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CCPC Agenda 12/18/2014 R COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA DECEMBER 18, 2014 AGENDA "REVISED" COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,THURSDAY,DECEMBER 18,2014, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—November 6,2014 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. Petition PUDZ-PL20130001813: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88,the Cocohatchee Bay Residential Planned Unit Development,as amended by settlement agreement, by increasing the permissible number of dwelling units from 590 to 652;by adding guest suites in addition to dwelling units; by increasing the development area; by amending Ordinance Number 2004-41,the Collier County Land Development Code,by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST) to the Cocohatchee Bay RPUD;by changing the residential development area to Residential R1 and R2 development areas to allow hi-rise and low-rise multi-family in RI and single family dwellings in R2;by allowing recreational amenities to be available to residents and their guests and club members; by removing the Golf Course "GC" 1 development area; by adding deviations; by deleting the Bald Eagle Managing Plan; by adding a private road cross section, by adding a Sidewalk Master Plan; by revising the Development Standards; by amending the Master Plan and revising Developer Commitments. The property is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida consisting of 625.61+ acres; and by providing an effective date. [Coordinator: Kay Deselem,AICP,Principal Planner] B. PL20140000534/CPSS-2014-3: An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the Unincorporated Area of Collier County,Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by Removing a 0.88± acre parcel from the boundary and decreasing the size of the Henderson Creek Mixed Use Subdistrict by 2±acres;and by adding the 0.88±acre parcel to the boundary and increasing the size of the Mixed Use Activity Center No.18 by 0.88±acres. The subject property is located south of U.S. 41, on the east side of Collier Boulevard (C.R. 951), within the Tamiami Crossing CPUD, Ordinance No. 2008-50, as amended, in Section 3, Township 51 South, Range 26 East, consisting of 0.88± acres; and furthermore, recommending transmittal of the Amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [Companion to PUDA- PL20140000477] [Coordinator: David C.Weeks,AICP,GMP Manager] C. PUDA-PL20140000477: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the density of 235,000 square feet of commercial uses; to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C,a new Master Plan; to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet; to add Deviations regarding directory signs; and to modify and delete Development Commitments. The subject property is located on the southeast quadrant of US 41 and Collier Boulevard in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 24.5+ acres; and by providing an effective date. [Companion item to Small Scale GMPA to A/C #18 and Henderson Creek, PL20140000534/CPSS-2014-3] [Coordinator: Nancy Gundlach,AICP,RLA,Principal Planner] NOTE: This item has been continued to the January 15,2015 CCPC meeting: D. An ordinance of the Board of County Commissioners of Collier County, Florida, amending ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One — General Provisions, including section 1.08.02 Definitions; Chapter Five — Supplemental Standards, including section 5.05.05 Automobile Service Stations, more specifically, to address automobile service stations in proximity to residential property; Section Three, Conflict and Severability; Section Four, inclusion in the Collier County Land Development Code; and Section Five, Effective Date. [Coordinator: Caroline Cilek,AICP,LDC Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 AGENDA ITEM 9-A Cod er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING& REGULATION HEARING DATE: DECEMBER 18, 2014 SUBJECT: PUDZ-PL20130001813: COCOHATCHEE BAY RPUD PROPERTY OWNER& APPLICANT/CONTRACT PURCHASER/AGENT: Applicant/Owner: Agents: Lodge/Abbott Associates LLC Richard Grant,Esquire D. Wayne Arnold,AICP 3400 Lafayette Street Grant Fridkin Pearson, P.A. Q. Grady Minor& Associates, Inc. Detroit,MI 48207 5551 Ridgewood Dr., Suite 401 3800 Via Del Rey & Naples,FL 34108 Bonita Springs, FL 34134 Lodge/Abbott Investment: Associates LLC 3400 Lafayette Street Detroit,Ml 48207 REQUESTED ACTION: The applicant is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Cocohatchee Bay Residential Planned Unit Development (RPUD), to approve several changes to the project. For details about the project proposal,refer to"Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, with the additional land proposed, consisting of 625.61± acres, is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida (See location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to this RPUD, that is governed by Ordinance Number 2000-88, as PUDA-PL20130001813-Cocohatchee Bay RPUD Page 1 of 22 December 18,2014 CCPC Revised: 12/8/14 ■ • �� . �' i� . c . �1_i' 4 11A I Jr4 • 101 114Fin -4 t Vil 71' r . .... . . 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' ..rtei.' - `v , " •••• . ` °=.-r,V-..;1:- ;-,-,':1•;', - ' '' - ,,„,,,, ■‘•",-;":'''''','C... k,''''' ',f1,.; • ''''''''''..!,.. .1','''''' .. ., ..... — -- I 1 I Audubon Country Club POD Density:0.94 1 i Audubon Country Club POR Density:0.94 1 1 Bay Forest POD 1 Density:5.50 I I j li Waterylades POD 1 V. , Density:5.75 Glen Eden On the Bay POD 1 0/ Density:2.30 / Wiens Place PU6 A t bar Trace MD ,Density:4,00 ` !lenity:534 ....,.. , / y''''',;.Project location'', • ‘ Tarpon Cove POD ':Cocohatchee Bay,PUD � i{ Density:4.0(1 /- . WIGGINS PASS RD _ 1 I 41 1 i i I i m: `I6 IheDsity:untes den 3.39 PUD n. v I ip 1 4� N I I i•`� 4�"} BluebiI AVE 111th AVE N tmmokatee RD — \, 1 ! 0 5001,000 2,000 3,000 GROSS DENSITY PER ACRE (UPA) — Feet FOR COCOHATCHEE BAY PUD �,u.,�„,.,, Gt6 meppmp eelh Vane 0.CP SURROUNDING PROPERTIES �`° Man'°.m°"°Nk on that document is amended by settlement agreement. Please note that the Board of County Commissioners (BCC) will determine if it desires to amend the settlement agreement before it considered this rezoning request. Consistent with the approved title for this project, the following changes are being sought: • increase the permissible number of dwelling units from 590 to 652 • increase the development area by changing the zoning classification of an additional 93.521 acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay(RSF-3-ST)to the Cocohatchee Bay RPUD • change the residential development area to Residential R1 and R2 development areas to allow hi-rise and low-rise multi-family in R1 and single family dwellings in R2 • allow recreational amenities to be available to residents and their guests and club members • remove the Golf Course"GC"development area • add deviations • create an Amenity/Recreation Tract • add a private road cross section,by adding a Sidewalk Master Plan • revise the Development Standards • amend the Master Plan and revising Developer Commitments • prohibiting docks in navigable water of the State of Florida or submerged areas; only allowing docks on internal lakes The petitioner provided the narrative statement shown below: The Cocohatchee Bay Planned Development (PUD) was previously approved as Ordinance 2000-88, and then amended in 2008 by a Settlement Agreement and Release between the property owner and Collier County. The Settlement Agreement and Release is recorded in Official Records Book 4368, Page 2345, of the Public Records of Collier County, Florida. The property owner is proposing to amend the Cocohatchee Bay PUD in order to increase the project acreage by approximately 93.6+/-acres for a total of 626.3+/-acres, and increase the number of permitted dwelling units by 62 units from 590 to a maximum of 652 dwelling units. All additional residential dwelling units above the previously approved 590 units will be limited to single family dwelling units on large lots and located on the eastern parcel previously approved for the golf course use. The PUD amendment is necessary in order to make the proposed acreage, unit number and type modifications. The previously approved golf course will be deleted from the list of permitted uses. Additional provisions are included to allow a maintenance facility, sales and administrative offices, as well as other recreational facilities to serve residents, club members and their guests within the Cocohatchee Bay PUD. The site, an irregularly shaped tract, is currently undeveloped except for clearing done along the western boundary of Vanderbilt Beach Road between Aqua at Pelican Isle and Arbor Trace. A model center is under construction on the cleared site. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 2 of 22 December 18,2014 CCPC Revised: 12/8/14 Amendment Petition History: This petition was originally submitted on December 31,2013. At that time, the petitioner was seeking the following changes: • Increase acreage by 93.6±acres from original amount of 532±to a total of 626.3± • Increase the number of dwelling units from 590 to 870 units • Add Group Housing for seniors at 0.6 FAR • Add single family detached and attached dwelling units and variable lot line dwelling units • Add an Amenity/Residential District and uses • Add boat docks as an allowable principal use in the Preserve District • Remove Golf Course use • Amend Settlement Agreement • Remove Bald Eagle Management Plan from the PUD document • Add Deviations • Add tennis club and other recreational facilities and other clubs • Add maintenance facilities • Add restaurants,cocktail lounges and other facilities to serve club members and guests • Revise the Transportation commitments to reflect what commitments have already been met • Add a Transportation commitment to require 10 foot wide pathway on the western side of Vanderbilt Drive, • Revise the Master Plan to reflect the addition of land and show changes necessitate by other revisions as noted above On March 19,2014,the petitioner held a duly advertised Neighborhood Information Meeting (NIM). A brief overview of that meeting reveals the following: The agents introduced themselves, and gave a brief overview of the proposed changes to be affected by amending the settlement agreement: • Add 93 acres • Increase dwelling units from 590 to 870 dwelling units plus add Group Housing units for seniors at 0.6 FAR(in addition to the 870 units) • Replace the Golf Course use with dwelling units Issues raised by attendees: • Opposed to amending the settlement agreement at all • Opposed to adding more units • Opposed to removing the golf course unless it remains as green space • Opposed to adding new units in the golf course tract without showing details about the units—locations,setbacks,buffering height,types • Opposed due to concerns about increased traffic and the lack of proposed widening of Vanderbilt Drive or Wiggins Pass Road PUDA-PL20130001813—Cocohatchee Bay RPUD Page 3 of 22 December 18,2014 CCPC Revised: 12/8/14 • Opposed due to concerns about pedestrian and bike safety based upon the increase in number of units • Opposed due to concerns about construction noise and what the developer would do to offset it • Opposed due to concerns that if another agreement might be reached it could be changed again sometime in the future • Opposed because of concerns that the increased intensity would cause flooding On August 11,2014,the applicant's agents resubmitted the application materials with the following that is an excerpt from the resubmittal cover letter: Following the March 19, 2014 Neighborhood Information Meeting, representatives of the property owner initiated discussions with neighboring property owners and other interested parties. As a result of these discussions, the property owner has agreed to significantly modem the re-zoning request. While it is not intended to be exhaustive, below is a summary of the key modifications to the PUD from the initial project submittal: 1. Requesting an increase of only 62 additional dwelling units, rather than the 280 initially requested. The 62 additional dwelling units will be located on the parcel east of Vanderbilt Drive, and will be limited to detached single-family dwellings on approximately one-half acre sized lots. 2. A 100' wide vegetative buffer will be provided where the project development would abut any existing residential structure on adjacent parcels. 3. The request for senior housing has been eliminated from the PUD. 4. Boat docks and the dock extension request on the navigable water areas have been eliminated. S. Project access to U.S. 41 has been eliminated. 6. The developer added a commitment to permit and construct a 6' wide walkway along the north side of Wiggins Pass Road within the County ROW from Vanderbilt Drive to connect to the existing sidewalk near U.S. 41. 7. Eliminate the Amenity/Recreation District tract. 8. Eliminate the storage, maintenance, recreation and amenity uses from the parcel east of Vanderbilt Drive. The final resubmittal,made on October 6,2014,responded to staff's miscellaneous questions but did not significant change the petition content, SURROUNDING LAND USE AND ZONING:, North: The Audubon Country Club, a developed golf course community zoned PUD approved at a density of 0.94 units per acre; Arbor Trace, a condominium development zoned PUD approved at a density of 5.34 units per acre, Glen Eden, and Falling Waters, residential developments that are zoned as the Village Place PUD approved at a density of 4.0 units per acre PUDA-PL20130001813—Cocohatchee Bay RPUD Page 4 of 22 December 18,2014 CCPC Revised: 12/8/14 East: Bay Forest PUD, a developed residential project with several different projects located within it, approved at a density of 5.60 units per acre; Watergiades PUD,approved at a density of 5.75 units per acre, developed as Villages of Emerald Bay; Glen Eden on the Bay PUD, approved at a density of 2.30 units per acre; Tarpon Cove PUD, approved at a density of 4.00 units per acre, a residential development; Coconilla PUD, approved at a density of 7.98 units per acre, developed as Aqua at Pelican Isle and Pelican Isle Yacht Club, a residential development; the Anchorage development zoned RT,a residential development South: The Dunes PUD, a developed residential community approved at a density of 3.39 units per acre West: Preserve areas of Lely Barefoot Beach PUD; CON and A with an ST overlay, undeveloped except the southernmost portion is part of Delnor-Wiggins Pass State Park. t ILL] ' -,A,LT •rA H c ■ 1 N I rLJ luLA THE •.e, 7S•TF?"L-r.F'. Pt.1.E!•I IA'A d2• Et E'i ._THE s•,� ...HAT'HEE,• 40.7 MEE T:F•••I. • \ fa. HA, ALA ..:F _ ._ . te._ l'IE i I .l ,Tt rn••.410,HEE :'.1 1 L I �'_Elt_LT 11 Jl 11-- 1.11F+ THE -LA A ,1 T E°' Excerpt from the PUD map(8/2014) GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject properties are designated Urban Residential Subdistrict, as identified on the county-wide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). A majority of the Cocohatchee Bay PUD property is within the Coastal High Hazard Area(CHHA), and a portion is outside the CHHA. The Urban Residential Subdistrict allows a base density of 4 units per acre for those lands located outside the CHHA PUDA-PL20130001813—Cocohatchee Bay RPUD Page 5 of 22 December 18,2014 CCPC Revised: 12/8/14 boundary. However, lands located within the CHHA boundary, the Density Rating System of the FLUE subtracts 1 unit per acre, for a total eligible density of 3 units per acre. The existing Cocohatchee Bay PUD is approved for 590 dwelling units (DU) on 532.09 acres, which yields a maximum permitted density of 1.11 dwelling units per acre(DU/A). Relevant to this petition request, the Urban Residential Subdistrict allows residential development subject to the Density Rating System provisions; and non-residential uses such as recreation and open space; and water-dependent and water-related uses subject to Objective 10.1 of the Conservation and Coastal Management Element (CCME) of the GMP and the Collier County Manatee Protection Plan. The proposed additional 62 DUs yields a maximum of 652 DU allowed on 626.3 acres of land, or 1.04 DU/A. Because the proposed increased density is below the maximum allowed eligible density of 3 DU/A for those lands located within the CHHA boundary, and the 4 DU/A for those lands outside the CHHA boundary, the PUD would remain consistent with the Density Rating System of the FLUE. The petition request does not propose development within the±93.55 acres of land to be added to the Cocohatchee Bay PUD boundary. The additional DUs and uses are proposed to be developed partly within the current Residential "R" development areas of the PUD that is proposed to be renamed to"R1,"and partly within the existing"GC"area located on the east side of Vanderbilt Drive, and which is proposed to be renamed to "R2," as depicted in the revised PUD Master Plan. Existing density: 590 DU/532.09 acres= 1.11 DU/A Proposed density: (590 DU+62DU)/(532.09 acres+93.55 acres) = 1.04 DU/A. Note: The LDC contains a different calculation of density by excluding land submerged beneath tidal water bodies and land considered to be marine wetlands. This results in a higher gross density. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review Department's staff as part of the total review of the petition. In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, FLUE Objective 7 and Policies shall be implemented for new development and redevelopment projects, where applicable. The proposed PUD amendment proposes new development patterns and increased density, and therefore applicable policies are listed below,followed by staff analysis in bold print. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Criterion PUDA-PL20130001813—Cocohatchee Bay RPUD Page 6 of 22 December 18,2014 CCPC Revised: 12/8/14 met. As depicted in the revised Master Development Plan, the amendment seeks to add an access onto Wiggins Pass Road(C.R. 888), a collector road as identified in the Transportation Element, in addition to the PUD's existing approved access to Vanderbilt Drive (C.R. 901), a collector road in the Transportation Element.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Criterion met. The proposed amendment maintains internal access within and between the residential development areas R1 and R2 of the PUD.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. (Criterion met. Interconnection to adjoining properties: Bay Forest PUD, Waterglades PUD, Glen Eden on the Bay PUD, Arbor Trace PUD, Village Place PUD, Coconilla PUD, Pelican Isle Yacht Club, RT Zoned lands, and Tarpon Cove PUD, is not feasible or appropriate because lands have been developed with dwelling units or are designated preserve areas.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (Criterion met. The proposed amendment adds single-family units to the existing allowed multi family units. Significant open space is provided(preserves alone are 250 acres.) Civic uses are not proposed but clubhouse use is allowed which are sometimes used for civic purposes, e.g. polling places. As to walkable community, the PUD includes commitment to provide sidewalk along Wiggins Pass Road and multi-use path along Vanderbilt Drive, both external to the PUD, and provides, via a requested deviation, that sidewalks will be built on one side of the street only but will be 6'wide instead of the required 5' wide. Given that there will only be 62 SFDUs, and most streets there will be single loaded (lots on one side of street only),staff does not object to this deviation.) The FLUE was amended in 2013 as part of the EAR-based GMP amendments, including a revision the boundary of the CHHA. Almost all of the existing PUD is now within the CHHA, and the ±93.55-acre addition is entirely within the CHHA. As a result, the vast majority of this proposed PUD is limited to a maximum density of 3 DU/A. However,amended CHHA boundary does not affect the subject PUD in that its existing and proposed density is well below this maximum density. CONCLUSION: Based upon the above analysis, the proposed PUD rezone petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). PUDA-PL20130001813—Cocohatchee Bay RPUD Page 7 of 22 December 18,2014 CCPC Revised: 12/8/14 Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances,the project requires review by the Environmental Advisory Council (EAC). An active bald eagle nest occurs on the property and there are changes in the location to previously approved preserves. A minimum of 123.2 acres of native vegetation are required to be retained for the PUD. Preserves within the PUD meet the selection criteria in the LDC and GMP. The large, approximately 227.2 acre preserve located on the west side of Vanderbilt Drive is interconnected with adjoining off-site preserves and coastal water bodies, to form a contiguous interconnected wildlife corridor. State owned lands within Delnor-Wiggins Pass State Park and Barefoot Beach Preserve County Park also border the waterway and lie immediately west of the subject property. Protected species documented utilizing or potentially utilizing this preserve and adjacent coastal water bodies include bald eagle, smalltooth sawfish, manatee, bottle-nosed dolphin and listed species of wading birds. The lands being added to the PUD at the north end of the preserve were purchased by the developer as mitigation to offset U.S. Fish and Wildlife Service (USFWS) requirements for potential impacts to bald eagle nesting habitat in the area. In addition, another approximately 34.4 acres of wetland habitats below mean high water (MHW) will be retained within this preserve/bay system as part of the PUD. Development within proximity to bald eagle nests will follow the bald eagle management plan approved with the Settlement Agreement for the PUD. Minor revisions to the bald eagle management plan are proposed for consistency with proposed changes to the development plan and Florida Fish and Wildlife Conservation Commission (FWC) bald eagle management protocols. The revised bald eagle management plan is included with the environmental data for the project. The USFWS has previously approved these changes to the bald eagle management plan. The bald eagle management plan will be removed from the PUD document as it is no PUDA-PL20130001813—Cocohatchee Bay RPUD Page 8 of 22 December 18,2014 CCPC Revised: 12/8/14 longer required by the LDC to be included as part of the PUD document. In accordance with the bald eagle management plan approved with the Settlement Agreement, any revisions by State and Federal permitting agencies to the terms and conditions of the bald eagle management plan do not require an amendment to the PUD or bald eagle management plan, but only require that the County be notified in writing of any revisions. The applicable provision from the bald eagle management plan contained in the Settlement Agreement is provided below. D. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS Any revision by the U.S. Army Corp of Engineers (USACE), the US. Fish & Wildlife Service (USFWS), and the Florida Fish & Wildlife Conservation Commission (FFWCC) that may cause revision of the above described terms and conditions will not require further amendment of the Cocohatchee Bay PUD or this Bald Eagle Management Plan. Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notes the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. Gopher tortoises also occur on site in the uplands within the PUD. Recently, in preparation for the condominium on the west side of Vanderbilt Drive, a total of 59 gopher tortoises were relocated to off-site relocation banks per approvals from the FWC. Relocation of gopher tortoises in accordance with FWC gopher tortoise permitting guidelines is allowed by the LDC. An estimate of 35 to 40 gopher tortoises remain within the PUD and these will be relocated or retained in proposed upland preserves containing suitable habitat on the east side of Vanderbilt Drive. Approximately 16 to 28 acres of pine flatwood and scrub habitat suitable for gopher tortoises will be protected within these preserves. Off site relocation may be utilized so the carrying capacity of the habitat is not exceeded. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project as proposed will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in the PUD document Table II, Development Standards for Rl and R2 Tracts show the following for the two residential tracts: PUDA-PI20130001813--Cocohatchee Bay RPUD Page 9 of 22 December 18,2014 CCPC Revised: 12/8/14 DEVELOPMENT STANDARDS "Rl" "R2" "RI" HIGH-RISE Single—Family Low Rise and Single Story Multi-Family Detached Multi-family Dwellings Dwellings Minimum Lot Area N/A 20,000 SF 1 Acre Minimum Lot Width N/A 80' N/A Front Yard-Internal Road *1 0.5 BH not less 25' 0.5 BH not less than 25 feet than 25 feet Front Yard Accessory Bldg. Including 0.5 BH not less 0.5 BH not less than 25 feet Parking Structure than 25 feet 25' Front Yard-Vanderbilt Drive BR 25' N/A Front Yard-Accessory Bldg. 50' 25' N/A Side Yard 0.5 BH 15' 15' Rear Yard Principal*4 0.5 BH 25' 15' Rear Yard Accessory*4 15' 15' 10' Maximum Zoned Principal Bldg Height 20 stories for a 35' 60' *3 max.height of 200 feet *2 Maximum Zoned Accessory Bldg Height 35' 35' 35' *6 Distance Between Principal Structures 0.5 SBH *5 15' 0.5 BH not less than 15 feet Floor Area Min. (S.F.) 1 800 SF 1200 SF 1200 SF*7 Preserve Setback—Principal 25' 25' 25' Preserve Setback—Accessory 10' 10' 10' BH: (Building Height): Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement(if not curbed). C. If the parcel has private road frontage on two sides, setback is measured from the side with the longest frontage with the other frontage designed as a side yard. D. For structures with side entry garages, the minimum front yard for the side entry garage may be reduced to 12'. *2 Building height for the north property line adjacent to Arbor Trace in the °R1" tract shall be 17 stories for a maximum zoned height of 175 feet. *3. Building height for all principal structures in the R1 tract shall be consistent with the site development plans previously approved for the Property pursuant to the Settlement Agreement and Release. *4. Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer,as may be applicable. *5. Where buildings with a common architectural theme are angled, skewed or offset from one another, and walls are not parallel to one another,the setbacks can be administratively reduced. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 10 of 22 December 18,2014 CCPC Revised: 12/8/14 *6. For purposes of this Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais *7. For accessory uses,including guest suites and cabanas,there shall be no minimum floor area. The Development Standards are similar to the other projects approved in the area regarding setbacks and lot sizes. As shown in the aerial photograph, the surrounding land use and zoning discussion of this staff report, and the Master Plan, the site is bounded to the north, south and east (across streets in some cases) by developed residential uses within numerous subdivisions and condominium projects. The Dunes PUD was approved for some buildings up to 150 feet tall/15 stories. Arbor Tract PUD also was approved for 15 stories with parking allowed under the first living story. Wiggins Bay was approved for multi-family structures of 15 stories. The applicant is not proposing any changes to the R1 High Rise Multi-family dwelling units other than to provide a maximum building height for accessory buildings of 35 feet, and a preserve setback for principal structures of 25 feet and 10 feet for accessory structures. Staff offers the following comments on the proposed changes. The change is listed first, following by staff comments in italics. • increase the permissible number of dwelling units from 590 to 652 The applicant proposes an increase of 62 units, with a gross density of 1.41 units per acre, still renders this project well below the 3 units per acre maximum density. Staff recommends approval of this change. • increase the development area by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay(RSF-3-ST)to the Cocohatchee Bay RPUD The applicant is increasing the development size by 93.52± acres and increasing the Preserve, Open Water, Lakes and Landscape Buffers from 308.0± to 384.0±acres. Staff recommends approval of this change. • remove the Golf Course"GC"development area; and • change the residential development area to Residential Rl and R2 development areas to allow hi-rise and low-rise multi-family in R1 and single family dwellings in R2 The applicant is replacing the golf course area on the east side of Vanderbilt Drive with R2 and preserve tracts. Staff recommends approval of these changes. • allow recreational amenities to be available to residents and their guests and club members A new designation is shown on the Master Plans call the Amenity/Recreation Tract (AR), That tract and some R1 area has replaced the golf course area that was approved for the west side of Vanderbilt Drive. Staff recommends approval of these changes. • add deviations The application is adding right-of way width, cul-de-sac length, sidewalk to allow on one side only, drainage easement size, and sign requirements. Staff provides a separate section addressing each deviation. • add a private road cross section,by adding a Sidewalk Master Plan This is a two-sheet Exhibit D. This exhibit shows the effect of the sidewalk deviation request. • delete the Bald Eagle Management Plan PUDA-PL20130001813—Cocohatchee Bay RPUD Page 11 of 22 December 18,2014 CCPC Revised: 12/8/14 Environmental staff has evaluated this request and recommends approval, noting that the regulations no longer require that Bald Eagle Management Plans be recorded with a PUD document. • revise the Development Standards The Development Standards are being amended to provide standards for the proposed R2 single-family detached units, revise the Low Rise and single-story multi family buildings, add preserve setbacks, and add footnotes. • amend the Master Plan The amended Master Plan, a two page set, shows the additional property, the AR tract, the preserves, the R1 and R2 tracts. Staff supports the approval of this Master Plan. • revise Developer Commitments The applicant is revising the General Development Commitments to note the project is a Residential Planned Development, by adding the R to the PUD designation; Section 6.4 is being updated provide an entity to be responsible for the PUD commitments; Section 6.6 has been revised to make reference to the currently sought deviations; Section 6.7 is being updated to reflect what commitments have already been satisfied and a restatement of other transportation commitments; Section 6.8 is being amended to remove redundancy with other regulations and incorporate several new Utility comments as recommended by Collier County Utility staff members. Please note however that the proposed PUD amendment is INCONSISTENT with the settlement agreement and staff is recommending approval of this PUD amendment on its own merits only if the BCC wishes to amend the settlement agreement. Deviation Discussion: The petitioner is seeking approval of seven deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs. . