Agenda 10/11/2011 Item # 8C10/11/2011 Item 8.C.
EXECUTIVE SUMMARY
DRI - 2006 -AR- 10147: Hacienda Lakes DRI — A Resolution of the Board,of County Commissioners of Collier
County, Florida approving a Development Order for Hacienda Lakes, a Development of Regional Impact
located in Sections 11 through 14 and 23 through 25, Township 50 South, flange 26 East, and Sections 19 and
30, Township 50 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential
dwelling units including conversions td recreational vehicle park and senior housing for independent living,
assisted living and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and-
medical office including a conversion of retail use to professional and medical office, a 135 -room hotel
including a conversion to business park, 140,000 square feet of business park or educational facility, a;public
school, and continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy"
attraction; providing for Findings of Fact; providing for Conclusions of Law; and providing an effective date
(Companion to Petitions PUDZ- 2006 -AR -10146 and CP- 2006 -11). ,
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's findings and recommendations along
with the recommendations of the Collier County Planning Commission (CCPC) and the Southwest
Florida Regional Planning Council (RPC) regarding the above referenced petition and render a decision
regarding this DRI Application for Development Approval (ADA) petition; and ensure the project is in
harmony with all the applicable codes and regulations in order to ensure that the community's interests are
maintained.
CONSIDERATIONS:
The petitioner seeks approval of a DRI that will allow development of up to 1,760 residential dwelling
units including conversions to recreational vehicle park and senior housing for independent living, assisted
living and nursing care; 327,500 square feet of retail use; 70,000 square feet of professional and medical
office including a conversion of retail use to professional and medical office; a 135 -room hotel including a
conversion to business park; 140,000 square feet of business park or educational facility; a public school;
and continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy" attraction.
FISCAL IMPACT:
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of
Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency
management, the developer of every local development order approved by Collier County is required to
pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with
Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of
a building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
Hacienda Lakes DRI, DRI - 2006 -AR -10147
Revised: 9/19/11
BCC Hearing Date 10/11/11
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10/11/2011 Item 8.C.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The County's Future Land Use Map designates [approximately
1,637 acres] of the subject_ site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle
Meade Natural Resource Protection Area (NRPA) Overlay. The balance of the site has the future land use
designations of the Urban Residential Fringe (URF) Subdistrict, and Mixed Use Activity Center (MUAC)
No. 7. Policies and Provisions for these designations are located in the FLUE and the CCME of the
Growth Management Plan.
The property owner submitted an application to amend the Growth Management Plan (GMP) through
petition CP- 2006 -11 seeking to amend the Future Land Use Element (FLUE) and Conservation and
Coastal Management Element (COME). Which is a companion to this petition and must be approved' first,
in order for this petition to be consistent with the GMP. For more details, please refer to the
Comprehensive Planning Staff memo,. dated July 12, 2011.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The Southwest Florida Regional Planning Council (RPC) has found the Hacienda Lakes Application for
Development Approval (ADA) sufficient and the -Council heard the DRI assessment report for project on
June 16, 2011. During this meeting, the RPC recommended Conditional Approval of the project. The
RPC report and recommendations have been submitted to Collier County ' pursuant to Subsection
380.06(12), Florida Statutes. In addition, a comprehensive review of the regional and local impact
generated by this project has been conducted by the appropriate Collier County departments and agencies.
All reviewing agencies have indicated that the proposed DRI is- consistent with the LDC and the Growth
Management Plan (GMP) as it will be amended in the companion GMP Amendment. As a result of the
local and regional review, the RPC has determined that the project is consistent with the State
Comprehensive Plan subject to the recommendations listed in the RPC report which accompanies this
staff report.
DEPARTMENT OF COMMUNITY AFFAIRS:
The Department of Community Affairs (DCA), pursuant to its role as the state land planning and
emergency management agency, has reviewed the ADA for consistency with its statutory responsibilities
under the Florida Coastal Management Program (FCMP), which includes the enforceable policies
contained in Chapter 163, Part II, Chapter 252, and Chapter 380, Florida Statutes. The DCA has
determined that the project is consistent with the Collier County Growth Management Plan.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on September 1, 2011, and by a vote of 7 to 0 (Paul Midney was not present
and there is one vacant position on the Commission), with Commissioner Schiffer making the motion and
Commissioner Ahern seconding the motion, recommended forwarding this petition to the Board of
County Commissioners (BCC) with a recommendation of approval with the following stipulations:
1) Map H -2 shall be revised to reflect the separate RV designation;
2) Add Florida Division of Historic Resources to item 2.C;
3) Add language to require coordination for equestrian provisions;
4) Add "developable acres" to school section;
5) Add "attempt to" to item g of the school section;
Hacienda Lakes DRI, DRI - 2006 -AR- 10147 .
Revised: 9119/11
BCC Hearing Date 10/11/11
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10/11/2011 Item 8.C.
6) Add requirement that the developer shall notify the RPC and the Florida Department of Economic
Opportunity (formerly DCA) if any land use conversions are utilized;
7) Procure approval from Collier County Emergency Management regarding the RV use; and
8) Address the "stadium, training and practice facilities for professional baseball (Group 7941)" use
from the Swamp Buggy Days regarding the need to file a DRI Notice of Proposed Change.
Because staff recommended approval, the CCPC approval recommendation was unanimous, and there
were no letters of objection submitted, this petition can be placed on the Summary Agenda. The changes
requested have been made to the DRI DO, and the petition was approved on the September 15, 2011
CCPC Consent agenda.
LEGAL CONSIDERATIONS:
The burden falls upon the applicant for the DRI to prove that the proposal is consistent with all of the
criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it
consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be
accomplished by finding that the amendment does not meet one or more of the listed criteria.
Criteria for DRI
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure.
The BCC must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to
these criteria. The proposed Resolution was reviewed by the County Attorney's Office. This Executive
Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. A majority
vote is required for Board approval. (HFAC)
RECOMMENDATION:
Staff concurs with the recommendations of the CCPC and further recommends that the Board of County
Commissioners approve the request for DRI Application for Development Approval, subject to the
attached DRI Development Order and Resolution that includes both the staff recommendation and the
CCPC recommendation.
PREPARED BY:
Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Staff Report
2) Resolution
3) Back up material information sheet
Hacienda Lakes DRI, DRI- 2006 -AR -10147
Revised: 9/19/11
BCC Hearing Date 10/11/11
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10/11/2011 Item 8.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.C.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
DRI- 2006 -AR- 10147: Hacienda Lakes DRI -- A Resolution of the Board of County Commissioners
of Collier County, Florida approving a Development Order for Hacienda Lakes, a Development
of Regional Impact located in Sections 11 through 14 and 23 through 25, Township 50 South,
Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County,
Florida which will allow up to 1,760 residential dwelling units including conversions to
recreational vehicle park and senior housing for independent living, assisted living and nursing
care, 327,500 square feet of retail use, 70,000 square feet of professional and medical office
including a conversion of retail use to professional and medical office, a 135 -room hotel
including a conversion to business park, 140,000 square feet of business park or educational
facility, a public school, and continuation of existing "Junior Deputy" passive recreation and
existing "swamp buggy" attraction; providing for Findings of Fact; providing for Conclusions of
Law; and providing an effective date (Companion to Petitions PUDZ- 2006 -AR -10146 and CP-
2006-11).
Meeting Date: 10/11/2011
Prepared By
Name: DeselemKay
Title: Planner, Principal,Engineering & Environmental Ser
9/21/2011 11:20:15 AM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 9/21/20113:48:07 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 9/21/20114:55:33 PM
Name: LorenzWilliam
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10/11/2011 Item 8.C.
Title: Director - CDES Engineering Services,Comprehensive
Date: 9/22/2011 10:39:08 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 9/22/2011 1:07:34 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/23/20112:07:54 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9 /26/2011 1:57:59 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/30/2011 2:39:32 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
n Date: 10/4/2011 11:37:17 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/4/2011 11:43:04 AM
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im
10/11/2011 Item 8.C.
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
ZONING SERVICES- -LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING BATE: JULY 21, 2011
RE: PETITION NO: DRI- 2006 -AR- 10147; HACIENDA LAKES DRI
(COMPANION ITEMS: PUDZ- 2006 -AR- 10146, AND CP- 2006 -I1)
APPLICANT /AGENTS:
Applicant: Agents:
Hacienda Lakes of Naples, LLC Dwight Nadeau
c/o David Torres RWA Consultants, Inc.
12600 Biscayne Court 6610 Willow Park Drive, Suite 200
Naples, FL 34105 Naples, FL 34109
Richard D. Yovanovich, Esquire
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300 n
Naples, FL 34103
The petitioner is requesting approval of a Development Order for the Hacienda Lakes Development of
Regional Impact (DRI) to allow for a mix of residential, commercial (retail and office), hotel, business
park and education facility uses as well as the continuation of existing junior deputies passive
recreation and existing swamp buggy attraction uses.
GEOGRAPHIC LOCATION:
The subject property, consisting of 2,262+ acres, is located on the east side of Collier Boulevard (C.R.
95 1) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of
Sabsl Palm Road in Sections 11 -14 and, 23 through 25, Township 50 South, Range 26 East, and
Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida (See the location map
on following page)
The petitioner is requesting approval of this Development of Regional Impact (DRI) for Hacienda
Lakes to allow development as shown on the table on the following page.
Hacienda Lakes DRI, DR6- 2006 -AR -10147
July 21, 2011 CCPC
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Page 1 of 7
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10/11/2011 Item 8.C.
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10/11/2011 Item 8.C.
LAND USE SUMMARY
D ='. ?T l`
L4NND UDC
I Residential
Single-Family
f;s, F'r 1,,
Fib- Xr ^RFS
'.. ?i. "Ei'itnL Lr.tt... E.. .+r.E-E. t ,-:U� K "'.• T•caMi
..:>:t .. <E;
School
�' -r'Tlt t',!
47.27+ ACRES
20 Units
30 Units
447.66± ALRLS
0.0 SF
:H:.. _
35. +Sf ACRES
2013
200 Units
154-4.1,44: ACRES
_ F'
-
1.33± ACRES
0.0 SF
21.621 ACRES
200 Units
_CHILL
1x,.55± ACRES
=1i: T {=�L `v'= :qr�.L .!E
38.82± ACRES
2015
/2.U1 t X;KtS
TOTAL
2252.14:t ACRES
u u U_uE
THIS AC', EA - ' HEtr T��T4UNC �.�E�T aEF x I' 1> hiwU �EC hz THE "Pa:'' T-n'4�T
As proposed the project will be developed in one eight -year phase that is to be divided into two stages
(2012 -2016 and 2015 -2019 as shown below as an excerpt from Map H -2), with development to begin
in 2012. Buildout is projected to occur in 2019.
ESTIMATED DEVELOPMENT SCHEDULE
Stage One
Year
I Residential
Single-Family
Multi-Family
Retail
Office
Business Park
School
2012
50 Units
20 Units
30 Units
27.500 SF
0.0 SF
0.0 SF
919 Students
2013
200 Units
100 Units
100 Units
150.000 SF
20.000 SF
0.0 SF
2014
200 Units
100 Units
100 Units
150.000 SF'
25,000 SF
40.000 SF
2015
250 Units
100 Units
150 Units
0.0 SF
25.000 SF
0.0 SF
2016
250 Units
100 Units
150 Units
0.0 SF
0.0 SF
0.0 SF
950 Units
420 Units
530 Units
327.500 SF
1 70.000 SF
40.000 SF
919 Students
ESTIMATED DEVELOPMENT SCHEDULE
Stage Two
Year
Residential
Single - Family
Multi - Family
Retail
Office
Business Park
School
2015
25 Units
0 Units
25 Units
0.0 SF
0.0 SF
20.000 SF
919 Students
2016
25 Units
0 Units
25 Units
0.0 SF
0.0 SF
20.ODD SF
2017
275 Units
100 Units
175 Units
0.0 SF
0.0 SF
20.000 SF
2018
275 Units
100 Units
175 Units
0.0 SF
0.0 SF
20.000 SF
2019
210 Units
i 84 Units
126 Units
0.0 SF
0.0 SF
20.000 SF
810 Units
284 Units
526 Units
0
0
100.000 SF
919 Students
Totals: 1760 Units 704 Units 1,056 Units 327.500 SF 70,000 SF 140,000 SF 919 Students
`The 135 Room hotel is proposed to be developed in Phase One. in 2014.
