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HEX Backup Documents 10/22/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS OCTOBER 22, 2015 AGENDA THE COLLIER COUNTY REARING 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 WAIVED 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 58.841 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 27.081 acres. [Coordinator: Rachel Beasley,Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN PMC-PL20150001668 10/22/15 Cocohatchee Bay PUD Teresa L. Cannon From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Tuesday, September 22, 2015 11:08 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Newpaper Advertisement Request: Cocohatchee PMC Attachments: Cocohatchee PMC Newspaper Ad Request.docx; Cocohatchee PMC Newspaper Ad Sig Page.pdf Good morning, Please advertise the Cocohatchee PMC petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 CO er CoHHty 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. 1 September 22, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2015,and furnish proof of publication to the attention of Rachel Beasley, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Author' d Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon From: Minutes and Records To: BeasleyRachel Subject: RE: Newpaper Advertisement Request: Cocohatchee PMC Thanks, I will send the proof as soon as I receive it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon€collierclerk.com From: BeasleyRachel [mailto:RachelBeasley@ colliergov.net] Sent: Tuesday, September 22, 2015 11:08 AM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Newpaper Advertisement Request: Cocohatchee PMC Good morning, Please advertise the Cocohatchee PMC petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 er C o>crxty 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. 1 Teresa L. Cannon From: Rodriguez, Wanda Sent: Tuesday, September 22, 2015 12:05 PM To: Minutes and Records; BeasleyRachel Cc: Bellows, Ray; Bosi, Michael; Kendall, Marcia;Ashton, Heidi; Stone, Scott Subject: re:Advertisment Request: City Gate Comparable Use Attachments: CIty Gate Comparable Use_AD Request.docx; CIty Gate Comparable Use_Sig Page.pdf To Minutes and Records: The title and requested run date in the attached ad are fine. As no map is required, it does NOT need to be a 1/4 page ad, and may be run in the regular legal ad section. To planning staff: Please observe the deadlines in Cityview when placing items on the HEX agenda. Items for the 10/22 HEX meeting were supposed to have an approved title uploaded to Cityview by 9/7/15. Titles approved after that date should have been placed on a later agenda. Our office didn't even create this title until yesterday, and then it was rushed on the 10/22 agenda. Wanda Rodriguez, .ACT .Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: BeasleyRachel Sent: Tuesday, September 22, 2015 11:10 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Advertisment Request: City Gate Comparable Use Good morning, Please advertise the City Gate Comparable Use petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 1 Teresa L. Cannon From: Rodriguez,Wanda Sent: Tuesday, September 22, 2015 2:50 PM To: BeasleyRachel; Minutes and Records Cc: Ashton, Heidi Subject: RE: Newpaper Advertisement Request: Cocohatchee PMC The title and requested run date are correct. As there will be no map, a 1/4 page ad is not required. It should run in the regular legal ad section. Wanda Rodriguez, MCP Advanced Certified ParaCega( Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Tuesday, September 22, 2015 11:08 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Newpaper Advertisement Request: Cocohatchee PMC Good morning, Please advertise the Cocohatchee PMC petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Cor Corsnty 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. 1 Acct #076397 September 22, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PMC-PL20150001668 — Cocohatchee Bay PUD Dear Legals: Please advertise the above referenced Legal Ad on Friday, October 2, 2015 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101,Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 22, 2015 2:54 PM To: Naples Daily News Legals; Gori,Ivonne (ivonne.gori @naplesnews.com) Subject: PMC-PL20150001668 Cocohatchee Bay PUD Attachments: PMC-PL20150001668 (HEX).doc; PMC-PL20150001668 (HEX).doc Legals, Please advertise the attached Legal Ad on Friday, October 2, 2015.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: ivonne.gori @naplesnews.com Sent: Friday, September 25, 2015 2:30 PM To: Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad: 714242, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-29-714242-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 > Ad Proof NapLr Napirs B flailij N s Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Account Ii formation Insertion Information Date:09/25/15 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at(239)262-3161 . Ad Id:714242 P.O.No.:4500154426 Total Cost:$524.56 Contact Name: Email:LAURAWELLS @COLLIERGOV.NET Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:2800 N HORSESHOE DR,NAPLES,FL,34104 Start Date: 10/02/15 Stop Date: 10/02/15 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times: 1 Class:16180-Notice Publications:ND-Naples Daily News,ND-Internet-naplesnews.com 1d Proof I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with adisability who needs any accommodation in order to participate in this proceeding,you are entitled,at no costto you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 2,2015 No.714242 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Teresa L. Cannon To: RodriguezWanda (Wanda Rodriguez @colliergov.net); BeasleyRachel (RachelBeasley@colliergov.net) Subject: FW: 713577, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-20-713577-1.pdf Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.gori( naplesnews.com [mailto:ivonne.gori @naplesnews.com] Sent: Friday, September 25, 2015 12:08 PM To:Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad: 713577, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Teresa L. Cannon From: Rodriguez,Wanda Sent: Friday, September 25, 2015 2:49 PM To: Teresa L. Cannon Cc: BeasleyRachel Subject: RE: 714242, NOTICE OF PUBLIC HEARING Notice is h The ad looks good. Wanda Rodriguez, .ACP .Advanced Certified ParaCega( Office of the County.Attorney (239)252-8400 Original Message From: Teresa L. Cannon [mailto:Teresa.CannonOcollierclerk.com] Sent: Friday, September 25, 2015 2:32 PM To: RodriguezWanda; BeasleyRachel Subject: FW: 714242, NOTICE OF PUBLIC HEARING Notice is h Teresa Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.gori @naplesnews.com [mailto:ivonne.gori @naplesnews.com] Sent: Friday, September 25, 2015 2:30 PM To: Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad: 714242, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori 1 Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road 1 Naples, FL 34110 1 Teresa L. Cannon To: ivonne.gori @naplesnews.com Subject: RE: 714242, NOTICE OF PUBLIC HEARING Notice is h Looks good, ok to run ! Teresa Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.gori @naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Friday, September 25, 2015 2:30 PM To:Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad: 714242, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Notice Notice NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 2,2015 No.714242 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX COLLIER COUNTY HEX 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 507876 2015 714242 State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Dan McDermott, says that he serves as the Inside Sales Supervisor, of the Naples Daily news, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Collier County, Florida, for a period of 1 year next precending the first publication of the attached copy of advertisement; and affiant promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. AD SPACE: 51 FILED ON: 10/14/15 PUBLISHED ON: October 2, 2015 Signature of Affiant � _ o,,,, INONNE co /�� PYP �,� q� f Sworn to and Subscribed before me this l , "-=w.`��;-� Notarimilic)-statue{ mida '� Commissio FF 900870 6 Personally known by me ( � ;�'i v L' Z ( % My Comm.Expires Jul 16,2019 � Bonded through National Notary Assn. 0 a) NAPLES DAILY NEWS w Friday,October 2,2015 w 17D V ++ Notice Of Sale Notice Of Sole Notice Of Sale Notice Of Sale Notice Notice O FOR THE CERTIFICATE proceedingior other ort NOTICE OF PUBYC SPIE DEPARTMENT OF HOMELAND SECURITY Z HOLDERS OF THE CWALT,INC., v are W.W.II,or no coY.st ALTERNATIVE LOAN TRUST you are are enhted,at no cast TO BE HELD AP. THE LOCK UP SELF STORAGE per FEDERAL EMERGENCY MANAGEMENT AGENCY (.49 2006-11CB THROUGH MORTGAGE CR IFICATES, Forte accommodations tai ass staeee. may Naples,PiperBlvd. 34110 Collier C foo■d FL and Casa N netian1-36BFhe CR epGNenent Z SERIES 2006•IICB, m f Homeland Se udty's Federal Emergency ManagementAgency PLAINTIFF, be presented n this form, DATE:October 9,2015 BEGINS AT:12:00 p.m. of elicits technical information or comments on propgsetl N V5. .Cher tt co pletet,he Road hazards tech nations far the Flood Insurance Rate Map ki orally. Please complete the CONDITIONS:All units will be sold to the highest bidder.Bids (FIRM),and where applicable,the Flo d Insurance Study(FIS) Q tach.form and tum It taken only for each unit in Its entirety.Payment must be made your common y NMO NROGGIERIOp ANA/K/A ANO ALL t° iceoaa.4,20.mq as far by cash,credit card,or certified funds. No personal checks reaport far it. These good hazard determine= LU UNKNOWN PARTIES CLAIMING in advance as possible.but accepted.All goods must be removed from the unit within 24 base)flood tlnclude ep[hs,ilSpecial FloedaHaxarO Arealbountlarleso Elevations, BY,THROUGH,UNDER,AND NAMED preferably at least seven(7) hours.Payment due immediately upon acceptance of bid.Unit x n tlesignations,or the regulatory 0 Hazard Area The FIRM and,If I AGAINST THE HEREIN NAMED Conus before your scheduled availability subject to prior settlement of account. azard def the FIS reporthave been revised t°rer of these good INDIVIDUAL DEFENDANT(S) rt appearance o other hazard determinations with yhlarsu ce of a Letter of Map Revision 0 WHO ARE NOT KNOWN TO BE art...Tear'. Upon...Oar (CONK),In Ties de with Title 44,Part s M the Lode o Federal _ DEAD OR ALIVE,WHETHER by a,qualified individual with Unit 16,Alexander Getta Regulations.These determinations are the byasis far the floodplain X SAW UNKNOWN PARTIES will•• ahvals'lablein eanl September 25rand d UOctober 2,2015 No.708863 r show eviidence of having in effcommunity ct[qualify or remain qualloed fl) J MAY CLAIM HEIRS,INTEREST AS alternate folrmat.If you need for more In the National Flood Insurance Program. For SPOUSES, DEVISEES, ssidance n completingy slits r Information on the proposed flood hazard determinations and X CLAIMANS, L OTHER Form due to you d' b l ty Notice Notice please on the s atutory 90-day period provided for dVo lea, CLAIMANTS; ISLAND WALK to request this document Bfe or call t HFAN webs.at EMA Map Iniarma onieme enge I• o trim at J�+ NC;TENANT ASSOCIATION, or an Iterate format, NOTICE OF PUBLIC HEARING pre C a INC:TENANT I NKA NAN 2 ntact Charles Rice, 1-8%]-er 21MAP(18]]-336-2627). REYNOLDS:AND TENANT 2 Aldraras'nistrative Court services Native is hereby given that a public hearingill be held October 289,2015 Na.716943 NKA JOHN DOE Manager. (239) 252-8800, byn the Colyer County Nearing Examiner(Ne at 9:00 A.N., O O DEFENOANT(5). email ce@ca.tlls20.eel. Thursday,October 22nd 2015,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610, 0 = III CLERK'SNOTICE OF Dated this 18 day of Naples FL 34104,to consider: ® PUbIic NOfILeS FORECLOSURE LE September,2015 L (SEAL) PETITION N0.PMCAPL20150001668--Lodge/Abbott Associates DEPARTMENT OF HOMELAND SECURITY _ NOTICE 15 HEREBY GIVEN DWIGHT E.BROCK LLC and Lodge/Abbott Investments Associates, LLC is Cl.) 1 CLERK OF THE CIRCUIT COURT questing approval of a minor change,pursuant to LDC Section FEDERAL EMERGENCY MANAGEMENT AGENCY that, in accordance with BY: Kathleen Murray 10.02.13.ended b thetlementchee BayPUD Ordinance approved _ �' the Plaintiffs Consent Final As Deputy Clerk 88 as amended by Settlement Agreement and Release proposed Flood Hazard Determinations for the CittyyM Marta 4...;.. T Judgment of Foreclosurelune 9,2008,to remove an affordable housing commitment Island,Collier C°uMy,Florida, and,Case No.15-04-6066P. UI Z entered the 24th above. ay of Van Ness Law Firm,PLC to make a monetary payment of 3 million donors to Collier The Department of Homeland Security's Federal Emergency arch,2015, the hove 1239 E.Newport Center Drive Court The prppe i located the northwest and northeast Agency (FEMA) s licits technical information U Z Z sled [ion,I will II to per y. rty s oca a Management A the highest and best bidder Suite•110 quadrants of Wl gins Pass Road and Vanderbilt Drive in Sectionscomments on proposed flood hazartl determinations for the for cash on October 19,2015 Deerfield Beach,Florida 33442 8,ib,17 and 20,Township 48 South,Range 25 East,Collier orood Insurance Rate Map(FIRM and where applicable the FM.beginning at 11A0 A.M.in the Phone(954)5712031 County,Florida,consisting of 532.090 acres, Insurance Study(FIS)report for your community. These flood lobby on the third floor of the Pleadings@vadawysom hazard determinations may include the addition or modification of •• Courthouse Annex locatetl Base Flood Elevations,ba se flood dee ton,Special Flood Hazard Area t 3315 Tamiami Trail East, Any person claiming OR All interested parties are invited to appear and be heard.All boundaries or zone designations,or the regulatory ilsatlway,The Naples, Florida 34112, the Interest In the surplus from materials used in presentation before the Hearing Examiner will FIRM and,if applicable,the FIS report have been revised to reflect follows,Florid bed the sale,If any,other than the become a permanent part of the record. these flood hazard determinations through s f a Letter of 0 g property: property owner as of the date Map Revision(LOMB) accordance with Ti.44,Part 65 of the of the Lis Pndns hest file Copies of staff report are available one eek prior to the Code of Fetleral Regulations.These determinations are the basis 0 LOT ONE,ACCORDING LTO PHASE daime within 60 days after hearing.The file can be reviewed at the Collier County Growth for the fioodplam management measures that yyour community is O the sale. Management Departmnt,Zoning Division,Zoning Services required to adopt mshow evidence of having effect to qualify or PLAT THEREOF RECORDED September 25 antl October 2, Section,2800 North Horseshoe Drive,Naples,FL. alis qualified for participation in the National Flood Insurance N IN PLAT BOOK 29,PAGES 100 2015 No.706334 Program. For more Information on the proposed flood hazard BFTHE THROUGH fafi, INCLUSIVE, The Hearing Examiner's decision becomes final on the date determinationnssyand,please visit FEA4A Information on the statutory 90-day period COLLIER COUNTY,FLORIDA OFrendered.If a person decides to appeal any decision made by provided fent/ihm/bf or call the FEMA Map Informa[in eXchulge There's the Collier CountyHearhrg Exaletner with reshe wllpec[[o any matter (FMIX)toll free at 1-877-FEMA MAP(1-877-336-2627). (6 O Commonly known 5682 that redatsuch meeting or hearth se,he may need to ensure f September 25 and October 2,2015 No.703600 34119 ERA WAY,NAPLES.FLproceeding,and for such puri - 34119 no place that a verbatim record of the proceedings is made,which record Includes the testimony and evidence upon which the appeal Is In 0 C Q ANY PERSONTICLAIMING AN [obebased. MIMIIIIP Ncti00 �-'' (� 'L INTEREST IN THE SURPLUS I Ifyoouareapersonwitha disabilty whoneedsny accommodation _ OF THE SALE,IF ANY,OTHER Ilk U THAN THE PROPERTY OWNER, e...here! C der to participate in this proceeding,you are entitled,at no NOTICE OF PUBLIC NEARING N 0 CO AS OF THE DATE OF THE LIS cast to youjotheprovision of certain assistance.Pleasct PENDENS,MUST FILE A CLAIM the Collier County Facilities Management Division located at Notice Is hereby given that a public hearing will be held by C� Cl) WITHIN SIXTY (00) DAYS 3335 Tamiami Trail East,Suite 0101,Naples,Florida 34112-5356, the Colter County Hearing Examiner(HEX)at 9:00 A.N.,Yi Q < vJ 0 WITERTHESALE. Real Estate U39)2528380.a[least two days prior to the meeting. Thursday, Non 22,2015,Inthe.Hearing Examiner's meeting at 2800 North Horseshoe Drive,Room 609/610,Naples FL DATED:September 24,2015 34100,to consider: DWIGHT E.BROCK,CLERK Mark Strain, CLERK OF THE COURT Chief Hearing Examiner PETITION NO.ZVL(CUD).4L20150001787-City Gate Development COLLIER COUNTY CIRCUIT Collier County,Florida LLC requests affirmation of a zoning verification letter issued COURT October 2,2015 No.714242 by the Planning and Zoning Division pursunt to LOC Section C By:/s/Kathleen Murray 10.02.06 n which County staff determined that the proposed '- Deputy clerk uses of a' conditioned,enclosed mini- d If-storage (Court Seat rehousing(SIC 4225)and n I conditioned,outdoor warehousing. mini-and self-storage(SIC 422)are comparable In Tr CERTIFICATE OF SERVICE na Buy& Sell fast! =rev oMere y r Het prineip uses in the area describetl West of the Florida Power A Light Easement"under ere No. Tr I HEREBY CERTIFY that a •F 3.2(A)of the City Gate Commerce Park PUD,Ordinance No. true and correct copy of the Localfled.$v Naples Daily News Loealfieds 88.93,as amended.The subject properties are located on the t foregoing has been furnished art m of Collier Blvd.(C.R.9511,lust north of Interstate 75. by United States Mad,this 25 In Section es Township 49 South,Range 26 East,Collier County, Ch day of September.2015 be - Florida,consisting of 27.080 acres. 14, Bibi, uperampll,Esq All interested parties are Invited to appear and be heard.All White N Busch White Norton,LLP materials used in presentation before the Hearing Examiner will N k SOS South Flagler Street,SUite become a permanent part of the record, West Palm Beach,FLorida 33401 R �e lS'CCopies of staff report are available one week prior to the N Q hearing.The file can be reviewed at the Collier County Growth bmannattupa2tlSN Management Department,Zoning Division,Zoning Services < o < October 2&9 - Section,2800 North Horseshoe Drive,Naples,FL. rFx•V." � October289,2015 No.715706 Z N Z 2014.CA.002190 The Hearing Examiner's decision becomes final on the date IN THE CIRCUIT COURT rendered.If a person decides to appeal any decision made by OF THE TWENTIETH JUDICIAL the CoELer County Hearing Examiner with respect to any matter CIRCUIT,IN AND FOR considered at such meeting or hearing,he will need a record of COLLIER COUNTY,FLORIDA that proceeding,and for such purpose he may need to ensure CASE NO.2014-CA-002190 thaludesrthe testimony andaevidence up s made, the ch record Is psis w appeal C HSBC BANK USA, N A tobebased. C AS TRUSTEE FOR THE If iehadsabilitywhoneedsan dation REGISTERED HOLDERS OF /r • - yuartopersonw yaccommo L0 '' THE RENAISSANCE HOME - t.;' ] in order to participate,in this proceeding,you are entitled,at no 0 Z EQUITY LOAN ASSEEBACKED costo you,to the rovision of certain assistance.Please contact Q CERTIFICATES,SERIES 20041 the Collier County Facilities Management Division located at Plaintiff, " 3335 Tamiami Troll East,Suite#101,Naples,Florida 34112-5356, C O �+ (239)252-8380,at least two days prior to the meeting. C JOHN MECKLENBURG;SANDRA •C L- MEDef Defendants•ET AL �,^ M kStrain, Z O NOTICE OF FORECLOSURE ./-`Tell us about your ride! Chief Hearing Examiner Collier County,Florida (n '�Nni r0, SALE October 2,2015 No.713577 Q vJ U NOTICE IF HEREBY GIVEN WE WANT TO HEAR FROM YOU. pursuant to a Final Judgment Notice Notice f Foreclosure dated September 16. 2015, and EMAIL A STORY AND PICTURES VERONA WALK entered in Case No.2014-CA. COMMUNITY DEVELOPMENT DISTRICT the1Twntthe dCourt to ABOUT YOUR VEHICLE TO: FISCAL YEAR 2015/2016 REGULAR MEETING SCHEDULE the and Judicial Circuit in d for COLLIER County, NOTICE IS HEREBY GIVEN that Me Board of Supervisors of the Florida. HSBC BANK USA, ERIC DAMSCHRODER ED@NAPLESNEWS.COM Verona Walk Community Development District will hold Regular N.A.AS TRUSTEE FOR THE Meetings at 10:00 a.m. the Town Center at Verona Walk REGISTERED HOLDERS OF located at 8090 Sorrento Lane,Naples,Florida 34114,on the THE RENAISSANCE HOME '= AND WE'LL PUBLISH IT IN THE NEXT ISSUE OF following dates' EQUITY LOAN ASSET-BACKED SACKED CERTIFICATES,SERIESai 2lt I October 15,2615 Is (hereafter and H) - November 19,2015 M Plaintiff antl JOHNDfV'`' �'""'`). , December 17,2015 MECKLENBURG; SANDRA I o Y a- 1 c'� January 21,2016 COMENDOMINIUM RM;SSOCGE IABAY t 1 - a., Februaryle,2016 CONDOM INIUMASts. Owl h xx^ ¢ ' March 17,2016 INC,are defendants. 0 ht April21,2016 C.COLLIER, Clerk of Court f ;,Find,,; cars.food used cars.,Find •eGlers.All Inca": May 19,2014 COLLIER County Floridat sell to the highest and best ,`..! July 16,2016 ot for cash in the of the 1A(3IC5]44,44084:44/0/ I'I,.a 0/ July t13,6 on thetthird floor lobby f li a ,or. August mb r 15,21 ourthouse Annex, CII �s September 1S,2016 brT`t LO County Courthouse, 3315 :___ _ The purpose of the meetings's to conduct any business coming Tamiami Trail East,Naples, r`• v before the Board.Meetings are open to the public and will be Florida 36112 at 11:006 \ conducted In accordance with the provisions of Florida law. O the14 day of October, all O 2015,the following described • Copies of the Agendas for any of the meetings may be obtained by contacting theDistrict Manager at(239)444-5790 and/or property as set orth I said �� toll free at 1-877-737-4922 t ve(5)days prior to the date of the NFinal Judgment,to wit particular meeting. DWELLING UNIT NO. I a, - From 6m0totime one or more Su coparticipate by 4 IN VINTAGE BAY, A 4 \ telephone;therefore,at the location of the.se meetings there CONDOMINIUM ACCORDING "�-_ _ CIII be a speaker telephone present so that interested pe tri it N TO THE DECLARATION OF /♦ 1F a attend the meetings at the above location and ber fully O CONDOMINIUM DATED ! - ..`�j r ion yea RECORDSNARCH 6.1997.FILED FOR -- informed of the communication. ons taking place either In person it by �ma/•� ON MARCH 7,OFFICIAL telephone dnecessary da Said mee cert main be ted continued im S t AND RECORDED IN1997 \ as found necessary to a date and time certain as stated on the RECORDS BOOK 2291,PAGE cord. wheal 1104,OF THE PUBLIC RECORDS x - - 44 If any person decides to appeal any decision made with respect �R OF COLLIER COUNTY, to any matter considered at these meetings,such person will u 1.0 FLORIDA.AS THE SAME HAS need a record of the proceed',g and such rson may reed to TW BEEN AMENDED;TOGETHERIVI / insure that 0verbatm record of the proceedings Is made er his WITH THE UNDIVIDED 0 INTEREST ELEMENTS THE COMMON ->......--''' ./ i or her own expense and which record includes the testimony '6 and evidence on which the appeal is based. �F SAIDODECLARATION AN Y� In accordance with the provisions of the Americans with CONDOMINIUM TO 8E AN r.. APPURTENANCE TO THE \ tS T y,i ould Disabilities Act,any person requiring special meetings ons triABOVE DESCRIBED DWELLING (' or interpreter top Manager an 44-575f these meetings toll tree O UNIT' -9 at 14177-737-4922 ast seven(71 daysyprior to the date of the District Manager at(239)444 5790 and/or �.�� atro N you are an Individual lh A. particular meeting. .....4 ac dsabdafao ind l Ocr 2,20K COMMUNITY DEVELOPMENT DISTRICT to participate in court _ October • 2,2015 No.]37606 tt -. V Cit '% OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: October 27, 2015 RE: Hearing Examiner Decision(s) from October 22, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on October 22, 2015. Attachments: HEX No. 2015 —40 HEX No. 2015 -41 HEX No. 2015 —42 [05-COA-01253/813782/11744 HEX NO. 2015—40 HEARING EXAMINER DECISION 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. DATE OF HEARING: October 22, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on Section 10.02.13 E.3 of the Land Development Code, the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the petition should be approved. ANALYSIS: By Board of County Commissioner's direction in 2012, provisions were added to the Land Development Code (LDC) providing staff with the ability to remove affordable housing commitments within Planned Unit Developments and Settlement Agreements as minor text changes. Conditions for written notice to property owners were provided pursuant to the LDC. If no written objections were received, the request was deemed approved. If a property owner who received notice submits a written objection,the matter shall be scheduled for public hearing. The required mailed notices were sent to approximately 1292 addresses and eleven homeowner/condo associations. Staff received eight written objections from the noticed property owners. As a result, this matter was duly advertised and scheduled for hearing before the Collier County Hearing Examiner. No members of the public attended the Hearing Examiner's meeting for this item. Eight written objections were received by staff and included in the staff report. Written objections included: 1. "...I don't trust this company. This would set precedence for re-opening the 2008 settlement that many of us fought hard against earlier in the year...." 2. "...While this request seems innocent enough on the face value, we can't help but think that this is a prelude to sinister consequences. This would set precedence for re-opening the 2008 settlement that many of us fought hard against earlier in the year..." [15-CPS-01472/1217180/1]29 1 of 3 3. The third objection included the above (#2) as reference and stated agreement with it. 4. "...We would do all we can to stop the development — language or not!...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...." 5. "...I object to the developer's request that the affordable housing component of the above referenced settlement agreement be deleted...." 6. "...We received the formal application by Grady Minor & Assoc. for the affordable housing commitment. Which we object to. We would like a public hearing at the office of the Hearing Examiner before the commitment is made...." 7. "I object to the removal of the affordable housing contributions commitments." 8. "...We object to the removal of affordable housing contribution commitments. DO NOT REMOVE...." At the hearing, members of county staff were asked to respond to the following questions by the Hearing Examiner: Assistant County Attorney Heidi Ashton-Cicko. Question: Does this action today open up the Settlement Agreement? Response: The sole issue is the removal of the affordable housing commitment and you are not able, under the LDC section, to open up any other provisions of the Agreement. Division Director Amy Patterson. Question: What is the current ability to collect these funds? Response: I am unable to collect funds relative to the affordable housing donations because the collections have been suspended by the Board of County Commissioners. Senior Operations Analyst Paula Fleishman. Question: What is the status of the collected fees since this program began? Response: $604,581 collected, $499,623 refunded, we have about $105,000 to be refunded. Question: Was any of the money ever spent? Response: no. Question: When was the first money collected? Response: 2006 was the first one, then there were a couple of years in between and then a lot more came in 2008, 9 & 11. Question: How much of the collected money was from Settlement Agreements? Response: two, Sandlewood and Cocohatchee. Question: But you haven't collected any from Cocohatchee yet? Response: correct. Question: What is the status of Sandlewood's contribution? Response: They had a potential for $57,000 but only paid in $12,000 and they got the $12,000 back. Planning Manager Ray Bellows. Question: Have any of the commitment removals ever been opposed? Response: Not to my knowledge. Question: Has your review ever been denied? Response: No. Question: Do you know of any that have ever been denied? Response: None have been denied. Question: Is the Board's order to release these commitments still valid? Response: Yes. Assistant County Attorney Heidi Ashton-Cicko commented that one commitment was taken to the Board and was approved for removal by the Board. [15-CPS-01472/1217180/1]29 2 of3 DECISION: The Hearing Examiner hereby approves Petition Number PMC-PL20150001668, filed by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Lodge/Abbott Associates, LLC, and Lodge/Abbott Investments Associates, LLC, with respect to the property as described herein, for a minor change to the Cocohatchee Bay PUD, Ordinance No. 2000-88, as amended by Settlement Agreement and Release approved June 9, 2008, to remove the following affordable housing commitment: 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. ATTACHMENTS: None. LEGAL DESCRIPTION: See the Cocohatchee Bay PUD, Ordinance No. 2000-88, as amended by Settlement Agreement and Release approved June 9, 2008. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. l0 - 21 - 2.615 vl (A, PAL, Date Mark Strain, Hearing Examiner Approved as to form and legality: )- U7' Heidi Ashton-Cicko Managing Assistant County Attorney [15-CPS-01472/1217180/1}29 3 of3 AGENDA ITEM 4-A Collier 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 Pagelof5 PMC-PL20 1 5000 1 668 gi EXHIBIT September 8,2015 I —a_ IO Z.1 IS-e� w i y S t",.a 4 t:w ,r,.r w ys t 4m' yc -t .... M q l. ... c z t r,-<x a �,4 ! I , * � A„ f. "I r !((] �(e A4 1 Y c� c t pia I WI''1' xi ^� . .'-'..:1.:la _.A tit„i`•. ,. # ' _ - ; - l'.4 ' - —' �q K 4 (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.E.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 FMC-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" ' � I 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. i I 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: A:7) I 5- RACHEL BEASLEY, PLANER DATE ZONING DIVISION REVIEWED BY: Alitm• ? RAYM4 D V. BELLOWS, ZONING MANAGER DATE ZONIN DIVISION - !— MICHAEL BOSI. AICP. DIRECTOR DATE PLANNING AND ZONING DIVISION Page 5 of 5 PMC-PL20150001668 September 8.2015 S& y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(239)252-6358 MINOR�CHANG T( PUD MASTER PLAN�OR MINOR TEXT CH�`NGES '�C � LDC tion 10 0213 bode of Laws section 2 8 — 90. nis ra, i t�rae mod= 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 PL a cz `66 PUD NAME: Cocohatchee Bay RPUD ORDINANCE NUMBER: 2000-88 As Amended i!ib 11,5 k d ® as � N 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 Cater 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 Is the applicant the owner of the subject property? • Yes No ( 1 1. If applicant is a land trust, so indicate and name the beneficiaries below. Ix I 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. I 1 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) PROPERTY INFORMATION For a Minor Change to a PUD Master Plan: 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? 111 Yes No If no, please explain: 4. Has a public hearing been held on this property within the last year?• Yes [ I No If yes, please provide the petition name and number: PUDZ-PL20130001813 6/9/2014 Page 2 of 7 IF Go 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 5. Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? a. Are any changes proposed for the area sold and/or developed? ❑Yes ❑ 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. n 6/9/2014 Page 3 of 7 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 SUBMITTAL REQUIREMENTS 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 FOR 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 N: Pr pplication Meeting notes 1 ❑ ei yfter avit of Authorization signed & notarized 3 © ❑ Completed Addressing Checklist 3 © ❑ y of 8% in.x 11 in.graphic location map of site 3 © ❑ Current Master Plan&1 Reduced Copy(For item 'A' under Property 3 ❑ CI Info.) Revised Master Plan& 1 Reduced Copy(For item 'A' under Property 3 ❑ Info.) to adjacent property owners (For item `E' under Property Info.) 3 property owners (For item 'E'under Property Info.) 3 © ❑ Cop 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 © ❑ 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. 6/9/2014 Page 4 of 7 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 I FEE REQUIREMENTS PVD 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 gat MAA/j 1-2 3-20 tr. Applicant Signature Date QUUQp & �. SO4.19vt)4 N Printed Name t4l5 1 e'L ti-el e vice-P4etiaevt'i (MAI:A+ ksoctctted 1_L_c_ calGQ to. Li Cap ct c i�-c a.e dice-Pt-Q s,dbuuf e L® e(Ikdbo due silatmks Ass& cei-t° l�—G 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 GradyMinor • 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: 532.09± 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,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-PL20150001668 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-PL20150001668 July 29, 2015 Page 3 of 3 .\ LEE COUNTY BONITA BEACH ROAD (CRABS) kELY _ BARFNOOT 112/i"rilMol 6 ` CONDO L I q UTILE • BRBTA -_. 5 SHORES Jy' liLlill .e. dO A iOUBON A NORTH NAPLES Iv 9Y `�P�`� Y LEE COUNTY iiii� =WIRY l LAKE , ' BAY - d'� MEDITE A �E _ B FOREST ' PROJECT a ,o ,� � WATEROLAD=� THE LOCATION ., . RETREAT DOW . ncE VILLA88 pica �® ESTATES - VETERANS ME. AND •TI :.1,ri •-•-"' .11�-." TARPON �LANUETKA IYPEWAI. SANDALWOOD-7St II DOVE 1� PLAZA LIKES PASS ROAD 14 �� C.R.BBB ® C 15 CASTLEWOOD IMPERIAL • N AT BIPF7DAL Q� di O v 0;r MOONS IMPERIAL Ali GERMAIN NEST ail'+♦.BAY TOYOTA , _� - VI I .1Si��' illikkei 8AY HOUSE TALIIAIO PROFESSIONAL �\ CAMPUS CENTER i� E'� VAM]ERBILT 21 �Qr VU NAPLES PIPER BLVD,BLVD,f- AS COLLER 22 HEALTH MEDICld. MEDICAL TRACT 21 +.. NES Q.� 31 COWER TRACT (CENTER I SWEAL��. DEVELOPMENT '� ��, .A NAPLES-IAA.IDKALEE ��, pA11K. VETERAN'S (~'y ROAD (C.R.816) COMMONS - D mot• NORTH- COVENTRY ra KIM SURREY OMER ULKE SL JOHN SQUARE _ PARK✓ CONVALESCENT . VILLAS TNC EVANOlLISi CATHLIC CHURCH Ai DANLY WS. p MEDICAL E MEDICAL UN VANDEABLT 28 g P- 27 26 mil BEACH STONED/100E ESTATESS v. PARK PAVRION M- I tai z MI LAKE $GG 3 I MHAUA �uul —� PAW �� 4 PELICAN r t...18g U MARSH 32 V'wDERBAT'0&4cN \74 �. (35 33 Ct WALTRtEFNS 4ARIQ:R LAKE � ' VILLAS PLAZA tam', I` �� I 1 Pawn IIIIIII BAY 1OR l�. HFJtVENLY :MONTEREY - ,, 5 4 I� RNE 2 LAKES RIDGE r-., LOCATION MA P • • • • • • ANTHONY ANGEUQUE& • SOAVE ANDREA SOAVE • SOAVE TRIDENT MANAGEMENT INVESTMENTS INC. MGMT CO.,INC • • • SOAVE 1 TRIDENT ENTERPRISES INVESTMENTS LLC LLC TRIDENT -ABBOTT • LLC• • LODGE/ • ABBOTT ASSOCIATES • LLC LODGE/ • ABBOTT ASSOCIATES LLC OWNERSHIP STRUCTURE • • sAUCn ..mR!%,=22w • • • • • • • • • • LODGE/ABBOTT ASSOCIATES LLC ' STATE. OF ORGANIZATION: Michigan DATE OF ORGANIZATION-: February 25, 1998 COMPANY I.D. NUMBER: B26-407 (Michigan) M01000002423 (Florida) 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 OFFICERS: N/A MANAGERS: Yale Levin MEMBERS AND PERCENTAGE OF OWNERSHIP`" Trident-Abbott L.L.C. 96.25% Soave Management, Inc. 3.75% • • DJE.w.tpsutd.ATADGmasorz.305A 021506' .. - " t SOAVE ENTERPRISES L.L.C. STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: January 1, 1998(filed 12123197) COMPANY I.D.NUMBER: B 17-685 FEDERAL TAX I.D.NUMBER: 38-3389446 ASSUMED NAME(S): Soave Enterprises NAME CHANGES: • N/A QUALIFIED TO CONDUCT N/A BUSINESS IN: 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 OF OWNERSHIP: Anthony Soave 99% Soave Management,Inc. 1% END OF TAX YEAR: December 31 • • • ATpt \SOAVB.ffi4T."m40403o2 • SOAVE MANAGEMENT, INC. ' • STATE OF INCORPORATION: Michigan DATE OF INCORPORATION: July 27, 1995 ' CORPORATE I.D. NUMBER: 315-928 FEDERAL TAX I.D. NUMBER: 38-3257460 . ASSUMED NAMES) : N/A 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 • Ass't Secretary: Kathleen B. McCann Treasurer: Richard T. Brockhaus DIRECTORS: Yale Levin, Kathleen B. McCann, Michael L. , Piesko, Anthony Soave AU'J ORIZED CAPITAL: 60,000 shares - common stock TOTAL SHARES ISSUED: 1,000 shares. - • SHAREHOLDERS AND PERCENTAGE OF OWNERSHIP: -Anthony Soave 100A 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 V END OF FISCAL YEAR: December 31 • ❑.Tp\msys mawya.swAosoaoo . Co I Pe"-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ®DRTA$1. CHECICLIS1' 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 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 Section. 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–Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) — ❑ RZ(Standard Rezone) D 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) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# PL2014-1382, PL2015-0420, AR-528312003120051 344 e .Oltyer CO 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: D Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239-947-1144 Email/Fax: sumpenhour @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. -.4 FOR STAFF USE ONLY Folio Number See attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Gd :btvt�'b-a�f. Date: 7-23-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 2 Cocohatchee Bay PUD Property ID List 00155884207 00154680004 00155920006 00156120009 00156680002 00142240003 00156400004 • .••-,'"r.J•: ir.4..ii. ,,,L-s.4,..,_7,.,, cri,z, . ,i...„t 4:07,1 1 lik J „,14• ,.., 1;,:;:.j'--1 `;''''.1,- t•'••'''''''' 45. , 4" ....„,- •-.,.... . , , .. , •-4 / . // . ' •:... ‘,.,l'i..., 4,,• •.,t,,.7,-.44,......•=t4 . vit, , // / / //' '/- 07/4 V • / / . // / :C'.4,,Pfalt.,4-41-C8ge30_0=RODi , /, -/ 7.. // ' /--//,/ `4:. s-.*, .,.'.,14,..':'' •,-/ ' , ",° /, j-, 7, ' - - - — ,.// • , /, ' , / // - / / No V,.01. 14.4 - .tir // //// /../.,,,- . • / / ,/,;/ // - ,/ / 141,4 1 ' 4.'-a , ,....N '', /// / / ./.. ' / /- / ,/,..;.',/, ./././// • i.,10,.. .4 , :e. 4 '-e.", • .i.-4,' . / /„ / . /////2.7?'17;;‘ // I ' , 'e... - 'A • i I.t.1-,,,i':y. // / 7/ / ' - ''. /// - •.„•'.:://' ' ,,,,,',-//• / '- .a:44. --"',--' 1. 'Atf-) / -/ // .,.. - ; .•<,... 1/2 // ,z. !,114. .,,,,Y, /,/ >7. /,/../4/.j !At''6:yat'.'•i.■■'"Vi .,,, •',770.,--e.:=&.•;,,, ',4.W.,,'4....;%) : /,....‹. ■ / "',/// '// I., i A ////,2, / , ...N„0...... .:,, .1 /2/ / - /(,/ / • ■.• ' f ri '49 .r Zit. -)."4/, ///, ., ,/ /// / _ .• /, ,„,......,..R77.41.,grifit-WW.3iTWIT!... . --.7-=' .,;.-,-----=,--- • ,_ 'N ', '' i•.• ,:. , . r,1..,•-t 4 . -: .. ,f,II._ -.. ....—:" . tsi.„1.4, i..- .1. „,/ / •-4 11'. 4 -,' "2,— i-''' ' --1 . fy:--■gt° 1 , ' A t...., •._-!!4.i. ///// `... - , - - ..." 5: ) .: --X t .."--'" ',--2,-• . S • -, ' . //// ' // '•;1'ti -- v,-.•.:-_-, ii -- / / ///y :,.; 1::,. • ,,,:, ''-iiN ...- ' . ..:..„. .'. . . t Itt, -.I.! .o.'„,,„.4 .. . ''''',. '...'0, / . . ....,.. N • 4f t% e 4 ' / 4,14// ..'''_:_2_-.2.-..._,.,,,, •:. ,. --.,, • '':.: ,/,': , -3,,PY • - , ,i,-,::"°*`-,•t eiel - 4' .... • _L..., , ., _ //if,/ / . 4 . .4. •,4 . .. :1 i'• .+AA-.,.•,-"w. '''''A 4-.... •4 1 ' ..--;-. .- A ,' .■ i.11 0 `q Ar ' -.--,-, 7./',/ / q. •-. ,1 . ..4.' ' -, '1/1 ' :, ■.:.: r. . Ste' • / • .....- . ,.... •. , ,-, -+._.:4 / / ' • ' 1. "1.-'-*-' 7.:;-'-':- ..-'1".' il .,\.. • . ;.! i: 1 11,24.; .- - „.., ,. A 4‘. . , . . — --,......q. ... t. ---. i .,,,t4. .',‘; f.'•. • . ,-..,.. ,,, ,:----.1, \N. -• ----- ---.. . . ' 1 .1.' '''.• I 1....'.,.. 1 ■ ,, • i' '', . . ... .-.- v.. - ... AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001668 ' ,p 1 W I, ea ertlt �- Sc�°tnb ` kc j (print name), as V i cC - f rCS) q�Y (title, if applicable) of Lodg Abbott Associates,1.1.0 (company, If applicable), swear or affirm under oath,that I �m the (choose one)owners / I 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 tru . / Sit id 23,2o tS Signature Date EA*A3 and g.. S Ono?.b e-r' / 1) i c-t-Pr cS t aerc4- f Loc ,/Abbo-11- /�5soci-a�es LLC STATE OF ft6RfBA M 1t.14 i U A COUNTY OF 9GI 4ER-W AYN£ The foregoing instrument was sworn to (or affirmed) and subscribed before me on `T-2.3-2.06(date) by 4 Ja'i-e. (Z 4 St,kn6e-rs (name of person providing oath or affirmation), as Nice. Presi devc who is personally known to me or who has produced (type of identification) as identification. � � L aJ/`'" _ \ STAMP/SEAL Sig ture of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun lb, ACTING IN COUNTY Y OF*�(� �� CP\08-COA-00115\155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150001668 I, ri�waif-7514• Sc-46314 6 e (print nape), as VI c-e• Pty s►�Q a vt# (title, if applicable)of Lode bbott l..._e•mo °•° 104,6641941‘_ AStougMS t- -C(company, If applicable), swear or affirm under oath,that I am the(choose one)ownerapplicantI',/ (contract purchasers land 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 Q.Grady Minor and Associates,PA. 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 4 d Suly 231Z0 Signature Date FCC "1).GSt tgGs.Ct"ok LG e(Itbloo c sloe S-wok ASSoctctte STATE OF M te.141 IAA COUNTY OF lltettuER W Ay NE The foregoing instrument was sworn to(or affirmed) and subscribed before me on 1 2 3—A)(.5(date) by ed►t,lart R. ' t( info (name of person providing oath or affirmation), as o is personally known to me or who has produced (type of identification) as identification. . e . STAMP/SEAL Sign r of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI MY COMMISSION EXPIREA S Jun 10,2018 ACTING IN COUNTY OF �13�h� CP\08-COA-00115\155 REV 3/24/14 Retn: 11/0 ii l UK; '1300 At; 431f3 E 526.00 CLUE TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COMP, FL COPIES REC RFB 26.00 IITEROFFICE 4TH FLOOR 06/10/2008 at 1O:46AI DWIGHT I. BROCI, CLERL UT 7240 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into on this cA46 day of ur,e.._ , 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 k :, '.1 -- 1° :-,• and WHEREAS, the PUD . kto-. •on is also som- :I s$s -ferred to as the Cocohatchee Bay PUD; and WHEREAS, Lodg. fil p,', m n o ,s o , 4• T entieth Judicial Circuit in ^ I. 1 and for Collier County, F R• • • • • I e "-• `• i . concerning the proposed amendment to the PUD's B• 0". ...le Management 7V 4. . 's .- being styled Lodge Abbott Associates, LLC v. Collier Coun `, , , 1 -• , -_ . CIR WHEREAS, on or around May 1, I I . 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 Hams Act"), Section 70.001 et seq.,Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) 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. 2/28/08 revision 1 Attachment B 1 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 ' ' 31: . d a Pathway Depiction (Exhibit 4). This Agreement and Release - y states the • e deviations in development standards from the original ' ' - t- s in • greement and Release,the original PUD will control. lj 0 t, 3. T h e s e t t l •Qt y C b •n • :: • • s ' site development plans Je- ("SDPs") that Lodge has su . _. being approv a , .ty, in accordance with the rules and regulations of the Co 0•4 • - - • - y .ment 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 Vai 'WOO ru: LJ'tI 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 590 .►", i ZI to assist the County in funding the construction of the Vanderbilt ► % dge enhancee.... o such additional contributions shall be required, however un' o • • . .1 -s evi. - •c, that all parties have spent $5,500,000.00 on the Van erb �, g: ,� . :,,T . .n such sums paid over the I initial $3 million shall -. ft . :, -." . :," gin this Agreement and ^ Release, however, is intend=. .or shall it restri-1:. ,,ft: the County's ability under applicable laws, ordinances or ru 1.i -,; •r • it • 4• 0%)of all transportation impact CIR fees upon approval of the SDPs. These • . s • 1 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(1) 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 sunsetting provisions within the LDC until the Effective ,--. 