locate within the community under the jurisdiction of the District. Of course, the decision to
locate within the District is a voluntary one.
3.0 A good faith estimate of the cost to state and local government entities of implementing and
enforcing the proposed ordinance, and any anticipated effect on state and local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
State Government Entities
The District consists of fewer than 1,000 acres; therefore the Collier County is the establishing
entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various State
governmental entities to implement and enforce the proposed establishment of the District.
The modest costs to various State entities to implement and enforce the proposed ordinance
relate strictly to receipt and processing of various reports that the proposed District is required to
file with the State and its various entities. Appendix A lists the reporting requirements. The
costs to those State agencies that will receive and process the District's reports are very small,
because the District is only one of several hundred governmental units that are required to
submit the various reports. Therefore, the marginal cost of processing one additional set of
reports is de minimis. Additionally, pursuant to Section 189.412, F.S. (2004). The District must
pay an annual fee to the State of Florida Department of Community Affairs to offset such costs.
Collier County
The land within the District is within the unincorporated limits of Collier County and consists of
fe\\'er than 1,000 acres. The Collier County Board of Commissioners and Collier County staff
will process, analyze, conduct a public hearing, and vote upon the' petition to establish the
District. These activities will absorb some resources.
These costs to the County are modest for a number of reasons. First, review of the petition to
çswblish the District does not include analysis of the project itself. Second, the petition itself
provides much of the information needed for a staff review. Third, Collier County already
possesses the staff needed to conduct the review without the need for neìV staff. Fourth. there is
no capital required to review the petition. Fifth, general purpose local governments routinely
process similar petitions for land uses and zoning changes that are far more complex than is the
petition to establish a community development district. Finally, costs related to staff's time to
process the petition to establish the District have been offset by the S 15,000 filing fee that is
paid to the County.
The armual costs to Collier County, because of the establishment of the District, are also very
small and within control of the County. The District is an independent unit of local government.
The only annual costs the County faces are the minimal costs of receiving and to the extent it
wishes, reviewing the various reports that the District is required to provide to the County.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State or local revenues.
The District is an independent unit of local government with limited povv·ers. It is designed by
law to provide community facilities and services to the lands that comprise the Heritage Bay
area. It has its own sources of revenue. No State or local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida or any
other lmit of local government. In accordance with State law, debts of the CDD are strictly its
own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and
entities required to comply with the requiremcnts of thc ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may
provide. The District plans to fund, own, operate, and maintain the community's strormwater
management system, public landscaping improvements, and related irrigation improvements.
The District also plans to construct and finance the internal roadway system, water distribution
system, and waste water system. It is anticipated that these facilities will be turned over to the
Collier County for oììllership and maintenance.
Table 1. Heritage Bay Community Development District Proposed Facilities and Serviccs
FACILITY FlJNDEDI O&M OWNERSHIP
CONSTRUCTED
Water Distribution & CDD Collier County Collier County
Se\ver Collection Systems
Roads CDD CDDI CDD/
Collier County Collier County
Storm water :'vlanagement COD CDD CDD
System Landscape & Entrance CDD CDD CDD
The petitioner has estimated the costs for providing the capital facilities outlined in Table I.The cost
estimates are shown in Table 2 below. Total costs for these facilities are estimated to be
approximately $44,378,000. To fund this construction program the District may issue special
assessments or other revenue bonds estimated to total $57,700,000. These would be repaid through
non-ad valorem assessments levied on,all developable property within the District that specially
beneíìt from the District's capital improvement program as outlined in Table 1.
Table 2. Summary of Estimated Capital Costs Heritage Bay Community Development District
Category
Road\vay
Utilities
Earthwork
Water Management
Landscaping & Irrigation
Professional Fees & Permitting
10% Contingency
Construction Estimate
$6,069,000
8,327,000
16,022,000
2,708,000
4,310,000
2,907,000
4,035,000
Total
$44,378,000
Prospective future landovvTIers in the District may be required to pay non-ad valorem assessments
levied by the District to secure the debt incurred through bond issuance. In addition to the levy of
non-ad valorem assessments for debt service, the District may also impose a non-ad valorem
assessment to fund the operations and maintenance of the District and its facilities and services.
It is important to note that the various costs outlined in Table 2 are typical for developments of the
type contemplated. There is nothing peculiar about the District's financing that requires additional
infrastructure over and above what would normally be needed. Therefore, these costs are not in
addition to normal development costs. District-imposed assessments for operations and maintenance
costs are similar to what would be charged by a property owner's association common to most
mixed-use developments except they are government enforced first liens.
Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and
benefits associated with various alternative locations. Therefore, market forces preclude
developers from marking up the prices of their products beyond what the competition allows.
To remain competitive the operations and maintenance assessments must also be inline with the
costs imposed by the competition.
Furthermore, the decision to locate within the District is completely voluntary. These potential
residents are given full disclosure of the existence of the district and level of anticipated
assessments. So ultimately, all owners and users of the affected property chose to accept the
District's costs in tradeoff for the benefits that the District provides. A Community
Development District ("CDD") provides residents with the option of having higher levels of
facilities and services financed through self-imposed charges. The' District is an alternative
means to provide necessary community services. Paying for District management is no more
expensive, and often less expensive, than the alternatives of paying for infrastructure delivery
horn or financing through a 'MSBU" or "MSTU" a neighborhood association, County provision
(directly or via a dependents special district), or through developer equity and/or bank loans.
