Backup Documents 07/26/2011 Item #17C
17 CF1..
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, July 1,
2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land
Development Services Department, Zoning Services Section, 2800 North Horsesboe Drive, Naples,
Florida 34104.
**************************************************************..************************************...
Originating Dcpt/ Div: GMD/Zoninl!
Person: Kay Deselem. Principal Planner
Date: June 24, 2011
Petition No. DOA-PL2010-274: Heritage Bay DRI
Petitioner: Lennar Homes, LLC; 10481 Ben C. Pratt Six Mile Cypress Pkwy; Ft. Myers, FL 33912 and
Pulte Home Corporation; 9240 Estero Park Commons Blvd.; Estero, FL 33928
Name & Address of any person(s) to be notified by Clerk's Office: R. Bruce Anderson, Esq.; Roetzel & Andress,
LP A; 850 Park Sbore Drive; Naples, FL 34103
Hearing before:
x
BCC
BZA
Other
Requested Hearing date: Tuesday, July 26, 2011. Based on advertisement appearing 20 davs before hearing.
Newspapcr(s) to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes. No. If Yes. what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326-649100-
00000; Purchase Order Number: 4500096189; Account Number: 068779
Reviewed by:
b ~ Zg - I /
Date
List Attachments: Resolution
DISTRIBUTION INSTRl1CTlONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file:
Requesting Division
Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************..**************************************************...*****
"'OR CLERK'S OFFICE USE ONLY:
Dale Received: lef21- Dale of Public Heanng: * Data Advenise,I ~
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DEVELOPMENT ORDER NO. 2011-_
RESOLUTION NO. 2011-_
A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01,
HERITAGE HAY, A DEVELOPMENT OF REGIONAL IMPACT,
PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE
AND EXTENSION OF EXPIRATION DATE; SECTION TWO:
FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LA Wj
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND
PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED
IN SECTIONS 13, 14,23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26
EAST IN COLLIER COUNTY, FLORlDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 03-01 (the "Development Ordcr") by Resolution 03-255 on July 27, 2003,
which approved a Development of Regional Impact (DRI) known as Heritage Bay DRI; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2009, a three-year and two-year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on June 22, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Senate Bill 7207 (2011) to further
extend the projected buildout date and expiration date of the DRI.
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar
Homes, LLC and Pulte Home Corporation, petitioned the Board of County Commissioners of
Collier County, Florida to amend the Development Order by setting a buildout datc and
extending the expiration date; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
Words slruck through arc deleted; words underlined are added.
Heritage Bay DRI / DOA-PL201 0-274
Revised 6/27/1 ] I of 4
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WHEREAS, on July 26,2011, the Board of County Commissioners, having considered
application of proposed changes to the Development Order and the record made at said hearing,
and having considered the record of the documentary and oral evidence presented to the Collier
County Planning Commission, and report and recommendation of the Collier County Planning
Commission, the report and recommendation of the Collier County Planning Staff and Advisory
Boards, the Board of County Commissioners of Collier County hereby approves the following
Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AM~NDMENT OF DEVELOPMENT ORnER 03-01
Conclusions of Law, Section 2 (FOLLOWING GENERAL CONSIDERATIONS 15.G.)
of Development Order 03-01 is hereby amended to read as follows:
2. This development order shall remain in effect for fifteen (15) years from the
dute it becomes iiRal and effeothr.c, until September 10,2032. The buildout
date for the development shall be December 30, 2023.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Heritage Bay DRI, which is the subject of
the proposed amendment, consists of approximately 2,562 acres, is legally described as set forth
in Exhibit "A", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19)(e)1., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as required by Section 380.06(19)(e)1. This
Section also provides "A Notice of Proposed Change ... that involvcs an extension of the
build out date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of f(3) and is not subject to a determination pursuant to
subparagraph t~5)."
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL201 0-274
Revised 6/27/11 2 of 4
17 C
A
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C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in April, 2011 that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previollsly approved Development Order do not
require further development-of-regional-impact review.
B. The proposed changes to the previously approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to thc prcviously approved Development Order are
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06(l9)(c) which provides ... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e) I, it is not subject to the publie hearing requirements of
380.06(19)(03. and it is not subject to a determination pursuant to Section 380.06(19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED llEVELOPMENT ORDER,
TRANSMITT AL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03-01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 6/27/11 3 of 4
17 C
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B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of COlmmmity Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effcct as provided by law.
BE IT FURTHER RESOL YED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and favorable vote.