Site Description:
The total project site is 2262.14± acres, 1700.54± acres of which contain native vegetation in
accordance with the definition in the GMP and LDC. On site native vegetation communities are
described in the exhibits attached to the EAC staff report that is included in the back up information.
The project site contains 1,752.72± acres of SFVJMD jurisdictional wetlands and 17.58+ acres of other
surface waters (EIS Exhibit 3). The site plan is designed to preserve the higher quality wetlands on -site
which generally lie towards the eastern portion of the project site. The proposed project design will
result in 440.02± acres of wetland impacts and approximately 9.65 acres of impact to other surface
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July 21, 2011 CCPC
Last Revised: 7113111
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10/11/2011 Item 8.C.
waters. A wetland preserve map is included in the EIS as exhibit 12. The proposed mitigation for
wetland impacts is the enhancement and preservation of 1,282.66 acres of on -site wetlands. Exotic
vegetation will be removed and supplemental planting will be conducted in areas where exotic
vegetation exceeds 50% aerial coverage. The mitigation plan also includes the enhancement and
preservation of 260.39± acres of upland preserves and upland buffers.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL:
The Southwest Florida Regional Planning Council (RPC) has found the Hacienda Lakes Application
for Development Approval (ADA) sufficient and the Council heard the DRI assessment report for
project on June 16, 2011. During this meeting, the RPC recommended Conditional Approval of the
project. The RPC report and recommendations have been submitted to Collier County pursuant to
Subsection 380.06(12), Florida Statutes. In addition, a comprehensive review of the regional and local
impact generated by this project has been conducted by the appropriate Collier County departments
and agencies. All reviewing agencies have indicated that the proposed DRI is consistent with the LDC
and the Growth Management Plan (GMP) as it will be amended in the companion GMP Amendment.
As a result of the local and regional review, the RPC has determined that the project is consistent with
the State Comprehensive Plan subject to the recommendations listed in the RPC report which
accompanies this staff report.
DEPARTMENT OF COMMUNITY AFFAIRS:
The Department of Community Affairs (DCA), pursuant to its role as the state's land planning and
emergency management agency, has reviewed the ADA for consistency with its statutory
responsibilities under the Florida Coastal Management Program (FCMP), which includes the
enforceable policies contained in Chapter 163, Part H, Chapter 252, and Chapter 380, Florida Statutes.
DCA has determined that the project is consistent with the Collier County Growth Management Plan.
STAFF REVIEW:
Development authorizations contained in DRI Development Orders are prerequisite to land use actions
that implement DRI land use authorizations. DRI Development Orders are structured first and foremost
to contain regulations that respond to relationships dictated by State Administrative rules, specifically,
those relationships and questions that an applicant is required to analyze and report as part of the
Application for Development Approval (ADA).
Appropriate evaluation of DRI petitions should establish a factual basis for supportive action by
appointed and elected decision - makers. The evaluation by professional staff should typically include
an analysis of the petition's relationship to the community's future land use plan, and whether or not the
proposed land use would be consistent with the Collier County GMP in all of its related elements.
Various County and Regional entity staff members completed a comprehensive evaluation of this DRI
land use petition. As noted in the staff report for the companion PUD and GMPA, the proposed
project is consistent with the GMT, as it is to be amended in the companion GMPA, subject to staff
recommendations.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The County's Future Land Use Map designates [approximately
1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle
Meade Natural Resource Protection Area (NRPA) Overlay.
Hacienda Lakes DRI, DRI- 2006 -AR -10147
July 21, 2011 CCPC
Last Revised: 7/13/11
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10/11/2011 Item 8.C.
The balance of the site has the future land use designations of the Urban Residential Fringe (URF)
Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these
designations are located in the FLUE and the CCME of the Growth Management Plan. This DRI
petition is a companion to petition 4CP- 2006 -11 which will implement changes to the GMP to
accommodate the proposed development.
Comprehensive Planning staff has prepared an analysis and recommendation memorandum that has
been attached (dated July 12; 2U 11). To summarize, Comprehensive Planning staff has identified
several areas of concern and is recommending that this petition can be found consistent with the GMP
if the following issues are addressed in the companion PUD document (PUDZ- 2006 -AR- 10146), as
recommended by staff.
The developer shall include provisions/standards for human scale development, pedestrian
orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its
interconnected portions of the project. A project of this size and complexity should contain a
bicycle /pedestrian and transit master plan that identifies the following:
Connections from each residential neighborhood and commercial development between each
component of the project and to the established CR -951 Greenway and the existing or planned
transit system; and
Expanded transit shelters to accommodate existing and future demand. Staff recommends
several transit shelters that are adequately sized and afford seating (Pavilion shelters at a
minimum size of 20'x20'), protection from the elements, bike racks or storage facilities, and
immediate access to the bicycle /pedestrian network.
DRI DEVELOPMENT ORDER:
A summary of some of the key issues that included specific recommendations of the RPC to mitigate
the regional impacts is provided below. The issues are divided into regional issues and local issues to
conform to the outline of the RPC report. All RPC recommendations have been incorporated into the
attached draft DRI Development Order (DO) attached to this staff report and/or the PUD document.
REGIONAL ISSUES
HISTORICAL AND ARCHAEOLOGICAL SITES:
Please refer to page 8 of the draft DRI DO.
ENERGY.•
Please refer to page 5 of the draft DRI DO.
HURRICANE PREPAREDNESS.
Please refer to page 9 of the draft DRI DO-
SOLID/HAZARDOUS/MEDICAL WASTE:
Please refer to page 32 of the draft DRI DO.
STORMWA TER MANAGEMENT.
Please refer to page 11 of the draft DRI DO.
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10/11/2011 Item 8.C.
TRANSPORTATION.
Please refer to page 16 of the draft DRI DO.
VEGETATION, WILDLIFE AND WETLANDS:
Please refer to page 24 of the draft DRI DO.
WATER SUPPLYAND WASTEWATER MANAGEMENT•
Please refer to page 28 of the draft DRI DO.
CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN:
Please refer to page 35 of the draft DRI DO.
LOCAL ISSUES: (These issues are still addressed in the DRI DO)
EDUCATION:
Please refer to page 33 of the draft DRI DO.
POLICE AND FIRE PROTECTION:
Please refer to page 30 of the draft DRI DO.
RECREATION AND OPEN SPACE:
Please refer to page 36 of the draft DRI DO.
ADDITIONAL NOTES:
During the review of the DRI and PUD projects, County staff has voiced concerns about the aggressive
nature of the petitioner's proposed buildout schedule. To staff, given the current somewhat lackluster
economy and the forecasted continuance of that economic situation into the future, it seems unlikely
that completion of this project within the narrow time frame proposed by the petition can be
accomplished. The petitioner will need to address the buildout schedule before the CCPC.
Section 16 of the DRI DO (p. 50) needs to be revised to establish one entity that will be responsible for
all aspects of this project as it develops. The statement, "The Commitments may only be assigned by
written notice to the Growth Management Division Administrator and confirmation that the
Administrator has received such notice needs to be replaced with the following new paragraph:
One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI
monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for
satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this
DRI approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity, then it must
provide a copy of a legally binding document that needs to be approved for legal sufficiency
by the County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor entity
shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing
� tY
Entity shall provide written notice to County that includes an acknowledgement of the
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10/11/2011 Item 8.C.
commitments required by the PUD and DRI by the new owner and the new owner's agreement
to comply with the Commitments through the Managing Entity, but the Managing Entity shall
not be relieved of its responsibility under this Section. When the PUD and DRI are closed -
out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of
PUD and DRI commitments.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council (EAC) reviewed this project on June 1, 2011. The EAC voted 5
to 0 to recommend approval subject to the conditions of approval contained in the EAC Staff Report
which are listed below:
1) The developer shall submit an updated listed species survey prior to the next Development
Order.
2) The developer shall coordinate installation of the Sabal Palm culvert crossings and associated
spreader swales with Collier County and the South Florida Water Management District and to
occur prior to the first preliminary acceptance.
Conditions reflecting those requirements have been included in the PUD document as the
recommendation from the EAC was the same for both the DRI and the PUD petitions. Staff and the
applicant are of the opinion that it is more appropriate to place these requirements in the PUD
document as the issues being addressed are local issues.
COUNTY ATTORNEY OFFICE REVIEW: ^
The County Attorney Office has reviewed the staff report for this petition revised on June 27, 2011 and
provided the following information regarding review of this petition. The burden falls upon the
applicant for the Development Order to prove that the proposal is consistent with all of the criteria set
forth below.
Criteria for DRI Development Order
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition DRI -2006-
AR -10147 to the Board of County Commissioners (BCC) with a recommendation of approval as
described by the accompanying resolution, with the stipulation provided previously requiring a change to
Section 16.
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Last Revised: 7/13/11
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Page 6 of 7
PREPARED BY:
96, '@ at�.'
KAY DICtELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
REVIEWED BY:
/7� K za/Z,6:�2=
RAYM D V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
/2-4� t>'r.
WILINAM D. LORENZ, JR., P.E., NRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
NICK OKSALANGUIi5-A, 7ISI D�STRATOR
GROWTH MANAGEMEN I ON
61.2 7/ f
DATE
DATE
DATE
-I' f
DATE
10/11/2011 Item 8.C.
Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting
Hacienda Lakes DRI, DRI- 2006 -AR -10147
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Last Revised: 6/23/11
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10/11/2011 Item 8.C.
Back up material for the
Hacienda Lakes DRI and PUD
petitions will be provided in
hard copy form from the
petitioner's agent.
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RESOLUTION NO.
DEVELOPMENT ORDER
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY APPROVING
A DEVELOPMENT ORDER FOR HACIENDA LAKES, A
DEVELOPMENT OF REGIONAL IMPACT LOCATED IN
SECTIONS 11 THROUGH 14 AND 23 THROUGH 25,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS
19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; WHICH WILL ALLOW
1,760 RESIDENTIAL DWELLING UNITS, 327,500 SQUARE
FEET OF RETAIL USE, 70,000 SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM
HOTEL, 140,000 SQUARE FEET OF BUSINESS PARK OR
EDUCATIONAL FACILITY, AND CONTINUATION OF
EXISTING JUNIOR DEPUTIES PASSIVE RECREATION
AND EXISTING SWAMP BUGGY ATTRACTION;
PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR
CONCLUSIONS OF LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 21, 2006, Toll - Rattlesnake, LLC, in accordance with Subsection
380.06(6), Florida Statutes, Filed an Application for Development Approval (ADA) of a
Development of Regional Impact (DRI) known as Toll- Rattlesnake with Collier County (DRI-
2006 -AR- 10147) and the Southwest Florida Regional Planning Council (DRI No. 06 -492); and
WHEREAS, pursuant to Florida Administrative Code's DRI Rule 291 - 4.001(5) the
Executive Director of the Southwest Florida Regional Planning Council (SWFRPC)
administratively approved an initial 45 -day sufficiency response extension, and the Regional
Planning Council approved nine (9) subsequent sufficiency response extensions; and
WHEREAS, on January 26 and 27, 2010, Wilton Land Company, LLC obtained title to
the majority portion of lands within the DRI; and
WHEREAS, on October 14, 1982, Swamp Buggy Day, Inc. (now known as Swamp
Buggy, Inc.) obtained title to a minor portion of the lands within the DRI; and
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WHEREAS, on December 27, 1995, Collier County Junior Deputies League, Inc.
obtained title to a minor portion of the lands within the DRI; and
WHEREAS, Hacienda Lakes of Naples, LLC is authorized by Wilton Land Company,
LLC, Swamp Buggy, Inc., and Collier County Junior Deputies League, Inc., (hereinafter
collectively "Owner ") to continue to pursue Development of Regional Impact approval of the
property subject of this Development Order. (The term Owner shall include its successors and
assigns of each of the Owners); and
WHEREAS, for the purposes of this Development Order, the "Owner" commitments set
forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and/or assigns. The
"Owner" commitments herein shall not be enforceable upon Swamp Buggy, Inc., nor Collier
County Junior Deputies League, Inc., except to the extent it is a requirement related to the land
owned by same; and
WHEREAS, on July 21, 2010, Hacienda Lakes of Naples, LLC, (herein "Developer "),
responded to the fourth sufficiency review with a revised Application for Development Approval
(ADA) of a Development of Regional Impact (DRI) now known as Hacienda Lakes filed with
Collier County and the SWFRPC under the same review agency application reference numbers.
