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HEX Agenda 10/22/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA OCTOBER 22, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, OCTOBER 22,2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PMC-PL20150001668 — Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC is requesting approval of a minor change, pursuant to LDC Section 10.02.13.E.3.c, to the Cocohatchee Bay PUD Ordinance No. 2000-88 as amended by Settlement Agreement and Release approved June 9,2008,to remove an affordable housing commitment to make a monetary payment of 3 million dollars to Collier County. The property is located on the northwest and northeast quadrants 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 532.09± acres. [Coordinator: Rachel Beasley, Planner] B. PETITION NO. PDI-PL20140000640 — Landquest Group, LLC requests an insubstantial change to Ordinance Number 07-54, the Tree Farm MPUD, as amended, to reduce the maximum number of residential dwelling units from 425 dwelling units to 281 multi-family/townhouse or 138 single-family detached units;to reduce the density generated from the Mixed Use Activity Center Subdistrict from 7.7 to 0 units/acre; to correct a scrivener's error by changing the density generated from the Urban Residential Subdistrict, Density Band from 4 to 7 units/acre; to reduce the size of water management areas from 7.2 to 6.4 acres; to reduce the maximum total allowable square footage within the PUD Commercial Mixed-Use District from 175,000 to 120,000 square feet; to increase the maximum size of retail or office uses from 43,500 to 100,000 square feet; to add a deviation to permit residential components of the PUD to have a maximum wall height of 8 feet along the PUD perimeter and 12 feet along Collier Boulevard; to update various provisions to reflect the conveyance of a 7.42 acre parcel to Collier County; to amend residential development standards relating to minimum setbacks; to create a new Recreational Area section with permitted uses and development standards; to move clubhouse/recreation development standards from the Residential District section to the new Recreational Area section; to remove one transportation development commitment; to reduce the number of required raw water well easements from 2 to 1; to add a utilities development commitment relating to construction and access to the well easement site; and to amend the Master Plan to reflect existing PUD conditions and add a new Recreational Area along the northern PUD boundary, for the PUD property consisting of 58.84± acres located at the intersection of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator:Nancy Gundlach,AICP,RLA, Principal Planner] C. PETITION NO. VA-PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05-14,the Silver Lakes Mixed Use Planned Unit Development(MPUD), to reduce the minimum front yard setback from 10 feet to 5.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East,Collier County,Florida. [Coordinator: Rachel Beasley, Planner] D. PETITION NO. ZVL(CUD)-PL20150001787—City Gate Development, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of air conditioned, enclosed mini- and self-storage warehousing (SIC 4225) and non-air conditioned, outdoor accessible mini- and self- storage (SIC 4225) are comparable in nature to other permitted principal uses in the area described as "West of the Florida Power& Light Easement" under Section 3.2(A) of the City Gate Commerce Park PUD, Ordinance No. 88-93, as amended. The subject properties are located on the east side of Collier Blvd. (C.R. 951),just north of Interstate 75, in Section 35, Township 49 South, Range 26 East, Collier County,Florida,consisting of 27.08±acres. [Coordinator: Rachel Beasley,Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: OCTOBER 22, 2015 SUBJECT: PETITION NUMBER: PMC-PL20150001668, TO REMOVE THE AFFORDABLE HOUSING COMMITMENT CONTAINED IN THE COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT SETTLEMENT AGREEMENT PROPERTY OWNER/AGENT: Applicant: Lodge/Abbott Investments Associates, LLC Agent: D. Wayne Arnold 3400 E. Lafayette St Q. Grady Minor and Associates Detroit, MI 48207 3800 Via Del Rey Naples, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Hearing Examiner (HEX) approve an application for a Minor Change to PUD Master Plan or Minor Text Changes (PMC) pursuant to LDC Section 10.02.13.E.3.0 to strike the Affordable Housing Commitment placed forth within the Cocohatchee Settlement Agreement and Release approved June 9, 2008 which amended the Cocohatchee Bay PUD. Ordinance 2000-88. Specifically the Developer, Lodge/Abbott Associates, LLC, agreed in the Settlement Agreement to contribute $3 million to the County for affordable workforce housing. Payment for the affordable workforce housing was deemed at the rate of $600.000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit was issued. GEOGRAPHIC LOCATION: The subject PUD is the Cocohatchee Bay PUD and is located on the northwest corner of Wiggins Pass Road (C.R. 901)in Sections 8. 16, 17, and 20, Township 48 South. Range 25 East, Collier County Florida, Consisting of approximately 532 acres Page 1 of 5 PMC-PL20 1 50001668 September 8,2015 A )_,.. -,{ I'.f. II - •q t c' C^ [ , dyt 0 �`S'• ..c..-• t 0 r,, X17 i �: i �, T. ,s `J `7 1 % j .I I • lrllr gi. lV 1l t I V f. ,,r 4 CH , *.j Er °h k l \\,,.. t y .lE/ . ^.ri..aC.1 '' .rf Z r H U ,;4 .611'. , i"-ss r? +< i .e^ ' -� i tri 4 lif t. -t* ti = -1 •- •• 4':rt 4 ,... , .... : . . , It* , c (Photo: Collier County ArcReader Zoning Map) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: A change to the Collier County Land Development Code(LDC)was approved on September 25, 2012, which created a process to make minor text changes to PUDs, Development Agreements and Settlement Agreements to remove the Affordable Housing Contribution commitments. Pursuant to LDC Sec. 10.02.13.B.3c and 10.03.06.T, the process is as follows: ``Affordable Housing commitments beginning October 3, 2012, the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contributions in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: i. The applicant notices property owners in writing in accordance with sections 10.03.05 B.10 or 10.03.05 B.11 as may be applicable. ii. if no written objection is received, the request to remove commitments is deemed approved. Page 2 of 5 PMC-PL20150001668 September 8, 2015 iii. If a property owner who receives notice submits a written objection within 30 days of the mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with subsection 10.03.05 B.13 of the LDC" "Minor Change to a PUD to remove affordable housing contributions pursuant to LDC section 10.02.13.E.3.c: 1. The following notice procedures are required: a. Mailed Notice, sent by applicant. 2. The following advertised public hearings may be required: b. If a written objection is received,one BCC or Hearing Examiner hearing" FISCAL IMPACT: • There were no contributions made by Lodge and therefore no refund required from the County. The only fiscal impact would be the County not receiving affordable housing funds. GROWTH MANAGEMENT IMPACT: The Housing Element of the Growth Management Plan (GMP), while encouraging the development of affordable housing, does not require affordable housing from individual projects. Based upon the adopted GMP, there is no growth management impact associated with the requested action highlighted within this Staff Report. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PMC-PL20150001668 -Cocohatchee Bay PUD/Settlement Agreement, on September 10, 2015. STAFF RECOMMENDATION: That the Collier County Hearing Examiner approve Petition Number: PMC-PL20150001668 that seeks to strike the Affordable Housing Commitment contained in the Cocohatchee Bay PUD Settlement Agreement and Release. Page 3 of 5 PMC-PL20150001668 September 8,2015 Attachments: A)Application B) Settlement Agreement and Cocohatchee Ordinance 00-88 C) Letters of Concern(3) D)Letters of Objection(5) Page 4 of 5 PMC-PL20150001668 September 8,2015 PREPARED BY: c(?,t 1,1. ks r'--\---) i RACHEL BEASLEY, PLANER DATE ZONING DIVISION REVIEWED BY: / , . 9.1"S RAYM D V. BELLOWSZONING MANAGER DATE ZONINGDIVISION _---- .. c-/c) - , !— MICHAEL BOSI, AICP. DIRECTOR DATE PLANNING AND ZONING DIVISION Page 5 of 5 PMC-PL20I50001668 September 8,2015 - — -- –� .09Lhowoomornicsouniv COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Minor changes to the PUD Master Plan and minor text changes may be allowed during its subdivision improvements plan or site development plan process to accommodate topography, vegetation,and other site conditions not identified or accounted for during its original submittal and review. The said changes determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and otherwise consistent with the provisions of the LDC and Growth Management Plan. The County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements under LDC subsection 10.02.13.E.3.c. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Pk. 6 cD/ f" PUD NAME: Cocohatchee Bay RPUD ORDINANCE NUMBER: 2000-88 As Amended Name of Applicant(s): Lodge/Abbott Associates, LLC& Lodge/Abbott Investments Associates, LLC Address: 3400 E. Lafayette St City: Detroit State: MI zip: 48207 Telephone: 313-567-7000 Cell: Fax: 313-567-3912 E-Mail Address: YaleLevin@soave.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey City: Naples State: FL ZIP: 34134 Telephone: 239-947-1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com 6/9/2014 Page 1 of 7 Attachment A 99nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? 0 Yes ❑ No ❑ 1. If applicant is a land trust,so indicate and name the beneficiaries below. Q 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) ` "- PRoptin lNFORmemoN; For a Minor Change to a PUD Master Plan: 1 1. Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. 2. Attach on a separate sheet, a written description of map change. 3. Does amendment comply with the Growth Management Plan? Q Yes ❑ No If no, please explain: 4. Has a public hearing been held on this property within the last year,Yes Li No If yes, please provide the petition name and number: PUDZ-PL20130001813 6/9/2014 Page 2 of 7 Ifro Cor County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 5. Has any portion of the PUD been['SOLD and/or 0 DEVELOPED? a. Are any changes proposed for the area sold and/or developed?Q Yes Q No b. If yes, please describe on an attached separate sheet. For a minor text change to remove affordable housing contribution commitments: 1. Please note that the applicant/agent is required to notify property owners and any other persons or entities that have made a formal request of the County to be notified. Please complete the draft letter ("Exhibit A") that is attached and provide the executed affidavit of compliance and the list of property owners. 6/9/2014 Page 3 of 7 Cofritr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ISUB ITTAL E UIREM ��.. .: � .� . ,�.� R Q Elft CHECKLIST ,,,, See Chapter 3 G.4 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FUK REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) 3 [] oject Narrative including a detailed description of the proposed 3 ❑ ❑ changes and why the amendment is necessary :Y F.........?peApplication Meeting notes 1 ❑ E avit of Authorization signed&notarized 3 Completed Addressing Checklist 3 0 El dopy of 8 Y2 in.x 11 in.graphic location map of site 3 Q 0 Current Master Plan&1 Reduced Copy(For item 'A'under Property 3 Info.) Revised Master Plan&1 Reduced Copy(For item 'A'under Property ❑ ❑ Info.) 3 x mer to adjacent property owners(For item 'E'under Property Info.) 3 fproperty owners(For item`E' under Property Info.) 3 Q ElCop f current PUD Ordinance(For item'E'under Property Info.) 3 ctronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 Q CI materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. PLEASE ROUTE ALL APPLICATIONS TO THE FOLLOWING PERSONS: County Attorney and Fire Code Review Office. I 6/9/2014 Page 4 of 7 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 FEE REQUIREMENTS X PUD Minor Change(PMC):$1,000.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 V14/1/ 1 ?-20 IS-- Applicant Signature Date QWgp Q. 5ctIe - cN Printed Name 4(6C1:64""AI ad 'a L+ 1,491004 ii.SsipcLetLe4 LLC atud2, w►.Lo f cap act4-td cta etce-PMr'AAI cb L e-(* A+ em S Ass&C.ta-0-4 U-C 6/9/2014 Page 5 of 7 Cocohatchee Bay PUD Project Narrative Project Narrative including a detailed description of the proposed changes and why the amendment is necessary. The Cocohatchee Bay Planned Unit Development (PUD) was approved on December 11, 2000 by Ordinance Number 2000-88, and later amended by a Settlement Agreement and Release on June 9th 2008 as a result of a Bert Harris lawsuit. As part of this approval, a condition was approved relating to affordable housing. In accordance with LDC Section 10.02.13.E.3.c, the property owner is requesting to remove the condition relating to monetary payment for affordable housing. The text change is consistent with the criteria in the LDC for removal of the affordable housing condition, and the required notice has been mailed to all property owners within 500 feet of the PUD boundary. A portion of the property west of Vanderbilt Drive is currently under development,the remaining portion of the property is undeveloped. Page 1 of 1 • IIIGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects July 29,2015 RE: Affordable Housing Commitment in Ordinance Number 2000-88 as Amended, the Cocohatchee Bay Planned Unit Development(PUD),PMC-PL20150001668 Dear Property Owner, Please be advised that the sender has made a formal application to Collier County for approval of a minor change to the Cocohatchee Bay PUD, Ordinance 2000-88 as Amended by the Settlement Agreement and Release approved June 9, 2008, OR Book 4368 Page 2345, to remove affordable housing contribution commitments as permitted in the Land Development Code (LDC) Section 10.02.13 E.3.c. The County Commission no longer requires this type of a commitment and has instituted this process to allow property owners to remove this commitment from existing PUD's or Settlement Agreements. The affordable housing commitment in the Settlement Agreement and Release reads: 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. The commitment applies to the following described property: 532.091 acre parcel located on the northeast quadrant of Vanderbilt Drive and Wiggins Pass Road and has a small parcel that extends to U.S. 41, the property also extends west of Vanderbilt Drive in Sections 8, 15, 17 and 20,Township 48 South, Range 25 East, Collier County, Florida. The afore-cited LDC section requires an applicant to provide written notice to property owners within a prescribed distance from the subject property. You are located within the prescribed distance. If no written objection is received, the request to remove commitments will be deemed approved. If a property owner who receives notice submits a written objection within 30 days of the mailing of the notice,the matter shall be scheduled for public hearing before the Office of the Hearing Examiner. If you have an objection please send your written objections to Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com RE: Affordable Housing Commitment in Ordinance Number 2000-88, the Cocohatchee Bay Planned Unit Development(PUD), PMC-PL20150001888 July 29, 2015 Page 2 of 3 Rachel Beasley, Planner, Collier County Planning and Zoning Department, 2800 North Horseshoe Drive, Naples, Florida 34102. If you have any questions, you may call or email Rachel Beasley at 239-252-8202 or RachelBeasley@colliergov.net. Sincerely, D.Wayne Arnold,AICP c: Rachel Beasley, Planner, Collier County Planning and Zoning Department GradyMinor File RE: Affordable Housing Commitment in Ordinance Number 2000-88, the Cocohatchee Bay Planned Unit Development(PUD),PMC-PL20150001868 July 29, 2015 Page 3 of 3 lkLEE .COUNTY .w...ami ow, rw►.w bp,' v.A,,,, it,-it 111 t } 411dyt 1 COUNTY 111111111:14byk WM is �" Flt'.. at. Is ni \ IPrPROJEOT ! O n �'' , um 11QATION ' . . . . .ma. ../r,-.‘,..---ruir,ii.-azow.---------_,;. . . , . L11-Z- \•••,,,,u ,.. . ,•, c . -,. ;.-. , . \,, ler C ttr .0000,14e-_ 1 Rt s itur . outs:Imait. r ,. I ' ' -0-ii;,•• egg I . *Ng' . - • i "MI•S 22— f.::•4:,, a .., , . wmales tit ..-, • '';' ' jil , i • . �., .i11111 '� „, ' 11610110 ` 9r iiiii ........., New 011111 I Iv ,1 f MIN ,. -- -II . 14144411) t\ Vir 33 is , k LOCATION MAP • • • • • • • • • • • • ANTHONY ANGELIQUE& • SOAVE ANDREA SOAVE • SOAVE TRIDENT MANAGEMENT INVESTMENTS INC• MGMTCO.,INC • • SOAVE 'TRIDENT ENTERPRISES INVESTMENTS LLC LLC TRIDENT -ABBOTT LLC • • • LODGE/ • ABBOTT ASSO,C% • LLC • LODGE/ • ABBOTT ASSOCIATES LLC OWNERSHIP STRUCTURE • • • • • • LODGE/ABBOTT ASSOCIATES LLC • STATE. OF ORGANIZATION: Michigan • DATE OF ORGANIZATION•: February 25, 1998 COMPANY I.D. NUMBER: B26-407 (Michigan) " It M01000002423 (Florida) • I FEDERAL TAX I.D. NUMBER: 38-3397995 . ASSUMED NAME(S) : N/A NAME CHANGES: N/A QUALIFIED TO CONDUCT BUSINESS IN: Florida RESIDENT AGENT: The Corporation Company • ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms, MI 48025 ' I OFFICERS: N/A MANAGERS: Yale Levin MEMBERS AND PERCENTAGE OF OWNERSHIP: Trident-Abbott L.L.C. 96.25$ • Soave Management, Inc. 3.75% • • arr\c�eaMzao •sannuar • II ' I • SOAVE ENTERPRISES L.L.C. • STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: January 1,1998(filed 12/23/97) COMPANY LD•NUMBER: B 17-685 FEDERAL TAX I.D.NUMBER: 38-3389446 ASSUMED NAME(S): Soave Enterprises NAME CHANGES: N/A QUALIFIED TO CONDUCT BUSINESS IN: N/A RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms,MI 48025 OFFICERS: N/A MANAGERS: Soave Management,Inc. MEMBERS AND PERCENTAGE 99% OF OWNERSHIP: Anthony Soave Soave Management,Inc. 1% END OF TAX YEAR: December 31 • • nar\msnemm(sonw.m.sw4o4s3cz • SOAVE MANAGEMENT, INC.. • STATE OF INCORPORATION: Michigan I DATE OF INCORPORATION: July 27, 1995 ' CORPORATE I.D. NUMBER: 315-928 • • FEDERAL TAX I.D. NUMBER: 38-3257460 ' ASSUMED NAME(S) : N/A i NAME CHANGES: Inc. as City Environmental Services Landfill, Inc. of Haleyville; chg'd name to current name 1/12/98 • QUALIFIED TO CONDUCT - N/A BUSINESS IN: RESIDENT AGENT: . The Corporation Company ADDRESS OF 30600 Telegraph Road, Ste. 2345 ' REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: President: Anthony Soave Exec. Vice Pres. : Yale Levin • Sr. Vice Pres.: Michael L. Piesko Sr. Vice Pres.: Kathleen B. McCann Sr. Vice Pres.: Michael D. Hollerbach • Vice President: Edward R. Schonberg Secretary: Bryant M. Frank • Asst Secretary: Kathleen B. McCann Treasurer: Richard T. Brockhaus DIRECTORS: Yale Levin, Kathleen B. McCann, Michael L. . Piesko, Anthony Soave AUTHORIZED CAPITAL: 60,000 shares - common stock TOTAL SHARES ISSUED: 1,000 shares• • • SHAREHOLDERS AND PERCENTAGE OF OWNERSHIP: -Anthony Soave 100% 1,000 shares • DATE & TIME OF ANNUAL SHAREHOLDERS AND DIRECTORS MEETING: First Tuesday in June LAST ANNUAL MEETING: June 5, 2007 ' BY-LAWS ADOPTED: July 27, 1995 . DATE OF SUB-S ELECTION: July 27, 1995 • .END OF FISCAL YEAR: December 31 . • DJACCI SUMINZIa.66fn060100 ...4&60.6...a....emio, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX (239)252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sines' by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) o BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) 0 LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) Q OTHER PUD Minor Change LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Cocohatchee Bay PUD FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) See attached List STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Cocohatchee Bay PUD PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) 1 SITE DEVELOPMENT PLAN NUMBER(for existingprojects/sites only) SDP_ or AR or PL# PL2014-1382, PL2015-0420, AR-5283/2003120051A 1 :Agi,„•49011004,0. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: [} Email 0 Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239-947-1144 EmalUFax: sumpenhourc@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number See attached Folio Number Folio Number Folio Number Folio Number Folio Number I I Approved by4ADate: 7-23-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Cocohatchee Bay PUD Property ID List 00155884207 00154680004 00155920006 00156120009 00156680002 00142240003 00156400004 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001668 •I, ea W t}r t1 rrg . S est+a„b to (print name), as V (e G - Prt 51 Jit (title, if applicable)of Lodge/ADhoti Associates,LLC (company, If applicable), swear or affirm under oath,that I am the(choose one) owner]applicant ,/ contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application, and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q Grady Minor and Associates P A to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are rut?. I 4.14WI /( t 2 3/2.0 t Signature Date Ed%.r av-d (t. S c.4+on b ex-c VI;c-e-er,eg;aers+ of LodylALbo- Atssoc,ra�-es LLC STATEOFftORt AMt!t4iGiktJ COUNTY OF 64366IE11-1N AyNE The foregoing instrument was sworn to (or affirmed) and subscribed before me on '1- -2,06(date) by Eck vJatr R . SCken btr (name of person providing oath or affirmation), as Vtce. Presid►e.y4 wfo is personally known to me or who has produced (type of identification) as identification, t C STAMP/SEAL Sig ure of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF Mt COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun tpt ams ACTING IN COUNTY OE W�y^� t c'I'U)84'on-oo I 15\t 55 RUN 3/241.1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NsUMBERS(S) PL20150001668 11,WCIL1 1L• C4A,Ctt a ytce —tt�.sx�Q>e.Y!"i' (print nape),as (title, if applicable)of Lodge/Abbot' 11I s ige%t' AS10041es LA.C(company, If applicable), swear or affirm under oath, that I am the(choose one) ownerrnapplicant ncontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize O Grac y Moor am)Associates.P A - to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • if the applicant is a partnership. then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I de, re that i have read the foregoing Affidavit of Authorization and that the facts stated i I a e u (kikAAA 'SLA 2 3,-2.o I Signature Date %J1ese —PK-Si cQcutr�, 4 e(liM oo " .-I est-rweoth- P4Soc.t.4tti STATE OF r M t t-K I G A 14 COUNTY OF ttettlat WAY NE The foregoing instrument was sworn to (or affirmed) and subscribed before me on 7—d 3- 015(date) by ed►ta>,arck R. St 4 ,- o e (name of person providing oath or affirmation), as who is aersonally known to me or who has produced (type of identification)as identification. STAMP/SEAL Sign r of Notary Public MICHELE C WALKER NOTARY PUBLIC.STATE OF Mt COUNTY OF KLA MY COMM1SUSi0N EXPIREOAS JNDun 10.20 u' ACTING IN COUNTYOF .4�h� CP\08-COA-11011511 S5 REV 3/24/14 Leto: 1110111 UK: 1300 ru; LJ'tJ nc !q 120.00 CLUL TO SIl IOW UCOIDID is the OITICIAL UCOIDI of COLLIII CURT, PL cam l7,00 DIMOI ICI ITN PLO01 Oi/11/2001 at 10:4611 UNIT L DIOCL, CLIIL UT 7240 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into on this Nb,day of�,�,� , 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC("Lodge"). WITNESSETH: WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit Development ("PUD") Amendment request, a request that more specifically asked for an amendment to the PUD's Bald Eagle ►, ■ a- :•.• and WHEREAS, the PUD ' 'e'y on is also som ,. ferred to as the Cocohatchee Bay PUD;and WHEREAS, Lod: fil a . ; , ;tfo. ` � T entieth Judicial Circuit in and for Collier County, •,• : • , e ,, concerning the proposed amendment to the PUD's B: , e Management ' ":.,. ' . e . being styled Lodge Abbott•Associates,LLC v. Collier C •*•,.3. - _ i -• • - a• a CIR- WHEREAS, on or around May 1, co:, Lodge submitted a notice of claim to the County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act("Bert Harris Act"),Section 70.001 et seq.,Fla. Stat.;and WHEREAS, in accordance with Section 70.001(4Xc) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 1 2/28/08 revision Attachment B OR: 4368 PG: 2346 NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be legally bound,Lodge and the County mutually agree to the following: 1. The County and Lodge agree to adopt and incorporate the foregoing recitals, sometimes referred to as"Whereas clauses"by reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the amended PUD (attached as Exhibit "B" to the amended PUD), a phasing diagram entitled "Cocohatchee Bay Golf Course Exhi•• ; �. • • a Pathway Depiction (Exhibit 4). This Agreement ,. . .: Agrecm and Release�,� --�� y states the e deviations in development standards from the original - •• m •'s • „ ent and Release,the original PUD will control. i 1171)3. The settl • +•,.,■ • n 1 1 't site development plans ("SDPs") that Lodge has su, i • being approv-• •• 6. •ty, in accordance with the rules and regulations of the Co ,•• •,t?S. ,s ent standards set forth in the CIR original PUD and as may be varied by the express terms of this Agreement and Release. These three SDPs are identified as AR5282,AR5283 and AR5284. 4. The County will expedite the review of these three SDPs and all future building permit applications submitted by Lodge. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase wetland impact beyond the impact currently permitted by the South Florida Water Management District and the U.S.Army Corps of Engineers by more than five(5%)percent. 5. Lodge agrees to contribute$3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential 2 2/28/08 revision vr . 'Juo ru; LJ'i 1 condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth,the County shall retain the excess payment. 6. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Lodge shall contribute the sum of$3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge recognizes that the County may request additional contributions up to the proposed road impact fees due for 5. 8 • •;11r r a,:. . to assist the County in funding the U construction of the Vanderbilt P ' .. dge enhancem- -,. • such additional contributions shall be required, however un' 71r • .• • '• -, evi• -• - that all parties have spent $5,500,000.00 on the V.., , -, • ,� : , :- >> 1 ., such sums paid over the initial 3 milli 'R $ on shall - -� . . , . . Ili � :, gin this Agreement and Release, however, is intend-. "• •r shall it rests ,,..'t , the County's ability under applicable laws,ordinances or R.; •-. :• • i. 0%)of all transportation impact C ' fees upon approval of the SDPs. These -rte : a . be refunded to Lodge should Lodge be permanently prevented from commencing construction based upon actions by any governmental entity or any third party. County shall be entitled to retain these funds without any need for reimbursement upon the earlier of(I) Lodge's commencement of construction of the first tower, or(2)the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and the attachments hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sumsetting provisions within the LDC until the Effective 3 2/28/08 revision ul; YJ00 ru; LJI0 Date of this Settlement Agreement. At that point, the five year sunsetting previsions in the LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 8. As each residential condominium building receives the first certificate of occupancy or temporary certificate of occupancy,Lodge shall record restrictive covenants on one-fifth(1/5)of what is known as the GC Parcel, and when all five covenants are recorded, they will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if the golf course development area or •.• • •, . : '- ever discontinued or abandoned for L any reason, then all of the • '11.• including wi , 1-,'tation the entire golf course development area, except , , .= . 1: :,, . for th• tw (2) residential units, shall remain forever as green . . . . ~. . i i, Z y , ��.,,?� to , uses expressly allowed in P 5.3 of the .� *..-i s A '-" Ph ,. 'sites to these restrictive covenants will require a : • -, '. : 'ty vote of the : ., b . , f , Commissioners. 9. To fully •satisfy i i- c-,i_ .. . .. ,,• de walks along g adjacent off-site CIR public roads, Lodge shall construct a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan Ys adopted by the County in 2006)in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen 4 2/28/08 revision OR: 4368 PG: 2349 (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5 entitled "Amended Cocohatchee Bay Community Development Standards" of the amended PUD,and Footnote 2 thereto. 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these,a maximum of 590 units may be multi-family and constructed on the R Parcel. However,two (2)units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD,attached hereto as Exhibit 2. 12. What has been ref, -. :T=rT*;-ZJ,d R-2 Parcels shall be replaced by a ti single R parcel as set forth in . °'a PUD M:: , hed to the amended PUD. The development standards .1. .. • :. fo ■ in able II of Paragraph 3.5 of the amended PUD(except :: . ( - • "' r-, , -7. • • _. - ..ent and Release). e+. r. r 13. If there are . ' s ' c i�:„ _ B • - ; , : , :gement Plan required by federal or state agencies, County P i - e,,.,.t process shall be required. The County acknowledges that . • -+, -. : : • :. , r gement Plan is in compliance tY 8 Cl� -i S� �P with the County regulations. Lodge shall ' exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. 14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2. 5 2/28/08 revision utt: 1300 rb: c33u 15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from,or reference,relate or refer in any way,whether directly or indirectly, to the Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan or any amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle Management Plan through the date this Agreement and Release are approved and authorized by the Board for the Chairman's si_, , ,-.,r,-ai.ii _ without limitation all Bert Harris Act claims and the claim asserted , v. • o. 05-967 release shall be immediately effective upon the County' otokf 's . • 's in . . _ a ce with the terms and conditions set forth in ., : o i, et:11_,.. 2 16. In the even •. a ,,7( . .,,. • c a .. J. : . a . _-,a i wilt and Release, the County and Lodge agree to • .. cooperatively to-.'-;1 . .n • greement and Release. In this regard, the County and • • : , .. a .,-. ,a 1' a t a e parties to any such challenge CM- proceeding if one or the other of them is no named as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the amended PUD Master Plan then the County agrees to return all money provided by Lodge under this Agreement and Release upon sixty(60)days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition,if Lodge is ultimately unable to obtain 6 2/28/08 revision un; IJoo ru; 6JJ1 required federal permits for the SDPs as referenced in this document and is therefore unable to build this project(exclusive of any federal permits or approvals for docks),Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. 18. Nothing in this Agreement and Release or the settlement documents shall be construed or interpreted to confer any right to docks or any particular number of docks. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, offs :h' former employees, owners, present L and former elected or appoin -/ ' , insurers, / • and representatives, who shall '• Y.s I� 1 •1 1 1 work together in good faith I - , • . this � - I ent and Release. 20. This Agreel I I : t7 71D a I41 b the laws of the State of Florida. - 21. This Agreem.I I• • I Release may • � I I -I -3 r/ I y by a written instrument specifically referring to this 14 - • - - ted with the same formalities E CIR as this Agreement and Release. This Agreem-terand Release supersedes all prior discussions and representations and contains all agreements of the parties. 22. The Coun ty and Lod ge acknowled ge that this Agreement reement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that my exist in this Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 7 2/28/08 revision vit; '*JOO ru; 4334 23. The Effective Date of this Agreement and Release shall be the date upon which the Chairman of the Board of County Commissioners of Collier County, Florida, executes this document. 24. The County and Lodge acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of the • •i -1, .r •• • ed by the PUD and this Agreement and Release or t h e e n f o r c e a b i -• ,c o+ ,s A g r e e m e n t • I1. - -• . . Lodge affirmatively states that it is not aware of an f: • • ,1 • • . ,) .it the co, • ;on of the project as : :::thorized •d + _. :.., , :,±, '4 - T •r e enforceability of this nIU II N 25. In the event • •• h of this • =.,:, _, • I: • lease, either party to this Agreement and Release may :, . .„ , •. �,tieth Judicial Circuit in and for CIR Collier County, Florida. In this respect,the County and Lodge shall request that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's teens and award any other ancillary relief for the breach should such be necessary. • REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 8 2/28/08 revision OR: 4368 PG: 2353 ATTEST-4, ,_ ' .,. BOARD OF COUNTY COMMISSIONERS DWIGHT E.t iiROCIK,CLERK COLLIER C• , ORIDA � . Ati,,,... B By: y: _ S• A'llQ OistiiiP -I uty Jerk TOM I 1 G, 1' signature N ! , i� rJ_4 Signed Name Prin ' Name r Al - • /0. S. 1- Name •.�. ! :BOTT ASSOCIATES,LLC ,,♦ / ,,y7 ITS: i i Yt , Printed Name ved as to form cowv1 _...! if ii if r 1 e . ,‘• J -► A.KI ow *� �Q Co Atto y o� ' . C1 C� 9 2/28/08 revision %AU tJoo rv. L.1.1, L a" / 1 ORDNANCE NO.2000- OS_ o. ■ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT NT COOS,WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLL=COUNTY. FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED ESNNS,11316N.831714,11520N,AND$5205;BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM REF-3(3),A(S7),RMF-6 (ST)(3).RMF4(3).RMF-12(ST)(3).RMF 12(3),RSP-3(ST)(3), REF-4 (3), and RSF-6, TO •PUD` PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 890 RESIDENTIAL DWEI.uNG UfinS AND RECREATIONAL FACILITIES INCL.UDINO A 0017 COURSE AND CLUBHOUSE • _,: • • .r. NORTHWEST CORNER . • OF WIGG NS P :i w • Y ;L VANDERBILTDRIVE • (CR. 901) . .+ • • VAT-I.&1 TOWNSHIP 48 SOUTH. - EAST. • 1-• ;01.04., . FLORIDA. • r s: 1 ;c • . 5324 ACRES; AND • • i• 1 'c AN . 1 :v , b: L.DT.,petitioned um" :1: d.s.; ofnue l c. Imo.d�,� �d .,�,,p, /��'��. _ . Iwk NOW, 1:1 4.1 1• : BE rr ORDAINED ' t Ootsuileiaakee o)" ,t Caler County. . _ �` •--)HE o ,� The eosins , . o 4 - . - bossed in Sections Mi.16. IT aid 20.Toamabip 4$South.Rasp --- - ,•. Canny,Florida,is dinged Soon RSF-3 (3).A(ST),RIdP-6(ST)(3).RMF-6(3),RMF-12(Si)(3),RMF-12(3);-RSP-3(Si)(3),RSF-4••(3).end RSF-4,b"PUD"Pheesed Unit Development to s000.demoe with as otr�bee Bay PUD Doatmeot, snaked bleb as Exhibit "A" and inooeponead by reams basin. The Official Zoning Atlas Nape numbered 15058,IS16IN,8317N,8320N,and$5208.as described in Oidin■ -a Number 91402,the Collier Coady Laid Development Code,eat busby ansedd may. mkmmumx This Oaten:oe atoll become tattles upon MiL with the Deportment ON*. • Exhibh 1 to Settlement Agreement and Release VIC 1305 rt,; LJ33 • PASSED AND DULY ADOPTED by the Board of Cory C -- -- u.of Copier County.Placid..Wa jaaday of .2000. BOARD OF COUNTY COlinGSSIONBRS COLLIER COUNTY.FL•: •A ATTEST::, SY: • JAMBS D.CARTER.PhD..CHAIRMAN ".vdoe DWIGHT E.BROOK,Clerk Attest as to Chairman This pie fled .dlh the tta oat$. sy�+ ,an :he t�+ar d a'°Yis Approved as o �� R C Uk and :e/oe�.M ,►w, and Levi C'► ` . - _ /L . _ I/ . .-_._ • tit. . Assistant Cam A 0 -11 V L." Go " �tS' 2- tin; WOO rv; 03o COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COOOHATCHEE BAY A PLANNED UNIT DEVELAPMBM'PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE v R COUP � ■• PREPARED FOR: - LTP -~ A,L ° I r-°'� PREPARED . • ,INC.OP N :• GO DATE REVIEWED BY CCPC DATE APPROVED BY BCC /2I ORDINANCE NUMBER Zma'-dl" AMENDME NIS AND REPEAL DOCUMENT DATE 12114/00 EXHIBIT"A" OR: 4368 PG: 2357 DIREE PAGE Liu of Exhibits and Tables Q Statement of Compliance m SECTION I Property Ownership,Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course/Open Space 4.1 SECTION V C�� 5.1 SECTION VI J • , 6.1 n f THE 1 UK: lad r'; Ls35 l.ST OF EXHIBITS AND TABLES EXHIBIT°A" Planned Unit Development Master Plan EXHIBIT"B" PUD Master Plan with Eagle Zone Overlay std Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards CO 0��1 ,R Ok G 0 I'1190 ce 711E C. 1R n VA. =JVV tUs LeJJJ STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocobatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is 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 Cocohatdtee Bay Project are adequate.The Cocohatc ee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Coco>atchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi-family development. 3. The subject piopa ly's location in Madan to existing or proposed commtmity facilities and services permits the Development's rexideotial density as described in Objective 2 of the nature Land Use Element. 4. The project ' - 1:6R- oo to existing and future surrounding land r' !, -• In Policy 5.4 . �'r: Land Use Bement. 5. The property was „ , • - - ;• Process which resulted in an action - ,. , • _, •, , .'!4. - •, - Panoel I .1 p 33.37 units mid Parcni • 646.52 units Paerxl 6 n _• 3945 units • Patch 7- 69.61 access ' • ►� 208.83 writs Parcel 8 1 . • ,�, 3) - 583.80 units !12st(3) Parcel 9 1.26 acres RMF I2at(3) • 3.78 units Parcel 10 80.65 acres RMF-12st(3) • 241.95 units RMF-6st(3) TOTAL 532.09 acres - 1757.90 or 1758 units The PUD will utilize s total of 590 units on 532.09 t acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Lend Use Element of the Growth Management Plan. m vas love •w• rvv� 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge area as described in Objective 13 of the Drainer) Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15,Adequate Public Facilities.of the Collier County Land Development Code(LDC). Uti• ER CO(JRT\ C1111111111111191110 ir V tt, G0 0).T /FE (. 1R ry OR: 4368 PG: 2361 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 none of COOOHATCHEB BAY. 12 LEGAL DESCRIPTION louctE SL1 SOUTHERLY 348 FEET OF A TRACT OF LAND LYING IN SECTI ON 8,'lOWNSHIP UTH.RANGE 25 EAST,COLLIER COUNTY,FLORIDA.SAID TRACT BEING 2tIBED AS:BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT ID SECTION 8,RUN S.88°24'40 W.(SHOWN IN ERROR AS S.88°26'40"W.IN O.R. K 68,PAGE 235;OR.BOOK 87,PAGE 439 THROUGH 447;O.R.BOOK 167,PAGE .R.BOOK 218,PAGE�.�,; • • :,• CITED AS OFFICIAL RECORDS), G THE SOUTH r.:-"j • ' �:► ► _ r., LOT 4 AND THE WESTERLY ONGATION OF= i r • c r : ) 71 PBET,TO AN INTERSECTION AN A• . :,:,► c i r• ► •Y LINE AS ' ► :,► IN O.R.BOOK 87,PAGES 439 UGH 447 � • : O ► O ' BOOK 167,PAGE 692 AND O.R. 218,PA c r is rr• ? : A•, :,• : • • Y LINE IS POUND IN BOOK 68, ct: -14 ,,,r ir►� _ :' «: ARE TN BAFBLT 1HOBB IED IN A r, .l iTa• : (i ! w D :i►, O.R.BOOK 87,PAGES 439 UGH • v r'. ,r ! •,•. `i • I COUNTY,FLORIDA; THENCE UN �► .. , r• ►�;t'' UNE,POOR 300 PEET;THENCE RUN N3 , v + , -r • • SAID A r' :, r :••• �, LINE,FOR 961.43 FEET (SHOWN IN :,' ,• 961.30 FEET IN :•}I k : «■ RECORDS);THENCE RUN N.67°30'00"W. • . +► AGREED BO , r r: FOR 1397.99 FEET(SHOWN IN ERROR AS 1397 , ,r: "r I T E O• - •, ► : ••, ►:);THENCE RUN N.22°31 V0"W.,(SHO' i. " ;1•,,,,,,,�wv a '± '� , ► ' •IN THE OFFICIAL RECORDS). ALONG SAID AGREED • • `7 1-1,T.',`.\,: •• • 94472 FEET;THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 9932 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 11.(SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°+00•00"E.,FOR 815.68 PEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OP THE NORTH LINE OP SAID GOVERNMENT LOT 3;THENCE RUN N.899220"B..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 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 ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 OR: 4368 PG: 2362 PARCldi.S THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH,RANGE 25 EAST, COWER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). EMMA THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 26854 FEET)OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16,TOWNSHIP 48 SOUTH,RANGE 25 BAST, COLLIER COUNTY,FLORIDA WHICH LIES WEST OF THE RIGHT-01-WAY OP U.S. HIGHWAY 41 (ALSO KNOWN AS TAIWAN TRAIL). PAIIM7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17.TOWNSHIP 4 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,EXCEPTING QOM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF- - —I ATE ROAD S-865A(VANDERBILT DRIVE). PLUS ANY LAND • ► ' C S:!' +Y.-. : • OR REACTION,AND[BSS AND ACCEPT ANY LAND .t 4° V 1 • • !, :r'GENCE OR EROSION. PAPSZLI BEGINNING AT +: • •. I: • • - • OF , ON 17,TOWNSHIP 48 SOUTH, RANGE 25 : •a a •• .::....• • i, .89°54.20"W.,ALONG THE SO AN UM • ropol41.114 ,i r�' ��'': • /uN AGREE/ • ' _ I •! BOOK 68,PAGE 235 THROUGH 250 •: ► . %i :s.... .., -al- t:',Tit :■ RUN N.01°30'03 • s r. vi OOUTV'TY.PLORID41.7ITBNCB SAID A c" : i;44 FOR 1298.70 FEET (SHOWN IN ERR• , 1300.00 FEET, 1 _ PAGE 233 AND O.R.BOOK 167. PAGE 6 4 I:,' :i i , : CIT'ED AS 0 « . •• •'-);THENCE RUN N30°00'00'E., • t 1' CREED = • LINK,FOR 800 Fw THENCE RUN NA5°0000"W., •; v'�.t, :..,. • • •Y LINE,FOR 1480 FEW;THENCE RUN N.29•11'40"W., • a ;":11w:".. . • ► y LINE. FOR 1957.41 iBBT.TO AN INTERSECTION WrTH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17;TIIEINCE RUN N.88'24'4013.(SHOWN IN ERROR AS N •26'40'E.IN THE OFFiCUIL RECORDS).ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17;THENCE RUN S.0°27'30'11.,ALONG THE BAST LINE OF SAID SECTION 17,FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER;THENCE RUN S.0 26100' .(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 REINING;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-0A-WAY FOR STATE ROAD S-865A(VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1 1.2 uit; g3oo ru; Z303 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 OP THE SOUTHEAST 1/4 OF SECTION 17.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 1,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°06'4211,FOR 120 FEET,THENCE RUN N.89°53'I8'E..FOR 275.72 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A(VANDERBILT DRIVn THENCE RUN N.0°26'00"W.,FOR 220 FEET,TO THE POINT OF BEGINNING.PLUS ANY LAND ADDED THERM BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. EAROLI THAT PORTION OP THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OP SECTION 17, TOWNSHIP 48 SO%TIII,RANGE 25 EAST,COLLIER COUNTY,FLORIDA.DESCRIBED AS FOLLOWS:FROM A - • . -: '.1 ' AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 •icy y A . OF SAID SECTION 17,RUN N.89•40'55"E..FOR 0 .J' - ,A •- '• c: • ;TH LINE OF THE SOZTfmAST 1/4 OF THE • t OF SAID SECTION ' POINT ON THE BULKHEAD LINE AS SHOWN ON ' ' . e . RECORDED I : ► ': D LINE PLAT BOOK 1, PAGE 7.OF i,■ i:i; •• ,FLORIDA;TIC RUN ► - ► LINE;THENCE RUN S.89'40'SS"W., 1�.'. '*` 4�i t ' �'�i )IT : • LINE,TO A POINT ON THE WEST LIM ,+, WI `. .'• „i. 1/4 OF SAID SECTION 17; THENCE RUN • ' . . s ..; ;: !.; •INT OF BEGINNING.PLUS ANY LAND AD► ► THERETO BY A•«, • •A,..._L• ' (6N,AND LESS AND ACCL3P'T ANY • THBREFR•, ' : u,. • :, : OR EROSION. FARCEUR 1044V BEGINNING AT THE ► JJi F °• L ,• • SECTION 20,TOWNSHIP 4 SOUTH, RANOB 25 E A S T, •• 1:0 „r s• . = . ' I s A,RUN N.89•52'20"W.,ALONG THE SOUTH LINE OF SAID SECTION 20,FOR 2053.75 FEET;THENCE RUN N.00'14w00"W. FOR 1698.91 FEET;THENCE RUN N.54•47'52"W.,FOR 399.32 FEET,TO AN INTERSECIION 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.799 740"E.,ALONG SAID AGREED BOUNDARY LINE,POR 69.60 FEET;THENCE RUN NA2°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• 0"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;THENCE RUN N.18°44•30"W.,ALONG SAID AGREED BOUNDARY LINE FOR 88703 FEET.THENCE RUN N.05°3710"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 1.3 VC 'tJ00 ru; WWI 1 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 REL ICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-ORWAY OF STATE ROADS 5-865 A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-846(ALSO KNOW AS BLUEBQL AVENUE). AND LESS AND ACCEPT 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 MB PUBLIC RECORDS OF COWER 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 ADD - 1�i._ .' .,«: N./19°52'20"W.ALONG THE SOUTINSRLY LINE OF SAID LAT 4, ; r''S .,: • 3 ,4 ,� - :I: TO THE SOUTHWEST CORNER OF SAID LOT 4,THE ': • THE `• •'4 ak CORNER OF LOT 10,BLOCK l OF SAID WIGGINS P : 1 • 1 • UNIT NO. • 1 6: N.89°5720'W.,ALONG THE S O U T H E R L Y 1 1: • V. ‘ c L p 11141101 c UNIT NO.1 A DISTANCE OF 1400.65 FEET • I: '- : s .ti •• S`1 • • WIGGINS PASS LANDINGS UNIT NO.1; 1 • 'v 1 ' -f 1 Y 1ANE OF SAID WIGGINS PASS i• 1 1- !� • , « •'''• -vu,- i- :1: .THENCE N.34•2&15"E., ALONG SAM j: t� ,`, '!"' ,: •8 FEET TO A POINT ON THE • fI�'• : t •!lilt NORTHERLY ' ,.- UNIT NO.1;THENCE N.87°48'00"8 c SAID NORTHERL, 1 • ONCE OF 1481.48 FRITTOTHE Nownigar •.1 campy 3, : • •. -'; • i i i c c l I PASS LANDINGS UNIT NO 1:TIMMS S.+.441, : A DIST «: • FEET TO THE NORTHWEST CORNER OF LOT 1, +/• w OF SAID ' ' c I ASS LANDINGS UNIT NO.1; THENCE N.17•48b0" 1. •, ,' .•. . -0� ��` TO THE NORTHEAST CORNER OF SAID LOT 1;THENCE ' .•tl.,�r :47*'• GTE EASTERLY LINE OF SAID WIGGI NS PASS LANDINGS UNIT NO.1,A DISTANCE OP 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1,BLOCK l 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.0212001B.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 PUBUC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELUCTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 OR: 4368 PG: 2365 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 NA2°1200"W.,ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET;THENCE S.87°48'00"W1.,A DISTANCE 1 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 TUB POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE S.8T4800"W.• A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT I; THENCE NA2°1200"W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3,OF SAID WIGGINS PASS LANDINGS UNIT I;THENCE S.87'48V0"W.ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 1481.48 FEET;THENCE S.34°26'1S"W.ALONG ME NORTHWESTERLY LINE •,- =r- "► c,• ' PASS LANDINGS,UNIT NO.1,A DISTANCE OF 439.48 i, Y CORNER OF TRACT B, BAKER-CARROLL ;i 7 :, . ••4 0 I e� :�r L I- T THEREOF RECORDED IN PLAT BOOK 8,PAGE • •t r I: :•• 'i ••• i:� COUNTY,FLORIDA; T H E N C E N.5 4' •t�r• . c 9.1: I: I /1 OF SAID BAKER-CARROL POINT,A DEIST «: • • •+ • i : ' r• WITH AN AGREED BOUNDARY 11 �• {�'�" r �;:v :MB�O�Or�Ky68.AT PAGEESp2p3SS THROUGH 1 •• ! �•a' 1'�I„°I I:1• COUNTY, ■RENCCH N.79617110"B.. ' ' ' c �i i ,"�r-i_ "r...ice'► ' r: A DISTANCE OF 69.60 FEET; THBNal N 4- " ., 1 • t • ,;Ti r :r,j,,,,.ARY LIN&A DISTANCE OF 1417.66 MT: ':vii` : N.27°1520"W., � y��c. 4 r�l1• • :,�. BOUNDARY LINE A DISTANCE OF 61 ' i ,THENCE N . ' *r DISTANCE OF 2472.71 FEET TO A POINT ON THE r Y RIGHT-OF W 4. OF SAID VANDERBILT DRIVE THENCE S.0?1 :, '-+ t 1• 9•:°6 -T—• ' r : A DISTANCE OF 1373.11 FENT; THENCE S.0292'00'11. `-• t, .,r► ' - .. LINEA DISTANCE OF667.03FBBT TO THE POINT OF : :'c + r , :. ••NTAINS 100 ACRES,MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA i A. The Project site Is bordered on the West by the Delenor Wiggins State Part and Barefoot Beach County Park,on the East by Tarpon Cove PUD and Wiggins Bay PUD,on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning clasdRauion of the project prior to approval of this PUD document was RSR3(3),RSF-3ST(3),RSF-4,RSF-4(3),RMR 12ST(3),RMF-12(3), RMR6 ST(3), RMF-6(3),and A-ST. 1.5 OR: 4368 PG: 2366 1 1s EntarailenNQUELIQM A. The Project lies within South Florida Water Management District No.6. Drainage from the property will discharge into Coc oI atchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stammer runoff to wetland alas in an attempt to snits in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 1 l feet above mean ones level. Most of the area,however,falls within the 10'to 11'foot elevation category. The site lies within Flood Zone AB(EL 11')and AB(EL 12')according to Firm Maps 120067-0191D,0187D,and 189D,dated June 3,1986. D. Soil types within the Project include Kai fine sand(approximately 5011),Cypress Swamp(may 48%)and Charlotte fine sand(approximately 2%). Soil duaracterisdcs were derived from the Soil Sway of Collier County,Florida,issued by the U.S.Deportment of Agriculture (Soil Conservation Service)in Mach,1954 *�� R CQUk?' Li ., 1 I..ti ► ;.k. 'old.f.. The C000lnatchiee * golf-, . ,,,,. , with a maximum of 590 &Anna unite. 7„..74,.-; !' E� . ` clubhouse,maintenance lid, Caddie gums. = '`, ��• ! - , whh the dwdligg units, ResdmtW and - . . , . wits one another in a na nd loft — ► ,, ��►� ~ rA l "i," and buffering and 1.7 Minim n p ,S.G This Ordinance shalt be . , f'. " ` ! , - •• ••HATCHER ER BAY PLANNED UMT DEVELOPMENT ORDINANCE" 1.6 OR: 4368 PG: 2367 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances,the respective land uses of the tracts included is the Project,as well as other project relationships. 2.2 GENERAL A. Development of C ocohatchee Bay shall be is accordance with the contents of the Phoned Unit Development document and applicable sections of the Collier County Lard Development Code and Growth Management Plan in effect at the time of issuance of any development enter,such as,but not limited to,Final Subdivision Plat,Final Site Development Plan,Excavation Amok,and Preliminary Work Authorization.to which such regulations relate: .4' • Onions fail to provide developmental wndaeth, then the , . • , . , .. • ' . ,ri, .R. :. in the County Lend Development Code shall apply. (JV 1' . G B. Unless . definitions of al shall be the sane as the definitions set f o r t h in . . •`- -i. . ;• • in effect at the tome of building C. Ali . . r(1 VIII -. depicdng r�esnictions for the ►!''�� ±'; . �Ir -• _p�of the regulations which govern .. . - in which the • • y '-�. eloped. D. Unless .. . .-, or=mined by . • ,•,the provisions of the LDC,whence applicable, -. face and , . - -- to the development of the land which comprises • E 1Rc.� E. Development permitted by the approval of this Petition will be subject to a conanrrency review under the provisions of Division 3.15,Adequate Public Facilities,of the LDC at the earliest or next to occur of either final SDP approval,final plat approval,or building paten k issuance applicable to this Development. 2.1 OR: 4368 PG: 2368 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan,including land uses for the various tracts,is illustrated by Exhibit"A,"the PUD 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 aid the assignment of dwelling units thereto shall be determined at the time of detailed site development pig or pig. B. The final size of the remotion and open space lends will depend en the actual requirements for water management facilities,golf course layout,roadway pattern,and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I - ACRES Residendsl"RI" - 4o 44.00 +,l- Residential"R2" + 9.70 +/- p 11( Golf Course"CC" ) - 170.39+/- Open Space 7Y, WA - ' .0 308.00 +/- (Preserve,Lakes and - ) t.. 590 Total 53209+1-acres TAE C'1I&C 2.4 RELATED PROJECT PLAN APPR• AL REQUIREMIENIB A. Prior to the recording of a Record Plat,and/or Condominium Plat for all or pest of the PUD,final plans for all required improvements shall receive approval of the approparials Collier County govemnai agency to ensure compliance with the PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. Exhibit"A,"the PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or conaur+ent with PUD approval,a preliminary subdivision plat,if applicable,shall be submitted for the entire area covered by the PUD Masser Plan. Any division of property and the development of the land shall be in compliance with Division 32 of the Collier County Land Development C ode,and the platting laws of the State of Florida. 2.2 VA: YJUO ru. LJU7 C. The provisions of Division 3.3 of the Collier County Land Development Code,when applicable.shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or panel approved for residential development conternpladng fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requitements of Division 32 of the Collier County Land Development Code prior to the submittal of 000antction plans and a final plat for any portion of the tract or pinta E. Utility,road,public and private easements shall be established as required during the SDP and/or plat approval process. F Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenetoe of the common facilities. 2.6 MODEL HOMES/SAGES I - ••f. ` 00 L Model homes.sake , 1 . other uses , k4L- tt. . related to the pry motion and sale atrial estate such as,but -• to,pavilions, •,'i' . ,, gazebos,parting=as,tents,and signs,shall be • t, , . . • , ,• , , t ,, ., . •,, - gay PUD,subject to the requirements of , •. Development Code and all other aPPl - r • ! '' _' 'I, , final plat approval as provided in said Section 2• � lip ?r6 1:r ) , 1 A ~ t 1 � ► I` t . 1:�` _. . , I f •:. • PLAN Amendments may • , . to the PUD as . , , .- Land Development Code,Section 2.7.3 Cotntty r. 2.7 ASSOCIATION OF •, • •', • S COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners'Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those area not maintained by the Master Association,the Developer has caseated a property owners'association(s),or condominium association(s),whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners'association,as applicable,shall be responsible for the operation, • maintenance,and ma atge'nent of the surface water and stormwater management systems.and reserves serving the Cocohatchee Bay PUD,together with any applicable permits front the Florida Department of Environmental Protection,U.S.Army Corps of Engineers,and South Florida Water Management District. 2.3 ux: iala ru: L3►u 2.$ DESIGN GUIDELINES AND STANDARDS The Collier County Plumed Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning,design and development of relatively large tracts of land under unified ownership or control,as set forth in the Collier County Land Development Code,Section 2.2.20.2.3. The Applicant hes not set"stages"for the development of the property. Since the property is to be developed over an estimated ten(10)year time period,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. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocoluitchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically put of the conunon infrastructum 410 , , ' , .. , 'ty facilities. A. General ,• .,(► R 1' 1. j' 1 County Land Development Cacti, 2. —11AP:14.IFth‘ 4. ' lakes with . .440 ardnitexatni or structural bank S. c ": coalrol structures. 6. Community and neighborhood puts,recreational facilities,community centers. 7. Temporary construction,sales,and admiudatralive offices for the Developer and the Developer's authorized contractors and consultants,including necessary access ways,parking areas and related uses. 8. Landscape features including.but not limited to,landscape buffers,berms,knees and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in name with the foregoing uses and which the Pleating Services Department Director determines to be compatible. 2.4 ua; YJvo rv. 4J u B. Development Standards: Unless otherwise set forth in this document,the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road-Fifteen feet(IS') except for guardhouses,gatehouses,and access control structures which shall have no requited setback. 2. Setback from exterior property lines-One half(1P2)the height of the structure, minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping-Five feet(5'). 4. Minimum distance between unrelated structures-Ten feet(10'). 5. Mini mumYMR" ti 6. Mini" „R. . parcel area- 7. S ''0'. ,. -1„ . . - .1, . within used ho of req •, - er shall be increased "- ,,, i .-of the sidewalk,bikep th,or a. telka-1 . other land uses where such are not specified . � - , accordance with the Collier County . . Code in - '--`- of Site Development Plan Approval. 0A' A. \ \ 2.10 OPEN SPACES REQ ,1', CjRC The PUD Master Plan identifies approximately 483 acres included in the Recreation,Golf Course,LndscapelOpen Space,Lakes and Preserve District designations. These areas equine to approximately 91 peteent of the Project and dally satisfy the open space of Section 2.6.32 of the Collier County Land Development Code. 211 NATIVE VEGETATION RETENTION REQUIREl4BNTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be Pte- 2.5 v•11. •vtv • v• IOW it • 2.12 LANDSCAPING REQUIREMENTS A. A perimeter been shall be constructed in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrub shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat,and shall not require:mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet(35')shall be developed along the Vanderbilt Drive r buffer on the west side of Vanderbilt Drive shall include . - R'. . _. - the view of high rise residential structures ! from Vandab n /I o L OpT HE r 11 cC�� 2.6 UK: 43130 rb: L313 SECTION III RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development stauda ds for the residential development tracts designated on Exhibit"A,"the PUD Master Plan as"RI"and ..R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09+/-acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areal designated as"gr and •= 41:/„,._ Plan are designed to accommodate bash-rise ,:fit► � adult living facilities. seudaattitl dwd��,, � ,, ,, •��, , compatible 4 4 • , • - ', ?� full range of� fadliies,essential services,and i customary accessory The approximate are C►i y; 4 the • IM These acrages are based on consepand '-' ''' ;;i -, tracts will be provided at tba 4 - " ' Ir: M'I r • • .'vision Phu approvals in accadaoce with " 6:7 c!,. tine Collier Count Land Development a. , •ir`' area`_ internal roadways,open found spices.perks and , anus.Mu and Igo facilities,and other similar MN A 3.4 USES PERMItITED o fi T CL\� A. Ppal uses �I� L 1 1. Multiple-family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Sesvian Department Director determines to be compatible in the"R1"and"R2"Districts. 3.1 OR: 4368 PG: 2314 B. AGEISMCLUSIll 1. Uses and suuctuus customarily associated with principal uses permitted. 2. Recreational uses arch as,but not limited to clubhouse,fitness caws,,health spa, tennis coact.,swimming pools or similar recreational uses. 3. Any other accessory use which is compatible is nature with the rowing uses and which the Planning Services Department Director determines to be • compatible in the"RI"and"R2"Districts. 3.5 DEVELOPMENT STANDARDS A. Table I sett forth due , - for land uses within the"R"Residential Districts. v‘VR COQ ,V O. Standards for . , . - , signs , , , land uses where such standards nos not . -• -- !or within the , -• , . - • ' ° are to be in accordance with Collier 171-1117", ,, , , „ in - - . st ,, time of Sire Development Plan aPPro'vv. �� r. - , -, 1„ .. , ; , , and floor ems standards any .t C. O f moessed aisles drivew , are seperate Gam . , ,, - -more then one dswiopment. A green • of not less than tea - O as measured horn pavement edge to . any , •. ,rw7 veway from any abutting road. D In the event the in the area between �>�rob Tarpon coves and M�'., of 30 patent of the multiple family housing shall be offered to -. -- the golf course with purchase price or rental rates 000aieteat with traditionally accepted housing cops to income ratios. 3.2 UK: 4310 ?(i: X31) COCORATCHEE MY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE I • DEVELOPMENT STANDARDS "Rl" "R?' RIGS-IIISE M1LTMIAMILY Mold-Family Drwigys Mb>4tnm Lot Area WA 1 Aas Miai-n—Lot Width WA WA Re■t Yard-Internal Road 't 0.3 MI that less 0.3 BH not lass than 23 hat that 23 test 0.5 DH not less 03 BH not less Indadkii Parking Structure flan 25 kat duo 23 feet !rant Yard-Vanderbilt Drive BH WA Mat Yard-Aoommry Indy 50 WA SW Yard 0.5 MI 15 _ law Yard Prlaep al 0.5 BH 15 ' Roar Yard Aoeasory tilt S l0 ,•~ I Madam Bldg . $ 20 r- 33 height .Diana 03 OGS an nest fast y �-+!5� drag IS feat Ilsor Anla ..i::.�1iia wi�:��i>•tei�:rw';aill 1200 SP (. ! IL MP in ( Weak BuNdleg jaiIks.laIon be Ibe waical A mos � alr asrsma ddr B 0is•diad4 Hrie • �"_`! dtwo edjrpsr tuba. . et diremai4 anboak_Ales ile. Op AS domes an in No mew etbwales nom& 711[7: R - �t 9 Rsu Inds AA be aaseeed as teams: A. If do pared la meal by a public rfgMvFw y.aedteek 1e seemed lion the e41eoere rlgbedrway Iles. B. I f the pawl b seed b y a pima toed,s a d a k le sewed dear In beak daub Of a a b e d)et Op Ape ma(W NI curbed). .3 Sending MsngY Re Ike erne*property Nee aglow a Mb/altars Se In MI"am doll be 13 seals Alta—elann bit of 100 Awn. '3 M m NNW web• emus a ddle aael drone as ogled.skewed at Mew fss one amber.sad walls we not paalld New esmdMw Ike srtbaobs tan be adelniseadvely wdeced. 3.3 OR: 4368 PG: 2376 SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to ant forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas,golf course and reeesdotal facilities. Except in areas authorized for Developments all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or steuete e,or part thereof,shall be erected,altered or used,or land or water used. i in whole or in pan,for other than the following: A. Piamitted N) "�A I. Golf•. . '! , golf club radii, -, • ,. -quarters.clubhouse,guest suites.i end . : golf clubhouses. 2. Pro - ,� . ON Cil I . _ •eaeeotial —.t._ '""�� '. and ponds,water and treatment Plus. ties and pump buildings,utility and , . • staff offices. • 4. Any . .‘11)1tk, —, use which is ...►�'. in nature with the foregoing uses and which the ,r, N_ - ', �► ° . . determines to be compatible. B. Permitted Accessory Uses , •k l 1. Accessory uses and structures customarily associated with the principal uses pennitted in this District. 2. Pro-shops,practice area:and ranges,golf cart barns,rest rooms,shelters,snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel,mach as,but not limited to,golf,tennis,and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 VA. YJUO rU. 4.11 5. Shuffleboard courts.tennis courts. health spas,swimming pools,and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as,but not limited to,boardwalks,nature trails.bikeways,landscape nurseries,gazebos,boat and canoe docks,fishing piers, picnic areas,fitness trails end shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet(20')from Golf Coupe District boundaries and private roads,and twenty-five feet(25')from all PUD boundaries. B. Accessory structures ,fit.. it �, N� .,,,, , . of ten feet(10')from Oolf Coarse District .• A'` t(20')from all PUD boundaries and reaidemial , 0 C. Lighting ^ ,- v,- will protect roadways and j residential - ""' .s interference. D. . ,- - , . ,r I. af2o . 2. - • ' . -. - - . , r or t ., height of 15 feet. E. Minimum • t between principal ?, feet(lO'). F. Patting for the , I. , ; be throe spaces per ev every one thousand (1,000)square feet . ?!! * ,�r'7sshall be considered inclusive of the rewind golf course packing.prov •` 7, -• . and recreational facilities are private. otherwise,applicable provisions of the Land Development Code shall apply. G. The golf coarse maintenance building shall be located a minimum of 1750 linear feet west of U.S.41. 11. Standards for parking,landscape,signs and other land uses where such standards ere not specified herein,ace to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated. required yards,heights,and floor area standards apply to principal structures. 4.2 VAS 'IJ00 TV. LJ 10 SECTION V PRESERVE"P"DISTRICT S.I PURPOSE The purpose of this Section is to identify permitted uses and development standards for am within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Mess designated at Preserve on the Master Plan are designed to accommodate a MI range of conservation and limited water management uses and functions. The primacy purpose of die Preserve District 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 Cocohatcboe Bay Community residents.• Li USES PERMITTED NER Gpt jk No building or r -• shalt be - -' , tared or used,or land used.In whole or in part,for other . A. Principal «►albs. r 11L ILO IrL 2. 3. Golf - ' are pemiaed in - - "- outside the limits of the bald eagle ' • 4. Wildlife , - E C..� C.�� IR 5. Pathways and or bridges. 6. Recreational shelters,in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 un; YJ00 ru: LJ I J 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.3.47.3.of the Collier County Land Development Code,as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary cinch protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration,including accessory structures,fill placement, grading,plant alteration or removal,or shriller activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the jetsam boundary. B. Maximum height of structures-Twenty-five feet(25'). C. Minimum distance between principal structures-Ten feet(10'). D. Minimum distance between accessory stnrcttmes-Five feet(5'). E. Standards for parking,landscaping,signs and other land uses where such standards am not specified herein are with the Collier County Land Development Code in effect at ,,EL;," . `7'1• '�� Plan approval. Unless otherwise indicated, -. - << ,. , -glue,and • . apply to principal structures. 5.5 PRESERVED 5 „,, , ,, Tie a �: A non-exclusive ,r, County Land Development Code,Section 3 i `r""/ 7, in , -)'` ! - In addition to Collier ��,,a , . , _. .� , _ , ,t ,,. �; .a,aimed by other nay agencies with•, • t over Preserve ' , . • to complying with provisions of the Collier . . Development ,,'�►` shall be provided in accordance with the tams act f 4...0 applicable permit agencies. The Developer,its successor(s)or amigos, , ^ :', Master • . .*4rodncr, 'Association shall be responsible for control and , ., . .- . +' M District. 5.2 Ult; 1300 ra: L30U SECTION VI GENERAL DEVELOPMENT COMMITMENTS fI PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed is strict accordance with final site development plans,final subdivision plats,and all applicable State and local laws,codes,and regulation applicable to this PUD. Except where specifically noted or stated otherwise,the standards and spoufiateas of the Land Development Code,Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer,his successor and assigns,shall be responsible for the commitments outlined hi this document. The Developer,his successor o,.�r � 1 . + • the Master Plan and the regulations of the PUD as adopted,and any ' `* t 1, ,.• . as may be agreed to is the ratadng of the property. In • • •:� • or T•• • , tide,is bound by the commitments within this -• N 6.3 PUD MASTER A. Exhibit" t rifir.117-- • . , development and is a had the i .�• � be sewed, dmiag the plattigg or site • ,• plan approval • • ':�_ • <~ the provisions of Section 2.73.5. of the Land - Cbde, ' ' _ ' be made from due to time.is B. AS necessary - 1. -•, • , • ,, -. . shall be grafted to mom tie continued • • •,....1' !� _- • . ., • ' - •- utilities and all comma areas in the Project. C. The following shall be considered minor changes and refinements,subject to the limitations of PUD,Section 6.3A: 1. Raooafguradon of preserve aras,jurisdictional wetland limits,and mitigation features as a result of emikonmentel regulatory agency review,as long as the changes do not carne additional impacts to protected species or habitat. 2. Reconfiguration of lakes,ponds,canals,or other wager management facilities where such dames are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 ---t - — VA. 'IJUO ru. &JOI 4. Internal realignment of rights-of-way other than a relocation of access points 10 the PUD. 5. Reconfiguration of residential parcels when there is no enavadunax hate preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. initiation of construction on the Cocoiaichee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar yew 2000,and we expected to be concluded in calendar year 2010. B. Monitoring Repot: An amend monitoring report shall be submitted pursuant to Section 2.7.34.of the Collier County Land Development Code. G The Coeohatdee Bay PUD shall be subject to the Sunset Provisions of Section 2.73.4 of the •..•+';"S -•, • • • A1 63 POLLING PLACES . Pursuant to - i• • • 1,,F I F 1 • . , - • shall be made for the future use of • . '•••• a -• •• the -of accommodating the tousled of an electoral • • .nimo An siggegmg , am,� ;;; - of the Gaut Court of Collier County.which • te7 • • • any - interest that acquire owoersldp of such oommon but not limited , amociadons,homeowners' a socilions.that facilities may .T electoral polling place if examined to be necessary by • Blectlors. 6.6 SUBDIVISION RIM I 1 ,I 4'4 ' : '! DESIGN SUBSITIVITONS A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17.of the LDC. Due to the environmental issues on this Project impact are to be minimized. B. Private street shall conform with the right-of-way width requirements of Subsection 3.2.8.416.5.of the WC except as follows: 1. Cal•de-sacs and local streets lass than one thousand feet(1,000')in length an required to have a minimum fifty foot(50')right-of-way width and two tea foot (10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other ail-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 requited by Subsection 3.2.8.4.165. 6.2 OR: 4368 PG: 2382 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 of the Land Development Code. 4. Street grades may exceed four percent(4%)under Subsection 3.2.8.4.16.14.of the Land Development Code provided that applicable Florida Department of Transportation,Manual of Uniform Minimum Standards(FDOT MUMS)and AASHTO cciterla are met. S. LDC Subaec tian 3.2.8.3.19.:The standard that street name mariners shall be approved by the Development Services Director and conform with the Plaids Department of Transportation Federal Highway Adtniniwadm Manual on Uniform Traffic Control Devices are waived. The requirements for sweet pavement painting,striping and reflective edging of the main road system will be waived. Traffic circulation sipage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8» The minimum bade of curb radii for inland roads shall be 30 feet • .. ,;` ..-. ., of both entrance road intersections which shall be 40 feet. ,0,1, •tie 6.7 TRANSPORTA1 + C) A. The • ;� - toward the capital costs of any traffic *'"" • by the County Enflineer- mainnrined r u meet eet lighting g at all Project accesses � � ` for a building accessed from a Project B. The • - that Collier County • the right to disallow developer iaprovements �,�1, Livingston Road,watt Wiggins Pass Road rights-of- ,;� - with or nepdvely japed public roadway,drainage,or • as part of future fouraaning construction. C. The Developer shall provide additional right-of-way in fee simple title.when aeoesse y, along the PUD frontage to Vanderbilt rive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for Impact fee credits for public roadway,drainage,and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. 6.3 UK: g3oo rv; L303 D. The Developer Ball provide additional right-of-way in foe simple title,when necessary, along Vanderbih Drive and Wiggins Pass Road at all proposed and authorized sooess points wherein right turn lanes for development purposes am 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. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary,along the PUD footage to Wiggins Pas Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final far-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along Wiggins Pus Road shall be dedicated and conveyed to Collier County without consideration for impact fee reedits for public roadway,drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. F. The Developer t '� • -way in fee simple title,when necessary, along the PUD' . . fort' ' est Livingston Road between Vanderbilt U.S.41. The V' r - • diregdy to the north old*PUD has . _. * , _ , along • ,, - property line for the flame East/West � k - • right . story the notdnetn property lira for Pupae i1� `1 r lljw�l 14 lltl al" , . the County. Such required Cotmty far public roadway, drainage, . 77' --111, '‘ •. , shall compensate the '`.!►. . on "ilrhss°land appraisals of the fair value . value prior to ,, . The right-of-way conveyance shall occur a t ', _� - - sated by the -, ' . G G. The Developer •k - ' and pay , -. toad improvements to Vanderbilt Drive that will �s(this includes turn lanes and other improvements such as' t7 la'. - - improvements are anode prior to the construction of the County's Vanderbilt Drive feu-lane expansion project,the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall inciada the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project,the Developer shall pay all design and constrnadon costs related to access for the Project. 6.4 UK: CAA rti: LJOI H. The Developer shall mat the stormwater attenuation and water quality Requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stonuwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 1675'right-of-way reservation. I. The Developer shall design noise mitlgatlon/ nt systems in accordance with the Collier County Land Development Code. • I. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pao Road precedes the development of this Project's access to Vanderbilt Drive.the Developer shall bear the Ball cost for the access and approp*iate turn lanes. U UTILTTIBS The development of this PUD Mader Plan shall be subject to and governed by the following conditions: %Vt. CQti• A. Water divari, , J .• -:• , 4 , ,, , , , , lines to suave the Project ire to be designed. . ' conveyed,aad/er . , , maintained in accordance with Collier , . • •;';�,;r;�z o.97-17 , -, , _, , other applicable County rules and negulat'. ^�'�� B. All 1"' 7 sewage collection facitifks b be .• . '. , � a►,'ri' _t4,41' r be billed by the County m C. The on-si dhoribntion system y,, , 01 - .jecx must be connected to the District's -„ and must be . - +•!the mien sizing requirements specified in the County'V rw ,- Plan , , throughout the Project. During design of these facili ies. f be incorporated into the disc ibudon system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phew of the Project. 6.5 i OR: 4368 PG: 2385 D. A water distribution system shall be constructed throughout the project 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 easement as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Watanewer 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,his assigns or successors. E. All construction plans and technical specifications and proposed plats,if applicable,for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted sights-of-way or within utility easements as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Water/Sewer ' - - • w• •,operation and maintenance. All sewer facilities • 1`I ' not required by the County to be located within utility y ,• • be • • -• 7'!"-!" - and maintained by the Developer,his assigns or G. All 1• proposed plats,if applicable,for the 1 1 y' -1 prior of t } fit, :5" L i% 6.6 un; '13OO rv; &JOo 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting dull be in accordance with the Stab of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation alas shall be designated as cornervatiodpaervation bets or easemems on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes.Buffers sod setback' shall be in accordance with 3.2.8.4 7.3.of the Collier County Land Development Code. C. Buffers mound preserved jurisdictional wetlands shall be in madame with the Stale of Florida Bnvimomental Resource Permit Rules. Preserved jurisdictional wetlands and surormding buffers . • ;r, .•. in Conservation Areas which shall be platted. D. An exotic ., • ., . .. . , , , , - (exotic-free)plan for the site, ',, '+'• , `� ,shall be submitted to Canes with ,�1� ,..:,�;,c°�dva�°°�.�, �, "� Planing - prior to final site B. Peti;, , '44 `'1,1r,,,, T _ , , ,, , ;. , of the U.S.Fish and ii- -1 �r Wildly _ ' , ' . ifs Conservation Commission Wildlife ''`..41;‘ . • i1it� iii . .,� to.i r"« . i - species. e protected loik species -' on site,a H •_1:_ �" Plan for those protected species dull be • " "-, i . ' ' Services -•i • , 7 review and approval prior to final site p ' .. . ' .! ' approval. A Bald • ,-• • Plan and a OopherTornoise Management ,�,+�► ._ ,t.,. „ ' F. Any amendment so the ; ••C t Plan shall require review of the Environmental Advisory Council or any successor body. 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 coven of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 VA. 'tJVU (U. LJO C. The Developer,its successors and assigns,shall be required to satisfy the requirements of all applicable County cadina ces or codes in effect prior to or concurrent with any subsequent development order relating to this site,including She Development Plans and any other application that will result in the issuance of a final or local development cider. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1.of the Land Development Code,if.during the coarse of she 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 .. . -,. •--,, -, Department contacted. y0. RCoU� 6.13 ACCESSORY ' ' 0 y� • .. �.� Accessory . , - - r,R , -, y , or following the consented=of the principal ,, walks.marketing facilities. contractors � ?I..i1..► ►.'�`' ' rA - - . and utilised the of "',al., .,,, ,!1!r •,, shall be removed upon completion Project 'of ,' �w11►.,-! i'-,7 7 aura t , ' am aoaeWOry to. 71-1E C IRCU i 1 I 1 6.8 ux: 4soo ru: 006 6.14 SIGNS 1. A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. 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. 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. D. All signs shall be located so as not to cause sight distance problems. 7- 111111066.filinl A. Two(2) 'i , , ,", . 40 square fat each or one(1)sign with a 440. •'1 square - ! ' permitted at each entrance to the Or \ B. -, 11 -�t!t! g -, (IS)feet above the lowest :::110_ {C. , , • manner which into t the e -1- , • . , '= �g the adjacent streets or going 1- 3. eject °�7 cal. CIE C iR A. Project signs,designed to promote the Cocohatchec Bay Project,or any major use within the Project shall be permitted along the east aide of CR 901,the math aide of CR 888,the south aide of Livingston Road&te sion and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty(20)feet above tbs finished ground level of the sign site nor may the overall area of**sign face exceed one hundred(100)square feet. 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 located along the Livingston Road Extension frontage.and one(1)shall be located along the CR 888 frontage. ; 6.9 VA. ZJYO ( 3. &J07 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. SAS LANDSCAPING FOR OFF-STREICT PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. CM PROVISION FOR OFF-SITE REMOVAL OF EARTOI 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 Land Development C ode. If it Is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus auction material,than its off-site disposal is also hereby permitted subject to the following conditions: A. • - ER"' —.... *het, defirdtiom of a" ,� � � "development v to Division Lad Development Code whereby COu off -,. be limited to , (to a maxim of 20,000 cubic ,, -•^."+ ,-, ,,, ° c immervial cxCavadon p.rmit is B. • ,,r.C.0, *It.- ,Yr ,� -�r 0 4/E C.i' I 6.10 . . II \\ 0000 1 P. I \tq A 1 2 4 iI 1 E fis 44•:••iii:: : :•••. `�•i•;:••r•b r:iii ri r• •y , • b• er •• •:r ' • . .:•::::..%•:::•:•::::::::::::::.:::::::..:- : +` �- Yr /'- gl:Vi•'i i i•• • •i •!•;•t.•ti. .'S• '.•rMr:r.'•• •r4$0.:1:::::•••:. U• • ::;:::::,:y.-.... r:.P.. ‘yot .. ....... . giniiiiiii::::::::::::::::::::::syir vinvia.k r.��.��.�• :�era::�•:�:� L i %.it . - iti,rviv, % if- 1111/11 , lisi op ".-v2117,..t*A41 ! Rill .1--/ • a 1114 -�� , � III , • ~� I ri I 0 i 4 EXHIBIT "A " =y-� t �' MD MASTER PLAN AM 011-21-02 MMUS'NO» 10205 SAY I C.ONDI'1701h ,'r;,�I� ..... WAIL- Nil Ad0 Na 4010!-Pteli UK: 4ibU ru: li i . , 1 O ® ©ss, •1 11 1 il i u :41 ! Ili 1,t; 1 ... 1 g .0 A .....::::::::::::::::::p.:::::::... . • .. . • ::..:::::::::::*::::::i:::::::?:•::.:4::: , . iii ...0.:::::4:::::::::. :a• ..:. ,..„ A, •>,,,,,, 0.:-.:.::.:,.:,•4:', ,,,. ,..., c. •:: •••.�•i:••':••; .:.gii•I ':.1 :, .44.:< •ri4___. ••::•. :: ..:.r0 ��}(( ,rt i..r� fit ikk.;0:::::::.. ....:::::::: ::::.:::.:::.. por.t -:<.:::.4::::::::::::::::::x:::: ::::::*iii:i...., ovi .::::.: •. - 1 itaik:::::::::::::::::::::f:::::::::::0:-..:. , c *? :it::::::.,:::;*:*::::::::::::::::::1/1" voiG1116111ii 1 ,../...i.ali / q K:o.:::::::::::::.2m.x:::" .::::::::::::.:::...: ....._ , witi.....wp ...721'r2".7,=iiiii. 1 1 11... 11.:::;. r''� II, r t 3t4 x 41 t.=,j., `.•:i , ,V9: tXA 'IIi 0/, ,.. -J _- .,44.>,‘V \ iti gni ,, ,,,.t.. '4- ' • -----.- Ili I F ilal 0 II i s ;11 "411(-;z EXHIBIT "B" 4 QOCOHATCffii SAY t Du1 AVE a1-2.,00 Maus NI: eons !UD ASTE!lLAN < I I ) swat "•"�MM. +eEr. r r-os.a� his i�tiLi l70PR OWF»<A w.s Minim w MOW =LE Att.& AGD f . 41011105441010. OR: 4368 PG: 2392 Bald SffM COCOHATC EE Sections 8,18.17.8 20.Towns Terrell hip & E•Coeur 4.0 Bald Eagle atallasetus Ntecoc phalue Nucoogples/us) 4.1 Occurrence on Site An active bald eagle neat is located on the sits on the west aids of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records,the site has been active for at least the last 7 years with nest being constructed in two different trees.The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had akeady fallen. The parent birds fledged and two young during the survey period.The enest is located g in a in dead and tepidly deteriorating Slash Pine tree on the western pardon of the woody. The tree is located between a small eawgrass marsh area and the bay forest/mangrove swamp.The birds have an open view to the water over the • • 1 - • • - to the west. Almost all of the established .' ' !-' 4,l, and Vanderbilt Drive have dad, �y due .i 1 `= • .. _ :4t,' ' . . • _ several years ago so the birds •• - relatively , • -7.,,;,. of Vanderbilt Drive. Due to the • . .. ., it is not -, • - a l: a . , the eagles will continue to use I •• - of �! -' at the most. It is more �y the tree supporting the �ti 4' ii( � �',,� •1 • _ . where the all;? `� `M'�► eaplod by to .• • g1; • observations were made • • . ./�+ - • •77, flight patterns and feeding r • • • the nest. - • • - - ,�'" showed that flights into and r were ' ' and south vYest from the out D# 1 : • • �• 1�► nest tree - other deed • s'' 7:-.- the nest served as perches for the •:. ' • ,, • the effort was made by the want bi 0 to the existing marina early in the '99-400 Beason, � • ",7 4' _„1„17-''',.:r ` � ■', were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tell a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or oh. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and twills. Thus nests must provide prey opportunities in the vicinity, good visiblity and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 8 feet t i I vii; 1000 rv; LJyJ Ball Ba k Habitat=most HEE Sections 8,16,17.&20,Township 48 8,Flange 26 E.Collar County. Tuns.&Associates.Inc.August 2000 across and 6-8 feet deep,lined with soft materials. Most commonly, living One or cypress trees we chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 8 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree,diurnal perch sibs are an important part of the eagle's territory, when, during the non-nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is = , • and how well the bird can see it,thus perch sues are ,• '- , • • by an open area such as river or lake banks. 0�, ,Asa top . • . build up of contaminants in the , - �� y affected by the use of the • , n •) A L 2 . SUCOeaa by . � � � oahosrrrs.�+� �:�� T ' arc on-going . . . ,f'T • !�7^fit . { t I . . • has been shown to lead 1. 7 i J temporal isolation from the nest • feeding areas -.7-71•1"" of species management [plans. Given the . � • f• • • 1' �� , success of the sagas, an overview . _ • •R . • = project site will allow continued h a b i t a t i o n is • ' ; •' . 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the she conditions or management techniques change to allow it. It should be noted that and a existing flight paths are far treater area preserve extends from the nest dtree the west. . keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters. 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. 2 vii; IfJ00 ru; LJY't evil Eagle Hallet CCIL Pisa ICHEE Sections 8.18.17,a 20.Tawrohip 48 8,Range 25 E.Corot County. Tune&Assodares,Inc.Aupwt 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone,except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proodmal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development.logging or mining should occur within this zone. The site plan for the golf course as proposed projects kilo the 750 foot primary zone to the east of the nest tree. It Is not anticipated that this will adversely affect the eagles because of the existing ciroumstsnoss of the site. There are no adding Vying trees within this aroa and the birds currently have a relatively unobstructed view of Vanderbilt Drive.The golf course would remove some of the dead snags left in the area but observations over ., • have shown that these snags we not utilized by the 'r'f . Also, flight paths into and out of the . . in • • direction and not over the area . . . . . . . !�T impacted. A ,.. M+;` will be planted - and .t : - to block views and sounds of the . . 401,6 • would result in a buffer of : '. A buffer of 760'wand be igOlt 4 nest, and no impacts are iisr.4.0, ...16_ , disturbance , r � �" Gulf of&Sadao. To - �. period, a during buffer .' 1500' in -': . � . . and nhakhttlrhed site .. I` activities. No .. fr"''' activities will take place within the 1. , s , .4,, during the , . . . which nuns from October 1 thmiqh May TEL C 1RC. incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appredatlon of the system as they progress through the course. The eagle will be highlgtnted at the and conservation status. status. wish details on the species biology, ecology 3 I I va: 'Jvo ru. La7j STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT H. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-88 Which was adopted :- 144r.- A • 1,unty Commissioners on the 12th day of Deco • 000, during r Session. WITNESS my . an. t. - • cial seal of the Board of County Coemissione s C. 1 e Tr da this 15tfi: da of December, 2000. c-' _ _ rrS> -. O 11\ -.. TErL C H.l3 � B BROCx -' of Courts and ClEtk 8x-officio to Board of . : • County Commissioners By: Ellie Hoffman, .....,, Deputy Clerk OR: 44b# PG: 2396 FT- . COCOHATC E BAY f A PANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AM=MASTER PLAN GOVERNING COOOHA11L7LILI3 BAY A PLANNED I UNIT DEVELOPMENT T PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE € I� �o x- T P • I:,• . n, ,...,,.i.., • n C•P_ • C-.' PREPARED : To- PUS,IINc OP •• , [k 1 1 1' +1 J t l' ''`!‘q4),::*)r 1 .; DATE MEWED WED BY CCPC DATE APPROVED BY BCC 1211AO . ORDINANCE NUMBER ZAK AMENDMENTS AND REPEAL 1 DOCUMENT DATE 12/14 TED .SOOR ' , • ".iv' • BOW 2/28/05 revision b SsUirosat Apart and Reims • 1 I± vii 11.300 113; LJ7 i it F I INDEX PAGE List of Exhibits and Table II Statement of Compliance IQ • SECTION I Property Ownership,Lo l Deaonipdion and Short Tide 1.1 SECTION D Project Development 2.1 SECTION III Reaidendal Development Arse 3.1 SECTION N Golf . 4 ,14-11, • 4.1 SECTION V . . " - , Ni._‘1 5.1 SECTION VI c .. 73 l"."7 .,. , , 6.1 r i () C 0 PV 1 f..., . ,__, . . ._., , ... . .„4, _ ..0 . w..., c.) „.„. ,,,, 1 TIIE C%RCSV I 2/18108 revision I i I. ...t ._ ._. _._. _ . . __ . . ... UK: AMU rG: 1398 1 i I, maw"A" Modal Planned Unit Development Mailer Plan EXHMIT 13" Illasidestufflaweliabileglognewity.se*es II BallilseleafwagmeatrPhr- COMIlliallaraiilLSIKOMBIlialgiedingssaag SIT"C' kiiiiIIMILAIMIMEIIiiilakra TABLE I Land - _ ' ou TABIB II . - 4!.' ,• , 3mudeeda r:: a,, ., TABIB III k.,. , . , - .. :Ilk -Premily n 0 t_ v [- \\\■\ ,,.. lIEC1. U 2/211/08:evasion i I UK; 'h300 rb; £3 . I' . sFATSl1ENT of COMPLUANCK ! The development of approximately 532.09*acres of property in Collier County as a Phoned Unit Development(PUD)to be known as C000hmclue Bay PUD will be in complienoe with the goals, objectives and polidee of Collier County as set faith in the Collier County (huwth Management Phu. Caccilmtchee Bay is a mixed use residential golf coarse community and will be consistent with the applicable dements of the Copier County Growth Management Plan for the following reasons: 1. Traffic ways,utilities,and other public facilities necematy to serve the Cocohaachee Bay Project are'dogma. The C000hatchee Bay Project will parddpame in the expand=of existing public facilities to the extent of its impact an those facilities via payment of impact fees. 2. The Cocohmchee Bay Ptoject snow land `-7 a tta�odition ssea which includes bun-rise tesideotW 7 ' development, and .^ the P4mre L®d - =i�� 4. The project 0 -•L:.•" <�;,:. 1._ and ' Use existing haute surwamding land i. ' of ,7-617.777 7 . : . 5. The prop0lt)/was . `��► d�g the . . �-' .�l�f.r1 P"DCeee which tauh0d in an action establishing • , ,, and , I Parcel l- 11. , - 1 • 3337 units Panel S- 161.61 - - !!'-- is 646.32 units Parcel 6- 13.15 was RSP-4(3) It 39.45 units Paces 7- 69.61 acres RSP-3st(3) El 20823 units RSP-3(3) ) ) Parcel 8 194.60 acres RMF.12(3) • 583.80 wits RMRl2st(3) Parcel 9 1.26 acres RMP.l2st(3) - 3.78 units Parcel 10 80.65 was RMF-12st(3) a 241.95 units RMF-6N(3) TOTAL 532.09 acres a 1757.90 or 1758 units pI 4/28108 revision I utt. 24Ua rat- sIMO The PUD will utilise a total of 590 omits on 532.09*acres for a gross density of 1.11 dwelliop per acre. This aadcn mice the Led use and density consistent with the Done Lod Use Menem of the Growth Management Plan. 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Lend Use 7. The project Development will result Lae efficient and eoommical allocatloe of community facilities and services r required in Policies 3.12 and 3.11.of the Future Land Use Menem. 8. The project Development L plumed to protect the functioning of natural drainage features and n mar groundwater agnifer recharge areas as described in Objective 1.5 of the Drainage Sub-Eiemeat ride Public Facilities Element. 9. All final local development orders for this Project are subject to Dividest8T46r Adequate Adtlislasililbsrmf the Collier,r-` - _ Cods(), any of which is .. terms sod coodifions arq sic (7„ VIP IE C1R IV ?IZ810e revision _ • - UK: iJbb PG: Z4U1 SECTION I PROPS TY OWNERSHIP ft GENERAL DzscaurrioN L1 PURPOSE The purpose of this Section is to set forth the location and ownee6ip of the prepay,and to describe the existing=Widow of the property proposed to be dewioped ender the project name of COCOHATCHEE BAY. . 1.2 LEGAL DESCRIPTION MOM THE SOUTHERLY 548 FEET OP A TRACT CF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COWER COUNTY,FLORIDA, SAID TRACT BEING DESCRMED AS:BBOOIINING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,SAID •I•,. RUN S.88•24'40"W.(SHOWN IN ERROR AS S.88•26'40°W. IN O - • • • 235; O.R. BOOK 87, PAGE 439 THROUGH 447; 0.R.4 ..• . - • • BOOK 218, PAGE 484; HEREINAFTER • * « : .• 4., • '• THE SOUTH UNE OF SAID • • r� ,i• THE : OLONGATION OF SAID SOUTH LD � • ""` • ,. • WEB AN AGREED BOUNDARY - • •• • i, • •,• . :, c •*s 439 THROUGH 447 (SURVEYORS ��`�`` �► ( • ; ( c i•�►il�-•ir 218,PAGE 484 ,' : .! : •' j Y U NE IS FOUND i 4 O.R. BooK 68, , •: :,_.�` . • ' «: mum EFhBI,T THOSE : • :,•VA LATER :•4.1: �,`: OF ./1.;47 �, I O.R.BOOK 87, PAGES 439 447), OF ! � '' •. OF • COLLIER COUNTY, " • ' i• I «: RUN N + •� '• SAID BOUNDARY LIlNE, FOR 300 ' :�:4 ) . «: RUN N + + ., ALONG SAID AGREED BOUNDARY U NE, '•, x. 1 a• • AS 961.30 FEET IN TAB OFFICIAL RECORDS) . :'.. •. _ . . III ALONG SAID AGREED BOUNDARY L NE.FOR 1397.991MBT(SHOWN IN ERROR AS 1397.01 PEST IN THE OFFICIAL RECORDS);THENCE RUN N.22•31004W.,(SHOWN Di ERROR AS N.22'30V006W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 PEET,TO AN INTERSECTION WITH THE WHSTBRLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8;THENCE RUN N:0•08'531E.(SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.S9•00000"1.,FOR 815:68 FEET,TO AN INTERSECTION WIlTH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89•1210"E, ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,FOR 1907.82 PEET,TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3.THENCE RUN S.00•23'10"1.,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 PEST, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED 1.1 •• 2/28.08 envision 4JVY ay. bzV.. T^ THERETO BY ACCRETION OR RELICTlON. AND LESS AND ACCI3PT ANY LAND LOST THEREIROM BY SUMAERGENCB OR EROSION. rancid THE NORTHWEST 1/4 OF SECIICN 16 IN TOWNSHIP 48 SOUTH. RANGE 25 EAST. COQ COUNTY. FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). nicaiii THAT PART OF THE NORTHERLY ONE-FIFTH(BHINO MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEE!) OF THE NORTH 1/2 OP THE NORTHEAST 1/4 OF SECTION 14 TOWNSHIP 48 SOUTIL RANGE 25 BAST, COWER COUNTY, FLORIDA WHICH LIES WEST OP THE RIGHT-OF-WAY OP V.S.HIGHWAY 41(ALSO KNOWN AS TAMIAMI TRA1.). MIMI THE EAST 1/2 OF THE • .,41,;, :4 CO • 17,TOWNSHIP 48 mum RANGE 25 EAST, •• ,� �• • , + -• CEPT NG THEREFROM THE SOUTHEAST 1/4 •JL ,: SOUTHEAST • I: NOR'T'HEAST 1/4 AND EX�C�BFTTIpN�O� P •; •,1: RIGHT-OF- • • STATE �yROAD /�S-865A (VANDERBILT $ .` •• , '• •:r :l. ■1:' • • o f ACCREI ON O R R E U C T I O N, 1, :-` ,.• 't.•:'4 . ,1 1' LOST THEREFROM BY SUB. 1 •, «: • •1 7I'. f . IL t MEW BEGINNING AT 1 SOUTHEAST •' i:‘ •, + v • 17. TOWNSHIP 48 SOUTH, RANGE ' : , COWER •' -; 4 - 7.;--`•'1•A, RUN N.89•54'20"W., ALONG THE • ,;,4•' : OF SAID ' :' -., • ' 2839.52 FEET TO AN INTERSECTION • �! ; :':.• : • •1 1: AS RECORDED IN O.R. BOOK 68, PAM 233 + + , .., • • : RECORDS OF COLTR COUNTY, FLORIDA; .17 `�. . i' E i 1• : ALONG SAID ADD BOUNDARY Lam„FOR 1298.70 - = (SHOWN IN ERROR AS 1300.00 FEET,iN O.R.BOOK 68,PAGE 233 AND O.R.BOOK 167,PAGE 642 HEREINAFTER OM AS OFFICIAL RECORDS); THENCE RUN N.30'0000"E.. ALONG SAID AGREED BOUNDARY LINE. FOR 800 FEET;THENCE RUN N.03 0000"W., ALONG SAID AGREED BOUNDARY LINE„ FOR 1480 PERT; THENCE RUN N.29•11'i0"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 PST, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OP THE NORTH LINE OF SAiD SECTION 17; THENCE RUN N.88'24'4013. (SHOWN IN ERROR AS • N.88•26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FUEL TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN 3.0•2790"8., ALONG THE BAST LINE OP SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE BAST QUARTER CORNER;THENCE RUN S.0•2600"B.(SHOWN IN ERROR AS S.O'26'o0'W.IN THE OFFICIAL RECORDS),ALONG THB EAST LINE OP SAID SECTION 17, FOR 2584.65 FEET TO THE PODVT OF BEGINNING; EXCEF1TNO 1.2 218108 revision , 41 —�--- --- uA. 4.)oa ruL' ; uj II THEREFROM(1)THE BAST 112 OF THE NORTHEAST 1/4,(2)THE NORTHEAST 1/4 OP 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 LOICE TZNG MB RIGHT-OP-WAY POR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUIIIEAST 114 OP THE SOUTHEAST 14 OP THE SOUTHEAST 1/4 OF SECTION 17, TOE 48 SOUTH. RANGE 25 BAST, DESCRIBED AS POILOWS: PROM THE NORTHEAST CORM OP THE SOUTHEAST 1/4 OP TEES SOUTHEAST 1/4 OP THE SOITrABAST 1M OP SECTION 17. RUN S.89•5318•W. FOR 30 PEET,TO THE POINT OP BEGINNING;THENCE RUN S.89•5318•W., POR 186.65 PEET, TO A POINT 014 BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD UNE PLAT BOOK 1, PAGE 7,OP THE PUBLIC RECORDS OP COWER COUNTY,PL ORIDA;THENCE RUN S.414'11'031.FOR 133.10 FEET,ALONG SAID BULKHEAD U NE;THENCE RUN S.0•014211.,FOR 120 FEET,THENCE RUN N.89•53'18‘,POR 275.72 PERT, TO A POINT ON THE WEST EX ETT-OP-WAY LINE OP STATE ROAD S-$65A (VANDERBILT DRIVE): THENCE RUN N.0•26600"W., FOR 220 PEET, TO THE POINT OP BEGINNING. PLUS • ADDED THERETO BY ACCRETION OR R&1Cr1OE4. AND :Y'r,` i'• `•• LAND LOST THEREFROM BY SUBMEROENCE OR :, •0 •'. • THAT PORTION ', 1:rirrn * , • -THE ;4.6• ,�' :1: 1/4 OP SECTION COUNTY FLORIDA. DBSC2 fflU) iii � W. BEGINNING AT THE NORTHWEST .. ,k OF e": 1-3100•Ii*t,7 , ` • .1: 1/4 OF SOLD SECTION �f �...•' • '•[. � .�:• � , a: , ALrO1+1�0 THE Nam I�NE OF THE '4 r ' : 114 OF THE .• . : r OP SAID SECTION 17, TO A POINT BULKHEAD• k'2�"j;: , �' `��', ON PLAT THEREOF RECORDED IN B+1,.,� i • LINE PLAT ,' ,,i�� AGE 7, OF THE PUBLIC RECORDS OF •• -1•'1 , FLORID -tom ' •: RUN N.0•26U0�'W., FOR 100 HEM ALON0 S ,14 :; •i`" t : •. RUN S.89'40'55"W., FOR 560.23 FEET,ALONG I• :'T,1 •:``r•TO A POINT ON MB WEST LINE• OF THE NORTHEAST 1/4 OF :+. SOUTHEAST 1/4 OP SAID SECTION 17; THENCE RUN SA•25'41"B., FOR 100.00 lEET, TO THE POINT OP BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCIION, AND I LESS AND ACCEPT ANY LAND LAST THE1Rffi'ROM BY SUBMERGENCE OR EROSION. ridiggai BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COWER COUNTY, FLORIDA, RUN N.89•5220"W., ALONG THE SOUTH LINE OP SAID SECTION 20,FOR 2053.75 PBETT;THENCE RUN N.00•1410"W.POR 1698.91 FE8r;THENCE RUN N.34•47'52•W.,FOR 399.32 PERT, TO AN INTERSECTION WTH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN N.79•17'101B., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 PEE T; THENCE RUN 1.3 2128108 revision . . N 02•59'30"W. ALONG SAID AGREED BOUNDARY LZNiE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 PEET III O.R. BOOK 611, PAGE 235); THENiCE RUN N27•1520'W.,ALONG SAID AGREED BOUNDARY L NE FOR 705.31 FEET; THENCE RUN N.18•4430"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.031PEET,THENCE RUN N.051137'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 39334 FEET, TO AN INTERSECTION WIrE THE NORTH LONE OP 1 SECTION 20; THENCE RUN S.89•5430"E., ALONiG SAID NORTH LUNE FOR i 283932 FEET,TO THE NORTHEAST CORNER OF SAID=nom 20; THENCE RUN SA2'1700"E.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 527724 MET N O.R.BOOK 68,PAGE 235)TO THE IKEN'T OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RBL1CTLON, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. • AND LESS AND •« ',jjjjs446; * AY OF STATE ROADS 5-865 A r (ALSO KNOWN AS (ALSO KNOW AS BLUEBI L A :, ill AND LESS AND .• 4dpfro, «: I,1.1" .9 •1• r r : « iii PROPERTY: ALL OF • li T mamma TO THE PLAT 1: Sr•, 1r i . . 4 1 AT PAGE 81 OF THE :'.•r r:► 1",. ■ :.� .. • 1, r PUBLIC ' AILOF WK3tIQT$ PASS 1 I t: i1 NO.1 ••• ': u :: t! THEREOF RECORDED IN PLAT BOOK -V PAGE 44, OF T'' " •• r OF COL I R COUNTY,FLORID ,t MORE P -- 5; :, « 1: r AS RELOWS: . BEGINNING AT 1: ,41��. •• i:, • `T•' 4 OF SAID WIGGINS PASS LANDINGS UNIT •�h i4,1• -+ .■` • N.89•52120W. ALONG THE SOtTT118RLY LINE OF ',.t2 i (1,, 1: ANCE OF 39996 non TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOtTISIBAST CORNER OF LOT 10,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89'5220"W., ALONG THE SOUTHERLY UNE OP SAID WIGGINS PASS LANiDINGS UNIT NO.1 A DISTANCE OP 1400.65 PEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.i; THENCE NA0•14'00"W.,ALONG THE WESTERLY LINE OP SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 HEM THENCE N.34'2615 E., ALONG SAID WESTERLY LINE,A DISTANCE OF 43938 FEET TO A POINT ON THE NORTHERLY LEE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87•48'+0013. ALONG SAID NORTHERLY Li413 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.02'12O0"3.A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT I, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.87•48•0013.A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNiER OF SAiD LOT 1; THENCE 1.4 VMS S revidao . 1 UK: , I 5.02.12100'8.ALONG THE EASTERLY LINE CF SAID WIOCIDiS 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; TIMNCE 5.0292100'E. ALONG TAB EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO:l ADDITION,A DISTANCE OF 1209.93 FEET TO TAB POINT OF BEGINNING. PARCEL CONTAINS 8836 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,ACCORDING TO TAB PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF DOLLAR COUNTY.FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELiCT1ON, AND LESS AND ACCT ANY LAND LOST ITIERERLOM.BY SUBMERGENCE OR EROSION AND LESS AND EXCEPT THE •- • A+. • DESCRIBED REAL PROPERTY: R Co A PORTION OF LAND 4 ;•:.. '' A`OF SECrLON 20,TOWNSHIP 48 SOIT IL RANGE •4 i • - :• ,-4, «,'T' FLORIDA. BEING MORE P A R T I C U L A R L Y • :Y« 4 I):I• .1: . si r.:. .: i COlrlmigNCDNO ir� ` :z.! «••, .�:, • �: BoungsA3T 1/4 OF EASTERLY UNE OF SAID : . :I: ie. *1 , ' ,:, «: 8 4su 7►qA DISTANCE OF I , :..'R •?�r 74 wow* • 5 4, :. , yf-ORWAY LI E OF V 1• :' �r T DRIVE, A 11 ►► • • ' • -0E-WAY AND THE NORTHEAST /,..c1,,,,,,,, ` ' «. OF LOT l • « .t.- • "4;04;, PASS ! NIO:1. ,� LANDINGS, UNIT ««• •,, cis PLAT .1 :.•: •• 4' :,• DI PLAT BOOICIQ.AT ' v PAGE 44, OP THE , ,�; - «• •; OF «• - ,---' COUNTY, FLORIDA, THE SAME BEING THE ' •~• j- c' ' : c � : PARCEL OP LAND HEN DESCRY; mows S. ,�`i ,- '1 ) ONCE OP 200.00 PEET TO THE NORTHWEST CORNER OF SAID LOFT;TIMM N.02.12100r'W.A DISTANCE OF 163.77 FBSP TO THE NORTHEAST CORNER OP LOT 3. BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE 8.87•48100"W. ALONG THE NORTHERLY LINE OF SAID WIGGINGS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; Tim S.34•2615•W. ALONG THE ; NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT 140.1, A DISTANCE OF 43948 FRET TO TAB NORTHEASTERLY CORNER OF TRACT B. BAi ER-CARROLL POINT, ACCORDING TO THE PLAT moms RECORDED . IN PLAT BOOK 8,PAGE 42,OF THE PUBLIC RECORDS OF COLOR COUNTY, FLORIDA; THENCE N.54•47'S2"W., ALONG THE NORTHERLY LINE OP SAID BAKER-CARROL POINT,A DISTANCE OF 399.32 paw,,TO AN INTERSECTION WITH AN ADD BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 TROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THEWS N.79•17101B., ALONG SAID AMMO I BOUNDARY LINE,A DISTANCE OF 69.60 FEET;THENCE N.0T930•W.,ALONG 1.5 2/18/08 revision — 1 f ' SAID MEWED BOUNDARY LINE, A DISTANCE OF 1417.66 PET; 111ENCE N.27•1520"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OP 616.67 FEET;THENCE N.874800'E.,A DISTANCE OF 2472.71 PERT TO A POINT ON TEE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBIL.T DRIVE; 'IoNCE S.ID'122Y2513.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 PEST; THENCE Sr02'1r00'B. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 IrBET TO TIRE POINT OF BEGINNING, PARCEL.CONTAINS 100 ACRES, MORE OR LESS. L3 PITY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF Y AREA A. The Project site is bordered on the West by the Delmer Wiggins Storer Park a d Barefoot Beach County • - by Tarpon Cove PUD and Maine Bay • PUD,on the South - ,, the Meth by Arbor lltaoe PUD and the Rearrest PUD. „A.) B. The sonic i „ the project prior . , of this PUD domnamt was RSP-3 '+ K •&l - , - 12ST(3), RMF 12 (3), Rh1146 1: . ‘11101 rip(fil . Ls ,60 4 7 w • A. The . . J wlt6fo South , '� District No. 6. .� DIY - property will • •• _. B. Water for the ' "'"`�' mid constructed in order to �,,� • j! wetlnsd areas in an attempt to mkt in the ressmatiou =s , and pmaerve area. C. Elevations within the Projoct site omge from 1.5 to 11 feet above mean sea level. Most of**sore,bowevor,6Us within the 10'to 11'loot elevation category. The site Ws within Flood Zone AB(EL 11')and AE(EL 12')aoacotlhrp to Piro Maps 120067-0191D,0187D.and 189D,dated June 3, 19S6. D. Soil types within the Puled include IVri fine sand(approximately 50%),Cypress Swamp (approo.imsaely 48%)and a mloi a tine sand(approximessly 2%). Soil whom derived from the Soil Survey of Collier COWtty, Florida, • issued by the U.S. Departaaert of Apiathure (Soil Conservation Service) in lima, 1954. 