Done this __ day of
, 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY;
FRED W. COYLE, Chainnan
, Deputy Clerk
Approved as to form
and legal sufficiency:
llcidi Ashton-Cicko
Section Chief, Land UselTransportation
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Attachment: Exhibit A - Legal Description
CP!l O-CPS-O 1015\2&
Words struck through are deleted; words underlined are added.
Heritage Bay DRII DOA-PL2010-274
Revised 6/27/11 4 of 4
17 C
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WilS(7nMiller
88
RECEIVED
AUG 1 9 2003
Nell; Olr6crions If! PliI,'in;ng, Or..5i0.'1 & [npineerhl()
EXHIBIT A
LEGAL DESCRIPTION
HERITAGE BAY
COLLIER COUNTY, FLORIDA
Sections 13, 14,23 and 24, Less the South 100 feet of Sections 23 and 24, Township 48 South, Range 26
East, Collier County, Florida.
Containing 2562.3 acres, more or less.
Prepared by:
Wil50'M~ ~~__ _
r.ashfcrd. Pi';)'! s.,;icnal Surveyor & Mapper
egistratiOl; 1"0. LSG305
See atteched SL!I'.'l:y.
Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper,
P.I.N.: N0442-008-000-FLS1A, Ref.: 5L-242, Date: August 5, 2003
liap/as Fort MYflrs Sarasota lamps Tl#lIahsBBfHI Psnama CIty Basch
4571 Colonial Boulevara, Suile 100 For! Myers. f'loriaa 33912 239-939-1020'ii: 239.939-7179 ,~~~
~OO:J.. 2&61'..04 'Uf': D'!. SEREK
N<Wl1.00s..ocn. S?l':". 751H
www.wllsonmllJof.CDrn
WIIH1nMl/h'f.1n.: .. JL L/I':.' LC COIJO,lO
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Acct #068779
June 27,2011
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
Legals
Re: DOA-PL2010-274, Heritage Bay DRI
Dear Legals:
Please advertise the above referenced petition on Friday, July 1,2011 and send the
Affidavit of Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
17 C \..
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, July 26, 2011, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
Development Order Amendment. The meeting will commence at 9:00
A.M. The title of the proposed Development Order/Resolution is
as follows:
A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01, HERITAGE BAY,
A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE:
ADDITION OF BUILDOUT DATE AND EXTENSION OF EXPIRATION DATE;
SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF
LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE.
THE PROPERTY IS LOCATED IN SECTIONS 13, 14, 23 AND 24,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,
FLORIDA.
Copies of the proposed Resolution are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
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If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3335 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
~-_._.~_.-'\
etmpJY~eleq\llier
CLERK OF THE (SIRCt]IT COURT
~ ..
COLLIER COUNTY 'cOUR~~USE
330 I TAMIAMI tRAIL E ST
P.O. BOX 4 \3044
NAPLES, FLORIDA".' 410 1-3?44
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17 C
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
June 27, 2011
Roetzel, & Andress, LP A
R. Bruce Anderson, Esq.
850 Park Shore Dr.
Naples, FL 34103
RE: DOA-PL2010-274: Heritage Bay DRI
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, July 26, 2011 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, July 1,2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
~y~f~llier
CLERK OF THE (s~CtJIT COURT
COLLIER COUNTY oURrfIouSE
330 I TAMIAMI IL E,\ST
P.O. BOX 4 3044 1
NAPLES, FLORIDA'\4101-3 44
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17 C 1 ..
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
June 27, 2011
Pulte Home Corporation
9240 Estero Park Commons Blvd.
Estero, FL 33928
RE: DOA-PL2010-274: Heritage Bay DRI
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, July 26, 2011 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, July 1,2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
~~t}:j)feqllier
t/...- '\ \
CLERK OF THE CSIRCtJIT COURT
COLLIER COUNTY FOURffIOUSE
3301 TAMIAMI l:JMIL EAST
P.O. BOX 4 \3044 \
NAPLES, FLORIDA'141. 01-3Q44
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17 C
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
June 27,2011
Lennar Homes, LLC
10481 Ben C. Pratt/Six Mile Cypress
Ft. Myers, FL 33912
RE: DOA-PL2010-274: Heritage Bay DRI
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, July 26, 2011 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, July 1,2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
~~~'~f~611ier
. \
CLERK OF THE G~RCtJIT COURT
COLLIER COUNTY tOURl'fIOUSE
3301 TAMIAMI ~IL E~S.T
P.O. BOX 4\3044 \
NAPLES, FLORIDA '}41 0 1-3144
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
June 28, 2011
Branda Winningham, Comprehensive Planner
State of Florida Department of Community Affairs
Southwest/Northeast Region Division of Community Planning
Development of Regional Impact Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: DOA-PL2010-274: Heritage Bay DRI
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, July 26, 2011 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, July 1,2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~V~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