(The term Developer shall include its successors and assigns); and
WHEREAS, Developer has obtained all necessary approvals from Collier County
agencies, departments, and boards required as a condition to Planned Unit Development zoning,
Comprehensive Plan Amendment, and DRI approval; 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 Applications for Development Approval
(ADA) for Developments of Regional Impact; and
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n WHEREAS, the public notice requirements of Chapter 380 and the Collier County
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 Planting Council (S WFRPC)
and held a public hearing on the ADA on August 4, 2011 and September 1, 2011; and
WHEREAS, the Board of County Commissioners approved Resolution No. 11 -32 and
Ordinance No.
which approved changes to the Comprehensive Plan as
included in application No. CP- 2006 -11 for the property; and
WHEREAS, the Board of County Commissioners
adopted
Ordinance -
on
, which rezoned the subject
property
to The Hacienda
Lakes
MPUD; and
WHEREAS, the issuance of a Development Order pursuant to Section 380.06, Florida
Statutes, does not constitute a waiver of any powers or rights regarding title issuance of other
development permits consistent herewith by the County or State; and
WHEREAS, on , the Board of County Commissioners, at an open
public hearing in accordance with Section 380.06, Florida Statutes, having considered the
Application for Development Approval of a Development of Regional Impact 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 the Environmental Advisory Council; and the record made at said hearing,
makes the following Findings of Fact and Conclusions of Law.
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FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth
in Exhibit "A ".
2. The application is consistent with Subsection 380.06(6), Florida Statutes, (2010).
3. The Developer submitted to Collier County, the SWFRPC, and Florida
Department of Community Affairs an ADA and sufficiency responses, which are available for
review at each respective agency.
4. The Developer proposes development of the Hacienda Lakes Development of
Regional Impact, as shown on the Series of Map H attached hereto as Exhibit "B ", and consisting
of 2262.10 acres, which includes:
A. 1,760 residential dwelling units;
B. 327,500 square feet of Gross Floor Area (GFA) of retail use (convenience,
general and specialty retail);
C. 70,000 square feet of GFA of professional and medical office;
D. A 135 -room hotel;
E. 140,000 square feet GFA of Business Park or Educational Facility;
F. Continuation of Junior Deputies passive recreation facilities;
G. Continuation of the existing Swamp Buggy attraction, without the
opportunity to include outdoor shooting ranges for firearms;
H. 1,544.1 acres of preserves;
I. 19.55 acres, or less if approved by the School Board, of elementary
school site to serve up to 919 students; and
J. 1.3 acres of Emergency Medical site.
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110� 5. The development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development shall not interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been
conducted by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State concern
pursuant to the provisions of Section 380.05, Florida Statutes, as amended.
9. The development is consistent with the current land development regulations and
the Growth Management Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of.
Collier County, Florida, in public meeting, duly constituted and assembled on this, the day
of , 2011, that the Hacienda Lakes Application for Development Approval
submitted by Developer is hereby approved, subject to the following conditions:
1. ENERGY
The Hacienda Lakes Development of Regional Impact will incorporate the
following energy conservation features as a part of each Site Development Plan or plat approval
for all phases and land uses:
A. Provision of a combination bicycle /pedestrian system to be placed along
public arterial and collector roads within the DRI which will connect with public and private
bicycle /pedestrian systems in the DRI.
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B. Provision of bicycle racks or bicycle storage facilities in recreational,
commercial, and multi - family residential areas.
C. Prior to the issuance of a certificate of occupancy for the first 75,000
square feet of retail land uses, the Developer or Owner shall construct, at its sole expense, a
Collier Area Transit (CAT) stop /shelter fronting the Commercial Tract C that shall include a
10'x 20' pavilion shelter with benches and protection from the elements, and include a
minimum of three (3) bike racks. The location of the CAT shelter is generally depicted and
provided for on ADA Map O. Additionally, prior to the issuance of a certificate of occupancy
for the first 70,000 square feet of business park land uses, or prior to the issuance of a
certificate of occupancy for a school or educational facility in the Business Park Tract BP, the
Developer shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter
fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches
and protection from the elements, and include a minimum of three (3) bike racks. The location
of the CAT shelters is generally depicted on ADA Map O. Owner shall be responsible for
maintenance of the bus stops /shelters unless Owner elects to convey to County at no cost to
County easements for the bus shelters.
design;
D. Developer and Owner shall require builders to:
(1) use prevailing, practicable energy - efficient features in window
(2) install operable windows and ceiling fans; and
(3) install Energy Star qualified appliances and equipment.
E. Deed restrictions, covenants, and design guidelines shall include
provisions requiring compliance with H through Q.
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F. Minimize heat island effect (i.e.: reduce local air temperatures and
reflected light and heat) by minimizing asphalt, where practicable, through the use of concrete,
rock and similar substances in streets, parking lots, and other areas; by utilizing shade trees
adjacent to roads and parking areas; and utilizing where practicable, high reflectance paving
materials (i.e.: solar reflectance index (SRI) of at least 29).
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 1.6 gallons and shower
heads and faucets with a maximum flow rate of 2.5 gallons per minute, or the use of the
prevailing energy efficient bathroom fixtures available.
I. Use of native plants, trees, and other vegetation and landscape design
features in accordance with Section 4.06.05D.1.a., of the Collier County Land Development
Code that reduce requirements for water, fertilizer, maintenance, and other needs shall be
required.
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 walls
and to utilize the natural cooling effects of the wind.
N. Provision for structural shading wherever practical when natural shading
cannot be used effectively.
O. Inclusion of porch or patio areas in residential units.
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P. Consideration by the project architectural review committee(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.
Q. The development will participate in Collier County's Single Stream
Recycling (SSR) program.
R. Lighting for streets, parking, recreation and other public areas shall
include energy efficient fluorescent/electronic ballasts, photovoltaics, low voltage lighting,
motion sensors and /or timers on lighting and full cut -off luminaries in fixtures that comply
with the International Dark -Sky Association.
S. The developer shall not prohibit potential home buyers to select
photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy
efficient features as an option at their own expense. The above conditions shall be reported in
the annual monitoring report.
T. Site development shall comply with the Florida Green Building Coalition
Certification Standards or equivalent green building standards, if required of all developers by
Collier County.
2. HISTORICAL /ARCHAEOLOGICAL
A. The Owner shall preserve in perpetuity the five archaeological sites
8CR556, 8CR878, 8CR881, 8CR879, and 8CR880 within Hacienda Lakes property and such
sites shall be recorded as denoted AP (Archaeological Preserve) on Sheets 3 -12 in the MPUD
Master Plan set. Such annotation (i.e., AP, Archaeological Preserve) shall appear on all
applicable plats, and development order site plans that may be proffered in the future that are
within 50 feet of the five defined archaeological sites.
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B. In areas where the archeological sites are located in the vicinity of
proposed development, a buffer or conservation easement, a minimum of 25 feet in width shall
be preserved, or upon approval of County equivalent protections, such as temporary fencing or
other structural barriers, shall be constructed around the archaeological sites.
C. The five archaeological sites shall remain undeveloped. An access
easement of 15 feet, outside the conservation easement, around the archaeological sites for
potential digs and further study shall be provided by the Owner upon County request at no cost
to County. Disturbance to these five protected archaeological sites may only occur with
County approval, and any disturbance shall only be permitted under the direct supervision of a
qualified archaeologist.
D. Historical /archeological areas shall not be used to meet preserve
requirements.
E. The Developer shall reasonably accommodate the Florida Division of
Historical Resource's (DHR) investigation of these sites by allowing access to the
archaeological sites by properly credentialed investigators, whenever such access can be
reasonably accommodated.
F. If any additional archaeological /historical sites are uncovered during the
proposed development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Owner 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.
3. HURRICANE EVACUATION/FLOODPLAINS
A. (1) The following supplies and equipment shall be purchased by the
Developer for Collier County Emergency Management in accordance with its specifications
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and in some cases sole source provider and delivered in new condition, free on board (FOB) to
the Collier County Emergency Services Center.
(2) The following contributions shall be a one -time contribution in full
mitigation of all requirements of the current project scope of the Hacienda Lakes DRI:
(a) Two (2) new 45kw towable portable generators with heavy
duty diesel engine, sound insulated, manufactured by Godwin Pump and Generator to exactly
match the supplies, equipment, and power distribution systems approved and currently in use; or
near the time of equipment acquisition by the Developer, as approved by the Collier County
Emergency Management Department. This is a sole source procurement to ensure compatibility
and parallel operations of generators within Collier County's existing fleet and insure the ability
to provide essential emergency portable power to additional evacuation shelter spaces consumed
by the increased shelter census created by the Hacienda Lakes DRI. Collier County will assume
all maintenance, repair, and replacement of these generators following satisfactory acceptance by
Collier County beyond the warranty period. Delivery of the first portable generator shall occur
prior to the issuance of the first residential certificate of occupancy. Delivery of the second
generator shall occur at the earlier of (i) 24 months from the issuance of the first residential
certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 3006 residential
unit within the development.
(b) Two (2) new enclosed utility trailers for the storage and
transport of the supplies noted above. Collier County will own and maintain these trailers and
augment them with other minor disaster supplies in a fashion similar to its current disaster
response unit (DRU) shelter supply delivery system. These trailers shall be new, from a Collier
County approved list of vendor(s) and be at least 16 feet in length, dual axle load rated at 7.000
lbs. with trailer brakes, with laminate finish interior wall and floor finish, cabinets, shelving and
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^` load secure devices, Florida Department of Transportation approved for highway use, dropdown
rear door and curbside door and extended tongue hitch length. At least one of the two trailers
noted above shall include interior AC wiring, lighting, a generator connection, circuit breaker
and roof mounted air conditioning to allow the empty trailer to be used for special post disaster
field offices, damage assessment and relief efforts identical to the County's existing fleet of
disaster supply trailers. Delivery of the utility trailers shall occur at the earlier of (i) 12 months
from the issuance of the first residential certificate of occupancy or (ii) the issuance of the
certificate of occupancy of the 150th residential unit within the development.
(c) Four hundred and twenty -two (422) new military type adult
folding disaster cots from a Collier County approved list of eligible vendors and approved type
and style. Said cots shall be compatible with Collier County's existing storage and delivery
systems and shall be provided at the earlier of (i) 48 months from the issuance of the first
residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy for the
1200th residential unit within the development.
(d) Seventy -two (72) new special needs disaster cots from a
Collier County approved list of eligible vendors and approved type and style. Said cots shall be
compatible with Collier County's existing storage and delivery systems and shall be provided at
the earlier of (i) 36 months from the issuance of the first residential certificate of occupancy, or
(ii) the issuance of the certificate of occupancy of the 900th residential unit within the
development.
(e) All deeds to property located within Hacienda Lakes shall
be accompanied by a disclosure statement in the form of a covenant stating that the property is
located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier
County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited.
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B. The Developer has provided off -site hurricane shelter mitigation for the /1—`1
Hacienda Lakes DRI per Paragraph A above pursuant to commitments made as a result of
negotiations with Collier County officials.
4. STORMWATER MANAGEMENT
A. The Hacienda Lakes DRI shall require a South. Florida Water Management
District ( SWFMD) Environmental Resource Permit for conceptual approval of the proposed
development, for construction and operation of the proposed surface water management
system, and for proposed impacts to onsite wetlands and other surface waters.
B. The Owner shall procure SFWMD Water Use Permits for the proposed
surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering
activities, as determined by the SFWMD, proposed for construction of project lakes and/or
road or building foundations.
C. At the time of permit application, the Owner shall provide verification that
the proposed system designs will meet SFWMD criteria in effect at that time.
D. During construction activities, the Developer shall employ best
management practices for erosion and sedimentation control. These practices shall be included
with or presented on all construction plans, and shall be subject to approval by the appropriate
agencies prior to their implementation.
E. Any construction 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 them removed upon completion of applicable construction.
F. The final stormwater management plan shall consider, as applicable,
measures to reduce runoff rates and volumes, including, but not limited to, fixed control 10—N
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n structures, perforated pipes, and grass swale conveyances. Swales are preferred and shall be
used, whenever possible, rather than closed systems.
G. Any banks created along the onsite stormwater management system shall
include .littoral zones constructed on slopes consistent with SFWMD and Collier County
requirements and shall be planted in native emergent or submergent aquatic vegetation.
H. The Developer shall conduct annual inspections of the Hacienda Lakes
Master Stormwater Management System and the preserved /enhanced wetland areas on the
project site so as to ensure that these areas are maintained in keeping 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 intended.
