Resolution 2003-255
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RESOLUTION NO. 03- 255
DEVELOPMENT ORDER NO. 03-.il.L-
A DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
FOR HERITAGE BAY, A DEVELOPMENT OF REGIONAL
IMPACT LOCATED IN SECTIONS 13, 14, 23, AND 24,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
WHEREAS, on November 27, 2000, US Home Corporation, (herein "Developer"), in
accordance with Subsection 380.06(6), Florida Statutes (2002), filed an Application for
Development Approval of a Development of Regional Impact (DRI) known as Heritage Bay
with Collier County and the Southwest Florida Regional Planning Council (SWFRPC); and
WHEREAS, the Developer has obtained all necessary approvals from Collier County
agencies, departments, and boards required as a condition of approval for Planned Unit
Development (PUD) zoning and DR] approvals; and
WHEREAS, the Board of County Commissioners as the governing body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida
Statutes, is authorized and empowered to consider the Application for Development Approval
(ADA) for the Heritage Bay DRI; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes and the
Collier County Land Development Code (LDC), which includes the County's Zoning Ordinance
have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)
and held a public hearing to consider the ADA on July, 17,2003; and
WHEREAS, the Board of County Commissioners has passed Ordinance Number 03-40
on July 29, 2003, which rezoned the subject property to PUD; and
WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida
Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other
development permits consistent herewith by the County or State; and
WHEREAS, on July 29, 2003, the Board of County Commissioners, at an open public
hearing in accordance with Section 380.06, Florida Statutes, having considered the ADA for the
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Heritage Bay DRI submitted by Developer; the report and recommendations of the SWFRPC;
the record of the documentary and oral evidence presented to the Collier County Planning
Commission; the report and recommendations of the Collier County Planning Commission; the
recommendations of Collier County staff and advisory boards; and the record made at said
hearing, makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. The real property constituting the Heritage Bay DRI and which is the subject of
the ADA, consists of approximately, 2,562 acres, and is legally described as set forth in Exhibit
"A" attached hereto.
2. The application is consistent with Subsection 380.06(6), Florida Statutes.
3. The Developer submitted to the County an ADA and sufficiency responses,
hereby referred to as composite Exhibit "B", which by reference thereto is made a part hereof to
the extent that it is not inconsistent with the terms and conditions of this development order.
4. The Developer proposes development of the Heritage Bay Development of
Regional Impact, as shown on the Master Concept Plan attached hereto as Exhibit "C", which
shall include the following:
A. 3,450 residential dwelling units;
B. Up to 200 assisted Jiving facility (ALF) units;
C. A total of 230,000 square feet of commercial uses depicted on the
Master Concept Plan as follows:
I. A Commercial Activity Center containing 150,000 square
feet of gross floor arca (OF A) of retail use, and 50,000
square feet of OF A of office use;
2. Village Centers containing a total of up to 30,000 squarc
feet of OF A of office commcrcial use;
D. 1,137 acres of lakes, recreation, open space, buffers, and 54 holes
of golf course;
E. 863 acres of conservation and preserve area;
F. 7.73 acres of governmental uses (County satellite facilities
including offices for constitutional officers, fire and emergency
medical services, wcll site and utility pump station).
5. The development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. A comprehensive review of the regional and local impact generatcd by the
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development has been conducted by the appropriate County departments and agencies and by the
SWFRPC.
7. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.05, Florida Statutcs, as amended.
8. The developmcnt is consistent with the current land development regulations and
the Growth Management Plan (GMP) of Collier County, as amended, adopted pursuant to
Chapter 163, Part II, Florida Statutes.
9. The Heritage Bay DRI is consistent with the Statc Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. AFFORDABLE HOUSING
A. The Developer shall construct on-site on the lands designated "AC/R3" on
the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse
units to be offered for sale to persons meeting the Collier County affordable housing guidelines
for 80% moderate income level for a period beginning with the date of issuance of the building
permit for each building containing said townhouse units, and continuing for six (6) months
thereafter, or for 30 days after the Certificate of Occupancy for each building containing said
townhouse units is issued, whichcver is later. Also, for a time period extending from the date of
the issuance of the Certificate of Occupancy, the Developer shall otfer the remaining unsold
units to the County. or its designce, for purchase for a period of 45 days after which time any
unsold unit may be sold at market rates.
B. The Developer shall donate $475,000 to Habitat for Humanity of Collier
County ("Habitat"). The donation represents one-half of the purchase price of 10 acrcs of land
currently under contract by Habitat and located just south of Immokalee Road and generally east
of County Road 951. The donation shall occur within 120 days of the final approval of the
PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods
without an appeal being filed.
C. Prior to the issuance of the final Certificatc of Occupancy for the
development the Developer shall have all the affordable housing units on-site completed and
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available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to
coincide with the development of other residential dwelling units in the project.
D. If the Developer constructs less than 190 affordable housing townhouse
units on-site, for each unit less than the maximum of 190, the Developer shall donate the sum of
$10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are
constructed on-site, the Developer would donate $100,000.00 to Habitat, which represcnts 10
units times $10,000.
E. At any time in the future, should the Developer rcquest an extension to
the approved build-out date for the project, the Developer shall re-examinc the housing needs of
the project and provide an updated re-analysis of the affordable housing required. The
Developer shall use the methodology in use at the time of the re-analysis by SWFRPC, the
Florida Department of Community Affairs, and Collier County. Any future mitigation
requirements that are caused as a result of the re-analysis shall be consistent with the options
listed in Rule 9J-2.048 of the Florida Administrative Code.
2. ENERGY
The Heritage Bay DRI shall incorporate the following energy conservation
features:
A. Provision of a combination bicycle/pedestrian system connecting all land
uses, to be placed along arterial and collector roads within the project. This system will be
consistent with local government requirements approved in the PUD.
B. Provision of bicycle racks or bicycle storage facilities in recreational,
commercial, and multi-family residential areas.
C. Cooperation with Collier County in the locating of bus stops, shclters, and
other passenger and system accommodations for any future public transit system to scrve the
project area.
D. Developer shall encourage builders:
I. To use energy-efficient features in window design; and
2. To use opcrable windows and ceiling fans; and
3. To install energy-efficicnt appliances and equipment; and
4. To include porch/patio areas in residential units.
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E. Prohibition of deed restrictions, covenants, and design guidelines that
would prevent or unnecessarily hamper energy conservation efforts.
F. Reduced coverage by asphalt, concrete, rock, and similar substances in
streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat.
