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Resolution 2003-255 ~8B RESOLUTION NO. 03- 255 DEVELOPMENT ORDER NO. 03-.il.L- A DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, on November 27, 2000, US Home Corporation, (herein "Developer"), in accordance with Subsection 380.06(6), Florida Statutes (2002), filed an Application for Development Approval of a Development of Regional Impact (DRI) known as Heritage Bay with Collier County and the Southwest Florida Regional Planning Council (SWFRPC); and WHEREAS, the Developer has obtained all necessary approvals from Collier County agencies, departments, and boards required as a condition of approval for Planned Unit Development (PUD) zoning and DR] approvals; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider the Application for Development Approval (ADA) for the Heritage Bay DRI; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes and the Collier County Land Development Code (LDC), which includes the County's Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing to consider the ADA on July, 17,2003; and WHEREAS, the Board of County Commissioners has passed Ordinance Number 03-40 on July 29, 2003, which rezoned the subject property to PUD; and WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State; and WHEREAS, on July 29, 2003, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the ADA for the _;';'88 Heritage Bay DRI submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County staff and advisory boards; and the record made at said hearing, makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The real property constituting the Heritage Bay DRI and which is the subject of the ADA, consists of approximately, 2,562 acres, and is legally described as set forth in Exhibit "A" attached hereto. 2. The application is consistent with Subsection 380.06(6), Florida Statutes. 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit "B", which by reference thereto is made a part hereof to the extent that it is not inconsistent with the terms and conditions of this development order. 4. The Developer proposes development of the Heritage Bay Development of Regional Impact, as shown on the Master Concept Plan attached hereto as Exhibit "C", which shall include the following: A. 3,450 residential dwelling units; B. Up to 200 assisted Jiving facility (ALF) units; C. A total of 230,000 square feet of commercial uses depicted on the Master Concept Plan as follows: I. A Commercial Activity Center containing 150,000 square feet of gross floor arca (OF A) of retail use, and 50,000 square feet of OF A of office use; 2. Village Centers containing a total of up to 30,000 squarc feet of OF A of office commcrcial use; D. 1,137 acres of lakes, recreation, open space, buffers, and 54 holes of golf course; E. 863 acres of conservation and preserve area; F. 7.73 acres of governmental uses (County satellite facilities including offices for constitutional officers, fire and emergency medical services, wcll site and utility pump station). 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. A comprehensive review of the regional and local impact generatcd by the 2 ~; 88 development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 7. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutcs, as amended. 8. The developmcnt is consistent with the current land development regulations and the Growth Management Plan (GMP) of Collier County, as amended, adopted pursuant to Chapter 163, Part II, Florida Statutes. 9. The Heritage Bay DRI is consistent with the Statc Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. AFFORDABLE HOUSING A. The Developer shall construct on-site on the lands designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichcver is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the Developer shall otfer the remaining unsold units to the County. or its designce, for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The Developer shall donate $475,000 to Habitat for Humanity of Collier County ("Habitat"). The donation represents one-half of the purchase price of 10 acrcs of land currently under contract by Habitat and located just south of Immokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificatc of Occupancy for the development the Developer shall have all the affordable housing units on-site completed and 3 88 available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the Developer constructs less than 190 affordable housing townhouse units on-site, for each unit less than the maximum of 190, the Developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on-site, the Developer would donate $100,000.00 to Habitat, which represcnts 10 units times $10,000. E. At any time in the future, should the Developer rcquest an extension to the approved build-out date for the project, the Developer shall re-examinc the housing needs of the project and provide an updated re-analysis of the affordable housing required. The Developer shall use the methodology in use at the time of the re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J-2.048 of the Florida Administrative Code. 2. ENERGY The Heritage Bay DRI shall incorporate the following energy conservation features: A. Provision of a combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system will be consistent with local government requirements approved in the PUD. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and multi-family residential areas. C. Cooperation with Collier County in the locating of bus stops, shclters, and other passenger and system accommodations for any future public transit system to scrve the project area. D. Developer shall encourage builders: I. To use energy-efficient features in window design; and 2. To use opcrable windows and ceiling fans; and 3. To install energy-efficicnt appliances and equipment; and 4. To include porch/patio areas in residential units. 4 v;Q88 E. Prohibition of deed restrictions, covenants, and design guidelines that would prevent or unnecessarily hamper energy conservation efforts. F. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. G. Installation of energy-efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. H. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch). 1. Selection of native plants, trees, and other vegetation and landscape design features that reduce the requirements for water, fertilizer, maintenance, and other needs. J. Planting of native shade trees for each residential unit. K. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. L. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. M. Orientation of structures, as possible, to reduce solar heat gain by wal1s and to utilize the natural cooling effects of the wind. N. Provision for structural shading wherevcr practical when natural shading cannot be used effectively. O. Consideration by the project architectural review committec(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. 