1.6 2128108 revision Vii• ZHVV V• Y&vi ESQLECEDSENECION • r ' Li The Cocobsicbee Bay PUD is a asideat i and golf coupe community with a maim= of 590 dwelling mots. Reaatiooal facilities inclnd■g a golf cowne, clubhouse, malamutes facility, caddie quarters, and guest sides will be provided in conjunction with the dwelling units. Residential and reaatiooal land uses are designed to be harmonious with one another In a natural seeing by using common arehitectaeat themes, - g and and open 1.7 laWILMIA This Ordinnce shall be known and died as the War=COOOHATCHBB BAY PLANNED uNrr DEVELOPMENT ORDINANCE." OVA CO CIIII0 11!! II1111191; c(.? 411F. C\\'� c iR. • • 1.7 2/28106 revision tilt: food rte: [4tJo T—' I • SECTION II isomer DEVELOPMENT • 2.1 PURPOSE The purpose of this Section is to generally describe the Ptojeot plan of development, • udationships to applicable Comity ordi mma. t e respective land uses of the tracts • included in the Project,as well as other project reLdomhips. 2.2 GENKEAL A. Development of Cocohatchee Baer shell be in semidries with the comets of the AnitudgUlemed Unit DevdoPment document,iblisskarouitaummuod and applicable section of the Collier County Lend Development Code and Growth Maaagemertt Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Pinal Site Development • . Permit, and Preliminary work Authorization, so « • Whore these rep lotions tail to in the its!✓ •y.• d me most similar diet B. Unless . . ~ of all ' - ,, . ' '. � shall be the same as the �, ' �'. �, r Code in diem at the time of .. �' ,. y r C. All .. , ,, , !APP , s.V Maas for the , ,_, , of tie , -, . shall became part of the regulations . pwem the manner Sv -� • ` i ' site may be developed. D. Unless :S,i. -. or excepted by o ,. the paoviaion of the LDC. wines applicable. . ' , I • - : with respect to the development of the Lod which -, .. B. Development permitted by the approval of this Petition will be subject to a coocmrmcy review under the provisions of Pisilideerof the LDC at the earliest or next to occur of either film SDP approval, final plat approval,or building permit issuance applicable to this Development. 23 DIIN(RUITION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan,including hand uses for die various tracts, is illustrated by Exhibit"A,"the Amegild PUD Master Plan. The natme and extent of laid uses within the Project me hrdicand on Tale L The specific location and size of individual tracts and the assignment of dwelling units thereto shell be determined at the time of detailed site development planning or platting. I 2.1 ?!? n revision 1 " wu tau ft: PIO r B. The find size of the eeaeadon and open space Lords will depend on the actual eegidesaaaab for war mamSemeet facilities,golf course layout,roadway pawn, and dwelling mk size and configuration. COCORA1' " BAY LAND USE SUMMARY TABLE I MaligailegRALVIZINKEMMAX M Residential"R&" SqQ 41G 1310 44,00-4/- Residential 4112” 4►7R fI V3 ( 16U Golf C.ourze'YiC" G08' it 1/ , 10039 4I- O SW* - 3011.00 44- (Pectoral,Runes and . , ; et T. 532.09 4,!-saes F- ►�___IN It- 2.4 RELATED .I 1 , APPROVAL .s ' I 4 - ,I a = A. Prior to the _ ( ;, Condominium Plat for all or part of the PUD,Seal plans for all .. isipeavements shall reunion approval of the apleopdate Collier County pavnrznaent d aSeney to etuatne compliance with the emeodod PUD Master Plan, the Collier County Snbdi h�ia. Code, and the . piattini laws ado State of Florida. B. Wad Exhibit "A," the Amid PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or cone uneot with PUD approval, a paiint ►subdivision plat.if applicable. shall be submitted for the entire area covered by the Moded PUD Maim Plea Any division of property and the development of the land shall be in oempiianoe with Divisian.2 .of the Collier County Ltd Development Code,and the platting laws of the State of Florida. C. The provisions of Division-9U-e4 the Collier County Land Development Code, when applicable,shall apply to the development of all platted tracts or parcels of 2.2 2/2&06 revision 1 OR: 43bi PG: 2410 , '' '----'—"—T he as provided in lboSsoljageggramajbmigsgamSida uld D'nvi.iss pion 10 the iesisice of a building penult or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of lard for each dwelling mit shall be rued to submit and receive approval of a Prelimiasey Subdiviaioo Plat in ooeformimce with the requnemeats ef Diviuietala of the Collier County Land Development Code prior to the submittal of oonetrmaiou pies and a final plat for any portion of the tract or parcel. B. Utility,road,public and private essessesta shall be eatebiished as required during the SDP aodfor plat approval prom. P. Appropriate hate amts will be provided at the dm* of i t ne impoveme arts rsprding dedication. and the method for providing perpetual mainteoaioe of the comma facilities: 2.5 MODE[.ROMS I BALMS . • • Malec homes, sales • ,1 other use and related to the panned=and sale of real estate but not limned t , . , •� viewing platform.. gazebos, parking nom, • _ ,, • uses throughout the Co°°hatahas Bay a o, - �' ---'..c.., - 4- Collier County Lead ' Sahara facilities will be permitted P :kir I Iv/ Curlier Carpi Led• — ,... lii 16 AMENDMENTS 0 . 0 ■ DOCUMENT $ .•,7,, • ,, , PLAN Amendments may • ,. the PUD as in the Collier Comity Land Deveiopment •• , '4-iamegpr 2.7 ASSOCIATION OF ,0 , OWNERS FOR COMMON AREA MAINTENANCE Common area maiateaaaoe will be provided by the Master Property Owrhsrs'Association. The Association is a legitho to dtaraative for the thinly aid sustained provision of quality common area infrastructure sad meisteaaare under the tarns and coaditiaes of County development approval. Per those mess not mainlined by the Maw Association. tie Developer has sealed a propiAy owners' association(s). or coidoa m association(s),whose functions shall include provision for the perpinal maintenance of common facilities and open spares. The Maaer or the property owners' association,as applicable,shall be responsible for die operation,mhdotpeaooe, and management of the surface water and slonnwater management system,and menus serving the C000hatchee Bay PUD, together with any applicable permits from the Beside Dimmest of Bnviroameital Protection, U.S. Army Corps of Engineers, and South Ptadda Water Management District. 23 2/2A/08 revision " __Cgl l L DESIGN GOMM=AND STANDARDS The Collier County Planted Unit Devdopmem District is inteeded to encamp • innemuity, innovation and imegiastion in the pluming, design and development of relatively large tracts of laid order unified ownership or control, as set forth in the Collier County Land Dsvdapment Codorilessienaanaga. The Applic' his not set "stages" for the development of the property. Since the property is to be developed over ai eitiosled ern(10)year time period,my projection of project development cm be to mots this an Mill based on meat midoetiog knowledge. The estimate may, of mums, chugs depeadiog upon future economic fences. 23 GENERAL 1!UM ITBD USES Certain uses shall be considered uses throughout the Cocohatchee gay Community PUD except in i . pewtitled uses no those uses which generally servo .typically � . ,2-1;:`,wo � ! ! mad are' cannon* A. General ' 1. 1)-7- Land De elop ment %ICJ A_ _ 2. w , _ faciliYR - 3. T treatment .1 P" 4. Lakes _- . other smchiteaorai or structural S. orses,gatehouses,and access control aes. ' ggnomes.s 6. Comnamity aid neighborhood perks, rsaestional fadlities, community COMM 7. Temporary construction, sales, ad adrninktritivs offices for the Developer and the Developer's adrhoriied contractors and eowohaste, including necessary access ways,parking meat and re'hled uses. 8. Landscape frames including,but not limited to,landscape buffers,berms. I fences aid walls which shall be in a000adsaee with the Collier County . Lend Development Cods in effect at the time permits me segoestsd minas otherwise specified herein. i 2.4 2/28/08 revision UK: 4.104 9. Any other use which is comparable in assure with the foregoing uses and which tbs Planning services Depareenam Director determines to be B. Development Standards: Unless otheewrise set forth in this doormat,the following development standrds shall apply to strut ewer. I. Setback from back of cash or edge of pavement of any rod-Fifteen feet (15') except for gerdbonaes, gatehouses. and access control structures which shell have no requited setback. 2. Setback from exterior peopenty lines - One half (U2) the height of the stcumue,minimum of twenty feet(20'). 3. Minimum distance balm structmts wilds ale pact of en arditemterslly unified 4. ,�� - -'Ilee feet(ttY). S. 7. S II( 4 , within Casty required however tie width 'I buffer shall be increased 1 to the width of la - -of the sidewvalk,bikepath,Igar or 7 ft. • steads lied other land osss when sock standeeds sae * .j 4 14.1 t4 be in accedence with the Collier County , , , , - in effect t the thus of Site Developmcnt Approval.Plan 210 OPEN SPACES tiIZQUIEEMEN 'S The A1111i LAUD Master Plan twisty ltl C�ode.�spa0e a Seeder S the Collier County Land i Development 2.11 NATIVE VEGETATION ZBTleNIriON REQUIE10111INIS Twenty P (25%)of the viable mmry functioning native natation on she 2.5 2/21 OS revision _— UK: 4 tbb YU: 141J 232 LANDSOLPING kEQUIIIIM IN A. A perimeter berm shall be coostmated in con formsooa with 8sstis 4eltbe Land Developsneat Code. • 1. 1 ess and shrubs shell be planted along the bees of the beam so as to visually soften the appliance of the sided the berm. 2. Grad cover on the side of be berm shall form adense sWactlive mgt,and shall not requite mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape ass of thirty-five feet(35)shall be developed along the Vanderbilt Drive ' ter: +�� buffer on the west sidle of Vanderbilt Drive shell �• impede the view of Idgb rise iaideotial I , .i Vanderbilt Dn n 0 it E-, 1 ct� 2128136 revision Ult. tad It: ' 1 SECTION Ill RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land tun tugged= and development standards for the raddeudal development tracts designated an Exhibb"A,"the&mid PUD Master Plan as 2:"Ri"a ". 3.2 MAXIMUM DWELLING UNITS The maximum mmbec of dwelling units perained within the PUD is 590. The subject property contains a puss acreage of 532.09+/-apes and base density of 1.11 dwelling units per was acne. 33 GENERAL DESCRIPTION Aram designated as = C PUD Master Plan are designed to accoamnodre t• : ; dwelling g " meld-family dwellinp, adult Living fader. : F neoreaideotial uses, a of reme tioeal facilities. easatid aervloes. The appaoximase ( "' 0 7-1 ��.� blaster Plan. These messes are , _ ? '� ,+ `l'�y,"i".*r Amid amass of au development ,,� � 10 Plan ar Preliminary Subdivision Plat ' in 4 . . saws Dy- s County Land ' ,� �!'. Residential tracts are designed ' roadways. ' ` and amenity areas,Woes and water , . _ sod other similar in resideodel areas. 3.4 USES PERMITTED 711E � C1 Ed1112111iMS t. Multiple-miry d ellinp. 2. Oast mites and cabanas. 3. Any other principal me which is comparable in muse with the foregoing tyros and which the Plsenieg Services Depaatroent Director deterarhr'e to be compatible in the 31: =da daRP Dips. B. eccf�l�ot�r3J.c ! I. Uses and structures customarily associated with peiacipat uses permitted. 3.1 2128108 revision 1 - -- - UK: tibb vii: an i IT 2. Recreational uses sect as, but not limited to, clubhouse, fitness center, health fpm,kalifs courts,swimming pooh or similar reaestional uses. 3. Any other accessory use which L comparable in name with the foregoing uses aid which the Pbdag Services Deportment Dheotor determines to be compatible in die �~maim. r 33 DEVELOPMENT STANDARDS I A. Table I II sets forth the development standards for land Ines within the "R" Residential Districts. B. Standards for perking, bedaeapisg, signs and other land uses whet such vendor*are not specified heroin ar within the Cocohstchee Bay PUD,mu to be in aocadnece with Collier County Lad Development Code in Ant at the time of Site Development Play approval. Unless otherwise indicated,required yards, here,and floor area standards apply to principal structures, • * i C. Off-street • shall be messed by aides or • - , are separate ' •�'ti • which serve more than one development. '~space was of not ter feet 00') in width m munmed • 77 -.; fepmale any puking aisle 11 .04 Or . ►I �' T �m ik rmo ! i '141y, „lir 0 low- wri g,,,/' DlYlti.O!llINi'tilANDAtMS t iscomus 111111M141111.111 INSAME. 1! satu•the I __ . ,_ WA s. - f Rug Yard•timtrrsal lead a OS*0 mot w 0.1:1aotMo 11111---v4 nil PYamt Tani-j&-n Mi. so MI6 Tarsi u Rear Yd lehdpmt o s 8 is i � I 3.2 2!28108 revision ,',. ._ __. . _ _ un; WOO ru; V210 I -.__1 mo Ms BO& - 20 modes far aundur_ — IS 3.1 , bide d20Q Ut 2 _ rims adw.i Piled*Oie.olwoh as nu 03 • Thar Asp.Ufa. M.) 1000 SP 4204/11 1200 11+_d Alt WWI INIOIX Min bU*I be wi rd Oats n� Om Ms ON_ ob WWI soardna=a { . loaf soeew Clohibbad ad* of two whom- ___ for l~ pnpowa d au.d.ih0 .w.ht l ANMom r.ban silo oldss.hs.oMd *1 lSssi hush Oil be monad as bWras: A. V .peedissatwdbyapiledelFoI- sy.sibs*btawo rsdkusisupowtd sfvssylbs. I. Nis pseud is m sd by a Wylie shad,asasa M sasss.sad bus do bust drab of amble sr odes d passras Of sot sob* I •2 *aYdt Moyle be is arils sepses 1W silOsse ss Misr lima is Os"Sr ow Oil be jj 41I mods Or s i.d■.s . beats Grin 410 ha 9 s3 W 1_-- ebb a mass_. - Co • olbsi boss ow ss em ad sags our us paoilsi b asps s.hibbt:tY oaAaibf • 1 n C .01 ir V At s i 1 2128/08 revision 3.3 I Ar- WW1 ZVVV &V• &slag sacnoN IV GOLF COURSE"GC"DEMO/WENT MIAS 4.1 PURPOSE The propose of this Section is to set forth the uses permitted and development mamdenk for the Goff Coarse tracts. The phony function and pIupoue of these tracts will be to pecnide aesthetically pleasing open areas,golf courts and Recreational facilities. Except in alias authorised for Development, all good"talky tulle trees and shrubs shall be protected and preserved wherever practicable, 42 P'IITTWD USES AND STRUCAVB No building or structure`or pert thereof,shall be erected,skated or used,or land or water used,in whole or in part,for other then the following: A. Permitted Principal 1. Golf � quitters, clubhouse, guest Amy 3 . 11110-1 --11P-Wk • Lat IMO snot . • - kription "AT stomp tadm and poods, �`•, `' olP pumping flanks and pump „� , • and „ the r Dfd ks. &4r Any other principal use which is comparable in name with the fouegoing uses and which the Pluming Services Department Dinctar determines to be compatible. B. Permitted Accessory Uses and Structures •• 1. Accessory ases and stench= caratomedly associated with the principal uses permitted in this District. 2. Peo.siwps,practice.Baia and ranges,golf cart barns,not rooms,shelters, snack ban and golf coarse mainumenoe yards, 4.1 2!28/03 revision .- ; ---- ult. CM° ru: 4110 t 3. Retail sales of modeled recreational equipment and apparel,such as,but not limited to, golf, tenets, and other eeaeatianal rebind equipment apparel and aoceasoriem 4. Restaaams and related saes intended to serve dub =embees and club fang. S. Shuabbooed courts, tennis cousin. hearth span. swimming pools. and all other types of accessory facilities intended to provide recreational oppormclties for mambas. 6. Open space uses and structores such as, but not limited to. boardwalks, nature trails, bikeways, Whops s nnearier, gazebos, boat and canoe docks,fishing piece,picnic areas,lions trails and shehees. 7. Any other accessary use which is comparable in na0ne with the foregoing uses and which the Pluming Services Department Director dmenniaes to becompatibla xi$R C00 DEVIIMIWir AV- =e' 1 hl 1. MI yl:': A. Principal • ; ice* , ,. , feet(20') from Golf I Course ' , +ve het(73')from all V 13. Accessory • . ..,.., , _ tan feat (10') from Golf Corse 6 • • ' ' •. and • i • feet(20')from all PUD bandana , , • -, • tracts. 1 C. Lishtin • - ,. wagged . will protect roadways and cr�bs in a residential • , . - � � , interference. D. Maximum height of , • C tR - 1. Prinriipd Structures-2 stories for a maim=height of 20 feet. 2. Accessory Structures-1 scary for a maximum height of 15 fest B. Minimum distance between pd-cip l mucmaea-The facet(10'). F. Perking for the community oeatedrclebbouse ehail be three spaces per every one thousand (1,000) apses feet of iron floor era, which shell be considered inclusive of the required golf aoerse perlciti, provided the golf aossse and i raawtlo al hcilities are private, otherwise, appliaible provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1730 linear feet wet of U.S.41. 4.2 212111011 revision . - . UK-: CU YG: 1419 - • T S Senderds for parlda&landscape.signs and other hod ores where such standards we not specified herein, use to be in accordance with Collier County Lod Development Code in effect at the time of site Development Plan operand. Unless otherwise indicated,required yards,heights,and floor area standards apply to petaciprl structures. untiLitiginditiocluirgadiEllusubshbyths- Canaillairakaalkisuataboaugumunkukuutaalimmad • r -/rr,%MAIL.=Wilms ii' Germ rfiw, • i,-----13,.'` WASIT'l •7"1PAN11111111•10•11111 i1 "411111111111111 117"'vt7L! •11501/0 lirr117,11111■NIP 01611111F111111111.111111 ANNIUMINI ir'-- -- ■ 'IOU;i44 taiamaimainanimaahom ammaimagammaxissaa- 43 2/28/06 te�►isioo ■ • if A a. 1. artmtpiddagassiadimukudithom ii. sant iv. WimulloallathadilitioUskoa v. • vi. SIAMMIEllba 14111111110t n CC ° &" • vi • • C 1R 4.4 2x18106 revision 1 SECTION V PUSERVIC'T'DISTRICP 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the C000bsedree Bay Conamm ty desipated on the Aggigid Master Plat as the Preserve District. 5.2 DUAL DMICRIPTION Areas desipsted as Preserve on the iggegigi Master Plan are designed to accommodate • a full range of 000s rvation and limited waste management uses and functions. The primary purpose of the Preserve Dimict is to retain viable nstwJly ilmc doming wetland and upland systems, to allow for Insoation and eahencement of impacted or degraded wedsnd systems.and to provide as apes space amenity for the snjoymest of C000hatchee Say Community nedents. veR COUP 5.3 usics mamma cp No building or - - .• or used,or land need,in whole or in part, than . A. 1Principal f - L IhilmommiaLmautslmdualsimindmiong Elandoll iv W thdismaxibLt xi, billasimiLmixicks Ifidimunga • Bentiourouotiagle �. 1301111MUldaillma Z. liahltilliallIMISIMI • anaulaubliomaiguthiminwuzikummiabutdi • auk Sidgedie ILL lixiguemildmiaus A wale:aids, tausin d 5.1 2/26106 revision . 1 VIt; WOO ru; LILL 1 Lt. LakiLaaraliagineulliskalsimeal niii. Ai& gliasaisiamlikane. AL anbiem m il>ra eerico, rimmds liesited m t agi In t L ALL Slisioi mil. ficadriatu still I didlikrosm y mix. Bacasissishismiaminigatainunkt ant soli. Begienakilitie. .. A . Aiii "PAPIIIIIIIIA . 41V . 11101.11A... ! 111011.11P V 3,.& Any , ;.' t • nee which is • wi in name with the foregoing uses and .•' . Director determines to 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all smootmas shall be in acoordu.oe with Seeds* 3a44.3a.-eafthe Collier County[send Development Code,as amended. Any lot abutting a potemedipreserve area shall have a minimum 25 loot setback nom the boundary of ouch potectedlpnserve as in which no piocipel:Immune may be comNnmed. Panther the plat shell require the no alteration.Weans acosssory structures. till placement,wading pleat alteration or removal,or similar activity shell be permitted within such setback without the prior mines consent of the Development Services Director. le no event shall these activities be permitted within ten feet of the preserve bouardary. . B. Maximum height of Mourn-Twenty-11w feet(25'). 5.2 2128/08 revision , u : 41b11 j: L4Li C. Minimum distant*between principd stmetases•Tea feet(10'). D. Minimum distance hawses seminary UMW*-Dive feet(5'). B. Standards for parkins,landscaping,signs and other land aces where such staadnrds me not specified herein are to be in accordance with the Collier County Lod Dsvvelopme■t Coda in affect at the time alike Dewdopment Plan opparaL Unless otherwise indicated, required yards, heights, and floor men smdards apply to principal strac$was. s3 PRBSeRVB DISTRICT CONSERVATION EASEMENT A nonexclusive conservation wemesrt or tact is required by Collier County Lod Development for sods Winded in the Preserve District. In addition to Collier Comity,a non-encladve conservation eseeseest may also be required by other regulatory agencies with judedietics over Preserve District lands. In addition to complying with provisions of the Collier County Land Devdopetest Code,said easement shall be provided in , forth in any applicable permit granted by other agencies. r '� or assigns, including the Master Property Owners' ! �' be , .1. , and maintenance of lands within the Preserve • A!!� 1 fJp 711E C ak 5.3 2l211I0R revision SECTION VI GBI�RAL DEVELOPMENT COMMITMENTS • 6.1 PURPOSE The purpose of this Section is b an forth the development commitments for the development rids pmlest. 6.2 GENERAL All facilities shall be constructed in strict accadsoce with final site development plans, final subdivision pi and all applicable Slate and local laws, codes„ and sagaladons applicable to this PUD.standards and'pagandom�Lod nosed or staled otherwise. die Devebpment Coder Divides shall apply to this Project even if the lead within the PUD is not to be platted. The Developer, his successor and amigos, shall be respo.dbie for the commitments outlined in this document. �tER CO0 The Developer,his • - assignee,shell • hasilrd Master Plan and the regaled= -• and any alter -• or modifications as mq,be bound�the `• •, �, ',.',�: of in tidy is 6.3 PUD MASTER e _ T! A. Exhibit " - . i - illustrates dm proposed is complied hi • tract, lot ar hod use boundaries • � hind use • ' be couttued to be sprcific and may be 4=• during the • ,^ devdopmeot plea approval process. �� Isi��• • the Land Development Cods,PUD ,, . • • • • • , , to time. B. All necessary comments, Minden, or other instraneats shall be granted to ensure the condoned aperatios sod mdmsuanoe of all service utilities and all common ness in the Project. C. The,following shall be conddesed minor classes sod refinements,subject to the Unladen'of PUD,Section 6.3A: 1. Remained= of preserve areas, priedictional wetland limits, end =Wisdom futures as a result of environmental regnlalosy agency review, as Wag as the changes do not cause addidocal impacts to protected species or habitat. 2. Reconfiguration of laloes, ponds, canals. or other wiser management facilities where such cheges are consistent with the atiter&a of the South !) 6.1 2128/0S revision .t . UK: OIL3 Florida water Management District and Collier County and when there is no farther sac rachmatt into preserve areas. 3. Reconfiguration of golf come envelopes and design fames where there is no encroachment into preserve areas. 4. Internal realignment of rights-of-way other than a relocation of access points to the PtJD. 5. RnconfgOr tioo of residentiel parcels when dune is no encroachment into preserve areas. 64 SCHEDULE OF WORT AND sumer P'ItOVWION A. Initiation of commotion on the Cocohatchee Bq Project is o ontemphied in calendar year 2000 with - . of the golf come aid Project Infrastructure sods ipated to maw + i ;1 t 1. Marketing of commercial and resideodal sites � to begin in calendar year 2000. and are - f, .?''' in 1 10. B. �, �,�„� T � be submitted pursuant to t� ►• i r., T Coda. C. The • - '! /' Parriskns of amass u POLIANG PLA• • ' ` to • ' Ammo , provision shall be made for the future van of specie " ` 1",. the purpose of a0000mrodsting the lwoctioo of an electoral polling , An agreement shell be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any aid all mown in intrust that acquire ownership of such common an including, but not limited to, condominium associations,homeowners' associations`that snob common.facilities may be used for an electoral polling place if determined to be neowary by the Supervisor al Elections. 44 SUBDIVISION B REQUIRIIIIIIMI AND STANDARD DEEM SUBSITTUTIONS nalnISAMILUMMEMANUMZUMENRaMRIARQ A. Sidewalks / bibs pods shell conform with Suhassiimr4aille347,r et the LDC. Due to the arriroomartal imams on this Project impacts are to be minimised. 6.2 2/28/06 revision t .� UK: 4306 ru: L4 Lb D. Private sheen shall cook= with the tight-of-way width regaircmeus of I DG except as follows: 1. C l-de•secs and local sheets lees than one Moms=feet(1.000')in Myth th are requited to have a minimum fifty foot (SO') mat-way width and two ten foot(10')wide travel lanes as regained by she jAgLammIgiong 2. All other cul-de-sacs me requited to have a mider=ot fifty foot(SO') right-of-way width and two ten foot(10')wide travel lanes as required by 3. Tangents between reverse curves shall not be rogoited under Subeessierh allidig4r16.10rof the Land Development Code. 4. Sweet Dada may exceed four percent (4%) under Suhseetien 312ef the Lard Development Code provided that applicable Mend of Uniform M a nmm Standards a- 6 ",1 s1►.r.i•,,v tnriteris are met f. .O ;, _ , . . ,.., r ,.. „ be approved by the the Florida Depanmeot (if it �, iii Manual on Uniform . i� 'l ' ` for sheet pavement c „ goad WO= will be ltam c ciusboa~ ' 1 :., conformance with Florida ' 6 , � of Tr�artafion .. ' t?r� Administration f►amtal on t"� Control Denioe�►.�r�1�i►.r►r wa A f , , ,. &;& "+'*?",' brood hoed/shall be 30 feet with the eatoeptioa of both enhance road iatereectoos which shall be 40 feet 6.7 TRANSPORTATION— A. 1'he Developer shall provide a fair as coatdbutloa towed the capital costs of any traffic signals oeoessey et Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed,ioetelled,owned.operated, and =demised by Collier Comity. The Developer shell provide artedd level street lighting at all Project mama prior to the issuance of any c ezdficate of oc um y for a building accessed from a Project entrance. B. The Developer agrees that Coltish County reserves the right to disallow developer beprovemems within Vaadetbilt Drive, East/West Uviapton Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or i 6.3 2/28/i08 revision I VA. IJVQ ;V. bar.l negatively impact public roadway,drainage,or utility facilides plumed as pest of future feu 4aning construction. C. The Developer shall provide addidaoal riot way In fee simple tide, when necessary,along the PUD frontage to Veederbik Drive. Add;doaal right-of-way is required in varying widths from 10 feet to 25 feat on both sides of Vanderbilt I Drive as shown on the final four-lase dodge piens mated for Collier County by - Johnson . Inc. Such �� - way �i each side of I. Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, dreittsgs, and public utility improvements. The right-of-way conveyance shell occur at the time requested by the County. D. The Developer shall provide additional right-of-way in fee simple title, when neoeasary, along Vanderbilt Ddve and Wiggins Par Reed at all proposed and androshed access points wherein right era Imes for development purposes are required or specified. Such additional right-of-way is decleand to be compensating right-of will not be subject to road impact fee • credits. The final ;'7.'` . '-11r , , for Collier County by Johnson Bngineeri■g, show rooked t ! , for right taro hoes for this PUD,but , -way shell wally be wldds of approximately 15 feet. ., 1 the time requested by the AVaNipaigft` ' ', County. E. The , -way in fee simple 1 4I i Pass Road. tide. ' 5147_,�, !�•-r!�,,. , , 4.,.; , , 1 I right-of , , n mini a A`'►1� •• of Wiggiaa Pass Road ! Johann � �;�>i Inc. Such -• � ,". -. for Collier County by 1 V along Wig Puss Road shall be • • canned to without consideration for The right-or-way + ,I'. _ '; :9t tine regae red by do county. P. The Developer shall provide additional algid-of-way in fee eimpie title, when necemary,Mang the PUD's north boundary for totem Bast/Wet I3vinpeoo Road between Vamkebilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 673 feet of right-of-way along its southern property Klee for the fivers Bast/West L3vinptos Road. 100 feet of right-of-way along the =theta property line for fame BtsNWett Livingston Road shall be dedicated to the County. Such required right-d moray shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of- way based on profeeeiosal land appraisals of the fair market value based on he value pier to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. I 6.4 ?JZ8A8 revision rar— — OR: 4368 PG: 2428 • 1 G. The Developer shall design and pay for any required mad improvements to Vandmbik Drive that will provide access for the Project(this includes two lanes and other improvements such as lighting). If these improremests ate made prior to the construction of the County's Vanderbik Drive four-hoe emission project. the Developer shell pay the desig■and construction costs related to access for the Project for the editing two-hoe section of Vanderbilt Drive. Pu aye four-hos expansion of Vanderbilt Drive shall iociuds the Project's access and shell be designed and paid for by the County during the construction of Vanderbilt Drive. If these loom enreuts are aide alter the commotion of the County's Vanderbilt Drive fonr4a us expend= project. dos Developer shill pay all design and commotion costs reload to access for the Project. IL The Developer shall meet the atormwater attenuation and water quality requirements for the hone Bast/West Livingston Road between Vandmhik Drive and US 41. The Developer shell be compemsled for the stemmata.management commimseds at a into to be determined. The Project shall accept future stosmwater commitments fain Ban/West Livingston Road along the Project property lime in the Water quality will be handled within the 167.5'r11bt-of tr�' • ir L The . design noise mi t systems in a000almce with the . r. •, , r^-* . J. In due . ' _ V , . . . Drive err Pass . . 40. `' 101irM�1 ► 7440 `` Wig& • . - , . . M�IT!^��;�;• �! . �`"led� s b Vaodm6ilt Drive, the ,..,. - tern lanes. r-4 se CS warms � J ; -r .a The development of ' .� PUD Mover . 1 be subject b sod governed by the following condition: 1> A. water distribution.sewage • and transmission lines to serve the Project are to be designed. constructed. conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17. as amended, sod other applicebio Coy rules mud regr letlou . B. All customers connecting so dm water distribution aid sewage collection flicilities to be constructed will be caslormess of the County and will be billed by the Comity in accordance with the County's eetabiisbed rates. C. The on-site water distribution system serving the Project must be connected to the District's water main and met be modems with the main sizing requkements specified in the County's Water Master Plan and extended throughout the Project. liming design of these fadlities,the following features shall be isoorporated into • the distribution system: 63 MVOS revision 1 UK: 43bo PG: 24Z9 1. De.d.eed mains shalt include dead-end flushing hydrants. 2. Stubs for firth system iornoo.oection with adjust properties shall be provided to the property lines of the Project at locations to be mutnaily agreed to by the Comity and the Developer during the&Sp phased the > t. D. A wiser distribnlioa system shell be constructed throughout the project development by the Developer penned to all cones nepireme is of Collier County sod the state of Florida. water facilities constructed wilds platted rigllta- of-way or within utility easements as set forth b Cotner County Claims 97-17, shy be co.veyed to die County WstedSewer District for ownership, operstion and meiase.aoce. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, opmsled and=Mined by the Developer,his assigns or successors. • E. All corrpocdon plans and technical speci&stioas and proposed plats, if applicable,kr the . u. r' be reviewed and approved prior to casvmeooemeat • O -. F. A sews • • • system shell be • throughout the project _ . r , . bY 7 to requimments of Collis Canty r the r o f " , withb platted - ' � � r r. of-way ar rif;' "I�+iii Tim County Ordinance 97-17, obag be -;71,101i,to , _ . 7i11�-i�rM�i11 ownership, °p°�0° ,� • _s private properly and not required • County to • r - - shell be owned, operated , by the ' . • �?"r soma s& or s. cee. 0. All - -. and technical and proposed plats, if applicable,hr _ reviewed sod approved prior to oomm.noee_eat of-• 7-. C IR AL The development of this Amledid PUD Master Pie shell be subject to and governed by the following conditions: A. B.virmemeatal paining shell be in accedes* with the State of Florida Eavkoome.td Rasouroe Permit Riles and be subject to review sad approval by Cwim.t Flaming Environmental Staff. Removal demotic vegetation shall not be the sole means of midption for impacts to Collier County jurisdictional wed- '. B. All conservation teas shell be desig0aled as conservationlpramtvation tracts or easements on all core ants phew and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 6.6 1/28108 revision - -- 11 WC 446V PG: a43U Bakes and aetbecirs shall be in a000rda.ee with h 34.61474.-.1 the Collier Canty Led Development Code. C. Buffers around preserved judndicIioasl wands shall be in a000etaooe with the State of Florida Environmental Roam Permit Rides. Ptesarrved juriedicdossi wethmds and mounding heifers shall be incoepoeased in Conservation Ares which shall be platted. D. An exotic vegetation removal,monitor's&and maialeaanoe(seeds-free)plan for the sift,with emphseis on the comvadentiessevations areas,limn be subedited b Cement Planning Environmental Staff for review and approval prior to final site phmicoaatructioo pion approval. B. Pbaaomer shall comply with the pddedees aid reoaomemdaasas of the U.S.Fish and Wildlife Service (USFWS) and Florida Pleb and Wilddb Caiamvation Cordon( ) rrg pal impede to protected wildlife species. Where plumed "wise are observed on site, a Habitat Maesgement Plan for those ptolcled „ ; Plsmring Savjoes Section staff for review and' !I �'' #'� prim approval. A Raid Bagia rr• and a Gopher *ONO, , • Plan are requited for rids sits. • 6.10 ENGETEM1ING 111 A A. Detailed , 4;1.. sib . , r shall be submitted to EnSillesin rear ii►ry yokes and , 3ervt�the , � prinks.��'' �,�, , in accordance with We abetted _ - r • Services. ECIW B. Design sad cooshwcdon , - aball be abject to compliance with all applicable provisions of the Collier County Led Development Coda C. The Developer, its soocessoes and assigns, shall be required to satisfy the requitemeass of all applicable County ordinances or codes in effect prior to or concurrent with any absequsmt dsyslopmat ceder relating to this site,including • Site Development Pim sad any carer application test will remit in the issuance of a Arl or local developme t order. 6.11 WATER MANAGEMENT A. An excavation permit shall be regained for the proposed lades in accordance with Divider: 8f the ikdiginag mid South Florida Water Management District Rules. 6.7 • MV OS revision UK; 11306 rh:. t3 iA 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Seedea4anifklielrof the Lad Development Code,if,doing the course of site clewing,excavation or other construction activity a historic or arsheeoiogical artifact is found, all devdopment within the minimum area neceesery to protect the discovery shall be immediately stopped and the Collier County Code &drasoament Department 6.13 ACtISSORT STRUCTURES Accessory structures shell be coasleucted situ 't ooudy with or following the construcdoo of the prirdpsi sanctum except that temporary sales buildiap, troika, markedng facilities,mainstay storage and office facilities and the like,many be erected and utilized dmiag the period of Project development and madottiog. Such temporary bm'idiop shall be removed upon completion of the market* or construction activity which they are accessory to. 6.14 SIGNS ti%lER C004,1. s� al og G0 A. MI II" apply arch regulations ., �� -404"� one is olop �a each Owed Plug • _ ., ,'' a . , shall be eaaitied to sigas as herein. C. Should '+ sips be ., _ - • within the public stt- of-ring►.a . . ,,,•, ' ► ` • for and approved. lI.E' C.R D. All sips shell be to cause sight diatom problems. Z• B A. Two(2)sips with a locadmuto area of 40 square fist each or one(1)sip with a maximum area of 100 spears feet shall be permitted at each entrance to the Development. B. Entrance slim shell not exceed a height of fifteen (15) feet above die lowest oaetsr8oe grade of the aeareet public or pdvaes right-of-way to the uppermost portion of the sip stmcm e. C. Entrance signs may be ligheed prodded all lights are skidded in a manner which prevents died gime into the vision of drivers using the adjacent streets or going into adjacent residences, 6.8 2128101'widen • 3. Efiti Mahal A. Project dps, des1saed to promote the C000hatchee Bay Project, or any major use within the Project shell be permitted aloft the ma side of CR 901, the north aide of CR 888, the sob aids of Uvispton Road Extension and on all land tracts within the Cowbird==Bay PUD lirnih subject to the following=edifices: 1) Project sips shall not exceed a height of twenty(20) feet above the finished pound level of the sip site nor may the overall area of the sip face exceed one hundred(100)aquas fret. 2) A maximum of far(4)project signs shall be wetted. Two(2) sips shall be located aloes the CR 901 frontage:one(1)shall be located along the Uviosaton Road Extension frontage,sod one(1) shall be looted along the CR 888 frontage. 3) ' ; all lights ass shielded in a orY" PM:ft .161 �rhici would impact the vision using the . or going into adjacent • 615 4111MR . I e I AI ii AB laadawp landscaping . .. with the Divisino44 Development 6 , • le time of buddies permit application. fad PROVISION FOR • i w OVAL OF • .1 a MATERIAL \1 The excavation of - C ,• . ,. 1 , in preparation of wader management bdlidaa or other is busby wanted subject to applicable sections of the Cods of Lars red oasie.eeea_ If it is demaoatwted that fill activities on those buildable portions of the Project site are sock that than is a sorpho of earthen matelot, then its offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a"development excavation"pennant to Divialsa3J.1 the LermiDeveleplanasCede Cads grjoggausjjkdigugg when:by of-dte removal shall be limited to tea percent (to a maxhaaaa of 20.000 cubic yards) of the total vane excavated unless a commocial excavation permit is received. B. All ether provisions of ilsagoduflammdantiousawiliaiwhien44 me applicable. 6.9 2128!06 revision 1 ! ii i LLh 0 ® ® 1 1 1 ii r,,A k i N 5 i1. Fil g :::::::::::::::::::::::C):::, -,k , . 4710k ::ii::::;::::::::::::::::...::::.'. .:•- -.■V kill,::::::::::::::::::„.::::.::::::„ zi O isEi ............. ..•• •••••••••... ..... , ••••••••••• ••... i ,... ,, i iFf ► t., 4. A I I!. L '.. \ 1• : \al c ::',c. 41 111 ,.. ._.:, :„....: ...4 •604 i I pI I 1 1 Exhibit"A"to Amended Planned Unit Development Document I "1;72. � Q411r• °a-29-°° SOW: , CCIME Al HAY Vanasse �'—" ` RtY 01_43-08 N.ES. » H> Daylor _.,_ ..�,.. PROJECT IMO.: 80447 allimm • =r ACAO NO. 8044?-PUO_MP7 • I OR: 4368 PG: 2434 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission("FFWCC").' A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (each 17 to 20 stories)', a social and fitness center, a golf driving range,; tennis courts, guest cottages, parking areas, and i• t „ L . _ t t t facilities on a 111.3-acre project site. , • ,, • - r r-"' ""_„"!4 • f V'' . t t t� �#r' `�• t voidable effects to bald eagles et nest 1� •� �� , �t' � ��fi 4:4, . _ �purchase and preserve 1�� p 1 _ or in the vicinity of, Collier County, -t 1 ' --., Florida. Th t. . located north of Wiggins Pass Marva m t 8, 16, 17, and t r_1 48 South, Range 25 East, Collier County, - . U �_._� �. •oa cis okay 's. ,. , -vo 1. In the event of project implementations, the entry road, stonmwater pond, parking area, and golf club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non- nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non-nesting season (May 16 through September 30). However,construction of this 20-story building,which is 1 This section is from the DESCRIPTION OF THE PROPOSED AC ION section in the U.S.Fish& Wildlife Service's Biological Opinion dated February 27,2004,as amended on February 6 and February 27,2007 2 In accordance with the Cocohatchee Bay Development Standards,buildings 01,02,03,and 04 are 20- stories and building#5 is 17-stories. Private practice area. Not open to the public. Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,2007. Vn. ZJUO rv. 6144 anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 lately would begin in the next non-nesting season,depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The peen ittee agrees the construction sequence •,•, _ condominiums would be buildings 3,4 , ? 7 GO . —"on of these condominiums initiated only N ,-nesting . -'�4 •figure 1). The construction start dates ,, ,, : w,uld be in consecutive non- nesting , .77. , -, on „ economy. S. The , , ,F , � ,�r;, • 4 and S made 660 of CO-19A _ up , in the non-nesting season . ,, . ,n, _,_. the revised location as shown. 6. In the event + d eagle pair , t , •• 19 or builds other nests on property o -, t* ', Abbott t , LLC,the permittee agrees to similarly modify .. r< . on the remaining buildings to minimize the adverse ' . pro)ect on nesting bald eagles. 7. The permitte has proposed to preserve an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. C. ADPITIONALTERMS AND CONDITION s Amended Biological Opinion dated Jane 30,2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5,as amended and/or re-stated in the February 6 and 27,2007 Biological Opinion. VA. 'tJUO (V. L'tJO The USACE has requested the USFWS to modify the February 17, 2004 biological opinion for the Cocohatchee development based on modifications to the project proposed by the applicant. The USFWS has reviewed the proposed project modifications and notes that they will result in the addition of the following two (2) items to the Terms and Conditions Section of the biological opinion: 1. The construction of condominiums numbers 2 and 3 can be initiated only during the non-nesting season(May 16 through September 30)(no earlier than 2008). However,once initiated,construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle Ming territory prior to the initiation of construction activities for the project. Securing a - 1 in the form of fee simple title or a conservation - ►1 Z 1 an acceptable third party. The territory must •1 .� - 1 1 ' M' , ..`•1 11 11 . 1 - alternate nest trees in the even1r' 7 primary nest tree N s ' The applicant will use best efforts to t - i,. -, ' in , ,lh - County, but reserves the r � right to . t . r- -,,. ,1 . -t . ,le 1, cannot be secured in Collier t �1 ,, ': :i .wI,:w Flaw �'�'� 1 that PAY supports , active 1 --t, 1 y bald eagles,but 21 1 y . 11, • suitable habitat for a t t r a c t i n g ' , ,, , . , t n- ,;1 _ may also be considered acceptable. O ii) Preference I! , • 1 . • 00,i 11 red to, selection of a parcel of suitable habitat that ?—. - t acted and ranked as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. D. CONSERVATION MEASURE' Provided the necessary federal,state and local permits are obtained,the applicant will construct a 50-to 60-foot artificial nest tree on a salt fiat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The 4 Biological Opinion dated February 27,2004,page 15 VA. 'iJVV t V. i.1.0 1 purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area,well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 2S- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non-toxic materials. ' ,.). _ , ,ology can be found at manufacturer websites such as . ' F y ,, www.utilitycamo.com. The applicant also p • , , _ e .,, ,iii a video .. , •, the nest tree to provide the residents of Coco, :,. :ay and other ', -7r-r. , , es with an opportunity to monitor eagle n i , + . • . ■,. , Li ,esi o base, the nest tree, and the camera will . , „ t' r. 'cc. ii, , !�: � �.� I. ' '-�/ � ; ,) . �ID WI �JP VM s id% Any revision by „ ' .S. Army Corp o F , V _., ACE), the U.S. Fish & Wildlife Service - S), and the ti ',�. /:• Wildlife Conservation Commission ► ,, cause revisi. , , above may a descn'bod terms and conditions will not -• ,?_ . ., am-�, , ,, -� , i, Cocohatchee PUD or this Bald Eagle Managmnen , „ ! -,t eagle pair or a second eagle build a new nest wi .7'.72-L.01- '!!7 p , pair , 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 notify 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. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment L G.joitsgmazANDisazza MEASURES 7 From Biological Opinion dated February 27,2004,pages 13-14 vn. 'JUG ru. L'Jo 1. For the duration of the project,the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project,the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest,and the surrounding habitat 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present,any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning,for 3 days per week while construction ction is occurring. tiL RCpij prk_ACC7111111.1111911;0 P V 4e c�� ?CIE CI9 (wag o) T ;uawga y Ic 1 "•1 11 ;1 1 . ! •,••'1.j V. i , 11.1 )'"1 ,r • 1. 111,1• v . . • . `V. . .i ' L 1 1 ri ( 1!. . 1i 1 1.1.11, 1.111 1 1 tY'.,•'j ,l,1 t f i•a ' ✓f- . • ' -, • • c• kl / • • ,1.1111. 1? 1 1 r 1fli11' . 1 1 .��• ♦ � •a • \- • � .w++1 �. 4 - • • 'i•1 '1 111 • 1.;:"..1' /./. 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L. .. • ,,k4 . , . . .. . was.. • IZ•714114.10•••• •••• SOO* '',' .r 1 17 ... • . • C • ,..-- •`' - 1 I Ol II w r t . . rt.._, . . • „_41) , at I O• i 1 I as I a I i i 1 0,1 tilE cli -t- s , i . I ..• -.:•,, ,,-/ i i1 ..„.• , ..... 1 1.1 .... ...--... I I' 1 ! I gxidbit 3 to Settlement Agreement and Release COCOHATCHEE BA ..-,-....4”' -.. --- .7* -.......--- ---- -...-...■=Ty' Y 1 ,-:- * . . . . Hs'! ''• • • . , ... - :4 i ,' •-•-• VANAS'SE&DAYLOR 1 pr,.. . -_ ... . . . 1 11, *Vow Prdll•ol• 6..4 GOLF COURSE EXIIIBIT 1 *- • .'1,- : --- r.„ .0,...• f 1 ).!..•■•• I - ' • - -...--... ...-.....--.- A. AAA UK: 4ibb ?ti: 4441 "' I. N ....1 / W r I\ f ' ;t IA .. .f �' °K ':� _ •�� .rte• � v ,t. :'. '7C.., ' fit.• t~Att �{r9A Y.n�( ^ Gpre jT_.' .,• ,y •f N ,*4 4. :,'R,. :-.✓..Vr - , +f,',. 'N0PT111EIIIM PW FRCI4TAGE .�, � �•�,, _ �• • • '' KAYO MESTEWN V A RBKT OR: . •.c. t Nii::. {• R/M' sr 2017 L.F. +/—.." •4, .. a •:(T 0' MC SIDEWALK 10 BE Lc. ''�. ,, . •. +,t) .; ,fir, )c •. • ' I '�, ri From: david kelly[dkelly1205 @comcast.net] Sent: Friday,July 31, 2015 2:16 PM To: BeasleyRachel Subject: Cocohatchee Bay Settlement Amendment,Affordable Housing Ms. Beasley: I have received the letter from GradyMinor regarding the request to modify the 2008 Cocohatchee Bay Settlement to relieve Lodge/Abbott from a $3M contribution to Collier County for affordable housing. I don't trust this company. This would set a precedence for re-opening the 2008 settlement that many of us fought hard against earlier in the year. I am against the request for making the change unless it is supported by an ironclad legal agreement preventing the 2008 agreement from being opened further. Thank you David & Barbara Kelly 717 mainsail Place Tarpon Cove Cayman Home Owner Attachment C From: jcdixiew @comcast.net Sent: Friday,July 31, 2015 1:22 PM To: BeasleyRachel Subject: Cocohatchee Bay Settlement Amendment,Affordable Housing Ms. Beasley: My neighbors and I have received the letter from GradyMinor regarding the request to modify the 2008 Cocohatchee Bay Settlement to relieve Lodge/Abbott from a $3M contribution to Collier County for affordable housing. While this request seems Innocent enough on face value, we can't help but think that this is a prelude to sinister consequences. This would set a precedence for re-opening the 2008 settlement that many of us fought hard against earlier in the year. I am against the request for making the change unless it is supported by an ironclad legal agreement preventing the 2008 agreement from being opened further. Thank you Joe Wood, President Cayman Home Owner's Association From: Allan R Goldstein [allanrg @comcast.net] Sent: Friday,July 31, 2015 2:10 PM To: jcdixiew @comcast.net Cc: BeasleyRachel Subject: Re: Cocohatchee Bay Settlement Amendment,Affordable Housing I am in agreement with you Allan R. Goldstein 239-961-0216 On Jul 31,2015, at 1:21 PM, icdixiewJcomcast.net wrote: Ms. Beasley: My neighbors and I have received the letter from GradyMinor regarding the request to modify the 2008 Cocohatchee Bay Settlement to relieve Lodge/Abbott from a $3M contribution to Collier County for affordable housing. While this request seems Innocent enough on face value, we can't help but think that this is a prelude to sinister consequences. This would set a precedence for re-opening the 2008 settlement that many of us fought hard against earlier in the year. I am against the request for making the change unless it is supported by an ironclad legal agreement preventing the 2008 agreement from being opened further. Thank you Joe Wood, President Cayman Home Owner's Association From: Finogior @aol.com Sent: Thursday,August 06, 2015 1:41 PM To: BeasleyRachel Subject: Re:Affordable Housing Number 2000-88 Grady Monor File Thank you, once again. No apology is necessary. We would do all we can to stop the development - language or not! Sinerely, Mr. & Mrs. S. Giordano In a message dated 8/6/2015 12:57:31 P.M. Eastern Daylight Time, RachelBeasley @colliergov.net writes: You're very welcome. I realized upon sending you my response that I made an erroneous assumption that you were in opposition to the removing the affordable housing language in the letter dated July 29 2015 re Affordable Housing Commitment in Ordinance Number 2000-88 as Amended,the Cocohatchee Bay Planned Unit Development(PUD),PMC-P120150001668. I sincerely apologize for this.At this time I must ask if you are stating a concern or in opposition to the language removal from the settlement. Again I apologize for my assumption;please don't hesitate to contact me with any further questions. Best, Rachel Beasley From: Finogioraaol.com [mailto:Finoaior @ aol.com] Sent: Wednesday,August 05, 2015 6:31 PM To: BeasleyRachel Subject: Affordable Housing Number 2000-88 Grady Monor File Dear Rachel Beasley, Thank you very much for your kind reply. Appreciatively, Mr. & Mr. S. Giordano In a message dated 8/5/2015 6:15:30 P.M. Eastern Daylight Time, Finogior @aoLcom writes: Attachment D From: RachelBeaslevta'2colliergov.net To: Finogiort aol.com CC: SUmpenhour§gradyminor.com Sent: 8/5/2015 5:00:09 P.M. Eastern Daylight Time Subj: RE: Affordable Housing Number 2000-88 Grady Monor File Dear Mr.and Mrs.Giordano- Thank you for your response and concern. I would like to clarify the purpose of the letter dated July 29`h, 2015 re Affordable Housing Commitment in Ordinance Number 2000-88 as Amended,the Cocohatchee Bay Planned Unit Development(PUD), PMC-PL20150001668. The applicant is solely trying to remove the affordable housing contributions that the County Commission no longer requires in PUDs,Development Agreements,and Settlement Agreements(as is in this case).This is not related to any development plan of the applicant.Currently there is a process in the Collier County Land Development Code(LDC), LDC 10.02.13-Planned Unit Development(PUD) Procedures, E.Changes and amendments,3.Minor changes,c.affordable housing commitments,which the applicant requests to remove the condition relating to monetary payment for affordable housing. Please note I am not trying to change your opinion but rather clarify the facts and purpose of the received letter. Please feel free to contact me directly at 239-252-8202. If I receive no further response from you I will note your objection in my records. Best, Rachel Beasley From: FinogiorCalaol.com [mailto:Finogior@aol,coml Sent:Tuesday,August 04, 2015 6:15 PM To: BeasleyRachel Subject:Affordable Housing Number 2000-88 Grady Monor File Dear Rachel Arnold& D. Wayne Arnold AICP: My wife and I reside across the street from what we call, this possible disaster proposal, that is intended to destroy the tranquility of the area and reduce property value for sure. We are all for helping the less advantaged and we are part of that group. We are both retired and with no pensions. So we all are trying to keep above water in today's economy and we believe your development will eventually hurt us. Please keep us updated. Sincerely, Serafino & Carole Giordano 340 Horse Creek Dr. Naples, Fl 34110 631-6512606 Av-41s, 2.0 ) 1 — eAce--) eie-Psise, LIS 1 ----Raict fS r•-) 17, S71.- t421 P 1-7.4ere.s -73E Pre- ; 1.4 ii:31A/s5 , er- qig A s t)A g$ 64-21, ‘ rss -114YL oji P, • 2.4=7.1 o I 6 s vg-K .c1-0 1-1+7 rrb 0.1241- ES2sA r-t y t*40 ftrefs") 1-%-fee-ce-A-k 66- rr4-4,4e4-z-g C1-1.44e19 tivr2- ..-rice-)c 4- 1-01 eLK-e-elL S 4- 1 1 0 (5c a) ss- s- 44-G 11. . -.51c1- 1Z-GOiz- 1,1%i v-A . 47) MO adt41 3 s2-a-aik- fg ,7 AQQ,21- rj AL_ 1 /-7/ e5-644.ei.41 000 — es2/ ..z_ze.„_ f k .3-000 / 68 Zt/:e rhe .� (7/S (/ - a- „4 4 , -11afree-0 Y_,` L.ti Q -c.ec.� -�..- /} r 4-vc, c W.�-.f...-[/ lfr ��L'PYyiJ'Zr'�L {T vrr-�' 7fl rrt.Qe'j , y 44-42- e,,,v„EL "),L, T` j / 7- g-F/- 7oz. 7 I object to the Removal of affordable housing contribution commitments. Thomas P McCann 774 Wiggins Lake Dr. Nap/es, FL 34110-6009 -0,.„-7".,-,,,,.....- 774 Wiggins Lake Or At 202 Fr 1',1%,i1F ,, ,R1C rr ".7f.4 ''''. --"%t.-.:::,-- Naples,FL 34110 ......,,revitn, '......7. D.:1 ,44...)*; ..ints .pm •L •-•J (A \ --:-:' V' n Gi, 6k.401 IMM ) el 3goo Vis pel ei Y p21S) CP . gr,e,,)5 ,‘‘ , , 311/34/ 2i4.1..7.47s,=„q==,....-4 ( ia cx Attu.) 7,1-4/Atira-1• d (1,--j/e e.44 Hu-. ccfrefLei-44ii t-enth- 41-701 QVC " 44,0c,ft-, Zikni.sy-ii' ea; EAJ t)5 ./--/a 1.1' FPILi D rk-/schu6 cru) vieIj3 ) 3c ku_d foNx. (2.cul 4i :2.03 NAT tps 3z./.// i)- 7d/',L • • ElGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects • July 29,2015 RE: Affordable Housing Commitment in Ordinance Number 2000-88 as Amended, the Cocohatchee Bay Planned Unit Development(PUD),PMC-PL20150001668 Dear Property Owner, Please be advised that the sender has made a formal application to Collier County for approval of a minor char to the Cocohatchee Bay PUD, Ordinance 2000-88 as Amendedgy tT e Settlement Agreement and Release approved June 9, 2008, OR Book 4368 Page 2345, to remove affordable housing contribution commitments as permitted in the Land Development Code (LDC) Section 10.02.13E:3c-The County Commission no longer requires this type of a commitment and has instituted this process to allow property owners to remove this commitment from existing PUD's or Settlement Agreements. The affordable housing commitment in the Settlement Agreement and Release reads: 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or If the fee is less than the payment set forth, the County shall retain the excess payment. The commitment applies to the following described property: 532.09± acre parcel located on the northeast quadrant of Vanderbilt Drive and Wiggins Pass Road and has a small parcel that extends to U.S. 41, the property also extends west of Vanderbilt Drive in Sections 8,15, 17 and 20,Township 48 South, Range 25 East,Collier County, Florida. The afore-cited LDC section requires an applicant to provide written notice to property owners within a prescribed distance from the subject property. You are located within the prescribed distance. If no written objection is received, the request to remove commitments will be deemed approved. If a property owner who receives notice submits a written objection within 30 days of the mailing of the notice,the matter shall be scheduled for public hearing before the Office of the Hearing Examiner. If you have an objection please send your written objections to Q.Grady Minor&Associates,PA. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradymiaor.com .114. t....4 < .9 0 CIS • reti 0 c4=. =•-. 0 • ---- . 0 G) 'Ar2, IT1 0 -, --' 0 0=. n ri) = A, M -... , ...4.,..., ro (/) ...-- (46).-' 0 . ,...- , '.--... KJ •;.,:,n Ti mr . , ,.., .... 0 , .....-- k.,.....)0 „SI) , 3,••• _, irt) 14) (Th r ::. _. ......... — ....% to, "... in ......_ ‹---- , m in ..... u..... ) , .1) 1 ....7 , ' 6', 411=066, 6 .6... . 1 ."."...) 'NI rk...., „.... ...... ,..., }....,..7, . .".•,... 6 .a.• 1...-•"N 4C.,.'' L5' ..... ....... 4...„) .... rn .........- 77.3 e e .... .,., rti. -- i nC-4L. ) 1 to ...... r 0- 6.011146. C., ..••••.6 . (N) . . MOO ..... 1 6,Imi• 2.6 ' .."C.: ••• VP •• *4 Nem WO 11 A _ K...., ..... ;,..:.., .... ....c -c.) .... ..... ..... i„ • - . ...,...,, ..... .006 ftemr 5 ...sr . •••••• .....mi 6.6111111. RN. Saes .... on moss s .... AGENDA ITEM 4-B Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 22, 2015 SUBJECT: PETITION NUMBER: PDI-PL20140000640, TREE FARM MPUD (MIXED- USE PLANNED UNIT DEVELOPMENT) Applicant/Contract Purchaser: Landquest Group, LLC 5150 Tamiami Trail North, Suite 401 Naples, FL 34103 Property Owner: Agent: Thomas Monaghan TR—Tree Farm Land Trust Mr. Patrick Vanasse, AICP 24 Frank Lloyd Wright Drive RWA, Inc. Ann Arbor, MI 48105 6610 Willow Park Drive, Suite 200 Naples, FL 34109 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to Ordinance number 07-54, the Tree Farm Mixed-use Planned Unit Development (MPUD). to allow the following changes: - reduce the maximum number of residential dwelling units from 425 dwelling units to 281 multi-family/single-family attached/townhouse or 138 single-family detached units, - reduce the density generated from the Mixed Use Activity Center Subdistrict from 7.7 to 0 units/acre: - correct a scrivener's error by changing the density generated from the Urban Residential Subdistrict, Density Rand from 4 to 7 units/acre, - reduce the size of water management areas from 7.2 to 6.4 acres, - reduce the maximum total allowable square footage within the PUD Commercial Mixed-Use District from 175.000 to 120,000 square feet, Page 1 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 Def. 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O 3* 0 Z C 3n as z r z C * z-I ` m o H m 3 p A m- G1 • mD m Z mp O D A m Ca i Z p Z< > < m H 0 N m> O D N 7 D7op D D Z n Ie. c y r FTi m 7C S m 4— x m i H O z LANDQUEST GROUP Ill& IN 9 r.Ia TREE FARM MPUD ENGINEERING w $ I �t FlaiM Certificates W Au/14246.,El 1463 U 6912 Q, p 60 xa Lsw......wMwn o�wnwu2r�m s. ui E EXHIBIT A MASTER PLAN 6610wilew P.O Dm.,Sub 166 N.pl.;FL ee6a..wwca.n cow9.n IPal. axau x I : WOO wAv.cFNar mswnns Oflwe:1395970513 F.fe W9)191-6311 i KW.na mwPammr RMw COMMOn MlN AM,tut! x r,tau w4iwxenw6-rq..gn . wman erns me I - increase the maximum size of retail or office uses from 43,500 to 100,000 square feet; - add a deviation to permit residential components of the PUD to have a maximum wall height of 8 feet along the PUD perimeter and 12 feet along Collier Boulevard; - update various provisions to reflect the conveyance of a 7.42 acre parcel to Collier County; - amend residential development standards relating to minimum setbacks; - create a new Recreational Area section with permitted uses and development standards; - move clubhouse/recreation development standards from the Residential District section to the new Recreational Area section; - remove one transportation development commitment; - reduce the number of required raw water well easements from 2 to 1; and - amend the Master Plan to reflect existing PUD conditions and add a new Recreational Area along the western PUD boundary, GEOGRAPHIC LOCATION: The 58.84± acre subject property is located at the intersection of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. (Please see the Location Map on page 2.) Page 5 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 a•- �'a, N. ti ^� /j• N 4i. , s.,4,, 1 _ ' .444 /I N. �,. �.ivovvr j I • I _ • 11Fitr.- - "�, ,�.p 1kile tio (, SUBJECT --r-f ° X14 i, SITE I i I 11 I, ' ♦1 ##11914 ..,cam -i "'� i ` 1 - 'l '1 y. • 2 1 O-8 N Aerial Photo PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Tree Farm MPUD (Ordinance number 07-54) was approved on June 26, 2007. The PUD Ordinance allowed for 175,000 square feet of commercial uses and 425 residential dwelling units on 58.84±acres. The purpose of this PDI request is to make adjustments to the Master Plan, add a new Recreation Area tract, reduce the allowed density and intensity, reduce side and rear yard setbacks, add two deviations, clarify existing PUD language, and remove or amend language from the Development Commitment section of the PUD document which is deemed redundant with the current LDC or is no longer appropriate. Strike-through and underline changes have been made to the existing PUD document, and include the following revisions: Page 6 of 13 Tree Farm MPUO, PDI-P120140000640 October 12,2015 • A reduction in density generated from the Mixed Use Activity Center Subdistrict from 7.7 to 0 units/acre, to correct a scrivener's error by changing the density generated from the Urban Residential Subdistrict,Density Band from 4 to 7 units/acre; • A correction of a scrivener's error by changing the density generated from the Urban Residential Subdistrict, Density Band from 4 to 7 units/acre; • A reduction in maximum density from 425 residential units to 281 multi-family/single- family attached/townhome units or 138 single-family detached units; • A 55,000 square foot reduction in the maximum commercial intensity from 175,000 square feet to 120,000 square feet; • A 66,500 square foot increase in the maximum size of retail or office uses from 43,500 to 100,000 square feet; • Update various provisions to reflect the conveyance of a 7.42 acre parcel to Collier County for transportation improvements; • Amendment to Section 1.6 "Project Description" of the PUD document to include a potential project access point located at approximately 3/4 mile from the intersection of Collier Boulevard and Immokalee Road pursuant to the proposed Collier County Transportation roadway plans; • Addition of a wall height deviation to the PUD,and renumbering of existing deviations. The new request is for a deviation from LDC Section 5.03.02.0 which permits wall heights of 6 feet in residential zoning districts, to allow a maximum height of 8 feet along the perimeter of the PUD and allow a 12-foot wall/berm combination along the future Collier Boulevard Extension. (Please see Deviation Section of this Staff Report); • Removal of Signage Section 2.8 3. This section addresses temporary signage within the right of way reservation tract as this land has been conveyed to Collier County; • Revision to the Preserve boundary. The required Preserve was subject to a Compliance Agreement (see Attachment) in which the land owner/developer has to provide 0.51 acres of recreated preserve. The agreement does not stipulate a specific location for the preserve. The preserve is now located in a different location from that which was previously approved. • Revision to the Residential Development Standards Table to reduce the minimum side yard setbacks from 6 feet to 5 feet for single-family detached, single-family attached, townhouse,two family,patio and zero lot line units; • Revision of the Residential Development Standards table to reduce the minimum rear yard setbacks from 15 feet to 7.5 feet for single-family detached, single-family attached, townhouse,two family,patio and zero lot line units; • Revision of the Residential Development Standards table to reduce the minimum side yard setbacks from 15 feet to 10 feet for multi-family homes; Page 7 of 13 Tree Farm MPUD,PDI-PL20140000640 October 12,2015 • Addition of a footnote to the Residential Development Standards table to clarify how minimum yards shall be treated for corner lots. The note states: "For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway shall provide a 10-foot' setback;" • Relocate the clubhouse/recreation development standards from the Residential District section to the new Recreational Area section; • Addition of a new Recreational Area section with permitted uses and development standards; • Revision of old Transportation Commitment I (now H) to reflect the construction of Immokalee Road to Oil Well Road. • Revision of Utilities Commitment A to reduce the number of donated well sites from two to one and to relocate it to the northwest corner of the PUD; and • The elimination of Affordable Workforce Housing Commitment B pursuant to BCC direction in recent years. • Master Plan revisions including: o Reconfiguration of the internal layout of residential tracts; o Add a new Recreational tract along the western PUD boundary; o Reconfiguration of Commercial Mixed Use tracts along with an increase in the size of the water management lake for that area and a reduction in the number of individual parcels; o Reconfiguration of the recreated preserve; o Reduction in the size of the water management area from 7.2 to 6.4 acres; o Adjustments to the Land Use Summary table to reflect changes to the Master Plan; o Removal of the Legal Description from the Master Plan as it is a separate exhibit in the PUD Document; o Updating the labels identifying adjacent uses; o Adjustments to the PUD's access point locations pursuant to the proposed Collier County Transportation roadway plans; o Removal of setback dimensions associated with commercial parcels, as they are redundant with the Development Standards Table in the PUD document; and o Removal of potential raw water well sites, and depiction of one raw water well site at the northeast corner of the project with 50' x 80' dimensions identified. Page 8 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 � II Zoning, Comprehensive Planning, and Utilities Staff have reviewed the petition and are in agreement with the proposed changes. Environmental Review: Environmental Staff has also reviewed the petition and has the following comment: "A 2004 Phase I Environmental Site Assessment Update was provided with the submittal. However, the sampling does not meet the current LDC testing requirements. Testing in accordance with the new requirements is required through the Plans and Plat submittal currently under review. Certification from FDEP of any required site contamination remediation shall be provided prior to preconstruction meeting or any site work." DEVIATION DISCUSSION: The petitioner is seeking one new deviation from the requirements of the LDC. It is Deviation#2 and is found in PUD Section 2.7 Fences and Walls. Deviation#2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination along the future Collier Boulevard Extension. Petitioner's Rationale: The proposed deviation will allow for additional visual screening and noise attenuation from the traffic along the Collier Boulevard Extension and from existing and potential nursery or agricultural uses to the west. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Therefore, 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." ANALYSIS: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to Page 9 of 13 Tree Farm MPUD,PDI-PL20140000640 October 12,2015 be reviewed before they can be approved. The criteria and a response to each criterion of 1O.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the Tree Farm MPUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5)acres in area? No,there is no proposed decrease in preservation, conservation,recreation, or open space areas within the development in excess of five (5)percent of the total acreage. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed insubstantial change will not increase the size of institutional, commercial, industrial uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this insubstantial change. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? Page 10 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed changes will not bring about any changes to an abutting land use that would be incompatible with an adjacent land use. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modifications to the PUD ordinance do not increase the intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec.2.7.3.5.4 or Sec.2.7.3.5.6 of this Code. The Tree Farm MPUD is not a DRI,therefore,this criterion is not applicable. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above,the proposed changes are not deemed to be substantial. NEIGHBORHOOD INFORMATION MEETING (NIM): The agents conducted a duly noticed NIM on August 31, 2015. Please see the attached copy of the NIM notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Tree Farm MPUD, PDI- PL20140000640,on October 6,2015. Page 11 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000640, Tree Farm MPUD. Attachments: A. Ordinance number 07-54, Tree Farm MPUD B. Proposed Tree Farm MPUD Ordinance C. Consistency Review D. Compliance Agreement E. NIM Notes Page 12of13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 PREPARED BY: 1, kt,k, 2015 NANCY DLA 4 H, AICP, PLA DATE PRINCIP LA. ' ER ZONING DIVISION REVIEWED BY: RAYM '°D BELLOWS, ZONIN ANAGER DATE ZONIN I IVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION Page 13 of 13 Tree Farm MPUD,PDI-PL20140000640 October 12,2015 PDI-PL20140000640 REV: 1 6+ 4. ORDINANCE NO.07- 54 is � g, / AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 8t(21//54." AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A)ZONING DISTRICT TO THE MIX;D-USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE TREE FARM MPUD CONSISTING OF A MAXIMUM OF 175,000 SQUARE FEET OF COMMERCIAL USES AND A MAXIMUM OF 425 RESIDENTIAL UNITS - LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (CR 846)AND COLLIER BOULEVARD(CR 951),IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 58.84*ACRES;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,Robert Mulhere, AICP,of RWA, Inc.,representing the Tree Farm Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property,known as petition PUDZ-2005-AR- 8284. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agricultural(A)Zoning District to the Mixed-Use Planned Unit Development(MPUD) Zoning District for a project to be known as Tree Farm MPUD consisting of a maximum of 175,000 square feet of commercial uses and a maximum of 425 residential units in accordance with the Tree Farm MPUD Docrmment,attached hereto as Exhibit "A" and incorporated by reference herein.The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41,as amended,the Collier County Land Development Code is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this 2L day of ,2007. PUDZ-2005-AR-8284/MD/sp 1 of 2 Attachment A BOARD OF COUNTY COMMISSIONERS :•..DNIRGHT 141101CK,CLERK COLLIER COUNTY,FLORIDA , • •, . . • '• I By: "Mir*estaba. 141817 Clerk • I .COLEITA,CHAIRMAN Approved as to form and legal sufficiency: 41.1 J'64,i_044,4* Leci4, "orieJM.Student-Stirling Assistant County Attorney This ordinance filed with the Secrelary of Stote's Office th -3-rdoy of XILL4/.....„ and acknowledgement of that fin ived this 'yit-ida, of PUDZ-2005-AR4254/IND/sp 2 of 2 Pkita.1*-f D.voy CNA TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST 2600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES,FLORIDA 34105 PREPARED BY: PWTAN(SULTTING JILL VV1JR. 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and GEORGE L. VARNADOE,ESQUIRE PASSIDOMO, CHEFFY&JOHNSON,LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES,FLORIDA 34112 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND APPEAL: EXHIBIT"A" C:1Doc uncnts and Setcngalsandrahenaa\Local Settingfliencorary hamlet Fila10LKlC912007-07-02 MPU[)Mal County a orncy revisions).doc 1 of 26 _ I TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) SECTION V PRESERVE DISTRICT(P) SECTION VI DEVELOPMENT COMMITMENTS CADocunxnta and Settings\sandraherraa\Local SehegslTc porary Internet FiikaWIXIC912007-07-02 MAW(final County attorney reviiiota).doc 2 of 26 LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" LEGAL DESCRIPTION EXHIBIT"C" SCHEDULE OF DEVIATIONS EXHIBIT"D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT C,1Docwnents and Se►rinBs'slydraherreralLocal Settings\Tengorety Internet F-ks1QLKIC912007-07-02 MPUD(tiiml Cowdry Lawny revisions).doe 3 of 26 STATEMENT OF COMPLIANCE The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development(MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective 1 of the Future Land Use Element(FLUE),all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and the future Collier Boulevard (C.R. 951) Extension. This strategic location will allow superior access to the site,and provide an ideal location for commercial activities. The project is a mixed use development located within,and less than one mile from, an Activity Center. Therefore,the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses(Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore it will implement,and further Objective 2 of the FLUE, Objective 8 of the Transportation Element,Objective 1.2 of the Sanity Sewer Sub-Element. . 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: C.1Donntrrna and ScangsMardraherreraLLncal Settingsvrmrporary Intemet Fd es1OLKI C912007-07-02 MPUD(final County attorney Yevbions)-doc 4 of 26 .... .,,,..,,,,,„.0„. 5.., ,,, e-,- .',47'1,,,7'',7,',i'''rir..-,.1!:'.`"Alt:" .y..'f•'?,k.•:";-"#1,p,..4. a • r .. • t ..5 :_4.3,:-re.„,;,,T-Its!,,, fi",, a ve a . 40<r ; 3 +`. , r .• ' r`� I. :� u, Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density _Band Total __58.84 N/A N/A 9.85 580.00* Table IA: FLUE Eligible Density(*Rounded) 7-",-rtla"..,p,5-,Av. f;,--,-L--Th.I ! w'd'!}x/ g -RYi[ inn :7.4,,1!,,,-.'+.r - Mixed Use Activity 18.69 7.70 16 143.91 Center Subdistrict Urban Residential 40.15 4.00 7 281.05 Subdistrict, Density Band Total Kill 7.22 9.85 425.00* Table IB: MPUD Density(Rounded) 7. The MPUD sets forth a maximum density of 425 dwelling units or 7.22 dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density generated from the Activity Center shall be constructed within the Activity Center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. CADocumenta and Settinseaa dra ta\Local SeningsSTengonry Internet FilesloLKIC912007-07-07 MPUD(furl County attorney levisipn).doc 5 of 26 SECTION I PROPERTY OWNERSHIP AND 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 the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA. PARCEL 1: THE EAST HALF(1/2) OF THE SOUTHEAST QUARTER(1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING ANT) RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER(1/4)CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; C:Doaunente and&ningsna�aherrcra‘Local Saenga'Tenporary Internet Fil s1Ol.i(IC912007-07-02 MPUD(final County attorney rcvtetons).&c 6 of 26 THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W.,A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S.Monaghan(Folio: 00187400000,00187400002,and 00188040005) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust. All reference to the "developer" as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance,or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of±58.84 acres located in the northwest corner of the intersection of Immokalee Road(CR 846)and the future extension of Collier Boulevard(C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±7.2 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including,but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. C:1Documarts and Settisslsadrahaseea\Lood SellinplTanporary Internet FllesnDLICIC912007-07-02 MPUD(final County attorney tevisiouc).doc 7 of 26 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern*18.65 acres of the property, located within Activity Center #3, shall allow for a variety of commercial and residential uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps,restaurants, banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from the future extension of Collier Boulevard(C.R. 951)and will include an access point off Immokalee Road, when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from the future extension of Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; and a full median opening at approximately one- half(1/2) mile from the Collier Boulevard, Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, the project is designed to provide for adequate land to accommodate the extension of Immokalee Road, the possibility of an eventual six-laving of Collier Boulevard (adjacent to the project), and for the future widening of Collier Boulevard,including intersection improvements and potential relocation of the Collier Boulevard canal to facilitate such intersection improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. C.Docantent,and Sruma tsaMnhernerall ocal SettinplTen poray Intent Filas'OLKIC9%2007-07-02 MPVD(final County limey revono).doe 8 of 26 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development (MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK (-Macaroons and Se ttingstaandtahenenU.ocal Setony\Tenporary Intend FiIc OUCIC912007-07.02 MPUD(Anal County attorney revisions)doc 9 of 26 SECTION H PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A", MPUD Master Plan. There shall be three land use districts, portions of which may include water management lakes or facilities, and private rights-of-way. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS "C" COMMERCIAL MIXED-USE ±18.69 "R" RESIDENTIAL ±39.64 "P" PRESERVE ±0.51 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation for future extension of Immokalee Road, expansion of Collier Boulevard, and improvements to the intersection of these two arterial roadways. This right-of-way reservation includes 4.34 acres within the "C"Commercial Mixed-Use Tract(Activity Center)and 3.08 acres within the "R"Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to±39.64 acres. B. Intensity: A maximum of 175,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 143,500 square feet may be retail and the balance(above 143,500 square feet)is limited to office use, as set forth in Section 3.3 of this MPUD. C:iDocmnnd,and SrftmpWrrralaeen\Local Settip Ten,otary Iruemet FIIesUOL ICIC9V007-07-02 MPUD(final Comity attorney revisions).doc 10 of 26 C. Approved Density: A maximum of 425 residential dwelling units may be constructed in the total project area. The gross project area is 58.84+ acres. The gross project density, therefore, will be a maximum of 7.22 dwelling units per acre. A minimum of 15 percent of the density generated from the Activity Center acreage shall be constructed within the activity center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tract identified as "P," contain 0.51 +/- acres, fully satisfying the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement J p entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"D". 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet(50'). Deviiatlon #1 from Section 6.06.01(0) of the LDC Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. CADocmynas and Semngtlundnhe?ea\L.ocat Settinfs\Temporary Internet Ftka1OLKIC9U2007-07-02 MPUD(find County attorney mvisbas).doe 11 of 26 2.7 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the Iocation of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development,and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION#2 2. One off premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building, structure or use. DEVIATION#2 3. Signage, as permitted by the LDC or this MPUD, may be placed within the right-of-way reservation tracts with approval from Collier County Transportation Services Staff, provided that any such signage be removed or relocated outside of the right-of-way reservation tract within which the subject sign is located, within 60 days of written request to do so by Collier County Transportation Services Division. The County shall bear no responsibility for any costs to remove or relocated such signage. C:\Docut ents and Salings lndnhenenEocsl Settinsaenponry Internet F0es1OLK IC912007-07-02 MPUD(final County attorney mrniom).doc 12 of 26 • I • SECTION III COMMERCIAL MIXED-USE DISTRICT(C) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions,to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 ± acre commercial area (District "C"), is limited to a maximum of 175,000 square feet of commercial/office uses, of which a maximum of 143,500 square feet may be retail and the balance (above 143,500 square feet) is limited to office use. A minimum of 5,000 square feet shall be developed with professional or medical office use. A minimum of 15 percent of the density generated from the Activity Center acreage shall be developed within the Commercial-Mixed-Use District, and the balance of the density generated from the Activity Center acreage may be developed within 1/3 mile of the Activity Center boundary. No more that 50%of the allowable commercial square footage may be developed prior to the development of at least one-half of the minimum required dwelling units within the Activity Center, and no more that 75% of the maximum allowable commercial square footage may be developed prior to the development of the remaining 50% of the minimum required residential dwelling units within the Activity Center. 3.3 PERMITTED 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: A. Principal Uses': 1. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 —Paint glass,and wallpaper stores; 4. Group 5251 —Hardware stores; I Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1987 Edition. C:\Documents and SettinsOun raherreraUml Settings\Tentporary Internet Files MC IC912(07-07-02 MPUD(final County attorney revisions/dee 13 of 26 5. Group 5261 —Retail nurseries,lawn and garden supply stores; 6. Major Group 53—General merchandise stores. 7. Major Group 54- Food stores. 8. Group 5531 — Auto and home supply stores, not including any installation facility; 9. Group 5541 —Gasoline stations,not including service facilities; 10. Group 7542—Carwashes only. 11. Industry Group 555—Boat dealers. 12. Major Group 56—Apparel and accessory stores. 13. Major Group 57—Home furniture,furnishings,and equipment stores. 14. Major Group 58—Eating and drinking places. 15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 — nonstore retailers; 598—and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64,65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 — Hotels and motels. The maximum floor arca ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 —Laundry, cleaning, and garment services, only including Group 7211 —power laundries, family and commercial, Group 7215— Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723—Beauty shops d. 724—Barber shops; e. 725—Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. C:1Documents and Settitgslsaudrahetsera\Local Settings\Ten,orary Internet Filcs'OLKIC912007-07-02 MPUD(Anal County attorney rcrisions).doc 14 of 26 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; c. 735—Group 7352—medical equipment rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 —computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384,photofinishing laboratories. 21. Group 7513 — Truck rental and leasing, without drivers; Group 7514 — passenger car rental; Group 7515 —passenger car leasing; and Group 7519— utility trailer and recreational vehicle rental. 22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 — repair shops and related services,not elsewhere classified. 23. Group 7832 — motion picture theaters, except drive-in, and Group 7841 — video tape rental. 24. Major Group 79 — Amusement and recreation services, for the following industry numbers: a. Group 7911 —Dance studios,schools and halls b. Group 7922—Theatrical producers(except motion picture)and Group miscellaneous theatrical services c. Group 7941 —Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 —Physical fitness facilities e. Group 7999 — Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction,sporting goods rental only. 25. Major Group 80—Health services for the following industry groups: a. 801 —Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803—Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. 26. Major Group 807—Medical and dental laboratories for the following industry numbers: a. Group 8071 —Medical laboratories; C:IDocumem,rd Settingslsandraherrer1u caI Seoirop\Terr;,orary insernat Fiea1OLKIC912007-07-02 MPUD( nai County attorney revisions}doc 15 of 26 b. Group 8072—Dental laboratories. 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 —Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research,and management for the following Industry Numbers: a. Group 8711 —Engineering services b. Group 8712—Architectural services c. Group 8713—Surveying services d. Group 8721 —Accounting,auditing and bookkeeping services e. Group 8732 — Commercial economic, sociological, and educational research f. Group 8741 —Management services g. Group 8742—Management consulting services h. Group 8743--Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined wider Major Group 91 — Executive, legislative, and general government, except finance. 32 Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Parking facilities and signage 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. CADocuments and SeuntitsMandraltenenALocal SenineskTengarary[memo Fila\KIC912007.07-02 MPUD(fatal County attorney avisiom).dec 16 of 26 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA 10,000 sq.ft. ,14/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS(External) From Inmtokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Project Boundary 25 ft. 15 ft. MINIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. loft. Side lO ft. lO ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. 10 ft. or 1/2 the sum of 10 ft. MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT Retail Buildings(with or without residential uses) 50 ft. 62 ft.*** 35 ft. Office Buildings(with or without residential uses) 65 ft. 77 ft.*** 35 ft. MINIMUM FLOOR AREA 1,000 sg ft.**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA 175,000 sq.ft. N/A * No structure may be located closer than 20 feet to the top of bank of a lake(allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. *** This is an estimate of Actual Height given the LDC definition thereof, and the following facts and assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum Zoned Height limit;and c)the Actual Height cannot be fully ascertained until an applicable Site Development Plan is submitted. ****Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. Total allowable commercial square footage is 175,000 square feet;however no more than 143,500 may be retail and the balance,above 143,500 square feet,if developed,shall be office. C:1Doaenents and SeninglvrdnheneraLLocal SettinsetTattpotary Internet Files 1OLKIC912007-07-02 MPUD(ITnd County attorney revision).doc 17 of 26 SECTION IV RESIDENTIAL DISTRICT(R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 residential dwelling units. Since 15% of the density generated from the Activity Center acreage are required to be developed within the Commercial Mixed Use District,and the remaining density generated from the Activity Center acreage must be developed within 1/3 mile of the Activity Center boundary (as depicted on Exhibit A, the MPUD Master Plan), the remainder of the dwelling units may be developed north of the line on the MPUD demarcating the 1/3 mile distance from the Activity Center boundary.For the purpose of calculating the project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 4.3 USES PERMITTED 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: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes,two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access), and shall not exceed 2,000 square feet in aggregate. No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. C:\Doc u, nt,and Settinp\atuden*ndLoeal Settings\Temporary Internet FilWOLKI54\2007-07-02 MPUD(fou!County attorney revisions)doe 18 of 26 B. Accessory Uses: 1. Customary accessory uses and structures including,but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts,tot lots,playgrounds and other outdoor recreation facilities. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. Minimum Residential Density within Activity Center: A minimum of 15 percent of the density generated from the Activity Center shall be constructed within the 18.69 acre Mixed Use Activity Center portion of the project, and the balance of the density accumulated from the Activity Center may be developed within 1/3 mile of the northern boundary of the Activity Center,or within the Activity Center. THIS SPACE INTENTIONALLY LEFT BLANK C.\Docwnenn and Seningsksandnlxrrcm Lnc,I SettingsATetttporaty Internet Filen\DIXIC912007-07-02 MPUD(final County attorney nasi ona).doe 19 of 26 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO'•2& CLUBHOUSE/ FAMILY ATTACHED& ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS4 PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MN FRONT YARD 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 0 FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 20 FEET or N/A %ZONED BH, WHICIHEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE 42 FEET 42 FEET 42 FEET 50 FEET 50 FEET ACTUAL HEIGHT° 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET N/A SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A PRESERVE SETBACK 1 10 FEET 10 FEET 10 FEET 10 FEET N/A MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE NOT TO EXCEED 42 FEET 42 FEET S.P.S.:Same as Principal Structures. NTE:Not To Exceed BH:Building Height General Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. 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). Setback from lake easements for all accessory uses and structures may be zero feet(0). C:Wxunents and Settings Nsandoherrara1Lnca1 Seldris\Tentpowry lnlcnict Files\OMK'0912007-07-02 MPUD(final County attorney mvions).doc 20 of 26 No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement,shall encroach into a required landscape buffer tract or easement. Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0) on one side and six feet(6) on the other side in order to provide a minimum separation between principal structures of twelve feet(12). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet(23), as measured from the back of sidewalk. Side loaded garages may be located less than twenty-three feet(23)feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4) Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on the clubhouse tract, neither the clubhouse or any other recreational structures shall be located closer than twenty (20)feet from any residential building or residential or preservation tract boundary. 5) This is an estimate of actual height given the LDC definition thereof and the following facts and assumptions:a)the property is not located within a flood zone;b)the actual height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum zoned height limit;and c)the actual height cannot be fully ascertained until an applicable site development plan is submitted. THIS SPACE INTENTIONALLY LEFT BLANK C:1Docmnents and Sattiny\sanrdunera Local Sening\Tan oaary Internet Pilee)IKI 0912007.07-02 MPUD(find County attorney revisions).doc 21 of 26 SECTION V PRESERVE AREA(P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands,including upland buffers,in their natural,and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance with the applicable provisions of the LDC. C:\Documertts and Settingakndaherrera\ocal Settings\Temporary Internet FOOatOIKIC912007-07-02 MPUD(fitrt Covey attorney morons).ISIOns}roc 22 of 26 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer,its successors or assignee,shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. B. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. C. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. C:\Documents and Seltingsnaodrsh,,enH.oCal Settings\7emporary Intense!FilesNOLXIC912007-07-02 MPUD(final County ntlomcy revisions).bbc 23 of 26 D. The applicant shall reserve rights-of-way for the future Collier Boulevard extension and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A,B, and C,totaling 7.42+/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B)all lands reserved as depicted on the MPUD Master Plan(as noted herein)within 90 days of written request of the County. E. The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy(CO)within the MPUD. F. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD,in accordance with South Florida Water Management District permitting requirements. G. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection,including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes. H. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. I. No certificate of occupancy(CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to I-75 2. Immokalee Road from Collier Boulevard East to 43rd Avenue N.W. 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. C.1Docurnents and Settings Wndraherrera\..ocai Settings\Tetrgorary hamlet F17al=ICc'2007-07-02 MPUD(final County attorney tevisions).doc 24 of 26 J. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the developer shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve two areas to be granted as easements to Collier County for raw water wells. The dimensions of these well easements shall not to exceed 100 feet by 100 feet. The approximate location of these well easements is depicted on the MPUD Master Plan. The northerly raw water well easement site is located at the northeastern corner of the MPUD, and can be accessed from Immokalee Road Extension. There are two possible locations for the southerly raw water well easement site, Option A is located on the westerly boundary of the project, south of the "P" Preserve Tract, and is adjacent to an internal drive which, if selected, will include the necessary access and utility easements. Option B is located at the southeast corner of the project and is located adjacent to Right-of-way Reservations Tracts A and B, and can be accessed from Immokalee Road Extension. The grant of these easements shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the respective well easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. The developer shall also provide a temporary access easement within Right-of-way Reservation Tract C should the Collier County Utilities Division require access to the well sites prior to the grant of said right-of- way to Collier County. 6.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE-WORKFORCE HOUSING: A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150%of the median income as calculated annually using the Collier County median CADocunenh and Se tingeipnMherreralLocd SernageNTen4oriry Interna FOeMOLKJC9\2o07-07-02 MPUD(final County attorney teviaions).doe 25 of 26 income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to $321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. B. The applicant shall make voluntary contributions to the Collier County Affordable Housing Trust Fund of$1,000 per dwelling unit and $0.50 per commercial square foot built in the project. THIS SPACE INTENTIONALLY LEFT BLANK C:tDocunrents and Settingslaandral«cmntLacal Seninserenatotaty Internet Pites*OLK1C9t2007-07.02 MPUD(final County attorney revisionstdoc 26 of 26 I 1 t ! f , A. . .4 j. a-i- --- ..1 II 1 z t -- -7 ir, � 3 i. , p y. 1.---_ 0 .1 i. ' - --' • 1 IP 1 iti- "7. 2c-6- r 7 3 1. �.4 1. I ti F. . . r t ft ,+.• 1 r 'lan tans NJ O1 g rt Cri z u.54› It w� t7 1 t , .•air`s/l w!droeimmikIlir Q .1 4 J y # q F J# 4' :,k, ,, 4* k I ,,„,, g f_ , , ! ,, ,, ,,,„,. g il,. ,.,' , ,„,,,. .. _____............ c.,,,,,,,,.„,,,;,„,, ,„ ii 9' F*v. t1 i l41.w 31 4 : ! , , , , t; , ,,,, . • „„.., , , . .. ... ... filt: - I • ) A440040104400 VW . 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E t" >1' HI z 1 : ...2) • 1 --— rx . M= .I ... . , ... „,, ... TREE FARM DC. ..... LAND TR UST TREE FARM MPUD ril JAZ# 716.1" ..... ... . ........ I P CONCEPTUAL WATER .A.t CIL i goler'iyisallirliabeimples MA N A GEMENT PIA.‘r ''',7:-::•-....."'",.,=er*'"" ''""^...,r,=;,.. -................., 1 ; , • .. r If I if; a t': �.y..1 6.�,' �,y�� y-.ii . Ii ! c ' .... . - pro•-• ( --77:—',:, :.1 .. • +.'s'—.r • I I �' 03•.. .•...;lh,,. .ice. '-r""''_fir r 'r „, Rte Vgj Z rjf.liifay • �+ . 4' 1 ' =41!ti,i r 8aA00 `�777dfi : rdltloodoazoa II n/A7AAAa9AA'+' 0.;:-u'tr. 0aa:i,E061.' •, R �oannanci _ N �� - 7 IM =� 1 p> �r.,..iir00iq�pq x '� �I ii dz a7a�a Y �' �; is F 1..3 _. . I* , Cri oa nr.1017 .1 ---% t CI) tull aoa uoo.• oobfloa'.a o s° Jr -- ,C..7,71'- ,,.1 OQa000C, a2C0: • t ,, Ilaadoboa 4WD yr a - - O: _ fi 4 g___ .If I z ..i 1 b g c., , H____ __________ r„ 1 NI i g1 rll Ilii A ! bd le l 1 � 1 �.• TREE FARM ..r LAND TRUST TREE FARM MPUD A �'* CONCEPTUAL WATER. R:Vill I..q,.rr...] mmkMappm4lA:NAGEMENT PLAN ,.......... Ronan.Pawn Su. %now"M • • ...... — 4.• g2 34 e 7 4 ! f / ' I ItR I j 1 4. 1 I N:0.; I N�. Ili I ! ...ti tvi4 T I 1tC �'" r t xE [-I A3' k. t 11 a r 't ! i 1 41! S•IS 1 1 I .-+ \--- - zr !i I � v r —E i r ( ;Ate I • a 11 T-I I�• r.i I n 3 n P- a L . L___. J i)4;. 1 , �Y .'v•� TREE F.1RN . .W r.iD TRUST TREE FARM MPUD A- ..st•..« .v. 3 •s r , 11.11 •.nr..r0.Margot " (R(7� SECTIONS I i Arn-.1•.wnalanrpiis I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-54 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk. ' Ex-officio to Board o.f County Commissioners6CMFIrt. Teresa Polaski, Deputy Clerk TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST ' 600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES, FLORIDA 34105LANDOUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34103 PREPARED BY: P1TK C:C)NSULTING ivv ENGINEERING t . i 6610 Willow Park Drive Suite 200 Naples, Florida 34109 and GEORGE L. VARNADOE, ESQUIRE PASSIDOMO,CHEFFY &JOHNSON, LLP 821 FIFTH AVENUE SOUTH. SUITE 201 NAPLES, FLORIDA 34112R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5111 AVENUE SOUTH NAPLES. FLORIDA 34102 Text tmderlincd is added:Text is deleted, TREE FARM MPUD PL20140000540 .+a6-400c:ab r4.3QJ1 Attachment B 1 of 29 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: EXHIBIT "A" TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT (C) SECTION IV RESIDENTIAL DISTRICT (R) SECTION V RECREATIONAL AREA (RA) SECTION VI PRESERVE DISTRICT(P) SECTION VII DEVELOPMENT COMMITMENTS IText underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 htiv400ctober 4.2Q15 2 of 29 LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" LEGAL DESCRIPTION EXHIBIT"C" SCHEDULE OF DEVIATIONS EXHIBIT "D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA IText tuedcrihmd is addod:Text etraehAvedisiiis deleted TREE FARM MPUD P120140000640 314r-29Oitvbcr 4.2015 3 of 29 STATEMENT OF COMPLIANCE The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+7- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective 1 of the Future Land Use Element(FLUE), all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and the future Collier Boulevard (C.R. 951)) Com. This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore, the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses (Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01. adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: Text tutdcrtirtcd is added.Text is deleted TREE FARM MPl719 PL20140000640 n+- �`>i r: -,2915 4 of 29 FLUE Designation Acres Eligible Base Eligible Total Eligible +/- Units/Acre Bonus Eligible Gross Density/Acre Density/Acre Density Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density Band Total 58.84 N/A N/A 9.85 580.00* Table IA: FLUE Eligible Density(* Rounded) FLUE Designation Acres MPUD Density Eligible MPUD Gross +/- Units/Acre Density/Acre Density Mixed Use Activity 18.69 7.700.00 16 143.910.00 Center Subdistrict Urban Residential 40.15 4:097.00 7 281.05 Subdistrict, Density Band Total 58.84 7.224.78 9.859.86 425281.00* Table IB: MPUD Density(*Rounded) 7. The MPUD sets forth a maximum density of 125 281 dwelling units (281 multi-family/single family attacheditownhouse or 138 single-family detached units) or 7,224.78 dwelling units per acre. . _a. .• - • , _ . . . - - _ , - , Tho pecti o f the project wi •;eThe Activity Center shall be: developed at a human scale; pedestrian-oriented: and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. Text wxkriincd is added:Text samelmitrettlesn deg* TREE FARM MPUD PL20140000640 0-290elebet 4.201$ 5 of 29 SECTION 1 PROPERTY OWNERSHIP AND 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 the Tree Farm MAUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (I/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4)CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; IText wyfcrhne4. added:_Text*as Iw,,t h is deleted, TREE FARM MPUD PL20140000640 ittb- Detetm-d.2015 6 of 29 THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S. Monaghan (Tree Farm Land Trust) (Folio: 00187400000, 00187400002, and 00188040005) Collier County (Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier County—OR4413 PG 3834) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or aassignee. All reference to the "developer" as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of±58.84 acres located in the northwest corner of the intersection of Immokalee Road (CR 846) and h future extensio_ of Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately f6_4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: Text uncivilised is isidal.TCM sirxek-dam is Was& TBL EI RM MPUD. et,d0140000640 Pt-4tiktdb,:r 4.2011 7 of 29 storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern ±18.6-5-69 acres of the property, located within Activity Center #3, shall allow for a variety of commercial anti residential-uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recreational portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves)and active recreational opportunities. Access to the property will be from thef•ture extension ofCollier Boulevard(C.R. 951) and will include an access point off Immokalee Road, when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from the fut 3i1ten_ on °` Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, lmmokalee Road intersection; arra full median opening at approximately one- half(1/2) mile from the Collier Boulevard, Immokalee Road intersection; and an optional right iniright out access at approximately three quarter (3i4) mile from the Collier Boulevard/'Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, this project has provided adequate land to accommodate the widening of lmmokalee Road and Collier Boulevard. including intersection improvements and the reconfiguration of the Immokalee canal to facilitate such improvements. Additie imp IText underlined is added:Text ennada-tiffetiduidcktCd. TREE FARM MPUD PUQ14000064( b-ZQOctobvr 4.2015 8 of 29 The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. i Text underlined is added;Text is deleted. TREE FARM MPUD P420140000640 July-29October 4.2015 9 of 29 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK Text underlined is added:Text stritsis-theaues is deleted. TREE FARM MPUD PU0140000640 3ev-a9October 4.2015 10 of 29 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A", MPUD Master Plan. There shall be three four land use districts, portions of which may include water management lakes or facilities, and private rights-of-way or drive aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table 1. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE 1ACREAGE "C MU" COMMERCIAL MIXED-USE ±18.69* "R" RESIDENTIAL ±39.6139.19 "P" PRESERVE ±0.51 "RA- RECREATIONAL AREA ±0.45 TOTAL 158.