G. Installation of energy-efficient lighting for streets, parking areas,
recreation areas, and other interior and exterior public areas.
H. Use of water closets with a maximum flush of 3.5 gallons and shower
heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure
per square inch).
1. Selection of native plants, trees, and other vegetation and landscape design
features that reduce the requirements for water, fertilizer, maintenance, and other needs.
J. Planting of native shade trees for each residential unit.
K. Planting of native shade trees to provide reasonable shade for all
recreation areas, streets, and parking areas.
L. Placement of trees to provide needed shade in the warmer months while
not overly reducing the benefits of sunlight in the cooler months.
M. Orientation of structures, as possible, to reduce solar heat gain by wal1s
and to utilize the natural cooling effects of the wind.
N. Provision for structural shading wherevcr practical when natural shading
cannot be used effectively.
O. Consideration by the project architectural review committec(s) of energy
conservation measures (both those noted here and others) to assist builders and residents in their
efforts to achieve greater energy efficiency in the development.
3. HISTORICAL/ARCHAEOLOGICAL
A. Any significant archaeological sites discovered within the Heritage Bay
development shall be preserved in perpetuity and shall be recorded as "preserve area" on al1
appropriate plats, site plans, and the Master Concept Plan for the Heritage Bay DRl.
B. In areas where archaeological sites have been discovered in the vicinity of
proposed development, a buffer or conservation easement averaging 25 fect in width, or
equivalent protections, such as temporary fencing or other structural barriers, shal1 be provided
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or constructed around the archaeological sites. Any exotic foliage removal within these areas
shall be by hand and not by mechanical means.
C. The Dcveloper shall support registration of any significant archaeological
sites in the National Register of Historic Places.
D. The Developer shall cooperate with the Division of Historical Resources
(DHR) investigation of any historical or archeological sites that have been discovered by
allowing access to such sites by properly credentialed investigators, whenever such access can bc
reasonably accommodated.
E. If any additional archaeologicallhistorical sites are discovered during the
development activities, all work in the immediate vicinity of such sites shall cease immediately,
and the Developer shall contact DHR, SWFRPC, and Collier County so that a state-certified
archaeologist can determine the significance of the findings and recommend appropriate
preservation and mitigation actions, as necessary.
F. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Historical and Archaeological Sites are hereby
incorporated by refcrence to the extent they are consistent with Paragraphs A-E above.
4. HURRICANE EV ACUATIONIFLOODPLAINS
A. All deeds to property located within the Heritage Bay development shall
be accompanied by a disclosure statement in the form of a covenant stating that the property is
located in an area potentially subject to hurricane impacts, that the hurricane evacuation
clearance time for Collier County or the Southwest Florida Region is high, and hurricane shelter
spaces are limited.
B. The Developer, or the proposed homeowners' association, shall establish
and maintain a public information program for purposes of educating the residents of the
development regarding the potential hurricane threat, the need for timely evacuation in the event
of an impending hurricane, the availability and location of hurricane shelters and evacuation
routes, and the identification of steps to take to minimize property damage and to protect human
life.
The Developer shall develop a continuing hurricane awareness program and a hurricanc
evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the
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following items:
I. Operational procedures for the warning and notification of all residents
and visitors prior to and during a hurricane watch and warning period; and
2. A public awareness program which addresses vulnerability, hurricane
evacuation, hurricane shelter alternatives including hotels, staying with
friends and the locations of hurricane shelters, and other protective actions
which may be specific to the development; and
3. Identification of the entity responsible for implementing the plan.
The final plan shall be submitted to reviewing agencies for a sufficiency finding and shall
address the recommendations provided by the reviewing agencies; or alternatively, the
Developer shall commit to provide funds to be used for the purpose of procuring
communications equipment which would upgrade the existing warning and notification
capability of local emergency management officials. The Developer shall provide reasonable
assurance to the local emergency management officials regarding the ability of such equipment
to reduce the hurricane evacuation impacts of the development.
C. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane
Preparedness), and not in conflict with the above recommendations, are incorporated into the
Development Order as conditions for approval.
5. STORMW A TER MANAGEMENT
A. The Heritage Bay DRI shall require an Environmental Resource Permit
(ERP), for conceptual approval and for construction and operation of the surface water
management system for the proposed development. The project may also requirc a Water Use
Permit for certain dewatering activities proposed for the construction of project lakes and/or road
or building foundations and for the construction of the proposed outfall structures/bridges within
the Cocohatchee Canal Right-of-way. The Developer shall provide vcrification that the
proposed surface water management system design will meet South Florida Water Managcment
District ("District") criteria in effect at the time of permit application.
B. If the proposed surface water management lakes are designed as detention
lakes, the location and sizing of the control structures will be required during the ERP
application review process.
C. Loss of historic floodplain storage, net basin storage and passage of
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upstream flows associated with the proposed development shall be addressed during the ERP
application review process.
D. The control elevations provided in the ADA shall be verified during the
ERP application review process.
E. Pursuant to the Basis of Review (BOR), all commercial areas shall be
required to provide 1/2 inch of dry pretreatment.
F. As part of the ERP review process, the Developer shall demonstrate that
the water quality detention time is not bcing adversely affected by the introduction of off-site
flows.
G. The golf course maintenance facility will contain pesticidcs, fungicidcs,
herbicides, gasoline, and other hazardous materials. The maintenance facility shall mect the
appropriate permitting criteria for hazardous waste materials as outlined in the Florida
Administrative Code and by Collier County. In addition, 1/2 inch of dry pretreatment will be
required for the maintenance field site.
H. District staff shall obtain access through the site to get to District-owned
property located north of the project site. The details of the proposed access routc/authorization
shall be developed during the ERP application review process.
1. All existing on-site wetlands shall be preserved and enhanccd as required
by the United States Army Corp of Engineers (USACOE) and the Florida Departmcnt of
Environmental Protection (FDEP) permits.
J. All internal stormwater management lakes and ditches and anyon-site
preserved/enhanced wetland areas, shall be set asidc as private drainage and/or conservation
easements on the recorded final plat. Stormwater lakes shall includc, where practical, adequate
maintenance easements around the lakes with access to a paved roadway.
K. The use of Best Management Practices, as required by the District, in the
design and construction of water management systems, shall produce a post developmcnt water
quality which shall be the same, or bettcr, than pre-development water quality conditions.
L. Best Management Practices for water quality shall be included on
construction plans for the development and shall bc submitted to Collier County for review and
approval.