It should be noted that occupants of the lands within the District will receive three major classes
of benefits.
First, those residents and businesses in the District will receive a higher level of public services
and amenities sooner than would othenvise be the case.
Second, a CDD is a mechanism to ensure that the community services and amenities will be
completed concurrently with development of lands within the District. This satisfies the revised
grO'.vth management legislation, and it assures that growth pays for itself without undue burden
on other consumers. Establishment of the District will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting and ultimately electoral voting for resident elected boards, to determine the
type, quality and expense of District services they receive, provided they meet the County's
overall requirements.
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. (2004).
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S. (2004).
There will be no impact on small businesses because of the establishment of the District. If
any1hing, the impact may be positive. This is because the District must competitively bid
certain contracts. This affords small businesses the opportunity to bid on District work.
Collier County has an estimated population (not incarcerated) in 2005 that is greater than75,000.
Therefore the County is not defined as a "small" county according to Section 120.52, F.S.
6.0 Any Additional useful information.
The analysis provided above is based on a straightfonvard application of economic theory,
especially as it relates to tracking the incidence of regulatory costs and benefits. Input was
received from the developer's engineer and other professionals associated with the developer.
Finally, it is useful to reflect upon the question of whether the District is the best alternative to
provide community íàcilities and services to the project. As an alternative to the District,
Collier County could approve a dependent special district for the area, or use an MSBU or
rv1STU.
There are a number of reasons why county or its dependent district MSBU is not the best
alternative for providing community facilities and services to Heritage Bay. First, unlike the
District, the alternatives would require Collier County to administer the project and its facilities
and services. As a result the costs for these services and tàcilities \vould not be sequestered to
the land directly benefiting from them, as the case would be with the District. Administering a
project of the size and complexity of the development program anticipated for Heritage Bay is a
significant and expensive undertaking.
Second, a District is preferable from a government accountability perspective. \Vith a District.
residents and landowners in the District would have a focused unit of government ultimately
-,--._~.",._..>-'"
under their direct control. The District can then be more responsive to resident needs without
disrupting other County responsibilities. By contrast, if Collier County was to establish a
dependent district then the residents and landowners of Heritage Bay would take their
grievances and desires to the County Commission meetings.
Third, any debt of a District is strictly the District's responsibility. While it may be technically
true that the debt of a County-established dependent, special district is not strictly the County's
responsibility, any financial problems that the special district may have will inevitably entangle
the County. This will not be the case if a District is established.
Another alternative to the District would be for a property owner's association to provide the
infrastructure, operations, and maintenance of community facilities and services. A District is
superior to a POA for a variety of reasons. First, unlike a POA a District can obtain low cost
funds from the municipal capital markets. Second, the District can impose and collect its
assessments along with other property taxes. Therefore, the District is far more assured of
obtaining its needed funds than is a POA. Third, the District is a unit of local government. This
provides a higher level of oversight and accountability.
Fishkind and Associates certifies that this SERC meets the requirements for a Statement of
Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004).
We have developed over 25 SERe's. Below is a list of five ofthese.
Urban Orlando Community Development District
Marshall Creek Community Development District
Cedar Hammock Community Development District
Mediterra Community Development District
Brooks Community Development District
APPENDIX A LIST OF REPORTING REQUIREMENTS
FLORIDA
STATUTE
REPORT
A:umal Financial Audit
Annual Financial Report (AFR)
TRIM Compliance Report
Form I - Limited Financial Disclosure
Public Depositor
Proposed Budget
Public Facilities Report
Public Meeting Schedule
Bond Report
Registered Agent
CITE
11.45
218.39
218.32
200.068
112.3144
280.17
190.008
189.415
189.417
218.38
189.416
DATE
within 9 months following end of
fiscal year
within 12 months after end of
fiscal year
(d) no later than 12 months after
end of fiscal year or (e) no later
than April 30
no later than 30 days after
adoption of resolution
establishing property tax levy
by July 1
by November 30
at least 60 days prior to adoption
within one year of creation; annual
updates thereafter
quarterly, semiannually or
annually
when issued; 'vvithin 120 days after
delivery of bonds
30 days after íìrst meeting
HERlT AGE BAY COMMUNITY DEVELOPMENT DISTRICT
DA VID S. WILKISON, P.E.
Engineering Considerations
Establishment of Heritage Bay Community Development District on the Proposed Property
My name is David S. Wilkison. By profession I am a Professional Engineer registered in
the State of Florida. Attached is my resume. My job is to raise and discuss engineering aspects
and consequences of proposed new community development projects in general, and the various
alternatives for the delivery of basic infrastructure to community developments. This includes
the use of the specialized governmental entities known as Community Development Districts for
the provision of basic infrastructure.
Regarding the Heritage Bay Community Development District, which would provide
infrastructure to The Heritage Bay Development, I have assisted in the preparation of the
è
Petition, its required exhibits, and additional information pertinent to the engineering
consequences of establishing the District. This document constitutes a summary of the
engineering consequences of establishing the District on the identified property in the County.