3. HISTORICAL/ARCHAEOLOGICAL A. Any significant archaeological sites discovered within the Heritage Bay development shall be preserved in perpetuity and shall be recorded as "preserve area" on al1 appropriate plats, site plans, and the Master Concept Plan for the Heritage Bay DRl. B. In areas where archaeological sites have been discovered in the vicinity of proposed development, a buffer or conservation easement averaging 25 fect in width, or equivalent protections, such as temporary fencing or other structural barriers, shal1 be provided 5 8B or constructed around the archaeological sites. Any exotic foliage removal within these areas shall be by hand and not by mechanical means. C. The Dcveloper shall support registration of any significant archaeological sites in the National Register of Historic Places. D. The Developer shall cooperate with the Division of Historical Resources (DHR) investigation of any historical or archeological sites that have been discovered by allowing access to such sites by properly credentialed investigators, whenever such access can bc reasonably accommodated. E. If any additional archaeologicallhistorical sites are discovered during the development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that a state-certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. F. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Historical and Archaeological Sites are hereby incorporated by refcrence to the extent they are consistent with Paragraphs A-E above. 4. HURRICANE EV ACUATIONIFLOODPLAINS A. All deeds to property located within the Heritage Bay development shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in an area potentially subject to hurricane impacts, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and hurricane shelter spaces are limited. B. The Developer, or the proposed homeowners' association, shall establish and maintain a public information program for purposes of educating the residents of the development regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters and evacuation routes, and the identification of steps to take to minimize property damage and to protect human life. The Developer shall develop a continuing hurricane awareness program and a hurricanc evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the 6 f:c88 following items: I. Operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; and 2. A public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters, and other protective actions which may be specific to the development; and 3. Identification of the entity responsible for implementing the plan. The final plan shall be submitted to reviewing agencies for a sufficiency finding and shall address the recommendations provided by the reviewing agencies; or alternatively, the Developer shall commit to provide funds to be used for the purpose of procuring communications equipment which would upgrade the existing warning and notification capability of local emergency management officials. The Developer shall provide reasonable assurance to the local emergency management officials regarding the ability of such equipment to reduce the hurricane evacuation impacts of the development. C. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, are incorporated into the Development Order as conditions for approval. 5. STORMW A TER MANAGEMENT A. The Heritage Bay DRI shall require an Environmental Resource Permit (ERP), for conceptual approval and for construction and operation of the surface water management system for the proposed development. The project may also requirc a Water Use Permit for certain dewatering activities proposed for the construction of project lakes and/or road or building foundations and for the construction of the proposed outfall structures/bridges within the Cocohatchee Canal Right-of-way. The Developer shall provide vcrification that the proposed surface water management system design will meet South Florida Water Managcment District ("District") criteria in effect at the time of permit application. B. If the proposed surface water management lakes are designed as detention lakes, the location and sizing of the control structures will be required during the ERP application review process. C. Loss of historic floodplain storage, net basin storage and passage of 7 88 upstream flows associated with the proposed development shall be addressed during the ERP application review process. D. The control elevations provided in the ADA shall be verified during the ERP application review process. E. Pursuant to the Basis of Review (BOR), all commercial areas shall be required to provide 1/2 inch of dry pretreatment. F. As part of the ERP review process, the Developer shall demonstrate that the water quality detention time is not bcing adversely affected by the introduction of off-site flows. G. The golf course maintenance facility will contain pesticidcs, fungicidcs, herbicides, gasoline, and other hazardous materials. The maintenance facility shall mect the appropriate permitting criteria for hazardous waste materials as outlined in the Florida Administrative Code and by Collier County. In addition, 1/2 inch of dry pretreatment will be required for the maintenance field site. H. District staff shall obtain access through the site to get to District-owned property located north of the project site. The details of the proposed access routc/authorization shall be developed during the ERP application review process. 1. All existing on-site wetlands shall be preserved and enhanccd as required by the United States Army Corp of Engineers (USACOE) and the Florida Departmcnt of Environmental Protection (FDEP) permits. J. All internal stormwater management lakes and ditches and anyon-site preserved/enhanced wetland areas, shall be set asidc as private drainage and/or conservation easements on the recorded final plat. Stormwater lakes shall includc, where practical, adequate maintenance easements around the lakes with access to a paved roadway. K. The use of Best Management Practices, as required by the District, in the design and construction of water management systems, shall produce a post developmcnt water quality which shall be the same, or bettcr, than pre-development water quality conditions. L. Best Management Practices for water quality shall be included on construction plans for the development and shall bc submitted to Collier County for review and approval. M. During construction activities, the Developer shall employ Best 8 88 Management Practices for erosion and sedimentation control. Such practices shall be outlined in all construction plans and shall be subject to approval by thc appropriate agencies prior to their implementation. N. Any construction period silt barriers, or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer, or the entities responsible for the specific construction activities requiring these measures, shall assume responsibility for having the material removed upon