M. During construction activities, the Developer shall employ Best
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Management Practices for erosion and sedimentation control. Such practices shall be outlined in
all construction plans and shall be subject to approval by thc appropriate agencies prior to their
implementation.
N. Any construction period silt barriers, or hay bales, and any anchor soil, as
well as accumulated silt, shall be removed upon completion of construction. Either the
Developer, or the entities responsible for the specific construction activities requiring these
measures, shall assume responsibility for having the material removed upon completion of
construction.
O. The Heritage Bay water management system is conceptually designed to
pass the 150 cubic feet per second (cfs) of water needed to meet the 500 cfs goal for the
Cocohatchee East segment of the Cocohatchee Flowway. The goal shall be considered to be met
when the 150 cfs from the Heritage Bay developmcnt is combined with the 350 cfs passed
through the Twin Eaglcs development.
P. The proposed water management system shall be designed to provide
water quality enhancements and water storage for the Immokalee Road canal system by
attenuating off-site flows through the project.
Q. The Developer shall conduct annual inspections of the Heritage Bay
Master Stormwater Management System and any preserved/enhanced wetland areas on the
project site so as to ensure that these areas are maintained in accordance with the final approved
designs and that the water management system is capable of accomplishing the level of
stormwater storage and treatment for which it was intcnded.
R. The proposed surface water management system is designed to detain run-
off volumes for extended periods of time. This increasc in hydroperiod will enhance native plant
communities. Vegetation transects and groundwater-monitoring wells shall be established and
shall be monitored to evaluate any adverse impacts to the on-site wetland and upland vegetative
communities.
S. The Developer shall confirm, to the satisfaction of all applicable federal,
state, local review agencies, and the District, that the proposed stormwater management system
will not impact the habitats of any state or federally listed plant and/or animal species potentially
occurring on-site, or that such impacts shall be mitigated to the benefit of on-site populations of
those species.
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T. The Developer, his successors or assigns, shall undertake a regularly
scheduled vacuum sweeping of all common streets and parking areas within the development.
The Developer shall encourage any private parcel owners within the development to institute
regularly scheduled vacuum sweeping of their respective streets and/or parking areas.
U. The Developer shall participate in any ongoing, or future efforts, by
Collier County to establish a countywide stormwater management system to the extent not
inconsistent with this Resolution or the Heritage Bay PUD.
V. Ditch and swale slopes shall be designed to minimize discharges so that
these facilities may provide some additional water quality treatment prior to discharge.
Treatment swales shall be planted with grass.
W. The grassed stormwater treatment areas shall be mowed on a regular basis
as part of the normal lawn maintenance of the developmcnt. Any debris that may accumulatc in
project lakes, ditches or swales, or which may interfere with the normal flow of water through
discharge structures and under drain systems, shal1 be cleaned from the detention/retention areas
on a regular basis. Any erosion of the banks of project lakes, ditches or swales shal1 be replaced
immediately.
X. Under-drain systems and grease baffies, if utilized within the Heritage Bay
DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the
period between such inspections exceed eighteen months.
Y. Stormwater management system maintenance requirements shall include
the removal of any mosquito-productive nuisance plant species or invasive cxotics (e.g., water
lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches and
percolation basins, as wel1 as from lake littoral zones employed in thc system.
Z. To the extent consistent with applicable stormwater management system
and environment regulations, any isolated wading bird pools constructed in lake littoral zones
shal1 be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such
as gambusia affinis.
AA. It is anticipated that a Master Homeowners' Association or Community
Development District will operate and maintain the project's storm water management system.
BB. Al1 commitments made by the Developer within the ADA, and subsequent
sufficiency round information, related to Question 10 (Gencral Project Description) and Question
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19 (Stormwater Management), and not in conflict with the above recommendations, are
incorporated in this development order as conditions for approval.
6. TRANSPORTATION
A. The Developer, or its successor or assigns, shall be fully responsible for
site related roadway and intersection improvements required within the Heritage Bay DRI,
including those along Jmmokalee Road and on the future CR 951 Extension, if constructed. As
shown on the Heritage Bay Master Concept Plan, these site-related improvements include four
(4) access points on Immokalee Road and two (2) access points on either the future CR 951
Extension, if constructed, or an extension of CR 951 for the purpose of providing access to
properties north of Immokalee Road. The site-related improvements on the future CR 951
Extension are limited to turn lanes at the project entrances and, if needed, a two-lane urban
arterial cross-section road built on-site within the future CR 95 J Extension right-of-way from the
full access entrancc located about onc-half mile north of Immokalee Road to the Immokalee
RoadlCR 951 intersection, as provided in Transportation Paragraph 6.E.2.
B. The Developer, or its successor or assignee, shall make adequate
commitments to provide the necessary transportation improvements, including design and
engineering, utility relocation, right-of-way acquisition, construction, construction contract
administration and construction inspection necessary to maintain the adopted level of service for
the following significantly impacted regional roadways:
Roadway From To Improvement
Immokalee Road 1-75 Executive Drive Widen to 6 Lancs
Immokalee Road C.R. 951 (Collier Project's Eastern Widen to 6 Lanes
Blvd.) Entrance
C.R. 951 (Collier Blvd.) Golden Gate Blvd. Pine Ridge Road Widen to 6 Lanes
C. The Developer, or its successor or assignee, shall make adequate
commitments to provide the necessary improvements including, but not limited to, rights-of-way,
costs of signalization, turn lanes, and other improvements deemed necessary by Collier County
to maintain the adopted level of service of the following significantly impacted intcrsections
through buildout:
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Intersection
Immokalee Road/Airport-Pulling Road
Immokalee Road/Oaks Boulevard
Immokalee Road/Collier Boulevard
Immokalee Road/Project Driveway I
Immokalee Road/Project Driveway 2
Immokalee Road/Project Driveway 3
Immokalee Road/Project Driveway 4
Collier Blvd.lVanderbilt Beach Road
Collier Blvd.lGolden Gate Blvd.
Collier Blvd.lPine Ridge Road
Collier Blvd.lGrecn Blvd.