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road,to allow a minimum 40-foot wide local private road. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 12 of 22 December 18,2014 CCPC Revised: 12/8/14 Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation will allow the developer to provide all required infrastructure within a combination of dedicated right-of-way and easements. All roadways are intended to be private and in a gated community. A cross-section of the proposed internal private road is provided. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet to permit a cul-de-sac approximately 5,800 feet in length with appropriate signage and an appropriate emergency vehicle turnaround at approximately '/4 mile from the entrance of the cul-de-sac. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The deviation will be limited to one cul-de-sac street within the PUD, and is warranted due to the configuration of the lake and preserve areas on the Master Plan. The County Engineer is authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. A condition relating to looping of the utilities has been added in Section VI of the PUD. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation recognizes that in cases where the storm pipe size is a smaller diameter and the pipe is shallow, a smaller footprint is necessary to provide access PUDA-PL20130001813—Cocohatchee Bay RPUD Page 13 of 22 December 18,2014 CCPC Revised: 12/8/14 and maintain the pipe. Smaller equipment and a shallow pipe will produce a narrower area needed to trench the pipe. The deviation allows less land to be encumbered in these specific cases, which can also result in less environmental impact in some areas of the site. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 4 seeks relief from LDC Section 5.06.02.13.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the U.S. 41 frontage of the property and to exceed the maximum sign height of eight (8) feet for a maximum of ten(10)feet in height from adjacent roadway centerline elevation. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is justified because the project has a narrow frontage on U.S. 41, and will not be accessing the site from US. 41. Access to the project is from Wiggins Pass Road and Vanderbilt Drive. The property owner wishes to have signage to announce the project on the high visibility U.S. 41 corridor. Had an access point been proposed on U.S. 41, the requested signage would be permitted. The access originally proposed to U.S. 41 has been eliminated after discussions with neighboring property owners. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow 6-foot wide sidewalks on one side of the street, as identified on Exhibit C,attached hereto. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 14 of 22 December 18,2014 CCPC Revised: 12/8/14 Petitioner's Rationale: The applicant states in his justification for this deviation the following: In lieu of a S' sidewalk on each side, a 6' sidewalk will be provided on 1 side of a street. Further, the single-family area is limited to 62 homesites, reducing the need for dual sidewalks due to the very low number of homes. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.133.5 states that,"In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses as limited by the property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. In addition, as limited above, the proposed property development regulations provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 15 of 22 December 18,2014 CCPC Revised; 12/8/14 Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis and Deviation Discussion sections of this staff report,staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP FLUE and Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. PUDA-PL20130001813--Cocohatchee Bay RPUD Page 16 of 22 December 18,2014 CCPC Revised: 12/8/14 The petitioner is seeking several deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviations can be supported,finding that,in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The comprehensive Planning Staff has provided an in-depth analysis of the GMP FLUE and FLUM provisions; zoning analysis provides an in-depth review of the proposed amendment. The petition can also be deemed consistent with the CCME and the Transportation Element based upon the review provided by the reviewers responsible for that task. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. An excerpt from the map prepared by the Collier County GIS/CAD Mapping Section is provided earlier (Excerpt from PUD map 8/2014) that shows the adjacent projects discussed previously. The uses proposed or developing in the nearby residential properties are similar to what is proposed in this amendment. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the majority of the site is already zoned PUD. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 17 of 22 December 18,2014 CCPC Revised: 12/8/14 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the proposed purchase and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek changes. The rezone and amendment to the existing PUD will allow the owner the opportunity to develop the land in a manner other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed petition, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in the PUD document,is consistent with the County's land use policies that are reflected by the Future Land Use Element(FLUE) of the GMP. Therefore,the proposed change should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in the PUD document of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between structures; therefore the project should not significantly reduce light and air to adjacent areas. PUDA-P120130001813--Cocohatchee Bay RPUD Page 18 of 22 December 18,2014 CCPC Revised: 12/8114 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed changes in this petition are not anticipated to be a deterrent to the improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The PUD zoned subject property could be developed within the parameters of the existing zoning designations except for the lands being added which are not zoned PUD. The petitioner is seeking this rezone and amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone and amendment meets the intent of the PUD district regulations, if staff's stipulations are addressed, and further,believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary follows the existing and proposed property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban- designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 19 of 22 December 18,2014 CCPC Revised; 12/8/14 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the sole determining factor when evaluating the appropriateness of a particular zoning petition. The petition was reviewed on its own merit for compliance with the GMP and the LDC. The proposed rezone and amendment are consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant's agents conducted a duly noticed Neighborhood Information Meeting (NIM) on March 19, 2014. The synopsis of that meeting is included in the application materials provided by the applicant's agent. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 20 of 22 December 18,2014 CCPC Revised: 12/8/14 NEIGHBORHOOD INVOLVEMENT: To date, staff has received email messages that contained two separate petitions, one with 714 signatures, and the other purportedly with hundreds of signatures, opposing the re-opening of the Settlement Agreement and any changes in the zoning of the property. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on December 1,2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-PL20130001813 to the BCC with a recommendation of approval. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 21 of 22 December 18,2014 CCPC Revised: 12/8114 PREPARED BY: j ` KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: >' lL//c /its RAYMOND;V. BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: cTr ZINiF 7 / 2. -o 1`f ASALAN iDA/4 , RATOR DATE GROWTH MANAGEM T r ISION Tentatively scheduled for the January 27,2014 Board of County Commissioners Meeting PUDA-PL20130001813—Cocohatchee Bay RPUD Page 22 of 22 December 18 2014 CCPC Revised: 12/8/14 "RI n _ ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 652; BY INCREASING THE DEVELOPMENT AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 93.52* ACRES OF LAND ZONED RESIDENTIAL SINGLE FAMILY (RSF-3) AND RESIDENTIAL SINGLE FAMILY WITH A SPECIAL TREATMENT OVERLAY(RSF-3-ST) TO THE COCOHATCHEE BAY RPUD, BEING ADDED THERETO AS PRESERVATION LANDS; BY REMOVING THE GOLF COURSE "GC" TRACT AND REPLACING WITH RESIDENTIAL "R2" TRACT; BY CHANGING THE RESIDENTIAL DEVELOPMENT AREA TO RESIDENTIAL "Rl" AND "R2" DEVELOPMENT TRACTS TO ALLOW HIGH-RISE, LOW-RISE AND SINGLE-STORY MULTI-FAMILY DWELLINGS IN "Rl" AND SINGLE FAMILY DETACHED DWELLINGS IN "R2"; BY CREATING AN AMENITY/RECREATION "AR" TRACT; BY ALLOWING RECREATIONAL AMENITIES TO BE AVAILABLE TO RESIDENTS, CLUB MEMBERS AND THEIR GUESTS; BY ADDING DEVIATIONS; BY RESTRICTING PLACEMENT OF DOCKS TO WITHIN THE WATER MANAGEMENT LAKES LOCATED WITHIN THE RPUD; BY ADDING A PRIVATE ROAD CROSS SECTION; BY ADDING A SIDEWALK MASTER PLAN; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 625.61* ACRES. [PETITION PUDZ- PL20130001813] WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC,represented by Richard Grant, Esquire of Grant, Fridkin, Pearson, PA,petitioned the Board of County Commissioners to amend the RPUD and change the zoning classification of the additional herein described real property. [14-CPS-01284/1137543/11 128 Cocohatchee Bay\PUDZ-PL20130001813 Page 1 of 2 Rev. 12/05/14 Q LJ ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Zoning Classification, The zoning classification of approximately 93.52± acres of the herein described real property located in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida is changed from Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST) zoning districts to a Residential Planned Unit Development (RPUD) zoning district together with the existing Cocohatchee Bay RPUD for a 625.61± acre project in accordance with the revised Cocohatchee Bay PUD Document, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A-PUD Document [14-CPS-01284/1137543/1)128 Cocohatchee Bay 1 PUDZ-PL20130001813 Page 2 of 2 Rev. 12/05/14 ___ ....+�...—_ .. ,. ...a Rla..._.c.._..... .._�u :r..._.ice.. .Y.-3iht:..- ....c. , :Yi__..a....':4.z.1,t4}c:1. Id JS.,is....-1.s At(S•;...,�. T..•tti,:..,:.• COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT AMENDED REGULATIONS AND SUPPORTING AMENDED-MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II,LTDLODGE/ABBOTT ASSOCIATES LLC AND LODGE/ABBOTT INVESTMENTS ASSOCIATES,LLC PREPARED BY: Q GRADY MINOR AND ASSOCIATES,INC. PMS,INC. OF NAPLES GRANT FRIDKIN PEARSON,P.A. SUITE 108 NAPLES,FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12' ORDINANCE NUMBER 2000-88 AMENDMENTS AND REPEAL DOCUMENT DATE 24 SETTLEMENT AGREEMENT AND RELEASE DATED June 9—,2008 Cocohatchee Bay RPUD Text added is underlined PUDZ--PL20130001813 Text deleted is atsvelrrdiretigh Date: 12/3/14 248/9$-raeyiSion ■ • I. I q<1.4.0.0r;a3,V.,14K+KVW,151.1,.:;1. ail kkit.t., Mat Exhibit"A" • -;- • - • • .• !.• IT; ,T. Cocobatchee Bay RPUD Text added is traderlinect PUDZ PL20130001813 Text deleted is stivelf-thfettaji Date: 12/3/14242-814-fevisiOn Ae■wwwwwommion INDEX PAGE List of Exhibits and Tables Ii Statement of Compliance Ill SECTION I Property Ownership,Legal Description and Short Title SECTION II Project Development 2410 SECTION III Residential Development AreanTract .3414 SECTION IV Golf Course/Open Space 1.1 • SECTION IV Amenity/Recreation Tract 20 SECTION V Preserve Distfiet Tract 2254- SECTION VI General Development Commitments 2564- Cocohatchee By RPUD Text added is underlined PUDZ--PL20130001813 Text deleted is traelt-tiff-eafzh Pate: 12/3/144/28-10.8-revisiefi I 1-• , 1.1.1,14-.11441,4 t1.71,LX•Ve.",.!V.V.WeiT LIST OF EXHIBITS AND TABLES EXHIBIT"A" Amended Planned Unit Development Master Plan EXHIBIT"B" ' : - PlanList of Deviations for Cocohatchee Bay RPUD EXHIBIT"C" -- - -- : • - - Private Road Cross Section EXHIBIT"D" SidewAlk Master Plan TABLE I Land Use Summary TABLE II Development Standards for"RI"and"R2"District Tracts TABLE III Development Standards for"GC" Single Family Cocohatchee Bay RPUD Text added is underlined PUDZ PL20130001813 Text deleted is set-through Pate: 12/3/142412$48-Fcwision -.. , a:_.-:'v:' ,.,-vl. aR.-`.5•:. .._-. ":.:.::...;5 A.--+,vov 1.. : ....;4 it ...._'._..- ..r--.. ......., i. +T,Ar ..trcu.-. v I _.. ... BACKGROUND STATEMENT These Amended PUD Regulations and Supporting Master Plan (the "Amended PUD Regulations") amend, restate and completely replace the Cocohatchee Bay PUD Ordinance No. 2000-88 adopted December 12,2000(the"Original PUD"),as it has been amended by virtue of a Settlement Agreement and Release made between Lodge/Abbott Associates LLC, a Michigan limited liability company (the"Developer"), and the Board of County Commissioners of Collier County,dated June 9,2008, as recorded in Official Records Book 4368,Page 2345 of the Public Records of Collier County, Florida (the "Settlement Agreement and Release"). The Settlement Agreement and Release have been modified and amended concurrently by an amendment thereto. Any provisions of the Settlement Agreement and Release as are intended to continue and be binding and applicable are incorporated in these Amended RPUD Regulations and supporting Master Plan. STATEMENT OF COMPLIANCE The development of approximately 532.09625.61 ± acres of property in Collier County as a Residential Planned Unit Development(RPUD) shall-te be known as Cocohatchee Bay RPUD.It will be in compliance with the goals,objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatebee Bay RPUD is to be a mixed use residential golf course-community and will be consistent with the applicable elements of the Collier County Growth.Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project RPUD are adequate. The Cocohatchee Bay Project RPUD will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees in accordance with applicable Collier County ordinances. 2. The Cocohatchee Bay Project RPUD will be compatible with and complimentary to existing and planned land uses in the vicinity.Project-The Cocohatchee Bay RPUD lands lie in an tsition--area which-that includes both low-rise residential development and high-rise multi-family development. 3. The subject property's location of the Cocohatchee Bay RPUD in relation to existing or proposed community facilities and services permits the Develoffmcnn residential density 4. The proposed feet-.development of the Cocohatchee Bay RPUD is compatible with and complementary to existing and future surrounding land uses-as-required in Policy 5.1 of 5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 - 11.19 acres RSF-3st 33.57 units Cocohatchee Bay RPUD Text added is underlined PUDZ--PL2Q130001813 Text deleted is sialialf-thFeugh Date: 12/3/14 Page 1 of 4429 • ":. - +-- x.-..r-.:r- .._ `:-.AtrS$ul 1: . :-...1..-<}.a:.}Yf.'.'ii..r,;r}41 It+illirkil=?:.r.'v Ti'c.7 Y:..�1 I1:+t.T.+Le .�. r,v •e n. -erTCy Parcel 5- 161.63 acres RSF-4 = 646.52 units Parcel 6- 13.15 acres RSF-4(3) — 39.45 units Parcel 7- 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) • RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 3.78 units Parcel 10 80.65 acres RMF-12st(3) — 241.95 units RMF-6st(3) Parcel I 1 93.52 acres RSF-3 - 280.65 units RSF-3ST TOTAL 532.09625.61 acres = 1757,902038.46 or 4-68-2038 units 6. The Cocohatchee Bay RPUD will may utilize up to a total of 590 652 units on 532.09625,61 ± acres which equates to a gross density of 1.04 units per acre; and a density of 1.41 units per acre when utilizing_the 461 acres which are above the mean high water line. _ - - _ , _ _ -_ _ This action- takes-the-land use and density is consistent with the Future Land Use Element of the Growth Management Plan,which permits a maximum density of three(3)dwelling units per acre. 76. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code _ - !:•__ • - " . ... - .. - _.. . Element. 8N. The proposedjeet dDevelopment of Cocohatchee Bay RPUD will result in an efficient and economical allocation of community facilities and services 9-8. The project dDevelopment of Cocohatchee Bay RPUD is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 109. All final local development orders for theis Cocohatchee Bay RPUD I rejeet-are subject to the Collier County Land Development Code(LDC). 11. The Cocohatchee Bay RPUD is consistent with FLUE Policies 7.1 —7.4, which address principles of smart growth. The PUD provides for a walkable community connected to the pedestrian network currently existing on Vanderbilt Drive and Wiggins Pass Road. Interconnection with adjacent communities is not feasible ,given that the residential Cocohatchee Bay RPUD Text added is underlined PIJDZ—PL20130001813 Text deleted is stRis#-t eugh Date; 12/3/14 P_ay2 of 4429 projects are private and gated, and other adjacent properties are dedicated preservation areas. e • Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is gtfue-k-thr-euell Date: 12/3/14 Page 3 of 4449 ...ra...± _'� ... f..... ...i..l l...aul... •.Ml1a t..-. ^R'1: 9-M.:-1':.\v'_t.`[.bYiS4�1.\::::L :-!'<LLkSY:.-....'JV:r:'tnL1. (Fati..._... :R.-'... ..at6i 4.1 t_..:C ..a.UX iLC\.. SECTION I PROPERTY OWNERSHIP&GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY RPUD. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID �- TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8,RUN S.88°24'40"W.(SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYORS NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK • 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER • COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE,FOR 961.43 FEET(SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS);THENCE RUN N.22°3 1'00"W.,(SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E.,FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E.,ALONG THE EAST Cocobatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is sac eui# Date: 12/3114 Pate(of 442'9 • {{ LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. . F PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B(ALSO KNOWN AS WIG-GINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268,54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°5420"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET(SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 Cocohatchee Bay RPUD Text added is underlined PUDZ—P1120130001813 Text deleted is atRielf-threuh Date: 12/3/14 Page 5 of 4429 p3 '2.'v.. ..:.... c. ...a., T'..r-:...: I- •:c 1.+1''' I Fit-:A:i'...'. ::.............t..Ni L_.. .v:'k...- .a.a'2t'YI' .. s tL .'4itSt iY to}.':i Nt:;t .. - { FEET (SHOWN IN ERROR AS 2689.35 FEET N THE OFFICIAL RECORDS), TO E j THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST '/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION I7, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN S.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'18"E.,FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET,ALONG SAID BULKHEAD LINE,TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°5220"W., Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is stfae Date: 12/3/14 Page 6 of 4429 ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°4T52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°1710"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., Cocohatchee Bay RPUD Text added is underlined PUDZ-PL20130001813 Text deleted is srack-thFoli Date: 12/.2/14 Pace 7 of 4429 • 1 ':"3t : ...t..:ia_'_ 1 i::'.M1.< -. :.e..':i'.5:.1 - :.1 _:v.t-s�::i Ktx^.i•x. `I'Ck.i..a..i .'.4'v1t'iTi Til':�t'..1 EE'1'.. . - ...0 :_ rl Y:t`:\=Li.:i-..r..e ..'.tMl • ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W.,A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 5.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;THENCE N.02 012'00"W.A DISTANCE OF - 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID • WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE Cocohatchee Bay RPUD Text added is underlined PUDZ PL20130001813 Text deleted is s -through Date: 12/3/14 Pale 8 of 44?9 -i_... .. ..r.. - ..i 7_ ,...._ ,k ,' .. .. . ..C....1.i ...v. . 1 1......,__U 4.•..':iil ..w'-1C.•..ue....,r ... _ .1.. ,,f'..,1M1'nl':'y`1 NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°1 7'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30"W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 }r FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. PARCEL 11 A TRACT OR PARCEL OF LAND IN THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 48 SOUTH. RANGE 25 EAST, • COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE POINT OF BEGINNING AT THE CENTER OF SAID SECTION 8; THENCE SOUTH 0° 23' 10" EAST ALONG THE 1/4 LINE OF SAID SECTION 8, FOR 2196.30 FEET; THENCE SOUTH 88° 24'40" WEST FOR 934.18 FEET; THENCE NORTH 03° 00' 00" WEST FOR 679.31 FEET; THENCE NORTH 67° 30' 00" WEST FOR 1397.99 FEET; THENCE NORTH 22° 31' 00" WEST FOR 944.72 FEET; THENCE NORTH FOR 99.92 FEET; THENCE NORTH 0° 08' 53" EAST FOR 429.82 FEET; THENCE SOUTH 59° 00' 00" EAST FOR 815.68 FEET; THENCE NORTH 89° 12' 20" EAST ALONG THE 1/4 LINE OF SAID SECTION 8 FOR 1907.82 FEET TO THE POINT OF BEGINNING. CONTAINING 93.52 ACRES MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject pProperty is owned by A.L. Dougherty Co. Inc., a Delaware .CerorationLodge/Abbott. Associates LLC, a Michigan limited liability company, and .. Lodge/Abbott Investments Associates,LLC,a Michigan limited liability company. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Cocohatchee Bay RPUD Teat added is underlined PUDZ—PL2013 0001813 Text deleted is ssk-tkron# Date: 12/3/14 page 9 of4429 t:'.. :.,'..r.}:4.,= C'•?L'1' a.c<•.•. ,Hia:..:c.."w�S.-f4-Y % c:..a1 Ld<.{!p,y.+yw:.,.-+;;;. tt.at-Lia:...,-.t Nt..2:._^.i�6.1. .]n.at1L_ ern 3att?C•annl A:-r�,..:uV tr.....:.t»-0ov—a9al: 9 A. The Propertyjcot-site is bordered on the Wwest by the Delenor Wiggins State Park and Barefoot Beach County Park,on the least by Tarpon Cove PUD and Wiggins Bay PUD, on the sSouth by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The historic zoning classification of the project prior to approval of theis original PUD ordinance for the Cocohatchee Bay PUD in 2000 document-was RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6_ST(3), RMF-6(3),and A-ST. The 93.52 acre parcel hereby added to the Cocohatchee Bay RPUD, and designated as Parcel 11 above, is currently zoned as RSF-3 and RSF- 3ST. 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6. Drainage from the pProperty will discharge into Cocohatchee Bay, B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however,falls within the 10'to 11' foot elevation category. The site lies within Flood Zone AE(EL 11') and AE(EL 12')according to Firm Maps 120067-0191D,0187D,and 189D,dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%),Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PROJECT DESCRIPTION The Cocohatchee Bay RPUD is a residential and-golf course community with a maximum of 590 652 dwelling units. Recreational facilities, ancillary amenities, and ancillary facilities including a golf coursetennis facility, clubhouse 1, maintenance faciiiti„ s , caddie quarters, and guest suites will are authorized to be provided in conjunction withaddition to the residential dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes,appropriate screening and buffering and open space. Cocohatchee Bay RPUD Text added is underlined PUDZ—P1,20130001813 Text deleted is -t much Date: 12/3/14 Page,10 of 4449- ; , ' ' • a•••-t 7:19a. tr.,/ F.; 1.7 SHORT TITLE This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDNANCE." F • Cocohatchee By RPUD Text added is underlined pUDZ—PL20130001813 Text deleted is stFuc-k-thr.ou.04 Date: 2/3/14 Page 11 of 41129 . .. u.v....,_.—:...• ._._::LSE_. «_a.•,vur.r.w .. x.i lam:...._. ......:1:.y_-....1 i._...:s.... .- ...�y_u2)t1'�'Ll: ."!-'a,:4;nA-L kt4*•.VY='_iiv...;1. :l:Lldt'Y-.'].efr. .; 4')S•Ti-:.S 1{-- i:'y, fY SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Cocohatchee Bay RPUD Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Cocohatchee Bay RPUDPre-jeet,as well as other project relationships. 2.2 GENERAL A. Development of the Cocohatchee Bay RPUD shall be in accordance with the contents of thise Amended RPUD Regulatio document, the Settlement Agreement and Release attached hereto,and applicable sections of the ... - _..,. !_ - .. -- ...LDC and Growth Management Plan ("GMP") in effect at the time of issuance of any development order, such as, but not limited to:; Pfinal Ssubdivision P-plats, Pfinai Ssite Ddevelopment Pplans, Eexcavation Itiermits, and l preliminary Wwork Aauthorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the _... _.. : !: _ .. _ _..:LDC shall apply. p. B. Unless otherwise noted herein,the definitions of all terms shall be the same as the definitions set forth in the _. •- .• - `- . .. .- LDC in effect at the time of hi:rill:lift tenfiiteach development order application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the Cocohatchee Bay RPUD site may be developed. D. Unless modified, waived or excepted by this Cocohatchee Bay RPUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this Cocohatchee Bay RPUD. E. Development permitted by the approval of this Petitionthis Cocohatchee Bay RPUD will be subject to a concurrency review under the provisions of the LDC at the earliest or next to occur of either final site development plan SDP-approval, final subdivision plat approval, or building permit issuance applicable to this Die Project 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001$13 Text deleted is trough Date; 12/3/14 Page 12 of 4429 , ..-.. ... _... .E ....,.sa ... .......-. .,....._o_._.... 1.-.— .. a ei.....,'.t'..iGl.. �..+ ,ia4k:•..:1:Ju.4.z1::.+..-,5 .G..:c{Ni ...t... .:'tC"`+'sL'.F:a`LM Tr,a.vae.. .a'1l.-.......k.EErI A. The Project Residential Planned Unit Development Master Plan, including land • uses for the various tracts, is illustrated by Exhibit "As" (the Amended--RPUD Master Plan). The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site • development planning or platting. B. The final sizo of the recreation and open 3paoe lands will depend on tho actual COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s/Square Footage ACRES Residential"Rl"_ 590 units 53.7051 -+/- Residential"R2" 62 units 175+/- Golf Course"GC" 2* 170.39+/ Amenitv/Recreation N/A 16+/- Open Space N/A 39838490 +/- (Preserve,Open Water,Lakes and Landscape Buffers) Total 399652 units Total 532.09625.61 +/-ass • • • . a �. 1 1 0 • a . ,y - -- r ' • r , - Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is anus#-t#rou h Date: )2/3/14 Pa„e 13 of 4449 . .r c951 C'.< "iiL�..".c.:• i 1.••••<". ...s.-..3....t. a 31ittM3t. ••:6N1..d-, f � II-- 6!r B. Revised Exhibit "A," the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a . . development of the land shall be in compliance with the Collier County Land Development Code,and the platting laws of the State of Florida. C. The provisions o€4 e--Gel er Coon- -. - ! --• • -C-ede;-when-applicable; in the Collier County Land Development Code prior to the issuance of a building D. The development of any tract or parcel approved for residential development ;_ I contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in Code prior to the submittal of construction plans and a final plat for any portion of • the tract or parcel. • � t F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual • • ' 2.4S MODEL HOMES/SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to,pavilions, viewing platforms, gazebos, and parking areasT-tentsigns, shall be permitted principal uses throughout the • Cocohatchee Bay RPUD, except in Preserve Tracts, subject to the Collier County Land Development—GetleLDC and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the Collier County Land Development CodeLDC. • 2.56 AMENDMENTS TO COCOHATCHEE BAY RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may he made to thine Amended Cocohatchee Bay RPUD document and/or the RPUD Master Plan as provided in the Collier County Land Development CodoLDC. • • 2.0 ASSOCIATION OF' PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Cocobatchee Bay RPUD 'text added is underlined PUDZ—PL20130001813 Text deleted is stRisk-throe_ Date: 12/3/14 Pace 14 of 4429 -- •- ° - - •• - •• - = - --- - :•• - The Developer shall establish a mechanism by recordation of documents in the official land records of Collier County whereby one (1) or more Pproperty Downers' Aassociation(s), or some other legal entity(ies), shall maintain. The Association is a legitimate alternative for the timely and • - • - -• ---- - the common area infrastructure and perform maintenance under the terms and conditions of County development approval. Rer the e ' ` :" , -••• :: ._. •:-- p - - - -.. This function shall include provision for the perpetual maintenance of common facilities, conservation areas and open spaces. The Master or the property owners' association(s) or other legal entity(ies), as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the Cocohatchee Bay RPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. • 2.78 DESIGN GUIDELINES AND STANDARDS . - ---- -- - ------ - Th e Applicant-Developer has not set "stages" or "phases" for the development of the pProperty. Since Tthe pProperty is expected to be developed over an estimated ten fifteen (150) year time period. Consequently, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may,of course,change depending upon future economic factors. { 2.89 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay emu y-RPUD, except in the-Preserve DisteietTracts, as hereafter defined. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential serr+-iees as set forth under the Collier County Land Development Cede: Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is sack throug13 Date:J 2/3/14 Page 15 of 4429 .r..... .M v. 43,1 tt•nteve,V,..• ..SCt I L:..: ,.0•.,-.OlEyi+.::.._:'9Y• ?s,•:,tdht':k':.4t sr R:.:Vic;>�9. `I I..•pT't I 3 12'. Water management facilities and related structures. 23. Temporary sewage treatment facilities. 34, Lakes including lakes with bulkheads or other architectural or structural bank treatments. 45. Guardhouses, gatehouses,and access control structures. 6. Community and neighborhood parka, recreational facilities, community eenters. 58. Landscape features including,but not limited to,landscape buffers,berms, fences and walls which shall be in accordance with the LDC in effect at the time permits are requested unless otherwise specified herein. 69. Any other use which is comparable in nature with the foregoing uses a d eempatleas determined by the Board of Zoning Appeals or the Hearing Examiner. B. Development Standards: Unless otherwise set forth in this document in relation to a particular tract, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any private road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior boundary property lines - One half(1/2) the height of the structure,minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping-Five Ten feet(10-5'). 4. Minimum distance between unrelated structures-Ten feet(10'). 5. Minimum floor area-None required. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 _ Text deleted is se-k-thx-ough Date: 12/3/74 page.1 6 of 4439 ^L 7 ,.,9;s•.: r.:S .,-; ..:-. .rL,K ,.., N n.. . .,. ...:.1. 'd;p ..,..,.,1 ,Ct .,... y.q,bi .u._•t it'••�l$. c,-..-rA tA• 4 -.....::DG3..b 6. Minimum lot or parcel area-None required. 7. Sidewalk3,bikepaths, and cart:: . .: :- - -___ • ,... _..• _: orb 8. Standards for parking, landscaping, signs and other land uses whore such Plan 2.91-0 OPEN SPACES REQUIREMENTS The Amended-RPUD Master Plan satisfies the open space requirements of the Collier shall-be eserved 2.102 LANDSCAPING REQUIREMENTS Development-Cede.- . .._.._ • 1. Trees and shrub3 shall be planted along the base of the berm so as to 2. Ground cover on the sido of be berm shall form a dense attractive mat,and A . A minimum landscape eree-.buffer of thirty-five feet (35') in width shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on'the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is wick-t#reagla Date: 12/3/14 pas•:e 17 of 442g A. ..,,iA ., 1,.. ,..,. l t .aJ Y;1. 1"4,11. .4,74 w,.it'. I x r•-,4 R°<c:'S 1FLi•. .f.vY_e:,-• 'f.5 B. A minimum landscape buffer of one hundred feet (100') in width shall be developed and maintained, utilizing existing native vegetation except as may be necessary to maintain a minimum type A buffer,and utilized on the north and east sides of the R2 Tract when any structure intended to be developed in the R2 Tract would be contiguous to a residential housing structure in an adjacent development,as more fully demonstrated on the RPUD Master Plan. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck thr u h Date: 12/3/14 Page 18 of 4439 .e•..,'xs_. _` •:-.,_.In�,b'i .. Z. -._.:+t•. K.S.i.. ., i•r..j a }YA♦L•w 4+'._. �Y:TY.YrI T'1`•. -m -_l dV1.:.:•.]ai it\4t' lt' ,,,,x..-.� n' ..5 >Y .., ......_._ .._�'ti>_ 1 �:. .•.Sx4F:• k;. S ,::a. ._ .. ._._'.rG:.L��_ SECTION III RESIDENTIAL"Rl"AND "R2"DEVELOPMENT TRACTS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the Amended RPUD Master Plan,as"Rl"and"R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the Cocohatchee Bay RPUD is 698652. The subjeet-Pproperty contains a gross acreage of 532:09625.61 +/-acres and a net upland acreage of 461 +/- acres and base density of 1.4144 dwelling units per gross net upland acre. 3.3 GENERAL DESCRIPTION Areas The tract designated as "R1"_-on the Amended-RPUD Master Plan art-is designed to accommodate high-rise residential dwelling unit types, low-rise or one-story residential dwelling unit types, a full range of recreational facilities and other amenities`essential services, and customary accessory uses. The tract designated as "R2" on the RPUD Master Plan is designed to accommodate, • .. • - ••: ,detached single family dwellings, adult living facilities, compatible nonresidential uses, a full range of „ essential services„ and customary accessory uses. Provided, however, that no residential structures may be developed and/or constructed within the part of the R2 Tract on the RPUD Master Plan that is identified and known as Parcel 6 (Parcel ID number 00155884207),as legally described herein. The approximate acreages are indicated on the Amended••-RPUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of spite Ddevelopment Pplan or Preliminary s•Subdivision Pglat approvals in accordance with the Development—CedeLDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. "Rl"Tract(maximum of 590 dwelling units 1, Principal Uses_ i, High-rise Mniultiple-family dwellings. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL201300018I3 Text deleted is sough Date: 12/3/14 Page 19,of 4429 ,. .1. 1•1 C't,.eYi1, ..',itinUrbil1..j6..4 IZS;-,..4^V.t ,.;�S:t'�C-::A+a><.i+ij FIC4t:vc..u,�i....w..--.,,'.t.:1 L': Tfs}: ..n "�T 1113:.7 1h X1'17%t:�-.• ii. Low-rise and/or single-story multiple-family dwellings. iii. Guest suites and cabanas. Any other principal use which is comparable in nature with the foregoing uses :.-: ._ • . , . - -- -- `-.. -- !'. detefatiaesas determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the"Rl"DistrictsTract. 2.147 Accessory Uses i, —Uses and structures customarily associated with principal uses permitted. ii2_—Recreational uses such as, but not limited to, clubhouse, dining facilities, fitness center, health spa, tennis courts, swimming pools or similar recreational uses to serve residents,club members and their guests, iii. Open space uses and structures to serve residents and their guests such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, non- motorized boat and canoe docks, fishing piers,picnic areas, fitness trails and shelters. Provided, however,that no docks may be constructed within the navigable waters of the State of Florida, but rather docks shall only be allowed to be constructed within water management lakes located within the Proiect. iv, Outdoor recreation facilities, such as swimming pools, basketball courts,parks, playgrounds,pedestrian/bikeways, and passive and/or active water features to serve residents and their guests. v. Community administrative facilities and project information and sales centers. viS.—Any other accessory use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Examinerand which the P-lanning Services Department Director �'aT_to be compatible in the"Rl" et.Tracts. Cocobatchee Pay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is sane' Pate: 12/3/14 Page 20 of 4429 .- - -...:�:,.i"' .r:^i_"iL4y.ht aA ,.: .5.r.,. ... :...:.._._.e[L'1 h:t•.':'1a, _ «, . ti....... _.., . ... .. ..... { B. "R2"Tract(maximum of sixty-two(62)dwelling units) 1. Principal Uses i. Detached single-family dwellings, ii. Any other principal use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the"R2"Tract. 2. Accessory Uses i. Uses and structures customarily associated with the principal use permitted,including,but not limited to. swimming pools,tennis courts and cabanas. ii. Open space uses and structures to serve residents and their guests such as, but not limited to, boardwalks,„nature trails, bikeways, gazebos, picnic areas, fitness trails and shelters. iii. Outdoor recreation facilities, such as tennis courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features to serve residents and their guests. iv. Any other accessory use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the"R2"Tract. 3.5 DEVELOPMENT STANDARDS A. Table H sets forth the development standards for land uses within the "RI" and "R2"-Residential_DistrictsTracts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay RPUD,are to be in accordance with Collier County Land Development Codethe LDC in effect at the time of site Ddevelopment Pplan approval. Unless otherwise indicated, required yards,heights, and floor area standards apply to principal structures. C. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL2013000]813 Text deleted is st ek rouel3 Date: 32/3/14 Page 21 of 4429 1 x.r_.!I' '1• -vv.....:.Y.rsYvil^vi...v'.5u.. :..i v°. ....°:tivL-+°ELF iZ.2•_.. , ...._...,....<Rin.1 r....r.� .. .a'.iA 3'F5.-1`.i':t:M1'.�'M l}:}+Yit l,.';'>r'itQiss.s�...al .t[5+ ..V'vv.FS •# • 1 ' TABLE II AMENDED COCOHATCHEE BAY 6.0114141:4611-WRPUD • DEVELOPMENT STANDARDS FOR"RI"and"R2"-DISTRIGFTRACTS • • T-ABLE-11 DEVELOPMENT "RI" "R2" "RI" STANDARDS HIGH-RISE Single— Low Rise and Multi-Family Family Single Story Dwellings Detached Multi-family pwellines Minimum Lot Area WA 20,000 SF I Acre Minimum Lot Width N/A 80' N/A Front Yard - Internal 0.5 BR not less 25' 0.5 BH not less Road •1 than 25 feet than 25 feet Front Yard Accessory 0.5 BH not less 0.5 BR not less Bldg. Including Parking than 25 feet 25' than 25 feet Structure Front Yard-Vanderbilt BH 255' N/A Drive Front Yard-Accessory 50' 25' N/A Bldg. Side Yard 0.5 BH 15' 15' Rear Yard Principal*4 0.5 BH 25' 15_ Rear Yard Accessory"4 15_ 15' 10' Maximum Zoned 20 stories for a 35' 3360' principal Bldg Height max.height of 200 feet *2 Maximum Zoned 35' 351 35' Accessory Bldg Hei&ht*6 Distance Between 0.5 SBH *53 T 15' 0.5 BH not less Principal Structures than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF 1200 SF*7&4 Preserve Setback — 25' 25' 25' principal Preserve Setback — 10' 10' 10' Accessory H: (Building Height):Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. , . BH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. II distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. Cocobatchee Bay RPUD Text added is underlined ?LIDZ—PL20130001813 Text deleted is st uck lhreagh Date: 12/3/14 Page.22 of 4434 1 .:,al ...... .....- '.>...2::— :.1 :..�.. , ,__r...._�.J••l�:l. I.CT. ._. .__.si.ik-:t M.:S:._%ktiC1: `/_Ci:='.t V.�s,..a:rY4'_-�.-�_.:t },VI)1•Ult•V,c:.h .:iti s..!_:Ci'. F.:...6)t i. r':\�.-r.._uf.'rvi�u,.� B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). C. If the parcel has private road frontage on two sides, setback Is measured from the side with the longest frontage with the other frontage designed as a side yard, D. For structures with side entry garages.the minimum frontyard for the side entry garage may be reduced to *2 Building height for the north property line adjacent to Arbor Trace in the"Rl"tract shall be 17 stories for a maximum zoned height of 175 feet. *3. Building height for all principal structures in the R1 tract shall be consistent with the site development plans previously approved for the Property pursuant to the Settlement Agreement and Release, as provided in SDP- AR-5283 and SDP-AR-5284. *4.Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space may be reduced to 0' feet;however, a reduced building setback shall not reduce the width of any required landscape buffer,as may be applicable. *5.3Where buildings with a common architectural theme are angled, skewed or offset from one another, and walls are not parallel to one another,the setbacks can be administratively reduced. *6. For purposes of this Section,accessory structures shall include but not be limited to attached screen enclosures and roofed lanais *7. For accessory uses,inoludingas well as guest suites and cabanas,there shall be no minimum floor area. • Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struelr-t rounh Date: 12/3/14 Page 23 of 4424 '7, 0,,■,■■ .•:.13a5sar,‘,,•;:„ SECTION IV e e . 77 II 6. e 6 .866. 4.1 PURPOSE The purpose of this Soction is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide• authorized for Development,--all-good quality -. - - ; .. preserved wherever practicable. • : . . , . - -. , . - - - . tered or used, or land or water .•-:, A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, caddie quarters, clubhouse, guest '• 2. Up to 2 single family detached dwelling units. 3. Project information and sales centers. .; 1. Community and golf course maintenance areas, maintenance buildings, -- - , ---waterafieleffluen • : ; ; - , ; - = - • . . offices. 5. Any of the uses of the"P"District subject to the development standards of the"P"district. usesu- - - . - • - - --• - :91• - - :"--- -• ;- - --a. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. snack bars and golf course maintenance yards. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck through Date: 12/3/14 PaGe 24 of 44,1,9 AN;e0. • •., 3. Retail sales of associated recreational equipment and apparel, such as,but - :.•: -4. Restaurants and related uses intended to—serve club members and club guests, 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all •: - a, 2 • areas, fitness trails and shelters, • 7, .,'1.ny other accessory use which is comparable in nature with the foregoing 4.3 DEVELOPMENT REGULATIONS GOLF FACII,ITIES A. Principal structures shall be set back a minimum of twenty feet (20') from Golf • -. - • - - - - - : - --- - - - : • boundaries. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf : - - -- 7 - residernin4-tr-aes-.. C. Lighting facilities shall be arranged in a manner which will protect roadways and D. Maximum heightefstructures Principal Structures 2 stories for a maximum height of 20 feet. .11 . E. Minimum distance between principal structures Ten feet(10'). F. Parking for the community center/clubhou - . - - - -- thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course-parking, provided-the golf course and recreational facilities are private, • otherwise,applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S.Al. Cocohatchee Bay REVD Text added is underlined PUDZ PL20130061813 Text deleted is stfeelf-t4wela Date: 12/3/14 Pacre 25 of 449 - :-.• - - - - I . : , heights, and floor area standards apply to principal structures. •••!.. • e• _ No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal structures shall be set back a rninimum of twenty feet (20') from Golf " • : . ' : - : -.-C 2" - ... .1! boundaries. 1 B. Accerisory structures shall be set back a minimum of ten feet (10') from Golf - - - _ee' .. • ma a - • "CC'LSINGLE-FAMILY TABLE4I1 -e • - 0.1- "CC" Siftee-Fa-niity „. Detaeed-Dwellings _ MiainHan—Lat-A-rea 15,500 SF MnitLo3A44:10-- Fron-I-Ya-rd- 20* FronI-Yar-4-443e-aieleages 10' 25' Rear--Yard--P-rinelita4 2kg Rea-k-Y-ar-el-A-eeessevy 4°2 10' -1-81-zeneel-height weeesfier-y-steu-etures 10' Floor Area Min. {S.F.) 1200 SF , ftet-ettfbc.€97 Cocohatchee Bay RPUD Text added is underlined PUDZ—PU20130001813 Text deleted is str-ask-tlifelih Date: 12/3/14 Pa.e 26 of 4429 -::^.'t 'A%.::::.iCt.a..+t.r-.'-.F_A.+�-.- +y...�e:3a::i.:�\c_L'+n:M1U•n,Lr•S ] _lip:!.•.-n:c..-....%.lilt::-l'k+... '. .....__".-.v.::4FT.i.i-•s'::.:.:X. LitLY.¢:lv::::3_Cn.N�li4�-s=3:t'i. t•.+C'r`i,4W4-;t..•.tcaC•i.Wtl,>i'�} Permitted acce-sory uses and structures: • • SECTION IV AMENITY/RECREATION TRACT • 4.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the Amenity/Recreation tract designated as "AR" on Exhibit "A," the RPUD Master Plan. 4.2 GENERAL DESCRIPTION Areas designated as "AR"on the RPLTD Master Plan are designed to contain a full range of recreational facilities and other amenities,essential services, and customary accessory uses. The approximate acreages are indicated on the RPUD Master PIan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of site development plan or subdivision plat approvals in accordance with the LDC 4.3 USES PERMITTED A. Principal Uses: • i. Indoor and outdoor recreational uses such as,but not limited to,clubhouse, fitness center, health spa, swimming pool, dining facilities, tennis courts, Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001 S 13 Text deleted is -thraa Date: 12/3/14 Page 27 of 4429 r basketball courts, playgrounds or similar recreational uses to serve �" 1 residents,club members and their guests. ii. Open space uses and structures to serve residents,club members and their • guests such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, non-motorized boat and canoe docks, fishing piers,picnic areas, fitness trails and shelters. iii. Guest suites and cabanas. iv. Any other accessory use which is comparable in nature with the foregoing uses determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the"AR"Tract. B. Accessory Uses i. Retail establishments intended to serve residents, club members and their guests accessory to the permitted principal uses in the"AR"Tract such as, but not limited to,tennis and recreational related sales. ii. Community administrative facilities and project information and sales • centers. iii. Community maintenance areas and maintenance buildings. iv. Any other accessory use which is comparable in nature with the foregoing permitted accessory uses determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the"AR"Tract. 4.3 AR TRACT DEVELOPMENT STANDARDS Minimum Building Setbacks: Principal Structure: North PUD Boundary: 75' Vanderbilt Drive: 50' Internal Drives: 10' Accessory Structures: North PUD Boundary: 50' Vanderbilt Drive: 35' Internal Drives: 0' • Lakes: 0' Maximum Building Height: Cocohatchee Bay RPUD Text added is underlined j?UDZ—PL20130001813 Text deleted is struck k-throuell Pate: 1213/14 Page 28 of 4424 • J AS Principal Structure: Zoned 45' Actual 50' Accessory Structure: Zoned 30' Actual 35' • i• • !"0 fr Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is stfttc-li-thfsiBala Date: 12/3/14 Page 29 of 4429 r__ea a :., •. .i'-=.._.: , . .4l�:.- -,.-.. mot,: iS-.... .;:_.... ";.-i .1.14hLs., ,y,rx.flvc t - ;.au,-i ,._ .. .ii .._,:at,.S _�4XT 9%1M SECTION V PRESERVE"P"DISTRIGTTRACT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay au RPUD designated as Preserve Tract on Exhibit"A",ea-the Amended-RPUD Master Plan as the Preserve-District. 5,2 GENERAL DESCRIPTION Areas designated as Preserve on the Amended—RPUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District Tract is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay amity--RPUD residents. The Preserve Tract includes the 123.2 acres of preserves as required by the LDC. In addition, the Preserve Tract includes additional lands which the Developer has committed to preserve over and above the minimum LDC requirement. It is currently anticipated that the Preserve Tract will encompass approximately 250 acres. Reduction in acreage to the anticipated 250 acres of Preserve Tracts shall be in accordance with LDC section 10.02.13.E. • 5.3 USES PERMITTED - - ... .. _ _ :Uses limited to the following so lon_ as clearing for such uses does not result in the reduction of Preserve acreage below the minimum requirements of the LDC.Uses are subject to the criteria set forth in the LDC: A. Principal Uses 1. Preserves B. Accessory Uses 1. Passive parks. 1.2- Passive recreational areas as allowed by the LDC, includinglimited-te the following: i. Boardwalks Cocohatchee Bay RPUD Textadded is underlined IUDZ—PL20130001813 Text deleted is stfue1E-tl rem Date; 12/3/1.4 Page 30 of 442-9 ii. Bicycle paths iii. Environmental uses(wetlands and conservation areas) iv. Flower beds v. Golf cart paths* vid.v. Pathways and/or bridges Handicap ramps viii. Equestrian uaes and trails Fitness trails and-slaelt-ers± Hiking and nature trails viii. Open space drainage systems(required for the permitting of the project) Sidewalks • xiv.x. Underground drainage xv. Water parks(fountains) ". • Fishing piers xix. Guardhouses,gatehouses* xx. passive parks, with passive recreational uses subject to this Development Code} Gazebos without walls • xxii.xiii. Picnic areas xxiii.xiv. Wildlife sanctuary xxiv.xv. Recreational shelters.; without walls, in preserve upland areas only xXV.XVi. Drainage and water management facilities structures as may be required by SFWMD subject to the criteria in the LDC Motorized devices required by physically impaired individuals. xvii. 23. Any other accessory use which is comparable in nature with the foregoing uses as determined by the :-: - • - - DifeetefBoard of Zoning Appeals or Hearing Examiner determines-to be compatible in the Preserve Tracts. • 5.4 DEVELOPMENT STANDARDS County Land Development Code, as amended. Any lot abutting a Cocohatchee Bay RPUD Text added is imderlined PUDZ—PL20130001813 Text deleted is amtel,411r-elidi Date.: 12/3/14 Page 31 of 4429 1 i - r 1....3.....r.-,,,,...,.....-.01.•ww......W1 I.:.1/4.41.TM%.7 r.,..- ••i-.:-.•.‘,X.:;;`-:12 Y.:,:'•::"..:■:1-;.,...•,...i.,.;a.-;;;;;;;;;<+.1 ;,;,.:.,;•;;L:..,,'•‘'.C,..:-.W.e.:.,,t r',"•-•;.1' 114....-0,04,-•-".t v•IrniV.7•41,04,.:•,1 .42:121.1`.•,:::•.4.,...,::.:-:-.,..f.w.a?'`7•4, : I 1 ; I . I senstrueteduither--the : . •.. ::.' :. -. -: :...--:.:-, ,.-: .:'- .:.:.-:- Development Services Director. In no event shall those activities be permitted i I i B. Maximum height of structures Twenty five feet(25'). 1 1 1 D. 1 1 1 E. Standards for parking, landscaping, signs and other land uses where such :.-::. 2...: :. - -: `•:- .•:-: ' -.- .. - : :• ...- .... : ::-.- . -.. ...: •:. 1 :..- ....-: LI- : ::•••• :21 .• •t • -: .--• t .. ' D' ' ::—': ' :.- ::: : ;... ....• :4- - ' • 'it.. . -.4, -:.. -: .. 2..., :-.:: , ..•2 at: .. t. ...-:.. : .:: : :-.--.;:. : .2.-.. • . . -: 1 * P . A. . d1•. r..a • I • ... . .— .■ 1 0 „,. . f ::- :- :. :.. .-- .::: ..- . - 3 • — ' D. trict. In addition to Collier County, a non b .• z.. . .- Z.'. ...•:' P..I.- - :;'''''. 'CZ:.; : . :::. . "; ':.. :,- Z. T. 4:;:: •. . .: I.."- . 1 D:. - Z;- ; . .. Z : : ; . " .: s . ''. ' I '' - e --; - : •: ':- , :.-:- * ;%- - ' - -- - Di-alai-et' i ! • 1 i • ' t ' . 1 , ■ . : ',. ..; Cocobatchee Bay RPUD , Text added is underlined il. PUDZ—PL20130001813 Text deleted is stRi4.41ifeuE43 ,.. Date: 12/3/14 ,7'...: Paze 32 of 44-2-9 ...,.. .' t . I L. .7 .. ..• i. .t. '^T 1i'v`''•f•+Ca\t^°�>,Yili:'-�3.'aix+dii•_44- I..\t�k 4^:t;. .. .. Y.tiiiCa..;9 E,4 .:n t 4.. I _ SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the projectCocohatchee Bay RPUD. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and/or; final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this Cocohatchee Bay RPU -• -- ' - •• . •- '- - _- • - - . The Developer, his its successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, bits successor or assignee, shall follow the Amended-RPUD Master Plan and the regulations of thise Cocohatchee Bay RPUD-as-adep4ed, and any other • conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title; is bound by the commitments within this agreementCocohatchee Bay RPUD. 6.3 PUD MASTER PLAN • •-• - -• - -•- ••• . • _ -•.. • - - • • • A. Exhibit "A," the Amended--RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of the LDC, PUD amendments may be made from time to time. • B. All necessary easements, dedications, or other instruments shall be granted to the appropriate governmental and/or private entity to ensure the continued operation and maintenance of all service utilities and all common areas in the Proper 'eot. C. The following shall be considered minor changes and refinements, subject to the limitations of the Cocohatchee Bay RPUD,Section 6.3A and the LDC: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is s9elh Date: 12/3/14 Page 33 of 4429 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County 3. Reconfiguration of golf course envelopes and design features where there 34. Internal realignment of rights-of-way other than a relocation of access points into the Cocohatchee Bay RPUD. 45. Reconfiguration of residential and AR tracts parcels when there is no encroachment into preserve areas-_ 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the C000hatohee Bay Project is contemplated in .... _.. .,. .- _.. _ _• . _ _ _... . :.•: .. - - •. . _ - - - .!. AB. Monitoring Report: An annual monitoring report shall be submitted pursuant to the . . ... - _. .. LDC. BE. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of the LDC C. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this enter shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lodge/Abbott Associates LLC, whose address is 3400 Lafayette Street, Detroit, MI 48207. 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 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 is closed-out,then Cocohatchee Bav RPUD Text added is underlined PUDZ—PL201 30001 81 3 Text deleted is t -ucl oui h Date: 12/3/14 ?age 34 of 4424 ':. eat .,yv� r. ..v.... . -. R V.�q,•.,._ ..4\.4°i{/t4 i.....�ti... 1CiiTt�ii':�..'t:i.T i-\:" the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.5 POLLING PLACES Pursuant to the LDC,provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations or property owners associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) All development infrastructure will be carried out in conformity with the LDC,except as deviations therefrom are articulated and approved in Exhibit `B" to this Cocochatchee Bay RPUD. The Developer reserves the right to request substitutions to subdivision improvements and utility design standards in accordance with Section 06.06.02 of the LDC. A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. (Substitution Previously Approved) B. Private streets shall conform with the right-of-way width requirements of the Land . Development Code except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development Code. (Substitution Previously Approved) 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development Code.(Substitution Previously Approved) 3. Tangents between reverse curves shall not be required under the Land Development Code.(Substitution Previously Approved) Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is streek-tliFetigli Date: 12/3/14 Page 35 of 4429 ._._. ...:.1'}.ti':..:1':i7' :)5:. ... ..e_v..3. .h =1 .il:. ., ......v... 1:. .1'2ti.'.,.... .:.i... .:!.tl,i+•nl l'.. ...,._.!'•k"FiY.'.. ..-:I- •I'r?Y.i.[.,i`^I.'..4.1v,1•A'•8i':..1-i K•' ` • • 4. Street grades may exceed four percent(4%)under the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. (Substitution Previously Approved) 5. Pursuant to the Land Development Code, the standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards.(Substitution Previously Approved) 6. Pursuant to the Land Development Code, the minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet.(Substitution Previously Approved) 6.7 TRANSPORTATION— ', • • •• • • • • •, ' -•- • • ' • • Release In the Original PUD, and the Settlement Agreement and Release, the Developer committed to fulfill certain commitments to contribute towards the transportation impact associated with the Cocohatchee Bay RPUD. As of the effective date of this Amended RPUD, the Developer has satisfied the following commitments: 1. Consistent with its obligations under the Original PUD, the Developer has previously provided additional right-of way along Vanderbilt Drive frontage to Collier County, Florida as required on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. The warranty deed evidencing this transfer is recorded in Official Records Book 4140.Page 3648,of the Public Records of Collier County,Florida, Such conveyance was deemed site related and no impact fee credits were given. 2. Consistent with its obligations under the Original PUD, the Developer has previously provided additional right-of way along Wiggins Pass Road frontage to Collier County, Florida as required on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. The warranty deed evidencing this transfer is recorded in Official Records Book 3583,Page 1537,of the Public Records of Collier County,Florida._ Such conveyance was deemed site related and no impact fee credits were given. 3. Consistent with its obligations under the Settlement Agreement and Release, in or about June 2008, Developer contributed the sum of $3 million to Collier County, Florida to fund Vanderbilt Drive corridor improvements and bridge enhancements. Such conveyance was deemed site related and no impact fee credits were,given. Cocohatchee Bay RPUD Text added is underlined )?UDZ-P1,20130001813 Text deleted is 6131,161f-t meth Date: 12/3/14 Page 36 of 442'9 ix-c .,.,..<.C`fi'..3:•.; 'l:\`1�,,y:. ,ar, . ,�� t,,l `••S's":Y•.'t�'1 Y.C'l .r ab,-•w;rv;:r'v??.'.,�,1✓.�.{nvT `2uY;rtrYtS4<<+J,u'4tce4`�4.:�,.,:{ ,.,yab+3.v}:�,:C:4i�-R The following commitments remain outstanding under the Original PUD or the Settlement Agreement and Release and will be satisfied as set forth herein: A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at the Cocohatchee Bay RPUDPreject accesses external access points when deemed warranted by the erCounty Traffic Operations Depat lucent. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Cocohatchee Bay RPUDProject accesses access points prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The-Developer agrees that Collier County reserves the right to disallow developer . _ . ♦. . Wiggins Pass Road rights of way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as pad-of future four 1 C. The Developer shall provide additional right of way in fee simple-title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right of way • ' -- •• - - - -= -: ! -- . 25 feet on bath sides of Vanderbilt Johnson Engineering, Inc. Such required right of way -along each side of•consideration for impact _ - . - :.. • .•: : ... .. . .- BD. The Developer shall provide additional right-of-way in fee simple title at no cost to Collier County, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of way and accordingly will not be subject to • road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. B. The Developer shall provide the additional--lO-feet of right-of way in fcc simple ... - • . ►_Il . . .. •.— • .. Additional as shown - .. - . . - _... - •- -Johnson-Engineering, Inc. Such required right of wNay along Wiggins Pass Road Cocohatchee Bay RPUD _ Text added is underlined PUDZ—P1,20130001813 Teat deleted is 4r-tiak-tiveueh Date: 12/3/14 Page 37 of 4424 3 1 . , . • :---8 The right of way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right of way in fee simple title, when - , . : - •. : :••," ". .