17 C ~!11.
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, June 28,201111:13 AM
Naples Daily News Legals
DOA-PL2010-274, Heritage Bay DRI
DOA-PL2010-274, Heritage Bay DRI (7-26-11).doc; DOA-PL2010-274, Heritage Bay DRI
(7 -26-11 ).doc
Legals,
Please advertise the following attached ad on Fridav. Julv 1. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
Martha 5. Vergara
17 C . ~....
From:
Sent:
To:
Subject:
Legals NON [Iegals@naplesnews.com]
Tuesday, June 28, 201111:15 AM
Martha S. Vergara
RE: OOA-PL2010-274, Heritage Bay ORI
OK
fEmery CPaoan / Lega{ (])ept
:NapCes (])airy :News
1100 Immokalee Road
Naples, FL 34110
Direct Line: 239-213-6061
Fax Line: 239-263-4703
Send notices to: leqals@naplesnews.com
From: Martha S. Vergara rmailto:Martha.Vergara(Ci)collierclerk.coml
Sent: Tuesday, June 28,201111:13 AM
To: Legals NDN
Subject: DOA-PL2010-274, Heritage Bay DR!
Legals,
Please advertise the following attached ad on Fridav. Julv 1. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
NOTICE OF INTENT TO CONSIDER RESOLUTION 17 C
Notice is hereby given that on Tuesday, July 26. '20ll.in theB~oardroomj 3rd
Floor, AdmJnlrtratfon Building, Collier CourltyGovernment Ce~nter. 3299 East Ta-
miami Tti)il,. Naf:tles. Florida, the Board of County ComlnisslaneF:s Will consider the
enactment of'1D.evElopmentOr'd~r Amendment, The m~tlng "",1ft ~ommence at
9:00.AM. The titl.eaf the proposed Development OrdellResolutton is as follovvs:
A RESOLUTION ~AMENOINGDEVE10PMENTOR()ER 03..01, HERITAGE BAY. A bEVEL..
OPMENTQFREG10NAlIMPACT, PROVIDING FOB SECTION ONE: ADDITION OF
BUILbolJT DATE AND EXTENSION ClFE.XPIRATION DATE; SECTION TVVOi FINDIN.GS
OF FAq; SECTION TH REE: _CONCLtJSIO~S OF LAW; SECTION FOUR: EFFECT OF PRE-
VIOUSLY ISSUED QEVElOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVJDING
AN EFFECTIVE DATE. THE PROPERTY IS LOCATEDfN SECTIONS 13, 141 23 AND 14,
TOWNSHIP 48, SQUTH. RANGE 2Ei EAST. IN COLLIER COUNTY. FLORIDA.
Copies oftheprqposed R.esolutionareotlfHe vvith the Clerk to the Board and are'
available lor imspedl0n, All interested parties are imrited to attend and be heard.
NOTE: AHp@f'sonswishing to~ speak on any agenda item.fT1ust regi~erwiththe
CQUnty admir1i&lratQLpriorto presentation of the ~9~encla Item tobe<aqdressed. in-
dividual speakers vvUI be.limltedto 3. minutes on any item. The selection of an indi-
vicf~al to speak on peh~lfof an organtzation orgroQP isencour~ged.lf' rec.og.nized
by the Chairman, a5pokespi:;!~QJl for a group or or9aniz~tion1Tiay beaUotted 10
minu.tes tos-peak on a"rl item.
P~r~on5 WIshing to have. wrltten or gr~phic materials jnduded rn the Board agenda
pa(k.e~ts must submit said mCltsrial a milllmumof3 weeks prior to the respective
public he~rlng, In any <;ase. written materials jntend~d to bec;onsidered by the
B~and shpll besl.;lbmrtt~d totheapp~oprrate~ounty sta~ a minImum .of seven da~s
PrJ.or to the publIC heanng. All mater.lal. used In presentations before t)..,e Board Will
become a permanent part of the record.
Any perso'1who deddesto appeal a dedsion'of the 60ardwHl need a record of the
proceiedings pertalningther~1p and t1~refore. may needt.o enSUre that a verbatim
record of the proceedings is r:nade( which record includes the -testi:mony and evi-
dent;e upon which the appeal IS ba.seq.