completion of construction. O. The Heritage Bay water management system is conceptually designed to pass the 150 cubic feet per second (cfs) of water needed to meet the 500 cfs goal for the Cocohatchee East segment of the Cocohatchee Flowway. The goal shall be considered to be met when the 150 cfs from the Heritage Bay developmcnt is combined with the 350 cfs passed through the Twin Eaglcs development. P. The proposed water management system shall be designed to provide water quality enhancements and water storage for the Immokalee Road canal system by attenuating off-site flows through the project. Q. The Developer shall conduct annual inspections of the Heritage Bay Master Stormwater Management System and any preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in accordance with the final approved designs and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intcnded. R. The proposed surface water management system is designed to detain run- off volumes for extended periods of time. This increasc in hydroperiod will enhance native plant communities. Vegetation transects and groundwater-monitoring wells shall be established and shall be monitored to evaluate any adverse impacts to the on-site wetland and upland vegetative communities. S. The Developer shall confirm, to the satisfaction of all applicable federal, state, local review agencies, and the District, that the proposed stormwater management system will not impact the habitats of any state or federally listed plant and/or animal species potentially occurring on-site, or that such impacts shall be mitigated to the benefit of on-site populations of those species. 9 ri 88 T. The Developer, his successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The Developer shall encourage any private parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. U. The Developer shall participate in any ongoing, or future efforts, by Collier County to establish a countywide stormwater management system to the extent not inconsistent with this Resolution or the Heritage Bay PUD. V. Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass. W. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the developmcnt. Any debris that may accumulatc in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and under drain systems, shal1 be cleaned from the detention/retention areas on a regular basis. Any erosion of the banks of project lakes, ditches or swales shal1 be replaced immediately. X. Under-drain systems and grease baffies, if utilized within the Heritage Bay DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. Y. Stormwater management system maintenance requirements shall include the removal of any mosquito-productive nuisance plant species or invasive cxotics (e.g., water lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches and percolation basins, as wel1 as from lake littoral zones employed in thc system. Z. To the extent consistent with applicable stormwater management system and environment regulations, any isolated wading bird pools constructed in lake littoral zones shal1 be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as gambusia affinis. AA. It is anticipated that a Master Homeowners' Association or Community Development District will operate and maintain the project's storm water management system. BB. Al1 commitments made by the Developer within the ADA, and subsequent sufficiency round information, related to Question 10 (Gencral Project Description) and Question 10 88 19 (Stormwater Management), and not in conflict with the above recommendations, are incorporated in this development order as conditions for approval. 6. TRANSPORTATION A. The Developer, or its successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Heritage Bay DRI, including those along Jmmokalee Road and on the future CR 951 Extension, if constructed. As shown on the Heritage Bay Master Concept Plan, these site-related improvements include four (4) access points on Immokalee Road and two (2) access points on either the future CR 951 Extension, if constructed, or an extension of CR 951 for the purpose of providing access to properties north of Immokalee Road. The site-related improvements on the future CR 951 Extension are limited to turn lanes at the project entrances and, if needed, a two-lane urban arterial cross-section road built on-site within the future CR 95 J Extension right-of-way from the full access entrancc located about onc-half mile north of Immokalee Road to the Immokalee RoadlCR 951 intersection, as provided in Transportation Paragraph 6.E.2. B. The Developer, or its successor or assignee, shall make adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways: Roadway From To Improvement Immokalee Road 1-75 Executive Drive Widen to 6 Lancs Immokalee Road C.R. 951 (Collier Project's Eastern Widen to 6 Lanes Blvd.) Entrance C.R. 951 (Collier Blvd.) Golden Gate Blvd. Pine Ridge Road Widen to 6 Lanes C. The Developer, or its successor or assignee, shall make adequate commitments to provide the necessary improvements including, but not limited to, rights-of-way, costs of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intcrsections through buildout: 11 Intersection Immokalee Road/Airport-Pulling Road Immokalee Road/Oaks Boulevard Immokalee Road/Collier Boulevard Immokalee Road/Project Driveway I Immokalee Road/Project Driveway 2 Immokalee Road/Project Driveway 3 Immokalee Road/Project Driveway 4 Collier Blvd.lVanderbilt Beach Road Collier Blvd.lGolden Gate Blvd. Collier Blvd.lPine Ridge Road Collier Blvd.lGrecn Blvd. Collier Blvd.lGolden Gate Parkway 88 Estimated Improvement Signal Timing Turn lanes/Signal Timing Westbound Dual Left-Turn Lane Eastbound Dual Left-Turn Lane Eastbound Through Lane Westbound Through Lane Northbound Dual Left-Turn Lane Northbound Dual Right-Turn Lane Signal Timing Eastbound Left. Turn Lane Westbound Right-Turn Lane Southbound Right-Turn Lane Eastbound Dual Left-Turn Lane Westbound Right-Turn Lane Southbound Left Through Lane Southbound Right-Turn Lane Signal at Warrant Eastbound Left. Turn Lane Westbound Right-Turn Lanc Southbound Left-Turn Through Right-Turn Lane Signal at Warrant Eastbound Left-Turn Lane Westbound Right-Turn Lane Southbound Left. Turn Lane Southbound Right-Turn Lane Signal at Warrant Eastbound Right-Turn Lane Eastbound Dual Left-Turn Lane Westbound Left-Turn Lane Westbound Right-Turn Lane Northbound Dual Left-Turn Lane Northbound Right-Turn Lane Signal Timing Westbound Dual Left-Turn Lane Northbound Dual Right-Turn Lane Southbound Dual Lcft- Turn Lane Signal Timing Eastbound Dual Left-Turn Lane Westbound Dual Left-Turn Lane Northbound Dual Left-Turn Lane Southbound Dual Left-Turn Lane Signal Timing Signal Timing Eastbound Dual Left-Turn Lane Signal Timing 12 ~"8B D. Improvements to the facilities outlined in Paragraphs 6.B and 6.C. above shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County GMP, or shall be programmed for construction within three years