• 9 ..": : ,. . 0 - • . - • . a' north -of this PUD has--dedicated-67.5 feet of right of way along its southern -— - --.•- - '- - ' , ee -- : improvements. Collier County shall compensate the Developer for the right of . - - :.•-: • - . .- . - • N : . - • CG. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project proposed development (this includes turn lanes and other improvements such as lighting). If these - .•- - • - :• :-. • •••def134-14-plizere 1.1. • - . .-• - • - : • - ^ •--a • .. • ::• :.1-- • • 4: : - Pfej-eet: . - - a - -- : :- -uation and water quality , : . . - --- commitments at a fate to be determined, The Project shall accept future . - -::-.:-: -- : • . . - - DI The Developer shall design noise mitigation/abatement systems in accordance .11 with the Co - • Development-GodeLDC. J. in the event the County four-lane improvements to Vander-hilt--Drive-et-Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. Cocohatehee Bay RPIJD Text added is underlined PUDZ—PL20130001813 Text deleted is otruck throuRh Date: 12/3/14 PaRe 38 of 4429 ! ' • • i -....�:::'_.. :iY .".:......_ .....-. '.:.: aF.. I;:::'..ti_•:=.tiw tEVt^s"•-.'-;•^:J' .:._1�'9i.'.ti t'S i'+u!SAki...?.tv.i .Gd+:zSS"A.x..... ._.n-:_?5V°L:?,+'•.i .Fx> , ;'a_d .:nt�a•q-4+. 4'-... b.. :Y.-0 F. The Developer shall construct or pay-in-lieu for a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by Collier County in 2012). The pathway is depicted in Exhibit "D", the Sidewalk Master Plan. This construction of the pathway shall be accomplished by Developer with Developer's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential building within the Cocohatchee Bay PUD or within ninety (90) days of request by County for payment-in-lieu, whichever is later. G. The Developer shall construct a pathway six(6) feet in width on the north side of Wiggins Pass road within the existing right of way extending easterly from Vanderbilt Drive to link up with the existing sidewalk extending from US-41.The pathway is depicted in the Sidewalk Master Plan. This construction of the pathway shall be accomplished by Developer with Developer's funds and is intended to be completed concurrently with the construction of the infrastructure for the "R2" Tract. Notwithstanding the preceding. this construction shall be expressly conditioned upon Developer obtaining the necessary permits from the applicable governmental entities. H. The Developer shall remove the existing by-pass road located adjacent to Vanderbilt Drive upon completion of the construction of the infrastructure for the R2 Tract. The removal of the by-pass roadway shall be accomplished by Developer with Developer's funds. 6.8 UTILITIES The development of this Amended-Cocohatchee Bay RPUD and its supporting Master Plan shall be subject to and governed by the following conditions: , ' .., •.. . . . . . .. ... . .... .•• .. - .. .. the d:..t..:b.,tio.,system I ' Cocohatchee Bay RPUD Text added is underlined PUDZ—PI.20130001813 Text deleted is aksae eugh Date: 12/3/14 Page 39 of 442 l. Dead end mains shall include dead end flushing hydrants. 1> 2. Stubs for future system interconnection with adjacent properties shall be Project. AD. A water distribution system shall be constructed throughout the prejeet Cocohatchee Bay RPUD development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 04-3197 17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer,bits assigns or successors. BE. All construction plans and technical specifications and proposed neighborhood plats,if applicable,for the proposed water system must be reviewed and approved prior to commencement of construction. CF. A sewer distribution system shall be constructed throughout the project Cocohatchee Bay RPUD development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 04-319717, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer,his assigns or successors. DG. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. E. Development on the portion of the Property located on the west side of Vanderbilt Drive will be served by two (2) independent water main feeds and looped internally,unless an alternative is approved by Collier County Public Utilities. F. Development of the portion of the Property located on the east side of Vanderbilt Drive will be served by a water main feed located on Vanderbilt Drive, and by a water main feed located on Wiggins Pass Road. and looped internally, unless an alternative is approved by Collier County Public Utilities. Any development within the portion of the Property. identified by Parcel ID number 00155884207, Cocohatchee Bay RPUD Text added is underlined PUDZ-PL20130001813 Text deleted is str-oek-thr-aagh Date: 12/3/14 Page 40,of 4429 ."•:V.L.p;.'• {:1Kti]:. :.SWI L)t+:.:.�<V iC1]l xa:A'.T1u�.il:.L. s.!:iL:eceuli:.•.:,: rov.':'sE..—..a. rata-:c.....a..r-.,:n.LR:a I .1.z.v neat-i.'#W.�Ti.+tcs'-,•-,11v: eN:;tY.cE:�:1.:arsE-ZW.,of sink +i'a••,> will require a water main feed from U.S. 41,unless this requirement is waived by Collier County Water and Sewer District. G. It is the intention of Developer to loop the internal roadway system. as shown on the PUD Master Plan. If the northern portion of the roadway is not feasible to permit due to environmental permitting criteria a potential 5.800 lineal foot cul- de-sac may result on the east side of the R-2 Tract. If that condition exists, Developer proposes to loop the water system by a directional bore under the jurisdictional wetlands at the northern part of the site to connect the eastern and western portions of the water systems of the R-2 Tract. The alignment of that crossing would he determined at final permitting, but would be expected to generally follow the roadway alignment shown on the PUD Master Plan. If a deviation from Section 1.2.2 or other applicable sections of the Collier County Utilities Standards Manual is required for this directional water crossing,it will be applied for at the time of Subdivision Plat permitting„ in order for the exact specifications and Iocation to be determined. 6.9 ENVIRONMENTAL The development of based on the RPUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida 13. All- • . . ... .. . . . •C•. .•• •- . • .. .. per or similar- to Section 704.06 of the Florida Statutes. ..• . • •• • . -•- •• •_ C. Buffers around preserved jurisdictional wetlands shall be in acoordance w =e State of Florida Env' .-. - .. • - •.. . • - • . • . ' - -- •. '.. ••• .... .. _ plan approval. -- - - -- - .. Cocohatchee Bay R.PUD Text added is underlined PUDZ—PL20 1 30001 8]3 Text deleted is shelf-thraagh Date: 12/3/14 pap 41 of4429 n ...:..... -.0 .i .....: E=t .:.,:•..4i+ .r-.-:'_:'t --.. .4_.a1t 1.-_-._..1.. ;itc tw ..>..,1. ...ise.... .!, e4x a.. ...-1 41..:t...i.. .r...�—.=.s1, 7"i't Where protected species are observed on site, a Habitat Management Plan for .. . .. _ .. . .. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this eiteProperty. The 93.52 acres added to the Property. and identified as Parcel 11 herein and as part of the Preserve Tract. is intended to mitigate any potential impacts to bald eagles located on the Property. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the _. _:-. - _.. _ e: - .. - - .. LDC. C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site,including $site Ddevelopment Pplans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes, if any, in accordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors'storage and office facilities-and-the-like,may be erected Cocohatchee Bay RPUD Text added is underlined PUDZ—PL201300018)3 Text deleted is s k-thce h Date: 12/S/14 Pace 42 of 4439 .......-.t t._t... . ..._1.-: ...0 I'..24...5. ., .... ...u.<'a.i 1..._... . ;iflflFL•.-.. ✓.vRil` 'f.l:3.n ves.htltW:Sil�+6!.tvl•nl. 15_zlSyci•i . 7rei...... a .,u and utilized during the period of Project the Cocohatchee Bay RPUD development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. (Previously approved) B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein.(Previously approved) C. Should any of the signs be requested to be placed within the public rights- of-way, a right-of-way permit must be applied for and approved. (Previously approved) D. All signs shall be located so as not to cause sight distance problems. (Previously approved) 2. Entrance Signs A. Two(2) signs with a maximum area of 40 square feet each or one(1)sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. (Previously approved) B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. (Previously approved) C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences.(Previously approved) 3. Project Signs A. Project signs, designed to promote the Cocohatchee Bay RPUDPejeet,or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, . - ..- .- :_ • :.. E t-and on all land tracts within the Cocohatchee Bay RPUD limits subject to the following conditions: (Previously approved) Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is Wit # Date: 12/3/14 Pant 43 of 44?9 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. (Previously approved) 2) A maximum of four (4)project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage; one (1) shall be . _. ... b ,. :.._ _ - - -- _-, and one (1) shall be located along the CR 888 frontage. (Previously approved) 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences.(Previously approved) 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Collier County LDC in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the -..- _. - .. . e .. .. LDC and other applicable codes and ordinances. If it is demonstrated that fill activities on those buildable portions of the Cocohatchee Bay Project-siteRPUD Property are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the LDC are applicable. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is str-oek-thfeugh Date: 12/3/14 Page 44 of 4439 CN4.'n •1*wia.. `." 41'IU•,4—'6 - "Zi< . .p Ki COI—,nui :".A D4 ......,.... u 0= lt2 .. 41.1rz 0 0 0 to.41 O-4 M tl ><- , ..Dt3 D-?(i'•3 di,-.) 0 I4J Cc ffia-* " - s u i'-• \i',: . air 9. .i,:- ik.,,- ,. -1i,- < V Vi §.Y. 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Pied o ve.e 1.10=1 01.1.P'A-GI.41LViti OSti."0.1kW1,`7,100046^et.424.7000P4,d0 ','T', EXHIBIT B Cocohatchee Bay RPUD Deviations 1, From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road,to allow a minimum 40-foot wide local private road. • 2. From LDC Section 6,06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet to permit a cul-de-sac approximately 5,800 feet in length with appropriate signage and an appropriate emergency vehicle turnaround at approximately %a mile from the entrance of the cul-de-sac. 3. From LDC Section 6.01.02,B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from fmished grade. 4. From LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the U.S. 41 frontage of the property and to exceed the maximum sign height of eight(8) feet for a maximum of ten (10) feet in height from adjacent roadway centerline elevation. 5. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow 6-foot wide sidewalks on one side of the street, as identified on Exhibit C, attached hereto. • Page 1 of 1 Revised 10/27/2014 k I 4 E f na v++"a[/f/0i 3W.,xoa-,W,g\$700`00\xre 7dN0:FN000.,-Wnd,J\""P-" -f9N,,\7+31N/ly\p g gi iii 4: ij i a 1 5 , f • 1. }52 L-1 Li — — %...%/ a A O JLJ~z_, `./ W mu°m a a oz PDa JQ ( �nj� •:, ' 0p0 1 „'1„' X j vl • \ V w -co ti n NI \ O U E CD IN 4 V ( O \v \ ;\\\ z t l� /'i AI// I 5 t. . eGC I- /, a s v v N' J.......-.., cg N NtF ., ' °o in a ' % \ O O ovmim ti 0m CC �w W2< '' ((--v7777 J Q.° \. ,.. it W T W 0 U I I 1 h- Q U 0 i J co o a _ _ Wcn � • t! 1 II 1<L x a o,I w )> 6 Q Rw w p +- a'I o '" CO LU"O W u.n o� i W)4 11 3 ti t o - 1-,- -1 z ‘.1.,,- 1 ,mt..wi 1,,g, i4. 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" z 4 . , a. — 1 S.,„ k _s.. ,,..._ i....i., II, _.,....,,..160, /...0:::) ..ilie. -1 ,,A,..4..:11, — 7 -\\"- E E ir , r''''\' -----ee A ..“-E; \.� U V kk. ,. • 1 Tr^�O� 0 r' a�Q� � O�dZ �' E a0. 4Y� U•a irrnr,- �; � 4.Ii i /. . • , • • • • • . . .•• (` . •. .,„\\\ .\ ,\ \ \ :`\,,. ,}. .11101't AIQ(YhW pp•ruz..yaa.N ISAvr:,l AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE This Amendment to Settlement Agreement and Release is executed this day of , 2014, by and between the Board of County Commissioners of Collier County, Florida(the"County")and Lodge/Abbott Associates LLC ("Lodge"). BACKGROUND A. The County and Lodge entered into a Settlement Agreement and Release dated June 9, 2008 (the"Settlement Agreement"), recorded at Official Records Book 4368, Page 2345, et seq.,of the Public Records of Collier County,Florida;and B. Among other things the Settlement Agreement resulted in approval by the County of an amendment to the Cocohatchee Bay PUD, Ord.No. 2000-88, set forth as Exhibit"2"to the Settlement Agreement(the"Amended PUD"); and C. In the years since the Settlement Agreement, economic circumstances have been such that no development has been carried out under the Amended PUD and Lodge has determined that further amendment of the Amended PUD is desirable; and D. Lodge has filed an application to further amend the Amended PUD and the County has concurrently with this Amendment to Settlement Agreement and Release approved the Amended Cocohatchee Bay PUD; E. Lodge has requested that the Settlement Agreement be amended; and F. Consistent with the forgoing, the parties have agreed to amend certain terms set forth in the Settlement Agreement and have entered into this Amendment for that purpose. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,the parties hereby agree as follows: 1. The above recitals are true and correct, are a part of this Amendment, and are a material inducement to the parties in entering into this Amendment. 2. It is acknowledged that the Amended PUD has been further amended by an Amended PUD concurrently approved by the Board of County Commissioners, under Ordinance No. (the"2014 Amended Cocohatchee Bay PUD"). Consistent with its adoption the parties hereby amend the Settlement Agreement as follows. 3. Paragraph 2 of the Settlement Agreement is hereby amended to state: Page l of 5 Cocohatchee Bay PUD Text added is underlined PUDZ—PL2013001313 Text deleted is struck through Date:10/3/14 The settlement documents, at the time of execution of the Amendment to Settlement Agreement, will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD, concurrently adopted (Exhibit 2), the revised Bald Eagle Management Plan for the 2014 a Amended Cocohatchee Bay PUD . ,. . _ - .•::' . "_" ' i1 • . . • _ . _.. -• . . . " - . ,anda Pathway Depiction (Exhibit 4). This Agreement and Release . . . . _ . •_• .. • _ !`. • . -- - . - _ .. -•s 4. The following Paragraph 5 of Settlement Agreement is hereby deleted in its entirety: 5, Lodge agrees to contribute $3 million to the County for .. ,.. - ; . .. ., . . :.: - . • -- --- than the payment set forth, the County shall retain the excess payment, 5. The following Paragraph 8 of the Settlement Agreement is hereby deleted in its entirety: is known as the GC Parcel, and when•all five covenants are recorded, they will restrict the use of the entire GC Parcel to twe .. . __ ._. •- _ _it _ € I! ' - Page 2 of 5 Cocohatchee Bay PUD Text added is underlined PUDZ—PL2013001813 Text deleted is stwek Hireegh Date:10/3/14 • 6. The following Paragraph 11 of the Settlement Agreement is deleted in its entirety: units may be multi family and constructed on the R Parcel: .-- - - ' ! -• 7. The following Paragraph 12 of the Settlement Agreement is deleted in its entirety: be replaced by a single R parcel as set forth in the revised PUD Master Plan, attached to the amended PUD. The development 3.5 of the amended PUD(except as may be expressly modified by - 8. All other provisions of the Settlement Agreement making reference to the Amended PUD and its content are amended to refer to the 2014 Amended Cocohatchee Bay PUD. 9. To the extent that there is a conflict between the terms of the Settlement Agreement, as hereby amended, and the terms, entitlements, impositions, and obligations imposed by the 2014 Amended Cocohatchee Bay PUD,the latter shall control. • 10. Except as modified hereby, the Settlement Agreement remains in full force and effect. The parties have executed this instrument as of the day and year first above written. [SIGNATURE PAGES TO FOLLOW.] • Page 3 of 5 Cocobatchee Bay PUD Text added is underlined PUDZ—P1.2013001813 Text deleted is struck ,r<o Date:,10/3/14 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: , Chair STATE OF COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 201 , by , as of The • Collier County Board of County Commissioners,who is personally known to me OR produced as identification. Notary Public (Notary Seal) Printed Name of Notary Public • My Commission Expires: Approved as to form and legal sufficiency Jeffrey A. Klatzkow, County Attorney Page 4 of 5 Cocohatehee Bay PUD Text added is underlined PUDZ PL2013001813 Text deleted is struelE413Faith Date: 10/3/14 # : i i Witnesses: LODGE/ABBOTT ASSOCIATES LLC i 1 ! 1 Witness#1 By: i - i Printed Name: i , I Printed name of witness#1 Title:Manager ; 1 Witness#2 ' 1 Printed name of Witness#2 I i 1 STATE OF 1 COUNTY OF 1 I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 1 i day of , 201 , by , as Manager of LODGE/ABBOTT : 1 ASSOCIATES LLC, a Michigan limited liability company, on behalf of the company,who is personally known to me OR produced as i identification. i • I Notary Public : 1 (Notary Seal) , I Printed Name of Notary Public I My Commission Expires: • i : 1 I 1 • 1 1 I 1 . 1 : 1 I : I i i v I 1 - 1 i i 1 Page 5 of 5 Cocohatchee Bay PUD Text added is underlined PUDZ—PL2013001813 Text deleted is struelr-thr-e* I Date:10/3/14 ' 1 1 i ( 416 COLLIER COUNTY SMALL SCALE ADOPTION GROWTH MANAGEMENT PLAN AMENDMENT Project: GMPA-PL20140000534 Petition: CPSS-2014-3 LELY, A RESORT COMMUNITY WINDING CYPRESS T (DRI) J 0 (DRI) N414 33 -4`Jv� 35 36 l 9j‘ <0 may^ /GS s.., G •9r/ o FALLING WATERS :EACH VICTORIA FALLS RESORT • PROJECT ■ ' LOCATION 4 I _ .----—- �CREDO� � ��3 2 NAPLES RESERVE rn ARTESA WINDING 1 LANDS END Ce POINTE 1;14 CYPRESS cri PRESERVE DOCKSEE * i (DRI) 1/ w/! NAPLES a MOTORCOACH� - /LS �EGA�L RIVEAEIEND > RESORT Ti) WALNUT I ACRES m LAKES r - 9 11 w 10 MARCO SHORES/ 12 FIDDLER'S CREDO VO (DRI)- CCPC. December 18, 2014 BCC: February 10., 2015 Clerk of Court 4th FL - Building "F" TABLE OF CONTENTS CCPC - Project: PL20140000534/Petition: CPSS-2014-3 Small Scale Growth Management Plan (GMP)Adoption Amendment December 18. 2014 Agenda 1) TAB: Adoption Staff Report DOCUMENT: Adoption CCPC Staff Report PL20140000534/CPSS-2014-3 2) TAB: Adoption Ordinance DOCUMENTS: Adoption Ordinance&Exhibit"A" Text&Map Changes 3) TAB: Legal Advertising DOCUMENT: CCPC Adoption Advertising 4) TAB: Project/Petition DOCUMENTS: Project/Petition PL20140000534/CPSS-2014-3 P L2 0140000534/C P S S-14-3 co per co-Prprty ©0 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: December 18, 2014 RE: PETITION PL20140000534/CPSS-2014-3, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZA- PL20140000477, Tamiami Crossing) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman. Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Douglas J. Kirby, P.E. KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Owner: KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 I. GEOGRAPHIC LOCATION: The subject property, comprising ±0.876 acres, is located in the southeast quadrant of Tamiami Trail East (US 41) and Collier Boulevard (SR 951), on the north side of Pasedo Drive and +100 feet east of SR 951, in Section 3, Township 51 South, Range 26 East, within the South Naples Planning Community. 1 PL20140000534/CPSS-14-3 4, 'it INN, P r o j e c t tit' #... 'ti. ' - b le' t P �'k '• ' 4' 1,..• . -T _Jr,31 3«fir ` # . I 4{'' " r{ t• . .y.. - t h • Js! '.... t vl:K+. �," (..k' �ham' � ';'y '! 5 f�Y j71�Vj �. i a .4vi, 3�g x i t + _ ;.;, Fir i f. `ri r: 'iii 1 , 'Mitt fi `-.' w. •. .' #. J '-it.- ,. _•. -• �:-�� szkfiiC{itI lI/ i.iaiiLF�tFs1.[iYs- i II. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text, Future Land Use Map (FLUM) and FLUM Series by: 1. Revising the Henderson Creek Mixed Use Subdistrict text to reflect removal of the subject site acreage - which is being added to Mixed Use Activity Center #18 and being re- designation as Urban Commercial District, Mixed Use Activity Center Subdistrict; 2. Revising the FLUM to reflect the removal of the subject site from the Henderson Creek Mixed Use Subdistrict; 3. Revising the Henderson Creek Mixed Use Subdistrict map, part of the FLUM Series, to reflect the removal of the subject site; and 4. Revising the Mixed Use Activity Center #18 map, part of the FLUM Series, to reflect addition of the subject site and it's re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A's. III. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this change so as to allow development of the site with commercial uses and structures. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject +0.876-acre site is undeveloped; zoned CPUD, Tamiami Crossings Commercial Planned Unit Development — but prohibited from containing buildings, thus limited to ancillary uses such as parking lot; and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the Coastal High Hazard Area (CHHA). 2 PL20140000534/C PSS-14-3 Surrounding Land Uses: North: Undeveloped; zoned CPUD, Tamiami Crossings (approved for 235,000 s.f. of general commercial uses); and, designated Urban — Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. East: Preserve; zoned PUD, Artesa Pointe (approved for 325,000 s.f. of [mostly regional] commercial uses and 360 dwelling units); and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. South: Across Pasedo Drive, two undeveloped outparcels and Walmart Supercenter; zoned PUD, Artesa Pointe; and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. West: Undeveloped; zoned CPUD, Tamiami Crossings; and, designated Urban — Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. Further west, across SR 951, is residential development zoned PUD, Eagle Creek, and designated Urban — Mixed Use District, Urban Coastal Fringe Subdistrict and within the CHHA. V. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: (1)A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises ±0.876 acres.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [As of November 19, 2014, two small scale GMP amendments have been approved in calendar year 2014, for a total of 17.04 acres (9.24 + 7.8). If the subject petition is approved, that would increase to +17.92 acres approved in 2014.] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific FLUM change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if this GMP amendment is approved.] VI. BACKGROUND AND ANALYSIS: 1) Background: Development within the Coastal High Hazard Area (CHHA): • Generally, Policy 12.2.5 of the CCME defines the Coastal High Hazard Area as the geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study. (Refer to the attached Ordinance Exhibit A, FLUM, for the CHHA general boundary.) 3 P L2 0140000534/C P S S-14-3 • Policy 12.1.2 of the CCME provides that land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. This amendment does not allow for a density increase beyond that allowed under the present FLUM designation. • Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Based upon typical rule of thumb, the site acreage could accommodate <9,000 s.f. of commercial building floor area. Further, the companion PUD amendment petition proposes no additional building floor area beyond that presently approved. Future Land Use and Zoning History: • In 2002, the subject property (as part of a larger site) was re-designated from Urban Coastal Fringe Subdistrict to Henderson Creek Mixed Use Subdistrict to allow 325,000 s.f. of [mostly regional] general commercial uses on 40 acres, and up to 360 dwelling units of which at least 200 units were required to be affordable-workforce housing units. • In 2003, the subject property (as part of a larger site), was rezoned to the Artesa Pointe PUD to allow commercial and residential development per the Henderson Creek Mixed Use Subdistrict. • Around 2006-2007, the residential portion of the Artesa Pointe PUD was developed (infrastructure installed and several dwelling units built) and the commercial portion was developed (with a Walmart Supercenter) except for outparcels. • In 2008, the subject site was rezoned from Artesa Pointe PUD to Tamiami Crossings CPUD - but prohibited from containing any buildings, thus limited to ancillary uses such as parking lot. (The property remained within the Henderson Creek Mixed Use Subdistrict whereas the balance of the 24.45-acre Tamiami Crossings CPUD was within the Mixed Use Activity Center Subdistrict.) The reason for the building prohibition on the subject site was because the site remained within the Henderson Creek Mixed Use Subdistrict and the total approved commercial square feet in that Subdistrict was allocated within the Artesa Pointe PUD. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report (for both the GMP amendment and PUD amendment petitions) and provided the following comments: The subject property is located within the Tamiami Crossing PUD and identified to be developed in its entirety. Native vegetation within the PUD includes forested pine and cypress/pine communities. Those on the subject property are dominated by slash pine. A listed species survey was conducted for the land within PUD. No listed species of evidence of listed were observed during the survey. Given the location of the property it is unlikely that listed species would use the area. The subject property is not located within a County well field protection zone. Development of the site is subject to CCME Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. A letter from the Florida Master Site File, concerning recorded archaeological or historical sites, was not provided with the application. The proposed GMP amendment will have no affect on the requirements of CCME as they relate to retention and protection of native vegetation and listed species of wildlife. 4 PL20140000534/CPSS-14-3 3) Public Facilities Impacts: No issues or concerns have been identified regarding impacts upon transportation facilities, potable water, wastewater, solid waste, drainage, park and recreational facilities, schools, and EMS and fire. 4) Justification and Compatibility: • Justification: This is an infill site of <1 acre, the site abuts the Mixed Use Activity Center Subdistrict on two sides, the site is surrounded by commercial zoning and a preserve, the site is presently part of a CPUD and approved for ancillary commercial uses, adequate infrastructure is available, there are no environmental resource concerns. • Compatibility: The Henderson Creek Mixed Use Subdistrict limits commercial building height to 1 story and 35 feet whereas the Mixed Use Activity Center Subdistrict imposes no height limit. And, the Tamiami Crossing PUD allows 45 feet zoned height and 50 feet actual height. However, the site is adjacent to lands approved (by zoning and FLUM designation) for commercial development on three sides (Tamiami Crossings CPUD to north and west, and Artesa Pointe to south) and adjacent to a preserve area on the fourth side. The site is <1 acre so can accommodate limited commercial building area. Also, the companion Tamiami Crossing PUD amendment proposes to allow commercial building development on this site but without increasing the total building square feet presently approved in that CPUD. VII. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Wednesday, September 10, 2014, 5:30 p.m. at the East Naples Library, located at 8787 Tamiami Trail East, Naples, FL 34113. This NIM was advertised, noticed and held jointly for the small scale GMP amendment and PUD amendment petitions. In addition to project representatives and County staff, one member of the public was in attendance - Ms. Marjorie Student-Stirling, representing the homeowners association (HOA) for the adjacent Habitat for Humanity residential project. Richard Yovanovich, attorney for the project, and Doug Kirby, owner representative, discussed the proposed project with Ms. Student-Stirling as well as her questions regarding traffic circulation. Having no other members of the public present, the meeting was ended at approximately 5:45 pm. [synopsis prepared by David Weeks,AICP, Growth Management Manager, and Q. Grady Minor&Associates] VIII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns nor adverse environmental impact concerns. • This is an infill site of <1 acre, and abuts the Mixed Use Activity Center Subdistrict on two sides and is surrounded by commercial zoning and a preserve. • The site is presently part of a commercial PUD and approved for ancillary commercial uses. • There are no compatibility concerns. IX. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. (HFAC] X. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20140000534/CPSS-2014-3 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. 