3 2/28/08 revision un; 'tJuo ru; LJ10 Date of this Settlement Agreement. At that point, the five year sunsetting provisions 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 • ti k. reason, then all of the • including wt• ,t t , •i station the entire golf course development area, except f'r . •;o • �'. for th. tw (2) residential units, shall remain forever as green op 1 ~ • ; �� •tPT to e uses expressly allowed in Paragraph 5.3 of the • n - • ' 1 , sions to these restrictive "� ' covenants will require a sue -�' �• sty vote of the : • � • �f �' ''� Commissioners. Ars. 9. To fully satisfy i •-' :.'; • : e AY. dewallcs along 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 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 referr.. : • . :- d R-2 Parcels shall be replaced by a L single R parcel as set forth in .. =G .:• PUD Mast- ' . . hed to the amended PUD. The development standards 'or a l e ' 'arc- :' -t fo ' in able II of Paragraph 3.5 of the amended PUD(except . , : .e - p )sl •, :. . T. Al, - ent and Release). !, 13. If there are At ti. r c ,, .. �;; B. :gement Plan required by federal or state agencies, er County P I .y - • ' •`N:1 it process shall be required. •The County acknowledges that 1 , 6,, , :1 : . ll _j ' . I agement Plan is in compliance CIR 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 UK: 'fiat' ru: zi u 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 • without limitation all Bert Harris Act claims and the claim asserted i. - No. 05-967- !A•: release shall be immediately effective upon the County' . • • •. . _ of •• - _ i 's in co • • ce with the terms and conditions set forth in p. . •i o 114 •,• e. !. 16. In the even •• a .. • c• •• - • _• - 8 • '�•Bement and Release, the County and Lodge agree to • cooperatively to - • ift Agreement and Release. In this regard, the County and • • : .o r.• - . • - - . •• •t- • • e parties to any such challenge CIR proceeding if one or the other of them is not 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 ul<. WOO ru; LJJl 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, offi - - ,i U former employees, owners, present and former elected or appoin +'ii .is, insurers, p '. _1. and representatives, who shall work together in good faith • • + + + . ; - • this • ? -- ++ent and Release. 20. This A, -- en . +d ' ty +l i+ _+ 7-+ b the laws of the State of Florida. i, 21. This Agreem- ',411 .1; + Release may b'► ,+ + , b► + y by a written instrument specifically referring to this A - =+ + •e - . - - ted with the same formalities CR as this Agreement and Release. This Agreemen and Release supersedes all prior discussions and representations and contains all agreements of the parties. 22. The County and Lodge acknowledge that this Agreement 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 UK; 1300 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 p r o h i b i t t h e construction of t h e ' • : . 'zed by the PUD and this Agreement and Release or the enforceabil'' sf>o i s Agreement an . e. Lodge affirmatively states that it is not aware of an f. • -_ won • • : a it the co Aruction of the project as authorized by the PUD - d - t '∎- •r e enforceability of this Agreement and Release. ,c.+ N' 25. In the event •' • - • h of this Agr-7',•,• elease, either party to this Agreement and Release may en •r. J• •• _ tieth Judicial Circuit in and for Collier County, Florida. In this respect,the ounty 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 terms 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 011: 4368 PG: 2353 ATTEST;;;; '' o• BOARD OF COUNTY COMMISSIONERS DWIGHT E, $OCAS, CLERK COLLIER C• ,F ORIDA :� By ... I� i�"� By: li A ' ' wig Chi i. ..P - •uty lerk TOM HENNING,C • l• • signatur, oaril'1" MES;4 Signed Name 47(G4W246 AtoeltlYck Print Name / / ��/-, _K_ • / :- -1 / • Si '. Name '�i�r l :BOTT ASSOCIATES,LLC /i/d/A -yam j.,.:. •.*Ai JI /zo ne l'. `r rrS: /A*1 Printed Name Ap. •ved as to form 0 II' .--■ and e• : - II' - ' !• \ 1" 111d►',.. Je 1 .∎ A.KI ? ow �0 Co Atto t y t Op 4/E CM 9 2/28/08 revision vn; YJOO rv, LJJY st `� ti■ ORDINANCE NO.2000- 8 8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COWER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S,8516N,8517N,8520N,AND 8520S;BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3(3),A(ST),RMF-6 (ST)(3),RMF-6(3),RMF-12(S7)(3),RMF-12(3),RSR3(Si)(3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE L•- w- '• I:NORTHWEST CORNER OF WIGGINS P • 1v r . VANDERBI T•DRIVE (C.R. 90I) •��M1ni� ^�'r,10, TOWNSHIP 48 SOUTH, - EAST, COL I Wirt , FLORIDA. • CON 4 532± ACRES; AND - •VIDING AN F.FF-r r: 7 • • ' . ._aodethih Partners II, DT..petitioned � I � ` . � casdtsuatior-of the haven described ••-•,a,,,/ V .f ' NOW, ' •i:i D• . BE IT ORDAINED • • •f' Coduniisieides or Collier Coounty, •• 0 t• SECTION ONE: The zoning • „.• o - .. '. . . . •• . located in Sections 8, 16, I7 and-20,Township 43 Sow*,Range : - -• er County,Florida,is changed front RSF-3 (3),A(ST),RMF-6(ST)(3),RMF-6(3),RMF-12(ST)(3),RMF-12(3 RSF-3(ST)(3),RSF-4 • (3),and RSF-4,to"PUD"Planned Unit Development in accordance with the C000*w1*ee Bay MID Document, attached hereto as Exhibit "A" and incorporated by reference *rein. The Official Zoning Atlas Maps numbered 85083,8516N,8517N,8520N,and 8520S,as described in Ordinance Number 91-102,the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Exhibit.l to Settlement Agreement and Release ult; ' woo rlt; 2333 PASSED AND DULY ADOPTED by the Board of Canty Commissioners of Collier Canty Florida,this.fgrday of Al2e.e�/A J .2000. BOARD OF COUNTY COMAIISSIONERS • COLLIER COUNTY.FLO' •A Aft . ATTEST:., BY: JAMES D.CARTER,PhD.,CHAIRMAN D GMT E.BROCK,Clerk Attest as to Chairoa'S This ordinance filed with the sigesture Daly. Secretory of .'s Office the /Maar of Approved as to Form :edoement of +t,�t and Legal Sufficiency `-'(JA)-' ` :1, t ldcr Assistant Count A • 0 pyr nEC E.-q) „so l�- IIE CIR'�.�ti -2- ult; 'UN ru; 4330 COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE COtix C1� PREPARED FOR: . :: II,L 9 2(COPY PREPARED B 0 • ,INC.OF NAP ' C1 ;A I • I !+ .1'a '!: C- DATE REVIEWED BY CCPC DATE APPROVED BY BCC Laek65 ORDINANCE NUMBER "ago-de AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 EXHIBIT"A" OR: 4368 PG: 2357 INDEX PAGE List of Exhibits and Tables II Statement of Compliance Ili 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 Preserve ■,1„ CI 5.1 U SECTION VI ...s •- velopment . , ,' , 6.1 ,..-, C 0 '111111( i,_, t; 4_ 1:31 o V Li IN IN- ICE CIR 1 UK; ' 300 it; Ls3o LIST OF EXHIBITS AND TABLES EXHIBIT"A" Planned Unit Development Master Plan EXHIBIT"B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards C0r1` viNks 0 1! 4ECI II VA. 74VV LV. bJJJ STATEMENT OF COMPLIANCE n The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee 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 Cocohatchee Bay Project are adequate.The Cocohatchee 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 Cocohatchee 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 property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. AiViR 4. The project Dave'. • • - le wiO• ��_, . •. ntary to existing and future surrounding land riled in Policy 5.4 • s , Land Use Element. 5. The property was • • •-,• , .-•1 , ••g , •. ,r, ; Re-e ■.'on Process which resulted in an action establi. •• • se -•r . ,', • ,14.E : , i v i- Parcel 1 C.1: �,«.�- 33.57 units n Panel 5 "�,- ` V 646.52 units Parcel 6- f `-� -RS E"" 39.45 units Parcel 7- r 69.61 acres • F • 3 3 208.83 units 7-1,,e__ `%, 0 Parcel 8 1• :' r3) - 583.80 units CI 12st(3) Parcel 9 1.26 acres RMF 12st(3) - 3.78 units Parcel 10 80.65 acres RMF 12st(3) - 241.95 units RMF-6st(3) TOTAL 532.09 acres - 1757.90 or 1758 units The PUD will utilize a 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 Land Use Element of the Growth Management Plan. m VAS "St/VW ♦V• bovvv 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 3.1.13 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 areas as described in Objective 1.5 of the Drainage 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). )1 R. CQlj 1^*' 0 y cl CC yr, N 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 name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,SAID SECTION 8,RUN S.88°24'40'W.(SHOWN IN ERROR AS S.88°26'40"W.IN O.R. BOOK 68,PAGE 235;O.R.BOOK 87,PAGE 439 THROUGH 447;O.R.BOOK 167,PAGE 692;O.R.BOOK 218,PAGE ' : • ;A-• ; D• CITED AS OFFICIAL RECORDS), ALONG THE SOUTH 1,•. • : ►:• 'a S ,1 LOT 4 AND THE WESTERLY PROLONGATION OF. i • • 1 -• 71 FEET,TO AN INTERSECTION WITH AN A r• .1'' •ARY LINE AS ' :✓•�'• • v• IN O.R.BOOK 87,PAGES 439 THROUGH 447 ' : • OTE THOU• O.•.BOOK 167,PAGE 692 AND O.R. BOOK 218,PA� � L:► 'rk- AG' ;1:i• : •UNDARY LINE IS FOUND IN O.R.BOOK 68, 4,1- • r.: . .+ . CE ARE IN EFFECT THOSE RECI'!'ED A •� ,, +� �,�� ,� D i:a r O.R.BOOK 87,PAGES 439 n THROUGH • t- '► . �.m 1 J• • 1 a • 1 • COUNTY,FLORIDA; THENCE RUN ti' ► ;' ., •-. .o}_ 1• :'- . �� LINE,FOR 300 FEET;THENCE RUN N3°00'00' `illifi.i • G SAID AG' :4;1 BO LINE,FOR 961.43 FEET (SHOWN IN ERR 961.30 FEET IN " : •ar '•t.► . RECORDS)THENCE RUN N.67°30'00"W. • ; ' . 1• AGREED BO + 1 r- FOR 1397.99 FEET(SHOWN IN ERROR AS 1397 i :,c• 1 THE OFFI•+• t .:W.•RDS);THENCE RUN N.22°31.00"W.,(SHO' ` i / ,; •.,�,,��r w�,,.0 - ► . . 'W.IN THE OFFICIAL RECORDS), ALONG SAID AGREED BO•' y ';37I N .•R 944.72 FEET;THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3,SAID SECTION 8;THENCE RUN N.0°08'53'E.(SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00'001E.,FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3;THENCE RUN N.89°1220"E.,ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,FOR 1907.82 FEET,TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3,THENCE RUN S.00°23'10'1E.,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 ...— ........moimmimmimminimmminimummin j_______ OR: 4368 PG: 2362 PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 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 EAST, COLLIER COUNTY,FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST I/2 OF THE NORTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF • ' ATE ROAD S-865A(VANDERBILT DRIVE). PLUS ANY LAND ADP :I• +_ it,. : ON OR RELICTION,AND LESS AND ACCEPT ANY LAND ••, ► •1 •• 'MERGENCE OR EROSION. PARCELS BEGINNING AT 1- • x 1: • • ':+• OF '. ON 17,TOWNSHIP 48 SOUTH, RANGE 25 ' •6 1:4. .• -, n • .89°54'20"W..ALONG THE SOUTH LINE O n sTif i �� • ,+: • AN INTERSECTION WITH AN AGREED : i '• 'E..'• • ��L i IN • ' BOOK 68.PAGE 235 THROUGH 250 • ,.�, ,,r' '-i •,-r:l ;'c COUNTY,FLORIDA;THENCE E RUN N.01°30'05 ak •NG SAID AG• �!,� B• i+ LINE,FOR 1298.70 FEET (SHOWN IN ERR■∎ 1300.00 FEET. ' : a , .,PAGE 235 AND OR.BOOK 167, PAGE 642 :I I V :"' . CITED AS OFFI«� • �••RDS);THENCE RUN N.30°00'�00"E.,ALO��' GREED BO.;,i►7 LINE.FOR 800 FEET;THENCE E RUN N.05°00'00'W.,ALON t �+�r ,�"f ;• :,;�.r`3T• Y LINE,FOR 1480 FEET;THENCE RUN N.299 1'4015W., • '+ e.! AG '% • •UNDARY LINE,FOR 1957.41 FEET.TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17;THENCE RUN N.88°24'40"E.(SHOWN IN ERROR AS N.88°26'40"E.IN THE OFFICIAL RECORDS),ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17;THENCE RUN S 0°27'301E.,ALONG THE EAST 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'E.(SHOWN IN ERROR AS S.0°26100"W.IN THE OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17,FOR 2584.65 FEET TO THE POINT OF BEGINNING;EXCEPTING THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4,(2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,(3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,OF THE SOUTHEAST 1/4,ALL IN SAID SECTION 17;AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A(VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST Vi 1.2 UK; tad ru; tioi OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST, n DESCRIBED AS FOLLOWS:FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,RUN S.89°53'18'W.FOR 501•i1',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°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'18'E.,FOR 275.72 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A(VANDERBILT DRIVE):THENCE RUN N.0°2600"W.,FOR 220 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. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,DESCRIBED AS FOLLOWS:FROM A P01.0 - :i-- 1.1 1 G AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 •�,� ;jam �' : OF SAID SECTION 17,RUN N.89°40'55'E.,FOR 5;4 V)1-.., ;-�,A�-'7.:' ±0 TH LINE OF THE SOUTHEAST 1/4 OF THE SO ►: • OF SAID SECTION • POINT ON THE BULKHEAD LINE AS SHOWN ON • T -' RECORDED I : ► r D LINE PLAT BOOK 1, PAGE 7,OF TH: ' . " ='9, ,►. 0 r3 1:4' CO ,FLORIDA;THENCE RUN N.0°26000"W., •R 1. :-,- '• ► -' ► LINE;THENCE RUN S.89°40'S5"W .• '� ..•� a, i►� - • LING,TO A POINT ON THE WEST LINE 0' Rv4� • 4+• 1 ,! - �' '• , r�• 1/4 OF SAID SECTION 17; THENCE RUN 1; Z ' , ' - ' I. : ::I - •INT OF BEGINNING.PLUS ANY LAND AD r ✓► THERETO BY A • N 7: CTION,AND LESS AND ACCEPT ANY • THBREFRO .,ua GENCE OR EROSION. PARCEL 10 �0 BEGINNING AT THE c)i i- :, l•;; • ' SECTION 20,TOWNSHIP 48 SOUTH, RANGE 25 EAST,CO 1 0 :;►r: : • 1"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 INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.BOOK 68,PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN N.79°17'101E.,ALONG SAID AGREED BOUNDARY LINE,FOR 69.601•M t;THENCE RUN N.02°59'30"W.ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET(SHOWN IN ERROR AS 1475.01 FEET IN O.R.BOOK 68,PAGE 235); THENCE RUN N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;THENCE RUN N.18°44'30"W.,ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET,THENCE RUN N.05°37'50"W.,ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET,TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°5470"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 n I Vi(: SJ00 CV: LJ0'± 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 RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-846(ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND 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 THE PUBLIC RECORDS OF COLUER 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 r• : - :ry.CB N.89°52'20"W.ALONG THE SOUTHERLY LINE OF SAID LOT 4, ,,• In t1 .' . - TO THE SOUTHWEST CORNER OF SAID LOT 4,THE S 'r : ' • THE N• •.r�i.+ ,+L CORNER OF LOT 10,BLACK 1 OF SAID WIGGINS P •INGS UNIT NO.1,+' . CE N.89°52• 0"W.,ALONG THE SOUTHERLY t :0- .:: ' INS P S D 1 GS UNIT NO.1 A DISTANCE OF 1400.65 FEET • !: S e'• . ~ •• °r iv. O A 1 WIGGINS PASS LANDINGS um'NO.1; Y LINE OF SAID WIGGINS PASS LAND t , 1 y • t ► 0' • '•t 1'�'' ,THENCE N.34°26'15"E., G SAID ` :�'t :+ • t +: c F ' 8 FEET TO A POINT ON THE ALONG ,�� ,,, NORTHERLY �', I=''t l'" ;' . n 1•S UNIT NO.1;THENCE N.87°48'001E. SAID NORTHERL A, i� ' A •, ANCE OF 1481.48 FEET TO THE NORTHEAST ••�`�' .' OF LOT 3,B • • 1 ` •.!' GGINS PASS LANDINGS UNIT NO.1;THENCE S.. ` .� 'E.A DISTANCE • :r FEET TO THE NORTHWEST CORNER OF LOT 1,', f• w OF SAID ' t 'ASS LANDINGS UNIT NO.1; THENCE N.87°48 '; •'Vifrrs*a TO THE NORTHEAST CORNER OF SAID LOT l;THENCE ••L�,+. :4►'-• G THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1,THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION;THENCE S.02°12'001E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 88.56 ACRES,MORE OR LESS(BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,ION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 IMOMIIIIIMIIIMIMIMIIIIMIIIIIIIIMIIIIMIMIIIMIIIIIIMIIMMMIIIIIIIIIIMIMIIIIIIMIIIM 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 N.02°12'00"W.,ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET;THENCE S.87°48'001'W.,A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE,A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3,WIGGINS PASS LANDINGS,UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE S.87°48100"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00 11W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3,OF SAID WIGGINS PASS LANDINGS UNIT l;THENCE S.87°48100"W.ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 1481.48 FEET;THENCE S.34°26'15"W.ALONG THE NORTHWESTERLY LINE • - Yet' `r PASS LANDINGS,UNIT NO.1,A DISTANCE OF 439.48 ~:,. 1 .*jY•,:+ . • Y CORNER OF TRACT B. BAKER-CARROLL ' • «s•RDING ■ti 140,T THEREOF RECORDED IN PLAT BOOK 8,PAGE 42 • $ r: PUBLIC RECD + • r:r' COUNTY,FLORIDA; THENCE N.54° • .,•ir r• ' c r.r: . • ' r . OF SAID BAKER-CARROL POINT,A DIST or r.O- ' ti • 4 :I : • ON WITH AN AGREED BOUNDARY • �=• • .4!:-�: gi .y r: .. • • • BOOK 68,AT PAGES 235 n THROUGH • 41: i i'•�: +6• ,4► i• r • COUNTY,FLORIDA;THENCE%N.79°1T10'E., + ' �, • . A DISTANCE OF 69.60 FEET; THENCE N.05 !t, • • + • .':r; ; • 1 ;•ARY L1NE,A DISTANCE OF 1417.66 FEET: � N.27°l5'20"W., `,9 c I► GREED BOUNDARY LINE A DISTANCE OF 61 '1' • ,THENCE N • �� DISTANCE OF 2472.71 FEET TO A POINT ON THE 4 Li :' Y RIGHT-OF W * :: OF SAID VANDERBILT DRIVE; THENCE S.02°12 a r' + SAID ' , I ' A DISTANCE OF 1373.11 FEET; THENCE 5.02°12r00"E. .• 3 r►�''w ;.�•. LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEG• r` •, l w CONTAINS 100 ACRES,MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park 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 classification of the project prior to approval of this PUD document was RSF-3(3),RSF-3ST(3),RSF-4,RSF-4(3),RMF 12ST(3),RMF-12(3), RMF-6 ST(3), RMF-6(3),and A-ST. 1.5 1 011: 4368 PG: 2366 1 ,-..., 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No.6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however,falls within the 10'to 11'foot elevation category. The site lies within Flood Zone AE(EL 11')and AE(EL 12')according to Firm Maps 120067-0191D,0187D,and 189D,dated June 3,1986. D. Soil types within the Project include Keii fine sand(approximately 5096).Cypress Swamp(approximately 48%)and Charlotte fine sand(approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County,Florida,issued by the U.S.Department of Agriculture (Soil Conservation Service)in March, 1954. *‘y-1 co1y( 1 . 1.6 o, • 1..•si ) _ +4: !.�r.:.: ,�.t. The Cocohatchee ffr M ,r 1 'r r golf.• ., ,ity with a maximum of 590 ,-.� dwelling units. 1✓ 1 . 1 ., ,clubhouse,maintenance facility, caddie quarters, , 1 ',,r 1 *~. 1`�;f,4. I.T 1 1 , • with the dwelling units. Residential with one another in a MW Ot: . :1 t : sag and buffering and natural setting Q 1.7 SHORT TITLE n�, ,'� This Ordinance shall be ., .1r«t ;. •• •HATCHES BAY PLANNED UNIT 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 in the Project,as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order,such as,but not limited to,Final Subdivision Plat,Final Site Development Plan,Excavation Permit,and Preliminary Work Authorization,to which such regulations relate. .A• .,, gelation fail to provide developmental standards, then the provisions = ., U ` ...III . . - tin the County Land Development Code shall apply. (-.)\,) l� B. Unless • definitions of al shall be the same as the definitions set forth in . Land '. • g 1 -in effect at the time of building of to:bpi permitIli .ted depicting r+estrictians for the vel. . . �''+ ,.. : ! '7 • A )II part of the regulations which govern . *T. - in which the P ■ , l ` eloped. s D. Unless , .. or excepted by O the provisions of the LDC,where applicable, I force and off- - t to the development of the land which comprises per= �IRCk.-- E. Development?mined by the approval of this Petition will be subject to a concurrency 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 permit issuance applicable to this Development. 2.1 n 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 and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or pig. B. The final size of the recreation and open space lands will depend on 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 ESE .D.U's I Squat ' ACRES Residential"R1" _ : • 44.00 +/- Residential"R2" CC 1 i) 'J 9.70 +/- Golf Course"GC' 170.39+/- Open Spy N/A 4 ( 301.00 +1- (Preserve.Lakes and , , ; - 'offers) �•t fj,4, 590 Total 532.09+1-acres E cic&(,. 24 RELATED PROJECT PLAN APPR'VAL REQUIREMENTS A. Prior to the recording of a Record Plat,and/or Condominium Plat for all or part of the PUD,final plans for all requited improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. Exhi bit"A,"the PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval,a preliminary subdivision plat,if applicable,shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code,and the platting laws of the State of Florida. 2.2 Vli: 1J00 rue LJu ' 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 parcel approved for residential development contemplating 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 requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 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 maintenance of the common facilities. 2,5 MODEL HOMES/SALES • ' :• !+*. U Model homes.sales . .,, s other uses :•, , . .A '-' ., -, related to the promotion and sale of real estate such as,but iv,,' to,pavilions,vie. ' 1• • • , gLazzebos,paarkiing areas,tents.and signs,shall be •'� .i.T-1' IT:1 . . .l '1(. 'otet , ' ••' , bee Bay PAID,sub act to the requirements of - 2.. . of,-, Coll' ,Co , , • Development Code and all other applicable seal• �.I= : '• . - i: fin 5 T • • al plat approval as provided in said Section 2.6. , I '‘ li 2.6 PLAN Amendments may . .f', : . to the PUD as ., :., AY . 'er County Land Development Code,Section 2.7.3 2.7 ASSOCIATION OF PR• '':,•' '','f'• R 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 infrastr'uc tture and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association,the Developer has created 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 management of the surface water and stormwater management systems,and reserves serving the Cocohatchee Bay PUD,together with any applicable permits from the Florida Department of Environmental Protection,U.S.Army Corps of Engineers,and South Florida Water Management District. 2.3 UK: 43bo ru: Lslu 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned 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 has 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 Cocohatchee Bay • Community PUD except in the Preserve District General permitted uses are those uses which generally serve the Developer and residents of the Coc ohatchee Bay PUD and are typically part of the common infrastructure -:. unity facilities. /,‘ A. General Penni r it 1, er County Land Development Code, 3. T- sewage , -1 4. - ' _ lakes with ! ,, architectural or structural bank S. Guardhou•--: 2- • ? - ! -•• control structures. 6. Community and neighborhood parks,recreational facilities,community centers. 7. Temporary construction,sales,and administrative 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,fences 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 nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 un, YJvo ru, G ) 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(15') except for guardhouses,gatehouses,and access control structures which shall have no required setback. 2. Setback from exterior property lines-One half(1/2)the height of the structure, minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping-Five feet(5'). 4. Minimum distance between unrelated structures-Ten feet(10'). 5. Minimum fl. - . 6. Mini � parcel area- 7. S' . .laced within required _ �' ��- County cal howev- e ' of req -' "er shall be increased ,7 17. - of the sidewalk,bikepath,or 8. S • or . g, . • i!' • . other land uses where such are nix specified . accordance with the Collier County • - opment Code in of Site Development Plan Approval. 1� \- 2.10 OPEN SPACES REQ i• CLR�� The PUD Master Plan identifies approximately 483 acres included in the Recreation,Golf Course,Landscape/Open Space,Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 Y•\, •WVW • MPS MOW I .• .. it 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. I. Trees and shrubs 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 ' ' ., ., .2. buffer on the west side of Vanderbilt Drive shall include „7-1777?!-'711R77. 1 . -• the view of high iise residential structures I from Vandcrb' �� .?'t cC\2...4 (II) V tVE” ao E C� 2.6 UK; 43no rV tiii SECTION III RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the PUD Master Plan as"RI"and "Rr.. 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+I•acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as"RI"and"'• t6�1".• ,_ Plan are designed to accommodate ' high-rise residential dwell', . *,• . 'r'�,'��+, ', :• adult living facilities, compatible no, -;, -. ; 1 fr-- full range of -7:111. . .1 facilities,essential services,and customary accessory , The are .a r, _: : , the ' IP M ,. These acreages are based on ,■-i■oot+cepdul deli_• '� �,,� .�' ,� opener[tracts will be providod at the ti � r ' j��.R' bdivision Plat approvals in accordance with • ,, . `1� . � �, the Collier County Land -' internal roadways,Development �� .-w, � ,��_�� _�j14:: , , . , Y �spaces,parks and ' , s \ areas,lakes and w ""T?�T _ facilities,and other similar uses found in residential --►17 �0 3.4 USES PERMITTED Pp �.�1� A. �ipal Uses CIE +� 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 Services Department Director determines to be compatible in the"Ri"and"R2"Districts. 3.1 011: 4368 PG: 2374 B. AGRESQUalg. 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as,but not limited to clubhouse,fitness center,health spa, tennis courts,swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing 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 sets forth the dev ,- for land uses within the"R"Residential Districts. � t, COu B. Standards for signs land uses where such standards are not , or within the •-. -- Bay ' ),are to be in accordance with Collier . in e - at ., time of Site Development Plan ap'pr'oval- *thaw . ;r. -. - uired 'ghts,and floor area standards apply to . . , , ; :d . . - accessed aisles or C. Off,., _�, , _ „� �_.._ by parking drivewa are separate from . w ' -mope than one developrineet. A green of not less than ten f 10') ' as measured from pavement edge to pav = ll separate any = i ' +r^7. 'vc ay from any abutting road. D. in the event the •! - . y housing placed in the area between � , Tarpon Cove and - ' t� of 30 percent of the multiple family housing shall be offered to ,.,: ,_ - ', the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 UK: 4ibb !'(i: iii) COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "RI" 'R2" HIGH-RISE MULTI-FAMILY Multi-Family Dwdfup Miutmum Lot Area N/A 1 Acre Misimtsm Lot Width N/A N/A Front Yard-Internal Road •t 0.5 BH not less 03 BH not leas than 25 fret than 25 feet Frost Yard-Accessory Bldg. 0.5 BH not less 0.5 BH not less Wading Parking Structure than 25 feet than 25 feet Front Yard-Vanderbilt Drive BH WA Front Yard-Accvnaery Bldg. 50 WA Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory - ° S ! 10 Mardanun Bids 6 20 r' f 35 height , !,'?., *2 Manes -, Y, OS S 0.5 BH not less than 15 fat Floor Area : A ' i�0 at 1200 SF ki @I$ (Bending Heigh*Building k be the venial distance habitable finished!loorelevation to the uppaana t yi, .jk,oelrat elevation of the Mt(Sam of Building Heigh* . < O of two adjacent of determining seam*requirsennes. AN distances are in feat mks otherwise noted. i C •l Front yards shall be manned as follows: A. if the prod is served by a public right-of-way,setback is massed from the adjacent right-of-way line. B. if the prod is served by•private toed.setback is measured from the back deaub(if curbed)or edpa of pavement(if not cubed). e2 Bolding height for the north property line adjacent to Arbor Trace in the"R 1"tract shall be IS stories fora maximum height of 150 feet. +3 Where WSW with a comma ardatediirai thane am angled.skewed or offset from me another.and walls me not parallel so one another.the setbacks an be administratively reduced. 3.3 OR: 4368 PG: 2376 '� SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas,golf course and recreational facilities. Except in areas authorized for Development,all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMTI TED USES AND STRUCTURES No building or structure,or part thereof,shall be erected,altered or used,or land or water used, in whole or in part,for other than the following A. Permitted Principall �r 1. Golf... , !! .,. golf club faciliti .' quarters,clubhouse,guest suites, incl •• , ',, . , : . fclubhouses. 2. Pro - „or ma6, ,' Jiro cen - lkr. 3. -tip:-, , , •. .. , and ponds,water and treatment plants, . ' "'ties and pump buildings,utility and , '1';, - staff offices. j- rQ •4. Any . ' - .*�'. use which is - L, ;. a in nature with the foregoing uses and which the '-r,,_ _., _. s- ► , _..,• determines to be compatible. I e1'i B. Permitted Accessory Uses ,, `- :-. s 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops,practice areas and ranges,golf cart barns,rest rooms,shelters,snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel,such 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. n 4.1 VA. 7JUO IV/ 6J11 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,bi7keways,landscape nurseries,gazebos,boat and canoe docks,fishing piers, picnic areas,fitness trails and 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. 43 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet(20')from Golf Course District boundaries and private roads,and twenty-five feet(25')from all PUD boundaries. B. Accessory • .: , ' • • • of ten feet(10')from Golf Course District • • ,, • • : k . , feet(20')from all PUD boundaries and residential • •cO C. Lighting n • .• ••-• will protect roadways and residential PITT- -- • • • . . , :bi• interference. D. Maximum heir, ,, py 1. �', height of 20 feet. 2. C' . ► - • tummies • or " 'mum height of 15 feet. E. Minimum .• between principal s feet(10'). F. for the .• twirl ; I be three spaces per evety one thousand (1,000)square feet 7777, r ;,*�rhr.: shall be considered inclusive of the required golf course parking.prov •:-. • . ••urse and recreational facilities are private. otherwise,applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S.41. H. Standards for parking,landscape,signs and other land uses where such standards are not specified herein,are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, requited yards,heights,and floor area standards apply to principal structures. 4.2 vn. 'WJVO rv: LJ I 0 SECTION V PRESERVE"F'DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems,to allow for restoration and enhancement of impacted or degraded wetland systems,and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents.' 5.3 USES PERMITTED \ ,R pUIV- No building ors t ). -• ,shalt be -- -. tered or used,or land used,in whole or in part,for other owing: A. Principal 2. Bi • . _ . nature at 3. Golf -"' a are permitted in 4 fi outside the limits of the bald eagle . .P ; i 4. Wildlife a a wC 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 VA: 1J00 ru: LJ17 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 32.8.4.7.3.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 of such 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 similar 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 preserve boundary. B. Maximum height of structures-Twenty-five feet(25'). C. Minimum distance between principal structures-Ten feet(10'). D. Minimum distance between accessory structures-Five feet(5'). E. Standards for parking,landscaping,signs and other land uses where such standards are not specified herein are , `•). with the Collier County Land Development Code in effect at A'� ; •'"'h�7� i-. Plan approval. Unless otherwise indicated,req 1� ghus,and • , r. - i ' apply to principal structures. 5.5 PRESERVE c ' • , , TIO : ''' A non-exclusive -. , , ,r r. '- County Land Development Code,Section 3 ri f. T, , they r - 'c t. In addition to Collier County,a , ..,i.- 4•,•�,t 'r • .uiredbyotherregulatory agencies;with ' '> , over Preserve Di- 1`. ,, - ,iron to complying with provisions of the Collier Coun , . Development •.71 , shall be provided in accordance with the tams set f, 7r, applicable permit . other agencies. The Developer,its successor(s)or assigns h . the Master .-6,47'17 , - Association shall be responsible for control and main , . ►- .fg a �� a District. 5.2 n UK; '30D rt; LSoU SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans,final subdivision plats,and all applicable State and local laws,codes,and regulations applicable to this PUD. Except where specifically noted or stated otherwise,the standards and specifications 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 in this document. The Developer,his successor oc ••• •flow the Master Plan and the regulations of the PUD as adopted,and any • ` oos, • as may be agreed to in the rezoning of the property. In • •'.re • uccessoror • • title,is bound by the commitments within this agreemen CJ 6.3 PUD MASTER ' - A. Exhibit" Arf-41 .*-. v T • . . , _, development and is , ! LM•—• • . • 1 : ,.. ., •• : our special land use . , , �l''t!�-�_ «. . , �!!� y be adjusted during the platting or site • 1.4 plan approval •, • -Tr the provisions of Section 2.735. of the Land r • • Code,PU s u' T? be made from time to time. B. All necessary '' . dedications, • • ', ' -• • shall be granted to ensue the continued • .-• . ;.7k;• .t- _ _r •s, ,• ice utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements,subject to the limitations of PUD,Section 6.3A: 1. Reconfiguration of preserve areas,jurisdictional wetland limits,and mitigation features as a result of environmental regulatory agency review,as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes,ponds,canals,or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County 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 vii. 't vo ru. LJoi 4. Internal realignment of rights-of-way other than a relocation of access points to n the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6A SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar yew 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 200W2001. Marketing of commercial and residential sites and golf course memberships art to begin in calendar year 2000,and are expected to be concluded in calendar year 2010. B. Monitoring Report An annual monitoring report shall be submitted pursuant to Section 2.7.3.6.of the Collier County Land Development Code. C. The Cocohatebee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the • •+ , • 1,`—• • • j 6.5 POLLING PLACES G0\-) Pursuant t o Sec'• • 6 1.r, i•-•• w +.-, • • • t r• • , • • "sion shall be made for the future use of -1 , -wi •• • a :.• • • •' •lag f• the pu .. -of acconimodatrng the function of an electoral 1'•: 1 iisioi An agreement 1l1 .1 ' R i_ ........ : . 1' . _ of the Circuit Court of Collier County,which • 1 !I 1 I .1 1 _ upon any ••, 1 , ..- ' 'S` interest that acquire ownership of such common ■1 associations,homeowners' such common -� � 1M,.1''• _,but not limited f .•f •! •... I • associations,that =I � ,. • • • • facilities may:'' �;-•• ••? electoral polling place if determined to be necessary by Xs' of Elections. 6.6 SUBDIVISION REQ 1.+ I.i y ,i`,;; ,I: • I DESIGN SUBSTITUTIONS A. Sidewalks/bike paths shall conform with Subsection 3.2.83.17.of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.16.5.of the LDC except as follows: I. Cul-de-sacs and local streets less than one thousand feet(1,000')in length art required to have a minimum filly foot(50')right-of-way width and two ten foot (10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot(50') right-of-way width and two ten foot(10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 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 criteria are met. S. LDC Subsection 3.2.8.3.19.:The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting,striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet of both entrance road intersections which shall be 40 feet. V- •tIA,. 6.7 TRANSPORTATI• C) A. The r - • : __contrib '• i toward the capital costs of any traffic s ,�:' ,,,� a. by County .Engineer. , . , �:, F,�� !�►, .owned,operated,and maintained by Coq• , i; - level street lighting at all Project accesses , , !' o ,, a «, _ . : . , . fora building accessed from a Project B. The ' - • T that Collier County the right to disallow developer improvements ,1 ' ,.t Dri ar'"r Livingston Road,and/or Wiggins Pass Road rights-of- r ict with or negatively impact public roadway,drainage,or utr armed as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title,when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way 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: 1300 ru: LJ03 D. The Developer shall provide additional right-of-way in fee simple title,when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access "---\ points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering,Inc.do not show required right-of-way for right turn lanes for this PUD,but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary,along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along Wiggins Pass Road 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. F. The Developer • . •,• • -' •*. I .,: -of-way in fee a title,when necessary, along the PUD'. ► • • • • • , for .• :I eat Livingston Road between Vanderbilt r - .:; U.S.41. The V : r' r►. .UD directly to the north of this PUD has • -••- i • 67, - • '_ t-of-w k along.t, . , I property line for the future East/West • . -,• .. le f—- . right • -w: along the northern property line for future *:� . • • . ._•1,,,,,,,,,,.. .•ti.....•".. led • the County. Such required right-of-• ay +i for blic roadwa•• , 1.`51. r `; . - . i►. i .. shall compensate the Devel• • -, 7 '1 " • �'-' y • .,:• on . . .,, land appraisals of the fair market value • -• • Is value prior to ,• • •, o • - li a. The right-of-way conveyance shall occur a t •• :r; n e s t e d . ,0 1 VV l G. The Developer • :'-:.•• and pay • • -• road improvements to Vanderbilt Drive that will • • • ':• •• '4, (this includes turn lanes and other improvements such as �T:. ''• improvements are made prior to the construction of the County's Vanderbilt Drive four-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 include 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 construction costs related to access for the Project. 6.4 1 UK: g3O0 rlt: Lai H. The Developer shall meet 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 stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 1673'right-of-way reservation. I. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. • J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive,the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: ,& C0U A. Water distri 0 1. collection A ' 'on lines to serve the Project are to be designed. «. ,<-• .,:_• conVeyed,and/or o +=t! ,• • maintained in accordance with Collier • • • o.97-17 as • -• and other applicable County rules and regulati• . B. All • , , ,-• • cllection facilities to be , , . be billed bC. The on-s distribution system IA 41:4 ,4,: •ject must be connected to the District's w --��,,.��and must be consis -. the main sizing requirements specified the 't 117' Plan . �� • throughout the Project. During design County * •1+' gh Joe ng gn of these facilities, •: fi , • .i I be incorporated into the distribution 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 phase of the Project. 6.5 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 easements as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Water/Sewer District for ownership,operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility casements 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 rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Water/Sewer 1' - • • .1 'p,operation and maintenance. All sewer facilities M/ t 1 M,_• - "•��, 1 not required by the County to be located within utility � 1 be i-•• . . - _ and maintained by the Developer,his assigns or „ G. All _-*flesh t ns 1 proposed plats,if applicable,for the , 1 s !.. . v.,. , : . .ved prior to connnencernent of construe 1 on. 6.6 UK; 't3oo ra; L30o '~ 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State 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 areas shall be designated as conservation/preservation tracts or easements on all construction tion plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes.Buffers and setbacks shall be in accordance with 3.2.8.4.73.of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlsmds and surrounding buffers •,-4., . •a • •' in Conservation Areas which shall be platted. - moni � _ • a a •a tenance(exotic-free)plan for the site, D. An exotic _ • � v shall be submitted to Current with cmp a ,-._ • . ,1 consen►ation/presenr ,ens , � , Planning a v', • •- :i e t a, ' and • • •val prior to final site plan/construction plan •val. E. Pcti -, - ,r a a )1114, a'1 , _'. -, , ;. of the U.S.Fish and Wildlife - ! t!� 7 .life Conservation Commission • ife species. Where protected species • • -a on site,a Habits �"' Plan for those protected species shall be submi a - 'J ,a,a i a'I : Services S- •n a• t? review and approval prior to final site plan/ • ' ' a i a approval. A Bald r , : :ement Plan and a Gopher Tortoise Management P F`'' , ' ,'. 1 CIR F. Any amendment to the : • : 'anagement 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 construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 VA. "JUG) rU. LJO I C. The Developer,its successors and assigns,shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site,including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes 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 course of site clearing,excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County - • - • Department artment contacted. v y • R CQU 6.13 ACCESSORY ' e w ' " � Accessory sou , • L -.., t •• -• y or following the construction of the principal s' ti 3Tjjjjjj .. .',`"i 1,, +. trailers,marketing facilities, : ' ! using peeled cantractars , � � • -� �� and utilized d the of Project Bevel , -, .'•• acti �7 , i are accessory to. T CIWC 6.8 UK: CM t".: LIN 6.14 SIGNS 1. SINSIA 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. 2. getrance Sians A. Two(2)iii. = '+ , .,It -.. f• 40 square feet each or one(1)sign with a maxim ', y- •s 1" square -- , , permitted at each entrance to the Devel. , � - B. -, '4W," .__, height • ; --' (15)feet above the lowest .. , right-of-way to the uppermost , '\ C. - Y,V, . (01.10 u„1?; i`i-. Is;44/ts are shielded ina manner which pre a I- -. glare into the •,, , u sing the adjacent streets or going into , .. t residences. - ,Q yp 3- P02i2212801 ? rE Ci9 A. Project signs,designed to promote the Cocohatchee Bay Project,or any major use within the Project shall be permitted along the east side of CR 901,the north side of CR 888,the south side of Livingston Road Extension 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 the finished ground level of the sign site nor may the overall area of the 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 90l 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. "JIM rv. 6J07 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. 6.15 LANDSCAPING FOR OFF-STREET 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. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land • Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material,then its off-site disposal is also hereby permitted subject to the following conditions: A. - :,.�, , R'� 1 .. the definition of a"development develop exca .. .44.ursuant to Division Land Development Code whereby off--to -.. ., . 1 be limited to �• ,t(to a maximum of 20,000 cubic ) s vo ume <•- ated '.. ss commercial excavation permit is B. A . „ , S �, .livble. oar �0. c 6.10 o © 00 ,.... E ,1 11 1 .. ....c, ..... ,. ...,, ,:. .... ... 9,, ,,, s.r,, CI CI I 0 Z 1 k : cl iiii:iiii1;,:.1::.:;;;:;:i*Kii:;,:,::;:i:::iliii:::;. ..... hAl",‘ .*: • - ' \ k::::;::: :•.•:• • •: . . • ' . i ce._0 4 _ 1:::::::::::.:::::::::::::::::::::::::: •..•...•. • t_il•t•!^^' .a ice+ �� r..k ,._._w:f .iiiir..._-,,verJen?, 't'i\_,,, k i__1(:ft1:2.srl, 7- jilt 1 -;' ,,, pr, 0%,rY,.-0:::r 'pi 0.4- i ft.1/4-1,;,."1 ( ill 1,.. i.mki:;:10,04 .--•—__* . 0 i 1 ` 1 1 0 ' ' t _ EXHIBIT "A " g COOOSATC EE HAY a, 0e-29-00 pRojEcr Ma: 80205 PUD M .1$PLAIN VANASS C•DA YLOBv. i f-or, ,..a.x..a►ei.y I COIDTO Pert,e•• IN . .. SCALE: ?tES. AwD Ma egos-ruw UK: 4ibU t'ti: Z.J 1 1 0 0 ,,ii! 11, 1 41 .'1 1 i ; ;Nti , 1 ....p, ..., , i .1. ,:t 1 ... _, s , • ::31.j .•••:•:••: ■:::• •:•• •••••. r ••• •a: • ....:. ..:::::. . .\ , 1/4) ■ 4 V Al i I/ ••::::::::.::•?:::::::...•••••:.•:•;.•:.•.::;•...••••••311r.'. �nrr_,r f -/uv .711 7 ra:LiMPLZ...■orro....APinnapiwin7 ir, iri,..,........,/, , (-) .A II'I . . - NMI--"''"21,fratiffAc) r-' 1 lit kk, ., ,,,, ,,, . 1 .0 . . 111" ÷ + �� fir ,Iy► xl IN' PA, 1-L. ,_( -‘,.-_-•*‘v. A!1 1 i Pi 0 -_-� ®ti,c I II� I i I 3 4 ri aE 0 ii I II ‘.