of that time. If the road segment or intersection is not operating at the County's adoptcd level of service standard and the Heritage Bay DRI is contributing five percent (5.0%) or more of the service volume at that standard, then no building permits shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executcd and recorded local government development agreement, consistent with Sections 163.3220 through 163.3423, Florida Statutes, ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County ensuring completion concurrent with the impacts of development, incorporated into the development order; e) the subject of a binding commitment by the County in the first three years of the Capital Improvements Schedule of the Capital Improvements Element (CIE); or f) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with impacts of development. Any combination of the above, which ensures that the improvement is made is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the DCA transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a proportionate share contribution, calculated consistent with the formula in Rule 9J-2.045(l )(h), Florida Administrative Code, to Collier County for the improvements(s). The proportionate share payment shall be applied to the construction of onc or more of the significantly impacted improvements listed under Paragraphs 6.B. and 6.C. above, or some reasonable alternatives, which, if constructed, will reduce traffic volumes on one or more of the listed intersections, roadways or roadway segments. A portion of, or all of, the Developer's proportionate share contribution shall be provided through the Developer's payment of Collier County road impact fees. No additional building permits for the Heritage Bay development shall be issued unless the proportionate share contribution is received by the County and there is a commitment to use the contribution for the construction of needed transportation improvements. Any delay in payment or change of the proportionate share payment shall require a re-analysis of the payment amount utilizing the Notice of Proposed Change process for ORIs. ]3 88 Bascd on the formula in Rule 9J-2.045(1)(h), Florida Administrative Code, the Developer's proportionate share of the costs for needed improvements identified in Paragraphs 6.B. and 6.C. above, has been estimated to be Five-Million-Nine-Hundred-Thousand Dollars ($5,900,000). This amount is well below the anticipated road impact fee payments for the Heritage Bay development which have been estimated to be Sixteen-Million- Two-Hundred- Thousand Dollars ($16,200,000). Therefore, the Developer's overall contribution for mitigation of transportation impacts has been determined to be Sixteen-Million-Two-Hundred-Thousand Dollars ($16,200,000), which is the higher amount of either the Heritage Bay DRI proportionate share calculation or the Heritage Bay anticipated road impact fee payments. The estimated amount of road impact fees for the Heritage Bay DRI of Sixteen- MiIlion-Two-Hundred-Thousand Dollars ($16,200,000), is based on the current Collier County Road Impact Fee Schedulc. Pursuant to the Collier County Impact Fee Ordinance, the Developer may conduct an independent fee calculation study to demonstrate lower trip generation rates for the residential development of the Heritage Bay DR!. Such an independent fee calculation study is subject to review and approval by Collier County. Even with such an indepcndent fee calculation study, the road impact fees for the Heritage Bay development will be greater than its proportionate share of Five-Million-Nine-Hundred-Thousand Dollars ($5,900,000). The payment of road impact fees utilizing the independent fee calculation study, if approved by Collier County, will represent, and be accepted by Collier County in lieu of the proportionate share contribution referenced above unless the annual traffic monitoring report indicates that a substantial deviation has occurred and the DRI proportionate share amount is greatcr than above the road impact fees amount. If Collier County does not accept the methodology utilized in the study and therefore does not approve the reduced fees as a result of the independcnt fee calculation study, then the County's current Road Impact Fee Schedule shall apply unless the Developer successfully appeals the County's rejection of the independent fee calculation study. E. The Developer and the County mutually agree to the following additional transportation conditions of approval for the Heritage Bay DR!: I. The Developer shall dedicate a 100 foot right-of-way along the western boundary of the Heritage Bay property from the southwcst corner of the property north to the conservation/preserve area 14 .' .'. l;j ':,'88 (approximately the mid-point of Section 14), which is a distance of approximately 1.5 miles, to the County, without rcceiving impact fee credits. This dedication shall occur within the time frames established by Subsection 2.2.20.3.7. of the Collier County Land Development Code (LDC). 2. If the County acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road that is not owned or controlled by the Devcloper, the Developer shall construct a 2-lane access road within the 100 foot dedicated right-of-way for a distance of 1/2 mile from said intersection. No impact fee credits shall be available for said construction. The Developer shall construct the 2-lane access road to arterial standards within a multi-lane urban arterial cross section, to bc used as part of the future CR 951 Extension, if that extension is constructed. 3. Within 45 days of the County's issuance of a Notice to Proceed on the construction contract to widen Immokalee Road to 6 lanes between Interstate 75 and the eastern boundary of the Heritage Bay project, the Developer will prepay to the County Five Million Dollars ($5,000,000) of the Hcritage Bay road impact fees due for the project. This payment is for thc purpose of advancing the 6- laning of Immokalee Road from I-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County agrees to: (a) modify the Immokalee Road construction project east of Collier Boulevard (Project #60018), and (b) advance the construction of the 6-laning of Immokalee Road from I-75 to Collier Boulevard to the year 2006, unless unforeseen circumstances make it impractical to meet this schedule. In this event, construction will begin as soon as possible thereafter. 4. This road impact fee prepayment of Five Million Dollars 15 88 ($5,000,000) shall be applied as the first 50% payment required under Division 3.15 of the LDC, the County's concurrency management regulations in order to vest dwelling units. The exact number of dwelling units to be vested shall be determined by applying the advance Fivc Million Dollars ($5,000,000) impact fee payment as one-half of the impact fees that are due for the number of multi-family and single family dwelling units that are to be vested (with the mix to be determined by the Developer). 