5 PL20140000534/CPS S-14-3 Prepared By: ` /1 / 4_ N Pre Y Date: p David Weeks,AICP, Growth Management Manager Comprehensive Planning Section, Planning and Zoning Department Reviewed By: Date: //- )9 Michael Bosi, AICP, Director Planning and Zoning Department Approved B /.d ///�� Date: i asalangui•�, � ��• Ini Growth Management Division Petition Number: PL20140000534/CPSS-2014-3 Staff Report for December 18,2014 CCPC meeting NOTE: This petition has been scheduled for the February 10,2015 BCC meeting. CCPC Staff Report CPSS-2014-3 G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12014 Cycles & Small Scale Petitions12014 Small-Scale Petitions\CPSS-2014-3 Henderson Creek MUS-MUAC181CCPC dw/11-19-14 6 j Li 1171 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88± ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES; AND BY ADDING THE 0.88± ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO. 18 BY 0.88± ACRES. THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S. 41, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008- 50,AS AMENDED, IN SECTION 3, TOWNSHIP 51 SOUTH,RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534 /CPSS-2014-3][COMPANION TO PUDA-PL20140000477] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, KRG 951 & 41, LLC requested an amendment to the Future Land Use Element to decrease the size of the Henderson Creek Mixed Use Subdistrict by 2± acres, and increase the size of the Mixed Use Activity Center No. 18 by 0.88±acres; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and Small Scale Adoption Amendment-Rev. 11/17/14 [14-CMP-00939/1133331/1]7 Page 1 of 3 Words underlined are added;words stfusli-threugh have been deleted; * * * indicates break in pages WHEREAS, the Collier County Planning Commission (CCPC) on 2014 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and { WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on , 2015; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Small Scale Adoption Amendment-Rev. 11/17/14 [14-CMP-00939/1133331/11 7 Page 2 of 3 Words underlined are added; words struck starek-thfough have been deleted; * * * indicates break in pages - i l Liu nr PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment&Map Amendment Small Scale Adoption Amendment-Rev. 11/17/14 [14-CMP-00939/1133331/1]7 Page 3 of 3 Words underlined are added; words stfuek—thfeugh have been deleted; * * * indicates break in pages Ang EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. *** *** *** *** *** *** *** *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict The Henderson Creek Mixed Use Subdistrict consists of approximately 83 81 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict .is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. *** *** *** **# *** *** *** *** •t* **k it* *** CPSS-2014.3 Exhibit A text GAMES Planning Services\Comprehensive\COMP PLANNING GMP HATA\Comp Plan Amendments\2014 Cycles 8 Small Scale Petitions\2014 Small-Scale Petitions\CPSS-2014-3 Henderson Creek MUS-MOAC IHfExhibil A feel and maps dw/l[-31-14 i .4,11611 a +i InfP4 °'0>•:v:4-. • f1 HKIVDERSOK CREEK MIXED-USE SUBDISTRICT ,.+o"''"" COLLIER COUNTY, FLORIDA _ .r „„ . ` . Q. p r i r° f a .k. . 4116:‘'40p, ' WA. wa. -OM ACMES , . vs, , . , : - 1 # E.-, , /� , t r•� �-, \ i , P i S.1 Y gpv-,::,----:.......--.:,..,.-,- ..iir 4..114 itiP414101AkAk . p„.11100.,A4,;'t ,,,,,, ., 4,..?4„, kit;sa.k..,,,,ttA,....,.,Imii..,..,1. '4:\ ! i 1 ,,,1 i „III*ir *ii l''''"7-'4:it'',.";4747;'-'1,- . ' \>) ,,_17/4 ' ' aE ..w N r R M�riMA9ET•, n� 6 s �� LEGEND WALE \ 4 s:.:aisTretcr PREPARED V( SAE/CA.V APFENC SECEION 0,4(}4111I UAMM${NT M`1KT4 0 !Co)rr ZOCi1/T `ATt: ,•fr2V 4 Pia :,r -731 34 014 IMMEIA EYAerr w rt'I`1^.k c....%x-1.4a e..._'1_ Iy. T'.....iwi-1 :7E7-1 iaj-I—Cm i°__..�_...it ,y ` '.,""'. ii 1 iit.1_""af i. — Fvrngi uw USE N P al.r,,,,,, .' r a -.4.,...........,-.,,-,..... ........ .. iMMe-Sta. .--- 4.41.,.,... ., t7Plnalas:.7'--• a s31$5.., jt..,....w., ®xs2 tszsxmal----�-�* asosperwir- on.""iltliko ®=arrsr C ..�� r s .. .. rlrww AIIII .� n .o }° '''r ► g � Q a w • x !fl41i- �� c MIS 111 a—n 9 # a ie....4 41411;a1.,:f....47.:-.citiC4;r".".4:4 i i . C fS�Cll.F ..,..s,,,. tt • f�%I:t U:.! ya may.,a "'.°.,`• w ! I x 9G.1.1.7 <T A"�i. '` "'fie., "'L `.`:9d _ g a - $ mob" li L 1t' 4 _... _._._ _._ _.I I Inc ( aaa 1 illf_..( 4113 1...._,_l.1 ! I *NI__1_A.14• ._....1...__ ' x....-. ACSWn7 CS71U M • ' / ° '" r 041prifierri/ a� ere. " ;. . I 1 , ' '''', ,e4ro , 1 { NA ,,,tli. ♦ ,.. • S e r N.4 i - ,, 40. 411* # cs ..f , ly.� , yyyy {j 1=3 .,. +yY P is i PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Planning Commission will hold a public meeting on December 18, 2014 at 9:00 A.M. in the Board of County Commissioners Chamber,Third Floor, County Government Center, 3299 Tamiami Trail East,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88±ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2=ACRES; AND BY ADDING THE 0.88±ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO.18 BY 0.88±ACRES.THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S.41,ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),WITHIN THE TAMIAMI CROSSING CPUD,ORDINANCE NO. 2008-50,AS AMENDED,IN SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,CONSISTING OF 0.88±ACRES; AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS-2014-3] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI- TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 24.5±ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20140000477] LELY,A RESgtT COYNDNITY ^ vnNOINC '14%,,, MI) o `7,,T 33 34 �JPQ- J 35 36 �, 00 NCTORIA PALLS �� (GS " _,- PROJECT - Pr: � LOCATION PROJECT PUDA-PL20140000477 LOCATION �- — PlI01K00005.H `I�, EAWNG WATERS MINDING . ,,,v' RESORT CYPRESDR)S NAPLES RESERVE LANDS END EAGLE ,q1, 1 PRESERVE CREEK Z MOTORCO40O S REOAL �/ RESORT ACHES RIVERBEND a% WALNUT 9 LAKES Et 0 MARCO SNORES/ 12 FIDDLER'S CREEK (ORO All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Collier County Government Center, 3299 Tamiami Trail East, Suite #401, Naples, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday,December 18,2014,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission No.231123895 November 26,2014 COPY��/ / TAM IAM I CROSSING s „ .• Am EN _ DMEN :M APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 3 TOWNSHIP 51 SOUTH RANGE 26 EAST PREPARED FOR: KRG 951 & 41. LLC 30 South Meridian Stna8t, Suite 1100 Indianapolis, IN 46204 BY: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 June 2014 Revised September 2014 Explanation/Justification for Proposed Amendment PL20140000534/CPSS-2014-3 Henderson Creek Mixed Use Subdistrict and Mixed Use Activity Center#18 The small-scale amendment proposes to remove a 0.8± acre parcel from the Henderson Creek Mixed Use Subdistrict (HCMUS), which permits commercial land uses and redesignate the parcel to Activity Center Subdistrict (Activity Center #18). This proposed amendment will result in the entirety of the property owned by KRG 951 &41, LLC to be within a single Future Land Use Category. There will be no additional commercial square footage requested for the subject property. The acreage figure for the Henderson Creek Subdistrict is also being rectified to indicate the actual acreage of the Subdistrict as 81.01±acres. A concurrent PUD amendment proposes to eliminate the standalone Big Box Superstore Conceptual Master Plan option and associated PUD references for the commercial PUD. The property owner wishes to pursue a development plan more similar to Exhibit C-2, also previously approved, which orients the primary buildings toward U.S. 41. The PUD amendment also proposes to eliminate the building restriction on a small portion of the site (0.8± acres) which presently is located within the Henderson Creek Mixed Use Subdistrict of the FLUE. The revised conceptual PUD Master Plan depicts two access points on U.S. 41 East. The existing zoning plan depicts three access points. After discussions with Florida Department of Transportation, the applicant has eliminated the easternmost access point. Interconnection to the neighboring Artesa Pointe PUD will be provided via the existing shared roadway with the Walmart store along the project's southern property boundary. The small 0.8± acre parcel will be relocated to the Activity Center #18 and will permit commercial uses consistent with uses previously approved as part of the Tamiami Crossings PUD. Proposed permitted uses and commercial intensity will remain as previously approved in the PUD. The Henderson Creek Mixed Use District acreage has been confirmed as 81.89± acres, the original 83± acre figure was based on Property Appraiser data. Current boundary surveys have been used to determine the acreage as amended. APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PL zv/t/vaflDs y APPLICATION NUMBER CP 5 S 2=-D/11.--3 DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT -- This application,with all required supplemental data and information,must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department,Suite 400,2800 North Horseshoe Drive,Naples,Florida 34104.239-252- 2400(Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing.The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18(both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant Douglas J. Kirby, P.E. Company KRG 951 &41 LLC Mailing Address 30 South Meridian Street, Suite 1100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number 317-577-5605 B. Name of Agent* D.Wayne Arnold • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm Q. Grady Minor and Associates, P.A. Mailing Address 3800 Via Del Rev City Bonita Springs State Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnoldt�gradyminor.com Company/Firm Richard D. Yovanovich, Esq, Coleman, Yovanovich and Koester, P.A. Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State Zip Code 34103 Phone Number 239.435.3535 Fax Number 239.435.1218 Email Address ryovanovich(a�cvklawfirm.com C. Name of Owner(s) of Record KRG 951 &41 LLC Company Kite Realty Group Mailing Address 30 South Meridian Street, Suite 1100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number 317-577-5605 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. (Please see Exhibit I.D. attached) Page 1 of 6 KITETC II. DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock KRG 951 &41, LLC 100% Please see Exhibit II.B, attached C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Percentage of Ownership Page 2 of 6 KITETC G. Date subject property acquired (2007) leased (): _Terms of lease yrs/mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00°41'50" E, ALONG THE EAST LINE OF SAID SECTION 3, FOR A DISTANCE OF 1,496.21 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41 - TAMIAMI TRAIL (STATE ROAD 90), A 200 FOOT WIDE RIGHT-OF-WAY; THENCE RUN N 54°20'16" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1,566.32 FEET; THENCE RUN S 35°39'44" W, FOR A DISTANCE OF 400.00 FEET; THENCE RUN N 54°20'16" W, FOR A DISTANCE OF 1,654.49 FEET; THENCE RUN N 89°55'57" W FOR A DISTANCE OF 683.32 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°04'03"W FOR A DISTANCE OF 200.05 FEET; THENCE RUN NORTH 89°55'57"WEST FOR A DISTANCE OF 196.99 FEET; THENCE RUN NORTH 02°28'31" EAST FOR A DISTANCE OF 36.59 FEET; THENCE RUN NORTH 04°09'46" EAST FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 89°55'57" EAST FOR A DISTANCE OF 183.75 FEET TO THE POINT OF BEGINNING; CONTAINING 0.876 ACRES, MORE OR LESS. B. GENERAL LOCATION Subject property is located in the southeast quadrant of Tamiami Trail and Collier Boulevard. C. PLANNING COMMUNITY South Naples D. TAZ 346 E. SIZE IN ACRES 0.876± F. ZONING TAMIAMI CROSSING CPUD G. SURROUNDING LAND USE PATTERN Developed and undeveloped commercial ZONING: Tamiami Crossing CPUD, Artesa Pointe PUD H. FUTURE LAND USE MAP DESIGNATION (S) Urban — Mixed Use Subdistrict, Henderson Creek Mixed-Use Subdistrict IV. TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S) OR SUB-ELEMENT(S)TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element ✓ Future Land Use Element Golden Gate Master Plan Immokalee Master Plan Page 3 of 6 KITETC B. AMEND PAGE(S) 37 OF THE Future Land Use Element AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please see Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban— Mixed Use Subdistrict, Henderson Creek Mixed-Use Subdistrict TO Mixed Use Activity Center Subdistrict(#18 US 41 and Collier Boulevard) D. AMEND OTHER MAP(S)AND EXHIBITS AS FOLLOWS: (Name& Page#) Henderson Creek Mixed-Use Subdistrict and Activity Center#18 E. DESCRIBE ADDITIONAL CHANGES REQUESTED: V. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1" = 400'. At least one copy reduced to 8%x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning)with subject property outlined. Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION Exhibits V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A"ABOVE. Exhibit V.C. Provide a summary table of Federal (US Fish &Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT"Y" FOR YES OR"N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5),F.A.C.) If so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Page 4 of 6 KITETC Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) Y/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of and for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: N/A Potable Water N/A Sanitary Sewer Exhibit V.E.1.c Arterial & Collector Roads: Name of specific road and LOS Tamiami Trail East(U.S. 41) and Collier Boulevard N/A Drainage N/A Solid Waste N/A Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. N/A Provide a map showing the location of existing services and public facilities that will serve the subject property(i.e. water, sewer, fire protection, police protection, schools,and emergency medical services.) 3. N/A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone AE Flood zone based on Flood Insurance Rate Map data (FIRM). N/A Location of weilfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). N/A Traffic Congestion Boundary, if applicable. Y Coastal Management Boundary, if applicable. N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION Page 5 of 6 KITETC $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. Provided $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. To be provided Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly. Exhibit V.G. Proof of ownership(Copy of deed). Exhibit V.G. Notarized Letter of Authorization if Agent is not the Owner(see attached form). Provided 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. Page 6 of 6 KITETC COPY EXHIBIT I . D . PROFESSIONAL CONSULTANTS Tamiami Crossing Small Scale Amendment Exhibit I.D. Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold @gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich @cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 761 21st Street NW Naples, FL 34120 239.919.2767 jmbswte @msn.com Environmental: Boylan Environmental Consultants, Inc. Kim Schlachta 11000 Metro Parkway, Suite #4 Fort Myers, FL 33966 (239) 418-0671 (239) 418-0672 fax kims(c bovlanenv.com EXHIBIT I.D. Page 1 of 5 D. Wayne Arnold, AICP Principal, Director of Planning GradyMinor Education Mr. Arnold is a Principal and co-owner of the firm and serves as the • Master of Urban Planning, Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. University of Kansas, Arnold is responsible for and oversees services related to plan amendments, Lawrence property rezonings, expert witness testimony, ROW Acquisition, public • Bachelor of Science,Urban participation facilitation, and project management. Mr. Arnold previously and Regional served as the Planning Services Director at Collier County, where he oversaw Planning/Geography, the County's zoning, comprehensive planning, engineering, platting and Missouri State University Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has Professional Registrations/ prior Florida planning experience with Palm Beach County Government and Affiliations the South Florida Water Management District. • American Institute of Mr. Arnold has been accepted as an expert in land planning matters in local and Certified Planners(AICP) state proceedings. • American Planning p g Association(APA) • Urban Land Institute,S.W. Florida Chapter,Board of Relevant Projects Directors 1996 • Collier County Rural Fringe • Collier County Growth Management Plan Committee,Chairman, 1999 • Marco Island Master Plan • Collier County Streetscape • Immokalee Area Master Plan Ad hoc Committee, 1999 Collier County Land Development Code •• Leadership Collier,Class of 2000 • Logan Boulevard Right-of-Way Acquisition Planning Analysis • Bonita Springs Chamber of • U.S. 41 Right-of-Way Expansion Planning Analysis Commerce Government • Copeland Zoning Overlay Affairs Committee • Collier County Government Center Development of Regional Impact(DRI) • Collier Building Industry • Winding Cypress DRI Association,Board of • Pine Ridge/Goodlette Road Commercial Infill District Directors • Lely Lakes PUD Rezoning • Collier County Jr.Deputy Henderson Creek Planned Development/Growth Management Plan •League,Inc.,Board of p g Directors Amendment • Orangetree (Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development • North Point DRI/MPD • Vornado RPUD • Orange Blossom Ranch MPD -= Ir. • Palermo Cove RPD .« ., 4 Q. Grady Minor &Associates, P.A. Civil Engineers • Surveyors •Land Planners •Landscape Architects EXHIBIT I . Page 2 of 5 JMB Transportation Engineering, Inc. Key Personnel-James M. Banks, P.E., President JAMES M. BANKS, P.E., PRESIDENT Certifications&Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer- State of Florida—Reg. No.43860, 1991 to Present JMB Transportation Engineering,Inc., President/Owner—2007 to Present Q&E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 25 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities & FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys, engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area- wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport's Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach -Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects; such as, complex intersection design, signalization, street lighting, maintenance of traffic plans, signing and pavement marking plans,vehicular accident analysis, major roadway improvement design,traffic calming plans, railroad crossing design, and access management plans. Projects include Colonial Boulevard Improvements,Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums; such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions.Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases;zoning and land use amendments, land development projects, corridor studies, roadway improvement projects,transportation improvement projects, and airport construction projects. EXHIBIT I.D. Page 3 of 5 Boylan Environmental Consultants Wetland&Wildlife Surveys,Environ ental Permitting, Impact Assessment CURRENT RESPONSIBILITIES Kimberly Schlachta, CSE Ms. Schlachta is responsible for project management, Senior Environmental Scientist and assisting in the management and technical supervision of environmental staff. The Clientele Ms. Experience: Schlachta works with include the private and public o 12+years sectors. Education: o Auburn University,BS 1997 RELEVANT EXPERIENCE Since 1998, Ms. Schlachta has managed projects, Professional Affiliations: conducted fieldwork, and produced reports and o Florida Association of Environmental applications for environmental land use planning, Professionals permitting and development. These projects include o National Association of Environmental due diligence assessments for land acquisition Professionals purposes, assistance with environmental land o Certified Senior Ecologist-Ecological planning, coordination on permitting and mitigation Society of America design for wetlands and wildlife, and compliance o Soils and Water Conservation Society monitoring of projects during and after construction. o Association of Southeastern Biologists PROJECT EXPERIENCE Certification: o Artesa MPUD: Corps and SFWMD Permitting, o FWC—Permit GTA-09-00021 FWS/FWC coordination on Florida Panther Gopher Tortoise Authorized Agent impacts, Gopher Tortoise relocation and wetland Areas of Expertise: mitigation design in Collier County o Vegetation and Habitat Mapping utilizing o Bonita 75 CPD: Commercial Land Use Permitting ACAD,GPS in the City of Bonita Springs o Corps and State Wetland Delineation o Camp Keais and Shaggy Strand: Wetland o Impact Assessment Monitoring for Collier Enterprises in Collier o Wildlife Surveys and Relocations County o Gopher Tortoise Surveys,Bucket Trapping, o Coconut Point/Simon Suncoast Mall:Environmental Excavation&Relocation Permit Compliance and Monitoring o Wildlife Habitat Management Planning and o Lee County Halfway Creek Water Quality Permitting Improvements: DEP and Corps Permitting for a o Habitat Restoration and Mitigation Design Restoration Plan in Lee County o Environmental Land Use Permitting and o Imperial Marsh: Permit Compliance and Rezoning Monitoring for Lee County Mitigation Site in Lee o Local, State and Federal Environmental County Permitting o Pine Ridge Center: Corps and SFWMD Permitting, o Post Permit Compliance and Monitoring coordination on RCW habitat, Monitoring and o Planning and Management of Gopher Compliance in Collier County Tortoise Relocation Sites o S.R. 31 Improvements: Caracara Survey and Monitoring for FDOT project in Charlotte County. Contact Information: o SR 78 & SR 29 Realignment: SEIR and Boylan Environmental Consultants Environmental Permitting for FDOT in Hendry 11000 Metro Parkway, Suite 4 o Tamiami Crossing CPD: Land Use Permitting and Fort Myers,Florida 33966 Environmental Permitting in Collier County Telephone: (239)418-0671 o Wulfert Point Estates: SFWMD Permitting and Fax: (239)418-0672 Wildlife Coordination on Gopher Tortoise and Email: kims@boylanenv.com Bald Eagle on Sanibel. Web: www.boylanenv.com EXHIBIT I.D. Page 4 of 5 Richard D. Yovanovich Rich Yovanovich is one of the firm's shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994,Mr.Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member,Furman University Trustees Council,2007- Chairman,Leadership Collier Foundation Alumni Assoc. Member,Board of Directors,Holocaust Museum 2007— Member,Leadership Collier,Class of 2000 Member,Board of Directors,CBIA(Director 2004-2008, Vice President 2006-2007) Member,Board of Director,Immokalee Friendship House Member,Board of Director,Avow Hospice 2011- Member,Florida Trend Legal Elite Elder,Vanderbilt Presbyterian Church Bar &Court Admission Florida, 1988 U.S District Court,Middle District of Florida U.S.Court of Appeals,Eleventh Circuit Education University of South Carolina J.D., 1987 J.Ed., 1986 Furman University B.A.,cum laude, 1983 EXHIBIT I.D. Page 5 of 5 COPY EXHIBIT II . B . DISCLOS JRE OF INTEREST AND ARTICLES CAF INCORPORATION EXHIBIT II.B DISCLOSURE OF INTEREST INFORMATION B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, Indiana 46204 Name and Address, and Office Percentage of Stock KRG 951 &41 LLC 100% 30 South Meridian Street, Suite 1100 Indianapolis, Indiana 46204 Thomas K. McGowen, President , COO 0% Douglas J. Kirby 0% Senior Project Manager, Pre-Development Manager/Member Kite Realty Group, L.P. 100% 30 South Meridian St., Suite 1100 Indianapolis, In 46204 General Partner Kite Realty Group, L.P. 100 30 South Meridian St., Suite 1100 Indianapolis, In 46204 Trustees: Alvin E. Kite, Jr. 0% John A. Kite 0% Exhibit II.B Page 1 of 1 COPY EXHIBIT IV. B . PROPOSED GROWTH MANAGEMENT PLAN TEXT Exhibit IV.B Amended Language Revise Text on Page 37 of the FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION *** *** *** *** *** Text break *** *** *** *** xxx (XV)I. URBAN DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** A. Urban Mixed Use District *** *** *** *** *** Text break *** *** *** *** *** (VI)(XV) 10. Henderson Creek Mixed Use Subdistrict The Henderson Creek Mixed Use Subdistrict consists of approximately 83 811 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. Exhibit IV.B Page 1 of 1 COPY EXHIBIT V.A. LAND USE ��y' 141 .11 IL.- Z 9 0990'111181HX3 313 IN NIA,.0 ONISS0N0 1101591-313119 ONINW11-f0?l. NINN1l. S I 193011131)\ *F--.-• ..-...b" s-,- .-..*,-. Lit 4",..; ,:-.,,..4i- •- . ..y.t. t.„1..4. :_ . ii'{ ).F yf ',A , ;p3 .. 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Page 3 of 3 HENDERSON CREEK MIXED-USE SUBDISTRICT COLLIER COUNTY, FLORIDA P . -..„ . ...._ ,, ' rq�7 ' .I.r\ ,P�° ♦ q�7 1 Jv �O • 41,„, ...41,,,,„ 3,. • w� .p�1111111U C= fa- , at 111, PROPOSED TO BE REMOVED FROM S \\\\\\\\\\, MIXED USE SUBDISTRICT ,Iiii IMMO PROJECT LOCATION • ♦ 81.01±ACRES- HENDERSON CREEK ,,�, \ , MIXED USE SUBDISTRICT ,Q s �, Ao q�J7 ..., ........._ .... ..... ...... 0,11 T�qi •,r, ,, !pA'/11111111111111111111 1j,1�11111111111111111111 ,.. 1 joilii.13.4 i A* 4∎42;iuiiuriririu1°O I o ,,'”\a nO11111V111. -Yin.. _ \ •1►►•...111. - 'tThump,,� ►evi a ,, r ow. 111111 �'"�I/�l/ I ir: IE/IIIIIIIII� dAIIIlIID1 l=-11h1111 IN w �/�n111 numinnll :�••1111111 r NE- 11111lnl IIIIIIIIUU11• 11111111111111111111111 MANATEE ROAD -\� 'r ∎ 0 a I HENDERSON CREEK MIXED USE DISTRICT=81.89+/-Acres LEGEND SCALE • \\ SUBDISTRICT PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 0 1000 FT. 2000 FT. DATE: 5/02 FILE: CP-2001-04-A.DWG ADOPTED MAY 14, 2D02 BY ORDINANCE NO. 2002-24 (CP-2D01-4) Exhibit V.B. Page 2 of 3 COPY EXHIBIT V. C . ENVIRONMENTAL Bolan YaroCtsuIti7 y7 Excellence ±k+l;'r IU.t .. -F ai- f,r •r fling. Tamiami Crossing Section 3; Township 50 South; Range 26 East Collier County,Florida Protected Species Survey June 2014 Project No.2014-9 11000 Metro Parkway Suite 4 Fort Myers, Florida 33966 (239)418-0671 phone/(239)418-0672 fax EXHIBIT V . Page 1 of 20 Tamiami Crossing Protected Species Survey INTRODUCTION An environmental scientist from Boylan Environmental Consultants, Inc. conducted a field investigation on the 25.45±acre property on February 18th and 19th, 2014. The site is located in portions of Section 3, Township 50 South, and Range 26 East in Collier County, Florida. Specifically, it is situated directly south of US 41 and east of CR 951. Please see the attached Project Location Map Exhibit A. The purpose of the field investigation was to identify and document the presence of any listed species and any potential listed (endangered, threatened, etc.) species inhabiting the site that are regulated by the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission(FWC). METHODOLOGY The survey method consisted of overlapping belt transects performed for all FLUCFCS communities onsite in compliance with the Collier County Land Development Code 10.02.02.A.4.g.i. This survey is comprised of a several step process. This survey is comprised of a several step process. First, vegetation communities or land-uses on the study area are delineated using the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Please see the attached FLUCFCS Map Exhibit B and FLUCFCS Map with Aerial Exhibit C. Next, the FLUCFCS codes are cross-referenced with the Protected Species List. This protected species list names the species which have a probability of occurring in any particular FLUCFCS community. An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10-40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of the report lists the FLUCFCS communities found on the parcel and the corresponding species which have a probability of occurring in them. Transects were walked approximately as shown on the attached Protected Species Survey Map Exhibit D and Protected Species Survey Map with Aerial Exhibit E. TABLE 1: SURVEY DATE AND WEATHER CONDITIONS ;.ate: :..; . ,._ .. .,.•,. .Y §411"i Survey Date. L�� Weather Conditions Feb 18 2014 8:00 AM- Clear and sunny with light winds and temperatures in the ' 3:00 PM low to mid 70's Feb 19' 2014 8:00 AM- Clear and sunny with light winds and temperatures in the 12:00 PM low to mid 70's Boylan Environmental Consultants, Inc. 2 EXHIBIT V.C. Page 2 of 20 Tamiami Crossing Protected Species Survey EXISTING SITE CONDITIONS Site Details—The boundary is approximate and based upon GIS and assumed to be 25.45±acres. The site was undeveloped but appears to have a long history of disturbance as the surrounding areas have been developed. In general, the property is composed of cypress/pine/cabbage palm and pine flatwoods. The site is bordered by roadways and commercial development. Soil Type - The soils on the property have been mapped by the National Resource Conservation Service (NRCS, formerly the Soil Conservation Service). Please see the attached NRCS Soils Map Exhibit F. These mappings are general in nature, but can provide a certain level of information about the site as to the possible extent of wetland area. According to these mappings, the parcel is underlain by Oldsmar Fine Sand, Limestone Substratum (10; non- hydric); Hallandale Fine Sand (11; non-hydric); and Pineda Fine Sand, Limestone Substratum (14;hydric). Vegetation Communities— Each community was mapped in the field according to the system in use by the agencies, the Florida Land Use Cover and Forms Classification System (FLUCFCS). Listed below are the vegetation communities or land-uses identified on the site. Vegetation is one parameter used in determining the presence of a wetland; the other parameters include the presence of wetland hydrology and hydric soils. These community mappings will generally reflect whether an area could be considered as wetlands. We identified approximately 14.04± acres of potential jurisdictional wetland communities on the site. The following descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System(Department of Transportation 1999) for definitions. FLUCFCS CODES/DESCRIPTION 260 Other Open Lands(1.51±acres) This upland community has a nearly absent canopy with scattered live oak(Quercus virginiana),slash pine(Pinus elliottii),java plum(Syzygium cumini), Brazilian pepper (Schinus terebinthifolius), and cabbage palm(Sabal palmetto). The sub-canopy vegetation include wax myrtle(Morella cerifera) and Brazilian pepper. Other vegetation found in the groundcover includes grape vine(Yids vinifera),dog fennel(Eupatorium capillifolium),buttonweed(Diodia virginiana), smilax(Smilax spp.),nut sedge(Cyperus spp.), finger grass (Eustachys floridana),broomsedge(Andropogon glomeratus), and poison ivy(Toxicodendron radicans). This area has furrows and swales reminiscent of an abandoned agriculture row crop field. An aerial dated from 1963 shows the area in agricultural use. 411 Pine Flatwoods(9.45±acres) This upland forested community has a canopy dominated by Florida slash pine with scattered cabbage palm. The sub-canopy in some areas consisted of scattered Brazilian pepper, live oak,myrsine (Myrsine guianensis),beautyberry(Callicarpa americana), downy rose myrtle(Rhodomyrtus tomentosa),and scattered melaleuca(Melaleuca quinquenervia). Saw palmetto(Serenoa repens)dominated most of the under story in these areas. Other vegetation noted includes sumac(Rh us copallina), smilax,poison ivy, Boylan Environmental Consultants,Inc. 3 EXHIBIT V.C. Page 3 of 20 Tamiami Crossing Protected Species Survey love vine(Cassytha filiformis), grape vine, fingergrass,wax myrtle, and earleaf acacia (Acacia auriculiformis). 