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation conveyance for --.Collier Boulevard, expansion of. /mmokalee Road , and improvements to the intersection of these two arterial roadways. This right-of-way ratierrconveyance includes 4.34 acres within the "G!4MU" Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the "R"Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to ±39.6439.19 acres. B. Intensity: A maximum of 175,009120,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,00043 00 square feet may be retail or office and the balance (above Text underlies is added;Text is deleted. TREE FARM MPUD PL2Q140000640 3uiy 4October 4.2015 11 of 29 113.500100,000 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. C. Approved Density: A maximum of.125 281 multi-family/single-family attached/townhouse units or 138 single-family detached residential dwelling units may be constructed in the total project area. The gross project area is 58.84± acres. The gross project density, therefore, will be a maximum of 7.221.78 dwelling units per acre. A minimum of 15 prejeet—withiii—thee The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tracts identified as "P," contain 0.51 +/- acres;and fully satisfying the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"D". 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01(0) of the LDC, Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.7 FENCES AND WALLS Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm Text wtderliad is added;Text steais deleted. TREE FARM MI'IJD P110140000640 J.04-e9OcaGbet 4.2015 12 of 29 combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be a minimum of 3' in height. X2;8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION#2•3 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building, structure or use. DEVIATION #2 3. - ! • � a, • County Transportation Services Division. The County shall boar no Text underlined is added;Text is deleted. TREE FARM MPUD P1.20140000640 ax+s 29Ortol r=.2015 13 of 29 SECTION III COMMERCIAL MIXED-USE DISTRICT(C/MU) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C/MU", Commercial on Exhibit "A". MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 ± acre commercial area (District "C"), is limited to a maximum of 4;67000120 000 square feet of commercial/office uses, of which a maximum of 4300.100,000 square feet may be retail or office and the balance (above 444~500100,000 square feet) is limited to office use. i - - 3.3 PERMITTED 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: A. Principal Uses': 1. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 —Paint glass, and wallpaper stores; Reference Executive Office of the President.Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition. IText underlined is added:Text is deleted. TREE FARM MPI,JD F1..20140000640 !u41---240esc=bcr..2015 14 of 29 4. Group 5251 —Hardware stores; 5. Group 5261 —Retail nurseries,lawn and garden supply stores; 6. Major Group 53 —General merchandise stores. 7. Major Group 54-Food stores. 8. Group 5531 — Auto and home supply stores, not including any installation facility; 9. Group 5541 —Gasoline stations, not including service facilities; 10. Group 7542—Carwashes only. 11. Industry Group 555—Boat dealers. 12. Major Group 56—Apparel and accessory stores. 13. Major Group 57—Home furniture, furnishings, and equipment stores. 14. Major Group 58—Eating and drinking places. 15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 — nonstore retailers; 598—and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 — Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 —power laundries, family and commercial, Group 7215 — Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723 —Beauty shops d. 724—Barber shops; e. 725 —Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair Text underlined is added:Text is deleted. TREE FARM MAID PL20140000640 Jul 4October 4.2015 15 of 29 weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 - Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 - Mailing, reproduction, commercial art and photography, and stenographic services; c. 735 -Group 7352 -medical equipment rental and leasing; d. 737 - Computer programming, data processing, and other computer related services, not including Group 7371 - computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384,photofinishing laboratories. 21. Group 7513 - Truck rental and leasing, without drivers; Group 7514 - passenger car rental; Group 7515 -passenger car leasing; and Group 7519 - utility trailer and recreational vehicle rental. 22. Group 7631 - Watch, clock, and jewelry repair, and Group 7699 - repair shops and related services, not elsewhere classified. 23. Group 7832 - Motion picture theaters, except drive-in, and Group 7841 - video tape rental. 24. Major Group 79 - Amusement and recreation services, for the following industry numbers: a. Group 7911 -Dance studios, schools and halls b. Group 7922-Theatrical producers (except motion picture) and Group miscellaneous theatrical services c. Group 7941 -Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 - Physical fitness facilities e. Group 7999 - Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80- Health services for the following industry groups: a. 801 - Offices and clinics of doctors of medicine; b. 802 -Offices and clinics of dentists; c. 803 -Offices and clinics of doctors of osteopathy; d. 804-Offices and clinics of other health practitioners. Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 ,30ctrbcr 4.2015 16 of 29 26. Major Group 807—Medical and dental laboratories for the following industry numbers: a. Group 8071 —Medical laboratories; b. Group 8072—Dental laboratories. 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 —Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Group 8711 —Engineering services b. Group 8712—Architectural services c. Group 8713 —Surveying services d. Group 8721 —Accounting, auditing and bookkeeping services e. Group 8732 — Commercial economic, sociological, and educational research f. Group 8741 —Management services g. Group 8742—Management consulting services h. Group 8743 —Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined under Major Group 91 — Executive, legislative, and general government, except finance. 32 Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. Ted underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 3449Octobcr 4.2015 17 of 29 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS(External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Project Boundary 25 ft. 15 ft. MINIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side loft. IO ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. 10 ft. or 1/2 the sum of 10 ft. MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT Retail Buildings(with or without residential uses) 50 ft. 62 ft.*** 35 ft. Office Buildings(with or without residential uses) 65 ft. 77 ft.*** 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft.**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA 120,000 sq. ft.*****N/A * No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. i *** Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *****Total allowable commercial square footage is 175.000120,000 square feet; however no more than -144,5001 00‘000 may be retail or office and the balance,above 143.500 100,000 square feet.if developed, shall be office. Text underlined is added:Text is deleted. TREE FARM MPUD P11.20140000640 ittiy13Octobsr 4.2011 18 of 29 SECTION IV RESIDENTIAL DISTRICT(R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure, perimeter land use buffers, and signag-, . :•- will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 281 multi- family:/single-family attacheditownhouse residential dwelling units or 138 single-family detached units. ' - • _ - • .- _- . : • • •. . . .- . . - ::. • :: For the purpose of calculating the project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 43 USES PERMITTED 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: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes, two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access), : : - . . . Text underlined ix added:Text u deleted. TREE FARM MPUD PL20146000640 iuh—dolt 7rtohcr-z.2015 19 of 29 . No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. B. Accessory Uses: 1. Customary accessory uses and structures including, but not limited to- s, private garages, swimming pools witliv-ef-witheatand screened enclosures. tennis 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. . . THIS SPACE INTENTIONALLY LEFT BLANK Text underlined is added,Text is deleted, TREE FARM MPUO P1.20140000540 'nit N43elpl2c,+.201 20 of 29 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY. SINGLE- FAMILY PATIO1'a& SUS& FAMILY ATTACHED& ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILy_____BRIM2Nfifi4 PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2.250 S.F. 10,000 S.F. 4.0,000-87F-- PER 8: l-&-F-PER UNIT PER UNIT PER UNIT MINIMUM I.OT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET NA MINIMUM FLOOR AREA 1,000 S.F. 1.000 S.F. 1,000 S.F. 1,000 S.F/D.U. NA MIN FRONT YARD `" 15 FEET 15 FEET 15 FEET 15 FEET NN,A MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or 4-5-AFEET N-A 6 FEET 56 FEET MIN REAR YARD 44-2„IFEET 4-5-2,.FEET -WU FEET 20 FEET N-A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 42-a FEET 4-2-D_FEET 4-2-jQFEET 20 FEET or N-A '/a ZONED BH, WHICItEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2-STOit -INT. 42 FEET 42 FEET 42 FEET 50 FEET 50 FEET ACTUAL HEIGHT' 54 FEET 54 FEET 54 FEET 62 FEET '2 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET N-A SIDE 5 FEET 5 FEET 5 FEET 5 FEET -N-A REAR 5 FEET 5 FEET 5 FEET 5 FEET VA PRESERVE SETBACK; 10 FEET 10 FEET 10 FEET 10 FEET NLA MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 S'r.�� tn,,� cS NTE NOT TO EXCEED 42 FEET 42 FEET S.P.S.:Same as Principal Structures. NTE:Not To Exceed BH:Building Height General Notes: Front yards shall be measured as follows: If the parcel is served hlr a public or private right-of=way,setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured.from the hack of curb (if curbed)or edge of pavement (if not curbed). Setback from lake easements for all accessory uses and structures may be zero feet(O'). isaunisdiThamitt,tith.juirtEE FARM MPt1D PL0140000640 ;u}«}S�Octobc r x 2015 21 OI'29 No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement,shall encroach into a required landscape buffer tract or easement. Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may he either zero feet (0') on one side and,six feet (Olive feet (5') on the other side in order to provide a minimum separation between principal structures of'twelve—ten feet (12'10). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall he submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet(23'), as measured from the hack of sidewalk. Side loaded garages may he located less than twenty-three feet (23')feet from the back of sidewalk provided that the driveway design allows fOr parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4)4) For corner lots, only one(l)f ontj and setback shall he required. The yard that does not contain the driveway shall provide a 10'setback. THIS SPACE INTENTIONALLY LEFT BLANK To;underlined is added:TextsiTsse3HINis deleted TREE FARM MPL'D PL20140000640 �eiohrr 4.2015 22 of 29 �� SECTION V RECREATIONAL AREA(RA) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "RA", Recreational Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to provide ancillary recreational uses for the residents of this PUD. 5.2 PERMITTED USES A. Principal Uses: 1. Clubhouse,gazebo, or other structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts,playgrounds,pedestrian/bicycle pathways, and water features. 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, and park benches. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. B. Accessory Uses: 1. Community maintenance areas, and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA")or Hearing Examiner, as applicable. Text underlined is added:Text srwit-dmenrit is deleted, TREE FARM MPUD PL20140000640 90ctobcr 4.2015 23 of 29 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS RECREATIONAL AREA PRINCIPAL STUCTURES MINIMUM LOT AREA 10.000 S.F. MINIMUM LOT WIDTH NJ,A MINIMUM FLOOR AREA N/A MIN. FRONT YARD /5. MIN PRESERVE SETBACK 25 FEET MIN.SIDE YARD 25' MIN.REAR YARD /5, MIN.DISTANCE BETWEEN 20' STRUCTURES MAX ZONED HEIGHT 2 STORIES NTE 50 FEET MAX.ACTUAL HEIGHT 62 FEET ACCESSORY STRUCTURES MIN FRONT YARD 15' MIN.SIDE YARD 15' MIN.REAR YARD 15' PRESERVE SETBACK 75 MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 42 FEET NTE: Not to exceed Tea unclaimed is added:Text sinselt-duerall is deleted TREE FARM MPUD PL20140000640 iulv-inDetober 4.2011 24 of 29 SECTION Vi PRESERVE AREA (P) 16 .l PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural,and/or enhanced state. I 65.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: I. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance with the applicable provisions of the LDC. Teat underlined is added:Teat serselinthrtitigh is deleted. TREE FARM MPL'D PL20140000640 ;air +)t]stuber 4.2015 25 of 29 SECTION VII DEVELOPMENT COMMITMENTS I 76.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 67.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. I 76.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: AB. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. GB, If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. Text underlined is added:Text stektelt,tekreugh is deleted. TREE FARM MPUD PI-20140000640 Itiir440clober 4.2015 26 of 29 -FSC. The applicant shall reserve rights-of-way for tliti-fwefe Collier Boulevard-ex-tension and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A, B. and C, totaling 7.42 +!- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted herein) within 90 days of written request of the County. &D The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy(CO)within the MPUD. €:E. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South Florida Water Management District permitting requirements. 6:F. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes WG The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. 11-1 No certificate of occupancy(CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to 1-75 2. Immokalee Road from Collier Boulevard East to 4'd Avenue N.W.Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Text wxieritned is added_Text wast-dreueh is deleted. TREE FARM MPLD PL.20140000640 ia:,444+Octobkr a.2015 27 of 29 IShould it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the dee -owner. successor or assignee shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. 76.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. A4—The developer shall reserve two-one (1) areas to be granted as an easements to Collier County fora raw water wells. The dimensions of these this well easements shall • • . - - - t! - • !e be at a maximum 80 feet by 50 feet. The approximate location of thisthese well easements is depicted on the MPUD Master Plan. The neftherly--raw—water well easement site is located at the northeastern corner of the MPUD, and can be accessed from • •Collier Boulevard Extension. - . • _ •• • ' - • • • •. . . The grant of hese-this easements shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the respe-well easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. The Reserv: ;• r - - !' - 6.5 7.55 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. I 676 7766AFFORDABLE-WORKFORCE HOUSING: IText underlined is added.Text stork-drs,reb is deleted. TREE FARM MPUD PL20t40000440 {afr- JOctober 4.2015 28 of 29 A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to $321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. ani _ _ • • . , _ THIS SPACE INTENTIONALLY LEFT BLANK Text underlined s added:Text is deleted. TREE FARM MPUD PL20140000640 3 Jrtobcr:t.2015 29 of 29 Co er Cau-rity Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach.AICP.Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner,Comprehensive Planning Section, Zoning Division Date: July 27,2015 Subject: Future Land Use Element(FLUE)Consistency Review PETITION NUMBER: PDI•PL20140000640(Submittal 3) PETITION NAME:Tree Farm MPUD REQUEST: The third submittal of this application was revised to show that it was prepared for Landquest Group by RWA with Bruce Anderson of Cheffy Passidomo, PA. The petitioner is requesting a number of changes to the MPUD (Mixed Use Planned Unit Development), Ord. No. 07-54, adopted on June 26, 2007. Requested changes included in this petition are: • reduce the maximum density from 425 to 281 multi-family/townhome units or 138 single-family detached homes in Section 2.3C and 4.2; • eliminate residential uses from within the Activity Center in Section 2.3C,3.2,4.2 and 4.4B; • reduce the maximum commercial intensity from 175.000 square feet to 120,000 square feet in Section 2.3B; 3.2 and 3.4A; • add phrase-or office"after retail in Section 2.3 B and 3.4A; • acknowledgement of ROW conveyance and compliance with Transportation Commitment in Sections 1.6,2.2,and 6.3 B(formerly Section 6.3D); • add description of an optional right in/right out 4s'access point on Collier Blvd. in Section 1.6(this was shown on original Master Plan but not described in PUD text); • add"or assignee" to the first sentence of Section 1.3; reduce the number of acres of water management areas in Section 1.5 from 7.2 to 6.4 acres; • add language for an additional access point that was shown in the original PUD Master Plan,but not mentioned in the MPUD text; • add language"or drive aisles" to Section 2.2; • eliminate the Affordable Workforce Housing Commitments in Section 6.6 A and B (this was previously approved in a Zoning letter dated 7-1-13 for an administrative revision); • add new Section 2.7 for Fences and Walls and revise existing Section 2.7 to 2.8 • remove the language that restricts ALF ancillary medical uses and personal services for residents and their guests to 2,000 square feet(aggregate)from Section 4.3 #6. Additionally,the petitioner is requesting revisions of development standards in Table IV,signage(removal of#3 in Section 2.8A).and design details; revision to the Utilities Commitment A to reduce the number of donated well sites from two to one and relocation of the site (Section 6.4A and B); addition of a zoning deviation: revision of the project's preserve boundary;and deletion of Section 6.3 A and B from Transportation Development Commitments. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 1 of 4 Attachment C The petitioner is also requesting a number of insubstantial changes to the PUD Master Plan including reconfiguring the internal layout of Residential and Commercial Mixed Use tracts and the recreated preserve; adjustments to the Land Use Summary table;removal of the Legal Description and Schedule of Deviations from the Master Plan since they are separate exhibits; update labels;removal of setback dimensions;removal of potential raw water well sites;and adjust access points pursuant to roadway plans developed by County Consultant. LOCATION: The subject MPUD is located at the northwest corner of the intersection of Immokalee Road(C.R. 846)and future Collier Boulevard(C.R.951)extension,in Section 22,Township 48 South,Range 26 East. COMPREHENSIVE PLANNING COMMENTS: Approximately 18.69+ acres of the subject MPUD, inclusive of the 4.34+acres conveyed to Collier County for future Right-of-Way(ROW),are designated Urban—Commercial District and are within the Mixed Use Activity Center Subdistrict#3. The remaining 40.15+acres of this MPUD,inclusive of the 3.08+ acres conveyed to Collier County for future ROW, are designated Urban — Mixed Use District, Urban Residential Subdistrict and are within a Residential Density Band as identified on the Future Land Use Map of the Growth Management Plan(GMP). The MPUD includes a commercial tract(approximately+18.69 acres)located within the Mixed Use Activity Center#3(as identified in the FLUE) near the intersection of Immokalee Road and Collier Boulevard. Relevant to this petition, the Mixed Use Activity Center Subdistrict is intended to accommodate a variety of residential and non-residential uses, including mixed use development. The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. Mixed use Activity centers are intended to be mixed use in character and generally be developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting projects—whether commercial or residential. The existing MPUD is approved for up to 175,000 sq.ft.of commercial uses,of which a maximum of 143,500 square feet may be retail and the balance(above 143,500 sq. ft.)is limited to office use. The revised MPUD will reduce the maximum to 120,000 sq.ft.of commercial uses,of which a maximum of 100,000 sq.ft.may be retail or office and the balance(above 100,000 sq.ft.) is limited to office use. The commercial uses in the existing MPUD were previously reviewed and found consistent with the Mixed Use Activity Center(MUAC)Subdistrict. "Mixed-use developments—whether consisting of residential units located above commercial uses,in an attached building, or in a freestanding building—are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. ... For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: (1) the mixed use component of the project within the Activity Center shall include a minimum of thirty percent(30%) of the Activity Center-accumulated density; [The petitioner no longer wishes to develop residential dwelling units within the Activity Center. The MPUD Master Plan and MPUD Sections 2.3C,3.2,4.2 and 4.4B have removed all language associated with dwelling units being within the Activity Center.] (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, [The dwelling units that will be constructed within 1/3 mile of the Activity Center will no longer use the higher density calculations derived from the Activity Center. The density will be limited to less than 7 dwelling units that this project is eligible for within the Residential Density Band of the Activity Center in the Urban Residential Subdistrict. The proposed total density for the 58.84 acres is 4.78 DU/A.] (3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities." [Human scale often refers to building heights alone or in combination with setbacks. In Section 3.4, Table III `Development Standards for Commercial District',the maximum (zoned) height for retail buildings is 50 feet and 65 feet for office buildings. In Table IV, `Residential Development Standards,' the maximum Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400 Page 2 of 4 height is 2 stories(42 ft.)for single family homes and 3 stories(50 ft.)for multi-family homes. These heights are already approved in the MPUD and not proposed to be changed. No deviations from the L.D.C. were proposed for sidewalks within this project;therefore,sidewalks must be provided per the LD.C.The MPUD Master Plan indicates(with arrows and labeling) specific locations for the pedestrian and bicycle facilities interconnectivity. Also, Note #5 on the Master Plan requires vehicular, pedestrian and bicycle interconnection between the Residential and Commercial/Mixed Use Tracts. I The proposed residential portion of the subject MAUD located outside the Activity Center#3 is located entirely within a Residential Density Band surrounding the Activity Center in the Urban Residential Subdistrict. The Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and a maximum of 16 DU/A, subject to the Density Rating System provisions; accordingly, this project is eligible for a density bonus of 3 additional DURA for being located within a Residential Density Band,yielding a total eligible density of 7 DU/A within the Urban Residential Subdistrict. Table 1 shows the calculations for density eligibility; it is based on acreage that is inclusive of the -7.42 total acres of ROW conveyed to Collier County and no longer owned by petitioner. Table 1:FLUE Eligible Density with ROW(*Rounded) Eligible Eligible Eligible Base Bonus Total Eligible Total Density Density Density Dwelling RUM Designation Acres+/- Units/Acre Units/Acre Units/Acre Units Mixed Use Activity Center Subdistrict 18.69 16 n/a 16 299.04 Urban Residential Subdistrict,Density Band 40.15 4 3 7 281.05 Total 58.84 n/a n/a 9.86 580.09 Table 2 shows the MPUD gross density based on the petition for a total of 281 dwelling units with all dwelling units located within the Urban Residential Subdistrict and outside the Activity Center #3. The calculations are inclusive of acreage of ROW conveyance. Table 2:MPUD Density with ROW(*Rounded)Per MPUD Table MPUD Density MPUD Total Dwelling MPUD Gross Density FLUE Designation Acres+/- Units/Acre Units (Rounded) Mixed Use Activity Center Subdistrict 18.69 0.00 0.00 0.00 Urban Residential Subdistrict within Density Band 40.15 7.00 281.05 281 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety. Zoning Division•2800 North Horseshoe Detre•Naples,FL 34104.239-252-2400 Page 3 of 4 FLUE Objective 7 and relevant policies are stated below;each is followed by staff analysis in bold text within[brackets]. Objective 7: 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, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. 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. [The four (4) proposed project entrances are provided from Collier Boulevard (C.R. 951) Extension, a future Minor Arterial (Urban and Rural) roadway as identified in the Collier 2025 Functional Classification Map of the Transportation Element of the Growth Management Plan.] 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. [The MPUD has internal accesses throughout both the commercial and residential component and loop roads throughout the residential component of this project. All parcels have internal access via the internal roads.] 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. [A proposed interconnection to the project to the west(Addie's Corner)is planned and shown on the Master Plan. A shared access road is proposed with the Addie's Corner MPUD;its entrance on Immokalee Road(C.R.846)would be within the Addie's Corner MPUD.J 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. [A 12'asphalt greenway within the ROW along Immokalee Road is noted on the Master Plan. Bicycle and Pedestrian interconnection to this greenway is encouraged. As no LDC deviation is requested,sidewalks will be required per the LDC.J CONCLUSION Based on the above analysis,staff finds the subject petition consistent with the FLUE. cc: Michael Bosi,AICP,Director,Zoning Division David Weeks,AICP,Growth Management Manager,Zoning Division,Comprehensive Planning Section Raymond V.Bellows,Manager,Zoning Division,Zoning Services Section CD/FLUE file Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400 Page 4 of 4 Y Exhibit D • COLLIER Final Compliance Agreement COUNTY o' ` DAVID C.WEIGEL COLLIER COUNTY ATTORNEY 3301 East Tamiacai Trail Heidi F.Ashton Naples,FL 341124902 Jennifer A.Belpedio Telephone:(239)774-8400 Ellen T.Chadwell Fade (239)774-0225 Jeffrey A.Klatrkow William E.Mountford Thomas C.Palmer Michael W.Pettit Jacqueline W.Hubbard June 16,2005 onTeM Student Scott Patrick G.White Timothy G.Rains Robert N.Zachary Quarles&Brady,LLP 1395 Panther Lane,Ste. 300 Naples,Florida 34109 • RE:Compliance Agreement' gc+xment between Collier County and Tree Farm Land Trust Dear Mr.Hairs, Enclosed please find an original copy of the Compliance Agreement between Collier County and Tree Farm Land Trust,which was recorded today, in Official Records Book 3823 at Page 1809. Please know that the Compliance Agreement requires the applicant to provide a copy of the Compliance Agreement to the County along with its application for a Planned Unit Development. If you have any questions,please do not hesitate to contact my office. Thank you. Sincerely yours, conifer elpedio Assistant County Attorney JAB/tlk Cc: David C. Weigel,County Attorney Attachment D 3640632 OR: 3823 PG: 1809 is OZl1CIAL 1100101 of 006&111 COMP, IL 06/16/2116 at 12:01110ma! 1. flea, CL111 Prepared by: 11C 61.60 Jennifer A.Belpedio Rite: Assistant County Attorney 000116 2800 North Horseshoe Dr AI CI Suite 300 MIMICS tan: annuli FL. 34104 Malslaticraralinign This Compliance Agreement("Agreement")is entered into and made on this lAay of JLAi &ra)o5, by and between Collier County(the"County") and the Tree Farm Land Trust, ('Trust")(hereinafter referred to collectively as'The Parties"),with respect to vegetation removal on property identifted by the ' • . ,,' GS ;, ' bar 00187240000. Gi REGTm i s �'�' WHEREAS, on July 16 r.,, • ty :: god -• on removal violations Ilk (Code Enforcement Case N m. I ) • • T�, I. at the northwest corner of the intersection of Im • •. .1 -- Road and Cold 1: • .46 d identified by the Property V4) �f A p p r a i s e r as Folio Number 00 . - 4 1 1 1 ("Subject • • • �, • .�WHEREAS, the Parties • �• =�,.�� ,:� � M - arm Land Trust, and Timothy G. Haim, as its Trustee, being the property owner and respective agent, are responsible for any violation;and WHEREAS, an analysis conducted by consulting ecologists, Passarella and Associates, Inc., on November 2, 2004 asserts that 1.13 acres of 2.02 acres of existing native vegetation on the Subject Property were removed. (See attached Exhibit "A," letter from Elena Mandia to Don Schrotenboer,dated November 2,2004) WHEREAS, on October 11, 2004, County staff, and the Trust's representatives met to 1of6 OR: 3823 PG: 1810 identify the prohibited vegetation removal and to discuss the abatement of the allegations in an effort to resolve the dispute; and WHEREAS,RWA Consulting, Inc. (RWA) proposed that the Parties resolve the matter by executing a compliance agreement to include the requirement that the Trust agrees to pursue a rezone of the property and retain or restore, as appropriate, the amount of native vegetation required by land development regulations at the lime of the rezone. WHEREAS, the County Transportation Department has indicated to the Trust that it intends to acquire a 100-foot wide strip of land extending the entire length of the eastern boundary of the Subject Property for the • • of a right-of-way expansion of Collier tV,Boulevard;and R Cotr � WHEREAS, the vast • ' 0• • •1, 1.13 acres • _ •on that was cleared without authorization is located wi• 'n • • • •, the County Transportation• Department;and C1 WHEREAS, Code • - • - t staff, Coun • •• .tall, and the Environmental Services staff met to discuss R' 'e•, and other • -, ;• actions that maybe taken by the Trust to resolve the issue;and 1IE CIRC WHEREAS, the Parties desire to reduce their agreement of all such claims or controversies to this writing so that it will be binding upon the Trust and the County and their respective predecessors, successors, heirs, assigns, spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties,and affiliates;and NOW THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the Trust and the County, the Trust and the County hereby agree to the following: 2 of 6 OR: 3823 PG: 1811 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to as"Whereas clauses,"by reference into the terms of this Agreement. 2. The Trust agrees to a)submit a complete and sufficient rezone application (Application) to the County ff b) submit a complete and sufficient mitigation plan/revegation plan and any other required applications to the County along with the required fees no later than August 1,2005; 3. The Trust agrees that it will notify the Collier County Code Enforcement Director in writing if it is unable to submit tither application as set forth in Paragraph 2 by August 1, 2005. The Trust agrees to set forth the basis for its request and the extension of time necessary CCU (.4).‘d in its request; 4. The Trust : _. - • • .y the Coun y • ired after the fact clearing fees for any area cleared wi • • -• , �11' 5. The Trust - t fie rezone expires because of a failure to improve the • • • the Trust will • • a 0 -lete and sufficient mitigation plan/revegation plan and any • •t' i► 'red applicati• � County along with the required fees no later than the date of expirati, I,.-. • the rezone; 5. The Trust also agrees that its Application will set forth terms that are consistent with the Preservation Standards set forth in Land Development Code Section 3.05.07 H.1.c for mixed use development, and a copy of the analysis op py conducted by consulting ecologists, Passarella and Associates,Inc., on September 17,2004; 6. In consideration of Trust's agreement, as set forth above, the County agrees that the percentage of native vegetation preserved will ing include: 1) any portion of the subject property which is is acquired by the County as part of a right-of-way expansion of Collier 3 of 6 OR: 3823 PG: 1812 Boulevard or 2)any portion of the subject project which was lawfully cleared(i.e. with a permit,if required); 7. The County also agrees that it will grant a reasonable extension of time of the August 1, 2005, deadline if the Trust's request is in writing and demonstrates that a delay has occurred due to unforeseen circumstances not caused by the Trust. 8. This Agreement is freely and voluntarily executed by County and Trust subsequent to their being apprised of all relevant information concerning this Agreement and upon advice of their respective counsels. 9. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements and understandings : , . •, R ;re agreement between Respondent• Trust and the County and • . no i - • written, between the Parties relating to any matters coy 1,-• !"' _ , whatsoever. II.,, ' , 10. The Parties •, l ' „1 . 1 I 1 the , additional and different • or contrary to the facts w •M i C{ believe to exist,m _ o maybe discovered after this ■ Agreement has been entered, 't�s : ' : agree that • J additional, different or contrary facts shall in no way limit,waive, :,- - r ti,, 6 _ , ., . 11. Except as expressly provided for herein,the Parties represent and warrant that in executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter,basis,or effect of this Agreement. IN WITNESS WHEREOF, the Trust and the County have executed this Agreement, which consists of six (6) pages, on the date as first set forth above and as sworn to and acknowledged by and through its duly authorized representative. 4of6 OR: 3823 PG: 1813 Signed,sealed and delivered in the presence of: TREE FARM LAND TRUST Atoorsice., cS de% IOWi4a 1) 44- Printed Name of Witness Timothy G.Heins,Trustee of Tree 401 Farm Land Trust 9a3/4"11-11 Printed` Name of Witness STATE OF FLORIDA COUNTY OF Lso LA./ag.. R ti vls BEFORE ME,the • notary public, • . . • , .11 y i -, TiAlooN MIAS'S ,as - o � ,+• FARM LAND TRUST who is _� _ •' •r . to gi r' ; -.�•��l►`11 T�f as identification,and acknow - .�t'�!=!"' 71, of TREE FARM LAND TRUST and that s was , 1 .W_ IN WITNESS I 1• - ' hereunto set my . ' ' . seal. �o iffr .i +i yr' PUBLIC,STATE OF FLORIDA aMIde /foubtAkto (Print Name) My Commission Expires: (SEAL) , yr/masa•WENN ______ a_Ram ssrnwMr�r�a.- 5 of 6 OR: 3823 PG: 1814 COLLIER COUNTY,FLORIDA BY: .0-211"1" ,e'lifdir AMES V.MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: _, A. Assistant County I E. - STATE OF FLO'- 'A COUNTY OF Q.Ar' is• COLT B RE ME,the ;.., , L . ,lic, . .,'. , ,,: , . as ' V/ri L of CO �+ ►' ,who is t:.i i► known t o me o r w h o p r o d u c e d �s�=s i s an, ac • T, T MiSTicecuted the same on , 5 of • It A 1 1 • i : ,(s)he was duly authorized to do so. • (0)* 4104 # 1 II tn.-01W O �..,�'. =LIC, TE OF FLORIDA 0 �, `! Vrtidtre- C Name) My Commission Expires: (SEAL) MVCOwiucNlocasaN La;: ..w, ' ;i .., 6 of OR: 3823 PG: 1815 S PASS.4RELLA AND ASSOCIATES,INC Consult $Ecologists 7 9110 Cana Mate Court / Fort Myers,IL 33919 Phew.(941)274.0067 Fax(941)274.0•69 TO: Don Schrotenboez FROM: Elena Mandia DATE: November 2,2004 RE: Tree Farm PUD Project No.04AMF1030. Vegetation mapping for the subject . •,. -•i. , �: using 2003 rectified Collier County Property Appraiser's color aerials ( -. •, .'4 ,' ' . to map the vegetative communities was conducted on, t 18, 2004 " t -,.. '' Florida Land Use, Cover and Forms Classification System' M ••.-4h Level M. FLUCFCS. was utilized to denote exotic species disturb r I ) was used to datm�nine the acreage of each mapping • .4 it, - FLUCFCS map.(Figure 1). A total of 11 vegetative .. • : !9�, •i _�►i r , - )were identifiied on the property. Of the 11, only M L'�1` �� -- I:_ .." ve vegetation des. Those areas are the Pine ' , . " '-';'s Ex• i— r CFCS Code 4119 E2)and Pine Flatwoods,Disturbed, : r 50-7554(FL or", - tt • ). These areas total 2.02± acres of native vegetation. -r-1111 • The total of unauthorized cleared i, '-,=.-, •, - acres based on the FLUCFCS map, a site visit conducted on S • ,-,. . - 7 1i t 1,- ' aerial photos takes on July 22, 2004 (Figure 1). The native vegetation that remains on . site after the clearing totals 0.89*acre. The native vegetation to be retained for the site with 15 percent native vegetation preservation would be 030±acre. If 2S percent native vegetation preservation would be required,than 0.51± • acre native vegetation would need to be retained. EM/bmw Enclosure cc: Robert Mulhere,w/encloam 'Florida Department of Transportation. 1999. Florida lard Use, Cover and Feria Qassifkation S)ote a. Procedure No.550-010-0O14. 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MOW ON•rYi ! r 1.0111 edillaTailliajadjaardarlya Cntls+IttSflyytiata TOa FAOY TRIO �GWEN Sae 6i0y.Midi emit NY AWE.PIM&SIM ,rM.x1111 0�0 Mo[,am11.. .0111 II j ENGINEERING Neighborhood Information Meeting Summary PDI-PL20140000640 Tree Farm MPUD Ordinance No.2007-54 Monday,August 31,2015 at 5:30pm Saint Monica's Episcopal Church at 7070 Immokalee Road,Naples,Florida 34119 Attendees included Patrick Vanasse,AICP and Ashley Caserta from RWA,Nancy Gundlach,AICP,from Collier County,and four members of the public. Patrick led the meeting and began with a general overview of the location of the property. His presentation is summarized below: The Tree Farm MPUD was approved in 2007 for 425 residential units and 175,000 square feet of commercial development. The approved master plan depicts residential tracts, a commercial tract, and a 0.51 acre preserve. The property owner is petitioning Collier County to amend Ordinance Number 07-54 for an Insubstantial Change.This process was put in place a few years ago to address PUD changes internal to a project that were deemed minor and that would most likely have no impact on adjacent properties.The Tree Farm MPUD,as amended,to: • reduce the maximum number of residential dwelling units from 425 dwelling units to 281 multi-family/townhouse/single-family attached or 138 single-family detached units; • to reduce the density generated from the Mixed Use Activity Center Sub district from 7.7 to 0 units/acre; • to correct a scrivener's error by changing the density generated from the Urban Residential Subdistrict, Density Band from 4 to 7 units/acre; • to reduce the size of water management areas from 7.2 to 6.4 acres; • to reduce the maximum total allowable square footage within the PUD Commercial Mixed-Use District from 175,000 to 120,000 square feet; • to increase the maximum size of retail or office uses from 43,500 to 100,000 square feet; • to add a deviation to permit residential components of the PUD to have a maximum wall height of 8 feet along the PUD perimeter and 12 feet along Collier Boulevard; • to update various provisions to reflect the conveyance of a 7.42 acre parcel to Collier County; • to amend residential development standards relating to minimum setbacks; • to remove two transportation development commitments; • to reduce the number of required raw water well easements from 2 to 1; • to remove affordable workforce housing development commitments;and • to amend the Master Plan to reflect existing PUD conditions. The public asked a few questions pertaining to the Collier Boulevard Extension,the location of the Tree Farm project in relation to the Quarry development, intersection improvements at 951 and Immokalee,comments on various 951 improvements and next steps for the project. 6610 Willow Park Drive Suite 200 Naples,FL 34109 I (239) 597-0575 I Fax(239)597-0578 www.consult-rwa.com Attachment E Tree Farm MPUD • Insubstantial Change to a PUD (PDI) Narrative and Detail of Request Detail of Request This petition is requesting insubstantial changes to the Tree Farm MPUD approved in 2007 through Ordinance 07-54. The subject property is located in the northwest quadrant of the intersection of Immokalee Road and the future extension of Collier Boulevard, in Section 22, Township 48, Range 26 East, Collier County, Florida. The existing MPUD allows a maximum of 425 residential units and 175,000 square feet of commercial uses on±58.84 acres. In 2007, the subject property was rezoned from the Agricultural (A) zoning district to the Mixed-Use Planned Unit Development (MPUD) zoning district in compliance with the Collier County Growth Management Plan (GMP) and Land Development Code. As such, this project has undergone extensive review from a comprehensive planning, concurrency management, land development code, environmental, transportation and public utilities standpoint. This project was deemed compliant with County regulations and compatible with existing and future uses on adjacent properties. The subject property is under contract by Landquest Group,which has defined a new development intent for this property. In pursuing this new intent, which entails a revised internal layout and a reduction in • density and intensity, several minor changes to the MPUD are required. Pursuant to meetings with County staff and the Hearing Examiner, and careful examination of LDC subsection 10.02.13.E.1, it was deemed that the proposed changes are insubstantial in nature and that the project can undergo PUD Insubstantial Change(PDI)review,rather than the PUD Amendment(PUDA)process. More specifically, the PDI is being pursued to make adjustments to the Master Plan, reduce the allowed density and intensity, adjust side yard setbacks, add two deviations, clarify existing PUD language, and remove or amend language from the Development Commitment section of the PUD document which is deemed redundant with the current LDC or no longer appropriate. Strike-through and underline changes have been made to the existing PUD document, and include the following: • A reduction in maximum density from 425 units to 281 multi-family/single family attached/townhome units or 138 single-family detached units. • A reduction in the density generated from the Mixed Use Activity Center Subdistrict from 7.7 to 0 units/acre. • Correction of a scrivener's error by changing the density generated from the Urban Residential Subdistrict,Density Band from 4 to 7 units/acre. • A reduction in the size of water management areas from 7.2 to 6.4 acres • A reduction in maximum commercial intensity from 175,000 square feet to 120,000 square feet. • • An increase in the maximum size of retail or office uses from 43,500 to 100,000 square feet. • Addition of a deviation to permit residential components of the PUD to have a maximum wall height of 8 feet along the PUD perimeter and 12 feet along Collier Boulevard. • • Acknowledgement that the 7.42 acres of ROW reservation included in the original PUD have been conveyed to Collier County. • Deletion references associated with the density generated from the activity center since PUD no longer derives density from the Activity Center • Amendment to the Section 1.6 Project Description in the PUD document to include the potential project access point located at approximately % mile from the intersection of Collier Boulevard and Immokalee Road which was omitted from the PUD document but depicted on the approved PUD Master Plan. • Removal of last paragraph of the Signage section which deals with temporary signage within the right of way reservation tracts, since this land has been conveyed to the County and roadway improvement design and construction have begun. • Revision to the project's preserve boundary, as discuss and supported by the County's environmental staff. The require Preserve was subject to a Compliance Agreement(see Exhibit D of the PUD document) in which the land owner/developer has to provide 0.51 acres of • recreated preserve. The agreement did not stipulate a specific location for the preserve. Given the limited size and"recreated"nature of this preserve,the Applicant proposes to reconfigure and relocated the preserve from where it is depicted on the current PUD Master Plan. As discussed with staff the new location/configuration creates a buffer from the through road for the northern residential pod.This issue was discussed with and supported by environmental staff. • Revision of the Residential Development Standards table to reduce the minimum side yard • setbacks from 6'to 5' for single-family detached, single-family attached,townhouse,two family, patio and zero lot line units.Minimum building separation has also been revised accordingly.. • Revision of the Residential Development Standards table to reduce the minimum side yard setbacks from 15'to 10' for multi-family homes to be consistent with the minimum 20' building separation for multi-family units as currently exists in the approved PUD document. • Addition of a footnote to the Residential Development Standards table to clarify how minimum yards are treated for corner lots. • Creation of a new Recreational Area section with permitted uses and development standards. • Moving clubhouse/recreation development standards from the Residential District section to the new Recreational Area section. • Removal of one transportation development commitment • Revision of Utilities Commitment A to reduce the number of donated well sites from two to one and to relocate it to the Northwest corner of the PUD where it will have the least impact to the developable residential area. This issue has been discussed with staff and it was agree that the Utility Department's long term plans no longer warrant both well site. • Elimination of Affordable Workforce Housing Commitments B pursuant to recent BOCC direction and as applied to numerous PUD insubstantial changes and amendments in recent years. • Master Plan revision including: o Reconfiguration of the internal layout of residential tracts to have a more efficient roadway and water management system. • o Reconfiguration of Commercial Mixed Use tracts to increase the size of the water • management lake for that area and reduce the number of individual parcels. o Reconfiguration of the recreated preserve. o Adjustments to the Land Use Summary table to reflect the internal layout changes o Removal of the Legal Description and Schedule of Deviations from the Master Plan since they are provided as separate exhibits that re part of this this PUD Document. o Updating the labels identifying adjacent uses o Adjustments to the PUD's access point locations pursuant to roadway plans developed by the County's Consultant,CH2MHi11. o Removal of setback dimensions associated with commercial parcels, since they are unnecessary and redundant given the Development Standards table found in the PUD document. o Removal potential raw water well sites, and depiction of one raw water well site at the northeast corner of the project with 50'x 80'dimensions identified. o Addition of a new Recreational Area along the western PUD boundary. Substantial Change Criteria The following section addresses the substantial change criteria in LDC subsection 10.02.13.E.1 and demonstrates that this request does not trigger the established thresholds and is therefore "insubstantial" in nature. • Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a.A proposed change in the boundary of the PUD; The PUD boundary is remaining the same and the PUD acreage will be maintained at +58.84 acres. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; This PUD is being revised to decrease density from a maximum of 425 units to a maximum of 281 multi-family/single-family attached/townhome units or 138 single-family detached units. The commercial intensity is being reduced from a maximum of 175,000 square feet to a maximum of 120,000 square feet. The maximum height standards and the permitted uses • are unchanged. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 • acres in area; No changes are proposed to the project's preserve acreage or minimum required open space. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; The approved Commercial Mixed Use area of this PUD,which allows non-residential uses such as retail, restaurant and office space remains unchanged, and thus does not propose any increase in size. e.A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The proposed changes will not cause an increase of impacts to the roadway system or other public facilities. By virtue of the decrease in density and intensity, our transportation report demonstrates a net decrease in trip generation from this project. f A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; • No changes in permitted uses are requested. Moreover,the proposed density and intensity changes will result in a net decrease in vehicular traffic as demonstrated by our traffic report. g.A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The decreased density and intensity for this project will not have any effect on the stormwater retention needs or stormwater discharges. Conversely, the decreased density and intensity may actually reduce retention needs and discharge rates. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The permitted uses, buffers, preserve open space and the location of the residential and commercial mixed use areas are not changing. As such, the proposed changes will not create any compatibly issues with abutting properties. Since the original PUD rezone, the Addie's Corner MPUD has been approved. This PUD allows for uses that are compatible and complementary to those of the Tree Farm MPUD and will allow for interconnection and improved access for both properties. 4111 i. Any modification to the PUD master plan or PUD document or amendment to a PUD • ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The revised PUD and PUD master plan will be remain consistent with the Growth Management Plan,and as explained above density and intensity are being reduced. j. The proposed change is to a PUD district designated as a development of regional impact (DR!)and approved pursuant to F.S. §380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S.§380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13;or N/A—this project is not a Development of Regional Impact(DRI). k Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 As outlined in the responses above,none of the proposed changes to the Tree Farm MPUD master plan, document or ordinance are deemed substantial in nature pursuant to the • "Substantial Change"evaluation criteria set forth under LDC section 10.02.13 • S&9ty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Landquest Group, LLC Address: 5150 Tamiami Trail North, Suite 401 City: Naples State: FL ZIP. 34103 Telephone: 239-300-2240 Cell: Fax: E-Mail Address: max @landquestgroup.com Name of Agent: Patrick Vanasse, AICP Firm: RWA, Inc. Address: 6610 Willow Park Drive, Suite 200 City: Naples State: FL ZIP: 34109 Telephone: 239-597-0575 Cell: Fax: 239-597-0578 E-Mail Address: pvanasse@consult-rwa.com R.Bruce Anderson,Chaffy Passidomo,P.A.821 5th Avenue South,Naples, FL 34102-239-659-4942 rbanderson©napleslaw.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. • ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 9/25/2014 Page 1 of 4 9erCnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. © 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Thomas Monaghan TR-Tree Farm Land Trust 24 Frank Lloyd Wright Drive Ann Arbor,MI 48105 DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. • PROPERTY INFORMATION PUD NAME: Tree Farm MPUD ORDINANCE NUMBER: 07-54 FOLIO NUMBER(S): 00188040005,00187400002,00187240000 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes ❑No If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes ❑ No If yes, in whose name? Has any portion of the PUD been ❑SOLD and/or❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑Yes ❑ No • If yes, please describe on an attached separate sheet. 9/25/2014 Page 2 of 4 Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 16 © ❑ Pre-Application Meeting notes 1 © ❑ Project Narrative, including a detailed description of proposed changes 16 © ❑ and why amendment is necessary Detail of request m © ❑ Current Master Plan&1 Reduced Copy m © ❑ Revised Master Plan&1 Reduced Copy m © ❑ Revised Text and any exhibits ❑ ❑ Ci • PUD document with changes crossed through&underlined ❑ ❑ Ci PUD document as revised with amended Title Page with Ordinance# m © ❑ Warranty Deed © © ❑ Legal Description © © ❑ Boundary survey, if boundary of original PUD is amended ❑ ❑ If PUD is platted, include plat book pages ❑ List identifying Owner&all parties of corporation 2 x ❑ Affidavit of Authorization,signed&notarized 2 x Completed Addressing Checklist 1 [x Copy of 8%A in.x 11 in.graphic location map of site 1 x ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials © © ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Traffic Impact Statement(TIS) 7 Originals • CD containing TIS 3 CDs Aerial Map 5 Copies Covenant of Unified Control 2 Originals Deviations with Justifications 16 Copies 9/25/2014 Page 3 of 4 9-9:t Co>�.nty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District(Residential Components):Amy ❑ri Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director _ © Utilities Engineering:Kris Vantengen Parks and Recreation:Vicky Ahmad Emergency Management:Dan Summers Airport Authority:Ted Soliday Conservancy of SWFL:Nichole Ryan Other:Transportation•ions Podezerwvinsky City of Naples:Robin Singer,Planning Director Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation IIIATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 2lzt1 CS Applicant/Owne Signature Date Max Minhas Applicant/Owner Name(please print) III 9/25/2014 Page 4 of 4 -r. Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX(239)252-6358 www.colliergov.net PRE-APPLICATION MEETING NOTES I__! PUD Rezone (PUDZ) (� PUD to PUD Rezone (PUDZ-A) PUD Amendment (PUDA) 'PDT PL#PUDA-pl„aXI4 1%46 Date: 4 Ii4 Time: l ( & i Firm: TIM 114,1C (A . — STANJTEr Project Name: -r'.Es FARM M PUD Size of Project Site: 5q f acres Applicant Name: Phone: ON" 4040 Owner Name: Phone: Owner Address: City State ZIP • Existing PUD Name and Number 5a €. OP.p 0'-5(-4 Assigned Planner 449 )-g Selanl Meeting Attendees: (attach Sign-In sheet) ? 4 Z Q.C- cUJ *MA IM/DM-L. Meeting Notes Go dd kw_ d WQ BPI. 4 a5 30o u n, j3 p ro!� G °S °� ct►aa1Z,. ► .l I A 1 - / - I_%J_i' ` /l J !-s /i(_''/_ f ' 41.1 a.':4L,0 J J _ELI. 9 / I Pa ��I 1�! r_ _a, cl. j�lc T�• A ''`�6 - 5 080.117 4 w r of t..... Gtti_ ex..„+„1/4 �iLi. t e.• ARu2- yta • See last page to add more comments Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 • PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students,Staff Projections,Allocations and Reporting Department at 239-377-0254. I'l'l) Rl:%ONF. (l'l'1)7.) 1'1 I) In 1'1 1) REZONt.: (Pl I)/.- %) I'1 l) 1\II:'\I lI N1- (1'1 U1) .k1'1'1,1( Al ION tit 11\111-1 .\L ( III.(. 1.1.V, I THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRE) STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application(download from website for current form), ✓ PUD Document&Conceptual Site Plan 24"x 36"and One 8 '/2" x 11"copy Revised Conceptual Site Plan 24"x 36"and One 8 %2" x 11"copy D ✓ Original PUD document and Master Plan 24"x 36" ✓ ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru&underlined Npito Revised PUD document w/amended Title page w/ord#'s,LDC 10.02.13.A.2 Deeds/Legal's,- - ' _ 3 ✓ List identifying Owner&all parties of corporation 2 Owner/Affidavit signed&notarized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact Statement(EIS)* or exemption justification 2 V;f, Digital/electronic copy of EIS (copy for Planner&Environmental) . 2 v/ Historical Survey or waiver request 4 Utility Provisions Statement 4 _ ■/' Architectural rendering of proposed structures 4 v Survey,signed&sealed 4 /' Traffic Impact Statement(TIS)or waiver(with applicable fees) � �tt 7 ✓ 10017 Copy of Traffic Impact Statement(TIS)on CDROM 3 ✓ Aerial photographs(taken within the previous 12 months min. scaled • 1"=200'),showing FLUCCS Codes,Legend,and project boundary 5 JUNE 2011 cotttier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ioGROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net Electronic copy of all documents in Word format and plans(CDRom 3 t. or Diskette) _ Justification/Rationale for the Deviations(must be on a separate sheet within the application material;DO NOT include it in the PUD 5 ✓ documents) Copies of Official Interpretations and/or Zoning Verifications !. ✓ School Impact Analysis Application(residential components) 2 ✓ 1 set for School District(residential components) ❑ ✓." Affordable Housing or Economic Development Council Projects: EDC"Fast Track"must submit approved copy of official application 2 DAffordable Housing"Expedited"must submit copy of signed Certificate of Agreement. **If project includes an Affordable Housing component,you are required to / schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. •M Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑ Deltona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 Oaf located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr.Gerry J.Lacavera,State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. f located within%mile of City of Naples, send copy of submittal package to: Robin Singer,Planning Director City of Naples, 295 Riverside Circle, Naples,FL 34102 • JUNE 2011 „- ,, Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 • PLANNING AND REGULATION (239)252-2400 FAX(239) 252-6358 www.colliergov.net • NNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL D 4:ICT(residential PARKS S REC-VICKY A. , le components) for SUPERVISOR OF ELE • S ' / IMMOKAL - TERISEWER DIS r- DRIEM1-EMER.MGMT-Dan II ILITIES ENGINEERING: PAULO Summers ' MARTINS CITY OF NAPLES,Robin Singer S_ HOREIGATEWAY TRIANGLE Planning Director ;',, RED •PMENT Executive Director CONSERVANCY, . - Ryan . FIRE REVI • RICCO LONGO EMS-AR -f Y ENGINEERING: .CK MCKENNA - , =. •ATHWAYS:ALISON COMP PLANNING: SIGN-IN DFORD ,, SHEET FROM PRE-APP - NG) ENVIRONMENTAL:SEE SIGN-IN !, SHEET FROM PRE-APP MEETING) ,. R Fees Application Fee: ❑ $10,000(PUD Rezone)+$25 per acre(or fraction of thereof) ❑ $8,000(PUD to PUD)+$25 per acre(or fraction thereof) • li06,000(PUD Amendment)+$25 per acre(or fraction of an acre) ® Fire Code Review-New PUD Rezone$150,PUD to PUD Rezone$125,PUD Amendment$125 ® $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre-application fee(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). Ni 0 $2500.00 Environmental Impact Statement review fee }� ❑ $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) .7 Property Owner Notification fees.Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Cheek for Transportation Fees,(Refer to Exhibit A): ❑ . ,. . . i.. . • '4 ” " ' 41 . - - .. ' ' : - --. ... I at Methariology-Meeting PIIIV Fee Total$ • JUNE 2011 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239) 252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners,condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date,time, and location of the meeting,must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the fadlities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and • dassified advertisements appear stating the purpose, location,time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7)days prior to,but no sooner than five(5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a port of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name) at its expense shall record In the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the • recording requirements of Chapter 695,FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 Planned Unit Development Amendment (PUDA) Route Sheet PUDA- Rev: 1 Project Name: Date: • DUE: REVIEWER MUST RECORD AMOUNT OF TIME SPENT ON REVIEW: hours ®ZONING PLANNER: ❑Master Plan 0Survey OPUD Document ❑TIS ❑Landscape Plan ❑Ord/Reso ❑Letter of Authorization ❑Warranty Deed ❑EIS ❑CD Rom Q • ®ENGINEERING STORMWATER:ALISON BRADFORD ❑Master Plan OPUD Document ❑Warranty Deed ❑Utility Availability Letters ['Engineer's Report-copy OStormwater Calc's ❑SFWMD Permit ®ENVIRONMENTAL:SUMMER ARAOUE ❑Mesta Plan OPUD Document ❑Ord/Resolution ❑SFWMD Permit 0 Survey ❑USACOE Permit ❑EIS ❑Wildlife survey ❑FLUCFCS map ®ADDRESSING:ANNIS MOXAM ❑Master Plan ❑Addressing Checklist ❑PUD Doc ®LANDSCAPE:NANCY GUDLAUCH ❑Architectural Plans 0 PUD Doc [Nester Plan ❑Aerials nl( ®ARCHITECTURAL:Carolina Valera ❑Architectural Plans ❑PUD Doc ❑Master Plan ❑Aerials (r ®ENGINEERING TRANSPORTATION:Toni Umscheid ❑Master Plan ❑TIS ❑PUD Doc ®FIRE: • ElFire Flow Report ❑Master Plan ❑Landscape Plan ❑PUD Doc ❑Fire Hydrant ®GRAPHICS:MARIAN OCHELTREE ❑Survey ❑Site Map ❑Master Plan 24x36 ❑Zoning Map needed ❑Property owners list within 0500 or❑1000' ❑Internal ®E=ternal ®TRANSPORTATION PLANNING:JOHN PODCZERWINSKY ❑Master Plan ❑Traffic Study OLighting Plan ®TRANSPORTATION PATHWAY: STACY REVAY ❑Master Plan ❑Traffic Study ❑Lighting Plan • i4 IA' ®HISTORICAL REVIEW: B 1 ws ❑Historical Waiver Master Plan OPUD Doc ®COMPREHENSIVE PLANNING: ❑Master Plan OPUD Doc Z COUNTY ATTORNEY: :Master Plan Aso•. £S( ec e ri iwi wt¢#S1 A Artie, ❑NIMs— ?arks&Rec Vicky Public Utiliti (Route Sheet Only) Ahmed ❑Supervisor of Elections VanLeagen a-I&C Yi.l G. -ASehool District—Amy tprovement Lockhart =' munkation ONLY Housing&Urban (ONLY Required for =� o Control ®CITY OF NAPLES— CObIMERCIAL projects with Naples Authority (Only rdable Housing) ROBIN SINGER SEr1D8 1T4L ®Collier Con EN )$School Imp act Analysis Authority y application _ ?LEASE RETURN TO ASSIGNED ZONING PLANNER 1 DeselemKay Subject: Pre-App: PI-2014-0640(PUDA) cation: Conference Room"C" Start: Wed 4/9/2014 11:00 AM End: Wed 4/9/2014 12:00 PM Recurrence: (none) Meeting Status: Accepted Organizer. CDS-C Required Attendees: DeselemKay; Tim Hancock;AhmadVicky;Amy Lockhart-Taylor(lockha©coliierschools.com); AnthonyDavid;AmoldMichelle;AshtonHeldi;AuclairClaudine; BeardLaurie; BradfordAlison; BrethauerPaula;BrownAraqueSummer, BurtchinMark;CascioGeorge;CilekCaroline; CromerAaron; David Ogilvie; FleishmanPaula; HouldsworthJohn;JarviReed; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; McKennaJack;McLeanMatthew;MoxamAnnis; PattersonAmy; PaulRenald; PepinEmily; PodczerwinskyJohn; ReischlFred; RevayStacy; SawyerMichael;ScottChris;ScottTami; SmithDaniel;StoneScott StrainMark;ValeraCarolina; VanLengenKris;WalshJonathan;WeeksDavid When:Wednesday,April 09,2014 11:00 AM-12:00 PM(UTC-05:00)Eastern Time(US&Canada). Where:Conference Room"C" 1 Note:The GMT offset above does not reflect daylight saving time adjustments. *N*NMN*N*N*N*N*N*N* Onner:Kay Deselem Ltd El PL-2014-0640.bm Meeting Request p Received j Planned Unit Development Amendment Project Description: Revise MPUD to remove affordable housing trust fund and workforce housing requirements and modify the Master Plan. Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: 4-1 (1-5pm), 4-2-14, 4-3-14, open the next week Unavailable Dates: Location: 8799 IMMOKALEE RD, Tree Farm Road MPUD, Naples, FL, Parcel Number: 88188848885, 0u3 187400002, 08187240000 ll Name: Tim Hancock, AICP 1 Email: Tim.HancockOstantec.com Company Name: Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 • Representing: Landquest, LLC - Max Minhas, President Contact Number: Work: 239-649-4040 x5873 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or In writing. • S 2 DeselemKay From: GMDPortal 1111:r' Thursday, March 20,2014 4:31 PM BrethauerPaula Subject: Meeting Request Received Paula Brethauer A Portal request has been received for a Meeting. The Hearing Reference Number is: HH20140001080 To view the full details navigate to the hearings sheet under this reference number to view the details of the request. Folowing is the information privided by the portal user: « N.V WWWV««««« « « Reference Number: HH20140001080 Project Type: Planned Unit Development Amendment Project Description: Revise MPUD to remove affordable housing trust fund and workforce housing requirements and modify the Master Plan. Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: 4-1 (1-5pm), 4-2-14, 4-3-14, open the next week •available Dates: Location: 8799 IMMOKALEE RD, Tree Farm Road MPUD, Naples, FL, Parcel Number: 00188040005, 00187400002, 00187240000 Full Name: Tim Hancock, AICP Email: Tim.Hancockgstantec.com Company Name: Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 Representing: Landquest, LLC - Max Minhas, President Contact Number: Work: 239-649-4040 x5873 -••• Please follow up with the applicant to schedule the meeing date and time. der Florida Law, e-mail addresses are public records. If you do not want your e-mail ddress released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION • (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressina personnel odor to ore- application meeting—please allow 3 days for°rooming. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpiatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) Cl PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) • ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) 22/48/26 E1/2 of SE1/4 of NE1/4 as desc in OR 4413 pgs 3836-3838 (see attached) -7-4g f 2 S2.Z FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 00187240000, 00187400002, and 00188040005 -F Qol9Yy/'103 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) Tree Farm Road-MPUD PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 20140000640 • Co er County IICOLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Darlene Cherry submitted for Tim Hancock PHONE(239) 649-4040 FAX (239) 643-5716 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. • FOR STAFF USE ONLY FLN Number(Primary) 001g721/0006 t Folio Number 04187g00002-- Folio Number OOi 8 OW 005 Folio Number(0(900z-114oO Approved by: 0,7121 .4.---/ Date: /-52— C( Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • 1111114 tir JI! 1111 it1 # li IN pp lot? 111L4 lilt '' I 11111 ill 1111 1 qi I 41 I I :..... , if iii i i ; i ' 5 It i 0: I' IP 0 i 1 i . !0 1 I K1 I . 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' •i v ' /': • • CI 111 t • �I I I I ?' ,.1 • t.�' � 8 g o° il w w s . i. ts'It•7.. 8 gi - ..r. • - r,'4.- 7 •,,,- a .- ••! retails Page 1 of IPrint I I Tax dials I I Change of Address I Property Summary I Property Detail it Aerial 11 Sketches II Trim Notices I Parcel No. 00187240000 Site Mr. Name/Address MONAGHAN TR,THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No. Section Township Range Acres *Estimated 3622 000100 007 3822 22 48 26 18.46 Legal 22 48 26 E1/2 OF SE1/4 OF NE1/4.LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 G 222 MNIg.Rates D SitkillIg2119 Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 Latest Sales History 2013 Certified Tax Roll • (Not all Sales ars Mad due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $923,000 11/16/10 jfialan $0 (+) Improved Value $0 110/1A MA. 2aA2.27a1 t n • ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum�0187240000 4/9/201 Page 1 of collier County rroperty appraiser Property Summary • Parcel No. 00188040005 Site Mr. 8799 IMMOKALEE RD Name/Address MONAGHAN TR,THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No Section Township Range Acres "Estimated 3822 000100 023 3822 22 48 26 14.12 22 48 26 E1/2 OF SE1/4 OF SE1/4,LESS CANAL R/W S 100FT,LESS THOSE PORTIONS AS DESC IN OR Lagd 4413 PGS 3836-3838 MiNlageABIL0 222 MiNage Rates 8) *Caiaiattons Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) 11/ Dab Book-Page Amount Land Value $706,000 1/16/10 4625-278 $O (+) Improved Value $0 09/16/04 3643-3261 $0 (-) Market Value $706,000 09/16/04 3643-3259 $0 08/29/02 3099-3456 $0 (°) Assessed Value $706,000 08/29/02 3099-3453 $5,700,000 (a) School Taxable Value $706,000 07/15/98 2441-1147 $2,663,200 (=) Taxable Value $706,000 07/15/98 2441-1144 $0 If ai Values shown above equal 0 this parcel was created after the Rral Tax Soli 04/01/88 1344-47 $1,293,500 04/01/84 1078-1675 $0 • ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNinn 0188040005 4/9/201 Page 1 of Loiiier g.ounty rroperty appraiser Property Summary Parcel No. 00187400002 Site Adr. III Name/Address MONAGHAN Tit THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No. Section Township Range Acres =bead 3822 000100 0113622 22 48 26 18.46 Legal 22 48 26 F.1/2 OF NE1/4 OF SE1/4,LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 MElaga Area O 222 MMIKIIBMOLO K'lcuiatlons Sub./Condo 100-ACREAGE HEADER School Other Total 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 Latest Sales History 2013 Certified Tax Roll (Not all Sales ant bead due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $923,11 11/16/10 4625-278 $0 (+) Improved Value 09/16/04 3643-3261 $0 (.) Market Value $923,000 09/16/04 3643-3259 $0 08/29/02 3Q99-3456 $0 (s) Assessed Value $923,000 08/29/02 3499-3453 $5.700,000 (_) School Taxable Value $923,000 07/15/98 2441-1147 $2,663,200 (.) 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I f ORDNANCE NO.07- 54 • AN ORDINANCE OF THE BOARD OF COUNTY �� ct COMMISSIONERS OF COLLIER COUNTY, FLORIDA, aaznu AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A)ZONING DISTRICT TO THE MIXED-USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR A PROJECT • TO BE KNOWN AS THE TREE FARM MPUD CONSISTING OF A MAXIMUM OF 175,000 SQUARE FEET OF COMMERCIAL USES AND A MAXIMUM OF 425 RESIDENTIAL UNITS - LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (CR 846)AND COLLIER BOULEVARD(CR 951),IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 58.84*ACRES;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere,AICP,of RWA.Inc.,representing the Tree Farm Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property,known as petition PUDZ-2005-AR- • 8284. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South,Range 26 East, Collier County, Florida, is changed from the Agricultural(A)Zoning District to the Mixed-Use Planned Unit Development(MPUD) Zoning District for a project to be known as Tree Farm MPUD consisting of a maximum of 175,000 square feet of commercial uses and a maximum of 425 residential units in accordance with the Tree Farm MPUD Document,attached hereto as Exhibit"A"and incorporated by reference herein.The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41,as amended,the Collier County Land Development Code is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of • County Commissioners of Collier County, Florida, this 2,4, day of 2007. PUDZ-2005-AR4214/MDhp 1 of 2 0*,.C' • •• ATSP-#: , , BOARD OF COUNTY COMNIISSIONERS CLERK COLLIER COUNTY,FLORIDA tg obi nti Clerk J• I .COLEITA, Approved as to form and legal sufficiency: M • Student Stirling 'J Assistant County Attorney • • This ordinonce fi!ad with the Secreitory of State's Office th • _1.4dvy cf'' iT and acknowledgement of that fiii7 �eiv.d this `dny of Cy 'S7 0(-r Pt1D�2005-AR-t2=4/MmhP 2 of 2 • TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST 2600 GOLDEN GATE PARKWAY,SUITE 105 NAPLES,FLORIDA 34105 • PREPARED BY: I nc_ ONS LTING •� L • Vl Z 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and GEORGE L.VARNADOE,ESQUIRE PASSIDOMO,CHEFFY&JOHNSON,LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES,FLORIDA 34112 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER • AMENDMENTS AND APPEAL: EXHIBIT"A" CADocwnrnta and seam kardrilrrmaI ocd sta inp\Tm ior,,y Imam F1ks1OLK1C9'2007-o7-02 MVP Mal Cowley altoiney revbims}.doc 1 of 26 • TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) SECTION V PRESERVE DISTRICT(P) SECTION VI DEVELOPMENT COMMITMENTS • • CADoe,�,and s�MLa d S�%rsnporay Wand SIMOUu c9‘20o7-07-o:IOW Mid cater gurney reviliOnaMdc 2 of 26 • LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" LEGAL DESCRIPTION EXHIBIT"C" SCHEDULE OF DEVIATIONS EXHIBIT"D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT • • • CADocurnents and Setinptiodrahen MLoal SeThaplToupoeaey Into net FikaVO(KtC91007.07.02 MPUD(final County anorney revidiOns).doc 3 of 26 • STATEMENT OF COMPLIANCE The development of 158.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development(MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map,with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective 1 of the Future Land Use Element(FLUE),all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the • intersection of Inunokalee Road and the future Collier Boulevard (C.R. 951) Extension. This strategic location will allow superior access to the site,and provide an ideal location for commercial activities. The project is a mixed use development located within,and less than one mile from, an Activity Center. Therefore,the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses(Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore it will implement,and further Objective 2 of the FLUE, Objective 8 of the Transportation Element,Objective I.2 of the Sanity Sewer Sub-Element. . 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: • CADoaanpm and SeninpyadnMasraWncal Setmipaimpawry lahmet Pt7a10LKIC912po7-07-02 MPUD pints Crony any teviions).doc 4 of 26 0 VIM"r"3 77-''''.., ..,� °�, ,�.�''` 7.7,- i g.a f � - ,-; A.,-7-.-e7;15.i � �� t , ,....t_,.., -,,,,:,,,k-+J1r 7 ♦� �y@,FBI 4 y� �t iP�' �{ N� ��.a. rya>� 1t'Xa � �,! � �ji '"!'cd7h'� .S J tit�.,;.t,A.,-.t..1 A a r::::e1. ' Iry_r �', g.'. .'`jP ff f�.ti"rr=.! ,r; c!'4 , Y-4,—.'� Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density Band Total 58.84 N/A N/A 9.85 580.00* Table IA:FLUE Eligible Density(*Rounded) Mixed Use Activity 18.69 7.70 16 143.91 Center Subdistrict Urban Residential 40.15 4.00 7 281.05 Subdistrict, Density Band Total 58.84 7.22 9.85 425.00* Table IB: MPUD Density(Rounded) 110 7. The MPUD sets forth a maximum density of 425 dwelling units or 7.22 dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density generated from the Activity Center shall be constructed within the Activity Center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular intercormectivity to the west, and has been designed to provide vehicular,pedestrian and bicycle interconnectivity throughout the project,including between the commercial and residential components. • CADoonnons and SetiMpkindtMensuloal SetthTn, o my Intemet Faet10LICIC917007.07. MPUD(final Canty maney ierisions):doc 5 of 26 SECTION I • PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the P property,and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA PARCEL 1: THE EAST HALF(1/2)OF THE SOUTHEAST QUARTER(1/4)OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF(1/2) OF THE NORTHEAST QUARTER(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, • COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER(1/4)CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE,N. 89°57'31" W.,A DISTANCE OF 660.13 • FEET ALONG THE SAID NORTH LINE; C:IDoqunenn and SettingsVandrsherrenALacal SauiegriTe"porary b meet Fri ,O[KIC9%t007.07-02 MPUD(6m1 Camay attorney nrsions doe 6 of 26 • THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER(1/4)LINE N. 00°45'01" W.,A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S.Monaghan(Folio:00187400000,00187400002,and 00188040005) 1.4 DEVELOPER The Tree Farm property is intended to be developed to the "developer" °� by the Tree Farm Land Trust. All open as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the . subject property described and depicted in this MPUD Document within six months from the actual conveyance,or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of±58.84 acres located in the northwest corner of the intersection of Immokalee Road(CR 846)and the future extension of Collier Boulevard(C.R.951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±7.2 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: • storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. CADoc,i pn nd Sedhgelse'dohermnll+oal SettmptTempomy(Monet FIIc,OU(IC91200747M2 MPUD Mal Canty egorney revisim„),x 7 of 26 1.6 PROJECT DESCRIPTION • The Tree Farm MPUD shall be a mixed-use development. The southern*18.65 acres of the property, located within Activity Center #3, shall allow for a variety of commercial and residential uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps,restaurants,banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from the future extension of Collier Boulevard(C.R.951)and will include an access point off Immokalee Road, when a shared access agreement with the • adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of hnmokalee Road, and across from and to the west of subject property. Access from the future extension of Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, hnmokalee Road intersection; and a full median opening at approximately one- half(1/2) mile from the Collier Boulevard, Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, the project is designed to provide for adequate land to accommodate the extension of Immokalee Road, the possibility of an eventual six-laning of Collier Boulevard (adjacent to the project), and for the future widening of Collier Boulevard, including intersection improvements and potential relocation of the Collier Boulevard canal to facilitate such intersection improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. • C:WD cwuans and SenntssistodeahmenALocal Setlitp\Tengowy Inman F s OLK IC9%2007-07-02 MPUD(final County storm Ie„ti0ni).doe 8 of 26 • 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK • I • Comment.and SCld.ahmdrahenenLLoeal Snuap+Tmyoraey Worm Fa..$ODUC92Oo7-07-0:MPUD(t, I County Attorney revvions).aa 9 of 26 • SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A", MPUD Master Plan. There shall be three land use districts, portions of which may include water management lakes or facilities, and private rights-of-way. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II • • PROJECT LAND USE TRACTS • "C" COMMERCIAL MIXED-USE +18.69 "R" RESIDENTIAL +39.64 "P" PRESERVE ±0.51 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation for future extension of Immokalee Road,expansion of Collier Boulevard, and improvements to the intersection of these two arterial roadways. This right-of-way reservation includes 4.34 acres within the "C"Commercial Mixed-Use Tract(Activity Center)and 3.08 acres within the "R"Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to+39.64 acres. B. Intensity: A maximum of 1 75,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 143,500 square feet may be retail and the balance(above 143,500 square feet)is limited to office use, as set forth in Section 3.3 of this MPUD. • C.1Docume n and SNIepWutbahe tre\Local Sonnsigempocary Warm PiezIp1JCIC9\2007-07-02 MPUD(fat County amrney reheioncydoe 10 of 26 • C. Approved Density: A maximum of 425 residential dwelling units may be constructed in the total project area. The gross project area is 58.84-+ acres. The gross project density, therefore, will be a maximum of 7.22 dwelling units per acre. A minimum of 15 percent of the density generated from the Activity Center acreage shall be constructed within the activity center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tract identified as "P," contain 0.51 +/- • acres,fully satisfying the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"D". 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet(50'). Deviation#1 from Section 6.06.01(0)of the LDC Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. • C.-1Documew,and I SedinplTargorary Intanret FdWOUCIC9t2007.07-02 MPUD Moat County money revi,oaa)doe 11 of 26 2.7 SIGNAGE • A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project,or any major use within the project,shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name,insignia or motto of the entire development,and the developer's name and logo.Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION#2 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property • immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building,structure or use.DEVIATION#2 3. Signage, as permitted by the LDC or this MPUD, may be placed within the tight-of-way reservation tracts with approval from Collier County Transportation Services Staff, provided that any such signage be removed or relocated outside of the right-of-way reservation tract within which the subject sign is located, within 60 days of written request to do so by Collier County Transportation Services Division. The County shall bear no responsibility for any costs to remove or relocated such signage. • cino,...m.sod SNlpplpedsabonaVacal Setsnp%Temporary IManet FihslOLK IC9■2007-07A2 MPUD Mid County swag Ievieioei}dot 12 of 26 • SECTION III COMMERCIAL MIXED-USE DISTRICT(C) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions,to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 f acre commercial area (District "C"), is limited to a maximum of 175,000 square feet of commercial/office uses, of which a maximum of 143,500 square feet may be retail and the balance (above 143,500 square feet) is limited to office use. A minimum of 5,000 square feet shall be developed with professional or medical office use.A minimum of 15 percent of the density generated from the Activity Center acreage shall be developed within the Commercial-Mixed-Use District, and the balance of the density generated from the Activity Center acreage may be developed within 1/3 mile of the Activity Center • boundary. No more that 50%of the allowable commercial square footage may be developed prior to the development of at least one-half of the minimum required dwelling units within the Activity Center, and no more that 75% of the maximum allowable commercial square footage may be developed prior to the development of the remaining 50%of the minimum required residential dwelling units within the Activity Center. 3.3 PERMITTED 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: A. Principal Uses': 1. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 —Paint glass,and wallpaper stores; 4. Group 5251 —Hardware stores; 'Reference Executive Office of the President.Office of Management and Budget,Standard industrial Classification Manual,1987 Edition. C:iDoauments and SeninpundrahetravALacal Seninp\Teape,ery Intant PI1 OUC ICA%xoo7.07.02 MPUD(bow Comity ananey revisions).aoe 13 of 26 • 5. Group 5261 —Retail nurseries,lawn and garden supply stores; 6. Major Group 53—General merchandise stores. 7. Major Group 54-Food stores. 8. Group 5531 — Auto and home supply stores, not including any installation facility; 9. Group 5541 —Gasoline stations,not including service facilities; 10. Group 7542—Carwashes only. 11. Industry Group 555—Boat dealers. 12. Major Group 56—Apparel and accessory stores. 13. Major Group 57—Home furniture,furnishings,and equipment stores. 14. Major Group 58—Eating and drinking places. 15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 — • nonstore retailers;598—and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61,62, 63, 64,65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 — Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 —Laundry, cleaning, and garment services, only including Group 7211 —power laundries, family and commercial, Group 7215— Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723—Beauty shops d. 724—Barber shops; e. 725—Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, • electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. C.Doc u eats and Settingsnandraheneratacal Ssuiag\Trnyonry Internet FAts■OLKIC912007-07-02 MPUD(Amt County atoms),re ujpp),4OC 14 of 26 • 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; c. 735—Group 7352—medical equipment rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 —computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384,photofinishing laboratories. 21. Group 7513 — Truck rental and leasing, without drivers; Group 7514 — passenger car rental; Group 7515—passenger car leasing; and Group 7519— utility trailer and recreational vehicle rental. 22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 — repair shops and related services,not elsewhere classified. • 23. Group 7832 — motion picture theaters, except drive-in, and Group 7841 — video tape rental. 24. Major Group 79 — Amusement and recreation services, for the following industry numbers: a. Group 7911 —Dance studios,schools and halls b. Group 7922—Theatrical producers(except motion picture)and Group miscellaneous theatrical services c. Group 7941 —Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 —Physical fitness facilities e. Group 7999 — Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction,sporting goods rental only. 25. Major Group 80—Health services for the following industry groups: a. 801 —Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803—Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. • 26. Major Group 807—Medical and dental laboratories for the following industry numbers: a. Group 8071 —Medical laboratories; c:Woeenrees and SegiseWadnheneraH.owl S Ihip\renpwary inferno Fi1ea1DUUC912007.07.02 MFUD(dad Cowry aaorney revisions1doe 15 of 26 b. Group 8072—Dental laboratories. • 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 —Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research,and management for the following Industry Numbers: a. Group 8711 —Engineering services b. Group 8712—Architectural services c. Group 8713—Surveying services d. Group 8721 —Accounting,auditing and bookkeeping services c. Group 8732 — Commercial economic, sociological, and educational research f. Group 8741 —Management services g. Group 8742—Management consulting services h. Group 8743—Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined under Major Group 91 — Executive • legislative,and general government,except finance. 32 Residential multi-family dwelling units,whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accarery Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. • C:1Doeuneett etd Se Ifl s driene,iUanl StttinnsVTenpaety Internet FilenD KIC9\2007.07-02 MPUD(final County mom"tevieion4doe 16 of 26 • 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA 10,000 sq.ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS(External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. X25 R SPS From Western Project Boundary 25 ft. 15 ft. MINIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 R • Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. I0 ft. or 1/2 the sum of 10 ft. MIN.DISTANCE BETWEEN STRUCTURES boil ' heights** MAXIMUM HEIGHT Retail Buildings(with or without residential uses) 50 ft. 62 R*** 35 ft. Office Buildings(with or without residential uses) 65 ft. 77 ft.*** ,35 ft. INIMUM FLOOR AREA 1,000 sq.ft:**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA 175,000 sq.ft.***** N/A * No structure may be located closer than 20 feet to the top of bank of a lake(allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. *1* This is an estimate of Actual Height given the LDC definition thereof, and the following facts and assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum Zoned Height limit;and c)the Actual Height cannot be fully ascertained until an applicable Site Development Plan is submitted. ****Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *****Total allowable commercial square footage is 175,000 square feet,;however no more than 143,500 may be retail and the balance,above 143,500 square feet,if developed,shall be office. CADootmaon and S Sennronaandranarmaat.ocal Se dnlp%Tmnporary lutenist Fi adOLKIC9,2007-07-02 MPUD(anal County attorney revsiois).aoc 17 of 26 SECTION IV • RESIDENTIAL DISTRICT(R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R"on the MPUD Master Plan, Exhibit "A". Residential uses,infrastructure,perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 residential dwelling units. Since 15% of the density generated from the Activity Center acreage are required to be developed within the Commercial Mixed Use District,and the remaining density generated from the Activity Center acreage must be developed within 1/3 mile of the Activity Center boundary (as depicted on Exhibit A, the MPUD Master Plan), the remainder of the dwelling units may be developed north of the line on the MPUD demarcating the 1/3 mile distance from the Activity Center boundary.For the purpose of calculating the project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. • 4.3 USES PERMITTED 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: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes,two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be • accessed from inside the ALF (no exterior access), and shall not exceed 2,000 square feet in aggregate. No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. CADocunwnts and Sainp at maoal amthKs\TemPonry Intsmct Piles$O1JG5412007-07-02 MPUD DWI County>amr mvisiau}doc 18 of 26 • B. Accessory Uses: 1. Customary accessory uses and structures including,but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts,tot lots,playgrounds and other outdoor recreation facilities. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. Minimum Residential Density within Activity Center: A minimum of 15 percent of the density generated from the Activity Center shall be constructed within the 18.69 acre Mixed Use Activity Center portion of the project,and the balance of the density accumulated from the Activity Center may be developed within 1/3 mile of the northern boundary of the Activity Center,or within the Activity Center. 411 THIS SPACE INTENTIONALLY LEFT BLANK • C:0Dxumntr and SeerirgfWndra.eneta8.oea1 SepitsukTencorary Inman FilenOLK1C9■2OO7A7-02 MPUD(1,aI Canty~ley tevisiom).doe 19 of 26 TABLE IV • RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO'2&. CLUBHOUSE/ FAMILY ATTACHED& ZERO LOT MULTI RECREATION DETACHED TOWNHO USE INE FAM LY B I DINGS' PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET WA MINIMUM FLOOR AREA 1,000 S.F. 1.000 S.F. 1,000 S.F. 1,000 S.F/O.U. N/A MIN FRONT YARD 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 0 FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 20 FEET or N/A yes ZONED BH, WHICIHEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES. NTE 3 STORIES NTE 2 STORIES NTE • 42 FEET 42 FEET 42 FEET 50 FEET 50 FEET ACTUAL HEIGHT' 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET N/A SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A PRESERVE SETBACK' 10 FEET 10 FEET 10 FEET 10 FEET NIA MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE NOT TO EXCEED 42 FEET 42 FEET S.P.S.:Sane as Principal Structures. NTE:Not To Exceed BH:Building Height Geaerd Notes: Front yards shall be measured as follows: lithe parcel is served by a public or private right-of-way,setback is measur err from the adjacent right-of-way lire. If the parcel is served by a private road, setback is measured from the back of curb((curbed)or edge of pavement(if not • curbed). Setback from lake easements for all accessory uses and structures may be zero feet(07. C:'Doeuneob and SettinglAsandraheneeaNLocel SatitplTetgoury bmemet FilesO1KIC912007-07.02 MPUD Most County attorney tevisiotr).doe 20 of 26 • No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement,shall encroach into a required landscape buffer tract or easement. Fbt otesm I) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0) on one side and six feet (6') on the other side in order to provide a minimum separation between principal structures of twelve feet(12). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted 3) Front loading garages shall have a minimum front yard setback of twenty-three feet(23),as measured from the back of sidewalk Side loaded garages may be located less than twenty-three feet(23)feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4) Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on the clubhouse tract, neither the clubhouse or any other recreational structures shall be located close than twenty (20)feet from any residential building or residential or preservation tract boundary. .5) This is an estimate of actual height given the LDC definition thereof and the following facts and assumptions;a)the property is not located within a flood zone;b)the actual height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum zoned height limit;and c)the actual height cannot be fully ascertained until an applicable site • development plan is submitted. THIS SPACE INTENTIONALLY LEFT BLANK • C:Documents and Soder WandraharrelaNlatid 3eniepVrengeea7 h1 r FdlanOUCI C912007.07-02 MPUD(Qrol Comity ammo r.viiiors)•doc 21 of 26 0 SECTION V PRESERVE AREA(P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District"P", Preserve Area on Exhibit"A", MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats,such as wetlands,including upland buffers,in their natural,and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. • 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and 1 educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC.Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance with the applicable provisions of the LDC. • C:1Decamem,and Seninpleendnibemratocel Sethep\Tenpor=y Inman FiktloL I C9120o7-07-02 MPUD(8nl County attorney mipone).doe 22 of 26 • SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer,its successors or assignee,shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to • the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. B. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. C. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or • easement is determined to be necessary,the fair share cost of such improvement shall be borne by the developer. CADonoreb aid sanierhiandrakare„v.oca1 Satinpl7smpomy Intones FileeDUCI C912oo7-07-02 MPUD(find Canny Manny rcvbionr).do¢ 23 of 26 D. The applicant shall reserve rights-of-way for the future Collier Boulevard extension • and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan(Right-of-way Reservations Tracts A,B,and C,totaling 7.42+/- I acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B)all lands reserved as depicted on the MPUD Master Plan(as noted herein)within 90 days of written request of the County. E. The applicant shall construct a twelve foot (12) asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5)parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy(CO)within the MPUD. F. The applicant shall design the project stormwater management system so as to accept • and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD,in accordance with South Florida Water Management District permitting requirements. G. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection,including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes. H. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instruments) at the time of submittal of the first development order application. I. No certificate of occupancy(CO)for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to I-75 2. Immokalee Road from Collier Boulevard East to 43rd Avenue N.W. 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. • CMDocaioata and SatingsvandmhowersUcal S.atinpVTenpor ry Iaten a Fi1es101K I C952M17 4742 MPUD(arl Camay Mom RvhionOdoe 24 of 26 • J. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road,the developer shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve two areas to be granted as easements to Collier County for raw water wells. The dimensions of these well easements shall not to exceed 100 feet by 100 feet. The approximate location of these well easements is depicted on the MPUD Master Plan. The northerly raw water well easement site is located at the northeastern corner of the MPUD, and can be accessed from Immokalee Road Extension. There are two possible locations for the southerly raw water well easement site, Option A is located on the westerly boundary of the project, south of the "P" Preserve Tract, and is adjacent to an internal drive which, if selected, will include the necessary access and utility easements. Option B is located at the southeast corner of the project and is located adjacent to Right-of-way Reservations • Tracts A and B, and can be accessed from Immokalee Road Extension. The grant of these easements shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the respective well easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. The developer shall also provide a temporary access easement within Right-of-way Reservation Tract C should the Collier County Utilities Division require access to the well sites prior to the grant of said right-of- way to Collier County. 6.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding Po tential impacts to Iisted species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE-WORKFORCE HOUSING: • A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150%of the median income as calculated annually using the Collier County median C:1Ducummeds and Settiop*InchilienenrALogal SetungATemponty 1Menma Fies1)UCJC912007.O7.02 MPUD(fiost County stoney revieiwu}doc 25 of 26 income figure for a family of four as determined by the United States Housing and • Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to$321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The fonn of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. B. The applicant shall make voluntary contributions to the Collier County Affordable Housing Trust Fund of$1,000 per dwelling unit and $0.50 per commercial square foot built in the project. • THIS SPACE INTENTIONALLY LEFT BLANK • Mocumenb and S e d i n s t o n d r o b e r n i t a v oed Sedinp{Tanparary latamet F i k a 1 O U C I C 9 l 2 0 0 7-0 7-O 2 INPUD(hal Cowudy a nomey,eroiastdoc 26 of 26 i w F i • r 1 I M a 1 = a 4 ra:. e T = E 1 • I ! - •1Nt ■1 to hl —, i 3 V ' l. ; 0. S7 1 1 `4 71 _ Mw w +I' TOS N n o Crf A titI > 0 S M t 6 1 a , p Aifirdisj.. , t if"- iEWIL11•111.1. il 4 T 1: LA ) -; ' '4' ,...q HA N..0 'tit. fi 1:,f i_I, . .,,\\\,, ; o • ail Fii Fr 14 I I 'PI ..IL., Ave.... F. r . ' ----;.i4 et... 7 i I 3 I I , 0 ...,-4 1 1,, L 4 14 7*.* 1 IIMII _,, • Ai • , , t _ $ . , . . ,:.r-0 r 4-*- 1104 ....1 11 . 1 • • Am. : 7- 1 r 4 ) liaa 1 , . . . '' 1 ', ! t 1 1 1: ...4 1 , :s. ;• -- - ..., I .... . . , ''''' ''.-.*•' ;:::7'-'"-7-0 .4.:Z".f...7'----. 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LAND TRUST TREE FARM MPUD 1?R1AINc.47..„ ... . .. ,„.. •,...•.. — CONCEPTUAL WA TER A.t I Sanagleibilirmil ' — MA NAGEME,VT PLAN ",:•t7.7.-..---...""nlir'" ''"Z=4 4',.`,7=. 1 ... __ • 1 i ..%14. I i.4.''' .11.w.. .,. .t. i is j ! ...n r • t ' y f !I ,KSI 1 1`x` - -•I. 1 I + 1. rd3til v Mt fl agora^ . 1 ti -�,1, ._ Eli n a.1V v'4:. H IP,'F F VAr, FYI , C ..• n.eaaa" aa031: :ICE e j:1:21:. ••yp :1 x v DDDR oanooa0�r1t07s4ri+=e E•;:"e! 4 aaabappv x -a s; c I 11 POaoDD N —, 1 0-3 g I e.-oaa>;imiti.1 iftwom -�^ i J I CC t yin= ODc: 1 0 • i ii I P$3 . • 1 1 , , / , F • ; i I i `'l L ; I_. i t ' ',':.. ; 1 j . ..-1-. \ ,� I _1 f i\ 1; II I Ir, 11 ! 1 tic , it r I to a ! I gx? A4r 1 4 ( q: n. tn.4 Ili s 7 ei l I --- _.._.;_ 1. i 1 i I 1 1 . • .I 11.• TREE F•dR.N �.,_ .w L DTRUST TREE FARM �. ��,.:.•.. `O:..,• (R(7n"SECTIONS i`S i1.- 7� iti a-. K�nanewpp`n • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-54 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. 410 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk. ' Ex-officio to Board .og; County Commissioners. Teresa Polaski, Deputy Clerk 4110 • TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: • . NAPLES.FLORIDA 3110SLANDOUEST GRQUP 5150 TAMIAMI TRAIL NORTH NAPLES.FLORIDA 34103 • PREPARED BY: PAVIA_ Z � C"c)NSt I.'i IN(; ENGINEERING 6610 Willow Park Drive Salle 200 Naples,Florida 34109 and PASSIDOMO,CHEFFY S JOHNSON LLP NAPLES.FLORIDA 31112R. BRUCE ANDERSON CHEFFY PASSIDOMO,P.A. 821 S1k1 AVENUE SOUTH Fin—matted;Supersaiot NAPLES,FLORIDA 34102 Formatted:Underline re., .,c u „aakarc.�: a (?Foinateed:St`iethrouph -Il **ltd. TREE FARM MPIU M.:Nn4UUMu.40 }p4� k 4,, 4,2111. I of 29 • • DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: EXHIBIT"A" TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) 5 SECTION V RECREATIONAL AREA(RA) • FanglOed:Not Ai cis SECTION VI PRESERVE DISTRICT(P) [Formatted:Norma,Tab stops:Not at 1.75" i SECTION VII DEVELOPMENT COMMITMENTS Formatted:Underline `formatted:Strioettrough les,onkrl Md ackKtexi i is dekud. TREE FARM MPUD PLA114 MP*4O 440,44,410,4,1 4.201 2 of29 • • LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" LEGAL DESCRIPTION EXHIBIT-C' SCHEDULE OF DEVIATIONS EXHIBIT"D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE 1B MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT • TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA Fomes:Underline Formatted:Mot:Tough 7 cxkonAla nc.1 r iMkrlrrcb - d&kd TREE F RM a:Puu PL31fl4 Fannin 4,,l -,x_zees 3 of 29 • • STATEMENT OF COMPLIANCE The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development(MPUD)to be known as the Tree Farm MPUD,shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies. land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+I- acres in size and is designated Urban on the Future Land Use Map,with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict,and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective I of the Future Land Use Element(FLUE),all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and Atha future Collier Boulevard (C.R. 951) Extenaiow. {Formatted:Font color:Red,=40 This strategic location will allow superior access to the site,and provide an ideal location for 1Famamod:Font color:Red, commercial activities. The project is a mixed use development located within,and less than one mile from,an Activity Center. Therefore,the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses(Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01,adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE,Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: FFormattad:tk e 1<=i .fid;, R� ormatted:St�aennauyn 1p1dq4rmia 5 - �.+ed 1 F F, !f NU� P'11 _L.U 444.4 40¢+44,4.:4915 4of29 • • FLUE Designation Acres Eligible Base Eligible Total Eligible +/- Units/Acre Bonus Eligible Gross Density/Acre Density/Acre Density Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density Band Total 58.84 N/A N/A 9.85 580.00* Table IA: FLUE Eligible Density(*Rounded) FLUE Designation Acres MPUD Density Eligible MPUD Gross +/- Units/Acre Density/Acre Density Mixed Use Activity 18.69 7400. 8) 16 143,9.10ht) Center Subdistrict Urban Residential 40.15 1.007.[8) 7 281.05 Subdistrict, Density Band Total 58.84 .22.1 5),S59.Nt7 1252511.00' [Formatted:Font color:Red Neatened:Fork color:Red Table IB: MPUD Density(*Rounded) 0 7. The MPUD sets forth a maximum density of 4 .281 dwelling units(281 multi-family single Intuits.attached tow nhouse or 138 single-faintly detached units) or 7.214.78 dwelling units per acre. T�fe pection-cif he projectrit h,-theThe Activity Center shall be:developed at a human scale;pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west,and has been designed to provide vehicular,pedestrian and bicycle interconnectivity throughout the project,including between the commercial and residential components. f Forntetbed:Underline 1Pornin Stria/through 1 7.m undcdMMd.adcdl7 x •_ ..i. 1,tE ti M MP g1M100064 t +„s.