5. The Developer shall not request a full median opcning on Immokalee Road, nor on County Road 951, any closer than 1/2 mile from the intersection of said roadways. A right-in and right- out access may be constructed on either or both of these roadways within that 1/2 mile distance at the 1/4 mile distance. F. To determine the Heritage Bay DRI impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs (DCA), and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the date of approval of this development order. Successive reports shall be due each year thereafter on the anniversary date of the DR! approval until the project is completed. At a minimum, the report shall contain a summary of construction and development activities by land use category as of the date of the monitoring report. In addition, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the project's access points, and at the off-site intersections listed in Paragraph 6.C above. The report shall also provide a calculation of the existing levels of service for the roadway facilities listed in Paragraphs 6.B and 6.C abovc. An estimate of the level of development expected to be added by the project for the year following the date of the report shall be provided. The monitoring report shall identify the status of the road improvements committed to in the DRI development order and address any deviations from the schedule for making such roadway improvements. G. The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components and to adjacent propertics as deemed 16 ~'8B necessary by Collier County. H. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points on its site designs, consistent with Collier County transit plans. 1. The Dcveloper, pursuant to Paragraph 6.0. above, shall pay road impact fees, as set forth therein and by making the additional commitments under Paragraph 6.E. above, these commitments by the Developer represent adequate commitments for improvements to significantly impacted regional roadways and intersections Iistcd under Paragraphs 6.B. and 6.C. above. This commitment to mitigate the project's transportation impacts is made with the understanding that the following conditions shall be met: I. If annual monitoring reports lead to the conclusion that one or more regional roadways and intersections are operating below the adopted level of service standard and the Heritage Bay DRI is contributing more than 5% of the adopted level of service capacity, then further building permits shall not be granted until the standards of the County's concurrency management system have been met utilizing any of the alternatives set forth in this development order. 2. The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of impact fees and/or a proportionate share. The regional road improvements shall be in accordance with a local government development agreement entered into pursuant to Section 163.3220, Florida Statutes. and a commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional roads. 3. The Developer proposes the prepayment to the County of some, or all, of the estimated Sixteen-MiIlion- Two-Hundred-Thousand Dollars ($16,200,000) of road impact fees for the Heritage Bay project in accordance with a schedule of payment datcs to be 17 88 approved by the County. To the cxtent that the Developer of the Heritage Bay DRI prepays road impact fees, the Developer shall be vested for that number of residcntial units and amounts of commercial development for which the road impact fees were prepaid; and such residential units and commercial development shall thereafter not be subject to restrictions or moratoria that would otherwise be applied pursuant to the County's Concurrency Managements System adopted in its Growth Management Plan and implementing land development regulations. J. The Developer or its assigns shall not be entitled to receive building permits for more than Two-Thousand-Five-Hundred-Eighty-Eight (2,588) dwelling units (which represent Seventy-Five Percent (75%) of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than a half a mile north of its current terminus at Immokalee Road, or (2) after July I, 2006 and the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension is completed and the no build option is approved by the respective Lee and Collier County Commissions, or (3) July I, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the Two-Thousand-Five-Hundred-Eighty- Eight (2,588) dwelling unit building permit limitation. 7. VEGETATION AND WlLDLIFE/WETLANDS A. No additional impacts to the preserve areas shall be allowed as a result of the existing excavation permit for earth mining activities. B. The Heritagc Bay DRI is a reclamation project from an existing mining activity. The lake excavations and littoral zone plantings shall conform to the requiremcnts of the GMP and LDC in effcct at the time of final development order approval. The following GMP policies and LDC regulations shall be applied to this DR!. I. The Heritage Bay DRI shall comply with the regulations for all wet detention ponds that are used as a part of its water management system as identified by its South Florida Management District Environmental 18 88 Resource Permit. Wet detention ponds are described as lakes that provide one inch of water quality detention. Attenuation lakes are dcscribed as lakes that provide flood attenuation, but not the required water quality detention. Wet detention ponds or portions thereof within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and shal1 be planted with native aquatic vegetation. Wet detention ponds or portions thereof outside the urban boundary shall have a littoral shelf with an area equal to 30% of the pond's surface area measured at the control elevation and shall be plantcd with native aquatic vegetation. The total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element (CCME) of the GMP shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Policy 6.1 of the CCME requires preservation of 40% of native vegetation present not to exceed 25% of the total area of the property. Twenty-live percent of the total site area (2562 acres) of the project is 640 acres. This DRi development order provides for preservation of 861 acres of the existing native vegetation, including wetlands that have signiticant hydrologic value. Therefore, the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control clevation to a depth of five feet. D. Final alignment and configuration of water management structures shall be subject to minor Held adjustments to minimize habitat destruction. E. In accordance with Subsection 3.2.8.4.7.3. of the LDC, principal structures 19 88 are required to have a 25-foot setback from preserve areas and accessory structures are required to have a 10 foot setback from preserve areas. F. Hiking trails, pedestrian/golf cart, boardwalks, nature trails (elevated and at grade), riding trails and other such facilities, constructed for