422 Brazilian Pepper (0.41±acres) This upland community type occupies 0.41±acres of the property. The canopy is open. The sub-canopy is dominated by Brazilian pepper and wax myrtle. The ground cover includes Brazilian pepper, saw palmetto, and grape vine. 624 Pine-Cypress-Cabbage Palm(12.20±acres) This community has a canopy comprised of scattered cypress (Taxodium spp.), cabbage palm, laurel oak(Quercus laurifolia),red maple(Acer rubrum),Brazilian pepper, melaleuca,and Florida slash pine. The sub-canopy is comprised of saltbush(Baccharis halimifolia), scattered buttonbush(Cephalanthus occidentalis),melaleuca,wild coffee (Psychotria nervosa),myrsine,cypress, Brazilian pepper and wax myrtle. The groundcover was dominated by swamp fern (Blechnum serrulatum) in most areas with other vegetation including blue maidencane(Amphicarpum muhlenbergianum), rosy camphorweed(Pluchea rosea), dog fennel, St. John's Wort(Hypericum spp.), water pennywort(Hydrocotyle spp.), tickseed(Coreopsis foridana), cordgrass (Spartina bakeri), yellow-eyed grass(Xyris spp.), and sawgrass(Cladium jamaicense)with some scatted areas of grapevine or poison ivy. This community was the most common found throughout the site. 625 Hydric Pine Flatwoods(1.70±acres) This wetland community has a sparse canopy comprised of scattered slash pine. Other canopy trees noted include cypress,dahoon holly(Ilex cassine), and cabbage palm. The sub-canopy species noted included scattered buttonbush, saltbush and wax myrtle. Ground cover was dominated by grasses and herbaceous vegetation. These hydric species included St. John's Wort,beak rush(Rhyncospora spp.), and blue maidencane. Algal matting was present in these areas. 814 Roads and Trails (0.11±acres) This area includes the access to the adjacent development and is compose of a paved road with associated fill, curbing, sidewalk, and landscaping. 830H Utility Easement,Hydric(0.18±acres) This herbaceous wetland community was dominated by blue maidencane in most areas with other vegetation including St. John's Wort, tickseed, smilax, sawgrass, dog fennel, and yellow-eyed grass. Boylan Environmental Consultants,Inc. 4 EXHIBIT V.C. Page 4 of 20 Tamiami Crossing Protected Species Survey TABLE 2: FLUCFCS COMMUNITY TABLE Acreage _ Code Descript o a 260 Other Open Lands,Rural 1.51±ac. 411 Pine Flatwoods 9.38±ac. 422 Brazilian Pepper 0.41±ac. 624 Cypress/Pine/Cabbage Palm 12.20±ac. 625 Hydric Pine Flatwoods 1.66±ac. 814 Roads 0.11±ac. 830H Utilities, Hydric 0.18±ac. ICI 25.45±ac. SPECIES PRESENCE No protected species or signs thereof were observed on-site. No nest-like structures or tree cavities were noted,and gopher tortoise burrows were not identified. DISCUSSION The lack of tortoise burrows is likely due to the relatively high water tables in the area and the lack of habitat. Due to the disturbed nature of the site, the abundance of exotic plant species, and the historic land-use of the site, it is unlikely that this site supports or would provide habitat for protected species. Due to the fragmented and isolated nature of the forested portions of the property, it appears unlikely fox squirrels would utilize the property. In addition, due the lack of corridors or contiguous habitat of the property with off-site areas, it is not anticipated that other listed species would occupy the property. The nearby roads also create a barrier and a hazard to other animals. Other non-listed animal species noted was the black bear(Ursus americanus). Community locations were estimated and drawn by using a non-rectified aerial with approximate property boundaries hence, their location, aerial extent, and acreage is approximate. Boylan Environmental Consultants,Inc. 5 EXHIBIT V.C. Page 5 of 20 2 / , ; \ B : w : / e / : e ; e \ / Cl) ® Cl) Cl] Cl) ' g OIIIII1IIIIIIIIIOIIUII © CZ DO . •g C§ %/ \ 0 DhIIIIIIIiuhilIIilllIu\ iIiIIIiiiIiIuliI1IIIII;. � � ( / k \ : : P �, � t�f 27% 2:\ . . © ` \ .] � � ` ( o £ \ @ 3 ) ` \ - Cn t \ , ] ) r § \ / ` ` ` ` E. ° ° \ \ .. ... / \ } 1111§ k®4 t RA 2 § i PO• © § P ? \ / C / \ j 0.§ / 4 { Si/ / A - ƒ . [ ] $ # ƒ ] \ - U [ § , _ ) £ a * g cn 2 0 ^ _ / \ >\, \ \ � R � ® j ,r w n w/ * a _» g Q / EXHIBIT V.C. Page 6 of 20 Tamiami Crossing Protected Species Survey Exhibit A Project Location Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 7 of 20 k -.! $ - sir.. .. 4 HENDRY _eYt- -'—_;, ,, r �-f.��1 /;., 1ff 1 .7w...... .��* `` rte lk 4' si nth mi !* ' 'ill I, _ _ COLLIER i , t� i �ill 11 'EN" 4 ?'�, 911. T 11/11! era ----- 61 .-.4,4? MONROE -•d •11 irk a } e. 11111110•11.'T ' � ` VIS BLVD 14' -41111111111 Q Z' QI %llll tg a .1.• cc b :3111/441 THOMASSpry,pp RATTLESNAKE HAMMOCK v O vl rn 1 - a r ' g m r+ Z O it NIg ° ' Project Location 0 1 i,r► �vl r .d to cr w \-/ 01‘;;c7 =a J 0• o � ��^ U Z '...47t.:i-±ivili-14,'..*y \` t Gq� ca 92 ..fin/p S�yity `"'itl0j °i SEforr0"` Exhibit Number Boylan 11000 Metro Parkway,Suite 4 TAMIAMI CROSSING BKM 2117/14 Environments Fort Myers,FL 33868 a M 17 dw� Phone:(239)41&0671 Consultants Inc. Fax:(239)416.0672 BKM 2(17!14 Location Map Wen,oa�wvuae Survey,.>s+� , ,iri�g. LOCATION MAP ""°°"""°"' rs■mF¢R Aeseaamrn _ 2014-9 Collier EXHIBIT V.C. Page 8 of 20 Tamiatni Crossing Protected Species Survey Exhibit B FLUCFCS Map Boylan Environmental Consultants, Inc. EXHIBIT V.C. Page 9 of 20 o §° j Z P ro U . a CO �`co sr 0- a If aid g z--00-03-14z--00-0z--00-03-14-0-«-( _" CI! x TN wog s ..... °x o D g !! 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WNVINC AS SS1101d Wd7S,zl-7102 7Z NS('dVW S7dDIl1 15711 SMS'Sd7W 35751 SSNISSON]IWVIWVl\47»ONiSSO*)IWSIWVJ 6-7102\71OZ■)39VX /F+�^O W V EXHIBIT V.C. Page 10 of 20 Tamiami Crossing Protected Species Survey Exhibit C FLUCFCS Map with Aerial Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 11 of 20 y x 4 A - v # LL rcZ u�P 4 10 VI 2 7. o Tk o 4 ,. .„ f.5104,*,tp=, m Eoa g8 su � m', 4.L b d x c wg u b i w"wT o to Q,t� a N�¢ f 5 a i '''' .?.` 1/ Q t Z4a iLL ° !Nz t/ J U a 0 U = i wLL I 1J � t NI U,,Q U¢w Q 8 a Q/ #,- 1/ .. ' J t K.a D i � a w m a Q z �_ L— ,. ' '. A .. =, , _ A A{f CA k• • f . . cf .{'Si .= -, , r, ::.. t fi f• 4' lt E f � ` ! i 111- + ' _ .... .P. it ^J�,K, '.jH ` ° ,: ,',. k, /• x_. f � r fit ?. I „ f` ! 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W LIP.> 411 g t +I • s sj $ 1- «1 o N O a u 5 N m U o' +•` •emu, co — . cy i ° as c sa na v Oam c.) rOTC5 . arc �1H z V� � m vo � nQ m o 7 J e a @ g g a ow 1 8 a somas:Al 03LOld 9d£521-'710Z'''/Z Nn(`SOd:eV"OMO'3d W 3SV13 SONISSONJ 19,10101\OVJ\ONISSN0 O4VIM,11 6-7102\710Z\03O\X EXHIBIT V.C. Page 14 of 20 Tamiami Crossing Protected Species Survey Exhibit E Protected Species Survey Map with Aerial Boylan Environmental Consultants, Inc. EXHIBIT V.C. Page 15 of 20 fritri?.w e-sof 7.,,,, ,, : . . ' 4 te: ,, 04 t a , 4.,.e,. { au Q >w`- 44 , l y a°s r >,r 't w t 4" ;:,i J ` Z a,o ti S' as FB °WoE a w°�" " G W ^ UaQ v j J aLLU of a } W * I— al 1 , Z yQg 82!..., auu c's to t._-'_ LLQ W J wO � V N Q-f ! k;'.'" 4'' . i ' ' -* "P‘ Y if ,st ,".4„.., ...' t,l,"';` "*"rr-4rr, -4 .,./i ..4 , sf • r . 9 ' , ro* • t t a #.. " m tiee �` r} „# x4 G O 4 i 4 4 "r 1 y 0 .. w A .4 ery .....s.. , � +t. +� � iSs a. 0 a. it. . cm } j ,r ': je Ml� 's. -+�. " - i.4.�� F it i Y�• Ifir. 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Page 16 of 20 Tamiami Crossing Protected Species Survey Exhibit F NRCS Soils Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 17 of 20 1 t..'.. a =.- .-.... 6 . . ] fi;1 I ..m. I. , g' , • 3 I= C) b ■.' .S.1.. 8 .a- .1 E,' g = td ca 0 e en .-, () —9 e—• -,, .■'-ji ,t. g ... AI . , t,,, =4..1 . n . 2," g . u., = r, u QA. : b ;--4 -0 q I "1". rin 0 g ........0 0_ c0 0) 0 -T) . co E ci) cts 0 i &-i •— cc E z co A 41 I— o Z .. .3 – – –, 0 o 00 0 LI C° E . --. 0 z '5 co 0 cs+5 V o m g 4 a4P° ''''•7" . .1 P a .• '-‘ g -0-: •24. , ••••10 Ci C7 11 Z —131—W-0—K-E g:—. co 2 0 .... )Nis:,ka aaLund 14.192:1•.1102''81 Bad d3,14 nun:en SMO'SdVint 3300 SM0300D 00/11.07.1.3201,74Snenc330■6a00V.-RYLVCddVAWWW8■,0nr1VD EXHIBIT V.C. Page 18 of 20 _2 y O P g - C o .a .F P K C7 Z QP fl It II Io Z�m-w�E r E o a g<w� iii vFo s o d N °' U U d i e_C LL UJ N Q Q W LL 0 K Q J Z +I L3 ai 4J.4 Q n Vi - o IUi a w 0 Z >/- H S'N u S w 0 >v 2 ,_OJ I.L.J u N W J i • 9 g 0 9 m CC L.. 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Z > 9) N «Tel v . . . . . . . . . . � _ p I- tl.PM J o N O ul. v m 3 a I �; J Q.0 m _ .,'' S C +I O LL _ y G N d d E 2_2 U a) L L U E p 4 °' it o.is A r ar c0 a o o. o 'a 5 G z;4 i y CD Ca v ID 1- N DJ N Q' = o vOi 9 o. 0 v a v v coo co co �d •� o g o (4 a § 999139-A9 0311O-id WdSS ZI-7102 X73 Nnr 19W S1I)fllA VI 9M0'Sd9W 3598 S9NISSO93 IW91WV1\7999-HSIl80d3V\dW31\1V0O1\VLVOdd9\WNVI+B\S2I3Sfl\V7 EXHIBIT V.C. Page 19 of 20 a vill ,„, /- ..- -- °. _! °a J ._—u.,_,..., w U °Q 2 O 4(#44# aTt F O` Q LL J °O N Q .> 4 tom, w mmaz �i� xaa,L41 u, s iC A� ly c°+Y E' Q K°% t =? ry S y{ J 1 0 J E4 • 2 i Ji i J .n Q Q o t 444�„ ` rte. [, m \ rr �... / ti � PPP , •R*' iJPs ii•a •t, � R it :� ' c, - �►`_ ti's w �s xr �_y . ," ,t+ J 0 o 1 a b i i m II o O a � s `« ` w• rr 4.`, r . 3 / 4�C #7� l.� t ra a�� . /4 ! 4^ - ... S — �! ` • p 'I 'yip ` > ` ` `I •a: ^.�, s i:5 i °'>.> s1- t.y:o-a/ r( ` ', ,Ya ' .., •V) > a Q ° �A. I , f�a > ' :,, 2- OLL 7 a > ' •�• •a C 1 • • ' a FA—- •-,..^3 A.: + a • - a ' `�fr 3 • • ,, , ilk? 4•�+ _ Q l Q ..^.. r y 'It he Le m m o a n« '.i'a r • ' a i ' _ i '' cv < u u u 0 4 4 O c'-,"-.-t- p o - > .' a a a a a a a a a�x 1'> dr 1 .• • +I 4 41 +I +1 4 + 4•� i — f 1 v---- O A CI Q N S r rr R I + a • � i F I t -K 4 ~ ,- Oi G it r O G 6 • a > • • i > � M ' _•r 4; N y U S K a 4 ' a • ' i '.a a Q V CO 1 % N r- tl O - .O o g ((0 a a • U , O + a ,. t 9-1 N o ,n { *a f .p N N O1 .� m o N N 1 slke ' a E tl , c0�� , U t ii Z 7 t p i > a. i {L V C W i U 1 aa m to m ' o l J O C m LL 'gO i p % Ha i "-- "�• C mot `:.A, 1 ai ^S ULL' O p C� 1t� CF = I CSC i-, s 0 . WNVIS9 AS°311eid We'1S1(l-']I°2 '7(Nflf cA-.SJA3n1A 1VIN3V 0V1 OM°'Sd*W 35Ve S°NISSO(0 I4VIWVl\'1998—NSi18f 1dJJV\dA31\1V3O1\tl10add*\14NVIL'8\913Sfl\:J EXHIBIT V.C. Page 20 of 20 COPY EXHIBIT V. E . lc TRAFFIC IMPACT STATEMENT JMB TRANSPORTATION ENGINEERING, INC. TRAFFICTTRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Tamiami Crossing PUD Amendment (SE Quadrant of Tamiami Trail E. & C.R. 951, Collier County, Florida) July 8,2014 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21sT STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION No. 27830 (PROJECT N0. 131111) 7- 9-Zoi+ JAS M. BANKS, P.E. DATE FL' IDA REG. No. 43860 TABLE OF CONTENTS Conclusions 2 Scope of Project 2 Table A-Approved/Vested Development 2 Project Generated Traffic 3 Table B-Net New Trips Generated 3 1 Conclusions The report concludes that the proposed Tamiami Crossing PUD Amendment will not result in more site-generated trips than already allowed under the current PUD land use plan. That is,the previously approved 235,000 square feet of mixed retail uses will remain unchanged, and therefore,there will be no increase in site-generated trips. Furthermore,the proposed PUD amendment does not affect the fact that Tamianii Crossing is vested for development by way of funding its proportionate share of the right- of-way and construction costs associated with the ongoing at-grade improvements of C.R. 951 &U.S. 41. By funding its proportionate share of the at-grade improvements, Tamiami Crossing is vested for 235,000 square feet of commercial retail as set forth by the US 41 Developers'Consortium III,dated April 14,2009.Per the executed DCA,the project's off-site impacts are deemed to be fully mitigated and no other off-site improvements are required. At the time of acquiring SDP approval,a detailed Traffic Impact Statement will be prepared for the purpose of determining the operational conditions of the project's proposed access on U.S. 41 and C.R. 951. Scope of Project Tamiami Crossing is a proposed commercial project that will consist of 235,000 square feet of mixed retail use. The 25 acre site is located on the southeast quadrant of C.R. 951 &Tamiami Trail East. Ingress/egress to the site will be provided via access to U.S. 41, and access to C.R. 951 and access to Pasedo Drive. TABLE A Approved/Vested Development Land Use Code& Approved/Vested Land Use Description Development LUC 810 Shopping Center 235,000 s.f. 2 Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual,9th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code"Shopping Center"(LUC 810)was most appropriate in estimating the net new trips. The net new trips were determined by adjusting the raw trip generation computations to reflect pass-by versus new trips generated. TIE has set forth the pass-by rate for this land use,which was determined to be 40%. However,Collier County staff only recognizes a maximum pass-by rate of 25%,which was used by the report. As determined,Tamiami Crossing's net new trips generated during the AM&PM peak hours will be 197 vph& 797 vph,respectively. Table 1 depicts the computations performed in determining the project's net new trips. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Net New Site-Generated Trips (Summation of Table 1) Net New Net New Net New Daily Weekday AM Peak Hour PM Peak Hour Trips Generated Trips Generated Trips Generated (ADT) (vph) (vph) 8,875 197 797 3 TABLE 1 TRIP GENERATION COMPUTATIONS TAMIAMI CROSSING Land Use Code Land Use Description Build Schedule 820 Shopping Center 235,000 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 820 Daily Traffic(ADT) = Ln(T)=0.65Ln(X)+5.83= 11,834 ADT AM Peak Hour(vph)= Ln(T) =0.61Ln(X)+2.24= 263 vph 163 / 100 vph 62% Enter/38%Exit= PM Peak Hour(vph)= Ln(T)=0.67Ln(X)+3.31= 1,062 vph 510 /552 vph 48%Enter/52% Exit= Pass-by Trips per Colllier County= 25% 25% Pass-by Rate New Daily Traffic(ADT) = (ADT)x(%of New Trips) 8,875 ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 197 vph 122 /75 vph 62%Enter/38%Exit= New PM Peak Hour(vph)= (PM)x(%of New Trips) 797 vph 382 /414 vph 48% Enter/52% Exit= COPY EXHIBIT V1G. SUPPLEMENTAL INFORMATION LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A.and Coleman,Yovanovich and Koester, P.A. (Name of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: /1/-t Date: w,ut; 2-S1 ZO/ (J77Name: Lich t'4/2-5 J. ktlZ as 5.02 720.1,44rZ of KRG 951 &41, LLC I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. qd/i2yL p(LSign- ;!of App cap( atd16 J. ?rr334-,as'.i2 2m. /LUIZ of KRG 951 &41, LLC Name-Typed or Printed STATE OF ( tVkakauY`D" ) COUNTY OF ( tittricouk- ) Sworn to and subscribed be 're me this e7 v2t day of J-WAR-- ,2014 bye / 1►1_ MY COMMISSION EXPIRES: Nhtary 'ublic JENNIFER L KELLER r Sr Notary Public,State of Indiana CHOOSE ONE OF THE FOLLOWING: NoT^Rr # Hancock County SEA\ My Commission Expires v who is personally known to me, IA March 13, 2021 who has produced as rtrenrnifCat.ILrr and did take an Oath did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.06 -False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." 30 S.MERIDIAN STREET SUITE 1100 (NDIANAPOUS;IN 46204 317-577-5600 FAX 317-577.5605 www.kitercalty.com September 17,2014 MITE REALTY GROUP TO WHOM IT MAY CONCERN This certifies that Doug Kirby,Senior Project Manager Pre-Development Services has authority to sign applications for permits and approvals to be granted on behalf of the Tamiami Crossing Project for KRG 951 &41,LLC. Should you have any questions concerning this matter,please feel free to contact Robert Solloway,Vice President of Legal at(317)713-5682. Sincerely, Th cGowan President&Chief Operating Officer State of Indiana ) ):ss County of Marion ) }Wore me personally appearedi" . ft CA A , `l ' � l��stc(c�� (CO of KR i C . t f 11 ,a[n] ,to me well known to be the person described in and who has executed the foregoing affidavit,and acknowledged to and before me that he executed said instrument for the purposes therein expressed. Witness my hand and official seal,this �0" day of j' ,2014. r, j ) (Siena e) JENNIFER L KELLER a oTARY Notary Public,State of Indioro Hancock County -" *= Commission#642883 � I !i SEAS- I My Commission Expires L- (� \eta !`.'' March 13, 2021 (printed name) Notary Public My Commission Expires: County of Residence :3112411 t+U4ut : KRG LISCED NYSE. 3672434 011: 3860 PG: 2143 RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL 08/04/2005 at 02:02PM DWIGH? E. BROCK, CLERK CONS 300000.00 EEC FEE 27.00 DOC-.70 2100.00 Prepared by: Retn: David N.Sexton,Esq. GOODLETTE COLEMAN IT AL WITHOUT REVIEW OR OPINION OF TITLE 4001 ?AMIAMI ?R N X300 Bond,Schoeneck&King,P.A. NAPLES FL 34103 4001 Tamiami Trail North Suite 250 Naples,FL 34103 Return to: Craig Crider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number:Kux-Kite 53 Folio No.00726080003 [Space Above 's-bite. e Recording Data] 1--- - 3 7----cOR C.0 trstee s ;A ! ! This Trustee's Deed made this lsf'day// u ust, 200 en Day tl N. Sexton, Individually and as Successor Trustee whose post office address is 1001 fTamiami ' a' •rthite 250,' ap s, FL 34103, grantor, and KRG 951 & 41, LLC, an Indiana limited liabil'ty c I#an. osg`o ='*! t r `s 3 South Meridian Street, Suite 1100, Indianapolis,IN 46204, grantee: � i { �1 1 Es.4,.... L) 1 ( 1 (Whenever used herein the terms grantor and gr to c I the s torthis3"'strumterrkariath ,legal representatives,and assigns of individuals, and the successors and assigns of corporations, ts. d trustees) i Witnesseth, that said grantor, for and i C ayderation of the stun TENI `ii /100 DOLLARS($10.00)and other good and valuable considerations to said granto n6hanc�paid by said grant <tbe ceipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grant _ �� d-6s forever, the following described land, situate, lying and being in Collier County, Florida,to-wit' See attached Exhibit"A". Subject to restrictions, reservations and easements of record, if any,and taxes subsequent to 2004. The subject property is vacant and not the homestead property of the Grantor. Grantor resides at 1995 8th Street South,Naples,FL 34102. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. -TEL,Ss \` DoubleTime® \l''(\- - EXHIBIT V.G. Page 1 of 39 OR: 3860 PG: 2144 Signed,sealed and delivered in our presence: 41ru `Z .L/C -- Wi ess Name:A �/N.I C Di C ✓So>~ David N.Sexton,Indivi ually d as Successor Trustee it .Nqn�lj�3;f�/� i+1 Witness Name: Q n►i if.( A•Ye Y Vet State of Florida County of Collier The foregoing instrument was acknowledged before me this 2 / day of , 2005 by David N. Sexton, who [J is personally known or L]has produced a driver's license as identification. 11 (4 (t L./,,, [Notary Seal] Not Public 012k,: CONICA L.Dl � . ,-� = MY COMMISS• i '''1177r-- I ';•∎i' 17% EXPIRES:$: : : 2007 t,I; ' Bonded T N.,,, , unea,w,aar, My Co skim Expires: 2(CdFY )\,,r,C 0 pv E..., . o c) 4EcW Trustee's Deed-Page 2 DoubleTimee EXHIBIT V.G. Page 2 of 39 *** OR: 3860 PG: 2145 *** Tract 53 Exhibit "A" Commenting at the intersection of the Southerly light of way line of State Road 90 (Tamiami Trail 200 foot right of way)with East right of way line of State Road No. 951(100 foot right of way); thence along the Southerly right of way line of said State Road No. 90, S 54°20'16" E 1390.10 feet for the Place of Beginning; thence continuing along said Southerly right of way line S 54°20'16" E 110 feet; thence S 35°39'44"W 400 feet; thence N 54°20'16"W 110 feet; thence N 35°39'44"E 400 feet to the Place of Beginning; being a part of Section 3,Township 51 South, Range 26 East, Collier County, Florida. p`•• ° V - E Cl -C EXHIBIT V.G. Page 3 of 39 3672445 OR: 3860 PG: 2221 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:09PN DWIGHT B. BROCK, CLERK Prepared by: CONS 900000., David N.Sexton,Esq. REC III 18.00 WITHOUT REVIEW OR OPINION OF TITLE INDEXING 6.00 Bond,Schoeneck&King,P.A. DOC-.70 6300.00 4001 Tamiami Trail North Suite 250 Retn: Naples,FL 34103 GOODLE??B COLEMAN NT AL 4001 ?AMIANI ?R N #300 ' Return to: NAPLES FL 34103 Craig Grider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 54 Parcel Identification No.00726120002 __ _ _ [Space Above This Line For Recording Data] ---.--- -ER C42,43) ,Act k AW ORY FORM-SECTION 6:'041. This Indenture made this 1st day of A/if gu 2005 __-_ ,ee• B,rb e i ux,Marilyn Kux Waff,Mary O. Kux as Trustee of the James J.Kux Trust UI S � e • h , it • Eilers,Margit Diamond as Trustee of the Margit Diamond Revocable Trust • s}, t st a. •'it 8 6/81, and Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,grantor* I n I •,'a I trrt7thvd liability.� ty company whose post office address is 30 South Meridian Street, ttitt 11 I Indianapolis,I ,•620• gr. e' Witnesseth that said grantor, for and 4. ideration of the sum NO/100 DOLLARS ($10.00) and other good and valuable considerations to said a .;to • hand paid by said gr , i,- receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said -- d grantee's assigns forever, the following described land, situate, lying and being in Collier County, Florio ' tQ23 c ivs,C See attached Exhibit"A". Subject to restrictions, reservations and easements of record,if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. *"Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimem EXHIBIT V.G. Page 4 of 39 OR: 3860 PG: 2222 Signed,sealed and delivered in our presence: 5.) • G_i f/P , - . . G%� �i(�C1 (Seal) (Signature of qty .s#1) I, //• arbara Jean Print Name: ' /• L- 5445 North Sheridan Road 43408 Chicago,IL 60640 . �, CA .• (Si-azure of With"#2) if Print Name: Ng AA r 1 State of ft- County o-77.1 ___ 00R. CO 0- , The foregoing instrument was acknowled , e me this- day I. %I 2005 by Barbara Jean Kux,who C4 is personally known or L]has produced a -NW license as identificat'� Ivf - — 4■11 ' 0 - ) ' [Notary Seal] I ) ' L� 4.„,,„... �^ ��6 OFFICIAL Sl�1L.. �E:�:, � M� o isires: NOTARY A.RIPDt.R;pr°`'. ,.; Q NOTAR 1 rUBUC,STATE OF'. • r. _ . .� MY COMMISSION EXPIRES 444108.., :" ..1 ©fi A410614'- —' Warranty Deed(Statutory Form)-Page 2 DoubteTimeo EXHIBIT V.G. Page 5 of 39 011: 3860 PG: 2223 Signed,sealed and delivered in our presence: —/ / (Signature of Witness#1) Marilyn'T aff Print e: LI)waMc A_ A,z,LL 4 2545 Chaucer Court Eugene,OR 97405 C (Signature of W' ess 2) Print Name: r(l e..e State of azEu,vit County of L;a-N& t _ The foregoing instrumet was acknowledged befpr` • e 1 , .' . s ":171/41- ,2005 by Marilyn Kux Waif,who L] is personally known or has produced a driv6 6c,. ,- i . . ...4� 110, , [Notary Seal] o. s Publii 9 ,,� OFFICIAL SEAL. {`_' N t c SA Z,.._ ic'oc /, 1 EDWARD A AROUA 1 ��^� - COMMISSION NOS • i: I r Co ' : .�io x ' es: 7 7—C�7 h �, �MYCOMMISSIONEXPIRESJULLY l 0 " ^, 1 cii:ci 1/4)12° \ C*>—.47'.:4L''( 7711-E ---1‘;)- -iC:>//' Warranty Deed(Statutory Form)-Page 3 DoubleTimeo EXHIBIT V.G. Page 6 of 39 OR: 3860 PG: 2224 Signed,sealed and delivered in our presence: 4 'y7 / I i r— _ . Alb ■ __ (Seal) (Signature of Witness#1) Mary •.Kux,. Tr_ustee o the Print Name: - A S/c r James J.Kux st U/W FEif -, James Albert Kux 572 17th Avenue South Naples,FL 34102 (Signature of Witne s#2) Print Name: iao±tv,-- bore State of „.q County of Patio_ .aL■ E The foregoing instrument was acknowledged befor lt is - la of 1 t...11 , 2005 by Mary 0. Kux, who U is personally known or[1 has produced a driver's i S t e Wit o [Notary Seal] �eJ No . Pub, •-• („,•••••..,„.,44 Printer Name: r 0�-�4-'� 3 i i on Exp es: l Sy w ft \\\\‘<'''e4'''sk 'r. --------::(,)\- -A”1/4) Warranty Deed(Statutory Form)-Page 4 DoubleTlmeo EXHIBIT V.G. Page 7 of 39 OR: 3860 PG: 2225 Signed,sealed and delivered in our presence: (Seal) • (Signature of W'tness#1 ith Lee Print Name: .3Qnn cP(A V rct- 117 Pier H,Naples Land Yacht Harbor Naples,FL 34112 V-----e^"...31-2-- (Signature of fitness#2) iN Print Name: ��o p Ca 5 r State of -r Ioi\C - County of CO 11 1 cr lt C( T The foregoing instrument was acknow edg'13' before me this 2i ay .f , I" , 2005 by Edith Lee, who ( ] is personally known or 1)6 has produced ilk risclifense ass-iele i&4'+n. 11L_ZL i"' 9 Y of [Notary Seal] - j j�„'!'r. ,7 1 l Y:„.. JENNI'�. t#°"+ + 4•`,'.`__ MY COMMI' DD 316223 *� ted i`il t 7-4;... g EXPIRE. 2008 `{1 ,= 'ARA4, Bonded Thru N.--, .. 'er. M ' 'j;Wi ss'.• pires: Wa,anty Deed(Statutory Form)-Page 5 DoubleTimeo EXHIBIT V.G. Page 8 of 39 OR: 3860 PG: 2226 Signed,sealed and delivered in our presence: Q/ .--q- C� CQ_e/6--'I /�" (Seal) (Signature of W�ess#1) Eileen Eilers Print Name: �(�l e2 '( 1189 Sixth Lane North Naples,FL 34102 GAY 7- -) `-°'' (Signature of Witness#2) Print Name:VA- t p /V. 3---EXT-0 ti State of F/-012- ( p,4 County of Co L - t E IZ The foregoing instrument was acknowled_-• m • e me this • , 2005 by Eileen Eilers, who L]is •personally known or L]has produced a • iv icense as identificat.••—'s [Notary Seal] Ai .�„,,, y d My mm sio. ires: - a I, ":,' DAVID N.SEXTON ,_14 ,�� ' MY COMMISSION DD 101791 ®� k4;a SPIRES:March 29,2006 MN Notary Pubk Undenvnters Warranty Deed(Statutory Form)-Page 6 DoubleTimeo EXHIBIT V.G. Page 9 of 39 OR: 3860 PG: 2227 Signed,sealed and delivered in our presence: { % I;....._ V CLA-r-- J ,/ .,, _.. L (Seal) (Signature of W'itn es# ) Margit %iamond,as Trustee of the S. Print Name: f , Z vi 1/1) F}rC Margit Diamond Revocable Trust under trust agreement dated 8/26/87 4715 Bayard Street Pittsburg,PA 15213 (Signature of Wig ess#2) Print Name:f(At�1_er� f1 w u/ L- State of A �� County of if t,L_L,-flL:ill')` 0., & r� The foregoing instrument was acknowlefge fore me thin 17)/day of 01j. 7" ,2005 by Margit Diamond,who L] is personally known or V]has produced . driv 's ►cease anl ic. '.n. -Jr— [Notary,aeall 4174.4. ., + ,��? E .C�. a,. •N�IdEAI,�M • ,L � +; Notarial Seat ted Leonard W.Ya g NotaFy Public n I t, My Co 't i:i4 E ,tire Sept 16.2007 M ;lass-'eli Tres: iv,rua lassevai.:,.1 OY Notaries gp _________„ 6Y" 4, -11/E CAC Warranty Deed(Statutory Form)-Page 7 DOUbleTimeo EXHIBIT V.G. Page 10 of 39 OR: 3860 PG: 2228 Signed,sealed and delivered in our presence: _ ,G:�. f /!cyf_'L tt G '�CPCs�. 11rz !/�r a Seal) (Signature of WI. ess Ch lotte Petsche a/k/a Inge Charlotte'Petsche Dunham Print Name: He(,SSc_ ti(,ivyh So v Z-4, /(Signature of Witness#2) Print Name: /2/C/1440) C-. 2)44,4919/7 State of 47 11,g14 A f County of../..,.,iici,ffi'G/�! _ The foregoing instrument was aclmowledg-6 6- :. I. 6 p�Fa r: ' ,J 2005 by Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,who[,is pe e•:IS . own or U has pro•..'-I I:Irrif er's license as identification. -if.%IN,_ [N.Ftary.Seal] Nom Public , „O 3 6a besn ( • rT ` (.._ r v A. Gv'Z -....ii- `b t. J S` `:�•� , Co o _ fires: )-, Fey`� , y� + _ .1i ,1J5 O .' 1 ` Melissa Murphy_Souza Notary Public `•'u ” .: .y'.'.;�, l0 State of Connecticut y!^cc°0eooro i My Commission Expires ®� November 30, 2009 ?� C. Warranty Deed(Statutory Form)-Page 8 DoubleTimea EXHIBIT V.G. Page 11 of 39 *** OR; 3860 PG: 2229 *** Tract 54 Exhibit"A" Commencing at the intersection of the Southerly right of way line of State Road No. 90(Tamiarni Trail 200 foot right of way) with the East right of way line of State Road No. 951 (100 foot right of way); thence along the Southerly right of way line of said State Road No. 90, S 54°20' 16"E 840.10 feet for the PLACE OF BEGINNING; thence continuing along said Southerly right of way line S 54°20'16" E 220 feet; thence S 35°39'44" W 400 feet; thence N 54°20'16" W 220 feet; thence N 35°39'44" E 400 feet to -the PLACE-OF BEGINNNVG, being a-part-of 5ec ion3,-Township 51 South,-Range 26 East, Collier-County,. Florida. IC 0 f..„1 41tLY 44E CMG' EXHIBIT V.G. Page 12 of 39 3672531 OR: 3860 PG: 2541 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:29P1[ DWIGHT I. BROCY, CURE CONS 1075000,00 REC FEE 78.00 Prepared by: INDEXING 7.00 David N.Sexton,Esq. DOC-.70 7525.00 WITHOUT REVIEW OR OPINION OF TITLE Rein: Bond,Schoeneck&King,P.A. GOODLE!!E COLEMAN ET AL TR 4001 Tamiami Trail North,Suite 250 4001 S FL 3I 03 N #300 Naples,FL 34103 NAPLES FL 34103 Return to: Craig Grider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 55 Parcel Identification No.00726160004 [Space Above T.• _• Recording Data] .80R. COO- \,-- -cl %\) arranty De (ST: • u' r•M-SECT', 689.02, .S.) This Indenture made this 1st day /f A lu 1.15 .- e : ,1 b•r•, ux, arilyn Kux Waff,Mary O.Kux as Trustee of the James J. Kux Trust . .•s Al' r (r,Edit.; -, ' Eilers,Margit Diamond as Trustee of the Margit Diamond Revocable 1 •t •r' ,_ g- nt d , and Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,grantor*, =d. . 'G 951 &41, LLC, Y,= Indi na ntt •• liability company whose post office address is 30 South Meridian Street,S to Indianapolis,IN F-14 gr.0 , Witnesseth that said grantor, for and in ••nd: .tion of the sum of '" 'D NO/100 DOLLARS ($10.00)and other good and valuable considerations to said grant. ikiiirojr •• '• 9-',,t -, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grant- ..• As. e- . • . d assigns forever, the following described land, situate, lying and being in Collier County, Florida,to-wit: See attached Exhibit "A". Subject to restrictions,reservations and easements of record,if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. ""Grantor"and"Grantee"are used for singular or plural,as context rcquires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimeo EXHIBIT V.G. Page 13 of 39 OR: 3860 PG: 2542 Signed,sealed and delivered in our presence:0 r= /• II' 4-... -.6,Z. 4JAd.J (Seal) (Signature of W..• = •1. / Barbara Jean ''ux Print Name: �.4 YL;y / PO(--( 5445 North Sheridan Road#3408 Chicago,IL 60640 •II / 41;41/AL4 (Signature of Wig r 1 Print Name: 1/ '/ ' #t State of /t! County of The foregoing instrument was acknowledged bef. :4 ' .) ( , 2005 by Barbara Jean Kux,who Qg is 0 personally known or[I has produced a drive ' - '. s �� , t/ fie-/) [Notary Seal] L.ot:.; Publi .., t. III . : Co ion .. =es: ,_7_ , ,....,,oFFICIAI. SHERRY A. oLI Q NOTARY PUBLIC,SThI&OF WNW MY 0011M1SSION EAVES 4-1-2008 �C 08E C Warranty Deed(Statutory Form)-Page 2 DoubleTimeo EXHIBIT V.G. Page 14 of 39 OR: 3860 PG: 2543 Signed,sealed and delivered in our presence: ... , „ 4,„,L............„.Ai &Lull l .6''' ' (Signature of•Jtness#1) Marilyn Kux'" aff / çtJame: �..�.a z� A-, fCt-L4-- 2545 Chaucer Court Eugene,OR 97405 (Signature of Ni-ess#2) Print Name: JGt ra 1-k czber4_ State of neE6orq County of 1,,An VC The foregoing instrument was acknowledged be c - io '. 4 ?. . .. ,2005 by Marilyn Kux Waff,who U is personally known or'has produced a dri 6. = a a .:` l/' [Nota Seal o Publi, (i WPM OFFICIAL Sit - . MIA "1f 1,,, " l W eliz,� d 2 0" a - NOTARY MX.• :c, • ,OMISSION NO. .. '``',wico ,„ ' y Co i io .Tres: 7- --7 - P 7 f":4 k Q ,, ,,.., ,.., ' ._ - :\rSS$ 1 FIE CI-RC Warranty Deed(Statutory Form)-Page 3 DoubleTimeo EXHIBIT V.G. Page 15 of 39 OR: 3860 PG: 2544 Signed,sealed and delivered in our presence: // /�C s! '' ! - S' t I (Seal) (Signature of Witness#1) Mary S.Kux,.. Trustee of the Print Name: sVf.►) F P t�2AVs-if t. James J.Kux T t U/W FBO James Albert Kux 572 17th Avenue South A ,ce....f- Naples,FL 34102 (Signature of Witness#2 Print Name: tfXV1r State of f t4 a,i Ke County of JCLntY\e)L fiA The foregoing instrument was acknowledged before ••- i, personally known or has produced a driver's n� 1. ,day of �, y , 2005 by Mary O. Kux, who L]is P y L_l P �le�°��, / o 06, ,'. �` / [Notary Not. (' b 'c Prince+ Name: 1 nct1J L a 0-0,?1.4.v, a (...0 0 P.Ii..