Collier Blvd.lGolden Gate Parkway
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Estimated Improvement
Signal Timing
Turn lanes/Signal Timing
Westbound Dual Left-Turn Lane
Eastbound Dual Left-Turn Lane
Eastbound Through Lane
Westbound Through Lane
Northbound Dual Left-Turn Lane
Northbound Dual Right-Turn Lane
Signal Timing
Eastbound Left. Turn Lane
Westbound Right-Turn Lane
Southbound Right-Turn Lane
Eastbound Dual Left-Turn Lane
Westbound Right-Turn Lane
Southbound Left Through Lane
Southbound Right-Turn Lane
Signal at Warrant
Eastbound Left. Turn Lane
Westbound Right-Turn Lanc
Southbound Left-Turn Through
Right-Turn Lane
Signal at Warrant
Eastbound Left-Turn Lane
Westbound Right-Turn Lane
Southbound Left. Turn Lane
Southbound Right-Turn Lane
Signal at Warrant
Eastbound Right-Turn Lane
Eastbound Dual Left-Turn Lane
Westbound Left-Turn Lane
Westbound Right-Turn Lane
Northbound Dual Left-Turn Lane
Northbound Right-Turn Lane
Signal Timing
Westbound Dual Left-Turn Lane
Northbound Dual Right-Turn Lane
Southbound Dual Lcft- Turn Lane
Signal Timing
Eastbound Dual Left-Turn Lane
Westbound Dual Left-Turn Lane
Northbound Dual Left-Turn Lane
Southbound Dual Left-Turn Lane
Signal Timing
Signal Timing
Eastbound Dual Left-Turn Lane
Signal Timing
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D. Improvements to the facilities outlined in Paragraphs 6.B and 6.C. above
shall be made at the time that a road segment or intersection is expected to operate below the
level of service standard adopted in the Collier County GMP, or shall be programmed for
construction within three years of that time. If the road segment or intersection is not operating
at the County's adoptcd level of service standard and the Heritage Bay DRI is contributing five
percent (5.0%) or more of the service volume at that standard, then no building permits shall be
issued unless the improvements are: a) complete, b) under construction, c) the subject of a
clearly identified, executcd and recorded local government development agreement, consistent
with Sections 163.3220 through 163.3423, Florida Statutes, ensuring completion concurrent with
the impacts of development; d) the subject of a binding commitment from Collier County
ensuring completion concurrent with the impacts of development, incorporated into the
development order; e) the subject of a binding commitment by the County in the first three years
of the Capital Improvements Schedule of the Capital Improvements Element (CIE); or f) the
subject of a binding and enforceable commitment by the Developer to provide the improvement
concurrent with impacts of development. Any combination of the above, which ensures that the
improvement is made is also acceptable, provided the SWFRPC, Collier County, and DCA agree
that the combination meets the intent of the DCA transportation uniform standards rule.
As an alternative to this requirement, the Developer may pay a proportionate
share contribution, calculated consistent with the formula in Rule 9J-2.045(l )(h), Florida
Administrative Code, to Collier County for the improvements(s). The proportionate share
payment shall be applied to the construction of onc or more of the significantly impacted
improvements listed under Paragraphs 6.B. and 6.C. above, or some reasonable alternatives,
which, if constructed, will reduce traffic volumes on one or more of the listed intersections,
roadways or roadway segments. A portion of, or all of, the Developer's proportionate share
contribution shall be provided through the Developer's payment of Collier County road impact
fees. No additional building permits for the Heritage Bay development shall be issued unless the
proportionate share contribution is received by the County and there is a commitment to use the
contribution for the construction of needed transportation improvements. Any delay in payment
or change of the proportionate share payment shall require a re-analysis of the payment amount
utilizing the Notice of Proposed Change process for ORIs.
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Bascd on the formula in Rule 9J-2.045(1)(h), Florida Administrative Code, the
Developer's proportionate share of the costs for needed improvements identified in Paragraphs
6.B. and 6.C. above, has been estimated to be Five-Million-Nine-Hundred-Thousand Dollars
($5,900,000). This amount is well below the anticipated road impact fee payments for the
Heritage Bay development which have been estimated to be Sixteen-Million- Two-Hundred-
Thousand Dollars ($16,200,000). Therefore, the Developer's overall contribution for mitigation
of transportation impacts has been determined to be Sixteen-Million-Two-Hundred-Thousand
Dollars ($16,200,000), which is the higher amount of either the Heritage Bay DRI proportionate
share calculation or the Heritage Bay anticipated road impact fee payments.
The estimated amount of road impact fees for the Heritage Bay DRI of Sixteen-
MiIlion-Two-Hundred-Thousand Dollars ($16,200,000), is based on the current Collier County
Road Impact Fee Schedulc. Pursuant to the Collier County Impact Fee Ordinance, the Developer
may conduct an independent fee calculation study to demonstrate lower trip generation rates for
the residential development of the Heritage Bay DR!. Such an independent fee calculation study
is subject to review and approval by Collier County. Even with such an indepcndent fee
calculation study, the road impact fees for the Heritage Bay development will be greater than its
proportionate share of Five-Million-Nine-Hundred-Thousand Dollars ($5,900,000). The
payment of road impact fees utilizing the independent fee calculation study, if approved by
Collier County, will represent, and be accepted by Collier County in lieu of the proportionate
share contribution referenced above unless the annual traffic monitoring report indicates that a
substantial deviation has occurred and the DRI proportionate share amount is greatcr than above
the road impact fees amount. If Collier County does not accept the methodology utilized in the
study and therefore does not approve the reduced fees as a result of the independcnt fee
calculation study, then the County's current Road Impact Fee Schedule shall apply unless the
Developer successfully appeals the County's rejection of the independent fee calculation study.
E. The Developer and the County mutually agree to the following additional
transportation conditions of approval for the Heritage Bay DR!:
I. The Developer shall dedicate a 100 foot right-of-way along the
western boundary of the Heritage Bay property from the southwcst
corner of the property north to the conservation/preserve area
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(approximately the mid-point of Section 14), which is a distance of
approximately 1.5 miles, to the County, without rcceiving impact
fee credits. This dedication shall occur within the time frames
established by Subsection 2.2.20.3.7. of the Collier County Land
Development Code (LDC).
2. If the County acquires the needed right-of-way at the intersection
of County Road 951 and Immokalee Road that is not owned or
controlled by the Devcloper, the Developer shall construct a 2-lane
access road within the 100 foot dedicated right-of-way for a
distance of 1/2 mile from said intersection. No impact fee credits
shall be available for said construction. The Developer shall
construct the 2-lane access road to arterial standards within a
multi-lane urban arterial cross section, to bc used as part of the
future CR 951 Extension, if that extension is constructed.