-44,r,i h;<,i ,...,,,,Ci �� 5 of 29 4110 • SECTION 1 PROPERTY OWNERSHIP AND 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 the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA. PARCEL I: THE EAST HALF(1/2)OF THE SOUTHEAST QUARTER(1/4)OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF(1/2)OF THE NORTHEAST QUARTER(1/4)OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF(1/2)OF THE SOUTHEAST QUARTER(1/4)OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4)OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER(1/4)CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE,N. 89°5T31"W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE: iorm> ed:Underline Stricethrough I Icm iy M �n �sAcktl,Icxl 1s&Rini. TREF FARM�IPUD P'014001R)P41! k«.-ew,� .20I k Formatted: 6 of 29 S • THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER(1/4) LINE N.00°45'01"W.,A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP • [Fonnatted:Indert:Left: o^,Hanging: o.s" The subject property is owned by: Thomas S. Monaghan (Tree Farm Land Trust) (Folio: 00187400000, 00187400002, and 00188040005) ('oilier Count% (Folic!: M190041403. 7.42 ae property con%eved tee simple to (oilier^ Fornd Indent Left 0.5" 1 Count%—0R4413 PG 3N14 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or asiznerassit;nee. All reference to the "developer" as may be contained in this MPUD S Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County,in writing,of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance,or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of s58.84 acres located in the northwest corner of the intersection of Immokalee Road(CR 846)and, Collier Boulevard(C.R.951). The {Fonnateed:striket►rough property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±7.2b_4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will he in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including,but not limited to: [Formatted:Unbe1li1C rete ,ivr r.war r Ulmdtl��9AueV adn�_rrtct FARM RtPUD P420140®04 ± '' G� , .2s1$ Formatted:9tNlretlrouph 7 of 29 • 1111 storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern±18.e -6acres of the property,located within Activity Center#3,shall allow for a variety of commercial twat fie-iitlet+fia4-uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps,restaurants,banks,and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recFlationai portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves)and active recreational opportunities. Access to the property will be from;hr future extcrosion ot;Collier Boulevard(C.R.951)and FFarmatted:Font odor:Red,Strikedrawh will include an access point off Immokalee Road, when a shared access agreement with the Formatted:Strtaettraugh adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of lmmokalee Road. and across from and to the west of subject property. Access from t (Formatted:Fartootor:Red,Strikedvough Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; aha full median opening at approximately one- half(1/2) mile from the Collier Boulevard, Immokalee Road intersection: and an optional right inr'right out access at approximately three quartet t3-s) utile from the Collier Itoufc�ardilrmnokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI,and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, this protect has provided adequate land to accommodate the widening of Immokalee Road and Collier Boulevard. including intersection improvements and the reconfiguration of the lmmokalee canal to facilitate such improvements. 't' 'e " 4 . inei lit}g. et on—mpro. .- nd :Underline ity Formatted:Sb1kedrvugh I eh+k med n added.Tear to deleted tRkt Mgt,'NI t<iQ P.217105ns40kho-,rd.2ol5 S of 29 • The Tree Farm MPUD will he served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. S Fortnatbad:Underline .. i �s i�. h �Formatted:Stnhethrotgh kid letk AgMS1PUP Pule'NxMK 4U a+.awrct,ac�a.2014 9 of 29 • 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK 4111 Formatted:Underline I .Saiiremrougn 10 of 29 • • SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD,as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit"A",MPUD Master Plan. There shall be three-four land use districts,portions of which may include water management lakes or facilities, and private rights-of-way c=! dri,t aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE • "c'M1.1" COMMERCIAL MIXED-USE ±18.69* "R" RESIDENTIAL 139.61 39.19 "P" PRESERVE ±0.51 "RA" RECREATIONAL AREA 11.45 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way liesretwo io coat. an<e for `. Collier Boulevard, expansion of Immo/aloe Rc+act , and improvements to the intersection of these two arterial roadways. This right-of-way gnvevanc. includes 4.34 acres within the "Cali. "Commercial Mixed-Use Tract(Activity Center)and 3.08 acres within the 'Formatted:Not Highlght "R"Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to ±444•439,19 acres. 1 B. Intensity: A maximum of-175,0(X/120 000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 1 11111.00p13.51111 square feet may be retail of ofticg and the balance (above orrn ttmd Underline Formatted:Strkethro gh 1,1040.,-aft TcMlfk4R1r AsAteb iy Jekart TRU FARM'•1PUD PLOI40UIkW.4o I t of 29 S i 413.500100.000 square feet)is limited to office use,as set forth in Section 3.3 of this MPUD. C. Approved Density: A maximum of43—2$l sinelc-fantiih_attached townhouse units or 13h single-family detached residential dwelling units may be constructed in the total project area. The gross project area is 58.84± acres. The gross project density, therefore,will be a maximum of 7.221.78 dwelling units per acre. ' minimum t 1 percent of the density generated from the .\ctisity Center acreage p ;e The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tracts identified as"P,"contain 0.51 +1- acres fully satisfrot the native vegetation requirements. Formatted:Fant color:Red B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"U". 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet(50'). Deviation#1 from Section 6.06.01(0)of the LDC, Utilization of lands within all project rights-of-way for landscaping, decorative entranceways,and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. ,2.7 FENCES AND WALLS I Formatted:Font color:Red Deviation#2 seeks relief from LDC"ectson 5.03.02.0,which permits a maximum wall I Formatbad:Font color:Red heieht of 6' in residential zoning districts and residential components of a PUD..to allow a Formatted:undue maximum wall height of 8' alone the perimeter of the PUD, and allow a 12' wall,/berm Formed: Strikethrough 12 of 29 • • combination wrthin residential portions of the RIID along Collier Boulevard. The berm f Formatted:Font color Red portion of the 12*wallrberm shall be a minimum o1'3' in heieht. Fames:Font color:Red 3 2 8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. L Boundary marker monuments containing project identification signs designed to identify the project,or any major use within the project,shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided,each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name,insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION#23 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.IS.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building,structure or use. DEVIATION#24 3 �Formatted: 13 of 29 • • SECTION III COMMERCIAL MIXED-USE DISTRICT(C1,1)1L) Formatted:Fan color:Red Formatted:Underline,Font color:Red 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C'411 ", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions,to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 ± acre commercial area (District "C"), is limited to a maximum of 175.000120 000 square feet of commercial/office uses, of which a maximum of 4-11 400100J100 square feet may be retail or office and the balance(above I13,5o0100 00o Formatted:Not H light square feet) is limited to office use. . 3.3 PERMITTED 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: A. Principal Uses': 1. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231—Paint glass,and wallpaper stores; tttt } i Reference Executive Office of the President.Office of Management and Budget.Standard Industrial Classification Manual.1987 ,Formatted!Underline Edition. Fo ny�d; 11 ITea s[irs ' FA''.IMPV. P tt 41M011M I o ra.2t115 14 of29 4110 • 4. Group 5251—Hardware stores; 5. Group 5261—Retail nurseries,lawn and garden supply stores; 6. Major Group 53—General merchandise stores. 7. Major Group 54-Food stores. 8. Group 5531 — Auto and home supply stores, not including any installation facility; 9. Group 5541—Gasoline stations,not including service facilities; 10. Group 7542—Carwashes only. 11. Industry Group 555—Boat dealers. 12. Major Group 56—Apparel and accessory stores. 13. Major Group 57—Home furniture,furnishings,and equipment stores. 14. Major Group 58—Eating and drinking places. • 15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 — nonstore retailers;598—and not including retail sale of fireworks. 16. Major Groups 60,excluding 6099 check cashing agencies,61,62,63,64,65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 —Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 —Laundry,cleaning,and garment services,only including Group 7211 —power laundries,family and commercial,Group 7215— Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723—Beauty shops d. 724—Barber shops; e. 725—Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair Formatted: 1 Fonna1wdc*Imcd is Strikethrough added.Teat -ih atalt a delay L TREE FARM MPUD PL201400006e0 lub-2YQetob r 4.20115 �a� 15 of 29 • S weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; c. 735—Group 7352—medical equipment rental and leasing; d. 737 —Computer programming, data processing, and other computer related services, not including Group 7371 —computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384,photofinishing laboratories. 21. Group 7513 — Truck rental and leasing, without drivers; Group 7514 — passenger car rental; Group 7515 —passenger car leasing;and Group 7519— utility trailer and recreational vehicle rental. 22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 — repair shops and related services,not elsewhere classified. 23. Group 7832 — Motion picture theaters, except drive-in, and Group 7841 — 410 video tape rental. 24. Major Group 79 — Amusement and recreation services, for the following industry numbers: a. Group 7911—Dance studios,schools and halls b. Group 7922—Theatrical producers(except motion picture)and Group miscellaneous theatrical services c. Group 7941 —Professional sports clubs and promoters,only including managers of individual professional athletes,and promoters of sports events. d. Group 7991—Physical fitness facilities e. Group 7999 — Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction,sporting goods rental only. 25. Major Group 80—Health services for the following industry groups: a. 801—Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803—Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. Formatted:Underline Formatted:Strikethrough II oiiknda .9med is added.7NtieNA i4matah 15&kVAI TRU}ARAI MPt D PL201404$111MQ NAh-d+),U4 r=a p115 16 of 29 4111 • 26. Major Group 807—Medical and dental laboratories for the following industry numbers: a. Group 8071—Medical laboratories; b. Group 8072—Dental laboratories. 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231—Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research,and management for the following Industry Numbers: a. Group 8711—Engineering services b. Group 8712—Architectural services c. Group 8713—Surveying services d. Group 8721—Accounting,auditing and bookkeeping services e. Group 8732 — Commercial economic, sociological, and educational research f. Group 8741—Management services • g. h. Group 8742—Management consulting services Group 8743—Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined under Major Group 91 — Executive, legislative,and general government,except finance. 32 Residential multi-family dwelling units,whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. Formatted:Underline Fomented:sMkearough SJ T«Sutderiined is added.Tat00u k lMsud is dck0cd, TREE FARM MPUD P120140000640 de4,-46Octobcr 4.2013. 17 of 29 • • 3.4 DEVELOPMENT STANDARDS A. Table Ill below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES CCESSORY USES MINIMUM LOT AREA 10,000 s..ft. N/A VERAGE LOT WIDTH 100 ft. N/A INIMUM YARDS External From Immokalee Road Canal ROW 5 ft. SPS From Future Extension of Coiner Blvd. 25 ft. SPS From Western Pro' Bound 25 ft. 15 ft MINIMUM YARDS Internal Internal Drives/ROW 15 ft. IO ft Rear loft. loft Side 10 ft. IO ft Lakes 5 ft. 20 ft* Preserves 25 ft. 10 ft. 10 ft. or 1/2 the sumo 10 ft. MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT Retail Buildin;. with or without residential uses) 50 ft. 37211111111135 ft. Office Buildin.: with or without residential uses 65 ft. EIMIIII.35 ft. MINIMUM FLOOR AREA 1,000 f.**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA v; N/A * No structure may be located closer than 20 feet to the top of bank of a lake(allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. ****Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five(25) square feet and shall be subject to the accessory structure standards set forth in the LDC. Total allowable commercial square footage is I75.000(2O,p00 square feet; however no more than I A?5041100,000 may be retail r:r nllice and the balance,above 4 1?-MI 100000 square feet,if developed, shall be office. rFormatted:tkiderline Fonnattad:Striaetlxalgit Ismynderhnod i>Added;Ivriput4.44emeekia Atkld. int f.ARti MPUP PL20140U*N41 htie._}w 4,2UL 8 of 29 S • SECTION IV RESIDENTIAL DISTRICT(R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as"R"on the MPUD Master Plan, Exhibit"A". Residential uses, infrastructure,perimeter land use buffers, and signage: . will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 424-281 multi- tdmils,sinj,lr-tamily attached toti.nhouse residential dwelling units or 138 single-family :. . detached units. _ _.� _ . . . . - -•- - - ' -- --.••: For the purpose of calculating the project • density,4 assisted living facilities(ALF)units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 4.3 USES PERMITTED 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: I. Single-family attached dwellings(including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes,two-family dwellings; 5. Multiple-family dwellings; b. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF(no exterior access). Yon"' :Underline IrxiAmci timdaatdrA rtmantclmith piigMs# ink FARM M :o P1,21040000640 .,, aw,,,,.,.K,vp:ii4 19of29 • . No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. B. Accessory Uses: I. Customary accessory uses and structures including,but not limited to-e4ohhow+e+, private garages,swimming pools and screened enclosures.tem4+ 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B 411, THIS SPACE INTENTIONALLY LEFT BLANK EFonnatted:Underline c mdckls�l. Int FARM MPt D PLHg4000064U �a.. a 2! amateed:$triretFR4lglt -T 20 of 29 • 0 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO"& .4-14.414144,44.- FAMILY ATTACHED& ZERO LOT MULTI RS441.44IlA. DETACHED TOWNHOUSE IINF FAMII Y PRINCIPAL STRUCTURES MINIMUM!OT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 0,4":a',i::4. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N-i MINIMUM FLOOR AREA L000 S.F. 1,000 S.F, 1,000 S.F. 1.000 S.F/D.U. 14,A MIN FRONT YARD 15 FEET 15 FEET 15 FEET 15 FEET N.A MIN SIDE YARD 5.FEET 0 FEET or 0 FEET or 44-1u FEET N.A. 0-?FEET csFEET MIN REAR YARD 4$LIFEET I$LLFEET -13,/,1 FEET 20 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 344444 MIN.DIST. BETWEEN STRUCTURES Q-1,,FEET Iii FEET 4.2-14 FEET 20 FEET or A-1 `5 ZONED BH, WHICIHEVER IS GREATER • I MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 44- 42 FEET 42 FEET 42 FEET 30 FEET Li i i ACTUAL HEIGHT' 54 FEET 54 FEET 54 FEET 62 FEET e_Ill-I ACCESSORY STRUCTURES I FRONT 10 FEET 10 FEET 10 FEET 10 FEET N--1, SIDE 5 FEET 5 FEET 5 FEET 5 FEET N a REAR 5 FEET 5 FEET 5 FEET 5 FEET N-A I PRESERVE SETBACK' 10 FEET 10 FEET 10 FEET 10 FEET N-1 IMAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 24444444. 44, NOT TO EXCEED 42 FEET 424444 S.P.S.:Same as Principal Structures. NTE:Not To Exceed 1311:Building Height General Noses: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. !f the parcel is sen ed by a private road,setback Is measured from the back of curb(if curbed)or edge of pavement(if not curbed). For Setback from lake easements for all accessory uses and structures may be zero feet(tt 1, matted:UrlderNtk Fommilawl Inst Sdiew n ada&t r e-geth i.*kW I'R}I M IMI NIKO P1.2UI404u*.4U .40ice-A+n.J,441 i.M.,: �� 21 of29 • S No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement,shall encroach into a required landscape buffer tract or easement. Footnotes I) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall 2) Setback may be either zero feet(0')on one side and w*4,.-Mfre lee+t3 t on the other side in order to provide a minimum separation between principal structures of tea feet 044 tr,), At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building_footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feel(23').as measured from the back of sidewalk. Side loaded garages may be located less than twenty-three feet(23')feet from the back of sidewalk provided that the driveway design allows far parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. SFr— .Ltti+..ne1:lr- :. - ;whett+{dn•etFk,- r,rttrn _._ lr)4) I-art-at-nee tats,(mil one tI front tardstthad,s110116t'riyiutrcd Thy lard that dors nor contour Mc • I Formatted:Lett,Right: 0" drntway.chillpratulta itt°.%ctbati THIS SPACE INTENTIONALLY LEFT BLANK Formatted:Font:Not Bold Formatted:Normal,Left,Indent:Left: 0", First line: 0" Formatted:Font Not Bold Formatted:Underline • Formatted:9trikedx0uph I<aty,"kr6 1.,.1c..4i,�d;,7s�taa •1Mnueh,%,dtlStcal. TIM FARM MMPLR] PLZ014fl$41t 4444*.}ct 3.11115 22 of 29 4111 SECTION %' RECREATIONAL AREA(RAI 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "RA". Recreational Area on Exhibit "A". MPI ID Master Plan, The nriman function and purpose of this District is topnn.ide ancillary recreational uses for the residents of this Pt!D. 5.2 PERMITTED USES A. Principal Uses: I. Clubhouse,gazebo,or other structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts,playgrounds,pedestrian bicvcic nathuays.and water feajgres. • 3. Passive open space uses and structures, such as hut not limited to landscaped areas.gazebos,and park benches. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined h the Board of Zoning Anneals I"I3ZA"j or Hearing Examiner,as applicable. 13. Accessory Uses: 1. Community maintenance areas,and maintenance structures. 2. Any other accessory use v,hieh is comparable in nature frith the foregoing list of permitted accessory uses, as determined by the Board of Zoning Anneals 1"13/A")or Bearing Examiner. as applicable. Formatted:Underline Formatted:Strikethroteah 1niarrdrrlin d it Lidded. 1K"_FARM 11F1iu P1241I410Innlu 44.-}.:4,1,4.Znl. 23 of 29 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS in:I'm/Pm/oil.s..4Ne:41)s • Formafted:Font:Times New Roman Formatted Table Formatted:Font:Times New Ronan PRINCIPAL Formatted:Font:Tomes New Roman,Ped Bold,Not Italic dININD IM WI AREA, AMMO ST.. • ?minded:Font Times New Roman IMINIMUM 101 W10111 Formatted Table C:::=11111 AnNimum tux*ARIA 1•_IA Formatted:Font:Not Bold,Pect Formatted:Font:Not Bold,Not Italic Forinatbed:Font:Not Bold,Not Italic MIN PRISERVI-SI 1DACK ":51EL1 Fermaa' „MIN,MI)! YAW.; (Formatted:Font:limes New Roman JOIN RIM(YARDFormatted, Formatted:Font Times New Roam DISIATA I Di IWI-LN 20' Formatted SIRUCI DMA Formatted:Font Times New Roman MIS IMAX, ZONED III-.10111 iiFII t- Formatted Formatted:Font Times New Roman ,MAX MAIM 111-101_11 I,' 1.1,1, Foneetted:Font:Times New Roman Formatted UPI ,ACCESSORY S RUM RES,_ Pomaded:Font:Times New Roman Aths_llispa_):,66811 MO TIN SIDIYARFI Formatted Fonnatbad:Font Times New Roman .M1N.REAR YARD 1===111.1.11111.11Mrel rhYsiiRvu st 2,5 M==1:3:=11= MAX_in 41 DIN(l s TORI!N N 11*,, C=.13111 .N01 10 EXCI-T,i/ NTE:Not to exceed C=0:311 Formetrad:Font:9 pt Formattal:Nomal,Centered,tine spacing: single Formatted:Font:Times New Roman,12 pt, Not Superscript/Subscript Formatted:left 41,10 1,1cd REF FARM AiPt D P1.213401141640 ma.4,01k;,,Fro 4.2015 24 of 29 1110 • SECTION VI PRESERVE AREA(P) 05.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District"P",Preserve Area on Exhibit"A".MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats,such as wetlands,including upland buffers,in their natural,and/or enhanced state. 65.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. S2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The.51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D",Compliance Agreement,and in accordance with the applicable provisions of the LDC. forrmaad:Underline Formatted:Striketfroupn inumwderlinni ssAgtW,learetn Hiiwvile lq{nl !KU FARM MUD PI.OI4IIQpW.W ,Wr.:w kt,4,, 25 of 29 • • SECTION VII DEVELOPMENT COMMITMENTS 76.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. I 67.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project,even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee,shall follow the Master Development Plan and the regulations of the MPUD,as adopted,and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition,any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. I 76.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: • t Formatted:Indent:Left: 0.5",Hanging: 0.5"J A44. if any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. CB. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary,the fair share cost of such improvement shall be borne by the developer. Ferniatted:Underline Formatted:Strkethrough 44_, ,� .........,n„. -de._ TREE F 'Al AMPGD Pt 14 4016.10 ,.«a ew 44*._,,3AHS. 26 of 29 4111 410 Etc The applicant shall reserve rights-of-way for Collier Boulevard a ttcnsiett :st aoen,rou, and Immokalee Road expansion and intersection improvements as depicted on the co—:netted:saaettvcu i MPUD Master Plan(Right-of-way Reservations Tracts A, B,and C,totaling 7.42+/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County(other than the aforementioned impact fee credits for Tract B)all lands reserved as depicted on the MPUD Master Plan(as noted herein)within 90 days of written request of the County. t D The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way,or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five(5)parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy(CO)within the MPUD. • I 11The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD,in accordance with South Florida Water Management District permitting requirements. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection,including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes 14,-(i The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. F!_! No certificate of occupancy(CO)for development within the Tree Farm MPUD will be issued until 6 !ening of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to 1-75 2. Immokalee Road from Collier Boulevard East to ="' !venae V.\k".t)il Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. EFormatixel:Underline JMAndcrIntedis added:Teai isdekaed TREE FARM M?t.D 1121,114014101411 dul.e vh+��: �e41.0 27 of29 S • H- (Should it become necessary or desirable to construct a wall to mitigate the impacts- Formatted:Indent:Left: O.5,Hanging: 0s°,I llets of noise from Collier Boulevard or Immokalee Road,the de e4er- peounet,suecesso@ "10 a' 0f numbering or assignee shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. 74.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. 4—The developer shall reserve t ine (I! areas to be granted as an easements to. Formatted:Numberedt Numberatg Style:A,0. + +Start 't+ Collier County fora raw water wells. The dimensions of these this well easement.shall Atgn,ment left+Aligned at: 0.5"+Indent at: he at a maximum x0 feet h' 50 Leet. The approximate 0.75^ location of thistheiie well easements is depicted on the MPUD Master Plan. The #erly rake–water well easement site is located at the northeastern corner of the MPUD, and can be accessed from ollier Boute‘ard Extension. -- -. -. ' . . . _ ..• - -: _ • •. .. . . --- - - -• ' :.. = - ••, The grant of this easements shall occur i at the time of site development plan or final plat approval for the area within the development phase that contains the+r..hceti well easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. n �Farrrrttted•Fant:(Default)Times es New Roma Formatted:Indent:Left: 0.75' I 4-5 7_5 ENVIRONMENTAL I Formatted: Nobusetsornumbering A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service(USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC)regarding potential impacts to"listed species". A Big Cypress Fox Squirrel Management Plan shalt be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site,a Habitat Management Plan for those protected species,or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. Formatted: No bullets or numbering 14-6 1_(:AFFORDABLE-WORKFORCE HOUSING: Formatted:Underline Formatted:Stria:ttrough 1 i4mdeffined ridded.icatemaektheoniii tukksaL_[KU EAH%1 MfI D PUO14041AWAerl+-F*h-.k+tx,4.21115 28 of 29 • • A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150%of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to$321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. B. • THIS SPACE INTENTIONALLY LEFT BLANK i«maaea:underline lrP«mamea:strt etnrouan IrooLd.imed ts added.Tmstlw7Hwevolt &kW, TR1 LFARM MPt flT 1404100640 +»w-»$$ :„pji 29 of 29 1111 • TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES,FLORIDA 34103 PREPARED BY: • ENGINEERING 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and R.BRUCE ANDERSON CHEFFY PASSIDOMO,P.A. 821 5TH AVENUE SOUTH • NAPLES,FLORIDA 34102 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: • EXHIBIT"A" TREE FARM MPUD P1.20140000640 October 4,2015 1 of 28 TABLE OF CONTENTS • LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) SECTION V RECREATIONAL AREA(RA) SECTION VI PRESERVE DISTRICT(P) SECTION VII DEVELOPMENT COMMITMENTS • • TREE FARM MPUD PL20140000640 October 4,2015 2 of 28 • LIST OF EXHIBIT AND TABLES EXHIBIT"A" MPUD MASTER PLAN EXHIBIT"B" LEGAL DESCRIPTION EXHIBIT"C" SCHEDULE OF DEVIATIONS EXHIBIT"D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT 110 TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA • TREE FARM MPUD PL20140000640 October 4,2015 3 of 28 STATEMENT OF COMPLIANCE • The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development(MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map,with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective I of the Future Land Use Element(FLUE),all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center#3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the • intersection of Immokalee Road and Collier Boulevard (C.R. 951). This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore, the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses(Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: • TREE FARM MPUD P1.20140000640 October 4,2015 4 of 28 • FLUE Designation Acres Eligible Base Eligible Total Eligible +/- Units/Acre Bonus Eligible Gross Density/Acre Density/Acre Density Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density Band Total 58.84 N/A N/A 9.85 580.00* Table IA:FLUE Eligible Density(*Rounded) FLUE Designation Acres MPUD Density Eligible MPUD Gross +/- Units/Acre Density/Acre Density Mixed Use Activity 18.69 0.00 16 0.00 Center Subdistrict Urban Residential 40.15 7.00 7 281.05 Subdistrict, Density Band Total 58.84 4.78 9.86 281.00* Table IB: MPUD Density(*Rounded) 4111) 7. The MPUD sets forth a maximum density of 281 dwelling units(281 multi-family/single family attached/townhouse or 138 single-family detached units) or 4.78 dwelling units per acre. The Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. • TREE FARM MPUD P1.20140000640 October 4,2015 5 of 28 SECTION I • PROPERTY OWNERSHIP AND 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 the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER(1/4)OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF(1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, 410 COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER(1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER(1/4)CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE,N. 89°57'31" W.,A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; • THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID TREE FARM MPUD P120140000640 October 4.2015 6 of 28 • SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER(1/4)LINE N. 00°45'01" W.,A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S. Monaghan (Tree Farm Land Trust) (Folio: 00187400000, 00187400002, and 00188040005) Collier County (Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier County—OR4413 PG 3834) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or assignee. All reference to the "developer" as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the • Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance,or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of±58.84 acres located in the northwest corner of the intersection of Immokalee Road (CR 846) and Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±6.4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: • storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. TREE FARM MPUD PL20140000640 October 4,2015 7 of 28 1.6 PROJECT DESCRIPTION • The Tree Farm MPUD shall be a mixed-use development. The southern±18.69 acres of the property, located within Activity Center #3, shall allow for a variety of commercial uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps,restaurants,banks,and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recreational portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves)and active recreational opportunities. Access to the property will be from Collier Boulevard(C.R. 951)and will include an access • point off Immokalee Road,when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter(1/4) mile from Collier Boulevard, Immokalee Road intersection; a full median opening at approximately one-half(1/2)mile from the Collier Boulevard, Immokalee Road intersection; and an optional right in/right out access at approximately three quarter (3/4) mile from the Collier Boulevard/Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, this project has provided adequate land to accommodate the widening of Immokalee Road and Collier Boulevard, including intersection improvements and the reconfiguration of the Immokalee canal to facilitate such improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. • TREE FARM MPUD PL20140000640 October 4,2015 8 of 28 II1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK • • TREE FARM MPUD PL20140000640 October 4,2015 9 of 28 SECTION II • PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD,as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, layout of streets and use of land is proj n, including yo graphically illustrated by Exhibit "A", MPUD Master Plan. There shall be three land use districts, portions of which may include water management lakes or facilities, and private rights-of-way or drive aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS vy ;•�$b 111'-. 7� 1�..'7t��°�'�'T � �.kt "C/MU" COMMERCIAL MIXED-USE ±18.69* • "R" RESIDENTIAL ±39.19 "P" PRESERVE ±0.51 "RA" RECREATIONAL AREA ±0.45 TOTAL ,58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way conveyance for Collier Boulevard, expansion of Immokalee Road, and improvements to the intersection of these two arterial roadways. This right-of-way conveyance includes 4.34 acres within the "C/MU" Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the "R"Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the designated Activity Center. The Residential District will be limited to±39.19 acres. B. Intensity A maximum of 120,000 square feet of commercial uses maybe constructed within the Commercial Mixed-Use District, of which a maximum of 100,000 square feet may be retail or office and the balance(above 100,000 square feet) is limited to office use,as set forth in Section 3.3 of this MPUD. • TREE FARM MPUD PI20140000640 October 4,2015 10 of 28 C. Approved Density: • A maximum of 281 multi-family/single-family attached/townhouse units or 138 single-family detached residential dwelling units may be constructed in the total project area. The gross project area is 58.84± acres. The gross project density, therefore, will be a maximum of 4.78 dwelling units per acre. The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tracts identified as "P," contain 0.51 +/- acres and fully satisfy the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 1111 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit"D". 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet(50'). Deviation #1 from Section 6.06.01(0)of the LDC. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.7 FENCES AND WALLS Deviation#2 seeks relief from LDC Section 5.03.02.C,which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be a minimum of 3' in height. • TREE FARM MPUD PL20140000640 October 4,2015 ]1 of 28 2.8 SIGNAGE • A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name,insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line.DEVIATION#3 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building,structure or use.DEVIATION#4 • TREE FARM MPUD PL20140000640 October 4,2015 12 of 28 • SECTION III COMMERCIAL MIXED-USE DISTRICT(C/M 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C/MU", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions,to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69±acre commercial area(District"C"),is limited to a maximum of 120,000 square feet of commercial/office uses, of which a maximum of 100,000 square feet may be retail or office and the balance(above 100,000 square feet)is limited to office use. 3.3 PERMITTED 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: A. Principal Uses': 1. Group 0742 — Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 —Paint glass, and wallpaper stores; 4. Group 5251 —Hardware stores; 5. Group 5261 —Retail nurseries,lawn and garden supply stores; 6. Major Group 53—General merchandise stores. 7. Major Group 54-Food stores. 8. Group 5531 — Auto and home supply stores, not including any installation facility; 1111 Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1987 Edition. TREE FARM MPUD PL20140000640 October 4,2015 13 of 28 9. Group 5541 —Gasoline stations,not including service facilities; • 10. Group 7542—Carwashes only. 11. Industry Group 555—Boat dealers. 12. Major Group 56—Apparel and accessory stores. 13. Major Group 57—Home furniture, furnishings,and equipment stores. 14. Major Group 58—Eating and drinking places. 15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 — nonstore retailers; 598—and not including retail sale of fireworks. 16. Major Groups 60,excluding 6099 check cashing agencies, 61,62,63, 64,65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 — Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: • a. 721 —Laundry, cleaning, and garment services, only including Group 7211 —power laundries, family and commercial, Group 7215 — Coin-operated laundries and dry-cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722—Photographic portrait studios; c. 723—Beauty shops d. 724—Barber shops; e. 725—Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; c. 735—Group 7352—medical equipment rental and leasing; • TREE FARM MPUD PL20140000640 October 4,2015 14 of 28 IIId. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 —computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384,photofinishing laboratories. 21. Group 7513 — Truck rental and leasing, without drivers; Group 7514 — passenger car rental; Group 7515 —passenger car leasing; and Group 7519— utility trailer and recreational vehicle rental. 22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 — repair shops and related services,not elsewhere classified. 23. Group 7832 — Motion picture theaters, except drive-in, and Group 7841 — video tape rental. 24. Major Group 79 — Amusement and recreation services, for the following industry numbers: a. Group 7911 —Dance studios,schools and halls b. Group 7922—Theatrical producers(except motion picture)and Group miscellaneous theatrical services • c. Group 7941 —Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 —Physical fitness facilities e. Group 7999 — Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80—Health services for the following industry groups: a. 801 —Offices and clinics of doctors of medicine; b. 802—Offices and clinics of dentists; c. 803—Offices and clinics of doctors of osteopathy; d. 804—Offices and clinics of other health practitioners. 26. Major Group 807—Medical and dental laboratories for the following industry numbers: a. Group 8071 —Medical laboratories; b. Group 8072—Dental laboratories. 27. Establishments operating primarily to provide legal services as defined under Major Group 81. • 28. Group 8231 —Libraries. TREE FARM MPUD P1.20140000640 October 4,2015 15 of 28 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Group 8711 —Engineering services b. Group 8712—Architectural services c. Group 8713—Surveying services d. Group 8721 —Accounting,auditing and bookkeeping services e. Group 8732 — Commercial economic, sociological, and educational research f. Group 8741 —Management services g. Group 8742—Management consulting services h. Group 8743—Public relations services i. Group 8748—Business consulting services. 31. Offices of government as defined under Major Group 91 — Executive, legislative,and general government,except finance. 32 Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 • square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. • TREE FARM MPUD P120140000640 October 4,2015 16 of 28 4110 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq.ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS(External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS 1111 From Western Project Boundary MINIMUM 25 ft. 15 ft. NIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. 10 ft. or 1/2 the sum of 10 ft. MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT Retail Buildings(with or without residential uses) 50 ft. f62 ft. 35 ft. Office Buildings(with or without residential uses) _65 ft. 77 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq.ft.**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA ,120,000 sq.ft.***** N/A * No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. ****Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *****Total allowable commercial square footage is 120,000 square feet;however no more than 100,000 may be retail or office and the balance,above 100,000 square feet,if developed,shall be office. • TREE FARM MPUD PL20140000640 October 4,2015 17 of 28 SECTION IV • RESIDENTIAL DISTRICT(R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure, perimeter land use buffers,and signage will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 281 multi- family/single-family attached/townhouse residential dwelling units or 138 single-family detached units. For the purpose of calculating the project density, 4 assisted living facilities (ALF)units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 4.3 USES PERMITTED 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: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes,two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access). No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. • TREE FARM MPUD P120140000640 October 4,2015 18 of 28 • B. Accessory Uses: 1. Customary accessory uses and structures including, but not limited to, private garages,swimming pools and screened enclosures. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. • THIS SPACE INTENTIONALLY LEFT BLANK • TREE FARM MPUD PL20140000640 October 4,2015 19 of 28 TABLE IV III RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO'2& FAMILY ATTACHED& ZERO LOT MULTI DETACHED TOWNHOUSE LINE FAMILY PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. PER UNIT PER UNITPER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. MIN FRONT YARD 3.4 15 FEET 15 FEET 15 FEET 15 FEET MIN SIDE YARD 5 FEET 0 FEET or 0 FEET or 10 FEET 5 FEET 5 FEET MN REAR YARD 7.5 FEET 7.5 FEET 7.5 FEET 20 FEET MN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 10 FEET 10 FEET 10 FEET 20 FEET or '4 ZONED BH, WHICIHEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE III42 FEET 42 FEET 42 FEET 50 FEET ACTUAL HEIGHT 54 FEET 54 FEET 54 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET REAR 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE NOT TO EXCEED 42 FEET S.P.S.:Same as Principal Structures. NTE:Not To Exceed BH:Building Height General Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. If the parcel is served by a private road,setback is measured from the back of curb(tf curbed)or edge of pavement of not curbed). IIISetback from lake easements for all accessory uses and structures may be zero feet(0'). TREE FARM MPUD PL20140000640 October4,2015 20 of 28 • No structure, other than those permitted within the LDC to be located within a required landscape buyer tract or easement,shall encroach into a required landscape buffer tract or easement. Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0') on one side and five feet (5') on the other side in order to provide a minimum separation between principal structures of ten feet(10). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet(239,as measured from the back of sidewalk Side loaded garages may be located less than twenty-three feet(23')feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk These provisions apply to a garage whether attached to the principal structure or detached. 4) For corner lots,only one(1)front yard setback shall be required. The yard that does not contain the driveway shall provide a 10'setback • THIS SPACE INTENTIONALLY LEFT BLANK • TREE FARM MPUD P1.20140000640 October 4,2015 21 of 28 SECTION V • RECREATIONAL AREA(RA) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "RA", Recreational Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to provide ancillary recreational uses for the residents of this PUD. 5.2 PERMITTED USES A. Principal Uses: 1. Clubhouse,gazebo,or other structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts,playgrounds,pedestrian/bicycle pathways,and water features. 3. Passive open space uses and structures, such as but not limited to landscaped • areas,gazebos, and park benches. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals("BZA") or Hearing Examiner, as applicable. B. Accessory Uses: 1. Community maintenance areas,and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA")or Hearing Examiner,as applicable. • TREE FARM MPUD PL20140000640 October 4,2015 22 of 28 • TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS RECREATIONAL AREA PRINCIPAL STUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN.FRONT YARD 25' MIN PRESERVE SETBACK 25 FEET MIN.SIDE YARD 25' MIN.REAR YARD 25' MIN.DISTANCE BETWEEN 20' • STRUCTURES 2 STORIES NTE MAX. ZONED HEIGHT 50 FEET MAX.ACTUAL HEIGHT 62 FEET ACCESSORY STRUCTURES MIN.FRONT YARD 15' MN.SIDE YARD 15' MN.REAR YARD 15' PRESERVE SETBACK 25 MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 42 FEET NTE:Not to exceed • TREE FARM MPUD PL20140000640 October 4,2015 23 of 28 SECTION VI 411 PRESERVE AREA(P) 6.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District"P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats,such as wetlands,including upland buffers,in their natural,and/or enhanced state. 6.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance with the applicable provisions of the LDC. • TREE FARM MPUD PL20140000640 October 4,2015 24 of 28 • SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee,shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments • may be assigned or delegated to a condominium/homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 73 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. B. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary,the fair share cost of such improvement shall be borne by the developer. C. The applicant shall reserve rights-of-way for Collier Boulevard and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C, totaling 7.42 +/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation • Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the TREE FARM MPUD P120140000640 October 4,2015 25 of 28 aforementioned impact fee credits for Tract B) all lands reserved as depicted on the • MPUD Master Plan (as noted herein) within 90 days of written request of the County. D. The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five(5)parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy(CO)within the MPUD. E. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD,in accordance with South Florida Water Management District permitting requirements. F. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection,including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two • southbound through lanes as well as necessary turn lanes G. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. H. No certificate of occupancy(CO)for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed(that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to I-75 2. Immokalee Road from Collier Boulevard East to Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the owner, successor or assignee shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. • TREE FARM MPUD P[20140000640 October 4,2015 26 of 28 • 7.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve one (1) area to be granted as an easement to Collier County for a raw water well. The dimension of this well easement shall be at a maximum 80 feet by 50 feet. The approximate location of this well easement is depicted on the MPUD Master Plan. The water well easement site is located at the northeastern corner of the MPUD, and can be accessed from Collier Boulevard Extension. The grant of this easement shall occur at the time of site development plan or fmal plat approval for the area within the development phase that contains the well easement site. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. 7.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to"listed species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental • Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species,or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 7.6 AFFORDABLE-WORKFORCE HOUSING A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to$321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. 1111 TREE FARM MPUD PL20140000640 October 4,2015 27 of 28 • THIS SPACE INTENTIONALLY LEFT BLANK • • TREE FARM MPUD PL20140000640 October 4,2015 28 of 28 3037855 OR: 3099 PG: 3453 MOM it MINIM 1100111 of fa=LIII (*71, n 1112112112 at 13:21M NICE I. MU, MU • Oils 1111110.11 Prepared By/Retun To: Sf nc !:s 10.11 Janice L Russell, Esq. toe-.tl 3110.11 Akerman, Senterfitt R Eidson, P.A. at°: One S.E.Third Avenue,28th Floor 011 A VIII Miami, FL 33131 4501 7111111 71 1 1311 Will n 31113 7111 Folio No. 00187240000;00187400002; 00188040005 SPE 1A wARRANTY DEED Jo THIS SPECIAL WARRANTY DEED made and executed this CC day of August, 2002, by FLORIDA PANTHERS NAPLES, INC., a Florida corporation, whose post office address is 501 Camino Real, Corporate Office, Boca Raton, FL 33432, hereinafter called the Grantor, to THOMAS S. MONAGHAN, as Trustee of the Thomas S. Monaghan Living Trust Under Agreement dated December 29, 1975, with full power and authority to protect, conserve and to sell, or otherwise , • of the real property in accordance lease, or to encumber, 4,' _ ,�' with Section 689.071, F.S., �- .�� ' .rank Lloyd Night Drive, P.O. Box 445,Ann Arbor,MI 4106, - called the Gran .J of the sum of Ten Dollars /�/�WITNESSETpM: That 4 � for-and , � � a {� ($10.00) and other vat j - 1 144.j sal fidency whereof .s hereby acknowledged, by these , ��` r , release, convey confirm unto the Grantee, , ► �' l Cpunty, Florida,viz PARCEL 1: The East half of the • r ` 4' quarter of the rter of Section 22, Township 48 South, Ra '- ' Collier • •a,excepting and reserving therefrom the East 30 feet • as access easement for highway right-of-way. PARCEL 2: The East half of the Northeast quarter of the Southeast quarter of Section 12, Township 4 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the East 30 feet and North 30 feet thereof as access easement for highway right-of-way. PARCEL 3: The East half of the Southeast quarter of the Southeast quarter of Section 22. Township 4 South, Range 26 East, Collier County, Florida, subject to an easement the public 100 feet thereof for carnal�ight-of-way 0 feet thereof; and opting IMa261141;1) OR: 3099 PG: 3454 • 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; SUBJECT. HOWEVER to the following: 1. Conditions, reservations, restrictions, limitations and easements of record, without intending to reimpose the same. 2. Applicable zoning ordinances. 3. Taxes for the year 2002 and subsequent years. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and 1j4, �kse11 and convey said land; and that said land is free of all encumbrances f �,t ,- mentioned to which the deed is made subject. The Grantor does = Hy warrant 'tl'" said land and will defend the same against the lawful claims of all • s claiming by, th . �. under Grantor and against none other. „i Wherever used he in Mst lit" '. ^ Jude all the parties to this instrument and the heirs, I I t to iv s r g . i .� uals, and the successors and asst ns of corporations. ( II IN WITNESS WHER /., t Grantor has si a these presents to be effective the day and year first written L O ' ti and Defies f� ERS NAPLES,INC., IPa of: l corporation 4 /; By: . l .1 l .ir PRIN NAME OF I NE L : �v, 1 Richard L. Handley `II . (Air C C r i' �l(� Vice President PRINTTI�NAME OF FATNESS B E L O W: 1 • eve 1 DG IT D.73(-C. r, [CORPORATE SEAL] $MI1126114 1:I I IIII ............... It' OR: 3099 PG: 3455 t" STATE OF FLORIDA ) COUNTY OF BROWARD ))ss: The foregoing instrument was acknowledged before me this 22nd day of August, 2002, by Richard L. Hand +� as Vice President on behalf of FLORIDA PANTHERS NAPLES, INC., a Florida corporation,who is personally known to me. Notary lic State of Florida My Co, mission Expires: .. . �:_�tivit i riN(0 ar) v / _ _ u • IM112614I;1) MONO EXHIBIT"B"LEGAL DESCRIPTION • BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY,FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH,RANGE 26 EAST; • THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00°4425" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER(1/4)LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (114) LINE N. 00°45'01"W.,A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17"E.,A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. • SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. K:120031030218.06.00 Tree Farm MPUD Zoning Amendment\003 MPUD Rezone Amendment Application Preparation\EXHIBIT B- LEGAL DESCRIPTION.doc 411 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2914°999640 I, Max patio (print name),as M•mpwp Mo,ut.r (title,if applicable)of tandquast a•w.u.c (company. If a••licable),swear or affirm under oath,that I am the(choose one)owner=applicant n'•ntract purcha = p and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Copier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize&••Andsmon,E0 to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant Is a corporation,then it is usually executed by the corp.pres.or v.pies. • If the applicant is a Limited Liability Company(LL.C.)or Limited Company(LC), then the documents should typically be signed by the Company's`Managing Member.' • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner of the named partnership. • • If the applicant is a trust,then they must include the trustee's name and the words'as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust,partnership, and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. 2 eats Lt 1 gnature STATE OF FLORIDA COUNTY OF COLLIER The f i instrument was sworn to(or affirmed)and subscribed before me on 2 Z (date)by r4�C n Reu. (name of person providing th affirmation),as 1111 who is personally known to me or who has produced (type of idenffication)as identification. CC sum '-'-. JAMIE E.SABATINO Signe of Notary Publi ; Notary Public•stai.of Florida . ^� •;My.^omia.Exglna May 6.2015 Commission I EE 54803 Boadod Through Mahood Notary Asia. • CF MB-COA401151155 REV 3rW114 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Pt20140000040 i, Max hankie (print name),as Managing Memeber (title,If applicable)of Undoing tamp.uc (company,If a icable),swear or affirm under oath,that I am the(choose one)owners applicant El..ntract purchase and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize PollidtVansias.nicPd awa Inc. to act as our/my representative in any matters regarding this petition Including 1 through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by the corp.pies.or v.pres. • If the applicant is a Limited Liability Company(LLC.)or Limited Company(LC.), then the documents should typically be signed by the Company's'Managing Member.' • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, than the general partner must sign and be identified as the 'general partner"of the named partnership. • If the applicant is a trust,then they must include the trustee's name and the words'as trustee". • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust,partnership, and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 2 /1-1" 11 Signature Date STATE OF FLORIDA COUNTY OF COWER The foregoing instrument was sworn to(or affirmed)and subscribed before me on .0-4 am" (date)by 1Y �' („k�a.w (name of person providing oath r affirmation),as • who is personally known to me or who has produced (type of identification)as identification. _ �-► JAMIE E.SA811TINl) Sig re of Notary Public' Notary PYNk-stale of Ronda =• My Comm.Expires May 8,2015 CoemiuloO C EE 54803 10MM 1Mo.i Wei Natty MM. CF108-COA-901151155 • REV 3/24/11 Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information,if space is inadequate use additional sheets and attach to the completed application packet. 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: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership 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 %of Ownership 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 %of Ownership • 9/11/2014 Page 2 of 15 Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: Name and Address %of Ownership Purchaser-Landquest Group, LLC Owner-Thomas Monaghan, TR 100 Tree Farm Land Trust,24 Frank Lloyd Wright Drive,Ann Arbor, MI 48105 Date of Contract: 4/10/14 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 • g. Date subject property acquired ❑ Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: ,or Anticipated closing date: 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. • 9/11/2014 Page 3 of 15 • Co/frier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coMergov.net (239)252-2400 FAX:(239)252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as 00187240000,00187400002.00188040005 (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for *^erw' '0 planned unit development (Mixed Use PUD)zoning. We hereby designate'Asa"anhatLanaauaa"Group,LLC, legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly In the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms,conditions,safeguards,and • stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part. unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project Is brought into c pliance with all m nditions an safeguards of the planned unit development. k • Owner Owner Thames Monphen,TR-"NM Farm Land Trust Frinted Name Printed Name STATE OF FLORIDA)M KH/614 f COUNTY OF GetttER) 10/45 f!TENA fit Sworn to(or affirmed)and subscribed before me this/� day of /14 Ni c Il ,201_5 by ///.if,/•»G ' ' /) ,4/J 4./2 who is personally known to me or has produced as identification. S'(L'LI L-I'/L j,.�'d't'(`L Notary Public S (Name typed,printed or stamped) 9/11/2014 Page A.RAMSDELL P a l0 of 15 NOTARY PUBLIC•STATE OF MICHIGAN 8 COUP;lY OF WASHTENAW My Commisslon Explltia Jai t 14 2021 Acting In the County of S I��Q u; gr er5unty 41, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressing personnel orior to ore- apolication meetina.please allow 3 days for orocessirgl. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) C Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXP(Excavation Permit) ❑ SIP1(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) • ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) 0 PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 22/48/26 E1/2 of SE1/4 of NE1/4 as desc in OR 4413 pgs 3836-3838 (see attached) Tel R26 572 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 00187240000, 00187400002, and 00188040005 + 00(90,0((X03 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) Tree Farm ReedMPUD PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 20140000640 • Coi r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Darlene Cherry submitted for Tim Hancock PHONE(239) 649-4040 FAX (239) 643-5716 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) DO l g?2`f 0 d 08 Folio Number 00187q00002 Folio Number 65/t fOt 0005 Folio Number 66(90014140 Approved by: Date: /-9— ` Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • 1 • 1 1 .1,1 ailIl 4114 4114 'alga F IA 41!I 14 1 -, ! 1 1;111 ;Ili "if L, 111,1101 1 51 i 1111: a114 IP tli b dill iill $ilk a ` li k 1!1 1 1.1 i 4 i 0 *II - II ii 1 / V. 4 i RI' I P li: ! ii ! ii ! a , 1 A 11 i 1 11111 _ 0 19 i 1 . „ %A At. t 0 &r 11 1 N r k i :T'�I � 1 t ` v 4 R. A ; E1 1k,a N i o-p: s a ti € �: 4n � • iRRpRp "-./oeagp#•4p'1(". lii! !!I� aR ; 4. �y`! ri ; llt i Cg . tii .. IN i 1 €iii ti))! Z�`1 14 I I Q ;,- v € 1 ! 'Y t i Et ` . a 8 p 1t c , � � 9 � , ii i i ' ,! i it ! 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' t� ..; QI ` • i Li 3'AtNN • duARTZ 1.44 rn • 0 f Fr yi ^ F t 'j t,Ciolts 1( f31j . iI11t r'fil' p' fl ` $ a ,„Az • i 2 I : , ' 'I r ,;. t' .a — t ' .'11, . - *-1* ...-_-. f`i„ f .'„,, , , W } 1 }7 „, r v f r�. 1 S �15 yp9tfYN AI/A• A/3044*1 4r 4' 1 , , i _..------,.. ,' ... __ _' fr • S .:id 4 C 1 .4.. it IL. 1 1 to 0 f I�r 4 .fir .'+!L 1 23 O M w L • ., -..4 I, .I, ,, a aa, w Q r,. j 1� _,. retails Page 1 of Print I( Tax Bills I L Change of Address I S)roperty Summary I Property Detail II Aerial II Sketches I Trim Notices I Parcel No. 00187240000 Site Mr. Name/Address MONAGHAN TR THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No. Section Township Range Acres *Estimated 3822 000100 007 3822 22 48 26 18.46 Legal 22 48 26 E1/2 OF SE1/4 OF NE1/4,LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 ;MillageArea 0 222 Millage Rates• 'Calculations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code• 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 II Latest Sales History 2013 Certified Tax Roll (Not all Sales am listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $923,000 11/16/10 4625-278 $0 AO MS MA 2f.413.2741 c n (+) Improved Value ;a • ttp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00187240000 4/9/201 Page 1 of i.oiiier Lounry rroperry Appraiser Property Summary Parcel No. 00188040005 Site Adr. 8799 IMMOKALEE RD III Name/Address MONAGHAN TR,THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR i City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No. Section Township Range Acres "Estimated 3822 000100 023 3822 22 48 26 14.12 22 48 26 E1/2 OF SEI/4 OF SE1/4,LESS CANAL R/W S 100FT,LESS THOSE PORTIONS AS DESC IN OR lagul 4413 PGS 3836-3838 Millage Area 0 222 Millage Rates• Naltatlatlons Sub./Condo 100-ACREAGE HEADER School Other Total Use Code 0 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $706,000 11/16/10 4625-278 $0 (+) Improved Value $0. 09/16/04 3643-3261 $0 ( ) Market Value $706,000 09/16/04 3643-3259 $0 08/29/02 3099-3456 $0 (.) Assessed Value $706,000 08/29/02 3099-3453 $5.700,000 (=) School Taxable Value $706,000 07/15/98 2441-1147 $2,663,200 (e) Taxable Value $706,000 1 07/15/98 2441-1144 $0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 04/01/88 1344-47 $1,293,500 04/01/84 1078-1675 $0 4111 ttp://www.collierappraiser.com/main search/Recorddetail.htrnl?Map=No&FoliONum�0188040005 4/9/201 Page I of Loiiier Lounty rroperty appraiser Property Summary 4110 Parcel No. 00187400002 Site Adr. Name/Address MONAGHAN TR,THOMAS S TREE FARM LAND TRUST 24 FRANK LLOYD WRIGHT DR City ANN ARBOR State MI Zip 48105-9484 Map No. Strap No. Section Township Range Acres *Estimated 3B22 000100 0113622 22 48 26 18.46 Legal 22 48 26 E1/2 OF NE1/4 OF SE1/4,LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 Millage Area 0 222 Millage Rates 0 *Calculations Sub./Condo 100-ACREAGE HEADER School Other Total Use Code 0 99-ACREAGE NOT ZONED AGRICULTURAL 5.69 5.7427 11.4327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) 0 Date Book-Page Amount Land Value $923,000 11/16/10 4625-278 $0 (+) Improved Value $0 09/16/04 3643-3261 $0 (_) Market Value $923,000 09/16/04 3643-3259 $0 08/29/02 3099-3456 $0 (=) Assessed Value $923,000 08/29/02 3099-3453 $5,700,000 (_) School Taxable Value $923,000 07/15/98 24414147 $2,663,200 (_) Taxable Value $923,000 07/15/98 2441.1144 $0 0 all Values shown above equal 0 this parcel was created after the Final Tax Roll 04/01188 1344-47 $1,293,500 04/01,184 1078-1675 $0 ID ttp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00187400002 4/9/201 r_—__ W 5 �aY `•4 Sr ¢N as J 'i` *'''''S.;1 • ;r0 icii i .c-36_0 • oe, --H414100--"" tr —. ...... - k ^ $, ' G as Ce 0 ILI -• A) va d .fit J w J 14a R , 1i '*, At [2, `°kt • E t 1 1 � � p C F i R, a `� • ;I 44.0111 U t6V ._N , LU Li 8 11,44. x � � t " .i a 4fix .. - , , s ti • ' d * g N "" i 1 18 r 1.r, ,�. ----•— . �. .s ...r.. �W r 0 - — F ., a 00 w 5 Ww ) aaQ te re. m , a ( .. r . 4 i ,, 4 ...,.'',,:4 - - -.!...t. 1 , b ,r _ . I \ .ii --cr . - , li.tri w '' :11/11 '!;1?.. _A, '.. , ' ''',,e7. ' , ' ig:•.--I" * t s. —r} '1 jF glgy� S { 4tait g A g'i A Yd I 3 g ark , f= , r . X11 ,� U. I �t II,, i h 1 mai i* , !� .+ v` a rt ate. '+S„ ('P`w 7 •l '� * }• a L iii R •�. T. 6 su� f:+'d rr ,fid" may, ei�'� ..-• -•,, } , s. `1 ��++ FSM' i. szo F ¢ '-' ,::'.:yf t 3 ' a f^ ` r a�el 7Ylia WIQ 1 • Treblicock planning•enuineerinp Traffic Impact Analysis Tree Farm Mixed-Use Planned Unit Development (MPUD) Amendment S Collier County, FL 07/22/2015 Prepared for: Prepared by: Landquest Group, LLC Trebilcock Consulting Solutions, PA 5150 Tamiami Trail N, Suite 401 1205 Piper Boulevard, Suite 202 Naples, FL 34103 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Review Fee—Small Scale Study—No Fee Tree Farm MPUD Amendment—T!A—July 2015 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. ,01 0: No.47116 7 ly signed by Norman J.]rr6ikak P.E. Norman J. 44''6 * [IN tr.-bowman Tredkxkf4711(G a - Trebilcock P.E. o=Trcbi«ak Consulting Solutions,PA u=Nomtan trehi 1. kock 5t STATE ;/lip Z.: oemail.drebittocketrebilcockbu,c=US 47116 Date 7015.07230920:1904`00' sS�� .�c'�'��' Norman J. Trebilcock,AICP, P.E. fl��f 1 f 11 t 11�NA ,�, FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 • Trebilcock Consulting Solutions,PA F a R f' 12 Tree Form MPUD Amendment—TIA—July 2015 Table of Contents Project Description 4 Trip Generation 6 Conclusion 8 APPENDICES Appendix A: MPUD Master Plan 9 Appendix B: Trip Generation Calculations ITE 9th Edition 11 S • Trebilcock Consulting Solutions,PA Page 13 Tree Farm MPUD Amendment—TIA—July 2015 Project Description 0 The Tree Farm project is an existing approved Mixed-Use Planned Use Development (MPUD) — Collier County Ordinance No. 07-54, as may be amended, and has a total site gross area of approximately 58.85 acres. The project site is located in north Naples, on the north-west quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) intersection, in Section 22, Township 48 South, Range 26 East, in Collier County, Florida. Refer to Fig. 1 — Project Location Map, which follows and Appendix A: MPUD Master Plan. Fig. 1—Project Location Map 1 III Project Location - --.-**."•.....................)0 t 115:4 E'S11 3 III Trebilcock Consulting Solutions,PA P a g c 14 Tree Farm MPUD Amendment—TIA—July 2015 • The Collier County approved ordinance currently allows the site to be developed with up to 425 residential dwelling units and a maximum of 175,000 sf of commercial/ office uses (of which a maximum of 143,500 sf may be retail and the balance is limited to office use). The existing approved mixed-use development scenario and various proposed scenarios under this MPUD amendment are illustrated in Table 1 — Proposed Development Program, below. Table 1 Proposed Development Program Development Land Use ITE Land Use Code Total Size 230—Residential Maximum Allowed Residential 425 du MPUD Existing Condominium/Townhouse Approved Office 720—Medical-Dental Office Bldg. 31,500 sf Retail 820—Shopping Center 143,500 sf Residential 230—Residential 281 du Condominium/Townhouse Scenario A Office 720—Medical-Dental Office Bldg. 12,500 sf MPUD Proposed Retail 820—Shopping Center 26,000 sf • Amendment Services 945—Gasoline Station* 12 pumps* Services 932—High-Turnover Restaurant 10,000 sf Services 934—Fast-Food Restaurant w/DT 9,285 sf 230—Residential Residential 281 du** Scenario B** Condominium/Townhouse** MPUD Proposed Office 720—Medical-Dental Office Bldg. 10,000 sf Amendment Office 710—General Office Bldg. 10,000 sf Retail 820—Shopping Center 100,000 sf Note(s): *Gasoline/Service Station with Convenience Market—6,000 sf. **Up to 138 Single-Family dwelling units(LUC 210)or up to 281 Multi-Family dwelling units(LUC 230) may be proposed—refer to Appendix B. Scenario B is a higher trip generator compared against Scenario A and it is illustrated for the net new traffic determination. As illustrated in Table 1, proposed Tree Farm MPUD amendment will continue to be developed as a mixed-use project. • Trebilcock Consulting Solutions,PA Page 15 Tree Farm MPUD Amendment—TIA—July 2015 Trip Generation • The project provides the highest and best use scenario with respect to the project's trip generation. The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition and the software program OTISS — Online Traffic Impact Study Software (Version 3.1.1.193). The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix B: Trip Generation Calculations ITE 9th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Per Collier County TIS Guidelines and Procedures, the internal capture trips should be reasonable and should not exceed 20%of the total project trips. For this project, the software program OTISS is used to generate the internal capture trips. The OTISS process follows the trip balancing approach as recommended in the ITE Trip Generation Manual, 9th Edition Volume 1: User's Guide and Handbook, Chapter 7 - • procedure for estimating multi-use trip generation internal capture aka "triangle method". The resulting internal capture rates are below the county limits. Consistent with previously approved PUD amendment Traffic Impact Statement (TIS), restaurant (LUC 932 and LUC 934) internal capture rates are estimated consistent with one third (1/3)of the approved ITE internal capture rates associated with retail land use. Similarly, gas station (LUC 945) internal capture rates are estimated consistent with one fifth (1/5) of the approved ITE internal capture rates associated with retail land use. The pass-by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. Per Collier County TIS Guidelines and Procedures,the pass-by capture rate for peak hour should not exceed 25%for shopping centers (LUC 820), 40%for restaurant use (LUC 932 and LUC 934), and up to 50%for gas station (LUC 945). The daily pass-by rate is assumed to be 10% lower than the peak hour rate. • Trebilcock Consulting Solutions,PA Page 16 Tree Farm MPUD Amendment—TIA—July 2015 • The existing approved Tree Farm MPUD trip generation is illustrated in Table 2A, below. The proposed Tree Farm MPUD amendment development trip generations are illustrated using two(2) scenarios—refer to Table 2B and Table 2C. Table 2A Trip Generation (MPUD Existing Approved)—Average Weekday 24 Hour Two- Way Volume PM Peak Hour Land Use Size Enter Exit Total Residential—Multi-Family 425 du 2,265 132 65 197 Medical Office 31,500 sf 1,138 29 74 103 Shopping Center 143,500 sf 8,588 366 397 763 Total Traffic 11,991 527 536 1,063 Internal Capture* 1,962 91 91 182 Total External 10,029 436 445 881 Pass-By Trips** 1,143 82 86 168 Total to Adjacent Streets 8,886 354 359 713 Note(s): *Internal Capture-up to 20%max. **Pass-By Trips—PM Pk Hr—up to 25%max for shopping center. Daily pass-by rates are assumed to be 10%lower than the PM Pk Hr rates. IIITable 26 Trip Generation (MPUD Amendment—Proposed Scenario A)—Average Weekday 24 Hour Two- PM Peak Hour Way Volume Land Use Size Enter Exit Total Residential—Multi-Family 281 du 1,580 94 46 140 Medical Office 12,500 sf 452 13 32 45 Shopping Center 26,000 sf 2,829 117 126 243 Gas Station 12 pumps 1,953 81 81 162 High-Turnover Restaurant 10,000 sf 1,272 59 40 99 Fast-Food Restaurant with DT 9,285 sf 4,609 158 145 303 Total Traffic 12,695 522 470 992 Internal Capture* 2,348 88 88 176 Total External 10,347 434 382 816 Pass-By Trips** 2,581 138 126 264 Total to Adjacent Streets 7,766 296 256 552 Note(s): *Internal Capture-up to 20%max. **Pass-By Trips—PM Pk Hr—up to 25%max for shopping center,up to 50%max for gas station,and up to 40%max for restaurant. Daily pass-by rates are assumed to be 10%lower than the PM Pk Hr rates. • Trebilcock Consulting Solutions,PA Page 17 Tree Farm MPUD Amendment—TIA—July 2015 Table 2C III Trip Generation(MPUD Amendment—Proposed Scenario B)—Average Weekday 24 Hour Two- PM Peak Hour Way Volume Land Use Size Enter Exit Total Residential—Multi-Family 281 du 1,580 94 _ 46 140 Medical Office 10,000 sf 361 10 27 37 General Office 10,000 sf 228 15 75 90_ Shopping Center 100,000 sf 6,791 288 311 599 Total Traffic 8,960 407 459 866 Internal Capture* 1,360 77 77 154_ Total External 7,600 330 382 712_ Pass-By Trips** 918 63 69 132 Total to Adjacent Streets 6,682 267 313 580 Note(s): *Internal Capture-up to 20%max. **Pass-By Trips—PM Pk Hr—up to 25%max for shopping center. Daily pass-by rates are assumed to be 10%lower than the PM Pk Hr rates. The project estimated net new volume traffic shown in Table 2D reflects the highest impact PM peak hour traffic under proposed MPUD amendment conditions (Table 2C— j Proposed Scenario B), versus the existing approved MPUD conditions—Table 2A. Table 2D • Trip Generation(Proposed Net New Traffic)—Average Weekday 24 Hour Two- i Way Volume PM Peak Hour Land Use Enter Exit Total Scenario B MPUD Proposed Amendment 6,682 267 313 580 (Total to Adjacent Streets) _ Maximum Allowed MPUD Existing Approved 8,886 354 359 713 (Total to Adjacent Streets) Net Increase(Net Decrease) (2,204) (87) (46) (133) Conclusion As illustrated in Table 2D, from a traffic stand point, the proposed Tree Farm MPUD amendment is less intensive compared to what was originally approved. • i Trebilcock Consulting Solutions,PA Page 18 Tree Farm MPUD Amendment—TIA—July 2015 .• • Appendix A: MPUD Master Plan (1 Sheet) • I • Trebilcock Consulting Solutions,PA Page 19 Tree Farm MPUDAmendment—TMA—July 2015 • ;a118 3aYNYW33'1171N30K3tl'35A pow, q Ioc NIN 4. Li i'. i ilgi r •and noz d i w r lei t Ie 2 El ag. --� 4 q �I. 11 uOZ �;, .•- ;. ildsmAs , 1§, . =ir 3NIlHa1VW -�C Y. � F y� rel a—� .. i�. g r/ .6- ,�y, Tic li i a I oc CI !, , I 4 . --401-, a 1g 11 i ' :1 11 z 12 kg„,.• ,' 'L.-. § S Wi''''.7, b? .13[:'' ,4,__I, itg 1 ,1/4a.:--,-----:'—'1.— -1 E ..i.,5 -,::___ ! 0 1 4iti ,.1 v. .1 zsi pi .1 .... v 1 1 a rio �� : o , ,___ ___.71..) i t • > fi- -- , ! ,.,I4 FFF�� 111 i u I r v !. 5 : 1 = 8ig411 i 1 ;2!, I g2 krsa �s i �, f - b I I z =1 I _ --L_ __mor�ir+ionnx _ a a a r+ g s I ' R ;a l 2 II I. i _ ,: C' � a .3NoMAYMI oc F- : ••:It , ----1- • Trebilcock Consulting Solutions,PA Page 110 Tree Farm MPUD Amendment—TIA—July 2015 • Appendix B: Trip Generation Calculations ITE 9th Edition (18 Sheets) • Trebilcock Consulting Solutions,PA Page ill L. Tree Farm MPUD Amendment—TIA—July 2015 4110 Protect Name: Tree Farm•MPUD•Allowed•-hay 2015 Ne: Date: 7171 n015 City: Stat.Arovincsr Zip/Postal Cede: Country: Client Name: Analyses Name: Edition: 17E-TOM 91n Edition Land Use Size • Daily --Entry eek Envy PM Pk* eau V 230-ResldsndalCendembMumlTownheuse 42501 1133 1132 13I 65 Reiution 0 0 0 0 Internal 395 386 42 33 Pass•by 0 0 0 0 Non-pm-by 748 746 90 32 720-Medeal-0emtl Ohio.Building 315 01 569 569 29 74 Reduction 0 0 0 0 Internal 85 136 9 8 Pass-by 0 0 0 0 Non•pass-by 494 433 20 68 020•Shopping Center 143.5111 4294 4294 386 397 Reduction 0 0 0 0 III Irternal 511 459 40 50 Pass-by 567 576 62 86 • Non-pass-by 3218 3259 244 261 Total 5996 5995 527 536 T0aI Reduction 0 0 0 0 Total Internal 981 981 91 91 TotalPasrby 587 576 82 86 Total Nen-pars4m 1 4448 4438 354 359 (1) DweWaUn45 (2) woo Sq Fee(o-om Ftor Area (3) 1007 Sq Feet Gross Leesetae Area 4 .-. .. .. ._..,. - _ n R.. _ .. • • Trebilcock Consulting Solutions,PA Page 112 Tree Form MPUD Amendment—TIA—July 2015 11110 Paned Setting e/ Data provided by ITE Spew,Me rndetxendeni'...a.;fl&4- tory.E nJ and Cal ater;eteetod l r:r used in let. ae:t.Xiriri•ii the runoori hi 7nvir generated in thy snely4, I t t-:lord 4Ety ha. clic! Ad.;itd..s an[».r. Projekt Warne rtes,Fenn.MPIiC^ Allowed-Airy:tor. AJlay00 Name Coot Lend tie independent Vanebie Sire Time Bored Method Entry Ext Tots ▪ _du pev^).ilia Enettng gloss i3 125 .,..,.... vj b v j r Lntlto ry a'TLnr:,.:a6 1133 1132 226 4 T*ir. e�7ca1{:are,t9 1WWOOSo fest 1'Meentlar Average a,,.„: <e din.j 3x 9 1 s89 r,,: ▪ 326"Sncpiyr*2 IOG3 S Fest Boss tJ 143 c vteeauaw ci J Center a . .............. Sett 1iLObi vfQ 1:n8,=t?Ain,-1•a.33 42£14 4794 ASA. It attic Reduchons Speory a ctrcentaoe Ly ne:te.In,Entry Tnp owl EMT%ten be row,en air a ern Lard ton Tns,educann is*vied to the Entry Trip Boa E•4 Trip nom the p+r,.-tout soAbn Tet C•ra arra nays clock` Add i4•A s arid,. Lend use Entry Reduction Adjusted Entry Es it Reduction Adjusted Eert 23n•4,bsdartst Ceniomreu ll orettuse 120 Me0•;d•Chiedd(Orb E+ur0n4 988 y:2u•JF•rc•reeng,'orter i, 0 429,1 '6 a;, 4294 • internal Trips -l`o`lly the percentage of opt tial oaur 1Mween Pre Land lKa ori the led and P. L and rite.:n the n9M tits tattle Meow*Went, 1r.Plat+xrmirsr of trio,that have been rr^d ted torn a tad.;3d Land 115e Tire Mat nunite+of htbrthet T lops la`own L and Use y«i, tx d<4.o.Vet tion,ton adtu0ted Entry Trot er.7 Ent Trios tum the prw•rvut 5,n;1.r Tc re4,✓0 any ncta1 cl,cs,the- ,-3 i ateee err,otden n^,n1.7.Eh-ryes Sae the 41^""401f, Or rt'N,f^.^ 2$•RedldentW C.nMRtttalumfrsMs suss 720•MedICSI-Dental Ofiic e Building Esti 113: C,d•mariA Eut Z• Betanced?% I8i 6 Cwnmr.: Entry Entry 11= ,umand Entry l3 !9s (141 baldrlcvdtr [.emend E•ri • "tE Ex it - 230-Residential CondominEsnl ownhouse 020-Shopping Center Era C^rmandfxit +38 1!e 44,31) Beter88 C•ementEnirt 9 04 OW Entry Entry C`en,and Entry r...390 (3741 Baton*4 Lomond E(4 In ,4e 1472, Ex374n 720•Medical-Dental Office Building 820•Shopping Center Pall • ts•ins.1E+t __ .12'i 6eerrre•1 Ete?,ie+d Erev a .t7 r Entry Entrytuna•",bty tc. e 1 91 E41rrc.:7 :^an,ena Eru 3 1k t120i Exit . 230-Residential Condomintun1Tdwnhouse Internal Trips Tafel Thps 020-Shone Intl External Tnp: 720-Medteaidereel Office Building Center Total Entry i vi t tar rnp I Exit tnx;i+40, ,bCt.z4Rsi Teo1810%) Total .. '1.'.,,=.#Rt L71134t'tt 14%1 1411 Trebilcock Consulting Solutions,PA Page 113 Tree Farm MPUD Amendment—TIA—July 2015 •720•Medieat-cental Office Building intense!Tdps 7ofal7dr 23B•ReaWs_sl B20.Sbepping TMal external Trips Ceedeeitieneevetheese Canto if (% 1'Copy Melysis (t Peal as r'P �M _ ) ��1M � ( xat xl6g1!%�fl'v i t75(15%) 184 f45%1 EC-0 569(1W%) 11(2%) 125(22%) 136(24%) 433(76%) Total 1138(103%) 11(1%) 210(18%) 221(19%) 917(81%) � r 880•Slapping Cantor Meted Ups Total Trips 230-Residential D Mal CMB: Tole/ External Trips CondsmbdunRearnhonse I But. F ally 4294(100%) 386 P%) t 125(3%) 611(12%y 3783(86%) Exit 4294(100%) 374(9%) j 85(2%) f 459(11%) 3835(89%) Total 8588(100%) 760(9%) I 210(2%) i 970(119) 7618(89%) External Trips Specify the percentage of Pass-by Trips for each Land Use The percentage will be reduced from the total number of Extreme(Trips from the previous section To record any oohs,dick ' Add Nous above The V icon preceding the Pas*by%value indicates date provided by ITE Clicking the inn changes a custom Pass-by%value to dale provided by fTE. Lied Use EatondTrips Pas•by% Pas•byTtrs NnIr bv 230-Rondonia)Cordomniumrfownhause 1494 0 1191 720•Medial-Dental Office Budding 917 V-r 917 820•Shopping Center 7618 15 1143 6475 V • Trebilcock Consulting Solutions,PA Page 114 Tree Form MPUD Amendment—TIA—July 2015 41111 Period Setting . Data provided by ITE ;peaty the mdep,nO nt banahle tame Genoa aniW.'.Mte4ation M.!tterA h,Go...AA u1 Me•c,ac'slalom of the J>umber nt Tnp. 9erwn4 eu 1e its.a0a:vs.s To r0.old eery solos .4 es arta Nate,atc•, Frre_le.1 Non', T.ee Fans.int i I).OJIo.+eJ Ally.21:15 Afl0Iss s Name PM Pk Mr Lana thee Independent Variable is Tim.Penal Method Entry Exit Total 4 2 60-kdst.34nl81 '.xJ•Y m,--srum?[wnit0a5a Covait Lush �. 425 Weekday Peak NouraV 16eN Fit(LOG!V..110 Lr{T - ?2Lre=_}•d32 132 85 !St TyT-M*dn.ai-L•er.a+ t(KsOSo F,.fC-,r,r J 3+5 W6ektl0y,Peak Mrtor heat 10 Vitro Soar deg :nrT;-n 29 74 003 (.� era-shuppxl9 trot.So Feet L`•.ots r v) 14?`. WLV43ay.Feet NdirBess Fit 41'.-.a 1..:i •.enter Traffic Roiucborea Srrt•ary a r•erctntag1 try oho•t.the Entry Trio and E.4 Tnp rill be reduced Mr oath Lard use Itus rod,rcbbn:1 1414.01 to Int Entre T nL and E.c Tnp horn the previous w.-hon To record any nat*s Add N4101 ahoy* Land U.s Entry Reduction Adjusted Entry Exd Reducban Adjusted Ex❑ ?30..reSidenhal C..,:adum 0000/T 0rrnrs)use , _) yc 72ti.-Meir.•al•t00.4lOlt`ebrtIt1rr.? 2g der 74 fi?r7 7*0"I'' _ 1} '4k 1 T 11111111 Internal Trips .. Spe<iry tie ntrterdoQo e.1 trips 1001 o.t.tr br0r .da.104 Lana Us:•on free kelt sad the Land I.se on the mini Thr tat a tea 00 draplayS the trial number of taps mat hese 00.17 redh.'ed Aorta parteiuktr Land Lase the iota hint*,1f sterna Trips e01 ran.. 1.arta 4)7*.'rH 0t dddud*il from the adraste-i Ertte Tops ars E.4 Taps rrt•m the 75400-us tr.lr:n T1 rrnxd ams 0014-s 71,{k In. .t•?r.at.- e Fr.Mtarhnwndeal+akrrt Sr*11*TO Meat.._drtrC54FF 7E 774 730-Residential CandominiunyTowrt(ouse 770-Med cal-Dental Office Brit ting Ezd ter,.r '>< - ;n1 6alanrtd L+ 1 ski Ent; Entry Stile ted E n1ry D.-NY-alb-1h. i.2 ^W { ! _ Demand E•d Era 230-Residential CotdomlMum+To vrtiouse 820-Shopping Center F.xrt ,... �. E*bn.0•t C^vena*A Entry 9 - Entry Entry !7410 k d'. 'Si He 1411 B,xa��ea kk�marx.JE•t t? r; .d Exd 720-Medical Dental Once Building 820-Shopping Centel Exd , "o'°•es 071Daniani 17r, _ Entry Entry Immo.;1,11, '21 •':1'ar>F'.`1 -remand'E.n ,3 Fit 730-Residential Condontlrtiurn'Townhouse Internal Trips Total Tnps 820-Snooping External Tnpa 720-Medica{-Dental Office SwirlingTotalTotal Entry 4 (5 Total - t4 IOP% 11111 Trebilcock Consulting Solutions,PA 1 15 Tree Farm MPUD Amendment—TIA—July 2015 • 720•Msdlcal•DORal Office Bulking Internal Trips _ Copy al EslsdalTripe 0 AddPnalyss T Mys l lieu c b' l __�l ToW mea= Entry 29(100%) 0(3%) 9(31%) 9(31%) 20(69%) E sit 74(100%) 1(1%) 7(9%) 8(11%) 66(09%) Total 103(100%) I(1%) 16(16%) 17(17%) 06(03%) 020•Shopping Conger Original Trips Total Trips 230-Rsldastlal 710-Nedlu4 Estonia!Tripe Csndosbrlasldfawnhoose Dr Olga Total Entry 3136(100%) 33(9%) 7(2%) T 40(11%) 326(09%) Eek 397(100%) 41(10%) 9(2%) 1 50(13%) 347(97%) Total 763(100%) 74(10%) 16(2%) f 90(123) 673(130%) External Trips Specify the percentage of Pass-by Trips for each Land Use.The percentage sell be reduced from the total number of External Trips front the previous section To record any notes,dick Add Notes above The icon pieceding the Pese.by%value indreeles date prevded by ITE.Clckng the icon changes a cuslom Pass-by%value to data provided by ITE Laid Use Estonia Trip. Pass-by% Pasby Trips Nonj ss4ry 230-Residential ContiomeruMTownhouse 122 0 122 720-MediceFDent*Office Building 86 0 06 • 820-Shopping Center 073 O ilio 565 • Trebilcock Consulting Solutions,PA Page 116 Tree Form MPUD Amendment-TIA-July 2015 0 1 1 Project Nang Tree Farm-M PUO•Scenano A-Juy 2015 N. Data: 721/2015 Cat: State/Province: 21piostal Cede: Country: Client Nene: i; AnakiTs N.m.. Edition*. ITE-TGM 9th Edition Daily Land Ute Sire _.._- --------- Exit ._�_.• ! PM1ektk !eh..-_ r. Entry nvy 230-Rertentlal Condominium/Townhouse 281^1 790 790 94 46 Reduction 0 0 0 0 Internal 293 235 26 20 Passby 0 0 0 0 , Non-pass-by 497 555 68 26 720-Medlcal•Dental Office Building 12 5 a' 226 226 13 32 Reduction 0 0 0 0 ` Internal 58 86 6 P ass-by 0 0 0 0 r Nan-passby 168 140 7 25 020•Shopping Center 26 a 1415 1414 117 126 Reducton 0 0 0 0 Internal 427 447 27 35 P ass-by 148 145 22 23 Non-passby 840 872 68 68 046-OaseNnM6ervkeStation WMCon vententeMarket 12R 977 976 131 91 Reduction 0 0 0 0 Imemat 68 86 6 6 Passby 356 358 38 37 Non-pass-by 533 534 37 38 . 032•14106-Turnover(Sk•Deem)Restaurant 10 p 636 636 59 40 Reduction 0 0 0 0 r Internal 82 95 7 5 Passby 166 163 21 14 1 • Non-pass-by 360 378 31 21 9.•Pteaoe1 RestaurantwfOt Drive-Through Window•1 9.18 M 2305 2304 158 145 Reduction 0 0 0 0 1 Internal 228 225 16 15 Pass-by 624 623 57 52 Non-pass-by 1455 1456 65 76 Total 6349 6346 522 470 Total Reduction 0 0 0 0 Total Internal 1174 1174 BB 98 4 Total Pase-by 1294 1287 139 126 TotalNenyasa4+y3881 3885 'i 296 T 256 --- (8) Doerig 10 44 (7) 8000 So Fear Grass FW Area (3) l000Sq Feet Gross Leesebi Ares (4) Veehk item PaseR»s .. ... - ,. _ _ _. .. ..! s • Trebilcock Consulting Solutions,PA Page 117 Tree Form MPUD Amendment-TIA-July 2015 Prod Salting ♦ Oats provided try ITE SMWy lion inokowidint vi rNNa-Tins Fend.antl CAR,ul4sin 4100el0 tor 4213 rn Ne tek!ddptIn of ins nVn6#r nano denied ed 6,4 a^4v.: tc•,*c44eft 64144 din.. A 3Nodsab.* 6roiert Name T1eeFarr.kya-ro-5i4nrO,o iv--46.41S Nan* b4W Lund L s Indl'MIOMRValais SIN TIsrHAsd WtlMll Miry NM Total 2!0 esae4 y Vont rr 2„, w w ost v sBsr Ft & r •_abrnwme wrnous• 1— -------- _ __m-_ .____..._. Ln(T!=G 67Ln{ej.2 4e, 790 740 15',.. 720-aNOcd•CMa _. .. � CdttceRa4faq t0005gFwGross 125 'wva1da.• fv. avera0t• „_..,Ir:d 12 226 221, 4$: r te c0pn7 i itW sa Fs*Gross1v. 26 i i Bsal ft OG{i:J— Oa/=0Fa n. .•5bi 1415 1414 292,3 945. : 4;e:S!vrrtt St4�0(r G"Wt ,YNreM FrMgfbsa vj 12 — 162 76 977 976 1953 ._ =on 9322-haghl. •100054 Foal Grou12 10 NA.#44 J Arnret)3 (�t•CreMnR.alautv _ 1 n,f 636 636 1272 934-Gest4ooa Rsstau(at1 vet Cinve 10472 Sa Pint 6rest vuwµdey f A""42' J Through vV 49612 ::+:I5 2304 4900 T rafflc Reductions $y*cty a percentage by.4.0 1414'Enay T.lp a(.JE,4 Tnp wel pe nelicc0lcr 0001 Land List TMS leakeonis Appvyd 10 Mr Ensy 70q.and Ent Trip Bain ted i4*.nnn lothon to rr-Orden note.tisk- Add Mote d) 4 Linde Baby PlIgiblian AMulslRtty Emit Roductldn A4rted EslI • 230-Gnsidariltal t,>Mdm*mvTowhnous4 10 !Te igCr i1) +A, lar IX.MOICOLC*00'26C0 121/40.0 [51-11":: 226 Vito 226 020-St ag e%Cee1M 1q.-116 149; 4 1414 945 ssoan61 Mtn ce Stain 415 onweV.tr«:6 Mara* Falk 977 io % 976 932-Ngn.Taimyr(54Lve4,i Rn9auare l0 fi5F 636 934.Fast-Farad ReSasant net.Lnn.wotNs)WnOnd t If .0. 230: i0 }Ii, 2308 Iraerr/N Tnpa Spares Ins pMfAntape*tiros Ota otter batman 111.Land Use on the 1*1 MOI*Land Una or ted repo TM tate*boor d1p4y1 the tam sumer C, trio thea hart bean eadacodtrom a macula?L.aid Us*TM td*number d Internal Time kw each Land the we bio denuded from do 1tauMed EON rps and 64 Tops hon 0*tom-Vs 4IM4r Ta(word arty miss 0.411 Me Kon Mom Fo roc CITIffienied whim tee Ike!.7E 4:1114014o If IVFF'62� 230-Restdentiel Condominium/Townhouse 720-medics!-0ental Office Building Exit 7r4. :,bmar.d E,a �: 9. sh Fawn w7 :4nWrd Entry il tit Entry Entry 760 Dernlnd Entry '3 ';9t ,217 6almce] rv.nand 130-bNWeRlsl C'MMIIIhi1ltIRMMrqugo 820•Shopping Center MIR 790 Canra10 Eno X36 # 6$O)4 kiaa:27 i1104nd UM; Y 12 r. Entry .415. r*mind EI*y 133 ,2611 Elaarcad C.rond£ '.i t, (14:.. Exit 144 Mary tc 946-Got ohn•FSarnco Mallon With Convenience 230•Residential Condominiumfrownhouee Market Exit 790 C6rnendE.4 ;8 I, 53) Bekn�cvu Lammo,Eno* i' 120 Entry 977 &dry 71n Came,d bet? tb !96 1471 BalankW Cw•n4x5 Er[ t2ik 1261 Exit 475 Trebilcock Consulting Solutions,PA Page 118 Tree Form MPUD Amendment—TIA—July 2015 1 ye-RleldotrlW Udondni yvT,mhatoa 837•910-Trta.wr(Sit-0ow.1 R.Ialraa Hr 790 Demand Etat 016 (103 13 addend Dwrwtd Entry: 11:115 (19) ERN 635 19 -M111 d -994 l'i '.11 fart 1' (29 EMI 636 a ; . �pyN%,7 i Wee A;4#04')Ell 7�vnn Revanv 934-4ealFwd Raatatrranl vih Drba-TMna h Window•. 236..RsidrBa CondaeMtoa7rarnrosa ' T El. 710 Dermot Eel. L'.3_196(103) Baiancea Dernlyd Esnl3..g6 (619 Ent))) 2735 j . 69 ERN 790 Demand Hary L_ie) Oh97 Bild Grow)E 1 IJp (93) Hit 2301 776•radW-O.$al Moe Beady 1170-Shopping CNN. Eli 226 pn%I*1 Eut )ri2_(% (96 B mad. Demwp Env 14 i% (51) Ent) 1415 Balrc s: ERN 218 pnerd EAry. r,1-57:9) (34) 34 Osmond Eat E:111. (4A EA 1414 728•Yadc1.DaRa Office Maim -Gsa/n.Savice Stator WWr Convoienca . Marini 5* 226 D,n*rd Ed) t41,J% (% Betarca2: DenandEnlry. }% (101 041404977 ERq 226 Benue]CY4nl. FI76 (7) Ba Os7— nc 4be 1i._-}% (19 EM( 576 771•rdal.DSRat Mice Belding 932.7886 Tii over(59.13ouu)Rstwraat Eta 226 Anand ER (7_1% (16) Baa6m. Detnwd Entry' r179) (6) Erb/ 636 Ealy 226 prtord Erwy: 15-:11). (11) Balanced. Durand Eat coscos (b) Est 836 ) 726.Yaeltnl-Dsdd 131c.Mang .Fa 8Food R.i i4 wild,Drka-T6royh 1Nldoty- 1 Eel 226 Denrd Eel 17 j% (16) Baia red Amend Er*i LIR (23 EMI,/ 206 ERN 226 Demand Env: C%6 (11) Bsarnrad. Demand Ext F116 (23) ENS 7334 it B29.Shopping , 945.G:aingSavioaS Jc. luConwodawo BWha Eta 1411 Genentl Ext 18 i% 035) Ba Vis. DevisedEnv, ii--.!15 (93) ERy 977 t 1 611,9 1415 pl+anl E My E119 (99 Benem, Dowd Ea4 {B ?n (5W EA 976 B29-Shopping Center 932.141 .Tueorwr(5 t-Dowq Renamed bitDemandt. t0 Banntei: { III 1411 Demand Ex (111) S7 Donald n% (57) Ealy 636 . Bey 1115 prle7d Egg. F715, (177) Bald Domini Eat ms'% (64) E 635 1 l 934.FrtFoldRriaronvat DIMaThghNindor. ' pew T Eta 1411 Demand Eel 110]% (141) Boasted141 Bernard EAry: �Y �% (237) Entry 2335 ERN 1.15 pmatd Entry: [ J% (127) Balancedi Demand Eat 1096 (233 fain 7301 945-GsoInoSrNa S1adan Wer Caewniena Marks( 932.110.Tu/navar(SM-0own)Raitaurom Etll 976 Demand Exit 0❑% (W Boomed: Demand Entry.�ran% (W ashy 636 Enly 977 DOnSIS EAry: F-199 (W Bagncq: Darren()Eat 10 176 (0) Ek( 636 934.FslFn d Rstsanl rah Dr,.Threu h 1Mndaw. 945-GeeeMWSrNa Saws Wilk Convenience market 6 1 Ertl 976 Demand Eat C,% (16 Balanced DerRrd EAry: f0 1% (1) Feely 2306 Entry 977 Renard My. K341 goBwa tl. DemandEat. I" '^ 00 Etd 2301 932-Hglr.Turrwr(91-0o(wd Rstsarrt 931-Fast-Food Rasta/ant Mh Drlw-Tkrwgh Window• 1 E/ 836 Anon Exit r0-19 DA Balanced °smog EAry: t0 I% (0) Entry 2305 ERY 536 Demand ENe' LIS CO)(0) Balanced prreell LO ntl l. l% (W Ea 23134 236-Rs)dsadd CoadoaddunfTdoarhsoa __ kdrsllete 1 1 Tad Tails f1F 6?D• !I5. 6>Q-1/rr- 404-Fast-! —I E !--Rg-gurcas irai.�9 I6adaogrwc6T- 132- t' 934-Fast.! Fsod Tot/ Cilit• limier Eby1 79 01)0000!) 6(1%) 156 0094 20(31) I 25(39) 67(11%) 293(3794 497(63%) Es 79000 0(0%) 127(169) 20(3%) 19(214 69(6%) 235(30%) 585(7094 74s 1510(100%). 5(M4 293(1814 O(3'%) 44(3%) 15600%) 528(37%)l 1052(679) 770.YdatOw4d Office Oiling 1 • �. ., 1110 Trebilcock Consulting Solutions,PA Page 1 19 1 Tree Farm MAUD Amendment-TIA-July 2015 4 III NNW TON N6- • ErfafaM Ta9111x456 230.RWbwad Cfa4do. Slapping D SINN NM TrirNZ-190-0 Taff I 7Fp Ayy9l��`� 'CO1"11611 I s s 1 / • Prevrca i ___. 1.._-- _.771IO�61 .-_ . _7S p�Yt..__ __. 6(3%) 11(516) 38(78%) 166 p1%) EN 216000%) 5(216 50(72%) 9(4%) 6(3%) 16(7%) IN(39% 140(MN i Iola) 452(100%) 6 01i2 84(19%) 16(4%) (2(3%) 27(6%) 144 p1% 309(09%) 0231•Shopping Cuing sa11eeiT08a NW MN 720• NS. 964•7NI. Errna aConioBK. 10811x61• G91aD6n 1AMb 11•9947(.• find TOUT T 0.69101.. 64916.1. Cam- Noy 1415(100%) 127(9%) 50(4%) 69(1) 64(51) 127(9%) 427(30%) 989(70%) Ela 1414(1009) 156 01%) 34(2%) 59(41) 57(4%) 141(10%6) 447(321) 967 16896 70(4 2829(1001) 293(10%) 84(3% 119(4%) 121(44() 167(9%) 974(311) 1955(69%) 645.GsellenService Sleben 61di Convenience Moine Y61111Y T60e 16968 TIN* >90.6rM1111(M ON-5144800 002-(0O- TotalEalind TFM Cil" 0•411 O.. Maw Trrovar.. Aosta. Elroy 977(160%) 20(2%) 9(1%) 39(6%) 0(0%) 0(0%) 98(976) 889(97%) i + EN 976(100%) 10(2%) 7(1%) 59(0%) 0(0%) 0(0%) 96(9%) 991(9116 Tal 1953(100% 40)2%) 16(1%) 119(6%) OW%) 0(0%) 174(0%x1 7779(91%) !92.High-Turnovw(SY.Dnrn)Rrlwra4 Warp'Tors Tube Tem 200•eiladullal 720- Om•6%eP01ftO 0E- f61.Fait. Error Coldoniriaevraleal 1 Cm* Gamirw rt4ca. Fool Aa. Tow Trill OanlaL Entry 636 0001) 19(3162 6(116) 57(914 0(09111 0(0162 92(131) 654(97% Ed 936000%) 25(4%) 6(1%) 64(151) 0(0%) 0(0%9 95(15%) 541(95%) rel 1272(100%) 44(916) 12(196 121(101) 0(0%) 0(0%) 177(1 4162 1035(66%) i I i 639.Fs(rsta baa Ru1o111 44464446OAw-T6raag11YMnaaw•1 111 60111191 TON UN klps 2.2.6416.4181 7m' Mt' I 096• (I�- Ede wiped 0104114 6�8Y11a)011ds 00/k T0Y OriisinNWTemiYrre C Oat. rAer storm Wk. 766684 Eery; 2305(100%) 69(3%) 16(1 141(6%) ! 0(0) 6(97) 211cum 1 2079(90%) Es* 2304(1006) 97(49) 11(0%) 127(6 ) i 0(0%) 0(010 225(10%)7 2070(90%) Tow;1800(100%) 15613%) 17(11) 280(6%2 l ((0%) 0(0%) 1 461(101)i 9156(007) Cxlarnal 1r1111 %«627 the percentage a Pinney ir(ps for each Land Use The precenllgewn be reduced OOm the total nu%6u of External Trfps kOm rhe previous faction To record env 11e>R tick• Add ene1 snore The V tin p ecea►4 01e P01119%varve ndc11es age pro'9d09 in CIt(rO 61e Kan charges*wrap P69448,94 valor to dab 0009441177 ITE Lund No Wand T1691 Pasa9y% Pas461 T99U 0181616.171 7096 230-Rover balCondon mMruwNrouse t052 CCI 0 1052 720•lee dca6ClerealMete 9uelne 308 j% 0 303 620.Wooing Ceram 1955 015 $ 293 1667 945.0b9dnrSen44 61faon41lei C0Men0rce el Orkin 1779 L-1~ 712 1067 932-71190.7umovr(9447:art RW8Vbn1 1006 I ,7< 3I0 766 934-Fa64FOOd Reaau0R Win Cow T rotgn Wndow•1 1159 Er. 1247 1611 • Trebilcock Consulting Solutions,PA Page 120 Tree Form MPUD Amendment—T!A—July 2015 Pe nod Setting J Data pr's vlded by 1TE iYwnt,tree Irr.]epr,den!vase**-Tn*+Gtt-,J Bre V. &Mt.*: be usFl,r,tr*sla,:0bcr.:iPt*Mrtr#+ t tops or:.T11.11,1,5 ewe,..•. To rM.wd aty ridey t}:y spa tedk: P of r.Mama .tri`Fa'rv..M:,C..::'+`fd , Of,2f.1°. Lr.,a•�•.•,Nana L and Use Independent Variable Sea Time Peeled WOW Only Est Tota *..,,.wu.a„sk �.wNbrnjltna5 vj :er viewrzer-fes*rsvr v Beat Few GE.I, ln{7;'3132Uiv1.j.}. 90 `t t1: -nt.s lEtW Sq Fee truss J 125 yPeJer.Pod Har Best 4-0:6G113.:_tDCl v -,,�a h+tQn,x}•t�? 13 32 J 420-SnypreT IRVO SA F M gross e.�A 25 weetab.Peek rind a Best Ft d.00 r L,tT;:4dl.a 1.2...+1 117 125 .H `115 r({yyMP suet delude Fuan4 P¢tca'st ?2 tMwk2a*.Meati:hat:sr :Avew dd.'.vett. J J anew* =omimer,ce ±.1 At 81 Hr7r.Tdnwlr 1tA05Q Feet G* w ost sv� 't• vbr4rh H..rt,z] cher w rJ tSrFCMn1 keatalanl -. ... _...... 4,.# 934•rest-Fogs Festedirt van Cm.* 1t)JO A Fair 4 rt`yj rr . Na ktdr,Peak My J Roda7t ,V� Traffic Reductions tt a Ge*rartav:b4 wt.,.t.;rw.E:Art Trig.ant E.+S'MI M rwc..w1 h*..e:r.La141*c:.Tem.r*rtx'tln.,<.44:**1 h'tt•-Frtrr Teig,arra€ - h*rnIt.GrW'.u5wt.*r 1}re,r140 arty note,(WI+ - 4M tA`.w et✓0, • Laid Use EntryReductionAdjusted Entry Exit Reduction Exit+i-Pase7ert`a Cur*Jr{nrs,*m//{+wh.vte v r°a 2it.A.1.+SCaIiS<'1at".'t1Re�trellr:d 445Sea=:,,t'MI bkane etxeMan* 4r S: 'i--:-N Tumcre•711tC1<.rrat Pomade,* G ,2.•s.Feur"..dPeiteura'1 weh 0,4 Trott*, 1 internal Tnps :*t M6 PiltKtads Ot UPS d+JCti(UI t4tw,tdn tOw tand0:..0cn Me+Mt andlne L.Jr.4 OW wt 4ter44 the IAN.*--eta,4.00*;dna lila nunY;ie, ' Ihos ria Kase Pieta edged Nom a path uta laid t.tse Tho KIN sautes d manna Tnpse Ne eerh t/,d t-+SF tuR to dNr:weld os ae NthN d E-n• RefWV/Ext Trig, T;<..,,. ... . a *naw ft*,cr.*bt., ».enabc,.,e Fri res ahr.eedsd va6,rs Sy*,We .,tom t 230-Rr s.dent el Condemm'umnownhouse 720-Medical-Dental OBtua Building Eul - (er•.r 11•t E al ids] G,N), - :i„ EMI le Entry ., •r ) ,. 6aare;e.J 1,er...1E.s 2 q: r'• Exit 230-Residential Garidetrltntum/TOwrrhouas 820-Shopping Center Esti C.ar.xdLie °`.ti n` Itedi.,91 tzGt }t Terrwntl Erre} Enoy Entry Coftw 4Entre 'tt "k *?Ftp F-aa1.* Lesna04E,1 . - Ent 230-R,edenbal Condominium/TownhouseSed-Gown nelSerwee Station with Convenience Menet Ed ..+rw.dtre If a e°. P.,emced 1 ttt0 -, Entry Eros :4.ar_a Entre ,h & Ea..r.•r -rd Ere 2 •* .. Esti • Trebilcock Consulting Solutions,PA ;' a g c` 121 I Tree Farm MPUD Amendment—T!A—July 2015 Ilk 1111 I 230-ReeidentidCondwNnwWrownhour 932-11h-Tunowr(1115aewn)ReKM,rtid t Hat 4t. remandEdl [1-81% (8) ��c� DonatoEnrr r3_ pi (2) 6!y 59 Bey ( Brelcai _ � rmwndEnry �to"?x 19ytr�r CwrwntE�d r! h6 t}, Ede 130 4.4dd eneN1.- (Lf-c 49 a�roA<00 (ItSa Mak%) (s#ie Fte.wn ) € 230-Residential Cendemintrandrowedwn4r 974•Frtieed Restaurant watt Odra-Through Wndow• 1 l Ex>t Em 138 Gerrrd an �1J. S? [ereno Entry CD �b IS) Enby t5e s Entry 9.1 Demr.d Day 1'h (9) ELEIah W LYmeM Exn �4 -R: IFI Exit tat 770-Medte9-Dental Office BW aing Bao-mapping cantor Ed arced Dern4113 Fehr i2 12) 117 EA 32 Demand Ea I3.8 In _-._}% inky Ery t3 CernandEny 15i—;1BdaidI.Ill a D naMEar ii 1% WV fish 126 770-11•614111-0aniN Office Mane9413-G.9oanelaerrlee lta9.n y49e Convenience • Em 32 C.mendEea X1% (9 6343'C44 C,e3an3Enry LJ (t) Entry 81 Bateoced Eta el Eft 13 Crnendfnlry b._I%Ill t Uenani Erd i1 M (ti 720-14.040142antal ORfce Raiding 932-141611-Timlvver lik-Dewn)ReMwwant I Em 37 Demand Ea [771% IA Bdaaiced D nendEntry [1 % (I) Entry 59 1 Entry *2 [4men8Enry ,10 1% Int [AVM DrenardE,n (i :I% 101 EU 40 779-McAeN-0NntN Office Oaken 934•Fat-It n ood Restaurant with Drive-Through Window- 1 Em 32 Guard Exit _a. IZ) Bete2.1 Demand Entry I�_._h' (21 Entry lee Bay 13 DamandBar 1.1-6 lit )l) &'a;e" Ixmatl6e L-1:::ire 11) 613 1413 lac-Shopping tinier 946-Ges9)rwaleea coOgler. Nth Convenience r Market Cm flu EralaFx e j11. l61 Belau 3 ['mono EnIS L t 13) Gary Cl Entry 117 1,334e40En. fir 141(5) Blamed Dema.oE•I le "h 13. Eta Cl 429-Shopping Canter 932.61 *-Turrweer p461:1OWrg ReasUrdnt ESR mII 126 Deand Ea Ti% I% BeI4� 1• i Demand Entry ` (4) Entry 59 Entry 117 Demand Enry E 1-7-D%�i% (8) Boasted Demand t IA Eaa 40 924-8hoppin9 Cents' 934-Faat.Fsod Restaurant with Driveow)h NMaew- 1 Edt 126 ()emend Ent [712% (9r Bei yce0 DerenaErwy (10 Bary 158 Entry 117 Demand Eng T�6 (8) &taxed Dement)Eta (10) Ede 145 945-taaafneflerldce Station NA91Convenience Minot 932-wgh-Tune vet(9Roown)Belgium* Ede 81 Demand Ext t"__j% (0) 0110)14 Dermad Entry IF 1% (0) Eery 59 Entry 81 Demand Envy01__)61.(o) 0I*C.4 DonseoC t Co i96 l0) bra 40 • 0 I 948-Caeoli,1 fMMee Station NM Convenience Wawa934-FarFood Readiest*with OrMe•ThfaghN4ndeYn- 1 Em 81 Demmid Exit L_J)e (0) Balanced Demend Entry 10_.1% (0) Enry 158 Entry 51 Dem.,d Entry (0) Balanced eDemand Ea E-1—111. (01 EA 145 972-High-Turnover ti)k-0o4n)ReNalrntnt 934-Fre-Feed Re steam*with Calve-Through Window- 1 Exit 40 Demand Fxn [ )e. (0) Ben Oced Demand Entry IG (0) Ettry 158 Er6y 59 Demand Enry F0 )e (0) Bel 0c11 Dermad Ea [0 -fire 14) Oa 145 230-Residential C.ndo*)nium(TC nhouee glanll94. pa. Btiwalr Thal Mx ,el-Milled lelM OI:] e Gee ylierese 1•M",r TMd . Pim et. R,9l.M. Bray 94(100%) 016415(14%) 2(2%) 2(2%) 0(9%) 26(28%) 138(72%) ' Em 45(100%) O(994 11124%) 2(4%) 2 M 5(11%) 20(43%) 29(57%) ) TOW j 140(100%) ..-..�11154 ...--.--.2"1") 4(3%) 40%4 I 11 18%1 dfi 133%1 94(679.) 720-Medkal-0aniel Office BWIlieg • Trebilcock Consulting Solutions,PA Page 122 Tree Form MPUD Amendment-TIA-July 2015 • Miami TIMs I FilialTar Tgls 23a.Rsslrsntbslcont. laa�ap mo s Wt-Nya•Ta Tatar Flit• Tad 1 Rips QUI yr�v strlrl over (S- FMO A-- -i-1CCR' '_ ^oa✓garx)95 �i PrMrew�I 0(0%) (BK) 6(461) ! -7(511) Ear 32(100%) I(3%) 2(61) I(3%) 1(3%) 2(6%) 1(22%) 25(76%) Tar 45(100%) 1(21) 6(1 3%) 2(4%) 1(2%i 3(114) 13(29%) 32(71 ) I I 11211-Shipping Canty • Mental las Iota Iris 210•Rerdrral F20' GsilYtarirvlo 1132-Nlih-Ti uredo Fiat- EMSS$ ladled- Csadatniala. Dad a. Cohan- 00- R Feed Tar Ik EaaSy 117 000%) it(9%) 2(21) 3(39) 3(3%) 8(7%) 27(23% 90(77%) Er1 126(100%) 15(12%) 4131) 3(2%) 4(3%) 9p9) 35(29%) 91(72%) • Tall 243(100%) 28(11%) 6(2%) 6(2%) 7(3%) 17(710 62(26%) 101 (74%) SNS-Gaioain.Sav4ce Straw Ma Convenience Marka • band Taps Tar Taos 210•i iii MI 720. IN_Shpgig 932-H M-Medi* EasingIf 711.1 Caadrslafr1a uow.. O. Crr Tu. _ Fes(Dad Till Res. Easy 81(100%) 2(2%) 1(1%) 3(4%) 0(0%) 0(09) 6(7%) 75 033%) E4 81(1001) 2(2%) 1(103 3(4%) 0(0%) 0(0%) 6(7%) 75033%) Tea 162(1009) 4(2%) 2(1% 6(4%) 0(0%) 0(0%) 12(7%) 150(93%) j ` 132_lOgh•Turaaer(Sit-Dover)Rrtaaisnt lame lips Tar Tips 250-Rishaata 720- aro-flaapssap %i6- - EeIMd Cortlapinharoaedue t M/. Carr F.� Tar Trips ar { rainy 59(100!) 2(3%) 1(2%) 4(7%) 0(0%) 0(0% 7(12%) 52(98%%) • Ear 40(103%) 2(5%) 0(0%) 3(9%) 0(0%) 0(0%) 5(13%) 35(87%) I Tar 99(1001) 4 MO 1 0* 7(7%) 0(0%) 0(0%) 12(121) 87(88%) 931•Fist*sod Restiursa with Drlvs-Through Window.1 , Mame lips 1 Tata TAps t p nlyNrowMllr NOcL eaC G�rlSnin 111.1). Tar ETM1 ats DOC DtalraMOtG Tree. My I 158(100%)1 6 Pin 20% 9 RAO 0(0%) 0 OM) 18(10%)1142(909) I Ear 145(100%) 8(4% I 1(11) 8(6%) 0(0%) 0(0%) (5(10%): 1313(90%) Tela 300(100 )1 11(4%) j 3(1%) 17 6%03 0(0%) 0(0%) 31(10%)1 272(90%) , , External Trips r SPUR, percentage of Pase.DY Trips for each lard lMP,-nae pomade all De reduced from the total naer06r of Enemy Tris front),previous section To record an/roes,(li4•,Add Notes above. The V icon Reading the hese by%villa aisles ire provided by ITE.C6c(onp the rcrn cbsngea a curlomPassry%viae to data provided W RE Lanai Ur Lana trips Paiy% Pais-by Tat NDngass.y Tues I 230-Resdenual Coaidaredurr4Tavmause 94 { % 0 94 720•MedcaFDMlOnce nuking 32 Fri% 0 32 930-Sho9pho Center 181 076-1% 45 136 945-GaaMelSenica Mato)Wan Canvenence al ROI ISO QCI% 75 75 932-Hob Turnover(Sr)Doem)Rer9eant 87 Q'al 0 35 52 934•Fag-Coed Restaurant nth DrIe-TMDeeps Mllpde*-1 272 QI10-i51 109 163 • Trebilcock Consulting Solutions,PA Page 123 Tree Farm MPUDAmendment—TIA—July 2015 • Project Nam s Tree Fenn.MPUD•Scenario B.July 2015 No: Date: 7/21/2015 Ctq: State/Province: ZgRosw Cods Country: Client Name. Analyst's Name: Eaten: ITE.TOM Mb Edition G Lana Use size -- Daily __-•.__._ PM Pk w Entry Exit Entry Exit 230•Residentist Condominium/Townhouse 281 m 700 790 94 46 Reduction 0 0 0 0 Internal 267 300 32 24 Pass-by 0 0 0 0 Non-pass-by 523 490 62 22 720-N dkal-0antal Cerise Building 10 9, 181 180 10 27 Reduction 0 0 0 0 I Internal 29 46 4 7 Pass-by 0 0 0 0 Non-pass-by 152 134 6 20 710.General Office Building 10 at 114 114 15 75 r Reduction 0 0 0 0 Internal 19 29 5 9 Passby 0 0 0 0 • Non-Passby 95 95 ID 66 CO•Shopping Carter 100 w 3396 3395 286 311 Reducton 0 0 0 0 Internal 365 305 36 37 Pass-by 455 463 63 69 • Non-pass-by 2576 2627 199 205 r Total i—+" 4481 4478 407 459 Total Reduction 0 0 0 0 Totalintomal 660 680 77 77 Total Pass-by 455 463 63 68 Total Nonyasnby 3346 3336 267 313 i — i (1) CureungUnts (2) 1000SG Fest G17a3 Fb0 Aee (3) 1000Sq.Fed Gloss Cremate ate • Trebilcock Consulting Solutions,PA Page 124 Tree Farm MPUD Amendment—TIA—July 2015 • Period Setting J Data provided by ITE A Sprner rhe e,depeMltMo Venable.Time Fanod.and CalWafon Metlsod to to used to the Calculatttn of Ins number of Tops generated in the analysis TO record any notes rack• Add Notes above Protect Name Tree Farm-MPUD-L:ceeeno e•Me 2015 Mays*Name IDaily -..... ._._.___ ILand Ute Indpenderd Vrible Ms Time Paled Method Entry Eek Total CdrnNmiruun/1owMwse 1Owe1mpllMs Q Tel (Veeday v Best Fd(LOG v V Ln(T)=0 67LM y.1.246 790 79(1 15A0 Cl 720-Mercel{lerdd 1000$q Feet Gross Q 10 Veetday v Avttrage -11Q 36 13 161 166 361 710-General omce q eirarp F0-1-6 Feet Gross a Id tvttelhday 0 jB.taFanoenlV Ln(T).0 76Loyh)•363 114 114 226 Q 6 Shopping 11000Sq Feet Gross Q. 100 ?Weekday—I _. El !Best Fd(1.0&11:1 V Center Ln(T)=085Lre X)•583 3396 3395 8791 1911te Reductions Shealy a percentage by wlsch the Erre Tab and Ewe 1 op will be reduced tor each Lend Use 1 les roductun is ap4lted In the Entry Tap end E>6 Tnp from the previous section To record any notes,CWk• Add Notes above Lend tie Entry Reduction Adjusted Erdry Salt Redladten Adpaited Era 230-Restder6in tondomnamrrowntpuae Litt 791 g_711b 7A) 720-Medical-Cartel°DoeBuilding 0_ 14 161 10711 180 710•General Once Baldry r—Il• 114 114 820-Mown, �P4 3306 flIb 3395 - .._ - ._ • .-._.. _----------_ Wain el Trips Speedy the percentage of lops Ih l pod,between the Land Use on the let and the Land Use on the not The lade below dspeys the Mal nuMer ortnps that have been reduced from a parkuler Land Use Ttie told number of Internet Tops kr'each Land Use wis be deduced from the emitted Entry Tnps and Ent lops tern the previous section To mood any notes.Click en • con above For recommended values see the ITE Isandbool•or thLtir•P 664 230-Rusldeudlal Ca de dnWmlrawldrowe 720•Medtal-Ondal ORke Building Esat 790 bornane Em4 10.1 % (0) Balanced Demand Entry Fig: 101 Entry 181 Entry 790 [stipend Entry t! In (241 Balanced Demand End rl% (4) Exit 180 230•Residential Condendrilundrevediouse 710.Oeahwd Office Pudding Exit 790 Clymer Ent (D) Belartnuwi Demand Entry ▪ (0) Enw 114 Entry 790 Demand Entry :i-14% (241 Balanced Demand Ent Ii 1% (2) Salt 114 230•ReSIH.i$l C sitilendniuniffonedsouto 0H-> g Conan Exit 700 Demand Ent 138 Pe 13001 balms Demand Enke 0..,Iia 13061 Entry 3303 Entry 790 Demand Erory f 33:hie (261/ Bal761 d Demand Eid. Pi ▪ (3731 Ealt 3399 720•MedlcdllardalOffice Building 200-IwharalOffice Bulking Erle 180 remand Ent !7 FBelancea h (41 Demand Entry ETi1i 121 Entry 114 Entry 131 Demand Entry 12 116 (4) Balanced Demand Est pi...* (2) Elk lid 720-Medica4Osntl 011ice Building 520.Snapping Center III Trebilcock Consulting Solutions,PA Page 125 Tree Farm MPUD Amendment—TIA—July 2015 Ed 180 Demand Evil. 22 (40) Balanced TAmard Envy (136) Entry 3396 4110 Epees, 181 Demand Enid• 1K Balanced. (27) Z7 Demand Est 13,-6 (102) Extr 3395 ' d� ands is Save Analysis �PeitPriem.j 120•Shopping Canter Ed 114 Demand Ere '22 f% (25) --/ila2"�ed Demand Entry Ii`.% (136) Entry 3396 Entry 111 Demand Entry. 1151% (17) Balanced pamard Fru .,1—f4 (10Y) Ed 3395 230•Residential Cendominiu,VrewnMrss ! _ Mon.Tdps 710- 820• Teti Trips 7m-Metfed-0seat Nice 8W. G slroppbrf That 1 Elfwrw Tripe Bafldirs Collar I Entry 790(100%) a(1%) 2(0%) 281(33%) 767(31%) 523(66%) Ed _790(100%) 0(�) 0(0%) 300(38%) 300(38%) 1- 490(62%) Tad 1580(100%)_. .... (0%4_ .._ 2(0%) 561(36%) 667(36%) I 1013(64%) 720•klettied•Oanal Offles fulgwg • latwrd Trips foal Tripe General f2B' 1 Dewed Trips on•Residential CenriminimJfs.. Oflcs Stropping Is Building Center Entry 181(100%) 0(0%) ' 2(1%) 27(15%) 29(16%) I 152(84%) Ed 180(100%) 1(2%) 2(1%) 40(22%) 46(26%) i 134(74%) - —Ti T 361(100%) 4(1%) 1(1%) j 87(19%) 75(21%) 1 286(79%) �II 710.0sesrs1 Oflfa IMldfni a leaned Tiles i Torsi Trips 230.RsaWeatd TM• CO- Eieemd Moe CandotaidsmRewis u Medici- Shipping Teed 1 Drill 081. Cows Entry 111(100%) 0(�)_._�__.__1(2%) 17(15%) 19(17%) J 95(83%) ' Ed 114(100%) 2(2%) 2(2%) 25(22%) 29(25%) 85(75%) --1 Total 228(100%) 2(1%) 4(2%) 12(18%)—__18(21%) --180(19%) 11111 , . . 