- on Ex es: S I D6 "NL ra of . 0„ i Y 'LJ CW - Warranty Deed(Statutory Form)-Page 4 t)oubleTimev EXHIBIT V.G. Page 16 of 39 OR: 3860 PG: 2545 Signed,sealed and delivered in our presence: ..re_cr-.4____• .1,1-A. OP e Seal) (Signature of fitness#1 Edith Lee Print Name: 5QYi n It'Al�.i�Vl��' 7 117 Pier H,Naples Land Yacht Harbor Naples,FL 34112 4110 ,12— jeg52-- (Signature of Witness#2) Print Name: Ida v 9 N CC,e70ti State of P I V r I c..L County of Cbl t ter �� R CO o l�' l'k, The foregoing instrument was aclmow -(1,.. 4 I efore me this Z�D da � vu , 2005 by Edith Lee, who [__]is personally lrnown or[ has produced . driv: 's'icense . ..-. • c. en.... [Notary Seal] _ Pt, hr rfw� r�_ ��r�.�'_ = a.r.,.M , ed .n, •, A MY COM o,�0 DD 316223 - �,� EXPI• 72 4,2006 ,Rt,;hr aonaearnm undemom M -4F, j s' t fires: .\\.. Clit?"-C1‘)' Warranty Deed(Statutory Form)-Page 5 DoubleTimee EXHIBIT V.G. Page 17 of 39 OR: 3860 PG: 2546 Signed,sealed and delivered in our presence: ?QAAQJ. �Ca(Signature of Wtness#1) Eileen Eilers Print Name: V.€v1 c e 5c 'J‘ 1189 Sixth Lane North / Naples,FL 34102 (_- _:2).--a..___.,22______A f (Signature of Witness#2) Print Name: PAv t p A' FE)(roe- State of PG o 2 t o/k County of Co Lot Et2 The foregoing instrument was acknowled it . e me this a I. o `� J l/- , 2005 by Eileen Eilers, who [_] is personally known or L)has produced a Iv icense as identification. ♦ ` I — [Notary Seal] . 5,- :li_ 0 P;, ted . r My •mm ssio' fires: A F `� ON DAVID N.SEXTON ®1, �' (, •. ..: MY COMMISSION N DD 101791 [ ` ��-a= EXPIRES:March 29 2006 5� 1��o�S� Bonded'Nu Notary Public Underwriters Warranty Deed(Statutory Form)-Page 6 DoubteTimee EXHIBIT V.G. Page 18 of 39 OR: 3860 PG: 2547 Signed,sealed and delivered in our presence:• , PA._A- f Ailt. n c..« air ii , 0 -I / Seal) (Signature of Witness p, 1) Margit -. ond,as Trustee of the Print Name: ' 1, i Z v 1 teY1 A"4 Margit Diamond Revocable Trust under trust agreement dated 8/26/87 4715 Bayard Street Pittsburg,PA 15213 ;'d- (Signature of witness#2)/ Print Name:xio'7 NG w 411''' G,,c y State of County of 749 `}t L EC/frc)/7 �-"� C00-, The foregoing instrument was acknowle'_e• • fore me thiiF 7''day of , L, ,2005 by Margit Diamond, who L] is personally known or(WI has produced a . iv-. s o.: . '[Notary Seal} ''y .qr ' 1. ''� C• ON`.NFALT}•1 OF PENN :S L I:.,ts.,_a '�` :, ;. ' '1 ted '4 .,ta:ia"kcal . Lem Lard W.`rc;!,:g,► �'•e " Of Piftsbur:h,Alie rtrrry County * M At 'ss'A D fires: City J ,'::.,,_ _ { ncF6r.Fennsgtvani3 F ssc•�3 fi�lntacies w �- CI-RC \Y Warranty Deed(Statutory Form)-Page 7 DoubleTimee EXHIBIT V.G. Page 19 of 39 OR: 3860 PG: 2548 Signed,sealed and delivered in our presence: t� �t e! -,2a4-�jcey t(iii) (Signatureoess�#1 -�9� arlotte Petsche a/k/a Inge Charlo etsche Dunham Printt Name: /'1Q t v,7 (Signature of Witness#2) Print Name: �!C/7` ED C z.-4r�,e-f�J State ofyutle,{,�I County of',.e_,74,/,,fX R C The foregoing instrument was acknowledg-• °o'- t is , .r.! if_ 2005 by Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,who L]is per-. l own or[j has pro.. e$a+Tver's license as identification. -.0 [N6kOCAll No . Public 7 44 DQ° a T jef' r7. o -x • , o t°,. _ � `...1 i Q o 1 k .d Melissa Murphy Souza n •.:.• ' ( S Notary Public • �,', r { tote m t My Comission&p Tre s y'. pOCJ ":� r"fin ® ' `y Novembsr 30, 2009 Warranty Deed(Statutory Form)-Page 8 DoubleTime® EXHIBIT V.G. Page 20 of 39 *** OR: 3860 PG: 2549 *** Tract 55 Exhibit "A" Commencing at the intersection of the Southerly right of way line of State Road No. 90 (Tamiami Trail 200 foot right of way)with the East right of way line of State Road No. 951 (100 foot right of way); thence along the Southerly right of way line of State Road No. 90, S 54°20'16" E 1060.10 feet for the PLACE OF BEGINNING;thence continuing along said Southerly right of way line S 54°20'16" E 330 feet; thence S 35°39'44"W 400 feet; thence N 54°20'16" W 330 feet; thence N 35°39'44" E 400 feet to the PLACE OF BEGINNING,_beinga_part of Section 3,Township 51 South, Range 26 East, Collier County Florida. At 11/71, (in it hi{ \\A),/ ) ihrE • • EXHIBIT V.G. Page 21 of 39 3672582 OR: 3860 PG: 2805 1,43 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:52PM DWIGHT B. BROCK, CLERK CONS 180000.P' This Instrument Prepared By: REC FIE 27.■ DOC-.70 1260.00 George P. Langford Retn: GOODWYN COLEMAN BT AL 3357 Tamiami Trail North 4001 TAMIAMI TR N 1300 Naples,Florida 34103 NAPLES FL 34103 (239)262-2011 FEE SIMPLE DEED THIS INDENTURE made this oe/day ofJuly,2005,by GEORGE P.LANGFORD, a single man,hereinafter called the Grantor,to KRG 951&41,LLC,an Indiana Limited Liability Company,whose post office address is: 30 S.Meridian Street, Suite 1100,Indianapolis,IN 46204, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in eolith,-;to , II - sum of Ten Dollars ($10.00) and other valuable considerations, receipt w • o�-4•er- • : I -•ged, hereby grants, bargains, sells, aliens, remises, releases, and tr. e': unto the Grantee, t certain land situate in Collier County, Florida, to wit: A 6.75% interest in t•e r•. :0. .e r- -: •, ' 11111-,- -:ch Exhibit"A" 1 5 This deed is being d-' tae` -d '• F lt: -o�s , 'th a., d 0,'he remaining 93.25% interest in the subject - property. '. �' TOGETHER with an• •.- -nements,heredi . •- . :e ppurtenances thereto belonging or in any wise appertaining. ® \-� C GRANTOR covenants with Grantee r-i's lawfully seized of the property in fee simple;that Grantor have good right and lawful authority to sell and convey the property;that Grantor warrant the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. TO HAVE AND TO HOLD, the same in fee simple forever. IN WHEREOF WITNESS,the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed,sealed and delivered in the presence oft 3,k 4 ��(. EXHIBIT V.G. Page 22 of 39 Q9 . : (,hc'S / • ' E . ANGFORD (Printed Name itness) i ess: I,/ i��'��l1rC �r 'Tinted Name of Witness) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of July, 2005 by GEORGE P. LANGFORD, who is person. • _ --. • me or who has produced as identification. My Commission Expires: O ' % / 0 N ' , P �L / (SEAL) r/ ./ t� �4,c,,, p&, c Mart7ek to N o Notary Public) 4„ Expires September 18,I T: My Commission , • Op 83-N1/47N- L CNN 0 Co a, EXHIBIT V.G. Page 23 of 39 Tract 56.l Exhibit"A" Commencing at the intersection of the Southerly right-of-way line of State Road 90 with the East right-of- way line of State Road 951; thence along the Southerly right-of-way line of said State Road 90,South 54°20'16" East 1500.10 feet for the PLACE OF BEGINNING; thence continue along said Southerly right- of-way line South 54°20'16" East 797 feet to a point on said Southerly right-of-way line which lies North 54°20'1.6"West 2363.33 feet from the intersection of said Southerly right-of-way line with the East line of Section 3,Township 51 South, Range 26 East;thence-South 35°39'44"West 400 feet; thence_North 54°20'16"West 797 feet to a point which lies South 35°39'44" West 400 feet from the Place of Beginning; thence North 35°39'44" East 400. 0 feet to the PLACE OF BEGINNING; being a part of Section 3,Township 51 South, Range a K•► , Florida. tr2). (LI 0 PV ... • r„.„ .,„ r o� $ CI C rn N 00 z7 7E 34- EXHIBIT V.G. Page 24 of 39 3672586 011: 3860 PG: 2823 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:56PM DWIGHT S. BROCK, CLERK Prepared by: CONS 975000.00 REC FEE 61.00 David N.Sexton,Esq. INDEXING 2.00 WITHOUT REVIEW OR OPINION OF TITLE 000-.70 6825.00 Bond,Schoeneck&King,P.A. Retn; 4001 Tamiami Trail North Suite 250 GOODLETTB COLEMAN BY AL Naples,FL 34103 4001 TAMIAMI TR N #300 Return to: NAPLES FL 34103 Craig Crider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamaimi Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 58 Parcel Identification No.00726320006 [Space Above This Line For Recording Data] S•Y FORM-SECTI• 8?.v .S.) 7 . This Indenture made this 1st day fcf A gust`1'2i be . •en Bari 3 ara Jeatk Ku ,Marilyn Kux Waff,Mary O. Kux as Trustee of the James J. Kux Trust '/W,+ _ m, ' ,e.. - pee and Mary O.Kux, grantor*, and KRG 951 & 41,LLC, an Indiana limited iabi ty o an hoe ' o 1_ems.Rtes is. 0 South Meridian Street,Suite 1100, Indianapolis,IN 46204,grantee*, ;� , I (i I - ! ..� J Witnesseth that said grantor, f o r . d i onsideration of the s" of T N A#d NO/100 DOLLARS ($10.00) and other good and valuable considerations to sa Z .,tor in hand paid by :P,�„y . tee`,, '�receipt whereof is hereby acknowledged, has granted, bargained, and sold to the ..'. tee, and grantee's he 14 gns forever, the following described land, situate,lying and being in Collier County, 10 to-wit: See attached Exhibit"A". . `f .. -„..-' Subject to restrictions,reservations and easements of record,if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. *"Grantor”and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimeo EXHIBIT V.G. Page 25 of 39 OR: 3860 PG: 2824 Signed,sealed and delivered in our presence: i , iditti (Seal) (Signature of , „ ' Barbara Jean ux Print Name: j- Li 5445 North Sheridan Road#3408 ) Chicago,IL 60640 7/ q ,,,, (Signature of Wii e -2) ,OF Print Name: ,/ r State of -4-1--,�� A County of (mod _ The foregoing instrument was acknowledged before m- `�6.ay of jyi,., 2005 by Barbara Jean Kux,who is personally known or L]has produced a driver's• ' .0 e t ` , ft.:,)rj [Notary Seal] Notary Pu•i I Print • Name: — ! /6 N' (11CCONN. p: ,„ ,'io Ex I Tres: 471-('� 3 OFFICIA L SHERRY A.RIPPOLI is _ �`, NOTARY Y COMMON PUBLIC,STATE PIRES 4 1 2� % � :� h 11E CItk Warranty Deed(Statutory Form)-Page 2 DoubleTimea EXHIBIT V.G. Page 26 of 39 OR: 3860 PG: 2825 Signed,sealed and delivered in our presence: =��-----= - — L4ws� `... . ) (Signature of Witness#1) , Marilynn 7 aff • e: �w&c P- . H-,Tourd� 2545 Chaucer Court -..\-.(./.-- -e...---4- Eugene,OR 97405 Print Nam : Wc&#2& � Print Name: State of l .c .! County of 1 Ai'5 RCCI The foregoing instrument was acknowledge. ....- - ,I s :" F• 4,r u L_u 2005 by Marilyn Kux Waft who L]is personally known oras produced a •- ense as identifica oit ,,,„,„,,Akt [Notary Seal] No . % Public �`..'z�' OFFICIALS . ..� T ) F '°, EDWARD A AROLLA ! .,, •,,,. z A- /, ;- ")" triTARY mew.• r' OMISSION NO. - a 7 7 `' i INcoNpASStoND(PIRES JULY 1�+; , Lki Co I'll i• ; 'sires: 7 ic- ^,, Cr c� Warranty Deed(Statutory Form)-Page 3 DoubleTimem EXHIBIT V.G. Page 27 of 39 OR: 3860 PG: 2826 Signed,sealed and delivered in our presence: / S�j II LAN III (Seal) (Signature of Witness#1) .,r 0.Kux : ' st e of I e Print Name: .5f-it&�P. <9r t-l.-vc,cl,u-s'is i ' James J.K 4 rust U/W FBO James Albert ux 572 17th Avenue South Naples,FL 34102 (Signature of itInI�ess �)� �,, Print Name: No&vlout:P sf€ State of Vico.,11. � CO County of .,...LtC �' Y The foregoing instrument was acknowle e..-. ore me this a.a oi %R,, 2005 by Mary 0. Kux, who L]is personally known or[I has produced • 1 'v s license as identification. i - _ ■ • it. - n [Notary Seal] T, • • ted e: .., 1 �_ .-. '` , 2 M , . iss'. •ices: L -.. v f Y> C.) F .i ` _'' ` tie ."' 'R - O . Warranty Deed(Statutory Form)-Page 4 DoubleTime® EXHIBIT V.G. Page 28 of 39 OR: 3860 PG: 2827 Signed,sealed and delivered in our presence: ,�, ��C�-�0 : -- (Seal) (Signature of fitness#1) Bruc• D.Dee Print Name: &yl IT Q( A.\1 U(.V 1167 Third Street South,#107 Naples,FL 34102 !s (Si.. e of Witness#2 Pr' /, ame: 7-State of Florida Wit COtix County of Collier ��(� The foregoing instrument was aclnow dg-'a .efore me this 2-/'day 2005 by Bruce D. Dee, who is is personally known or U has produced: dri :'cense . '•-, c 'on. • [Notary Seal] a ÷, JENNI 'Tr." i••ted Lame: MY COMMI",' DD 316223 '` EXPIRE 2008 g Bonded mN k donators ` im is- Aires: -7ITE C1 c- Warranty Deed(Statutory Form)-Page 5 DoubleTimea EXHIBIT V.G. Page 29 of 39 OR: 3860 PG: 2828 Signed,sealed and delivered in our presence: _ .#(.. .z;201.00, I. roe , `, 1. LA.Y - it al) (Signature of Witness#1) Mary O. ux Print Name: ,j - t/ pJ/C i / vi1.94.is!<e 572 17th Avenue So Naples,FL 34102 Ofrae• (Signature of Witness#2) Print Name: N46,..,.'1;?rer& State of Florida NI$R. CO County of Collier ti The foregoing instrument was acknow d e e this g g g of..) o` � , 2005 by Mary O. Kux, who L]is personally known or[Q]has produced dri er's j e a n. \ \ ° ._. [Notary Seal] i„ ii...0 c t j`, 'e ted . e. M,,ly Z• L.ec.r►'y 0 r<�,� 3 5T C,6' My n ii it xpires: Bible (o Warranty Deed(Statutory Form)-Page 6 DoubleTimee EXHIBIT V.G. Page 30 of 39 *** OR: 3860 PG: 2829 *** Tract 58 Exhibit "A" Commencing at the intersection of the southerly right-of-way line of State Road No. 90(Tamlami Trail 200 foot right-of-way)with the east right-of-way line of State Road 951 (100.00 foot right-of-way); thence along the southerly right-of-way line of said State Road No. 90, S 54°20'16" E 620.10 feet for the PLACE OF BEGINNING; thence continuing along said southerly right-of-way line S 54°20'16"E 220.00 feet; thence S 35°39'44"W 400.00 feet; thence N 54°20'16" W 220.00 feet; thence N 35°39'44" E 4D0.Q1Zfeet.to.the PLACF OF RF(;JNNiNG; being a part of Section 3,-Township_51 .,urti ge 26 East, Collier County, Florida. R. COOS (7CI • -4''1', c-AVe\ EXHIBIT V.G. Page 31 of 39 Lt_.\. SPECIAL WARRANTY DEED This Indenture,made this day of December,2006 by SOUTH COLLIER ONE,INC. a Florida .,, ... Corporation, ("GRANTOR"), whose post office address is: 661 S. Collier Blvd, Marco Island, H Florida 34145 in favor of KRG 951 &41,LLC, an Indiana limited liability company,("GRANTEE"), -. whose post office address is: 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204. WITNESSETH,that the Grantor,for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, conveyed and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida,to wit: O w SEE EXHIBIT `A' ATTACHED 0 CP Tax Folio Number:00726724301, Tax Folio Number:00726721809 and Tax Folio Number: a 00726724204 cr. to Subject to Real Estate Taxes for , I$7, and t 3 'sons set forth on Exhibit B attached hereto. CI 10 TO HAVE AND TO O .D, the s.i � - .i ee si ple forever. o s� y rn •OS CP AND the Grantor does hereby in,-n. . 1 t . Ikt`:t Te i n of delivery of this deed the a premises were free from all e b .Tres ..' - • '-Gr. a --: s.. • t the Grantor will warrant and ;, r c) r w defend the same against the 1 claims and deman•-0f al pe r 0• claiming by,through or under Ei k j moo the Grantor, but against none y� c b o IN WITNESS WHEREOF, Grant `• nto se nd and seal the day and year first r above written. E CI Signed, sealed and delivered outh Collier • . • nc. a Florida Co . :on 0 Florida in the resence of: / o WI Signature of Witness No. 1 aul ateo,President N VI CD o V. W O CA VI Ca ° `" °Z1c c ) 7 TE'o O p Q Printed Signature of Witness No. 1 1. '�G. uo Signafure of Witness No. 2 Printed Signature of Witness No. 2 EXHIBIT V.G. Page 32 of 39 STATE OF FLORIDA COUNTY OF COLLIER V The foregoing instrument was acknowledged before me this'z ay'of December, 2006,by Paul Tateo who is personally known to me or has presented his drivers'license as identification and did take an oath. Not bhc K:.g ‘ ,. "A./-?- <.,/12_ Printed Signature of Notary Public My commission expires: j/29AT Notary Seal/Stamp .0�..»w . AR"c" Comm 000�,a,� 0' = Bonded tfw 000422-4254: 4"( ,Y' ° �-a VP ........ F�p Ada Notary Assn.. ,o Y 4 '# ( .�1 CZ ° ':` '''''l 0-01 THIS INSTRUMENT PREP• ! b) WITHOUT OP I 'i 0 Craig R. Woodward,Esquire Woodward, Pires &Lombardo,P. • . '4, cV 606 Bald Eagle Drive, Suite 500 HE �CiR Marco Island, Florida 34145 (941)394-5161 EXHIBIT V.G. Page 33 of 39 . Exhibit"A" A parcel of land located in Section 3,Township 51 South,Range 26 East,Collier County, Florida being particularly described as follows: Commence at the Southeast corner of said Section 3,Township 51 South,Range 26 East,Collier County, Florida;Thence run North 00°41'50"East along the East line of said Section 3,for a distance of 1,496.21 feet to a point on the Southerly right-of-way line of U.S. 41 -Tamiami Trail(State Road 90), a 200 foot wide right-of-way; Thence run North 54°20'16" West, along said Southerly right-of-way Line, for a distance of 1,566.32 feet; Thence run South 35°39'44" West for a distance of 400.00 feet; Thence run North 54°20'16" West, for a distance of 1,654.49 feet; Thence run North 89°55'57" West for a distance of 683.32 feet to the POINT OF BEGINNING of the Parcel of land herein described; Thence run South 00°04'03" West for a distance of 200.05 feet;Thence run North 89°55'57" West for a distance of 196.99 feet;Thence run North 02°28'03"East for a distance of 36.59 feet;Thence run North 04°09'46" East for a distance of 163.91 feet;Thence run South 89°55'57"East for a distance of 183.75 feet to the POINT OF BEGINNING. Being the same lands as described at Official Records Book 3620,Page 2872 of the public records of Collier County,Florida. TOGETHER WITH: A portion of Section 3, Township 51 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the intersection of the Old East WI- om l • ,f State Road 951(100 foot right-of-way) and the South Right-Of-Way line of U.S , (20,b •a a•b 4: , t run South 02°28'03"West along the old right-of-way line for 370.24 feet;th - `• outh 87°31 - •r 45.20 feet to an intersection with p the new right-of-way line of said S •.• 951;thence run Sou •4°6°46" West along said new right ml of way line for 314.62 feet to THE O i BEGINNING of the 'arc,I of land herein described; .P From said POINT OF BEGINN G, 1 .o th ;' 2 • :" s, • • 37 eet; c- thence run South 54°21'46" Eas a di . e • '6 . 0 .11111 thence run South 35°3814" We a •is .nee if 4 .4, thence run North 89°42'48" We . -is 1• .-f _4_.- to a point on the new east right-o ` line of State Roai °,1; �..,►'' thence run North 04°09'46" East �._ said Easterly right-o, ay lin a ' tance of 240.00 feet to THE cc POINT OF BEGINNING. Being t ' a, e lands describe. ' fi , cords Book 3587,Page 1852 w of the public records of Collier Co 1 I, lorida. TOGETHER WITH: Clik Parcel 3,all that part of Section 3,Township 51 Sou , 'ange 26 East,Collier County,Florida being more particularly described as follows: Commencing at the East Vs corner of said Section 3; Thence along the east line of the Southeast 1/4 of said Section 3, South 00°40'54" East 1363.32 feet, to a point on the Southerly right-of-way line of U.S. 41 (Tamiami Trail); Thence along said line,North 54°20'16"West 4597.95 feet to a point on the East right-of-way line of State Road 951; Thence along said line, South 35°39'44" West 50.06 feet; Thence continue along said line, South 02°28'34" West 292.31 feet; Thence continue along said line, South 87°31'26" East 18.21feet; Thence continue along said line,South 04°13'13"West 795.41 feet to the Point of Beginning of the parcel herein described, said point lying on the North line of Parcel #1 of O.R. Book 2171, Page 2096, Public Records of Collier County, Florida Thence along said North line, South 89°55'57" East 100.26 feet; Thence leaving said line, South 04°13'13" West 163.33 feet; Thence South 02°10'25" West 137.24 feet; Thence North 90°00'00" West 100.08 feet to a point on the East right-of-way line of said S.R. 951; Thence along said line, North 02°10'25" East 142.82 feet; Thence continue along said line,North 04°13'13"East 158.52 feet to the Point of Beginning of the parcel herein described. . Being the same lands described at Official Records Book 3595,Page 3763 of the public records of Collier County,Florida. EXHIBIT V.G. Page 34 of 39 Exhibit "B" • Following lists permitted exceptions applicable to property being transferred as noted on Exhibit"A": 1. Resolution No.CWS-85-4 confirming the revised preliminary assessment roll for the constructed water improvements of the regional water system,Assessment District No. 1,as recorded in O.R. Book 1142, Page 1796; as amended in O.R. Book 1143, Page 2367, of the Public Records of Collier County, Florida. 2. Terms, covenants, conditions and other matters contained in the Agreement for Non-Exclusive Ingress/Egress Easement recorded March 31, 1999 in O. R. Book 2529, Page 1389;as amended by Amendment to Agreement for Non-Exclusive Ingress/Egress Easement as recorded in O.R. Book 3620, Page 2850; of the Public Records of Collier County, Florida. 3. Resolution No. 92-563 recorded in O. R. Book 1763, Page 2171, Public Records of Collier County, Florida. 4. Declaration and Grant of Easeme ailel�..i f''•'_ ook 3293, Page 1368; as amended in ,E O.R. Book 3620,Page 2835, P, • ' I is of Co c ,Florida. C 5. Ordinance No. 75-20,files a O.R. B.ok 619, 'ag 1177 of the Public Records of Pco Collier County, Florida, egu tin.' '— s • .tion o' any w. er .:'stribution system and waste water collection system ith. • :-"•r•: t. rn 6. Ordinance No. 75-21,fil - 9 ; '7 t. ook ' 9 Pa ' 82 of the Public Records of Collier County, Florida, k - ting certain trees w --in o her '' ty. G? 7. Ordinance No. 75-24,filed 9, 1975 in O.R. Boo I "* 1191 of the Public Records of o0 Collier County, Florida, reg t •nd restricting the rio , construction, alteration, etc. of buildings, locations,etc. .111E DE- 8. Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District as recorded in O.R.Book 649,Page 1239, Public Records of Collier County, Florida. 9. Collier County Ordinance No. 90-30 referred to as the "Collier County Mandatory Solid Waste Collection and Disposal Ordinance",as amended. EXHIBIT V.G. Page 35 of 39 •g . SPECIAL WARRANTY DEED This Indenture, made this 9 day of December 2006, by Craig R.Woodward,Trustee under ,.. that certain land trust dated March 19,2002,("GRANTOR"),whose post office address is: P.O. a H Box One, Marco Island, Florida 34145 in favor of KRG 951 &41,LLC, an Indiana limited liability b company, ("GRANTEE"), whose post office address is: 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204. a w WITNESSETH,that the Grantor,for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof y is hereby acknowledged, has granted, bargained, conveyed and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: .o o . GP SEE EXHIBIT `A' ATTACHED o w Tax Folio Number: 00725841007 . a .. a io Number: 00726280007 cr. L RC00- o `" Subject to Real Estate Taxes for �r:, 117, and t - . 'ens set forth on Exhibit B attached hereto. s Y p TO HAVE AND TO OL!,rile sam- •II -- s', pie f. eve 7° .. sCI � d 'P AND the Grantor does her-,ay , • . E ° a a T im: of delivery of this deed the a, o _� premises were free from all a cu t a b c: 9 . . t r. o t an, h.t the Grantor will warrant and Ei o defend the same against the l; Iv, s : -1..-,::, of r'. + laiming by,through or under ,., P the Grantor, but against none 7 NON HOMESTEAD F !Al 'NT PROPERTY '1° Q '° 0 IN WITNESS WHEREOF, Gr. '1 .- '- hereunto set Gran 7 's�'.i d and seal the day and year first c°ri above written. de, 0 .., Signed, sealed and delivered -4/ CRC r ,j in the :ence o Signature of,i . -ss No. 1 CraiiR. Woodward, Trustee under that certain V-Ixci land trust dated March 19, 2002 with no personal 5r ,g-aet7 liability. Printed Signature of Witness No. 1 _ t.3. Signature of Wi mess No. 2 ? rir'c Querivi Printed Signature of Witness No. 2 DOCUMENIARY SIAM TAX ON THIS CONVEYANCE IS AFFIXED TO THE DEED FROM SOUTH COLLIER ONE, INC., TO THE ABOVE NAMED GRANTEES. EXHIBIT V.G. Page 36 of 39 STATE OF FLORIDA COUNTY OF COLLIER 9 i The foregoing instrument was acknowledged before me this.//day of December, 2006, by Craig R. Woodward who is personally known 10 me or has presented his drivers' license as identification and did take an oath. • (76,41,tel, 0/vu6-&/ .,0,,,, Pey;cyaAL by Notary Public :4 • MyComm.sionDIM63677 ,4 n a, Expires January 13,2007 > ' 12&Gif/ /7 L/ ' Notary Printed Signature of No ry P6blic My commission expires: 0///z/0 7. Notary Seal/Stamp 0 mi Q1•THIS INSTRUMENT PRE' 1' I7ITI�' i • ►;IO I • _ '� Craig R. Woodward,Esquire ' `d Woodward,Pires&Lombard. 606 Bald Eagle Drive, Suite 511 Marco Island, Florida 34145 � , 00 o (941)394-5161 L" C-1:9.--C c31 EXHIBIT V.G. Page 37 of 39 ' Exhibit"A" All that part of Section 3,Township 51 South,Range 26 East,Collier County,Florida being particularly described as follows: Commencing:at the East 1/4 corner of said Section 3;Thence along the East line of the Southeast''/ of said Section 3, South 00°40'54" East 1363.32 feet to a point on the Southerly right-of-way line of U.S. 41 (Tamiami Trail); Thence along said line,North 54°20'16"West 4597.95 feet to a point on the East right-of-way line of State Road 951; Thence along said right-of-way line in the following four described courses: 1. South 35°39'44" West 50.06 feet; 2. South 02°28'34" West 292.31 feet; 3. South 87°31°26" East 18.21 feet; 4. South 04°13'13" West 554.38 feet to the point of beginning of the parcel herein described; Thence leaving said right-of-way line South 89°38'27" East 190.04 feet; Thence North 35°43'41" East 247.50 feet; Thence South 54°17'28" East 757.12 feet; Thence North 89°55'57" West 866.87 feet; Thence South 04°13'13" West 163.33 feet; Thence South 02°10'25" West 137.24 feet; Thence North 90°00'00" West 100.08 fe- . align :ht-of-way line of State Road 951; Thence along said right-of-way in the v''. o descri► s; 1) North 02°10'31" East 142.8 2) North 04°13'13" East 395 fe, t• s- 8•int of beginning of th- parcel herein described; O Less Parcel 3 described as follow Parcel 3:All that part of Section To- .`1. - s► - •l lidt County,Florida being more particularly described as follow + _ t Commencing at the East'/4 corn r• a • ecti ; 'b Thence along the East line of the ,t_ i east '/of said Secti•1 , S•ut i 0'54" East 1363.32 feet,to a -- point on the Southerly right-of-wa"y='In: of U.S. 41 (Tamia , fi r. I)• C) Q Thence along said line,North 54°20 � est 4597.95 feet to a •• ` 6 e East right-of-way line of State oo Road 951; Thence along said line, South 35°39'44 s- ii.:: - ,4,''S., Thence continue along said line, South 02'- 4 Batt -.'r eet; Thence continue along said line, South 87°31'2• -. :. 1 feet; Thence continue along said line,South 04°13'13"West 795.41 feet to the point of beginning of the Parcel herein described said point lying on the North line of Parcel# 1 of Official Record Book 2171,Page 2096, Public Records of Collier County, Florida. Thence along said North Line, South 89°55'57" East 100.26 feet; Thence leaving said line, South 04°13'13" West 163.33 feet; Thence South 02°10'25" West 137.24 feet; Thence North 90°00'00" West 100.08 feet to a point on the East right-of-way line of said SR 951; Thence along said line,North 02°10'25" East 142.82 feet; Thence continue along said line,North 04°13'13"East 158.52 feet to the point of beginning of the parcel therein described. Being the same lands described at Official Records Book 3753,Page 0872 of the public records of Collier County,Florida. Together with: Commencing at the intersection of the Southerly right-of-way line of State Road No. 90(Tamiami Trail 200.00 foot right-of-way)with the East right-of-way line of State Road No.951 (100.00 foot right-of-way); thence along the Southerly right-of-way line of said State Road No.90, South 54°20'16" East 369.78 feet for the PLACE OF BEGINNING; thence continuing along said Southerly right-of-way line, South 54°20'16" East 250.32 feet; thence South 35°39'44" West 400.00 feet; thence North 15°42'54" West 320.40 feet;thence North 35°39'44" East 200.00 feet to the Place of Beginning, being a part of Section 3,Township 51 South,Range 26 East. Being the same lands described at Official Records Book 3443, Page 0892 of the public records of Collier County,Florida. EXHIBIT V.G. Page 38 of 39 ' • Exhibit"B" Following lists permitted exceptions applicable to property being transferred as noted on Exhibit"A": 1. Resolution No.CWS-85-4 confirming the revised preliminary assessment roll for the constructed water improvements of the regional water system,Assessment District No. 1,as recorded in O.R. Book 1142, Page 1796; as amended in O.R. Book 1143, Page 2367, of the Public Records of Collier County, Florida. 2. Perpetual Non-Exclusive Easement,license and privilege for constructing and maintaining utility facilities by and between Louise Rose Herbert and David H. Rose, as Grantors to the Board of County Commissioners of Collier County,Florida,as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District as recorded in O.R. Book 1896, Page 1855,Public Records of Collier County, Florida. 3. Ordinance No. 75-20,filed May 19, 1975 in O.R. Book 619,Page 1177 of the Public Records of Collier County, Florida, regulating the • . ;": • • any water distribution system and waste water collection system within a •i 9 I.Clirgg o 01 . e. ement. x- pc- SE 4. Ordinance No. 75-21,filed ► a Q, 1975 in O.R.Book • t,Pa.e 1182 of the Public Records of o Ms Collier County, Florida,p •tec 'n: IR• ■ -- wit . Col1ir r C. nty. 5. Ordinance No.75-24,fil,d "v4 :...E . - . .,-ri:e 1 91 of the Public Records of rn Collier County, Florida, reg at g a d re ri t n • . ton co struction, alteration, etc. of '� buildings, locations,etc. c i~ b r 4 1:41 6. Resolution by the Board • . nty Commissioner--s'. . . is' e Immokalee Area Planning o District and the Coastal Are. ' ing District as recor• ., .Book 649, Page 1239,Public o Records of Collier County,F ri O° 7. Collier County Ordinance No. 90-3' ?'P -• Zia C'°-Collier County Mandatory Solid Waste 'E' Collection and Disposal Ordinance", as amended. EXHIBIT V.G. Page 39 of 39 COPY PRE APPLICATION MEETING NOTES MEETING NOTES COLLIER COUNTY **** DEPARTMENT **** /J$J 744> ,y DATE 7-1c ,4 TIME 'O0 NOTES BY :114.7. 4 k fr--5 GAP{�,+ - r t 2 7 1r- T6v"' MAO S' 449 SC) TOPIC OF MEETING �t!� �Y / MAO Syr r/-t� .�• �I'i./Yla/ C if=/3 ATTENDANCE(print name clearly) JSi.+ Pok Jv:+wr.+7 Cr" -f'r• dL Yvvrnvv it6-ty Rte. 3D00.1 far.17, K:-k g411 (.•. ,�,;) ne-0,m -Li` z-, r w k 1-.4.1,e,-tr4n cre-v2 Ey ` h Br i ,d' 4207 C-72.44/s-c/. KEY POINTS/UNDERSTANDINGS/CONCLUSIONS Ire.-A`?? 1.14 .. // L S G. °) G/9-1-0- I, Pu) 171 4 Li S 414-'€5. N.l.-(,'fcf 4- $f G/vt? . +/ ICI r ftky 1...1.., ��=^/E.�i (r,V.iit Pia Lid- 4.;1-47 r6ric;h1 4,17. . !4/% AU ' 1.c .�• ;,,� 4141. >i t& /) r h: ` 1-' r.q An y7a VA Lb 1 'G ) 4-42. +I 5.14. /1 r/r . /S S .E'er f / /1/0 �j?dtr-fn* ifsve w/ MP// . J 5/- J vYE'.+// l)( huf-inf US IS 4//po-q r'K pi-Z1-4 f.,, frditi G;fJ�L':�fr;`a/i/ £t4 -1�t jf preyc:,f/,, .E'll-ei 'y v 519 PL'�� , 44 lief.- 5vi/yv:.467r CGf, / icirs —Sc io,.,�(G(' Ei C..