The general law that creates the charter of the District requires information that must be
contained in all petitions, as required in the uniform establishment procedure set forth in Section
190.005, Florida Statutes. The Petition with its attachments establishes initial information on the
record and triggers the process that results in an ordinance establishing the District on the legally
described property, pursuant to Section 190.005(1 )(a), Florida Statutes. The Statute then requires
pertinent information as to the six factors which must be considered by the Petitioner, the County
District Processing Team, and, ultimately, the members of the Board of County Commissioners
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and its community development are serviceable by the District. The Statute uses the term
"amenable." From an engineering perspective. this term means the District provided systems,
facilities or services can adequately and economically serve the area. The key factor is to
determine if there are economies of scale by providing the required and desired services through
a Community Development District. Is the land area too small to obtain the benefits of a District
even though it is not too small to be permitted as a ne\v community? The. answer is that since the
land area, based on the proposed layout of the community, is sufficiently compact and contiguous
to efficiently provide services, its size does not limit or render it incapable of providing
significant economies of scale when governed by a special district. In my opinion the land area
in the District is amenable because of its size and the proposed layout of the community. Also,
there are no existing or proposed land features, facilities, encumbrances or restrictions that would
make the services and special capabilities of the District difficult or inefficient to provide.
fu2ecial Problems:
No special engineering problems were evident during my review
FACTOR FIVE
Factor Five should be considered next. It deals with whether the District would be
incompatible with any community development systems, facilities or services, either existing or
authorized.
From an engineering perspective, I understand the term "community development
services or facilities" to mean those infrastructure providing use, benefit, and enjoyment to the
users of the services or facilities. In reviewing the site, I have determined that the community
1;'~':'::)::4. ~~47'¡' \c>r" OWILKISON
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development services and facilities of the District will not be incompatible with the capacity and
uses of existing local and regional community development services and facilities.
Regarding the District facilitie~, systems and services, I view the term "compatibility," as
an engineer, to mean the District provide facilities, systems, and services can be integrated into
adjacent existing facilities, systems, and services without significant loss of function or economy.
In my opinion, establishment of the State District created with its systems and facilities
will not be incompatible with all of the existing or future authorized local and regional systems,
facilities and services. There will not be an overlap or duplication of services. The services
provided by the District will augment and improve those provided by Collier County and its
special districts.
Special Problems:
No special engineering problems were evident during my review
FACTOR FOUR
It is now logical to review Factor Four. I must consider if the District will be the best
alternative to provide the required and desired services and facilities to the proposed land area on
which the District is to exist. There are three major public and private alternatives for the
provisions of infrastructure systems, facilities, and services to proposed functionally interrelated
community developments. Purely private alternatives include a developer and a homeowner's
association. The first public alternative is a Community Development District. The other public
alternatives include the County, County management with a Municipal Service Taxing Unit
·';:'¡~,2:)C4· 3547.1 '.":r ,,~'- DW:l..KISON
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(MSTU) or Municipal Service Benefit Unit (MSBU), County dependent special districts, and
other local dependent districts and any regional districts.
In reviewing these alternatives for the particular land area in question in Collier County, I
reviewed the availability of existing services, the effort and cost required to extend service to the
cO[1Jmunity development the cost of providing daily service, and the long term level of
management and maintenance required for the systems, facilities and services.
Prom an engineering perspective, although Collier County has decided under most
circumstances to provide water, sewer, and irrigation services through a dependent district, or
independent purveyor, the County has not determined to provide other infrastructure to
community developments. The County is not, in my opinion, the best alternative to provide
those other systems, facilities and services from an engineering viewpoint for the following
reasons:
· The County has not master planned, designed, nor funded those other systems, facilities, and
services. The purpose of the District is to design, build, fund, maintain and operate those
other systems, facilities, and services.
· The county as a general purpose local government has such a large plethora of often
countervailing but legitimate economic financial political policy and regulatory duties,
responsibilities and requirements that it is not suited to take the time to spend any effort on
infrastructure within one particular proposed community development; whereas the District is
liberated to think long-term in the management and related financing of basic infrastructure
to the community development.
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Regarding the private developer, any private company, or a homeowner's association as
an alternative way to provide the remaining systems, facilities and services, I note as an engineer,
that there are a number of disadvantages including:
· The private developer is generally involved with a development on a short-term basis
compared to the District which has the responsibility to provide sustained quality
infrastructure on a long-term basis.
· The private developer may not have the funds to provide or complete the remaining systems,
facilities, and services.
· The homeowner's association is typically staffed with volunteer, non-professional staff that
may not adequately plan for the long-term maintenance and replacement of the systems,
facilities, and services.
Accordingly, the best alternative for this property, in my opinion as a professional
engineer dealing with infrastructure provisions for the community development project is the
District itself. The basis for this opinion is my experience as a civil engineer working in Collier
County and dealing with Collier County Government and the private development community on
a daily basis.
Special Problems
No special engineering problems were evident during my review
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TESTIMONY OF CARRON DAY, PLANNER
Planning Review
Establishment of the Heritage Bay Community Development District
A petition for establishing the Heritage Bay Community Development District (COD) has
been filed with the Collier County Board of County Commissioners. The purpose of this
report is to provide the Collier County Commission with the planning perspective relative to
the proposed COD.