__ --: z EXHIBIT "B" UOA70IIA1�CB�B BAY am 08-29-00 PRC ELI WSJ e0205 PUD MASTEDPLAN [ � OIt +aw r,--06—GO �Yt18 EAGLE ZONE ME'RU `( l �i am„....s M Mr Acw Na 80205-AtrOlu► OR: 4368 PG: 2392 Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8,16,17,&20,Township 48 S,Range 25 E.Colliery County. Turrell&Associates,inc.August 2000 4.0 Bald Eagle(Hallasetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan 1 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 already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest/mangrove swamp.The birds have an open view to the water over the t• .: : , - •• - groves to the west. Almost all of the established , • -1,, - t,IT and Vanderbilt Drive have died, mostly due ii �, = art :4 - c property several years ago so the birds = • A = a relatively unobs n = of Vanderbilt Drive. Due to the •• • ,• - it is not : 1• = , :t the eagles will continue to use th = = -•'. • e of • = ars at the most. It is more I�Cely at , 'R destroy the tree supporting the - r ! it • •' - - where the eagles will try to co . , r is •-1 - • *fic observations w ere made dud • 1~ . - 1`,: . f • -, • ►n flight patterns and feeding beha • . nd the nest = i • • : ,*: ^ showed that flights into and out of 1 were predomi =' � • y • 1 and south-west from the nest tree. ral other dead pi the nest served as perches for the • : = •;y the nesting = =�: effort was made by the parent birds to .. ,.,'., y= :. 0: • to the existing marina early in the 499-`00 season, . , -a : .*- i • - 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 tail a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet i 1 % n: 1Joo rv; 4.373 Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8.16.17.&20,Township 48 S.Range 25 E,Collier County. Turrall&Associates,Inc.August 2000 across and 6-8 feet deep,lined with soft materials. Most commonly, living pine or cypress trees are 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 6 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 sites 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 availabi • = •►nity and how well the bird can see it,thus perch sites are . •lt' r . -• by an open area such as river or lake banks. 0-\;, . . Asa top • • • = = • - are vulnera e • , = build up of contaminants in the • • ., _ - r , • was :- - : y affected by the use of the • : : , - ►, . • • -n • •: • reproductive success by : . ::'rT ZAT* : ..thine •r, " i ,„ Ing are on-going concerns. Mu e !�►, ��!!! , . • has been shown to Mad F•. tr1t. ;, ut� :<< ,� ��li-� . • _�.. .1711!- .-, = �� temporal isolation from the nest , ,- • feeding areas : - . • . • of species management plans. o Given the • requirements • , = - •• • •'•-- success of the eagle, an overview _ - ; • • ' -, • , , - project site will allow continued habitation is • • • - •►• : (WY- 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 site conditions or management techniques change to allow it It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to 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 ,..—■ un; WOO rv; LJ7't Bald Eagle Hanel Management Plea COCOHATCHEE ,—. Sections 8, 16,17,&20,Township 48 8,Range 25 E,Collier County. Turrets&Associates,Inc.August 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 proximal 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 into 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 circumstances of the site. There are no existing living trees within this area and the binds 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 , - ;y ,- have shown that these snags are not utilized by the ._ -` ', fr ng. Also,flight paths into and out of the ,4,11r, ,-. in - . - • • - direction and not over the area • • =$0, • 1 mpacted. A N • iving vegetation will be planted betwee •• : _ - and [ = n- , si = to block views and sounds of the • • - s = �'on would result in a buffer of app • : n= t. A buffer of 750'would be ma r ti4:41i- ' �" . the nest, and no impacts are . • . .._ _ . . _ , I _ ,, Gu of Mexico. ..I�' .ie.. -.MI. To ml ►,, .- disturbance dud . i = ,- , nesting period, a greater buffer a' = . 1500' in r: •; -',` . • . ed and maintained during site •• = activities. No .-• activities will take place within the 1 I 1 `. ,' = during the :-,` • -riod which runs from October 1 through May • 41E cws 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 appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. 3 VA; WOO ru; LJ7J 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 copy of: ORDINANCE NO. 2000-88 Which was adopted • . fit " • - •unty Commissioners on •the 12th day of Dece. • 000, during -•c =r Session. WITNESS my h an. t. 'cial seal of the Board Ai t-- County Commissione s C. l e • t3 , `-' Tr da this 15tk- da); ......1 '� fe of December, 2000. - _.-.= r =,- -' Iii?'. s ?'k of Courts and C1etk • . Ex-officio to Board of : : - • County Commissioners ; •• By: Ellie Hoffman, Deputy Clerk _ . . - ' ' : ' . ' fullimm........v - • COCOHATCHEE BAY f A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED f UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE . -.7 �° ,1 ARE�D • � :.! T PARTNERS II. ■--.. C 0 1P. ! I, V , ,. PREPARED.'. : `. 0 PMS,INC OF ' ►=' C) •-1 ,. ,*.rii*$' 1 .4. i DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE • 1214 00 SETTLEMENT AGREEMENT AND RELEASE DATED .2008, • =A= , It 2,to Settlement 2128/08 A and Release 2128/08 revision 111 . _ i. 1 1 utc;. 't)oO ru; L J2 1 III— [.... i ' INDEX PAGE List of Exhibits and Tables II P. Statement of Compliance HE 36CI1ON I Property Ownership,Legal i I Description .l SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 I SECTION N Golf -' •-'�''r, . 4.1 L i SECTION V 1`�, 5.1 f SECTION VI , _� ,**^ . r.: 6.1 4. 1 H t ! CC 0 �- ,.._, ,,,,,, -4, ,...0 ; , , ,., : „\ 1 , E C,RC' . , I 2128106 revision .--- I z ._. . _. _ _ . .. . . _ .. ...__ . UR: 4ibd PG: 1398 r.,......,....... ..._._ _ I EXE�IT"A" Amended Planned Unit Development Master Plan EXHIBIT"B" BXEI Brr"c SdallIGISASOSIMMillarklin _ TABLE I Land U -:- + , �� TABLE U 4-' .,,, Standards 0.�, i.ti .;t . LingiUMMULAHRIABLE T�IBBI !Y &" ,÷ c, . 0, • ,,,,,, _71-„Ec., . , . II 2t28/08 revision l i -.. . . . -• . UK; 't300 rte; Lsyy n STATEMENT OF COMPLIANCE 1 The development of approximately 532.09 t acres of property in Collier County as a Planned - Unit Development(PUD)to be known as Cocohatchee 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 Cocohatchee Bay . Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact an those facilities via payment of impact fees. 2. The Cocohatchee Bay Project a, , i, ' • and complimentary to existing and planned land uses in the '`�'i'*�a * a transition area which low-rise residential • - ,+' `•Maud high-rise , , :7r7",` ) development. includes 3. The subject . . _ ., a , . to -. rating . . -• community facilities and services • _ • M •. ,, 1, , , .,,,, , , - - in Objective 2 of the Future Land - :+ _i i^.1 i 4. The ° - ' • �, ' , , . and . . ' v - ' to and future surrounding land , - •, required m of •= un. 'UUU 1 J, L'tUU i 11 i The PUD will utilize a total of 590 units on 532.09 ± acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element 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 Land Use Elearent. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.11 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 areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to . . . Elie-Fiat daerei the Collier -, I•;' ii , .;,, I Coco(LDC)• and Release. :iii :1•.,i n -11. • 1 4J.A. made �I l ��ai, -'i aW 4. agreement 1 Thta_PUD pnrsnant i��• 11,.1 9,. 1 • 7 I-s> isms �11 . �1� -I �1 I �1� � � the ••'ns-�` I --u -i 1 and Release are tun, , ,, 44, ; ,e, . . ......,..b 4 1 41--E C \\,. IV • .•••••N.•••••N 2128108 revision r rI - ux: 4ibU !'G: Z4U1 II - I ' SECTION I PROPERTY OWNERSHIP&GENERAL DESCRIPTION 11 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. . L2 LEGAL DESCRIPTION MIMI TIIB SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 BAST, COILENt COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,SAID - •L• RUN S.88°24'40"W.(SHOWN IN ERROR AS S.88°26'40W. IN 0 `i e4. :• 6G l• • 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. - . , � . •.R. BOOK 218, PAGE 484; HEREINAFTER « :r•it - « • :.•• •l: •NG THE SOUTH LINE OF SAID c • I ' l . .�• TIE ' :' :+ OLONGATION OF SAID SOUTH LINE, • :;: 1 .•N WITH AN AGREED BOUNDARY 1 : f;• 0 =1 i. • .•.•�}, a GES 439 THROUGH 447 (SURVEYOR'S • ,' '!,T . 692 AND O.R. BOOR 218, PAGE 484 1 P 'I : : ,-' : fl 1• •Y LINE IS FOUND IN O.R. BOOK 68, 7■c . _., .i_ :r .. c, ,i r. t CB ARE IN EFFECT THOSE • « :�• �� LATER EX«' 1: OF V I 1 DEEDS O.R.BOOK 87, PAGES 439 L • II 447), OF -•r •. , •• «•RDS OF COL UER COUNTY, FLORID ,4-v:1 v «: RUN N.2 1ti`' •NG SAID BOUNDARY LINE, FOR 300 m+ !a CE RUN N , ! ., ALONG SAID AGREED BOUNDARY LINE, -• :•: :• .• •OR AS 961.30 FEET IN THE OFFICIAL RECORDS); 1 ,, .+' t +) 1 I 1"W. ALONG SAID AGREED BOUNDARY ME,FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS);THENCE RUN N.22°31100"W.,(SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8;THENCE RUN N.0°08'5311.(SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00100"E.,FOR 815.68 FEET,TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°1220•13., 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 1.1 2/28/08 revision I • .JWY iv• c.zva. .• THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. TG NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). THAT P�OF TIM NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S.HIGHWAY 41(ALSO KNOWN AS TAMiAIVII TRAIL). =Cal THE EAST 1t2 OF THE N• 140(1.9.;„ v 04110 4itiv • 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST, ••; r+' ''•'• e -► CEPTING THEREFROM THE SOUTHEAST 1/4 • v SOUTHEAST 1/ •,' .4 I: NORTHEAST 1/4 AND EXCEPTING :''� �' ;r)„ 00: RIGHT-OF-W • • STATE ROAD S-865A (VANDERBILT ► . • , '► ADD:"• :I:, = • BY ACCRETION OR RELiCTION, ► - ;' 1' .py•► ► LOST THEREFROM BY SUBMFRGErN«: • ' :' ► PARMA BEGINNING AT I SOUTHEAST CO''1,'o' • `v ON 17, TOWNSHIP 48 • SOUTH, RANGE • , COIL= C• `i " li- I•A, RUN N.89°54'20"W., ALONG THE SO : OF SAID : - A • ' 283932 FEET TO AN INTERSECTION ' i eEED REED BO 1 r �'l 1: AS RECORDED IN O.R. BOOK 68, PAGE 235 — �,� ' '':' ► ;LIC RECORDS OF COL I.1 COUNTY, FLORIDA; -' . ••1 I ` n s 1."E., ALONG SAID AGREED BOUNDARY LINE,FOR 1298.70 FEET(SHOWN IN ERROR AS 1300.00 FEET, IN O.R.BOOK 68,PAGE 235 AND OR.BOOK 167,PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LiNE, POR 800 FEET; THENCE RUN N.05°00•00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'401E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR • 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LANE 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°26'00"E.(SHOWN IN ERROR AS S.0°26'00"W.IN TIM OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING 1.2 2/28/08 revision • --•R---- - — - u 'no rui 4 ui • THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4,(2)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,(3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 34 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 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 L NE PLAT BOOK 1, PAGE 7,OF THE PUBLIC RECORDS OF COIL=COUNTY,FLORIDA;THENCE RUN 5.41°11'03"W.FOR 133.10 FEET,ALONG SAID BULKHEAD LANE;THENCE RUN S.0°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'1813.,FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS o, . • ADDED THERETO BY ACCRETION OR RBIIC7TON, AND 41` f",•+:;,, j► LAND LOST THEREFROM BY SUBMERGENCE OR :1• • + ?, THAT PORTION ", . '1: •' .l:+ , •F THE -O I 1: I/4 OF SECTION 17, TOWNSHIP - • r _,..f.1;,, y w• 1.1. COUNTY, FLORIDA, DESCRIBED . '�'i r: 0,41710-.177 it • BEGINNING AT THE NORTHWEST •• • ,•1:�• OF • ;:+ ) • 1. SOUTHEAST 1/4 OF SAID SECTION , • r: : . J :!• ALONG THE NORTH LINE OF THE t • +' 1/4 OF THE .�� j '. / OF SAID SECTION 17, TO A POINT • F'` `: BULKHEAD . `'iiI ON PLAT THEREOF RECORDED IN B► 4 ; • LANE PLATS ,. AGE 7, OF THE PUBLIC RECORDS OF a,* 'i , FLORID fie,:' 'CB RUN N.0•26"00"W., FOR 100 FEET, ALONG S 1, ,': .: :�4,Z,1:;:4 CB RUN S.89°40155"W., FOR 560.23 FEET,ALONG SAID .' 7 =1: _•1 . s' , TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST' 1/4 OF SAID SECTION 17; THENCE RUN S.0°2514113., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RE UCTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. P BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89'5220"W., ALONG THE SOUTH LINE OP SAID SECTION 20, FOR 2053.75 FEET;THENCE RUN N.00•14'001'W.FOR 1698.91 FEET;THENCE RUN N.54°4752"W.,FOR 399.32 FEET, TO AN INTERSECTION WII'H AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°1T10"B., ALONG SAID AGREED BOUNDARY TINE, FOR 69.60 FEET; THENCE RUN 2/28/08 revision 1.3 1 ' - I . N.02°59'30°W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°1520"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET,THENCE RUN N.05°3750"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF 1 SECTION 20; THENCE RUN S.89°5420"E., ALONG SAID NORTH LINE FOR 2839.52 FEET,TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE I RUN S 02°12WE.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R.BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. 1 1 PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. • AND LESS AND A•«:' ;: ,c ; r.� e" - AY OF STATE ROADS S-865 A I (ALSO KNOWN AS ► '•:,� ; � �'� • 5-846 (ALSO KNOW AS BLUEBRL A :( :I AND LESS AND •«: •' t^�• •i■r° ' c 1) �+` I: . ' _ PROPERTY: ALL OF ' • I,f c�""►1 , �5 r. �""4"74 !• • u •N, ACCORDING TO . THE PLAT 1: + • 1 T,.„,,, . .' 4 0 AT PAGE 81 OF THE PUBLIC •• :� I :. . 1: . .•. I._ , :.. •, I ° ALL OF WIGGINS PASS LAND I c,: J I NO.1 ACCORD I . TO WI, THEREOF RECORDED IN FIAT BOOK .,. PAGE 44, OF RECORDS OF COLLIER • FLORID '' G MORE P ' �1 �'� .,ESCRIBED AS FOLLOWS: COUNTY,PIA ,,,�� . BEGINNING AT I: ti '_I: ••' I a' %'' Ti 4 OF SAID WIGGINS PASS LANDINGS UNIT N• `� = 4 «: N.89°5220"W. ALONG THE SOUTHERLY LINE OF S i Al.E ANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10,BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15'1E., ALONG SAID WESTERLY LINE,A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE 5.02°1r00"E.A DISTANCE OF 163.77 FEET TO ME NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID i WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.87°48•00"E.A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 1.4 2!28/08 revision --- OK: 436E PG: Z4U5 5.02°12'00"E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THB 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 N •.1 ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR REL.IGTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM.BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE -• • ' Al c DESCRIBED REAL PROPERTY: A PORTION OF LAND d• '0 R jam. ; ,, OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE ti OF COL L= • `' , FLORIDA, BEING MORE PARTICULARLY • 7«•4 FOLLOWS: j COMMBNCIING P31111.111111111111110 E'_• ' • ,1:+• •-- •I: SOUTHEAST 1/4 OF SAID SECTION �,+ ' • ; ,�v, << ' '' :!: EASTERLY LINE OF SAID • '1: j '•�.•-t 1' ' :A 1:+ CE 5.87°48'00"W A DISTANCE OF `+ P I :,:='# • '.11"-•'�,r-ON • -+- 'i +• Y RIGHT-0I-WAY Imo%LAVE OF V • :,,,,i1:1,1 T DRIVE, A 100: 1 • • -OF-WAY AND THE NORTHEAST •• i.. OF LOT 1 B • A- PASS LANDINGS, UNIT '. NO.1,ACCORD' c • I: PLAT •I:+• :•;- •i`,+,, :t• IN PLAT BOOK 10,AT • PAGE 44, OF THE • • : ••RDS OF •4%.'3 COUNTY, FLORIDA, TEE SAME BEING THE • • T`4,44 :_' '_';4 � • i: PARCEL OF LAND HEREIN DESCRIBED; THENCE S. ' +l►' ''•; ANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID a 1;THENCE N.02°12100"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°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°2615"W. ALONG THE ; NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT,A DISTANCE OF 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'1013., ALONG SAID AGREED ! BOUNDARY LINE,A DISTANCE OF 69.60 FEET;THENCE N.05°9'30"W.,ALONG 1.5 2128/08 revision I I _ -. I , 1-7- SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEIN; THENCE N.27•1520"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEEL THENCE N.87°48'00'13.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LNB OF SAID VANDERBILT DRIVE; THENCE S.02•12'2513.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 i FEET; THENCE S.02°I2�00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 MET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, ' MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by Ai..Dougherty Co.Inc.,a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County • • , •, • by Tarpon Cove PUD and Wiggins Bay PUD,on the South • ,, -,i, ,,'- � . , , the North by Arbor Trace PUD and the Retreat PUD. 1, 1.1. B. The zoning ., _ ':• i • the project prior • • • • al of this PUD document was RSF-3 (3), '+- -- F-4 , ' 1- 12ST (3), RMF-12 (3), RMF-6 3),ir i:! y 1J •' ' 1St t , ' A. The ' • , within South - •; • ' der . i 1 :-,1 i -I District No. 6. m. Drainage , .n7., property will di -, 4,- , , --Bay , nit- B. Water ,i i lities for the • „ -;- • - designed and constructed in order to introdoce7,�,,,�� , ,. i,., , •, � wetland areas in an attempt to assist in the restorationM•4• 11:2 . -, • • , and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however,falls within the 10'to 11'foot elevation category. The site lies within Flood Zone AB(EL 11')and AB(EL 12')according to Finn Maps 120067-0191D,0187D,and 189D,dated June 3, 1986. D. Soil types within the Project include Iferi fine sand(approximately 50%),Cypress Swamp (approximately 48%)and Charlotte fine sand(approximately 2%). Soil characteristics teristics were derived from the Soil Survey of Collier County, Florida, • issued by the U.S. Department of Agriculture (Soil Conservation Service) in - March, 1954. 1.6 2/2818 revision I Vi%• ZVVV ev• "says L6 Millapinianal The Cocohtchee Bay PUD is a residential and golf comic community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screwing and buffering and open space. L7 =KM= This Ordinance shall be known and cited as the "AMENDED COCOHATCHI313 BAY PLANNED UN .DEVELOPMENT ORDINANCE," • R CO& 11) /.."( TtftECRS 1 1.7 2/28/011 revision i I T , T— 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 in the Project,as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the gam,Planned Unit Development doamxnt, and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development cavation Permit, and Preliminary Work ! Authorization, to w• -: ► �: , Where these regulations fail to prov '! • of the most similar district dove' , �. , {; ,� , , ;1 ,• in the County �! 'f. - opment code 1 1 11 - 1 41 I Il 1 •,-- of al 1 I I � be the same as the B. Unless - 1;1. y l s , i u U; 1 1 ►- • • 1 1 -1 Code in effect at the time of 111,/ 1 1 'r C. � ". 1 .•i� V'1.r.'•� �,, , 11__11f .;�� "11 .1 g restrictions for the '� 1 -1 of the 1 1 - :ay _42J shall become part of the regulations •. govern the • r� 1 1 t, c ► site may be developed. D. Unless •• , •71 -, -1 or excepted by ,1 0 ►, the provisions of the LDC, where applicable, . 11 • , t-- with respect to the development of the land which -,•`+7Ii1► E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of . . . Faailidekef the LDC at the earliest or next to occur of either final SDP approval, final plat approval,or building permit issuance applicable to this Development. 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 Amended PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table L The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. 1 2.1 2/28/08 revision uK. g3oo ri.: t v IT." B. The fiord size of the recreation and open space lands will depend on the actual 1 requi for water mana�oeat facilities,golf course layout,roadway pattern, and dwelling unit size and confgu ation. COCOHATCBEE BAY LAND USE SUMMARY TABLE I MAXIMUKLAND USE IN ENS1TY SUMMARYNAL D.U.'s 1 Sonars Footage• R�eaideautial"R� �480 53.74 -4- i Aeaidsstisl��„ ► Coo 9.78 i/p�'� 0A ?� 17039+/- C1 Open Spy 308.00 +/- J B.„`1 tic, IS _ Todvl 532.09+/-acres rte i �tsrr • 2A R�A1� I r ,s APPROVAL ' T� 1.4 A. Prior to the recording .,s '' f` . •- Condominium Plat for all or part of the PUD, final plans for all -, ,,, - improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the ; Amid PUD Master Plum, due Collier County Subdivision Code, and the ! platting laws of the State of Florida. B. Exhibit "A." the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable. shall be submitted for the entire area covered by the A PUD Master Plan. Any division of property and the development of the land shall be in compliance with Divisien-�-ef the Collier County Land Development Code,and the platting laws of the State of Florida. C. The provisions of Division 3.3-of the Collier County Land Development Code, • when applicable,shall apply to the development of all platted traces or parcels of 22 i ! • I ' . . I I I h land as provided in the Collier County Lank Development Code, prior to the issuance of a building permit or other development order. • D. The development of any tract or parcel approved for residential development • contemplating 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 requirements of Divisive-3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final prat for any portion of the tract or parcel. E. Utility,road,public and private its shall be established as required during the SDP aad/er plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual ' maintenance of the common facilities: 2.5 MODEL HOMES/SALES ► ''t, C U T Model homes, sales . • '� other uses and • • related to the promotion and sale of real estate 1 but not limited to, pal 1 ' viewing platforms. gazebos. • parking areas, I-i'1 •,I •1 _:-,• . •,• ,; • - • I'' -1 • ,, . uses t�ngbou t the C^ocohatohee Bay •• r , 1'_' f. • ., . - -- Collier ■-/�,,,. Land / 1 1 it 1! ,1 1 11 1 I 1 '1 11 ' 1 -...11 Sales facilities be Permitted Prior 1 ;' 1 Zyy,,,o� �� /. • 1, Collier Corm Land 2.6 AMENDMENTS r ► DOCUMENT r =fir,� ` f PLAN Amendments may 1- •1 •- to the PUD as 1 .• • in the Collier County Land Development - Ct L. L7 ASSOCIATION OF PRO' •"1'' • OWNERS FOR COMMON AREA M AINTENANCE 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 canoe under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium m 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, mace, and management of the surface water and stonnwater management systems,and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management Dbsrict. 2.3 2/28/08 revision .s _ ult: dirt hi: 1.111 fl 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned 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 . The Applicant has 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. 21 GENERAL PERMITIrED USES • Certain uses shall be considered :,-, - . ti " . uses throughout the Cocohatchee Bay Community PUD except in ,, . ,'"=';....p.2 permitted uses are those uses which generally serve ,,A, r , , -, ., _ Cocohat�chee Bay PUD and are typically part of the -, , ;,,. . , ..,., or are 77,1197= -• community facilities. r 1. `'; rllij i _ -, : ,� . i':.;•'. ounty band Development ..-..,. 14111,...i _Ai:. i F- 2. w - c s ,, _^„ ,t facilitiics i ; • ., , „ ` ' .— -0 3. T-111,, 1 age t ■ .. '. t 4. Lakes , ,, ,,0• , 7- 'IT;, - other archltecnmal or:lineage'baok , _ ,„ r E Cl` 5. Guardhouses,gatehouses,and access control structures. 6. Community and neighborhood parka, recreational facilities, community MUM 7. Temporary construction, sales, and administrative offices for the . Developer and the Developer's authorized contractors and consultants, including necessary access ways,packing alas and related uses. 8. Landscape features including,but not limited to,landscape buffers,beans, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested mless otherwise specified herein. 2.4 2/28/08 revision ,l - — -- —. . UK: CIO Tta: i'-1 d- -- 9. Any other use which is comparable in nature with the foregoing uses and ' which the Planning Services Department Director determines to be compatible. 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 rod-Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure,minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally ally unified • • .1.'I• , 4 - - A 0')* i tisiv 4. '111 1• 5. 6. if!. r...,1 _ . 1' I within'AP '.1 � • r .I 11".11!viol r 1. .1 7. however the width '.) th -, buffer shall be increased Vt 1 . , y to the width of :4 n > ...of the sidewalk,bikepath, 8. St ndards •. :1 I,- ,1 i �'• and other land uses where such standards are :r ; If 4,0!to be in accordance with the Collier County Land Devel 1 .I 1 I 1I • • in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amid PUD Master Plan•• ,.the open space requirements of Siaar�6�3�e-.i the Collier County Land Development Code. 1 2,11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 2/28A8 r+eviskm , . . _ ____ UK: 4000 via: lei i 212 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Seetien4:4:4-ef the Land Development Code. 1. '!bees and shrubs 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 fam 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 firm r - bum on the west side of Vanderbilt c Drive shall incl 0 ” , 7'''r. • impede the view of high rise residential 1 '? , . Vandabilt Dn n CC 0 PIT 1 r, 2.6 l 2/28/08 revision el • • —LIC-44114-11 ,1 ________ I t SECTION III RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the Amended Master Plan as "R 1" "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 14-acres and base density of 1.11 dwelling units per gross acne. 3.3 GENERAL DESCRIPTION • Area&designated as _ 'L C ,, . PUD Master Plan are designed muhli-family adult to accommodate �'��: dwelling��'�'�. Y CBs• ! living facilities, -,,,, nonresidential uses. a of remeational facilities, essential , . . , ■ The ,y , 11 T.r`r • Master Plan. These ! acreages -, . i Actual of all an3 , 4".--.- , ; Atilt# ,f„ - of k�' #�i ''#" .��, , , Plan development �.ur �, •.P[�elimititrY Subdivision Plat ':. . in --. i i with - respaedvaly,.e€ i i. *• •- County Land 1 , , �-•• - Residential tracts are,• and amenity areas,lakes I -�, , and others sinular '", . in residential areas. 3.4 USES PERMITTED I-FIE C.I9 A. Priucinal Uses 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 Plumb%Services Department Director determines to be compatible in the 3c"R'" "R3"DisUic ter. B. Acoes:ary Users 1. Uses and structures customarily associated with principal uses permitted. 3.1 2/28108 revision ll • • • - --- ----- -- UKr 4 jbd r-ti.: en) J IT [...., . 2. Recreational uses such as, but not limited to, clubhouse, fitness center, , health spa,tennis courts,swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing . uses and which the Planning Services Department Director determines to be compatible in the M4 2"District* 3.5 DEVELOPMENT STANDARDS i A. Table 1 II sets forth the development standards for land uses within the "R" E Residmuial Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocobatchee Bay PUD,ate to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated,requited yards, heights,and floor area standards apply to principal structures. s C by parking C. Off-street • � :�•vi,;;;••- : . � . ,,, • - a1haU be accessed aisles or dri are separate • • .• • • which serve more than one development. --• space area of not r- • • ten feet (10') inn width as moored • • •• _1 r_ • . ,A; 1 any i� F- . ordri w • • rl• • ., I rk T aisle �.:.' ;-_� _ :air . - .0 k01ii y . l 'O' ) 4.116...V.... _,c0001:40, DEVELOPMBNTPSTANDARDS Min estSa MAHAL NU(Odor, i Mold.Fo■tb Dwelling* &Elude I MWr Lot Area WA I-AM. LAS j 1 imi Lot Width WA WA N/A , Frout Yard•Lataad Nod n 0.5 BH not leas 0•54i11 astiesr Qs BH rot lees • thoa25 feet Wsaai-foot thsa2S1000t RIM Yard-Memory Bii`. 0.5 BH not loos 0411Hitoo4or 0.5 BH sot loos Indian n ParldoeiYsoton dress 25 feet thstiaifeet lanai= Frost Yard•Vaadorbilt Drive BH WA N/A Rant Yard-Aeeearee)MIS 50 WA NIA Side Yard 03 BH 4i 1i. hear Yard Ptiaeilal 0.5 BH 4i IS. i • ,Roar Yard Amman 15 40 1Q 3.2 n 2!2818 revision . c; Jon ru; 4110 T andms 20 stories fora maximum 35 n Might of 20ofeet *2 Mom Bohm.Pmt Sandmma 0.S SBH *3 044111-286406 Manila. mot leas II.mi6+iM1 Ilan 1S Beat !lame Area Min. (83.) 1,00 SF 1 W _ 1210 �4 1i(Bmhitg Hdg6t):Buildi g bs*thu be the medal distsoee mtessared Gros the 8iR rshihble fibbed soar desalts- b the mppermen 8aah.d oetBig dealioa dthe suum�m. �; (Sum of B Heighs) Combined height of two Macon buildings for the purposes of determining mead t I AU diatoms are in teat Well otherwise noted. ' *1 Root yards shall be rammed es follows: A. Vibe prod is sewed by a public right-of-way.sorbs&is mesaued from die a jiacent right-of-way line. B. tribe parcel is serad by a private sad.sobs*is mwrored from the beck of aub(if coshed)or edge of meow(if not embed). *2 Building height ha the math property line sbjaomt to Arbor Tam in the 9t4"two shall be 12 46 Modes for a masimmm hdiibt of jj1 4g0 Garr. • it Co *3 Where WOW with a a0000a - : Whet boot ere aaolber.and walls no not paid b one anther,the selaelm ....0 -1. V LF."( yC2 C 10. ' . E CIAC 3.3 2128/O8 revision I -_. ___ vn• zvvv sue f -sal • • S SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS i I 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards 1 for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas,golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PEM IITTBD USES AND STRUCflJRSS No building or structure,or part thereof,shall be erected,altered or used,or land or water used,in whole or in part,for other than the following: A. Permitted Principal U-�� ,!IP 1. Golf . !. 4 I , g o l f c l u b I - . - , . .•_ quarters, clubl se, guest snit- .i - .!!I _ temponey golf ! i 1& • ilitAllictrerTe rr I -1 .C r •-•:, 1 ,1 1 ti and ponds, i w I,1 `', '4 and�1I �1j� II {/u 1?�P buil.• . ,s and 1 .1 f ` v 1 Any of the .1„To•!►'1'r• -. to the develoymq*stendatids of the"P"District. _§,4: Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops,practice areas and ranges,golf can barns,rest rooms,shelters, snack bars and'golf course maintenance yards. 4.1 2/28108 revision ,_ 1 UK: '13v0 rv; Ltio I1 3. Retail sales of associated recreational equipment and apparel,such 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 I guests. 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 and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the • , III Services Department Director determines to be comp ble. �J��R C O L 4.3 DEVELOP1 1T t i. ONS - ,I J.. w! M :�; A. ;�.,I, AY. , I-,; ,JI`'f . _ II II 111 I11 1 I (20') from Golf t 1'.,1, .Itr 1 1 11 -t, • I jai,. •1 I I 1 -I -five feet(25')from all PUD11, 1 B. Accessory 1;,�,;,,'1 a I ,I i I 1 ten feet (10') from Golf Course D• I and pn 1;-,i • •-. .l l.• feet(20')from all PUD boundaries I l f, '•/ -I tracts. > C. Lighting • i I be arranged in a •I I I will protect roadways and reaideatial ~ , f I . ,,_ , _ • . , ,- , • • •le interference. C D. Maximum height of •I I 1. Principal Structures-2 stories for a maximum height of 20 feet. 2. Accessory Structures- l story for a maximum height of 1S feet. B. Minimum distance between principal structures-Ten feet(10'). F. Parking for the community centedclubbouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered • inclusive of the required golf course parking, provided the golf course and recreational aul facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a noialmrmn of 1750 linear • feet west of U.S.41. , .0-� 4.2 2128/08 revision • I. i. _ • - • . • UK: 4ibd hi: /419 Standards for perking.landscape,tugns and other land uses where such standards are not specified herein, are 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 structurea • 0 • : ei • 41 I ' • • easkinxbduriapacurstbakiagnielkedari.. A. Principal structures shall be set back a minimum of twenty feet(20'1 from Golf•), I 11•7: I t I ILI 11,4 ‘111I VA) 411 II 111D Accessory structures shall be set back a minimum of ten feet (WI from Golf Course Dierks boundaries and -roads.and two hImdred feet(2001 from di PUD boundaries •- 5"PrIrPP!"", gates and non-habitable ante 110131138 CX- • • •4 _, , 4.4st • 4.14 • I ••0 4).1,41 4,11'iill■ AleiK7-1-1111116t 1601164W 111,R, 1117'1741■77'11111111111111111•1111E1tIMAY11111111111111 • 1117""177-V211111111•11=11111111 RIVAINWQ1111111111111111111 IF7xr,rtTuTirv'T—Trisiremiwi wrAkeriTimml I r I 7 rill ILNIiiii.e16511111F1111•1 11-7".r'71 Wird Ira itA Pe- 212 r^1 areirmsinktuna L '"711111111MIMMENEFI. Alisligiautakkaustkiugoorkummi thmaimaidusamaluthumm... sidadiatiribm, gailitiduataffintignisathall 4.3 2/28/08 revision • . I i :: C. fzudississaux.mmusLansimm. a. 1. '. ii. Recreational facilities including but not limited to pods and tennis MIS iii. EgliffailLiallUiliiiiinglellillnl iv. v. One(II guest house(as allowed by the Land Development Code)pet ,i lliy� •_ _ _llti glut ■'I.• �.L r _-'1/ ! ILL it�Jt. 1W1'_t,iii' 11 ■ • 1 1.`? ,_ ∎,t1 4111t.- II1_ '41.... I_1. _ !! 1 _-'►tl1�' Il ..111-.t, 11111.8.11 -1 1' 11i a_ I..�-_, 11_' ,i L- .1 V- .) I.- 1.�_i..}II.. Itl .�1h1'. •1 ' -1A/,.•: Ill t,-t_ EgUratiVaninteigUddithallidgagYi vi. figAggaggilkia b. / ny other .._ „„ in tae with the fo pg a i i' ��'�i. ,1,,,., r 1 _• a determines to be compatible W I• n CC ° 1"VIJV) • Tr÷o - ?sc.? I . 1 4.4 . 2!28/08 revision UK: 4010 YU: VIZ! i SECTION V . PRKSRRVE"F'DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Ammidal Master Plan as the Preserve District. L2 GENERAL DESCRIPTION Areas designated as Preserve on the igaggIgg Master Plan are designed to accommodate • a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems.to allow for restoration and enhance of impacted or degraded wetland systems.and to provide an , , • •• amenity for the enjoyment of Cocohatchee Bay Commtmity residents. vyR C p j 53 USES PERMITTED Gp No building or •• . - -; -• or used,or land used,in whole or in part, , . , than L!, • -• , . A. Principal fl sea 0 It. 1. o 2- P,:arve 1, „ ia< DicYcle liniiromooLosthysdansItimisannagistaAml ix. Ply Yea ' EadmanizNarldilut liandicatom Y3i4 Equestrian uses and trails* Fitness trail and shelters* AL Open drainsae iagninad far the permittiaet ( . 1a2 AIL Paddna lots fm su000rt of any ass within this section) Sidewalks* ALL Underarnand drainaare AL Water parks(fountains) 5.1 2128108 revision un; 'WOO Ill; LILL ayit Lakilailsliaulawainikauklegiugga la boat(non motorized)_kayak and canoe docks aviIL • ihnnikagnagrebone • basimmilmatillustabraccialionglasumbissaigilia • cation. Rnteaded m be limited m j definitioa in the hnd Dent Code1 M Siudra NAL Baden= WJ1 Wildlitramann • lisaatatsbakcajnannotunkagioassah sue. _w faciliities as miv be t+ea bylEribila ant klasodassUnkauenbAkisludeillximaiistiBiktiatk rha ii. Restroom facilities• •t m g Vaedarhik Delve edT. • ' - . .• 8. Any : use which is �;•� - in nature with the foregoing uses and r Director determines to r 5,4 DEVBIAPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Seale. 3"" €-the Collier County Land Development Code,as amp. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such 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 similar 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 tea feet of the preserve boundary. B. Maximum height of structures-Twenty-five feet(25'}. 5.2 2128108 revision . . . UK: 4ibU YU: C. Minimum distance between principal structures-Ten feet(10'). • D. Minimum distance between accessory structures-Five feet(5'). B. Standards for parking,landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier Canty Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and Boor area standards apply to principal structures. 53 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation eases or tract is required by Collier County Land Development for lands included in the Preserve District. In addition to Collier County,a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code,said easement shall be provided in •-, forth in any applicable permit granted by other Mendes. h,;1:-Z; 1 ":4or assigns, including the Master Property Owners' be _ 7: . and maintenance of lands . within the Preserve •. 7 t 0 py Cc;,,‘ 4.._ Op TAE 5.3 • 2128/06 revision -- 13 7 _. ---- v - %goo ru.....Lit LI 7 .--F--- SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project 6.2 GENERAL • All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development CoderDivisie.4.1 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 in this document ent. titiAtR Cats The Developer,his . ...-,r, amignee,shall i , i!, • funendsi Master Plan and the r e g u l a t i o n s of the • ,• . r, ,;. ... and any other .. , •'ti. . or modifcations as maybe agreed to in the . ,i, . -., • ..... . - or asaigooe in title,is jar x' behind by the „ „'_ 6.3 PUD]MMASTER 411! Iv Ur_ _ , T , . A. Exhibit " • 6 illustrates the pr�o,/p•,osed • . _ . ,',I -,„ -, is in ,' I.� .7 _. tract, or land use boundaries . land use , . , , -71"3-- I tr be construed to be specific and may be In, during the . ..,, development plan approval P r o c e w S u b j e c t �� • . ,, _ .-. .f the Land Development Code,PUD T''41,1!• . 7 171 i . . 1 -to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project I C. The following shall be considered minor changes and refinements,subject to the i limitations of PUD,Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation fames as a result of environmental regulatory agency review, as long u the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South 6.1 228)8 revision _l . P ult; iioo ru; L4L3 11 I 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. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. • 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project Is contemplated in • calendar year 2000 with ., ..1• -' , , of the golf course and Project infrastructure anticipated to occur•I - 1 .11- , ! 1 At 11. Marketing of commercial and residential sites I I , - "I,- '7. to begin in year 2000 and are --1 ,f _r I uded in . •y* .0 10. B. Monitoring . T I I. .',I I -, . I be submitted pursuant to C. The • •. ', - op . 7,, ,11 j - Provisions of Seeds* viaI 1• r' • , � 'IV 1 �.y.- ti_oo, ..�.r - ,.maA [. t - --- _• 6.5 POLLING PLA 61�' • �a • Pursuant to - -- �r .. . • -I• . I'� • 1 provision shall be made for the future use of space ••I ■I ... r rr !.!, �• the purpose of accommodating the function of an electoral polling . An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including. but not limited to, condominium associations,homeowners' associations,that such common.facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with the IDC. Due to the environmental issues on this Project impacts are to be minimized. 6.2 : 2/2$/08 revision l UK: tali ri.: LiLb T .! B. Private streets shall conform with the right-of--way width requirements of the>iapd Development Code 1BG except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000')in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot(10')wide travel lanes as required by th jn, Sc . 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot(10')wide travel lanes as required by the Land Development Code Subsestion44441466. 3. Tangents between reverse curves shall not be required under&theologies 3126411446TIOref the Land Development Code. • 4. Street grades may exceed four percent (4%) under Beheads* 3.2.8.1.16.14. -f the Land Development Code provided that applicable Florida / ..: �. . Manual of Uniform Minimnm Standards r- �� T� criteria are met. 0 .., 0 ,,i_- I l 1 - III II l∎ 1 bew app�roved -bythe • - ...: 1, . .. 1 .,.II •. the of 5 . 1 1 .'1.11 1 1 1 1. . 1 ��-riUmlorm. I 35-, for street pavement road will be ' coaforma nce with Florida II CitCnlattOn .I ,, 1 --. • ion ' � Administration Manual on U .7ri3 1 COMM'Devices i i� 6. ' •' .4' '.te .1 I 1,1 1.1. , owe. 1 internal roads shall be 30 feet with the exception of both - , --road intersections which shall be 40 feet. 6.7 TRANSPORTATION aim A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed.installed.owned.operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or n 6.3 2128108 revision Wt. "WV() r J. s.=a I negadvely impact public roadway,drainage,or utility facilities planned as part of future fora laning construction. C. The Developer shall provide additional right-of-way In fee simple title, when necessary.along the PUD frontage to Vanderbilt Drive. Additional right-of-way 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. D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are requited or specified. Such additional right-of-way is declared to be compering right-of- c,,}:, will not be subject to road impact fee • credits. The final • . 4-r-7 ,,-,. -• for Collier County by Johnson • •�' show for right turn lanes for this•Engineering. �� - • •� s PUD,but the ,, -way shall generally be • a 4■; width of approximately 15 feet. - 4, 3_ _ , • • • • the time requested by the • County. E -of-way In fee simPletional right-of , -•, • in varying on , - IV •• - of Wiggins Pass Road as shown • final four-lane • ,'r. • -• for Collier Comity by Johnson • ' I n c. Such -• , '7I, •l'fay along Wiggins Pass Road shall be .71-19... conveyed to Co , without consideration n for impact fee credi '10.1*.; ■•• . and public utility The right-of-way coa`n1t , i *. •, time requested by the County. • P. The Developer shall provide additional right-of-way in fee simple title, when necessary,along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way 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 professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. 6.4 2d281i08 revision 71-- OR: 4368 PG: 2428 a. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project(this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-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 include the Project's access and shall be designed and paid for by the County dining the won 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 construction costs related to access for the Project. H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West livingaton 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 starmwater commitments from East/West Livingston Road along the Project property line in the t - ,, Water quality will be handled within the 167.5'right-of k_ 0 L The 0 design noise mi; • , , ,1 t t systems in accordance e with the .1 - • s • J. In the // f r"w; i'..1 ,""'„ V .. Drive or Wiggins Pass •..- ��. �. - � � '�i,. i �Ir. i�i�' a � �- . . �Vanderbilt the ' - . .- 1!91�! !! ! !4°t sand -turn lanes. • ter.. s...y ":.:.P;. � � � � � '� , The development of . PUD Master • , , be subject to and governed by the following conditions: '.1P I, JIE C1 • A. Water distribution, sewage -,,1 on and transmission ones 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, and other applicable County rules and regulations. 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. C. The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities,the following features shall be incorporated into • the distribution system: 65 2!288 revision UK: 43bb PG: Z4Z9 1. Dead-end mss shall include dead-end flushing hydrants. 2. Stubs for futon 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 phase of the Project- 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 easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance- All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer,his assigns or sucoasocs. E. All construction plans and technical specifications and proposed plats, if applicable,for the , �:4 ��1, ,, be reviewed and approved prior to coma -,"7",7" F. A sewer , •, , ,; system shall be , , , throughout the project by - t to ; -,t requirements of Collier County , , the ,.of -,—�� • ., within platted rights- of- or "'' """r 17 -74i OCdiranoe 97-17 shall be `iri�iki t° 43,'x.',, '�T ' i !) , and ,,. ,,, ,. � ., _: ►'"' private property and not required , - County to be , . wilt t, shall be owned, operated , t by the h , , hi 117 or successors. 0. All . . r and technical ;,. and proposed plats, if applicable,for , , '' reviewed and approved prior to commencement of.` !! �, � C.IR 69 ENVIRONMENTAL The development of this Anaunied PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental pennitmrg shall be in accordance with the State 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 areas shall be designated as conservation/preservation tracts or easements 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. 6.6 2l28Ji08 revision • Buffets and setbacks shall be in accordance with 3argotaar of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. _ D. An exotic vegetation removal,monitoring,and maintenance(exotic-free)plan for the site,with empty on the areas,shall be submitted to Daunt Planning Environmental Staff for review and approval prior to fmal site phut/construction plan approval. E Petitioner shall comply with the guidelines and recommendations of the U.S.Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected , - �n! 4 • . , i planning Services Section staff for , review and' • . . , i ',. ., #1 ., , ' . . . plan approval. A Bald Eagle and a Gopher T ', 4 _ - , Plan are rcqu iicd for this site. . ■ :�;. 0 .b.— 718.4 . 6.10 ENGINEERING �,„/'AMU I:�• Y H A. Detailed pa , • ' : site , , , 4 s ' u shall be submitted to E n g i rt g S viWY� • . . 1 •,I� R 1 4 1 o n �shall be issued unless and 1I .. , 1'v of ., . . ... -. •1'' :1 .4 . , in accordance with the submitted plans ., Servic7es. rt CW- B. Design and oonstniction of 1 4,. •; , . - shall be subject to compliance with all applicable provisions of the Collier County Lod Development Coda C. The Developer, its successors and assigns, shall be required to satisfy the requirements gy of all applicable County ordinances or codes in effect prior to or concurred with any subsequent development order relating to this site,including • Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Divisiea-3J•e1 the Collier County Code of Laws and 1 ikdjmaggi and South Florida Water Management District Rules. 6.7 i n 2/28108 revision ' I UK: 4ioo ru: 1831 -1 ' 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the Land Development Code, if,during the come of site clearing,excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STTBtUCI'URES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities,contractors storage and office facilities and the like,may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to • 6.14 SIGNS �j\ R CO L i C) v� A. All , , sign • apply - such regulations are in B. "t,. , ' r e , ., For � _ each platted percd tbe `.ass ,�._ , , -. a sep�e shall be entitled to signs as ,rt• herein. C. Should 'i signs be -• • ,, 1 --• within the public rights- of-way,a `- -„ � '. . -, for and approved. D. All signs shall be • - -• C•not to came sight distance problems. 2. Bntrmce signs A. Two(2)signs with a maximum area of 40 square feet each or one(1)sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the Uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shiedded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 6.8 2/2W08 revision . . • . . • T 3. El WEIMER A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension 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 the finished grand level of the sign site nor may the overall area of the 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. 3) ' -- i , ...R . !� , �. •. -• all lights ate shielded in a . .�., prevents , _ which would impact the vision o rq►' using the ,' .' , --. or going into adjacent 6.15 FO " iiiirl A ll Landscaping , y; _ _, I to . , - with the�4 application. • ' ,� • Development e- . in 7- - . ., - time of building permit • 6.16 PROVISION FOR • . 4 4= REMOVAL OF ' :I: MATERIAL The excavation of „ n i ,' •.-■•• •, _ in preparation of water management facilities or other -- is hereby permitted subject to applicable sections of the Code of Laws and Ordinances. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby I permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a"development excavation"pursuant to Oivieien 3 €the land4Nwelepasset-Cede Cale of Laws and Ordinances whereby off-site removal shall be limited to ten percent (to a maximmn of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances,esid-Division-34 are applicable. 6.9 2/28108 revision I • o •• .. _ . .. : : .a 1 g I U ® 4 ......„ ill .0 ai N o a v i i t a \ .,\\.\ ;\\\\\'‘,\\\‘ i „,... \,..\1.4, . ,� -._ ;•0;. . \� : ....:.:-s `' 4 ...:::::;::::::::::::::::::.: ::::::::::.::.:.7.,\.;.;.,x,r.,:: killi 0 ...:.......:.......:.:.:....:.: .......:......../ i 0 1 :::::::i..:i::::::::::::::::::::::::::::::::::::•:::•:::•::: 1 r-1 :11111A ilk VII .1* I am .---■ c) �av v A_ ti_. . —� - 1,,e, A P tertiV ACiriMil ),77� 4 # is7 - E CI' ,, t. is : ,- r1 . 4 •. < 1, Ja I I i 11 Exhibit"A"to Amended Planned Unit Development Document 1 coco>�A BAY Vanasse NM ". - ��w win M-29'410 SCALE:ad i�� R 30 REV: 07-25-08 N.T.S. ,..--... PUDMAAIERPLAN Daylor �„ rrr.,.r•"M! PROJECT NO.: 80447 •MOO ICAO NO. 80447—PUD_MP7 I,mews 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").1 A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (each 17 to 20 stories)4, a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and , • •. management facilities on a 111.3-acre project site _ : : .• , - . ._• *-A-N; . . : . - .. - - - . I. - •■ _ r "i avoidable effects to bald eagles at nest C r+ • • n, .e : , -- - - - _ .= sail purchase 1' _ r in the vicinity o and reserves ��;r• � �r: �-, � ;_,� b: .:Z � o p _ tY & Collier County, '' • west Florida. Th a roj located north of Wiggins Pass Marina in S . , 8, 16, 17, and ' • • 48 South, Range 25 East, Collier County,Flo QT`S B. TERMS AND CO "W j g.G 1. In the event of project implementations, the entry road, stormwater 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 This section is from the DESCRIPTION OF THE PROPOSED ACTION 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#1,#2,#3,and#4 are 20- stories and building#5 is 17-stories. 3 Private practice area. Not open to the public. 4 Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,2007. tin. 'tJUO EV. 6• 4J 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 likely 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 permittee agrees the construction sequence - us :• •• condominiums would be buildings 3, 4 an• ? • M: s •truction of these condominiums initiated only •• ��' •n nesting :-.4.M4 (Figure 1). The construction s t a r t dates • ' • c o n d o m i n i u m s lik w,u l d be in c o n s e c u t i v e n o n- n e s t i n g . ; • . J• , • • . - 1 • b; on •e economy. 5. The • • : ,,w; • s s s ' ••, T�,• • : 4 and 5 inside 660' of CO-19A wo d oni • • �;ilF• 1�• i s e up : •ds in the non-nesting �' t the revised location as season : . !� � -... • ,:, - -�. -. �� • .� �. :�, shown. o 6. In the event i ' d eagle pair re '- t 19 or builds other nests on property own-. 16) • • • e Abbott /.06,,;s•-•- LLC,the permittee agrees to similarly modify ,h: • ' ,.; �. r ! e on the remaining buildings to minimize the adverse e - • project on nesting bald eagles. 7. The permittee 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. ADDITIONAL TERMS AND CONDITIONS5 s Amended Biological Opinion dated June 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 rV. 41 J 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 nesting territory prior to the initiation of construction activities for the project. Securing a : - be in the form of fee simple title or a conservation -:, - 't%Ie 1:, ,pan acceptable third party. The territory must ufficient : • « •mmodate alternate nest trees in the event a r e primary nest tree 1 ost. The applicant will use best efforts to 1 ,�, r •I� •. : VA. =JVO E V. L.N I 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 25- 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. Exam. -= : .:. _ - hnology can be found at manufacturer websites such as ww t _� - it ,y . www.utilitycamo.com. The applicant also propo e . ...1 a video .f.. : .• the nest tree to provide the residents of Coco• : • _ :ay and other in - - p.. ;es with an opportunity to monitor eagle n- , .g , - a: • N. - . • , •esi.. . o .e base, the nest tree, and the camera will . : s . ., '-•-r. . E. CHAN ES it,1lG_ ►;T t►� T ��: '41 , S . ) •NDITIONS Any revision by ' .S. Army Corp o K . f ACE), the U.S. Fish & S), and the " -- ., & Wildlife Conservation Wildlife Service �� ,. �Commission(FFW• %, • may cause revise• above described terms and conditions will not -, T: - •er amen• .• , . 1 e Cocohatchee PUD or this Bald Eagle Managemen ' • 4 :12.1 �<<. .t eagle pair or a second eagle pair build a new nest within ,�� !1 e • •undary, 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 1. G. REASONABLE AND PRUDENT MEASURES 7 From Biological Opinion dated February 27,2004,pages 13-14 un, YJvo r.7. L1Jo 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. 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'4 .4 •''4 ..ex' I :•-• ': ., .t ' 1 L, L '€ t • ———— PROPOSED SIDEWALK (10' WIDE MUL7T—USE ASPHALT) SOUTHERN PUD FRONTAGE ALONG WESTERN VANDERBILT DR. RAP - 7.692 L.F. +/- (10' WIDE SIDEWALK TO BE CONSTRUCTED/REPLACED) Exhibit 4 to Settlement Agreement and Release 7 Fes.I balk Fesseat s.-. Mt MO S17N Vanasse Fwio+.ew.ken cocotokdm Partner;Ltd KINSALE CONDOMBILIN Grl kn1I.. Daylor "�'` �Laurel Oak �e x00 tcoCOIL41 HEEBAYP.uW F�Y.K�:. n_ 34108 PIN RAY FRONTAGE 804IBIT INN at RAU .>rai«FF.2„4u1634 .miaow r.vNW•NW I.F ..d. sheet No.1 of 1 i From: david kelly [dkelly1205 @comcast.net] Sent: Friday,July 31, 2015 2:16 PM To: BeasleyRachel Subject: Cocohatchee Bay Settlement Amendment, Affordable Housing Beasley: :y 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,jcdixiew@,comcast.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-PL20150001668. 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: Finogior(aaol.com [mailto:Finogior@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 @aol.com writes: Attachment D From: RachelBeasley(a�colliergov.net To: Finogior @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: Finogior @aol.com [mailto:Finogior @aol.com] 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 I ATg) -1S1,.,Ois I 46T L/f.- 1 Rik f•S Y-3 +L\ rLPs- qi)6 4- 1 �I , 4� (r-_\ 0 166' 6 ry pirrotz_911-.GuE ovAvo .610-21 (-:>„ Ysi -4f4,(2 Ps-4) 1 S ..ri--.4?e4g, \C":&1* i--soafeal (50 0) sS 4-G ) -c!14-crec_ CI it-Qa-121- 11 ec'S? _ 61/47) J }Le az,e-e---4 -4- :71 9 vs- /1 •- Vo/,_ T7/1 3-ei6a,-)4z-e-- ,-, I object to the Removal of affordable housing contribution commitments Thomas P. McCann 774 Wiggins Lake Dr. Naples Fl. 34110-6009 ...... -.............„1 Thomas McCann 774 Wiggins Lake Dr Apt 202 '.1 Fr'r 1,,r.q:; ;.:F.::: irq 7,-47.4 MI ,it:qu.r,:-; 2:7,015 i',11:LI .... .„,. .,.....,... 61e•4P1' /1/4Y/2,- 4' tq6,0«,4,ro P /9 0 33o0 VIA pel giy r„.1a0i) a) ...—. 130/1)/r4 gio/e,,d5 ' 31134/ / ':::::I i .7:::::::n::::—::::79 iiiiiiWilAiiiiiihiqiiii::Li•:•1.i l'i ;i: s s s: 47it5 ("-}iwsr--e &Ica/A-€.144.) (5 j Y- 16-- 0-- 2671d-1/7-7x 74) 41. ijyiJi C41&4'1 cee-W111-(-31?-k)42-474) /1)0 Ah,j, 71- pe i4 We /kJ ci -7 t fs - - S WEI a fLio Wo s ch u ll) 461.0 kla fax 4:1 ao3 K. Aft ' cL. 3 4// 0 7 0i,/ • El GradyMinor • 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. 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,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.gradyniinor.com , 1111 /Fa .< (....) 1.-. 0 IQ `•' 0 ", c1,1 =, . , (I) G) .r :- m .1., .-. ,..„ . 0 —1 -..,:l A ..... .... o..■ 51, , .,.. I...) • 0 , ..- . i.---. .4 ;-_-, :) m T 0 c r = ......7 V\ . ..(.7):_),.. (.....,,,j „......_. (4, .1::. , co 5-7 . ,,.... , (Th GI ....-) ',,__„) .„.4 .1::t ,..... 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NAPLES DAILY NEWS « Friday,October 2,2015 < 170 Notice Notice NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101,Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 2,2015 No.714242 EXHIBIT PDI-PL20140000640 10/22/15 Tree Farm MPUD Teresa L. Cannon From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Tuesday, September 22, 2015 9:55 AM To: Minutes and Records Cc: Gundlach, Nancy;Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet,Virginia; Rodriguez, Wanda Subject: Tree Farm MPUD Revision for 10/2/15 Ad Request Attachments: Tree Farm MPUD Sig Page AD Request.pdf; Tree Farm MPUD Hearing Notice to Newspaper.docx;Tree Farm MPUD (2X3) Map.pdf Good morning, Please advertise the Tree Farm MPUD petition attachments for the October 22, 2015, HEX hearing. This is a revised document with revised title. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Cow er Comity 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. 1 September 22, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2015,and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 ...-.. ! f 1L. ( J � Authorized Designee sign( ture for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida I I IBIS COVE [8 ' q q' LAURELWOOD ao>> r N �RD t A V m O o 2 Zv 5 < < C.R.951 EE FAR COLLIER BLVD. E A■ N O u A N m2m m II z 9 v r _ cr 0 M 0 N N Z N Teresa L. Cannon From: Rodriguez,Wanda Sent: Tuesday, September 22, 2015 10:04 AM To: BeasleyRachel; Minutes and Records Cc: Gundlach, Nancy; Stone, Scott Subject: RE:Tree Farm MPUD Revision for 10/2/15 Ad Request The title is now correct, and the ad request is otherwise good to go. 'Wanda Rodriguez, .ACP ✓Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: BeasleyRachel Sent: Tuesday, September 22, 2015 9:55 AM To: Minutes and Records Cc: GundlachNancy; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: Tree Farm MPUD Revision for 10/2/15 Ad Request Good morning, Please advertise the Tree Farm MPUD petition attachments for the October 22, 2015, HEX hearing. This is a revised document with revised title. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Corer Coisnxy 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. 1 Teresa L. Cannon From: Minutes and Records To: BeasleyRachel Subject: RE:Tree Farm MPUD Revision for 10/2/15 Ad Request Thanks, I will forward the proof once I receive it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: BeasleyRachel [mailto:RachelBeasley @colliergov.net] Sent: Tuesday, September 22, 2015 9:55 AM To: Minutes and Records Cc: Gundlach, Nancy; Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Tree Farm MPUD Revision for 10/2/15 Ad Request Good morning, Please advertise the Tree Farm MPUD petition attachments for the October 22, 2015, HEX hearing. This is a revised document with revised title. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 C:o er Coo 14 ty 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. 1 Acct #076397 September 22, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20140000640 — Tree Farm MPUD (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, October 2, 2015 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2015, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamimai Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida I I IBIS COVE xl I 8 mfD1VI • LADRELW000 06 yIPi N yy v A Zm kO Z m< m K EE FAR C.R.951 COLLIER BLVD. Z <<y� D S m m2 N A T O W 742. D m � r T� — A D O om —I L Ill =I" O O N N z U Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 22, 2015 10:52 AM To: Naples Daily News Legals; Gori, Ivonne (ivonne.gori @naplesnews.com) Subject: PDI-PL20140000640 Tree Farm MPUD Display Ad Attachments: PDI-PL20140000640 (HEX).doc; PDI-PL20140000640 Tree Farm MPUD (HEX).doc; PDI- PL20140000640 Tree Farm MPUD (HEX).pdf Legals, Please advertise the attached Display Ad w/Map on Friday, October 2,2015.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, September 28, 2015 11:49 AM To: Teresa L. Cannon Subject: Proof 714207 Attachments: NDNB714207.pdf Please see proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Bath; News morn PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,October 22nd,2015,in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. ESPLANADE OFOLN PLES PROJECT LOCATION — 22 < 23 24 HERITAGE BAY (DPI) ADDIE'S CORNER\ NAPLES-IMMOKALEE ROAD (C.R.846) E RICHLAND BENT o RESEK U w m PRESERVE rn - > TUSCANY COVE m HABITAT 25 27 CRYSTAL 26 /W00DCREST I LAKE INDIGO I U Lr- LAKES BRITTANY BAY APARTMENTS WARM SPRINGS All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite#101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.714207 October 2.2015 Teresa L. Cannon From: Rodriguez, Wanda Sent: Monday, September 28, 2015 11:56 AM To: Teresa L. Cannon Cc: BeasleyRachel; Gundlach, Nancy;Ashton, Heidi Subject: FW: Proof 714207 Attachments: NDNB714207.pdf The ad looks good. Wanda Rodriguez, MCP .Advanced Certified Para(ega( Office of the County Attorney (239)252-8400 From: Teresa L. Cannon [mailto:Teresa.Cannon©collierclerk.com] Sent: Monday, September 28, 2015 11:51 AM To: RodriguezWanda; BeasleyRachel Subject: FW: Proof 714207 Please review Teresa Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, September 28, 2015 11:49 AM To: Teresa L. Cannon Subject: Proof 714207 Please see proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.clori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 N'aPleS Teresa L. Cannon From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, September 28, 2015 12:16 PM To: Teresa L. Cannon Subject: RE: Proof 714207 Thanks! Released. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples News NaplesNowt= From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Monday, September 28, 2015 11:58 AM To: Gori, Ivonne<ivonne.gori @naplesnews.com> Subject: RE: Proof 714207 Looks good, ok to run.Thanks Teresa Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@ co I I i erc ler k.com From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday, September 28, 2015 11:49 AM To: Teresa L. Cannon Subject: Proof 714207 Please see proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriaNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples O attp New NepfeSlevvscom PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,October 22nd,2015,in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. { ESPLANADE PROJECT GOLF&C.C. OF NAPLES LOCATION 22 23 24 HERITAGE BAY L (DRI) ADDIES CORNER\ NAPLES-IMMOKALEE ROAD (C R.846) BENT RICHLAND CREEK o PRESERVE TUSCANY - U m COVE _ II27 w 25 26 HABITAT CRYSTAL WOODCREST LAKE INDIGO 00 L.— LAKES BRITTANY BAY APARTMENTS WARM SPRINGS All interested parties invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite#101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, • Chief Hearing Examiner Collier County,Florida No.714207 October 2.2015 • Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX COLLIER COUNTY HEX 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 507876 2015 714207 State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Dan McDermott, says that he serves as the Inside Sales Supervisor, of the Naples Daily news, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Collier County, Florida, for a period of 1 year next precending the first publication of the attached copy of advertisement; and affiant promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. AD SPACE: 0 FILED ON: 10/14/15 PUBLISHED ON: October 2, 2015 Signature of Affiant / Sworn to and Subscribed before me this day � f.�`< fvowo 4 ; lic-State of Florida ' Commission#FF 900870 Personally known by me i l ti ;;; _; My Comm.Expires Jul 16,2019 Bonded through National Notary Assn. 12A S Friday,October 2,2015 B NAPLES DAILY NEWS More rain, flooding on U.S. East Coast Category 4 Joaquin •Driver dies `, •, tV batters Bahamas in submerged — ■Hurricane xo w vehicle in 6,....„' r moves toward '• -s--N`, �n South Carolina I l rel -, U.S.East Coast �,a 2,-. By Jonathan Drew Sat .,, Assorlated Press 4'^oc BY m—} . sociated Press RALEIBH,NL-One person - `a,'g Ps'' died Thursday as heavy - EIEUIHERA,Bahamas-Hur ,� '" flooding submerged cars _ 4 ricane Joaquin unleased ,. and closed streets in South _ heavy flooding as it roared »RG6A Carolina,and the drench- _ through sparsely populat- ing storms were expected , - , _ - 4494•' opulat-ingstormswereexpectedfix,.', ed islands in the eastern THURSDAY 22.9N°745 w° to move up the East Coast, ---_,7.- -�- "=:_- _ .'.i- _ Bahamas on Thursday as MOVING MAO WIND a region already swamped _ -. -- "-' - s-z, a Category 4 storm,with v.--,s mph 130 mph by rain. ,„.". forecasters warning it m"" �"'+u�A°""" Governors up and down could grow even stronger the coast warned residents f h;<* before carving a path that of Majestic 9 barber shop, toprepare.The rains could would take it near the U.S. prepare for the storm. 1'......`'''''''''''''''cause power outages andEast Coast. Johnson had been sharing close more roads. Floodwaters from high tide block Oxford Place just off Route 40 on Thursday in West Atlantic The storm battered pictures of the damage in The approach of Hur- City,N.J.The road was shut down for a couple of hours. trees and buildings as Acklins and other islands ricane Joaquin—a ma- surging waters reached through Whatsapp as he jor Category 4 storm that County Emergency Man- government's Weather University of Michigan the windows of some waited for the storm. tore over the Bahamas and agement told local news Prediction Center. and Texas A&M Univer- homes on Long Island in "People weren't taking moved toward the U.S.— outlets.The man man- The National Weather sity predict as many as the Bahamas and inun- this storm seriously un- could intensify the dam- aged to cling to a tree and Service predicts as much 14 million people could dated the airport runway til 48 hours ago,”he said. age.But rain is forecast was taken to a hospital as 10 inches in some areas, lose power depending on at Ragged Island.There "But now it's a Category 4, across the region regard- for treatment.There was "We are expecting very where the storm hits the were no immediate re- and we know it's serious." less of where the hurricane no word Thursday on his heavy rains all the way United States. ports of casualties,ac- Islands such as San goes. condition. from the Carolinas up into Seth Guikema and Ste- cording to Capt.Stephen Salvador,Cat Island and Spartanburg County New England,"he said. ven Quiring said they Russell,the director of Rum Cay were expected NEWYORK PREPARES Coroner Rusty Clevenger accurately predicted the the Bahamas National to be hit hardest before the New York Gov.Andrew said Sylvia Arteaga,56,of WIDE WARNINGS loss of power for millions Emergency Management storm begins an expected Cuomo said Thursday that Spartanburg died Thurs- The heaviest rain is ex- during Sandy.They look Agency. shift toward the north, the state already is moving day morning. She was petted in wide swaths of at wind speed,storm path The storm was expect- forecasters said. equipment,including gen- driving underneath an North Carolina and Vir- and population density. ed to move near or over Joaquin had maxi- erators and pumps,into overpass just outside city ginia,along with parts of "Joaquin could have portions of the central mum sustained winds of position. limits when her car flood- Maryland,Delaware and power outage impacts on Bahamas overnight. 130 mph and hurricane Upgrades and repairs ed"to capacity"inside. New Jersey,according to a par with those of Sandy People on the island of strength winds extending made after Superstorm Meanwhile,Hurricane National Weather Service if it maintains a track to- Eleuthera braced for the 50 miles from the eye,the Sandy and Hurricane Irene Joaquin was bearing down forecast map. wards major East Coast approaching storm late U.S.National Hurricane have made New York and on the Bahamas,and fore- The National Weather populationcenters,though Thursday as they hauled Center in Miami said. New York City better pre- casters said the storm is Service issued flash flood there is substantial sneer- sandbags and boarded up As of 8 p.m.,the storm pared for the next tropical likely to strengthen as it watches for Washington tainty about the track," businesses. was located about 25 miles storm,Cuomo said, makes its way toward the D.C.,northern Virginia, said Guikema,a Univer- "It's going to be a scary east-southeast of Long Is- In Spartanburg,South United States. southern Maryland and sity of Michigan associate storm,"said construction land after passing over Carolina,the heavy rains But no matter which the Eastern Shore from professor of industrial and worker Jason Petty,42,as Samana Cays,Bahamas. flooded and closed streets. way Joaquin heads, an Friday morning through operations engineering. he pointed at towering It was moving west-south- Several cars were sub- area of low pressure in late Saturday. In North Carolina,Gov. clouds gathering in the west at 5mph. merged in flash floods. the Southeast and a front Coastal flood warnings Pat McCrory declared a distance as the sun went The U.S.National Hur- One man was rescued stalled over the East Coast and advisories were is- state of emergency Thurs- down in Eleuthera. "It ricane Center's long-term Thursday morning after will pull moisture from sued for the same period day and said emergency looks nice now,but later forecast showed the storm his vehicle was swept off the Atlantic Ocean,cans- in central and southern management officials were on it's going to be terrible, could near the U.S.East the road where a culvert ing rain over the next few Delaware and on the East- preparing for flooding by just terrible." Coast along North Caro- had washed out, Doug days,said Bruce Terry, ern Shore. readying supplies and go- Petty was helping friend lina and Virginia on Sun- Bryson with Spartanburg lead forecaster for the Researchers at the ing over checklists. Demetrius Johnson,owner day or Monday. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE g. 2' NOTICE OF PUBLIC HEARING I Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner 4.1.', (HEX)at 9:00 A.M,on Thursday,Oet her 22nd,2015,in the Hearing Examiner's meeting room, p t}�-p p # `gyat 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: '`f' T46I•r�1 ®u �Li C0.1410145' PETMON NO.P01-PL20140000640-Landquest Group,LLC requests an insubstantial change yas am } to Ordnance Number 07-54,the Tree Farm MPUD ended,to reduce the maximum al„ number of resident al dwelling units from 425 dwelling units to 281 mutt-faro yrtownhouse or �. p?j pthe' 138 single-family detached units;to reduce the density generated from the Mixed Use Activity 3 ®' V t/}L y 1 't�Ch en• Center Subdistrict from 7.7 to 0 units/acre to correct a scrivener's error by changing the density generated from the Urban Resident al Subdistrict,Density Band from 4 to 7 units/acre;to reduce ,r^ IWORIff- f ' the size of water management areas from 7.2106.4 acres;to reduce the max mum total allowable � " square footage within the PUD Commercial Mixed-U.Didr d from 175,000 to 120,000 square L eco 1:11 ns, B..emodefflfiBenj$ tsetse increase the maximum size of retail oroffice uses from 43,50010100 to0square feet;IfRN,I. "'- add a deviation to permit residential components of the PUD to have a maximum wall height of 8 'nR 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 1 d h enovt ' • standards relating tomnmum setbacks;to create a new Recreational Area section with permitted uses and development standards;to move dubhouse/recreat on development standards from the Q, I Fil 1 lf'v. Residential District section to the new Retreat oral Area section to remove one transportation I development commitmentto reduce the number of required raw water well easements from 2 11.6 to 1;to add a utilities development commitment relating to construction and access to the well .r• 5/,- easement site;and to amend the Master Plan to reflect existing PUD conditions and add a new - •t acres onal Area along the northern PUD boundary,for the PUD property consisting of 58.84-, located at the inter.ction of Immokalee Road(C.R.8461 and Collier Boulevard(C.R.951) `'.,L. ., n Section 22,Township 48 South,Range 26 East Collier County,Florida. • k t w -,P, ,t - o"ter PROJECT ,„ € _ ' LOCATION Outdoor Save OJO Quality Cabinetry - u '' �,x•., l • Plan S Fancy Custom Cabinetry " � wwa.w }C e a Elm ood Custom Cabinetry•Marsh Furniture - -__ �' IC I " d wor.wo _ ' �`k i-Y--- Wide Variety of Design Options � ffi;nmµ. �" •Pricing to fit any Budget _ aOr M, •Experienced Design Professionals “sso�� I .rs ,-' Choose from a wide:lection of countertop choices including: Granite•Marble•Coke•Quartz• Natural Stone All interested parties are invited to appear and be heard. All materials used in presentation tamhtata•Warman before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing.The file can be reviewed at LEI US _ Ifyour kitchen isn't becoming to you... , Y the Collier County Growth Management Department,Zoning Division,Zoning Services Section, `fY2800 North Horseshoe Drive Naples FL. v.1.1 tris You should be coming to us! t The Hearing Examiner's decision becomes foal es the date rendered.If a person decides to WOW Pic• STEVE UNSER &I considered and decision made g the Coiter willCounty Hdarirg Examiner othat w thr0 respect too any matter �yy considered at such meeting or hearing he will need a record of that proceed 719.and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record eludes the testimony and evidence upon which the appeal is to be based. CABINETRY If $1.. you area person with a disability who needs any accommodation in order to participate in this VISIT A SHOWROOM NEAREST TOO. proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Temiami Trail East, NAPLES 5550 Shirley Street CAPECORAL nal SW 4th Street,Stc3 Suite 4101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. [ 239 631.2951 239.242.9175 Mark Stam . y • Chief Hearing Examiner -4t....a°"•"i.: Sl+'y L„ r^-C l ,.'fry. tee" Collier County,Florida ' VA No 714907 October2 Port OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: October 27, 2015 RE: Hearing Examiner Decision(s) from October 22, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on October 22, 2015. Attachments: HEX No. 2015 —40 HEX No. 2015 -41 HEX No. 2015 —42 [05-COA-01253/813782/11744 HEX NO. 2015—42 HEARING EXAMINER DECISION 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. DATE OF HEARING: October 22, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. ANALYSIS: No objections were received and no members of the public attended this hearing. This request provided for a variety of reductions and changes to the previously approved Planned Unit Development (PUD). The number of total residential dwelling units were reduced, total maximum commercial square footage was reduced, additional standards were added to the [15-CPS-01428/1210738/1]196 1 of3 residential/recreational component, and there was a general clean up of the PUD language to coincide with the overall changes and reflect existing conditions. Changes and clarifications were requested by the Hearing Examiner and the County Attorney's office at the meeting and are reflected in the attached Exhibit. The recreational area has been depicted on the amended Master Plan, and specific development standards for the recreational area have been added within the existing residential section of the PUD. Deviation#2 was added to allow berms and walls at various locations along the perimeter of the PUD. The applicant agreed to add a traffic maximum peak hour trip generation cap consistent with their updated Traffic Impact Statement (TIS), which is a reduction over their previous trip generation. The applicant agreed to a minimum buffer, including a six-foot masonry wall, between the recreational area and any adjacent residential units. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140000640, filed by Patrick Vanasse, AICP of RWA, Inc. representing Landquest Group, LLC, with respect to the property as described in the Tree Farm MPUD, Ordinance No. 07-54, for the following insubstantial changes: • 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 per acre; • to correct a scrivener's error by changing the density generated from the Urban Residential Subdistrict, Density Band from 4 to 7 units per 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 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 depict the Recreational Area on the Master Plan and add development standards specific to that area; • to modify the clubhouse/recreation development standards within the Residential section; • to remove one transportation development commitment; • to add a trip generation maximum value; • 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 location for the Recreational Area. Said changes are fully described in the Tree Farm MPUD amendment attached as Exhibit "A", and are subject to the condition(s) set forth below. [15-CPS-01428/1210738/1]196 2 of 3 ATTACHMENTS: Exhibit A—MPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 07-54, the Tree Farm MPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. II DISCLAIMER: Pursuant to Section 125.022(5) F.S., 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. !o -2� - 20 [ 6� � Date Mar Strain, Hearing Examiner Appri ed as to fo i and legality: Scott A. me Assistant County Attorney [15-CPS-01428/1210738/1]196 3 of3 Exhibit A to HEX No. 2015-42 Page 1 of 38 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 LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34103 PREPARED BY: PAYTAA- 1 Xc. ZL � CONSNG ENGINEERING U �LTIZ Z 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and GEORGE L. VARNADOE, ESQUIRE PASSIDOMO, CHEFFY R. JOHNSON, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34112R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 Text underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 3aM5.-21)October 23.2015 1 of 30 Exhibit A to HEX No. 2015-42 Page 2 of 38 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 I1 PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT(C) SECTION IV RESIDENTIAL DISTRICT(R) SECTION V PRESERVE DISTRICT(P) SECTION VI DEVELOPMENT COMMITMENTS Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 4tily-29 October 23,2015 2 of 30 Exhibit A to HEX No. 2015-42 Page 3 of 38 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 Text underlined is added:Text stsnelft♦jreuah is deleted. TREE FARM MPUD PL20140000640 July49 October 23,2015 3 of 30 Exhibit A to HEX No. 2015-42 Page 4 of 38 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: Text underlined is added;Text stwak through is deleted. TREE FARM MPUD PL20140000640 3nly-29 October 23.2015 4 of 30 Exhibit A to HEX No. 2015-42 Page 5 of 38 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 Eligible MPUD Gross +/- Density Density/Acre Density Units/Acre Mixed Use Activity 18.69 7.7790.00 16 143.910.00 Center Subdistrict Urban Residential 40.15 47.00 7 281.05 Subdistrict, Density Band Total 58.84 7.22'1.78 9.859.86 /125281.00* T able IB: MPUD Density (*Rounded) 7. The MPUD sets forth a maximum density of 125 281 dwelling units (281 multi- family/single family attached/townhouse or 138 single-family detached units) or 7.221.78 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 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. Text underlined is added:Text struelt-tlifetngb is deleted. TREE FARM MPUD PL20140000640 3e4y-24 October 23,2015 5 of 30 Exhibit A to HEX No. 2015-42 Page 6 of 38 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, 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 Text underlined is added:Text�h is deleted. TREE FARM MPUD PL20140000640 3uly-2.9 October 23.2015 6 of 30 ill Exhibit A to HEX No. 2015-42 Page 7 of 38 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—ORG4413 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 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 ±77-26.4 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, Next underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 411.,-2-9 October 23.2015 7of30 Exhibit A to HEX No. 2015-42 Page 8 of 38 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 ±18.65 69 acres of the property, located within Activity Center #3, shall allow for a variety of commercial a+ 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 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; 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. 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 intersection improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, Text underlined is added,Text sitittelt-threttg4i is deleted. TREE FARM MPUD PL20140000640 3&y-29 October 23,2015 8 of 30 Exhibit A to HEX No. 2015-42 Page 9 of 38 electric power, and telephone facilities. Additional services will be provided as deemed appropriate. Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 3n1y-9 October 23.2015 9 of 30 Exhibit A to HEX No. 2015-42 Page 10 of 38 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 ill Text underlined is added:Text sffileli4lifettglt is deleted. TREE FARM MPUD PL20140000640 July-24 October 23,2015 10 of 30 Exhibit A to HEX No. 2015-42 Page 11 of 38 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 I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE "C/MU" COMMERCIAL MIXED-USE ±18.69* "R" RESIDENTIAL ±39.6139.19 "RA" RECREATIONAL AREA ±0.45 PRESERVE ±0.51 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation conveyance for future extension of Immokalec Road Collier Boulevard, expansion of Immokalee RoadCollier Boulevard, and improvements to the intersection of these two arterial roadways. This right-of-way reservation 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 ±39.6139.19 acres. B. Intensity: A maximum of 175,000120 000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,00043,500 square feet may be retail or office and the balance (above 44-375-00100,000 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. Text underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 3t4h�4 October 23 2015 11 of 30 Exhibit A to HEX No. 2015-42 Page 12 of 38 C. Approved Density: A maximum of 425 281 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 7.22/1.78 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 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 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. Text underlined is added.Text stfne#-tiffeagh is deleted. TREE FARM MPUD PL20140000640 3n1v-2.3 October 23.2015 12 of 30 Exhibit A to HEX No. 2015-42 Page 13 of 38 2772_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#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.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#24 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 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 signagc. Text underlined is added,Text stfnek-tiffeugh is deleted. TREE FARM MPUD PL20140000640 30ly-29 October 23,2015 13 of 30 Exhibit A to HEX No. 2015-42 Page 14 of 38 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 175,000120 000 square feet of commercial/office uses, of which a maximum of 1 43,500100,000 square feet may be retail or office and the balance (above 1^, 500100,000 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 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. Text underlined is added;Text is deleted. TREE FARM MPLD PL20140000640 Rily49.October 23,2015 14 of 30 Exhibit A to HEX No. 2015-42 Page 15 of 38 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. Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 4±4 3,2-9 October 23,2015 15 of 30 Exhibit A to HEX No. 2015-42 Page 16 of 38 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; b. Group 8072—Dental laboratories. Text underlined is added.Text is deleted. TREE FARM MPUD PL20140000640 31*-29 October 23.2015 16 of 30 Exhibit A to HEX No. 2015-42 Page 17 of 38 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. 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. Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 My-24 October 23,2015 17 of 30 Exhibit A to HEX No. 2015-42 Page 18 of 38 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 Pro'ect Bounda 25 ft. 15 ft. MINIMUM YARDS Internal Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft, 10 ft. Side lO ft. lO ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. 10 ft. or 1/2 the sum o 10 ft, MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT Retail Buildin!s with or without residential uses 50 ft. ZERIIIIII35 ft. Office Buildin!s with or without residential uses 65 ft. ITIMMI1135 ft. MINIMUM FLOOR AREA 1,000 sq.ft.**** N/A MAX.GROSS LEASABLE COMMERCIAL AREA 175,000120,000 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 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 1000120,000 square feet; however no more than 113,500100 000 may be retail or office and the balance,above 4437500100,000 square feet, if developed, shall be office. SECTION IV Text underlined is added,Text struck tbe r is deleted. TREE FARM MPUD PL20140000640 3s+l*' 9 October 23,2015 18 of 30 Exhibit A to HEX No. 2015-42 Page 19 of 38 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, 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 42 -281 multi- family/single-family attached/townhouse residential dwelling units or 138 single-family detached 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 dtivelling 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 squarc feet in aggregate. No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. Text underlined is added.Text is deleted. TREE FARM MPUD PL20140000640 4ttly-2 October 23.2015 19 of 30 Exhibit A to HEX No. 2015-42 Page 20 of 38 B. Accessory Uses: 1. Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without and 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 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 3ely-2-4 October 23,2015 20 of 30 Exhibit A to HEX No. 2015-42 Page 21 of 38 DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO'•2& FAMILY ATTACHED& ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS` 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 NA MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/4 MIN FRONT YARD'" 15 FEET 15 FEET 15 FEET 15 FEET N/4 MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or -13-10 FEET N/A 65 FEET 56 FEET MIN REAR YARD 447.5 FEET 447.5 FEET 43-7.5 FEET 20 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 4-2-10 FEET 12-10 FEET 42-10 FEET 20 FEET or N/A V2 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 s 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 N/A MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE NOT TO EXCEED 42 FEET 12 FEET S.P.S.: Same as Principal Structures. NTE:Not To Exceed BH:Building Height Text underlined is added:Text*melt-through is deleted. TREE FARM MPUD PL20140000640 3aIy-9 October 23.2015 21 of 30 Exhibit A to HEX No. 2015-42 Page 22 of 38 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 (f curbed) or edge of pavement (f not curbed). Setback from lake easements for all accessory uses and structures may be zero feet(0). 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 fcct (6')five feet (5') on the other side in order to provide a minimum separation between principal structures of twclve—ten feet (424g.9. 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. 5) 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. Text underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 dal''-2.9 October 23.2015 22 of 30 Exhibit A to HEX No. 2015-42 Page 23 of 38 4.5 PERMITTED USES FOR RECREATIONAL AREA, LABELED "RA" ON MASTER PLAN 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 the 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: I. 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. THIS SPACE INTENTIONALLY LEFT BLANK Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 3a}y-24 October 23,2015 23 of 30 Exhibit A to HEX No. 2015-42 Page 24 of 38 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 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 25' MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 42 FEET NTE:Not to exceed Note: Where the Recreational Area abuts residential lots,the required 15' Type B buffer shall include a 6' wall. Text underlined is added:Text stfusit4hfetegh is deleted. TREE FARM MPUD PL20140000640 3uly-29 October 23,2015 24 of 30 Exhibit A to HEX No. 2015-42 Page 25 of 38 THIS SPACE INTENTIONALLY LEFT BLANK Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 3t4 October 23,2015 25 of 30 Exhibit A to HEX No. 2015-42 Page 26 of 38 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. Text underlined is added.Text through is deleted. TREE FARM MPUD PL20140000640 4til 29 October 23.2015 26 of 30 Exhibit A to HEX No. 2015-42 Page 27 of 38 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, •- : ..: , . , .. , : •- - -- -- adjacent developments shall be operated and maintained by an entity created by the developer and Collier County ssa11 haw c ►3e-respe sibility for maintenance of any such facilities. 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 is deleted. TREE FARM MPUD PL20140000640 July-2.14 October 23,2015 27 of 30 Exhibit A to HEX No. 2015-42 Page 28 of 38 DC. 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. 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. FE. 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. CF. 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 I4G. 