I. The Developer shall confirm to the satisfaction of all applicable federal,
state, and local review agencies, and the SFWMD, that the proposed stormwater management
system will not impact habitat of any state or federally listed plant and /or animal species
occurring on site, or that such impacts shall be mitigated to the benefit of regional populations
of those species.
J. The Developer shall undertake a regularly (every other month) scheduled
vacuum sweeping of all common streets and parking areas within the development, The
Developer shall encourage any private commercial parcel owners within the development to
institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas.
K. In areas adjacent to retail and office uses, the Developer or the individual
site developers, shall provide at least one -half inch of dry pre- treatment (retention or
detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in
order to provide reasonable assurance that hazardous material will not enter the stormwater
management system.
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L. 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 or appropriate native vegetation.
M. The grassed stormwater treatment areas shall be mowed as part of the
normal lawn maintenance of the development. Any debris that may accumulate in project
lakes,. ditches or swales, or which may interfere with the normal flow of water through
discharge structures and underdrain systems, shall be cleaned from the detention/retention
areas on a regular basis. Any erosion to banks shall be repaired immediately.
N. The best management practices matrix and techniques shall be used in the
Hacienda Lakes DRI, consistent with the requirements of the SFWMD.
O. Underdrain systems and grease baffles, if utilized within the Hacienda
Lakes 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.
P. Stormwater management system maintenance requirements shall include
removal of any mosquito - productive nuisance plant species (e.g., water lettuce, water hyacinth,
cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as
from the lake littoral zones employed in the system.
Q. To the extent consistent with applicable stormwater management system
and environmental regulations, any isolated wading bird pools constructed in lake littoral zones
shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators,
such as Gambusia affinis.
R. The Owner shall conduct a predevelopment determination of surface water
quality in the portion of the Henderson Creek Canal proximal to the Hacienda Lakes DRI. The
water quality parameters of total phosphorous, total nitrogen, biochemical oxygen demand,
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^` total suspended solids, lead, zinc, copper, and common lawn care pesticides shall be analyzed
by a licensed vendor on a monthly basis at two sampling locations. The water quality
monitoring program shall be conducted for an approximate five month period overlapping the
dry season and wet season.
S. Measures which will be utilized to mitigate potential adverse effects upon
surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRI will
include all proven effective best management practices (BMP's) which are appropriate at this
Hacienda Lakes DRI. More specifically, these shall include proper timing and minimum
applications of fertilizers, pesticides, and herbicides on the common areas of the property.
T. Best management practices shall also be utilized to mitigate any adverse
impacts from stormwater runoff. These BMP's shall include utilization of detention ponds,
vegetative systems such as grassed swales, and water quality inlets (e.g. oil /grit separators).
U. The proposed surface water management system shall consist of 5 basins.
Controlled discharge from basin 1, 2, 3, and 4 shall be to the large wetland located to the east
of the property with the following exception. The remaining basin 5 is the Junior Deputy
League and Swamp Buggy Basin, and this basin shall discharge to the Collier Boulevard Canal
in a manner generally consistent with the existing water management permit for the Swamp
Buggy and Junior Deputy League property.
The following is a summary of the Best Management Practices that will be utilized to
accomplish additional water quality treatment beyond what is required by SFWMD:
Construction Pollution Prevention Plan outlining construction techniques and
maintenance practices to reduce or eliminate the sources of stormwater pollution.
ii. Urban Stormwater Management Program of non-structural controls intended to
improve the quality of stormwater runoff at the source of contaminants.
iii. 54% additional stormwater runoff volume to be retained.
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iv. Phyto- Zones - Basins within the detention areas that provide an area for runoff into
the lake to disperse, so as to allow biological pretreatment.
V. Planted Littoral Zone - providing increased water quality by removing pollutant by
biological uptake of nutrients and other ions.
vi. Increased Flow Path - Locate inflow and outflow structures to maximize effective
treatment time.
V. Spreader Swale use as the last step in the discharge train to provide
additional water quality and decrease erosion, based on energy diffusion (spreading of discharge
over a grassed weir instead of discharging through a single pipe).
W. The project shall not substantially adversely impact the Rookery Bay
National Estuarine Research Reserve. Negative impacts shall be avoided by following all
regulations for water quality treatment and water quantity attenuation within The South Florida
Water Management District Basis of Review Volume IV. The project shall also go above and
beyond the water quality treatment by providing 150% of the required treatment. In addition, the
project has been reduced from 0.15 efs /acre per Collier County Ordinance 90 -10 to 0.06 cfs /acre.
X. Developer shall install several culverts under Sabal Palm Road to improve
the sheetflow across the Road from north to south.
Y. The master homeowner association, or community development district
shall maintain the stormwater management system.
Z. The stormwater management system of the project shall be consistent with
the recommendations of the Southwest Florida Regional Planning Council ( SWFRPC) with
regard to the use of fertilizers and stormwater treatment as described in resolutions SWFRPC 07-
01 and SWFRPC 08 -011, to the extent adopted by Collier County.
5. TRANSPORTATION
The following commitments shall be completed prior to the projected build -out
date, or a date that may be approved extending the projected build- out date.
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/---, A. The Developer shall provide efficient pedestrian and bicycle movement
n
within and between the development's components, and to adjacent properties as reasonably
deemed'necessary by Collier County.
B. The Developer shall promote transit service through the inclusion of bus
stops or other appropriate transit access points in site design, consistent with Collier County
transit plans.
C. The neighborhoods shall be developed with a multi -modal street system
that can accommodate pedestrians and bicyclists, thereby promoting alternative modes of
transportation and reducing greenhouse gas emissions.
D. All residences shall be within a two radial miles of the commercial land
uses.
E. For the purposes of the following commitments, it must be understood that
the property was divided into three main areas:
North area being north of The Lord's Way extension;
South area being south of Rattlesnake Hammock Road plus School;
Benfield Road Improvements.
The South area commitments shall be constructed in a sequential manner.
However, the rest of the commitments are not sequential and can be accomplished in no specific
order. Similarly, the three areas identified above are not required to be developed in a sequential
IiIRIMMA
SOUTH AREA
I. The Owner shall construct (here forward to mean "constructed to meet
minimum County requirements for acceptance "), at its sole expense without road impact fee
credits, the initial two lades (south side) of Rattlesnake Hammock Road Extension from C.R.951
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to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall
construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as
shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension
over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here
forward. to mean "completed construction to County minimum requirements, and reserved for
future conveyance to the County at the County's request. ") of all of such improvements, the
Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential
Pod A, or some combination of the two land uses. However, the total number of gross trips to be
generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the
event that Residential Pod A is developed, access to Pod A will be either an internal private
roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These
improvements and the areas allowed to develop upon completion of these improvements are
depicted in Figure 1, below. All of these improvements are site - related improvements.
Hacienda Lakes, DRI-2006-AR- 10 147
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Figure 1— Hacienda Lakes DRI - Commitment I
Legend
Existing Idnes,17urn Lanes
IL Lanes/- rn Lanes to be ConsTrurtec/Reromtructec!
Roadway Segment to be Constructed
Potential Areas to be Devetoued
Florida Power Line r
fl. T'he Owner shall construct, at its mvn expense and -without road impact fee
credits, Rattlesnake 11arnmock Road Extension fi-om I londa Power Line Easement to the road
leadini, into Swamp Buggy orounds (approximately 0.25 miles) and improve the bridge on
Rattlesnake I lammock Road Extension over the canal to the final �_,eometry as shown is Ficure 2.
bclovv. These improvements are site-related improvements. Upon completion of such
improvement, the Owner shall be allo\ved to develop the follo%,vini-, additional land uses: 20,000
Square Feet of General OfAce. and;
HsCicnda Lakes, ")RI. 2 '000-AR.10147
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50,000 Square Feet ol'Medical Office, and;
I35 Room I lote 1. uid,
Remaining poi-Lion of the 327,500 Square Feet of Retail (if applicable pursuant to
Commitment 1), and;
1), and;
Remaining portion of Residential Pod A (if applicable pursuant to Commitm.-nt
Required residential uses within Activity Center land use:
-flicse improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 2, below.
i I scienda Lakeq, 13RI-200 ,-AR- I0 147,
Approwi CC'I'C Consem - Rm 5,'I I
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Figure 2 — Hacienda Lakes DRI - Commitment If
D[ The {)woor mhuU construct. at its solo mxpuoxe` KuK|cuoakc Hammock
Road Extension f;nm the road leading into SnZLoIpBu'12ygouodukzthe future Beofic]d Road as
aInxo lane road, includina, construction of the Rattlesnake Hanin-iock Road Extension at Berifield
Road intersection. l]pon completion ofnooh i /VvenmcnL the (]xozcr shall be allowed 10
develop the following additional land uses:
919 Student Elementary SI-hool. and;
Residential Pod B.
/laciarid" om-20*-Au10141
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Legend
Ex'&Ting Lanes/ Turn Lanes
Roadway Sermen, Previously Constructed
Roa dway Segment to be Constrac'ed
Area Prevlou.;tv Developed
--j Area to be Developed
Powrina Area to be Developed
Ir
Rattlesnake Hammock Road'Ertension
Residential
Floricla Power
Line Easement
D[ The {)woor mhuU construct. at its solo mxpuoxe` KuK|cuoakc Hammock
Road Extension f;nm the road leading into SnZLoIpBu'12ygouodukzthe future Beofic]d Road as
aInxo lane road, includina, construction of the Rattlesnake Hanin-iock Road Extension at Berifield
Road intersection. l]pon completion ofnooh i /VvenmcnL the (]xozcr shall be allowed 10
develop the following additional land uses:
919 Student Elementary SI-hool. and;
Residential Pod B.
/laciarid" om-20*-Au10141
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Since only a portion of the capacity to be provided by this two lane section will be
consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to
50% of the cost of this improvement. The cost of this improvement will be determined at the
time of construction, and shall include the fair market value of the land or casement kN;hcn the
Owner conveys the road right-of-way to The County. free and clear of liens and encumbrances.
Fair market value has been determined to be $30,000 per acre. This improvement and The area
allowed to develop upon completion of this improvement are depicted in Fi2ffe 3% below. Fifty
percent (.50%) of the cost of this improvement is deemed asite-related improvement.
I lwcwndo I akei;. 7RI-2006-AR-10 147
.�Pprowd CC1'C Com,al, Re%, (X),"ji,'i I
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Figure 3 — Hacienda Lakes DRI - Commitment III
NORTI I AREA
IV. With no improvement other than a bridge to be constructed by the Owner.
of its sole cost and without road irnp<xei fee credit, over the water canal that runs parallel to
C.R.951 at the northern project site access, the Owner shall be allovved to develop Residential
Pod C (not to exceed 300 PM peak hour trips at [lie connection to C.R.9-5 I). This improvement
and the area allowed to develop upon completion of this improvement are depicted in Figure, 4,
Haciendzi kake,,, DRI-2006-AR-10147
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below. At no time will the County accept ownership of this bridge. This improvement is a site-
related improvement.
I Figure 4 — Hacienda Lakes DRI - Commitment IV
Rattlesnake Hammock Road'Exte-nsion
Residential
Pod A
Legend
Existing Lana,,,/Turn Lanes
tv be Cor15:T
Ro7dyva,,, Segment Previo-Wv Cw-izrru:,.ed
RMOWaV SPFM(:"1t tP 11' COnSMINOC,
Area Previously Deve!opfed
Crca to be Dcvc1upLd
V. The Owner shall, at its sole expense and without road impact fee credits.
complete the reconstruction Of 'I"110 Lord's Way from C.R-95 I to Florida Power Line Easement
and construct the extension of Tht I.,ord*s Way from Florida Power Line Easement LO the WeSt
entrance to the Business Park- with a iNvo lane undivided cross -section. In addition, \vhen the
1 JaZiZildil LULL-S, DR J-2606-AR-1,'I 14'
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Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost
of the signalization of this intersection will be shared among proportionately the Owner and
I a-,
other developments located in the area (cast and west of C.R.951) and at no cost to Collier
County and without road irnpact fee credits. Upon completion of such road improvement, the
OvNiier shall be allowed to develop the following additional land uses:
Business Park, and;
Residential Pod D.
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 5. below.