3. Within 45 days of the County's issuance of a Notice to Proceed on
the construction contract to widen Immokalee Road to 6 lanes
between Interstate 75 and the eastern boundary of the Heritage Bay
project, the Developer will prepay to the County Five Million
Dollars ($5,000,000) of the Hcritage Bay road impact fees due for
the project. This payment is for thc purpose of advancing the 6-
laning of Immokalee Road from I-75 to Collier Boulevard and
from Collier Boulevard to the eastern boundary of the Heritage
Bay project. In exchange for this prepayment, Collier County
agrees to: (a) modify the Immokalee Road construction project east
of Collier Boulevard (Project #60018), and (b) advance the
construction of the 6-laning of Immokalee Road from I-75 to
Collier Boulevard to the year 2006, unless unforeseen
circumstances make it impractical to meet this schedule. In this
event, construction will begin as soon as possible thereafter.
4. This road impact fee prepayment of Five Million Dollars
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($5,000,000) shall be applied as the first 50% payment required
under Division 3.15 of the LDC, the County's concurrency
management regulations in order to vest dwelling units. The exact
number of dwelling units to be vested shall be determined by
applying the advance Fivc Million Dollars ($5,000,000) impact fee
payment as one-half of the impact fees that are due for the number
of multi-family and single family dwelling units that are to be
vested (with the mix to be determined by the Developer).
5. The Developer shall not request a full median opcning on
Immokalee Road, nor on County Road 951, any closer than 1/2
mile from the intersection of said roadways. A right-in and right-
out access may be constructed on either or both of these roadways
within that 1/2 mile distance at the 1/4 mile distance.
F. To determine the Heritage Bay DRI impact on regional facilities, an
annual monitoring report shall be submitted to Collier County, Florida Department of
Transportation, Florida Department of Community Affairs (DCA), and SWFRPC for review and
approval. The first monitoring report shall be submitted one year after the date of approval of
this development order. Successive reports shall be due each year thereafter on the anniversary
date of the DR! approval until the project is completed. At a minimum, the report shall contain a
summary of construction and development activities by land use category as of the date of the
monitoring report. In addition, the report shall contain p.m. peak hour trip generation estimates
and turning movements at each of the project's access points, and at the off-site intersections
listed in Paragraph 6.C above. The report shall also provide a calculation of the existing levels
of service for the roadway facilities listed in Paragraphs 6.B and 6.C abovc. An estimate of the
level of development expected to be added by the project for the year following the date of the
report shall be provided. The monitoring report shall identify the status of the road
improvements committed to in the DRI development order and address any deviations from the
schedule for making such roadway improvements.
G. The Developer shall promote efficient pedestrian and bicycle movement
within and between the development's components and to adjacent propertics as deemed
16
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necessary by Collier County.
H. The Developer shall promote transit service through the inclusion of bus
stops or other appropriate transit access points on its site designs, consistent with Collier County
transit plans.
1. The Dcveloper, pursuant to Paragraph 6.0. above, shall pay road impact
fees, as set forth therein and by making the additional commitments under Paragraph 6.E. above,
these commitments by the Developer represent adequate commitments for improvements to
significantly impacted regional roadways and intersections Iistcd under Paragraphs 6.B. and 6.C.
above. This commitment to mitigate the project's transportation impacts is made with the
understanding that the following conditions shall be met:
I. If annual monitoring reports lead to the conclusion that one or
more regional roadways and intersections are operating below the
adopted level of service standard and the Heritage Bay DRI is
contributing more than 5% of the adopted level of service capacity,
then further building permits shall not be granted until the
standards of the County's concurrency management system have
been met utilizing any of the alternatives set forth in this
development order.
2. The transportation impacts to the roads and intersections above
shall be appropriately addressed consistent with SWFRPC policies,
and the determination of impact fees and/or a proportionate share.
The regional road improvements shall be in accordance with a
local government development agreement entered into pursuant to
Section 163.3220, Florida Statutes. and a commitment by the
Developer and/or the local government to insure concurrency on
all significantly impacted regional roads.
3. The Developer proposes the prepayment to the County of some, or
all, of the estimated Sixteen-MiIlion- Two-Hundred-Thousand
Dollars ($16,200,000) of road impact fees for the Heritage Bay
project in accordance with a schedule of payment datcs to be
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approved by the County. To the cxtent that the Developer of the
Heritage Bay DRI prepays road impact fees, the Developer shall be
vested for that number of residcntial units and amounts of
commercial development for which the road impact fees were
prepaid; and such residential units and commercial development
shall thereafter not be subject to restrictions or moratoria that
would otherwise be applied pursuant to the County's Concurrency
Managements System adopted in its Growth Management Plan and
implementing land development regulations.
J. The Developer or its assigns shall not be entitled to receive building
permits for more than Two-Thousand-Five-Hundred-Eighty-Eight (2,588) dwelling units (which
represent Seventy-Five Percent (75%) of the total approved number of dwelling units) until the
first of the following occurs: (1) County Road 951 Extension is under construction to connect to
Bonita Beach Road for more than a half a mile north of its current terminus at Immokalee Road,
or (2) after July I, 2006 and the Lee/Collier County Project Development and Environmental
Study for County Road 951 Extension is completed and the no build option is approved by the
respective Lee and Collier County Commissions, or (3) July I, 2008. Building permits for
dwelling units which meet the County's guidelines for workforce or affordable housing are
exempt from and shall not be included in calculating the Two-Thousand-Five-Hundred-Eighty-
Eight (2,588) dwelling unit building permit limitation.
7. VEGETATION AND WlLDLIFE/WETLANDS
A. No additional impacts to the preserve areas shall be allowed as a result of
the existing excavation permit for earth mining activities.
B. The Heritagc Bay DRI is a reclamation project from an existing mining
activity. The lake excavations and littoral zone plantings shall conform to the requiremcnts of
the GMP and LDC in effcct at the time of final development order approval. The following
GMP policies and LDC regulations shall be applied to this DR!.
I. The Heritage Bay DRI shall comply with the regulations for all wet
detention ponds that are used as a part of its water management system as
identified by its South Florida Management District Environmental
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Resource Permit. Wet detention ponds are described as lakes that provide
one inch of water quality detention. Attenuation lakes are dcscribed as
lakes that provide flood attenuation, but not the required water quality
detention. Wet detention ponds or portions thereof within the urban
boundary shall have a littoral shelf with an area equal to 7% of the pond's
surface area measured at the control elevation and shal1 be planted with
native aquatic vegetation. Wet detention ponds or portions thereof outside
the urban boundary shall have a littoral shelf with an area equal to 30% of
the pond's surface area measured at the control elevation and shall be
plantcd with native aquatic vegetation. The total area of littoral plantings
shall be calculated and the planting areas shall be provided in accordance
with Division 3.5 of the LDC.
