Resolution 2011-123/DO 2011-02
DEVELOPMENT ORDER NO. 2011-~
RESOLUTION NO. 2011-....uJ
A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01,
HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT,
PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE
AND EXTENSION OF EXPIRATION DATE; SECTION TWO:
FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW;
SECTION FOUR: EFFECT OF PREVIOUSL Y ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND
PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED
IN SECTIONS 13, 14,23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26
EAST IN COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 03-01 (the "Development Order") by Resolution 03-255 on July 27, 2003.
which approved a Development of Regional Impact (DRI) known as Heritage Bay DRI; and
WHEREAS. in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2009, a three-year and two-year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on June 22, 20 II, Developer provided \\Titten notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011-139, Laws of
Florida to further extend the projected buildout date and expiration date of the DRI; and
WHEREAS. Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar
Homes. LLC and Pultc Home Corporation, petitioned the Board of County Commissioners of
Collier County, Florida to amend the Development Order by setting a buildout date and
extending the expiration date; and
WHEREAS. the Collier County Planning Commission held a public hearing on the
petition on July 7. 20 II; and
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WHEREAS, on July 26. 20 II, the Board of County Commissioners, having considered
application of proposed changes to the Development Order and the record made at said hearing,
and having considered the record of the documentary and oral evidence presented to the Collier
County Planning Commission, and report and recommendation of the Collier County Planning
Commission, the report and recommendation of the Collier County Planning Staff and Advisory
Boards, the Board of County Commissioners of Collier County hereby approves the following
Devclopment Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 03-01
Conclusions of Law, Section 2 (FOLLOWING GENERAL CONSIDERATIONS 15.G.)
of Development Order 03-0 I is hereby amended to read as follows:
2. This development order shall remain in effect for tifteen (15) years from the
date it beeomes tinal afld effective, until September 10, 2032. The buildout
date for the development shall be December 30.2023.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Heritage Bay DRJ, which is the subject of
the proposed amendment, consists of approximately 2.562 acres, is legally described as set forth
in Exhibit "A ", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(l9)(e)l., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as requircd by Section 380.06(19)( e) 1. This
Section also provides "'A Notice of Proposed Change ... that involves an extension of the
buildout date of a development, or any phase thereot: of less than tive years is not subject to the
public hearing requirements of t(3) and is not subject to a determination pursuant to
subparagraph t( 5)."
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C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in April, 20 II that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
F. A summary of the buildout dates and expiration dates is as follows:
Buildout Expiration
Original Date 12/2009 (in ADA) 9/1 2/2018
2007 Extension - 3 years 12/2012 9/12/2021
380.06( 19)(c), F.S.
2009 Extension - 2 years 12/2014 9/12/2023
Senate Bill 360
20 II Extension - 4 years 12/2018 9/12/2027
380.06(l9)(c), F.S.
Proposed 4 years 364 days 12/2023 9/10/2032
SECTION THREE: CONCLUSIONS OF LA W
A. The proposed changes to the previously approved Development Order do not
require further development-of-regional-impact review.
B. The proposed changes to the previously approved Development Order will not
unn:asonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Gro\\1h Management Plan and the Land Development
Regulations adopted pursuant thereto.
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D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06( 19)(c) which provides... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e)1. it is not subject to the public hearing requirements of
380.06( 19)(f)3. and it is not subject to a determination pursuant to Section 380.06( 19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03-01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion. second and favorable vote.
Done this 26th day of July, 20 II.
ATTEST:.-. 8~ lrJ"......
DWIGwrE:'BROCk. CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A It &s, tt~
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BY NW. ~
FRED W. COYLE. Chairm
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Approved as to form
and legal sufficiency:
t:1 cL /-I--C/() ~\*\\
Heidi Ashton-ticko
Assistant County Attorney
Section ChieC Land Use/Transportation
Attachment: Exhibit A - Legal Description
CP/ I o-CPS-O 1015\37
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88
RECEIVED
AUG 1 9 2003
EXHIBIT A
LEGAL DESCRIPTION
HERITAGE BAY
COLLIER COUNTY, FLORIDA
Sections 13, 14,23 and 24. Less the South 100 feet of Sections 23 and 24, Township 48 South, Range 26
East. Collier County, Florida.
Containing 2562.3 acres, more or less.
Prepared by:
See attached Sl.!M.'i'.
Not valid without the signature and the original raised seal of a Florldalicensed surveyor and mapper.
P.I.N.: N0442-008-000-FLS1A, Ref.: 5L-242, Date: August 5.2003
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457/ Cotonia/80ultvard. Suite /00 Fort Myers. Florida 33912 239-939-1020. 239.939-7479 .:.'
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