810•floppies Canter brewed Tdps i Torsi Trips 230-RaWatld 72f• '710-Gesersl Etewnd Trips I Caedwairbmlfsrnlouse 0eele1081.. &Mies Total Entry 3396(100%) 300(9%) 40(1%) 25(1%) 365(11%) 1 3031(89%) ( Ed 3395(100%) 261(8%) 27(1%) 17(1%) 305(9%) 3090(91%) _i Total 6791000%) 1, 581(8%) 67(1%) 12(1%) 670(10%) 1 6121 (9016) i External Tripe Speck Me pereslape of Paa►be Trps for earn Land Use.The paccroNgs aid roe near sd from tae told remora of Extame Tops from the prima section To record any mea,click• Add WWW above The v son plaiting the Peseby%vita redcaps data provided by ITE Clekng ave son changes a custom Pass-by%value to data provided by ITE Land Use Edema Trips Pauly% Pass by Tips Mus pwsiy rips 230•Residenial Condomnum'Tormntwee 1013 .. rEJ% 0 1013 720•Medical-Dental OJKe Budding 286 i0 i% 0 286 710-General Office Bolding 180 0_,3% 0 180 820•Shopping Centro 6121 01.1% 918 5203 • Trebilcock Consulting Solutions,PA Page l26 Tree Form MPUD Amendment—TIA—July 2015 • Period Setting ✓ Data prosided by IT7 5[ws::ry Ii..rortegtere va,eK•ie 'ow:e..vd and Cr1",pat M1.1M,,1 to Pb u0e7 sn tt,e ca2iA u"+:r Ir a nul,t**:t 1nC=vcre. L. a'r..-='�n.4 e�10 .r t any Trot.% ir:4 Ad1 ri':te I at, :t, t TN.I.ado McW,J:,-><c+,ar.JE .uv 7.IS •,-at7L,s 14am.. PM PI(Mr Land Use Independent Venable Sire Time Period Method Entry Exit Tots •_.xntrrnr onh,T•rwr,h,.+uiw Gnerimg Li+vh 'moi 'heNxYa-Nese - titin i t Q,.r. v l i, Mf4 r,Cwnte IOWSO Feel,holt r -Weid,odr.Peak MVu . ' i t -n.,rPutar;r 77('•Gs>F ar t,rd:e 1 So Feet,Toss iv t ,wekdey.P M Peae j ewt,msz IS 75 .• . t t•hco74^7 IOW So 0.•>, vi V., Weekday POO Maw tad Bell Fite _ i s LOT t.C7, 70$ bit 599 Traffk Reductions 444.4raten:edogeGy.r.r_e.Diu Entry Top and Ere Trip oil a vertu,id es**Zai LM.]Use'ha natiudinnn epuhf.n to lie Ent ; aid E.t Top earn the pna+'r,i Y,cbo..Tri record any rite,.their. ' Add tiaton W n: Land Use Entry Reduction Adjusted Entry Elea Reduction Adjusted Exit 3)-fiegderew Co.COI-rdLoonvdelorente7,se _.O tit yt '1c +. M!&n onto:i)1aM btabsg 0 Os IE, 14..1t9h. • 71C :amort,Uft:�Bolder, O :9L it tr0 ,N:F*K.na r,tenter3 !u= 4a Internal Trips ``5 o ,l-It.r•e"-..te.of 0174 eat acus L.P....,tris Lotti US. e Eh.US and leis Lent Use On ate nod t to table 047 «Rnpiaoo V-.• tote isontve of inr s that nave Geon reds-4.7 eon n panrcty ar Land Use The iota rcoi*o.ni blood TMs Ire earl,L old I Ila ens Le J•4., *H tram the eawsti l Entry 2r1py eon Exn Trp.horn IPspr Inp sF.L(ir,Ta record a.oy notes Owe!Tao r on i+twe F: rev pmmrn tird yaly s see the sit Oo nr,.,.v a r; .tpe•:•y, 230-Residential CondoidniumlTownhouse 720-Medical-Dental Office Betiding Exa _ East,en Umaf auEnEy {0 ria int Entry Entry 74 teseandEnt,r t2 004 r 6aran-v,7 C,emm'NE,t ,2 Ih r E.,t 23e-Mel/SR01M Cenl.n e_inVTewniteuse 710•General Grine Building Etat ib [>eruant E411 !0 Pt r0, Ealeg. ; Gaman7 En'u, `>r er.r Entry Baran^.rt ,2 11 Ext Eedry 8d C•ema^�d ni En '2... M. C^•m,Yxt E<d 230•Residential Condom rdtariTownhouse 070-Shopping Center [alcor at Exit . i ,..� od CxameMEnhy ,. , Envy - feaian^ect Entry Cr.,,. :,Er;, +r ... C•emrx,oE.d .72 b. Edit • 2v 720•Medical-Dental Orrice Building 710.General Ofliics Building Eddra:1•7 Exit _ ,- _ ia� C,enidn7 ErKr„ Entry Entry ,U L n Oni tndr. ft {.. EYar-•::..;, +monnd Ere 1 'M., t i lExli 411 Trebilcock Consulting Solutions,PA Page 127 Tree Farm MPUD Amendment—TIA—July 2015 728-MMIOal-0 MM 0810.Bulldog 229•SluppIu Canter j 4 • Exit 2T remand E.4 23_-$i !6) �a6 d [amend Entry t' a1e (6) Entry 266 licitly 10 Demand Entry 131141 ))31Belenatl. oDemandEt 'b })11, 191 Exit I 1 (f'Add Fne1K5 (7TiCosiv P•ratesis ) (l!y 1 Save Analysis ) (LtaFIMw FreWPr. P16.Goners/Con Graliding 020-propping COMM Exit 75 Demand Ext Li% 1171 %enE d Demand Entry 12_ �19 (61 Entry 288 Entry 15 Demand Entry 31..}ib (51 8abnoed mnd C+ aEte [ % (9) Exit 317 278•RoaldantlM Contioninlurnlioniiimair I I tMMI Tito I TUMTAM 1 710-13enereli 1120. Eatarn/TriM 777-MNlaaballW Mike Sully g Mee ; Slapping Total O nline i Colter Entry 1 9e)100%1 I 1t%) 2(2%) I 29131%) 32(34%) 62!86%) Exit I 46(100%1 010111 010%) 1 v_4152%) 24152%) 22148%) TOM i140(100%) 1(1%1 211%) 531385 53940%) 84 160%) 778•Mumc -Orin Moo 7 uIdug ----------..___-___-.- Intern/Dips__ -. _-.`___..___ Tat/TAM 710-Oaeer-- 920- Exton.Mpg 770-Rad sMI/C.Manuxu ftew.. Office llappwlE Total E u7drg Center Entry 10(100%) 1 0(0%1 9110%1 3(30%) 4H0%) 6(80%1 till .____.__ Exit ' 27(103%) 114%) 0(0%1 6(:2%) i 7 126%) 20174%) Tett 1 37(100%) 1(3%x1 113%19(24%) 11(30%) 26(70%) 118.Genal dime.MIMYg Motif Tripe - _ Teed TVs -----_WO-16.et/n111/"_, Meilen--.{ _...Shopping T External Tripe MM Candsu Ii1ia1rewnMlwa Dared OM.. Canter Entry 151100%) 0(0%) 010%1 5(33%) 5(33%) 11 10(67%) • 1 Exit 75(100%) 2(3%) 111%) 618%) I 9(12%) 1 66(68%) Tag/ ! 90(100%) 2(2%) 1(1%) 11112%) 4(UM) I 76(84%) S20-Slopping Coder -- Internal Ups _ Tet/TAM 770-Realdenl/ 770- '710_General Externs!Tripe t erldoatYiunlTeelnllstae Medical- 01114* Total D - —.—.-- ental dile. Eldlbg _ Entry I 288-(100%) 24(8%) 612%) 6(2%) 38(13%) 252(87%) Exit 311(100%) 2919%) 3(1%) 512%) 37(12%) 274(88%) Teta 599(100%) - 5319%) __. _ 912%1 J11(2%) r. 73(12%) ..,. 526(88%) Edema Trips i Specify Me percerea9e of Pess4iy T nps to aeon iond U k The perl.eree9e Yell be reduced from the total nmbet Of External Taps from the previous seam To r4:ord any notes.Old • Add Notes above The 110 wen preceding ale Pas'-0y%value ediodes dale provided by 1TE Cbdmg the icon Changes a Custom Pess-byte intik*to dela prodded by ITE Land Use ErdemdTApm Pas.—by Papaw hips lion- ~-by Trlire 230-rtesierdrol Condormnu To...ouse 84 10 1% 0 94 720-Medicat.Ganial 9Moe Suldng 76 (I -I% n 26 I 710-General Qaite Bulldog 78 15—_P4 0 76 620-Slx4711rt9 Canter 526 Q Ln rib 132 394* • Trebilcock Consulting Solutions,PA Page 128 Tree Farm MPUD Amendment—TIA—July 2015 III Protect Nage Tree Fenn•eesloetle Egwalency Nte Dal: 7171/2075 Cly: Ra0afrentor 21pr►eeal Cede Ceunbr alert Nam M IMI%Nates Silber: ITE.7GM 901E0e011 Mae _ Daily — AMR* Peal laLane Wm ---4 Irby 11111 2$-alnpe-Famei Delated Naming 138 01 706 706 27 79 08 52 r Dedxaon 0 0 0 0 0 0 internal 0 0 0 0 0 0 Pass-by 0 0 0 0 0 0 khnpassty 706 706 27 79 Be 52 2$-Rtlldarlr Oenda ausetear disuse 28!01 790 790 211 96 94 46 Reduction 0 0 0 0 0 0 ', Internal 0 0 0 0 0 0 Pals-by 0 0 0 0 D 0 • pass-by y 190 790 20 99 94 46 + 4 I Per(ad Setting se Data provided by RE •Speedy the independent Vlmetlk,Tarr Perod.and Calculation Method to be used in the cakulabon of the number of Tsps generated in the analysts To record any notes.click • Add Notes above • Project Name Tree Fane-Fdeadenbai Equivalency Analyst Name [Daily --- .,--.—.1 • • Land Us. IndepmldataYartsMl She TNaeP4rted Malted Eellry DR teem Q 71D-SmgN•Farnay Dhell Urals I� 13e rrNkekdy v E!aFa(LOGI v Detached Housing ._ Lam...__...._-._� [_.,,.__ UI(T)=0.92Ln(X)+2 72 708 708 1412 co 230.Residential 1 Nailing Us..... Cada7nRovetlouse nr .Ld 781 1Nkaktlay —_- .8 !Bre¢Ft(L-08-3.3 Y Ln(T)=D 97Ln(X)•2 48 790 790 1500 Period Setting J Dots provided by ITE trSpecify the Independent Venable.Tmme Period.and Calculation Method to be used in the calculation of the nunter of Trips generated n to anatyres To record any notes.dick• Add Notes above Protect Name Tnse Farm-Residential Egureakncy • Analyst Name if"Pis Fie__—w._.._._..__._.. LandUw MNpmldamyaMaW She Thee ed tla tsMd Entry ask Total • i Q DBUdScedrigi0J5 Eclresilinp Unes __Ed 138 [weekday.Pealelaic v Brest Ft(U)o)1 W LNT)=09Ln(X)+0 51 6e 52 140 1 Q 280-Reselenea — 1 Condomnum+Twnnouse (°_""�`p(Jots v 281 Weekday,Peek Hour Et Seal Ft(L0120 W R Ln(T)s 0.92Lr4X)4.032 84 46 140 • • Trebilcock Consulting Solutions,PA Page 129 Y S i t ¢ : . ... ,,. • • ''' ..:1 --' .. - ,44,:‘,..ig* , : T...-:,'- - ' I argot A L Y { r� �y. } ♦e..,ytcy� y� i' � i . SCALE:1'-IM' +w"t fir ; . , R i )le"� 17 F 1 4-...".1:',-1-,. Y ,1' *, 1 •tAiF� r ...° I (� r.� •f.fl F�y ,,,,A,-; .t.-.. � • pV-�7`., ;'. r• t.-F a :i. ,1,a-., op' xI r - `-„4..---.ma. -,7d e 7 ,P'• • LEGEND y:L�„ .. ■■{j ��`y `F/''// II IS Ac'OTHER SURFACE WATERS* ^ .• 8 NATIVE VEGETATION el 70 21 AC II Z I All PLtRYCi Y Of ♦"4 • N i11�NURSERY 06ic ,nON *GREAQii TOTS 9• a 4118[• FINE IMTWOOO2 DI11tW fl(76100%ES071G6) O18AT: DAY k * 514 1Li1R1Al TD4 1.15 AGz 2.4% 747 iUN 401AG2 EE% ". TOTAL PAP AO.A 1000% • • , ' Aye -k..-;,,,,..‘. z a•- T"� j �'� .,,,,:‘•- ..i ,( - al. k .tom " aR ` .i • - *I'' ,i NOTES 4 S �"1t%_ 4 _ - • • �,F AERIAL PHOTOGRAPIRi WERE ACQUIRED TNROIGN TOE • CDLLIER CDUNh PROPERTY APPRAISEiI'S OFFICE WITH ' A•• Y � 12 A FLIGHT DATE OF 88281WER NWS #i MrR x .a w T _ , •10' . . V PROPERTY BOL4DARr PER STANTEC CONTARTiN:5x I , ORAWRIG M0 2KAWISI-0IC4HOARi.ARC DWG DATED „ -` +, • I 4= SEPTEMBER 26.2W4. ..•.. N-.' t _. CLUCKS LRR:S t511NAICE PNOR I-•too•anllel Apsiiii P oTOGRAPNi ANO LOCATIONS N0000IH&ii0- TE I tF ,y4 +. `.�'� • . _. FLUCFCS PER FLOROA LAND VSE.CDVER AND F]RNS I • '� "j CLASSIFICATION SYETEN(FLUCFCSS(FOOT WO% Ara':-=""" S ':,„}.3 cvu+Rc "• . '; IALANpIWETI ND LRIITS WERE APPROVED BY THE . SONIC .AL ON UVNE I OHIO AND TIE COE ON LY I?toll -IMMOIIALEE._ D(SR-846)- a F Oil i B '--6. ( Y• t 1.ii ..4 4 P a { 5 "-El hill {(, TREE FARM PGD 04AMI10s1 a� 47.24'/.' I �1,, ,7k 1 7791: �PAS`3ARELLA AERIALmutFL1CFCSMAP rI 1-w7 74f%AT Et ASSOCIATES* AND NATIVE VEGETATION • TREE FARM PUD COLLIER COUNTY ENVIRONMENTAL DATA REPORT October 2014 Prepared For: • Landquest Group,LLC 5150 Tamiami Trail North, Suite 401 Newgate Tower Naples, Florida 34103 (239) 300-2240 Prepared By: Passarella&Associates,Ina 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 • Project No.04AMF1030 TABLE OF CONTENTS • Eng Introduction 1 Environmental Data Authors 1 Vegetation Descriptions 2 Listed Species Survey 3 Native Vegetation Preservation 3 References 5 • SII i • • LIST OF TABLES Page Table 1. Native and Non-Native Habitat Types and Acreages 4 i • I • ii LIST OF EXHIBITS • Page Exhibit 1. Project Location Map E1-1 Exhibit 2. Environmental Data Submittal Preparers' Resume E2-1 Exhibit 3. Aerial with FLUCFCS Map E3-1 Exhibit 4. Listed Species Survey E4-1 Exhibit 5. Native Vegetation Map E5-1 Exhibit 6. Collier County Compliance Agreement E6-1 • 111 • • INTRODUCTION The following environmental data (ED) report is provided in support of the Planned Unit Development (PUD) rezone application for the Tree Farm PUD property (Project). The following information is being provided in accordance with the Collier County ED submittal requirements outlined in Chapter 3.08.00(A) of the Collier County Land Development Code (LDC). The 50.59±acre Project area is located in Section 22,Township 48 South,Range 26 East,Collier County(Exhibit 1). More specifically, it is located near the northwest corner of the intersection of Immokalee Road(County Road (CR) 846) and Broken Back Road. Broken Back Road is the extension of Collier Boulevard (CR 951) on the north side of Immokalee Road, both of which are located approximately 3.1 miles east of Interstate 75. The Project is surrounded by a combination of forested land, residential development, and roads. It is bound to the west by undeveloped, forested land owned by the Di Lillo Trust and the Happy #4 Family Corporation; to the northwest by single-family residences; to the north by the Esplanade Golf and Country Club of Naples; to the east, across Broken Back Road, by The Quarry and Heritage Bay residential subdivisions; and to the south, across Immokalee Road, by Pebblebrook Plaza. Portions of the Project area have been in agricultural use since the early 1970s. In the late 1990s, the land use was converted from row crops to a tree nursery which has since been abandoned. In • 2008,Collier County purchased approximately 7.50 acres of the site, which included the frontage along Immokalee Road and portions of Broken Back Road, for future intersection improvements to Immokalee Road and Collier Boulevard. The following ED includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) in April 2014, and the Project's native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This ED report was prepared by Michael Myers and Bethany Brosious. They both satisfy the environmental credential and experience requirements for preparing the ED, per Section 3.08.00(A)2 of the Collier County LDC. Their respective resumes are attached as Exhibit 2. Mr. Myers is a Senior Ecologist with PAI and has over 22 years of experience in the environmental consulting industry. He holds a Bachelors of Science degree from Michigan State University in Wildlife Biology and Management. Ms. Brosious is an Ecologist with PAI and has eight years of consulting experience in the environmental industry. She holds a Bachelors of Science in Animal Sciences from the University of Florida and a Master of Science in Environmental Sciences from Florida Gulf • Coast University. 1 VEGETATION DESCRIPTIONS • Vegetation mapping for the subject property was originally conducted using 2003 rectified Collier County Property Appraiser's color aerials (Scale: 1" = 200') and groundtruthing was conducted in 2004. Updated vegetation mapping for the Project was conducted in June 2012 using January 2012 aerial photographs(Scale: 1" =200'). The vegetation associations and land uses were mapped utilizing Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and W(Florida Department of Transportation 1999). Level IV was used to denote hydrological conditions and disturbance. To quantify the degree of invasion by exotics such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis), torpedograss (Panicum repens), and paragrass (Urochloa mutica), exotic or "E" codes were utilized. The codes represent the following exotic coverage levels: El = 0-24 percent exotics; E2 = 25-49 percent exotics; E3 = 50-75 percent exotics; and E4=76-100 percent exotics. AutoCAD Map 3D 2013 software was used to determine the acreage of each mapping area, produce summaries, and generate the final FLUCFCS map. The updated FLUCFCS map for the Project is included as Exhibit 3. A total of four vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant habitat type on the property is Tree Nursery(FLUCFCS Code 241) accounting for 91.6 percent of the property (46.34k acres). Exotic vegetation documented on- site includes, but is not limited to, Brazilian pepper, melaleuca, earleaf acacia, cogongrass (Imperata cylindrica), and paragrass. The Project site has been subjected to significant amounts • of disturbance due to previous agricultural practices. Per South Florida Water Management District (SFWMD) Formal Jurisdictional Determination No. 11-00025-F and U.S. Arany Corps of Engineers"No Permit Required"No. SAJ-2012-01477, the Project site does not contain any wetlands. The resulting acreage and a description for each FLUCFCS classification are outlined below. Tree Nursery(FLUCFCS Code 241) This agricultural land use consists of a tree farm. The canopy and sub-canopy contain planted queen palms (Syagrus romanzoffiana) and phoenix palms (Phoenix reclinata) and also contain scattered live oak (Quercus virginiana), bottlebrush trees (Callistemon rigidus), Brazilian pepper, and melaleuca. The ground cover contains scattered broomsedge (Andropogon virginicus), bahiagrass (Paspalum notatum), smutgrass (Sporobolis indicus), paragrass, and cogongrass. Pine Flatwoods, Disturbed(76-100%Exotics)(FLUCFCS Code 4119 E4) This potential upland community has a canopy that consists of slash pine (Pinus elliottii), melaleuca, earleaf acacia, and java plum (Syzygium cumini). The sub-canopy consists of Brazilian pepper, saw palmetto (Serenoa repens), winged sumac (Rhus copallinum), myrsine (Rapanea punctata), and dahoon holly (Illex cassine). The ground cover is dominated by saw palmetto and also contains caesarweed(Urena lobata), muscadine grapevine(Vitis rotundifolia), hairy beggar-ticks(Bidens alba), and poison ivy(Toxicodendron radicans). 2 • • Agricultural Ditch(FLUCFCS Code 514) This land use consists of agricultural ditches. The canopy is open and sub-canopy contains scattered Carolina willow(Salix carolinana).The ground cover consists of scattered paragrass. Berm(FLUCFCS Code 747) This land use consists of a spoil berm, typically associated with an excavated Ditch (FLUCFCS Code 514). This classification contains scattered melaleuca,java plum, phoenix palm, Brazilian pepper, earleaf acacia, cabbage palm(Sabal palmetto),slash pine, and cocoplum(Chrysobalanus icaco) in the canopy and sub-canopy.The ground cover is mostly open,but contains caesarweed, muscadine grapevine,and greenbrier(Smilax sp.). LISTED SPECIES SURVEY Listed plant and wildlife surveys were conducted on the Project on February 18, 2004;January 6, 2012; and most recently on April 25, 2014. The April 2014 survey also included a review of the site for potential cavity trees. No listed species and no cavity trees were documented on-site during any of the listed species surveys. A description of the survey methodology, as well as the results of the most recent survey, is included as Exhibit 4. NATIVE VEGETATION PRESERVATION • The 50.59± acre Project site contains 50.31± acre of non-native vegetation communities. After the non-native vegetation is deducted from the overall Project acreage, 0.28±acre is classified as native vegetation (Exhibit 4). Section 3.05.07(B)1 of the Collier County LDC requires the retention and preservation of 25 percent of the on-site native vegetation for a residential development in the non-coastal high hazard area(Exhibit 5). In June 2005, a compliance agreement was entered between Collier County and the Tree Farm Land Trust as a result of a vegetation removal violation on-site (Exhibit 6). According to the compliance agreement, 1.13± acres of native vegetation were removed near the eastern property boundary. As part of the agreement, a November 2004 memorandum from Elena Mandia(PAD details the extent of native vegetation on-site prior to the unauthorized clearing, and provides an analysis of the native vegetation preservation requirement. Per the memorandum, prior to clearing, the site contained 2.02± acres of native vegetation. If 25 percent of the native vegetation were required for preservation, a 0.51± acre area would need to be retained. The Project includes 0.52± acre of on-site preserve areas, which satisfies the preservation acreage required by the Collier County compliance agreement. Table 1 provides a summary of the native and non-native vegetation communities on-site and the native vegetation preservation acreage requirement. • 3 Table 1. Native and Non-Native Habitat Types and Acreages • FLUCFCS Native Non-Native Code Description Vegetation Vegetation Acreage Acreage 241 Tree Nursery - 46.34 4119 E4 Pine Flatwoods,Disturbed(76-100%Exotics) 0.28 514 Ditch - 1.15 747 Berm - 2.82 Total 0.28 50.31 Minimum Retained Native Vegetation Requirement 0.51 (Per June 16,2005 Compliance Agreement) Please see the Master Concept Plan for the location of the on-site preservation areas. Enhancement activities within the preserve areas will include the removal of exotic vegetation and supplemental planting. Additionally, the preserve areas will be protected in perpetuity via a recorded conservation easement. As indicated by Exhibits 5 and 6,the Project currently contains very little native vegetation. Following the enhancement activities,the preserve area quality will be greatly improved. • I ' i I 410 4 • REFERENCES Florida Department of Transportation. 1999. Florida Land Use,Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 11111 • 5 • EXHIBIT 1 PROJECT LOCATION MAP • • 0 • `��'w f X ~ ! LEE BLVD p _, 11-1:7_ 10R/ lipl1111,3,1WmtiR11111 W rD__ $ to AL'ORD LEE e v �`� 4 ., ' li Mu y' CORKSCREW RD l' ACp L 'VW li - ta�' �'. OIL WELL RD ` I litRLI�:2 e Guff `' i a • ( m ...At. •p, 0AL4 Mexico = : — 75 — , ..W ,. w- —E f Qiii. 4 \ W 1 atu pLY1YdT t i Ya • ` 3_ huAg( :-,.. �. 4 �, IL. ! [!� R' EXITS Z F-.. "-I ,.+r,, i-•.it, ,,,,._t �.:: _.:®r. p G tie 116 m 'k M O �I I±��. \ I #�a:LS •4., ,`t ty, rtiI „All 0-41 2.- I=' vill && � F } '.,„,1,- lrq� �` Fr t T "r 'v+k ----`- S�@ rtg �� ".441sU 1l .-A. ,.t11 RA 1*.''1*.''''vt d qa 1 rr+ .rL t ,: It t It.til PA -4`.., IS 74,4d ,;,,p,a, c., , 4 5 A i1Y,..0,:,,:: '»,' ',` f�nF fNTOA'0-:".• .FxET 'vt '" ' ,� �r I ". r .'-•_ °, - I.:.- Ldp a f, t rjr, ar viii-. �3 �G. - F'P]R13-lUS "' "�hA C,E �l GD . 1 nur .+ ,� h o•� PRO ECT LOCATION �,c Awilicyli�„ = '� - ttr't ,'.• ` x SEC 2z,TwP 4s s.IWG 26 E g '`�` t.« • S`1' 7'„ 4 M .1 r. fit 1-'x.,4- gg^ r 13VTTIMCML)R JY,1't °� .ISL r L �Y�s� ��'•i .C�. m1- r- y 1�'i mi Z1 .- ➢ fir! nT 4 V if x 11 AJC MN 111Nn F h(; ,, .. . . „ c g S_ • it:,wagt; r.l;,t�> _ ,_,ter. E L, H n 1 a Vult -J. -- I O VA N0E RBI- . A�'H hL 4-110,y — _.r + -�'� 4A a nz �L r. a .. "A4 illu1" ,.r.R J.V.-"E > 44 11 1 r i 6 :4. �• -_F a. O */*!C' x 1 gal r1 Vv 1?'irt • s_,� } 3 LI, -"7'.._ - f*- ." 1 • :::0:1} � x iti j t� Y`':EXIT a.:'� __ _ af�' �' e 1 � /. +.F. .�. -r-r-=�._�'°is¢ `� `-' fi 1 >a i ii{{, 1 " „�, IJ . Prt.[ :it,,, ,. 'fir„ Hil RI,[ �t. ".1:_, 0Mc „ .{r. ' ,.�.?....4 p,� ..�...- +_ + ,...1,,,t_.... -,++�-sem. - — MANN BY DATF F.L. 5/9/14 EXHIBIT 1. PROJECT LOCATION MAP RW,fNY,IpY DAR 5/9/14 TREE FARM PC'U kr, 5/9/14 '^1°b°&ASSOCIATES • EXHIBIT 2 ENVIRONMENTAL DATA SUBMITTAL PREPARERS' RESUME • • MICHAEL A.MYERS • Senior Vice President,Passarella&Associates,Inc.,November 1996 to Present Environmental consultant and ecological services for private and public development, and road projects. Services include state, federal, and local permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design,construction observations and monitoring. Education B.S.Wildlife Biology&Management,1980 Michigan State University,East Lansing,Michigan Experience Ecologist III, Environmental Field Supervisor, Johnson Engineering, Inc., Fort Myers, FL,September 1992-November 1996. Member of the firm's environmental section. Supervisor for ecological field studies, environmental planning, and regulatory agency coordination. Performed wetland jurisdictional determinations, protected species surveys, regulatory permitting, and wetland mitigation design and monitoring. Continuing Education • Hydric Soils and Fall Grass Identification Workshop(2013) • Audubon's Shorebird and Seabird Identification Class(2012) • ULI Southwest Florida"Mitigation Matters"(2011) • Fort Myers Lower West Coast Partnering(2010) • Proposed Changes to Florida's Water Quality Regulations and Economic Impacts on Southwest Florida (2010) • Lower West Coast Partnering-SFWMD(2009,2010) • Endangered Species&Renewable Energy Development(2009) • • Exotic Species Workshop(2009)• Future of Master Planned Communities in Southwest Florida(2009) • The Road to Recovery,Infrastructure Leads the Way(2009) • COE Regulatory Road Show(2008) • Panther Mitigation Workshop(2007) • Florida Uniform Mitigation Assessment Method(UMAM), South Florida Water Management District (2005) • Scrub PIant Seminar with Dr.George Wilder(2004) • Oak Trees of Lee and Collier Counties with Dr.George Wilder(2004) • FGCU Plant Identification Course(2003) • Master Wildlifer Program(2003) • Gopher Tortoise Management and Mitigation Professional Training Program(2001) • Victor Carlisle,Hydric Soils Seminar(2000) • Ted Below,Shorebird Seminar(1998) • Dr.David Hall,Grasses,Sedges and Rushes Plant Identification Workshop(1996) • Dr.David Hall,Sedges and Rushes Plant Identification Workshop(1995) • Dr.David Hall,Plant Identification Workshop(1993) • Native Plant Society Annual Conference(1993) • Florida Department of Environmental Protection Wetland Delineation Workshop(1993) • Dr.Victor Carlisle Hydric Soils Workshop(1993) • Florida Chamber's Environmental Permitting Short Course(1993) Professional Associations Florida Association of Environmental Professionals President of Southwest Florida Chapter(1996-1998) State Board of Directors(1996 to 1998) Local Board of Directors(1994 to 1998) Florida Native Plant Society Society of Wetland Scientists Certifications 110 Certified Wetland Delineator by the U.S.Army Corps of Engineers Certified to Perform Generic Gopher Tortoise Relocations by the Florida Fish and Wildlife Conservation Commission BETHANY BACHELOR BROSIOUS • Ecologist,Passarella&Associates,Inc.,July 2006 to Present Provides ecological services for private and public development and road projects. Services include state, federal, and local wetland jurisdictional determinations; environmental construction inspections; environmental impact assessments; ecological assessments; listed species surveys;and wetland monitoring. Education M.A.Environmental Science,2011 Florida Gulf Coast University,Fort Myers,Florida B.A.Animal Science,2003 University of Florida,Gainesville,Florida Experience Intern, South Florida Water Management District(SFWMD), Fort Myers, Florida, October 2003-July 2006. Data Management for Picayune Strand restoration projects. Process and analyze surface and groundwater data. Graduate Research Assistant, Florida Gulf Coast University Coastal Watershed Inst., Fort Myers,Florida,November 2004—July 2006. Conducted zooplankton-monitoring project for FGCU. Supervise and train project interns. • Continuing Education • Richard Chinn's COE Wetland Delineation,Tampa,Florida,September 2006. • ULI 10th Annual Winter Institute,Naples,Florida,March 2007. • SWFAEP Wetland Delineation Workshop,Fort Myers,Florida,April 2007. • Environmental Permitting Short Course,Marco Island,Florida,July 2007. • Environmental Permitting 101 -SFWMD,August 2007. • Mark Benedict Symposium,Naples,Florida,December 2007. • SFWMD E Permitting Training,Fort Myers,Florida,June 2008. • ULI The Politics of Density: Vision vs.Reality,Fort Myers,Florida,October 2008. • FWC Opportunities Imperiled Species,Naples,Florida,May 2010. • Environmental LCD Amendments Workshop,Naples,Florida,October 2010. • SFAEP/FAEP Annual Conference,Miami,Florida,November 2010. • 215t Annual SW Florida Water Resource Conference,Naples,Florida,November 2011. • Exotic Species Workshop,FGCU,Fort Myers,Florida,December 2011. Professional Associations Florida Association of Environmental Professionals Society of Wetland Scientists • • EXHIBIT 3 AERIAL WITH FLUCFCS MAP I • I - I • r,.lit ait,. S 0 t , _ •. 4 , . ., t.. • ••'_'---_—, - ', ,±:,.,,Ii • . L . 1 ip �. : SCALE I'-W W? v l f I.* 7-6' A } • 1 ', �it S�!%4r a+,` j 411 Ai' fims -1 � . .1;i' 3 1:.. ..,l.W1 v s "Ill ,:. i LEGEND t' �� - . _ "F '� SFWMG'OTHER SURFACE WATERY F IR'r 111 �„k w'''"! /. II 10 FL.>' g 4 GO tL _y. e3 - + R1JgCi •OF ,,. ,I 2 ` I COM DNC IOTEON ACI�IOR TOTAL 20 TREE NURSERY 46.34 ARC WIWI. • 4 ' 411024 ONEFLATWCICIOS.DW11ROED(P&100•ESO100Z 0.31 Ms 00% r _ T 514 ADRGXTIIRAL OTCH 1.10 A0 2.M 71..:k...• MAIL. 0.L-'+,.•q,1 T' - 4114':•;'1,4: .2 TOTAL Oa M. MIR ' ' -' 74 - --, 0 e� R 3-,k to, . • 'I T r 1 A '* 1. L 1, 1 y , ♦9S i I- i - 00775 1$, ...0 .L �. 1 AERIAL PHOTOGRAPHS TIERS ACQUIRED 1000412.1 THE 1 T ` . t , ✓�'' CO,LER COUNTY PROPERTY APPRAISER'S OFFICE WITH `4;4 '•i, a_ '_ I . A FLISOT DATE OF DECEMBER 2017. E j 4 PROPERTY BOUNDARY PER STMAEC COW .TMS INC ; 4 'i A -! DRAWING He 2164121214K-D1104444464 OWE OVID . I` • A 4 ( % :• ♦, r ! SEPTEMBER V.COLL FLUCFCS LIES ESTIMATED FROM r.200'AERUL PIDTOBRAPHS AND LOCATIONS ANROAMYTED �" Y'•' ,a#.K a e " - € - FUICFCS PER FLORIDA LAD USE CUTER NO FORMS : -"�-.4,•-•-•" - - CLASSIFICATION SYSTEM RIUCFCS!ROOT OWN e A " - " LPLADMETLMO LIPRTS 1SERE A7R0YE0 Rr PE _.. _ /1 SFWMD ON.RINE I.20024221 TIC COE ON.RAY Ii.2011 i • -IMMOKALEE ho(SR-OLE)- .17," _ - $ ,.��P • - o 114241 1.10/01.10/0,4=1L-Luu,..-As,",, >ti.rn n w,P.xn TREE FARM PUD 04A1,4 IOb Ba." 9r_n4 I-00Mt+,+,Shap{,1101- _ PASSARELLA ,-. ern. ^`^ PIooi 10l :74010'7 -`"& ASSOCIATES'z AERIAL WITH FLAICFi:SMAr F.L. 10/'.1/14 I..Nu CI%2740000 F. 1111111 • EXHIBIT 4 LISTED SPECIES SURVEY • • TREE FARM PUD 411 LISTED SPECIES SURVEY Revised October 2014 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) on April 25, 2014 for the 50.59± acre Tree Farm Planned Unit Development (PUD) (Project). The purpose of the survey was to review the Project area for plant and wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC), the Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, species of special concern, or commercially exploited. The survey is also intended to be consistent with the environmental data submittal and protected plant requirements as outlined in Sections 3.08.00(A)b.i and 3.04.03, respectively,of the Collier County Land Development Code. The project proposes commercial and residential mixed use and is located in Section 22, Township 48 South, Range 26 East, Collier County (Figure 1). More specifically, it is located near the northwest corner of the intersection of Immokalee Road (County Road (CR) 846) and Broken Back Road. Broken Back Road is the extension of Collier Boulevard (CR 951) on the north side of Immokalee Road; both of which are located approximately 3.1 miles east of Interstate 75. • The Project is surrounded by a combination of forested land, residential development, and roads. It is bound to the west by undeveloped, forested land owned by the Di Lillo Trust and the Happy #4 Family Corporation; to the northwest by single-family residences; to the north by the Esplanade Golf and Country Club of Naples; to the east, across Broken Back Road, by The Quarry and Heritage Bay residential subdivisions; and to the south, across Immokalee Road, by Pebblebrook Plaza. Portions of the Project area have been in agricultural use since the early 1970s. In the late 1990s, the land use was converted from row crops to a tree nursery which has since been abandoned. In 2008,Collier County purchased approximately 7.50 acres of the site,which included the frontage along Immokalee Road and portions of Broken Back Road, for future intersection improvements to Immokalee Road and Collier Boulevard. Approximately 1.15 acres of agricultural ditches also occur on-site. PAI previously conducted listed species surveys on the subject property on February 18, 2004 and January 6, 2012. The results of both surveys found no listed species within the Project boundary. The following outlines the methodology and results of the listed species survey conducted April 25,2014. E4-1 • • METHODOLOGY AND DISCUSSION The listed plant and wildlife species survey included an on-site review conducted on April 25, 2014 and a subsequent literature search for local, state, and federal listed species. The results of the on-site review found no listed species or their signs (i.e., tracks, burrows, scat, calls, etc.). This survey result is consistent with those conducted in 2012 and 2004.The literature search also found no documented occurrences for listed species on the property; however, the Project is located within designated habitat areas for two listed species. Further details regarding these species, literature search results,and survey methodology are as follows: The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed included the FWCC Florida's Endangered Species, Threatened Species, and Species of Special Concern(2013); Florida Atlas of Breeding Sites for Herons (Ardeidae spp.) and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle (Haliaeetus leucocephalus) in the Southeast Region (1987); the Florida Panther (Puma concolor coryi) Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and the USFWS and/or the FWCC databases for telemetry locations of the Florida panther, bald eagle, red-cockaded woodpecker (Picoides borealis) (RCW) and wading bird rookeries, such as the wood stork (Mycteria americana)rookery in Collier County. The wildlife agencies' database information is updated on a periodic basis and it is current through different dates, depending on the species. The FWCC information is current through the • noted dates for the three following species: Florida panther telemetry through June 2013, bald eagle nest locations through August 2013,and RCW locations through August 2013. As previously noted, the results of the literature search found no documented occurrences of listed species on-site (Figure 2). The closest documented bald eagle nest, CO-031, is located approximately 1.4 miles to the southeast of the site. This distance is beyond the USFWS and the FWCC recommended 660-foot buffer protection zone for active and alternate bald eagle nests. The bald eagle is not a listed species, but is protected under the Golden and Bald Eagle Protection Act and the Migratory Bird Treaty Act. No RCW colonies or cavity trees have been documented within the Project area (Figure 2). A historical RCW cavity tree is noted approximately three miles to the west of the site near Interstate 75 and another is located approximately one-half mile further west of that. These locations are considered relict or historic locations as there are no longer cavity trees at these locations. Although the Project area does have widely scattered canopy pine trees, no potential RCW cavities were documented during the listed species survey. The RCW is a federally listed endangered species. No Florida panther telemetry is located on-site(Figure 2). Historical telemetry is noted less than one mile southeast of the site near Immokalee Road. The telemetry point is from Texas cougar (Puma concolor) 101 and was recorded in June 1995. Since that time, no other telemetry has been recorded in the Project's immediate vicinity. The property is located within the Florida • E4-2 Panther Primary Zone (Kautz et al. 2006) and it is located within the USFWS designated Focus • Area(Figure 3). The Florida panther is a state and federal listed endangered species. The literature search confirmed that the Project was located within the 30± kilometer (18.6± miles) Core Foraging Area (CFA) of three documented wood stork rookeries (Figure 4). According to the FWCC data, the nearest active wood stork colony, Colony No. 619018, is located 7.1± miles northeast of the site. Colony No. 619310 is located 8.1± miles to the northeast and Colony No. 619161 is located 15± miles to the east southeast. The Project's agricultural ditches may provide some suitable foraging habitat for the wood stork, but no nesting habitat. The wood stork is a state and federally endangered species. The April 25, 2014 field survey methodology consisted of qualified ecologists walking parallel belt transects across the property(Figure 5). The transects were generally walked 75 to 100 feet apart depending on the habitat type and visibility.The weather during the survey was sunny with clear skies, light winds at approximately five to ten miles per hour, and temperatures ranging from the upper 70s to mid-80s. The survey began at around 9:00 a.m. and ended at approximately 2:30 p.m. SUMMARY The results of the April 25,2014 field survey found no listed species on-site. This result was also consistent with the results from the surveys conducted by PAI in 2004 and 2012. A literature search of the wildlife agencies' databases found no documented occurrences for listed species 111111 within the Project area or the immediate vicinity. The Project site is located within the Primary Zone and Focus Area for the Florida panther. It is also located within the CFA of three wood stork colonies(Nos. 619018,619161, and 619310). i I • E4-3 • REFERENCES FWCC. 2013.Florida's Endangered Species, Threatened Species, and Species of Special Concern. Official Lists,Bureau of Non-Game Wildlife,Division of Wildlife.Florida Fish and Wildlife Conservation Commission. Tallahassee,Florida. Kautz, R.,R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings,J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133 Logan,Todd,Andrew C. Eller,Jr.,Ross Morrell,Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service;Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee,Florida. I • U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. • E4-4 • ' LEE 84V01 Y7 t, I KERIRD J LIdIl;2Y 111;ilei r miJ w 1141. Pwlar'.. W • O ..�.�.—_--- o au ORD • - y 44. CORKSCREW RD 1 w*ros eRCR tik. It C—i—i; 1 • iliVi 4i c.' OIL WELL RD y. ITA tauY . N 91111 VIII: GuffP2_�5; _ [} ..,`. 1 s RKaLt • �s iL ! Irl. Mexico U w — F J Rer eas, Y C. 1 .ie s 2 _d •F.s.s k J'f '_ il1 •nbi !4 X G e��..G V-' ./,,, �'! o 1111*.g.„-V,' . `lie Tie*. a 1,. I .. ,� -T.� r�/<'r SE EXIT{ u-.>i Y1 1 a Kia $�`.s- " ' ',1y '. r opo } E 55�. i �! # . p • '1 ' t!� l '',1 t:..._....._ -.......tttlr«-tt « - • _ f - **''2241- .44'.'''''';114",-. . - - '. „._in. _,,....„ . - :lir', 45' * . - ;4- - a*-2/14211?'' 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'1; '1' ` ', r PROPERTY BOuNDAINES ESTIMATED FRO., 1 ' ' 4 t f ' ' .1 !,, THE COLLIER COUNTY PROPERTY APORAMER S I — Y 4 e '' ' /1.4 *. ' i ' ' 1 ,. GM TiEBSiTE . '.,4 f.--'1 4 **" • ' .......,.... FL. A/4/14 PASSAR EL LA TREE FARM Pt'1') IMAM'IO Auk,.100 WA /ANANA,Am +A AERIAL WITH SURVEY TRANSEC IS Hu...(21911744100 +Si. A SSOC:1 Ans IltA RI S IAA 010)27401,GA • EXHIBIT 5 NATIVE VEGETATION MAP I • • 747 514 (1.08 Act)4 (0.39 Ac.t) • • SCALE:r-400' 241 (16.29 AC.t) 514 4119E4 (0.15 4119E4AC.$)(0.05 A .0(0.13 Ac.t) R.O.W. EASEMENT P/L • P/L 241 (50.05 Ac.s) 747 S (0.76 AC.t) 747 LEGEND (0.98 Ac.t)-.... - NATIVE VEGETATION (0.28 AC.t) NON-NATIVE VEGETATION gF (50.31 AC.t) 514 c (0.15 Ac.$) A NOTES' t 514 0.S6 AC.t) PROPERTY BOUNDARY PER STANTEC CONSULTING.INC. DRAWING N0.215612121-01C-DBOI$LTII*Nv.DWG DATED SEPTEMBER 24.2014. FLUCFCS LINES ESTIMATED FROM Y=200'AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE,COVER AND FORMS CLASSIFICATION SYSTEM(FLUCFCS)(FDOT 1999). IvcONpY 1V3t 4 D.B. 9/2/14 EXI IIBIT 5.NATIVE VEGETATION MAP t"IVDP"' ""°' PASSARELLA • TREE FARM PFI[) B.D. 9/2/14 0.VNE' IU If ASSOCIATES F.L. 10/23/14 EXHIBIT 6 COLLIER COUNTY COMPLIANCE AGREEMENT •� I 3640632 OR: 3823 PG: 1809 UCOID01 10 OIIiCIAL ISC0I01 of COLLUI COM, IL 06/16/2105 it 12:0111 DUGIR 1. IIOCI, CLIA • Ptepared by: QC IH 89.50 !conifer A.Beipedio PetO: Assistant County Attorney COMM Aft0ID1? 2800 North Honeshoe Dr IITIIOIIICI Suite 300 MI; JUIIISI A I11,I18I0 Naples.FL 34104 COMPLIANCE AGREEMENT This Compliance Agreement("Agreement")is entered into and made on this day of iAr-2005,by and between Collier County (the"County") and the Tree Farm Land Trust, ("Trust")(hereinafter referred to collectively as"the Parties"),with respect to vegetation removal on property identified by the Property Appraiser as Folio Number 00187240000. RECITALS WHEREAS, on July 16, 2004, the County alleged that vegetation removal violations (Code Enforcement Case Number 2004070644)exist on property located at the northwest corner • of the intersection of Immokalee Road and Collier Boulevard, and identified by the Property Appraiser as Folio Number 00187240000("Subject Property");and WHEREAS, the Parties acknowlege that the Tree Farm Land Trust, and Timothy G. Haim, as its Trustee, being the property owner and respective agent, are responsible for any violation;and WHEREAS, an analysis conducted by consulting ecologists, Passarella and Associates, Inc., on November 2, 2004 asserts that 1.13 acres of 2.02 acres of existing native vegetation on the Subject Property were removed. (See attached Exhibit "A," letter from Elena Mandia to Don Schrotenboer,dated November 2,2004) WHEREAS, on October 11, 2004, County staff, and the Trust's representatives met to 1 of • OR: 3823 PG: 1810 • identify the prohibited vegetation removal and to discuss the abatement of the allegations in an effort to resolve the dispute; and WHEREAS, RWA Consulting, Inc. (RWA)proposed that the Parties resolve the matter by executing a compliance agreement to include the requirement that the Trust agrees to pursue a rezone of the property and retain or restore, as appropriate, the amount of native vegetation required by land development regulations at the time of the rezone. WHEREAS, the County Transportation Department has indicated to the Trust that it I II intends to acquire a 100-foot wide strip of land extending the entire length of the eastern boundary of the Subject Property for the purposes of a right-of-way expansion of Collier Boulevard;and WHEREAS, the vast majority of the 1.13 acres of vegetation that was cleared without authorization is located within the area intended to be acquired by the County Transportation • Department;and WHEREAS, Code Enforcement staff, County Attorney staff, and the Environmental Services staff met to discuss RWA's proposal and other possible actions that may be taken by the Trust to resolve the issue;and WHEREAS, the Parties desire to reduce their agreement of all such claims or controversies to this writing so that it will be binding upon the Trust and the County and their respective predecessors, successors, heirs, assigns, spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys. insurers, sureties,and affiliates;and � I NOW THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the Trust and the County, the Trust and the County hereby agree to the following: • 2of6 OR: 3823 PG: 1811 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes 1111 referred to as"Whereas clauses,"by reference into the terms of this Agreement. 2. The Trust agrees to either: a)submit a complete and sufficient rezone application (Application) to the County Qi b) submit a complete and sufficient mitigation plan/revegation plan and any other required applications to the County along with the required fees no later than August 1,2005; 3. The Trust agrees that it will notify the Collier County Code Enforcement Director in writing if it is unable to submit either application as set forth in Paragraph 2 by August 1, 2005. The Trust agrees to set forth the basis for its request and the extension of time necessary in its request; 4. The Trust agrees that it will pay the County any required after the fact clearing fees for any area cleared without a required permit; 5. The Trust agrees that if a rezone is granted but the rezone expires because of a failure to improve the property, than the Trust will submit a complete and sufficient mitigation planlrevegation plan and any other required applications to the County along with the required fees no later than the date of expiration(i.e. sunset date)of the rezone: 5. The Trust also agrees that its Application will set forth terms that are consistent with the-Preservation Standards set forth in Land Development Code Section 3.05.07 H.l.e for mixed use development, and a copy of the analysis conducted by consulting ecologists, Passarella and Associates,Inc., on September 17, 2004; 6. In consideration of Trust's agreement, as set forth above, the County agrees that the percentage of native vegetation preserved will not include: 1) any portion of the subject property which is is acquired by the County as part of a right-of-way expansion of Collier 3 of 6 OR: 3823 PG: 1812 Boulevard or 2)any portion of the subject project which was lawfully cleared (i.e. with a permit,if required): 7. The County also agrees that it will grant a reasonable extension of time of the August 1, 2005, deadline if the Trust's request is in writing and demonstrates that a delay has occurred due to unforeseen circumstances not caused by the Trust. 8. This Agreement is freely and voluntarily executed by County and Trust subsequent to their being apprised of all relevant information concerning this Agreement and upon advice of their respective counsels. 9. The Parties hereto agree that this Agreement supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Respondent Trust and the County and that no other agreements exist, oral or written, between the Parties relating to any matters covered by this Agreement or any other matter whatsoever. 411 10. The Parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist,may now exist or may be discovered after this Agreement has been entered, and the Parties agree that any such additional, different or contrary facts shall in no way limit,waive,affect or alter this Agreement. I I. Except as expressly provided for herein, the Parties represent and warrant that in executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter,basis,or effect of this Agreement. IN WITNESS WHEREOF, the Trust and the County have executed this Agreement, which consists of six (6) pages, on the date as first set forth above and as sworn to and acknowledged by and through its duly authorized representative. 4of6 OR: 3823 PG: 1813 Signed,sealed and delivered in the presence of: TREE FARM LAND TRUST t k ft.L. dt.... cf i✓Mt" g0vI4a 6 Cdr Printed Name of Witness Timothy G.Heins,Trustee of Tree Farm Land Trust araitteii.; lei Printed Name of Witness STATE OF FLORIDA COUNTY OF eo L•LI�FZ BEFORE ME,the undersigned notary public,personally appeared 77M072Vy 69. NAVA S ,as 'iu.CTffir of TREE FARM LAND TRUST who is personally known to me or who produced as identification,and acknowledged that(s)he executed the same on behalf of TREE FARM LAND • TRUST and that(s)he was duly authorized to do so. IN WITNESS WHEREOF,I hereunto set my han and official seal. NOT Y PUBLIC, STATE OF FLORIDA AmidE !forth R.O (Print Name) My Commission Expires: (SEAL) • r woILVMENOWNID o MINSION OD 254104 �`• ' EXPNEa._ _.i�OD7 ry:� s�rr�uirwrweurrwU. 5 of • OR: 3823 PG: 1814 IIII COLLIER COUNTY,FLORIDA BY: ..._ _________'11(1( AMES V.MUDD, COUNTY MANAGER Approved as to form and legal sufficiency. Jennifer A.B4471:7"-a Assistant County Attorney STATE OF FLORA L.Z '� I�,,, COUNTY OFr I NAAB RE ME,the t. .' �. • .Ilk,personally ap V . ,as I it lit/ '1 of COLLIER COUNTY,who is personal' known to me or who produced i as identification, acknow e g t a ?Me—Executed the same on behalf of COLLIER COUNTY and that(s)he was duly authorized to do so. 1 • IN WITNESS WHEREOF,I hereunto se1..nrv:20 d and official sea. 0— OTARY PUBLIC,STATE OF �FFLORIDA A t • t Name) My Commission Expires: (SEAL) ,.--,r,--. REBECCAPARATORE MO WI COMISSOIIDD MO 1 6 of 6 III OR: 3823 PG: 1815 CS) PASSARELLA AND ASSOCIATES,INC Consulting Ecologists • 9110 College Pointe Court Fort Myers,PL 33919 Phone(941)274-0067 Fax(941)2744069 TO: Don Schrotenboer FROM: Elena Mandia DATE: November 2,2004 RE: Tree Farm PUD Project No.04AMF1030 Vegetation mapping for the subject property was conducted using 2003 rectified Collier County Property Appraiser's color aerials (scale 1" = 200'). Groundtruthing to map the vegetative communities was conducted on February 18, 2004 utilizing the Florida Land Use, Cover and Forms Classification System' (FLUCFCS), Level M. Level IV FLUCFCS was utilized to denote exotic species disturbance. AutoCAD(Version 2004)software was used to determine the acreage of each mapping area,produce summaries,and generate the FLUCFCS map(Figure 1). A total of 11 vegetative associations and land uses(i.e.,FLUCFCS codes)were identified on the 1111 property. Of the 11, only two are considered to be Collier County native vegetation communities. Those areas are the Pine Flatwoods, Disturbed,Exotics 25-49%(FLUCFCS Code 4119 E2)and Pine Flatwoods,Disturbed,Exotics 50-75%(FLUCFCS Code 4119 E3). These areas total 2.02± acres of native vegetation. The total of unauthorized cleared native vegetation equals 1.131 acres based on the FLUCFCS map, a site visit conducted on September 17, 2004, and aerial photos taken on July 22, 2004 (Figure 1). The native vegetation that remains on the site after the clearing totals 0.89±acre. The native vegetation to be retained for the site with 15 percent'native vegetation preservation would be 0.30±acre. If 25 percent native vegetation preservation would be required,than 0.51* acre native vegetation would need to be retained. EM/bmw Enclosure cc: Robert Mulhere,w/enclosure 'Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classerrcation System. Procedure No.550-010-001-a. Third Edition. EXHIBIT i . • 1111 0 / t. • k. -_y • ' • 1 - f r'�� it Jj]� • .-i A 11• At IL -_ i11 • 4 • • • 1 i iI ; • F f - I• I ii • ....' . i 1 ..._ _. -_ 24. _ 1' Pa COO CID $.1t .. r : `--�..._• ,at;_-•,�-• tws I S _YJ� •i_ •• • ds- ►.•a art u-ss s�t .:u, 2 . i • :, • i went OW I•R1wr•.UAW= Mato I1R1Ma4I~It RYIII11r roe 1•114. W rR1Fto MC ottilialf VI iik milt w�liR{NU eV JWW.11��RMMI Wean mots*tett.. 1 j� K o�pm yin... W AYR Nf R�•1RIsYn MY YY R 1111MOOr•I11I�pW•rlay Yuma UM ISM LaIT•�Y•iaRYs W M atmilttli�1w~ tart in % RIRY••IIY11A I. aW en.. -in Pima R111A1 YM INA, S. nu UI• LS.* •N OIwfO/NW 14411011•111“ V11V ah pr. NCOIN11 Mt% N MOrii �+ 1Yt I�IIt rIM11 Rn OI►i *WON IONIMMiI1f MR1Jw • - . ., y .. IR11M�wua11IINaIM RSI�IMO�1fM/M1151 � 1ML1 SS MO rifROl•L �- ere" .•�• DyL�11�I��• �,1�1/1� •Consulting.•WN$�y FARM RD _ . sures %+IyP MIR dr.,JM 1 w..i... .ai, ... .w1I 11Ie0 _ WR Maui& o ♦ v ` 1. 0.4 - i' + _ �'l ro • } ,, s�� v. r , "t3 Y ¢ � , . ,. t. s , Y y i w 1 Mb115 .f1114 1XOt9GROPMS MN S:•0111E0 :1111lYlNu 4.s ♦O/ 1MW!COWER WW1 Nf brOttf OIOM[ 1a rt1W /n7�R LIMP OMR LAK!w11R5' Ow' �•' _..._. .^,J1[Kt Ww1/„i UTE Of.MMY!!.NM !�/(�(��J ..a cot+.lertr a.' ,, wWllt,. +SHY[ On ,.NSC Y1 .,H/1 O 4O-APM0001 O itAKO W r.C.O*OSl NM• to. ROGCS YMTO 17Tl.iTlO ffOR NHO. .nM KAOOR00•.OMTw/0OL1449,cl .YM, ff. PHM•MMow l.CTOGRp.O CO CL11RfR w•1r[TEL[T.TpM ..H1. S.ua.pM MUOIOW row.Mrd! .af.. 1n =avow MNuratte RE [i.N Ki/ on MM.%*WO. .i1M. in M! WOOL 1MM. 1R IWVO11N1 ROLY LAS W. N. MM. .OM. 1n 1NOIR SMO TOMO[IAT(loll UM .N loon GMC on.• iq sum.ORKf4S1 blow OM1 ORM. MM. 1.' _ .0 . OIL R••.....SN._P. T�1N.....„.. ___. .RM.L_lmF LIGL111G NO OOOCO1T 4OMW ton um lata. J inuintaTL40IN LINTS MU MOP ono OOM!. IT St 11MSITORr ` M iCMMr vs ATC NUM [MMMT • o • it 1�� 1 .. PA`l�Aanki and �$sa•I1'� Imo. Mt raw Puo 4.10•04 ._ P x Ileus+"* _ IRNO WWI,"Oh Ono% Magda NM MOO and nun=irk aw nom.E04T.*RR l uc xef__.+_. 1 I ci%.: Max Minhas Page 2 • Within a 2-mile radius of the project site,there have been telemetry detections for three Florida panthers(FP92,FP159,and FP99) and one Texas cougar(TX101). According to the Service's Geographic Information System(GIS)database,FP92,FP99,and TX10Iare dead;and FP159 was alive as of 2013. No telemetry detections have occurred on the project site. Numerous additional telemetry detections have occurred to the northeast of the project site within the Corkscrew Swamp area. Telemetry locations only apply to panthers that historically had collars on them;they are not a comprehensive indicator of panther presence or suitable habitat for panthers. Telemetry locations typically represent day-time resting sites. The activity of additional uncollared panthers that may use the area is unknown. The Service,in coordination with Passarella and Associates,Inc(PAI),determined the current value of habitat on the project site to the panther and the amount of habitat recommended to off-set habitat lost as a result of the project. The Service's panther habitat assessment considers the contribution project lands provide to the Florida panther,recognizing not all habitats provide the same value,and quantifies the value of habitat at the project site in units known as Panther Habitat Units(PHUs). Following the Service's habitat assessment approach, the project site currently has an existing PHU value of 224.7 PHUs. Factoring in a base multiplier of 2.5,compensation in the primary zone requires 562 PHUs(Table 1). A letter received by the Service on July 14, 2014,dated July 8,2014,from Florida Panther Conservation Bank (FPCB) H,states 560 PHUs have been reserved at the conservation bank by Landquest Group. The discrepancy in PHU numbers(562 required,560 reserved) has been acknowledged by PAI and will be corrected upon final PHU purchase. • Based on the location and size of the project area and the proposed habitat compensation,the Service believes the proposed action is not likely to increase adverse risk to the panther. Wood stork No wood storks(Mycteria americana)were observed on the project site during listed species surveys and other associated on-site activities. The project site falls within the core foraging area of three recorded wood stork colonies. While no traditional wetlands are found on-site,there are 1.15 acres of agricultural ditches. A wood stork foraging analysis assessment was conducted following the methodology presented in the Service's May 28,2010,Biological Opinion for South Fort Meade Mine(Service 2010)and determined that impacts to the agricultural ditches will result in the loss of 0.35 kilograms of fish and crayfish biomass. Individual PHUs at FPCB H have an associated wood stork forage biomass value of 0.0135 kilograms. The proposed purchase of 562 PHUs at FPCB H will provide 7.59 kilograms of biomass, which far exceeds the biomass loss associated with the project. Based on the location and habitat composition of the project area and the proposed foraging habitat compensation,the Service believes the proposed action is not likely to increase adverse risk to the wood stork. • Max Minhas Page 3 Eastern indigo snake The project occurs within the geographic range of the threatened eastern indigo snake (Drymarchon corais couperi). During construction, Landquest Group has agreed to implement the Service's Standard Protection Measures for the Eastern Indigo Snake(Service 2013),which will minimize adverse effects to this species. Therefore,the Service believes the proposed action is not likely to increase adverse risk to the eastern indigo snake. Red-cockaded woodpecker No cavity trees were identified on the property during a survey conducted by PAT in April 2014. Additionally,PAI states no red-cockaded woodpeckers (Picoides borealis;RCW)have been heard or observed during other activities on-site.The project site does not contain optimal RCW habitat as only 0.65 acres of disturbed pine flatwoods are present. The two closest occurrences of RCWs to the project in the Service's GIS database site are approximately 0.5 and 1.75 miles away. These observations were made in 1990 and 1989,respectively. Both observation sites currently exist as developed properties. Based on the lack of RCW occurrence in and around the project site, as well as the relative lack of suitable habitat,the Service believes the proposed action is not likely to increase adverse risk to the RCW. Florida bonneted bat • The project site falls within the Service's Florida bonneted bat(Eumops floridanus;FBB) consultation area(Service 2013). Although no FBBs have been documented at the project site, they have been documented in the Corkscrew Swamp area to the northeast of the project site. On April 25, 2014,PAI conducted a survey to determine the presence of cavities and other roosting opportunities on the property. No potential roosting opportunities were detected on the project site. Despite the lack of potential roost sites,the project area may provide foraging habitat for the FEB. The PHUs being purchased from FPCB II to offset the loss of panther habitat should also benefit the FBB. Although FPCB II falls outside the consultation area for the FBB by approximately 3 miles,the preservation and maintenance of such natural areas in close proximity to the FBB consultation areas should be beneficial to the FBB. Additionally,FPCB II has wetlands that provide wood stork forage and that may also serve as FBB foraging habitat. Based on the negative roost survey and the habitat compensation proposed,the Service does not believe the project will significantly impact the FBB. This letter fulfills the technical assistance request from Landquest Group,LLC. Landquest Group shall provide the Service with a verification letter stating the reserved PHUs have been acquired. Once this occurs,no further coordination is required with the Service. If modifications are made to the project,if additional information involving potential effects to listed species becomes available,or if a new species is listed,additional coordination may be necessary. • Max Minhas Page 4 • Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have any questions regarding this project, please contact Anthony Sowers at 772-469-4223. Sincerely yours, 4ya,teutot., C4ddie„. -rev Donald (Bob)Progulske Everglades Program Supervisor South Florida Ecological Services Office cc: electronic only Passarella and Associates, Fort Myers, Florida(Mike Myers, Bethany Brosius) LITERATURE CITED Kautz, R., R. Kawula,T. Hoctor, J. Comiskey, D. Jansen, D. Jennings,J. Kasbohm, • F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006. How Much Is Enough? Landscape-scale Conservation for the Florida Panther. Biological Conservation 130:118-133. U.S. Fish and Wildlife Service. 2010. Biological opinion for South Fort Meade Mine. Federal activity code: 41420-2007-FA-1006. South Florida Ecological Services Office; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2013. Florida bonneted bat consulation and focal areas. Fish and Wildlife Service. South Florida Ecological Services Office; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2013. Standard protection measures for the eastern indigo snake. Fish and Wildlife Service,South Florida Ecological Services Office; Vero Beach, Florida. • Page 5 . Max Minhas Figure 1. Location of Tree Farm PUD Project. is No:i. ' r Mrd::` ..�:. «.'.. . t r414. t . i . t, , ` � 1 'fir *X- : ' I IIs a4 ' ` AtiN .. yl As . �: .wpb , _ �.��_._� 4111 .�.,v-" .ST4 , ,7-..7",,,., t, r . 4 _ '..S.:,“ 5 0.• it"'„. "...""k , 'l'4.111,4 '. g.„ r,.,, i w it tj . Tn.j F y `_ ` j„4-,v` `�,� 4 , ,ny .tee . r 'Pi T : •1�+ rik eti !1 I'I YY" r ., er u. •tt .a 1 111UJLCIIAILAII.}' "' tl'" 4t • 2.,-0VA ; ha, '7T7L'vu"' ''I,., ..)l'� A.f �1C'2.R1`PIBS.R3\i:.s I �� 'ttll i is-r 4, 1:" -tr1.e 7 . 7 y� s 1 ► • € . ,.'2, ,YPt .i •Ii. .c „ ,� •AJ°.,,u °-iw^^`` .4"r ni t 3 * isi •' -=ate 9 1� ` ' r n 1.'�^+,pht . , 1, � .r tom8.,„%.,,, .,�. J€•'. _� F �' f e ;- � apt .S:,0L, ,sdij L �• tr L. �. `' 1- it J 40. -1, „ t 5'r.`!€ ♦ ,,,... 7� �'� -.z S } F- wrtL l 1 t s Z'_ 3�.1r..,y Z5�PY'. - ;,i� ~ . '• .. '�.. r+ 1 vi ,� } '�-9µm r I� 13.'y"'�t"' c 1. '. � N r a t y� # t r�1 w ,I � �`+° ' (k 1 * ,. 41 * ,. L :, ' f 3 IL 39 to IIt,t hi 11'R(HL_ I I it :A['1s1\N-11' I \'"s' \11' 1. I :A ! IKit.:I':\I4\1 I't'I' `I s., ;� 0 Max Minhas Page 6 r-1- .:".• Sr#•• = • `;4 , 07 f ;` c i ... f`e ,�. s g ae ��, [� m . -, J I 1!� '.''* ' ''-'1''''k;' '':4;1 Liii* '''.L.'7,Z4:;... 1,ir it;I' 4r7. 11111,..).....1.1 r r, ..,....,„„...., %or b 47'e„..,.-....ir—',ZI:,-.- .,,,:aiteit: : ,, Mil Tree Farm PUC S to Panther Focus Area - ---_- Zone l Primary Zone 4 c:3Sec ondaryZone Dispersal Zone 1 Primary DispersaiExpans+onArea ° ,> -, Dispersal Pathways ' Figure 2. Tree Farm PUD Site and Panther Focus Area. 0 Max Minhas Page 7 Table 1. Tree Farm PUD- Panther Habitat Assessment PROJECT WORKSHEET ,.1144 I t..... 4.:Iv tie 0eve.: Hata£.st I- a u£14"J alter,x-regi rer: -mai •1mar. Egts alert LI•Weryt " Sewrgary Other rtabtet Sar...a an, • - lad,al ll.r}'n.rr?,p, /one Zone ums Inns uexts Pro forest ,:` "..: 1 9 HardwOdd-Pa X, 0 Cypress aa+anlp '• Hardwood swarm' 9 2 0 3 Hardwood Faeal 9 0 CrY'Wane 6 3 3 1 CONTINUE Uromprwed pastl,•e 5; , a Shnb swan ,r; s 5 0 0 Impwed pas£ve 9 2 0 0 Cropland 4 6 0 9 Qrthardsitl'cves 4 7 215 3 CLEAR SHEET Marahrwet pram 4: 0 ),enc scrub 4 a C 3 Exnfit/Nts ar4e rxa£xs 2 3 .,op... ,t ,,e,. fnaslal wetlands • C 0 RFOUtREL1 Barrer O.3t.rbed tams • 2 3. 3 v1''ater 1 15 562 Ltban 0 31 0 elab4al Ufa% Reservers' 0 STA* C •-,-ni a 00 70 00 C IJ 000 nn I • I • • ENVIRONMENTAL DATA REPORT j i Standard ASTM Research+ NW Corner of Immokalee Road 1 &Broken Back Road Collier County, Florida. Client Project#: 6787-04-4114.01 1 Prepared For: ill MACTEC Engineering & Consulting, Inc. 3627 Progress Avenue , I Naples,FL 34104 I I • I Prepared By: I ENVIRONMENTAL DATA MANAGEMENT, INC.. 14100 Walsingham Road,Suite 31 .<'' Largo,Florida 33774 ir.: Iuesday,August 31,2004 Environmental Data Management,Inc E D M 14100 Waitingham Road,Suite 31 • Largo,Florida 33774 Tel (727)5954600 Fax(727)595-8606 http/Mww.edm-net.com J Tuesday,August 31,2004 Client Project#:6787-04-4114.01 • Thomas Bates MACIEC Engineering&Consulting,Inc. 3627 Progress Avenue Naples,FL 34104 Subject:Standard ASTM Research+—EDM Project#:15808 Dear Mr..Bates: Thank you for using Environmental Data Management,Inc. the following report provides the results of our environmental data research that you requested for the following location: NW Corner of Imniokalee Road • &Broken Back Road . Collier'County,Florida The following is a spry of the components contained within this report: • • Executive Summary-a listing of'the databases searched,search distance criteria and the number of sites • identified for each database, • Map(s)of Study Area-show the location of sites identified relative to the subject property. These sites are labeled with Map ID Numbers,used to correlate the map symbols with data detail within the report. A non- • mapped option is available • Summary Table-summary information concerning the records identified within your study area. the table • provides corresponding Map ID numbers,the site's Permit or Facility 1.D..Number,the site's name and address • and the government database(s)on which the site was listed. • • Site Detail Reports—data detail for each record identified Grouped by database listing or by Map ID.. • Proximal Records Table—sunm>Ary information listing potentially relevant sites identified just beyond the search criteria. These records may account for instances where a regulated site's boundary extends into the • • study area but its address is outside of the search radius or where the site is mis-mapped slightly. • Non-Mapped Records I able-lists those government records that do not contain sufficient address information to plot within our GIS system,but may still exist within your study area. • • Ancillary Information —may include Iitle Search Report,City Directory Records or other additional research records • At EDM we take great pride in our work,and continually strive to provide you with the most thorough and comprehensive service available. We accomplish this by manually screening your report against both computerized and hard copy maps,as well as additional address sources.. This manual effort may add more time and effort to your report preparation,but we think a more thorough and accurate result is worth it. After all,what's the value of' inaccurate information? Thank you again for selecting EDM as your data research provider. Should you have any questions regarding this • report or our service,please feel free to contact us We appreciate the opportunity to be of service to you and look • forward to working with MACTEC Engineering&Consulting,Inc.in the future • ENVIRONMENTAL DATA MANAGEMENT,INC. • .1 AgrncJ'List ascriptions D _ e US Environmental Protection Agency (USEPA) Comprehensive Env Response,Compensation&Liability information SystemList(CERCLIS) The US EPA Comprehensive Environmental Response,Compensation,and Liability information System(CERCUS)is the Superfund database used to trade Ir facilities and/or locations that the USEPA le Investigating to determine if an existing or threatened release of hazardous substances is present Agency Ffle Date: 6/14/2004 Received by EDM: 6/23/2004 EDM Database Updated: 6/25/2004 RCRIS Handlers with Corrective Action(CORRACTS) The US EPA Corrective Acton Sites(CORRACTS)database is a/sting d h®rdoua waste handlers that have undergone RCRA carectve action activity. This information is compiled by the EPA Regional and State RCRA progran personnel,as well as the RCRA facilities themselves. • Agency File Date: 7/13/2004 Received by EDM: 8/3/2004 EDM Database Updated: 8/5/2004 Emergency Response Notification System List(ERNS) The Emergency Response No68caton System(ERNS)is a database used to store Infor eiion an the natifcatiah of dl dscherges and hazardous substance releases The ERNS program is a cooperative data sharing effort among the EPA,DOT and the National Response Center(NRC).. Agency File Date: 12./31/2003 Received by EDM: 7/8/2004 EDM Database Updated: 7/17/2004 • Archived Cercus Sites(NFRAP) • The US EPA NFRAP Net codeine archived data on CERCUS sites where the EPA has completed assessment activities and determined no further steps to 1st the site on the NPL wei be taken. These NFRAP sites may be reviewed by the states in which they are located to determine if they should be returned to CERCLIS because dnatty identified contatta minah problems at the site. •• Agency File Date: 6/14/2004 Received by EDM: 6/23/2004 EDM Database Updated: 6/25/2004 RCRA-LQG,SQG,CESQG and Transporters(NONTSD) The EDM NONTSD list is a subset of the US EPA RCRIS list and identifies facilites that generate and tampon hazardous rtes. These facilities maybe age Quantity Generators(LOG) Small Quantity Generators(SQG),Conditionally Exempt SQG's(CESQG) as well orNon-NatifierV and"Nan Agency File Date: 6/9/2004 Received by EDM: 6/22/2004 EDM Database Updated: 6/25/2004 si • National Priorities List(NPL) The US EPA National Priorltee List(NPL)contains facilities and/or locations where envbnnmental contaNnetlon has been confirmed and prioritized for cleanup activities. The NPL was devised as a method for the EPA to prioritize these sites for the purpose d taking remedial action as funded bythe Hazardous Waste Substance Superfund program Agency File Date: 6/14/2004 Received by EDM: 6/23/2004 EDM Database Updated: 6/25/2004 RCRA-Treatment,Storage andlor Disposal Sites(TSD) ■ The EDM TSD list is a subset of the US EPA RCRIS list and identifies facilities that Treat.Store and/or Dispose of hazardous waste Agency File Date: 6/9/2004 Received by EDM: 6/22/2004 EDM Database Updated: 6/25/2004 I r • • Florida Department of Environmental Protection(FDEP) Leaking Underground Storage Tanks List(LUST) • The FDEP LUST list Identifies facilities and/or locations that have rtotified the FDEP of a possible release of contaminants►ram petroleum storage systems. This Repot is generated from the FDEP Storage Tank and Contamination Moxlaring Database(STCM) Agency File Date: 8/92004 Received by EDM: 8/25/2004 EDM Database Updated: 8127/2004 Solid Waste Facilities List(SLDWST) The FDEP SLDWST identifies location that have been pemutied to conduct solid waste handling activities including Landfills,Transfer Stations and sites handling Bio-Haasrdous wastes Sites listed with"#1/"alter the GMS ID Number are historical locations obtained from documents on record at local agencies Agency File Date: 7/12/2004 Received by EDM: 7/142004 EDM Database Updated: 7/17/2004 • State Sites List(STCERC) The STCERC is a historicist fisting of sites that the Florida Department of Environmental Regulation(FDER)compiled to track suspect oontaminafion ass This list was known as the Florida SITES 1st and was last updated by the FDER in 1989. • Agency File Date: 12/1/1989 Received by EDM: 4/1/1995 EDM Database Updated: 4/25/1995 State Funded Action Sites(STNPL) • • TheFDEP SFAS list contains facilities and/or locations that have been identified by the FDEP as having known environmental contamination and ere currently being addressed through State funded cleanup action . Agency File Date: 4/23/2004 Received by EDM: 627/2004 EDM Database Updated: 6/27/2004 • Underground Storage Tanks(TANKS) The FDEP Storage Tank and Contamination Monttoing(STCM)database contains sites with registered aboveground endlor underground storage tanks etching regulated petroleum products Please refer to the"Explanation of Florida Tank Codes" insert to Interpret tank construction,monitoring and piping codes. Agency File Date: 5/10/2004 Received by EDM: 6/3/2004 EDM Database Updated: 6/4/2004 Supplemental Databases Florida Dry Cleaners(DRY) The Florida Dry Cleaners List is extracted from the FDEP Storage Tank and Contamination Mon Loring(STCM)database. It contain a listing of those Dry •' Cleaner sites(and suspected historical Dry Clearing sites)who have registered with the FDEP for the Dry Cleaning Solvent Cleanup Program Agency File Date: 8/9/2004 Received by EDM: 8/17/2004 EDM Database Updated: 8/17/2004 Facility Index System Llst(FINDS) The US EPA Facility index System(FINDS)Is a hisorical database Containing an inventory of sites that ore regulated by Program Offices of the EPA,such as Air,Water,and Waste. Each listed facility centring one or mora'pointers'to indicate the fevilt/s Source Indicator".The Source Indicates represents the corresponding EPA Program Offices responsible for regulating the site Agency File Date: Received by EDM: 11/23/1998 EDM Database Updated: 11/23/1998 Toxic Release Inventory System(TRIS) The US EPA TRIS list identifies those fadities that are required to submit annual reports relative to the estimated routine and accidental release of tock chemicals to the enviro mint,as stipulated under arrant federal lava. Agency File Date: 3/31/2003 Received by EDM: 3/11/2004 EDM Database Updated: 3/172004 EXPLANATION OF FLORIDA TANK CODES T ,AJC 1 E CODES L • MONITORING CODES • A s BALL CHECK VALVE 1=CONTINUOUS ELECTRONIC SENSING EQUIPMENT •• RAIAI 2=VISUAL INSPECTIONS OF PIPING SUMPS s STEEL 3=ELECTRONIC MONITORING OF PIPING SUMPS • G uN OWN 4=VISUAL INSPECTIONS OF DISPENSING LINERS ti Os FIBERGLASS 5=ELECTRONIC MONITORING OF DISPENSER LINERS • 0s S FIBERGLASS-CLAD STEEL 6=EXTERNAL PIPING MONITORING ` f`CATHODIC PROTECTION-SACRIFICIAL ANODE T-AUTOMATICALLY SAMPLED WELLS i: ® CATHODIC PROTECTION-IMPRESSED CURRENT 8=MANUALLY SAMPLED WFI I S �# SyMHETt CILLINER LE IN TANK EXCAVATION B=SITE SUITABILITY PLAN EXEMPTION f sop,-- CONTAINMENT:CONCRETE/SYNTHETIC MATERIAL AREA C=GROUNDWATER MONITOR PLAN OMPARTMENTED D=SPCC PLAN �� SPILL CONTAINMENT BUCKET E=INTERSTITIAL MONITORING UST UNERS `' ` �, ow SHUT OFF F=INTERSTITIAL SPACE-DOUBLE WALL.TANK f: f TIGHT FILL G=ELECTRONIC LINE LEAK DETECTOR W/FLOW SHUTOFF f ��/EL GAUGES,HI LEVEL ALARMS H=MECHANICAL UNE LEAK DETECTOR ��L WADLUR APPROVED PROTECTION METHOD,de 1=NOT REQUIRED-SEE RULE FOR EXEMPTIONS 0,1 Q UAL MATERIAL/(TANK'JACKET') J=INTERSTITIAL MONITORING-PIPING LINER ja�rJER DEP APPROVED SECONDARY CONTAINTMENT SYSTEM K=INTERSTITIAL MONITORING-DOUBLE WALL PIPING Q�ALL USE TANK I.=AUTOMATIC TANK GAUGING SYSTEM(USTS) re,/,/' 4P",-- j,..1 ERECTED TANK M=MANUAL TANK GAUGING SYSTEM(USTS) %%//;•'/p�LE55 UST W/SECONDARY CONTAINMENT N=GROUNDWATER MONITORING SYSTEM / /L.T ON SUPPORTS 0=VAPOR MONITORING SYSTEM XIJP CRETE P=VAPOR MONITORING W/DILUTTON PROCEDURES f, RDEPAPPROVED THIYLENE 0.VISUAL INSPECTION OF AST SYSTEMS TANK MATERIAL R=INTERSTITIAL MONITORING OF TANK BOTTOM S=STATISTICAL INVENTORY RECONCILUITION(SIR/USTS) 0 T=ANNUAL TIGHTNESS TEST WITH INVENTORY(UST) U=BULK PIPING PRESSURE TEST r"—"TYLLJSINGLE OUND-NO CONTACT W/SOIL V-SUCTION PUMP CHECK VALVE GALVANIZED METAL W p FIBER-OPTIC TECHNOLOGIES PROTECTIVE COATING Y=UNKNOWN NE PROTECTION(SACRIFICIAL ANODE/IMPRESSED Z=OTHER DEP APPROVED MONITORING METHOD � MATERIAL "% ��ETIc OR BOX/TRENCH LINER I � �RT/SEAPORTHYDRANT SYSTEM N PIPING SYSTEM VII' URIZED PIPING SYSTEM SER LINERS vROpUCTSYSTEM ,/� f�E WALL/DUAL MATERIAL(PIPE 'JACKET') r /' ON/ED SYNTHETIC MATERIAL /�' .E:VIOLATION 7--1.��JAL PIPING WITHIN INTERNAL SUMP RISER 1 �` !ON ,.fyf 41f� NG ASOCIATED WITH TANK t�A Q of APPROVED PIPING MATERIAL ,- V, GA • Executive Summary Client Information Project Information 111. Thomas Bates Standard ASTM Research+ — MACTEC Engineering&Consulting, Inc.. NW Corner of Immokalee Road 239-643-4747 &Broken Back Road Client Job No# 6787-04.4114..01 Collier County, Florida • - Client P 0 No EDM Job No# 15808 a The/Following table displays the databases that were included in the research provided,the respective search distance for each database,and the number of records identified for each database • Search - - Greater Radius From From From From Sian 1 Totals • of (Liles) 0-.13mi .15-.25mi .26-Soni .51-1.0mi Idle EPA DATABASES • r National Priorities List(NPL) 1.00 I • • , 0 ` 0 0 - 0 ' ri . Comprehensive Env Response,Compensation&Liability 0.50 0 0 0 N/A N/A 7 a 0 Information SystemList(CERCUS) . • Archived Cercus Sltes(NFRAP) 0.50 0 0 0 N/A N/A 0 Emergency Response Notification System List(ERNS} 0.25 0 0 _ N/A N/A _ N/A p •• • RCRIS Handlers with Corrective Action{CORRACTS) 1.00 0 0 0 0 N/A 0 •li • RCRA-Treatment,Storage and/or Disposal Sites(TSD) 1.00 0 • 0 0 0 N/A 0 RCRA-LQG,SQG,CESQG and Transporters(NONTSD) 0.25 0 0 N/A N/A N/A 0 r FDEP DATABASES State Funded Action Sites(STNPL) 1.00 0 0 0 0 N/A 0 State Sites List(STCERC) 0.50 0 0 0 N/A N/A 0 '" Solid Waste Facilities List(SLDWST) 0.50 0 0 0 N/A N/A 0 . Leaking Underground Storage Tanks List(LUST) 0.50 0 0 0 N/A N/A 0 rUnderground Storage Tanks(TANKS) 0.25 0 0 N/A N/A N/A 0 r SUPPLEMENTAL DATABASES Florida Dry Cleaners(DRY) 0.50 0 0 0 N/A N/A 0 Facility Index System Ust(FINDS) 0.25 0 0 N/A N/A N/A 0 Toxic Release Inventory System(IRIS) 0.25 0 0 N/A N/A N/A 0 a . "'"Disclaimer's"" 'si Please understand that the regulatory databases we utilize were not originally intended far our use,but rather for the source agency's internal tracking of sites for which they have jurisdiction or other interest Asa result of this difference in intended use,their data is frequettdy found to be incomplete or inaccurate,and is less than ideal = for our use.Additionally,Umitations exist hi mapping data detail and accuracy Our report is not to be relied upon for any purpose other than to°point"at approximate locations where obese evaluation may be warranted.No conclusion can be based solely upon our report.Radler,our report should be used as a first stop in directing your attention at potential problem areas,which should be followed up by site inspections,interviews with relevant personnel and regulatory file review.Readers proceed at their own risk in relying upon this data,in whole or in part,for use within any evaluation The EDM Service Request Form,signed by all of OUT clients before EDM issues a report,contains more detailed language with regard to each limitations,the terms of which the reader must accept in their entirety before utilizing this report If the signed contract is not available to the reader.EDM will gladly famish a copy upcm request. EMD �{ Copyright©2004 Environmental Data Management,Inc.. For further Information please contact us at 800-368-7376 Use of this informeron is strictly kited by EOM's authorization agreement signed by ow clients for each report. III .44 t . •,!:::.: . . EDM Jab No:L4808 Meat Job No:1178744-4114.01 'i• Prepared For: MACTEC Engineering & Consulting, Inc. Standard mpumam i,,.-.. NW Corset of bnmekidee Road • &Ink=Back Road Collier County N ! Collier Calmly,Florida J.•- 31 August 2004 i 1 i I •,:...,,--, t.. II 1 1 • ';'• :.•i,.:.• I! i 1,....., 1: 4.; r \ f:'....-1 i -------------- , 1!"-------• I i 1 I: • 1 i • i . ::'.:•: •:: .?•,"% ... 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Map Scale end Eke Locations 14100 Walsizighean Road Sake 31 ore Approximate Tel(727)5gij Fax(727)5954606 : - .4 .? • S • ri REPORT OF PHASE I ENVIRONMENTAL SITE ASSESSMENT UPDATE • FORMER TREE FARM NAPLES,COLLIER COUNTY,FLORIDA • • Prepared For: TREE FARM LAND TRUST •NAPLES,FLORIDA Prepared eP By: ® MACTEC ENGINEERING AND CONSULTING,INC.. NAPLES,FLORIDA 0 r SEPTEMBER 23,2004 MACTEC PROJECT 6787-04-4114 MACTEC m Former Thee Farm September 23,2004 MACTEC Project 6787-04-4114 41111 1.0 EXECUTIVE SUMMARY FORMER TREE FARM Naples,Collier Cotmty,Florida MACFEC completed an update to a Phase I Environmental Site Assessment, The work was conducted in accordance with MACTEC Proposal MIAM-04-537 Rev.: 1 dated August 27,2004, authorized by Mr, Donald R. Schzotenboer on August 27, 2004. The subject site consists of a former tree farm on the northwest corner of the intersection of Inmrokalee Road and Collier Boulevard(Route 951) •, Regulatory Update • The subj sect site was not listed in the federal and state environmental regulatory information reviewed for this assessment as having reported contamination, • generating hazardous waste,or having regulated storage tank systems.. • The environmental regulatory information reviewed for this assessment indicated there were no off-site facilities identified within search distances recommended by the American Society for Testing and Material(ASTM).. • Updated inquiries with the Collier County Pollution Control Department did not mai reveal documented pollution complaints or'oil/gas exploration for the property or • adjoining areas since the previous assessment. Site Observations 1 No apparent environmental concerns, such as stained soil, storage tanks (except and empty fertilizer tank), drums, chemical/petroleum containers, or rainbow sheens on surface water were observed during the recent site visit,This assessment has not revealed the presence of recognized 3 environmental conditions in connection with the subject site. No further assessment is recommended in regards to petroleum products or hazardous substances. However; MACTEC recommends the observed septic tank should be properly abandoned in accordance with state and local codes,unless it will be used..An irrigation well is on the south part of the site and there may be a second well in the pole barn.. If the wells will not be used they should be plugged and abandoned in accordance with state regulations. Y � ' 1-1 1 Former Tree Farm MACTEC Project 6787-04-4114 September 23,2004 1111 2.0 INTRODUCTION Tree Farm Land Trust engaged MACTEC to perform an update to a Phase I Environmental Site Assessment. The purpose of our services was to identify recognized and obvious potential environmental conditions that may have occurred since the previous assessment,based on readily available information and site observations This update was l� performed substantially as outlined in out Proposal MIAM-04-537 Rev 1, dated August 27, 2004. MACTEC's proposal was accepted by Mr.Donald R.Schrotenboer on August 27,2004.. 2.1 BACKGROUND MACTEC, as Law Engineering and Services, Inc..,performed the previous Phase I assessment in 2002.. The results were provided in the report titled "Report of Phase I Environmental Sire Assessment," dated April 23, 2002, LAW Project 40340-2-1022, Several areas of concern were observed, all of which were located in or near a small pole barn. The concerns included several aboveground storage tanks, petroleum product soil stains, and broken bags of granular herbicide. • The broken bags of herbicide were located near an open well casing and herbicide granules • apparently entered the well. The property owner and seller at the lime (Florida Panther Naples, Inc) retained Miller Legg& Associates (MLA) to conduct remedial activities with respect to the environmental concerns • identified in the Phase I Report.. MLA removed and disposed of all identified storage tanks and granular herbicide,removed soil contaminated by petroleum products and spilled herbicide,tested • ground water from the open well,and plugged the well.,MACTEC reviewed the MLA reports and conducted a site visit after MLA remedial activities were complete. Laboratory results of soil and ground water samples showed no soil or ground water contamination that exceeded state target levels..MACTEC's site visit indicated the storage tanks and herbicide were removed,the reported : stained soil areas were addressed, and ground water in the well was not contaminated from the granular herbicide. The results of MACTEC's review were reported in a letter dated.Tune 4,2002 and no further assessment was recommended. In 1998, prior to the above activities, ECTS also performed a Phase I assessment, following b • y limited soil and ground water testing..No contamination was identified by ECTS.. 1411 2-1 Former Tree Farm September 23,2004 MACTEC Project 6787-04-4114 • 2.2 PROCEDURES The previous Phase I Environmental Site Assessment was performed using procedures as documented by The American Society for Testing and Materials(ASTM)specification ASTM E ' 1527-00. The scope of this update was limited to conditions that may have changed since the 1 previous assessment.The following services were provided for the update: I .J • A site reconnaissance by one of our professionals qualified in performing similar environmental assessments to identify indications of past or present waste handling or storage activities that may pose a hazard to the environment., • An updated review of published records of cognizant local, state, and federal environmental regulatory agencies to determine if the subject site and nearby property is included on any of the following lists: .J ` National Priorities List Resource Conservation and Recovery Act(RCRA)Notifiers List - Comprehensive Environmental Response, Compensation, and - Liability Information System(CERCLIS)Sites List Facility Information System(FINDS)List - Appropriate and readily available state agency lists • A review of the readily available history of ownership, land usage records, and aerial • photographs, and interview of property management for consideration of past and present 1 operational practices. The review was limited to significant changes since our previous assessment.Obtaining and reviewing a chain of title was not included unless requested • A driving tour of the surrounding area to document the location of listed facilities,and to help determine if the adjacent land use has a visibly apparent potential for environmental impact on the subject site. • Interviews with the present owner or tenants, if available, and city, county, or township officials(if appropriate)to determine what is known about land use since the previous assessment • Preparation of this report presenting our findings and conclusions.. I 2.3 QUALIFICATIONS The findings and opinions presented are relative to the dates of our site work and should not be relied on to represent conditions at substantially later dates_ The opinions included herein are based on information obtained during the study and our experience.. If additional information becomes available which might impact our environmental conclusions,we request the opportunity to review the information, reassess the potential concerns,and modify our opinions, if warranted. • 2-2 Former Tree Farm September 23.2004 MACTEC Project 6787-044114 • If this assessment included a review of documents prepared by others it must be recognized that .J MACTEC has no responsibility for the accuracy of information contained therein.. Although this assessment has attempted to identify the potential for environmental impacts to the subject property, potential sources of contamination may have escaped detection due to: (1) the limited scope of this assessment, (2) the inaccuracy of public records, and (3) the presence of undetected or unreported environmental incidents (4) inaccessible areas, and/or (5) deliberate concealment of detrimental information. It was not the purpose of this study to determine the actual presence,degree or extent of contamination,if any,at the site..This could require additional :( exploratory work,including sampling and laboratory analysis. JASTM E 1527-00 defines a"recognized environmental condition"as: • J "-the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release,a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground ground water; or surface water of the property, The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimir conditions that generally do not present a material risk of harm to public health or the environment and that would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.," J J i 2-3 Former Tree Farm September 23,5004 MACTEC Project 6787-04.4114 \..111‘ • 3.0 SITE SETTING I r The subject site is located in North Naples, Collier County, Florida (Figure 1).. The property is bounded on the south by Immokalee Road and on the east by Broken Back Road,a small unpaved roadway. The property is bordered on the west by wooded land and a small plant nursery.. A few isolated residential are farther west of the north part of the site, Until recently,most of the surrounding area was wooded or used for agricultural purposes(pasture, nursery and row crops). There was no heavy industry or manufacturing in this part of the county, except for the Florida Rock Naples Quarry to the east.The quarry ceased operations and is currently in the early stages of development for a residential community. •s 3-1 • a• Former 7}ee Farm 1 ACTECProject6787-04-411d September 23,2004 • 4.0 REGULATORY INFORMATION The regulatory records search is based on information published by county, state and federal Fr:d regulatory agencies and is used to evaluate if the site or nearby properties are listed as having a past or present record of actual or potential environmental ]mown to there rmpact, Please note that regulatory listings include only those sites that are regulatory agencies at the time of publication to be I)contaminated,2)in the process of evaluation for potential contamination,or 3)regulated., The following sources,obtained from Environmental Data Management (EDM)(which updates this information on an rrri approximate quarterly basis),have been reviewed for theu.1 this Phase I Environmental Site Assessment as outlined by ASTM E1527, division 7211.sThe attached EDM report should be consulted for agency list dates and definitions. .ori • U.S..Environmental Protection A nc .pAgency(EPA)National Priorities List(NPL).. • USEPA Comprehensive Environmental Response,Compensation and Liability Information System List(CERCLIS). • • USEPA No Further.Remedial Action Planned(iVFRAP)List not • USEPA Toxic Release Inventory System List(TRPS)„ - • USEPA Facility Index System List(FINDS) rid • USEPA Resource Conservation and Recovery Information System 3's (RCRIS). n1O • USEPA RCRIS Handlers with Corrective Action(CORRA • USEPA Emergency Response Notification System List(ERNS) i® • Florida Dep artment of Environmental Protection (FDEP)Florida State Funded Action Sites List(SFAS or STNPL) • FDEP Florida Sites List(SITES or STCERC), • FDEP Solid Waste Facilities List, • FDEP Leaking Underground Storage Tanks(LUST).. • FDEP Underground Storage Tanks List(TANKS). • FDEP Solid Waste Facilities List(SLDWST)_ • 4-1 Former Tree Farm September 23,2004 MACTEC Project 6787-044114 • Florida Dry Cleaners List(DRY) 1 4.1 SUBJECT SITE The subject property was not listed in the EDM report 4.2 OFF-Sill:FACILITIES I � There were no off-site facilities identified within the referenced search distances, which met or exceeded those recommended by ASTM.. 4.3 PROXIMAL AND NON-MAPPED SITES The Proximal Sites List includes mapped facilities that appear outside of the study area,but in the proximity of the research boundary. • There were proximal sites listings in the EDM report that pertained to Florida Rock Industries (previouslyknown as Mule Pen • Quarry).. However, based on MACTEC's knowledge of the area, the Florida Rock operations area was located more than 3,000 feet to the east and not of concern to the subject site due to the distance. • There was one non-mapped facility; however, it was not observed within an area likely to affect the subject property.. I 4.4 LOCAL GOVERNMENT INQUIRIES MACTEC made inquiries at the Collier County Pollution Control Department (CCPCD) for pollution complaints or investigations that may have occurred since the previous assessment..No complains were mapped on the subject property on the complaint maps. One truck accident and fuel release was mapped slightly east of the site,but the location is specified as having occurred at Woodcrest Drive and Immokalee Road.Assuming the incident happened at Woodcrest,it was one mile east of the site and not of concern,due to the distance. 411 4-2 FormerT'ree Farm September 23,2004 MACTEC Project 6787-04-4114 5.0 SITE INFORMATION AND USE Mr. Thomas Bates, an environmental professional with MACTEC,experienced in environmental site assessments, conducted the site reconnaissance on September 13, 2004.. Mr. Bates also performed the previous LAW/MACTEC assessments. The on-site reconnaissance was performed I .J by driving the site and visiting selected areas on foot..Parts of the site were flooded and not readily accessible..Figure 2 provides an aerial view of the site The site is composed of three parcels and contains a vacant tree farm/nursery approximately 60 acres in size.,Most of the trees have been removed.The site is bordered by the Cocohatchee Canal and Immokalee Road on the south The property is divided by a small roadway called Broken Back Road.Approximately 20 acres lies north of the road;approximately 40 acres is on the south part. The pole barn with dirt floor, observed previously, was present on the north end of the two south parcels although a portion of the roof had collapsed.A ditch had been widened on the west side of the south 40 acres Land clearing was evident on the east side of the north 20 acres.. Mr Schrotenboer, the owner's representative,indicated that except for some land clearing the site has been vacant and not used since the previous assessment 5.1.1 Storage Tanks No aboveground tanks were observed on the site, except for a large plastic tank of the type used for liquid fertilizer, lying in the ditch on the west side of the site.. The tank was cracked and contained a small amount of ditch water with no odor or sheen. No other aboveground storage tanks were observed on the site. No obvious visual evidence of underground tanks such as vent pipes,fill ports or monitoring wells were observed on the subject property(except for a septic tank).Also,the site was not listed on the regulatory lists as currently or previously having registered tanks. 5-1 I r11 Former Tree Farm September 23,2004 -n MACTEC Project 6787-04-4114 5.1.2 Hazardous and Petroleum Products Containers/Drums/Storage No chemical, pesticide, or petroleum product containers or drums were noted on the site, except -111 for one crushed empty drum on the south end of the north 20 acres..No labeling was present on the drum and no chemical/petroleum odors or staining were noted on the surrounding soil `i 5.13 Solid Waste No solid waste was observed on the site, except litter, horticultural waste from land cleating, several steel culverts,an automobile fender,and an abandoned appliance. • • 5.1.4 Sewage Disposal/Septic Tanks '1 One septic tank was observed west of the pole barn, beneath a tree. According to information obtained in the earlier report,the septic system served a house trailer that is no longer present.The '1 septic tank should be properly abandoned,if it will not be used. 5.1.5 Electrical Transformers f � 1111 Transformers have historically been an environmental concern due to the presence of'Polychlorinated Biphenyls(PCBs)used in some(but not all)units.Pole-mounted transformers were observed on the site, as noted in the previous report. They were labeled as non-PCB devices.. Also, the power company is responsible for environmental problems associated with their equipment_ 5.1.6 Water Supply and Wells Two wells were observed on the property. One is inside the pole barn. The other is on the south 1 end of the site.The larger well in the barn had been plugged as part of MLA's remedial activities. 5.1.7 Drains and Sumps There were no drains or sumps observed on-site. 5.1.8 Pits,Ponds,Lagoons and Surface Waters No pits,ponds, or lagoons were observed on the subject property.The site visit was conducted in • the wet season. The drainage ditches were overflowed and much of the site was flooded with shallow water.No sheens or unusual films were present on the observed water surfaces. 5-2 Former Tree Farm September 23,2004 MACTEC Project 6787-04-4114 5.1.9 Stressed Vegetation and Stained Soil Stressed vegetation was not observed on the site.. Areas of the dirt floor of the pole barn were colored with a bluish-green soft particulate substance. The material was surficial,had no apparent odor,and resembled the dyed marker material mixed with grass seed for hydmseeding.. 5.1.10 Odors There were no obvious strong, pungent, or noxious odors noted during the site reconnaissance except at the stained areas noted above.. 5.2 SURROUNDING LAND USE S A reconnaissance of the surrounding area was conducted in order to identify environmental concerns relative to the site Figure 2 provides an aerial view of'the immediately surrounding area The site area has historically been wooded or agricultural land, with a few isolated residences.. Most of the adjacent land use has not changed since the 2002 assessment except for Florida Rock Industries, to 11111 the east. Florida Rock ceased operations and the property to the east is in the early stages of site development for a residential community, In summary,no obvious historic environmental concerns were identified on nearby properties within an area likely to affect the subject property. The nursery to the west could be a considered a concern. MACTEC did not observe obvious concerns such as stained soils,abandoned drums,or surface water sheens along the border shared with the nursery.. 1 r.• 5-3 Fanner Tree Farm MACAW Project 6787-04-4119 September 2.3,2004 • 6.0 CONCLUSIONS MACTEC has performed a Phase I Environmental Site Assessment in general accordance with the scope and limitations of ASTM 1527-00. Any exceptions to or deletions from this I practice are described in the appropriate sections of this report. Based on the data collected during the 1 assessment,our findings and conclusions are summarized as follows.. No documented evidence of on-site contamination was found by review of updated state, federal and county information.. The site visit did not reveal the presence of recognized environmental conditions at the subject property.No further assessment is recommended in regards to petroleum products or hazardous substances, However, MAC.CLC recommends the observed septic tank should be properly abandoned in accordance with state and local codes,unless it will be used.An irrigation well is on the south part of the site and there may be a second well in the pole barn. If the wells will not be used they should be plugged and abandoned in accordance with state regulations. • 1 • 6-1 Former Tree Farm September 23,2004 MA CBC Project 678744-4114 1 1 1 • 1 • • -E0 APPENDIX A • FIGURES • • • .• • .• • • -.I • • • 111, Former Tree Farm September 23,2004 MACTEC Project 6787414114 • 1 ' • { I � { j APPENDIX B . { PHOTOGRAPHS � 4 4110 J 1 TS { 1 �� 1 . pp.777-7.• „go... • • . ,f4{.."_..... •• 1145•::.:.... . 11:,.0 ..:... 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''• ] Reference:lvficsosoft Map Point Approximate North t ] I I . , FORMER TREE FARM OMACTEC FIGURE 1 COLLIER COUNTY,FLORIDA SIIE LOCATION - 1 3627 Prowess Avenue 40 MACTEC PROJECT:6787-044114 Naples,Florida 34104 1 Former Dye Farm photogyaphs,Taken Septanbera 2004 MACTEC Pmject 6787-04-4114 S . ,.... .. :•_‘,.....,....i......... ,:t..:....t.v„..,:,..4.t,..,,. ...,..,.. ,:.,,,,k,i..g.,,,„....„....„.ci.,....,....4 .:..,A_...,:i...f.,,,..,...:,••::::...".......,..„, „........ i,....,,:.•..•.,„.;7044.:(4.4..t.it,,,,,.,,,...,...,....7.,:.•:1,....,;:_1,1,...„?.„:.,,,,..„..,..:i...!.... :;:,,-: . , , ;.•,..........:„.:.;•,....::•.........::,.:. .!„._ •,,lz;.,:::*.titt„. ..,:....... .7., ,...,.,. ..7..z.,..,, ,,,.,4,..1.1.i.,..::::y,..1.7„:1•,,I.74:4 ,:i..5::„.,: r.4.,....z.!..,:::......:.:::::.::.::::•.•: ,.:..r...,...... ...„.,„?itrat.,21:ii,,•:,...i:::&,;:;•....,:.,w:..i..1.,„,...„.,.. .„.4.,.„?.„.i..:,..,.............,.......:::,.,....„.......:,: :..,;...,4.:,..,. .„.3..i..(0.:5...,:iii•:.i.. •••• ...'if-0..3;,-ligg'i2k.: : .....444 .W411).q17)7i-.31.:.:..: ;-,.,i... r;Ns'.'!,..,.: : :1:W..... .4'fiit5.-i .:::.....-. :.... .,;..........'.-: . .i,1.,:;, ..1..14,ifi.-v.,:.v,;.....tx.,w;.:.v.,'01,0i.,!,:c,§;;.,..',I,':',..;.,',,i," ...7.-.......;';....:.•.:',V::::2'sz::-,..: 1%z"::;;i1"4.-z.':' ',`,'::::.v..:....,:::::,•.:". 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', . ,.' .1_,.'.?'-• ' .-.V-4;-: - ' Looking north over the j north Pan°f the site 7 —. ,. . •- .-...,.,- ---1.`,'A, ;,'•1-'.:''.‘.--'• ; " • - : - . . • .. . . . ..,„:•..,... , 1 . . — . 1 . . ,..'• • ''' :.7', •,.‘ . ",-. -.'‘`;''''.•-&,-\,--:-.',•.': , • • ': . '1 . • , . , _ . . . . , . , . . '••-• : . .i,.....'-'.--;•...-.:::.:-....;:'.'...-:-..--.•:-...-'.•..:-.:;.: •., :,‘. . . • • . ..... -- .. . . -- . ..•... ,.-... .•-,. J ] ''' " ''.-'•,':\--:':---.1:••••••---,..'.....'..,.:•-...,......,,-.,*•:';:',:::-;-•.-'•r...:-,•-.•••••••...'..,••;.:;-•- ;•.;";••:;:7;,':--'' i ' - •,....• 7• . , Photograph 2 ..--,,,..'-- . s-,,?-..lie',4..,,,;?s7t:, ..;:.5-'-t.,.` .,- ---.'-.. -. 4'--;-;,. .111 :,,c.-4...4.,r"..,:•-•.`i''•',%:7"..A.-s" .7-474*7,.‘94:s....P.'.,,V4.2•Vii!•'-'i-'-•- '1',---.4:••-i Looking north over the 0 I . ,., . -..,:.,,.. .:•--..: .:-----r-• -•:---•,,... s.:,',., '•,!,,,,,,.•,7"-A-..,,,I ,..-*5.7•p:-'.-;'•:-.•.''-`2-7z-z,•;:t-'-n_i•-•'':',- ,•-•-•;,-,•' •--V, 7-•-.--.• ,.• . -••- -_--+• - .••..,s. ...,7--ii6::•,.--4,s.7",f'k9•,- ',.trl•••.07,.:•:,-,•,,,,,...-4,:.7.i,,V,;•-•;,4-,--.,::•-:',.7-•.,.,::.-,-4.-:-,f.-7.4:-.•-N,..-,.,:-2,,.;;;,•,•!: south part of the site. '''...; '..'.. ...•....:, 'w-..fk"°'''.--,-:'..:"'-:'.''''''''.-':'":;'r•.44:'';'-'''':'P'i':''t'''-'.;-i-':-,':-.''''','''-',';'':','.'x':I.''::'::-l'''°'.,:.'1.-:-....--':,-.1;:',,f'-'j:•. i-':,.. . , . .., Unused irrigation well and ., . ..,,,., - .'--: -' ' :. ' • :-- - .7' -0,: .. . •-. .--..-..-,':-.,:-.-,--..,,.-• ' - - slab in the foreground. j , , . - , ., _- . . , . ... . .... . , . . .“.: .... . . . . .. , . ,. _ ._ ,...„.... . . . ..... r....- „ •.,, ,. „ , . . . , --. , . . . . I I. .,...,., r.„.:, ..„, .. ._ . - -5,„,-, .-.... - _‘;--• -,.. -!.='-.. .. --.".,_:,4„,. . ,... . , . . - ,:, .• . . •...,..,.., .'.f.,..... ..r.lii.• . , . . ....-. • ,.. Photograph 3 . , 5 1 • i '. south along the .:• ,. ., west property boundary i 1 , . I 1. • 11 .. . .... • .,‘. .. . .. .. . . .k.,, . . . .. . ..,6 110 1 I , - It- • c* ' -2t. A. .. . . . % : - i 1 1 , / Former Tree Fane P Taken September13,2004 M4C7ECProject 6787-04-4114 110 } photograph 4 �_ , P gyp �,• ., a �.1�H, az colt 3 Y P Pae barn • • • • • • • ``l� • 1 • � 4a� �. • Photogaph 5- - `".' .rig+I I 110F $ ,drum(left)and ` . abandoned appliance (center). • • g 9 k i 1 • r -:.??2::-....'s.-.., 7 9 S •1 r ��'Z.�W�' '' .::':' ::\'' '" f \-..1.:-....,1.'.. i 1r 1 ro 1•� .:.�Y i -moi \ii\ _ F'.i t _ 'L' sCx 3 " • ate ,; . a qtr R: • ._1,..;;--•.:> ,,- - -. ` � `� }t . '¢) Photograph 6 4. w ' ', F„" i 1,- °'l? -....),'\;,-',..,',1-•.'.'„). =¢' Septic tank West of the `..' ti e YY "� �'y le barn near former ,A,-...'4'-7- Y r ,' s F41,‘?-4,,'.i.-4"',.., ; , mobile home site_ v�. .Y ELS• _a + l`' 9 wY'Yti 'r' a ,...;<,:,:, I 0 -'-,..-.i,-..!;.:...:.....*.-:. -:-4'.'r.::-...-.:.:::.-43/.2, :...4,:'6,... ,,/' ,,__,6„.. .,,,,,: __,L.4 2.,,,, ,,,,,._. - 1 1 i Former Tree Farm September 23,2004 MACTEC Project V87-04-4114 so in ism APPENDIX C EDM REPORT • a. IP 01 • PIENGINVNIVERSALEERING SCIENCES LOCATIONS: • • Atlanta Consultants In:Geotechnical Engineering•Environmental Sciences • Daytona leach • Pott Myers Geophysical • Services•Construction Materials Testing•Threshold Inspection • Fort Pierce Building Inspection•Plan Review•Building Code Administration • Gainesville • Jacksonville • Kissimmee September 9, 2015 • Leesburg • Miami • Ocala Mr. Greg Musumano • Orlando(Headgaanets) Land •uest Grou • Pahn q P • Panama Panama City 9105 Corsea Del Fontana Way. • Pensacola Naples, FL 34109 : S sot e • Tampa • West Palm Beach Reference: SOIL SAMPLING Tree Farm PUD Immokalee Road and Collier Boulevard Naples, Collier County, Florida UES Project No.: 0540.1500070.0000 Dear Mr. Musumano: Universal Engineering Sciences, Inc. (UES)is pleased to present the results of our soil sampling at the above referenced site("subject property"). On August 14, 2015 UES obtained four (4), surficial (-6 to 12 inches below land surface) soil samples. Three (3) soil samples (B-1 to B-3) were obtained at the subject property and one background or control sample (B-4)was obtained at an offsite property to the east. One of the • three soil samples obtained onsite was collected from the onsite septic system drainfield near an abandoned pole barn (sample B-2). The soil samples obtained were analyzed for the 8 RCRA metals(Arsenic, Barium,Cadmium, Chromium, Lead, Mercury, Selenium and Silver) using EPA Method 6010 and organochlorine pesticides using EPA Method 8081. Sample locations are presented on the Location Plan attached. The soil sampling activities were conducted in accordance with the Florida Department of Environmental Protection's Standard Operating Procedures as required for General Sampling Procedures(FS 1000), Soil Sampling (FS 3000)and according to the Cleaning/Decontamination Procedures (FC 1000). Each soil sample was placed into pre-cleaned laboratory sample containers and sent on ice to ENCO Laboratories (ENCO) in Orlando, Florida for laboratory analysis. A summary of the soil analytical data is attached in Table 1. Copies of the Chain-of-Custody Documentation and Laboratory Reports are also attached. Arsenic was reported by the laboratory at a concentration of 2.47 milligrams per kilogram(mg/kg) in soil sample B-2. This concentration exceeds the Direct Exposure Residential (DER) Soil Cleanup Target Level (SCTL) of 2.1 mg/kg for arsenic per Chapter 62-777, FAC. Arsenic was reported at a concentration of 0.624 mg/kg in soil sample B-4 which is below the DER SCTL of 2.1 mg/kg. Arsenic was reported below laboratory detection limits in soil samples B-1 and B-3. • 5971 Country Lakes Drive,Fort Myers,Florida 33905 (239)995-1997 Fax(239)313-2347 www.UniversalEngineering.com ii p UNIVERSAL ENGINEERING SCIENCES III Consultants In:Geotechnical Engineering•Environmental Sciences Geophysical Services•Construction Materials Testing•Threshold Inspection Building Inspection•Plan Review•Building Code Administration Based on the reported concentration of arsenic in soil sample 9-2, on September 2, 2015, a confirmatory sample was obtained (CS-1) at a depth of 6 to 12 inches below land surface at the location of sample B-2. Arsenic was reported at a concentration of 0.765 mg/kg in soil sample CS-1 which is below the DER SCTL of 2.1 mg/kg. As such, no further assessment is warranted at this time. Review of the laboratory analytical report indicated that although detectable concentrations of mercury, barium, chromium, lead, selenium and silver were observed in the soil samples as indicated on Table 1,the concentrations were below their respective SCTLs per Chapter 62-777, FAC. All other parameters were below their respective laboratory detection limits (BDL), which were sufficient to detect exceedances of SCTLs for each parameter. The findings of this report represent our professional judgment; UES offers or extends no warranty, express or implied. These findings are relevant to the dates of our site work and the information cited herein. This report should not be relied upon to represent site conditions on other dates or at locations other than those specifically cited within the report. Universal Engineering Sciences, Inc. can accept no responsibility for interpretations of these data made by other parties. Should you have any questions concerning this report, please contact us at your convenience. Respectfully Submitted, III UNIVERSAL ENGINEERING SCIENCES ,- iiiiiino Matthew A. H '�4 • .1/'�i,,� Staff Engin . Staff ••�''F''% egit ii.• s••O i Michael c .1' •, • ; Senior G=• ' • .../.9!..,....; ‘ 9,. \ - Florida License, • �l�'�iii'i ,,` 3 cc-addressee(email:gregrlandquestgroup.com) Attachments: Sample Location Plan Table Laboratory Results and Chain of Custody Report • 5971 Country Lakes Drive,Fort Myers, Florida 33905 (239)995-1997 Fax(239)313-2347 www.UniversalEngineering.com 01.1_/,e Exhibit D • , COLLIER COUNTY Final Compliance Agreement r • . ti • oe,yS DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 East Tamiami Trail Heidi F.Ashton Naples,FL 34112-4902 Jennifer A.Belpedio Telephone:(239)774-8400 Ellen T.Chadwell Facsimile:(239)774-0225 Jeffrey A.Klatzkow William E.Mountford Thomas C.Palmer Michael W.Pettit Jacqueline W.Hubbard June 16,2005 Marjorie M.Student Scott Teach Patrick G.White Timothy G.Hairs Robert N.Zachary Quarles&Brady,LLP 1395 Panther Lane,Ste. 300 Naples,Florida 34109 RE:Compliance Agreement between Collier County and Tree Farm Land Trust Dear Mr. Hairs, Enclosed please find an original copy of the Compliance Agreement between Collier County and Tree Farm Land Trust,which was recorded today,in Official Records Book 3823 at Page 1809. • Please know that the Compliance Agreement requires the applicant to provide a copy of the Compliance Agreement to the County along with its application for a Planned Unit Development. If you have any questions,please do not hesitate to contact my office. Thank you. Sincerely yours, ennifer A elpedio Assistant County Attorney JAB/tlk Cc: David C. Weigel,County Attorney • 3640632 OR: 3823 PG: 1809 RICO= to OFFICIAL uCOADR of COLLAR 0001T1, IL 06/16/2005 at 12:O1F1 DDIGHT F. /ROCK, 01111 Prepared by: He 711 69.50 • Jennifer A.Selpedio Rote: Asaistant County Attorney COMM ATTORIII 2800 North Horseshoe Dr IIT11011ICI Suite 300 ATTI: J1111111 A 83lUOIO Naples,FL 34104 COMPLIANCRAGREEMENT This Compliance Agreement("Agreement")is entered into and made on thisV-dayof 1- 005, by and between Collier County(the"County") and the Tree Farm Land Trust, ("Trust")(hereinafter referred to collectively as"the Parties"),with respect to vegetation removal on property identified by the Propert . ..