My qualifications for providing this planning perspective are outlined in the attached resume,
I am a member of the American Institute of Certified Planners. I have been working as an
urban and regional planner in Southwest Florida since 1974. My work has included land
development activities, Developments of Regional Impact, comprehensive plan
amendments, zonings and the use of Community Development Districts, I have a Master of
City and Regional Planning degree from the Illinois Institute of Technology and have been
qualified in Florida administrative hearings and in various Florida county commissions and
city councils as an expert in zoning and land use matters and in local. regional, and state
growth management planning including the planning for alternative ways to provide
community development infrastructure,
Based on my experience and training in this field, I have addressed the planning aspects
and consequences of alternative means of providing infrastructure to the proposed property
of the Heritage Bay Community Development. I have assisted in the preparation of the
Petition to establish the Heritage Bay Community Development District, its required exhibits
and additional information pertinent to the planring consequences of establishing the
District. This paper is a summary of the planning consequences of establishing the
proposed District on the identified property within Collier County, Florida,
Regarding the petition to establish the Heritage Bay COD, I have reviewed the following:
1, Chapter 187, Florida Statutes, the State Comprehensive Plan,
2. The Collier County Comprehensive Plan.
3. Chapter 189, Florida Statutes, the Uniform Special District Accountability Act.
4, Chapter 190, Florida Statutes, the Uniform Community Development District Act.
Additionally, I have observed the proposed site of the Heritage Bay COD and reviewed the
Petition to Establish the Heritage Bay COD.
This is a review of establishing the Heritage Bay COD on the proposed land and, from a
planning perspective, the suitability or appropriateness of establishing a Community
Development District for the Heritage Bay Community. Section 190,005, Florida Statutes,
lists six specific factors that must be considered when making a determination regarding a
petition to establish a COO. These factors are:
1, Whether all statements contained within the petition have been found to be true and
correct.
2, Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of the land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community,
'2.'7/2004. H5363 Ver: 02~· CDAY
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4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community d€velopment services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-
district government.
The proposed land area for the Heritage Bay COO includes approximately 686± acres with a
total of 1250 units arranged as a mix of residential building types. The community is located
just east of the northeast quadrant of the intersection of Collier Boulevard (County Road
951) and Immokalee Road. The community includes residential neighborhoods, a
clubhouse, recreational areas, open space tracts, stormwater facilities, wetland preserves,
roadways and necessary water and sewer facilities. The community is area designated
Rural Fringe Mixed Use with an Urban-Rural Rural Fringe Transition Zone Overlay
(URFTZO) in the Collier County Comprehensive Plan and on the Future Land Use Map,
This planning consideration of the COD, relative to the six statutory decision factors, is
based on the COD exercising all of its statutory powers authorized in Section 190.012, F.S.
FACTOR ONE
Whether all statements contained within this petition have been found to be true and
correct.
I have observed the Heritage Bay site and reviewed the Petition for Establishing the
Heritage Bay COD, To the best of my knowledge, the statements contained within the
Petition are true and correct. There are no special planning problems evident from my
revIew.
FACTOR TWO
Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The State and Collier County Comprehensive Plans were reviewed for goals, objectives,
and policies that pertain to the establishment of a COD. These goals, objectives, and
policies were then reviewed specifically in relationship to proposed establishment of the
Heritage Bay COD. Based on this review, establishment of the Heritage Bay COD is not
inconsistent with applicable elements or portions of the State and Collier County
Comprehensive Plans.
This review did not consider comprehensive plan goals, objectives, or policies that do not
pertain to the establishment of a COD. State and Collier County Comprehensive Plan goals,
objectives, and policies pertaining to establishment of the COD and specific application to
the proposed establishment of the Heritage Bay COD are provided below:
~ 2/7/2C04· 145363 Ver: 02!· CDAY
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2555:'-S55·55~-· G
2
THE STATE COMPREHENSIVE PLAN
Subject and Goal (18)
(18) PUBLIC FACILITIES
(a) Goal. - Florida shall protect the substantial investments in public facilities that
already exist and shall plan for and finance new facilities to serve residents in a
timely, orderly, and efficient manner.
Policy 18(b) 3. Allocate the costs of new public facilities on the basis of the benefits
received by existing and future residents.
Establishment of the Heritage Bay COO will allocate the cost of new facilities to the users of
such facilities and specifically the owners of property within the district.
Policy 18(b) 4. - Create a partnership among state government, local governments,
and the private sector which would identify and build needed public facilities and
allocate the costs of such facilities among the partners in proportion to the benefits
accruing to each of them.
Establishment of the Heritage Bay COD creates a partnership between Collier County, the
Heritage Bay COD, and the developer for the management and funding of the community
facilities and the allocation of their costs to the facility users.
Policy 18(b) 5. - Encourage local government financial self-sufficiency in providing
public facilities.
The proposed Heritage Bay COO will be a financially self-sufficient local governmental entity
that will provide the community facilities for the Heritage Bay development.
Policy 18(b) 6. - Identify and implement innovative but fiscally sound and cost-
effective community facility financing techniques.
Establishment of the Heritage Bay COD will result in a fiscally sound and cost-effective
community facility financing technique by assessing the cost of facilities and services directly
to the property owners within the COO, These property owners are also the specific users of
the facilities and services.