%Vhen the DR-1 has received certificates of occupancy for 66 percent of the total
commercial and residential development authorized by the LORI.. Collier County will perform an
evaluation and inform the Owner if it is necessary to convey road right -of -,vay to the County for
the section of The Lord's Way Extension from the west entrance to tile Business Park!'School to
Ben-field Road. If Collier County requests the road ri At-of-way, the Ov,,ner shall convely by
road easement to the County the needed road right-of-way up to a width of 60 feet free and clear
of all liens and encumbrances and shall receive impact fee credits equal to 100 percent of the fair
market value of the road easement conveyed to the County -which has been determined to be
'30,000 per acre. No further certificates (if Occupancy shall 'i,)e issued Lintil the road easement
conveyance is recorded in the public records of Collier County. If this segment of The Lord's
Way is not deemed necessary (throuvh documentation. or lack thereof. in the LRTP or the CIE)
by the time the developmcnt achieves 66 percent of the total approved development quantities,
this commitment shall be considered expired.
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Legend
Roadway Segrim,,t to be Construted
BENFELD ROAD UDyDOV£kIENTS
\1. The0�Nmcr shall cnn���at its sole expense B��dRoad from
Rattlesnake Hammock Road Extension to the entrance nfDesidential I)odE with u two lane
undivided cross section and rcsen� the ri ' f-nnY necessary for the GuH/ 4 }uno divided cross
section. Residential Yudl6 shall bcconnected iuocnnmistcn{ manner v/hb the {buoty`8right-of-
way reservation plans or construction plans for future 8eofic|d Road szul|oou. Cpuo completion
of such improvement and acceptance by Collier County of the ionpn`vccocnzo, the Ovmnccsbo1]
/ucie"u^L"k=`'mx/'smx'^x 'o,*/
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10U11/2011 Item 8.C.
convev VV the a road easement for the road riubt-0f-o'a» needed fb7 this section of
8eoficld Road up to u width Vfl20 feet free and clear ofall Ucas and encumbrances. [J[mn
recordation of the road cuoon)cnt in the public records of Collier County, the (}wocr obol
receive road impact fee credits for 50% of the fair market value ofthe road casetnent necessary
for this section ofRenfic}d Road and for the increase in cost renu\dna from the construction of
the road acoordiiigTo County Standards (arterial) instead ofuaulocal subdivision road. The fair
market value oy5O%Df the road d-lit 0[-v/ovoaseznemtO the County has been determined tOhe
S]0,08Operacre.Fiby percent (5U96)of the fair market value oy the road ri gh1-pf-p/myeasement
and the total cost of the icupn>pozuers are site-related irnpnuTerneOto. The cost of this
inmprovconcn1 will be dctcnniucd at the time of construction. Upon cooupiudun Of xuch
>nlpn)rcnneot, the Owner shall be allowed tV develop the following additional land uses:
Residential Pod E.
These improvements and the area allowed no develop upon completion of this improvement are
depicted in Fiourc 6. beloNv.
o=="�Lnl,�K.om-2mm-^nmw,
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Figure 6 — Hacienda Lakes DRI - Commitment V1
pal"
Rc, idenbal 7'c E
•f -% ,A : ry r 7r�.'
4-
V11. Benrield Poad South of Rattlesnake Hammock Extension and north of
Residential. Pod E connection to Berifield Road: the Owner -%vill Convey right-of-%vay to Collier
County by road casement for Benficid Road on areas not to be built by ON-N-ner Lip to a width of
120 feet free and clear of all lixis and encumbrances. Upon such conve-vanco. Collier County
will provide road impact fees credits for 100"i; of the flair market value of the road easement,
The value of the right-of lvvay has becri determined to be 510,000 per acre, The area to be
conveyed is depicted in Figure 7, below,
1 lau wnda L.Aes, DRt- 2006 -AR -101-0 7
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re 7 - Havencia LaKM UKI - LOMMITMCM V11
NIT11. Benfield Road South of Sabal Palin Road: the Owner shall convey by road
casement to the County the right-of-way needed for the future construction of Benfield Road
south of Saba] Palm Road (approNirnately 1.00 mile) up to a width of 1 '20 feet free and clear of
all Hens and enc,Umbrances and at no e,,pense to the County. In addition. the Owner shall receive
no impact fee credits for such right-of-way convleyance, The area to be dedicated is depleted in
Figure 8. below.
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11age 29 of -56
Sz
Pod A
LeMnd
IL
NIT11. Benfield Road South of Sabal Palin Road: the Owner shall convey by road
casement to the County the right-of-way needed for the future construction of Benfield Road
south of Saba] Palm Road (approNirnately 1.00 mile) up to a width of 1 '20 feet free and clear of
all Hens and enc,Umbrances and at no e,,pense to the County. In addition. the Owner shall receive
no impact fee credits for such right-of-way convleyance, The area to be dedicated is depleted in
Figure 8. below.
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10/11/2011 Item 8.C.
I Figure$ — Hacienda Lakes DRI - Commitment Vill
Legend
IX. As part of its State and Federal permits. the 0,vncr shall pay for initlUaLi011
I -
required for and State or Federal environmental impacts arising frOrn the permiLtirl" for portion.,-,
of Benfield Road described in Commitments VI and V11. In addition to this commitment. the
I l
Owner shall at no cost to County either: (1) Convey drainage casernent(s) to the Cor� tsar icit* un
stormvvater mana- ment facility needs free and clear of all liens and encumbrances. or (2) agree
to accept stornmatcr from Bonficld Road into thin Project's storrnwater managenient syst",11,1.
These are site - related contribLitiOn-S,
Hzcicjida Lakes. DKl--'006-AK:-1 01-17
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n F. At two thresholds during construction of this DRI, the Owner shall
provide to Collier County a transportation analysis which compares the value of the Owner's
contribution to the County's public road network against the DRI's proportionate share (as
defined in the State of Florida's HB 7207) of impacted County and State road segments. if
Owner's contribution is less than its impact based on the transportation analysis, then Owner
shall pay to County the difference in three installments starting 90 days after the transportation
analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The
transportation contribution by the Developer shall be defined as the sum of all road impact fees
paid to date, the costs of the non site - related transportation improvements (those receiving road
impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the
value of any road right -of -way conveyance by donation to the County, unless otherwise
calculated as an impact fee credit. The first transportation analysis shall be submitted to the
n
County when 33% of approved development trips (1,109 total gross trips) have been permitted
based on building permit issuance, without projecting forward growth. The second transportation
analysis will be submitted when 66% of the approved development trips (2,219 total gross trips)
have been permitted based on building permit issuance, with a projection toward build out. The
second analysis and reconciliation will finalize any transportation related assessments owed by
the Developer for the build out of the Project. With the annual PUD monitoring report,
Developer shall provide an annual trip generation analysis of trips approved by Site
Development Plan approval and building permit issuance compared to total trips approved within
the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the
transportation analysis described in this paragraph within six months. No certificates of
occupancy shall be issued until the traffic analysis and annual trip generation analysis required
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by this paragraph and any payments due have been delivered to County, unless the BCC grants
an extension.
G. DRI traffic studies identified an off -site impact at the interchange of I -75
and S.R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound
S.R. 951 to westbound (northbound) I -75 turning movement. Assessments of this operation in
2011 indicate that changes to lane usage and signage could augment the acceptable operation of
the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant
(exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation.
When the first transportation analysis required under section 51. is undertaken (e.g. at 33
percent of site traffic generation), the existing traffic flow and level of service at this location
will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is
confirmed and the intersection is, or will be, operating at an unacceptable level of service as
determined by County or FDOT, then the Developer will identify a solution to offset its impacts
and/or restore acceptable operating conditions, and contribute its proportionate share, per section
S.F., of the cost of the improvement to the appropriate government agency. If a proportionate
share payment is identified as needed, the owner shall receive road impact fee credits for 100
percent of this contribution.
H. If Owner conveys to County mitigated land for the real property
conveyances described in Subsections III, V, VI and VII of this Article 5, Transportation, then
Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal
environmental mitigation, as a cost of construction for public facilities. The value of the
mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of
the environmental impacts including wetland and wildlife impacts divided by the impacted
acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify
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/'%. this cost. The cost of State and Federal mitigation shall include land costs for onsite preserves
used for mitigation, environmental permitting costs, exotic removal, enhancement of
preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation
activity required in the Army Corps of Engineers permit and South Florida Water Management
District permit for the project in order to address the project's mitigation. State and Federal
mitigation does not include County required mitigation. In lieu of transportation impact fee
credits for environmental mitigation, the County reserves the right to transfer to Developer or
Owner County -owned State or Federal panther and wetlands credits equal to the value of the
transportation impact fee credits calculated. pursuant to this Subsection H.
6. VEGETATION AND WILDLIFE/WETLANDS
A. The Hacienda Lakes DRI shall preserve no less than 982.89 acres of
1_ � native vegetation.
B. The need for wildlife crossings and fencing designs for roadways crossing
of the preserve areas shall be reviewed by the U.S. Fish and Wildlife Service (FWS) and the
Florida Fish and Wildlife Conservation Commission ( "FFWCC ") as part of the ERP permit
process.
C. Review of State listed species and habitat impacts /mitigation shall be
addressed in coordination with FFWCC during the ERP permit process based on specific site
plan details. At a minimum, the draft Hacienda Lakes Preserve Area Management Plan
submitted on March 18, 2011, shall be implemented for the preserve areas shown in the master
plan Exhibit `B ".
D. The Owner shall enhance the preserved wetlands and the wetland
hydroperiods and shall maintain them to provide for the natural wet and dry cycles, providing
foraging and habitat for wading birds.
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E. The Owner shall enhance wetland and upland areas to include the hand -
removal of exotic and nuisance vegetation and supplemental plantings installed in areas with
greater than 50 percent exotic coverage.
F. The Owner shall preserve, enhance, and place in a conservation easement
the 1,544± acres of preserves, including approximately 73 percent (1,28' )± acres) of the wetlands
on -site. In addition, 3± acres of SFWMD Other Surface Waters shall be enhanced and preserved,
and shall be placed in a conservation easement or other equivalent deed restriction with
inspection, enforcement, and approval rights granted to the SFWMD. Approximately 982.89
acres of the preserve is required native vegetation (by Collier County), that shall be preserved,
enhanced and placed in a conservation easement in favor of Collier County, but maintained. by
Owner.
G. Prior to commencement of construction, the limits of wetland preserves
shall be staked and roped to prevent encroachment by construction activities. In addition, best
management practices for erosion control shall be implemented during construction of the
project. Prior to commencement of construction, erosion control devices shall be installed where
appropriate to control and reduce soil erosion, sediment transport, and turbidity. Such devices,
which include haybale barriers, silt fencing, sediment booms, and temporary sediment traps,
shall remain in place throughout the duration of construction until construction zones and
surrounding areas are stabilized.
H. The on -site wetland preserves shall be enhanced through exotic removal
and supplemental plantings, which will result in preserves that are more suitable as foraging
habitats for the listed wading birds observed on -site, as well as providing potential roosting
areas.
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10"N' I. Where a minimum 15f foot upland buffer adjacent to wetland preserves is
not feasible, structural buffers as set forth in the SFWMD's Basis for Review shall be provided.
Structural buffers planted with native vegetation will be used throughout the Project along all
areas that border wetland preserve areas to restrict access from the development to the preserve
area. Generally, in areas where development is located adjacent to the conservation area or the
property line, the structural buffer will be a 15 -foot wide berm planted on the back slope with
native tree, shrub, and ground cover vegetation.
J. Emergent wetland acres shall. be increased through the planting of littoral
zones in the lakes created as part of the development.
K. Enhancement of the wetland and upland preserves shall include the
removal of exotic vegetation such as melaleuca, Brazilian pepper, and downy rose myrtle. F,xotic
vegetation removal shall be done by hand removal. In general, the exotics shall be treated in
place with an appropriate herbicide and left standing, or exotics shall be cut, the cut vegetation
removed or stacked in place, and the remaining stump treated with an appropriate herbicide.
Supplemental plantings of native vegetation shall be installed in areas of greater than 50 percent
exotic coverage. In addition, as part of the mitigation plan, areas of degraded wetlands,
including monocultures of melaleuca, shall be enhanced through the mechanical removal of
exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for
these areas will include the establishment of marshes for wading bird foraging habitat. These
marshes shall be graded to varying depths to allow the concentration of prey for wading birds at
alternating times of the year as water levels seasonally rise and recede. The surface water
management system shall be designed to maintain appropriate wetland hydroperiods within the
enhancement areas. The wetland hydroperiods shall be maintained to provide for the natural wet
n and dry cycles, to provide foraging for wading birds.