the purpose of passage through or enjoyment of the site's natural attributes shall be subject to review and approval by the appropriate agencies. G. Fencing design for roadway crossing preserves and prescrve boundaries shall be included on applicablc plans for potential wildlife crossings. H. The project shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) rcgarding potential impacts to protected species on-site. A Habitat Management Plan for any protected species existing on-site shall be submittcd to Collier County Environmental Service Staff for review and approval prior to final site plan/construction plan approval. I. As required by the USACOE and FDEP permits, approximately 832.3 acres of wetlands shall be enhanced and preserved. J. Hydroperiods of the on-site wetlands shall not be negatively altered from that which is permitted by the USACOC and FDEP. K. The wetlands shall be maintained free of exotic vegetation. L. Construction best management practices shall be employed for construction activities taking place near wetlands. M. Five conservation areas identified on the Master Concept Plan shall be placed in a conservation easement for protection in perpetuity. The Heritage Bay Homeowners' Association, or a Community Development District, or other ownership entity, shall be responsible for long-term maintenance of the conservation areas. N. The homeowners' association documents shall include requiremcnts prohibiting any construction activities other than for passive use within conservation areas. O. Thc Developer shall consult with FFWCC should additional or differing direct impacts to endangered species warrant review in accordance with Section 372.072, Florida Statutes. 20 .' 88 8. WASTEWATER MANAGEMENT/WATER SUPPLY A. The Developcr shall obtain a SFWMD water use permit for the proposed groundwater withdrawals for landscape irrigation. The Developer shall obtain permits for certain dewatering activities associated with the construction of lakcs, roads, and/or building foundations, if dcemed necessary. B. The project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets, xeriscape landscaping techniques and other water conscrving devices and/or methods. These devices and methods shall meet the criteria outlined in the Water Conservation Plan for the public water supply permit issucd to the Collier County Utilities Division by the SFWMD. C. At the time of application for the SFWMD permit modification, the Developer shall provide verification that the proposed system designs meet SFWMD criteria in effect at the time of permit application. D. The Developer shall obtain potable water, wastewater treatment and, non- potablc water (treated effiuent), from thc Collier County Utilities Division, if the Division determines that it has sufficient capacity to serve the project. Should the Utilities Division determine that it does not have sufficicnt capacity to servc the project, the Developer shall construct interim potable water, wastewater treatment and/or non-potable water facilities, or shall postpone development until such time as utility service capacity is available for the project. Any interim facilities constructed by the Devcloper shall be constructed to County utility standards, and shall be dismantled, at the Developer's expense upon connection to the County utility facilities. Whether potable watcr, wastewater treatment, and/or non-potable water facilitics are provided on-site or off-site, the Devcloper shall demonstrate to Collier County that adequate capacity to serve the development is available at the time of final site plan or final plat submittal. E. The Developer shall ensure that anyon-site lakes, or any wetlands, whcther natural or man-made, and the stormwater management system are adequately buffered from effiuent contamination. F. Temporary septic systems may be utilized in conjunction with construction offices, sales offices and model homes. Scptic systems shall not be allowed on-site, 21 88 other than for temporary uses associated with construction offices, sales offices, and model homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm when wastewater facilities (temporary or permanent) become operable. G. All construction plans, technical specifications and plats for the proposed water distribution and wastewater collection systems, and anyon-site treatment facilities, shall be reviewed and approved by the Utilities Division prior to commencement of construction. H. Design details regarding the irrigation water withdrawal facilities and an analysis of the potential impacts associated with the proposed withdrawals shall be provided during the water use permitting process. \. All potable water facilities should be properly sized to meet average and peak day domestic demand, in addition to fire flow demand, at a rate approvcd by the applicable fire district. J. The lowest quality of water available and acceptable shall be utilized for all non-potable water uses. Potable watcr shall not be utilized for non-potable uses. K. Through the payment of impact fees, property taxes, and the implementation of the Master Concept Plan for the Heritage Bay DRI, the Developer will further Florida's goal of planning for and financing new facilities to serve residents in a timely, orderly, and efficient manner. The Heritage Bay devclopment will also implement Florida's policy of encouragmg dcvelopment of gray-water and water-reuse systems to extend existing sewage capacity. L. Existing water wells shall be used for irrigation water supply. If such wells cannot be used for this purpose, the wells shall be properly plugged by a liccnsed well drilling contractor and abandoned. M. Irrigation of golf course areas will be designed to encourage deepcr rooting of turf grass to provide more efficient utilization of watcr and nutrients. Irrigation activities shall be limited to the hours between dusk and dawn. Irrigation watcr recharge well locations shall be selected to minimize interference drawdown between the wells and drawdown beneath on-site or adjacent wetlands. N. Best management practices (BMPs) for wastewater shall be utilized to mitigate potential adverse impacts to surfacc water and shallow groundwater at and adjacent to 22 ~~'8B the development. Such BMPs include proper timing and minimum application of fertilizers, pesticides, and herbicides on landscaped areas of the property. Biodegradeable varieties of fertilizers, pesticides, and herbicides shall be utilized whenever possible. Slow release nitrogen fcrtilizers shall be used. This shall be coordinated with the County Extension Office of the Soil Conservation Service. O. Collier County will operate and maintain the potable water distribution systems. The irrigation systems will be operated and maintained by the homeowners' association(s), Community Development District, or private or public irrigation utility. P. For the purpose of potable water conservation, the project shall utilize low water