Policy 18(b) 7. - Encourage the development, use, and coordination of capital
improvement plans by all levels of government.
Section 189.415, Florida Statutes, requires special districts to coordinate with local general-
purpose government and to submit and update a public facilities report. This public facilities
report must include information very similar to the capital improvement plans of most local
general-purpose governments. The local general-purpose government may use and rely
upon the district report.
Policy 18(b) 9. - Identify and use stable revenue sources which are also responsive to
growth for financing public facilities.
Establishment of the Heritage Bay COD provides stable community facility revenue sources
that are directly responsive to growth. This will occur as the community is developed. Within
the COD fees will be assessed to property owners. These fees are collected to finance the
management, installation and maintenance of community infrastructure and amenities.
12.17:2004· 145363 Ver. 02!- COAY
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-,
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Subject and Goal 20
(20)TRANSPORT A TION
(a) Goal. - Florida shall direct future transportation improvements to aid in the
management of growth and shall have a state transportation system that integrate
highway, air, mass transit, and other transportation modes.
Policy20(a) 6. - Promote timely resurfacing and repair of roads and bridges to
minimize costly reconstruction and to enhance safety.
Establishment of a COO will provide a stable revenue source for maintenance of the District
roadways and bridges that will provide timely resurfacing and repairs. The COD will include
a Board of Supervisors that own property within the COO and therefore will be focused on
efficient management of such roadway maintenance.
Subject and Goal 21. -
(21) GOVERNMETAL EFFICIENCY
(a) Goal. - Florida governments shall economically and efficiently provide the amount
and quality of services required by the public.
Policy 21(a) 2. Allow the creation of independent special taxing districts which have
uniform general law standards and procedures and do not overburden other
governments and their taxpayers while preventing the proliferation of independent
special taxing districts which do not meet these standards.
Establishment of the Heritage Bay COD is a direct application of this policy.
Policy 21 (a) 3. Encourage the use of municipal services taxing units and other
dependent special districts to provide needed infrastructure where the fiscal capacity
exists to support such an approach.
The creation of the COD will create a "so called" special taxing district in order to generate
revenues to be specifically earmarked for facilities and services within the Heritage Bay
community. The creation of this COD will assess the cost for these services to the users
and specifically exclude other taxpayers outside the district.
Policy 21 (a) 8. Replace multiple, small scale, economically inefficient local public
facilities with regional facilities where they are proven to be more economical,
particularly in terms of energy efficiency, and yet can retain the quality of service
expected by the public.
The Heritage Bay COD proposal provides for use of regional facilities for potable water
supply and sewage treatment. At the same time, the COD will provide local, quality,
responsive maintenance services for the local infrastructure and facilities such as roadways
and water management facilities.
Subject and Goal 26(a).
(26)PLAN IMPLEMENTATION
(a) Systematic planning capabilities shall be integrated into all levels of government
in Florida with particular emphasis on improving intergovernmental coordination and
maximizing citizen involvement.
Policy 26(a) 6. Encourage citizen participation at all levels of policy development,
planning and operations. '
The establishment of the Heritage Bay COD ensures that the local citizens in the district
actively participate in the operations of the community facilities within the COD.
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4
COLLIER COUNTY COLLIER COUNTY GROWTH MANAGEMENT PLAN
The Collier County Collier County Growth Management Plan is set forth in Collier County
Ordinance 2000-25, as amended.' This Plan is currently in force and effective in Collier
County subject to general law. No county plan or ordinance, under charter home rule or
non-charter home rule, may be inconsistent with the plan or any other general law,
Then::fore, the county plan may not be inconsistent with Chapter 190, Florida Statutes, the
express general law by which the community development district was created and pursuant
to which it is to be established by county ordinance on the proposed property.
Under the Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, part II, Florida Statutes, as amended, the Plan consists of
various components, elements and other designations. By way of methodology, I applied
each special power available to the Community Development District under all of Section
190,012, Florida Statutes, to every element, component, section and other aspect of the
Collier County Comprehensive Plan, I have applied this Plan as a planner in order to
determine whether there is any particular inconsistency with the Plan from creation and
establishment of the District.
The detailed methodology I used to make this determination is similar to that I outlined with
regard to the State Plan. First, I eliminated certain goals, objectives, policies, elements.
components, sections and portions, which do not address creating and establishing the
District on the proposed property; I also rejected those which relate strictly to community
developments. These subjects are irrelevant to the creation and establishment of the
District. After eliminating these matters, I identified and evaluated the remaining parts of the
Plan C1S to whether creation and establishment of the District, exercising any and all of its
special powers, would be inconsistent.
As to these goals, policies, components, elements, sections and other aspects of the Plan
which relate to creation and establishment of the District, I noted five for the purposes of this
planning analysis.
The establishment of the Community Development District, whose purpose is to provide its
governmental services attendant to Heritage Bay basic infrastructure, complies fully with the
goals, objectives and policies of the Collier County Growth Management Plan,
Capital Improvements Element
Objective 1.2:
FINANCIAL FEASIBILITY
Future development will bear a proportionate cost of facility improvements
necessitated by growth. Future Developments payments may take the form of
impact fees, dedication of land, provision of public facilities, and future payments of
user fees, special assessments and taxes.