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L. In addition to Paragraph A above, native landscaping shall be used to meet
the criteria of Sub - section 4.06.05 D. La., of the Collier County Land Development Code which
requires 75% of the required trees and 50% of the required shrubs to be native plants.
M. According to the Listed Species Management Plan (revised May 2011),
the wetland and upland preserves, excluding reserved right -of -ways and access easements, will
be placed in a conservation easement or equivalent deed restriction with inspection, enforcement,
and approval rights granted to the South Florida Water Management District (SFWMD). The
date(s), receiver of the easement or deed title, and record reference for each conservation
easement or fee - simple donation of conservation /preservation areas filed will be provided at the
time of filing to the SWFRPC and referenced in the biennial DRI report.
N. Review of federal listed species and habitat impacts /mitigation shall be
addressed in coordination with the USFWS during the USACOE permit process or as Section 10
reviews based on specific site plan details. At a minimum, the Hacienda Lakes Preserve Area
Management Plan dated May, 2011, shall be implemented for the preserve areas shown in the
master plan Exhibit "B" and the measures recommended by the USFWS in consultation with the
USACOE for conservation of the Florida panther, wood stork, red - cockaded woodpecker,
eastern indigo snake, and any other federal listed species encountered will be employed to avoid
and minimize the proposed project's impact on both individual animals and their habitats. The
mitigation plan for unavoidable impacts to these species, including the location, management
plan, and method of assurance of permanent protection and management for these listed species
and proposed actions that would minimize the likelihood of adverse human/animal interactions
will be reported in the Hacienda Lakes Preserve Area Management Plan and revisions thereof.
O. The initial habitat restoration and preservation efforts will be conducted by
the Developer prior to the anticipated deeding of the lands to the State.
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P. The Owner anticipates deeding portions of the preserves to the State in
order to complement the adjacent Picayune Strand State Forest. The preserve areas would be
maintained in accordance with the Wetland Mitigation /Monitoring/Maintenance Plan (to be
approved as part of SFWMD Environmental Resource Permit Application 1001.26 -5) and
managed to provide habitat for listed species. In the event that the transfer of ownership to the
State does not occur, the responsibility of perpetual management for these conservation areas
would become the responsibility of a Home Owners Association (HOA) or another similar
entity. In this case, the contract of responsibility for the HOA shall include a mechanism for
perpetual funding, assurances that the approved management plan would be followed, and
assurances that management activities would be conducted by a qualified entity.
Q. Developer shall coordinate pedestrian access and horse trails leading to
and through the Picayune Strand with the owner of the Picayune Strand.
7. UTILITIES — COLLIER COUNTY NVATER SEWER DISTRICT (CCWSD)
INFRASTRUCTURE
A. In accordance with the current Collier County 2008 Water and Sewer
Master Plan Update, the parties acknowledge that the Hacienda Lakes development may be
located within the Collier County Water -Sewer District Boundaries, and; upon Board of
County Commissioners approval of this Development Order Resolution , the Collier County
Consolidated Impact Fee Ordinance shall apply.
B. Developer shall follow existing well field protection requirements
identified in the Collier County Land Development Code (LDC) in Section 3.06.00. Developer
shall show all well sites and pipeline easements located on and close to this development on all
future site development plans (SDP), plans and plats (PPL) and any other site plan
applications.
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C. The project shall connect to the CCWSD potable water system at a �
location determined by CCWSD, when capacity is available..
D. The project shall connect to the CCWSD wastewater collection and
conveyance system at a location determined by CCWSD, when capacity is available.
E. The project shall connect to the CCWSD Irrigation Quality water system
at a location determined by CCWSD, when capacity is available.
F. Should the Collier County Water -Sewer District determine that it does not
have sufficient capacity to serve the project, the Developer shall either construct interim
potable water, wastewater treatment and/or non - potable water facilities, or shall postpone
development until such time as the Collier County Water -Sewer District service capacity is
available to service the project. Any interim facilities constructed by the Developer shall be
constructed to Collier County Utilities Division Standards, and shall be dismantled, at the
Developer's expense, upon connection to the Collier County Water -Sewer District facilities.
Whether potable water, wastewater treatment and/or non - potable water facilities are provided
onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is
available at the time of final utilities plan submittal.
G. Temporary septic systems may be utilized in conjunction with
construction and sales offices, model homes, and rest shelters. Septic systems shall not be
allowed onsite, other than for construction and sales offices, model homes and rest shelters.
All temporary septic systems shall be properly abandoned and/or removed by a professional
licensed to install and remove septic systems at the time when permanent or interim
wastewater treatment facilities become available.
H. All utility facilities shall be designed and constructed in accordance with
Ordinance 2004 -31, and any amendments or successors thereto. Prior to commencement of
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construction all design and construction documents pertaining to utility facilities shall be
reviewed and approved by the CCWSD.
(1) The utility facility shall include but not be limited to: all
construction plans, technical specifications and proposed plats, as applicable, for the proposed
water distribution systems, wastewater collection and conveyance systems, irrigation quality
distribution systems and any possible onsite treatment facilities.
1. All potable water infrastructures shall be conveyed to the CCWSD.
J. All wastewater collection and conveyance infrastructure shall be conveyed
to the CCWSD.
K. All customers shall be customers of the Collier County Water Sewer
District.
10"N, 8. EMERGENCY, POLICE AND FIRE PROTECTION.
A. The Developer shall meet with the Sheriff's Department prior to initial
construction, and again at least every 24- months thereafter, if requested by the Sheriff, to
establish programs and incorporate crime prevention measures during each phase of the site
development process. Written results of any meeting(s) shall be provided as a part of the local
development order application.
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. (1) In order to mitigate for the project impacts and demand on
Emergency Medical Services (EMS), the Developer shall provide a one acre parcel to Collier
County. Such public facility site is identified as "PF ": on Maps H -2 and H -3 of Exhibit "B ".
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(2) The dedication of the one acre site shall be by deed to Collier
County at no cost to Collier County and is subject to an Emergency Medical Services Impact Fee
credit based on the fair market value of the donated property.
(3) The valuation of the one acre site dedication has been determined
to be $30,000 per acre, and such dedication shall occur at the earliest of (i) 48 months from the
issuance of the first residential certificate of occupancy, or (ii) no later than at the time the 500t'
residential unit is included in a development order application (site development plan, or plat),
subsequent to the adoption of the DRI Development Order.
(4) If Owner conveys to County mitigated land for the real property
conveyances described in this Article 8, Emergency, Police and Fire Protection, then Owner shall
be entitled to an EMS impact fee credit for the value of the mitigation, as a cost of construction
for public facilities. The value of the mitigation shall be a per acre value calculated at the total
cost of state and federal mitigation of the environmental impacts including wetland and wildlife
impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation
acceptable to the County to verify this cost. The cost of State and Federal mitigation shall
include land costs for onsite preserves used for mitigation, environmental permitting costs, exotic
removal, enhancement of preservation lands, creation of wildlife habitat, hydrological
improvements and any mitigation activity required in the Army Corps of Engineers permit and
South Florida Water Management District permit for the project in order to address the project's
mitigation. State and Federal mitigation does not include County required mitigation. In lieu of
EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to
Developer or Owner County -owned State or Federal panther and wetlands credits equal to the
value of the EMS impact fee credits calculated pursuant to this paragraph.
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n D. Facilities qualifying under the Superfund Amendments Reauthorization
Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and
Community Right to Know Act of 1988, shall file hazardous materials reporting applications in
accordance with Sections 302, 303 ,304, 311, 312, or 313 thereof. Applications shall be updated
annually by each reporting facility.
E. Any on -site facilities with commercial pool operations shall comply with
appropriate codes and statutes including required safety measures such as chemical sensors,
internal alarm systems, or emergency shutdown systems.
F. During the site planning process, a utility master plan shall be developed
that will address fire flow and the fire districts shall be consulted during the preparation of the
plan.
G. Portions of the commercial and residential developments may utilize
natural gas as a source of energy. Coordination with the local fire departments shall occur for
those developments through the site plan review process.
H. Appropriate Crime Prevention Through Environmental Design (CPTED)
strategies, as adopted by Collier County, shall be used when designing sites, buildings, streets,
signs, landscaping and parking, and the County may submit such designs to the Sheriffs Office
for comments and consideration during the County's site plan review process.
I. The Developer shall coordinate with Collier County Public Utilities to
ensure underground gas lines drawings are provided to the responding Fire Departments.
9. PHASING
The project shall be developed in one overall phase that will include the entire
development program. The phasing schedule is set forth on Exhibit `B ", MAPS H -2 through
H -4
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10. SOLID/HAZARDOUS/MEDICAL WASTE
A. The Developer shall incorporate the solid waste demands of the project
into the county solid waste management program and all development components (i.e.:
residential, commercial et al) shall participate in all conservation practices such as recycling,
trash compaction, and mechanical shredding.
B. Any business located within the Hacienda Lakes DRI, which generates
hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17- 730.030,
Florida Administrative Code), shall be responsible for the temporary storage, siting and proper
disposal of the hazardous waste generated by such businesses. However, there shall be no siting
of hazardous waste storage facilities contrary to Collier County Zoning Regulations.
C. The Project shall be bound by all applicable recycling requirements
effective in Collier County at the time of the development.
D. Areas within buildings where hazardous materials or waste are to be used,
displayed, handled, generated or stored shall be constructed with impervious floors, with
adequate floor drains leading to separate impervious holding facilities which are adequate to
contain and safely facilitate cleanup of any spill, leakage, or contaminated water.
E. Discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by permit issued by the Florida Department of Environmental
Protection.
F. All hazardous materials shall be handled, stored and applied in accordance
with applicable regulations.
G. All commercial uses shall meet Federal, State and local hazardous
materials' compliance requirements.
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/0-IN H. The local fire departments shall be informed, through the local
government development order process, of any development where natural gas is to be used.
I. There shall be no discharge of medical waste from medical facilities into
the sewage system.
J. Grease traps shall be required to comply with local and state codes.
Additionally, the captured grease is to be hauled off by a licensed hauler.
I L SCHOOL SITE
As set forth in a tri -party Developer Contribution Agreement, the Owner shall, no
later than the issuance of the 500th residential building permit, dedicate to the District School
Board of Collier County a 19.55 acre elementary school site, or less if agreed to by the School
Board within the Hacienda Lakes DRI with the following characteristics:
(a) A school site of 19.55 developable acres, or less if agreed to by the School
Board, with wetland impact mitigated on the site as approved by permitting agencies, shall be
provided for within the DRI;
(b) Water and sewer connections shall be available at site.
(c) The site shall accommodate typical 900 + /- student capacity elementary
school, with other facility requirements such as parking, sidewalks, eater management,
recreational facilities and other standard facilities.
(d) The site shall be zoned for School use as part of the overall approval for
the Hacienda Lakes DRI/MPUD.
(e) The site location will be in lands designated Urban Residential Fringe in
the County's Future Land Use Element, that is west of the one mile line east from County Road
951.
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(f) Students residing within the project shall be within 1.5 miles of the school 11-11
(g) The Developer shall attempt to keep the school's frontage road(s) at 2
lanes for safer walking conditions.
(h) The school site shall have direct legal access to a public road right -of -way.
(i) School District acceptance of the dedication shall be contingent upon
School Board approval and a satisfactory site feasibility study demonstrating that the land is
suitable for the School District's intended use as an elementary school site with appropriate
environmental conditions, usable acreage and direct legal access.
(j) It is anticipated that there will be no concurrency issues at the time of
development, but the project will be subject to school concurrency at the time of site
development plan review. A preliminary school impact analysis estimating the total number of
students by housing type generated by the Hacienda Lakes DRIWUD is estimated in the table
below.
Proposal: Estimated Number of Students Generated by Housing Type
Dwelling
Unit Type
Units
Elementary
Middle
High
Total
Students
Single Family
704
112.64
70.40
84.48
267.52
Multifamily
1056
211.20
84.48
95.04
390.72
Mobile Home
Condo/Coop
0.00
0.00
0.00
0.00
Government
Total
1760 1
_
324
_
, 155 1
180 1
658
(k) The Owner shall be compensated for the school site by way of school
impact fee credits as set forth in a Tri -party Developer Contribution Agreement, the amount
determined upon land valuation under a mutually agreed Land appraisal mechanism and valuation
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/'*N described in such Agreement to be negotiated within two years of the approval of this
development order.