2. As an alternative to the planting or creation of littoral shelves, credit for
wetlands that are preserved above the minimum required by Policy 6.1 of
the Conservation and Coastal Management Element (CCME) of the GMP
shall be applied toward meeting littoral zone planting area requirements on
a ratio of one to one. For each acre of wetlands set aside above the
minimum requirement of Policy 6.1, one acre of littoral zone plantings
shall be subtracted from the littoral zone planting area requirements.
Policy 6.1 of the CCME requires preservation of 40% of native vegetation
present not to exceed 25% of the total area of the property. Twenty-live
percent of the total site area (2562 acres) of the project is 640 acres. This
DRi development order provides for preservation of 861 acres of the
existing native vegetation, including wetlands that have signiticant
hydrologic value. Therefore, the extra 221 acres shall be credited toward
meeting littoral zone planting area requirements.
C. Lake side slopes shall be sloped at 4:1 from control clevation to a depth of
five feet.
D. Final alignment and configuration of water management structures shall
be subject to minor Held adjustments to minimize habitat destruction.
E. In accordance with Subsection 3.2.8.4.7.3. of the LDC, principal structures
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are required to have a 25-foot setback from preserve areas and accessory structures are required
to have a 10 foot setback from preserve areas.
F. Hiking trails, pedestrian/golf cart, boardwalks, nature trails (elevated and
at grade), riding trails and other such facilities, constructed for the purpose of passage through or
enjoyment of the site's natural attributes shall be subject to review and approval by the
appropriate agencies.
G. Fencing design for roadway crossing preserves and prescrve boundaries
shall be included on applicablc plans for potential wildlife crossings.
H. The project shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FFWCC) rcgarding potential impacts to protected species on-site. A Habitat
Management Plan for any protected species existing on-site shall be submittcd to Collier County
Environmental Service Staff for review and approval prior to final site plan/construction plan
approval.
I. As required by the USACOE and FDEP permits, approximately 832.3
acres of wetlands shall be enhanced and preserved.
J. Hydroperiods of the on-site wetlands shall not be negatively altered from
that which is permitted by the USACOC and FDEP.
K. The wetlands shall be maintained free of exotic vegetation.
L. Construction best management practices shall be employed for
construction activities taking place near wetlands.
M. Five conservation areas identified on the Master Concept Plan shall be
placed in a conservation easement for protection in perpetuity. The Heritage Bay Homeowners'
Association, or a Community Development District, or other ownership entity, shall be
responsible for long-term maintenance of the conservation areas.
N. The homeowners' association documents shall include requiremcnts
prohibiting any construction activities other than for passive use within conservation areas.
O. Thc Developer shall consult with FFWCC should additional or differing
direct impacts to endangered species warrant review in accordance with Section 372.072, Florida
Statutes.
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8. WASTEWATER MANAGEMENT/WATER SUPPLY
A. The Developcr shall obtain a SFWMD water use permit for the proposed
groundwater withdrawals for landscape irrigation. The Developer shall obtain permits for
certain dewatering activities associated with the construction of lakcs, roads, and/or building
foundations, if dcemed necessary.
B. The project shall utilize ultra-low volume water use plumbing fixtures,
self-closing and/or metered water faucets, xeriscape landscaping techniques and other water
conscrving devices and/or methods. These devices and methods shall meet the criteria outlined
in the Water Conservation Plan for the public water supply permit issucd to the Collier County
Utilities Division by the SFWMD.
C. At the time of application for the SFWMD permit modification, the
Developer shall provide verification that the proposed system designs meet SFWMD criteria in
effect at the time of permit application.
D. The Developer shall obtain potable water, wastewater treatment and, non-
potablc water (treated effiuent), from thc Collier County Utilities Division, if the Division
determines that it has sufficient capacity to serve the project. Should the Utilities Division
determine that it does not have sufficicnt capacity to servc the project, the Developer shall
construct interim potable water, wastewater treatment and/or non-potable water facilities, or shall
postpone development until such time as utility service capacity is available for the project. Any
interim facilities constructed by the Devcloper shall be constructed to County utility standards,
and shall be dismantled, at the Developer's expense upon connection to the County utility
facilities. Whether potable watcr, wastewater treatment, and/or non-potable water facilitics are
provided on-site or off-site, the Devcloper shall demonstrate to Collier County that adequate
capacity to serve the development is available at the time of final site plan or final plat
submittal.
E. The Developer shall ensure that anyon-site lakes, or any wetlands,
whcther natural or man-made, and the stormwater management system are adequately buffered
from effiuent contamination.
F. Temporary septic systems may be utilized in conjunction with
construction offices, sales offices and model homes. Scptic systems shall not be allowed on-site,
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88
other than for temporary uses associated with construction offices, sales offices, and model
homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed
septic system firm when wastewater facilities (temporary or permanent) become operable.
G. All construction plans, technical specifications and plats for the proposed
water distribution and wastewater collection systems, and anyon-site treatment facilities, shall
be reviewed and approved by the Utilities Division prior to commencement of construction.
H. Design details regarding the irrigation water withdrawal facilities and an
analysis of the potential impacts associated with the proposed withdrawals shall be provided
during the water use permitting process.
\. All potable water facilities should be properly sized to meet average and
peak day domestic demand, in addition to fire flow demand, at a rate approvcd by the applicable
fire district.
J. The lowest quality of water available and acceptable shall be utilized for
all non-potable water uses. Potable watcr shall not be utilized for non-potable uses.
K. Through the payment of impact fees, property taxes, and the
implementation of the Master Concept Plan for the Heritage Bay DRI, the Developer will further
Florida's goal of planning for and financing new facilities to serve residents in a timely, orderly,
and efficient manner. The Heritage Bay devclopment will also implement Florida's policy of
encouragmg dcvelopment of gray-water and water-reuse systems to extend existing sewage
capacity.
L. Existing water wells shall be used for irrigation water supply. If such
wells cannot be used for this purpose, the wells shall be properly plugged by a liccnsed well
drilling contractor and abandoned.
M. Irrigation of golf course areas will be designed to encourage deepcr
rooting of turf grass to provide more efficient utilization of watcr and nutrients. Irrigation
activities shall be limited to the hours between dusk and dawn. Irrigation watcr recharge well
locations shall be selected to minimize interference drawdown between the wells and drawdown
beneath on-site or adjacent wetlands.