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. 1H. 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 4-PI Avenue N.W.Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Text underlined is added:Text ugh is deleted. TREE FARM MPUD PL20140000640 M5-29 October 23.2015 28 of 30 Exhibit A to HEX No. 2015-42 Page 29 of 38 141. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the developer 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. J. The Tree Farm MPUD TIS was based on a development scenario that assumed a variety of commercial uses and a maximum of 281 multi-family units. The total trip generation was estimated in the TIS to be 580 PM peak hour two-way external trips to adjacent streets based on ITE trip generation rates. The development scenario analyzed in the T1S may change. However, the Project's estimated trip generation will not exceed a maximum of 580 PM peak hour two-way external trips to adjacent streets. 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 one (1) areas to be granted as an easements to Collier County for a raw water wells. The dimensions of these this well easements shall not to exceed 100 feet by 100 feetbe at a maximum 80 feet by 50 feet. The approximate location of thisthese 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 ExtensionCollier Boulevard Extension. There are two possible locations for the southerly raw water south of the "P" Preserve Tract, and is adjacent to an internal drive which, if - - -:, - •• -- -- - y access and utility easements. Option B is located at the southeast corner of the project and is located adjacent to Right of way The grant of these 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 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 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 Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 311ly 44 October 23,2015 29 of 30 Exhibit A to HEX No. 2015-42 Page 30 of 38 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 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. E. -- . :: • : - ; . . ontributions 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 Text underlined is added,Text stfuelt-ttifeutik is deleted. TREE FARM MPUD PL20140000640 3t 1y-24 October 23,2015 30 of 30 Exhibit A to HEX No. 2015-42 Page 31 of 38 i i i :--' T :: = ;, rT, ' 1 tr'-' • 7 ,. :f. ,_ ..... , r 1 1 ti- II IL II - . I IM .1 — ,.,- 2 . I I rij1.1 fi, , 1 __ _ .., ..T. _..1 , ,....- IC ' 1101 1 li g: I hi-. 7, FT . > ..1 .-0 11. k 1 1, •-, 4 . 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EXHIBITA MASTER PLAN 6610 W)ow Park D66,Suite 2001 9eppex EL 34109 o g ES PfR G6owa M041.116M Cauuw9S o co.„ 0(fia:2355970575 Fee(239)391-0575 6001160 me mwmcenn6tv.w COnasxnwnoawet t Mls 010101 consult-nva.can a� Exhibit A to HEX No. 2015-42 Page 36 of 38 _ ...t._ t10111N01105 l'Ititaint97:10 3$100111174834 i § .I I . . 1 I UMW 3ThOlOC1111 i f ! 1 .. ) 1 is i f. I '."s•' r •, . -7,. ,,,,, 1, il • ; 1 ' i , , ,s . — fo .:. , • • / I .• I 1 - .•,. 1 1 i r i ---------- i I '----11 I '. IR k•yi te * --- -- --, — r la I L l•i 1 ! 1 il 1 e V :..r.7,1'--- ' 5 ' 'L';'il, i . - 1 .._F f I i I V . tri s2-- j 0 i. ..-- ----------7 1 .1 [111111 ) . -----ft 11 •• , i \ s/ r;ali : . \ \ t r .- 5 a . , --_, --_ --....— 1 WTI . < ..---. -- . -—---17•— 311iii . 1.1/14 /11 — ■--- iBi • id —1„\ N PI 1 I iEvl P ■ , .". . 1;:t IA - • ` i 1 ! I I:4 1 i I ' ' ti i 111$ iiii , i I . , • . `..! ■ 1 •V ' -,, _. . -, . i j 1 , . :;• et s •• , I '\ .• —' it • ' ' ! aj ' i 1. 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I : I I ?,11,•• ':C.,t5 11 i I r I I 1 1 SA 4 ! i V 1 i i rI- , . )-, t / r,0 I I 1:31'.; ',........1 I 1 ''':f • 1 I ., ";',50' ti", I -!- • .••:':-.--.4.,', I ,../.,:1."-.,, !1 ,....C.: F . 1 ■ I P ! ! -,c ; 1 • p , !I... . i ,x,• . . d i 0 ....,. ..[ZI 1 _. i -1-. ! . . 1 i . . . > i 7 I..; 1 : . • ' 1 `,.%;P;;; 1 . 1 ::Iv \ ■1,'S 1 I ij rTi- r•P'A,,„ 7: 1:2 r• fir,..' . il :--x• 9. ;.:: 11 ?' .1 C• '. . ,‘...: 1 • I i I I • I 1 I I I I I I _ __ .• • , L.A ND TRUST TREE FARM MPUD ,. .., ,() ,., , ir..., , (ROSS SE("TIONS -M.II. y i.1. -E. vi..,,,.•.Pro,r1.Ninriaxurs ....... . .....,..-....-........”.......-........ . ..- AGENDA ITEM 4-B f * Co p 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 Band 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 EXHIBIT October 12,2015 l ►D/ZZ%, Jr .... i call � i i _______ .., i f j 1 6 i i ; II aaa©irovati eP s i -A I : , 0o i �i :�. i 6 y Q CM CM a.. .IrgY..'d O MIN MI rs Z P00 % II 1 i s N It esu.g. 0 4 i I GC�CD At i y °'�,v ors ULLCop 1 i gc I tip WA NUR W V N J'I n. 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O N \._\.______ Z _____ _J g it,.; D..r. LANDQUEST GROUP , + 1°511: _ g EF' "Dgt TREE FARM MPUD I. 9 y ENGINEERING • 00.00".L.wrr1n.c.cwwHir5 WED 0.50.•a x 5. '�, t 1 _ sonde CMIIIC&n oIAutMnnton EB 7663 LB 6952 j tMSED x020 wr156rcvca.wfnrs onr[onA.x50 MIS 5 8 g 2 m., EXHIBITA MASTER PLAN 6690144d9XX D,,5wwe,suite 200 I N0.00,a 34109 K.40.00.0m 0010400105 0.000N75 Office(239697.0575 Fax(239)637-0575 uvrztc PU rawsnCennarwrw co55044+500no449t99619 wwwconsuh-rwa can . ...di 000.0 SOPS,r d - 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 3 as .; i $ . '( - .. 41i �irr ; , f,..„.t./t I,7, SUBJECT ' SITE a Ili 0 f ' ylr '1 re 1R- 4.�e, i"irk t iyy , : _ y am" r_i ` - ¢. , -14 Ls:w Cr,.mil/O+so YASfivm llapwc t a r , ''..' , 3 I o- - - 3:.- 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 MPUD, PDI-PL20140000640 October 12,2015 • A reduction in density generated erated 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 ICI • 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 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, safely 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 10.02.13.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: i I 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 12 of 13 Tree Farm MPUD,PDI-PL20140000640 October 12,2015 PREPARED BY: &lig, s ",0 09) 206 NANCY II DL H, AICP, PLA DATE PRINCIPAL/PLA ' ER ZONING DIVISION REVIEWED BY: 10 I, RAYM PP '' D . BELLOWS, ZONINGNIANAGER DATE ZONIN H P IVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION Page 13 of 13 Tree Farm MPUD, PDI-PL20140000640 October 12,2015 PDI-PL20140000640 1g91a1112�3 � REV: 1 /ah m IAN :*,,A0 ORDINANCE NO.07- 54 °�► 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, "*"Z 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 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 21„, day of 2007. PUDZ-2005-AR-8284/MDJIp 1 of 2 Attachment A A7;1ST. w, BOARD OF COUNTY COMMISSIONERS •.,DIROHT E.:OR CK.CLERK COLLIER COUNTY,FLORIDA t / /,/ By: inglatara as orauti Clerk l r': .COLETTA,CHAIRMAN Approved as to form and legal sufficiency: n, J I +0tGi..dt!wf - Le• 1srieJ►iI.Student-Stirling Assistant County Attorney iI This ordinance f•!t!d with the Secretory of State's Office th . dayof and acknowledgement of that fill iwed this day of F pUp7.2009.AR42M/MD/sp 2 of 2 Ds_taw 1 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: Rity/ANc. .L a.S i iii 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 34112 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND APPEAL: EXHIBIT"A" C:1Docaanents and SatuoOlsandraheall.acat Selling$\Temporary Internet FikaVOLK1C912007-07-02 MPUD(final County anomcy ievisions).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 CADocwnema and SettingaWndraherrea,Local SeningekTenporary lntemet Fi eaWIXIC9V007-07-02 MPUD(final Carry attorney reeiabtr).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:1Doclametts and Settt�tLocal SettinpUenymary Internet Fika\OLKIC912007.07-02 MPUD Most County attorney revisiom).doc 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 (GM?), 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:1Doaanems and SettmeAm dahenesaLLocal SettinaslTenetotery Internet F ies1OGU C92OD7-07-02 MPUD(find County attorney revieioro)tdoc 4 of 26 h-,t-4-4;;P Y ) �r 0. R7 2, ,,,,f*i. 4)�y1t 0.0s04-.-.0' Ar . ,''� 6 11„-,,,- 4 1 k?Al r.l, p . >.,:+ " 1 KW Y ['4,,;'s.- :%`".'*-' i - f 0' '.4 3 ° : ...,.. �� $ 6 d '� t sf R 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 1 9.85 580.00* Table IA:FLUE Eligible Density(*Rounded) , y 03" e43.'ihf ea?, if 'k,� n-i :r" 1 4.0i.g- :;mrib - ', ,",'';.r�• 11_ , '1 ,`. 1 JxYt,. . .r ,.1 : 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) 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. C:1DOcumeni,and SettaajaksandrakenaraNLacai Setlingsgemporary Intent Fdes10LKIC912007-07-02 MPUD(fool County amorney tevisions).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 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; CADocumenb and Seuiogsda�atenet j ocal SettingalTenporary Internet Fila1Ot.KI 0912007-07-02 MPUD(final County attorney rcrisions).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 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:\Doarners and Settings ai hene Local Settintp\Tanpoeary Internet Files1OLJUC9\2007A7.02 MPUD(furl County attbmey tevisios).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-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:1Dxmnents and SaInnonsandrahanatatocal Salti gerenyora,y Incenses Fila10LK IC9%2007-07-02 MFUD(final County tlfomn vcvndons).doc 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 C:\Docaments and Settingslsandnheneratneal Settings\Tsnponry Internet Fiks\OIJCIC9g007-07.02 MPUD(Anal County attorney rev ).doc 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 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. CADocannida and SeningSW,tdrdan va'Local Saltiassa uoruy Went Fr7nOLKIC912007-07-02 MPUD Vaal Colony warner minions/40c 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 1 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:ADaewunra and SctnnOsandraherrea■.ocal SellanplTenporary Internet Fan\OLKIM2007-07-02 MPUD(Roal County anomeY iavaiw}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. Signs e, as permitted by the g p y 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:\DowonenbandSedingtVandraheriers\1.ocalSettings\7emponrylalanetFtIesiOLXIC 9120 07-07-02 MPUD Moat Countyattorney> ).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 ± 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 Usest: 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; t Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1 987 Edition. C:1Docutneats and Selimpa dsah,netaQap1 Senings1Tenpo,ry Internet Faes\OL&lC992007.07.02 MPUD(thin County attorney reviaia n•doc 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:1Docsenents and Setting sandrahetseraLLecal p Teapotsry latens t Files1OIXIC912007-07-02 MPUO(Awl County attorney tevisions).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:lpocumenta and SeningskaandlakivergLocal Seuings\Tentporcy internal Filoa OLKIC912007-07-02 MPUO(Anal County Mundy rcvispnsldoc 15 of 26 b. Group 8072—Dental laboratories. 1 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. C:IDoeuneso and Springs u dxa►eneaU.aeal SeningskTanvoary IMs,n t FikMOLK1 C9 V007.0742 MPUD(1'n.J Ca my attorney avisioac}doe 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 Inmtokalee Road Canal ROW 5 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 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. 62 ft.*** 35 ft. Office Buildings(with or without residential uses) 65 ft. 77 R.*** 35 ft. MINIMUM 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. *** 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:1Doaalbus and Sethossina drshene+aocal Seuings<Tanmary Internet Filed OLXIC9V007-07.02 MPUD(anal Canty attorney revsiero).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;Downants and Seuinge st dent m∎Local Settings\Temporary Inumet FilcrOLKI S\too7-07-02 MPUD(fuel County attorney ievisions).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. THIS SPACE INTENTIONALLY LEFT BLANK C:\Docwnema and SettingsWndraheueii\Local Satinga\Ten orary Internet Files\OIK1C92007.0742 MPUD(final County aaotney nevisio®a).doe 19 of 26 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO°& CLUBHOUSE/ FAMILY ATTACHED& ZERO LOT MULTI RECREATION ILY 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 MN SIDE YARD 6 FEET 0 FEET or 0 FEET or 15 FEET N/A 6 FEET 6 FEET MN 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 MN.DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 20 FEET or N/A '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 I 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 s 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: lithe 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(f curbed)or edge of pavement(if not curbed). Setback from lake easements far all accessory uses and structures may be zero feet(09. C.'Doeumeoa and Settings ka dnhnrera 1 ocal SellirtslTr n ovary Inleroet FdeinOIXI 0912007 47-02 MPUD(final County attorney revi*ions).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. 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 C1Docmnents and Satings■aandedmnennLoed Settinga\Tempotary Internet Filed OLXIC9120o7-07-02 MPUD(Seal Casty Imnlcy revisions/40c 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 PIan. 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 spar-es/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. CADocumenta and Smfinganindrabannancel Se tiige\7enyotary Internet fikeOLKlC9■2007-07-02 MPUD(trot County anorney revisions doc 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. CiDocwnenu and SettinOsudral era∎Locd SettintslTengonry Imam*FileAOLKIC912007-07A2 MPUD(float County ggpmey revisionsWoe 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. 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. hnmokalee Road from Collier Boulevard East to 43rd Avenue N.W. 3. Collier Boulevard from lmmokalee Road south to Golden Gate Boulevard. C4Docun:nts and S euinp undraAaearalL ca(Settingeremorary Internet FtktAO1.KIC912007.07-02 MPUD(final County attorney revisions).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 C:LL7ocumente and SettindeVandraherraratLocal SetnatuNTen onry Internet Fir&OLK1C912007.07.02 MPUD(final County attorney tevisions).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 $0.50 per commercial square foot built in the project. THIS SPACE INTENTIONALLY LEFT BLANK C:1Docurnents and Settings rbaTea\Local Seninas1Tenporary Internet FiletoLKI C912007.07-02 MPUD(final county attorney avisions).doc 26 of 26 z 1 1 4 i a i r r F i' G _ g ��'��III;;; M ^ < I R 4: n ttx7 _ "ro •I I, 1 so '' I 1 A ..":1 I 1 2 ...$ H $N O rn z6 „d ,hicCD "il �.,,, >a COD 4CD r Pg Nw 1 is11An' IJ nr 4 C y • j l• 5,.1 r 1 1 P' rnal iRn 1 .0' f1F7 \'A +�� ' ' ' ix e1 .0 F.fs Ai A :i7_ i -;,;AIkt .c. '''''' _,...---- • -....-., ' .11._s..:------- . II .1 ,`� 1 '1_ _�1n�t ...� 1. Ail ,� � fit' , -' - i,. ,,,,..+%r•� _l ‘t- \, \• i.k 1 ,\'‘,i r''`\ \ il$ 1,:,\ I, 1,, ‘ \ \ I St t s . 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I Cil 11 st — • ii 1 ' i 4I ' , ` —--,if r tri �;. i . 1 ! y 0" 5 js i 4 '� a b ' it - r '' III 9. • . :" � TREE PARA. °� • • LAND TRUST TREE FARM MPUD �1 A v_ obs NO =Owl .. CONCEPTUAL W.A TER .1.4r. t V , s �•Fps ... MANAGEMENT PIA N ;.,a.......wa a.va....,u...a, • 1 f r'-'171:1.•4 •- ........= t h ...:1 .M ! 1 .w 1 n . 'YKJ;':i �t 4' .rr r a. _ 3 •• WI:v i-rop n• :r. `I Lela • ' ��0 ..ti Op.. 1•y' gyr r. 0-3 R1..,: r .va ccocoo roccrcnoe 00oC'u;�.• papcpapapgr��..a5,:p 6.appopppo1:104. c•• �•-• .rte — �� "� �` ►� ppp..300acop NN i. 1 :11:70ppppDp is. IF, •!• ! ►••1 es ''''' 41.321P ' li:V tom/ _ ! *..-1 p . popaposca�, ,..."---- ll, :__I 1 :.00vaeo3` CP cocaocuoc.e I I — �_i _ui S ,! ;'•'- R15 )1671 ! , 1 il ! 0. 0 I I t i ' 6 , ›, . , c-) N ` tri ' f tri x 4, if k x ,a 1,, f I i CO i I • TREEFARM LANDD TRUST TREE USTFARM MPUD AA CONCEPTUAL NATER `1 I"wn.Nolen^hmner ors&M Ma ., MANAGEMENT PLAN 1 ._.... I--—....—---...--_ ..... . ..... • i I i I C, A 1 1 z c0-1 i . I 1 i ! t / ill I lo I i 1 I I g i s. ••• . 1 1! I I i i I I ---1 , 5‘ I 1 z" .011- ....!:'. C<-16, ;AI T., I . ,c! L''... t•7v '1—.........--1- /N 1,: [i i I-—— •...i I I':,1 i<. I I 111 I I! r I li,r1F,1,1 7.' *0:•' 7.. t :73•=2;y rl Y -7 .6,..., .• ,.1 • . ?-:P'• . I 5. .s, 1 • - Ii. TREE FilR.W .. LAND TRUST TREE FARM MPUD ,. .. ..,. •-• .., .5, , • . I t ontr....4,..1.4-..3r.it Mcc)o.P. I..li•I‘ •••N.• (MISS SECTIONS .11.gli. 11 V.4. =MI. 11.rn•••.roNLc..Alanaga, ....-—............ - 1 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 B. BROCK Clerk of Courts and Clerk.}' Ex-officio to Board of" County Commissioners. 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 2600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES, FLORIDA 34105LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34103 PREPARED BY: RUA- cc>NSULTINC • ENGINEERING � t ♦ .L s 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 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 Text underlined is added:Text is deleted, TREE FARM MPUD P1.2014000O640 { 90etober 4.2015 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 Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 9Octobcr 4.2015 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 Text underlined is added:Text strualiadiseto is deleted. TREE FARM MPUD PL20140000640 J -9October 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+/- 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)-&e ft. 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 underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 3eruOf.aora.2015 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 7780.00 16 143.910.00 Center Subdistrict Urban Residential 40.15 44)87.00 7 281.05 Subdistrict, Density Band Total 58.84 7.221.78 9.859.86 42$281.00* Table IB: MPUD Density(*Rounded) 7. The MPUD sets forth a maximum density of 425 281 dwelling units (281 multi-family/single family attached/townhouse or 138 single-family detached units) or 7.221.78 dwelling units per acre. - - - . . - - - - -- - _ _ _ • - .. . -. The ortion of th project wi 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. Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 st bej4.2015 5 of 29 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, 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; Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 iukr-Z4C:;ober a.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 asigneeassignee. 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 ±7.26=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 underlined is added:Text stnwk-Iheeuuh is deleted. TREE FARM MPUD P1.20140000640 4t ir-2 Oc'oscr 4.2015 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 anil fesidentiel-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 tae 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 fut re extens:,., 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; 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. Afklitienatlythe Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 Jaly-290ctober 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. Text underlined is added:Text struek-threijk is deleted. TREE FARM MPUD PL20140000640 du4-9October 4.2015 9 of 29 1.7 SHORT TITLE III This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development(MPUD)Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK 1 Textenderlii is added:Text steeekniktettgla is deleted. TREE FARM MPUD PL20140000640 3-00ctober 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 I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE "C/MU" COMMERCIAL MIXED-USE ±18.69* "R" RESIDENTIAL ±39.64 39.19 "P" PRESERVE ±0.51 "RA" RECREATIONAL AREA ±0.45 _ TOTAL 57.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation conveyance for -- ':::Collier Boulevard, expansion of lmmokalee Road and improvements to the intersection of these two arterial roadways. This right-of-way reservation-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 ±39.6139.19 acres. B. Intensity: A maximum of-1457000120 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,00043 500 square feet may be retail or office and the balance (above Text underlined is added:Text s&acek-tiueugK is deleted, TREE FARM MPUD PL20140000E40 3al~-290ctQber 4.2015 11 of 29 -143,500100,000 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 7.224.78 dwelling units per acre. A m m ef t 5 percent of the density generated from the Activity Center acreage shall be projeet—within—the 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 underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 4alv-290ctuber 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. 242.8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. I. 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.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#-24 . Text underlined is added;Text aniselt-thieudi is deleted. TREE FARM MPUD PL 20140000640 hiv-230ctnber 4.2015 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 175,000120,000 square feet of commercial/office uses, of which a maximum of 143,500100,000 square feet may be retail or office and the balance (above 143,500100,000 square feet) is limited to office use. • - - -- !!! - .: - -- _- -- • - _. . • _ . • _ . - - - . _ . . . • .•. ••• _ . . • _ • •. . . _ . . . . . . . 50% of the 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. Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 Oc;ober 4.2015 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 MPUD PL20140000640 duly-29October 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 suuek-trough is deleted. TREE FARM MPUD PL20I40000640 3u*-' October«.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 Ill 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. Text underlined is added;Text is deleted. TREE FARM MPUD PL20140000640 3Hly49October 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 s . 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 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. 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 -14-5.000.120,000 sq. f.*****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 -I.75000120,000 square feet; however no more than -1.43.00100,000 may be retail or office and the balance,above 143,500 100,000 square feet,if developed, shall be office. 1 ext underlined is added:Text eteueit-litrettgb is deleted. TREE FARM MPUD PL20140000640 July-29October 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 /125 281 multi- family/single-family attached/townhouse residential dwelling units or 138 single-family detached units. - - ' • - - - - . . . - -_ - • _• •• •. - - - -• • - • , - • ■ L. - , •• , - - • • w• • •- •. n . • - • - . • • . , -t • - . _• -- _ - - - - - - - =-- -.- . 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), , Text underlined Is added:Text streak-through is deleted, TREE FARM MPUD PL20140000640 3t 29()ctQber 4.2015 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-Eheuses, private garages, swimming pools uland 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 muek-Nxeueh is deleted. TREE FARM MPIJD PL20140000640 3tk6 ctobcr 4,2015 20 of 29 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO"& 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. -10,000-8.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET NIA 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 14 15 FEET 15 FEET 15 FEET 15 FEET NA MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or 43-1QFEET NA 6-5.FEET 56 FEET MIN REAR YARD 3.5-7.5 FEET 44--FEET 4521 FEET 20 FEET NA MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MN.DIST. BETWEEN STRUCTURES 42-IQFEET 42-ijFEET 4-2-10 FEET 20 FEET or N/A t/z ZONED BH, WHICIHEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE c-rn . 42 FEET 42 FEET 42 FEET 50 FEET 50 FEET ACTUAL HEIGHT 3 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET WA SIDE 5 FEET 5 FEET 5 FEET 5 FEET -I:4A REAR 5 FEET 5 FEET 5 FEET 5 FEET NiA PRESERVE SETBACK 3 10 FEET 10 FEET 10 FEET 10 FEET NIA MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2--STORE 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(09. Text underlined is added.Text is deleted. TREE FARM MPUD PL20140000640 3ulr-29Octcber 4.201/ 21of29 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 six fcct (6')five feet (5') on the other side in order to provide a minimum separation between principal structures of twelve-ten eet (1-3'1j. 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. 31 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 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. 614) 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. II THIS SPACE INTENTIONALLY LEFT BLANK Text underlined is added.Text is deleted. TREE FARM MPUD PL20140000640 90cusbcr 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: 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/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: I. 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 is deleted. TREE FARM MPUD PL20140000640 301v October 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 N/A MINIMUM FLOOR AREA N/A MIN.FRONT YARD 25' MIN PRESERVE SETBACK 25 FEET MIN.SIDE YARD 25' MIN.REAR YARD 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 25 MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 42 FEET NTE: Not to exceed Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 lair 290ctober 4.2015 24 of 29 SECTION VI PRESERVE AREA (P) 65.1 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. 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. Text underlined is added:Text is deleted. TREE FARM MPUll PL20140000640 ;rre,4)Ucti, er 4.2015 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. 76.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: _- . .. .•, , . - .. - - •- - .,,t, f chiti es Ali. 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. Text underlined is added:Text shuek-through is deleted. TREE FARM MPUD PL20140000640 4aly-290ctober 4.2015 26 of 29 D-C_. The applicant shall reserve rights-of-way for the-future Collier Boulevard ion 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. F-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. 61=. 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-.-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. 1H 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 43`1-AvenueN:W.Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 J -240ctober 4.2015 27 of 29 I-I IShould it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the developer-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. A-:—The developer shall reserve we-one (1) areas to be granted as an easements to Collier County fora raw water wells. The dimensions of these-this well easements shall - • - '' = • " be at a maximum 80 feet by 50 feet. The approximate location of thisthese well easements is depicted on the MPUD Master Plan. The north° -water well easement site is located at the northeastern corner of the MPUD, and can be accessed from oilier Boulevard Extension. - .. .. . - - . e - - «,,,• _ • . e ; . -. _. . . • - - - -- ' :• • The grant of these-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 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 64 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. I 676 7_6AFFORDABLE-WORKFORCE HOUSING: Text underlined is added:Text is deleted. TREE FARM MPUD PL20140000640 3t+F,�2 Oct oocr jau 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 Text underlined is misled:Text is deleted, TREE FARM MPUD PL20140000640 lia4-290ctober 4.2015 29 of 29 Cc� er Cc�H.-n.ty 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 4th 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 i 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. The proposed residential portion of the subject MPUD 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 DU/A 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 FLUM Designation Acres+1- 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 41- 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 Drive•Naples,FL 34104•239-252-2400 Page 3 of 4 I . . 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.] 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 01,1.�E? Exhibit D • ' sI' • Final Compliance Agreement COLLIER COUNTY (0` 1.0~ 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, YikAarIL'ka, Jennifer A 1pedio Assistant County Attorney JAB/tlk Cc: David C. Weigel, County Attorney Attachment D 3640632 OR: 3823 PG: 1809 RICOIDID in OFFICIAL UCOIDS of COLLIII COOT!, PL 06/16/2005 at 12:01P1 DWIGHT I. BIOCI, CLIIS Prepared by: UC /II 69.50 Jennifer A.Belpedio RIO: Assistant County Attorney court ATTOUST 2800 North Horseshoe Dr IITSIOPPICI Suite 300 Naples,Fl. 34104 ATTI: MII111 A 811,11010 COMPLIANCE AGREEMENT This Compliance Agreement("Agreement") is entered into and made on this 1Aay of S, 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 • 1.. Gs:t• .. mber 00187240000. C) RECITALS ��' WHEREAS, on July 16 21 r, . my al ged . getation removal violations !!,� (Code Enforcement Case N m.. •1. 17 ) . I,70 /7r 1. . ed at the northwest corner of the intersection of Imm• 41 - Road and Collie -1; •ul•var. a .,d identified by the Property 'r_ o Appraiser as Folio Number 00 . ' •111 ("Subject Pro. 111)., d o 1`S WHEREAS, the Parties ac I •w { + ■ It• . arm Land Trust, and Timothy G. Hairs, 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 6 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 • • ses of a right-of-way expansion of Collier COO Boulevard; and • WHEREAS, the vast ' al•• . I 1.13 acres o eg tion that was cleared without authorization is located wi in • •: •• �•_• the County Transportation Department;and t, WHEREAS, Code z • ment staff, Coun o • .taff, and the Environmental Services staff met to discuss R '4. ...al and other ._ i ; actions that may be taken by the Trust to resolve the issue;and 711E CTRL 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 • 011: 3823 PG: 1811 I. 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 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 �I R CQU�r request; its uest; 4. The Trust a. • • • •ay the Coun • y quired after the fact clearing fees for any area cleared wi ou - a'°1 5. The Trust a: - '1: anti• .ut t rezone expires because of a failure to improve the prope an the Trust will " •mi a ,• ,lete and sufficient mitigation plan/revegation plan and any o ar-•uired application • County along with the required fees no later than the date of expiratio ��. , }�t-• • 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 : . •-—. Ps 're agreement between Respondent -. Trust and the County and . no• 1 • . ■ •rat •r written, between the Parties relating to any matters cove f • : 1• - I. r whatsoever. ` �: 10. The Parties • • , , • • the • ts, additional and different re or contrary to the facts whic I r. believe to exist,m , no e(5•V,r may be discovered after this • Agreement has been entered, : :I OA • : 'es agree that . • , a additional, different or contrary facts shall in no way limit,waive,aff- Pr , red t =ment. 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. 4 of 6 OR: 3823 PG: 1813 Signed,sealed and delivered in the presence of: TREE FARM LAND TRUST 4 4— (S,A, nI - 4.0W4/2 404- Printed Name of Witness Timothy G.Hans,Trustee of Tree Farm Land Trust Gam.; AO' Printed Name of Witness STATE OF FLORIDA COUNTY OF LSO[.�./BIZ -R C tjA ti BEFORE ME,the and .:i s - notary public,perso •1 y 'peared T.4f 7J/ 11A-mtS ,as 1i - o ' ' ' FARM LAND TRUST who is personally known to . ,r'r � �!`��t TA as identification,and acknowl-i :. :t(> . -• 1.7 -IT , behalf of TREE FARM LAND TRUST and that(s)he was • • Mk_ H 4'4 IN WITNESS I- • 4! ,I hereunto set my ,','; ' y s ial seal.‘14 *)** 1/4■MaitZ03"‘C■ #$) v PUBLIC,STATE OF FLORIDA 744A/de /M/#4 ALL) (Print Name) My Commission Expires: (SEAL) 1KOdYMpO kurtnaNawrartionon �. . 5 of 6 OR: 3823 PG: 1814 COLLIER COUNTY, FLORIDA BY: (if( AMES V.MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: Jamifa A.Be to Assistant County Attorney STATE OF FLO'. D A COUNTY OF app �� QJ'l�Q.o as of COLLIE a ►l ,who ispersonally known to me or who produced �toa.� _ iden ca i •n,and aclmowledged tEaa ' s e executed the same on a : of• • I • 0 a (s)he was duly authorized to do so. IN WITNESS t !4I øi1 ,1: ,.. .! al • � :LIC, ATE OF FLORIDA soe \ Vattire t Name) My Commission Expires: (SEAL) r _ amee Wr4eooe 17 s°sMTMMyMPlYsllieems I - 6of6 r OR: 3823 PG: 1815 S PASSARELLA AND ASSOCIATES,INC. Consulting Ecologists 9110 Cow Pointe Court r Fort Myers,FL 33919 .' Mae(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 . • • -.$ • .�.i. 1.-.• using 2003 rectified Collier County Property Appraiser's color aerials r � ••" _ to map the vegetative communities was conducted on • �;. . 18, 2004 • •A• Florida Land Use, Cover and Forms Classification Systems C«' Level Ili. FLUCFCS was utilized to d e n o t e exotic species d i s t u r b e. - • s • , • •I 1.) • ' • . was used to determine the acreage of each mapping • p. •• .,.. . . -FLUCFCS map.(Figure 1). A total of 11 vegetative asso.'ati r�Zan.. s , •es)were identified on the property. Of the 11, only tw TM ..•.Cliqp LL.• • ve vegetation communities. . Those areas are the Pine :. • `,B . ■ '^ Exo• •': '• ° ' CFCS Code 4119 E2) and Pine Flatwoods,Disturbed, - •,•► 50-75%(FLUCF _ • •e • n' ' ). These areas total 2.021 acres of native vegetation. • • The total of unauthorized cleared . :•. • • • . : -• ..1 . 1 acres based on the FLUCFCS map, a site visit conducted on Septem• aerial photos taken on July 22, 2004 (Figure 1). The native vegetation that remains on the site after the clearing totals 0.891 acre. The native vegetation to be retained for the site with 15 percent native vegetation preservation would be 0.301 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 Ferns Classification System. Procedure No.550-010-001-a. Third Edition EXHIBIT I A- . _ • f• Ifq • N • / . • - C 1 -� �'- ` j . 44 • • • • • . At I II • 3. a. O I MS t •• \� •• ems Ca • n 1 >. 01 se • • 40. ,t-... fix. a •- ' „p*,.; _ L - r A.It f'm` MILL Minlia1.1NN AMMO i1O° m• R NIIIIN aa/snwa/wn aft/ 101110 011111 ea i1A1a! jf �� MI! - 41w A1N�R VII in MisliNlift j f411 ACtl~�P •M +.N4MMO0♦.iAlli.na .IfA.. .AIR v'a'K gml s AMOCO 1611111111.11•1W01 -I: �I1w.aa aa.... 'S i � MI yaa.rara 10117.11001 u.. .• 0•�/.��A WM u t 1iA 1Y1�al.eL aaLM 10174 ME/UM is ft UK N VW 'Aa euvalumm R1l4tl.u.o N.w,wP sum .w An MOT 1001 IDYL r.w Ufa 14144. /1�.1 1'� Yla1MfR S isms MI!Ml. MNIRNINEP RA.hllall' mop amMI MALT To num. I Bilif‘-'111111111 "� SAdril aaa f.eanrfit�rro r n. �.....�.. 1* Co�tiny.Bbotoysta i! ',A.,1_ a,— ++no caw Amos ism.Mt ah.tl,i+.1:r. 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 3/4 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. 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 (DRI) 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 Cofer County 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 Land quest Group, LLC Name of Applicant(s): q p' Address: 5150 Tamiami Trail North, Suite 401 City: Naples State: FL ZIP: 34103 Telephone: Cell:Cell: Fax: E-Mail Address: max @Iandquestgroup.com Name of Agent: Patrick Vanasse, AICP Firm: RWA, Inc. Address: 6610 Willow Park Drive, Suite 200 City: Naples State: FL ZIP: 34109 Telephone: Cell:Cell: Fax: 239-597-0578 E-Mail Address: pvanasse @consult-rwa.com R. Bruce Anderson, Cheffy 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? I I 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 Sty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 n 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. n 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. Ix I 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 n No If no, please explain: Has a public hearing been held on this property within the last year? n Yes • No If yes, in whose name? Has any portion of the PUD been SOLD and/or n DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes •I 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 X ❑ Project Narrative, including a detailed description of proposed changes 16 (X and why amendment is necessary Detail of request 1161 X Current Master Plan & 1 Reduced Copy 16 ❑ n Revised Master Plan & 1 Reduced Copy 1s Ix I Revised Text and any exhibits ❑ ❑ X PUD document with changes crossed through & underlined I I I I PUD document as revised with amended Title Page with Ordinance# 16 Ix I I Warranty Deed © X fl Legal Description 131 Ix I I Boundary survey, if boundary of original PUD is amended I I I Ix If PUD is platted, include plat book pages ❑ I I List identifying Owner&all parties of corporation 2 X Affidavit of Authorization, signed & notarized 2 Completed Addressing Checklist 1 Ix I I I Copy of 8 1/2 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 121 Ix I ❑ 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 } 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 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director © Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SW FL: Nichole Ryan ❑ Other:Transportation-John Podczerwinsky ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial(POI):$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 ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Z l Ztir'S— Applicant/Owne Signature Date Max Minhas Applicant/Owner Name (please print) 9/25/2014 Page 4 of 4 Caber 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 PUD Rezone (PUDZ) PUD io PUD Rezone (PUDZ-A) PUD Amendment (PUDA) p (2, :'per / PL#PUDA-PL.tiDI 4-NA() Date: 4/9 ! 14 Time: I ►�.wt Firm: 1414\1 a _ —' =. ■ Project Name: I kph M P U D Size of Project Site: 59 ± acres Applicant Name: Phone: (o - Lo4C Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number 53Wy€- Og-i) 0' --5y Assigned Planner 46/y 112 c2IIQ Meeting Attendees: (attach Sign-In sheet) 4-L (1(- -RcW OLe UY /DOW_ eeting Noies co Li td k 1 DJ ck.tpkinci Im3 PlYL. �f ,),5 300 u n i k pcf, c k a" cln a nLe l ),?./Leyryvyivt-, t7z/ . /24401?,,,,t01144,0-ecti17,4„=6:0,) ,CL ci I *(-"c.;,,(\ - t .� ;AO_r CA - q ,.4,, n.e.A..-a° Dj See last page to add more comments Coffer 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.collieryov.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. Pt I) REZONE (P1 1)1) Pt I) to P1'1) It1:ZoNh: (Pt 1)1- \ P1. I) 1\11A1)1ii'.v I (P1 I) 1) \1'!'I.l( ,A 110\ 's1 11\11 1'1 .11. ( ( k1.1 I THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF REQUIRED NOT COPIES REQUIRED) STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle v Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application(download from website for current form) fa ✓ PUD Document&Conceptual Site Plan 24"x 36"and One 81/2" x ❑ 11" copy Revised Conceptual Site Plan 24"x 36"and One 8 1/2" x 11"copy ❑ ✓� Original PUD document and Master Plan 24"x 36" Q ✓ ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru&underlined ❑ Revised PUD document w/amended Title page w/ord#'s, LDC ❑ 10.02.13.A.2 Deeds/Legal's - 1 3 1/ List identifying Owner&all parties of corporation 2 Owner/Affidavit signed&notarized 2 Covenant of Unified Control 2 1/- Completed Addressing checklist 2 iv" Environmental Impact Statement(EIS) * or exemption justification 2 ;✓/�' Digital/electronic copy of EIS (copy for Planner&Environmental) 2 V Historical Survey or waiver request 4 Utility Provisions Statement 4 N✓' Architectural rendering of proposed structures 4 v Survey, signed& sealed 4 Traffic Impact Statement(TIS) or waiver(with applicable fees) 1u_- 7 \/ 1 Copy of Traffic Impact Statement(TIS) on CDROM 3 ./ r Aerial photographs (taken within the previous 12 months min. scaled ✓ I 1"=200'), showing FLUCCS Codes,Legend, and project boundary 5 JUNE 2011 Cof filer 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 Electronic copy of all documents in Word format and plans(CDRom 31,„ or Diskette) _ Justification/Rationale for the Deviations(must be on a separate sheet within the application material; DO NOT include it in the PUD 1 5 documents) Copies of Official Interpretations and/or Zoning Verifications oZ ✓ 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. ..—s` Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement#_ E Deltona E Lely Barefoot Beach n Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples, FL 34102 [ if 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. 1\ lfkif located within 1/4 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 Cagier 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.coiliergov.net • NNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL D :ICT(residential - PARKS& REC—VICKY A •1i corn•onents Am for 4, SUPERVISOR OF ELE • S "¢: IMMOKAL • •TER/SEWER DIS DR/EMI —EMER. MGMT—Dan i ILITIES ENGINEERING: PAULO Summers MARTINS CITY OF NAPLES, Robin Singer el - SHOREIGATEWAY TRIANGLE Planning Director RED • •PMENT Executive Director CONSERVANCY, •• ole Ryan FIRE REVI ' • RICCO LONGO EMS—ART - :AY ENGINEERING: .CK MCKENNA TRA, :. -ATHWAYS:ALISON COMP PLANNING: SIGN-IN - - • DFORD SHEET FROM PRE-APP ' - TING ENVIRONMENTAL: SEE SIGN-IN SHEET FROM PRE-APP MEETING) 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) 6,000 (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). t I El $2500.00 Environmental Impact Statement review fee IQ P ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) 1 Property Owner Notification fees. Property Owner Notifications $1.50 Nan-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): liJillF"-mr. Fee Total $ JUNE 2011 Cattier 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.B.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 facilities 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 classified 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 part 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: V./ `T' ❑Master Plan ❑Survey ❑PUD Document ❑TIS ['Landscape Plan ❑Ord/Reso ['Letter of Authorization ❑Warranty Deed ❑EIS ❑CD Rom ®ENGINEERING STORMWATER:ALISON BRADFORD ['Master PIan ❑PUD Document ['Warranty Deed ['Utility Availability Letters ['Engineer's Report-copy ❑Stormwater Calc's ❑SFWMD Permit ® ENVIRONMENTAL: SUMMER ARAOUE ['Master Plan ❑PUD Document ❑Ord/Resolution ❑SFWMD Permit ❑Survey ❑USACOE Permit ❑EIS ['Wildlife survey ❑FLUCFCS map ® ADDRESSING:ANNIS MOXAM ❑Master Plan ['Addressing Checklist ❑PUD Doc ®LANDSCAPE:NANCY GUDLAUCH ❑Architectural Plans ❑PUD Doc ❑Master Plan ❑Aerials ,J (0 ®ARCHITECTURAL:Carolina Valera I ❑Architectural Plans ❑PUD Doc ❑Master Plan ❑Aerials iJ i r ®ENGINEERING TRANSPORTATION:Tom Umscheid ❑Master Plan ❑TIS ❑PUD Doc ®FIRE: ❑Fire Flow Report ❑Master Plan ['Landscape Plan ❑PUD Doc ❑Fire Hydrant ® GRAPHICS:MARIAM OCHELTREE ❑Survey ❑Site Map ❑Master Plan 24x36 ❑Zoning Map needed ❑Property owners list within 0500'or❑ 1000' ❑Internal External ® TRANSPORTATION PLANNING: JOHN PODCZERWINSKY ['Master Plan 0 Traffic Study ['Lighting Plan ®TRANSPORTATION PATHWAY: STACY REVAY [Master Plan ❑Traffic Study ['Lighting Plan rJ I k ®HISTORICAL REVIEW:Ray Bellows ['Historical Waiver ❑Master Plan ❑PUD Doc ® COMPREHENSIVE PLANNING: ❑Master Plan ❑PUD Doc ® COUNTY ATTORNEY: RLS# [Waster Plan l - ;a1 ❑NIMs— %Parks&Rec Vicky tg Public Utilitie Kris (Route Sheet Only) Ahmad ❑Supervisor of Elections Van Lengen GI-141-C-411:41 L C. ASchool District—Amy Lockhart CA .. munication T, s ONLY Housing&Urban (ONLY Required for CI Control mprovement ®CITY OF NAPLES— COMMERCIAL projects with ■ Naples ;I rt Authority ROBIN SINGER RESIDENTIAL ®Collier if Affordable Housing) ollier Coun 'rport COMPONENT) School Impact Analysis Authority application PLEASE RETURN TO ASSIGNED ZONING PLANNER DeselemKay Subject: Pre-App: PI-2014-0640 (PUDA) — ocation: 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 @collierschools.com); AnthonyDavid;ArnoldMichelle;AshtonHeidi; 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; Scott Chris; ScottTami; Smith Daniel; 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" Note:The GMT offset above does not reflect daylight saving time adjustments. ,anner: Kay Deselem PL-2014-0640.bm Meeting Request p Received 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: 00188040005, _.00187400002, 00187240000 rull Name: Tim Hancock, AICP 1 Email: Tim.Hancock( $tantec.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. 