(1) Public facilities such as parks, libraries and community centers shall be
permitted to be collocated with schools. The Elementary school shall be encouraged as focal
points for neighborhoods.
12. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN
A. Collier County has determined that the Hacienda Lakes DR.I project is
consistent with the Collier County Comprehensive Plan and that the project's phasing is
consistent with the County's Concurrency Management System relative to public facilities
necessary to support the project.
B. The project furthers the Rural Fringe Mixed Use District objectives by
severing Transfer of Development Rights ( "TDRs ") from approximately 1,517 acres of lands
designated Sending Lands on the FLUM. "Those Sending Lands which generate the TDRs will
be placed under a permanent conservation mechanism and ultimately be deeded to a public
entity, if accepted by them.
C. The residential density of the proposed PUD is in compliance with the
Density Rating System of the Future Land Use Element (FLUE), and is limited to 1,760 single-
family and multi - family residential units. The overall Project gross density will not exceed 0.78
dwelling units per acre.
D. Owner and Developer will implement Policy 3.1 of the FLUE through on-
site well field protection measures, preservation of Natural Resource Protection Area (NRPA)
lands within the Project, preservation of archaeological sites within the Project, and the safe and
convenient vehicular and pedestrian movement within the Project.
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E. Owner and Developer will implement Policy 5.6 of the FLUE through the ^
use of clustered development and utilization of the TDR program within the Rural Fringe Mixed
Use District.
F. Owner and Developer will implement Policies 7.1, 7.2, 7.3, and 7.4 of the
FLUE by providing for vehicular and pedestrian interconnections with off -site public roadways
and adjacent greenways. Additionally, public access and roadway easements will not be vacated
to preclude access to off -site private and public lands.
13. RECREATION AND OPEN SPACE
A. Recreational facilities and open space will include the Florida Sports Park
Swamp Buggy grounds and arena, Junior Deputy passive recreational area, lakes, trails and
preserves, as well as community recreation and social spaces integrated into the residential
development areas. Map I1 locates the preserves, lakes, passive recreation site, and the attraction
(Swamp Buggy), but does not include open spaces within individual tracts.
B. The following land uses would be permitted in the Junior Deputy Tract of
the Mixed -Use Planned Unit Development:
a. Principal Uses:
i. Open space and recreational uses;
ii. Hiking, biking, fishing, boating, camping, picnicking and nature trails;
iii. Sporting and recreational camps;
iv. Caretaker's residence, limited to two for the JD designated area:
V. Wetland preserves;
vi. Upland preserves.
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I ^ b. Accessory Uses:
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i. Accessory uses and structures customarily associated with the permitted
principal uses and structures, including, but not limited to:
ii. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing
platforms, educational signs, kiosks, and docks or platforms for launching and mooring or
storage of non - motorized vessels utilizing movable storage racks;
iii. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is
roofed, and may, or may not be enclosed with screen plastic sheeting, or walls), which may
include kitchen/cooking facilities, office and restroom facilities;
iv. Passive parks and passive recreational uses;
V. Pervious roads, driveways, and pervious and/or impervious parking
facilities;
vi. Project identification and directional signage;
vii. Water management structures in accordance with Collier County,
SFWMD, DEP, and USACOE permitting requirements;
viii. Restrooms/bath houses:
ix. Roofed or unroofed storage for maintenance and recreational equipment;
X. Fencing and security gates, which may include barbed wire;
xi. Archery and air rifle range(s).
C. Public access to this Project's Preserve Tract will be consistent with the
State's Management Plan, upon conveyance to a public agency.
D. The Hacienda Lakes DR.i will not impact a recreation trail designated
pursuant to Chapter 260, F. S., and Chapter 16D -7, F.A.C.
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E. No parks and/or open space will be dedicated to the County. However, up
to 1,549 acres of natural preserve area is intended to be dedicated to the State. The Hacienda
Lakes DRI will provide a long -term restoration and maintenance program for its onsite open
space and recreation lands.
F. The development of the Hacienda Lakes DRI will be consistent with the
goals, objectives and policies of the Collier County Growth Management Plan through the
implementation of the County's Transfer of Development Rights program (TDR). The criteria
for utilizing the TDR program will address the goals of the Natural Resources Element of the
Strategic Regional Policy Plan through implementation of restoration, provision for maintenance,
and dedication of high quality natural areas. The lands intended to be dedicated to the State will
provide for recreation opportunities and open spaces as contemplated by the local and regional
policy.
G. The Developer, at a minimum, shall comply with Collier County Level Of
Service requirements at the time of Development Order issuance.
H. As a part of the biennial monitoring process, the Developer shall identify
compliance with the requirements listed above.
14. MPUD DOCUMENT
There is a MPUD Document (Ordinance ) approved by the Collier
County Board of County Commissioners on
which also governs the
Hacienda Lakes DRI. The Developer acknowledges that the conditions and commitments of the
PUD Document also govern the development and use of property within the Hacienda Lakes
DRI, even though the MPUD Document (Ordinance ) is specifically not made a part
of this Development order.
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n 15. GENERAL CONSIDERATIONS
10/11/2011 Item 8.C.
A. All commitments and impact mitigating actions provided by the Owner
within the Application of Development Approval (and supplementary documents) may be used
to interpret specific conditions for DRI approval outlined above if officially adopted as
conditions for approval.
B. The Developer shall submit a biennial report on this Development of
Regional Impact to Collier County, the Southwest Florida Regional Planning Council, the
Department of Community Affairs and all affected permit agencies as required in subsection
380.06(1$), Florida Statutes.
C. The development is on a one Phase schedule as set forth on Exhibit `B"
Maps H -2 through H -4. If Development Order conditions and Developer commitments
incorporated within the Development Order, ADA or sufficiency round responses to mitigate
regional impacts are not carried out as indicated to the extent or in accord with the timing
schedules specified within the Development Order and this phasing schedule, then this shall be
presumed to be a substantial deviation for the affected regional issue unless otherwise provided
in 2011 -139, Laws of Florida (2011).
D. If Collier County, during the course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval of the
Development Order have occurred or that the Development Order was based on 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's official recommendations for the Hacienda
Lakes DRI shall be used as a guide by Collier County in determining additional substantial
n regional impacts.
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E. The following land use conversions are anticipated within the DR1:
(1) 1.0 residential unit equates to 2.73 Recreational Vehicle
units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Care Units (not
to exceed 450 Senior Housing Care Units in the entire PUD).
(2) Up to 1,232 of the total 1,760 residential units may be multi - family
as defined in the Land Development Code.
(3) Non - residential land use conversions may include: a conversion of
retail allocation to office allocation at a one to one (1:1) ratio, not to exceed 25% of the retail
land use allocation; and from the hotel allocation of 92,000 square feet to 60,000 square feet of
Business Park land uses if no hotel is developed in the DRI. In no event shall the DRI exceed
3,328 PM Peak Hour Trips. Any land use change that would result in an aggregate project traffic
impact greater than 3,328 PM Peak Hour Trips shall require the fling of a Notice of Proposed
Change, if required by applicable law at the time.
(4) If any conversions are used, Developer shall provide written
notification to S WFRPC and the Florida Department of Economic Opportunity.
16. APPLICATION OF THIS DEVELOPMENT ORDER
A. For the purposes of this Development Order, the "Owner" commitments
set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and /or assigns.
The "Owner" commitments below shall not be enforceable upon Swamp Buggy, Inc., nor Collier
County Junior Deputies League, Inc., except to the extent it is a requirement related to the land
owned by same. The commitments may only be assigned by written notice to the Growth
Management Division Administrator and confirmation that the Administrator has received such
notice.
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n B. One entity (hereinafter the Managing Entity) shall be responsible for PUD and
DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for
satisfying all PUD/DRI commitments until close -out of the PUD and DRI. At the time of this
PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity, then it must
provide a copy of a legally binding document that needs to be approved for legal sufficiency by
the County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor entity shall
become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity
shall provide written notice to County that includes an acknowledgement of the commitments
required by the PUD and DRI by the new owner and the new owner's agreement to comply with
the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of
its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments.
17. LEGAL ACCESS
A. Access to Parcel "A," as described in Exhibit "C" of this document shall
be via a new roadway easement from the Owner to the owner, successor, or assigns of Parcel A
that includes Parcel Folio Numbers 00467320802, and 00467320501 that shall be recorded in the
Public Records of Collier County, and shall run in a north -south direction from the existing 30-
foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded
within 90 -days of approval of the Hacienda Lakes MPUD.
B. Access to Parcel "B," as described in Exhibit "D" of this document, shall
be via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505,
O.R. Book 6222, Page 1609, O.R. Book 245, page 124, , and O.R. Book 287, Page 18.
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C. No existing public access/roadway easements shall be vacated to preclude
reasonable access to off -site private and public lands without providing replacement access
easements. This new easement shall be equivalent to the existing easement and shall be recorded
concurrently with the vacation.
18. PLANNING
A. Prior to the issuance of the first residential SDP or Plat Approval in the
Hacienda Lakes DRI, Base TDR Credits and Early Entry TDR Bonus Credits shall be severed
and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential
Fringe and there shall be executed and filed a Limitation of Development Rights Agreement(s)
for such lands at that time.
B. A permanent conservation mechanism, including such Limitation of
Development Rights Agreement(s), shall be attached/or applied to all Sending Lands to be �
preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first
SDP or Plat Approval for the Hacienda Lakes DRI project.
C. This Development Order states the land uses approved in gross square
feet, acreage and parking (if applicable) are consistent with the statewide guidelines and
standards in Chapter 380.0651, Florida Statutes.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier
County, Florida, that:
1. The County Manager or designee shall be the local official responsible for
assuring compliance with the Development Order.
2. This Development Order shall remain in effect for 15 years from the date of
adoption.
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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(15)(c)3, Florida Statutes, this project is exempt
from down - zoning or intensity or density reduction for a period of 15 years from the date of
adoption of the Development Order, subject to the conditions and limitations of said Subsection
of the Florida Statutes.
5. The Developer or its successor in title to the subject property shall submit a report
biennially, commencing two years from the effective date of this Development Order, to the
Board of County Commissioners of Collier County, the Southwest Florida Regional Planning
Council, and the Department of Community Affairs. This report shall contain the information
required in Section 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.
6. Subsequent requests for development permits shall not require further review
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
is present. Upon a finding that one or more of the following is present, the Board of County
Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida
Statutes, pending issuance of an amended development order:
A. A substantial deviation from the terms or conditions of this Development
Order, a substantial deviation to the project development phasing schedule, a failure to carry out
conditions, commitments or mitigation measures to the extent or in accord with the timing
11*� schedules specified herein, or substantial deviation from the approved development plans which
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create a reasonable likelihood of additional regional impacts or other types of regional impacts
which were not previously reviewed by the Southwest Florida Regional Planning Council; or
B, An expiration of the period of effectiveness of this Development order as
provided herein; or
C. If the local government, during the course of monitoring the development,
can demonstrate that substantial changes in the conditions underlying the approval of the
Development order have occurred or that the Development Order was based on substantial
inaccurate information provided by the Developer, resulting in additional substantial regional
impacts, then a substantial deviation shall be deemed to have occurred.
D. If Owner or Developer desires to develop "stadium, training and practice
facilities for professional baseball (Group 7941) ", a Notice of Proposed Change or Substantial
Deviation Application for Development Approval shall be processed in accordance with Section
380.06, F.S. or any successor statute, and this Development Order shall be amended. If state law
changes such that a DRI review or other state review is no longer required, then this provision
shall terminate.
7. The approval granted by this Development Order is limited. Such approval shall
not be construed to obviate the duty of the Developer to comply with all other applicable local,
state or federal permitting procedures,
8. It is understood that any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created or designated or successor in
interest to, or which otherwise possesses any of the powers and duties of any referenced
governmental agency in existence on the effective date of this Order.
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9. Appropriate conditions and commitments contained herein may be assigned to or
assumed by a Community Development District formed pursuant to Chapter 190, Florida
Statutes,
10. In the event that any portion or section of this 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 Order which shall remain in full force and effect,
11. This Development Order shall be binding upon the County, the Owner, and the
Developer, their assignees or successors in interest.
12. This Development Order shall become effective as provided by law.
13. Certified copies of this Order shall be provided to the Department of Economic
Opportunity and the Southwest Florida Regional Planning Council as provided in Subsection
380.06(25)(g), Florida Statutes.