N. Best management practices (BMPs) for wastewater shall be utilized to
mitigate potential adverse impacts to surfacc water and shallow groundwater at and adjacent to
22
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the development. Such BMPs include proper timing and minimum application of fertilizers,
pesticides, and herbicides on landscaped areas of the property. Biodegradeable varieties of
fertilizers, pesticides, and herbicides shall be utilized whenever possible. Slow release nitrogen
fcrtilizers shall be used. This shall be coordinated with the County Extension Office of the Soil
Conservation Service.
O. Collier County will operate and maintain the potable water distribution
systems. The irrigation systems will be operated and maintained by the homeowners'
association(s), Community Development District, or private or public irrigation utility.
P. For the purpose of potable water conservation, the project shall utilize low
water use plumbing fixtures and other water conservation devices. For the purpose of non-
potable water conservation, the project shall utilize xeriscape and drought tolerant plants in
landscape design.
Q. All commitments made by the Developer, within the ADA and subsequent
sufficiency round information, related to Question 10 (General Project Description), Question 14
(Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in
conflict with thc above recommendations are incorporated as conditions of approval within this
development order for Heritagc Bay.
9. EDUCATION
A. The Developer shall coordinate with the School Board of Collier County
to make adequate provisions for educational facilities needed to accommodate the impacts of the
proposed development which may include a schedule for prepayment of school impact fees to
the School Board of Collier County.
B. The Developer shall work with the staff of the County's Transportation
Department to ensure that the necessary pedestrian and bus pick-up/drop-off facilities are
provided within the Heritage Bay project.
C. All commitmcnts made by the Developer within the ADA and subsequent
sufficiency round information related to Question 10 (General Project Description) and Question
27 (Education), and not in conflict with the above recommendations are incorporated as
conditions of approval within this development order.
10. POLICE AND FIRE PROTECTION.
A. The Developer shall coordinate with thc Sheriffs Office to consider crimc
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88
prevention measures during the site development plan renew process.
B. Fire protection shall be provided according to existing standards or fire
flow criteria promulgated by Collier County or recommended guidelines developed by the
National Fire Protection Association.
C. Any facilities located within the Heritage Bay DRI qualifying under Title
III of the Superfund Amendments Reauthorization Act of 1986 and thc Florida Hazardous
Materials Emergency Response and Community Right to Know Act of 1988 shall file hazardous
materials reporting applications in accordance with Scctions 302, 303, 304, 311, 312, or 313 of
the Right to Know Act. Applications shall be updated annually by each reporting facility.
D. The Developer shall follow the recommendations of the North ~aples Fire
District set forth below:
I. Curved streets shall have a minimum tangent of 75 feet in order to
allow for ease of operation of firc equipment.
2. The Collier County Fire Code Office shall approve any proposed
perimeter walls or fences.
3. Any proposed zero side yard setbacks for residential lots shall be
reviewed for compliance with the North Naples Fire District access
requirement.
E. Fencing shall be utilized as necessary to separate pedestrian traffic from
mining truck traffic. Mining truck traffic shall be restricted from using thoroughfares within
residential portions of the development.
F. The permits in place for the mining operation contain measures to be uscd
to control dust. The Developer shall abide by those conditions.
G. The Developcr shall dedicatc 7.73 acres of property within the proposed
development to the Collier County Board of County Commissioners to be used for general
government purposes including fire station, well site, utility lift station, EMS facility, Sheriffs
Office, and other government services in accordance with the time frame set forth in Subsection
2.2.20.3.7 of the LDC. The dedication of the property shall be completed pursuant to a
developer's agreement to bc entered into with the County. The Developer shall not receive
impact fee credits from the County for the dedication of the 7.73 acre parcel.
H. The Developer shall follow the appropriate permitting process in effect at
the time permits are requested, if natural gas is used. The Developer shall coordinate with the
fire district, as required.
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11. RECREATION AND OPEN SPACE
A. The Developer, homeowners' association(s) or a Community Development
District shall maintain all recreation areas and open spaces.
B. The Heritage Bay development shall comply with the open space
requirements of the LDC in effect at the time of rezoning.
C. Vegetated upland areas within the wetland conservation area shall be
retained as part of the recreational open space system for the Heritage Bay project.
D. The Developer shall pay Two-Million-Eight-Hundred- Thousand Dollars
($2,800,000) in park impact fees to the County within 45 days of the date of approval of the
DRIIPUD by the Board of County Commissioners. This payment shall be credited towards the
impact fees for recreation and parks facilities due from the Developer.
E. The Devcloper shall donate Seven-Hundred-Seventeen- Thousand Dollars
($717,000) to the County for use in developing regional park facilities. This payment is made in
lieu of providing lake systems within the Heritage Bay development to the County.
F. All commitments made by the Developer within the ADA and subsequent
sufficiency round information related to Questions 10 (General Project Description) and
Questions 26 (Recreation and Open Space) and not in conflict with the above recommendations
are incorporated as conditions of approval within this development order.
12. SOLID/HAZARDOUSIMEDICAL WASTE
A. The Developer shall incorporate the solid waste demands of the project
into the county solid waste management program. The Developer shall explore possibilities of
extending the life of the existing County landfill by reducing the solid waste volumc. This shall
be accomplished by encouraging the utilization of practices such as conservation, recycling, trash
compaction, and mechanical shredding.
B. Any businesses located within the Heritage Bay project, which generate
hazardous waste, as defined by Subsection 403.703(21), Florida Statutes, and Rule 62-730.030,
Florida Administrative Code, shall bc responsible for the temporary storage, siting and proper
disposal of such hazardous waste. There shall be no siting of hazardous waste storage facilities
contrary to the LDC.
C. The project shall be bound by all applicable state and local recycling
requirements in effect at the time of issuance of the final subdivision plat.
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D. Any buildings where hazardous materials or waste are to be used,
displayed, handled, generated or stored shall be constructed with impervious floors, with floor
drains leading to separate impervious holding facilities that are adequate to contain and safely
facilitate clean-up of any spill, leakage, or contaminated water.
E. The discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by permit issued by the FDEP.
F. The Developer shall comply with best management practices for golf
courses to ensure safe and effective application of pesticides and fertilizers. One-half inch of dry
pretreatment shall be required for the maintenance field site.
G. The Developer shall ensurc that the lawns and vegetation at thc adult
living facility are treated with the minimum amount of chemicals required so as to reduce the
risk of the pesticide pollution.
H. Prior to construction, the Developer shall provide assurances that a
licensed grease transporter has been identified to serve the project's restaurants.
!. Prior to construction of either of the commercial component of the ALF,
the Developer shall provide assurance that bio-hazardous and hazardous waste transporters have
been identified to serve the project.
13. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN
Collier County has detcrmined that the Heritage Bay DR] project is consistent with the
Collier County GMP and that the project's development, as approved in this development order,
is consistent with the County's Concurrency Management System relative to public facilitics
necessary to support the development.
14. PUD DOCUMENT
The Heritage Bay PUD Document (Ordinance Number 03-40) approved by the Collicr
County Board of County Commissioners on July 29, 2003, and this development order govern
the development of the Heritage Bay DR!. The Developer acknowledges that the conditions and
commitmcnts of the PUD Document govern the development and use of property within the
Heritage Bay projcct, even though the PUD Document is not made a part of this development
order.
15. GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions provided by the
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88
Developer within the Application for Development Approval (and supplementary documents)
that are not in conflict with specific conditions for project approval outlined above are officially
adopted as conditions of approval.
B. The term "Developer" shall include US Home Corporation, and any of its
successors or assigns to the development rights and obligations specified in this development
order.
C. The Developer shall submit a biennial report on this Development of
Regional Impact to Collier County, the SWFRPC, DCA, and all affected permit agencies as
required by Subsection 380.06(18), Florida Statutes. This report shall contain the information
required in Rule 9J-2.025(7), Florida Administrative Code. This report shall be prepared in
accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC.
Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida
Statutes.
D. The development completion schedule set forth within the ADA, and as
adjusted to commence running from the date this development order becomes final, shall be
incorporated as a condition of approval. If development order conditions and Developer
commitments incorporated within the development order, ADA or sufficiency round responses to
mitigate regional impacts are not implemented consistent with the timing schedule specified
within the development order, then such a failure shall be presumed to be a substantial deviation
for the affected regional issue.
E. If Collier County, during the course of monitoring the development
demonstrates that substantial changes in the conditions underlying the approval of the
development order have occurred or that the development order was based on substantially
inaccurate information provided by the Developer, resulting in additional substantial regional
impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist
form contained in Appendix IV to the SWFRPC official recommendations for the Heritage Bay
DRI shall be used by Collier County in determining if there are additional, substantial regional
impacts.
F. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be
subjcct to credit for contributions, construction, expansion, or acquisition of public facilities, if
the Developer is also subject to Collier County ordinances requiring impact fees or exactions to
27
88
meet the same needs. Collier County and the Developer may enter into a capital contribution
front-ending agreement to reimburse the Developer for voluntary contributions in excess of the
fair share contribution.
G. The land uses approved in gross square footage are consistent with the
statewide guidelines and standards set forth in Section 380.065, Florida Statutes.
BE IT FURTHER RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. The County's Community Development and Environmental Administrator shall
be the local official responsible for assuring compliance with the development order.
2. This development order shall remain in effect for fifteen (\5) years from the date
it becomes final and effective.
3. The definitions contained in Chapter 380, Florida Statutes, shall control the
interpretation and construction of any terms of this development order.
4. Pursuant to Subsection 380.06(l5)(c)3, Florida Statutes, this project is exempt
from downzoning or intensity or density reduction for a period of fifteen (15) years from the date
of adoption of the development order, subject to the conditions and limitations set forth in said
Subsection of the Florida Statutes.
5. Subsequent requests for development permits shall not require further rcview
pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County
Commissioners of Collier County, after due notice and hearing, that one or more of the following
items listed in Paragraphs A and B is present. Upon such a finding, the Board of County
Commissioners of Collier County may take any action authorized by Subsection 380.06(\9),
Florida Statutes, pending issuance of an amended development order;
A. A substantial deviation from the terms or conditions of this devclopment
order, a substantial deviation to the project development phasing schedule, a failure to carry out
conditions, commitments or mitigation measures to the extent set forth herein or consistent with
the timing schedules specified herein or in the phasing schedulc in the ADA, or substantial
deviation from the approved development plans which create a reasonable likelihood of
additional regional impacts or othcr types of regional impacts which were not previously
reviewcd by the SWFRPC; or
28
8B
B. An expiration of the period of effectiveness of this development order as
provided herein.
6. The approval granted by this development order is limited. Such approval shall
not be construed to relieve the Developer of the duty to comply with all other applicable local,
state or federal permitting regulations.
7. It is understood that any reference herein to any governmental agency shall be
construed to mean any future entity which may be created or be designated or succeed in interest
to, or which otherwise possesses any of the powcrs and duties of, any referenced governmental
agency in existence on the effective date of this development order.
8. Appropriate conditions and commitments contained herein may be assigned to or
assumed by a Community Development District formed pursuant to Chapter ] 90, Florida
Statutes.
9. In the event that any portion or section of this development order is determined to
be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such
decision shall in no manner, affect the remaining portions of this development order which shall
remain in full force and effect.
10. This development order shall be binding upon the County and the Developer, its
assignees or successors in interest.
II. This development order shall become effective as provided by law.
12. Certified copies of this development order shall be provided by the County to
DCA and the SWFRPC as provided in Subsection 380.06(25)(g), Florida Statutes.
BE IT FURTHER RESOLVED, that this Resolution be recorded in the Minutes of this
Board.
29
~'8B
Done this 1.t day of .]0\ ~
This Resolution adopted after motion, second, and majority vote.
,2003.
ATTEST,i.\.,G" r.'l~~.()
(:~~:j' .' . r?1~
""b\\:~ ~~.b(.
DwipHTE. BROEKi. €LE
AtUst IS.to~"llr.an' s
.t~ .~l~..'.",; ..
APPROVED -A~TO FORM AND
LEGAL SUFFICIENCY:
Oh' 'm.~
MarjO~ent
Assistant County Attorncy
BOARD OF COUNTY COMMISSIONERS
~~LLIEIk
TOM HENNING, CHAIRMAN
1-ZQ-e3
30
WilsqnMiller
88
RECEIVED
AUG 1 9 2003
New Directions In Planning, Des/QIl & EngineerlllQ
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:
Wi/s.nw~~:e ..
r,ashfcrd, F'r"'~ so:;icnal Surveyor & Mapper
egistratiOl~ 1'10. LS6305
See attached surwy.
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
Napl.$ Fort My.rs Sarasota Tampa Tal/ahass.. Panama City S.ach
4571 Colonial Boulevard. Suite 100 Fort Myers, Florida 33912 239-939-1020'fil 239-939-7479
www.wllsonmlllsf.com
8(5J200J.- 2B6004 'Ver: 01!. SEREK
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N04.42-008-000- SPl T. 7587
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