2 DeselemKay From: GMDPortal ^ent: Thursday, March 20, 2014 4:31 PM o: 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: NNNNNNNNNNNNNN.NNN.vNNNNNNNNNNNN.vN.vNN.vNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN 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.Hancock(alstantec.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 NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN 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 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. 1 Cofer 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 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) ❑ 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—Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL(Plans & Plat Review) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) -- D 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) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00187240000, 00187400002, and 00188040005 -I- O0(9001/ 1103 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 Farm449e€1.MPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 20140000640 Cofer 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) 96( 721-(0 Q dO Folio Number ,r��1 g7'f©0©0°- Folio Number all 5 COs///V S Folio Number 60( 9OO1--(l 4LO' Approved by: Ai&Ali All Date: `7'9` ( c/ Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Si ,, 4 lil Re ;Pk! OR';', Oh '4'_ 7 J ti' i ©a g El °# N � q ; i a 0011, ' 9 R 1111 I 1° NIP 4 co Q1 i ai il o ski %hi S ti S a 44`11 •:I ii ii ! 1j ( 1 " i h 1111 , i t ;� � P. 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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 007 3B22 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 Millage Area 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 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) ISubject to Change) Date Book-Page Amount Land Value $923,000 11/16/10 4625-278 $0 (+) Improved Value $0 fQ11f.!!ld ZAA2_27A1 4 A ttp://www.collierappraiser.com/main search/R.ecorddetail.html?Map=No&FolioNum=00187240000 4/9/201 Page 1 of collier Lounty rroperty Appraiser Property Summary Parcel No. 00188040005 Site Adr. 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 3B22 000100 023 3822 22 48 26 14.12 Legal 22 48 26 E1/2 OF SE1/4 OF SE1/4, LESS CANAL R/W S 100FT, LESS THOSE PORTIONS AS DESC IN OR 4413 PGS 3836-3838 Millage Area 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 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 09/16/04 3643-3259 $0 (=) Market Value $706,000 08/29/02 3099-3456 $0 (_) Assessed Value $706,000 08/29/02 3099-3453 $5,700,000 (=1 School Taxable Value $706,000 07/15/98 2441-1147 $2,663,200 (=) Taxable Value $706,000 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 ttp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00188040005 4/9/201 Page 1 of coiner county rroperty appraiser Property Summary Parcel No. 00187400002 Site Adr. Name/Address MONAGHAN TR,THOMAS 5 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 011 3B22 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• *Calculations 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) Date Book-Page Amount Land Value $923,0e- 11/16/10 4625-278 $0 (+) Improved Value $ 09/16/04 3643-3261 $0 09/16/04 3643-3259 $0 (=) Market Value $923,000 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 2441-1147 $2,663,200 (_) Taxable Value $923,000 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 ttp://www.collierappraiser.com/main_search/Recorddetail.htm1?Map=No&FolioNum=00187400002 4/9/201 . > a) 4 cL j o - c t a 7 � , a) tC ` c O . 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ORDINANCE NO.07- 54 \I t.t‘. &4 ti AN ORDINANCE OF THE BOARD OF COUNTY 8z�Z9Z5Z�Zc COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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 Fann 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 26 day of 2007. PUDZ-2005-AR-8284/MD/sp 1 of 2 IA&.SST: t?•, BOARD OF COUNTY COMMISSIONERS :N,DWI,GHT I:3RQdCK,CLERK COLLIER COUNTY,FLORIDA By: to Ch.1,n Clerk JAM,:17 .COLETTA,CHAIRMAN ftatary afar, Approved as to form and legal sufficiency: 1�C VIu7'oriiM.Student-Stirling t 3 Assistant County Attorney • This ordinance ti!:=d with the Secretary of State's Office th" _J doy of and acknowledgement of that fill • r- eived this c1 'day of �• - PUDZ-2005-AR 8284/MD/sp 2 of 2 Deputy CI.$ 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: PWT#Nt. CONSULTING -L V .L. -.L 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" (':\Documents and Settmgs\sandraherrera■Local Setfings\Temporary Internet Files1OLKIC912007-07-02 MPUD(final County attorney revisions).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 C:1Dacurnents and Settings lsandraher era\Local SettingslTenporary Internet Files1OLK 1 C912oo7-07-02 MPUD(final County attorney revisions).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 A PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT r-"*. C:lpocianents and Settings■sandraherrera\Local SettingsiTemporary Internet Fiks1OLKIC912007.07-02 MPUD(final County attorney revisions).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 Iocated 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 Imrnokalee 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: n C:1Docunents and Settings\sandtaherrerad_oeat Settingeuen,orary Internet Files\OLKI C912007-07-0?MPUD(final County attorney nevisions)•doc 4 of 26 � a�gpga 1.{ �� to.Ai } it1 s Wt•'' A} j,C t t � r ' y t } �^"u .,� `t,,,,� AI' x5 p e B her + tx ;1.1`.4 _ ';,et -it "r i 1% JJ� .. 7Y 1 ,h yid " { ma ..:♦ t .'_..t3 � It' 't' P .{ 7t Y pr Cd' 1 1 ' F l �t IH1sS•� 1 t 4.'1:15 11, fir*); �i 'A` 4�Y { ) t�l A: 1. 1 J ry., > F v i 3 Sf'R+¢,G.4 '"+:`7"'i• Tr*C�'` it f rc.'+r+.st!it t .. t.S . . • .. ,; .CC's ] *;1.4' 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) F�" a mrV 3Y410 7"F ,z.:y �1 " t li- rt rwS‘ t � a s ..+k fi _ � . 1„1 n �.� ... , he' 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) 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. C:\Documents and Settings\satdtahenera\Local Settmgs\Tentporary Internet Fiks\OLKIC9S2007-07-02 MPUD(final County attorney revisions).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 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 (I/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; CADocwnents and Settings\sandraherrera\Local Settings\Terryoorary Internet Fl es10tKIC912 0 0 7-0 7-02 MPUD(final County attorney IYvisions).doc 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°45'0l" 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. 13 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:Docurnents and Settings\sandtaherrera\Local Settings\Temporary Internet Files\OLKIC9\2007-07.02 MPUD(final County attorney revisions).doe 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-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.\Documents and Sett ngslsandraheryera\Local Settings\Tenporry Internet Files\oLKIC9\2007-07-02 MPUD(final County attorney n:visions).doc 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 CADoeuments and Settings 1.sandralterrera\Local Settingsgemporary Internet FilesUaLK1C9\2007-07-02 MPUD(final County attorney revisions)doe 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 RESIDENTIAL ±39.64 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:Documents and Settmgslsandr7herren\Local Setungs1Tert.,orary Internet Fiks1OLKIC9\2o07-07-02 MPUI)(final County 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 +1- 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:\Documents and Setungsl.sandraherreratocal Settings1Temporary Intent Files\OLKIC912007-07-02 MPUD(final County attorney revtsions).doc 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:tiDocuments and Settings lsandraben+era\ ncal Settings\Temporary Internet Files1ALK 1 0912007-07-02 MPUD(final County attorney revisions).doc 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 d 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:\Documenta and Seiiings\sandraherrera\t.ocal Senings\Temporary Internet Filcs\OtK1 C9\2007-0742 MPUD(final County attorney revisions).doc 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:1Docrmrents and Settings∎sandrahenera\Local Settings\Temporary Internet Files\OLKIC912007-07-02 MPUD(final County attorney revwions).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:\Documents and Settings lsandraherrera\Local SettingslTemporary Internet FilcslOLKIC4\2007-07-02 MPUD(final 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 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. C:IDoctintents and SettingslsatdnhetreratLocai Settings\Tenporary Internet Fika\OLKIC9t2007-07-02 MPUD(final County attorney n:visions).doc 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 LOT AREA 10,000 s r,ft. N/A VERAGE LOT WIDTH 100 ft. 51tl to Il%a14. ;t i3.Y Verna 11.111111111_ From Immokalee Road Canal ROW Future Extension of Collier Blvd. 25 ft. SPS From Western Pro-ect Bound 25 ft. 15 ft. i INIMUM 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 o 10 ft. IN.DISTANCE BETWEEN STRUCTURES wilding heights** MAXIMUM HEIGHT Retail Buildin_s with or without residential uses 50 ft. ZEEMI S35 ft. Office Buildin:s with or without residential uses 65 ft. Ergralli 35 ft. 1 INIMUM FLOOR AREA 1,000 ft.**** ZOMIE11011. = . ; 1 _ a u u ; : ; . 175,000 sr.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:\Documents and Seningslsandral,erreratLocal Settings‘Temporary Internet Files\OLKI C9\2007-07-02 MPUD(final County attorney revisiolns).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 n 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:\Documemts and Settingsktudent naocal Settings\Temporary Internet Piles\OIKI S4\2007-07-02 MPUD(lint County attorney mimes) 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:1Documents and Se«ings'sandrabetrera\Local Setlingsqemporary Internet Fiks1OLKI C9\2007-07-02 MPUD(final County attorney revisions).doc 19 of 26 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO"& CLUBHOUSE/ FAMILY ATTACHED& ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS" 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 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 %: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 HEIGHTS 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 3 I0 FEET I0 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:BuiIding 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 9. C:\Docum ants and Settings■sandraherreraLoczl Settings\Temporary Internet Files\OLKI C9\2007-07-02 MPUD(final County attorney revisions).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 7. 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:\Docwucnts and Settings\sandraherrera\Local Seams\Temporary Intmfet Files\ILKI C912007-07-02 MPUD(final 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.\Docuroents and Settings\sardraherteral.ocal Settings\Temporary Internet Files1OIXIC9%2007-07-02 MPUD(final County attorney revisions).doc 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:1Docurnents and Svtdngsisandrahc cta\Local Scttings\TcnQorary Internet Files\OLK1 C9\2007-07.02 MPUD(final County attorney revisions).doc 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. 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 43rd Avenue N.W. 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. C:\Docurnents and Settings sandraherreral(.ocal Settings\Temporary Internet Flks\OLIO I C9\2007-07-02 MPUD(final County attorney revisions).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 C:\Documents and Settings\satdraheme, Local Settings\Temporary Internet Fdea1OLK1C9\2007-07.02 MPUD(final County attorney nwisions).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 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:\Docurnents and Settingal andrebenera\Lacal Settings\Tenyorary Internet Fites\OLKI C9\2007.07-02 MPUD(final County attorney revisions).doc 26 of 26 i ..----. i i 1 t , ; III! < 1 II 5 1-41' - ,57. i .1 g 1 ! I _ li ii' I . 4.1:KNIMW I I h V --1 • _ ,-, _■ 1 1 1 1 4 ,c-,-, 1 !II i• '"i_ g . , I F., . ... ---) .... t....) ST.1.5 CZ 0 1 o ril r" rill >rii 13 i i-c z 1—t .-.....1-rR,J $r" 0 v t.--4 -+ ,....,,,.. 2 15 g .Ap=06.--..11111m: N> § 1 ,4:11,101.:fill a P5 .....< ..... —Ir...dmignir P- J.,c,,,,, i. . • 4t,-..-1,i4, .. 41110Alp,e i 4 rri 1- .., 1 1 1 51.1 pi I. 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LI !! / a_ U) tl: • • 1 (I_' . IN z 1 I 1 -1- z _____1 -! I .. > \ ' i r".P-e' • j■ , I• T'''' • i i I . 1 i --—.— . Irilh7-.i A I, C ?r■ Te Vgr II 1 o)t S_ 1%-:":' t C ii.• III ;I;b I ,..* I C• 7... ' 1 :S. Z• I I I i ! I I . (.. .. .4 Sr Y../ TREE VeIRM NA TREE FARM MPUD ., .. a., ..., A •s IN 11.1.1.1tr-,',..nctl N<ik Mappus ,./1...... ....11.S,• (1?()SS SEC TONS .1-IL. 1 ,.1. AL. 1.1.,7111..l'f.y.o.Nlan.igrls p I 'FS FS,'4...A....p.p.,. .....,,,,....gmaniams ..-.......................—....- ...-- ... 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 of County Commissioners. 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 2600 GOLDEN GATE PARKWAY,SUITE 105 NAPLES,FLORIDA 34105LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES,FLORIDA 34103 PREPARED BY: 1)KAYTA- W CONSULTING ENGINEERING 6610 Willow Park Drive Suite 200 Naples,Florida 34109 and GEORGE L.VARNADOE,ESQUIRE ' . ••,, • - - -- • - • ' 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES,FLORIDA 3'1112R.BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5`H AVENUE SOUTH {Formatted:Superscript NAPLES,FLORIDA 34102 1 Formatted:Underline ,�, Formatted:Strikethrough Textxnderlined is added;Text�h is deleted. TREE FARM MPUD PL20140000640 41ty-290ctober 4,,2015 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) Formatted:Not All caps SECTION VI PRESERVE DISTRICT(P) [Formatted:Normal,Tab stops:Not at 1.75' SECTION VII DEVELOPMENT COMMITMENTS , Formatted:Underline Formatted:Strikethrough Text underlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 414y-290ctober 4,2015 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 l,-(Formatted:Underline Formatted:Strikethrough Text1mderlined is added:Texuaatiek-thisimali is deleted. TREE FARM MPUD PL20I40000640 dnW- October 4,2015 3 of 29 "-1 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. 9511) . {Formatted:Font color:Red,Strikethr This strategic location will allow superior access to the site,and provide an ideal location for Formatted:Font color:Red,Strikethrougn 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: {Formatted:Underline Formatted:Strikethrough Textanderlirad is added;Texts is deleted. TREE FARM MPUD PL20140000640 4.1Y-2lOctober 4,2015_ 4of29 rte, 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 7400.00 16 113.910_00 Center Subdistrict Urban Residential 40.15 4-007.00 7 281.05 Subdistrict, Density Band Total 58.84 ,7.224.78 9.859.86 .00* {Formatted:Font color:Red {Formatted:Font color:Red Table IB: MPUD Density(*Rounded) 7. The MPUD sets forth a maximum density of 425 281 dwelling units (281 multi-family/single family attached/townhouse or 138 single-family detached units) or 7,224.78 dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density generated from the 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 pfojeet-within-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. /_(Formatted:Underline Formatted:Strikethrough Textknderlincd is added;Texts is deleted. TREE FARM MPUD PL20140000640 3n4.0-25October 4,2015 5 of 29 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, � ■ 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; Formatted:Underline Formatted:Strikethrough Textpndertined is added;Texts is deleted. TREE FARM MPUD PL20140000640 J,dy39October 4.2015 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. 1.3 PROPERTY OWNERSHIP - - {Formatted:Indent:Left: 0",Flanging: 0.5" 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- I Formatted:Indent:Left: 0.5" County—OR4413 PG 3834) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or asigneeassignee. All reference to the "developer" as may be contained in this MPUD t. ■ 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 {Formatted:Strikethrough 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 ±726_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: Formatted:Underline Formatted:Strikethrough Textynderined is added;rexttensk-thaeuah is deleted. TREE FARM MPUD PL20140000640 da6r2.40etober 4,2015__ 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±18.63-69 acres of the property, located within Activity Center#3, shall allow for a variety of commercial aim r°s'>�efftial-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 fromm Collier Boulevard(C.R.951)and Formatted:Font color:Red,Strikethrough will include an access point off Immokalee Road, when a shared access agreement with the Formatted:Strikethrough 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 ithc future ion ensof _ -(Formatted:Font color:Red,Strikethrough 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; and an optional right in/right out access at approximately three quarter (3/4) mile from the Collier Boulevard/lmmokalee 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. Additionally, the Formatted:Underline - •- - _:. - - - - Formatted:Strikethrough Text lined is added.Text - is deleted TREE FARM MPUD PL20140000640 July 24October 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. ormatted:Underline Formatted:Strikethrough Textynderlined is added;Text0uuek-ipreneh is deleted. TREE FARM MPUD PL20140000640 Jed.d90etober 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 Formatted:Underline Formatted:Strikethrough {J Text nderlined is added.Text .:.::.: is deleted. TREE FARM MPUD PL20140000640 . October 4 2015 G' 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 I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE COMMERCIAL MIXED-USE ±18.69* "R" RESIDENTIAL ±39.61 39.19 PRESERVE ±0.51 RECREATIONAL AREA ±0.45 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reseiwation conveyance for . • •: : : . ::Collier Boulevard, expansion of Immokalee Road , and improvements to the intersection of these two arterial roadways. This right-of-way reser vatien-convevance includes 4.34 acres within the "C/MU"Commercial Mixed-Use Tract(Activity Center)and 3.08 acres within the i Formatted:Not Highlight "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 ±39.6139.19 acres. B. Intensity: A maximum of 44-57008120 000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100 000437-5014 square feet may be retail or office and the balance (above cFormatted:Underline ormatted:Strikethrough Text jtderlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 d l-240ctober 4,2015 11 of 29 443400100 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 7.224.78 dwelling units per acre. A minimum of 15 percent of the density generated €Few the Activity Center acreage shall be constructed within the activity center portion of the project. Additionally, the within one third(1/3)of a mile of the Activity Center boundary. The portion of the project within the 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 satisfg the native vegetation requirements. --{Formatted:Font 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"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. FENCES AND WALLS f Formatted:Font color:Red Deviation#2 seeks relief from LDC Section 5.03.02.C,which permits a maximum wall Formatted:Font color:Red height of 6' in residential zoning districts and residential components of a PUD, to allow a Formatted:Underline maximum wall height of 8' along the perimeter of the PUD, and allow a 1T wall/berm Formatted:Strikethrough Textunderined is added:Texts is deleted. TREE FARM MPUD PL20140000640 '' October 4,2015 _ G 12 of29 combination within residential portions of the PUD along Collier Boulevard. The berm [Formatted:Font color:Red portion of the 12'wall/berm shall be a minimum of 3' in height. [Formatted:Font color:Red 22_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#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.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#24 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 relocated outside of the right of way reservation tract within which the County Transportation Services Division. The County shall bear no Formatted:Underline / Formatted:Strikethrough Text&mderlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 inly-25October 4.2015 13 of 29 SECTION III COMMERCIAL MIXED-USE DISTRICT(C/MU) Formatted:Font 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/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 1 75,000120,000 square feet of commercial/office uses, of which a maximum of 44399100,000 square feet may be retail or office and the balance(above 113,500100,000 -{Formatted:Not Highlight square feet) is limited to office use. A minimum of 5,000 square feet shall be developed with professional or medical office usc. A minimum of 15 percent of the density generated from the Activity Center acreage shall be developed within the Commercial Mixed Use developed within 1/3 mile of the Activity Center boundary. No more that 50% of the ° -- - ' - _ 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; 1 Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1987 Formatted:Underline Edition. {Formatted:Strikethrough Textunderlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 dais-2'Oaobcr 4,2015 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 Formatted:Underline Formatted:Strikethrough Texts derlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 4uly-2bOctober 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. {Formatted:Underline Formatted:Strikethrough Textundedined is added;Texts is deleted. TREE FARM MPUD PL20140000640 J .-90ctober 4.2015 C 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. Formatted:Underline Formatted:Strikethrough Textunderlined is added.'rext6tstielt-dwethals is deleted TREE FARM MPUD PL20140000640 4.1Y.26/October 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 Pro'ect Boun 25 ft. 15 ft. MINIMUM YARDS(Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side lO 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 ZONED lanl 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 4-7-57400-120,000 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 415,000120.000 square feet; however no more than 443,504100 000 may be retail or office and the balance,above 113,500 100.000 square feet,if developed, shall be office. Formatted:Underline Formatted:Strikethrough Textpnderlined is added•Texts is deleted. TREE FARM MPUD PL20140000640 361,490ctober 4,2015 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 1125 281 multi- family/single-family attached/townhouse residential dwelling units or 138 single-family detached units. Since 15% of the density generated from the Activity Center acreage arc 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 t—• 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), a--a t hall not exceed 2 000 Formatted:Underline Formatted:Strikethrough Textyndedined is added;Texts is deleted. TREE FARM MPUD PL20140000640 Jaly490ctober 4.2015 19 of 29 square feet in aggregate. 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_clubhouses, private garages,swimming pools with,or without and 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. Minimum Residential Density within Activity Center: A minimum of 15 percent of accumulated from the Activity Center may be developed within 1/3 mile of the THIS SPACE INTENTIONALLY LEFT BLANK Formatted:Underline - Formatted:Strikethrough Text nderlined is added.Text :.c:, is deleted TREE FARM MPUD PL20140000640 . •tober 4 2015 20 of 29 r—■ 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 BU bOIN S4 PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 49,000-SLF, 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 MIN FRONT YARD 31 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or 4310 FEET N1,4 6-5 FEET 54 FEET MIN REAR YARD 44-73 FEET 44-7_5 FEET -1473 FEET 20 FEET N/A MN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 4-2-10 FEET 42-10 FEET 42-10 FEET 20 FEET or N/A %ZONED BH, WHICIHEVER IS GREATER ^ I MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES-47TE / \ 42 FEET 42 FEET 42 FEET 50 FEET 40-FEET ACTUAL HEIGHT a 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET 444A SIDE 5 FEET 5 FEET 5 FEET 5 FEET -N/A REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A PRESERVE SETBACK 3 10 FEET 10 FEET 10 FEET 10 FEET N/A IMAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 TORIES 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(f not curbed). Setback from lake easements for all accessory uses and structures may be zero feet(09. {Formatted:Underline tFormatted:Strikethrough ITextyoderlined is added;Texts is deleted TREE FARM MPUD PL20140000640 64r390ctober 4,2015 ,: 21 of 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 be either zero feet(0)on one side and six feet(6}five feet(5') on the other side in order to provide a minimum separation between principal structures of twelve ten feet (44'10'). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprintshall 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. r. . 6)41 For corner lots,only one(1)front yard setback shall be required. The yard that does not contain the f- f Formatted:Left,Right: 0" driveway shall provide a 10'setback. 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:Strikethrough Text underlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 34w290ctober 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. �.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. Formatted.Underline j Formatted:Strikethrough Textinderlined is added;Texlallimla is deleted. TREE FARM MPUD PL20140000640 !uE-29October 4.2015. '�" 23 of 29 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS pEVELOPMENT STANDARDS RECREATIONAL ___ {Formatted:Font:Times New Roman i Ate` tted Table {Formatted:Font:limes New Roman PRINCIPAL STUCTURES Formatted:Font:limes New Roman,Not Bold,Not Italic ,MINIMUM LOT AREAS 1 ;070, 00-S.F _ _ ' Formatted:Font:Times New Roman 1 INIMUM LOT WIDTH Formatted Table N/A ' Formatted } JSHNIMUM FLOOR AREA N/ Formatted:Font:Not Bold,Not Italic I .FRONT YARD Formatted Font:Not Bold,Not Italic [Formatted:Font:Not Bold,Not Italic MIN PRESERVE SETBACK 25 FEET Formatted IN.SIDE YARD [Formatted:Font:Times New Roman Formatted (•..1 Aiv1IN.REAR YARD, —- 25' - [Formatted Font:Times New Roman ,MIN.DISTANCE BETWEEN 20' Formatted PO STRUCTURES, [Formatted:Font:Times New Roman,. 2 STORIES NTE ,MAX. ZONED HEIGHT Formatted 50 FEET ••• ,MAX.ACTUAL L HEIGHT 62 FEET, [Formatted:Font:limes New Roman Formatted Font:Times New Roman Formatted ON ACCESSORY STRUCTURES FFormatted:Font:Times New Roman [Formatted in ,[v1N.FRONT YARD 15, Formatted Oil MIN.SIDE YARD Formatted - le Formatted:Font:Times New Roman jv11N.REAR YARD, 1 s' Formatted IN [Formatted:Font:Times New Roman PRESERVE SETBACK 25 Formatted [Formatted:Font:Times New Roman MAX.,BUILDING HEIGHT 2 STORIES NTE, . 'l Formatted NO EX . T TO CEED 42 FEET '/ Formatted:Font:Times New Roman,Not Bold,Not Italic NTE:Not to exceed (Formatted Table [Formatted:Font:9 pt Formatted:Normal,Centered,Line spacing: single Formatted:Font:Times New Roman,12 pt, Not Superscript/Subscript Formatted:Left Formatted Text a nderlined is added;Texts is deleted TREE FARM MPUD PL20140000610 '.,l tober 4.2015 24 of 29 /""\ SECTION VI PRESERVE AREA(P) 65.1 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. I 65.2 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. Formatted:Underline Formatted:Strikethrough Text • lined is added.Text .:.::,_ is deleted. TREE FARM MPUD PL20140000640 .. ••sober 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. 1 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. 1 76.3 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 catch facilities. t {Formatted:Indent:Left: 0.5",Hanging: 0.5" 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. 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. Formatted:Underline Formatted:Strikethrough Text nderlined is added.Text.. _. -is deleted. TREE FARM MPUD PL20140000640 - October 4 2015 26 of 29 D:C. The applicant shall reserve rights-of-way forIthe-€uture Collier Boulevard tension ..-- Formatted:Strikethrough and Immokalee Road expansion and intersection improvements as depicted on the ��._ Formatted:Strikethrough 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. t"'"\ 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 14,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. 11-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 4-3.14 Avenue N.W.OiI Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Formatted:Underline ., Formatted:Strikethrough Textynderlined is added.Texts is deleted. TREE FARM MPUD PL20140000640 4altr-20October 4.2015 _ �! 27 of 29 lT IShould it become necessary or desirable to construct a wall to mitigate the impacts' Formatted:Indent:Left: 0.5",Hanging: 0.5", of noise from Collier Boulevard or Immokalee Road,the developer owner,successor No bullets or 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. 76.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A_ The developer shall reserve twe—one (1) areas to be granted as an easements to' Formatted:Numbered+Level:1+ Collier County fora raw water wells. The dimensions of these-this well easements shall Numbering Style:A,s,c,...+start at:l+ Alignment:Left+Aligned at: 0.5"+Indent at: not to exceed 100 feet by 100 feetbe at a maximum 80 feet by 50 feet. The approximate 0.75" location of thisthcse 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 'mmokalcc Road ExtensionCollier Boulevard Extension. -- - : - :: •. - . . . . -- .. -- : - : -•---- cite, Option A is located on the westerly boundary of the project, south of the Preserve Tract, and is adjacent to an isteFnal drive which, if selected, will include the . .. . - -• • :-• ..--• -- ' . _. •:-. The grant of these 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 fespeetive-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 well sites prior to the grant of said right of way to Collier County, -{Formatted:Font:(Default)Times New Roman ' {Formatted:Indent:Left: 0.75" fr S ENVIRONMENTAL {Formatted: No bullets or numbering 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. Formatted: No bullets or numbering 16� 7_6AFFORDABLE-WORKFORCE HOUSING: ' orm--_ Formatted:Underline Formatted:Strikethrough Textpnderlined is added;Texts is deleted. TREE FARM MPUD PL20140000640 3x4.,.0October 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. 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 [Formatted:Underline Formatted:Strikethrough Textunderlinb ed is added;Texts is deleted. TREE FARM MPUD PL20140000640 Jndv-29October 4.2015. 29 of 29 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: 14L 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 PL20140000640 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 n 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 TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA n 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 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 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 PL20140000640 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) .-. 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 PL20140000640 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, 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 PL20140000640 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 fmished 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 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 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, 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 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 DISTRICT TYPE ACREAGE "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 may be 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 PL20140000640 October 4,2015 10of28 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 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 11 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 II TREE FARM MPUD PL20140000640 October 4,2015 12 of 28 SECTION III COMMERCIAL MIXED-USE DISTRICT (C/Mfg 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: 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; 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 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 n 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 PL20140000640 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 PL20140000640 October 4,2015 16 of 28 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. AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS xternal ' From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Pro'ect Bounda 25 ft. 15 ft. MINIMUM 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 o 10 ft. MIN.DISTANCE BETWEEN STRUCTURES building heights** MAXIMUM HEIGHT I Retail Buildin l s with or without residential uses 50 ft. Nall 35 ft. Office Buildin s with or without residential uses 65 ft. MINIIM35 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 PL20140000640 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 n TREE FARM MPUD PL20140000640 October 4,2015 19 of 28 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO1•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 MIN REAR YARD 7.5 FEET 7.5 FEET 7.5 FEET 20 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 10 FEET 10 FEET 10 FEET 20 FEET or Y:ZONED BH, WHICIHEVER IS GREATER MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 42 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 (if curbed) or edge of pavement(if not curbed). Setback from lake easements for all accessory uses and structures may be zero feet(0). TREE FARM MPUD PL20140000640 October 4,2015 20 of 28 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 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(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) 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 PL20140000640 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' MN.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' MIN.SIDE YARD 15' MIN.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 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. 7.3 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 PL20140000640 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 PL20140000640 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 final 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. 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 UCOIIDIO io OPTICIAL 11C010S of COLLIII COOXfl, IL 0112112002 it 03:21P1 DIIGIT 1. 110CI, CL1t1 7I..I.lI— COPS 5700000.00 Prepared By/Return To: uc nz 15.00 Janice L. Russell, Esq. DOC-.70 31100.00 Akerman, Senterfitt & Eidson, P.A. Inc One 5.E. Third Avenue, 28th Floor QDAlLIS 4 OW! Miami, FL 33131 4501 TA 11/11 T1 1 1310 MIS IL 31103 3040 Folio No. 00187240000; 00187400002; 00188040005 SPECIAL WARRANTY DEED Jcf- 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, tease, or to encumber, or otherwise ma ' dispose of the real property in accordance with Section 689.071, F.S., whose pvsto��f{iice -frank Lloyd Wright Drive, P.O. Box 445, Ann Arbor, MI 48106, hereinafter called the Grant WITNESSETH: That the cirahtor_,,,forand-4n''consi ati of the sum of Ten Dollars ($10.00) and other valuable conside a _. a receipt and s ficiency whereof is hereby acknowledged, by these presents r n i'gein, se r lien,remise, release, convey and unto the Grantee, all tha c ai l ■ tuate 1 'll C nty, Florida, viz: confirm � � PARCEL 1: [; 1 The East half of the Sc \ quarter of the N' hat quarter of Section 22, Township 48 South, Range.i1 Collier Cho nty, Florida, excepting and reserving therefrom the East 30 feet`and 3p;f t(thereof as access easement for highway right-of-way. PARCEL 2: The East half of the Northeast quarter of the Southeast quarter of Section 22, Township 48 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 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. LM%026B41;1 I 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 'i I 0t � -to sell and convey said land; and that said land is free of all encumbrances e F- • tlmatt- - ,'',}-above mentioned to which the deed is made subject, The Grantor does -kb wily warrant thy- OW to said land and will defend the same against the lawful claims of I •-•ns claiming by, through or under Grantor and against none other. . -- -" "\ " include all the parties to this Wherever used herein the e 1 - a tor" and Gran ee instrument and the heirs, legal '• •L-....; to iv s and assigns i •ivi uals, and the successors and "� assigns of corporations. • \ . , IN WITNESS WHEREO tale Grantor has sig ` a d -- ed these presents to be effective the day and year first written a (/'\ (y Signed, Sealed and Delivered T a e : 'C,PANTHERS NAPLES, INC., In the Presence of: ,i-_. "'4: t lorida corporation '%' By:4 PRIN NAME OF WITNES L W: c 1 170.016.) 2>- - 'f 11 . 1t I c C _.' t Richard L. Handley Vice President PRINT NAME OF WITNESS BELOW: M (12. 1 0 C- iT -3-_)Y_C z, (CORPORATE SEAL( S M 1826841.11 " OR: 3099 PG: 3455 >zx" STATE OF FLORIDA ) COUNTY OF BROWARD ))ss: The foregoing instrument was acknowledged before me this 22nd day of August, 2002, by Richard L. Handley , as Vice President on behalf of FLORIDA PANTHERS NAPLES, INC., a Florida corporation, who is personally known to me. Notary Iic State of Florida My Co mission Expires: i ' RC0 A Ga ,. _-0, isommis 1. ', Mrs ea•�sam 0 , \I i f.....) (1:c I, cam, I L C1T� )Ml826841,1) M1S69014;1 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°5T31" 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 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. K:\2003\030218.06.00 Tree Farm MPUD Zoning Amendment\003 MPUD Rezone Amendment Application Preparation\EXHIBIT B- LEGAL DESCRIPTION.doc r1, AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20140000640 I, Max Minhas (print name),as Managing Member (title,if applicable)of Landquest Group,LLC (company, If a licable),swear or affirm under oath,that I am the(choose one)owners applicants ,/ 'contract purchasernand 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 Bane Andaman,ESC 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(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. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on 2/Z-/16 (date)by API f,n keu4.S (name of person providing lath affirmation), as 11 who is personally known to me or who has produced (type of identification)as identification. STAIN E ''...,,• JAMIE E.SABATINO Signat of Notary Publi �y, .�% Notary Public-Stato of Florida :yid+• •e My t;omtn.Eagiros May S.2015 ?" Commission N EE 54303 °';r°;;,`•,'' Bonded Through National Notary Assn. CP\08-COA-001151155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20140000s40 I, MaxMinhas (print name),as Managing Memeber (title,if applicable)of LandquestGroup,LLC (company, If a licable),swear or affirm n under oath,that I am the(choose one)owner applicant contract purchasernand 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. Ail 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 Patrick Vanessa aCP of RW&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.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 true. 2 it, 1 Signature Date STATE OF FLORIDA COUNTY OF COLLIER ,,/ The foregoing instrument was sworn to(or affirmed)and subscribed before me on .G//2- •5' (date)by ILIA' A-11 (name of person providing oath r affirmation), as who is personally known to me or who has produced • (type of identification)as identification. S ,w JAMIE E.SABATINO Sign re of Notary Public' ��. -i t N -id >My otary comet.Public Expres State May of bFlori.201a 5• Commission di EE 54803 Bonded Rough Natbnal Notary Assn f CF\08-COA-001151155 REV 3!24/14 Coer 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 959unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.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: 4/1 0/1 4 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 n 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 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.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 ExhibitA attached hereto. The property described herein is the subject of an application for an ICbo Tree FarmMPUO planned unit development (Mixed Use PUB)zoning. We hereby designate mar Whoa.Landquest 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 piiance with all, m. nditions an safeguards of the planned unit development. Owner Or Owner Thomas Monaghan,TR-Tree Farm Land Trust Printed Name Printed Name STATE OF ftORIDA)M H/' COUNTY OF COt±t£R) 1045117 1VA"" Sworn to(or affirmed)and subscribed before me this(∎-• day of /1,4 1-lYd) ,2016by fIJG1'ylC?5 409 who is personally known to me or has produced as identification. littb /r' n-d-4- -- 'otary Public (Name typed,printed or stamped) LUCIE A.RAMSDELL Page 10 of 15 9/11/2014 NOTARY PUBLIC•STATE OF MICHIGAN COUi IN OF WASHTENAW My Commission ExpiresAen 1}�4 2021 Acting In the County of i -5h-kPgaav- Cofer 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) ©0(g 7 21 Q d d O Folio Number 00157800002— Folio Number OOl 8 z'o (O O5 Folio Number 60(900111403 Approved by: _ Lf/�.:..t �__ Date: /-59— l c( Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Co Jry 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) ❑ 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—Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL(Plans & Plat Review) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) O PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) 22/48/26 E1/2 of SE1/4 of NE1/4 as desc in OR 4413 pgs 3836-3838 (see attached) '7?/ L26, S7.2_ FOLIO (Property ID) NUMBER(s) of above(attach to, or associate with, legal description if more than one) 00187240000, 00187400002, and 00188040005 -f- d©l9©Ocit c/O3 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 •MPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PI_# 20140000640 iiiiiii , , . -,,, I h .„ ) , r. i h t 111 1:110 $ � MP! �gum: ,.,1 iy ry 0 aid: Ri Or ilAt a Ili COii e IA©011! 84 l 4 ti 0 0 ill! i ET, oi le Opt 1111 11¢ 5. � a� �- R�A i „ , ,, ii i ,.,, ! it 1 ig 1 _ , III f ti '1 i tr ,, fit b 1 9) ki ?! i is [ 1 r Go+ o—, 1 li �+ mM pgall tiN (g(g55 i f In p 0 4 5Yq:4 az � N N A 1. i I1- .: o) c,n �� ip• R � C,0...916. i 1 IIi1i '1 q 6 c gs I a o ,L : l&li$ 1{S II 1 F (I Al Ui 11 !El 0 p g f i o , 1 a I gilt , ' t 5. 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A '- CU FL retails Page 1 of IPrint I I Tax Bills 11 Change of Address Property Summary I Property Detail II Aerial II Sketches Trim Notices Parcel No. 00187240000 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 007 3B22 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 Malaga Area 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 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $923,000 11/16/10 4625-278 $0 (+) Improved Value $0 Aol1A/l!d 2Ad2-27At C A ttp://www.collierappraiser.eom/main search/R.ecorddetail.html?Map=No&FolioNum=00187240000 4/9/201 Page 1 of Coiner county rroperty appraiser Property Summary Parcel No. 00188040005 Site Adr. 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 3B22 000100 023 3B22 22 48 26 14.12 Legal 22 48 26 E1/2 OF SE1/4 OF SE1/4, LESS CANAL R/W S 100FT, LESS THOSE PORTIONS AS DESC IN OR 4413 PGS 3836-3838 Miltage Area 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 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 (=) Taxable Value $706,000 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 ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=00188040005 4/9/201 Page 1 of c..oiiier Lounty rroperty appraiser _ Property Summary 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 011 3B22 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• *Calculations 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) Date Book-Page Amount Land Value $923,000 11/16/10 4625-278 $0 (+) Improved Value $0 09/16/04 3643-3261 $0 09/16/04 3643-3259 $0 (=) Market Value $923,000 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 2441-1147 $2,663,200 (=) Taxable Value $923,000 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 ltp://www.collierappraiser.com/main_search/R.ecorddetail.html?Map=No&FolioNum=00187400002 4/9/201 W • w o• O no , of 7 WM h N m,a 0 �- , .. : ♦ g Q a. r:i i e Q d w CC CD > $0,.. > ij FG ,: . _ : ,' mfr J J J O I y` , { t . qy tE 1 wv 2Q Q o � '. #` f"i p o 3 t t {t a # 4 4 gyIIINSVOill m N, , �, t2 . � � , i P W{ r '" ; ,. ,� { ma,r t' , . i 1 bk o ri ". ,1•'-7—N 3:1.