If you ~re ap.~Jsonwitha disability who needs any accommodation .in order t9 par-
tidp<[te in ,this proceeding; you are entitl~d,at -no cost,t.Q,YOu. to .the provlsJon of
cert. 3..In..asslstance, .PI~ase contact.... tht:...col.her countyJacll.ltl~. . .Manage. men.tDepart~
ment, located at 33.35 TamJaml Trail East, BuildIng W,Naples. Florida 34112. (239}
2S2-8380.Assistedlistening o. evkes for the hearing impaired are available in the
County CommlSSlon~r.51 Office"
. ~
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED COYLE. CHAIRMAN
DVVIGHT E. BROCK,.CLERK
By: M.artha Vergara, Deputy Clerk
(SEAL)
July t 2011
No1907310
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on Julyl,2011
time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
'Z"be""
( Signature of affiant)Y
Sworn to and subscribed before me
This 6th day of July, 2011
,\\111"'t,
"~~.,,y Pu/(", KAROL E KANGAS
~~ . . 'b'";.
a. .. : . E Notary Public. Slale of Florida
~"). ~~ My Comm. Expires Jul 29. 2013
"';;;f,OF "o,~f-"" Commission # DD 912237
'H""
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Horta OF INTENT TO CONSIDER RESOLUTION
NeStic\! Is he{flby!liVenthat on T~ay, July 26,..2011. In the Bilardroom, 3rd
FloQr, A. i:Iministrat.'QnBI.i!kllng., , C.ollle.r County GoVernment .Ce\I&r..3299 J:1Sl.T.
miaMi :Trail. Na\)les,Florlda.tlle' BOllrd of Cilunty CommissiOners will consider the
enactment of a' Development Order Amendme~ The meeting. will commence at
9:~A.tYI.Thetitle.of ~ pro~ pev.lopment. der~esolu1lorils as fo!lows:
,. " . '. . -"-"'1.,. . '.
If>... NG DEVE.LOPMEN'T QRDER..03-o1, HERITAGE ~Y, A DEV.EL.
o :. :f IMPA(;:t . PROVIDING' .fOR' SKTlON ONE: ADDtnON OF
B . /Ii, 'EXTENSIOIlOFtXPIMnONOATE;iECTlONlWO:.FINDINGS
OF FACT;. sliQlON . THUE: ~ONCWSIONS OF I.AW; SECTION FOUR: Ef'FECT OF PRE-
viOUSLY ISSUED DEI!E\<Ol'MENT' ORDER, TRANSMrrr AL TO DCA; AND PROVIDING
AN EFFECTIVE 'DAti;. THE PROPERlY IS LOCATED IN SECTIONS 13, t4, 23 AND 24,
TOWNSHIP 48 ~. flANGE 26 EAST, IN COLL1E1t COUNTY. FLORIOA. .,. .
Copies qftl;le,p~t.i ~OJI a~. on fi~witt. the CIetk to th\! Board and are
llvailableror'inspilCtlon.AII interl!stetj jlarties are invited to attend and be heard.
." ',:' "",'. ...,.... \
NO. TE:. All. PerSons, W.' ishlrlgto :spaalt con. any. a. genda .item must Tegiste; w. ith the
County admlnistt;ltor 'prior.t~ ~Ion of the agenda item to tie addressed. In-
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vidual ~ ~k on behalf of an ll'9lln1za,tlon pr .!tA)!lP Is ellCQuraged. If ret;ognlZed
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If you are a pl!11OlI with a disability who needs any acconlmodation In .order to par-
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County Commisslllriefs',()ffICI!. , . . " ,'.' "
BOARD OFt:ouN'tYcor.W~ERS
COWER COUNTY,.FLOIlIQA
FRED COYLE, CHAIRMAN
DWIGH1;E:BRClCK; cl~K
By: Martha Ver.gpa;.DY..'utyCI~rk
(SEAL) . c." ,
lulv 1 '011
Nn1f;N')7l10
17C
· 1_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
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exceotion of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig GMD Planning & CkJ 1 )(pIli
Regulation/Operations
2. UV
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County ~ -:t/1~1,(
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
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information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Kay Deselem
Contact
Agenda Date Item was July 26, 2011
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
Number of Original
Documents Attached
252-2931
17.C
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(Initial)
N/A (Not
A licable)
~
.t). '2P\\
1.
INSTRUCTIONS & CHECKLIST
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tf:O
tf:O
tf:O
tf:O
tf:O
tf:O
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17 C ..