This Resolution adopted after motion, second and favorable vote this day of
2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk FRED W. COYLE, Chairman
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Pap
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Approved as to form
and legal sufficiency:
Heidi Ashton- Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
Attachments: Exhibit A — Legal Description
Exhibit B — Maps H -1 through H -4 including phasing schedule
Exhibit C — Access to Parcel A
Exhibit D — Access to Parcel B
Exhibit E — ADA Map O
CP11 O- CPS - 01022 \107
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10/11/2011 Item 8.C.
ADA DEVELOPMENT ORDER EXHIBIT "A"
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING
IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND
SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING
FURTHER BOUND AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE
SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION; THENCE 5.89 °11'14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 25; THENCE 5.89 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION
FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE 5.89 °11'01 "W.
ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION;
THENCE N.00 013'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION; THENCE N.00 °14'15 "W. ALONG SAID WEST LINE FOR 2637.01
FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 °07'13 "E. ALONG A LINE
COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 24; THENCE N.01 108'02 "E. ALONG THE EAST LINE OF SAID FRACTION
FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 112'28 "E. ALONG
THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE
OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
N.01 004'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST
CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION; THENCE 5.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO
THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE 5.89 °01'58 "W. ALONG THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION; THENCE 5.01 °18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE 5.89 122'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR
663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °14'38 "E. ALONG THE
WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION
AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
23; THENCE 5.89 101'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE
5.89 001'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 001'15 "E. FOR 1699.99 FEET; THENCE
5.89 001'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE
FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE
FOR 68.31 FEET; THENCE 5.89 001'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST
LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY; THENCE N.00 051'54 "E. ALONG SAID EAST LINE FOR 956.27
FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS
MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 037'31 "E.
ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF
SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG SAID EAST
LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 137'31 "E. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 048'00 "E. ALONG THE EAST LINE OF SAID
FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF
Packet Page -234-
ADA Development Order Exhibit A Page 1 of 4
10/11/2011 Item 8.C.
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID
FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO
THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE
S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID
FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT
COMPANY EASEMENT; THENCE N.00 048'45 "E. ALONG SAID WEST AND EAST LINE FOR 335.13 FEET
TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID
FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183;
THENCE N.00 049'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF SAID SECTION 11; THENCE N.00 °50'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET
TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH
LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °49'13 "W.
ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE
N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF
SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE
NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION; THENCE S.00 °47'37" W. ALONG THE EAST LINE OF SAID FRACTION FOR
671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 027'14 "E. ALONG THE
NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID
FRACTION; THENCE S.00 °47'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO
THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
N.00 038'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 °4 1'44 "E. ALONG THE WEST LINE OF SAID
FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE
N.87 040'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH
QUARTER CORNER OF SAID SECTION 13; THENCE S.87 °26'1 1 "W. ALONG THE NORTH LINE OF SAID
SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE
EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION;
THENCE S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 °38'50 "W. ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH
LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION;
THENCE S.00 °35'02" W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID
ADA Development Order Exhibit A Page 2 of 4
Packet Page -235-
10/11/2011 Item 8.C.
FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO
THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 °38'51 "W. ALONG THE EAST LINE OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE S.87°37'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION
FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION
FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH
THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH LINE FOR 2006.20
FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO
THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE OF
SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID
SECTION; THENCE S.00 °26'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE
SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER; THENCE S.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID
WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER
CORNER OF SAID SECTION 19; THENCE S.88'1 2'42"E. ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER FOR 3093.52 FEET TO THE NORTH EAST CORNER OF SA ID FRACTION;
THENCE S.03 039'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE
S.87 °07'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR
2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 007'13 "W. ALONG
THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR
1451.00 FEET; THENCE N.88 °56'54 "E. FOR 1582.00 FEET; THENCE S.00 °31'35 "E. FOR 1130.61 FEET;
THENCE S.89° 15'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION;
THENCE N.89 057'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR
2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER; THENCE S.00 °37'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR
1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °34'43 "E. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH
HALF; THENCE S.00 °41'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 123'00 "E. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E.
FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.DO 052'45 "E.
FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 °46'12 "W.
ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF
SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF
FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58"E. ALONG
THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST
Packet Page -236-
ADA Development Order Exhibit A Page 3 of 4
10/11/2011 Item 8.C.
QUARTER CORNER OF SAID SECTION; THENCE S.01Q12'08 "W. ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING,
101,084,043 SQUARE FEET OR 2,320.6 ACRES +/-
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
PARCEL "A"
BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30;
THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF;
THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE
NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE
OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING.
473,270 SQUARE FEET OR 10.9 ACRES +/-
PARCEL "B"
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTEROF SAID SECTION 24; THENCE N.87Q28'2 I "E. ALONG THE NORTH LINE OF SAID FRACTION
FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 040'10 "W. ALONG
THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION; THENCE S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET
TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE
OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.01 °00'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR
683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE
NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING.
2,072,100 SQUARE FEET OR 47.6 ACRES +/-
ADA Development Order Exhibit A Pale 4 of 4
Packet Page -237-
/
10/11/2011 Item 8.C.
ly
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Map H -1
ADA DEVELOPMENT ORDER EXHIBIT "B "U
mr.- 4 x,575
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Packet Page -238-
ROW,
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Rural Fringe Mixed Use District
(see Map H-4 for details)
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— Area
10/11/2011 Item 8.C.
Legend
Residential (R)
RV Development Area (RV)
nProject Boundary
11�2'Preserve Tract (P)
Attracticn Tract (A)
EIPublic ROW Reservation (ROVI)
;Junior Deputy (JD)
sc,100, (S)
Commercial (C)
,--,Residential,, I.Aedi:al Use (R)MU)
Public Facilities Tract (EMS)
Business Park (BP)
Roads
TECO People's Gas Main Lines
Henderson Creek Canal
Collier County Major Roads
I 1 0:0 Zrocl
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Packet Page -239-
DX�XTA-
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Fringe sabuistr
(see Map H-: for details)
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10/11/2011 Item 8.C.
Legend
Residential (R)
RV Development Area (RV)
nProject Boundary
11�2'Preserve Tract (P)
Attracticn Tract (A)
EIPublic ROW Reservation (ROVI)
;Junior Deputy (JD)
sc,100, (S)
Commercial (C)
,--,Residential,, I.Aedi:al Use (R)MU)
Public Facilities Tract (EMS)
Business Park (BP)
Roads
TECO People's Gas Main Lines
Henderson Creek Canal
Collier County Major Roads
I 1 0:0 Zrocl
N
Packet Page -239-
DX�XTA-
A--
Laq—d
V.. L —
Proposed
Access
Proposed
Access
TECO People's
Gas Main Lines
Proposed
Access
RA77 LESKAKE
%MRAOCK RD
1/4 Mi. Support Y#4'
Medical Border,-
10/11/2011 Item 8.C.
PF
THE LOP0*5 WAY
FPL Easement
FPL Easement
7�LZ
12
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Rural Fringe Mixed Use District
w1w
(see Map H-4 for details)
nc T
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Packet Page -240-
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Medical Center
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Packet Page -240-
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Hacienda Lakes
Map H-3
ADA DEVELOPMENT
ORDER EXHIBIT "S"
(Revised 9-7-11)
N
Packet Page -240-
1;1:.
— - - - - - - ---- -- ------
011TV
4- Urban Residential Fringe Subdistrict
(see Map H-3 for details)
Aazas4 ,
Easement
Y—
R or RV
R
across F
STATE
Easement LANDS
ROW
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Legend
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10/11/2011 Item 8.C.
170 wft MU.. I Me u"M 3.17. 11 SF 7u. a% SF 14t.000 SP oios-t-
Hacienda Lakes ID ac", 160C=w
Map H-4
ADA DEVELOPMENT ORDER EXHIBIT "B"
(Revised 9-7-11)
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Packet Page -241-
Lanq_L sa Summary
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ADA DEVELOPMENT ORDER EXHIBIT "C"
PARCEL "A"
10/11y2011 Item 8.C.
BEGINNING ATTHENORTHEA9T CORNER OF THE EAST HALF OF THE SOUTHFAST QUARTER OF
THE NORTHWEST QUARTER OF THE B\S7 HALF OP THE SOUTH HALF OF SAID SECTION 20;
THENCE- 6.00,jP'l0"9Y.FOR|320.05PEETTQ THE 50CTl4EAST CORNER DP THE EAST HALF 0FTHE
NORTf lEAST QUA RTE R OF 'I'I"!E SOUTHWEST QIJARTFR OF THE EAST HALF OF THE SOUTH HALF;
THEKCS6.89°2J'JJ"VV. ALONG THE 60UTif LINE OF SAID FRACTION FOR 35-5.05 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00°55'57''E FOR 133,236 FEET TO THE
NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF 1-1-IF NORTHWEST
QUARTER OF THE EAST HALF 0P THE SOUTH HALF; TRENC2g.QV^46'}2^E.ALl}\GTHE NORTH LINE
OF SAID FRACTION FOR 3j6.2]FEETTO THE POINT OF8EO}NY<lNG.
47].27U SQUARE FEET 0RlO9 ACRES +�
Packet Page -242-
ADA0E9ELOPMCNT ORDER EXHIBIT 141)"
PARCEL "B"
10/11/2011 |hpFM 8.C.
8B]U<NDNG AT THE-. NQRT1-1 WE8T CORNER OF THEWORTHWCBT QUARTER DP THE SOUTHEAST
0DARTEROF SAID SECTION Z4,TB2<[GN.87'28'2l"E. AiONGTHE NORTH LINE OF SAID FRACTION
FOR i]49.77[E2TTOlHE NORTHEAST CORNER OF SAID FRACTION: THENCE S.80"40')0"VV'ALONG
THE EAST L|K5 OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION; THENCE 8.S7,|7'4C"V/. ALONG THE SOUTH LINE 0F SAID FRACTION FOR |]50.5l FEET
TOTHE SOUTHWEST CORNER OP SAID FRACTION, THENCE N.00"56'29'^E ALONG THE WEST LINE
OF SAID FRACTION FOR 682.86 FEET70 THE SOUTHEAST CORNER OP THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
S.8723`02'^\9. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TOTHE SOUTHWEST
CORNER 0P SAID FRACTION; THENCE K.O|=OO'20"G. ALONG THE WEST LINE OF SAID FRACTION FOR
h8�.43 FEET TO THE NORTHWEST CORNER 0F SAID FRACTION: THENCE N.87°28'2}''EALQNGT8E
NORTH LINE OP SAID FRAc"Tl0% FOR ]37.6l FEET ]O THE yOlNTDF8EG(NKlNIG.
ADAD2v2L0PNF\T0RDEK EXHIBIT DPa�pe}v[I
Packet Page -Z43'
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10/11/2011 Item 8.C.
20D 9 Wednesday, August 24, 2011 • Naples Daily News
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION/DEVELOPMENT ORDER
Notice is hereby given that the Board of County Commissioners of Collier County
will hold a public hearing. on Tuesday, September 13, 2011, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center; .3299 East Ta-
miami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the
proposed ResolutlonlDevelopment Order (Petition DRI- 2006 -AR- 10147: -Hacienda
Lakes DRI) is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, APPROVING A DEVELOPMENT ORDER FOR HACIENDA LAKES, A DEVEL-
OPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23
THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30,
TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, WHICH WILL
ALLOW UP' TO 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO
RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING,
ASSISTED LIVING AND NURSING CARE, 327,500 SQUARE FEET OF RETAIL USE, 70,000
SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE, INCLUDING A CONVERSION
OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL IN-
CLUDING A CONVERSION TO BUSINESS PARK, 140,000 SQUARE FEET OF BUSINESS
PARK OR EDUCATIONAL FACILITY, A PUBLIC SCHOOL, AND CONTINUATION OF
EXISTING "JUNIOR DEPUTY" PASSIVE RECREATION AND EXISTING "SWAMP -
BUGGY' ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CON-
CLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETI-
TIONS PUDZ - 2006 -AR -10146 AND CP- 2006 -11)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: Ail 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 in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chair, 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 khe Board agenda
packets must submit said material a minimum of -3 weeks prior to the r ective
public hearing. In any case, written materials intended to be considered�y 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 indudes the testimony and evi-
dence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, 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 W. Coyle, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Auoust 24. 2011 N01912174
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