Fees to the County and property taxes and non-ad valorem special assessments and fees
and charges to the District.
Public Facilities Element--Potable Water Subelement
Policy 1,2.6: Where Community Development Districts, or other similar special districts are
established to provide a tool for developers to provide infrastructure or other purposes,
wholly or partially within the Collier County Water-Sewer District, water service shall be
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connected to the regional system, and internal facilities shall be conveyed when acceptable
to the Collier County Water-Sewer District for operation and ownership...
Heritage Bay District will provide and maintain potable water infrastructure to support the
proposed development, and will connect the system to Collier County consistent with the
Collier County Utilities Ordinance. The District is consistent with this Policy.
Recreation and Open Space Element
Objective 1.4: Continue formal mechanism to improve and coordinate efforts among levels
of government and the private sector in order to provide recreational opportunities.
Heritage Bay District will provide extensive passive and active recreation and open space
facilities throughout the project site. The project will include natural preserves, lakes, parks,
and active recreation facilities such as tennis, swimming, and health club. Heritage Bay
District, through its management and related financing of value enhancing improvements, is
consistent with the Collier County Policy 1.4 in its commitment to provide on-site recreational
facilities,
Intergovernmental Coordination Element
Goal 1 and Objective 1.1.: Provide for the continual exchange of information and the
use of any intergovernmental coordination mechanisms to achieve compatible and
coordinated plans.
Heritage Bay has extensively coordinated with various public and private sector agencies in
the delivery of services, such as Collier County and Florida Power and Light to insure that
services are coordinated and non-duplicative.
Once established, the Heritage Bay District may enter into an interlocal government
agreement such as the one effected in Collier County as a rule with the Collier County
Water-Sewer Dependent District.
Future Land Use Element
Objective 5 and Policy 5.1: In order to promote sound planning, ensure compatibility
of land uses and further the implementation of the Future Land Use Element. All
rezonings must be consistent with the Collier County Growth Management Plan.
Heritage Bay is a mixed use master planned community, which has utilized the Planned Unit
Development zoning district alternative to establish the development program, and the
establishment of the Community Development District to provide specialized local
governmental infrastructure systems, facilities and services. The project site is located in
the area designated for Urban Residential Fringe development on the County Future Land
Use Map. The project is consistent with the permitted land uses, densities and policies of
the Future Land Use Element of the Collier County Growth Management Plan, and the
Community Development District is consistent with these policies because the District plans,
implements, constructs and maintains, both short-term and long-term, basic systems.
facilities and services implementing to the county capital improvement element which is tied
to the county future land use element.
Having thoroughly reviewed the Plan of Collier County as it may be' related to the creation
and establishment of a District pursuant to Chapter 190, Florida Statutes, I found that the
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District on the proposed property is not inconsistent with goals, objectives, policies, sections
or portions which were found not to be applicable to the establishment of a District.
Based upon the aforementioned findings, the creation and establishment of the District on
the proposed property would not be inconsistent with any goals, policies, sections or
portions of the Plan, even if it were to exercise any and all of its statutory powers. In fact.
the District would further the Plan in general, and many of its specific components.
Furthl~r, the creation and establishment of the District would not be inconsistent with those
parts of the Plan, which do not relate to the creation and establishment of a District.
FACTOR THREE
Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
This factor deals with whether the proposed land area characteristics of the land within the
COD are favorable to development of a functional interrelated community at Heritage Bay,
The Heritage Bay community, as master planned is an interrelated community. The
community is interrelated in that it shares recreational facilities, water distribution and sewer
collection facilities, a stormwater drainage system and a roadway network. The land
characteristics of size, compactness, and contiguity are important in assessing whether this
interrelated community can be functional.
The size of the Heritage Bay COD area is approximately 686± acres. This is, in my opinion,
of sufficient size to function as an interrelated and self-sustaining community, The master
planning that has been completed proves that the community facilities can be physically
located within the area in an efficient manner.
The proposed land area of the COD has a gross residential density of 1.82 dwelling units
per acre. These units are arranged in compact clusters of distinct neighborhoods. This is
sufficiently compact to not present any inefficiencies in providing for the functional needs of
the community.
The contiguity of the area is, perhaps, the most important factor in accessing the feasibility
of establishing a functional, interrelated community. Areas separated by significant
distances or connected only by long, narrow strips of land would not be conducive to either
a functional or an interrelated community. The proposed Heritage Bay COD area is
favorable to development of a functional interrelated community because it is one
contiguous area of a very efficient, almost rectangular shape.
The sufficiency of size, compactness, and contiguity of the proposed land area on which the
petition seeks to have the county establish the Heritage Bay COD works to create favorable
conditions for development of a functional interrelated community.
FACTOR SIX
Whether the area that will be served by the district is amenable to separate special-
district government.
Since Factor 6 deals with land area issues similar to Factor 3, it will be addressed here,
Whether the land area is "amenable" or suitable to separate special-district government
goes beyond size, compactness, and contiguity concerns. The location of the proposed
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COO area, especially as it relates to other public facility and service providers, is also
important in assessing the suitability of the area for a COO. In the Heritage Bay case, the
development is designated Rural Fringe Mixed Use with an Urban-Rural Rural Fringe
Transition Zone Overlay (URFTZO) in the Collier County Comprehensive Plan and on the
Future Land Use Map. Although the community is located within the boundaries of planned
growth, it is situated far enough away from the urban center of Collier that service quality
may not be regularly monitored when compared to a community in a more urbanized setting.