=X4 :a CIn18?-13-1 1'1''''''0'-0 ., 2LL 0 l-i.-. . ..* : ZZ , l?'-r . ...,.. . 0 M` Q `, s * 'err Q Q() la'. `M:`7�t� -- n J E. +W .6; 4 xTea Z „w014• , EW j DL a , r�� y E y T ■, b f +# # to • { w J ,, /0 4.- "”; / ,t ,4 `d*'''''**,,,, - c .4-4 + .. . Q t N LL C @M a n O N 438 j- . jW ( t '. F1 ° +1 yf 03„ g IL i 111 u, O Trebilcock planning•enuineerinp Traffic Impact Analysis Tree Farm Mixed-Use Planned Unit Development (MPUD) Amendment Collier County, FL 07/22/2015 Prepared for: Prepared by: Landquest Group, LLC Trebilcock Consulting Solutions, PA 5150 Tamiami Trail N, Suite 401 1205 Piper Boulevard, Suite 202 Naples, FL 34103 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock @trebilcock.biz Collier County Transportation Review Fee—Small Scale Study— No Fee Tree Farm MPUD Amendment—TIA—July 2015 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. ,y��ltlddf//ffP '\` J. I'��d�r$rll// ez- ,c+ w 20f No.47116 , e* Norman J. Digitally signed by Norman J.Trebilcock P.E. ,_y. 47116 *— 7f 1 7[ t * r DN:cn=Norman J.Trebilcock P.E.47116, Trebilcock P.C. o=Trebilcock Consulting Solutions,PA, 7.3 STATE OF ;,/„ ou=Norman J.trebilcock, STATE email=ntrebilcock @trebilcock.biz,c=t15 -� 47116 Date:2015.07.230920:19-04'00' ///OAS/°NJA.1- � �� Norman J. Trebilcock, AICP, P.E. �f11 t f i�, 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 Page 12 Tree Farm 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 Trebilcock Consulting Solutions,PA Page 13 Tree Farm MPUD Amendment—TIA—July 2015 Project Description 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 Project Location fi J Immokalee Rd EMI f- 14 Urban Estates t — py IVt 18611 r-b ` ? N` ?' Sri,Are NW trsn Trebilcock Consulting Solutions,PA Page 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 Maximum Allowed Residential 230—Residential 425 du Condominium/Townhouse MPUD Existing Office 720—Medical-Dental Office Bldg. 31,500 sf Approved Retail 820—Shopping n 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 Residential 230—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 1 5 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- PM Peak Hour _ Way Volume 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. Table 2B 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 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— Proposed Scenario B), versus the existing approved MPUD conditions—Table 2A. Table 2D Trip Generation (Proposed Net New Traffic)—Average Weekday 24 Hour Two- PM Peak Hour Way Volume 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. Trebilcock Consulting Solutions,PA Page I 8 Tree Farm MPUD Amendment—TIA—July 2015 ,...-\ Appendix A: MPUD Master Plan (1 Sheet) n n Trebilcock Consulting Solutions,PA Page 19 Tree Farm MPUD Amendment-TIA-July 2015 i' b 7.-75(:d 30/W1d531tlwiN3oIS3i 3Sf1 iN3tlUf1) y O O g p 1051 111111^1-Ofld•SNINOZ --, A F O a 1OSvIww and i " ¢i Pii z x y vii": 1 6 zo VVyY��i O{�u Ou V tii 40a> , I :0 Y WczdzJ I '� '\\ P. - - � z I o a 1J' ® :;,,, , nZ�" •F W V I \ 8 A3N11H01Vw — �" �1 w lfi "5 l 4q a a a ti `o° I a a i U \\12a g 1 H �g W zp Z >j �\ � O EiX e4t. I . . 1 OUdV 4 , v� et' \:. - z I I I W zg .- \\ a a g I i_ Pi .� 4 O Lr ' a \ omW cc.§. W Q —� WO W I m t I i \ \ S.4 g hi \\OFA,i D - 1 P k44 apzm'L I I I°Zm P Z F I K l ��,, ;, ': I 1 =°uPWG�g V 1 � U U R \ ..m��z c � I �\wz°4\\ o- a i -. Zg:I ! 11.,ji \�\\\ \ jili: ii i , j. z, 4=ice� E 1 1 a � -- - ----1// L, :.-v' _ itg 1. :� <0voa 33W)OWWi ` _ �� . C ' C .� L i ----- 1 , R Q m H � ' 1 , I I L_________ I ,,. Page 10 Trebilcock Consulting Solutions,PA Tree Farm MPUD Amendment—TIA—July 2015 Appendix B: Trip Generation Calculations ITE 9th Edition (18 Sheets) Trebilcock Consulting Solutions,PA Page 111 Tree Farm MPUD Amendment—TIA—July 2015 Project Name: Tree Farm-MPUD-Allen ed-July 2015 No: Date: 7/21/2015 City: State/Province: Zip/Postal Code: Country: Client Name: Analysts Name: Edition: 7i 7-.r-a,-f .• • Daily PM Pk Hr LandUse Size --..... ._._ .___....... ___..._-. _.._._. _---.___ Entry Exit Entry Exit 230-Residential Cendoaslnium/Towwnhouse 425 n' 1133 1132 132 65 ReduOon 0 0 0 0 Internal I 385 386 42 33 Pass-by 0 0 0 ' 0 Ncn-pass-by 748 746 90 32 M0•Medical-Dental Office Building 31.5°' 569 569 29 74 Reduction 0 0 0 0 Use mal 85 136 9 8 Pass-by 0 0 0 0 Non-pass-by i i 484 433 20 ' 66 820-Shopping Center 143 5 r" 4299 4294 366 397 Reduction 0 0 0 0 Internal 511 459 40 50 Pass-by s i 567 576 82 86 Non-pass-by l i 3216 3258 244 261 Total .. .. 5996 5995 ,.-. 527 536 Total Reduction i 0 0 0 0 Total Internal ' 981 981 91 '.. 91 Total Pass-by 567 ' 576 82 l 86 Total Non-pass-by I 4448 ( 4438 354 I 359 (9) Dee111ng7nes (2) 1007 Sq.Feet Gross F8xa Area (3) 1000 Sq.Feet Gross Leasable Area Trebilcock Consulting Solutions,PA Page 112 Tree Form MPUD Amendment—TIA—July 2015 Period Setting ✓ Data provided by ITE Speafy the Independent Venable.Time Period,and Calculation Method to be used in the caicutahon of the number of Trips generated in the analysts T o record any notes,click r'And Notes above Project Name Tree Farm-MPUD-Allowed-July 2015 I Analysis Name. [tDaily -�- -�� Land Use Independent Variable Size Time Period Method Entry Exit Total; Ck.230-Residential iFEira;-1 mg Units Et 425 [Weekday �v [Best Fd(LOG),J CondominumT ow nhouse `---� - Ln(T)=0.87Ln(X)•2 46 1133 1132 2265- 720-Medical-Dental r �r�^� 1000 Sq.Feet Gross 31 5 'Weekday - -2' Average S+-2 V € Uf6ce Building e _._ _._.. 36 13 569 569 1138 4 820-Shopping ter Q u - Fit la Cen 1000 S4 Feet Gross 143 5 Weekday 'Best F (LOG) V� tn(T)=0.65Ln(X)•583 4294 4294 8588 '. Traffic Reductions Specify a percentage by whim the Entry Tnp end Exit Tnp will be reduced for each Land Use Tres reduction is applied to the Entry Tnp and Exd Trip from the previous section To record any notes,click ' aid Notes above Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 230-Residential Condominium/Townhouse l0 ./t%, 113-3 .0 °- 1132 720-Medical-Dental Office Building LK:.7.1%�._._$ 569 _'0.... lb 569 820-Shopping Carder 4 204 11-15-13* 4294 /we., Internal Trips Specify the percentage of trips that occur between the Land Use on the left and the Land Use on the nght The table below displays the total rumber of taps that have been reduced from a particular Land Use The total number of Internal Trips for each Land Use Will be deducted horn the adjusted Entry Tnps and Eat Taps from the previous section To record any notes,citck(he .con above For recommended values see the ITE-lanrlbonk or NC�NRF 684 230-Residential CondominiumlTownhouse 720-Medical-04mM Office ''....j Exit 1132 Demand bed ;U... .1% (0) Balanced Demand Entry (0 pb (01 Entry 569 Entry 1133 Demand Entry (3_-._)16 (34) Balanced Demand Exit 12 116 (11: Exit 569 230-Residential Condominium/Townhouse 020-Shopping Center Exit 1132 Demand Evil 36 (430) Balanced Demand Entry ,„j% (386) Entry 4294 L —, 386 Entry 1133 Demand Entry 33 Balanced(3741 114 Demand Exit 11 I96 14721 Exit 4294 720-Medical-Dental Office Building 820-Shopping Center Exit 4 Cxrr�d E+R X22 ( 25) Balanced Demand Entry [d_. i7?} Entry 4294 125 Balanced Entry 559 Lim a'id Entry [15 15�'Yo (85) BalaFw 85 d Demand 3717,11% (129) Exit 4294 230-Residential Condominium/Townhouse ' Internal Trips -. Total Trips 820•Shopping External Trips 720-Medical-Dental Office Building Total Center Entry 1133(100%) 11(1%) 1 374(33%) I 385(34%) ) 748(66 %) Exit - 1132('100%) 0(0%) 1 386(34%) 386(34%) ' 746(66%) Total 2265(100%) 11(0%) 1 760(34%).._ =-771(34%) 1494 (66%) t Trebilcock Consulting Solutions,PA Page 113 Tree Farm MPUD Amendment—TIA—July 2015 720-Medical-Dental Office Building Internal Trips Total Trips 230.Residential 820-Shopping Total External Trips Condominirmr/fownhouse Center GiEyy ,Fnalysi it er, v al r< �1-� tilfFl9q r1,i frer �' FreSFfi'6rier,'' 85(15%) 484(959'0) Exit 569(107%) 11(2%) 125(22%) 136(24%) 433(76%) Total 1136(100%) 11(1%) 210(18%) 221(19%) 917 (81%) 820•Shopping Center Internal Trips Total Trips 230-Residentid 720-Medical. External Trips Condominiurn/fosenhouse DentalOflice ! Total But— Entry 4294(100%) 386(9%) 125(3%) i 511(1214 I 3783(88%) Exit 4294(100%) 374(9%) 85(2%) I 459(11%) 1 3835(89%) Total 8588(100%) 760(9%) i 210(2%) 1 970(11%) 1 7618 (e9%) External Trips Specify the percentage of Pass-by Trips for each Land Use The percentage will be reduced from the total number of External Trips from the previous section To record any notes,click •`Add Notes above The CO icon preceding the Pass-by%value indicates data provided by RE Clicking the icon changes a custom Pass-by%v alue to data provided by RE Land Use External Trips Pass-by% Pass•byTrips Non1 ass-by ips 230.Residential Condominiurdfownhouse 1494 ED% 0 1494 720.Medical-Dental Office Building 917 l% 0 917 820-Shopping Center 7618 15 J% 1143 6475 /�--..' Trebilcock Consulting Solutions,PA Page 114 Tree Farm MPUD Amendment—TIA—July 2015 Period Setting ✓ Data provided by ITE Specify the independent variable,Time Period,and Calcu)ahon Method to be used in the calculation of the number of Trips generated in the analysis To record any notes,dick * Add Notes above Project Name Tree Farm-MPUD-Allowed-July 2015 Analysis Name LM Pk Hr Land Use Independent Variable Size Time Period Method Entry Exit Total Q. 230-Residential i ------° CondommiumiTowrdtouse I Dweing Units _. 425 weekday.Peak HO-- !Best Fit)LOG) Ln(T)=082Ln(X)•0.32 132 65 17 0. 720-Medical-Dental Office Budding NOOO SgqFFeet Gross En 31 5 Weekday.Peak Hour 64 'Best.._ q Fit(LOG): Ln(T)=09Ln(X)•1 53 29 74 1113 4 820-Shopping 1000 Sq.Feet Gross v 143 5 W 0 i eekday,Peak Hour Best Fit(LOG) ti i. Center �) �! 101T)=115710)01-331 566 397 7. Traffic Reductions Specify a percentage by which the Entry Tnp and Exit Trip will be reduced for each Land Use This reduction is applied to the Entry Trip and Exit Trip Irvin the previous section To record any notes,dick • Add Notes above Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 230-Residential Condommwmfrownhouse 1.0 Y. 132 61 l% 65 720•Medical-Dental Office Building L"' 29 )00 j% 74 (� 820-Shopping Center 1" ,I% 366 f0 18a 397 t...* Internal Trips �-� + Specify the percentage of trips that occur between the Land Use on trio:left and the Land Lise on the nght The table below displays the total number of tops that have been reduced from a particular Land Use The total number of Internal Trips for each I Land Use will be deducted from tie adjusted Entry Trips and Exit Trips from the previous section To record any notes,click the f g. •`icon above For recommended values see Rie ITE Handbook or!ICHRP 661 E 4t t. C 230•Residential Condominium/Townhouse 720-Medical-Dental Office Building � Balanced Exit 65 Demand Exit L°..__146 10) 0 Demand Entry [0 116 (0) Entry 29 i. Entry 132 Demand Entry [2 1% (3) Balanced Demand Exit [2 195 (t) Exit 74 r 230-Residential Condominium/Townhouse 820-Stopping Center Exit 65 Demand Exit 15-1-1% (341 Balannc d Demand Entry 1.9. I% (33) Entry 3136 Balanced Entry 132 Demand Entry 31 (41) 41 Demand Exit (-1-27j% (40) Exit 397 720-Medical-Dental Office Building 820-Shopping Center Exit 74 Demand Exit 123 (17) Balanced Demand Entry LI% (7) Entry Entry 29 Demand Entry 31 1% (9) Balanced Demand Exit ifTM 112) Exit __ 230-Residential Condominium/Townhouse Internal Trips Total Trips External Trips 720-Medical-Dental Office Building 820-Shopping Total Center Entry ' 132)11)0%) i,i 41(31%) 42)32%1 1 90(68%) Total " 197 f 100%) ( 33(51%) 33151%) 32(49%) Exit 65(100%) -} __ I° . 1 74(3896) 1 75(36%) 122 (621^i Trebilcock Consulting Solutions,PA Page 115 Tree Farm MPUD Amendment—TIA—July 2015 720-Medical-Dental Office Building Internal Trips Tefal T 230 ypt External Trips �Add Anal s 'Cop Oral - gg �,��1 A ��=is ' N�tt,r�rppirg. Total Ys. -....p Y• y'LT`ondomlll�/TnwFinlrse +-� �Genlei Entry 29(100%) 0(0%) 9(31%) 9(31%) 20(69%) Exit 74(100%) 1(1%) 7(9%) 8(11%) 66(89%) Total 103(100%) t(1%) 16(16%) 17(17%) 86 (83%) 820-Shopping Center Internal Trips Total Trips 230-Residential 720•Medical- Total External Trips Condominium?ewrdnouse DerntalOffice Total Building Entry 366(100%) 33(9M) 7 i2%, 40(11%) 326(89%) Exit 397(100%) 41(10%) 9(2`<) 50(13%) 347(87%) Total 763(100%) 74(19%) 16(2%) 90(12%) 673 (88%) External Trips Specify the percentage of Pass-by Trips for each Land Use.The percentage will be reduced horn the total number of External Trips from the previous section To record any notes,click ^ Avid Notes above The icon preceding the Pass by%value indicates data provided by ITE.Clicking the icon changes a custom Pass-by%value to data provided by ITE Land Use External Trips Pass.by% PassbyTrips Non.pass-by Trips 230-Residential CondomnurnTownhouse 122 D % 0 122 720-Medical-Dental Office Building 86 15-7. 0 86 820-Shopping i entei 673 O i"' 168 505 Trebilcock Consulting Solutions,PA Page 116 Tree Farm MPUD Amendment—TIA—July 2015 Project Name: Tree Farm-MPUD-ScenanoA-Aiy2015 No: I I Date: 7/2172015 City: r ! State/Province. ZiplPostal Code: IIII Country: Client Name: Analysts Name: Edition: ITE-TGM 9th Edition Daily PM Pk Hr Land Use Size Entry Exit 1 Entry Exit 230-Residential Condom iniumfTownhouse 281 m 790 790 94 46 Reduction 0 0 0 0 Internal 293 ( 235 26 20 Pass-by 0 0 0 0 Non-pass-by i 497 555 68 26 720-Medical-Dental Office Building ?12 5 0 228 226 3 13 32 Reduction 0 : 0 0 0 Internal 58 86 6 i 7 Pass-by 0 0 0 ! 0 I Non-pass-by 188 140 7 i( 25 620-Shopping Center 26 1415 1414 117 1 126 Reduction 0 C 0 0 Internal 427 447 iiil 27 35 Pass-by 148 145 22 23 Non-pass-by 840 822 68 68 945-Gasogne$Service Station With Convenience Market 12 r4 877 976 I 81 81 Redaction 0 : C 0 0 Internal •• 88 6 6 Pass-by 356 306 38 37 Non-pass-by 533 534 37 38 932-High-Turnover(Sit-Down)Restaurant 10 0 ! 636 638 t 59 40 Reduction 0 C 0 0 Internal 82 95 7 5 Pass-by 166 1E3 21 14 "...m\ Non-pass-by 388 378 31 21 934-Past-Food Restaurant with Drive-Through Window-1 9.29 6) 2305 2204 158 145 Reduction 0 C 0 0 Internal 226 225 16 15 Pass-by 624 623 57 r 52 1 Non-pass-b Y 1455 14* 85 78 1 Total 6349 6346 522 470 1 Total Reduction 0 C 0 0 Total Internal 1174 1174 88 88 Total Pass-by 1294 1287 138 126 Total Non-pass-by 3881 3805 296 256 (1) Dwelling Oats (2) 1000 S4 Feel Gross Floor Area 231 100007 Feet Grass Leasable Are1a i -._ Trebilcock Consulting Solutions,PA Page 117 Tree Farm MPUD Amendment—TIA—July 2015 (Period Setting ,i Data provided by ITE Specrry the Indeperiienl Vanaeie.Tirne Period.and Cdcula on Method to be used in the cala,lapm of the number or Trips generated in the waives Ta record any nces.dick Add Notes at vv Protect Name. Tree Fami.WOG-Scenern A-.key 2015 Maysis Name. y Land Use kidependert Variable Site Time Period Method Entry Exit Total 230-Resdem al EDweieng Units v 281 (VVeeWay �' 1 Best Ft(LOG)i— CondominumRomlhouse r tn(T)=0.87Ln(X)••246 790 790 1580 Office @ Min-C once (;003 S0 Feet Grossiv 12 5 [Weekday t Average `!1-- 3613 226 226 452 820 Shopping - - —..-..___��-,, ..._.`_.......-__._____ Berner )1003 Sq Feet Gross jI 26 (Waelday C11 Best Ft(LOG) v Ln(T1-055&11(X)•5.83 1415 1414 2829 945- Sta G S°1 ISerwce 1Vehkle Fueling Pogo in' 12 1 Weetday [Average C7 Ccmvemerr_e _- 16278 977 976 1953 932-High-Turnover 1000Sq F -r:_se. iii +-r clue v -c.ra•F _ (9t-Cvn)Restaurant_ J -1 12715 636 636 1272 934-Fast-Food Restaurant rvth Cave 'tOLYi SU F r;r... v 1 ..,>.:*24 v� i Aver- Through W �.-._...- 49612 7305 2304 4609 he indicates=c- .-r-;.v re-ge Traffic Reductions Specify a percentage by 0,111(11 the Entry Trip and Exit Trip veil be reduced ter each Land Use This reducacn is applied to the Entry Trip and Ent Trip tram the previous section 10 record ace notes,click• Add Notes above Land Use Entry ReWotlon Adjusted Eruy Exit Reduction AduatedEtdt 230-Pesidanila!Condomnxm'Tr,wr,house (J]% 1A0 790 720-Medical-Owlet Office Building CO 226 226 820-Shapptng Canter [0 j% 1415 (a 1414 945-Gasotrke7SeNice Station WE,Convenience Market i�° ��1°� 977 ��-�-�,°� 976 932-High-Tumaar(Srl-Co'M1)Re8anat !" t'° 636 t_ 16 536 934-Fast-Food Restaurant with Carve-Through Waldorf-t L"�.1'° 2305 101% 2304 Internal Trips !! Specify the percentage of trips that occur between the Land Use on the left and the Land Use on the right The table belvee displays the total number of trips era have been reduced from a paecuter Land Use The told number of Internal Trips for each Land Use wet be deducted from the equated Entry Trips and Exit Trips from the previous sermon To record any notes.dick the• Kon above Fa recommended values see the ITE Hand:7oi,or Fa-13RP in4 230-Residential Condominium/Townhouse 720-Medical-Dental Office Building exit 7S0 [errandFxn 0 % Itii Earned exit 0 v„ 101 Entry -_- Entry 700 Demand Entry 13 -196 (24) Balanced CbnandE,t �2---1% (S) Exit _.. 230-Residential Condominium/Townhous• 820-Shopping Center Exit 7911 Demand But i% (30 0) 13aeric Demand Entry (9 f (127) Entry 1415 Entry 790 Demand Entry 3 (2611 Been CemandExit 11 (156) Exit 1414 230-Residential Condominlum/Townhouse 946-Gasoline/Service Station With Convenience Market Exit 7y) Demand Exa "o i% (63) � Demand Entry 12 Jhk (20) Entry 977 Entry 790 CteaidEntry )% (47) Balanced m DemandExt IT:1% (201 Extt 976 Trebilcock Consulting Solutions,PA Page 118 Tree Farm MPUD Amendment—TIA—July 2015 ±:el Reidential CondominlurTawnhouse 937-H1911 1 urnnvei(Sit-Down)Restaurant [tat (8) Dertend Elul: 13 (1031 Balat7ed. Demand Entry '1 (19) Entry 6X,�,py� 1 _ Bwjled iae,, . ... ,.47^"4 -c I �'_ea Ent nagsis/l Was n eNss 1 (2({I Rut Prey ei '1 aA Exit 6�E 231-Residential r:-Dodo rdnitnl?Towthwrse 934-Fes1Food'isiruen.with Dr4s-Through Wlndtw- 1 Ell 790 EArreM Er* 113 I%.(1631 Ba 69e tl. Cnn I'_.ard Ertry r6 (6% Entry 2701. Emery 790 Dentine}Entry 111—(6 (07) Balanced Gerund Erl 14 1% (92) Exal 7304 121.Medic.=Daea Office Balding 820 Slopping Center Eta 226 Derrend Esrl: L% (50) Balanced. Demand Enln. 34 1% (571 1ntry 11-- Entry 226 Demand Erin. 6 (34) Baum: Demand Ea7r 13-1% (42) Eat la , 720.Merlea•Denta Office Hsiang 945-Gasoline.'Service Station With Convenience Wankel E■ 226 Darns re Eel: L096 (47 Balanced: DernandEnln ;1 _% (10) Entry 977 Entry 226 ners E1*y, (1) Balanced: Demand Ell( n 0 CO FM 971: 728 Medcal-Dental Office Belding 932-High-lurnover(Sur Down)Rex taunt ant Eli 226 DenOroEel In% (16) Balanced: DemandEntr) 1 7, 15., Entry 6% Entry ,236 Demand Entry: 16-1% (11) Balanced. Demand Exit: 1 ,96 (61 [rot 6313 934 F eel-Food R d sstourani oath Drive-Through Wnumv. 720-Mural-Dental Office Building 1 Exit 2 26 Demand Ea[ V: Baanred �16 Ito) 16 Derrend Eery;L (71 Tnlry 7390 Fr4N 226 Clemerd Emirv. tra f11) B1ancetl 11 Derron0 Est rl% (23) Exd 7334 020 Shopping Canter 945-Gsoln&Service Staten With Convenience Markel Exit 1314 Cemer:Exl. Ei% (85) Bdalitd. Demand Entry i 6m J% (59) Entry 977 Entry 1 415 Demand Er/y: E;% (85) Ba191rlced Demand Ert !O l% 151 1,0) 976 1 I 820-Shopping Calla 932-High-Turnover(Stn-Down)Restaurant ",..1 Eta UU Derrerd Erl. [117 j% (111) Balanced Demand Entry 3 ti rr, Entry 630 Emily 1415 Demand Entry. Fi% (127) Balaned: Demand Evil. '10 `4 144: Fdl 536 -Shopping -Fast-Food Restaurant with Drive-Thnong),Window Canter Exit 1414 DermandExl. 10'}% (141) Balanced: Demand Entry '9 % 12 V) Entry 141 Entry 1415 Demand Entry. 9 't (127) Dnanced. Demand Eti 110 % (230) Eno 127 u.._... 915.Gsolne'Service Station 191101 Convenience Marko 932-High-Turnover(Sit Down)Resler rani 11 EMI 976 Demand Ent 'U% (0) 84191905. Depend Enloy .,C err 10 Entry 63) Entry 977 Dermrd Erty r—,% (01 Balanced Demand Erg {0 ]% (0) Etas 531 943-Gaeolna'Satdee Station*Atli Convenience Marko 934-FslFood Restaurant undlh Drive through Window Eta 976 Demand Exit l0_I* (y Balanced Deward Entry L11% (0) Entry 2535 Entry 977 Demand Erin, r'._.h6 (0) Bel Oced. Derrend Erl x1% (IA Er* 2)34 932-High-Turnover(Sit-Down)Restaurant 934-Fast-Food Restaurant with Drive Through Window 1 EMI 638 Der- and Exl 0 '4 (0) Balanced Demand Entry: [0 1116 (0) Entry 233; Fishy 636 Derrerd Ertrv. 0 % (01 Bat Oced. [errerd Exd. LO_I% (0) Fxo 213: 230-Residential Condominium'idvmhouse enema Traps Total Trps 820- 1195- 904-Fast- Etrsmal 770 Medic*Dental(M.. Shopping) r)(ludo e0ennce I (•. Food Total Trips Centel Waau_-- Entry 790(100%) 501; :1,6((l'rj 23(3'%) 75(3%) 87(11%) 1 293(37%1 457(63%) Eidt 780 0W%) 0(0%) 13' Er; 201394 f 19(2%) 69(9%) 1 335(30%) 555(20%) Tela 1580(100%) —5(0%) E 3 r l 8133 40-(3%) I 44(3%1 155(10%)1 528(339) 1052(67%) 1 770-Medical-Dental Office Building Trebilcock Consulting Solutions,PA Page 119 Tree Farm MPUD Amendment— 7A—July 2015 Internal I rips I total Inns 82fr 995- 939.fast. Eamniat 230-Rrsideroal COndu.. Shopping Gasohrre�5ervrce 432-Hrgh- Food Toil Trips Carter Syron Wtlo turnover(.. Resider Cpnve. � )I ._tea, ?i-ft = r t y sa` 2ti s} (3%) 11(5%) 58(26%) 168(74%) 608 226(100%) 5(217 50(22% 9(4%) 6(3%) 16(7% 86(38%) 140(62%) Total 452(100%) 5(1%) 84(19%) 16(4%) 17(3%) 27(6%) 144(32% 308(68%1 f. 820.Shopping Center Internal Trips Total Trips 731- 995 934,Fast. Femme 270-Residential Medrral Gasohne%ervice 932-Hrgh- Food Total TrN1s Coudwunt.. Dental Of.. Stalin h Turnover(.. Regan_ Entry 1415(100%) 127(9%) 50(11%; 90(4%) 64(5%) 127(9%) 427(30%) 888(70%) Exit 1414(100%) 156(11%) 34(2%) 59(4%) 57(4% 141(10%) 447(32%) 967(69%) Total 2829(10056) 283(10%) 84(3%) 118(4%) 121(4%) 269(9%) 874(31%) 1955(69%) I 945•Gaso8ne✓Senrice Station With Convenience Market Internal Trips Trial Trios 720. 934•Fast. E)(ren trews 230-Residential Medical- 820 Shopping 932-ver.. Food Total Trips Condeninhan.. Credal 0.. Center Turnover.. ReNa. Edgy 977(100%) 20(2%) a l l%) 59(6%) 0(0%) 0(0%) 80(996) 889(91%) Eql 976(100%) 20(2%) 7(1%) 59(6%) 0(0%) 0(0%) 86(9%) 890(97%) Total 1953(100%) 40(2%? 16(1%) 118(6%) 0(0%) 0(094 174(9%) 1779(91%) 9:12.High.Turnover(Sit-Dover)Restaromn Internal Trips Total trips no.Residential - 81n•SltotPh70 945• 934•Fup• rxtips Trips CondonaniuMTovain. Carter Ga rSavica. Food Re. Total Entry 636(100%) 19(3%) 6(1%) 57(9%) 0(0%) 0(0%) 82(13%) 554(87%) Eel 636(100%) 25(4%) 6(1%) 64(10%) 0(0%) 0(0%) 95(15%) 541(85%) 1 Total 12724,100%) 44(3%'∎ 12(1%) 121(10%) 0(0%) 0(0%) 177(14%) 1035 r86 0..I 934.6ast-food Restaurant with Drive Through Wrndew 1 Internal T rips Total(lips 230-Residential 720 820.Shopping 945' ' 9 Exten`at Medical_ Gasoline/Service I High- Tad I Co ndomntuinlownhutise Center i t Dent.. 5faclon iMh.. Tuatara,. Entry 1305(100% 69(3%) 16(1%) 141(6%) 0(0%9 226(3017 1 2079(90%) Lot 2104(100%) 87(4%) 11(0%) 127(6%) 0(0%) 0(0%) 225(10%) 2079(90%) 1 s Told 4609(100%6) 156(3%) 27(1%) 268(6%) Y 0(0%) t(016-)1 451(10%)1 4158(90%) Lid ernal Trips Specify the percentage 04 Pass-br Trips for each Cane Use The pertentagewil be reduced homily total rxmt)H of External Trips from tie pre'IndS team.To record any rotes tick Add Moles atpve The V ton preceding the Pass-try%value necales data rid riled by ITE Clicking the Icon changes s aalom Pas-6y%value 10 data provided e ITE land Use External Tops Piggery% Pass-by I nps Hon-pass-by Tops 230•Res)derdlalConciomnunrTOeeiheirse 1052 0 % 0 1052 770•Meucal•Dental Office Budding 308 1fi.. % 0 308 820.Shopping Center 1955 [157% 293 1662 945.Dascnerservoe Station Wdn C.erveruence Market 1779 14-671i6 712 1067 932-Hgh-Turnorer(S4-Down)Restauar4 1095 30- % 329 766 934-Fast-Food Redeurard with Drive Through Window-I 4158 30 % 1'1' NII / Trebilcock Consulting Solutions,PA Page 120 Tree Farm MPUD Amendment—TIA—July 2015 Period Setting J Data provided by ITE Specify the Independent Valente.Time Period,and i.alcdarn Methods°be used m the calculation of the number of Traps generated in the anal r 1- To record any notes.dick Add Notes above Project Name Tree Farm-MPJO-Scenario A-duly 2015 33 AnaysrsName (PM Pktr____,_ _-_�...w.. ___.._.} Lend the Independent Variable SIMI Time Period Method Entry Exit Taal . - 230-Resdderdial ._. -- f_,23° um?"ahlwse Cwelhng Lines -...v 281 Weetatey,Faak Her v Best Fa(LOG) Ln(T)=0.slimy)*0 32 94 46 14L1 720-Medcad-Lena ____Pe_T x Office Budding 1{Y.ru Sq FrK Gross C4 12 5 h Vvraxlxlay.Peak Hui` (Best R(LOG) v ... Ln(T)=0 9Ln(X)•I53 13 32 - 82o-Stropping - i 0)0>a f eat Orosss v 26 1 weefad6Y.Pe*HO_x v J,i gist R fLr-2) v Center _.._. Ln(T)=067Ln(XJ•331 117 126 24, 945- Station r,&Service t Vehicle Fueling Posh g2) 12 I Weekday,Peak Her v [Average__ (v Convenience ! 1351 81 81 162 --932-High-Turnover R,esta ,1000 Si Fee Gross 10 Weekday.Peak Hou v Average v : (SiFLxvimlRestau�t --. #,,--e �---- � ! .� 965 59 40 99 934-Fast-Ford --�.-. Through yytard rah Curve- j 1030-S4-Feist Gross 929 Weekday,Peak Heu [Average...-_ r_.— 32 65 158 145 303 Traffic Reductions Speaty a percentage by which the Entry Trip and Eel Top vell be reduced for each Land Use This reduction is applied to the Entry Top and Exit Top from the previous section To record any rotes.Click. Add Notes above / \ Lend Use Entry Reduction Adpisbd Entry Exit Reduction Adjusted Exit 230-Resider-ddial Condnmint inV7cwnhouse f0.:1% 94 t0 Jib 46 720-Merbca4Gental Office Building tom. 1X. 13 :9" 32 $20.Shopping_enter l"�--J-�%, 117 10 fie 126 945-raic neISeiwce St ation Nlih Convenience Market [�' % 81 f° 6 81 '&32-Hyro Tumaer(St.Down)Restaurant E�7-.}..,�'� 59 10-.. 40 934.Fast-Food Restaurant with Give-Throx90 sAnnd_rw-I L_._..1"' 1% Ere 14' Internal Trips Specify the pe-scenta9e()than dta ir,:ut between the Land Use cc the lett and this Land Use on the right The table below displays the MI ntxnba G tops tha have been reduced from a penccular Land Use The tcta number of Internal Trips for each Land Use vet he deducted horn the Ousted Entry Trips and Era Taps from the previous section To record any notes.click the• 4on above For recommended values see the IT Hantt?ocS,or 19fHRP€64 230-Residential Condominium/Townhouse 720-Medical-Dental Office Building Exit 48 Demand One 1-6-1% 10) Balanced Demand Entry f J% (0) Entry Entry 91 Demand Entry (2:71% (2) Baancetl Dernand Ent (2 .J)b (I) Exit 230-Residential Condominium/Townhouse 820-Shopping Center Exit 46 Cernand Exit (59'% (24) Balanced Demand Entry (11) Entry Entry ru: Demand Entry 31 (291 Balanced Befriend Ent -1-2141. (15) Exit 230-Residential Condominiumliownhouse 946-Gasoline/Service Station With Convenience Market Exit .11 C.irrrand Ene 1,10 hb (5) Balanced Lenrand Entry - (2'r Entry ' Entry . Demand Entry t 1% &e (6) Eden'ed mend Ent 2 rs, (- Exit Trebilcock Consulting Solutions,PA Page 121 Tree Farm MPUD Amendment—TIA—July 2015 I230-Residential CondorYrWmITownho use 932-Hint-Turnover(Sit-Down)Restaurant Exit 45 CramandE,a '.It )): r8) Solenoid , . Demand Ent'i _ Entry 59 Entry 57 Demand Entry F95-1% l9) 8+larcei 7 Demand E..11 4 Exit 40 Q+,r,,, I i r i (7'7',:,214 Anal (M-ave Andesis ) (4.Ftird Pleb,, 230-Re sidentlal Condominium)ewnhouse 934-Fast-Food Restaurant with Drive-Through Window- 7 Exit 46 Cematd Exit l (81 Belated Demand Entry_ [3-1% (5) Entry 156 Entry 94 iematd Entry 10 (9) Bala Demand Ern 14 15 161 Exit 145 720-Medical-Dental Office Building 820-Shopping Center Exit 32 Dnmrr45xa 12 (7) &xiffiCEJ DtrnantE =• {} (7 2 Entry (2) Entry 117 Entry 1' C+snand Entry 1-j% BMat[el(4) 4 Ugn2Ml Eel i3, j'4, (d} Exit 126 720-Medical-Dental Office Building 946-GasollnetServlce Station With Convenience Market Exit _- Evvrxnd Eta j1 la,, II) Baanted Demand Entry j1 j% III Entry 31 °__- Bxiancecl Entry L Demand Emu.) i6 )% (tl Demand Ex,t I1 rs (1) Exit ai 720-Medical-Dental Office Building 932-High-Turnover(Sit-Down)Re staurant Exit 32 Demand E,4 7 2) Baalcpl ( i=) i Dernand Entry It Tp. (I) Entry 50 BerancSJ Entry 13 Demand Entry .lira ;a, (II 0 Demand Ent (1 j% (0) Exit 40 720-Medici-Dental Office Building 934-Fast-Food Restaurant with Drive-Through Wdndow- 1 Exit 32 C)ema,d 6rt 17_k (2) 8914nta7 Demand Entry 1t; 15) (3) Entry Ise Entry 13 Demand Entry lib IS (1) Balanced demand Era (t (0 III Exit 145 820-Shopping Center 946-Gasoline/Service Staten With Convenience Market Bxiancvi .... Exit lit. Cw+andSix EL-i% 15) v DemandEMry 111 `7. 04 Entry et Entry 117 Lvnand Entry 14' '115 (5) B93rce-i D.P1annE.11 ,-1Th (3) Exit 91 820-Shopping Center 932-High-Turnover(Sit-Down)Re steursnt Exit 126 Demand But in% (9) Balanced Demand Entry 17. 1% (4) Entry 59 Entry 117 Demand Entry 17 (% (8) Bxia3ced Demand Ent n7 1% (3) Exit 40 820-Shopping Center 934-Fast-Food Restaurant with Drive-Through Window- 1 Exit 126 Demand Ent (1-196 (9) Balanced Demand Entry [7- }% (11) Entry 15; Entry 117 Demand Entry Elt (8) Balanced Demand Exit 17 1% (10) Exit 145 945-Gasoline/Service Station With Convenience Market 932-High-Turnover(Sit-Down)Restaurant Exit _I Demand Exa �.(% {0) Bela Deed De Demand Entry [ j% (0) Entry 54 Entry 3 C I 1 Demand Entry 0 (0) Bxiittcsd Demand Ent 0 0) Exit 40 0 946-Gasoline/Service Station With Convenience Mantel 934-Fast-Food Restaurant with Drive-Through Window- Balanced Exit ..•1 Demand Exit 10 <,, (0) 0 Demand Entry 10 1% (0) Entry 158 Entry .;1 Demand Entry t" 9 (0) Balanced Demand Bat ( 1'6 (0) Exit 145 (� 932-High Turnover(Sit-Down)Restaurant 934-Fast-Food Restaurant with Drive-Through ve-Through Window- Exit 40 Demand Exit 10 (6 (0) Balanced Demand Entry. [0_. (0) Entry 158 G Balanced Entry 59 Demand Entry l_�6 (0) 0 Demand EA [0.A% (0) Exit 145 230-Residential Condominium/Townhouse Internal Tripe 994- +, External Total Traps. 720-MWIea140ersal Ofi.. Shopping Gasoline/Service 932•lagrt•Tumover Fast Taal 1 T i Canter St.. (S.. Food Rg1au. Entryt 91(100%) 1(1%) 1 15)16%) • 21 , 2(2%) . 6(6%) 26(28%) 68(72%) Exit 1 46(100%) 0(0%) 11124%) I 1)4%) 2(4%) 5(11%) 20(43%( 26(57%) Total 140(100%i 1(1%) 26(19%) I 4(3%; 413%) 11(8%) 46(33%) 94(67%) 720-Medical-Dental Office Building Trebilcock Consulting Solutions,PA P a g e 1 22 Tree Farm MPUD Amendment—DA—July 2015 Internal Tnps 945- Qh, E eenl.ii Told Trips >p0- G morn e5evrce 9(32-High•Turnover last- Tor, Tries 230-Residential Cond. Shopping Station W M (S.. Food . C an er Convent. Restau_ QpdA(1�yy53�er) (57_COpf/VS4ikgi-.' 'ir MSpit&i= ' 4016review ) 0(0%) 1(8%) 6(46%) ?(;a9:) E7d1 32(103%) tI(3%%) 2(6%) 1(3%) 1(3%) 7(6%) 7(22%) 25(78%) Intl 45(100%) 1(2%) 6(13%) 7(4%) 1(2%) 3(7%) 13(29%) 32(71%) 820-Shopping Center InMnel Tips loll lops 23p.Residential 720• Gasolnedinvloe 852-H •Tmnssr Flit- Exlem.tl Condoninin. D. a.. Slit n rh IS„ Food Taal lops Cowan- Rasta. Entry 117(100%) 11(9%) 2(7%) 3(3%) 3(3%) 8(7%) 27(23%) 90(774-.. Eta 12e(100%) 15(12%) 4(3%) 3(2%) 4(3%) 9(7%) 35(28%) 91(72%• Tay 247(100%) 36(11%) 6(2%) 6(2%) 7(3%) 17(79) 62(26%) 181 (7 4'1, 945-GasolneService Station Willi Convenience Market leaved Taps Total Trips • External Z10.Residential 720 820-Shopping 832-High- Fast- Trips Medical- Contbinruum/fata. Motel o.. Caner Turnover- Food Told Ras. Entry 81000%) 2(2%) 1(1%) 3(4%) 0(0%) 0(0%) 6(7%) 75033%) Ern 81(1 00%) 2(2%) 1(1%) 3(4%) 0(0%) 0(0%) 6(7%) 75(93%) Total 162(100%) 4(2%) 2(1%) 6(4%) 0(0%) 0(0%) 12(7%) 150(93%) 932-High-Turnover(Sip-Dawn)Restaurant Internal T 1ps Told Trips -Residential ral M d- 8m- '- Fl- Toni Extern ti I n ps Condoneniun1Tovdtouse e 001141.. Center Gaso8neService.. Food.. i--.. Entry 59000%) 2(3%) 1 i2%) 4(7%) 0)0%) 0(0%) 7(12°4) 52(88%) Exit 40(1 00%) 2(59) 0(0%) 3(8%) 0(0%) 0(0%) 5(139) 35(87%) , Trial 99000%) 4(4%) 1(1%) 7(7%) 0(0%) 0(0%) 12(12%) 87(88'1) • 934-Fast-Food Restaurant with Drive-Through N6ndow•1 Internal Tips Total Trips Eneni+i 230-Residential pI 1". , 820•S toppl O Gaa:re5iii stn Kahl Thal Trips Cotttbrmmtms7ovritouse Dent. Castel Station VAN)C.. Torso- Entry 1 158(100%) 5(3%) 2(1%) 9(6%) 0(0%) 0(0%) 16(109) 142(909) E 1f11 III 145(1001)1 6(4%) c 1(1%) 8(6%) 0(0%) 0(0%) 15(10%), 130(909) Total 303(100%)i 11(4%) 3(1%) 1 17 03%) 0(0%) 0(0%) 31(10%) 272(909) External Tdps Specify the percentage of Fa ss.by Tress for each Land Use.Tne percenage wil be reduced from the total number of Erlerrpl Trips from the prernout section To record an/odes,ckck • Add Was alone. The d icon precedirg the Pass by%value indicates data provided IN ITE.COckrng the icon charges a custom Passby%value to data provided IN IT E Laid Use Elenial Trips Palsby% Pass-by Trips Nonpassay Trip s 230-Resnential Corn1ormiumY Tagil ouse 94 I0-..1_I% 0 94 720-Medical-Dental Office Building 32 L._j% 0 22 820-Shopphg Center 181 QL25 1% 45 1c 945- asvhne*Sen ice Station WO Convenience Market 150 01-57-7 1% 75 75 932-High-Tumorer(Sr1-Down)Restaurant 87 OI40 j% 35 52 934-Fast-Food Res-taunt with Cuwe-Trxough Window-I 272 Q 40 i% 109 163 Trebilcock Consulting Solutions,PA Page 123 Tree Farm MPUD Amendment—TIA—July 2015 Project Name: Lee Fare:-t,1PUi i•Scenario 0-July 2015 No: Date: 7121/2015 City: State/Province: Zip/Postal Code: Country: Client Name: Analysts Name: Edition: ITE-T,M 9th Edition ' Land Use t SlueDailyPM Pk Hr Entry Exit Entry ' Exit 230-Residential CondominiumfTownhouse 281 w 790 790 "_._.. 94 .. A6___ Reduction 0 0 6 0 Internal 267 300 32 24 Pass-by 0 0 0 0 Non-pass-by 523 490 62 22 720•Medical-Dental Offic•Building 10 ca 181 180 10 27 Reduction 0 0 0 ) 0 Internal 29 46 4 i 7 Pass-by 0 0 0 0 Non-pass-by 152 134 '.. 6 20 710-General OmceBuilding 10'10 42., 114 114 15 75 Reduction 0 0 0 0 Internal 19 29 5 ! 9 Pass-by 0 0 0 0 Non-pass-by 95 85 10 66 820•Shopping Center 100(sr 3396 3395 288 311 ' Reduction 0 0 0 0 Internal 365 305 36 37 Pass-by 455 463 63 69 Nan-pass-by 2576 2627 189 205 Total 4481 4479 407 459 Total Reduction 0 0 0 0 Total Internal 680 680 77 77 Total Pass-by 455 463 63 6 Total Non-pass-by 3346 3336 287 (1) Dweang finals (2) 1000Sq.Fee(Grout Fix.Area (3) 1000 S.Feet Gross Leasable Area Trebilcock Consulting Solutions,PA Page 124 Tree Farm MPUD Amendment—TIA—July 2015 Period Setting J Data provided by iTE Specify the independent 9 able.Tom Period.and Calculation Method to be used in the calculation of Me number of Trips generated„ the analysis To record any notes,dick- Add Notes above Protect Name Tree Farm-MPUD-Scenario B-July 2015 Analysis Name Daily Land Use Independent Variable Size Tirne Period Method Entry Exit Total Q.230-Residential Dustn g U s-- 281 V9 BIWaV El BasFlt(LOG-ILIE l Condominium/Townhouse Ln(T)=0 8710(X)r 2 46 790 790 1580 4 720-Medical-Dentf9 . o Office Bolding 1000�.Feet Gross a 10 FAtseiday ___.....v] IAverege,_ ��v,. 36 13 181 180 361 4 77110-General office 1 1000:Sp Feet Gross t v 10 Vvttetdey Best Fit(LOG)CI 9 Bilding i Ln(T)=07610(X)+368 114 114 228 0,820-S1101:4n9 1.1000 Sq Feet Gross J 100 iWiekdey_��. Best FRLOG)di Center Ln(T)=0.85Ln(X)•583 3398 3395 6791 'Raffle Reductions Specify a percentage by which the Entry 7np and Exit Tap will be reduced for each Land Use This reduction is applied to the Entry Tarn and Et Top tom the previous soon To record any notes,cice r Add Notes above Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 330-Residential Condominium/Townhouse 14o 790 c0 Pb... 790 720-Mecical•DentalOffice Building 10 1% Is ( J10 Iso 710-General Office Bulidxng 10 9b 114 CJI4li 114 820-Shopping Center El% 3396 eti 3395 Internal Trips Specify the percentage of tops that occur between the Land Use on the let and the Lend Use on the ngrt The table 080W displays the total number otter's that have been reduced from a particular Lend Use The total number of Internal Taps for each L and Use will be deducted born the adjusted Entry Trips and Ent Trips horn the previous section To record any notes.click the• icon above For recommended values see the ITS Handbook or UILHPP 230•Residential CondominfumaTownsouse 720-Medical-Dental Office BuSdi Building Balanced I Exit 780 Demand bit 50 I% (0) 0 Demand Entry �4 i% 0) Entry 1F1 Balanced Entry ry X90 Demand Ent ry I3 (2A1 � 4 Exit Exit �2� (4) Fx 180 230•Residential CondorftinlatNTownhouse 710-General Office Building Exit 700 Cvnand ,0 lee (0) Balanced 4t Demand Entry 10-19b (0) Entry 1 to ':3 kwDemand BalaM;ed Entry 790 Demand Entry ,.__..-1"- 4241 2 Demand Ent i- (2) Exit 114 - 2 1 230-Residential Condominium/Townhouse 820•Shopping Center I Exit 790 Demand Exit r38—I9h (3001 Balanced Demand Entry l°__ X. (306) Entry 300 Entry 790 Demand Entry [33 ))e 4281) Balanced Demand bolt ft; 1Se t (373) Exit 3395 281 720-Medical-Dental Office Building 710-General Office Building Balanced Exit 180 Demand Eiit 4a) Bala2 Demand Entry L. ilo 121 Entry 114 Entry 181 Demand Entry t`2 _ i (4) Balanced Demand Exit [2_IL19t (21 Exit lid 720•MedicaWertal Office Building 820-Shopping Center Trebilcock Consulting Solutions,PA Page 125 Tree Farm MPUD Amendment— FIA—July 2015 IEel 180 Demand Exit 22_% (40) Balanc ed Demand Entry. F-196 (1%) Entry 3396 Entry 181 Demand Entry 15 I% (27) Balanced. Demand EeiE 13 % (102) Fair 3?S.° gdraMyeals ict:08issg Analysts-) hiSave Anaryss ' Print Preview y 1 1120•Shopping Center Fail 114 Demand Exit '22 (25) —Balanced Demand Envy LE.2% (136) Entry 3396 E.inn/ 114 Demand Entry. 15._ (17) Bala�etl Demand Exit: '(3•]% (102) E xit 3 9- no,Residential CandominiumTovamo use Internal Trips Total Trips General 820 Eatetnd hips 720 Modica!Dental Office Bail. fillies Shq>pirui I11131 _ [tinkling Carmen Entry 790(100%) 4(1%) (.,•„t 261(33%) 267(34%) I Ent 790(100%) 0(0%) 0(0%) 300(38%) 300(38%) 49 (62%) Taal 1580(100%) 4(0%) 2(0%) 561(36%) 567(36%) 1 1013(64%, 720•Medle •0%Mal Office BuiMig Tenon!Tripe Told Trips dual OZO Eatwns Trips 230.ResidenuyContbmirbenflo.. Shop g Told Office Center Dunning __ Entry ' 181(100%) : ---60%) 2(1%) 27(15%) 1 29(16%) I 152(84%)` Exit 180(100%) I 4(2%) 2(1%) 40(22%) I 46(26%) 1 134(74%) Total 11 4(1%) 1 4(1%) 67(19%) 1 75(21%) 286(79%) 710-General Office Building ' _.. Internal Trips - total Trips I 230•Resldenlial Me d0 r Sb 51.ng_ Total External Trips Condo minium/I ownhoose Dental Offi.. Center •bitty _....114(100%) _ . _.__ _. t(2%) 17(15%) 79(17%) 95(83%) EA 114(100%) ..,, 2(2%) 25(22%) 29(25%) 85(75% Total 226 'R) 1 4(2%) 42(18%) 48(21%) 1 180 - a40•Shopping Center Internal lips Total Trips 230 Residential 720- 710.General I External hips Condo minium/1ownlmuse Medical Office TOW DenialOfri.. Building Entry .to 300(9%) r0(1%) 25(1%) 365(11%) i 3031 Exit >>9_ii08 ) 261(8%) 27(1%) 17(1%) 305(9%) I 3090(91?, Tay I 6791(100%) I 561(8%) 67(1%) 42(3%) 670(10%) f 6121 (90% External Trips Specify the percentage of Pass-by Tips for each Land use The percentage will be rector ed from the total rumba of External Trips from the previous section To record any notes.click Add Notes above The V Kan preceding the Pass-by%v slue indicates data provided by ITE.Clicking the icon changes a custom Pass-by%value to data provided by ITE Land Use External Tdps Passby% Pass.by Trips Non-pass.by Trips 230.Residential CondonrniurWTmmhoure 1013 1I1% 0 1013 720.Medical•Dental Office Bmtdng 286 1=1'° 0 286 710-General Office Bottling 180 10 )% 0 180 821.1.Shopping Center 6121 15 918 6203 tarn • Trebilcock Consulting Solutions,PA Page 126 Tree Farm MPUD Amendment—TIA—July 2015 Period Setting e/ Data provided byITE ISpecify the independent Venable,Time Period.and Calculation Method to be used in the calculation of the number of Tnps generated in the analysis To record any notes,click• Add Notes above Project Name Tree Fenn-MPUD-Scenario B-lily 2015 Analysis Name M Pk Hr Land Use Independent Variable Size Time Period Method Entry Exit Total 230-Residential (-'----- Condemrnwmltowntause Dwelling Units 112 281 [Weekday,Peak Hour vJ Fig r it '') G Ln(T)=0.82Ln(X)•0 32 94 46 140 720-Medical-Dental - Ot6as Budding �10G0 Sq.Feet Gross v 10 free—iilWay,Peak Hour i lit Fit(LOG)O i Ln(T)=0.9Ln(X)•1 53 10 27 37 710 i General Ofice 1000 sg.Feet Gross 1-'-d: 10 [Weekday,P.M.Peak or 1Bast Ft(LM)Jxiva Building T•1 12(X)'78 45 15 75 99 820-Shopping 1.1000 SgqFFeet Gross v 100 [Weekday,Peak HOUr r [Best Fit ILOG)0 Center • Ln)T)=0.67[,X)+3"31 288 311 599 The-tin»periods Sc not mall'. Traffic Reductions Specify a percentage by which the Entry Trip and Exit Trip wdi be reduced for each Land Use INS reduction is applied to the Entry Trip and Exit Tnp from the previous serbon To record any notes,dick "Add Notes above Land Use Enty Reduction Adjusted Entry Exit Reduction Adjusted Exit 230-Residential Condominium/Townhouse 0 % 94 L"._..J'° 46 720-Medical-Dental Once BuWnp 10-1% 10 �% 27 /w\ 710-General Office Buldng RI-1% 15 Li'" 75 820-Shopping Center CF1% 288 J% 311 Internal Trips Specify the percentage of tnps that occur between me Land Use on the left and the Lend Use on the ngld.The table below displays the total number of tops that have been reduced from a particular Land Use The total number of Internal Trips for each Land Use will be deducted from the adjusted Entry Tnps and Exit Trips from the previous section To record any notes,click the ' icon above For recommended values see the JTE Handbook or tlr HPP atr'a 290-Residential Condonfinium■ ownhouse 720•Medical-Dental Office Building ' Exit 46 Demand E..4 _1% (0( 0 Balance4 Demand Entry (0_j% Entry Balanced Entry 94 DemandEnty C2__1% (2) i Demand Exit L2_vi% I 1 Exit 27 230-Residential CondoniniurnfTownhouse 710-General Office Building � , Exit 46 Darnane E<d t0 ive i6) Bala�ed Demand Entry i" Entry 4" Entry 94 Demand En Balanced 1_ Entry �2...-�44 (21 2 UemandExt [2e Exit 230-Residential CondomntunY7ownhouse 020-Shopping Center Exit 46 Demand Exit 115—_}% (24) 53130650 Demand Entry 19 (26) Entry Entry 94 Demand Entry 131 j% 129) Bared Demand Exd2 1% (37) Exit - 720•Medical-Dental Office Building 710•General Office Building ?7 Demand Exit 1.-. (Co balanced Demand Entry L6_-._. (I) Entry '5 Exit _ (-,_,..-..-l° n � Balanced Entry 10 Demand Entry i1) 1 DamandExd. 1-1-191, (1) Exit 75 Trebilcock Consulting Solutions,PA Page I 27 Tree Farm MPUD Amendment—TIA—July 2015 720-Medical-Dental Office Building 820-Shopping Center Exit 27 Demand E,.t "23 1% (6., Bad E'7 i Demand Entry % (6) Entry Balanced Entry 10 Demand Entry ;g/ % (3) ) Demand Exit 13 �1, (9) Exit IF Add Analysis l j l.:cpv An21.•_i,_! (ItSave oxalygl6'1 (CRrirt Prgview ) 710-General Office BuiMkig ♦ !!! 820-Shopping Center Exit 75 Demand Ext .23 19b (17) Baia xtl Demand Entry !` __Fe (6) Entr; Entry 15 Demand Entry 1 Pa (5) Balanced Demand Exit E1'_J (9) E,.1, 230-Residential CondomirdumITownhouse i Internal Trips Toth Trips 110-Ganeral 820- Externa�.Tnps 720-Medical-Dental 0TOa Building Office Shopping Total Building jy Caner Exit otay( 46(100%)0%1 _. _ 1(1%)_� -_0(%! I 53)5246) 561 0%) ..• BA)4%) E 94(100%I 1(I%) 2(2%) ) 720-Medic al-Dental Offic a Building Internal Tnps • Total Tripe 710-General 820- External Tnps 230-Residential Condominium/Tow.. Office Shopping Total Building Center Entry I 10(101%) 0(i%) 4(40%) 8(6044) Exit -7(100%) 1(4%) { 0(0 r6) ; 5(22%) 7(2e%) 20(74%) Total 37(100%) 1(3%) 1(3%) l 9(24%) 11(30%) l j 26(70%) 710.General Office Building _ Internal Trips _ Total Trips -� 2g-prald.n0.4 720- 1 - External Tnps Condominium/Ttwenhouse Mer&al- Shapptng Total Dental Mc.. Center 1 Entry 15(100%) _D{0%) 0(0%) 5(33%) I 5(33%) 1 10(67%) Exit 75(107%) 2(3%) 1(1%) 6(8%) I 9(12%) 66(88%) Total 30(100%) _ - 2(2%) 1(1%) 11(_ 12%) 14(16%) i 76(84%)._ 820-Shopping Center v_ Internal Trips Total Trips 230-Residential 720- 710-General External Tnps Condominium/Townhwae Medical- Office Tots! Dental 0111c.. Building Entry 288(101%) 24(8%) 6(2%) 6(2%) 36(13%) 1._. 252(87%) 1 4 Exit 311(100%) _ 29(9%) 3(1%) 5(2%) 37_(12%) I 274 te8%)_ Total 599(100%) 53(9%) 9(2%) 11(2%) 73(1296) , 526 (08%) External Trips Specify the percentage of Pass-by Tnps for eachlartd Use The percentage wd1 be reduced from the total nu c •r .,'t,:cri,, `-1i.. from the previous section To record any notes.click . Add Notes above The icon preceding the Past-by%value Indicates data provided by ITE Clocking the icon changes a custom Pass-by%value to data provided by(TE Land Use Extemal Trips Pes•-by% Pass-by Trips Non-pass-by Trips 230-Residential Condomrrxumnownnouse 84 (0 Os I) 04 720-Medical-Crertai Ofsoe Bold no 26 F.