DEVELOPMENT ORDER NO. 2011-~
RESOLUTION NO. 2011---12)
A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01,
HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT,
PROVIDING FOR SECTION ONE: ADDITION OF BUILD OUT DATE
AND EXTENSION OF EXPIRATION DATE; SECTION TWO:
FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW;
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITT AL TO DCA; AND
PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED
IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26
EAST IN COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 03-01 (the "Development Order") by Resolution 03-255 on July 27, 2003,
which approved a Development of Regional Impact (DRI) known as Heritage Bay DRI; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2009, a three-year and two-year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on June 22, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011-139, Laws of
Florida to further extend the projected buildout date and expiration date of the DRI; and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar
Homes, LLC and Pulte Home Corporation, petitioned the Board of County Commissioners of
Collier County, Florida to amend the Development Order by setting a buildout date and
extending the expiration date; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7,2011; and
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 7/07/11 lof5
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WHEREAS, on July 26, 2011, the Board of County Commissioners, having considered
application of proposed changes to the Development Order and the record made at said hearing,
and having considered the record of the documentary and oral evidence presented to the Collier
County Planning Commission, and report and recommendation of the Collier County Planning
Commission, the report and recommendation of the Collier County Planning Staff and Advisory
Boards, the Board of County Commissioners of Collier County hereby approves the following
Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 03-01
Conclusions of Law, Section 2 (FOLLOWING GENERAL CONSIDERATIONS 15.G.)
of Development Order 03-01 is hereby amended to read as follows:
2. This development order shall remain in effect for fifteen (15) years from the
date it becomes final and effective, until September 10, 2032. The buildout
date for the development shall be December 30,2023.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Heritage Bay DRI, which is the subject of
the proposed amendment, consists of approximately 2,562 acres, is legally described as set forth
in Exhibit "A", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19)( e) 1., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as required by Section 380. 06(19)( e) 1. This
Section also provides "A Notice of Proposed Change ... that involves an extension of the
buildout date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of f(3) and is not subject to a determination pursuant to
subparagraph f(5)."
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 7/07/11 2 of 5
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C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in April, 2011 that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
F. A summary of the buildout dates and expiration dates is as follows:
Buildout Expiration
Original Date 12/2009 (in ADA) 9/12/2018
2007 Extension - 3 years 12/2012 9/12/2021
380.06(19)(c), F.S.
2009 Extension - 2 years 12/2014 9/12/2023
Senate Bill 360
2011 Extension - 4 years 12/2018 9/12/2027
380.06(19)(c), F.S.
Proposed 4 years 364 days 12/2023 9/1 0/2032
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
require further development-of-regional-impact review.
B. The proposed changes to the previously approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 7/07 II I 3 of 5
17C ~
D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06(19)(c) which provides... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e)1, it is not subject to the public hearing requirements of
380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITT AL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03-01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and favorable vote.
Done this 26th day of July, 2011.
~..-'" n, ";j~,,;~,,>:.;,
ATTEST ,..,.. BuHiD "
D~~~#t'E~'BROqk"C~~RK
. -b . .....:;;1'...
....J, -;
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A ..~'~'~,Q; .' .
......../"'. ~.i'.J;..~
BY '1uJ- w. ~
FRED W. COYLE, Chairm
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL20 1 0-274
Revised 7/07/11 4 of 5
17C '.
Approved as to form
and legal sufficiency:
t1 rt /~ClD ~~~\l
Heidi Ashton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachment: Exhibit A - Legal Description
CP/1 O-CPS-OI015\37
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 7/07/11 5 of 5
17C
WilsqnMi/ler
New Oireclions In Planning. Design & Engineering
RECEIVED
AUG 1 9 2003
EXHIBIT A
LEGAL DESCRIPTION
HERITAGE BAY
COlliER COUNTY, FLORIDA
Sections 13, 14,23 and 24, Less the South 100 feet of Sections 23 and 24, Township 48 South, Range 26
East, Collier County, Florida.
Containing 2562.3 acres, more or less.
Prepared by:
Wl/son/ll'Ie,. '''''n
W;~_.
Rashford, Pr.:)'; s'!iir.~nal Surveyor & Mapper
egistratior. I-I\). LS6305
See attached SUM.'Y.
Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
P.I.N.: N0442-00S-000-FLS1A, Ref.: 5L.242, Date: August 5. 2003
Napl.. F.rt My.'. S.,...'. T.mpa T."."..."" Pllnllmll City B"lIch
4571 Colonial Boulevard. Suile 100 ForI Myers. Florida 33912 239-939-102011 239.939-7479 ,:'.@
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