This location makes this area especially suitable or amenable to special-district government
because the special-district approach will provide very locally-focused attention on the
facility and service needs of the community.
The land area as proposed for establishment of the state created charted district is
amenable to separate district governance because it is sufficiently compact, contiguous and
of sufficient size, can be developed as one functional interrelated community, and there is
no incompatibility with existing or proposed local or regional facilities on the property.
Additionally, the proposed land for the COD is located adjacent to existing County-owned
environmental lands which provide unique opportunities and characteristics to the
community. Local, special-district government will be aware and attentive to these peculiar
characteristics.
FACTOR FIVE
Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
From a planning standpoint, the COO must operate within the policies in the Collier County
Comprehensive Plan and the development approval processes in place to ensure
compliance with the Plan. These policies and processes will ensure that the community
development services and facilities of the district will be compatible with the capacity and
uses of existing local and regional community development services. For example, capacity
and level of service issues are addressed in the County's concurrency management system.
Additionally, the Collier County Comprehensive Plan sets standards for public water and
sewer facilities. The County will operate and maintain the water and sewer systems while
the COD manages roadways and other community facilities. Based on this review and the
County regulations and policies that must comply with the Heritage Bay development, this
COD's services and facilities are compatible with existing community development services
and facilities,
FACTOR FOUR
Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
Factor 4 is being considered last because the responses to all the other factors form a basis
for the response to this factor. In commenting on whether the COD is the best alternative for
delivering services and facilities in the Heritage Bay area, the following alternatives were
considered:
1. Provision of services and facilities through the private development and a
homeowner's association.
2. Provision of services and facilities by Collier County Government, or managed by
Collier County and funded through a Municipal Services Taxing Unit or Municipal
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Service Benefit Unit, or managed and financed by an independent district on behalf
of Collier County,
3, Provision of services and facilities by a COO (or other independent special purpose
local government).
Planning considerations used to judge the best alternative for the Heritage Bay community
facilities and services included:
1. Anticipated quality of facilities and services.
2 Responsiveness to community needs for facilities and services,
3. Long term commitment to the community.
4, Ability to appropriately and adequately manage and fund community facilities and
services.
Relative to Consideration 1, quality of facilities and services, all the options would likely
provide the same quality of facilities because each would be required to meet County
standards. In terms of quality service, however, the COD is considered the best option
because of its local nature and knowledge of the local facilities. Homeowner's associations
would also be local but usually do not have the expertise available to provide the needed
service. County government, while possessing the necessary expertise, has many other
customers and typically does not provide the quality of service attainable by a local, focused
organization such as the COD,
Management of the District's infrastructure by the members of the District Board of
Supervisors provides pinpointed, focused management on a daily basis. The District is
independent of any countervailing pressures whether they be the reelection pressures of
county officials, the pressures from managing many other responsibilities and exercising
many other duties as county officials, or whether they be the pressures of meeting quarterly
and annual profit statements from a developer. From a planning perspective, focused
management enhances the intrinsic value of the property. Additionally, land planning and
permitting shall be consistent with all federal, state and county standards.
Relative to Consideration 2, again the local COD, devoted to this area's facility and service
needs, will be more responsive than a developer, a homeowner's association, or general
county government. The supervisors of the COD are first elected only by the property
owners, (and later by the qualified electors) of the COO and therefore need be responsive
only to them,
Condition 3, long-term commitment to provide and serve the facility needs of the community,
would also be best met by a COD. Both the homeowner's association option and the COD
would provide a personal concern, interest and commitment to long-term welfare of the
community that is difficult for general county government to provide. The homeowner's
association, however, does not have the COD statutory powers and duties spelled out in
Chapter 190, Florida Statutes. Additionally, the statutory reporting and coordination
requirements of a COD contained in Chapter 189, Florida Statutes, provide additional
assurances that the long-term needs of the community are being met by the COD.
Homeowner's associations generally depend on substantial volunteer and amateur effort
that, while serving a useful purpose, is not able to substitute for the professional, dedicated,
public work of the COD.
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Regarding Consideration 4, the COO has a number of advantages over a private
organization when it comes to management and related funding or financing facilities and
services. The COD has statutory powers to manage projects, raise funds, and finance
projects, Additionally, it is eligible for state funding programs for which a private entity might
not be eligible. The COD's local role of planning, managing and funding the community's
facilities also is preferred over general county government management and funding
because of the personal and intimate commitment, concern and knowledge that the COD
will, by nature, possess.
Based on each of these considerations, the COD is, in my opinion, the best alternative for
delivering community services and facilities to the Heritage Bay community.
I, Carron Dav attest that the statements and finding in this report are true and accurate to
the best of my knowledge.
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Exhibit "9"
ACKNOWLEDGMENT
The Uniform Community Development District Act of 1980, chapter 190, Florida Statutes
(2002 and hereafter except as otherwise noted)("Fla. Stat. hereafter"), restricts and limits expressly
the exercise of the state-created District's exercise of its state charter powers. The petitioner
acknowledges that the District's Board of Supervisors is bound legally and ethically to exercise its
general and special powers subject to, and not inconsistent with, the laws and regulations contained
in the Collier County Water-Sewer District Special Act, and any applicable P.D.D., preliminary
subdivision plat and/or development order as provided in sections 190.004 and 190.012, Fla. Stat.