$r G tuber 00187240000. C) RECITALS WHEREAS, on July 16 t t•., • my al ged :t getation removal violations 17 (Code Enforcement Case Nom. t t' t 7 4)�'i� ated at the northwest corner • of the intersection of Im • ,..i - Road and Collie's; .ul-vat. .: d identified by the Property Appraiser as Folio Number 00 • -• US t t ("Subject Pro. WHEREAS, the Parties ac `• � :ti �. arm Land Trust, and Timothy G. Haim, as its Trustee, being the property owner and respective agent, are responsible for any violation;and WHEREAS, an analysis conducted by consulting ecologists, Panatella and Associates, Inc., on November 2, 2004 asserts that 1.13 acres of 2.02 acres of existing native vegetation on the Subject Property were removed. (See attached Exhibit "A," letter from Elena Mandia to Don Schrotenboer,dated November 2,2004) WHEREAS, on October 11, 2004, County staff, and the Trust's representatives met to 1 of • I OR: 3823 PG: 1810 • identify the prohibited vegetation removal and to discuss the abatement of the allegations in an effort to resolve the dispute; and WHEREAS, RWA Consulting, Inc. (RWA)proposed that the Parties resolve the matter by executing a compliance agreement to include the requirement that the Trust agrees to pursue a rezone of the property and retain or restore, as appropriate, the amount of native vegetation required by land development regulations at the time of the rezone. WHEREAS, the County Transportation Department has indicated to the Trust that it intends to acquire a 100-foot wide strip of land extending the entire length of the eastern boundary of the Subject Property for the •. . of a right-of-way expansion of Collier Boulevard;and � Cook WHEREAS, the vast - G �. 1.13 acres o e j ge ion that was cleared without authorization is located wi in . ' -.f41 -. _• the County Transportation 1)• Department;and n t \ [--1 WHEREAS, Code � • meet staff, Coun taff, and the Environmental Services staff met to discuss R"41 ' al and other ,• - ; actions that may be taken by the Trust to resolve the issue;and 41E, CjRC WHEREAS, the Parties desire to reduce their agreement of all such claims or controversies to this writing so that it will be binding upon the Trust and the County and their respective predecessors, successors, heirs, assigns, spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties, and affiliates;and NOW THEREFORE, in consideration of the mutual covenants and promises and considerations set forth in this Agreement,the sufficiency of which is hereby acknowledged by the Trust and the County, the Trust and the County hereby agree to the following: • 2of6 OR: 3823 PG: 1811 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes 110 referred to as"Whereas clauses,"by reference into the terms of this Agreement. 2. The Trust agrees to either a)submit a complete and sufficient rezone application (Application) to the County or b) submit a complete and sufficient mitigation plan/revegation plan and any other required applications to the County along with the required fees no later than August 1,2005; 3. The Trust agrees that it will notify the Collier County Code Enforcement Director in writing if it is unable to submit either application as set forth in Paragraph 2 by August 1, 2005. The Trust agrees to set forth the basis for its request and the extension of time necessary O ff' " CpU t. in its request; 1 4. The Trust ay - i 4:6111.1114;071111 'ay the Coun : y quired after the fact clearing fees for any area cleared wi ou 5. The Trust a - :CA • mut tpc rezone expires because of a - ' ' • failure to improve the prope,,,,,an the Trust wia ,lete and sufficient mitigation plan/revegation plan and any ' '-0.. ired application • t County along with the required fees no later than the date of expirati m. t i giit , a 0 the rezone; 5. The Trust also agrees that its Application will set forth terms that are consistent with the Preservation Standards set forth in Land Development Code Section 3.05.07 H.l.e for mixed use development, and a copy of the analysis conducted by consulting ecologists, Passarella and Associates,Inc., on September 17,2004; 6. In consideration of Trust's agreement, as set forth above, the County agrees that the percentage of native vegetation preserved will not include: 1) any portion of the subject property which is is acquired by the County as part of a right-of-way expansion of Collier 3of6 • OR: 3823 PG: 1812 • Boulevard or 2)any portion of the subject project which was lawfully cleared(i.e. with a permit,if required); 7. The County also agrees that it will grant a reasonable extension of time of the August 1, 2005, deadline if the Trust's request is in writing and demonstrates that a delay has occurred due to unforeseen circumstances not caused by the Trust. 8. This Agreement is freely and voluntarily executed by County and Trust subsequent to their being apprised of all relevant information concerning this Agreement and upon advice of their respective counsels. 9. The Parties hereto agree that this Agreement supersedes and replaces all prior • • agreements and understandings • . 2. . './r: . ‘; 're agreement between Respondent Trust and the County and no 6 • •4 ments exist, ,ral i r written, between the Parties relating to any matters cove art r whatsoever. • 10. The Parties • • • • • e the • : acts, additional and different or contrary to the facts whic r• believe to exist, :,. o e 61 r may be discovered after this • Agreement has been entered, . 't ' • 'es agree that . 0 additional, different or contrary � L facts shall in no way limit,waive,affe2:EiberFhis► _ nt. 11. Except as expressly provided for herein,the Parties represent and warrant that in executing this Agreement, they do not rely upon, nor have not relied upon, any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter,basis,or effect of this Agreement. IN WITNESS WHEREOF, the Trust and the County have executed this Agreement, which consists of six (6) pages, on the date as first set forth above and as sworn to and acknowledged by and through its duly authorized representative. • 4of6 OR: 3823 PG: 1813 Signed,sealed and delivered . in the presence of: TREE FARM LAND TRUST �.- - 1.-... .�: /. .-I cf ANG / ON/i4+2 44- ' — Printed Name of Witness Timothy G.Hairs,Trustee of Tree Farm Land Trust giv,� 90APL; 1 ,310.44,mi /2,4-ch 1 Punted Name of Witness I I STATE OF FLORIDA COUNTY OF eoLL/ax.. R C00-A, V. BEFORE ME,the and ,:i notary public,perso, .1 y i,peered 77477 / /WAS ,as_ ~� o FARM LAND TRUST I n— I who is � � -• •,own to if e , � .(,It:" Iivni = TI as identification,and acknowl-.g-, .: '' . H : of TREE FARM LAND TRUST and that(s)he was .. , ; k ,,,•% . .IV_ _� 11111 IN WITNESS WHE' ''+i I hereunto set my :!:•. . .y• ial seal. G O _4 4.1Fi I)'7 PUBLIC,STATE OF FLORIDA i us,4nlaf6 Hou/ R.0 (Print Name) i My Commission Expires: I I (SEAL) _ euwee:Naw� I ., '�� trrcoweee eressoa •. I 5of6 I I III i i OR: 3823 PG: 1814 • COLLIER COUNTY,FLORIDA BY: AMES V.MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: Jenni r A.Bele to Assistant County Attorney STATE OF FLO .1 A COUNTY OF ► ' QXC COU appearo . Q �`;') Y NAMRE ME,the ti y hi, �.• ,: • ,as '��ri I l�t�W of COLLIE''a ►' ,who is personally known to me or who produced =� : idea+ Ica . . and acknowledged i]iar (she executed the same on a 1 of • •, r ' 0 411, an. • : (s)he was duly authorized to do so. • IN WITNESS I. .,ea• ^ - P:1117\,,. . it al • l, � � •� `' ��' c LIC, TE OF FLORIDA (D2 IetV TSE CI':`�'4 1' I( e—) t Name) My Commission Expires: (SEAL) I 'rr°awsequ • m4,SOX I r ' eo1rwnw6/r►rrru�rr. 6 of 6 • f OR: 3823 PG: 1815 S PASSARELLA AND ASSOCIATES,INC Consulting Ecologists II , 9110 College Pointe Court / Fort Myers,FL 33919 .' Pitons(941)274.0067 Fax(941)274-0069 TO: Don Schrotenboer FROM: Elena Mandia DATE: November 2,2004 RE: Tree Farm PUD Project No.04AMF1030 Vegetation mapping for the subject .0%* •. 4'.4i,�i . using 2003 rectified Collier County Property Appraiser's color aerials b ;:" , . ... to map the vegetative communities was conducted on ' � . 18, 2004 • : �:: . Florida Land Use, Cover and Forms Classification Systems ?41006,' Level III. • FLUCFCS was utilized to denote exotic species disturb.' ce. P 1 -i - •• ,.1.) -• • •• was used to determine the acreage of each mapping . �. p•.1,• • • . ` • ...FLUCFCS map(Figure 1). A total of 11 vegetative • ;. -ati.7.44:1111,, I •t 4 -)were identified on the L►l property. Of the i 1, only tw; .) • • ve vegetation communities. III Those areas are the Pine : • ; • `^ Exo i'--. l':•a ' CFCS Code 4119 E2) and Pine Flatwoods,Disturbed, •..t 50-75%(FLU lif,'1_ •.e ). These areas total 2.02+ acres of native vegetation. The total of unauthorized cleared • :.. •� - •: - acres based on the FLUCFCS map, a site visit conducted on Septem. 4..► * aerial photos taken on July 22, 2004 (Figure 1). The native vegetation that remains on .e site after the clearing totals 0.89*acre. The native vegetation to be retained for the site with 15 percent native vegetation preservation would be 0.30E acre. If 25 percent native vegetation preservation would be required,than 0.51* • acre native vegetation would need to be retained. EM/bmw Enclosure cc: Robert Mulhere,w/enclosure 'Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classeication System. Procedure No.550-010-001-a. Third Edition. EXHIBIT 4 III 11111 • 0 R. 't + f ! 11 • k. 1• ( r !! ' y •rr I . 1 , li e 11 1 f 1 • , aF i x' 24- f O MO e .. Cif 14 ,j �:,� $'�"Yf-.� ._'-a",' SII • Illi. Crimg ..,,,,../S{. `:1ssi�. jT.w.. ta' .m!es,+ • _ _ _ _ ' " ? S i 1 em' MEI PIM&POOSONONI w .erw%MINI trIIrn -ORM Pwrt•rO1 pp .wNasMOS wArumCOSIONNINOINIMP+aa 461111trr r airw,ra-�rw•n aba.rir SI n.a +•e w�1yrao:�waw�raw .•r ua AMPS YO 171w1aw■1wa aTnrarwwr�p w... s s�+ Bami rim,wR.nr r waa�R+Maaw yr. 14 � .PwAw Vw. LhLLS.W M OT MN la au 14a 0111111M0 Mad 1111011i1.1111, _ IMMO fill mom um,ma TT, N Vim. -M .1Raaf NUMB Raf OWL . MK =;..••• MO.NM —S ma aarsf�wrsw aro Nor • M a NM NOT wwaa RM�YlOT MINN {� '""•' PasrlRlClr. w wR.wr�rsanwi 111....11111111.111=111----'• a� iicorirss rx Cana+KtSn4 lboteyleca ma Mal PUO 3ra ary.wrr.6.t Arc M.a rtwu.urn °u.'"°i"moo IIIII.sacra sae.owl v. Tree Farm Mixed Use PUD Rezone Collier County,FL • Deviation Justifications Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be a minimum of 3' in height. The proposed deviation will allow for additional visual screening and noise attenuation from the traffic along the Collier Boulevard Extension and from existing and potential nursery or agricultural uses to the west. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. • „”. AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: OCTOBER 22, 2015 SUBJECT: PETITION VA-PL20140001970, 1063 DIAMOND LAKE CIRCLE PROPERTY OWNER/AGENT: Owner: Geneva B. Spencer Revocable Trust Agent: Carlo Zampogna 1128 Linden Dr. 711 5th Ave. Ste. 200 Bloomington, IN 47408 Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for a Variance from Section 3.5 D of Ordinance No. 05-14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 5.9 feet for an existing mobile home with a front yard balcony. GEOGRAPHIC LOCATION: Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from the minimum front yard setback for an existing mobile home with a front yard balcony. The existing mobile home encroaches 3.63 feet and the balcony an additional 3.45 feet into the front yard setback, for a total encroachment of 7.08 feet. The total protrusion of the balcony is 3.45 feet; however the Collier County Land Development Code (LDC) Section 4.02.01 D.7 states that balconies which are unroofed and unclosed shall not project over three (3) feet into a required front, side, or rear yard of a single- family residential dwelling; staff deemed mobile homes included in this definition. Thus, the total encroachment for the front yard setback is 4.08 feet (3.63 feet for the mobile home and .45 feet for the balcony)and variance request is for a new front yard setback of 5.9 feet because the VA-PL20140001970. 1063 Diamond Lake Circle Variance September 23,2015 Page 1 of 9 O O 51 -------- 1111W-417 lir 1114111111111111111.1 — g 11 Nt- q ? i-/ I i /1 ' . frrr TI1' � 0 L Z 1 11 1 /11C) -NII4 '\__, - ' 1 a V.N. 7 ,e 6. r 0 ` J ( + MR bpi ..•• •+o ..,,....,. ....... ' /I y t$ C 11 ' C41 P' 6 li -6 IF \3 ilIV 'et4,"'4. w y _ `, 1ll LT -. _ _ 13 _) A ill — i ii i z - / al 1 l tk ; D 7 RUT To sc/1 r N ( Cq -i 0i > -4 73 cri r C 1 _... 0 COLLIER BOULEVARD (S.R. 951) -4; m tlanalgaC b N �� ? L I v g 6 itrurrrtrr.F'►2 a 9 m, ok7r ( i `� OPAL LAKE PIC�'1 a 1 i Chi CHARIOT Ci. _AL ,7 641 - —il X 11-14 z : s - C §TEG r , . c -� it1 yJADE LAKE PT.±i Feta'' est 23 7 !F+ _ S 1" r 't7 E►4 T i t Y '� To,* LAKE LN. S. N cl <' � Er ro r.. 133 m comm.!cr. Y "" ``'4 44,0; i z <WV; A., g i 44/11,I. til li g i p F's, .-le, I m A h'hN RA.L.Wi e.$e.Phdaat ..:OM Eli N.w1.72rta AYEE UE ! 7604 021,PRADO ELVO SOUT1+ III SUITE 3026 SUITE NO.202 UNIT 1 MIAMI,FL0R 9A 331 ZS 3 CAPE CORAL,FL 33904 __... PM- 43041 232 C.-W., e.Pa- 239'P40-SEND' MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 N t 24'ASPHALT $ _ TRACT"Ft"(N.A.P.) F.N.D. BLOB. S68•iP42'E F•N.D. C NO IR 60'TOTAL RIGHT-OF-WAY NO ID' 35.00'S18°17'42" — u rw ( R fA) (A) $ $... ovc.(A) 5 g a 16'PWY c DRNEWAY a.i F.N.D, J A F.I.R.51r L.8.95109 (A)BALCONY LB#5108 ' 4 SEF.: EWER i i� T' Ski"""� 10'U.E. 5.50' b "A PC 5.50' ioir--� FLP.102^ L___ :I f 2400 _ ,.._� J. NO CAP L (B) (B)B J .�, _ II I 250' .A t ONE STORY U.E.6 D.E. P • MOBILE 11 1(C) ($)PAD 1 HOME r $ 3 1 4 1063 7 p" S o l . ;° LOT-11 wOi J $ ai+• N ION BLOCK-1 • O f' BLCICF ;1 'QOV LOT-13 METER M N 1 I 0 ALOOF-t COUNTER 0 f 1 1 y2.5O' h 1 1 i 2.7p U.E.A D.E. U.E.d D.E 5. Lw ter~ f4.Q5' .3��ry:8b �:� 1 5.49' 2.50' COVERED PLASTICU.E.&D.E. LANAI ` i STEP (G) S M.E. I I 6M. E.;.)_Q}\. I �DE. 1 FDR.S/6' i' 3S AVFRS 1 1 d M.E? F.I.R.' 5v' LB.#3964 S88°17'42"E LB.#5709 tIf'TO WATER L TOP OF?"e I-SAI f. t 00.TO _ WATER APPROXIMATE TRACT"CR4"(N.A.P,) EDGE OF WATER SILVER LAKES, PHASE ONE ro7/OSL2o25) PB. 20 PG 91 AND 92 ENCROACNMENTNOTES: A NORTH SIDE OF THE SUBJECT PROPERTY CONCNE 7E DRIVEWAY BALCONY MOBILE NOME AND BRICE PAVER ARE ENCROACHING INTO THE iR FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICE PAVER ARE ENCROACHING INTO THE NIGH!OF WAY OF 01AATON0 LAKE CJRCI.E 3 WEST SIDE OF THE iJSJECT PROPER TV BRICK PAVE AND AIR CONDITIONER PAD ARE ENCROACHING INTO TME 2 SP FOOT UTILITY AND DRAINAGE EASEMENT ANC CABLE 905 0E5 INTO THE SL.'BRECT PROPERTY. 0 EAST WE OF THE SUSJECT PROPERTY PRICE WALE ANO Pt AS MIC STEP ARE ENCROACHING IN TO THE 250 FOOT UTILITY mo DRAINAGE EASEMENT O SOUTH SIDE OF THE SUBJECT PROPERTY BRICK PAVERS AND CONCRETE SIAS ARE ENCROACHING INTO TME a TOOT DRAINAGE AND MAINTENANCE EASEMEAT LEGAL DESCRIPTION: DRAWN BY: AHV P��oSRq? LOT 12 BLOCK 2,SILVER LAKES PHASE TWO-A,ACCORDING TO THEPLAT 4, - �l r,,, 9'`. THEREOF.RECORDED/N PLAT BOOK 24.PAGE 54.55 OF THE PUBLIC SCALE: 1`=20* 67700- RECORDS OF COLLIER COUNTY.FLORIDA. 0 STATE OF CERTFICATIOM• FIELD DATE: 07/06/2015 GENEVA B.SPENCER. TRUSTEE IAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 k4 L LAW L.947806 SEAL SHEET: 2 OF 2 balcony is permitted to encroach 3 feet into the front yard. This mobile home is located in the Silver Lakes MPUD, Ordinance No. 05-14, as amended. The front yard setback is established in the MPUD Section III, 3.5 D. Front Yard: Ten(10) feet. The mobile home and the balcony also encroach into the 10-foot front yard utility easement which is dedicated on the Silver Lakes, Phase Two- A Plat, recorded in Plat Book 24, Page 54 (attachment C). Letters of No Objection were signed by FPL, CenturyLink and Comcast with regard to this encroachment of 7.1 feet into the 10-foot front yard utility easement (attachment I)). The applicant states they were unaware of both encroachments until trying to sell the property. The applicant wishes to remedy the encroachment by creating a new front yard setback of 5.9 feet. • 1 i I i E i II i 1 / 1 ) ,.,... _. v , , 3 , i. . , ,, fr v._ 1 .4.4.4. r.: -- x i -11it it r VA-PL20140001970. 1063 Diamond Lake Circle Variance September 23,2015 Page 4 of 9 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family manufactured residential development, with zoning designation of MPUD, specifically the Silver Lakes MPUD. North: Diamond Lake Circle ROW followed by ASGM Business Center of Naples Planned Unit Development (PUD) East: Single-family residential development, zoned Copper Cove Preserve Residential Planned Unit Development(RPUD) South: Single-family manufactured residential development with Silver Lakes MPUD, followed by the Copper Cove Preserve RPUD West: Single-family manufactured residential, zoned Silver Lakes MPUD followed by Collier BLVD ROW to • r r mow mow MUM gam 11 sir" 11.3 17111117. 11 U rt, '�irc ! 4 A Aerial photo taken from Collier County Property Appraiser website GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Urban Mixed Use District land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned facilities are concentrated. The Growth Management Plan (GM?) does not address individual variance requests; the Plan deals with the larger issue of the actual use. VA-PL20140001970. 1063 Diamond Lake Circle Variance September 23,2015 Page 5 of 9 ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land,structure or building involved? Yes, there are two special conditions. First, the applicant had an engineering firm evaluate the possibility of removing a piece of the front part of the home to meet setback requirements. This same engineering firm concluded that, "it would be structurally impossible to remove approximately 3 feet from the front of this unit" (attachment E). Second, the applicant's home is not located on a busy thoroughfare and aerial observation shows many of the neighborhood mobile homes, of similar size, closely approach the front yard setback as well as the utility easement. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. The mobile home building permit(PRBD1999082043) was cited with proper setbacks and issued a Certificate of Completion (CC) on September 27, 1999. Moreover, per the owner,the encroaching balcony was a part of the original,mobile home, structure. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation would leave a portion of the mobile home encroaching within the front yard setback. In order to remedy this without a variance they would either have to: 1) shift the entire home back or 2) remove a piece of the front part of the home. The first option would be impossible as the home would then encroach into the rear yard setback. The second option is unfeasible as it is structurally impossible to remove a piece of the front part of the home as stipulated by the applicant's hired engineer review. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? Yes. The applicant is only seeking the minimum variance which will put the mobile home and balcony into compliance with the front yard setback. The mobile home and balcony have encroached for the past 16 years without harming the configuration of the neighborhood,or the health safety and welfare of the community. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 6 of 9 No. Aerial view of the neighborhood shows various types and sizes of mobile homes, RVs and other recreational vehicles. This mobile home is one of the larger structures on the lake side, in the Silver Lakes PUD Tract A development. Many of the other mobile homes, of similar size and Tract, come close to the front yard setback property line. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the granting of this Variance will be harmonious with intent and purpose of the LDC and there will be no injury to the neighborhood; based upon the 16 years the structure has already encroached into the required yard. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The mobile home is not located on a main thoroughfare and therefore an encroachment into the front yard setback does not place the applicant's home closer to a busy thoroughfare. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL20140001970 1063 Diamond Lake Circle on September 25,2015. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-PL- 20140001970, 1063 Diamond Lake Circle Variance with one stipulation. STIPULATION: 1) That the applicant obtains a permit for the canceled permit, PRBD1999091795, which includes the addition of"FAM.RM. BATH & CARPORT" (attachment F). The "ADD RASIED DECK" on attachment F, PRBD 1999091795, refers to the back porch and was altered for compliance and subsequently COED (attachment G). VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 7 of 9 ATTACHMENTS: Attachment A: Variance Petition Application Attachment B: Ordinance 05-14,as amended Attachment C: Silver Lakes,Phase Two—A Plat Book Attachment D: UE Letters of No Objection Attachment E: Kosinski Engineering Affidavit Attachment F: Cancelled Permit PRBD1999091795 Attachment G: PRBD2014123348701 and rear photo VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 8 of 9 PREPARED BY: 4 '7 2 . lS RACHEL BEASLEY, PLANNER DATE ZONING DIVISION REVIEWED BY: Ar q ' RAYMON: ! P . B LOWS, ZONING MANAGER DATE ZONING t/ISION 1 - MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DIVISON VA-PL20140001970, 1063 Diamond Lake Circle Variance September 23,2015 Page 9 of 9 I Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiiiergov.nnet (239) 252-2400 FAX:(239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning Dis rice LDC section 0.04.00&Code of Laws section -83-2-90 Ch ,pter 3.1.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED Name of Applicant(s): 1'-1'CA/GI B • Sp Cr-)c e Y Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Name of Agent: 1Q V l 0 1..Q YY1 poq vmGi Firm: ZQ rn.pO9 no L-Q W Address: l l l 5*1 ,VC S ,SWt2ity: NOpICS State: - ZIP: 'll IO2-- Telephone: 2 • 2Co 1 •OSg2 Cell: Fax: 23q •2414 •9 2-3 Cv E-Mail Address: GQr to e 2Q m poq r- 1- L--a W • Corr-) ":. !.t".'/." I, rOL11•TY HAS LODEYIST I:ECUL1.TIONS. c.,& ; : .!'.. . € ;. .t:,' V 1.1 !.I., Ia;COMPI.IIINct 1.7111 I IESE 1;r^'r r ,.•,f Attachment A 6/4/2014 Page 1 of 6 Collier County COLLIER COUNTY GOVERNMENT 2s00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6355 PROPERTY INFORMATIONJ Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) — h b rt B Property I.D. Number: "13U'25oo-1 341 Section/Township/Range: )C) /S I / 2C9 Subdivision:u 30,4-1b0 Si 1 VCr L—GS PrcaseIvoAUnit: Lot: I? Block: Metes&Bounds Description: Total Acreage: Address/General Location of Subject Property: I©Co 3 p 10 r r o rnc1 LQ kt CI rc 1 e Naples 341141 -- cI 2.12_ Zoning Land Use N MP LAD 1je.vc loped;S irgle von-01 man Itcactured ps's aex,c.e, S MPOO _IX<IOPCC1 Single yank, t\lon '•• rut ees►c eY►c;� E MP>A perttOpcd , fog1C Ittn'th Man 1,0 ted Resldrevu w mPlAt, jerc ltreO „Ilnpc ftniiimanufodu.tai+2gl ent_e. Minimum Yard Requirements for Subject Property: Front: 10 Corner Lot: Yes n No gj Side: S Waterfront Lot: Yes No V] Rear: 8 Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 6/4/2014 Page 2 of 6 Ii Iller County COLLIER COUNTY GOVERNMENT Zts00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at lftin://v:ww.colliergov.nr:t/Index.aspx?page=771. Name of Homeowner Association: S y lv C Y Lc)k-t S i2e0 l ice} , Inc Mailing Address: 100 ( S 11\1 tY LAY-CS \thity: Nap\eS State: - ZIP: .-34111•z4 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: On a separate sheet,attached to the application, please provide the following: E.X t b i+ G 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e. reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure,or building involved. 6/4/2014 Page 3 of 6 Cod er County COLLIER COUNTY GOVERNMENT M/0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.c911i:Igov.net (239)252-2400 FAX:(239)252-635& b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Ei Yes[XNo If yes, please provide copies. 6/4/2014 Page 4 of 6 t ColiTer County COLLIER COUNTY GOVERNMENT 28O0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. # EQUIREMEN1S FOR REVIEW t 0 Cirri!s k i,; i :;70 Completed Application(download current form from County website) ❑ ❑ ❑ Pre-Application Meeting Notes 1 ❑ - Project Narrative ❑ ❑ ,( �7,c°^.t ' `rl rc Q-011 t 1 ❑ Conceptual Site Plan 24"x 36"and one 8 Y:"x 11"copy ❑ 0j El Survey of property showing the encroachment(measured in feet) 2 ❑ Ai! r. signed and notarized 2 ❑ Deeds/Legal's 3 0 0 Location map 1 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 El ❑ Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments ore posted,provide the assigned 1 ❑ _, ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/4/2014 Page 5 of 6 CO 'er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierpov.net (239) 252-2400 FAX:(239)252-6358 I Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet 171- Addressing:Annis Moxam 0 Graphics: Mariam Ocheltree ❑ City of Naples:Robin Singer, Planning Director ❑ Historical Review Comprehensive Planning:See Pre-Application [] Immokalee Water/Sewer District: Meeting Sign-In Sheet 0 Conservancy of SWFL:Nichole Ryan Q Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay 1-1 Emergency Management: Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen Pre-Application Meeting:$500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5`h and Subsequent Review-20%of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples, FL 34104 fj .--7 .y(7 / -7..._k i ''''' App‘Signat Da ' ij'l!o1 i1kt r '.<LA ((r 'ed.\J--)A-4,vt, )1' Printed Name 6/4/2014 Page 6 of 6 VA-PL20140001970 REV: 1 1063 DIAMOND LAKE CIR " DATE: 2/6/15 Co er County DUE: 2/23/15 COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type:_ O (' i)/QD1 Date and lime: 9 . l"'[. L,4® `1: Assigned Planner:MICIAEL.. 484414421:2% Engineering Manager(for PPL's and FP's): Project Information Project Name: /jIL PL#: 1•.DI 4. 191C) C) Property ID#: 1 2e Current Zoning: MRAD Project Address: Iaj tX4ML .LLk,,c1e City: 14Ap4Rt. State: Zip: Applicant: Agent Name: M l Phone: 214 . Z Agent/Firm Address: (..464 City: State: Zip: Property Owner: (I -y4 , ilc Please provide the following, if applicable: i. Total Acreage: ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: M JO lil3k vi. If the project is within a Plat, provide the name and AR#/PL#: .1. _ CD .ter_ Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED ,j- Completed Application(download current form from County website) ® ❑ 4- Pre-Application Meeting Notes 1 ❑ Project Narrative ❑ t Completed Addressing Checklist 1 ❑ Conceptual Site Plan 24"x 36"and one 8 Y"x 11"copy ❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ❑ •t Affidavit of Authorization,signed and notarized 2 ❑ Deeds/Legal's 3 ❑ Location map 1 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated, FLUCFCS Codes with legend 5 ❑ ❑ included on aerial Historical Survey or waiver request 1 ❑ Environmental Data Requirements or exemption justification 3 ❑ Once the first set of review comments are posted, provide the assigned 1 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all /2 11 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/4/2014 Page 5 of 6 S&94Y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet Addressing:Annis Moxam!:, Graphics:Mariam Ocheltree City of Naples:Robin Singer, Planning Director Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky Other: A Utilities Engineering: Kris Van Lengen FEE REQUIREMENTS IS Pre-Application Meeting:$500.00 t-- re_ �74 Variance Petition: ` JJjj o Residential-$2,000.00 ��' c.,4.it o Non-Residential-$5,000.00 4toXe- o 5th and Subsequent Review-20%of original fee cue 7+ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 "Nnhvi\� ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee Pau\ ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners 1-'ll--k The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 73625007347 Site Adr. 1063 DIAMOND LAKE CIR Name/Address SPENCER TR,GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 1128 LINDEN DR City BLOOMINGTON State IN Zip 47408 Map No. Strap No. Section Township Range Acres `Estimated 6B10 630400 2 126610 10 51 26 0 Legal SILVER LAKES PHASE TWO A BLK 2 LOT 12 Millage Area 0 21 Millage Rates 0 *Calculations Sub./Condo 630400 - SILVER LAKES PHASE TWO A School Other Total Use Code 0 2 - MOBILE HOMES 5.58 6.2197 11.7997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $87,000 09/03/98 2457-2315 $43,000 (+) Improved Value $ 32,259 03/20/95 2040-766 $ 37,900 (=) Market Value $ 119,259 (=) Assessed Value $ 119,259 (=) School Taxable Value $ 119,259 (=) Taxable Value $ 119,259 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html'?Foliol D=73625007347 12/17/2014 VA-PL20140001970 REV: 1 1063 DIAMOND LAKE CIR DATE: 2/6/15 DUE: 2/23/15 c.oiiier i.ounty rroperty appraiser Page 1 of 1 Property Detail Parcel No. 73625007347 Site Adr. 1063 DIAMOND LAKE CIR Name/Address SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 1128 LINDEN DR City BLOOMINGTON State IN Zip 47408 Permits Tax Yr Issuer Permit# CO Date Tmp CO Final Bldg Type 1999 COUNTY 9908-2043 09/27/99 2000 COUNTY 9909-1795 ADDITION Land Building/Extra Features # Calc Code Units # Year Built Description Area Adj Area 10 RESIDENTIAL FF 35 10 1999 PMH 504 504 20 1999 ALUM CABANA UNFIN 509 509 30 2014 ALUM SCREEN PORCH 357 357 http://www.collierappraiser.com/main_searchiRecorddetail.html?Map=No&FoliaNum=73625007347 9/23/2015 Collier County Property Appraiser Property Detail f Parcel No. 73625007347 ! Site Adr- 1 6 DIAMOND LAKE CIR M �— Name/Address.. SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/1I/92 1128 LINDEN DR ._._ ..�._._....._.._..._..._.,._.._...__._ M BLOOMINGTON ._State,INN — I ZIp 47408 Tax Yr Issuer Permit# ! CO Date Tmp CO Final Bldg Type _ Land _ Building/Extra Features - ----^Calc Code 4.! Units i r #r Year Built Description�~ Area Act Area 1 L _ PUD UNITS BUILDABLE 1 1 1 1999_ MOBILE HOME 504 504 2 L 1999 W DECK 357 _ 357 3 1999 ALUM SCREEN ENC 813 813 ALUMUNFI�I_roRANA 509 509 1 • • • • Project Narrative This matter is a request for a variance reducing the setback in the front of the property located at 1063 Diamond Lake Circle,Naples, Florida 34114 ("Property"). The Property was purchased by Geneva B. Spencer ("Owner") on or about September 3, 1998. The existing structures on the land are a mobile home with a deck,screened enclosure,and cabana. According to Silver lakes Mixed Use Planned Unit Development, the minimum yard requirement for the front of a property is 10 feet. However, Owner's mobile home and balcony encroach into the front yard setback by 7.1 feet. Owner asks to reduce the setback in the front of her Property to 2.9 feet instead of 10 feet. The special conditions and circumstances in association with this variance request do not result from the actions of the Owner.At the time this structure was built, the two (2) encroachments, mobile home and balcony, complied with all governmental conditions. This is evident by the permitting that was completed. A certificate of occupancy/certificate of completion was issued by Collier County (the "C.O."). The relevant documents have been attached for your review. The structure on the Property ended up encroaching in the Utility Easement and front yard setback located in the front of the Property by an inadvertent mistake by all parties. In fact, Collier County had visited the site at least twice and no one caught the mistake.This structure was approved for a C.O. Attempts have been made to reach out to the contractor Dig-M-Installers,who built the structure on the Property,but they are no longer active corporations in the State of Florida. It appears the encroachment is perhaps partially due to mistakes or negligence on behalf of Dig-M-Installers. At no time during construction did Owner instruct to be built, or have knowledge that her home was being built into the Utility Easement and front yard setback. This encroachment has existed for over 15 years,and it was not until Owner tried to sell the Property that she became aware of any encroachments. If granted, this minimum variance will still make possible the reasonable use of the land, building, or structures that promote standards of health, safety, and welfare. Also, during the 15 years that this encroachment has gone unnoticed, it has not disturbed the harmony of the neighborhood in any way.Additionally, if granted, this variance will not confer any special privileges on the Owner. A literal interpretation of the provisions of the LDC would confer an undue hardship on the Owner and create numerous practical difficulties. Attached please find a letter from Joseph Kosinski, a Structural Engineer, who has determined that cutting away any of the front of the home will severely compromise its structural integrity. Therefore,attaining this variance is a necessity for the Owner. Also, please find in Exhibit M Letters of No Objection received from Florida Power and Light, Comcast, and Century Link. These utility providers have no objections to the planned variance, as their lines are clear of the section in which this variance is being applied for. Granting this variance will be consistent with the Growth Management Plan. There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of this regulation. For over 15 years this encroachment has gone unnoticed. In that time, no harm has ever been conferred on the Owner's neighbors or the neighborhood, nor will any harm ever be conferred on the Owner's neighbors or the neighborhood if granted. Please accept this letter as the Project Narrative. Thank you. Sincerely, Carlo F.Zampogna Nature of Petition 1. Detailed Explanation This matter is a request for variance reducing the setback in the front of the property located at 1063 Diamond Lake Circle, Naples, Florida 34114("Property"). Its present owner, Geneva B. Spencer ("Owner"), purchased the property on September 03, 1998. The existing structures on the land are a mobile home with deck,screened enclosure,and cabana. The setback for the front of the property is 10 feet and Owner asks to reduce the front setback to 2.9 feet. In 1994, the prior lot owner ordered a land-survey showing a 70-foot lot,with a 10- foot setback in the front. Surveys performed in 1996 and 2015 are consistent with the original. On August 27, 1999, Paradise Pointe RV Sales obtained a permit to place a manufactured unit on the lot. Subsequently, on September 27, 1999, a construction order was issued. That same day, Dig-M-Installers Inc. obtained an Occupancy Permit but never called for final inspection. Neither the prior owner nor Geneva Spencer was aware that the structure encroached into the front setback, assuming both contractors had done all construction to code. Geneva Spencer was unaware she did not have a final Occupancy Permit or final inspections, which were Dig-M-Installers responsibility. Therefore, upon completion of construction, owner did not receive an Occupancy Permit. Now, Dig-M-Installers is no longer an active corporation in the state of Florida. The contractors were in violation of the original plan, approved by Collier County, and did so without any intention of calling for a final inspection. Geneva Spencer respectfully submits this application for a variance to the front of the property in order to correct this violation and receive her Occupancy Permit. 1 3.LDC Section 9.04.00 (a) There are no special conditions or circumstances existing peculiar to the location, size and characteristics of the land, structure, or building located at 1063 Diamond Circle,Naples,Florida 34114. (b) The circumstances that arose, not resulting from the action of the applicant,was that two (2) hired contractors did not acquire the proper permits needed. First, Paradise Pointe RV Sales never called for a final inspection after acquiring a permit to place a manufactured unit on the lot and after the construction order was issued. Similarly, Dig-M-Installers Inc. never obtained an Occupancy Permit nor did it get final inspections. Both contractors were in violation of the original plan approved by Collier County. (c) A literal interpretation of the provisions of the LDC would confer an undue hardship on the Owner and create numerous practical difficulties. Since the mobile home encroaches on the front setback and has been modified to conform to the rear setback, it would be wasteful to move it either way because the back has a screened patio and the front, a deck. Therefore, attaining a variance is a necessity for the Owner. Attached, please find a letter from Joseph Kosinski, a structural engineer, who has determined that removing any part of the front of the home would severely compromise its structural integrity. (d) This encroachment has existed for over 15 years,and it was not until the Owner tried to sell the property that she became aware of any encroachments. If granted, this variance will still make possible the reasonable use of the land, building, or structures that promote standards of heath, safety, and welfare.Also, during the 15 years that this encroachment has gone unnoticed, it has not disturbed the harmony of the neighborhood in any way. In that time, no harm has ever been conferred on the Owner's neighbors or the neighborhood. If granted, no harm will be conferred on the Owner's neighbors or the neighborhood. Also, please find the attached Letters of No Objection received from Florida Power and Light, Comcast, and Century Link. None of the utility providers have objections to the planned variance, as their lines are well clear of the section in which the variance is being applied for. (e) If granted,this variance will not confer any special privileges on the Owner. (f) This encroachment has existed for 15 years without disturbing the neighborhood in any way. Granting this variance will be in harmony with the intent and purpose of the zoning code because there are no natural conditional or physically induced conditions that ameliorate the goals and objectives of this regulation. (g) There are no natural conditional or physically induced conditions that ameliorate the goals and objectives of this regulation. (h)This variance will be consistent with the Growth Management Plan. 2 Detail by Entity Name ' Page 1 of 2 w H i; :ti );;1) 1fz7'MFNT 01, �) 1t1,,; 0v C ‘1, }; ! Inv, Detail by Entity Name Foreign Profit Corporation DIG-M-INSTALLERS, INC. Filing Information Document Number F98000003577 FEI/EIN Number 521876400 Date Filed 06/22/1998 State MD Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/22/2009 Event Effective Date NONE Principal Address 3088 FROST WAY DR. HAMPSTEAD, MD 21074 Changed: 05/16/2013 Mailing Address 3088 FROST WAY DR. HAMPSTEAD, MD 21074 Changed: 05/16/2013 Registered Agent Name&Address BUSINESS FILINGS INCORPORATED 515 EAST PARK AVE. TALLAHASSEE, FL 32301-2960 Name Changed: 05/16/2013 Address Changed: 05/16/2013 Officer/Director Detail Name&Address VA - PL20140001970 Title PST REV: 2 ROONEY, TUCKER P 14100 E. TAMIAMI TRAIL E LOT 101 NAPLES, FL 34114 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/forp-f... 10/7/2014 • Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2012 09/21/2012 2013 02/04/2013 2014 01/08/2014 Document Images 01/08/2014--ANNUAL REPORT View image in PDF format 05/16/2013-- Reg.Agent Change View image in PDF format 02/04/2013--ANNUAL REPORT View image in PDF format 09/21/2012--ANNUAL REPORT View image in PDF format 02/15/2011 --ANNUAL REPORT View image in PDF format 07/14/2010--ANNUAL REPORT View image in PDF format 11/22/2009--REINSTATEMENT View image in PDF format 02/27/2008-- REINSTATEMENT View image in PDF format 01/23/2002--ANNUAL REPORT View image in PDF format 04/19/2001 --ANNUAL REPORT View image in PDF format 02/04/2000--ANNUAL REPORT View image in PDF format 06/07/1999--ANNUAL REPORT View image in PDF format 06/22/1998-- Foreign Profit View image in PDF format Cooviiaht®and piivacv Policies State of Florida,Department of State • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/fore-f... 10/7/2014 05/15/2013 19:54 850-245-6804 DEPT. OF ATE PAGE 01/82 111. 61101-16-0: (0 ::. 60. .1i'h AP 6 7 660 P Florida Department of State Division of Corporations Electronic Filing Cover Sheet Note Please print this page and me it as a cover sheet.Type the Sur audit number (shown below)on the top and bottom of ail pages of the document. (((1413000098643 3))) 1O 1l Ill 1 HIi N1lI I)I)ThJ HU1I11flf1N111111IV111UI11ll11 Nate:DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet TO: Division of Corporation's Pax number : {14O)617-63$0 71 7 NO 44 PM): A. Aoec mk Name : SU8nmaa PILINGS1:7: e ccount N tuber : 104286001620 :ai PbOne s (60i)827-3300 a' . FAX Number (600)827-3301 ■' iter the email address for this Weisesa entity to be need for fn.... annual report mailings. 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Pursuant ro otsprwision resections 607.0302 617.0.102 6D7.1S014 or 31Z 1508.Randa SentrIty.riirr stotennnt of change It sebrtshpfor a corporation orgorua�ed under the laws e�f'6ie STenn of Maryland to enters dom Ili regtateredOka Or registers twig orboflk In 1*.&wt teFTartda t.The name ofthe aotpoeadoa: DIG-M-INSTALLERS,INC. 3.The principal office addieea: 3088 Frost Way Drive,Hampstead,Maryland 21074 3.The tntsllagaddmss(.Edify 4.Dam ofincoepoa tion/gu�alife�on: 6/22!1998 Dexo mamba: F98000003577 5.The creme sad street address of the=Tont registered agent and segisterod Ace as 91e will the Amid*Dopsremoac oracle:of neIgnod,crus resig'ed) RO rIT y1 TIJCI It P- _ •._... .- 1410 TRAIL E,LOT 101 4APT. S PT 111114 It; r 6.Ms Morse and stream rrdebtal Oftbc=VP rmgicrtred gen Ofcbonred)and for rsginteted office %,t1k j (ifcl ed): !). . �. m,aex Business Filictgs Incorporatedr_;` v+ "°` 515 E.Park Avenue,Tallahassee,Florida 32301 `ti; .. EQ a Ilea NOTaeepeibte fe a : 1 e i ect p of$s fert!Yteaed ad$Ccc and die arm address of tbebtsb i office of its tegistORty�d� as wBl De rdRcaccL ::.'.-i".'►'. -= :::.:.:?. •bY 'on ' !ra as officer so Fr Tucker P Rooney,President ' l at irdaJ��l�ernddl p xrnsh&,r nr.�sm. '+(� OJari ((qq _� Ia e w to o hrr i y t;nrt� t r no - to w tM Osage s ,ttkkX rs r ae edd T Artnt CO PM corporo. "lion ►+IS 11410th day of April,2013 9i}saOuaorReyrrMed A.O2 are Nag:MU&on behalf aim mitt: Manic Williams,AVP taw a bigot Nam '''1r uri FEE:83100••• • MAKS c C PAYA3LE7+0 FLORIDA DRPART lt1T'OF STATE C32EOsS MAP TO DMSIcTi COF ORPORATIO143,P O,Mot 637t,TALx. HAssEE,FL 32314 • . c ct 3 3 TOTAL P.002 VA-PL20140001970 REV: 1 /15 ��++_� �^.^ 1063 DIAMOND LAKE CIR C Iii r Count DATE:E: 2/2 County DUE: 2/23/15 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) El EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) • LLA(Lot Line Adjustment) ❑ SNC (Street Name Change-Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) .1 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 1 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# :4/011-i . I 7 Cor County Ca COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252.5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Check One: Cil Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAME: b L. v CK "B . S c..,c.t \c: _t f r ` \ SCSiu, / PHONE ,,U`~I FAX a&I - (,rgal ,'C FAX 361 ` ) id - "'7 ;3 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 73C 2 5o 07 3 q 7 Folio Number Folio Number Folio Number 7 Approved by: / t `; - Date: 9-1 , "- /q Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page lofl it'll -..:. ..,.• 44 4 T . g , ) A t 1 'I 1111111 ,I ,r6,1 —11 ,,,,o,,, `r-., ...,4i, == - ,..,414.1,si...... ,... . 4 r''' 211 - R ' . ' r ) ..! # •ffi j '4 y .., 1i , # i „it .10 , I d n •* 0-SRI http://www.collierappraiser.com/webmap/output/Collier_2014_sde037022865964107169.jpg 9/3/2014 N M r:" en 00 Q N, N N N as VD NN IXI E 023 1::, W m u`Ou I-- az W I N iii Pr- I— Ee 'e_ $twyC �J"p I W 4 n 3 .. ry Q g 6N 13 G v �r gm v a. ea a. 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NO ID. 60'TOTAL RIGNTOFWAY NO l' 35.00' 588°17'42•E . 2'VA'UV Gott AVER(A) ((A) $ gcoat.(A) §g g #16'PwY F.N.D. g DrVVEWAY gf.1,R.5/6' L.B.#5109 „r„ (A)Bw'COW LB#5109 20494• SEWS. /A 0. HAY A: co.U.E. 5.50'' i Inc ,P"i. N' �� J P.C. 5.50' 110'U.E. "P.1/?" 24' I I _�.............. NO CAP ( (B)BOX CABtf I I 2.50' \\ 4711 ONE STORY U.E.4 D.E. (B)Ivc MOBILE ii I(C) PAD HOME 1 • g #1083 Ioft Ogo I,- i.01.. LOT•1T �epO aoT va 1. ' CN 2 I~ K ; S ci Lex.I " B ;,J .-. OK-2 METER .+ I I !. O COUNTER CI C I I 012.511• v1 270 t " U.E.6 D.E. I gi 2.50' 116 �"; U.E.B D.E. 5.- w umf-14.85' °,�s,�6,_12 5 5.49' 2.50' I COVERED PLASTIC U.E.8 D.E. LANAI ! 1 STEP (C) _ _ , �h C S. T' LIT DE aM.E,7 �I 1 8ME(I))(0)\ I 1'aL°D.E� I I .. I P d M.E. FIR.5/8' 3 [_'`AVERS :'F..I.R.518" LB.#3964 S88•17`42°E LB.#5109 111'TO Z..... TOP of me BANK 311•TO WATERWATER APPROX N1A`E TRACT'CR4"(N.A.P.) EDGE OFWATER SILVER LAKES, PHASE ONE (O7rorrzoI5) PB. 20 PG 91 AND 92 ENCROACHMENT NOTES: A NORTH SIDE OF TME SUBJECT PROPERTY CONCRETE DRIVEWAY.SAL CONY MOBILE HOME ANO BRICK PAVER ARE ENCROACHING INTO THE ID FOOT[Mar EASEMENT AND CONCRETE OA'TVERAY AND BRIG(PAVER ARE ENCROACHING 'NTO THE RIGHT OF WAS OF DIAMOND LAKE CAGLE 8 WEE'5.0E OF THE SUBJECT PROPERT'r,BRICK PAVE AND AIR CONCF N NER PAD ARE ENCROACHING INTO THE 2.20 FOOT 11150'Y AND DRAINAGE EASEMENT ANC CABLE BOX L S ALTO THE SUBJECT PROPERTY C.EAST SIDE OF THE SUBJECT PROPERTY.&MCA'WALK ANO PLASTIC STEP ARE ENCROACHING INTO THE:2 94 FOOT UT,L,TY AND DRAINAGE EASEMENT 0 SOUTH SIDE OF THE SUBJECT PROPERTY.BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT OS IBq LEGAL DESCR/PT7ON.• DRAWN BY: AHV 4 43 - LOT 12,BLOCK 2,SILVER LAKES PHASE TWO-A,ACCORDING TO THE PLAT C.;. 9 THEREOF.RECORDED IN PLATBOOK 24,PAGE 54.55.OF THE PUBLIC SCALE: 1 20' ck RECORDS OF COLLIER COUNTY,FLORIDA. D NO.5770 A STATE OF CERTFIGATION.• FIELD DATE: 07/06/2015 GENEVA B.SPENCER, TRUSTEE -;,,R'c :- ZAMPOGNA LAW FIRM �9L LArA✓ SURVEY NO: 15.002858-1 L.B.#7806 SEAL SHEET: 2 OF 2 I/O AFFIDAVIT OF AUTHORIZATION • . FOR PETITION NUMBERS(S) PU2014,1970 I, Robert t~Ralston (print name),as Marne/In Fad (title,if applicable)of Genova a.s mgr. (company,If a icable),swear or affirm under oath,that I am the(choose one)owner applicant[contract purchaserOand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made apart of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;end that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize U•Za"4"9••Low Firm to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by the corp.pres. or v.pres. • if the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member. • ii the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for.that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. > .-1 .. -e''';‘- —/-44_,-. / 7-rs Signature / Date STATE OF-FLORIDA . d,•�� , COUNTY OF CO-4 A A4411, The f J ryegoing instrument was sworn to(or affirmed)and subscribed before me on 1'1 f(,1 (date)by I-I c.1-0 9 name of person providing oath or affirmation), as who ovallknown to me r who has produced (type of identification)as identification. ` STAMP/SEAL Signat AT of Notary 'ub c avc• JULIE A.MORRON ��, �� srti.' Residing In Monroe County L� My Commission Expires n� June 6,201.5 r - - C1108-COA-D0115\155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P /96 14(. 1(170 i, ( ene_t/0."B. Spencer (print name),as (title,if applicable)of (company,if a licable),swear or affirm under oath,that I am the(choose one)owner]applicant=contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize 2.e-m pno dam. Lett.m.J to act as our/my representative in any matters regarding this pgtition including 1 through 2 above. *Notes; • If the applicant Is a corporation, then it is usually executed by the corp.pros. or v.pros. • If the applicant Is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's'Managing Member." • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be Identified as the "general partner"of the named partnership. • If the applicant Is a trust, then they must include the trustee's name and the words"as trustee". • In each Instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that th9 facts stated In It are true. - / /27/ �. — 4c.�7 at Signature Date STATE OFfl;ORiDA COUNTY OF BOttfeR M{ T foregoing ins ment was sworn to(or affirmed)and subscribed before me on 14/4 hit (date)by t L. Stein ___.(name of person providing oath or affirmation), as who i eysortgfly known to me r who has produced (type of Id ntification)as identification. STAMP/SEAL Signa e of Notary t1 isei JULIE A.MORRON Residing In Monroe County My Commission Expires wmsA' June 6,2015 Ct'108-c0n-001161.155 VA-PL20140001970 REV: 1 REV 3/24/14 1063 DIAMOND LAKE CIR DATE: 2/6115 DUE: 2/23/15 . ti OR S7 f.f GENERAL DURABLE POWER OF ATTORNEY OF GENEVA B. SPENCER BY THIS POWER OF ATTORNEY, I name an attorney-in-fact with power to act on my behalf pursuant to I.C. 30-5, as it exists now and is amended in the future. 1. SINGLE ATTORNEY-IN-FACT. In regard to all powers herein except Health Care Representative Appointment With Power to Stop Health Care, item 3.17, as my attorney-in-fact, I name Robert L. Ralston, 5090 E. Heritage Woods Road, Bloomington, IN 47401, office (812) 336-5913, home (812) 332-7515. If Robert L. Ralston is unable or unwilling to serve as attorney-in-fact in regard to all items except item 3.16, as successor attorney-in-fact, I name Monroe Bank, Bloomington, Indiana. In regard to Health Care Representative Appointment With Power to Stop Health Care, item 3.17, as my attorney-in-fact I appoint Robert L. Ralston, 5090 E. Heritage Woods Road, Bloomington, IN 47401, office (812) 336-5913, home (812) 332-7515, or Marianne B. Shaw, 105 Windward Drive, Ashville, NC 28803, home (828) 299-7256, cell (828) 335-7487, and Rita T. Sanders, 1624 N. Ridgeway Drive, Ellettsville, IN 47429, (812) 325-0616, and Anne Lucas, 6475 Lampkins Ridge Road, Bloomington, IN 47401, (812) 322-7140. In order for the three of Marianne B. Shaw, Rita T. Sanders, and Anne Lucas to take action as Health Care Representative, majority shall rule. In the event that Marianne B. Shaw is unable or unwilling to serve as Health Care Representative, then Patrick D. Shaw shall serve in her place. 2. EFFECTIVE IMMEDIATELY. This power of attorney shall become effective as of the date it is signed. 3. POWERS. I give to my attorney-in-fact or any successor attorney-in- fact the powers specified in this section to be used on my behalf, PROVIDED that my attorney-in-fact shall not have any power which would cause my attorney-in-fact to be treated as the owner of any interest in my property. 3.1. REAL PROPERTY. Authority with respect to real property transactions pursuant to I.C. 30-5-5-2. 3.2. TANGIBLE PERSONAL PROPERTY. Authority with respect to tangible personal property pursuant to I.C. 30-5-5-3. 3.3. BOND, SHARE AND COMMODITY. Authority with respect to bond, share and commodity transactions pursuant to I.C. 30-5-5-4. 3.4. RETIREMENT PLANS. Authority with respect to retirement plans pursuant to,I.C30-5-5-4.5. 3.5. BANKING. Authority with respect to banking transactions pursuant to I.C. 30-5-5-5. 3.6. BUSINESS. Authority with respect to business operating transactions pursuant to I.C. 30-5-5-6. 3.7. INSURANCE. Authority with respect to insurance transactions pursuant to I.C. 30-5-5-7 and including authority to purchase a non-assignable, non-cancelable, single premium irrevocable straight life commercial annuity on my life and for the life of my spouse to provide monthly installments with the balance to my beneficiaries. 3.8. BENEFICIARY. Authority with respect to beneficiary transactions pursuant to I.C. 30-5-5-8. 3.9. GIFTS. Authority with respect to gift transactions pursuant to I.C. 30-5-5-9. 3.10. FIDUCIARY. Authority with respect to fiduciary transactions pursuant to I.C. 30-5-5-10. 3.11. CLAIMS AND LITIGATION. Authority with respect to claims and litigation pursuant to I.C. 30-5-5-11. 3.12. FAMILY MAINTENANCE. Authority with respect to family maintenance pursuant to I.C. 30-5-5-12. 3.13. MILITARY SERVICE. Authority with respect to benefits from military service pursuant to I.C. 30-5-5-13. 3.14. RECORDS, REPORTS AND STATEMENTS. Authority with respect to records, reports and statements pursuant to I.C. 30-5-5-14, including the power to execute on my behalf any specific power of attorney required by any taxing authority to allow my attorney-in-fact to act on my behalf before that taxing authority on any return or issue. 3.15. ESTATE TRANSACTIONS. Authority with respect to estate transactions pursuant to I.C. 30-5-5-15. • 3.16. HEALTH CARE. Authority with respect to health care pursuant to I.C. 30-5-5-16. 3.16.1 HEALTH CARE INSURANCE PORTABILITY AND ACCOUNTABILITY ACT Or 1996. The Health Insurance Portability and Accountability Act of 1996 (HIPPA), 42 USC 1320(d) and 45 CFR 160-164, sets forth specific requirements under certain circumstances for the use and disclosure of my individually identifiable health information I give my attorney-in-fact the authority to be treated as I would be treated with respect to my rights regarding the use and disclosure of my individually identifiable health information and other medical records under HIPPA. This includes past, present or future records including all information relating to the diagnosis and treatment of any illnesses. The authority of my attorney-in-fact supersedes any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. This authority given to my attorney-in-fact has no expiration date and shall expire only in the event that I revoke this authority in writing and deliver it to my health care provider. If this power of attorney is conditioned upon a health care provider familiar with my condition stating in writing that I am unable to manage my affairs, I give authority to my nominated attorney-in-fact to obtain that written information and authorize my health care provider to provide that written information and other medical records. 3.17. HEALTH CARE REPRESENTATIVE APPOINTMENT WITH POWER TO STOP HEALTH CARE. I appoint my attorney-in-fact as my health care representative with authority to act for me in all matters of health care in accordance with I.C. 16-36-1 as shown by the appointment under I.C. 16-36-1 which is attached to this power of attorney pursuant to I.C. 30-5-5-16(b)(2) and I.C. 30-5-5-17. 3.18. DELEGATE. Authority with respect to delegating authority pursuant to I.C. 30-5-5-18. 3.19. ALL OTHER MATTERS. Authority with respect to all other matters pursuant to I.C. 30-5-5-19. 3.20. DISCLAIM. Authority to disclaim any power or discretion that is considered unwanted and to disclaim gifts, inheritance, or other transfers even if my attorney-in-fact benefits by making the disclaimer on my behalf. 4. ALL PRIOR POWERS OF ATTORNEY REVOKED. All powers of attorney executed by me prior to the date of this power of attorney are revoked. 5. GUARDIAN. If protective proceedings are instituted on my behalf or a guardian is requested to act on my behalf, I name my attorney-in-fact to act on my behalf or as my guardian. 6. TERMINATION ON DEATH. Without regard to my mental or physical condition, this power of attorney shall continue in effect until revoked or until my death whichever occurs first. I have executed this instrument on 6A1 , 2009. Geneva B. Spencer Social Security Number 310-28-6427 STATE OF INDIANA, COUNTY OF MONROE, SS: The undersigned, a notary public in and for the above county and state, residing in Monroe County, Indiana, certifies and witnesses that the abovesigned, personally known to me to be the same person whose name is subscribed to this instrument, appeared before me in person and acknowledged the signature and delivered the instrument as a free and voluntary act, for the uses and purposes named in the instrument. Date: Printed:O�IJS7 4i..€'t h 1P cgc My Commission Expires: Residing in gatieOE County, IN • Z /S-1.0i f ecci THIS INSTRUMENT WAS PREPARED BY: A-7. •• ti a Robert L. Ralston : 0 t Attorney-at-Law =2; SrA „ 1*; 400 W. Seventh Street, Ste. 103 . P.O. Box 2601 Bloomington, IN 47402-2601 •••�• ��"••••"•''P�b** (812) 336-5913 •..,..N Di........ r - — ---'- — — --— ---- -- .. -._ -— --- - - 17epi o'°` A. '0550 r �� 2361240 OR: 2451 PG: 2315 ISLAND TITLE GUARANI! Aa icl, INC. . us.11. eouWD wn. IMOTO MUM, M. 14541 IMO u W1ICU&MN II*&1I1 W11, R lmiN.ill to the tss.uere Si . laeur..a poster. WI NN at 11:11111115111. 155!1,NII ti la w.. 09391■9i10111W (IN MOM f.reel m.7 He I55 5.11 Crrraalsl w 11C.1I UI1.N Ida; WARRANTY DEED mug mu alum min I (INDIVIDUAL) Ala 5* This WARRANTY DEED, date F by DOROTUT E. SACRETT, AN UNMARRIED SURVIVING SPOUSE OF ROBERT P. HACxsTT urfe pots silica...rata is 19 MAUI MT. HOLLIS, MR 03049 Mreiaatter cold the SANTO.. to OEERVA B. MPOICsR, TRVMTIS OF THE =NINA B. SPENCER REVOCABLE TRUST AORMINT DATED MINIMS 11, 1992. then.post Mfftfe address S. 2134 PORTS MT GILEAD RD Mreiaaf.r celled the CU SD. $*sr vor and Mal.tha cote. •GANTOM•and•.!weed• iesluds all the parties to tills immanent and the Mira. legal representatives and melons.f individuals. end the someseers and assigns of cotporataw.) WITNESSETH: That the gfdrnOM, for sad in w.atderattm of tba sm of 010.00 and other valuable cenaid rations, receipt Monet is hereby acknowledged. Mraby grants, bargalm, sells, alive. remises. releases. convoys and cantinas unto the amen, all that certain load situate in Collier county. Merida. vlr. Lot 12, Flock 2, SILVER LAW PHASE TWO-A, according to the plat thereof, recorded in Plat look 24, Page 54,55 •f the Public Records of Collier County, Florida. � y1R COU Till R IIISTRWaIIS ^ - A TRUSTSES A POWSR AND AOTNORIT! EITEER TO 4• BRVE,SELL, • LEASE, INCURS= OR OTURIIIS' TO MANAGE AND DIM • - PRO l Ill DESCRIBED. 0 pv SUBJECT TO commute, conditions. dens. reservatlaas. 1 all . �„y a and { prearaca of rdMN, it sty; taw sod aaammencs Tor the year ism and ,C' mare, and to a ,!. 11 ` p ordt.aocea and/or restricsiw and psoblbeciw tweed by oemernse.cal..Mdse 4 TOGETHER with all the teammate. Mredttaaeat • - : ip or in anywise dppsrtaiatp. TO HAVE AND TO HOLD, the WO is fee simple t. C IR 3 AND THE GRANTOR mewl eetaaaata with said MOM=that wept as above meted. the WNNT=is lawfully seised of said land to tee simple, that the..Aces.W goad right and lawful authority to fell dad convey said land, that the GRAMS haruby telly warrants the title to seed land end will dogged the sun easiest the lawful elate et all peramu whomsoever. IN WITNESS WHEREOF, auina.Me signed and sealed chote.perete the date as earth above. OD a MO To IO MUM PRUSSIC,OF T =se . t� HXI:R ). f • I ` gf.acuss '1�(f�llf�r hat c 471- Print err. . N, N. 4(!,/bfice1(•, tienatur.. 1 Fitt • , .r,,r lea.., Ie'( w i,*> t State of I9 41/!41-0 County of i��14 t an a meaty public of the State Si L)C.s . / recta• . s d up aaal.elm tapir... Sd I (v tc 3 Ts POMMOOraa tee acM.wlagad before m en o .e� Z' (7 I w ; A XXI% AN UNRIMARRIED6SURVIVW40 SFOUSS OF ROBERT P. stn to eiaamll/%d AIR or vbe has produced, ,Lt. y IO t..r as ldnstti leall.a and the �..A,take as oath. •! c.da, Itypni et identiftat ) :6561444 noel•�1. '..• L.1 uaaatan, I �`' 0 •; Mat wan. IFIPe.ler• lt`. 3.•vi,rt I-' Notary Public • VA-PL20140001970 REV: 1 1063 DIAMOND LAKE CIR DATE: 2/6/15 DUE: 2/23/15 2S4ge) No ORDINANCE NO.05— 14 N 1Vj17a„� 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT -4-1 OZ��`07 COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE APPROPRIATE ZONING ATLAS MAP(S) BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM"PUD"TO "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS SILVER LAKES PUD, FOR PROPERTY LOCATED AT 1001 SILVER LAKES BOULEVARD IN SECTIONS 10 AND 15,TOWNSHIP 51 SOUTH,RANGE 261x.: u EAST, COLLIER COUNTY, FLORIDA, CONSISTING 00-7:. y ,�,' 146± ACRES; PROVIDING FOR THE REPEAL OI- ,: i . ORDINANCE NUMBER 91-90, THE FORMER SILVER;;;; "-- LAKES PUD; AND BY PROVIDING AN EFFECTIVE :., ¢ En— DATE. r' '� mac" cg yr WHEREAS, Dwight Nadeau of RWA, Incorporated, representing Conquest Development V.U.S.A.,L.C.,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE The zoning classification of the herein described real property located in Section 10 and 15,Township 51 South,Range 26 East,Collier County,Florida, is changed from "PUD"to"MPUD"Mixed Use Planned Unit Development in accordance with the MPUD Document,attached hereto as Exhibit"A",which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map(s), as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 91-90, known as the Silver Lakes PUD,adopted on September 24,2001 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. • Page 1 of 2 Attachment B 1 SECTION THREE This Ordinance shall become effective upon Sling with the Department of State. PASSED AND DULY ADOPTED y the Board of County Commissioners of i Collier County,Florida,this_24'day of . . e 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIFT.Bgag,OCIC,CLERK COLLIER COUNTY,FLORIDA .e."141•0.04.49"•\ -...?:•••0 •':;t...".. 6'; • 464.1 ., \4,:V, . V •• • v- • - - • • tt-A41'114)•cHAL ' . • , ,14--1-41:,..- - . BY: At ' • : ' ' . . giat4 FRED W.COYLE, $1 .. -tia rft■•>\•.....A. , •;. ,,, : . gal Su ip.i.:140y.-e:::,.,.... , ... ..• . 1k4e 11■. :11:1 • ykk. .!' ' N., Marjorie M.Student • Assistant County Attorney PUDZA4033-AR-49124/Dold I 1 . .. ! I . • • . 1 • This ordinance fried with OM Par 2 of 2 *Wary of Mst4ffke the =cloy of and ocknowicd*ement of Ow., fili r elved this&-k)— fl'..; Downy Clern 1 _ _. SILVER LAKES 1 A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: CONQUEST DEVELOPMENT USA,L.C. 1001 SILVER LAKES BLVD. NAPLES,FLORIDA 34114 • PREPARED BY: RWC IL IL • V 1 AL RWA,INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES,FLORIDA 34104 DATE FILED 10/29/03 DATE REVIEWED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05-14 EXHIBIT"A" N:t200001-0091.00 Silver Lakess0001 Insubstantial PUD Amendment 03735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc TABLE OF CONTENTS PAGE LIST OF EXHIBITS • I STATEMENT OF COMPLIANCE II SECTION I PROPERTY OWNERSHIP It DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION N LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4-1 SECTION V COMMONS/RECREATION AREA 5-1 SECTION VI CONSERVATION AREA 6-1 SECTION VII BUFFER AREA 7-1 SECTION VIII DEVELOPMENT COMMITMENTS S-1 N:••.2001'101.0091.00 Silver LakaM0001 Insubstantial PUD Amendment M373312003•Amaxlmen0S0vrcr Lake PUD 3-22-03 Clan.dac LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan I NAZI/WWI-0091.00 Silver Lakes10001 Insubstantial PUD Amendment#373S\2003-Amendment\Silver takes PUD 3-22-05 Clean.doc STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County,Florida as a Mixed Use Planned Unit Development(MPUD)to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan(GMP): The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent with the growth policies, land development regulations,and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Coast Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2) The proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived from the Density Rating System of the FLUE from Collier County's GMP.Therefore,the gross density of the Silver Lakes development is consistent with Collier County's GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policy 5.3 of the FLUE. 6) The ect development opment is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub- element of the Public Facilities Element. 7) The project shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. H N:LOQ 1 VII.0091.00 Silver Lakes1000I Insubstantial PUD Amendment 1373312003-Ameidmen0Silver Lakes PUD 3-22-05 C enn.doe • SECTION I PROPERTY OWNERSHIP AND 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 the Silver Lakes MPUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South 'A of the Southeast '/,of Section 10,Township 51 South,Range 26 East, lying East of State Road 951, Collier County, Florida, and the South 'A of the Southwest '/. of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida,and the North 220.00 feet of the North 'V2 of the North %:of Section 15,Township 51 South,Range 26 East,lying East of State Road 951,Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owners, Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of Collier County,Inc. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 10 and 15, Township 51 South, Range 26 East. Furthermore,the subject property is located on the east side of State Road 951,approximately 1 3/4 miles south of East Tamiami Trail(U.S.41). B. The zoning classification of the subject property prior to the date of this approved MPUD Ordinance was PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R. -951) in the Rookery Bay Watershed. The subject property receives little or no run-off from adjacent properties due to the existing farm outfall swales on adjacent properties, and the Collier Blvd. (S.R. -951) drainage system. Traversing through the site is an FPL easement, which isolates the property into two portions. Existing ground elevations range from +3.4 to +4.2 N.G.V.D.,with the higher elevations in the northeast corner causing a southwesterly flow of on-site run-off_ 1-1 N X001'01.0091.00 Silver Lakest001 Insubstantial PUD Amendment#373512003-AmendmentASilver Lakes PUD 3-22-05 Clean.doc Water management for the proposed project will.be accomplished by two interconnected on-site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R.-951)roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirements of the natural hydraulic systems of the area The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of Immokalee fine sand in the northwest, southwest, and southeast corners of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed-use development incorporating park/ travel trailer recreational vehicle (park/ I RV) development With recreational residential development. Also,the project will offer diverse recreational amenity opportunities. The amenities proposed to be provided in the project include,but are not limited to, a 9-hole golf course,typical accessory uses, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Collier County provides sewer service via its central system. I � 1-2 N:12001`01-0091.00 Silver Lakest000I insubsuntial PUD Amendment 13733u003-Amendmennilver Lakes PUD 3-32.06 Ck$n doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPUD- Mixed-Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of SDP approval or plat approval,where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The MPUD Master Plan, including layout of streets and general depiction of land uses, is illustrated graphically by Exhibit "A", MPUD Master Development Plan. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". TYPE UNITS ACREAGE+/- TRACT"A" Park/T.T.R.V. 400 24 TRACT"AR" RECREATIONAL 160 15 RESIDENCE TRACT"CR" COMMONS/RECREATION 0 79 TRACT"CO" CONSERVATION 0 25 TRACT"B" BUFFER 0 3 Total 560 146 2-1 N:1200101-0091.00 Silver Lakes10001 Insubstantial PUD Amendment#373512003-Amendment\Silver Lakes PUD 3.22.05 Clean.doe B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit"A". C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 park TTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of 3.84 lots per acre for 560 total lots. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights-of-way and tracts as shown on the Master Plan,unless ownership is to remain with one entity(no fee simple selling of lots or tracts),and a SDP is submitted for approval for the entire area encompassed by the MPUD Master Plan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel,tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. 2) Construction plans and plats for either the entire MPUD or that portion proposed for initial construction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to the following: 1) The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building permit or other development order. 2-2 N:1200I`D1-0091.00 Silver Lakes\000i Insubstantial PUD Ameadmau N373512003-Amendma Milver Lakes PUD 3-22.05 Cleen,dx 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in conformance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved. Additional lakes (i.e.: golf course lakes),and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit"A" are designed to accommodate a full range of recreational vehicle types and customary accessory uses. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section IV of this Document. Approximate acreages of all tracts have been indicated on Exhibit"A"in order to indicate relative size and distribution of the permitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan tracts shall be provided at the time of development plan approval in accordance with Section 2.5 of this MPUD Document. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be vided for water management gement areas,utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County LDC. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.8 PARK TRAILER&RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed four, (i.e. 1 "Sales Center" and 3 "Dry Models") shall be permitted in conjunction with the promotion of the development. 2-3 N:12001'01.0091.00 Silver Lakesk000I Insubstantial PUD Amendment#3733■2003-AmendmentlSilver Lakes PUD 3-22-05 Clean.doc No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the model(s) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "sales center",or an approved independent "sales center". Access shall be for pedestrian traffic only,no paved road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be limited to one structure(one building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds legal description shall be provided as part of the application. Access to the"sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water nmammagerment plan shall be provided which accommodates the run-off from the "sales center",the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. . At the time of building permit application for the "sales center", a temporary use permit shall be obtained. "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model purpose only. Models shall not be occupied until a permanent CO is issued. 2-4 NA2001$01-0091.00 Silver Lakes10001 Insubstantial PUD Amendment#373312003-Amendmen.Silver Lakes PUD 3-22.03 Clw4oc SECTION III LOW DENSITY PARK I TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit"A"as Tract A,parkITFRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use,which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window,does not exceed 400 square feet when constructed to ANSI A-119.5 standards,and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body(nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body),including any protrusions. C. Travel Trailer(includes fifth-wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size and/or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational,camping,or travel use. It has a body width of no more than 8 h feet and an overall body length of no more than 45 feet when factory-equipped for the road. 3-1 N:L001'01-0091.00 Silver LakesW001 Insubstantial PUD Amendment 41373S12003-AmendmenASilver Lakes PUD 3-22-03 Clean.doc D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational,camping, or travel use. • E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational,camping,or travel use. F. Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational,camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park/TTRV lots allowed within the MPUD shall be as follows: Tract A= 400 Total = 400 3.4 USES PERMITTED: No building or structure,or part thereo&shall be altered or used,or land used,in whole or part,for other than the following: A. Principal Uses: 1) Park trailers: One(1)per lot. 2) Travel trailers(including fifth-wheel trailers): One(1)per lot. 3) Camping trailers: One(1)per lot. 4) Truck campers: One(1)per lot. 5) Motor homes: One(1)per lot. 3-2 0:1200141.0091.00 Silver L akei\0001 Insubstsntiel PUD Amendment 03735\2003-Ameidment\Silw Lass PUD 3.22.05 Clem,doc • • 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational,camping,or travel use: One(1)per lot. B. Accessory Uses: 1) One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF-5 Zoning District,as contained in the Collier County LDC in effect at the time construction permits are requested. Furthermore, any three(3)park/TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.B.2 of this Document. 2) Accessory uses and structures customarily associated with parktTTRV recreational vehicle lots,including: (a) Utility sheds,attached or detached,not to exceed sixty(60)square feet. (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed five hundred (500)square feet. Modular construction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a Iot, or attached, provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 3) Utility and drainage facilities. 4) Golf cart paths. 3-3 N:2001\01.0091.00 Silver Lakes10001 Insubstantial PUD Amendment#3735\2003-Amendment1Silver Lakes PUD 3-22-03 Clean.doc 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot)boundaries. B. MINIMUM LOT AREA: 2,350 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Forty-five(45)feet. 2) Interior Lots: Thirty-five(35)feet. D. MINIMUM YARDS: 1) Front Yard: Ten(10)feet. 2) Side Yard: Five(5)feet. 3) Rear Yard: Eight(8) feet. E. MAXIMUM GROSS FLOOR AREA: Five Hundred(500)square feet,exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen(15)feet. 2) Accessory Structure: Fifteen(15)feet. G. • MINIMUM PRESERVE SETBACK: 1) Principal Structure:Twenty-four(24)feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five(25)feet. 2) Accessory Structure:Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK/TTRV UNITS: Park /travel trailer recreational vehicles may be permanently located on a lot;however, no permanent residency is allowed A covenant running with the land shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: 3-4 N:'2001101.009I.00 Silver Lakes10001 lnsubstsapal PUD Amendment//3735%2003-Amen MSiiver Lakes PUD 3-22-05 Clesn,doe A. Lots Rented: For those parkfTTRV lots that are rented,the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots,and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a parkrTTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those park/TTRV lots that are sold, the developer/ owner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If,after the approval of this MPUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPUD Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park / travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attached to the ground or utility facilities. 3.9 ANCHORING/SEWER,WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and/or permit to be transported on Florida state highways, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County. These units shall be connected to the public water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. • 3-5 N:12001W(.0091.00 Silver Laka10001 Insubstantial PUD Amendment W3 73312003-Amendment\Silver Lakes PUD 3.22-05 Clan.doc • SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit"A"as Tract AR,Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet,and which is built on an integral chassis,and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, healing, air-conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode,when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions including expandable moms, but not including any bay window, shall not exceed 700 square feet. The total length of a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism,to the exterior of the wall at the opposite end of the unit,where such walls enclose living or other interior space. Such distance includes expandable moms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4.3 MAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed within the MPUD shall be as follows: Tract AR= 160 Total = 160 4-1 mum NO1-0091.00 Silver Lakes10001 Insubstantial PUD Amendment 0373312003-Antendmen0S1Wer Lake PUD 3-22-03 Clean.dae 4.4 USES PERMITTED: No building or structure, or pelt thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One(1)per lot; 2) All land uses permitted in Section 3.4.A. of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty(60)square feet. (b) Roofed, aluminum with screen/ glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700)square feet. Modular construction of the accessory structure shall be permitted,and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be permitted provided such screen rooms are constructed in compliance with all County,State and Federal building standards. • (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. 3) Golf cart paths. 4-2 N:12001,01-0091.00 Silver Lakea10001 Insubstantial PUD Amendment#37332003-AmendmenASitver Lakes PUD 3-22-05 Clean.doc • 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot)boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty-five(55)feet. 2) Interior Lots: Forty-five(45)feet. D. MINIMUM YARDS: 1) Front Yard: Ten(10)feet. 2) Side Yard Five(5)feet. 3) Rear Yard: Eight(8)feet. E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen(15)feet. 2) Accessory Structure: Fifteen(15)feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure:Twenty-four(24)feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five(25)feet. 2) Accessory Structure:Ten 10 feet. 4.6 ANCHORING/SEWER,WATER AND ELECTRICAL CONNECTIONS: All recreational residential units, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County for mobile homes, and be connected to the public water and sewer system. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 4-3 N:12001%01-0091.00 Silver Lakes1000: Insubstantial PUD Amendment 8373 Lakes PUD 3-2245 Clem-doe SECTION V COMMONS/RECREATION AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons/Recreation Area on Exhibit "A". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses,and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 5.2 USES PERMITTED: 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: 1) Utility,water management and right-of-way easements. 2) Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social,administrative,or recreational facilities. 4) Hurricane evacuation facilities for recreational residential land uses. 5) Lakes. 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to,or passage through the commons areas. 8) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non-internal combustion lake recreation apparatus used by residents of the project. 5-1 N:1200110I-0091.00 Silver lakes■0001 Insubstantial PUD Amendment 0373512003-Amendments Silver Lakes PUD 3-22-05 Clan.doc 9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%)percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall save the exclusive trade of the service needs of the persons residing in the project; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the project. 4) Solid waste refuse facilities(i.e.:dumpster,compactor,etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimum of fifteen (15) feet from all parcel boundaries and the right-of-way tract. C. Buildings shall be set back a minimum of thirty-five(35) feet from abutting off- site residentially zoned districts, and a minimum fifteen (15) foot Type "B" perimeter landscape buffer shall be provided. I I D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare,or other interference.. 5-2 N.12001,01-0091.00 Silver LekesO000I Insubstantial PUD Amendment#373512003-Amen ilver Lakes PUD 3-22-05 Clean-doe - i E. Preserve Setbacks: 1) Principal Structure:Twenty-four(24)feet. Deviation from LDC Subsection 3.05.07 where a principal structure is required to be set back from a preserve twenty-five(25)feet. 2) Accessory Structure:Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this MPUD Document. G. Maximum Height: 1) Principal Structure: Thirty-five(35)feet. 2) Accessory Structure: Fifteen(15)feet. H. Minimum Of Street Parking and Loading: 1) Private Golf Course: Two (2)spaces per hole plus one(1)space per 300 square feet for office/lobby/pro shop/ health club/clubhouse/lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation(non—golf course)/Administrative Areas: One(1)space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per additional 250 square feet of gross floor area for other (enclosed) recreational/administrative facilities. 3) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Subsection 5.2.B.3. of this Document. 4) Loading Areas: As required by the LDC in effect at the time of final site development plan approval. I. Landscaping: The landscaping requirements shall conform to the County LDC in effect at the time of final site development plan/construction plan approval. 5-3 N:L2001'O1-009I.00 Silver Iakesl0001 Insubstantial PUD Amendment#3735\2003-AmendmentlSilver Lakes PUD 3-22-05 C1esn.doe 5.4 HURRICANE SHELTERS: The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building permit application. However, since that dine period it has been determined that hurricane shelters shall not be provided within the Coastal High Hazard Area. Therefore,the Clubhouse shall not be deemed a hurricane shelter. 5-4 N!2001'0 I-0091.00 Silver Cakee0001 Insubstantial PUD Amendment#373312003•Amendmsat1Sllver lakes PUD 3-22-0S Clean.doc SECTION VI CONSERVATION AREA 6.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "A". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 USES PERMITTED: No 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: I) Open spaces/nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project. 6-i N 001,Ot-0091.00 Silver Lknt000I Insubstantial PUD Amendment 03775V003-Amendment\Sitver Lakes PUD 3-22-05 Clan.doc II • SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B,Buffer Area on Exhibit"A". Tract"B",Buffer Area,is subject to an easement intended to protect residential land uses from more intensive residential land use,possible impacts from adjacent roadways and/or nonresidential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1) Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Berms a. Grassed berms: 4:1 maximum slope. b. Berms planted with ground cover and landscaping: 3:1 maximum slope. 3) Fences/walls: In accordance with the LDC in effect at the time of SDP approval. 4) Signage. B. Accessory Uses: 1) Utility and drainage facilities. • 7-1 N:1200110I.0091.00 Silva L ekes\0001 Insubstantial PUD Amendment#373512003-Anieadatent■SNver Lakes PUD 3-22-05 Cleen.dac 7.3 DEVELOPMENT REGULATIONS: A. A twenty(20) foot wide right-of-way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights-of-way. Furthermore, adjacent and to the east of the clear area, a twenty-five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners' organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit"A"as Tract B,other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen(15) foot wide buffer strip. 7-2 N:12001V1.0091.00 Silver Lakes1000I Insubstantial PUD Amendment"373512003-AmeidmonSilver Lakes PUD 3-22-05 C1ean.doc • SECTION VIII DEVELOPMENT COMMITMENTS • 8.1 PURPOSE: The purpose of this Section is to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the final SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance with Exhibit "A",MPUD Master Plan, and the regulations of the MPUD, as adopted,and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, his successor or assigns, in title, are bound by the commitments within this Document. 8.3 MPUD MASTER PLAN: A. Exhibit"A",MPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 and 10.02.05 of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 of this Document. 8-1 N:12001■010091.00 Silver Lakes 0001 Insubstantial PUD Amendment#3733 12003-Ametldment‘Sliver Lake PUD 3-22-03 Clan.doc The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase fray include the construction of 178 park/TTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase I. The plan of development for Phase II will be to construct the remaining lots and related infrastructure, as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases, or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three(3)years after Phase I is completed. 8.5 TRANSPORTATION AND ENGINEERING: A. All traffic control devices, signs,pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard(S.R.951). C. A FDOT right-of-way permit shall be provided before construction plans approval. All work within Collier County rights-of-way or public easements shall require a tight-of-way permit. D. A letter of no-objection from Florida Power and Light allowing encroachment into the Florida Power and Light easement shall be provided before construction plans approval. E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the largest vehicle combinations expected to use it. F. The developer provided a turning radius of not less than 50 feet to serve northbound turning movements. G. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. The existing approval of the entrance location shall not imply that a median opening will be permitted upon the four laving of Collier Boulevard(S.R.951). 8-2 M1001'01-0091.00 Silver Lakes\0001 insubstantial PUD Amendment#3 7 3 5120 03-Amendment\Silver Lakes PUD 3-22-05 Clean.doc I. Site-related improvements necessary for safe ingress and egress to this project,as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. J. Road impact fees shalt be paid in accordance with Collier County Ordinance 01- 13,as amended,and Subsection 10.02.07 of the LDC,as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended,and the LDC,as it may be amended.Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation,and roadway capacity. L. Nothing in any development order shall vest a right of access in excess of a right- in/right-out condition at any access point.Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof,be the basis for any figure cause of action for damages against the County by the developer,its successor in title,or assignee. M. All internal roads, driveways, alleys, pathways, and sidewalks shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. N. If any required turn lane improvement requires the use of existing County rights- of-way or easements,compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 8.6 UTILITIES A. Water distribution,sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04-31,and other applicable County rules and regulations. 8-3 N:12001%01-0091.00 Silver Laka\0001 insubstantial PUD Amendment 1/373S12003-silver Lakes PUD 3-22-0S Cksn4oe B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and / or sewer facilities are available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable water to the project and/ or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on-site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project,such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer,binding on the interim provider and the developer,his assigns or successors regarding any interim treatment facilities to be utilized. The agreement shall be determined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in conformance with the requirements of Collier County Ordinance No. 04-31. D. The existing off-site water facilities of the District shall be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The on-site water distribution system to serve the project shall be connected to the District's 10-inch water main on the east side of SR-951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead-end mains shall be eliminated by looping the internal pipeline network on cul-de-sacs, unless otherwise approved by the Collier County Utilities Division. 2) Stubs for future system interconnection with adjacent properties shall be provided to the east, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. 8-4 N:\200I101-0091.00 Silver Lkes10001 Insubstantial PUD Amendment#373512003-Amendmem Silver Lakes PUD 3-22-05 Ciam.doc • F. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right-of-way. The force main shall be extended from the main on-site pump station to the east right-of-way. The force main shall be extended from the main on-site pump station to the cut right-of-way line of Collier Boulevard(S.R.951)and capped and valved for future disconnection from the proposed interim utility system to save the project. The configuration will permit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone,power,and TV cable service shall be made available to all park/TTRV and residential areas. All such utility lines shall be installed underground. 8.7 WATER MANAGEMENT: A. Detailed paving,grading and site drainage plans shall be submitted to Engineering and Environmental 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 Department of the Community Development and Environmental Services Division. • B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of Laws and Ordinances (COde) and SFWMD Rules. D. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10%of the total or a maximum of 20,000 cubic yards, may be removed and utilized off-site subject to the requirements of the Code. Removal of material in excess of 10'/0 of the total,or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section 22 of the Code. E. A copy of SFWMD Permit or early work permit is required prior to construction plan approval. � I 8-S N:\2001V1.0091.00 Silver Lakes10001 bisub:mitial PUD Amendment 5373512003-Amandmea6Silver Laces PUD 3-2245 Clan-dee F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right-of-way shall be submitted before construction plan approval. If the Department of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Planning Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off-site drainage shall be routed through the project in an interceptor swale that discharges to the Collier Boulevard (S.R. 951) canal or to an existing ditch located on the easterly,adjacent property at the property boundaries. The off-site drainage shall not be incorporated in the on-site water management system. H. At the time of construction plan review,the developer shall provide an analysis of the capacity of the proposed off-site runoff interceptor swale. I. The proposed off-site runoff interceptor swale shall be platted and dedicated as a drainage easement. J. All proposed easements for Collier County storm water facilities shall be maintained free of landscaping,berms, or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 8.8 ENVIRONMENTAL: A. This MPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPUD shall comply with the guidelines and recommendations of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval C. Except where provided for elsewhere in this Document, all new principal structures erected or placed pursuant to permits applied for after the effective date of this MPUD shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. 8-6 N:12001101-0091.00 Silver Laka0001 Insubstantial PUD Amendment#37332003-AmendmeiMSilver Lakes PUD 3-22-03 Clan.doe D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and . subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species,fire management,and maintenance. F. All required approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final SDP/construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring,and maintenance(exotic free)plan for the site, with emphasis on the areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP/construction plan approval. A schedule for removal of exotics within all preservation areas shall be submitted by the developer with the above-mentioned plan. 8.9 PLANNING COMMITMENTS: A. Improvements within Unit 30B, as described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission. B. Although construction plans / plat(s) may be approved, the Silver Lakes development may not proceed with infrastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated"Dry Models"are exempt from this provision. C. If during the course of site,clearing,excavation,or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. 8-7 N:1200I'OI-0091.00 Silver lakaW001 insubstantial PUD Amendment 03735 12003-Anwtdrtun6Silver lakes PUD 342-03 Clegn.doc D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association,Inc.,by the delivery of executed deed(s),within sixty(60) calendar days after the adoption of this PUD.: 1. Tract CR2 of Silver Lakes, Phase Two-B according to the plat thereof recorded in Plat Book 25,pages 69 and 70 of the Public Records of Collier County,Florida; 2. Except for the Southwest 300* foot, fenced parcel, lying south of the FP&L Easement, Tract CRS of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County,Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8,2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Owners Association,Inc.; 3. Tract B2 of Silver Lakes, Phase Two-E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County,Florida.; 4. Tract CO2 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida; 5. Tract CR6 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida.; 6. Tract CR10 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida; 7. Tract CR11 of Silver Lakes,Phase Two-F according to the plat thereof recorded in Plat Book 33,pages 37 and 38 of the Public Records of Collier County,Florida. E. The real property described in that certain Conservation Easement recorded in Official Records Book 3242,Pages 0981 through 0987 of the Public Records of Collier County, Florida shall be conveyed to the Silver Lakes Property Owners Association,Inc.by the delivery of executed deed(s), on or before March 8,2009. 8-8 N:12001101-0091.00 Silver Lakee■0001 Insubstantial PUD Amendment#373512003-AmendmenASiiver Lakes PUD 3-22-05 Clenn.doc 8.10 SIGNS: • All signage shall be in ac cornance Section 5.06.00 of the LDC, with the following exceptions; A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the Collier Blvd. (S.R.951) frontage,and may protrude above said wall to the extent of not more than three(3)feet,subject to the following requirements: 1) Such signs shall contain only the name of the development,the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s)shall not exceed sixty(60)square feet. B. One (1) ground or wall sign may be located along the Collier Boulevard (S.R. 951)frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty(30)square feet. 8.11 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 final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC,provision shall be made for the future use of building space within common areas for the purposes of accommodating the !unction 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, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation / public building / public room or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. 8-9 N:■2001■01-0091.00 Silver LakesM0001 Insubstantial PUD Amendment 0373312003-AmendmatnSilver Lake PUD 3-22-05 Ciem.doe ' • --_ STATE ROAD 951 (200' ROW) • i - --jam__- ----- _ in I 4 tam max_ '�•. i11I ;----- III 11 I 'Mr7 J w i— rr , I I i,Nilir ti ik .1 Wyr/ 4 ' . } d I : 1 i - r i r ; ' ' ....11 I. . 1a1 t t b i i * he•s••• iZ°s°••• q 1 I L••••N• I i-01:: 0:::Pi>I II - + •�i ••p• ellglle4 . , HI ,... i I / 1 I !ti.es.• sj_t E r1; r) .../Ullr's blin :1 < en:4 4 a. Illifi!I3 _ _ • i 1 v,I 7).411 ; liviR1416 1 N,s,\ i 1 1 z III i i g 114 \,.. '- %. 'ail :400 ehdp.1 M c e Iii41 � I I . °••°•• i 1 )111 Z 3' C/) IN q ak E .: 1 i II I t 1 is&Os • ).0 a cn PlEglill 1 1 ..-:-..==.7.-_- 1 eill•e_••• rn II' ti.CI I; Q12 2 ri cl ri 0„,•••••• • + + g fil 1 io 7)) /9/ ' 1,1,11.!*11•Llei 30 ON „ , , . . ii. _ 0 •,,, z m Mill ...,;,ii I /j -,, 1 ii ?•: (1/1) II ... 3.ya ° il It s ti i,; o:• i + II +I II ° • •• I I� 11 :•,,>D•• • f i ' 11 1 ' ++ ro I+ °°• °i al I. +I1. .•• ••••• ii. oP 11 - -) 1 1 '--j ti oar s. T 44 I It�T '� +�r TRACT"AR- , lII—--- r •e•••••:` 0 i •.. ..._.• i TRACT-Ai ••oi ••• L ,r •s••°••• ©© I ova 01.110 PLO PINTS TIE/ t F. c_7.1.:=7,1*4 I'C7-T Armor EXHIBIT A ammo eta wawa ammo -I\IM.WOO MOnn.I .A.•••w•.nlm..Po rrI..IIIm....• mow..I.y..A r — 7.11 a �cspl Ps r w s am. CGNGII'X DM dIALIVI OEMMEW IMAM a ,..r, MEM MIMI 11111M ZrVelfarral.lowsliCcalaili =OM sta SMINNIIII us Ara;MA5/L17 PLAN I..rr..0Irw ew 001111111 w W.. I wrrr.r0rwUl.wrrr mown Ilr/IwPIn r 1 airs STATE OF FLORIDA) • COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-14 Which was adopted by the Board of County Commissioners on the 22nd day of March 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2005. DWIGHT E. BROCK•' 1',1Eiis. Clerk of Court Sand Cie Ex-officio toy 1p e.`. County Commissi• .Fs� By: Linda A. Ho ,, Deputy Clerk A .. li . 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Attachment C V4� CenturyLink- 3530 Kraft Rd.Unit 100 Naples,FL 34105 September 4,2015 Carlo F. Zampogna Zampogna Law Firm 1112 Goodlette Road North, Suite 204 Naples, Florida 34102 RE: No 1063 Diamond Lake Circle(Lot 12,B;ock 2)Silver Lakes Ph. 2, Collier County. Dear Mr. Zampogna: This letter will serve to inform you that CenturyLink has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle, for a structure that lies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance, please feel free to contact me at(239) 263-6210. Si <<- IY. 1,/ e ,".- Glady. H es Ne irk Engineer II - E&C GXH:ns cc: Easement File Attachment D August 28,2015 Carlo F.Zampogna Zampogna Law Firm 1112 Goodlette Road North,Suite 204 Naples, Florida 34102 Re: 1063 Diamond Lake Circle(Lot 12,Block 2)Silver Lakes Ph.2,Collier County Dear Mr.Zampogna, This letter will serve to inform you that Comcast has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle,for a structure that lies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance,please feel free to contact me at (239)707-3998 Sincerely, Mark Cook Project Coordinator August 28,2015 Carlo F.Zampogna Zampogna Law Firm 1112 Goodtette Road North,Suite 204 Naples,Florida 34102 Re: 1063 Diamond Lake Circle(Lot 12,BIock 2)Silver Lakes Ph.2,Collier County Dear Mr.Zampogna, This letter will serve to inform you that Florida Power&Light Company has no objection to the Variance in the front of the property located at 1063 Diamond Lake Circle,for a structure that lies 7.1 feet in the Utility Easement and has no objection to this structure. Should you require additional information or assistance,please feel free to contact me at (239)353—6070. Sincerely, Ai - Philip Davis Associate Engineer-DSBN Florida Power&Light Co. qui Billowing, lug. Consulting Structural Engineers PE#52288 TEL:239-872-2179 135 Gulfview Avenue COA#29576 E-mail:jckosinski@cs.com Fort Myers Beach,FL 33931 RESIDENTIAL COMMERCIAL INSTITUTIONAL INDUSTRIAL February 17,2012 Bob Ralston 812-336-5913 bob@robertralston.com Affidavit 1063 Diamond Lake Circle We have reviewed the information provided and visited the site and have determined that it would be structurally impossible to remove approximately 3 feet from the front of this unit without endangering the integrity of the residence. This report is based on visual observations. This inspection is intended for and limited only to the above referenced items. Conditions not observed or visible may be present that affect the integrity of the system. If you should have any questions,please call. Digitally signed Sincerely, by Joseph C J.C. Kosinski Engineering Inc. Kosinki �ya��' s;I DN:cn=Joseph 0`T,,CEM=, Cr�" Joseph C. Kosinski,PE ' 7 .. C Kosinki, o, ou, Structural Engineer, FL PE#52288 , „Ra email=jckosinsk Marianne Shaw i@cs.com, c=US m.burtshawvahoo.com Date: Mike Richwalder 2014'12.1 7 711 5th Ave Suite 200 10:53:02 -05'00' Naples 239-261-0592 m ike(a�zampogna-law.com Attachment E 410 • COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS • PERMIT REMIT #: 1999091795 PERMIT TYPE: BR2A VALID #: '795 ISSUED: 10-01-99 BY: TERILLA J APPLIED DATE: 09-27-99 APPROVAL DATE: 10-05-99 MASTER #: COA #: JOB ADDRESS: 1063 DIAMOND LAKE CIR JOB DESCRIPTION: ADD. RAISED DECK. FAM.RM.,BATH & CARPORT JOB PHONE: (9411775-6696 • SUBDIVISION #: 1642 - Silver Lakes Phase Two A BLOCK: 2 LOT: 12 FLOOD MAP: 0615 ZONE; AE-7 ELEVATION: FOLIO 0: 0000073625007347 SECTION-TOWNSHIP-RANGE 10 51 26 OWNER INFORMATION: CONTRACTOR INPORMATIONs SPENCER TR. GENEVA B DIG-M INSTALLERS. INC. �YT" ITF GENEVA B SPENSER REV TR 209 LARKSPUR LANE UTD 12/11/92 BLOOMINGTON, IN 474089627 MIDDLE RIVER,MD 21220-2061 CERTIFICATE #: 18726 PHONE: (800)662-3446 1 FCC CODE: 434 - R/ADD ITION. ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 45,000.00 TOTAL SQFT: 624 SETBACKS FRONT: 10.00 REAR: 8.00 LEFT: 5.00 RIGHT: 5.00 SEWER: SEPTIC WATER: WELL CONTACT NAME: MARIE CONTACT PHONE: (941)775-6696 Per Collier County Ordinance No.2002-01,as it may be amended,all work mut comply with all applicable laws,codes,ordinances,and my additional stipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within s1x(6)months from the date of issuance of the permit Additional fees for lhiling to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITS YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Attachment F Building Review and Permitting Page l of 4 Permit Tracking and Inspection COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT PE ' IT NBR _ JOB DESC: ADD. RAISED DECK, 11. STATUS: JOB LOCATION: 1063 DIAMOND LAKE CIR FOLIO NUMBER: 0000073625007347 SUBDIVISION: 1642/ Silver Lakes Phase Two A BLOCK: 2 LOT: 12 MASTER NBR: TRS: TAZ: 162 COA: FLOOD ZONE: AE-7 OWNER NAME: SPENCER TR, GENEVA B JOB PHONE: (941)775-6696 CERT NBR: 18726 DBA: DIG-M INSTALLERS, INC. JOB VALUE: $45,000.00 CONTACT NAME: MARIE CONTACT PHONE: (941)775-6696 SETBACKS: FRONT: 10.00 REAR: 8.00 LEFT: 5.00 RIGHT: 5.00 SPECIAL: UNIT: TRACT: NONE Important Dates: APPLY APPROVE ISSUED CO EXPIRE CANCEL EXT- EXPIRE 09/27/1999 10/05/1999 10/07/1999 04/04/2000 01/14/2009 SubContractors: CERT SUB START NBR STATUS DATE END DATE STATUS CLASS DBA 10610 ACTIVE 10/02/1999 CANCEL EL PREFERRED ELECTRIC SERVICE,INC 16396 ACTIVE 10/02/1999 CANCEL PB PREFERRED ELECTRIC SERVICE,INC 18726 ACTIVE 10/02/1999 CANCEL RF PREFERRED ELECTRIC SERVICE,INC 13766 ACTIVE 10/05/1999 CANCEL ME PREFERRED ELECTRIC SERVICE,INC SubPermits: (PERMIT II http://apps.colliergov.net/c _ �r.,. ....,.,.cfr?