`.., /.. U1)/1 w!1 �z cr�a > �� %�.' h� — CoPmurn,.f NMins C $CC me-eA,g i !J jkv i dj .vG (attach additional pages if necessary) AGENDA ITEM 9-C Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: DECEMBER 18, 2014 SUBJECT: PUDA-PL20140000477, TAMIAMI CROSSING CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO SMALL SCALE GMPA TO A/C #18 AND HENDERSON CREEK, PL20140000534/CPSS-2014-3) APPLICANT/OWNER: KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AGENTS: Mr. D. Wayne Arnold Mr. Richard D. Yovanovich Q. Grady Minor& Associates Coleman,Yovanovich and Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs,FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance amending Ordinance Number 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the currently approved maximum density of 235,000 square feet of commercial uses; to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C, a new Master Plan; to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet; to add Deviations regarding directory signs; and to modify and delete Development Commitments; and by providing an effective date. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 1 of 14 o� !! / n 5 , ♦\\ E • ' W7ci:aa 5�:�':i1 \\ ' i„`,`,,,,.:,1411++., , \ i '+oer. 41",j„ii, Sy--44),, 1 a .�l4 * El�/ i , Q::„„,,,,,„:„:„„„.: ..„ Ldi„,,,....„i,„ 4., Pi. ii/ /::::11011111'„'.,1,Aiiiiil' i 0 .... t,,Nioe "..ttitititt.i,tt:*:.' 4..-!It v44:11..."10.11..r.....,„ i z ire yy ti . �II i— 'iii.eiei■iiii:i0 1 0 °� Ri it z 7 A -% ',4& 4 ,�, 1111 0 1 1 1 , 1 ._,,q, is � - ••.! Di ii 11111 :] ,1:11 p!i 440044 !yam (Its'a's) oarnaxpe tl31lbS a r.:, 1 4 7 Al* () - //r ilTriiiii111111 N /cv Q 31ros 01.oN o D CL Z L lq W 11 i ag iz . -_-] 1 1 A ir_i. _j 1 1 _ i J C '2. ..4 1 i ,-„, / i 1 1 (::,;\t:_n?.______1 ‘..) 1 p 0 H I o � o a 2 ri Or 11: n KS 2r3 -------"MINIlik --..._■gilijir:minv '------'r-------- Z i i•-■ x\ FAA I ilr t . .B i . 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' 5: _l a ®u o to B 1 ,K1,._, ! 1 1; t s . , ... ,p„ .-...,,,,,,, cb 0 0 -. . . • • '. t 6 1 ( it II VI 0 �' // b 0 0 t `....... j p t ' --06111---` le / U w w Y. U Z W Q _ U w _, w to g Q, Q (� w C.� O JO z wu W o6 w o H-0 6w w.. U. to 1.A ;a; 0 to Z 1- co ta a Q w 0.. 5 0 © ❑ GEOGRAPHIC LOCATION: The subject 24.5+/- acre property is located in the southeast quadrant of Tamiami Trail East (US 41) and Collier Boulevard (SR 951), in Section 3, Township 51 South, Range 26 East, Collier County,Florida. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The Tamiami Crossing CPUD was originally approved in Ordinance Number 08-50 on September 9, 2008. (Please see Attachment B: Ordinance Number 08-50.) The CPUD allows for 235,000 square feet of C-1 through C-5 Uses on a 25.45+/- acre site. Most of the CPUD except for 0.88 +/- acres is located within the Mixed Use Activity Center Subdistrict of the FLUE (Future Land Use Element). The 0.88 +/- acre parcel is located within the Henderson Creek Mixed Use Subdistrict(HCMUS). Currently, the 0.88+/- acre parcel is prohibited from having any buildings on it, essentially limiting it to a parking lot use. The petitioner seeks to remove the 0.88+/- acre portion of the site from the Henderson Creek Mixed Use Subdistrict and redesignate it to the Mixed Use Activity Center Subdistrict. A companion small-scale amendment has been filed to remove this small parcel from the Henderson Creek Mixed Use Subdistrict (HCMUS) and redesignate the parcel to the Mixed Use Activity Center Subdistrict (Activity Center#18). The size of the PUD, 25.45+/- acres, and boundary of the PUD will remain the same. As noted previously, the petitioner is also seeking to replace the large format retail Master Plan and a multi-tenant Master Plan with a new multi-tenant Master Plan. The commitments that were associated with the large format retail along with commitments that are redundant with the LDC (Collier County Land Development Code) have been removed from the PUD document. The petitioner proposes to increase the building height from a zoned height of 35 feet to 45 feet and to increase the actual building height from 40 feet to 50 feet. SURROUNDING LAND USE AND ZONING: North: A Collier County lift station with a zoning designation of RSF-3 (Residential Single— family); and Tamiami Trail (US 41), a 6-lane divided principal arterial road and then undeveloped and developed retail with a zoning designation of C-5 (Heavy Commercial). East: Preserve area with a zoning designation of Artesa Pointe PUD(Planned Unit Development) and conservation land with a zoning designation of Agriculture(A). South: Walmart Shopping Center and Passedo Drive, a two-lane local road; and then single— family residences with a zoning designation of Artesa Pointe PUD. West: Circle K Convenience Store/Gas Station and Sprint Station with a zoning designation of C-4 (General Commercial), and a Collier County lift station with a zoning designation of RSF-3 (Residential Single-family), and Collier Boulevard (SR 951), a 6-lane divided TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 4 of 14 minor arterial road; and then residential development with a zoning designation of Eagle Creek PUD. 4 Stp.. � \ i %. 0 r.4 , � I 1 �, %•^�i• x'44 TFn :N(•• 2s;,d c. { '4441' dos ; k` , { •, SUBJECT x "'" tt ', o; PROPERTY ' .. . ti • e . �I' .�,;' 4 SUBJECT �;v'Stet' `F"1.:,. -'.A. �� u .;• .--. +aA "1441 a„- ,Job '. ''''`/J : 1 11' • .t'e."1"1 r 0.88 ACRE l ' *''01ire . ,b ' .s .. I �'; ; `-,%1,1,.....7%1 L. PARCEL �`I 1 a ,F N .” �. f • '..hth c: _. . it :, • ' �r . '.�.•.x,n,.:nnv .:.•i x_ 11 :��i` ice.- '� 1 ft AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban, Urban Commercial District, Mixed Use Activity Center Subdistrict (almost the entire site), and Urban Mixed Use District, Henderson Creek Mixed Use Subdistrict (0.88+/- acres), and is within the Coastal High Hazard Area — all as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict allows commercial uses as allowed in the C-1 through C-5 zoning districts; and, the Henderson Creek Mixed Use Subdistrict does not allow commercial development (building square feet) on the 0.88+/- acre parcel. Note: There is a companion GMP amendment petition (CPSS-2014-3) proposing to remove the 0.88+/- acre parcel from the Henderson Creek Mixed Use Subdistrict and add it to the Mixed Use Activity Center Subdistrict resulting in a 0.88+/- acre expansion of the boundaries of Mixed Use Activity Center TAMIAMI CROSSING CPUD,PUDA-P120140000477 November 18,2014 Page 5 of 14 #18. The proposed PUD Amendment to remove the restriction on building development for the 0.88+/-acre parcel is contingent upon approval of the GMP amendment. The existing Tamiami Crossing CPUD(Ordinance No. 08-50) allows a variety of commercial uses, consistent with the Mixed Use Activity Center Subdistrict. However, the 0.88+/- acre parcel not presently located in the Mixed Use Activity Center is prohibited from containing buildings — essentially limited to parking lot use. The primary use change requested in this petition is to allow building construction on that 0.88+/- acre parcel. When this PUD was approved in 2008, it was deemed consistent with the FLUE,including the Mixed Use Activity Center Subdistrict's factors to be considered for rezoning, and applicable policies under Objectives 5 and 7. The FLUE has not been amended subsequently so as to affect consistency. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Consistency with the Transportation Element, Policy 5.1 has been achieved via participation in a joint DCA (Developer's Contribution Agreement recorded on April 16, 2009 (O.R. 4444,Pages 2523-2546). Conservation and Coastal Management Element (CCME): Environmental Planning st.ff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The location of the proposed preserve will not be affected by the proposed amendment and together with the proposed water management area will provide a connection to adjoining preserves within Artesa Pointe PUD and State owned lands to the southeast. A minimum of 3.49 acres of native vegetation are required to be retained for the PUD. Based upon the above analysis, the proposed PUD may not be deemed consistent with the Future Land Use Element. However, if the companion GMP amendment petition is approved,then this petition could be deemed consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis."In addition, Staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The developer environmental commitments section has been updated to delete standard LDC requirements and to document the minimum preservation requirement for the PUD. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances, the project does not require review by the Environ- TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 6 of 14 mental Advisory Council (EAC). There are no impacts or changes in location to previously approved preserves, no listed species have been identified on-site and the project site no longer meets the size threshold for review by the EAC. Transportation Review: Transportation Division Staff has reviewed this petition and recommends approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The primary change as noted previously is to remove the 0.88 acre+/- portion of the site from the Henderson Creek Mixed Use Subdistrict and relocated it to the Mixed Use Activity Center Subdistrict. The petitioner seeks to amend the following items in the PUD: - Replace the large format retail Master Plan and a multi-tenant Master Plan with a new multi-tenant Master Plan. Remove the commitments that were associated with the large format retail along with commitments that are redundant with the Collier County Land Development Code(LDC) Increase the maximum building height from a zoned height of 35 feet to 45 feet and to increase the maximum actual building height from 40 feet to 50 feet. List adult-oriented sales or rentals (Group 7841)as a prohibited use. The petitioner is also removing the original sign and landscape deviations and is seeking one new sign deviation from the Collier County Land Development Code (LDC). Please see the Deviation Discussion section of this Staff Report for further information. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 7 of 14 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The currently approved type and pattern of residential development was determined to be suitable when the subject PUD was previously approved. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP,subject to the adoption of the companion GMP amendment. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development,landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was previously approved. Staff believes that this amendment will not change the project's compatibility,both internally and externally,with the proposed amendments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 8 of 14 must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection10.03.08. F states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment may not be deemed consistent with the Future Land Use Element. However, if the companion GMP amendment petition is approved, then this petition could be deemed consistent with the FLUE. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 9 of 14 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to remove the 0.88+/- acre portion of the site from the Henderson Creek Mixed Use Subdistrict and relocate it to the Mixed Use Activity Center Subdistrict. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall intensity of commercial land uses allowed by the current PUD is not exceeded in the proposed PUD amendment. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will increase the zoned building height from 35 feet to 40 feet but it will not affect the amount of light and air to the adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 10 of 14 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties adjacent to the subject site are already partially developed. The basic premise underlying all of the development standards in Exhibit "B" of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If the proposed companion GMPA is approved, then the proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further,believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD amendment is not out of scale with the needs of the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Not applicable. The proposed uses are already permitted at the subject site. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the SDP (Site Development Plan) process and building permit process. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 11 of 14 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking one new deviation from the requirements of the LDC. It is Deviation#3 and is found in PUD Exhibit E. Deviation # 3 seeks relief from LDC Section 5.06.04 F.3, Directory Signs, which allows one directory sign, containing a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street, to allow one directory sign containing a minimum of 4 panels and a maximum of 8 panels for 1 single entrance on each public street, for a maximum of two directory signs on U.S. 41 and a single directory sign up to 150 square feet on Collier Boulevard. Petitioner's Rationale: The deviation is necessary in order to provide guidance to motorists and customers with regard to tenants within the center. As designed, the primary building will be situated on the site at an angle, thereby limiting exposure of individual tenant signs to customers. Further, the directional access points provided warrant a directory sign in order to allow visible signage to northbound and southbound motorists. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Therefore, Planning & Zoning Review staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant duly noticed and held the required meeting on September 10, 2014 at 5:30 p.m. at the East Naples Library at 8787 Tamiami Trail East, Naples, FL 34113. For further information please see Attachment C, "Tamiami Crossing CPUD.....Neighborhood Information Meeting" (NIM)synopsis prepared by the applicant. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 12 of 14 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA-PL2014000477 on November 18,2014, RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20140000477 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Proposed Ordinance B. Ordinance Number 2008-50 C. NIM Synopsis TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 13 of 14 PREPARED BY: 110U• I4 2& NA CY G LA , AICP, PRINCIPAL PLANNER DATE • GROWTH AGEMENT DIVISION REVIEWED BY: , /� r.�.�e.1 �! '!' __ if (4--(,�. RAYI4 N,D V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION I(- 1y-11 MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: NIC ` A 'AL• UI P A, • P MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the February 10, 2014 Board of County Commissioners Meeting TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 13,2014 Page 14 of 14 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20140000477) WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.representing KRG 951 & 41, LLC, petitioned the Board of County Commissioners to amend the Tamiami Crossing Commercial Planned Unit Development("CPUD"). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Amendment to CPUD Document. The CPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 2008-50 is hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A" through"G"and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01356/1132764/1]55-Tamiami Crossing CPUD\PUDA-PL20140000477 Rev. 11/21/14 1 of 2 Attachment A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATFEST; BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: B y: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E- List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Landscape Buffer [14-CPS-01356/1132764/1355-Tamiami Crossing CPUD\PUDA-PL20140000477 Rev. 11/21/14 2 of 2 EXHIBIT A FOR TAMIAMI CROSSING CPUD PERMITTED USES I. PERMITTED USES The 25.4402± acre commercial project shall not be developed with more than a maximum of 235,000 square feet of gross commercial floor area. No building or structure, or part thereof, shall be erected,altered or used,or land used, in whole or in part, for other than the following: A. Principal Uses—Commercial Tract: 1. Amusement and recreation services: Groups 7911 and 7991. 2. Apparel and accessory stores: Groups 5611 -5699. 3. Attorney Offices and Legal Services: Group 8111. 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 (gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores,and excluding truck stops -retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 (motorcycle dealers). 5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or less). 6. Boat Dealers: Group 5551. 7. Bowling Center:Group 7933 8. Building Materials: Groups 5211-5231 9. Business Services:Groups 7311,7313,7322- 7338, 7361,7371 -7384. 10. Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places:Group 5812. I Words struck through are deleted;words underlined are added Tamiami Crossing CPUD Revised 11/18/2014 Page 1 of 13 13. Educational Services: Groups 8211 - 8249 and 8299 (no exterior instruction of motorized equipment). 14. Food Stores: Groups 5411,5421,5431 (except roadside sales)and 5499. 15. Garden Supply Group: 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099. 19. Professional Offices: Groups 6712-6799. 20. Home Furniture,Furnishings and Equipment Stores: Groups 5712-5736. 21. Hotels and Motels: Group 7011. 22. Insurance Agencies,Brokers and Carriers: Groups 6311 -6399 and 6411. 23. Management Services: Groups 8711 -8748. 24. Membership Organizations: Groups 8611,8621, 8641 and 8661. 25. Miscellaneous Repair Services: Groups 7622-7631. 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111 -9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531 - 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 -6289. Words eirteek-ihreugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 11/18/2014 Page2of13 • 33. Social Services: Groups 8322 (only adult day care centers,counseling centers, and senior citizens associations),and 8351. 34. Travel Agencies: Group 4724. 35, Veterinarian's Office: Group 0742 (for household pets only and without overnight boarding or outdoor kennels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges(Group 5813),only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted(except roadside sales). II. PROHIBITED USES The following uses shall be prohibited: 1. Tattooing establishments(Group 7299), 2. Adult-oriented sales or rentals (Group 7841 . III.PRESERVE TRACT USES No building or structure or part thereof, shall be erected altered or used,or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Preserves B. Accessory Uses: Words etlwek-through are deleted;words underlined are added Tamiami Crossing CPUD Revised 11/18/2014 Page 3 of 13 1. Boardwalks,nature trails and shelters. • 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals,or designee,determines to be compatible in the Preserve Tracts. • Words struck-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 11/18/2014 Page 4of13 EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code(LDC) in effect as of the date of approval of the site development plan(SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq.Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS(External) From Tamiami Trail (U.S. 41)*** Not less than 25 feet SPS From Collier Blvd.*** Net less then-25 feet. SPS From Pasedo Dr 25 Ft. SPS From Artesa Pointe PUD Boundary 15 Ft. SPS From Western Project Boundary 25 Ft. SPS From Eastern Project Boundary 25 Ft. SPS MINIMUM YARDS(Internal) Internal Drives/ROW 10 Ft. SPS Rear 15 Ft. SPS Side 10 Ft. SPS Preserve 25 Ft. SPS MIN.DISTANCE BETWEEN 10 Ft. or'A the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT I t .14-4 tr+l i t,** 7nned*** Zenetl-}5- 10"1. 25 Ft. .\ctuo l 10 Ft. Offs �gsActuaI Zoned 35 Ft. 25 Ft. Actual 40-50 Ft. MINIMUM FLOOR AREA 1.000 Sq.Ft. ** N/A MAX.GROSS LEASABLE AREA 235,000 Sq.Ft. N/A SPS=same as principal structure * whichever is greater ** Per subdivided lot,excluding parking areas under buildings *** Front yard setback requirements from Tamiami Trail(US 41)East and Collier Boulevard(CR 95.1)to be one foot for every two feet of zoned building height,but not less than 25 feet. Words sir+uek-trough are deleted;words underlined are added Tamiami Crossing CPUD Revised 11/18/2014 Page 5 of 13 ■ n.•.r+.:..i:rr.waerry n--:n.r-rrm:.a..W..ww.:e/47n,•..,.,..rw..rt...a...y:•. 4 r I W (/a, .WN y !Y:111 !k U V� �'/' ,' pp 1§ a JW ig�a�� 4 O< N FW-d N II 11'� U W: IFI rig / _ f al t, O N Q� z 7 /: f%/ ! c q f?� E$re w arJ K h m �f 1: �' � v 211 ae;gW o / . r v s i ap z . ' :� �5 ., ;1 `W <R j O 7 r 9a W z a - L.: 0 r4§1. //k/ �V p4- V > / <w u.agz / �/. °gW4 U W r c $ g. On y$f„z // i ,� g� Z � iL <W a N a 'a 3!'; /f 9 ..vc - gg / 14 V ' f . 1L w w .. a II 1 Z r N tri 'fit 0 C) f 5 `o ; .: f�•. G' 0 0 1 i is '',/,, &o o P I 4 0i R. •fir o o 1" w51 ® s / 8 rr /.. ,.. % 0 ::, . • 5 lic_ • I - • I 1 o '• Vii, z 1l 1 .77;ml '" 1. eSyy ' i ; r'1 ; / ' Cty'l rep. G.1. pg �` �; �u�i' "} 1 I'" ``! ,/ b - _ � ' pad; b dal �y+� - 4 F ( 3.`1�` W -i 4 i..t NS ... rn I J N� .� is w s • / / ° f R ) / Y (7. /' Q W h w Q co co W 2- W� Q°u o `i (.2 aU'i o NS z f:_., .:.,.- EXHIBIT D FOR TAMIAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.4602±acres is located in Section 3,Township 51 South, Range 26 East,and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "OS, 3" OF TRAIL RIDGE, ,a, • . - a • _. - _REOF AS RECORD�r' rl�AT BOOK 44-AT--P-AGE' & ' • — i _ • • .1: " ^a• a ' . _ . • a . . a . - _ a .. G . _ .3• . • - DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF T-1-1E-PU: 1, •• • - -LIER COUNTY, F' OR r' H€Nrc RUN- SOUTH 200.05 FEET TO A POINT ON THE NORTH LINE OF TRACT"C"OF SAID TRAIL RIDGE; • : • 4515711 - • - • - - • ' r'- • • - ' . . OF 196.99 FEET TO THE NORTHERL A OSTWESTE _a• • e . • • • " " _ • _• _ _ - e e' '" '-"' • LONG THE WESTERLY LINB OF SAID TRACT " " a • . . _ a - 41.1s _ • !a• .•°a.lee" THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09-FlE'r TO A POINT ON THE EAST RIGHT OF-WAY LINE OF STATE ROAD #951 (RIGHT OF WAY • e• e - • . e .._t . - .N NORTH 04°12'01" EAST, ALONG SAID EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 640,85 FEET: THENCE RUN SOUTH 89°42'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE •• .. • e• ._ .°, ' •" .'I" ' - , • a - • .? ."• . - • . a • 35°3914" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD-Nei-90 •• • •• • _ e; '•e - a - • OF WAY); THENCE RUN SOUTH 54°2016" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY 'e • - - _- - ,• ,,; ' :,, - ' 0 " 47RA4I -R-1 , a . a •. _ • 2e • • -.-e • e • • FLORIDA; THENCE RUN NORTH 54°20'16" WEST, ALONG TI-16 NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 25.151 ACRES, MORE OR LESS. COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 90 (TAMIAMI TRAIL) WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951 AS SHOWN ON FDOT RIGHT-OF-WAY MAP DATED 3/18/87 AND HAVING A SECTION NUMBER OF 03030-2511; THENCE ALONG THE SOUTHERLY Words SiFfiek4Ispettgh are deleted;words underlined are added Tamiami Crossing CPUD Revised 11/18/2014 Page 7 of 13 r RIGHT-OF-WAY LINE OF SAID STATE ROAD 90, SOUTH 54°2 P45" EAST 305.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 54°21'45" E 1,92732 FEET TO A POINT ON THE EAST LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3860, PAGE 2805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE SOUTH 35°38'15" WEST, A DISTANCE OF 400.00 FEET TO A POINT ON THE BOUNDARY OF TRAIL RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 71-77 OF SAID PUBLIC RECORDS: THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES; NORTH 54°21'45" WEST, A DISTANCE OF 855.70 FEET; THENCE NORTH 89°5726" WEST, A DISTANCE OF 683.33 FEET; THENCE SOUTH 00°02'32" WEST, A DISTANCE OF 200.05 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 196.99 FEET; THENCE SOUTH 02°29'01" WEST, A DISTANCE OF 100.09 FEET; THENCE SOUTH 89°58'31" WEST, A DISTANCE OF 100.09 TO A POINT ON THE EASTERLY RIGHT-QE-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 02°29'01" EAST,A DISTANCE OF 98.67 FEET TO A POINT ON THE BOUNDARY OF PARCEL 102FEE1 AS RECORDED IN OFFICIAL RECORDS BOOK 4892,PAGE 1638 OF SAID PUBLIC RECORDS;THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES; SOUTH 87°23'44" EAST, A DISTANCE OF 6.16 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 102.90 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 01°53'52", (CHORD BEARING NORTH 08°30'53"EAST,A DISTANCE OF 102.90 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT,THE SAME BEING A POINT ON THE BOUNDARY OF PARCEL 102FEE2 OF SAID OFFICIAL RECORDS BOOK 4892, PAGE 1638; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTHERLY 12.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 00°13'26", (CHORD BEARING NORTH 09°34'31" EAST, A DISTANCE OF 12.14 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT;THENCE NORTHERLY 452.43 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,961.00 FEET,A CENTRAL ANGLE OF 06°32'40", (CHORD BEARING NORTH 06°24'55" EAST, A DISTANCE OF 452.18 FEET); THENCE NORTH 07°54'29" EAST, A DISTANCE OF 112.52 FEET; THENCE NORTH 05°32'33" EAST,A DISTANCE OF 6.21 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF SAID PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE SOUTH 89°43'43" EAST, A. DISTANCE OF 223.28 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF SAID PUBLIC RECORDS;THENCE ALONG SAID BOUNDARY FOR THE REMAINING COURSES AND DISTANCES BACK TO THE POINT OF BEGINNING; NORTH 15°44'18" WEST, A DISTANCE OF 320.41 FEET; THENCE NORTH 35°38'15" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25.02 ACRES, MORE OR LESS. Words struek-through are deleted:words atnderlI ne4 are added. Tamiami Crossing CPUD Revised 11/18/2014 Page 8of13 EXHIBIT E FOR TAMIAMI CROSSING CPUD DEVIATIONS A. Landscape-bufferf s}: - . ..• _. . - ion from Subseetion 9.96.02,T., .. . •- would provide relief from the abov3 referenced LDC provision which requires a zero lino . - ;. - - ,.• . _ . - . . _• - r. -- • .. . - - .._ . . - - . - . . .. . - . " . • . t-ftge sign shall exceed-8.0-squar -#eet, C1. Parking distribution. The developer requests a deviation from Subsections 5.05.08.E of the LDC which permits no more than 50% of the required parking area for interior lots to be located between the primary facade and the abutting street, to permit 100%of the required parking area to be permitted between the primary facade and the - =- - • : road frontage. The landscape buffer adjacent to Goll-ief-Botflevardthe public roadways shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in Exhibit F, Item 2.E.1. - .. covered pedestrian walkway as described--in--S*tbseefien 2.E.2. of Exhibit F of tl Ordinance. 442, Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.E-?I1 which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. 3. Project Signage. The developer requests a deviation from LDC Section 5.06.04,F.3, Directory Signs, which allows one directory sign, containing a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street to allow one directory sign containing a minimum of 4 panels and a maximum of 8 panels at each project entrance, for a maximum of two directory signs on U,S, 41 and a single directory sign up to 150 sq. ft. on Collier Boulevard. Words slnielf-Mpeugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 11118/2014 Page 9 of 13 EXHIBIT F FOR TAMIAMI CROSSING CPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. PUD MASTER.PLANS 1. -Exhibit "C 1" and Exhibit "C 2" depict the conceptual ma3ter plans for _ _ - .. --- iet�s '. Exhibit "C I", "Conceptual Maator Plan "A", Large Format Retailer" illustrates the proposed development for a 170,000 SF or larger single - - .-. ' . - . .. . . , d�ase �y be varied : - - ..--s . .-ace-ouch as final platting -time: a. The Building setback shall be a ratio of 2 feet er- he-regal-ired-la pe-bu€fe• : . • - _ d--Conceptual--Klan--`C. 1" shall adhere-to the applieable-arehiteetural commitments in Exhibit"F", Item G. 3. Exhibit "C 2", Conceptual Master Plan "B" illustrates the proposed development-•fer-ritu-1 • . . • , ^ - ^ an 1X0 009 S4; is I lend-use :; .. . . -. time to time. Words struely-thrrough are deleted;words underlined are added. Tamiami Crossing CPUD Revised 11/18/2014 Page 10 of 13 B. WATER MANAGEMENT 1. A copy of the South Florida Water Management District (SFW-M-14) . • • . ... . . -o sent to Collier Count 2. A copy of the SFWMD surface water permit shall be submitted to Collier County prior to final . - ' :• -. : . :: . NGVD or abov C. UTILITIES 1. Water distrib. , . • - d-interim--water constructed, conveyed, owned and maintained in accordance—nth applies ..• - . . ._ • _ _. - __ _ regulations. 2. Except on an interim basis for structures such as sales/construction trailers and--models-;41 - . -- -- -.. _ :- .. : . ' ' . ' D, TRANSPORTATION 1. The Conceptual Master Plans "A"and"I3"depicts two potential vehicular and pedestrian interconnections with the adjacent property to the south. The developer shall assure that these interconnections accommodate the perpetual use of such access by incorporating the appropriate language into the applicable development covenants,and SDP or plat. E. PLANNING 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type `D' Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center. Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights. The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart. All required plants shall be native species. The enhanced landscape buffers are depicted on Exhibit G. 2. The developer shall provide a covered pedestrian walkway over the lengest--1 cape-tslan d - = - -- - , Words through are deleted;words underlined are added. Tamiami Crossing CRUD Revised 11/18/2014 Page 11 of 13 ! f f F. ENVIRONMENTAL 1. A minimum of 3.43 acres(22,84 x .15 =3.43)of native vegetation shall be preserved in accordance with the LDC. .: - - - - - : .:rnitted--fef 1. The theme for all buildings in the center for Conceptual Master Style"or"Florida Cracker Style". zened height of 35 feet. with a maximum actual height of 38 feet. right of way shall not exceed the maximum heights listed in Exhibit B.Table 1, Words elpuolf-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 11/18/2014 Page 12of13 ;ill // I te gill i , 0 of 0 1 ti,,it I rn >N11 II q , 1 I 21P i i. 01/= \/ at . , �a ,,,r„ .1/41,,,A r 1 A k‘N‘ g; 4 W,4 5 so 4134 Nis 1, . I i iI11 g in 24 ri 1-4 ig r'll 1 ket 0 --∎ W O C4 4.1 it C.) ! '-' 0 HN I u N1 )e N 1 .- Iiihtiv „.......__ ,.,..:,, ....., p, 43 ._ • -_,...37,--i- ll 1 "' 1• � 1 Ifr 1 ( I .