use plumbing fixtures and other water conservation devices. For the purpose of non- potable water conservation, the project shall utilize xeriscape and drought tolerant plants in landscape design. Q. All commitments made by the Developer, within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 14 (Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in conflict with thc above recommendations are incorporated as conditions of approval within this development order for Heritagc Bay. 9. EDUCATION A. The Developer shall coordinate with the School Board of Collier County to make adequate provisions for educational facilities needed to accommodate the impacts of the proposed development which may include a schedule for prepayment of school impact fees to the School Board of Collier County. B. The Developer shall work with the staff of the County's Transportation Department to ensure that the necessary pedestrian and bus pick-up/drop-off facilities are provided within the Heritage Bay project. C. All commitmcnts made by the Developer within the ADA and subsequent sufficiency round information related to Question 10 (General Project Description) and Question 27 (Education), and not in conflict with the above recommendations are incorporated as conditions of approval within this development order. 10. POLICE AND FIRE PROTECTION. A. The Developer shall coordinate with thc Sheriffs Office to consider crimc 23 88 prevention measures during the site development plan renew process. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. Any facilities located within the Heritage Bay DRI qualifying under Title III of the Superfund Amendments Reauthorization Act of 1986 and thc Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988 shall file hazardous materials reporting applications in accordance with Scctions 302, 303, 304, 311, 312, or 313 of the Right to Know Act. Applications shall be updated annually by each reporting facility. D. The Developer shall follow the recommendations of the North ~aples Fire District set forth below: I. Curved streets shall have a minimum tangent of 75 feet in order to allow for ease of operation of firc equipment. 2. The Collier County Fire Code Office shall approve any proposed perimeter walls or fences. 3. Any proposed zero side yard setbacks for residential lots shall be reviewed for compliance with the North Naples Fire District access requirement. E. Fencing shall be utilized as necessary to separate pedestrian traffic from mining truck traffic. Mining truck traffic shall be restricted from using thoroughfares within residential portions of the development. F. The permits in place for the mining operation contain measures to be uscd to control dust. The Developer shall abide by those conditions. G. The Developcr shall dedicatc 7.73 acres of property within the proposed development to the Collier County Board of County Commissioners to be used for general government purposes including fire station, well site, utility lift station, EMS facility, Sheriffs Office, and other government services in accordance with the time frame set forth in Subsection 2.2.20.3.7 of the LDC. The dedication of the property shall be completed pursuant to a developer's agreement to bc entered into with the County. The Developer shall not receive impact fee credits from the County for the dedication of the 7.73 acre parcel. H. The Developer shall follow the appropriate permitting process in effect at the time permits are requested, if natural gas is used. The Developer shall coordinate with the fire district, as required. 24 1~" 8 8 11. RECREATION AND OPEN SPACE A. The Developer, homeowners' association(s) or a Community Development District shall maintain all recreation areas and open spaces. B. The Heritage Bay development shall comply with the open space requirements of the LDC in effect at the time of rezoning. C. Vegetated upland areas within the wetland conservation area shall be retained as part of the recreational open space system for the Heritage Bay project. D. The Developer shall pay Two-Million-Eight-Hundred- Thousand Dollars ($2,800,000) in park impact fees to the County within 45 days of the date of approval of the DRIIPUD by the Board of County Commissioners. This payment shall be credited towards the impact fees for recreation and parks facilities due from the Developer. E. The Devcloper shall donate Seven-Hundred-Seventeen- Thousand Dollars ($717,000) to the County for use in developing regional park facilities. This payment is made in lieu of providing lake systems within the Heritage Bay development to the County. F. All commitments made by the Developer within the ADA and subsequent sufficiency round information related to Questions 10 (General Project Description) and Questions 26 (Recreation and Open Space) and not in conflict with the above recommendations are incorporated as conditions of approval within this development order. 12. SOLID/HAZARDOUSIMEDICAL WASTE A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program. The Developer shall explore possibilities of extending the life of the existing County landfill by reducing the solid waste volumc. This shall be accomplished by encouraging the utilization of practices such as conservation, recycling, trash compaction, and mechanical shredding. B. Any businesses located within the Heritage Bay project, which generate hazardous waste, as defined by Subsection 403.703(21), Florida Statutes, and Rule 62-730.030, Florida Administrative Code, shall bc responsible for the temporary storage, siting and proper disposal of such hazardous waste. There shall be no siting of hazardous waste storage facilities contrary to the LDC. C. The project shall be bound by all applicable state and local recycling requirements in effect at the time of issuance of the final subdivision plat. 25 88 D. Any buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate clean-up of any spill, leakage, or contaminated water. E. The discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the FDEP. F. The Developer shall comply with best management practices for golf courses to ensure safe and effective application of pesticides and fertilizers. One-half inch of dry pretreatment shall be required for the maintenance field site. G. The Developer shall ensurc that the lawns and vegetation at thc adult living facility are treated with the minimum amount of chemicals required so as to reduce the risk of the pesticide pollution. H. Prior to construction, the Developer shall provide assurances that a licensed grease transporter has been identified to serve the project's restaurants. !. Prior to construction of either of the commercial component of the ALF, the Developer shall provide assurance that bio-hazardous and hazardous waste transporters have been identified to serve the project. 13. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN Collier County has detcrmined that the Heritage Bay DR] project is consistent with the Collier County GMP and that the project's development, as approved in this development order, is consistent with the County's Concurrency Management System relative to public facilitics necessary to support the development. 14. PUD DOCUMENT The Heritage Bay PUD Document (Ordinance Number 03-40) approved by the Collicr County Board of County Commissioners on July 29, 2003, and this development order govern the development of the Heritage Bay DR!. The Developer acknowledges that the conditions and commitmcnts of the PUD Document govern the development and use of property within the Heritage Bay projcct, even though the PUD Document is not made a part of this development order. 15. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the 26 88 Developer within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions of approval. B. The term "Developer" shall include US Home Corporation, and any of its successors or assigns to the development rights and obligations specified in this development order. C. The Developer shall submit a biennial report on this Development of Regional Impact to Collier County, the SWFRPC, DCA, and all affected permit agencies as required by Subsection 380.06(18), Florida Statutes. This report shall contain the information required in Rule 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. D. The development completion schedule set forth within the ADA, and as adjusted to commence running from the date this development order becomes final, shall be incorporated as a condition of approval. If development order conditions and Developer commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not implemented consistent with the timing schedule specified within the development order, then such a failure shall be presumed to be a substantial deviation for the affected regional issue. E. If Collier County, during the course of monitoring the development demonstrates that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFRPC official recommendations for the Heritage Bay DRI shall be used by Collier County in determining if there are additional, substantial regional impacts. F. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be subjcct to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impact fees or exactions to 27 88 meet the same needs. Collier County and the Developer may enter into a capital contribution front-ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. G. The land uses approved in gross square footage are consistent with the statewide guidelines and standards set forth in Section 380.065, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The County's Community Development and Environmental Administrator shall be the local official responsible for assuring compliance with the development order. 2. This development order shall remain in effect for fifteen (\5) years from the date it becomes final and effective. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this development order. 4. Pursuant to Subsection 380.06(l5)(c)3, Florida Statutes, this project is exempt from downzoning or intensity or density reduction for a period of fifteen (15) years from the date of adoption of the development order, subject to the conditions and limitations set forth in said Subsection of the Florida Statutes. 5. Subsequent requests for development permits shall not require further rcview pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following items listed in Paragraphs A and B is present. Upon such a finding, the Board of County Commissioners of Collier County may take any action authorized by Subsection 380.06(\9), Florida Statutes, pending issuance of an amended development order; A. A substantial deviation from the terms or conditions of this devclopment order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent set forth herein or consistent with the timing schedules specified herein or in the phasing schedulc in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or othcr types of regional impacts which were not previously reviewcd by the SWFRPC; or 28 8B B. An expiration of the period of effectiveness of this development order as provided herein. 6. The approval granted by this development order is limited. Such approval shall not be construed to relieve the Developer of the duty to comply with all other applicable local, state or federal permitting regulations. 7. It is understood that any reference herein to any governmental agency shall be construed to mean any future entity which may be created or be designated or succeed in interest to, or which otherwise possesses any of the powcrs and duties of, any referenced governmental agency in existence on the effective date of this development order. 8. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter ] 90, Florida Statutes. 9. In the event that any portion or section of this development order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this development order which shall remain in full force and effect. 10. This development order shall be binding upon the County and the Developer, its assignees or successors in interest. II. This development order shall become effective as provided by law. 12. Certified copies of this development order shall be provided by the County to DCA and the SWFRPC as provided in Subsection 380.06(25)(g), Florida Statutes. BE IT FURTHER RESOLVED, that this Resolution be recorded in the Minutes of this Board. 29 ~'8B Done this 1.t day of .]0\ ~ This Resolution adopted after motion, second, and majority vote. ,2003. ATTEST,i.\.,G" r.'l~~.() (:~~:j' .' . r?1~ ""b\\:~ ~~.b(. DwipHTE. BROEKi. €LE AtUst IS.to~"llr.an' s .t~ .~l~..'.",; .. APPROVED -A~TO FORM AND LEGAL SUFFICIENCY: Oh' 'm.~ MarjO~ent Assistant County Attorncy BOARD OF COUNTY COMMISSIONERS ~~LLIEIk TOM HENNING, CHAIRMAN 1-ZQ-e3 30 WilsqnMiller 88 RECEIVED AUG 1 9 2003 New Directions In Planning, Des/QIl & EngineerlllQ EXHIBIT A LEGAL DESCRIPTION HERITAGE BAY COLLIER COUNTY, FLORIDA Sections 13, 14,23 and 24, Less the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. Containing 2562.3 acres, more or less. Prepared by: Wi/s.nw~~:e .. r,ashfcrd, F'r"'~ so:;icnal Surveyor & Mapper egistratiOl~ 1'10. LS6305 See attached surwy. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.: N0442-008-000-FLS1A, Ref.: 5L-242, Date: August 5, 2003 Napl.$ Fort My.rs Sarasota Tampa Tal/ahass.. Panama City S.ach 4571 Colonial Boulevard. Suite 100 Fort Myers, Florida 33912 239-939-1020'fil 239-939-7479 www.wllsonmlllsf.com 8(5J200J.- 2B6004 'Ver: 01!. SEREK c..., N04.42-008-000- SPl T. 7587 WlIsonMlller,lnc .. f-L Lie. #' LC COOD' 70 88 < OJ .", .c ... .c " .., l m ,r"r IIH~I \ 'I!d! I \ l~~~\ .. L....- ' - ~ .. p. ,!i ~ , , , ~ , , t; , ~ iii i, ----.. - I , It , I~t' I. hi \ ~u ~I ~J,. '" '1- ~ ~:~ , , , , , , , , , , , , , : , , : , , , , , I , : , : , , , I. i'l ::l :11'" ---------------------------------------------- 1WI.-.- ..... 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