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 2 of 4 11NBR IISTATUSIITYPE IICERT_NBRIIDBA IIJOB DESC I� FEE SCHEDULE: FEE STATUS DESCRIPTION WAIS AMOUNT ENTER CODE DUE DATE 08BAPM POSTED BLDG. PERMIT ADDIT. APP. FEE N $36.00 09/27/1999 08BCAI POSTED BLDG.CODE CERT. SURCHARGE N $3.12 10/05/1999 08BPNP POSTED BLDG PERMITS -NAPLES N $426.00 10/05/1999 08MFSG POSTED MICROFILM SURCHARGE N $3.00 10/05/1999 08RDGS POSTED BLDG. PERMIT SURCHARGE N $3.12 10/05/1999 08BACR POSTED BLDG. PERMIT APP. FEE CREDIT N ($36.00) 08BREV POSTED PERMIT REVISION N $72.00 10/20/1999 06REIN1 POSTED REINSPECTION 1 N $25.00 06REIN1 POSTED REINSPECTION 1 N $25.00 1Inspection History: REQ RES RES REQ!CLASS DESCRIPTION/REMARKS PRI DA E CODE DATE INSPECTOR II FINAL ELECTRICAL REV. 10/20/99 ADD SHED,DELETE CARPORT AND 502 EL MAKE INTO 0 RAISED FAMILY RM,ADD CLOSETS, ADD MORE ELECTRICAL OUTLETS FINAL 099 ST ELECTRICAL 0 11/02/1999 90 11/02/1999 NARGI_P BK 2597 PG 1517 FINAL ELECTRICAL 107 ST COMPLETED 0 11/02/1999 90 11/03/1999 HARRISON_G BEFORE INSP. NEED ENG. LETTER FINAL 107 ELECTRICAL 0 11/03/1999 75 11/03/1999 RADFORD_M FINAL ELECTRICAL 108 ST COMPLETED 0 11/02/1999 90 11/03/1999 HARRISON_G BEFORE INSP. NEED ENG. LETTER http://apps.colliergov.net/conundev/permits/tracking_insp/AllDetails.cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 3 of 4 FINAL 108 0 11/03/1999 75 11/03/1999 RADFORD M ELECTRICAL — FINAL 109 ST ELECTRICAL 0 11/09/1999 90 11/09/1999 LUEDTKE_K FINAL ELECTRICAL 111 COMPLETED AT 0 11/02/1999 91 11/02/1999 HARRISON TIME OF INSP. FINAL 113 ELECTRICAL 0 11/02/1999 80 11/02/1999 HARRISON G NEEDS TO BE — TAKEN TO OFFICE FINAL ELECTRICAL REV. 10/20/99 ADD SHED,DELETE CARPORT AND MAKE INTO 115 ST RAISED FAMILY 0 12/03/1999 81 12/03/1999 HARRISON G RM,ADD CLOSETS, — ADD MORE ELECTRICAL OUTLETS ADDRESS NO AND DOOR BUMPERS FINAL ELECTRICAL 115 A.M. FAIL,P.M. 0 12/03/1999 90 12/03/1999 HARRISON PASS FINAL 120 ST ELECTRICAL 0 11/02/1999 90 11/02/1999 HARRISON_G FINAL 122 SS ELECTRICAL 0 FINAL 127 ELECTRICALFINAL 0 134 RF ELECTRICAL 0 11/09/1999 90 11/09/1999 HARRISON_G FIN200 PB E ECTRICAL 0 11/02/1999 81 11/02/1999 NARGI_P FINAL 300 ME ELECTRICAL 0 11/02/1999 90 11/02/1999 NARGI_P FINAL 301 ME ELECTRICAL 0 12/03/1999 90 12/03/1999 NOONAN_D FINAL 501 ELECTRICAL 0 11/02/1999 91 11/02/1999 LUEDTKE_K 11/2/99 CK FUSING http://apps.colliergov.net/commdev/permits/tracking_insp/A11Details.cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 4 of 4 AT 502/DMD http://apps.colliergov.net/commdev/permits/tracking_insp/AllDetails.cfm?PermitNbr=199... 9/23/2015 J U a Y ce ` \ Z r re d• /4Jcc Y QNM (O J°"" gr- J1 ,._tO CSJ Z'n� Wa. � ONt� r— v ,, . omce cainU ,- � Zrn G 1 N . W y6 g N 1 N of tll, Q1• 3 d A 4Ny le F r ditit: [IDE QIP ......_. .,,4 441 II I I �� or N C co N LL L c ow U C7NN N IX � rr) N +� a to O � fie" I ti X W ® g * ;i3, `) co IIS` g XQ` o ' ''r CO ,�T 0 u 's oxo 0 .. _. ha ID CM CO Tr .... 0 Au --I fl. m CL N C N N 0 icl 0. 611 Ks_ I < P N :'.! 0, rt d C N N d O/ .0 U ill N w In a, v LI C,1 X N N j U 4 N O d oN V67 1_ lei In Ocrl 6. ® 1. OP 0 fl. 4q 6fi/ /3 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT#: PRBD2014123348701 PERMIT TYPE: AL ISSUED: BY: APPLIED DATE: 12-02-14 APPROVAL DATE: 12-09-14 MASTER#: COA: JOB ADDRESS: 1063 Diamond Lake CIR JOB DESCRIPTION: 10x 24 screen room on raised wood deck 240 square on JOB PHONE: existing 1063 DIAMOND LAKE CIR SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 73625007347 SECTION-TOWNSHIP-RANGE: 10-51-26 OWNER INFORMATION: CONTRACTOR INFORMATION: SPENCER TR,GENEVA B GENEVA B SPENSER STEVEN J RHODES INC REV TR UST UTD 12/11/92 P.O.BOX 512150 1128 LINDEN DR BLOOMINGTON ,IN 47408- PUNTA GORDA,FL 33951— CERTIFICATE#:•CI6107 PHONE: FCC CODE: CONSTRUCTION CODE: 0207 JOB VALUE: $2,400.00 TOTAL RES SOFT: 240.00 TOTAL COMM SOFT: 0.00 SETBACKS FRONT: REAR: 8 DE/LME LEFT: 5 RIGHT: 5 SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OP ' '• "TTAT,.7Tt1 •1TTAT.T T1T/1AT1T\T"7/" YOUR NOTICE OF Attachment G COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate is issued pursuant to the requirements of the Florida Building Code Section 110.1, use and occupancy, certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction for use for the following: PERMIT NBR: PRBD2014123348701 STATUS: Finaled CO TYPE: Occupancy ISSUED DATE: February 06, 2015 ADDRESS: 1063 Diamond Lake CIR SUBDIVISION: LEGAL DESCRIPTION: SILVER LAKES PHASE SECTION-TOWNSHIP-RANGE: 10.00-51.00- TWO A BLK 2 LOT 12 26.00 UTILITY COMPANY: NUMBER OF METERS: JOB DESC: 10x 24 screen room on raised wood deck 240 square on existing 1063 DIAMOND LAKE CIR Name of the Building Official: JONATHAN WALSH Edition of the Code under which the permit was issued: FBC 2010 Use and occupancy, in accordance with the provisions of Chapter 3 of the FBC: Type of Construction: Design Occupant Load: Automatic sprinkler system is provided,whether the sprinkler system is required: Special stipulations and conditions of the building permit: OWNER: SPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST UTD 12/11/92 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. as•0,___P.II. 1 e____----- „„,,0 ,......a .„„, ,.... ... 1 .. , , ....„ ._ ...„ .„!, ...„: „..„ , •.'. . . - ...- . .. - . ..„, _ - ,,.., .-- ... ..... ..„. -r ....s . ... . . .... .... : a - 'qr. • . --,-, - - .... .,, . . . . • . • --- - .... . . . . . •, . (r-• , .... ,. ,.. . ....., ..,---_ , .-- - . - _• ---, , • . 4...• :. • 4 _.. ,..10 ,.: .i.- • le , ',.. . *.• .. . :... • . ,.., . . . .. •... Olhri. iim,. ,.',.T. .,.... 4 ....• . . . e , • it- •• . AI . "I, - - P ,, .. '• illk ••41100 ,•••• 11,p A, ,,,, or.,..71, -;!,_-• .. ,„ . . - iir P 1111 .7 W.'" fir...... -4 ' . -•.. . . • ....... .... AGENDA ITEM 4-0 S& nty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: OCTOBER 22, 2015 SUBJECT: ZVL (CUD)-PL20150001787.CITY GATE COMMERCIAL CENTER PHASE ONE PROPERTY OWNER/AGENT: Applicant: City Gate Development, LLC 9010 Strada Stell Court #207 Naples, FL 34109 Agent: Frederick E. Hood, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, Fl 34104 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager that the proposed use of an air-conditioned mini- and self-storage warehousing and a non-air conditioned, outdoor accessible mini- and self-storage warehousing (SIC Group 4225) are comparable and compatible to other permitted uses in City Gate Commerce Park Planned Unit Development (PUD) for the commercial area (Ordinance Number: 88-93, as amended). GEOGRAPHIC LOCATION: The subject site is located within the City Gate Commerce Park Planned Unit Development (PUD). more specifically within the City Gate Commerce Center Phase I Plat, Plat Book 41, Page 66, on the east side of Collier Blvd, north of 1-75. There are 14 subject parcels ranging from 1 acre to 4.55 acres for which the applicant seeks a Comparable Use Determination. The Applicant owns five of the parcels, but is permitted to seek this ZVL(CUD)-PL20150001787 Page 1 of 6 City Gate Commercial Park-Review 9/22/15 determination for the other 9 parcels because this will only add allowable uses to the properties and does not act to permit development of the properties. SURROUNDING LAND USE & ZONING: Subject: Undeveloped and developed parcels; zoned City Gate Commerce Park PUD North: Single family residences including a canal across parcels zoned Estates East: Municipal Water Plant zoned Agriculture; across which is undeveloped land zoned City Gate Commerce Park Industrial South: White Lake Industrial Park West: Collier Blvd ROW; across is undeveloped commercial zoned Golden Gate Commerce Park PUD c......,_ 1 i 444^', 'wil.."; -4 -1. -N‘'N'- 'N,1 14 lis , I li ,. tell . %., 1 s's — f -` i j'i. :rill- -.-. , 1 _ = to CA.N . , � I .1 g;j111 t I _ ffi , 3. A 1 w.£+s#er{.s ,tr w'°aew.p Ast^aan AMOK% I $ '.' C Aerial Photo(CCPA); Diamonds Denote Properties ZVL(CUD)-PL20150001787 Page 2 of 6 City Gate Commercial Park-Review 9/22/15 PURPOSE/DESCRIPTION OF PROJECT: The Applicant requests a determination that the uses of air conditioned, enclosed mini- and self-storage warehousing and non-air conditioned, outdoor accessible mini- and self-storage warehousing [Standard Industrial Classification (SIC) Group 4225 General Warehousing and Storage] are comparable to permitted uses in the City Gate Commerce Park PUD for parcels located West of the Florida Power & Light (FPL) Easement. The City Gate Commerce PUD, Ordinance Number 88-93, as amended, does not specifically permit the use of either an air conditioned enclosed or non-air conditioned outdoor mini- and self- storage warehousing West of the FPL Easement. The PUD under Section III, Project Development Regulations, 3.2 Uses Permitted, A. Principal Uses, West of the Florida Power& Light Easement lists the following as permitted principal uses: 1. One gasoline service station or fuel dispensing facility. (Listed as SIC 5541 and per the LDC listed as General Commercial (C2) Principal Use (P) - Heavy Commercial (C5)P) 2. Hotels or motels including integral cocktail lounges. (Listed as SIC 7011 and per LDC listed as C4P-05P) 3. Retail sales and personal sales businesses which are travelers and/or the City Gate Commerce Park market. (Listed, in general, as SIC 5311 and per LDC listed as C4P-05P) Furthermore, in the PUD under Section 3.2 A, Both East and West of the Florida Power & Light Easement,the following are permitted principal uses: 2. Utilitarian, recreational,educational, and medical uses and services 4.Any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses The applicant asserts that an enclosed mini- and self-storage warehousing and a non-air conditioned, outdoor accessible mini- and self-storage warehousing uses are comparable in nature with C-4 and C-5 land uses, which are the land categories of permitted principal uses in the PUD. The PUD stipulates comparable and/or compatible uses with the listed permitted uses can be determined by the Planning/Zoning Director. Therefore the applicant seeks determination of comparable/compatible use from the Planning/Zoning Director and seeks affirmation of that opinion by the HEX. ANALYSIS: LDC Section 10.02.03 J.b. states that "the county manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the HEX". The permitted uses located West of the Florida Power & Light (FPL) Easement within the City Gate Commerce Park PUD range from C-2 to C-5 uses. For example Hotels or Motels, both permitted uses within the PUD West of the FPL ZVL(CUD)-PL20150001787 Page 3 of 6 City Gate Commercial Park-Review 9/22/15 I '. Easement, are categorized as principal uses within C-4 and C-5 of the LDC. The LDC states SIC Group 4225, General Warehousing and Storage, as C-4 conditional use and C-5 principal; of which enclosed mini- and self-storage warehousing or non-air conditioned outdoor accessible mini- and self-storage warehousing belong. It should be noted that a principal use East of the FPL Easement allows for storage under Section III, 3.2 A. Principal Uses East of the FPL Easement, 5. Storage and distribution uses. Moreover the PUD states under Section III, Both East and West of the Florida Power & Light Easement that permitted uses also include utilitarian uses. Utilitarian is defined by Merriam- Webster.com as, "made to be useful rather than to be decorative or comfortable; to be functional, serviceable, and useful". An air conditioned, enclosed and a non-air conditioned outdoor mini- and self-storage warehousing can be considered a utilitarian use under this definition; it would exceed the standards of the utilitarian definition due to its location in the Activity Centers #9 zoning district. Additionally, indoor air conditioned and outdoor non-air conditioned mini- and self storage is a less intense use (in way of traffic and utility impacts)than many of the permitted uses in the PUD. Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of air conditioned, enclosed mini- and self-storage warehousing and non-air conditioned, outdoor accessible mini- and self-storage warehousing [Standard Industrial Classification (SIC) 4225 General Warehousing and Storage] is comparable in nature to other permitted principal uses under Section 3.2 (A) of the PUD and is therefore a permitted use in the subject 14 parcels in the City Gate Commerce Park, located in the City Gate Commerce Center Phase I Plat, West of the Florida Power& Light Easement. Please note the following guidelines in the Activity Center #9, as provided in the LDC Overlay Section 4.02.23: 1. Design Theme Requirements: All parcels in question are located in Activity Center #9 zoning district. Per the Collier County LDC, 4.02.23- Same— Development in the Activity Center #9 Zoning District, A. All buildings and projects shall be developed or redeveloped in accordance with 1 or more of the design themes defined in the Activity Center # 9 Interchange Master Plan. The design themes shall be incorporated into architecture, landscape, signage, gateway features, and roadway. Thus the comparable usage sought in this determination would have to follow the regulations as stipulated for this Zoning District 2. Buffer Requirements: All parcels in question would have to follow specific regulations as stipulated by LDC, 4.02.23- Same – Development in the Activity Center #9 Zoning District, D. Landscape buffers adjacent to road rights-of-way. Moreover, any property located adjacent to the properties zoned Estate and next to the canal will have follow buffer requirements as stipulated within LDC 4.06.02- Buffer Requirements. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this Staff Report on September 22,2015. ZVL(CUD)-PL20150001787 Page 4 of 6 City Gate Commercial Park-Review 9/22/15 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinions of the Zoning Manager that: The use of air conditioned, enclosed mini- and self-storage warehousing and non-air conditioned, outdoor accessible mini- and self-storage warehousing [Standard Industrial Classification (SIC) 4225 General Warehousing and Storage] is comparable in nature to other permitted principal uses under Section 3.2(A)of the PUD and is therefore a permitted use in the subject 14 parcels in the City Gate Commerce Park PUD located in the City Gate Commerce Center Phase I Plat, West of the Florida Power&Light Easement. Attachments: A. Application B. City Gate Commerce Park PUD,(Ordinance Number: 88-93) C. Zoning Verification Letter ZVL(CUD)-PL20150001787 Page 5 of 6 City Gate Commercial Park-Review 9/22/15 PREPARED BY: ( ,itz 4 6)// 21 / RACHEL BEASLEY, PIANNER DATE ZONING DIVISION REVIEWED BY: - AL' 9,4242°16 RAYM•4 D V. BELLOWS, ZONING MANAGER DATE ZONIN DIVISION - rs MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150001787 Page 6 of 6 City Gate Commercial Park Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collicrgov.net (239)252-2400 FAX:(239)252-6358 Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J &Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER ZLTR- P1,20150001787 (Comparable Use) PROJECT NAME City Gate Commerical Center Phase One DATE PROCESSED Date: 8-6-2015 Due: 9-6-2015 PUD Zoning Distric Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): City Gate Development, LLC Address: 9010 Strada Stell Court#207 City: Naples State: FL ZIP: 34109 Telephone: (239) 593-1002 Cell: Fax: E-Mail Address: roger@attyrogerrice.com Name of Agent: Frederick E. Hood, AICP Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite 201 City: Naples _State: FL ZIP: 34104 Telephone: 239.434.6060 Cell: _Fax: 239.434.6084 E-Mail Address: fired@davidsonengineering.com PROPERTY INFORMATION Site Address: CITY GATE COMMERCE CENTER PHASE ONE Folio Number: See attached list Property Owners Name: City Gate Development. LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "1 request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of Group 4225 is comparable and compatible with the permitted uses in the City GateCcmmercepa•k PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Page 1 of 91 Attachment A Gooier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County ❑ I x website) Determination request and the justification for the use r C PUD Ordinance and Development Commitment information n n Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all [] Q materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 31 si Applicant Signature Date Frederick E. Hood, AICP Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands thot this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 Page 2 of 91 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE Di1'ISIO\ OF COR4'OR.1I-10\S t Detail by Entity Name Florida Limited Liability Company CITYGATE DEVELOPMENT, LLC Filing Information Document Number L03000014212 FEI/EIN Number 20-0064825 Date Filed 04/15/2003 Effective Date 04/15/2003 State FL Status ACTIVE Principal Address 9010 STRADA STELL CT UNIT 207 NAPLES, FL 34109 Changed: 02/05/2007 Mailing Address 121 S. MAIN STREET STE 500 AKRON, OH 44308 Changed: 04/30/2012 Registered Agent Name & Address RICE, ROGER B 9010 STRADA STELL CT UNIT 207 NAPLES, FL 34109 Address Changed: 02/05/2007 Authorized Person{s) Detail Name&Address Title MGRM BRENNAN, DAVID L, Trustee 850 NELSON'S WALK NAPLES, FL 34102 Title MGR http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/31/2015 Detail by Entity Name Page 2 of 2 SUNSET VIEW MGMT CO., LLC 159 S. MAIN ST. STE 500 AKRON, OH 44308 Annual Reports Report Year Filed Date 2013 04/26/2013 2014 02/27/2014 2015 03/02/2015 Document Images 03/02/2015--ANNUAL REPORT View image in PDF format 02/27/2014--ANNUAL REPORT View image in PDF format 04/26/2013--ANNUAL REPORT View image in PDF format 04/30/2012--ANNUAL REPORT View image in PDF format 02/28/2011 --ANNUAL REPORT View image in PDF format 02/17/2010--ANNUAL REPORT View image in PDF format 04/28/2009--ANNUAL REPORT View image in PDF format 04/21/2008—ANNUAL REPORT View image in PDF format 02/05/2007--ANNUAL REPORT View image in PDF format 05/01/2006—ANNUAL REPORT View image in PDF format 05/02/2005—ANNUAL REPORT View image in PDF format 02/24/2004—ANNUAL REPORT View image in PDF format 04/22/2003-- Florida Limited Liability View image in PDF format Coovriaht 0 and privacy Pnlicie@ State or Honda,Department of State http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/31/2015 DE LIST OF EXHIBITS EXHIBIT A Zoning Verification—Comparable Use Determination Request EXHIBIT B Ordinance 88-093, City Gate Commerce Park PUD EXHIBIT C City Gate Commerce Park Phase One Plat EXHIBIT D Zoning and Tract Information EXHIBIT E Affidavit of Authorization EXHIBIT F Proof of Ownership (Property Tax Bills) City Gate Commerce Park PUD Zoning Verification Letter— Comparable Use Determination Request www.davidsonengineenng.com Page 3 of 91 DE R6V QPgON EXHIBIT A Page 4 of 91 DE WRAP!!! ZONING VERIFICATION APPLICATION PUD COMPARABLE USE DETERMINATION The petitioner seeks to confirm that air conditioned, enclosed mini- and self-storage warehousing (Group 4225), is comparable in nature with the permitted principal uses within the City Gate Commerce Park PUD (Ordinance NO. 88-093) as written. Section 3.2 A (West of the Florida Power& Light Easement)of the City Gate Commerce Park PUD permits the following: 1. One gasoline service station or fuel dispensing facility 2. Hotels or motels including integral cocktail lounges 3. Retail sales and personal sales businesses which are travelers and/or the City Gate Commerce Park Market. Retail sales facilities shall not include shopping center type uses which would generate substantial trade from the residential neighborhoods in the vicinity. The identified properties in the application document are a part of the City Gate Commerce Center Phase I Plat. (Plat Book 41, Pages 6 & 7). Of the 14 parcels in Phase I, three (3) are currently developed. The PUD zoning includes a variety of land uses typical of highway commercial development. Some PUD's written in the last several decades frequently relied on certain uses not specifically listed in their allowable uses sections, to be permitted with the referenced "catch-all" language. It has been experienced with previously submitted comparable use determination (CUD) applications that the proposed use has been deemed consistent with the permitted land uses in PUD's less intense land uses than City Gate. The commercial uses in Phase I (West of the Florida Power& Light Easement) are comparable in nature with C-4 to C-S land uses. This CUD application seeks to establish that the proposed land use is comparable in nature to the approved uses contained within the defined Phase I plat and associated zoning designation of the City Gate Commerce Park PUD. The applicant requests that Collier County review the attached PUD (Ordinance 88-093, City Gate Commerce Park) as well as the attached Plat and respond to the following question with an affirmative determination: 1. Is air conditioned, enclosed mini- and self-storage warehousing (Group 4225), comparable in nature with the established, permitted uses in the City Gate Commerce Park PUD per Section 3.2 A? By way of background for question #1, air conditioned and mini and self-storage warehousing (Group 4225) is allowed for as a conditional use of C-4 zoning, The existing approved PUD, in context, nature and as written contains highway commercial like land uses that would be found in C-4 and C-5 zoning designations(Permitted and Conditional). City Ga:e Commerce Park PUD-Ord. l0-4 Zoning Verification-Comparable Use Determination Request 1 www.davidsonengineermg.com Page 5 of 91 DC DAVIDSON 2. Is non-air conditioned, outdoor accessible mini- and self-storage warehousing (Group 4225), comparable in nature with the established, permitted uses in the City Gate Commerce Park PUD per Section 3.3.A.28? In reference to the prior 2 questions, it is the petitioner's position that SIC 4225 is comparable in nature with the existing, approved commercial land uses in the City Gate Commerce Pork PUD. Furthermore, SIC 4225 is less intensive by way of traffic impacts, utility and resource consumption and is less intrusive overall when compared to permitted uses. The significantly lower trip generation rate and water/sewer impacts compare favorably to permitted uses such as automotive gasoline and service stations, hotels/motels and general retail uses. City Gate Commerce Park PUD Ord. 10-42: Zoning Verification—Comparable Use Determination Request 2 www.davidsonengineering.com Page 6 of 91 DE EXHIBIT B Page 7 of 91 IIIII _slat ,. , ' ORD1MANCE 8�l-_93 — AN P. ' ,!-i-.. . ... 1 AN ORDINANCE AMENDING ORDINANCE 82-2 < .. ( , w� • " ?"• THE COMPREHENSIVE ZONING REGULATIONS 11,. i. I,, - . r FOR THE UNINCORPORATED AREA OF COLLIER 5:ie,*r '!.•k.t COUNTY, FLORIDA BY AMENDING THE ZONING ,r c? • - . ATLAS MAP NUMBER 49-26-7 BY CHANGING THE '''.=t BONING CLASSIFICATION OF THE HEREIN <<. `r DESCRIBED REAL PROPERTY FROM A-2 � ' t AGRICULTURE TO "PUD" PLANNED UNIT v • DEVELOPMENT KNOWN AS "CITY GATE COMMERCE • •a PARK,' FOR MIXED USES NON-RESIDENTIAL, s ti 1 COMMERCIAL/INDUSTRIAL/ OFFICE/RELATED Ca N `5C SERVICES FOR PROPERTY LOCATED AT THE ;iA r, •1'r4: NORTHEAST QUADRANT OF I-75 AND C.R. 951, cc cm t1.� 287.187 + ACRES, IN SECTION 35, TOWNSHIP i -' WN up AND 49 SOUTH, RANGE 26 LAST; PROVIDING I. •'` ' NI EFFECTIVE DATE. kr ;;,• WHEREAS, William R. Vines of Vines and Associates, Inc., representing Citizens and Southern Trust Company (Florida) National Association, Naples, Florida as Trustee under Land `r • Trust #5360, petitioned the Board of County Commissioners to . ;,.- change the Zoning Classification of the herein described real . -- property; t• • NOM, THEREFORE BE IT ORDAINED by the Board of County t „ ' ii,t' . 'i' r': Commissioners of Collier County, Florida; : 40:::. pEC?2O11 ONE t The zoning classification of the hereinafter described �. real property is changed from A-2 g Agriculture to "PUD" 01 s:; Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein • and by reference made part hereof. The Official Zoning Atlas +- Map Number 19-26-7, as described in Ordinance 82-2, is hereby z. amended accordingly. .i � JECTION TWO: r4 :l This Ordinance shall become effective upon receipt of i &4• ' i , notice from the Secretary of State that this Ordinance has t . `` - been filed with the Secretary of State. RR • t !, DAM! ecember 13, 1988 BOARD OF coven COMMISSIONERS lip.'', i;;• COLLI COUNTY, RIDA ATTEST t • •r .•. BY: �. 'ANIS C. GILES4 CLERK R L. S U1*Duus, CKAIRIIAZ4 • H t ~ : AA edition:, flied vett tM . + t�W et 's O IIr,A.�P iZ`' el -L7lT AC_ R APPROVED �.'t0 FORM AND LEGAL SUFFICIENCY Ind .. e flet kt:,:•r 771e�.e. = Tri. nnn et 4' :: . £1., dor •i' ASSISTANT COUNTY ATTORNEIOMt ng 82 ...• ..- Page 8 of 91 I / • • 'ter+ Y ,, ♦ 9. 124-1* I •. . S. t , • ti • i I 11 * ,. . y }F• )f+ r 1' • ��'• • t 4 .., CITYCATE COMMERCE PARK it ir. : • , PLANNED UNIT DEVELOPMENT DOCUMENT yi f i• t r., I, Vines $ Assedates. Inc. •(.';',,.1. 71$ Tenth Street South :,j 'y ' Naples. Florida 3310 • ' '` Phone: 1313) 2U-41$ •- ' .y 4' { ., Date Red: 4..t;� Date Approved by CC: Date Approved by BCC:12t1t1133 r . Onlinarns Number: E8-9Z r',, , ' ,....„ . ... . .. . . , r. „.., . . ., . .. ;• • 7•' • � ng . 1. Page 9 of 91 1 it _P 4 : • ,` . I y � J:! • 1 I • H ni • i' 'V.% • IBEX I‘..4...:,,...ti.4:1::...L,...j...i.: t l; is.S4'." 1 SECTION Etti.i ,tr. .. • I. PROPERTY OWNERSHIP AND DESCRIPTION 1 • II t ....:s. II. PROJECT DEVELOPMENT 7 - 14 1. • III. PROJECT DEVELOPMENT REGULATIONS 15 • 23 IV. ENVIRONMENTAL REQUIREMENTS 24 - 27 +�, V. TRAFFIC AND ENGINEERING REQUIREMENTS 2$ • 23 0.*.. VI. UTILITIES REQUIREMENTS ' 30 - 40 VII. RED COCKADED WOODPECKER MANAGEMENT PLAN E1 - 4 ki x w /14 ATTACHMENTS: . t', 1 ',''.• MASTER PLAN of TABLE 12.6.3. , rl10 ,. r, 2.sir rp� IIIc O�&&t 84 . , • _ , i t' . Page 10 of 91 J r-- • •. 4 1, • , 41•• e ' • 1.• SECTION 1 • frA PROPERTY OWNERSHIP AND DESCRIPTION • ••tr- 4 s 1.1. PURPOSE t.' #.• 1 '4 V4 • The purpose of this Section Is to sat forth the location and t.. ownership of the property, and to describe the existing r conditions of the property to be developed under the project name e: • of: CITYCATE COMMERCE PARK. 5 . • • • 1.2. LEGAL DESCRIPTION. • . .fft The subject property is 287.187 acres In area. The legal description follows this page. • LcH "'A 1 1.3. PROPERTY OWNERSHIP • .? I. • t;• Title to the property is currently in Land Trust DSO. held by ' . • Citisans I Southern Trust Company (Florida) National Association, Naples. Florida. P.O. Box 1157, Naples, Florida 33131-1837. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are :mode by a single trustee in accord with management guidelines approved by a majority of the trust benefideries. • • A. v ** 033fIlt 85 • .1....t. "S' s Y , 44 1r ':a 1' ' HMA File N0. glen '4 NOLE. MORTIS AND ASSOC.. INC.! r, 9130111 CONSULTING ENGINEERS-LAND SURVIVORS Sheet 1 of 2 J� • LEGAL DESCRIPTION w: . . The North half of Section 35, Township 09 South. Range 26 East, • Collier County. Florida LESS the West 100.00 feet thereof for .. �; right-of-way purposes and LESS the following described parcels; � ` A parcel of land being a portion of the Northwest quarter of }`• Section 35, Township 09 South, Range 26 East. Collier County. Florida. Being more particularly described as follows; Commencing at the quarter Section corner, common to Sections 30 and 35. Township 09 South. Range 26 East, Collier County, t Florida. Said quarter corner being marked with a 0' x 0' concrete monument having a 3-Inch brass cap attached to the top #' thereof, with a 3/0-inch Iron pipe; thence along the Section Itne a between said Sections 30'and 35. North 00'29'IS' West. 1.302.03 ✓ . feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Department of Transportation • Right-of-Way Map for State Road No. 93 (1-75) Sheet 1 of 10; thence along said centerline of the proposed Access Road No. 1 • North 19031'016 East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the X centerline of the proposed access road to the water treatment I'. plant parcel; thence along said East canal right-of-way line iT North 00.29'156 West, 50.00 feet to a 0' x e' concrete monument ( marking the Northwest corner of the proposed access road 3 right-of-way to the water treatment plant parcel; and being the ' true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way i North 196311416 East, 056.51 feet to a 0' x 0' concrete monument marking the Intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 00607'106 East, 990.96 feet to an Iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida. Power s Light Company (FPtL) right-of-way as described In Official Records Book 181. Page 1211. Collier 1 County Records; thence along said Westerly FPsL right-of-way North 31'30'26' East, 70.02 feet to an Iron rod; thence t continuing along said Westerly FP6L right-of-way South 58'30'03' East, 761.56 feet to a 0' x 0' concrete monument; thence . continuing along said Westerly FP4L right-of-way South 00'07'14' • West, 1.066.70 feet to a 0' x 0' concrete monument; thence icontinuing along said Westerly FP61. right-of-way South 00'07'106 ✓ West, 332.74 feet to an Iron rod marking the intersection of said i Westerly FP$L right-of-way with the South line of the North half 4+ of the South half of the Northwest quarter of Section 35. jt Township 49 South, Range 26 East, Collier County. Florida; said A point also being the Southeast corner of the parcel being herein I described; thence along said South line of the North half of the South half of the Northwest quarter of Section 3S, South 19.00'00' West. 690.12 feet to a 4' x 46 concrete monument; said 2 if •; t. . ' wa 111* ►t't •'• r.. Y ., aam ....a., 12 of 91 i ♦ n; • : 111 HIM File No. 81.23 . '3= . ' SSheetl2 of 2 "/86 � t ` .0 ` . i. t 1e point being the Southwest corner of the parcel being herein described; thence along the 'Nest boundary line of said parcel S' North 00.47'146 East, 653.10 feet to a 40 x 4• concrete monument marking the intersection of the West boundary of the water k' treatment plant parcel with the South right-of-way of the 1 proposed access road to the water treatment plant parcel; thence • along said South right-of-way South 09.31'01' West. 454.21 feet ' to a 4' x 4" concrete monument marking the Intersection of ssld access road South right-of-way with the East right-of-way of a • 1. canal: thence along said canal East right•of-way North 00.29'156 • . . iWilt 100.00 feet to the POINT OF BEGINNING. AND ..: A portion of the North half of Section 35, Township 49 South, Range 26 East: being described ss• foliows: . Begin on the South line of the North half of said Section 35, at a point North 0!600'01• East 100.00 feet from the Southwest : .l:'.- corner of the North half of said Section 35, thence run North 00.22'15• West, 1,334.19 feet, thence South 04021'00" East, k; 290.02 feet, thence South 02.40'256 East, 750.60 feet to the beginning of a curve concave to the Northeasterly having • radius 1 of 331.00 feet, thence run Southerly along said curve 240.50 feet, through a central angle of 41001,296 to the end of said curve, thence South 43.47'54' East, 94.16 feet to the South tint of the North half of said Section 35, thence South 09.00'010 t. West. 206.27 feet to the POINT OF BEGINNING. APO . ' . A portion of the North half of Section 35, Township 49 South, • Range 26 East: being described as follows: Begin on the South tine of the North half of said Section 35, at a point North 19.00'010 East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North 43.47'54• West. 94.06 feet to the beginning of a curve concave to.' the Northeasterly having a radius of 330.00 fest, thence run Northwesterly along said curve 240.51 feet through • central Y angle of 41.01'29' to the end of said curve. thence North 1 62046'256 West, 750.60 feet, thence North 04.21'01" West. 296.92 °: feet. thence North 00.25'1S' West. $1.00 feet. thence North t 09.31'01' East, 64.42 feet, thence South 04.21'00• East, 371.34 i. feet, thence South 02.46'25' East. 751.54 feet. to the binning of a curve concave to the Northeasterly having a radius of206.00 feet, thence run Southeasterly along said curve 120.46 feet, M through a central angle of •t•01'296 to the end of said curve, thence South 43.47'54" East, 159.61 feet to the South line of the North half of said Section 35, thence South 09.00'010 West. 65.40 feet to the POINT OF BEGINNING. . Containing 217.117 acres, more or less. t 3 . HOLE. MONTES 6 ASSOCIATES. INC. y • ow "87 ,f • ,, Page 13of91 1 1 - , ..,. . .. . . . ..'1, 't, ......A.. . I!,-,••• :- t I ; -;— •._.. . •so-1.4. GENERAL DESCRIPTION OF PROPERTY AREA • .s...*V. • • •!• A. The 2117.117 acre tract lies In the northeast quadrant of the . , -...•,'; -•,• . • .•;' •. 1-75/ CR NI Interchange. The property is bounded on the ,•-,:. .., ., .. west by CR 351 and on the north by the Golden Gate Canal. : 2 .e.• , ••• B. The property is zoned A-2 Agricultural, proposed to be rezoned to PUD- Planned Unit Development. The property lies ,.... In the Collier County Water Sewer District. *. 1.1. PHYSICAL DESCRIPTION • ' .. . . The property elevation ranges from about 10.3 feet to 12.2 feet above mean see level. averaging about 11 feet. Wetlands en the .r... property are limited to about 28.5 acres. most of which has been . , . previously subjected to extended periods of ever drainage .. . , 'ek , and exotic vegetation invasion. Most of the property is vegetated .ti with pine and associated upland plants. il*.• i ‘ .•..- . - Soil types on the pziperty Include Arsall. Kai, and Pompano Fine ' •1. ; Sand. ' 4.!;9• .- . . Water menegement for the CItygeta C.ammerce Park project is to be the take and naturel surface detention type. Surface wider . -.•‘' . •.: r ....., discharge will be to the north Into the Golden Gate Canal through 7 a single control structure. • L • ‘.. 1 ''.... • •,,,;',' , :4' •-•• . • .,„..i.r.,,. 1111 033,1.4'88 -.:1... . . Page 14 of 91 • • ra -NIP • tt 1.5. STATEMENT OF COMPLiANCI Development of CItygete Commerce Park as a Planned Unit 4.._ Development will comply with the planning goals and objectives of . _ Collier County as set forth In the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the Citygate project Is Policy "D" of Objective 3: • • .,,+: OBJECTIVE • An appropriate mix of land uses to provide for the present • ti'' ' and future needs of Collier County. D. Guide economic development to encourage a diversification of I � i f 1 the county's economic base and to meet the employment needs 'f,Eof present and future residents. . Compliance with the Comprehensive Plan rests en the following factors: I,' �•Kf N 1. The Citygate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. ` • 2. The planned land use mix conforms to the Future Land Use Map • • • t S d4 .<'. t • : mit im.�wYd .`! <• . • Page 15 of 91 .......mr. 1 . ; .> 7 • 1 .. . 71.. is 1 ' ' fit•.. • .1 .., r ‘,J...'... • i. s •••• 1 '• '. • . —"hts••• $. Mi project improvements will comply with applicable 1..,.. i. .....,,i . . )... regulations. . rs,..,. 4. The project will constitute a major work canter with an excellent working environment. k . 7„... iti• i' ...' 5. The project will be served by a complete range 0 -I, • -. •• '• services and facilities.• t1 •%:. 1 t ',.. t. .........ir:..... c st .. •......,, . r .,,, ....., • , ,0 • ' • ,:. t '. ••• .• t ,,,i, f • ., .' I- '..... •' . ' ,),:-.t:;.4, . .• ,..- . . I " .. • I ' -.' • . I t! I... ' . • ' , _•..i.• .. • .0 1'4' . . 4.4. • , . .ti- ' 1 . ... , ..i. I . . ' l'•)., --: Mk 031011—go • .. .. , . . ,., ..;., Page 16 of 91 _ _ ' V • _ SECTION ti . PROJECT DEVELOPMENT • 3616 EMILS .2.,1 The purpose of this Section is to describe the basic development - + objectives and to generally describe the project development `. pian. • , 2.2. 9ENERAta • A. Citygate Camera; Park is planned as a mixed use. nen- '�` residential. camaardallindustrlel/office/related services • project. The uses on same, If not all, of the sites nearest CR !St west of the F.P. t L. easement will provide a variety of commercial services to highway travelers, with a special emphasis on the provision of service to interstate • travelers. The remainder of the sites. both salt and west of the F.P. $ L. easement, will be utilized by commercial and industrial firms associated with tachnolhgical research. r'.••• product development, light manufacturing. storage and distribution. offices and a wide variety of utilitarian and commercial support businesses. it is anticipated that some l , of the Citygate land uses will be linked with educational r. . h 1' . ,4 i' ' f ION 033 rni wet , =. 1. / ;`%`•. Page 17 of 91 UMW • v institutions. Citygate Commerce Park will provide sits which accommodate a variety of entrepreneurial activities in a physical setting which Is spacious. attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of Citygate is that the structures, the amenities. and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. • B. Development of this project shall be governed by the contents of this document and appliabie sections of the Collier County Zoning Ordinance. ?-.• • C. Unless otherwise noted, the definitions of ail terms shall be the same as the definitions set forth In the Collier County Zoning Ordinance. • t 4zt+. • • • • �i • , , . , • • i !!: f, 1W 033►F?1.92"^ Page 18 of 91 I ---- 111•11111111 ,`".. 1 - i • • ! . ! '''' :4 • •. 4... t ..,,1,:`-' • f ; '', ''' it • I ' , , . . ' 1 4., , • P. '1.. • 1 . , 1 4,,,, wt• i‘ l' %. . 2.2. PROJECT PLAN, •,, i • , .; r ., A. The Master Development Plan for the project is indicated on •i '•,* Map 1/11 of the Application for Development Approval and Is ,t'• 1=- an integral part of this PUD document. A reduced version of the Mester Development Plan is attached at the rear of this i : document. Elements of the Master Development Plan include: 1:••• ' ir• ,-. JANUAR dirza Streets 21 Lake . U , C441- ' • Common Lands 10 • -:"=•-':t 1 iat F.P. 1 L. Easement 12 Building sites (includes wetland preserves which must be kept as . , en-sits natural eras) nt. Total 217 ' 4 v;-• . t „.• "•,./...- 1 :-.•.. Project development shall conform to the approved Mester • , 4 Development Plan In general mid to the approved Subdivision ., ... • i.- t. Construction Plans. 'tt:' • S. In addition to the plan elements shown on the Muter . •• • Development Plan, such easements and rights-of'-way shall be established as may be necessary or desirable for 5, the service, function or convenience of the prefect. 4„, • 1. *i- . . ...„, 1.1 4- • i',„ • = ,,,, ..•• i •... mu 033m13 _ . .., .Page 19 of 91 -: s. ...•V SINS ell MI 1.:.!•, . !t'‘,•'' 1. , i ' ... ::!_4•,' I . k • l',....Iii • . ! i .; • ,,i;,, ;..- ! '' ( r..,, ,,,,v. .. - . • t." •.."'-' • 4,' --- -_ 8.• C. The Mos ter Development Plan is else the Subdivision t: ' _i ' Master Plan. . ''..' - • • . -.'..,••-0iit• 4,._ ; -4 . •.• r ,:: .:t.)..i i :A. )IAXIMUM DEVELOPMENT INTENSITY • • .„ , .• • A 4141' 4 • k.:-.P.• Development Intensity permitted within Citygete Commerce Park obeli be limited to the amount of building development, number at tI7 ' employees, end number of perking spaces sat forth in Table iti 12.9.3., reproduced from the Citygete Commerce Park A.D.A..and attacked et the rear of this document. The amount of building t, :.‘", development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in the s A.D.A., but the aggregate amount of building development ' c - Indicated by A.D.A. Table 11.9.3. may not be exceeded. I . .. • , 1-1',1•‘;-k- • 4 2.S. PLAN APPROVAL REQUIREMENTS .. , ' • ;:.;, %.•'. : • .i. . ,. ...,.-.'. 1.- The Abater Development Plan indicates the basic nature of development permitted for the project as a whole, consisting r ''.. .. of a reed network, a centrally located lake. a system of . . , pedestrian ways, a lake front amenity site and corridors of development sites slang which individual development parcels .., will be established. Installation of required streets. .• - ' ..• 10 ..I... . . ' ., , NOR 033PAr4t°SI +- -- ,,. Page 20 of 91 r • • ti. utilities. etc. may occur either in the entirety, or in a40 t :<. series of increments. The purpose of the plan approval • requirements Is to provide a mechanism for the county staff • • ' to review detailed development plans and to determine if those plans comply fully with commitments established by the PUD document. DRI Development Order. County Zoning • .• Regulations and all other applicable standards and regulations. County staff approval of detailed development it plans must be obtained prior to the construction of project infrastructure. • '1 :. 8. SITE DEVELOPMENT PLAN APPROVAL REQUIRED • I . Prior to issuance of building permits for a structure or structures on any development site, Sits Development Plan approval must be obtained In accord with Section 10.5 of the County Zoning Ordinance. The Site Development Plan must be in substantial compliance with the project Master • Development Plan. as that plan may be modified by Collier County from time to time. In addition to the listed • concerns of Section 10.5, the Sits Development Plan review and approval process shall Include consideration of • architectural design quality and building materials u. suitability as those matters relate to the development • quality commitments set forth in Section 2.2.A. of this f r'' document. • . 47, A 11 • • t ' NIR ►�Y05 Page 21 of 91 Imo 1111111P •<4 Ir• • *t.,! •.1 •••.; •,%1 A "' • t 4 4„ • • C. 5ECORD PLAT_APPROVA.L REQUIREMENT% !! Prior to recording the record plat, final plans of the required improvements shall be approved by the Planning!Zoning Director and appropriate other Collier ••:' • County Departments and Officials to Insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regutstions. and platting laws of the State of Florida. [h....4' 2.S. FACEPTIONI TO COW-LTV SUBDIVISION REGULATIONS The following requirements shall be waived Or modified: A. Article X. Section Ilk Sidewalks shall be required as shown on the approved Master Devdopinent Plan. on st least one •`::, • side of the existing access rood when It is reconstructed as required by 5.2.8.. and en at least ono side of aft internal project streets. • • • • B. Article X, Section 15: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control : Devices. Street pavement painting, striping, and reflective ; . edging requirements shall be waived. • ,* • • I a . . A • )12- 033PWA-06 •P Page 22 of 91 •P 11...11 1111 R, • �. , 1: . �,• 11,11' , 1 • C. Article X1, Section 10: The requirement to install monuments In a typical water valve cover shall be waived If all monuments are Installed In accord with state standards and In a manner approved by the County Engineer. D. Article XI. Section 21: The requirement for blank utility casings shall be waived if all required utilities are Installed prior to construction of the street base and pavement. � �r••,'. 1111 f�• a•. '%" 2.7. jfTREETS TO BE PRIVATta Y. .•. i { All platted streets within the project shall be the common property of the project landowners. . 11, 11 2.8. SACT FEES The Citygate Commerce Park project shall be subject to all impact fees applicable to It at the time of project approval. In the event future impact fees are adopted to assist with various public service facility financing. such fees shall be applicable • to the Citygate Commerce Park project in accord with the terms of the ordinances which impose the fees. 13 , •• • 'S. 1 � y. Illi 033►t'4"97 { 1r ; • Page 23 of 91 M rl , I. • !' < ._ :•b TIRE STATION SiTfi • Cit Commerce Park representatives shall canter with '� •' ygata pres �t+: appropriate Golden Gate Fire Control 'and Rescue District representatives regarding the need for an additional fire station site In the vicinity of the I-7SICR 9S1 interchange. In the event that the Golden Gate Fire Control and Rescue District . ., determines that a fire station site is appropriate en the Citygate property, the Citygate Commerce Park developer or successerls) in title shall make the selected fire station site available. and shall contribute to its cost en a fair share "ryt basis. ' •2•lSaJ.U.O. DOCUMENT C9MPLUANCI .`:.� Responsibility for compliance with the terms of this PUD document, the DRI Development Order and all other applicable V.! • public regulatory requirements shall 'Initially be that of the • project developer or his successorts) in title. Prior to the developer or his successor(s) In title being relieved of this J ' responsibility, a project management entity shall be established i, and given responsibility for continuing maintenance of the • project Infrastructure. lake, water management facilities, coalmen open space, streets. etc. • • `: r' • • s, 4.4 •t 1• • 1f•. IIIc 033 W4 i 8 • Page 24 of 91 •5. . : . ,„:41,.. .-. it -1.......... - SECTION III 1' •••.. ; PROJECT DEVELOPMENT REGULATIONS ,y.. 4 ,,• 1 "..4 ,1.ie PURPOSI ' The purpose of this Section is to sat forth the development ► regulations applicable to the Citygate Commerce Park project. .r¢ ` .,fi `, •d,,.. . $.2. ySES PERMITTED , E �.141-':. !.` No uilding or structure. or part thereof. shall be erected. `• _Y , 7•f . altered or used, or land used. In whole or part. for other than ..-„v• the following: I 't i.'` A. Principal Uses: '`'.1.'''' WEST OF THE FLORIDA POWER It LIGHT EASEMENT: 1 : '1 ` 1. One gasoline service station or fuel dispensing i ' • facility i.t. • 2. Hotels or motels Including integral cocktail lounges f •* 4. - 3. Retail sales and personal sales businesses which ars T C"7 ;4� ' 1' t 11 4 VI: Illi 033 11411°99 1 +: . , } ' Page 25 of 91 • S. • ' ' travelers and/or the Citygate Commerce Park market. Reteii sales facilities shall not include shopping I center type uses which would generate substantial trade ... ' from the residential neighborhoods in the vicinity. t; .:,. EAST OF THE FLORIDA POWER I LICHT EASEMENT: .,b [ . • .•• r1. Light manufacturing and/or processing e : , • 2. Research. testing. product development .... • S. Service and repair businesses 1./" 4' • C. Showrooms end sales centers in association with permitted uses • • S. Storage and distribution uses r. ,t E S. Publishing. reproduction. communications i a n 7. Retail sales and personal service businesses which are 1 'l designed and operated to primarily serve the Citygete r� r Commerce Park market I 3- : ,.s ;yip : It 4... „ ,. .:. .., ryes M f ISK W3 fi.l�W yr 'r. �' Mt:• Page 26of91 IIIIIIMP •,,!i.• ,. .•v:f . i ,,,,. ;TY••11 ••• .4.•••.;-.;11. •-. i s .• ;riff .• .11 I .4 ‘up", ..! BOTH EAST AND WEST OF THE FLORIDA POWER S LICHT EASEMENT: , 4.4L+,' : • .!•Il 'Al _ •$..11,., 1. Restaurants. Including fast food restaurants ••,'.1.V. 2. Utilitarian, recreational. educational, and medical uses and services • •:?1; tifti• • t 4"4;f l 3. Business and professional offices: financial - . institutions • . .,... - • $i• 4. Any other use which is determined by the Planning/ Zoning Director to be comparable andier compatible with i•1,,, .. - rthe the listed permitted uses. i:•:.• • • ., I'.. .. , . 2 .1.1‘:: i 1,4..• B. Aecaaaary Uses: • — :• -,i..or.;•• • ,4. ' .•r. 4: . 1. Accessory uses and structures which are cust.emerily • './- .:•-:. , i. •••••%. associated with the permitted uses f., % ,....) -74. '•- . 1g. 2. Project sales and administrative offices and facilities f; ".'?,:,.;•..-' i "•'',''!' ' ., 3. Signs as permitted by the Collier County Zoning . •7:', Ordinance In effect at the time of application for the sign permit f •4.,-, 1 ...i.?‘ .1:.•.• . •,... i; c4.4".... •1 ..: . . •• .,..01•'.7- 17 • . -,.. ,,.. - -:::-..4.,41,.• NMI 033 WA 101 .• . . , ,.. ' 7', ...... ' t: ...'••• : • I -."'711 .. . ' ' • Page 27 of 91 • ...... . . • . , — - mon . 4:_....,,,. ...:t? • :fit .. i. • • f � y, •.4 ..% •. Caretaker's residence subject to Section $.40 of the i Zoning Ordinance .4,:, 5. A perimeter security fence and/or well. not to exceed 5 ' .• feet in height •J . 4 I. Temporary sewage treatment facilities In the area so indicated on the project Master Development Plan. Such • ll , , temporary facilities may serve the project until public I or other county approved off aits sewerage service is 0 available. The temporary sewage treatment plant and cit associated facilities shall be set back a minimum of SO t' • feet from the boundaries of the tract which It occupies. i 1 7. Material which is excavated during construction of the t lake which exceeds in amount the material required for •' development of the project sm�r be removed from the i. •.� project. Approval from the County Engineer and the Planning/Zoning Director shall be required to assure no negative impacts on surrounding lands or on impacted roads. Mitigation measures may be required If deemed t i? appropriate and necessary by the County Engineer and/or t `• Planning/Zoning Director. .•t`: ,;K{'•:. • .i ,,� :t !,r'''.; 102 • ttr • t>Mcrui . M • �yT. . •9 Page 28 of 91 .. , • NMI 1111 • • 3.1. DEVELOPMENT STANDARD% i • • A. hilnImum Parcel Site: West e< F.P. $ L. easement: taw • • : . East of F.P. S L. easement: n 2 sores g B. Minimum Parcel Width: • West of F.P. $ L. easement: 150 feet East of F.P. S L. easement: 200 feet 141,.• C. Minimum Yards: A, Or. West of F.P. S L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned. In which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F.P. I L. easement: Front yard- 50 feet Rear yard- SO feet ' Side yard- 25 feet. unless adjoining parcels are jointly <<.•; planned. in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. A. • • 1118 n%103 .rt. 15 • � •4 { Page 29 of 91 r� E ,z . :t, in those Instances where multiple buildings are to occur on 4,'. `' " a single site, yard requirements shall pertain only to the site boundaries, not to 'operation between buildings. On • site multiple building separation adequacy shall be J : determined during the SDP approval process. P•.. • • No mere than 20% of required yards may be devoted to { - ,' vehicular drives end parking spas. 0. Minimum On Site Natural and/or Installed Landscape Areal West of F.P. t L. easement: 20% of gross site area East of F.P. t L. easement: 30% of gross site are The term °Landscape Arse" is construed to Include fountains, pools, ponds and other water features. walks, terraces. courtyards and other pedestrian spaces #• when such non-botanical features do not exceed 15% of the • r • required are. =i'..• E. Maximum Building Height: Hotels. motels and office buildings: S stories. except that such use which are closer than 350 feet to the Golden Gate Canal may not exceed 3 stories. '' All other use: $ stria Ati INK 033 rv4 104 • f• is ' `-` Page 30 of 91 'e . ' , .; .,,,11`... . • ;: 1 , ' ` 7 . Taller buildings may be authorised upon appllation, following advertised public hearings with due public notice ,, by the Collier County Planning Commission and the Board of f aa County Commissioners. a recommendation by the Collier County PlanningCommission, and approval by the Board of County i, .:': Commissioners. Prier to authorising a taller building. is.:' determination shall be made by the County that the nature of • • the use to which the building is to be devoted warrants the additional height, that the taller building will not depreciate the Intended character and quality of the overall f Citygate project, and that it will not have negative lmpecta upon surrounding properties or be detrimental to the public i' "1. 13• welfare. V . •,' r.'F • P. Minimae Principal Building Floor Arm: 1.000 square feet iGasoline service stations an exempt from "., this standard.) 'fir } C. Merchandise Storage and Display: Then shall be no outside ' ' storage or display of merchandise. 1 fA ,� Utilities: Electrical. telephone end television service 1 fi' lines shell be placed underground. Pad mounted transformers . 't`- and other components of underground Pon service systems which ,' ' are normally located above ground shall be placed and k i screened se as net to be visible from a street right-of-way . '; or an adjoining property. . 1 <tk1 Ae ' UK 033 Pa'.(105 • r _1 ',fir' Page 31 of 91 1 - 111111111P .. .4`. .. • Sic I 'C ►, I. Parking/Loading: Offstreet • parking and leading spaces shall be provided In accord with the standards of the Collier • County Zoning Ordinance in effect et the time of building . .`,t;'' permit application. Parking and loading facilities shell be ,'. .. so arranged that backing into, or out of. a street right•of• " r way is unnecessary. i_ ::,.'4;.,..•••• .).— J. Perform:nee Standards: Noise. odor, vibration. glare las . .,. • . differentiated from general illumination), smoke and dust • readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail comsnercial eras. In the event some or all of these performance characteristics are regulated by applicable federal, state, and/er local law, such ?:• regulations shall control. - w. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans • for desling with the waste product hive been approved by all «' • agencies with jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, . `• . and/or local laws as limy be adopted or amended from time to 't' time. ' The future performance characteristics if • given land use ., +?:., utlt 03311,4106 22 . . _ .- , ' kti„•tea. Page 32 of 91 .4::« ,t I • nom 11111111 1, .f. C �$7. , a. • .. . ( i.„ i' .1,-..,...,.: ore often not predictable with accuracy at the time of � • building permit Issuance. The above listed performance ! ,- standards not only apply st the time land uses are • initiated. but are continuing performance obligations. r1', ".. unless overridden by appltable federal, state. and/or local law. :' : :;.•• K. Golden Cate Canal Buffer requirements: Development of sites a, which abut the Golden Cate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on sits development pians as required by Section 2.S.B. In evaluating the buffer component of site L development plans. the Planning/Zoning Director shall t determine adequacy of the planned buffer, taking into ft account the nature of the planned sits utilisation, the ' `•••• character of the planned structures). and the presence of rr,:. natural vegetation which will be left In place and which • will contribute to the buffering function. At a minimum, ' Ythe buffer adjacent tine Golden Geta Canal shall comply with the standards of Section 1.37 of the toning Ordinance. The tree and shrub species, sizes. and spacing shall be approved during the Site Development Plan approval process. and If . + deemed to be necessary by the Planning/Zoning Director, , shall be more extensive than required by Section 1.37. I. to r sal 03331'4 107 • r:1 i /4 its ' Page 33 of 91 a 11111 Ell 11111 ti •.i r,}. y,., . G • •f 1 .. 1. Wetland Preserve Setbacks: When all er a •1..,';; portion e< a • wetland preserve is located on a building site. ne building t may be located dew than 20 feet and ne pavement may be +E,;= loser than 10 feet to the preserve boundary. Precise' •,i determination of the preserve boundary shall occur during the Site Development Plan review and approval process. Preserve areas shown on the Master Plan shall also be shown j on the Subdivision Plat. along with a notation referencing :• .-.;,... .. the Cltygete Commerce Park PUD. '.. f y }tk• rry }, . ''r:t .7+f, ' IIk �, 1 34 1,„;- fi.f +1 _� �4 5,: ` Page 34 of 91 4 WIMP, € . , s >• i •�.1.. •• ,• vat i ' SECTION IV • ENVIRONMENTAL REQUIREMENTS ' " ►.1. jlURPOSI The purpose of this Section Is to set forth the stipulations by i the Environmental Advisory Council. The development of the project shall be subject to these stipulations: k 4.2. DEVELOPER REQUiRENENTI A.. The developer shall be subject to Ordinance 7521 Ior the tree/ vegetation removal ordinance in existence at the time of permitting). requiring the acquisition of a tree removal permit prior to any tend clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This pian may be submitted in phases to coincide with the development schedule. The site clearing •t plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible end how reeds, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. • ,U *• 'MVV .4 . Ks ,III t • Page 35 of 91 a,ar; • - r1je'• •• r 1+, r: • • • B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other - species, If any. The goal of site landscaping L step ng shall be the '• . reestablishment of native vegetation and habitat `' characteristics lost on the site during amstruetbn or due to past activities. t �4 • C. All exotic plants, as defined in the County Code. shall be t; removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be Implemented to prevent reinvasion of the site by such exotic species. The maintenance plan,whi h describes control techniques and Inspection intervals shall be submitted to and approved by the Naturai Resources Management Department and the Community Development Division. • Y`. D. if, during the course of site clearing, excavation, er other constructional activities, an archaeological or historical • # site, artifact, or other indicator is discovered, all • development at that location shall be immediately stopped and the Natural Resources Management Department notified. tL. • :'•. : 1011 03311'4110 _,^ Page 36 of 91 = 1 t. . • • '1.17; • S �k Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department } • or a designated consultant to assess the find and determine • the proper course of action in regard to Its salvageability. The Natural Resources Management Department will respond to any such notifiation In a timely and efficient manner se as to provide only a minimal interruption to constitution activities. • E .,. E. Prior to development in surrounding areas, wetland preserve areas will be flagged by the petitioner. Wetland boundaries . i will be subject to the review and approval of NRMD. • • i •`. ••• F. To increase lake productivity and habitat values, lake side slopes will be CI out to a depth of 3. from mean low water levels. Petitioner shall investigate vegetating littoral • shelf areas with various native plant spades (upon request.• NRMD can provide pertinent informetlen concerning plant speciesi. • r C. Petitioner shall design and Impiement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not • • limited to. preventing growth of hydrilla (}Ivdriila verticlilatal. water hyacinth (Eichhornla er.aloeal, and us( 133 Frit 21 i rpt Yj { y. •• • f } • A it iv • *1 Ito a lesser degree) cattails iTYDhe latlfojl this program will be subject to the review and approval of NRMD. x; Lrt t H. A survey for the presence and distribution of the protected Red Codaded Woodpecker 1Picoldes boreal' must be conducted by qualified personnel subject to approval by r• 'i NRMD. Results of the survey must be made availabkt to NRMD. • Management plans shall be submitted for review and approval �• ' to the U.S. Fish and Wildlife Service end the Florida Came and Fresh Water Fish Commission and NRMD. 1f necessary, the project design and PUD Mester Development Plan shall be ~+ adjusted to Insure the survival of the protected species. 7 ;. . • I. Where applicable. due to development, components of plant k '' communities will be transplanted within preserve areas and/ . ,' or as landscape elements within the project. Examples of • • plant species appropriate for transplant would include ssbel palms i jabai palmetto), and butterfly orchids Uneven' tamoenslsl. J. Due to the concern of the use/generation of hazardous substances, ail businesses proposed for the pared must be subject to the review and approval of NRMD. • • S T. K'. 1111 033nq J • • Fj• , • 21 • • •.fir. 1a.. "5;.. • • •"�,,.. Page 38 of 91 • .,�; .1.1.•••.mmv IMMINII, V - •• ..., . . ,, ... , = .."4 , . ' . ..,.. ."'• •..4- 1 4.- .,. • . ) • i .- .77,. il. •, k '14 -.',-. .).• • .'7 .. I. ; ; ;•••:;.:'- . ? ' i'• ..1• . SECTION V ..:' k. '...,...,, •...,"...• - ' - 1 ,,,, !-' TRAFFIC ANO ENGINEERING REQUIREMENTS p "--..,-„.4. .: t . ' P- .. r• 1 ... ,• , ; ..,,...,• i . T . ..tA;,:. .. .P . * .• 'e ply Lie PURPOSt - .t - .; r..f. • ••.1.•.#,,.! ir .,;,t.'•••:i. A f" .' .• ' :•31'• The purpose of this Section is to sat forth the traffic • , ''• '::i'• improvement requirements which the project developer must _!......! undertake as an integral pert of the project development. ..,..... Lt. DEVELOPER REQUIREMENTS i .' s`k• . , - •-- - A. Access to this site from CR 1151 may present design problems ,;. ,:.•.... due to the limited distance between Golden Gate Canal and •. -.-: the limited access right-of-way for 1-75. Access drives onto CR 151 shall be limited to the existing one which aligns .., .. n.' with the water treatment plant access drive and one . • s - , •:. • additional which may be located north of the existing access I, ' 4•J7: drive. ti .., •,t- ; . 1.; - ' B. The existing access reed which extends southerly from CR 1151 k.-.7:'• and then easterly parallel to 1-75 shall be reconstructed to ' . a minimum four lane divided roadway from the CR 151 ; . l'' • Intersection to the southwest corner of the Gitygete i:5-• property at such time as traffic volumes en the reed link warrants the four !ening. in the event that a significant fr . . .. 4. UK 033 Paq 113 21 i.,. . y 4 ii-•icr'.1,.: ?. i. .-. ... A , ••.::' ...,: : .,..., ..4.:: '.•:.;.•i q •! . • Page 39 of 91 • f +t ps i,, ° "; I, { t : v. t fraction of the traffic on the read Zink is not generated by : the Citygate project, the Citygats project shall pay s portion of the four tuning cost which is equal to Its 1 t traffic impact. • •"` ` C. The driveway to the water treatment plant shall be widened its , to a minimamc of 2% feet if it is utilized as an access to the adjacent tracts. ' . D. The close spacing of the CR 1151/landfill access road `'r intersection and the landfill access road/water plant entry -V.' . drive Intersection win cause traffic control problems as traffic volumes through the two Intersections Increase. In `` order to avoid unnecessary aggravation of those problems by L.' traffic movements into and out of the commercial sites which are closest to the intersections, special attention shall be a- given to the location of entry/exit drives when site ' development plan applications for sites abutting the water plant access drive and the landfill access road are being .`. reviewed. It shall be understood that the number of access , -"�' points will be limited In number.t L,;, `, fi 9►j•;, E. Appropriate left and right turn lanes shall be provided en CR 1151 and the landfill access read at all project accesses. Street lighting shall be provided at k �` major access points per l'. County requirements. P • ' ; um033x .1114 A. s-.' • =0 J r�;'« : t'a;: Page 40 of 91 4,.. .. , . . . . - 1•,.% - I -..•-: ''• . .. . i —. • - . • '.1 , . 4:. -i 411 F. Traffic signals shall be installed at CR NI emus points 4 • •-.!•.'.:.' when deemed warranted by the County Engineer. The signals -: >7 1 7: shall be owned. operated, end maintained by the County. The ,:....,J,. Citygate project shall pay a fair share portion of the 1 . ..., signal installation costs. --,r 1 . ',. i• ,,;_•-,,r . C. The obeys improvements are consisered °sits related" as •,, ,, - ,... defined by Ordinance SS-SE and shall not be applied as •..-.. f.....f, credits toward any impact fees required by that ordinance. ! ''•>.‘ •i v- . ;•••..• . i ,”`• • H. Detailed site drainage plena shall be submitted to the .,...... t • County Engineer for review. No construction permits shall ie. a- 1 be issued unless and until approval of the proposed t-ti, • ' • ,• constructin in accordance with the subsettlted plans Is t • 1 • /If,. granted by the County Engineer. .• ii,..Zi. ,•,, v : • - . ,-; , • - ...,,,.. I. An excavation Permit will be required for the proposed lake In accordance with Collier County Ordinance He. N-211. as g ; • .. amended by Ordinance No. 33-3, and as may be amended in the future. . ' ".:' 1;•;,. , :. •.: .:. • - . "'•••• '4'...:*; . i•';',..,... sou 033paq U5 . 1 . 31 t .-'• . •,-,.-•, .. .... . • - . 1 ..,. - kr.:*.'' f • !..; .._ . .... -v . ,.. .: ' '...''...' f,....... -!f .. ., Page 41 of 91 1. . .. Y Y . •• .,i � y 7r' 4. SECTION VI ? :'4., UTILITIES REQUIREMENTS t'' • fib".' , -.1 •.1. PURPOSE t,J+ ' •t . itt,• t .� •;= The purpose of this Section is to set forth the potable era: ;•`, water. irrigation water, and sewer utilities requirements • which the project developer Is committed to meet. I-• :: • r ;.3,. E.2. DEVELOPER REOVIREMENT% i , . A. Water distribution and sewage collection and transmission ' systems will be constructed throughout the project r' r. development by the developer pursuant to all current requirements of Collier County and the State of Florida. r. Water and sewer facilities constructed within platted i',- i'''... rights-of-way or within utility !segments required by the r..: County shall be conveyed to the County for ownership. ;.i: . ' operation and maintenance purposes pursuant to appropriate1. . 4County Ordinances and regulations in effect et the time of • .;E conveyance. Ali water and sewer.facilities constructed on t , private property and not required by the County to be ' • located within utility easements shall be owned, operated ,y • : and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer s l MK 033 1114 iib 72 d- 1. ,L .• f• .(. r .,r- - y I. ' , y. , Page 42 of 91 -• •• ..-t-w • ;, s :L 1 '' .Y It •, ' ' , . ;. T• . 1r 3.• ;VI ' '♦ i •1 I, tR � `..... facilities within the project, the facilities will be tested • to insure they meet Collier County's utility construction requirements in effect at the,time construction plans are '' approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned. Into service. Upon completion of the water and/or sewer / i facilities and prior to the issuance of Certificates of (\ Occupancy for structures within the project the utility facilities shall be conveyed to the County. when required by the Utilities Division. pursuant to County Ordinances end Regulations In effect at the time conveyance is requested. _I,_,,, B. All construction plans and technical specifications and r�• proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities I. Division prior to commencement of construction. p. . C. All customers connecting to the water distribution and • sewage collection facilities will be customers of the County • a and will be billed by the County in accordance with the County's established rates. Should the County not be in a • position to provide water and/or sewer service to the • project, the water and/or sewer customers shall be customers '''t.--:. of the interim utility established to serve the project . . ;'• ' ' -t • K• ION 0310417 Ar1.it .`.4a:. ' i •• J R <•' ` Page 43 of 91 • oapmei Iit i. he ,, 1 i .1. ' a until the County's off-site water andler sewer facilities 1. r •, are available to serve the project. 4 i,,!•:. ' D. It 1s anticipated that the Cour.ty Utilities Division will • rs; ultimately supply potable water to meet the consumptive demand andlor receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the tine development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or Interim `' ' on-site sewage treatment and disposal facilities adequate to .; meet all requirements of the appropriate regulatory . agencies. k0; M �' E. An Agreement shell be entered Into between the County and ' i' . the Developer, binding on the,Developer, his assigns or l ; successors. legally acceptable to the County. prior to the `` approval of construction documents for the proposed project. . stating that: l 1. The proposed water supply and on•site treatment i .'�' ' facilities and/or on-site wastewater treatment and '�' disposal facilities, if required. are to be constructed as pert of the proposed project and must be regarded as • interim; they shall be constructed to State and Federal }� - i„� Q t„-�118 ,r . '4', 're Page 44 of 91 i 1111 11111 1111 1K =1 74 , .. 4 1w ‘ ,.::"10... . o,r :4, + ., ' ` '. 't°.• standards and are to be owned. •�`, f operated and malntalned • • {,, '~ by the Developer, his assigns or successors until such time as the County's off-site water facilities end/or off-site sewer facilities are available to service the ; project. The interim treatment facilities shell supply ,. services only to those lands owned by the Developer end t!; approved by the County for development. The utility • facllityllesl may not be expanded to provide water and/or sewer service outside the development boundary approved by the County Without the written consent of the County. �; ' .•• 2. Upon connection to the County's off-site water facilities. and/or sewn faculties. the Developer. his •,; assigns or successors shall abandon. dismantle and -•• remove from the site the interim water and/or sewage •e• treatment facility and discontinue use of the water P` supply source, If appliceble.in a manner consistent with State of Florida standards. All work related with "'i ,�. this activity shall be performed at no asst to the f County - 3. Connection to the County's off-site water and/or sewer. r��n, facilities will be made by the owners, their assigns or 1.':. successors at no cost to the County within N days „, after such facilities become available. The cost of 1 ,...i,•.:..• '.:c 4 Pict 119 t Pt• r • ' Page 45 of 91 ' • tl_ INN 111111 il'y ti y , 4je. connection shall include. but not be limited to. all ` • .': engineering design and preparation of construction Y.;.. documents. permitting. modification or refitting of N '' existing sewage pumping facilities sr construction of 1:. new master sewage pumping facilities. interconnection 3 • 'i. with County off-site facilities. water and/or sewer ••••• lines necessary to make the connection t a 1. etc. 4 4, . L • 4. At the time County off-site water and/or sewer 'i facilities are available for the project to conned 4 4., with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate •, County Ordinances and Regulations in effect at the ; • 7.44;:^ • . :- time: C. a. All water and/or sewer facilities constructed In publicly owned rights-of-way or within utility = easements required by the County within the t, project limits required to melte connection with ' the County's off-site water and/or sower ;:�'.� - facilities; or. • " b. All water and sewer facilities required to connect i ,...-f. with the project to the County's off-site water and/or sewer facilities when the on-site water r• and/or sewer facilities are constructed on private I ' MK 03ary4 120 1.t. N I, Page 46 of 91 f .+ f `I ` 4 St , L ai'+ js property end not required by the County to be . • • located within utility easements. Including but • K' f rt „ I not limited to the following: • 1. Main sewage lift station and force main • ' 1r i'--. interconnecting with the County ower • facilities including ail utility easements ICnecessary: '•' x'' 2. Water distribution facilities from the point fr�A.' of connection with the County's water facilities to the master water meter serving • ; :, • the project. including e11 utility easements necessary. S. The customers served en an interim bass by the utility . ;•. system constructed by the Developer shall become customers of the County at the time when County off- • site water and/or sewer facilities ere available to t • serve the project and such connection is made. Prior i ` to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a [ complete list of the customers served by the interim F. ;! utilities system and shall not compete with the County i t , for the service of those customers. The Developer .d < '' MK 033eaca121 <' f•,t . .. . Page 47 of 91 I J tt t '` C t r' .17.. i.1,-..k .. . y t �'. I. . ii..:" shall also provide the County with a detailed inventory *, si `' • of the facilities served within the project and the • entity which will be responsible for the water end/or sewer service billing for the project. ` • '`"II. All construction plans end technical specifications related to connections to the County's oft-site water sed/or sewer facilities will be submitted to the " �, . Utilities Division for review and approval prior to ;Y commencement of constriction. i 1' •' 7. The Developer. his assigns or successors agree to pay ,,,'.' +'= all systra development charges at the time that Building Permits are required. pursuant to spproprlste fCounty Ordinances and Regulations In effect at the time of Permit request. This requirement shall be made known it: to all prospective buyers of properties for which ' .. building permits will be required prior to the start of C, if s building construction. — '' l' :t-'1' - .. i , .'�`• $. The County will lease to the Developer for operation 8 " and maintenance the water distribution and/or sewage collection and transmission system for the sem of 510.00 per year. when such system Is not connected to the off-site water and/or sewer facilities owned and ' ••• 4.:.• t W3 122 'Y•a 31 's•• ' • 1 h!.... • ti ;t b !A: T NIB operated by the County. Terms of the lass shall be determined upon completion of the proposed utility ,.> construction and prior to activation of the water supply. treatment and distribution facilities andlor the sewage collection, transmission and treatment • 7 ' facilities. The Lease, If required, shall remain in �.,. effect until the County can provide water and/or sewer service through its off-site facilities or until such • . time that bulk rate water andlor sewer service agreements are negotiated with the Interim utility system serving the project. • F. Data required under County Ordinance No. 1$0-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prier to approval of the construction documents for the project. Submit $ copy.of the approved DER permits for the savage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. t''• C. If an interim en-site water supply, treatment and transmissioon facility is utilized to serve the proposed project, it must be properly sited to supply average and peak day domestic demand. in•addition to fire flow demand at • a rote approved by the appropriate Firs Control District servicing the project area. J• • �'y h 1 �wi1Z3 31 •F • Er tyy fip • y Page 49 of 91 • • • . - - • H. Construction and ownership of the water and sower ! • • facilities. including any proposed interim water and/or sewage treatment facilities. shall be in compliance with all Utilities Division Standards. Policies. Ordinances. -7.'2;4• Practices. etc. In effect at the time construction approval Is requested. T• I. ! • •• • Detailed hydraulic design reports covering tha water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shell list all ; • • design assumptions, demand rates and other factors pertinent to the system under the consideration. • J. When the County has the ability to provide sewage treatment and disposal services. the Developer, his assigns or I ,!'• successors will be responsible to connect to these ' • facilities at a point to be established by the County. with } • the Developer assuming all costs far the connection work to • • be performed. , t K. The County has not yet determined whether the Cityguta • • - project will be designated as a treated sewage affluent receiving area. Prior to preparation of definitive central ' -• • •4.0,4', s* 033pisti24 • • SO • , • • :Rt..? • 4?•,. .• • • , : .:: • - . _ MIN 111111 M E • Irrigation plans for the Cltygete project. appropriate input shalt be obtained from the county to insure that applicable county effluent use plans are compiled with. if and when the county designates the Citygate project as a treated sewage effluent receiving area. the Citygate Developer. his . fir assigns or successors. shall construct the necessary facilities for use of the treated sewage effluent for irrigation purposes and potentially for fire flow purposes. The Citygate developer may be assigned responsibility for providing all required piping and pumping facilities from the County's point of delivery to the project. and may be required to provide wet weather storage facilities. es • required by DER. consistent with the volume of treated effluent to be utilized. The treated effluent distribution system. if required. shalt be constructed pursuant to the findings of a detailed, county approved hydraulic design report. The report shall list all design assumptions. demand rates. and other factors pertinent to the distribution system. Treated effluent supplied to the project will be subject to the county's established rate • schedule. L. Prior to approval of construction documents by the Utilities y ' Division. the Developer must present verification. pursuant • to Chapter 317. Florida Statutes. that the Florid. Public =a P f 1- mu033PAI 125 ; 41 • . 44 A.. • . • Page 51 of 91 S. !.rt t i •1,:J d '' :i '1 0'1' i •.i• 1 i. 4 -i : Service Commission Commission has granted territorial rights to the0. • • �' Developer to provide sower and/or water service to the . .. project. if en Interim treatment facility Is required, until ''•bthe County con provide these services through Its water and t .. • r sewer facilities. i , .,......, • M. Ne septic tanks are perYmitted to serve permanent commercial, • :...140:1 industrial. or similar uses. Temporary septic tanks which serve temporary sales facilities or other temporary uses prior to the availability of central sewage treatment facilities may be utilised in accord with F.D.E.R. - ;.t. standards. I 1 � , ^r, N. Any establishment requiring a CCPHU permit must submit plans • „' for review and approval. t'' 1.'.0 k a . I '� i 0. If a vegetative barrir is placed around the package 4.., treatment plant and/r lend disposal area. the ESPCD recommends that it be located in a manner so it does not affect the proper operation of the treatment process. ft I,` P. The ESPCD recommends that the petitioner locate the land application site away from any drainage ditch and/or Swale i f 8} that may affect the proper'i operation of the land disposal site. 1 N �r� t ss. 033 fes' r Ur • 42 + A4. .4 . r el ry i.. Page 52 of 91 ,.•• ,': .i i :s • 1 r,ji •: • t A " . " SECTION VII 2 ve. .?,. ' . RED COCKADED WOODPECKER MANAGEMENT PLAN ,�x • The Red Cockaded Woodpecker (RCwj. &fissile lersall*. is a protected spades of pine forest dwelling wildiife. During planning of the Citygate project. several Red Cockaded ytoodpedcor nest trees were • identified en the site, end determination was made that a number of Red Cockaded Woodpeckers utilize some of the nest trees and forage on i -• f..; the pine forested portions of the Citygete site. as well as on ' adjoining off site pine forested lands. A Red Cockaded Woodpecker Management Plan was prepared. incorporated in. and approved as pert of I 'the Development of Regional impact application. The elements of the . plan have bean Incorporated in the Citygate Master Development Plan and this PUD document. The central feature of the Management Plan Is w: an agreement to defer development of a 72* acre arse which embraces "l the nest trees. a buffer of pine forest around the nest trees. and a .I' . corridor of pine forest which connects the nest trees to each other and to existing off-site pine forested lands on which the birds now forage, so long as the birds continue their existing nesting pattern. a • ,. . The 72! acre interim preserve ares is Indicated on the Master {. Development Pian. as are the nest tree locations and COXfeet diameter r dreles around each nest tree. After planning of the Citygate project F . was initiated. a forest fin severely burned a large portion of the ` .,,,,,,‘:•••• ;r ., MI 035PM127 , ? v ‘. Y V i•�� 7•' • I ` I Page 53 of 91 r r IMMO IMPa Yf • A to.. •4 • • • Citygata site. Including approximately half of the interim preserve • ars. Many of the pines in the burned area have died. and the Florida Vic'' Forest Service advises that pine death will continue for several • • r J . years. The long term Impact of the forest fire en utilization of the . •i'. area by Red Cockaded Woodpeckers cannot be forecast with accuracy. but annual monitoring of the birds will provide the needed infornntion. The following menageme ntlmenitoring activities are an Integral part of • the Red Cockaded Woodpecker Management Plan and of this PUD documents I. Prior to issuance of constructbn approval for the streets. drainage facilities, utilities. etc. in a project development ',hose. a Red Cockaded Woodpecker survey •; utilizing approved methodology will be conducted to insure that the birds have not established nest cavities in the planned construction ars. The survey shall eccur within N a days of the start of construction, and If it is determined • - that Red Cockaded Woodpecker nest cavities have been [4.; established In the construction gree. determination shall be made by the agencies responsible for Red Codaded Woodpecker protection laws as to the necessity of modifying the Red Codwded Woodpecker Management Plan. 2. Annual Red Cockaded Woodpecker surveys utilizing approved fr methodology will be undertaken until Ave yeas after final s'. 1021 033mq 128 g., 4.av �'''' Page 54 of 91 NIB 11111 MI t • r. N• >•- ' buildout of the Cit to yga project. with results of the annual 1 surveys to be furnished to the Florida Cane and Fresh Water [-i..t Fish Commission. the Southwest Florida Regional Planning Council. and Collier County within 30 days et survey T. • ,� completion. , C " ' •, 3. AMa laleuand other exotic vegetation within the Red i` _ I ,.; ,d ' Cockaded Woodpecker preserve awes.and elsewhere on the = Cltygste site will be eradiated, thus significantly enhancing the quality of RCW forage area on site. ,� • .f i. Excessive undergrowth will be controlled by burning andlor i • 4� '' by use of mechanical equipment. . ` S. Pine trees having a DOH of $ Indus or more, located outside 1 the RCW preserve but within the required yard and buffer . areas in the remainder of the site. will be conserved to _ ; arose.provide additional RCW forage are . I i • i'_' .. S. Lands within the RCW preserve area may be utilized for • l' t'• limited recreational purposes such as walkways• jogging trolls, picnic facilities. etc.. so long as disturbance to `1` , native vegetation is minimal and the recreational activities • r avoid the RCW nest trees. ' v tt''wv •:J • o mu ��//f/ •r , •;i D • f. s i f.yr... r Page 55 of 91 �1 WIMP , ysum r r 7• . Underground utilities and surface drainage swats* may cross 1 '','.�' the RCN preserve area. • ../,--' ,;t I. The preserve ars* will be posted with signs which Indians that it is en RCW preserve and that disturbance of the birds 1L.-:: Y prohibited and unlawful. i' f 1 is P*'� I. Proposals to modify the Citygate Red Codaded Woodpecker I , ,` ''' Menagment Plan may be submitted at any time. Such proposals %,' .r shall be supported by a current survey of on-sits Red •.,. , Cockaded Woodpecker nesting and foraging patterns. and such 1' additional information as Is required to evaluate the ,i,• , proposed Management Plan modification. The rationale for 1`'' authorizing lands to be removed from the RCW preserve ares f` may include abandonment of the nest trees by the birds f; • andlor a change 1n the character of the pine forest forage EE :.c • * area. resulting in a loss of the habitat d+aracteriat cs :: required by the RCW. tg r.• • ;.`,7 ...,•'. i' Proposals to modify the Management Plan shell be submitted . '~• to Collier County as an amendment to the Cat/gate PUD. with copies to the Southwest Florida Regional Planning Council 0 and Florida Game and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council and/or the 'ti�,, Florida Came and Fresh Water Fish Commission may provide comments and recormeendatlons to Collier County regarding the ( proposed Menagament Plan modification. ' ?';t. sok 011e t 130 rb ••49i, { :7e. rr 'Z ..fir.• • Page 56 of 91 .14k.. 111111 • J tf 1 ti• k • . Th. Planning/Zoning Director shall prepares reconnsndstlon regarding the proposed Management Plan modification: an• • advertised public hearing shell be held by the Board of � ''; County Commissioners: and upon a finding of suitability the Board of County Commissioners may. by a majority vote. , t. authorize the requested Management Plan modification. • ` The Florida.Came and Fresh Water Rah Commission has recommended to the Southwest Florida Regional Planning • =' Council that a regional plan be developed which will result i ;. ` in the public acquisition of geographically suitable wildlife habitat witch Is comparable in amount and character to wlidill: habitat which is lest to the process of urbanization within the region. Commission wildiife biologists have stated that approximately 233 acres of the 287 acre Citygate site have the characteristics of Red Cockaded Woodpecker habitat. The Comrmission wildlife biologists have stated their expectatio, that, upon • • development of the Citygate site end surrounding lands, the existing Red Cockaded Woodpecker population will abandon the area. In spite of the establishment of the Citygate Red Cockaded Woodpecker preserve area and associated Red Cecadsd Woodpecker management commitments. In the event a regional wildlife habitat acquisition plan is adopted, the • purpose of which le to mitigate wildlife habitat loss to urban development in the region. the Citygate project shall 17 sat 033ni 131 a.: , '•i'• ' Page 57 of 91 ,� N ao • r • .c be subjectto such impact fees or other • f P implementation i t. = measures es are lawfully enacted for the purpose of R implementing the regional plan. • • I Fi•� ; • • I $ q� {, i• f fT: } 1• 1 4:? x I • • • 1 rte. I + yJ . �, 033 Prot 132 " e k- z'. • y t 1Page 58 of 91 • :. ammo, • i r• } i. tt • • w :111*. t, t wa I MISIMIL Mt MO RMra roam M sassima , ;r: '�� MM;awes I IwSrwa s Mia Maw !.'r''IN.. :/ IIIIMI I I6600I116.r. MIIIIMIIM MMMI fff ••1Ie: . IY MML&MAO 6 IMMN0.M. IM MO 640186M • 3' t r�� i f R f!1 ` `w , .��ra 1, I - wnw+Iu wru M / : . • "(r .I_ _•�- 1'" r; m J • ,.ti./... .,.a u.'IIM1p1 • 1.... ••••••• ••••••,••••••• )............ IL �, .• le &r..a 1 .." '.?...: (----10iMp - * ' . I r _ • I ..s.," 6 .., , i -- - V IS i 1d 1 : II! . ,Iii\11111*\1111111 -, (t. - ' iii °711x c1=4 2. 111,, 1 R psi . r ' Ir u • . :=1 .10, r� 4 1 i' • Z Drs. 1111111e. lat 1111111111:111111 i -mot' A 'ailI:0 II PI I 4 R i . s ,•T: ,, 1II, =r a INC 033m133 A-:. Page 59 of 91 I .t.i El INI MI A 4-, ,i *:.3 r r. I.... • • ",.r., t 1 ' 1 ,ft% 1 - • ' l'• I e. I It •› 1 ., . i i ii i i i C i , t - '•'; 8 g f f f f f t r r , I1 I 1 II III . I. I. I. I. I. 1 i a 1 i $ $ , i• •..4., •. et ' •if 0....„ % .: . 8. ‘5,... • ...• • . • •„.. : Ill. rill 1 il A I I i .. .. I3 . . , * i .4 1•1 . I I I . i . •7. 1.4 , • ' „, .•‘ .: . f: 2 et 0 $ 0 a 1 . 1 . . -1 4 :**. • 6 gi si ti • i 2 4 r: 01 X I , ,: I.- '.. • 5 . I a I I Do • 01 Of • V. rd ti• . , • . ; ',.. rt, . do OD ol. IV 0 0 ..4 F. N II. GO la 2 PI fa OD DO es 2 s re 6 e 1 * . , ' . '• Iv', ..4 ow se is on I I 0 I I I II 0 '''''.:4'. • • • . - '1 I i llama at et 2 IR • X • • I .. • ., • ;, 1 C7A.. II . I 1 ix 4:-• i E 13 I ,. ... 1 it i I 111 I . • . .2 .. .1 .1 in I 1 . —. 1 i I I ii A 1 iii ii II iii ii 1 1, ,,...4 'I i• , tf- 5 • irit 7. 'i ION 033 PAct 134 id -Ni :.,,., .s. ..;- Page 60 of 91 -., , r INN= all • I ,Iii • • ti 1 11 4 r erg i: ..'"' .i...':111111 4 . r .i. • Y•.i" y • ,,R i4'` ' •'�" • . F1g' • A iJbii • 1 II ' 1111 161 2 till °If • 24 a a a I • VI r. " ral II till; r. • . II 111 /iil i' a I -.cif- i 1 /;11i Is twill , , t,,,.:. woe 0. •. /1 • r la w Li i pii, iiri „. ., V- : /11 , MI • IV PI MI g 2 SI 11. 1111 f viiih i . ' " "' tri JiIIIb . .�l f !' N I:3 1 I ifi ......_ .,... ! lilt! -I 1011 7P i a: • I • o 1 i ii 1 % - 1 P . + 4 w ! J•• s r Page 61 of 91 w Y••'=3', t!1 These sales and services will primarily serve Interstate highway > •' ` ' travelers and employees or businesses within the project. a opposed to functioning as a neighborhood shopping center. iPO The office category is limited to offices which are principal uses. and does not include offices which are ancillary•to and incorporated I. in other land uses, i.e. administrative offices within a light • manufacturing or research and development firm. Most of the offices `-' will have extensive interaction with businesses external to the ��' project, but some will primarily function as servants of other land uses within the project. ' ' .k; IS) Parking space Ind employee estimates were largely based on lilt •,e.'. standards and averages cited by Urban Land institute publications. • • When definitive published parking and/or employee standards for a specific land use were not available, the estimates were based en published standards for the most similar uses. The estimated employees include those who normally spend all or most of the work day within the project. i.e. office workers, sales el. industrial workers; employeesrho shuttle to and from it place of employment • during the work day. i.e. delivery truck crews; and employees who seldom visit the project. I.e. manufacturer's field representatives. It is anticipated that many of the uses within the project will be . served by common parking pools which increase the efficiency of parking space utilization. The employees estimated for service statk+n, hotellmmotel, restaurant/lounge, and perhaps ether uses will be spread over two and. in some ases, three shifts within a 2e hour perked. • • . .1' ♦ r', •• ~tt. ' ":,SLS 1 • .•s ,i, .y yr y, . i_ Z • . • ' r' S• 04 . '',4--•C,: . Page 62 of 91 ,%.•!:,0}'• • • ;Mb:7• f w 101 • y4. DEVELOPMENT ORDER 88..2 ' RESOLUTION /8-.1112, DEVELOPMENT ORDER OF THE BOARD OF•' COUNTY COMMISSIONERS OF COLLIER COUNTY, V. FLORIDA FOR CITYCATE COMMERCE PARE PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Vines and Associates, Agent, for Citizen's i t " : Southern Trust Company (Florida), National Association as 41;iTrustee for Land Trust 15360 Applicant, filed on April 15, 1987 - r f: • with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known Citygate Commerce Park Planned Unit Development in accordance with Section 380.06(6), Merida statute'': and ‘ WHEREAS, vines and Associates have obtained all necessary • approvals and conditional approvals from the various Collier * County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval: and WHEREAS, the Board of County Commissioners as the governing : :• body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380:06 florida statute'', is L: authorized and empowered to consider Applications for Development Approval (ADA) for Ddvelopments of Regional Impact: and • WHEREAS, the public notice requirements of Chapter 380 jlevids Statutes and the Collier County Zoning Ordinance have • been satisfied: and • WHEREAS, the Collier County Planning Commission has s2- f"•, reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWPRPC) and held a tet• public hearing on the ADA on November 3, 1981, and • ` WHEREAS, the Board of County commissioners has passed - .. ordinance as al_ which rezoned the subject property to PUD: and MIN CKO PrA J • Page 63 of 91 r emmr IMO • i i I r r% '.014? " t 4. WHEREAS, Citygate Commerce Park ADA is also part of an V r • overall resoning application by the developer; and the issuance ' of a development order pursuant to Chapter 350.06. ZiOddi swam does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the . ? ....... .• County or State; and 1 •.rf : VISREAs, on December 13, 1961 the Board of County I , ' Commissioners, at an open public hearing in accordance with '-✓„r... Section 350.06, ;Florida statutes., considered the application for C'''. '.- Development of Regional Impact submitted by Vines and l ., •se . Associates, Agent; the report and recommendations of the Southwest Florida Regional Planning Council (SMFRPC); the • certified record of the documentary and oral evidence presented ' ,g. • to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the t' • recommendations of Collier County staff and Advisory Boards; and "the comments upon the record made before this Board of County 'r: Commissioners at said meeting, hereby makes the following ! Findings of Facts and Conclusions of Law: ” FINDINGS aF FACT ,. ' ', 1. The real property which is the subject of the ADA is . At,. legally described as set forth in the Planned Unit 4 '.:14 Development Document for Citygate Commerce Park . •• attached hereto as Exhibit "A" and by reference made a . t part hereof. ' ^ � • 2. The application is in accordance with Section f. 210.06(6), jlorida statutes. r<. 3. The applicant submitted to the County an ADA and . r.s • ufficiency responses known as composite Exhibit B, I1, and by reference made a part hereof, to the extent 1 r, that they are not inconsistent with the terms and conditions of this Order. ` f, • I f- x? IW 03341113215 Iii _''_' Page 64 of 91 _2_ r6/ AMMO MIME . ' 4. lc 1:r. t. The applicant proposes the development of Citygate - Commerce Park Planned Unit Development for 217.1117 acres which includes: 50,000 square feet of },rs commercial, 136,000 square feet of office, 1,120,000 i •`:. square feet of Industrial, 250 hotel/motel rooms, and v...-....-. 10,000 square feet of public, utilitarian, aA•1 recreational and educational space. 'i. S. The Development is consistent with the report and . recommendations of the SHIRK submitted pursuant to ' Subsection 310.06 (12), Florida Statutes. S. The development will not unreasonably interfere with '* the achievement of the objectives of the adopted State i c- Comprehensive Plan applicable to the area. i .., 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SBFRPC. j S. The development is not in an area designated an Area • v`" of Critical State Concern pursuant to the provisions 1 of section 380.05, 7lorida statutes., as amended. S. The development is consistent with the land development regulations of Collier County. 10. -• ; -YVa, Y ./ Y: C1- •. . .i•,.17: A.1.4..- \/- 7 . The project is located within the designated Urban , I Area by the 1913, Collier County Comprehensive Plan. tic:*`. • The 231 acres east of the Florida Power i Light (FP&L) -'< easement has been amended (Ordinance Ili- 93 ) to an i ';;', Industrial Land Use Designation. The area west of the i' ,, ::r FP&L easement (37 acres) is designated as Interchange r 4'.. Commercial. .. spectusions OP LAN 15 NOW, THEREFORE, BE IT RESOLVED by the Board of County '.. I, Commissioners of Collier County, Florida, in public meeting, gi �! , duly constituted and assembled December 13, 11111, that the Citygate Commerce Park Application for Development Approval I submitted by Vines and Associates, Agent, is hereby ordered •-'4,••,.. Page 65 of 91 -3- yt . 1. : .i . , . " • Ts* . ._ . (tj y,„0„.. G ', . , L .„1:.7, - .. " '` ,.• ti approved subject to the following conditions as recommended by T . the SWFRPC or in response to their recommendation and the Commitments specified in the PUD which are hereby adopted as ??„-'J conditions of approval at this Development Orders r r � ea E/WATER DUALITY: ", a. The control elevation for the overall surface water lf, memeaver��ntetsiastem onshallwtea ble based on theism istetorical ;.•4-• b. Each stage of the tvo-stage surface water management system shall csmply with the South Florida Water •. Management District's •Basis of Review'. a. For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous • c Materials Management Plan to Collier County, Florida Department of Environmental Regulation (FDER), South Florida Water Management District (SFMMDW, and Collier County Division of Emergency Management for review and • approval, pproal. prior to any certificates of occupancy being, issued. j d. The applicant shall coordinate with Collier County, FOBR and the SFMMD in the development of a surface water monitoring maintenance and samplir.q program to g help ensure achievement of state water quality standards, as specified in Chapter 17-3, j.A.e., V e. All comaitments made by the applicant within the ADA and subsequent sufficiency documents, not in conflict . ` with the above recommendations, shall be incorporated as conditions for approval. •i ; '' 2. Ma= The proposed project rill be an all electric project and y will increase the energy demand in the Region. The applicant has committed in the ADA to variety of 0,e . / conservation measures to help reduce the energy impact of . the project. These measures shall be adhered to by the ' applicant. • ,N-. .3a Q �, a. she applicant or his successor shall be folly t responsible for site-related roadway and intersection 1` improvements required within the Citygate Commerce Park DRI. The applicant shall be required to pay the III full cost for any site-related intersection improvements (including but not limited to m signalization, turn lanes, and additional through lanes) found to be necessary by Collier County for theg project's access intersections onto CR-931 and �- Landfill Road throughout all phases of the development. Collier County and the applicant, shall x • limit the number of access roads from Citygate to CR-931 in order.to preserve capacity on CR-991, a ,. regional roadway. • b. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, f construction, construction contract administration, ., Page 66 of 91 F • J i ! � ;� ` y and construction inspection necessary to maintain peak .r ti,� season/peak hour LOS "D" for the following significantly�; significantly impacted regional roadways through • ii ' b'. project buildout in 20038 i .t • r+ 0-951 (Tides of Caeri Roads 4. ' h ►:' - Vanderbilt Beach Road to Golden date Boulevard •.•,-1/9:-.'• - Citygate North Entrance to 1.75 1 tt •••••,‘,/....., • I-75 to Davis Boulevard f 4`. - Davis Boulevard to CR-164 (Rattlesnake Hammock • ':1-,.4,•.4.4.'.• • Road) r, i t'.. iMr,'w , S8-145 fhsokal.a Reads .71 C ' „ .y • , . `.�'� - Airport-Pulling Road to 1-75 1 • . cg-a96 (Pine Ridge Roads . - Airport-Pulling Road to I-75 r A rpo ng I d jR-14 [Davis Souievard% ;. ', �� • Airport-Pulling Road to County Barn Road •L :;;- - Radio Road to CR-951 c• . Adequate commitments shall be provided by the f: applicant for the necessary improvements, including ' but not limited to, right-of-way, coot of ,, , signalization, turn lanes, and other improvements deemed necessary by Collier County or the Florida • Department of Transportation (FOOT), as appropriate, I, to maintain level of service "D" on a peak season/peak •, hour basis for the following significantly impacted :; off-site regional intersections through project • • . buildout: • CR-9S1 at 8R-84 (Davis Boulevard) . . , CR-0s1 at golden Gate Parkway CR-951 at I-75 ramps ... : f CR-951 at Rattlesnake Hammock Road CR-951 at Landfill Road (also a site entrance) '1'I1 SR-84 at Airport-Pulling Road :•'. SR -84 at Radio Road . ;.,L'. d. The timing for the initiation of the improvements ' 1,,, ' outlined in recommendations •b• and •c• above shall be made at the time that • road segment is found to exceed LOS "D" on a peak season/peak hour basis, or a road intersection is found to exceed a peak hour level • of service "D•. Service level determination shall be -+ made by Collier County or FDOT, as appropriate. To r. determine the existing levels of service on regional t facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier county, Naples Area (Collier County) Metropolitan Planning Organisation (MPO), the Collier County Transportation Department, FDOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall • be submitted one year after the issuance of the I'l; development order for Citygate DRI. Reports shall be I. .' submitted annually until buildout of the project, and h,-, at • minimum, shall contain turning movements and i • , traffic counts taken at the access points to the project, turning movements at each of the regional t .f . 033WA141 .. 2."'• }„ 74 ,4Page 67 of 91 ,X.aiw. �� ■■sa - a ' -.. ' intersections listed above in recommendation "c", and •' a calculation of the existing level of service at •" '. these intersections and on the road segments indicated • "• Y, above in item "b". �. The levels of service shall be calculated according to sr,:*: current professional standards and should provide an �f•.• indication of when peak hour/peak season LOS D is • expected on impacted roadways and/or peak hour LOS *D" ii;: on impacted intersections. It will provide updated •• information to more accurately forecast project 1-, • buildout traffic and total traffic for determination ' of proportional share. • e. During each Phase, prior to the approval of any land p . use roposed in any subsaquant future Phase, the applicant shall submit for County, Regional, and !DOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Citygate. If this evaluation indicates that the assumptions on which the Development Order was based are being exceeded and . that a substantial deviation bad occurred or will ;- occur during any Phase a full assessment of DRI ' Question 31 will be required. f. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed f.:. prior to, or coincident with, development of Citygate Commerce Park DR! (1915-2003) if peak season/peak hour LOS "D" conditions are to be maintained on regional road segments with peak hour level of service "D" in regional intersections. � , Regional Roadways and local roadways (including It. F ',%". intersection/interchange improvements) 1 '. 1 set i [19at-19401 . •1 ' 40.4si [isles of Curl Roads ' 4:::,t? 'tilt's Blvd. to CR-164 Widen to four lanes with a - "' ` (Rattlesnake Rammock Road) median (segment is programmed j for widening in !Y 1993-94) , .i'� - phase 22 11991-19941 " :rte " 00 additional improvements are indicated. ... .,:'' IlLea.fi !22 ti,e ..tia,1 ' •. )t�'= �4lji [isles of Capri Readl 1. '.f, '...04.75 to Davis Boulevard mwiden edian to six lanes with a •Li;-1,,-.411•14 [Davis S1vd.1 J` ,'aiiirport-Pulling Road to Widen to four lanes with a •County Barn Road i! median • a*adio Road to CR-951 Widen to tour lanes with a • 1:; median • .4-i-; �V . V Illi �trd 1 2 •', :' Page 68of91 -`. I l ., 1. � ' r. r i IV t149e-20001 .1. A i '1 fs additional improvements ars indicated. i 46 t •`' .'mow V 11001-20011 zr} ' .J.. alS1 biles of Canri Road) t r.', r iVanderbilt Beach Rd. to Widen to four lanes with a •' i.' 4. 4 Holden Gats Boulevard median 1 -,:.,,.:.1 , , 1etxgate North Entrance to Widen to Nix lanes with a 14.711 median t. �,�.,N to CR-iso Widen to six lanes with a • ► .+ba1►is Blvd. i. .-'4.,„:- (Rattlesnake hammock Road) median t. Y.. r. k/s IInokalee Road) . •Airport-Pulling Rd. to 1-75 Widen to six lanes with a 's' ?` o• median `► i; , -NSa :Pine Ridoe goad) 1 �.4Ltport-Pulling Road to 1-75 Widen to six lanes with a =.x�; median ,:; b c ..�. i V - f �. comnty Barn Road to CR 551 WidenWfour lanes with a 4 s. Notes The listing above assumes that improvements required j . in an earlier phase are provided in that phase. . „ : q. The FOOT shall be involved in reviewing improvement 0-' designs and the identification of appropriate costs s"" for improvements on the State Highway system to be �'•. used in calculating the applicant's proportionate •�. share. These costs shall include all aspects of ` required improvements including design, utility relocation, drainage, construction and other related �. ti.." costs. h. Prior to building construction south of the planned m: east/west road abutting the County water treatment '` plant and west of the Florida Power i Light transmission line easement, or no later than i months fres the date of approval of this Development Order: FOOT shall be consulted in order that a determination can be made of the necessity to reserve 1-75 interchange enlargement area for right-of-way • acquisition by utilisation of Chapter 337, jlerida I. As to each phase of development and prior to :"` ';. com�asnceaent of each phase of development either of the following conditions shall provide adequate .L ii ',.''•,,* I* �►vt143 - -,,;' Page 69 of 91 -f- t • wry .. yf, ``•; commitments for improvements indicated above to significantly impacted regional and local roadways and h intersectiones i' , , ti'' '` (1) If annual monitoring reports confirm that traffic ; volumes on the road segments or intersections i, above exceed LOS "D" peak season/peak hour and the project is utilising sore than St of the respect ve level of service capacity, then ;r._ building permits for any future phase shall not be granted until funding of the needed !' improvements for that phase is committed and ItsP. construction has commenced. Building permits for y the current phase shall be granted provided the F,, level of service of the road segments and 4i, intersections above does not exceed LOS Es or I:( (2) The transportation impacts to the roads and ' i intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule . 9J-2.0255, yids Adsipistrative Co05 . Transportation Policy. The Regional Planning . Council shall be consulted during the calculation of proportional share and/or pipelining of regional road improvements pursuant to the DCA rule. In the DCA rule formula, "trips existing" shall be defined to mean all non-DMZ trips on the i•_ roadway (or intersection) existing at the same time as the Dar trips in the proportionate share calculation. The resultant DCA proportionate share formula shall be applied to the total costs per, of necessary roadway and interaection . improvements. . i 4• . a. Golden Polypody Ferns and Butterfly Orchids shall be E ` relocated to appropriate protected areas on-site. . . ,', b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. !`', C. Prior to issuance of construction permits for an ' $,"'approved development phase of the citygate project, a f`.1., Red Cockaded Woodpecker (RCW) survey utilizing previously approved methodology will be conducted to insure that ACM. have not established nest cavities in r' the development area. The survey shall occur within 40 days of the start of construction, and if it is determined that RCN nest cavities have been established in the construction area, determination shall be made by the agencies responsible for RCM protection laws as to the necessity of modifying the i , ii. RCM Management Plan. • � • ' d. Annual RCN surveys, utilising the previously approved , J methodology, will 6e undertaken until S year after ;• final build-out of the Citygete project, with results of the annual RCM surveys to be reported to Game and • Fish Commission (CFC), U.S. Fish Wildlife Service (USFws), IWPRPC, and Collier County within 30 days of .. survey completion. ; i - Alasz,,,gti..,,. ._ Page 70 of 91 -a- ts. i Y • i4 •4r iS''.4'; . •. Proposals to modify the Citygate RCN Management Plan 'le may be submitted at any time. Much proposals shall be supported by a current survey of on-site RCW nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management • Plan modification. Upon determination that the on k- site colonies in any area sought to be removed from RCW Preserve Area have been abandoned, and any A!, • required off site mitigation is being provided, • appropriate modification to the RCW Management Plan shall be approved. • • ; •a• f. Melaleuca and other exotic vegetation within the RCW preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. Y. ; • ti: q. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. I h. Pine trees having a Diameter breast Height (Daft) of i" ' or more, located outside the..RCW preserve but within the required yard and buffer areas in the remainder of WI the site, will be conserved to provide additional RCW n:. forage areas. last of the PHIL easement in the vicinity of the RCW preserve area as identified on the 3(. Master Plan the minimum parcel sizes are to be 2 . (• acres: minimum yards are front 50' rear 50' side 25': .� not more than 201 of these devoted to vehicular drives rand i required yards may be ': least 30% of each development site must bedevotedto natural and/or installed landscape areas. i. Lands within the RCN preserve area may be utilized for limited recreational purposes such as walkways, ^'. jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the F . recreational activities avoid the RCN nest trees. j. Underground utilities and surface drainage swales say cross the RCW preserve area. k. The preserve area shall be signs which • indicate that it is an RCN preserve and that disturbance of the birds is prohibited and unlawful. ; . When a regional mitigqation plan is approved andrd,,,'4, , i lemented the • licant'sshall subjectto : ` the provisions thereof. plan ha be I. '''' m. All other Commitments made by the Applicant either in the Citygate ADA or sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for development order 1/.. approval. ,fes• rt'r,ti ' . - , c 033w4145 n 1 4.1.:• F • ' Page .•_ ,, l 4 a. No commercial, Service R i D and/or Industrial • development shall be allowed until a package treatment plant or central processing plant is on line to serve r', the project. •:-.i.'-. b. The applicant shall provide assurance that any .,a4'� hazardous wastewater viii be segregated from everyday L•'.: wastewater. ` = - e. If percolation ponds are used, they must fully comply • ' •'::. with PDER Standards. 4 a J ''a • `'r�Y.••'.:`• 21111.2a=11. a. lire sprinklers shall be included throughout the l project as required by applicable fire codes. 4•`' b. The project shall • participate in lawfully adopted, generally applicable fair share requirements to fund fire control district facility, equipment and A. personnel needs in order to mitigate project impacts. ,'. c. The applicant shall meet with appropriate fire district representatives during site plan review in 1 ,.; order to incorporate any required features into the overall project design. ' 1 9. iOL1nIIMU a. The applicant and subsequent tenants of the project shall investigate methods of reducing solid waste • volume. b. The applicant and subsequent tenants shall identify �` -�� the proper on-site handling and temporary storage • • procedures for any hazardous waste that say be generated on-site, in accordance with local, regional, *.. state and federal hazardous waste programs. L'A:.:,... S. g'LR SUPPLY: • a. The applicant shall consider the utilization of I c oxeriscapeu in the final landscape design for this • E . project. This design application should help to further reduce irrigation requirements for this DRI. r b. Water conservation measures and practices shall be v .. utilized in the Citygate Conserve Park project. At a L . minimum, water conservation devices described in the Water Conservation Act (Chapter 553.14 Florida Deathtrap must be used, landscape irrigation shall be restricted to the hours of S p.m. to ! a.m., and non-potable water sources should be utilized for irrigation where possible. t' • NIR O33 146 ;r • Page 72 of 91 mon MEN I 1 '•e ii, ',:1".....". a. The development shall satisfy the requirements of any Ordinance, which also �,�. subject to Chapter 310.osuiresrie estatutU procedures not ;;� to participate, to contribute its proportionateshare needed to accommodate the impacts of the developsentt or .').. b. Pursuant to Chapter 310.06(16), Florida Statutes, the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinance to impact tees or exactions to meet the same needs. The local government and the developer may � .; enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I - 1904, Phase II - 1997, Phase III - 2000, Phase IV - 2003, Phase V - 2006, shall be incorporated as a condition of approval. If development order i' conditions and applicant commitments incorporated • within the development order to mitigate regional • I. impacts, are not carried out as indicated to the :� extent or in accordance with the timing schedules specified within the development order and this • phasing schedule, then this shall be presumed to be • substantial deviation for the affected regional issue. c--.. l0. P.v.D. Dsetrxafrr: 4". •..?. Theapproved cit Y9ate PVD document and Master Development Plan, as those documents may be officially modified from i.-. time to time, are herby incorporated in and made a part of • this Development order and are entitled Exhibit "A", attached hereto. i'',.... ' Et IT FORTNER RESOLVED, by the Board of County Commissioners of �, Collier County that: ! 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public nearing for rezoning end `." supplemental documents that are not in conflict vitt: conditions .or stipulations specifically enumerated above are hereby adopted by this Development Order by 4• reference. . . !. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. : ,, t ii, 'Y. sal 033n�.t 147 I 1: •" t . ' Y,, . . .• st.i�r .:..f... Page 73 of 91 -t t- 4 ' i S fi. 3. This Development Order shall remain in effect for the . duration of the project. However, in the event that , significant physical development has not commenced within five (5) years frog the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement '7. ' •significant physical development" does not include .;° roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sever and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the ,� commencement of development. k: 4. Pursuant to Section 360.06 (15) (c)2, jinrida Statutes (1957), this project is except from down zoning or intensity or density reduction for a period of seven (7) years from the date of adoption of the Development 1 . Commissioners Order, subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within five (5) years as provided in Section 3 hereof. S. The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective data of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(6), Florida , . Administrative Code. Failure to submit the annual ; • . report shall be governed by Subsection '310.06 (1$), Florida atatutea. S. Subsequent requests for development permits shall not require further review pursuant to section 320.06, , Florida statute. unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following e, * is presents 1 a. A substantial deviation from the teras or r: .' conditions of this development order, a substantial deviation to the project development 3 phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Councils or .�.: t b. An expiration of the period of effectiveness of ; , . this development order as provided herein. 3: 14t 11N 033era 148 • :Q• },• Page 74 of 91 r• ft `. .Y r . t 1 V• Upon a finding that either of the above is presented, r , F the Board of County Commissioners of Collier County shall order a teraination of all development activity ``` until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 310.06, Florida Statutu. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to � obviate the duty of the applicant to comply with all t;:: other applicable local, state or federal permitting procedures• S. The definitions contained within Chapter 3110.06, 7lorida statute, shall control the interpretation and construction of any terms of this Development Order. S. This Order shall be binding upon the Developer, its !'• '• assignees or successors in interest. ' '' 10. It is understood that anyreference herein to any . governmental agency shall be construed to wean any ' future instrumentality which may be created or • designated or successor in interest to, or which otherwise possesses any of the powers and duties of ., any referenced governmental agency in existence on the effective date of this Order. ' In the event that anyportion or section of this Order 11. is determined to be invalid, illegal, or i unconstitutionala 1):::'; jurisdiction, such decisi n shall In nofmannerteffect the resaining portions of this Order which shall remain in full force and effect. 12. This resolution shall become effective as provided by Law. s ;. 13. Certified copies of this order are to be sent f ":• immediately to the Department of Community Affairs, '� . F and Southwest Florida Regional Planning Council. ' DULY PASSED AND ADOPTED this 13tj:day of December , 19811.. DATE: December 13, 1908 BOARD OF COUNTY COMMISSIONERS . COLLI COUNTY,Y..E/ DA ,ArrTz .,••• t,�, . ,� .i , • t ! . ' ~ 'Pi`• Mi(' Deputy Clerk C. A LSS�Wct :'`;, :• tib« : • - �Atilois0•As • AND LgeAL SUFFICIENCY �R J .Asian IT COUNTY ATTORNEY •. . ' - ~ GATE RESOLUTIONIOU 1 .11 !-. .:j ,-1 �i J,. . a t ?(--...-‘-r4?(--...-‘-r4.. 4:�. ` _.Paje75of91 •13• , Una ifs fi.a... El is • ;vi • ,.e • L t . �r- •• 1 •ji --- •l.t't' • t . •' *tit.` d ' 1 .1 • . *TLTZ OT VLORIDA ) :11 f • �1COltf1SY of COLLIER ) t I, JAMES C. OILES. Clerk of Courts in and for the !F ` : ° twentieth Judicial Circuit. Collier County. Zloride. do C.,-,,,. .r.. •.,hereby certify that the foregoing is a true copy of: ft:�r7r_ 1. Ordinance Pa. ti-l! and +� • 9 Development Order $$-2/Resolution SS-300 •1 1 : .4, • bhicb was adopted by the Board of County Commissioners on the • " , ,, 13th day of December. 108$. during Regular lession. • � b. . :.. , LA' 4` NI?fS$ my hand and the official seal of the Board of �'r County Commissioners of Collier County. Florida. this 20th ; i ti ;; .: day of December. 19is. •.` JAMES C. OIL= _ f • • Clerk of Courts and Clerk ....XIII: ,, gm-officio to Board of 't,' • yCoounnty Comaissi aero . . :', • . Sys Maureen ex n on f , . . ; Deputy Clerk • . ' .• •- - i ' • -1',3:. ,. �).it,. � 033 mv.i� t.; i • 4 r i , : \ • f Page 76 of 91 - --- DE EXHIBIT C Page 77 of 91 ._._.,.. . . . , or• 1411 ss i;aAEl 4� iF° 11b'R , e 1 I ! a i€1y ppi_ _ i a ai Fa i i 'i=1p i i 1 iII€i !!j ', !; d 4 '] i � ! •1iia �o !� 1 ill a I_iihi ilg = p b�� 6 epi € 1 i 11. : laia> b� iIIII 11 11111l ==11C 11i 1 6I111iQ 1s1 th 1101011 1Lai °il°g 1 R": 1i 9i1 W'61 _ ii hIl 10 it 1a1 X14 t 11 11 �, i 496 1 I ,,i,, ;g 1� 4 � � die '� � ° II 1111 gi i iii IIII O • • , Q .w� Ili Q R. 1 !Owl I 1 >'= 1iIi : rn • f 91 1 ;1 P 11 @ -o "1 NJ,Oil of ili o C'1 = gii OP oI 1 I =a ° 0 °` , ._ c. . o H I Gtr' ,.,. Z rn , . i P X L.., G? 7 n 1. � ,+.. 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C) tN 2 0 L E t• PI c O 4 !, I-2-7 0 x:1 Z X 9 0 1 ".... , t 'KJ I OS 56N ' 1 DE I ,QN EXHIBIT E Page 82 of 91 ATTORNEY'S AFFIDAVIT BEFORE ME,the undersigned authority, personally on this lef‘day of September,2015,appeared ROGER B.RICE, who to me is well known,and having been sworn and under oath,deposes and states: 1. My name is ROGER IL RICE I am over the age of twenty-one (21) years, and otherwise sui furls, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney,Florida Bar Number 0752444,authorized to practice in the State of Florida.My business address is:9010 Strada Stell Court,Suite 207,Naples,Collier County,Florida 34109.My business telephone number is: (239) 593-1002.My business mailing address is:9010 Strada Stell Court,#207,Naples,Florida 34109. 3. This Affidavit is given in support of a Compatibility Use Determination for self-storage on Lots 10, 11 and 12 of City Gate Commerce Center, Phase One, as set forth in the Plat of City Gate Commerce Center, Phase One, recorded in Plat Book 41,Pages 6-7,Public Records of Collier County,Florida("Property"). 4. CITYGATE DEVELOPMENT,LLC,a Florida limited liability company,("Owner")own the Property. 5. The Affiant has examined company records of CITYGATE DEVELOPMENT, LLC through September 4,2015,including but not limited to,operating agreements,articles of organization,resolutions and company records of members,if any. 6. The CITYGATE DEVELOPMENT,LLC is organized,existing and in good standing under the laws of the Stade of Florida. 7. The Operating Agreement of the CITYGATE DEVELOPMENT,LLC provides that officers of the company may be designated. 8. Joseph R.Weber has been appointed as Vice President of the CITYGATE DEVELOPMENT, LLC and has full power and authority, in his capacity as Vice President, t to execute any and all documents necessary to effectuate an application for a Compatibility Use Determination on behalf of said CITYGATE DEVELOPMENT,LLC. 9. Affiant further states that tlx information contained in this Affidavit is, to tlx best of his knowledge,time,correct and current as of the date this Affidavit is given,except as otherwise provided herein. Witnesses: t itne #1g / RO R B.RICE, Esquire Print name of witness#1 • Witness#2 G 06..v . /(AC Jt Print name of witness#2 STATE OF FLORIDA COUN I YOFCOLLIER SUBSCRIBED AND SWORN to before me this 4 qday of September,2015,by ROGER B.RICE,who is personally known to me. • , '� .411 � O:i NOTARY II IC Notary . Ito STATE OF MAMAMy Commission Expires: 5—AP/02-017 Roger B.Rice,Esq. INSTR 5142115 OR 5168 PG 3989 RECORDED 6/29/2015 4:06 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 578.00 FIRST AMENDMENT TO DEVELOPER AGREEMENT City Gate THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this +t3 of -3..•..v,e.. , 2015, by and between Citygate Development, LLC, 850 NWN, LLC and CG II, LLC, Florida limited liability companies (hereinafter collectively referred to as the "Developer"), with an address at 159 South Main Street, Suite 500, Akron, Ohio 44308, and Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County"). JLECITALS: WHEREAS, on December 13, 1988, the Board of County Commissioners of Collier County (BCC) adopted both Development of Regional Impact Development Order No. 88-2, which has been subsequently amended . ---'•. - referred to as the "DRI Development Order"),and Ordinance No. 88-93, •'o l i e•R 1►4 N. ent from"A-2"—Agriculture to "PUD"—Planned Unit Develop i ciii 0 . •evelopm • - li own as City Gate Commerce Park(the"PUD");and C! WHEREAS, the De elo, ." • _ • 1 • -•• into •• I veloper Agreement dated December 1,2009, which is k ••-:� 0 - •• - s pages 640 through 704 in the Official Records of Coll • �ty, • o441S1.).6. -r / .• WHEREAS,at its A r12 meeting, T' • '.,- Developer Agreement,the Board of County Commissicognized that the •)_ ••- . • • paid the road impact fees then due,and directed that a ntCertificate of _i• • ., .4• Adequacy be issued for the land uses authorized in the P ; - IC n . at;and "k5S.1 WHEREAS, Developers w. . : ,r• ..• •,(7,-" .• • e County that they continue to have full ownership or control with respect to all .• •ons of the land within the PUD which are the subject of this Agreement;and WHEREAS,that it is found and determined that there is no PUD transportation condition or Transportation Conditions for the buildout that has not been satisfied, or would not be satisfied by Developer's compliance with its obligations under this Amendment;and WHEREAS,the parties wish to amend the Developer Agreement as set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. OR 5168 PG 3990 2. County, at its sole cost and expense, will design, permit, provide CEI, construct and otherwise extend City Gate Boulevard North from the current terminus to the eastern property line of the City Gate DRI/PUD and the western property line of the County's adjacent property, with the typical section as approved in attached Exhibit 1. Developer will assist the County with obtaining all necessary permits by providing the County at County's request with all available support documentation.Further, in order to add the access point to the existing PUD or the DRI Development Order, County will be responsible to fund, process and obtain all necessary development orders to include,but not limited to,any PUD,DRI Development Order, South Florida Management District,Department of Environmental Protection(DEP)or any other agencies changes, as needed, to add this access point. This road will be used to access the Resource Recovery Park and up to forty acres of essential services in the northern portion of the adjacent 305 acre parcel owned by Collier County. The road will be gated until needed by the County at the eastern end on the County's side of the property line,and no additional traffic will be allowed to use the City Gate North Boulevard until the connection is made to the Wilson Boulevard-Benfield Road Extension. A te.• •, ' around will be provided in front of the gate. %,VV.R OUV?` 3. Developer shall . ' street lights when •1 the adjacent property. The County will have street lighti d _. -• • e exten ion o • Boulevard North so that conduit will be installed at :4. • • • : 'oun• r e •: ' : . The County's design and construction of the extensi•n o , =1 • conduit for other future utilities and irrigation. Dev•to• r . s hen platting the adjacent property. Upon completion . : •• • •• leg • the County shall maintain City Gate Boulevard No , •m R-' to a. , except lighting and landscaping which shall be " •:'ned by the Deve`�_ •y tanding the foregoing, the County will mow the extensi• r '••t-of-way four dm ,Er first week of July, October, . January, April) until the land , : oR 5168 PG 3991 6. The County shall not refuse to issue any development permits for any uses or intensities of use authorized by the DRI Development Order/PUD within the Development on the grounds that the access points on Collier Boulevard (CR-951), as reconfigured by the County,cannot safely or operationally accommodate the traffic from such authorized use. 7. The application of Paragraphs 11 h and 11 i of the Developer Agreement shall extend to any and all future lots with frontage on City Gate Blvd.North. 8. The parties will work together in good faith should further changes to the Agreement be required to effectuate the intent of this Amendment. Except as modified herein, the remaining terms of the Agreement remain in full force and effect. This Amendment does not diminish the Vested Rights Determination previously issued by the County. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials,as o • • above written. Attest: G BOARD OF COMMISSIONERS DW49I 143.. Clerk OLLIE' CO 1 , •RIDA • '''N: * ' ,:.' -J . lb..:, ..-Art, / , A. By:';'-' ill,t .F.R.'t...fili.....Al J 0 p itt_Liiii • ....., . ,... • ... iviut, r `.. 1;. I = ani . " s , .0 Go �� Approv_ ' ., . and legali .� , Clite Jeffrey A. . 147 ,County Attorney i REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGES TO FOLLOW Page 3 of 5 OR 5168 PG 3992 AS TO DEVELOPER: Siiiied and Citygate Development,LLC • -' in the presence of: A Florida Limited Liability Company fA. L14 , .` ._ By:•, / /C (/ (. Vii-". • eph .Weber,Vice President ivw~c.c T STc•4.,v_s kb Printed Name IVLE711.114\ • Signature tie' i \1 Ti/ lc x I'l(,re,,.> . __ '� te . Prided Name -8VR C t 1 STATE OF Oh 1 p 11 �j V`� t --�' '° COUNTY OF / The foregoing instrument w - : . ,wl..,g;;It,r1,VII y of June, ,2015, by Joseph R.Weber,as Vi t . ,� � a vel. ' I,a Florida limited liability company, who is perso • •,. • or 1• p,' as identification. 'hill. A V Otis E • .1We: L4 itIA A. VO f iSc(, My Commission Expires: /13/1 9 Si ed, : ed and 850 NWN,LLC d 'v -• in the presence of: A Florida Limited Liability Company I ,,,. • By: •4 , n •ignature •seph • eber,Vice President Printed Name 1 a ' iZ ..- Signature A leA P4c&ICI-, Printed Name Page 4 of 5 OR 5168 PG 3993 �MNNM�y E s�A�p STATE OF ��l U i (,.".;.ift'S-SCI li.40 I COUNTY OF Summi44 t. f d'" sliiiN11it + The foregoing instrument was acknowled_-.'+• •;.s.:: , this 5 day of Jt&ne ,2015, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public , Print Name: 4Idoe_(f lair t$CO My Commission Expires: `t/13/1 9 Si ed and de v -a in the presence of: 11.171:11.414 . Liability Company .ik i . �, It� .,id HY t�4�t:IN.� .i1 _ ` 'J,.1 1 / ' -I' '/ , �, ,� • . ice President 1,4aire<dce, r ST , C 41 Printed Name O f, 1 OIL Signature 4 �4 :�.`, ��;� Printed Name ' `~fri'^ 41E CIRC ' 'r i l o 'waun"s� STATE OF �. C 4Mq N. COUNTY OF SU mm 1 t The foregoing instrument was acknowledged before me this 5 _day of J/4/ ,2015, by Joseph R. Weber, as Vice President of CG II, LLC,a Florida limited liability company,who is personally known to me or has produced as identification. WidiiIiiiA OCUA4S) Notary Public , Print Name: )1/4410-e.lie A . Va.i-is 60 My Commission Expires: 4/i 3/ /9 Page 5 of 5 1 DE 4PP.1! EXHIBIT F Page 84 of 91 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sian up for eBili for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000086 Acre: 2.68 Address: 121 S MAIN ST STE 500 Loc: 3841 CITY GATE BLVD N NAPLES {Mapl!GIS Address: View) Address:1 CITY GATE COMMERCE CENTER Address: Legal:1PHASE ONE Address: AKRON,011 44308-1426 1Ertm(LOT 1 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 75,556 County:13146.57 Nov: 1007435 Paid Dt: 11/26/2014 Taxable Value: 75,556 School St: 291735 Dec: 10179.49 Recpt: 81361 Millage Code: 31 School toc: 1968.25 Jan: 10284.43 Mach: 9 Homested Ex:10 City Tax: .00 Feb: 10389.38 Paymt: 10,074.55 Agricltr Ex:VJ Depends: 790.02 Mar:[10494.32 1 Mort: 0 Widow Ex: 0 Water: 271.16 Apr: .0 Blind Ex:IO Indcpend: 1,400.97 May: .0 STATUS INFO. Non Ad Va:1 N Disabled:10 Voter Appr:p.00 Von Due: 0.00 Veteran Ex: * Installment:IN Gross Tax: 10494.32 Deferred:IN Wholly Ex: 31111.. Appr fee:1.0 Bankrupt:1N Civilian Ex:10 Advertising: 0.00 TDA: 0 COMMENTS New Search Back To List 2003 Parcel Information 12004 Parcel Information 12005 Parcel Information 12006 Parcel Information 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information 12010 Parcel Information 12011 Parcel Information 12012 Parcel Information 12013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 85 of 91 Page 1 of 1 comer county rroperty appraiser Property Summary Parcel No. 26095000109 Site Adr. 3837 CITY GATE BLVD N Name/Address SOUTHERN MANAGEMENT CORP 324 SW 16TH ST City BELLE GLADE State FL Zip 33430-2824 Map No. Strap No. Section Township Range Acres *Estimated 4835 219300 241335 35 49 26 1.42 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 2 Millage Area• 31 Millage Rates 0 *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 10-VACANT COMMERCIAL 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $618,552 12/20/05 3951-3618 $1.300,000 (+) Improved Value $0 (=) Market Value $618,552 (=) Assessed Value $618,552 (_) School Taxable Value $618,552 (=) Taxable Value $618,552 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000109 9/16/2015 Page 1 of 1 collier county rroperry Appraiser Property Summary Parcel No. 26095000125 Site Adr. 3835 WHITE LAKE BLVD Name/Address URIKA ID INC 567 PARKWOOD LN City NAPLES State FL Tip 34103-8534 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 34835 35 49 26 2 Legal CITY GATE COMMERCE CENTER PHASE ONE LOTS 3&4 Milinge Area• 31 Millage Rates• *Calculations Sub/Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 11 -STORES,ONE STORY 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Saks are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $871,200 04/11/05 3771-3031 $1,605,000 (+) Improved Value $464,219 (=) Market Value $1,335,419 (_) Assessed Value $1,335,419 (=) School Taxable Value $1,335,419 (=) Taxable Value $1,335,419 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000125 9/16/2015 Page 1 of I c.omnner Lounty rroperty appraiser Property Summary Parcel No. 26095000167 Site Adr. 3827 WHITE LAKE BLVD Name/Address KINGSTOWN FAMILY TRUST I LLC 321 1ST AVE N City MINNEAPOLIS State MN Zip 55401-1609 Map No. Strap No. Section Township Range Acres *Estimated 4835 219300 54B35 35 49 26 1.1 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 5 Millage Area A 31 Millage Rates O *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code® 26 -SERVICE STATIONS 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $383,328 03/11/10 4545 4536 $703,000 (+) Improved Value $186,744 03/23/09 4441-565 $ 1,010,000 11/22/05 3934-88 $862,500 (_) Market Value $570,072 (=) Assessed Value $ 570,072 (_) School Taxable Value $570,072 (_) Taxable Value $570,072 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000167 9/16/2015 Page 1 of 1 ..oilier Lounty rroperty Appraiser Property Summary Parcel No. 26095000183 Site Adr. 3823 WHITE LAKE BLVD Name/Address TIB BANK %CAPITAL BANK ATTN:ACCOUNTING 150 ALHAMBRA CIR#700 City CORAL GABLES State FL Zip 33134 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 64B35 35 49 26 1.65 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 6 Millage Area 0 31 Millage Rates 0 *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 10-VACANT COMMERCIAL 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $718,740 01/27/06 3972-3620 $1,590,900 (+) Improved Value $0 (=) Market Value $718,740 (=) Assessed Value $718,740 (_) School Taxable Value $718,740 (_) Taxable Value $718,740 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000183 9/16/2015 Loiiier county rroperty appraiser Page 1 of 1 Property Summary Parcel No. 26095000206 Site Adr. 3819 WHITE LAKE BLVD Name/Address RAI RESTAURANTS INC 450 S ORANGE AVE City ORLANDO State FL Zip 32801-3383 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 74B35 35 49 26 1.88 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 7 Millage Area• 31 Millage Rates• *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 10 -VACANT COMMERCIAL 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $818,928 12/28/06 4161-1928 $1,833,600 (+) Improved Value $0 02/21/06 3985-3420 S 0 i=) Market Value $818,928 (_) Assessed Value $818,928 (=) School Taxable Value $818,928 (=) Taxable Value $818,928 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000206 9/16/2015 cower county rroperty Page 1 of 1 p RY pprauser Property Summary Parcel No. 26095000222 Site Adr. 3815 WHITE LAKE BLVD Name/AddressRAI RESTAURANTS INC 450 S ORANGE AVE 10TH FL City ORLANDO State FL Zip 32801-3383 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 84B35 35 49 26 1.74 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 8 Millage Area• 31 Mllage Rates• *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code• 10-VACANT COMMERCIAL 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $606,355 08/14/07 4270-1462 $1,515,900 (+) Improved Value $0 02/21/06 3985-3420 $0 (=) Market Value $606,355 (_) Assessed Value $606,355 (_) School Taxable Value $606,355 (_) Taxable Value $606,355 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000222 9/16/2015 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sian up for eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000248 Acre: 1.67 Address: 121 S MAIN ST STE 500 3811 WHITE LAKE BLVD NAPLES Nap;(GIS Loc: N'iewj Address: Address: ennICITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address:(AKRON,OH 44308-1426 LOT 9 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 581,962 County: 2091.45 Nov:16696.32 I Paid Dt:1 11/26i2014 Taxable Value: 581,962 School St: 1939.10 Dec:16766.07 Recpt: 81360 Millage Code: 31 School loc: 1308.25 Jan:16835.82 Mach:19 Homested Ex: 0 City Tax: 0.00 Feb:16905.58 Paymt: 6,69632 Agricltr Ex: 0 Dependt: 525.10 Mar: 6975.33 Mort: 0 Widow Ed MNWater 180.24 Apr:1.0 STATUS INFO. Blind Ex:10 Independ: 931.19 May:1.0 Disabled:10 Voter Appr: 0.00 Now Due:1(11(1.01).0Non Ad Va:(! Veteran Ex: 0 Installment: N *Gross Tax: 6975.33 Deferred:1N Wholly Ex:J 0 Appr fee: .0 Civilian Ex: i Bankrupt:IN Advertising: 0.00 1 DA: 1) COMMENTS New Search Back To List 2003 Parcel Information 12004 Parcel Information 12005 Parcel Information 12006 Parcel Information 12007 Parcel Information I 2008 Parcel Information 12009 Parcel Information 12010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Information 1 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 86 of 91 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sixn up for eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000264 Acre: 1.64 Address: 121 S MAIN ST STE 500 3807 WHITE LAKE BLVD NAPLES :Map)(GES Loc: ♦'iewi Address: Address: CITY GATE COMMERCE CENTER Address: [Legal: PHASE ONE Address: AKRON,OH 44308-1426 am LOT 10 Mil I VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 571,507 County:12053.89 Nov:16576.04 Paid Dt:)11/26,'2014 1 Taxable Value:1 571,507 School St: 1904.26 Dee: =1111 Recpt: 81359 Millage Code:(31 School loc: 1284.75 Jan:16713.04 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb: ME= Paymt: 6,576.04 Agricltr Ex:IO Dependt: 515.67 Mar:16850.04 Mort: 0 Widow Ex: N Water: 177.00 Apr:1.0 Blind Ex: lndepend: 914.47 May:1.0 STATUS INFO. Disabled: 0 Voter Appr: 0.00 Now Due: 1.00 Non Ad Va:(N Veteran Ex: 0 * Installment: N Gross Tax: 6850.04 Wholly Ex: 0Deferred: N Appr fee: .0 Civilian Ex: 0 Bankrupt: N Advertising: 0.00 TDA: t1 COMMENTS New Search Back To List 2003 Parcel Information 12004 Parcel Information 12005 Parcel Information 12006 Parcel Information I 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information I 2010 Parcel Information 12011 Parcel Information 12012 Parcel Information ( 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 87 of 91 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sign up for eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000280 Acre: 1.50 Address: 121 S MAIN ST STE 500 0111_01Loc: 3803 WHITE LAKE BLVD NAPLES 0111_01�(GIS Address: ti icy Address: laral CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: LOT 11 13 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT LNFO Market Value: 522,720 County: 1878.56 Nov:16014.65 Paid Dt: 11/26/2014 Taxable Value: 522,720 School St: 1741.70 Dec: 177.30 Recpt: 81358 Millage Code: 31 School loc: 1175.07 Jan:16139.95 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb:16202.61 Paymt: 6,014.65 Agricltr Ex: 0 Dependt: 471.65 Mar: 6265.26 Mort: 0 Widow Ex: 0 Water: 161.88 Apr:1.0 STATUS INFO. Blind Ex: 0 Independ: 836.40 May: .0 Disabled: [ Voter Appr: 0.00 Now Due:10.00 Non Ad Va: N Installment: N Veteran Ex: 0 *Gross Tax: 6265.26 Deferred: N Wholly Ex: Appr fee: .0 Civilian Ex: 0 Bankrupt: N Advertising: 0.00 TDA: 0 COMMENTS * New Search Back To List 2003 Parcel Information I 2004 Parcel Information 12005 Parcel Information 12005 Parcel Information I 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information 12010 Parcel Information 1 2011 Parcel Information I 2012 Parcel Information 1 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 90 of 91 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sign up for eBill for an electronic,paperless tax bill in 2015. OWER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000303 Acre:] 1.19 Address: 121 S MAIN ST STE 500 La: 3799 WHITE LAKE BLVD NAPLES 131aPi JGIS Address: 1e a Address: irn CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: LOT 12 ECM VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 388,773 County: 1397.17 Nov:14473.40 Paid Dt: 11/26/2014 Taxable Value: 388,773 School St: 1295.39 Dec: 4520.00 Recpt: 81357 Millage Code: 31 School loc: 873.96 Jan: 4566.59 !Mach: 9 Homested Ex: AM City Tax: 0.00 Feb:14613.19 Paymt:14,473.40 Agricltr Ex: MEE Dependti 350.79 Mar:14659.79 Mort: 0 Widow Ex:10 Water: 120.40 Apr:1.0 Blind Ex: =MI Independ: 622.08 May:1.0 STATUS IN FO. Disabled: MM. Voter Appr: 0.00 Now Due:10.00 Non Ad Va:rY Veteran Ex: 0-1Installment: N *Gross Tax: 4659.79 Wholly Ex:10 A r fee: .0 Deferred: N Pp Bankrupt: N Civilian Ex:10 Advertising: 0.00 I'D A: 0 COMMENTS New Search Back To List 2003 Parcel Information 12004 Parcel Information 12005 Parcel Information 12006 Parcel Information I 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information 12010 Parcel Information 12011 Parcel Information 12012 Parcel Information 12013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 91 of 91 Page 1 of 1 Loauier county rroperty appraiser Property Summary Parcel No. 26095000387 Site Adr. 3798 WHITE LAKE BLVD Name/Address CHM NAPLES HOTEL PRTNERS LLC %CHARTWELL HOSPITALITY 2000 MERIDIAN BLVD STE 200 City FRANKLIN State TN Trp 37067-6361 Map No. Strap No. Section Township Range Acres *Estimated 4635 219300 1641335 35 49 26 4.55 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 16 Millage Area O 31 Millage Rates i *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 39 - HOTELS, MOTELS 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $966,215 10/05/06 4116-4107 $2,050,000 (+) Improved Value P $4,795,023 (=) Market Value $5,761,238 (-) 10%Cap 3127,431 (=) Assessed Value $5,633,807 (=) School Taxable Value $5,761,238 (=) Taxable Value $5,633,807 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.cam/main_search/Recorddetail.html?Map=No&FolioNum=26095000387 9/16/2015 coiner county rroperty appraiser Page 1 of l Property Summary Parcel No. 26095000374 Site Adr. 3808 WHITE LAKE BLVD Name/Address CHM NAPLES II HOTEL PRTNRS LLC %CHARTWELL HOSPITALITY 2000 MERIDIAN BLVD STE 200 City FRANKLIN State TN 23p 37067-6361 Map No. Strap No. Section Township Range Acres *Estimated 4B35 21930015.14B35 35 49 26 3.06 CITY GATE COMMERCE CENTER PHASE ONE EASTERLY PORTION OF LOT 15(AKA LOT 158)DESC AS: COMM NWLY CNR TRACT"A"OF SAID PLAT, S ODEG W ALG W U TRACT"A" 154.32FT TO NWLY Legal CNR LOT 15,CONT S ODEG W 232.31FT TO SW CNR LOT 15, N 89DEG E ALG S LI LOT 15175.01FT TO POB;CONT N 89DEG E 515.81FT TO SE CNR LOT 15, N ODEG E ALG E LI LOT 15 256.57FT TO NE CNR LOT 15,S 89DEG W ALG N U LOT 15 523.46FT,S ODEG E 256.46FT TO POB Millage Area• 31 Millage Rates• *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code• 39-HOTELS, MOTELS 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $727,621 10/05/06 4116-4083 $2,050,000 (+) Improved Value $5,439,685 (_) Market Value $6,167,306 (-) 10%Cap $471.103 (_) Assessed Value $5,696,203 (_) School Taxable Value S 6,167,306 (=) Taxable Value $5,696,203 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.cam/main_searchIRecorddetail.html?Map=No&FolioNum=26095000374 9/16/2015 Page 1 of 1 comer county rroperty Appraiser Property Summary Parcel No. 26095000361 Site Adr. 3804 WHITE LAKE BLVD Name/Address CHM NAPLES II HOTEL PRTNRS LLC %CHARTWELL HOSPITALITY 2000 MERIDIAN BLVD STE 200 City FRANKLIN State TN Zip 37067-6361 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 154835 35 49 26 1 CITY GATE COMMERCE CENTER PHASE ONE WESTERLY PORTION OF LOT 15(AKA 15A) DESC AS: COMM NWLY CNR TRACT"A" OF SAID PLAT, S ODEG W ALG W U TRACT"A" 154.32FT TO NWLY CNR LOT 15 AND THE B;CONT . T , Legal E ALG SIU LOT 15 175.POO1FT, NO ODEGS WDODEG 256W.46FTALG TOWU PTLLOT ON15 N U 232LOT31FT 15S, S 89DEGSWCNR W ALGLOT15N5 UN LOT89DEG 15 143.09FT TO BEG CURVE TO LEFT W/RADIUS 25FT,SWLY ALG CURVE 38.52FT W/CHORD BEARING 5 44DEG W TO PT ON W U LOT 15, S ODEG W ALG W U 232.31FT TO POB Millage Area• 31 Millage Rates• *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code• 10-VACANT COMMERCIAL 5.48 6.3789 11.8589 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $284,544 10/05/06 41164083 $2,050,000 (+) Improved Value $0 (_) Market Value $284,544 (=) Assessed Value $284,544 (_) School Taxable Value $284,544 (_) Taxable Value $284,544 if all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.col lierappraiser.com/main_search/Recorddetai 1.html?Map=No&FolioNum=260950003 61 9/16/2015 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page Sian up for eBil1 for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000345 Acre: 1.16 Address; 121 S MAIN ST STE 500 Loc: 3826 WHITE LAKE BLVD NAPLES Map (GIS Address: View' Address: + Mal CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: LOT 14 Legal: VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 328,442 County: 1180.35 Nov:0779.21 Paid Dt: 11/26/2014 Taxable Value: 328,442 School St: 1094.37 Dec:0018.58 Recpt: 81356 Millage Code: 31 School loc: 738.34 Jan: 3857.95 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb: 3897.31 Paymt: 3,779.21 Agriclir Ex: 0 Depends: 296.36 Mar: 3936.68 Mort:10 Widow Ex: 0 Water: 101.72 Apr: .0 STATUS INFO. Blind Ex:10 Independ: 525.54 May:1.0 Disabled: MN Voter Appr: 0.00 Now Due:11.00 Non Ad Va: VeteranL Installment: N Ex: * Gross Tax: 3936.60 Deferred: N Wholly Ex: 0 Aper fee: .0 h Civilian Ex: 0 Bankrupt:IN Advertising: 0.00 TD,4: 0 COMMENTS New Search Back To List 2003 Parcel Information 12004 Parcel Information 12005 Parcel Information 12006 Parcel Information I 2007 Parcel Information 12008 Parcel Information 12009 Parcel Information ( 2010. Parcel Information 12011 Parcel Information I 2012 Parcel Information 12013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 89 of 91 Collier County Tax Collector 3291 Tamiami Trail East, Naples FL 34112 2014 Tax Roll Inquiry System Print this page I Print Tax Bill Sign on for eBi11 for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION I Name:IICITYGATE DEVELOPMENT LLC 1 Parcel:126095000329 Acre: 1.02 Address:11219 S MAIN ST STE 500 Loc: 3836 WHITE LAKE BLVD NAPLES 1Manl£GIS Address:1 iewi Address:1 Erin CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address:(AKRON,OH 44308-0000 Legal: LOT 13 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 288,803 1 County: 1037.90 ( Nov:13323.10 Paid Dt: 00/0010000 Taxable Value: 288,803 School St: 962.29 Dec:13357.71 Recpt: 0 Millage Code:131 School loc: 649.23 Jan:13392.33 Mach: 0 Homested Ex: 0 City Tax: 0.00 Feb: 3426.94 Paymt: 0.00 Agrlcitr Ex: 31.11111. Dependt: 260.59 1 Mar 13461.56 Mort: 0 Widow Ex: 0 Water: 89.44 Apr:10 STATUS INFO. Blind Ex: 0 Independ: 462.11 May:1.0 Non Ad Va: N Disabled: 0 Voter Appr: 0.00 Now Due:13426.94 Veteran Ex: 0 *Gross Tax: 3461.56 Pa,.Current Taxes Online Installment: N Deferred: N 1 Wholly Ex:10 ( Appr fee:1A Bankrupt:IN Civilian Ex: 0 Advertising: 0.00 flit TDA:10 fry".. COMMENTS New Search Back To List 2003 Parcel Information I 2004 Parcel Information 12005 Parcel Information I 2006 Parcel Information 12007 Parcel Information 1 2008 Parcel Information I 200 Parcel Information 12010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Information I 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 88 of 91 " _ „. . 1101erc '" ' ORDINANCE pp-. 93 AN ORDINANCE AMENDING ORDINANCE 82-2 JAN 4 aft THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER S.W. FLORIDA REG FLORIDACOUNTY, BY AMENDINGIOrAL ATLAS MAP NUMBER497 BY CHANGINGTHEp I THE nu It ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "CITY GATE COMMERCE PARK" FOR MIXED USES NON-RESIDENTIAL, COMMERCIAL/INDUSTRIAL/ OFFICE/RELATED SERVICES FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF I-75 AND C.R. 951, 287.187 + ACRES, IN SECTION 35, TOWNSHIP 49 SOUTH,, RANGE 26 EAST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William R. Vines of Vines and Associates, Inc., 1 representing Citizens and Southern Trust Company (Florida) National Association, Naples, Florida as Trustee under Land Trust /5360, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the hereinafter described • real property is changed from A-2 Agriculture to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-26-7, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: December 13, 1988 BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA �TTEST: ':•:� BY.I ' JAMES C. GILES, CLERK B RT L. SAUNDERS, CHAIRMAN .C, APPBOVED.AS.7iO FORM AND LEGAL SUFFICIENCY MAR .�. rn. JO IE M. STUDENT ASSISTANT COUNTY ATTORNEY • R-J7-13C Ordinance Attachment B 12-5-88 • • CITYCATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vines S Associates, Inc. 715 Tenth Street South Naples, Florida 33940 Phone: (813) 262-4154 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC:12/13/38 Ordinance Number: 88-93 INDEX SECTION PAGE • I. PROPERTY OWNERSHIP AND DESCRIPTION 1 - 6 II. PROJECT DEVELOPMENT 7 - 14 III. PROJECT DEVELOPMENT REGULATIONS 15 - 23 IV. ENVIRONMENTAL REQUIREMENTS 24 - 27 V. TRAFFIC AND ENGINEERING REQUIREMENTS 28 - 29 VI. UTILITIES REQUIREMENTS 3D - 40 VII. RED COCKADED WOODPECKER MANAGEMENT PLAN 41 - 44 ATTACHMENTS: MASTER PLAN TABLE 12.B.3. SECTION I PROPERTY OWNERSHIP AND 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 to be developed under the project name of: CITYCATE COMMERCE PARK.. 1.2. LEGAL DESCRIPTION The subject property is 287.187 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust # 5360, held by Citizens 6 Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857. Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1 HOLE, MONTES ANDASSOC., INC. HMA File No. 85.23 CONSULTING ENGINEERS-LAND SURVEYORS Sheet 9/30/86e t 1 of 2 LEGAL DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34 'and 35, North 00°29' 15" West, 1 ,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Department of Transportation Right-of-Way Map for State Road No. 93 (1-75) Sheet 8 of 10; thence along said centerline of the proposed Access Road No. 1 North 89°31'01" East, 100.00 feet to a point on the East right-of-way line of a canal , said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right-of-way line North 00029'15" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89°31 '01" East, 456.51 feet to a 4" x 4" concrete monument marking the Intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 00°47'14" East, 994.98 feet to an iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida, Power S Light Company (FPSL) right-of-way. as described in Official Records Book 681 , Page 1210, Collier County Records; thence along said Westerly FPSL right-of-way North 31030'28" East, 70.02 feet to an Iron rod; thence continuing along said Westerly FPSL right-of-way South 58°30' 03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPSL right-of-way South 00°47' 14" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPSL right-of-way South 00°47' 14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FPSL right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89°04'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 • rr1� :t: SisltiS';to �aLir� ,.yL_ - i�dfiiEat.aist':rio;�::,a:3eNrwi:.s :�l ::... =;:s::... :';va�?:: • HMA File No. 85.23 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the -West boundary line of said parcel North 00°47' 14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89°31 '01" West, 454.28 feet . to a 4" x 4" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal; thence along said canal East right-of-way North 00°29' 15" West 100.00 feet to the POINT OF BEGINNING. AND • A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: . Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15" West, 1 ,334.19 feet, thence South 04°21 '08" East, 296.92 feet, thence South 02°46'25" East, 750.60 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41°01 '29" to the end of said curve, thence South 43°47'54" East, 94.86 feet to the South line of the North half of said Section 35, thence South 89°00'01" West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North 43°47'54" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41°01'29" to the end of said curve, thence North 02°46'25" West, 750.60 feet, thence North 04°21 '08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89°31 '01•" East, 64.42 feet, thence South 04°21'08" East, 378.34 feet, thence South 02°46'25" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of .266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41°01 '29" to the end of said curve, thence South 43°47'54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00'01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287. 187 acres, more or less. 3 HOLE. MONTES & ASSOCIATES, INC. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The 287.187 acre tract lies in the northeast quadrant of the I 1-75/ CR 951 interchange. The property is bounded on the west by CR 951 and on the north by the Golden Gate Canal. B. The property is zoned A-2 Agricultural, proposed to be rezoned to PUD- Planned Unit Development. The property lies in the Collier County Water Sewer District. 1.5. PHYSICAL DESCRIPTION ill The property elevation ranges from about 10.3 feet to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Soil types on the property include Arzell, Keri, and Pompano Fine Sand. Water management for the Citygate Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Gate Canal through a single control structure. I ' 4 1.6. STATEMENT OF COMPLIANCE Development of Citygate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the Citygate project is Policy "D" of Objective 3: OBJECTIVE 3 An appropriate mix of land uses to provide for the present and future needs of Collier County. D. Guide economic development to encourage a diversification of the county's economic base and to meet the employment needs of present and future residents. Compliance with the Comprehensive Plan rests on the following factors: 1. The Citygate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 2. The planned land use mix conforms to the Future Land Use Map. 5 • 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. 5. The project will be served by a complete range of services and facilities. 6 SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2. GENERAL A. Citygate Commerce Park is planned as a mixed use, non- ' residential, commercial!industrial/office!related services project. The uses on some, if not all, of the sites nearest CR 951 west of the F.P. & L. easement will provide a variety of commercial services to highway travelers, with a special emphasis on the provision of service to interstate travelers. The remainder of the sites, both east and west of the F.P. S L. easement, will be utilized by commercial and industrial firms associated with technological research, • product development, light manufacturing, storage and distribution, offices and a wide variety of utilitarian and commercial support businesses. It is anticipated that some of the Citygate land uses will be linked with educational 7 ... . �J. •'�.Yf.F6"•iy 4.,.Y!I.tY.rt/RiVi.:w t.• institutions. Citygate Commerce Park will provide sites which accommodate a variety of entrepreneurial activities in a physical setting which is spacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of Citygate is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. B. Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance. • 8 I I • 2.3. PROJECT PLAN A. The Master Development Plan for the project is indicated on Map (H) of the Application for Development Approval and is an Integral part of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: Land Use Acres Streets 21 Lake 35 Common Lands 10 F.P. S L. Easement 12 • Building sites (includes wetland • preserves which must be kept as on-site natural areas) 209 Total 287 • i Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. B. In addition to the plan elements shown on the Master Development Plan, such easements and rights-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. 9 • • C. The Master Development Plan is also the Subdivision Master Plan. 2.4. MAXIMUM DEVELOPMENT INTENSITY Development intensity permitted within Citygate Commerce Park shall be limited to the amount of building development, number of employees, and number of parking spaces set forth in Table 12.B.3., reproduced from the Citygate Commerce Park A.D.A.,and attached at the rear of this document. The amount of building development devoted to the various land uses which will occupy --' the project may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development indicated by A.D.A. Table 12.B.3. may not be exceeded. 2.5. PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan Indicates the basic nature of development permitted for the project as a whole, consisting of a road network, a centrally located lake, a system of pedestrian ways, a lake front amenity site and corridors of development sites along which individual development parcels will be established. Installation of required streets, 10 • utilities, etc. may occur either in the entirety, or in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations and all. other applicable standards and regulations. County staff approval of detailed development plans must be obtained prior to the construction of project infrastructure. B. SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to issuance of building permits for a structure or • structures on any development site, Site Development Plan approval must be obtained in accord with Section 10.5 of the County Zoning Ordinance. The Site Development Plan must be in substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time to time. In addition to the listed concerns of Section 10.5, the Site Development Plan review and approval process shall include consideration of architectural design quality and building materials suitability as those matters relate to the development quality commitments set forth in Section 2.2.A. of this document. 11 • • C. RECORD PLAT APPROVAL REQUIREMENTS Prior to recording the record plat, final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A. Article X, Section 16: Sidewalks shall be required as shown on the approved Master Development Plan, on at least one side of the existing access road when it is reconstructed as required by 5.2.8., and on at least one side of all internal project streets. B. Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. 12 C. Article XI, Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments are installed in accord with state standards and in a manner approved by the County Engineer. D. Article XI, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. 2.7. STREETS TO BE PRIVATE All platted streets within the project shall be the common property of the project landowners. 2.8. IMPACT FEES The Citygate Commerce Park project shall be subject to all impact fees applicable to it at the time of project approval. In the event future impact fees are adopted to assist with various public service facility financing, such fees shall be applicable to the Citygate Commerce Park project in accord with the terms of the ordinances which impose the fees. I � 13 • • 2.9 FIRE STATION SITE • Citygate Commerce Park representatives shall confer with appropriate Golden Cate Fire Control and Rescue District representatives regarding the need for an additional fire station site in the vicinity of the I-75/CR 951 Interchange. In the event that the Golden Gate Fire Control and Rescue District determines that a fire station site is appropriate on the Citygate property, the Citygate Commerce Park developer or successor(s) in title shall make the selected fire station site available, and shall contribute to its cost on a fair share • basis. 2.10.P.U.D. DOCUMENT COMPLIANCE . Responsibility for compliance with the terms of this PUD document, the DRI Development Order and all other applicable ' public regulatory requirements shall initially be that of the project developer or his successor(s) in title. Prior to the developer or his successor(s) in title being relieved of this . . . .responsibility, a project management entity shall be established and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, common open space, streets, etc. • • • 14 SECTION 1I1 PROJECT DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of this Section is to set forth the development regulations applicable to the Citygate Commerce Park project. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: WEST OF THE FLORIDA POWER & LICHT EASEMENT: 1. One gasoline service station or fuel dispensing facility • 2. Hotels or motels including integral cocktail lounges 3. Retail sales and personal sales saless businesses vfhich are i5 • travelers and/or the Citygate Commerce Park market. Retail sales facilities shall not include shopping center type uses which would generate substantial trade from the residential neighborhoods In the vicinity. EAST OF THE FLORIDA POWER E LICHT EASEMENT: 1. Light manufacturing and/or processing 2. Research, testing, product development 3. Service and repair businesses 4. Showrooms and sales centers in association with permitted uses • 5. Storage and distribution uses 6. Publishing, reproduction, communications 7. Retail sales and personal service businesses which are designed and operated to primarily serve the Citygate Commerce Park market 16 • BOTH EAST AND WEST OF THE FLORIDA POWER C LIGHT EASEMENT: 1. Restaurants, including fast food restaurants 2. Utilitarian, recreational, educational, and medical uses and services 3. Business and professional offices; financial institutions 4. Any other use which is determined by the Planning/ Zoning Director to be comparable and/or compatible with the the listed permitted uses. B. Accessory Uses: • 1. Accessory uses and structures which are customarily associated with the permitted uses 2. Project sales and administrative offices and facilities 3. Signs as permitted by the Collier County Zoning Ordinance in effect at the time of application for the sign permit 17 ..........,_.. n..<_ rr 4. Caretaker's residence subject to Section 8.140 of the Zoning Ordinance 5. A perimeter security fence and/or wall, not to exceed 8 feet in height 6. Temporary sewage treatment facilities in the area so indicated on the project Master Development Plan. Such temporary facilities may serve the project until public or other county approved off site sewerage service is available. The temporary sewage treatment plant and all associated facilities shall be set back a minimum of 50 feet from the boundaries of the tract which it occupies. 7. Material which is excavated during construction of the lake which exceeds In amount the material required for development of the project may be removed from the project. Approval from the County Engineer and the Planning/Zoning Director shall be required to assure no negative impacts on surrounding lands or on impacted roads. Mitigation measures may be required if deemed appropriate and necessary by the County Engineer and/or Planning/Zoning Director. •18 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F.P. & L. easement: 1 acre East of F.P. S L. easement: 2 acres B. Minimum Parcel Width: West of F.P. & L. easement: 150 feet East of F.P. & L. easement: 200 feet C. Minimum Yards: West of F.P. S L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned. in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F.P. S L. easement: Front yard- 50 feet Rear yard- 50 feet Side yard- 25 feet, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. • 19 In those instances where multiple buildings are to occur on a single site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site multiple building separation adequacy shall be determined during the SDP approval process. No more than 20% of required yards may be devoted to vehicular drives and parking spaces. D. Minimum On Site Natural and/or Installed Landscape Area: West of F.P. Fy L. easement: 20% of gross site area East of F.P. S L. easement: 30% of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds and other water features, walks, terraces, courtyards and other pedestrian spaces when such non-botanical features do not exceed 15% of the required area. E. Maximum Building Height: • Hotels, motels and office buildings: 5 stories, except that such uses which are closer than 350 feet to the Golden Gate Canal may not exceed 3 stories. All other uses: 3 stories 20 • Taller buildings may be authorized upon application, following advertised public hearings with due public notice by the Collier County Planning Commission and the Board of County Commissioners, a recommendation by the Collier County Planning Commission, and approval by the Board of County Commissioners. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, that the taller building will not depreciate the intended character and quality of the overall Citygate project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public welfare. F. Minimum Principal Building Floor Area: 1,000 square feet (Gasoline service stations are exempt from this standard.) C. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. H. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as not to be visible from a street right-of-way or an adjoining property. 21 I. Parking/Loading: Offstreet parking and loading spaces shall be provided in accord with the standards of the Collier County Zoning Ordinance in effect at the time of building permit application. Parking and loading facilities shall be so arranged that backing into, or out of, a street right-of- way is unnecessary. • J. Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of these performance characteristics are regulated by applicable federal, state, and/or local law, such regulations shall control. • Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all • agencies with jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, and/or local laws as may be adopted or amended from time to time. The future performance characteristics of a given land use 22 are often not predictable with accuracy at the time of building permit issuance. The above listed performance standards not only apply at the time land uses are initiated, but are continuing performance obligations, unless•overridden by applicable federal, state, and/or local law. K. Golden Cate Canal Buffer requirements: Development of sites which abut the Golden Gate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on site development plans as required by Section 2.5.B. In evaluating the buffer component of site development plans, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the character of the planned structure(s). and the presence of natural vegetation which will be left in place and which will contribute to the buffering function. At a minimum, the buffer adjacent the Golden Gate Canal shall comply with the standards of Section 8.37 of the Zoning Ordinance. The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process, and if deemed to be necessary by the Planning/Zoning Director, shall be more extensive than required by Section 8.37. 23 L. Wetland Preserve Setbacks: When all or a portion of a wetland preserve is located on a building site, no building may be located closer than 20 feet and no pavement may be closer than 10 feet to the preserve boundary. Precise determination of the preserve boundary shall occur during the Site Development Plan review and approval process. Preserve areas shown on the Master Plan shall also be shown on the Subdivision Plat, along with a notation referencing the Citygate Commerce Park PUD. 1 24 • 1 SECTION IV ENVIRONMENTAL REQUIREMENTS 4.1. PURPOSE The purpose of this Section is to set forth the stipulations by the Environmental Advisory Council. The development of the project shall be subject to these stipulations: 4.2. DEVELOPER REQUIREMENTS A. The developer shall be subject to Ordinance 75-21 (or the tree/ vegetation removal ordinance In existence at the time ' of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 25 • .":::. B. Native species shall be utilized. where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be Implemented to prevent reinvasion of the site by such exotic species. The maintenance plan,which describes control techniques and inspection intervals shall be submitted to and approved by the Natural Resources Management Department and the Community Development Division. • D. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. 26 •c `; •' As1N'•i•."+4..'iy►iiLS1/4..,,iftr.xsiY[.'.':' • Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to construction activities. E. Prior to development in surrounding areas, wetland preserve areas will be flagged by the petitioner. Wetland boundaries will be subject to the review and approval of NRMD. F. To increase lake productivity and habitat values, lake side slopes will be 4:1 out to a depth of 3' from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species (upon request, NRMD can provide pertinent information concerning plant species). • C. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillata), water hyacinth (Eichhornia crassipes), and • • 27 � i (to a lesser degree) cattails (Typha latifolia); this program will be subject to the review and approval of NRMD. H. A survey for the presence and distribution of the protected Red Cockaded Woodpecker (Picoides borealis) must be conducted by qualified personnel subject to approval by NRMD. Results of the survey must be made available to NRMD. Management plans shall be submitted for review and approval to the U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission and NRMD. If necessary, the project design and PUD Master Development Plan shall be adjusted to insure the survival of the protected species. I. Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/ or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (Sabal palmetto), and butterfly orchids IEncyclia tampensis). J. Due to the concern of the use/generation of hazardous • substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. 28 i SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS 5.1. PURPOSE The purpose of this Section is to set forth the traffic improvement requirements which the project developer must undertake as an integral part of the project development. 5.2. DEVELOPER REQUIREMENTS A. Access to this site from CR 951 may present design problems due to the limited distance between Golden Gate Canal and the limited access right-of-way for 1-75. Access drives onto CR 951 shall be limited to the existing one which aligns with the water treatment plant access drive'and one additional which may be located north of the existing access drive. B. The existing access road which extends southerly from CR 951 and then easterly parallel to 1-75 shall be reconstructed to a minimum four lane divided roadway from the CR 951 intersection to the southwest corner of the Citygate property at such time as traffic volumes on the road link warrants the four !ening. In the event that a significant 29 . I • • 1 � TIMES ASSOCIATES.ATES.NIC- LAND PLANNER,ER,M J SCT COORDINATOR HOLE,MONTES A ASSOCIATES,INC. CML ENGINEENS MISSIMER i ASSOPATES,INC. HYDROLOGICAL ENGINEERS BARR,DUNLOP S ASSDPATEA INC. TRAFFIC ENGINEERS KENN L ERRM t ECOLOGIST . Asem. Iti ' ill izz% , . • C . • r, {J 11/1.A1— IST COLLIER COY T REGIONAL •\ �� _• �_ J 4 WATlR TREA ENT PLANT 517E • / J� _ bid 4 • fA.A�TRANSMISSION LINE EASEMENT I. sawess • :'.::11I;;;;;%. TREATMENT• T`\�E 4 Z , ter. ?�\�\ �.� Q`�"O a 1 C d—.4 3 V- r v fO � 1L'- .. i. L mA „ .. Q o % 4 m ' • c r'S A m s o- d o ti. . •o` ; o z ri „ Z p�� m k ec, _ t 1 _W . F ... , m Z 1' ' 2 i• t P m `1J _ ^ '. R �� • SEI m %, 4 - -` X11 , ` ,; co • R a I . Y to ,iir. . 11 D i r ` ` u x "0 m. - _ . ” ' d Z sr _ --i b�r�. r u .� P• 1 3 R° -\ P of $ �� i • F. Traffic signals shall be installed at CR 951 access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The Citygate project shall pay a fair share portion of the signal installation.costs. G. The above improvements are consisered "site related" as defined by Ordinance 85-55 and shall not be applied as credits toward any impactfees required by that ordinance. H. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed constructin in accordance with the submttited plans is granted by the County Engineer. I. An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 31 SECTION VI UTILITIES REQUIREMENTS • 6.1. PURPOSE The purpose of this Section is to set forth the potable water, irrigation water, and sewer utilities requirements which the project developer is committed to meet. 6.2. DEVELOPER REQUIREMENTS A. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County fir ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and 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. Upon completion of construction of the water and sewer 32 • • 11 • • facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission 'facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. C. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project 33 • • until the County's off-site water and/or sewer facilities are available to serve the project. D. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or Interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. . E. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: 1. The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal 34 • standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facillty(ies) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. 2. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable,in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. 3. Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of 35 I ' connection shall Include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection I s), etc. L • At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: a. All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, b. All water and sewer facilities required to connect with the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private 36 property and not required by the County to be located within utility easements, including but not limited to the following: 1. Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; 2. Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. 5. The customers served on an interim basis by the utility .system constructed by the Developer shall become customers of the County at the time when County off- site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer 37 1 • shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 6. All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. 7. The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time -of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. 8. The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and 38 1 • operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. F. Data required under County Ordinance No. 80-112 showing the • availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy.of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. . C. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at • a rate approved by the appropriate Fire Control District servicing the project area. � I 39 4::,,i, j H. Construction and ownership of the water and sewer ,,'" facilities. including any proposed interim water and/or SL sewage treatment facilities, shall be in compliance with all ' ;- Utilities Division Standards, Policies. Ordinances. , Practices. etc. In effect at the time construction approval •'' - is requested. i 1' 4,y: I. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems r to serve the project must be submitted with the constriction 6 t documents for the project. The reports shall list all i . i design assumptions, demand rates and other factors pertinent t i n to the system under the consideration. r , ?.x`` J. When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or y F ;m successors will be responsible to connect to these I ,,' facilities at a point to be established by the County. with , the Developer assuming all costs for the connection work to '-b'. ^ be performed. e.;. iC. The County has not yet determined whether the Citygste .,,,,,z,1:":-44‘'14 ' s. project will be designated as a treated sewage effluent I ;`+ receiving area. Prior to preparation of definitive central t lir; 4. ' �... I , '. wet 033 PA:1124 #:.e 40 .4 I',, �;. ,r "i . 4, Y• ... • 1 irrigation plans for the Citygate project, appropriate input shall be obtained from the county to Insure that applicable county effluent use plans are complied with. If and when the county designates the Citygate project as a treated sewage effluent receiving area, the Citygate Developer, his assigns or successors, shall construct the necessary facilities for use of the treated sewage effluent for irrigation purposes and potentially for fire flow purposes. The Citygate developer may be assigned responsibility for providing all required piping and pumping facilities from the County's point of delivery to the project, and may be required to provide wet weather storage facilities, as required by DER, consistent with the volume of treated effluent to be utilized. The treated effluent distribution system, if required, shall be constructed pursuant to the • findings of a detailed, county approved hydraulic design • report. The report shall list all design assumptions, demand rates, and other factors pertinent to the distribution system. Treated effluent supplied to the project will be subject to the county's established rate schedule. L. Priorto approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida-Statutes, that the Florida Public 41 • I • ., . • Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project, if an interim treatment facility is required, until the County can provide these services through its water and sewer facilities. M. No septic tanks are permitted to serve permanent commercial, industrial, or similar uses. Temporary septic tanks which serve temporary sales facilities or other temporary uses prior to the availability of central sewage treatment facilities may be utilized in accord with F.D.E.R. standards. N. Any establishment requiring a CCPHU permit must submit plans for review and approval. 0. If a vegetative barrier is placed around the package treatment plant and/or land disposal area, the ESPCD recommends that it be located in a manner so it does not affect the proper operation of the treatment process. • P. The ESPCD recommends that the petitioner locate the land application site away from any drainage ditch and/or swale that may affect the proper'! operation of the land disposal site. 42 SECTION VII RED COCKADED WOODPECKER •MANAGEMENT PLAN • The Red Cockaded Woodpecker IRCW), Piciodes Borealis, is a protected species of pine forest dwelling wildlife. During planning of the Citygate project, several Red Cockaded Woodpecker nest trees were identified on the site, and determination was made that a number of Red Cockaded Woodpeckers utilize some of the nest trees and forage on the pine forested portions of the Citygate site, as well as on adjoining off site pine forested lands. A Red Cockaded Woodpecker Management Plan was prepared, incorporated in, and approved as part of the Development of Regional Impact application. The elements of the plan have been incorporated in the Citygate Master Development -Plan and this PUD document. The central feature of the Management Plan is an agreement to defer development of a 72+ acre area which embraces the nest trees, a buffer of pine forest around the nest trees, and a corridor of pine forest which connects the nest trees to each other •. and to existing off-site pine forested lands on which the birds now forage, so long as the birds continue their existing nesting pattern. The 72+ acre interim preserve area is indicated on the Master ; Development Plan, as are the nest tree locations and 400 foot diameter circles around each nest tree. After planning of the Citygate project was initiated, a forest fire severely burned a large portion of the 43 4 Citygate site, including approximately half of the interim preserve area. Many of the pines in the burned area have died, and the Florida Forest Service advises that pine death will continue for several years. The long term impact of the forest fire on utilization of the area by Red Cockaded Woodpeckers cannot be forecast with accuracy, but annual monitoring of the birds will provide the needed information. The following management/monitoring activities are an integral part of the Red Cockaded Woodpecker Management Plan and of this PUD document: 1. Prior to issuance of construction approval for the streets, drainage facilities, utilities, etc. in a project development phase, a Red Cockaded Woodpecker survey utilizing approved methodology will be conducted to insure that the birds have not established nest cavities in the planned construction area. The survey shall occur within 60 days of the start of construction, and if it is determined that Red Cockaded Woodpecker nest cavities have been established in the construction area, determination shall be made by the agencies responsible for Red Cockaded Woodpecker protection laws as to the necessity of modifying the Red Cockaded Woodpecker Management Plan. 2. Annual Red Cockaded Woodpecker surveys utilizing approved methodology will be undertaken until five years after final • 44 buildout of the Citygate project, with results of the annual surveys to be furnished to the Florida Came and Fresh Water Fish Commission, the Southwest Florida Regional Planning Council, and Collier County within 30 days of survey completion. 3. Melaleuca and other exotic vegetation within the Red Cockaded Woodpecker preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. 4. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. 5. Pine trees having a DBH of 8 inches or more, located outside the .RCW preserve but within the required yard and buffer areas in the remainder of the site, will 'be conserved to provide additional RCW forage areas. 6. Lands within the RCW preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCW nest trees. 45 i y . 7. Underground utilities and surface drainage swales may cross the RCW preserve area. 8. The preserve area will be posted with signs which indicate that it Is an RCW preserve and that disturbance of the birds is prohibited and unlawful. 9. Proposals to modify the Citygate Red Cockaded Woodpecker Managment Plan may be submitted at any time. Such proposals shall be supported by a current survey of on-site Red Cockaded Woodpecker nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management Plan modification. The rationale for authorizing lands to be removed from the RCW preserve area may include abandonment of the nest trees by the birds - and/or a change in the character of the pine forest forage area, resulting in a loss of the habitat characteristics required by the RCW. Proposals to modify the Management Plan shall be submitted to Collier County as an amendment to the Citygate PUD, with copies to the Southwest Florida Regional Planning Council and Florida Game and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council and/or the. Florida Came and Fresh Water Fish Commission may provide comments and recommendations to Collier County regarding the proposed Management Plan modification. 45 • i;,.;,•; . . The Planning/Zoning Director shall prepare a recommendation regarding the proposed Management Plan modification; an advertised public hearing shall be held by the Board of County Commissioners; and upon a finding of suitability the Board of County Commissioners may, by a majority vote, authorize the requested Management Plan modification. The Florida Game and Fresh Water Fish Commission has recommended to the Southwest Florida Regional Planning Council that a regional plan be developed which will result in the public acquisition of geographically suitable wildlife habitat whch is comparable In amount and character to wildlife habitat which is lost to the process of urbanization within the region. Commission wildlife . . biologists have stated that approximately 233 acres of the 287 acre Citygate site have the characteristics of Red Cockaded Woodpecker habitat. The Commission wildlife biologists have stated their expectation that, upon development of the Citygate site and surrounding lands, the existing Red Cockaded Woodpecker population will abandon the area, in spite of the establishment of the Citygate Red Cockaded Woodpecker preserve area and associated Red Cockaded Woodpecker management commitments. in the event a regional wildlife habitat acquisition plan is adopted, the purpose of which is to mitigate wildlife habitat loss to urban development in the region, the Citygate project shall 47 y i • Ir 1. W W W W .. .. Y C M Cr N Cr a b N b N • E o 0 0 o g o 00 0 0 0 r OI C 12Oa 1 . a0 0 0 0 0 00 0 0 0 (!] Y N N T IIA W /0.1 N 0 0 000 > M N m N • <C 0 0 .• 01 Y Y r ,. M O in O IO en 110'1 M Al b 10 b • 0 N .. 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Ir C'S:°- W0 r 3 N ° LV .41 UY w O 10 Wr .•• .+ N • N ID = CC OC E 0 W 3 • I-. 0 z • • (3) These sales and services will primarily serve interstate highway travelers and employees or businesses within the project, as opposed to functioning as a neighborhood shopping center. (4) The office category is limited to offices which are principal uses, and does not include offices which are ancillary,to and incorporated in other land uses, i.e. administrative offices within a light • manufacturing or research and development firm.' Most of the offices will have extensive interaction with businesses external to the project, but some will primarily function as servants of other land uses within the project. • (5) Parking space and employee estimates were largely based on ITE standards and averages cited by Urban Land institute publications. definitive• When published ab ,trstestandards for a specific land useere notvailaleheeiemployee were based on published standards for the'most similar uses. The estimated employees include those who normally spend all or most of the work day within the project, i.e. office workers, sales personnel, indusfriai workers; employees who shuttle to and from their place of employment • during the work day, i.e. delivery truck crews; and employees who seldom visit the project, i.e. manufacturer's field representatives. it is anticipated that many of the uses within the project will be served by common parking pools which increase the efficiency of parking space utilization. The employees estimated for service station, hotel/motel, restaurant/lounge, and perhaps other uses will be spread over two and, in some cases, three shifts within a 24 hour period. • • • • • • t ' 1 DEVELOPMENT ORDER 88- 2 RESOLUTION 88- 309 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 'FLORIDA FOR CITYGATE COMMERCE PARK PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Vines and Associates, Agent, for Citizen's & Southern Trust Company (Florida), National Association as Trustee for Land Trust #5360 Applicant, filed on April 15, 1987 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Citygate Commerce Park Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380 Florida Statutes and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on November 3, 1988, and WHEREAS, the Board of County Commissioners has passed Ordinance 88- 93 which rezoned the subject property to PUD; and WHEREAS, Citygate Commerce Park ADA is also part of an overall rezoning application by the developer; and the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the County or State; and WHEREAS, on December 13, 1988 the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes. considered the application for Development of Regional Impact submitted by Vines and Associates, Agent; the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) ; the certified record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the comments upon the record made before this Board of County Commissioners at said meeting, hereby makes the following Findings of Facts and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in the Planned Unit Development Document for Citygate Commerce Park attached hereto as Exhibit "A" and by reference made a part hereof. 2. The application is in accordance with Section 380.06(6), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. • -2- 4. The applicant proposes the development of citygate Commerce Park Planned Unit Development for 287.187 acres which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space. 5. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06 (12), Florida Statutes. 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Comprehensive Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the land development regulations of Collier County. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN: • The project is located within the designated Urban Area by the 1983, Collier County Comprehensive Plan. The 231 acres east of the Florida Power & Light (FP&L) easement has been amended (Ordinance 88- 93 ) to an Industrial Land Use Designation. The area west of the FP&L easement (37 acres) is designated as Interchange Commercial. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled December 13, 1988, that the Citygate 'Commerce Park Application for Development Approval submitted by Vines and Associates, Agent, is hereby ordered -3- approved subject to the following conditions as recommended by the SWFRPC or in response to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: 1. DRAINAGE/WATER QUALITY: a. The control elevation for the overall surface water management system shall be based on the historical average wet season water table of this site. b. Each stage of the two-stage surface water management system shall comply with the South Florida Water Management District's "Basis of Review". c. For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous Materials Management Plan to Collier County, Florida Department of Environmental Regulation (FDER), South Florida Water Management District (SFWMD) , and Collier County Division of Emergency Management for review and approval, prior to any certificates of occupancy being issued. d. The applicant shall coordinate with Collier County, FDER and the SFWMD in the development of a surface water monitoring maintenance and sampling program to help ensure achievement of state water quality standards, as specified in Chapter 17-3, F.A.C. - e. All commitments made by the applicant within the ADA and subsequent sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for approval. 2. ENERGY: The proposed project will be an all electric project and will increase the energy demand in the Region. The applicant has committed in the ADA to variety of conservation measures to help reduce the energy impact of the project. These measures shall be adhered to by the applicant. 3. TRANSPORTATION; a. The applicant or his successor shall be fully responsible for site-related roadway and intersection improvements required within the Citygate Commerce Park DRI. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by Collier County for the project's access intersections onto CR-951 and Landfill Road throughout all phases of the development. Collier County and the applicant, shall limit the number of access roads from Citygate to CR-951 in order to preserve capacity on CR-951, a regional roadway. b. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, • • and construction inspection necessary to maintain peak season/peak hour LOS "D" for the following significantly impacted regional roadways through project buildout in 2003: CR-951 (Isles of Capri Road) - Vanderbilt Beach Road to Golden Gate Boulevard - Citygate North Entrance to I-75 - I-75 to Davis Boulevard - Davis Boulevard to CR-864 (Rattlesnake Hammock Road) CR-846 (Immokalee Road) - Airport-Pulling Road to 1-75 • CR-896 (Pine Ridge Road) - Airport-Pulling Road to I-75 ,4R-84 (Davis Boulevard) - Airport-Pulling Road to County Barn Road - Radio Road to CR-951 c. Adequate commitments shall be provided by the applicant for the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by collier County or the Florida Department of Transportation (FDOT) , as appropriate, to maintain level of service "D" on a peak season/peak hour basis for the following significantly impacted off-site regional intersections through project buildout: CR-951 at SR-84 (Davis Boulevard) CR-951 at Golden Gate Parkway CR-951 at I-75 ramps CR-951 at Rattlesnake Hammock Road CR-951 at Landfill Road (also a site entrance) SR-84 at Airport-Pulling Road SR-84 at Radio Road d. The timing for the initiation of the improvements outlined in recommendations "b" and "c" above shall be made at the time that a road segment is found to exceed LOS "D" on a peak season/peak hour basis, or a road intersection is found to exceed a peak hour level of service "D". Service level determination shall be made by Collier County or FDOT, as appropriate. To determine the existing levels of service on regional facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier County, Naples Area (Collier County) Metropolitan Planning Organization (MPO) , the Collier County Transportation Department, • FDOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the issuance of the development order for Citygate DRI. Reports shall be submitted annually until buildout of the project, and at a minimum, shall contain turning movements and traffic counts taken at the access points to the project, turning movements at each of the regional -5- i • intersections listed above in recommendation "c", and a calculation of the existing level of service at these intersections and on the road segments indicated above in item "b". The levels of service shall be calculated according to current professional standards and should provide an indication of when peak hour/peak season LOS D is expected on impacted roadways and/or peak hour LOS "D" on impacted intersections. It will provide updated information to more accurately forecast project buildout traffic and total traffic for determination of proportional share. e. During each Phase, prior to the approval of any land use proposed in any subsequent future Phase, the applicant shall submit for County, Regional, and FOOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Citygate. If this evaluation indicates that the assumptions on which the Development Order was based are being exceeded and that a substantial deviation had occurred or will occur during any Phase a full assessment of DRI Question 31 will be required. f. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed prior to, or coincident with, development of Citygate Commerce Park DRI (1988-2003) if peak season/peak hour LOS "D" conditions are to be maintained on regional road segments with peak hour level of service "D" in regional intersections. Regional Roadways and local roadways (including intersection/interchange improvements) Phase I (1988-1990) CR-951 (Isles of Capri Road) -Davis Blvd. to CR-864 Widen to four lanes with a (Rattlesnake Hammock Road) median (segment is programmed for widening in FY 1993-94) Phase II (1991-1994) No additional improvements are indicated. Phase III /1995-1997) CR-951 (Isles of Capri Road) -I-75 to Davis Boulevard Widen to six lanes with a median SR-84 (Davis Blvd.) -Airport-Pulling Road to Widen to four lanes with a County Barn Road median -Radio Road to CR-951 Widen to four lanes with a median • -6- ��, �,gg .y• ..vir r¢�en.• Phase IV (1998-2000) No additional improvements are indicated. Phase V (2001-2003) CR-951 (Isles of Capri Road) • -Vanderbilt Beach Rd. to Widen to four lanes with a Golden Gate Boulevard median -Citygate North Entrance to Widen to six lanes with a I-75 median -Davis Blvd. to CR-864 Widen to six lanes with a (Rattlesnake Hammock Road) median CR-846 (Immokalee Road) -Airport-Pulling Rd. to I-75 Widen to six lanes with a median CR-896 (Pine Ridae Road) -Airport-Pulling Road to I-75 Widen to six lanes with a median CR-864 County Barn Road to CR-951 Widen to four lanes with a median Note: The listing above assumes that improvements required in an earlier phase are provided in that phase. g. The FDOT shall be involved in reviewing improvement designs and the identification of appropriate costs for improvements on the State Highway System to be used in calculating the applicant's proportionate share. These costs shall include all aspects of required improvements including design, utility relocation, drainage, construction and other related costs. • h. Prior to building construction south of the planned east/west road abutting the County water treatment plant and west of the Florida Power & Light transmission line easement, or no later than 6 months from the date of approval of this Development Order; FDOT shall be consulted in order that a determination can be made of the necessity to reserve I-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 337, Florida, Statutes. i. As to each phase of development and prior to commencement of each phase of development either of the following conditions shall provide adequate -7- • commitments for improvements indicated above to significantly impacted regional and local roadways and intersections: (1) If annual monitoring reports confirm that traffic volumes on the road segments or intersections above exceed LOS "D" peak season/peak hour and the project is utilizing more than 5% of the respective level of service capacity, then building permits for any future phase shall not be granted until funding of the needed improvements for that phase is committed and construction has commenced. Building permits for the current phase shall be granted provided the level of service of the road segments and intersections above does not exceed LOS E; or (2) The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule 9J-2.0255, Florida Administrative Code . Transportation Policy. The Regional Planning Council shall be consulted during the calculation of proportional share and/or pipelining of regional road improvements pursuant to the DCA rule. In the DCA rule formula, "trips existing" shall be defined to mean all non-DRI trips on the roadway (or intersection) existing at the same time as the DRI trips in the proportionate share ,calculation. The resultant DCA proportionate share formula shall be applied to the total costs of necessary roadway and intersection improvements. 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. c. Prior to issuance of construction permits for an approved development phase of the Citygate project, a Red Cockaded Woodpecker (RCW) survey utilizing previously approvedmethodology will be conducted to insure that RCWs have not established nest cavities in the development area. The survey shall occur within 60 days of the start of construction, and if it is determined that RCW nest cavities have been established in the construction area, determination shall be made by the agencies responsible for RCW protection laws as to the necessity of modifying the RCW Management Plan. d. Annual RCW surveys, utilizing the previously approved methodology, will be undertaken until 5 year after final build-out of the Citygate project, with results of the annual RCW surveys to be reported to Game and Fish Commission (GFC) , U.S. Fish Wildlife Service (USFWS), SWFRPC, and Collier County within 30. days of survey completion. y e. Proposals to modify the Citygate RCW Management Plan may be submitted at any time. Such proposals shall be supported by a current survey of on-site RCW nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management Plan modification. Upon determination that the on site colonies in any area sought to be removed from RCW Preserve Area have been abandoned, and any required off site mitigation is being provided, appropriate modification to the RCW Management Plan shall be approved. f. Melaleuca and other exotic vegetation within the RCW preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. g. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. h. Pine trees having a Diameter Breast Height (DBH) of 8" or more, located outside the RCW preserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCW forage areas. East of the FP&L easement in the vicinity of the RCW preserve area as identified on the Master Plan the minimum parcel sizes are to be 2 acres; minimum yards are front 50' rear 50' side 25'; not more than 20% of these required yards may be devoted to vehicular drives and parking spaces; at least 30% of each development site must be devoted to natural and/or installed landscape areas. i. Lands within the RCW preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCW nest trees. j. Underground utilities and surface drainage swales may cross the RCW preserve area. k. The preserve area shall be posted with signs which indicate that it is an RCW preserve and that disturbance of the birds is prohibited and unlawful. 1. When a regional mitigation plan is approved and implemented the applicant's plan shall be subject to the provisions thereof. m. All other commitments made by the Applicant either in the Citygate ADA or sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for development order approval. • 7 • 5. WASTEWATER MANAGEMENT; a. No commercial, Service R & D and/or Industrial development shall be allowed until a package treatment plant or central processing plant is on line to serve the project. b. The applicant shall provide assurance that any hazardous wastewater will be segregated from everyday wastewater. c. If percolation ponds are used, they must fully comply with FDER Standards. 6. FIRE PROTECTION: a. Fire sprinklers shall be included throughout the project as required by applicable fire codes. b. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire control district facility, equipment and personnel needs in order to mitigate project impacts. c. The applicant shall meet with appropriate fire district representatives during site plan review in order to incorporate any required features into the overall project design. 7. pOLID WASTE: a. The applicant and subsequent tenants of the project shall investigate methods of reducing solid waste volume. b. The applicant and subsequent tenants shall identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on-site, in accordance with local, regional, state and federal hazardous waste programs. 8. WATER SUPPLY: a. The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This design application should help to further reduce irrigation requirements for this DRI. b. Water conservation measures and practices shall be utilized in the Citygate Commerce Park project. At a minimum, water conservation devices described in the Water Conservation Act (Chapter 553.14 Florida Statutes) must be used, landscape irrigation shall be restricted to the hours of 5 p.m. to 9 a.m. , and non-potable water sources should be utilized for irrigation where possible. -10- ; • 9. GENERAL CONSIDERATIONS: a. The development shall satisfy the requirements of any Ordinance, which also requires other developments not subject to Chapter 380.06, Florida Statutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the development; or b. Pursuant to Chapter 380.06(16), Florida Statutes, the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinance to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I - 1994, Phase II - 1997, Phase III - 2000, Phase IV - 2003, Phase V - 2006, shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried out as indicated to the extent or in accordance with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 10. P.U.D. DOCUMENT: The approved Citygate PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", • attached hereto. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted by this Development Order by reference. 2. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. " t=41'1y'iv - . . —r t �.• �c'b.iL7fiLhIkM l 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within five (5) years from the date of final approval of the Development Order, development approval will terminate ant this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. • 4. Pursuant to Section 380.06 (15) (c)3, Florida Statutes (1987) , this project is exempt from down zoning or intensity or density reduction for a period of seven (7) years from the date of adoption of the Development Order, subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within five (5) years as provided in Section 3 hereof. 5. The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(6) , Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06 (18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms or conditions of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectiveness of this development order as provided herein. • Upon a finding that either of the above is presented, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. 8. The definitions contained within Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 9. This Order shall be binding upon the Developer, its assignees or successors in interest. 10. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 11. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. 12. This resolution shall become effective as provided by Law. 13. Certified copies of this order are to be sent immediately to the Department of Community Affairs, and Southwest Florida Regional Planning Council. DULY PASSED AND ADOPTED this 13th day of December , 1988., DATE: December'13, 1938 BOARD OF COUNTY COMMISSIONERS COLLIE COAJX UNTY, F IDA • BY ATTEST: : 0 'Q� Deputy Clerk ersTitHES C. $Y• cLERK • AOROVED"AS TO-'FORM AND LEGAL SUFFICIENCY • MARJO E M. STUDENT ASSISTANT COUNTY ATTORNEY CITYGATE RESOLUTION -t 3- Collier County Growth Management Department- Planning & Regulation Zoning Services Division September 3, 2015 Fred Hood, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Re: Zoning Verification Letter ZVL(CUD)-PL20150001787; City Gate Commerce Park Planned Unit Development(PUD), Collier County, Florida, Folio Numbers 26095000086, 26095000109,26095000125, 26095000167,26095000183,26095000206, 26095000222,26095000248, 26095000264, 26095000280, 26095000303,26095000387, 26095000374, &26095000361 Dear Mr. Hood: You requested a Comparable Use Determination that an air conditioned,enclosed mini- and self-storage warehousing Standard Industrial Classification(SIC)code 4225 and that a non-air conditioned, outdoor accessible mini-and self-storage SIC code 4225 is comparable in nature with the permitted uses for 14 properties which are a part of the City Gate Commerce Center Phase I Plat, Commercial Uses in Phase I, West of the Florida Power & Light Easement. The City Gate Commerce Park PUD (Ordinance Number: 88-93) does not specifically permit the use of requested storage utilization, however, Section III, Project Development Regulations,Both East and West of the Florida Power&Light Easement, states that"any other uses which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses"may be considered a permitted use. You provided evidence that an enclosed mini-and self-storage warehousing or a non-air conditioned, outdoor accessible mini- and self-storage warehousing uses are comparable in nature with C-4 and C-5 land uses, which are land categories of permitted principal uses in the PUD. The Collier County Land Development Code(LDC) lists SIC 4225 (air conditioned and mini-and self storage warehousing only) as a conditional use in C-4 and a permitted use in C-5. The PUD under Section III, Project Development Regulations, 3.2 Permitted A. Principal Uses, West of the Florida Power& Light Easement lists the following as permitted principal uses: 1. One gasoline service station or fuel dispensing facility. Listed as SIC 5541 and per the LDC listed as General Commercial(C2)Principal Use (P) - Heavy Commercial (C5)P 2. Hotels or motels including integral cocktail lounges. Listed as SIC 7011 and per LDC listed as C4P-05P 3. Retail sales and personal sales businesses which are travelers and/or the Citygate Commerce Park market. Listed, in general, as SIC 5311 and per LDC listed as C4P-05P Furthermore, in the PUD under Section III, Both East and West of the Florida Power & Light Easement the following are permitted principal uses: 2. Utilitarian, recreational,educational, and medical uses and services 4. Any other use which is determined by the Planning/Zoning Director to be Attachment C comparable and/or compatible with the listed permitted uses While the requested properties are not located East of the Florida Power and Light Easement, it should be noted that a principal permitted use for properties located East of the Florida Power and Light Easement are for storage and distribution uses. Additionally, you state that SIC 4225 is less intensive by way of traffic impacts, utility and resource consumption and is less intrusive overall when compared to permitted uses. Because indoor storage is generally a less intense use than many of the permitted uses in the PUD; because the range of permitted principal uses within the PUD MI within the range of permitted uses for SIC 4225 within the LDC, more specifically C-4 and C-5; because SIC 4225 can be considered a utilitarian use; because the PUD permits storage and distribution uses for properties located East of the Florida Power and Light Easement; and because it is set out in the PUD that any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses, it is the determination of the Planning Manager that the use of an air conditioned, enclosed mini- and self-storage warehousing or a non-air conditioned, outdoor accessible mini- and self-storage warehousing is comparable and compatible to the other permitted uses. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.Al! other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to,concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239)252-8202. Researched and prepared by: Reviewed by: �c) C1/ . Rachel Beasley, Planner Ray lows, Manager Zoning Division Zoning Division C:Annis Moxam, Addressing Section ZVL(CUD)-PL20150001787 (correspondence file)