In light of the statutory restrictions and mandates upon the powers and functions of a
community district discussed below, the District will not and cannot diminish the customer base of
the Collier County Water-Sewer District. Collier County under its ordinance is the permanent
provider of water and sewer service to the development on which the Community Development
District will be established.
Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District provides
in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2)
Collier County can require installation and dedication of water and sewer facilities to the County;
and 3) no water and sewer facilities can be built within the water-sewer district unless the Collier
County Commissioners sitting as the Water-Sewer District Board gives its consent and approval.
The land area which the District will serve is in the jurisdiction of the dependent Collier
County \Vater-Sewer District and is subject therefore to the terms of the 1988 Special Act. The
1
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community to be served by the District is also subject to P.D.D. and preliminary subdivision plat.
In addition, the land area involved is also subject to Collier County Ordinance No. 98-69, as
amended, utility facilities requirements, as well as the state, regional and local comprehensive plans,
permitting agencies and all related land development regulations.
The Florida Legislature, in section 190.002(1)(a), Fla. Stat. (1991), has found expressly that
the Community Development District is a solution to the management and capital infrastructure
financing problems faced by counties. In solving these problems, the Community Development
District also provides a method of servicing projected growth without over burdening other local
governments and their taxpayers. The Legislature has found the Community Development District,
a management entity, is a legitimate solution to infrastructure delivery challenges.
It is also the expressed policy of the legislature that Community Development Districts are
".... a legitimate alternative method available for use by the private and public sectors, as authorized
by state law, to manage and finance basic services for community development." s. 190.002(2)(b),
Fla. Stat. (1999). This quoted language means that the District is a management tool for both Collier
County and the petitioner. This management tool is to be used by both the developer and the county
as authorized in chapter 190, Fla. Stat.
In section 190.002(1)(b), Fla. Stat., the Legislature has found also that it is in the public
interest that "... the operation of such a district and the exercise by the district of its powers be
consistent with applicable due process, disclosure, accountability, ethics and government-in-the-
sunshine requirements." This law means that no decision of the Board of Supervisors can be made
in secret, and that Collier County will be given ample noticed opportunities to monitor the exercise
of the Board of Supervisors' special limited management powers, ineluding ~ose dealing with water
2
and sewer services. In other words, this language mandates that the district board of supervisors as
a local government works with the Collier County local government.
In regard to possible conflicts between general purpose local government laws and actions
of this Community Development District local government, the Legislature has stated expressly as
its policy that the exercise by the district of its powers 11. ..comply with all applicable governmental
laws, rules, regulations and policies governing planning and permitting of the development to be
serviced by the district to ensure that neither the establishment nor operation of such a district is a
development order under chapter 380, Fla. Stat., and that the district so established does not have
any zoning or permitting powers governing developments." s. 190.002(2)( c), Fla. Stat. In addition,
section 190.003, Fla. Stat., provides that a Community Development District shall function in such
a manner "...that all applicable planning and permitting, rules, regulations and policies control the
development of the land to be serviced by the District."
Even more illustrative of the Legislature's intent is its dispositive language in the "preemptive
and sole authority" section of the Uniform Community Development District Act. s. 190.004(3), Fla.
Stat.
First, the statute states specifically that "...[a]ll governmental, planning, environmental and
land use development laws, regulations and ordinances apply to all development ofthe land within
a Community Development District." Id. Since the Collier County \Vater-Sewer District Special
Act is a law of Florida, it applies to all development within the land to be serviced by the proposed
Community Development District. Since "all development" includes by definition utility and other
services, the Collier County Water- Sewer District requirements apply to all developments in the
applicable land area, even after the establishment of the Community Development District.
3
Second, the preemption section mandates directly and specifically that "a District shall take
no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of
the applicable local general purpose governments." rd. This direct mandate is to the Board of
Supervisors of the Community Development District that it shall take no action inconsistent with
the Collier County Water- Sewer District Special Act. Accordingly, the Board members will be
under ethical and legal duties, subject to malfeasance, non-feasance, and misfeasance of office, to
take no action inconsistent with the Collier County laws and regulations affecting the water-sewer
district customer base.
Last, those special powers of the Community Development District, which may be exercised
only after obtaining the consent of the local jurisdiction, are also limited severely by section 190.012,
Fla. Stat. This section provides in pertinent part that the District Board of Supervisors "...may
exercise [these and all its special powers], subject to the regulatory jurisdiction and permitting
authority of all applicable governmental bodies, agencies and special districts having authority to any
area included therein..." rd. Here, the Legislature has answered directly the question of whether the
District can act inconsistent with the regulations of the Collier County Water-Sewer District. The
exercise of the District's powers are "subject" to those of the Collier County Water-Sewer District.
K:\UserslKfolden\US HOMES\Heritage BA Y\Collier County water sewer acknowledgment.wpd
4
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2005-24
Which was adopted by the Board of County Commissioners on
the 24th day of May 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of May, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-offici9 ~o Board of
ftou. ty Cò~missioners
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