-Mt 0 26 710-General Office(:wilding 76 1p_, ,rate /2 76 820-Shopping Center 526 Q 125 ,, r?2 '/24 Trebilcock Consulting Solutions,PA Page 128 Tree Farm MPUD Amendment-TIA-July 2015 i Project Nine: Tree Farm-Residertia Equivalency No: Dab: 7/22/2015 city: StateProNncet ZipPostal Code Country[ Client Name Analyses Name: Edtrort ITE-TOM 9m Eamon Lank Use ,Sire _Delp. AMPk Nr PMMCIM Entry s Exit Entry ' .._.Exi _._ Entry Exit 210-SIngN-Famay Detach.d Housing 138 n/ 706 706 27 79 88 .,_ Recticton 0 0 i 0 0 0 0 Irxernar 0 0 0 0 0 0 Pass-by 0 0 0 0 0 0 Nonpassb^ j 706 706 27 79 88 52 230-ResMaaial CondomlmumiToanhouse¢281 di. 790 790 20 98 94 46 Reductun 0 0 0 0 0 0 Irternai 0 0 0 0 o 0 Pass-by 0 0 0 0 0 �. Nonpass-tx 790 790 20 98 Period Setting ,i Data provided by ITE Specify the Independent Venable,Tome Period,and Calculation Method to be used in the calculation of the number of Trips generated in the ariayos To record any notes,click - Add Notes above Project Name Tree Farm-Residential Equivalency �\ Analysis Name [Daly I Land Use Independent Variable Size Time Period Method Entry Exit Total 210-Single•Faintly �--� _ 1-111. � fa Detached Housing 1 D+welGng Urds SJ 138 Weekday —, 3 est Fl(LOG)[vj Ln(T)=0.92Ln(X)t 2 72 706 706 1412 Q.230•Residential __ _.�.... 1111__- 11r.1�1 eeffaa CondomniumlToamhouse ClorellingUrds 281 kVekday 1J BestFd(LOG)[ s Ln(T3=0 87Ln(X)t 2 46 790 780 1580 Period Setting V Data provided by ITE Specify the Independent Variable.Time Period.and Calculation Method to be used in the calculation of the number of Trips generated in the analysis To record any notes,click ' Add Notes above Project Name Tree Farm-Residential Equivalency Analysis Name itPR1 P6 iii • Land Use Independent Variable Size Time Period Method Entry Exit Total Q210-Single-Farnly `-_ ��y �,� t .:-h! is _. .=.i 138 Meek Jay,Peak Hour_l 1111.Best F t(LOb) el Detached Housing _-. 1111.. ,1111 ._ LnIT)=0.9Ln(X)•051 88 52 140 t.230-Residential E .. - r--- Conrbnaniumnowmhouse l IlingUnitz A 281 [Weekday,Peak Hour vj. (Best Fit(LOG)� i. Lnm=0 821n0+0 32 as a Trebilcock Consulting Solutions,PA Page 129 1 t 1 4 } -1....„ .� y ^'�a'1i` i 12 Y ` 1• ": 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,Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 n Project No.04AMF1030 TABLE OF CONTENTS Page Introduction 1 Environmental Data Authors 1 Vegetation Descriptions 2 Listed Species Survey 3 Native Vegetation Preservation 3 References 5 n i LIST OF TABLES Page Table 1. Native and Non-Native Habitat Types and Acreages 4 n 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 n iii 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 IV (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 fmal 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 (46.34+ 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. Army 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 (PAI) 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 Native Non-Native FLUCFCS Description Vegetation Vegetation Code 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. 4 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 5 EXHIBIT 1 PROJECT LOCATION MAP ❑ I P. arI LEE BLVD *� 5 o. KERI RD lika z rain v ?� -- + �-.. I PENSACOLA 1, IALUtRdSSE .MCKSDNY1LlE .:-+ Lfl'r ■ Wm PANAM'.5TV �\r' ALIBO RD Lt.0 Q 82 ..+� ila CJeNESVLLE ii :-;..t.,,,,, CORKSCREW RDn -YroNA BEACH •11.11 Y it 1i" T g3, u �i� TAMPA Mk • o eEACN -Iii—Frodr o1 �� OIL WELL RD gsg ,� s(]. SARASOTA LAKE PLACID` r 01 COLLIER: � • J I FORFMYER' N -•R LA UDERDALE cl RDALE i NAPL A�� / ❑ MIAMI Gulf i m n I W E if❑!I4Q X CQ O a • _, J• LLI .. 0;4 ''' ce V '„,,, Li, S KEYWEST k .Yo 4i y d Q'yT,� _ ;p ETERRY.ST =1 i, nX at a Eu, , ,,"`-`''''''Wy�Mt,77 ❑. ,., „1,,. , ..., . , 1 ,,, • „ .... , ..‘ v, ,FF Pi*. l ' z __ _. 'r,„1...... _ r? 1 ""T ONITA BEACH SE - r=te G ', �` >tH L tiI } Y tr 3 �P„A EpSA�Li1,A lx 1 m� s • O, ,r i t vi 4` ,;,1 i� 13 1I * NE ^- O 'vt ?--e: '4'.I ..'{ .HAmrG E,e�"4 ' #e. A I ETA �� _ ..47TH AVE NE r[ � TUSCANY RES >+ gUR MkRDr N1, 4 .y r ?mod s. ' r. (5. '--.Y/ ` 41ST AVE NW �,�,.-, .... .. '.''' '+'A•Lc/R'm:.... Z 1 .i-a -., 'RO M* -,> NE ,.., 2. ....., •11 .a ,j 'jJ r lj Os jA ,�O,P�� 11 ��...W 33RD AVE NW 3 v s�l'i,,,,,..„„...43 rt.JJ'‘-nn-C74,n,icl I I i.,,,,.. L+i RRY _ ., �� EN ADAAVE y + r / �, . \ _ ; S'!' m a ,� '. ' I O POND APPLE DR S (1 0 ;�� - "'4- ``er..W 1�� ,... .--1.0.1,., = 2g} O , t{ CYPRESS '�” DELASO 01If e '4•1 i `�/ m•'as , � N +- �. Wq Y .c ?°E <,C N. `1: �> ❑ 1133 -... J n y o ,IKI G,w rr m � �a�� ,� ��. ��°1�. �� ' �� b� '�",.� 3 �N�",m t_a. � �_ r WAY MENTOR'DR, ';" S A- 1� - .:_/ ❑ 1E 5 x.51 M ;r° ... }►a& I y .� �E yE'L - I k �� `''�" ,preFt A 1- s she ., ,.. ,:,Q EXIT:. f i1 ''' `�� 7��I -immoK L - 'i..; PIPER BLVD - ° O -L 111�AUTUMN�OAKS LTN 'i -.I�MMO KA LEE=RD HAVE NW '24TH AVE N: R i �' . I „„ PROJECT LOCATION YP '. 1 : d �t,a: . O M'"";:2 I "t st, TS � 1.... .1'� �()�� x � O ' 1t� a; i IrcF em +,3 + m L w� 1 a <_ �e ".: '7* SEC 22,TWP 48 S,RNG 26 E �6 s 1 , Ri 12 t,•- [- - hr 14,3-1,'"1..E) t ?i -� '4, J it 6!1 ."O aQ31 HAVEN � .zw p NOTTIN � G L.:' �� I�' '�� _'��J 3 El+g.��o A '''''*!3 f,.'� , tp c,'=. z -_,.RAM OR ' 4\ s ISLAM t'.r' < ,,,llFI`d �'f 16TH AVE NW ,tf��h m DD yy gY s�Z:„ := v 't Y s" :9 0��.- ,, t-F3 .;. tf!n *.`•i:•., 6 i.. Y 3,1 o +gyp r '' 41 4-i-'--=4-011''' a at91 " }O< - s p SHADY LN. -.T Y H � O r 0 ., \ �- Gt@KA �'f- r � Jr ' 12TH AVE NW + :12TH AVE N. yix z 7t �,rYZF� g� p�� K t C' C, 1 .w- -' / r� 1 ,r •,1. :Y, p❑ Z 7 \'� #,O ;.4-4.t w�*%,gp�p�g••`g(((( - t - t m� { } .. � .17'TH AV- °�a n .,"Ort o f . �' C11-17-` r< i siy,N�11.4 • �� ` I� f1 a: _ s� k Z;�rry.t Oy ! '- fir` VA ND E RBILI•VACLH RD � r. r;z 7 Z 3 `r, .--,'P . Z k-, r� ,.F-�_D_ *ri. r »b `R P �„ °I z z r z z z L �y r ice Z rz F,- t t w ` r " s� ._ e5TH AVE NW _f 'M 0 cn F -. F .,.� w' 'a,W t R �z 2 ` Chi- '1P 2 ',"— , :2 ,s F 4r.- I = ~, ,' I 'i'�,��cq � 4�ILe. ,.LL I, .i. %. avlk x rf•� �,1 i ( 3RD AVE NW ,n N r W.'' F - Ln _ a {. ��^. q. � fr"' , DANIELS RD•' .�IL {• _ r n. o Le' ,ta a ,,ELF t'i .. '�•= 1ST AVE NW M h.""t' + , I < .1A s ' � '1 Y I I y ...��GOLD EN GATE BLVD W -I I tl ' S x ,.• 7 t :_ _. t . .�a .. isTAVLSW °'' :,F� r. d',..., F � '��,t'��'� I 7 ' Cts<r.�.,} � i��F �N. � �1:`«QJ _.- , , '.F 1...�3 F... rP �� ,~// � F N I ;17; . NFI y�, 5.: :�I 0 -, STH AVE SW ;n2,,, rr 'cfl;- N .,.{_.�I,ut ,'x N F ' x x. kit 4 -< v~il ,i _. - .01� '+. ,. P - §d 'r I } ~ I �r, F I- L m y - n I �:. 9 d V r /. ' i� n N 7, f`°e J==� ,cl � • s t EXIT t ;§ &i` .s � I ¢j• n:'.. } ( _ 1 107Ia �d F ' PINEt RIDGE RD x WHI-17'1 ��y« r I=',.i.>� "':. ' ;u DRAWA BY DATE F.L. 5/9/14 EXHIBIT 1.PROJECT LOCATION MAP REIEWEDDY DATE PASSARELLA o TREE FARM PUD I 5/9/14Un & ASSOCIATES 4 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 Plant 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 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. • 21st 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 � • !� A • sem. _ r 1 _,3 ��#1y1 - •fix+ i .-'. 1y 4. /f's"a'n_r ,tir7 _ tr / � �� /' B as U -e,.4**, 1 „z.:ti� � •T % ( 1 SCALE:1"-300' :.5�r4s f" .---4* . . '44::: -,;,,,,.'IA' ;4417040:14'w - '''''.-- ! ; '# RY ,11,{. ''Z is Pi7„y �f._' 7 . .G" /10' PI *N-1;01' , LEGEND. J I -i ♦ j7. .''. :s FE, SURFACE RATERS' ai,. ! 'Yk r iot o�O4 SIN' � r �.' f#`. j/ 01s AD, Ce ' .4 i s � O ;::*'44* . °�� x�.." � ( a3,��d' f. ami 1, ViAt x" EtS " I..,14" FLUCFCS } { l'.} "tY y• CODE DESDE PTION AOAFJIDE TOTAL ''';:;7..., , .,yy ,� �.., b S` 241 TREE NURSERY 46.34 Aax 81.6% w 7♦<ar v 1„�,r•7 ,5'10,� ) �. ^/ 4119E4 PINE FLATWCXX).4.D19TWBED Q&100%EXOTI B) 0.MA'_ 0.8% T�,A•*Ali:,� . r :J,1 514 AGRICI.R TURAL O4TCH t.15 Aax 23% ;.,V < '{'�,(a"'x•A t' ‘;`,,`•' t Ni 747 BERM 2.B2 An. 5.8% - '-' - �+.„s »`4,'- TOTAL w.ea A..: faaac 'atirai#1'''.00C•-='''''' 1 7.Z#V.:. ::tk. A Mr `"";a `•v �` r I 4T v ot !' �B�.. Y 11�I af, II,Z.:',1);";:-.z..,'-\-0:' y N l`F '''', I. ', 1. 4 :7,.. „....„, --,,,,,,,,,,... . ,e 4 ,i i . - �� a ti t-tb'31� 4. .,�14 Avti'l',,,i,4 =^Ar , .six °... -3 t, 7.'I � � it •, !" -*x +r k .? .�,,yy-�s _ '111 �'l ;riesi4 1 « J - 1,7,MaE�� NOTES L ''"•. : {1,�}x,444..•k IIN - 1 AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE ' '-r. y„.'.',5A4• R »' #r - _ . COLLIER COl1NTV PROPERTY APPRAISER'S OFFICE WITH " '�_'I, r �`"•• 47.... .H ;ti Z. B A FLIGHT DATE OF DECEMBER 2013. B M'r7 sµ,- 3r t s, 4 s PROPERTY BOUNDARY PER STANTEC CONSULTING.INC. Y lay 4, 4 h .R {•�I # � - a r . - 4 DRAWING No.215612121-OIC-DBOIBETHW1Y.DIS. WG DATED •L• 1♦ i '/' - SEPTEMBER 24,2014. € ,.�y� �yy + +��'+sn.4.+�'«��Y��• 't �- �� s � � FLUCFCS LINES ESTIMATED FROM 1'•200'AERIAL '4",",:i,r sC•° " 4 2 i.. PHOTOGRAPHS AND LOCATIONS APPROXIMATED. ' a #,., 5'+,.�+w: �'F � °- FLUCFCS PER FLORIDA LAND USE,COVER AND FORMS •-•» - / CLASSIFICATION SYSTEM(FLUCFCS)(FDOT 1999). y•-.K•; . _ " �-J'•.r' "" UPLAND/WETLAND LIMITS WERE APPROVED BY THE '' - E•�• * - _ SFWMD ON JUNE I.2012 AND TIE COE ON JULY I7,2012. y /, -- IMMOKALEE RD(SR-B46)- / a M K « (�♦� , wDPw9M BT TDn'n'.•4+• .�^ir 1 !A DR...na Q D.B. 9/2/14 13620 Metropolis Avenue Suite 200 TREE FARM PUD 04AMF1030 �' BBnar 9/2/14 Fon MYers,Florid a 33912 ASSARELLA sxt�tx�. a Bt„stp Phone(239)2740067 �`v" ASSOCIATES$ AERIAL WITH FLUCFCS MAP F.L. 10/23/14 Fax(239)2740069 EXHIBIT 3 EXHIBIT 4 LISTED SPECIES SURVEY TREE FARM PUD 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 n ary ( ) grated 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 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). 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. U.S. Fish and Wildlife Service. 1987. 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I ,- ....,.P cr,s ° fie .',: `r _..•Oil, 11 fF.-sn° t ts+T P Tt.'` r 1 4 f� i{� •t LEGEND 1. o,-y I♦. 4 t "' A yy. y �'+r •�b� � S w`.iT 0 ' '' • APPROXIMATE LOCATION OF• ".-11‘401%,,,t, 3'..;e•`�y�� J.*1Y� M lyy �i '*;•••' r, O [ � �—• �._ -._ WALKED TRANSECTS• : • Yt}'Y i- 4� j� • � 4"'\.1: ��,I - i NOTES . • r '(' •1 4 �'i{ t {..,rv,iI C:,,► /l ,. 1(::k4)). `p AERIAL PHOTOGRAPHS WERE ACQUIRED - r' 4 .% j U. A d THROUGH THE COLLIER COUNTY PROPERTY �,:- , -�,j/ Y'x `. `"-C ,x � ,9'; T �, f 1, APPRAISER'S OFFICE WITH A FLIGHT 0 .i. J,•^-' !� DATE OF DECEMBER 2013. �� t t ' ! r r` ` PROPERTY BOUNDARIES ESTIMATED FROM t"" ` W f si. r ' } i THE COLLIER COUNTY PROPERTY APPRAISER'S C 'i xa GIS WEBSITE. Dare DRAWING n. F.L. 5/9/14 1362oMscat,VOpolis^,�"°. TREE FARM PUD 04 xREVI REVIEWED BY Da,� 2� PASSARELLA AMF1D30 S.L. 5/9/14 Fort Myers,Florida 33912 x�-rw. e ae0 Da,E Phone(239)2740067 ,.:' ASSOCIATES AERIAL WITH SURVEYTRANSECTS Fax(239)2740069 FIGURE 5 n EXHIBIT 5 NATIVE VEGETATION MAP 747 I 514 (1.08 Ac.±) (0.39 Ac.±) SCALE:P'=400' 241 (16.29 Ac.±) 514 4119E4 4119E4 (0.05 Ac.±) (0.15 Ac.t) \ (0.13 Ac.±) r R.O.W. EASEMENT P/L P/L 241 (30.05 Ac.t) 747 (0.76 Ac.±) 747 LEGEND: (0.98 Ac.±) NATIVE VEGETATION (0.28 AC.t) _ NON-NATIVE VEGETATION ( (50.31 AC.t) 514 (0.15 Ac.t) NOTES: 514 x(0.56 Ac.t) PROPERTY BOUNDARY PER STANTEC CONSULTING,INC. DRAWING No.215612121-01C-DBOIBETHANY.DWG DATED SEPTEMBER 24,2014. FLUCFCS LINES ESTIMATED FROM 1-.200'AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE,COVER AND FORMS CLASSIFICATION SYSTEM(FLUCFCS)(FOOT 1999). 2 DRAWN BY DATE D.B. EXHIBIT 5.NATIVE VEGETATION MAP RD.B.°B 9/2/14 DATE PASSARELLA TREE FARM PUD B.B. 9/2/14 REVISED DA fE - & ASSOCIATES F.L. 10/23/14 EXHIBIT 6 COLLIER COUNTY COMPLIANCE AGREEMENT 3640632 011: 3823 PG: 1809 RECORDED in OFFICIAL EECOEDS Of COLLIIE COUNTY, !L 06/16/2005 at 12:0111 DNIGHT E. BROCE, CLERE "" Prepared by: EEC FEE 69.50 Jennifer A.Belpedio Re to: Assistant County Attorney COUNTY ATTORNEY 2800 North Horseshoe Dr INTEROFFICE Suite 300 Naples,FL 34104 ATM JENEIPER A BELPEDIO COMPLIANCE AGREEMENT This Compliance Agreement("Agreement") is entered into and made on this '" day of iUoo5, by and between Collier County (the "County") and the Tree Farm Land Trust, rust, ("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. Hains, 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 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 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 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 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 plan/revegation 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. 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. 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 4 cr, •wgt ALoomk£) ' Printed Name of Witness Timothy G.Hairs,Trustee of Tree Farm Land Trust J1� ' !2 k Printed Name of Witness STATE OF FLORIDA COUNTY OF eo..L.t ER— BEFORE ME,the undersigned notary public,personally appeared 77i'1077Y}/ gAIA 5 , as —reULT ' 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 hang and official seal. .7,,a/0-11/.1e44_ NOT of Y PUBLIC, STATE OF FLORIDA L zAdde HeidA 40 O (Print Name) My Commission Expires: (SEAL) sugAHOWND w cowissow f CO 254804 EXPEafs:t V 6,2001 eawanw Nllde UndM,�..s vir - i 40► 5 of6 OR: 3823 PG: 1814 COLLIER COUNTY, FLORIDA BY: dilf ''ll'"4/' AMES V.MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: Jennifer A. Bel 'o Assistant County Attorney STATE OF FLfl��- A� �' � �,,, COUNTY OF RE ME, the '•-r '141 -• n. . • •lic,personally appear a /� • _B F , as t 1 0 of COLLIER COUNTY,who is personally known to me or who produced : as identification, and acknow edge a (-We—executed the same on behalf of COLLIER COUNTY and that(s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto se - . d and official sea . NOTARY PUBLIC, ATE OF FLORIDA OVIdtwirc rint Name) My Commission Expires: (SEAL) r ra •. A MY COMMISSION I oo 021832 !`' saE nwRES: ay 4.2005 +mow nao Wow** 6 of 6 OR: 3823 PG: 1815 PASSARELLA AND ASSOCIATES,INC. Consulting Ecologists 9110 College Pointe Court rf Fort Myers,FL 33919 Phone(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 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 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 1.13± 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 Classification System. Procedure No.550-010-001-a. 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United States Department of the Interior ` 'r� Iay FISH AND WILDLIFE SERVICE t--_,,, ...‘,74,. .r• South Florida Ecological Services Office `� + %RC�$hq 1339 20`h Street Vero Beach,Florida 32960 November 6, 2014 Max Minhas Landquest Group, LLC 5150 Tamiami Trail North, Suite 401 Newgate Tower Naples, Florida 34103 Service CPA Code: 2014-CPA-0284 Date Received: July 31,2014 Project: Tree Farm PUD Property Owner: Landquest Group, LLC County: Collier Dear Mr. Minhas: Thank you for your July 29, 2014,request to the U.S. Fish and Wildlife Service (Service)for technical assistance pursuant to section 10 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq)concerning the above referenced project. PROJECT DESCRIPTION Landquest Group,LLC, is proposing to convert a former tree nursery to a mixed-use residential/commercial development. No jurisdictional wetland impacts are proposed for the project. The project area totals 50.25 acres and is comprised of 45.77 acres of former tree nursery, 1.15 acres of agricultural ditches,2.37 acres of barren/disturbed land,0.65 acres of disturbed pine flatwood,and 0.31 acres of existing road. The project site is located at the northwest corner of the intersection of Immokalee Road(County Road 846)and Broken Back Road in Section 22,Township 48 South,Range 26 East, Collier County,Florida(Figure 1). THREATENED AND ENDANGERED SPECIES Florida panther The project site is located near the western boundary of the Service's Florida panther(Puma concolor coryi)primary zone as defined by Kautz et al. (2006) (Figure 2). The project does not contain known dispersal or connection corridors(Kautz et al. 2006) for panthers to access significant tracts of panther habitat or publicly owned managed lands, and is on the edge of the urban boundary. 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 TX10lare 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(PAl), 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) II, 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 II have an associated wood stork forage biomass value of 0.0135 kilograms. The proposed purchase of 562 PHUs at FPCB II 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 PAI 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 FBB. 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, Yeed_zie_ �Dv 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. Kasbohrn, 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. Max Minhas Page 5 Figure 1. Location of Tree Farm PUD Project. ilotoo Lk 1 y�r-'2' ...>,ts:,-:a,�,u) I t Q.:-�-~ r , i A , I 1,1a1 1 Gulf of .. rk.,,,wa..., I »r" 1 ip {K 1f7 ')F ' ; t z ; f �s 4 fix, r`. T )., i _' { 1 „ 4 F ,t w� ~ -w, tt ,,tilik,w v i {* s7 ,,.' 3s�•z, t.4' r'# ,- ,i .7,.:: t- r �+•. ./ "i7' •` 1s. fi '-z �s r7 +,. r mod' .,, ,'T "'1 rT ' r� "s PROJECT"U)CATIC)3V .t t7 , F'4� t: P. ` ,,:. F r,—,F F, , �Q+}�b :* , .- 4. .�. SEC zz,TwP+8 s,wsc e Rr'i x .y4 .3 P ,_ - c�E•= t..w 1 lip �{�� {` s—. .6i - 01 `rq '- 4 S li I 1}i =: �K t „�,_. .s_,my,t sOr Yt � 'SPnn*t a- '" r a1uu t `• 7i r' •�-c. s p C. - 'II.' `t iW +I d - g. e,,,. I(.,rM I.PROJECT LC)C`ATIC)N MAP 1 L S'4'ti I .,, ►Pf� sA�:� �.�A I LATENT I'UO . �,"<, I, Max Minhas Page 6 i it r > • -.... - ? . k, . , . . • , . ,, ,,.... � * . 1 ,,)' :`A t 1. t+ a -1 t t all Tree Farm PUD Site 4 3 Panther Focus Area + ' -- Zone Primary Zone Q Secondary Zone � tt. 4 c n= .w • - c •; r . ___. .e ' a r �i Dispersal Zone } , -t , Primary Dispersal/ExpansionArea :!....,44,1i-l ', i c j Dispersal Pathways r 2S ,t -� i, Figure 2. Tree Farm PUD Site and Panther Focus Area. Max Minhas Page 7 Table 1. Tree Farm PUD- Panther Habitat Assessment PROJECT WORKSHEET Habitat • of tar ic U ik`-lrreiu•-• Habitat I . of Is J after develd. -nt -nmary • 'nary Equivalent Equivalent t curled Secondary Other Habitat Sr. Cher Habitat IIu/>itn!I; Zone Zone Units - :ono Units Pine forest ti 5 0 08 1 0 Hardwood-Pine 9 3 0 0 Cypress swamp 9 2 0 0 hardwood swamp 9 2 0 0 Hardwood Forest 9 0 0 Dry prairie 8 3 D 0 CONTINUE Unimproved pasture 5 7 0 0 Shrub swamp/brush 5 5 0 0 Improved pasture 5 2 0 0 Cropland 4 8 0 0 Orchards/groves 4 7 45 77 215 0 CLEAR SHEET Marsh/wet prairie 4 7 0 0 Xenc scrub 4 5 0 0 Exotic/Nuisance plaits 3 0 57 2 0 COMPENSATION Coastal wetlands 3 0 0 REQUIRED Barren/Disturbed bites 3 2 37 7 0 Nate, 0 115 0 0 562 -rt<nn 0 0 31 0 0 Habitat Units Fie:-f.'1•alc.• 0 0 b7:," 0 0 50 25 (1."` 000 224 70 0 00 .r,..n'., 000 0 00 ton ttrq REPORT OF PHASE I ENVIRONMENTAL SITE ASSESSMENT UPDATE r FORMER TREE FARM NAPLES,COLLIER COUNTY,FLORIDA Prepared For: TREE FARM LAND TRUST Eg NAPLES,FLORIDA Prepared By: MACTEC ENGINEERING AND CONSULTING,INC„ NAPLES,FLORIDA SEPTEMBER 23,2004 MACTEC PROJECT 6787-04-4114 MACTEC R Former Tree Farm September 23,2004 '"'4 MACTEC Project 6787-04-4114 I L 1.0 EXECUTIVE SUMMARY FORMER TREE FARM 1 Naples,Collier County,Florida MACTEC completed an update to a Phase I Environmental Site Assessment. The work was VA.! conducted in accordance with MACTEC Proposal MIAM-04-537 Rev. I dated August 27, 2004, ..J authorized by Mr. Donald R. Schrotenboer on August 27, 2004, The subject site consists of a former tree farm on the northwest corner of the intersection of Immokalee Road and Collier —1 Boulevard(Route 951)., i Regulatory Update 7 • The subject 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).. 7 • Updated inquiries with the Collier County Pollution Control Department did not ali reveal documented pollution complaints or oil/gas exploration for the property or adjoining areas since the previous assessment.. Site Observations 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 -1 environmental conditions in connection with the subject site, No further assessment is recommended in regards to petroleum products or hazardous substances. 7 However, MACTEC recommends the observed septic tank should be properly abandoned in j 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.. j j I 4 1-1 t- ti r Former Tree Farm September 23,2004 MACTEC Project 6787-04-4114 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 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 Site 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 time (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 June 4, 2002 and no further assessment was recommended.. In 1998, prior to the above activities, ECTS also performed a Phase I assessment, following by -► limited soil and ground water testing..No contamination was identified by ECTS.. ... 2-1 r Former Tree Farm September 23,2004 MACTEC Project 6787-04-4114 2.2 PROCEDURES The revious Phase I Environmental Site Assessment was P 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 ma y changed ed since the g previous assessment.The following services were provided for the update: • 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 j environmental regulatory agencies to determine if the subject site and nearby property is included on any of the following lists: - 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 +-1 • 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 1 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 MAC1 EC Project 6787-044114 ice.. If this assessment included a review of documents prepared by others it must be recognized that 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. ASTM E 1527-00 defines a"recognized environmental condition"as: "-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 properly 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 minimis 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," I J j j J 2-3 I Former Thee Fann September 23, 2004 \i4 MACI EC Project 6787-04-4114 3.0 SITE SETTING 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„ 3-1 former Tree Farm IIIACTEC Project 678704-4114 September 23,2004 4.0 REGULATORY INFORMATION pt'T9 The regulatory records search is based on information published by county, state and federal 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 impact. Please note that regulatory listings include only those sites that are known to the regulatory agencies at the time of publication to be 1)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 approximate quarterly basis),have been reviewed for the purposes of this Phase I Environmental Site Assessment as outlined by ASTM E1527, division 7,2,1 1., The attached EDM report should be consulted for agency list dates and definitions, • U.S..Environmental Protection Agency g y(EPA)National Priorities List(NPL). • USEPA Comprehensive Environmental Response, Compensation and Liability Information System List(CERCLIS). • USEPA No Further Remedial Action Planned(NFRAP)List. ays • USEPA Toxic Release Inventory System List('I'RI'S), • USEPA Facility Index System List(FINDS) • USEPA Resource Conservation and Recovery Information System(RCRIS). • USEPA RCRIS Handlers with Corrective Action(CORRACTS). • USEPA Emergency Response Notification System List(ERNS). • Florida Department 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 6787-04-4114 • Florida Dry Cleaners List(DRY), 4.1 SUBJECT SITE The subject property was not listed in the EDM report. 4.2 OFF-SITE FACILITIES There were no off-site facilities identified within the referenced search distances, which met or exceeded those recommended by ASTM.. 1 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 (previously known 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, 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. I 4-2 I Former Tree Farm .September 23,2004 -:—. MACTEC Project 6787-044114 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 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. 1 The site is composed of three parcels and contains a vacant tree farm/nursery approximately 60 ..iacres 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. 1 The pole barn with dirt floor, observed previously, was present on the north end of the two south T 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 I I 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 1 tanks were observed on the site. 1 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 1 regulatory lists as currently or previously having registered tanks. 5-1 I r Former Tree Farm September 23,2004 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 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 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 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 septic tank should be properly abandoned,if it will not be used. 5.1.5 Electrical Transformers a 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 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 face 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 -9, Former Tree Farm September 23,2004 i-� Mt1 CTEC 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 hydroseeding.. 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 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 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.. I J 5-3 I Former Tree Farm MAL[ECProject 6787-044114 September 23,2004 6.0 CONCLUSIONS MACTTEC 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 practice are described in the appropriate sections of this report. Based on the data collected during the 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, 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. I 1 _.i j I I G--1 Former Tree Farm September 23,2004 MACTEC Project 678744.4114 1 1 1 1-, APPENDIX A FIGURES I Former Tree Farm September 2.3,2004 MACTEC Project 6787-04-4114 I APPENDIX B �\ PHOTOGRAPHS 9 I 1 J . 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T ] Approximate North Reference:Microsoft Mop Point ____//'-i''' ACTEC FIGURE 1 j ....,1-, M ..,,,,,, _-- COLLIER CRO'UNTREEIY,F RARMORIDA MACT EC .-..• PROJECT:6787-04-4114 3627 Progress A SHE LOCATION Naples,Florida 34104 .1 Former Tree Farm Photographs Taken Septeniberl3,2004 MACTECPmject 6787-04 4114 S wo-fr t 3r.} o 1 k' •.j& J f� x�' k r Photograph 1 . v Looking north over the '� N , ,: • Y� 2 x3� .` north part of'the site S P Y .v rnY $t' ^. t t v j i Y ` PA: aY.fit P4 < kiy' ti,, '° `3 t Aj�'Yr t)r qti4y ' bn�.a ', , t'tS•i it ykit ufl`t> ' ' .� e tt $Vi ?` fre' i.a. "wnw }� #wry i, i Photograph 2 •ss, ,�.r s �• GY Y s-�3tst yisw�'X _as.' r 2' �� 3 g5' w.r'$'.wF �'' i , :M r, '2�`*�c '4' 4 '• -�y"�KµT= s�. Looking north over the ry a in'', 4' �:r `' + t south part of the site. . }, -7‘;.."'";•=''',;;4•'-':;-•'.':'-':.;.i:. '" °'°s Unused irrigation well and 4��' qtr•<+ �▪ �k-V - ,,;:e41, ,R'��'-�inr ,�.� mss ":�,.,.Y•,s��$` �f{ slab in the foreground.•''.::%:,.' `' ', - ti �Ea ''x j � � i ? �Y 'a qr = 5v �y�� "�r < • i a- 4, k•hr - � « i �f � 3; »k � t°?C. � om. .�' r 'A$44-4.44.* �� •_s�... .4 J'A rZ F �`5 -i + it�F t` �'�s� c _ j o {{� s• .• 1 a��„. .E x r d o� t A {- ,. -4,-.'. r \ j ' '' Photo h 3 ` �' + I�, �� , SAP tll t� ,i :' a i a,� r'� r i` r r 'S Looking south along the r-m M > west property boundary. +,.e,' :—... ,' ::▪ .•C .pe t U y-f m st� td� ar, A C 1 -. . s''. .,-,-..--,I.K....;:%f.,,,v,...17:6'(.,;.,,.:,.;:ltb,Ann: '-- ','.--' I Former Tree Farm MACTECProject 6787-04-4114 Photographs Taken September13,2004 J .' k 6 < rye> - 1 xS -4* " .<, Photograph 4 F t F., �', �*" ,+ '` ' ;. Pauly collapsed pole barn s L- t t t _ r i � q- ..At 7 , - 1''St ,,'-zA 1_.»{c 4.irC., j$ -.. . v-a 0. -A5,- a v. � m� r �, � s 5 �Z � h t ' ✓ 1' ,r'mss # 'a - k- : ,y', -,—,,,,,,..,*„1.,, u , ,r 1 y � u E�� - y , X ^ L t zt 3 s�y X 3 a a,. : t :: Photograp h h 5`l '`, e A R � , „y ,y ht x ms "r ,r-I � % 'w.'t fi t . x3 - k f)• and i -Y � Fz '&4 ^ f ` Y .A... ' i Empty drum(lef r Y� ' �ti ,.'.14-4:Ana*.3 �'2 , a "� , -v x{ � abandoned appliance c � �� r � Y � , "s .1,--`n oY'--w.� w E. t _:fir - „ center N ;` , " , ,ir�. � y z �,�, z �, F: � e ^a f ; 3� `. - r a f rr JM .z ., i1' �„ r V441 y t }c � ,Z iy r`r 'ti t , x ', ,� * r t J _ s v. • .'S, S RSV ' ` � [ a +A 5 ! i ` '4 ,�•• ✓•� °r �-, r,.d 4:t ''.41 ter”' f - "ate`Ja•t . yf< 1rs: �u '`y,dt81 w ,t'Y 'z/.. -LJ f Y ) �E n° a E `1:., ' �' ryg ti� _: ` t '� �"a' -" .tt�9 'ty"'e z Yy l.' 1 ,L' ' O 1 �4 ,_:_,,,'e''''47..."--t- a. , <ie +t�- ' tv'''-, .1. .. - t Gk' s..„4.0„..le., 0-,-,41;L%4/,',,, ��• A' \° , - ` . ,. .. Photograph 6 Kr .• >. �® s I Septic tank west of the ,tc "'N n< Foie barn near former --`,.�. . r ' ' mobile home site to c A: Y��1 'n �y - ^i Former Tree Farm September 23,2004 MACTEC Project 6787-044114 :411 • • • • • APPENDIX C EDM REPORT • JIM PI 0 UNIVERSAL LOCATIONS: ENGINEERING SCIENCES • Atlanta Consultants In:Geotechnical Engineering• • Fort Environmental Sciences •• o rt t Ma Beach 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(Headquarters) LandLandquest Group • Palm namacit q P • Paama city 9105 Corsea Del Fontana Way. • Pensacola • Rockledge Naples, FL 34109 • Sarasota • 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 ED UNIVERSAL ENGINEERING SCIENCES 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 B-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, — UNIVERSAL ENGINEERING SCIENCES unni„o Matthew A. H. ;�ttt� C � Staff Engin:.5i•k.•'' F rig p Z 1,-*tip TF Michael a -' A"' '/ Senior Geo I, 3�;'!DA••^.\.�-\\\� Florida License? 1.1t'.1 tIit• 3 cc-addressee(email:greg @landquestgroup.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.Un iversalEn gineerin g.co m C 01'1' Exhibit D • AV'' Final Compliance Agreement COLLIER COUNTY oa,` °UNI 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. Hains 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. Hains, 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, Jennifer A elpedio Assistant County Attorney JAB/tlk Cc: David C. Weigel, County Attorney 3640632 OR: 3823 PG: 1809 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/16/2005 at 12:01PM DWIGHT E. MCI, CLERK Prepared by: RIC FEE 119.50 Jennifer A.Belpedio RetD: Assistant County Attorney COUNTY ATTORNEY 2800 North Horseshoe Dr INTEROFFICE Suite 300 Naples,FL 34104 AiTN; JENNIFER A 1311L11010 COMPLIANCE AGREEMENT This Compliance Agreement("Agreement") is entered into and made on this ''day of it- 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 PropertlC r q A ber 00187240000. ' )� � y ' L ,7 RECITALS \ WHEREAS, on July/ 16 211',, ..my al -ged t t vegetation removal violations (Code Enforcement Case N m.:r . 1 1. 17 ) IP t or I. aced at the northwest comer of the intersection of Imm. .i.- Road and Collie"1c oul..var�� . ,d identified by the Property Appraiser as Folio Number 00 :..-1III ("Subject Pro•- • ' ;;.. d \P ` IC WHEREAS, the Parties ac'1. 4p ,' . ,,- arm Land Trust, and Timothy G. Hains, 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 intends to acquire a 100-foot wide strip of land extending the entire length of the eastern boundary of the Subject Property for the pu ses of a right-of-way expansion of Collier Boulevard; and �j (Y WHEREAS, the vast ajo�'t • 1.e 1.13 acres of ege tion that was cleared without authorization is located wit i n '. • . • •: - + d Or the County Transportation (-"N 0 D epartment; and '1 ,t) WHEREAS, Code a .. : ement staff, Counn Atto + taff, and the Environmental Services staff met to discuss R ' ' • ••osal and other • actions that may be taken by the Trust to resolve the issue; and ' E c'1-%(- 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 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 in its request; ti I C,0LTx /'�P 1:it-'' 4. The Trust agre s t • . ' lay the Count n equired after the fact clearing fees for any area cleared wi ou -. :'1V' . , 1 i 5. The Trust a ee h t • - is -1.1 ,_rant uti t )rezone expires because of a failure to improve the proper, an the Trust will s mi a o ilete and sufficient mitigation plan/revegation plan and any o r uired application Vf County along with the required fees no later than the date of expiratio . Cifitt 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 R agreements and understandings .�-i . it tire agreement between Respondent Trust and the County and th f no agreements exist, ■ral'Qr written, between the Parties relating to any matters cove d ll "e e att r whatsoever. 10. The Parties ed;• +: the` t qLf cts, additional and different or contrary to the facts whic 0 believe to exist, m. .no eft r may be discovered after this Agreement has been entered, an ttN ies agree that additional, different or contrary facts shall in no way limit, waive,affect-Wlie'rtEliils ent. 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 t / Printed Name of Witness Timothy G. Hairs,Trustee of Tree Farm Land Trust IQ . • ohaw Ile' Ivi()I Printed Name of Witness STATE OF FLORIDA COUNTY OF eO L-C,.l E2. - R CO('`� BEFORE ME,the and- ,.i notary public,perso . peared 7Ti�/OJ'1"/ f I4i, t$ ,as - ___ Ar, o 1 • :E FARM LAND TRUST who is ersonall known to e . m� .r ..1.1„ T as identification, and acknowl ge+ t(s b gm '*''o be alf of TREE FARM LAND TRUST and that(s)he was . s,;_,.'. .. . . . ; �� IN WITNESS WHE' ,'ruin, I hereunto set my t'-�' _ . d ial seal. `Ol_1- ll PUBLIC, STATE OF FLORIDA � ∎_ uz^A/de tioubt R.f) (Print Name) My Commission Expires: (SEAL) SUZANNE HOWARD j 4310 MY COMMON/DD254004 EXPIRE&Now*6,2007 5 of 6 OR: 3823 PG: 1814 COLLIER COUNTY,FLORIDA BY: AMES V. MUDD, COUNTY MANAGER Approved as to form and legal sufficiency: Jennifer l -o Assistant County Attorney STATE OF FLO , I I�� COUNTY OF RCOL/ n ^ B F RE ME the -r ' -, �, •hc, • '� • appearej t/� AW V • ,as of COLLIE' ' • b( ,who is personally known to me or who produced ident icaf•n,and acknowledged Ear (s)he executed the same on b-ha of • IE' 0 1.1 Y an• th. (s)he was duly authorized to do so. P� � IN WITNESS WHE I ^:'l �►. , • eal sea N i"`i ' :LIC, _ ATE OF FLORIDA t Name) My Commission Expires: (SEAL) , ru +A'COIAMISSION,DD 03BB09 817RE:tMy4,2006 6 of 6 OR: 3823 PG: 1815 S PASSARELLA AND ASSOCIATES,INC. Consulting Ecologists 9110 College Pointe Court Fort Myers,FL 33919 ,/ Phone(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 pro. •• • �"j, -d using 2003 rectified Collier County Property Appraiser's color aerials t* - i: .4i,. 1 dtruthing to map the vegetative communities was conducted on ' +; • 18, 2004 uti •a•": :: Florida Land Use, Cover and Forms Classification System ►3 Level III. Le. 1 FLUCFCS was utilized to denote exotic species disturb. ,ce./Au :'- .a 1 ersio• .104)s. ' • e was used to determine the acreage of each mapping are p •• .•- •.-. the FLUCFCS map (Figure 1). A total of 11 vegetative assn'iati'. an : -IP `` U, IS c des)were identified on the _ property. Of the 1 1, only tw•• . .•u s•.. ,• • S:.llier t o' . •• ve vegetation communities. Those areas are the Pine Fla •• 1111 .e. Exo 25 •'•/o J" ' CFCS Code 4119 E2) and Pine Flatwoods,Disturbed,E •■ t 50-75%(FLUCF `_o.a • Vi/E3). These areas total 2.02± acres of native vegetation. 1° L/ The total of unauthorized cleared •ve . • . : ••• 3± acres based on the FLUCFCS map, a site visit conducted on Septem:- `"J?2604 I. ': 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 Classification System. Procedure No.550-010-001-a. Third Edition. EXHIBIT 1 4 ......_ _ , _ I r // u Yr • + 1 feu l an y J^} - �; 1 o • G a.� ,., �._ CO_,.,.....-____.„—_ ____ _. -. r...., d , _ 'ii A.,. C.A., ... I ■ '''..—.1A CI 01 -L r. p} _ 1rTIIII ucrn gaga 1lararlrr err.carte �j cou 11.1aar eua rw+1xE1mT "'°ffwo"NW su►art w.rte coot ancwleot SOF V+1Vem rna ym■nnlrr 10....11.- ,grwar ' am a w.r1rc,.a (I.r KU toga 1.rMTYa�11 IMAM aaw lancr O.. tupolrY 6aM1�11rx a nown.wvacw. MUM Mani 012Cr 111... US Eg ."Al..®YIn.Y1111ff.Tgx '11.11 mCMrl'oaa..Sflfl aSINCMr ,-qA,. .4 nn+.a4 xol11ogrla YO aZ sc_) 0 SMrMxgwrl m. Its LOGlTa1r I.g1aOM10 fl.NO CM .mai 0e11h0 1wx11 41N. CaM9•.1!rasa rAlrigwrox ISS 1 10■ W.0 fRTQI pUDm MT MO 110,0 3A1.. •.. __ rata aaA..1611.0. X11 WN&Il&SOUNISST rrr.Tde. 41101-AY rurn elcyr IMI.MC MOT. \ .101 RV®RNr eULA1 b l mom Va1CT.la.N rl11rcr la ol.gec :car: :1 A.i - Consulting Zoologists /1 TREE FARM PUD I.'''....ea !ia 11 _ 9110 CoU.q.Afr1H Get Tart MCC C r[o[t4TI0N 1 nom MCA 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. Dw'r C'ui5*1/.�7/Ni 12A )) Friday,October 2,2015 )) NAPLES DAILY NEWS • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF -PUBLIC ;HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,October 22nd,2015,in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. ESPLANADE PROJECT GOLF&C.C. ,i...>0010°.°OF NAPLES LOCATION 22 23 24 HERITAGE BAY • (DRI) ADDIE'S CORNER NAPLES-IMMOKALEE ROAD (C.R.846) BENT RICHLAND CREEK o tt m PRESERVE J TUSCANY m - ti COVE _ I 27 HABITAT 25 w 26 WOOD LAKE INDIGO l.-_ LAKES BRITTANY BAY APARTMENTS WARM SPRINGS All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite#101,Naples,Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, 95 EXHIBIT Chief Hearing Examiner Collier County,Florida No.714207 _. — October 2,2015 a Iv/zz/ C ' 2 EXHIBIT TABLE V 2 Z C4 , 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 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 25 MAX. BUILDING HEIGHT 2 STORIES NTE NOT TO EXCEED 42 FEET NTE: Not to exceed Note: Where the Recreational Area abuts resideiii:ai lots, the required 15' Type B buffer shall include a 6' wall. Text underlined is added;Text stmek-direugh is deleted. TREE FARM MPUD PL20140000640 Jul 9October 4,2015 24 of 24 €IEX 10-22-15 VA-PL 2 01 40 001 970 S I LVER LAKES Ann P. Jennejohn From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Monday, September 21, 2015 11:56 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang,Ashley; Neet, Virginia; Rodriguez,Wanda Subject: 1063 Diamond Lake Circle Ad to Newspaper Request Attachments: 1063 Diamond Lake Circle_Ad to Newspaper.docx; 1063 Diamond Lake Circle Sig Ad Request Page.pdf; 1063 Diamond Lake Circle (2x3) Map.pdf Good afternoon, Please advertise the 1063 Diamond Lake Circle (Silver Lakes PUD) petition attachments for the October 22, 2014, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department-Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Co er Comity 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. 1 September 21, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2014, and furnish proof of publication to the attention of Rachel Beasley, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Auth r zed Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 22nd, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 5 WENTWORTH 3 ARTESA ESTATES LANDS END 4 EAGLE POINTE T9 2 PRESERVE �/ CREEK DOCKSIDE 44f/ WINDING RESIDENCE CYPRESS i (P) 2A),/,‘ (DRI) i NAPLE /� MOTORS COACH re!„ ...../ RESORT To RIVERBEND 8 9 10 11 PROJECT ASGM BUSINESS LO C AT I 0 N CTR. OF NAPLES U MARCO SHORES/ SILVER LAKES FIDDLER'S CREEK (DRI) COPPER PELICAN LAKE PR SERVE Py w 00`�F � CO rn - 17 16 w d 15 14• J v UMARCO SHORES/ FIDDLER'S CREEK (DRI) Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, September 21, 2015 12:05 PM To: 'BeasleyRachel' Subject: RE: 1063 Diamond Lake Circle Ad to Newspaper Request Hi Rachel, I'll process your request right away and send you a proof prior to giving NDN the go-ahead a.s.a.p. Thank you Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: BeasleyRachel [mailto:RachelBeasley@acolliergov.net] Sent: Monday, September 21, 2015 11:56 AM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: 1063 Diamond Lake Circle Ad to Newspaper Request Good afternoon, Please advertise the 1063 Diamond Lake Circle (Silver Lakes PUD) petition attachments for the October 22, 2014, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 Cofire r Coranty 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. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, September 21, 2015 1:30 PM To: BeasleyRachel; Minutes and Records Cc: Stone, Scott Subject: re: 1063 Diamond Lake Circle Ad to Newspaper Request Attachments: 1063 Diamond Lake Circle_Ad to Newspaper.docx; 1063 Diamond Lake Circle Sig Ad Request Page.pdf; 1063 Diamond Lake Circle (2x3) Map.pdf The run date for this ad should be October 2, 2015. Otherwise the ad request is good. Wanda Rodriguez, .ACP .Advanced Certified Paralegal" Office of the County Attorney (239)252-8400 From: BeasleyRachel Sent: Monday, September 21, 2015 11:56 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LangAshley; NeetVirginia; RodriguezWanda Subject: 1063 Diamond Lake Circle Ad to Newspaper Request Good afternoon, Please advertise the 1063 Diamond Lake Circle (Silver Lakes PUD) petition attachments for the October 22, 2014, HEX hearing. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 C`olte r osttts ty Under Florida Law,a-ma l 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 ent?ty.Instead,contact this office by telephone or in writing. 1 Acct #076397 September 22, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20140001970 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, October 2, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 September 22, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2015, and furnish proof of publication to the attention of Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 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. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 5 WENTWORTH ESTATES 4 3 ARTESA LANDS END EAGLE POINTE Tq,�� 2 PRESERVE CREEK DOCKSIDE / q'lfj WINDING RESIDENCE CYPRESS (P)_ T,Q,9j` (DRI) NAPLES I pi� MOTORCOACH ��S RESORT 4 'J RIVERBEND 8 - 9 10 11 PROJECT ASGM BUSINESS LOCATION CTR. OF NAPLES MARCO SHORES/ SILVER LAKES FIDDLER'S CREEK cc (DRI) o COPPER PELICAN LAKE COVE PRESERVE RP'--1 w 030 cr, 17 16 w d 15 14 O MARCO SHORES/ FIDDLER'S CREEK (DRI) Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, September 22, 2015 11:03 AM To: Naples Daily News Legals Subject: VA-PL20140001970 Display Notice (w/Map) Attachments: VA-PL20140001970.doc;VA-PL20140001970.doc;VA-PL20140001970.pdf Good Morning, Please advertise the attached Display Ad (w/MAP) on Friday, October 2, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Monday, September 28, 2015 11:51 AM To: Ann P.Jennejohn Subject: Proof 714290 Attachments: N DN B714290.pdf Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori[c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaPire New NOBSNIVOISCOm 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. ENTWOR Th 5 R ESTATESf-- LANDS END 4 III 3 POINTE T 2 PRESERVE pomp, / 1�4 6M D01G �), � C; 1 MS RESORT Z lo RIVERBEND 6 9 10 11 PROJECT ASSd B„g„� LOCATION CTR'on NA"ES 0 Zr MARCO SHORES/ SLYER UM FISOIER'S CREEK COPPER PELICAN LANE PCOVE v Py dye a ^ 17 16 Ie ffs 15 14 gv MARCO SNORES/ FIDDLER'S CREEK (SRI) 1 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.714290 October 2.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, September 28, 2015 1:25 PM To: Ann P.Jennejohn Cc: BeasleyRachel Subject: RE: Silver Lakes VA-PL20140001970 (10-22-15 HEX) The ad looks good. Wanda Rodriguez, MCP _Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Monday, September 28, 2015 12:05 PM To: RodriguezWanda; BeasleyRachel Subject: Silver Lakes VA-PL20140001970 (10-22-15 HEX) Hi there, The proof for the Silver Lakes HEX Notice (VA-PL20140001970), running this Friday, October 2, 2015 for the October 22 HEX Meeting is attached for review and approval. Please let me know if it looks alright or of any necessary changes at your earliest convenience. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Monday, September 28, 2015 11:51 AM To: Ann P. Jennejohn Subject: Proof 714290 Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, September 28, 2015 1:55 PM To: 'Gori,Ivonne' Subject: RE: Proof 714290 Looks great Ivonne! Please publish this coming Friday, October 2, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept From: Gori, Ivonne [mailto:ivonne.gori @naplesnews.com] Sent: Monday, September 28, 2015 11:51 AM To: Ann P. Jennejohn Subject: Proof 714290 Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.ciori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples eS NaplesNews.com Teresa L. Cannon To: Gori,Ivonne Subject: RE:Ad #714290 Please run this ad tomorrow Saturday, Oct. 3rd since it did not run today.And just confirming our telephone conversation,we will only be charged once and at today's price. Thank you so much! From: Gori, Ivonne [mailto:ivonne.gori©naplesnews.com] Sent: Friday, October 02, 2015 8:54 AM To: Teresa L. Cannon Subject: RE: Ad #714290 Hi Teresa! I don't see it either. I will find out what happened, in the meantime, let me know if it can run tomorrow, I will walk it to the layout folks. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.pori(a@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 s .co From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, October 02, 2015 8:49 AM To:Gori, Ivonne<ivonne.gori @naplesnews.com>; Legals NDN <legals @JMG.onmicrosoft.com> Subject:Ad #714290 Hi Ivonne, This ad was to run today but it is not in the paper.Am I just missing it?Can it get in tomorrow's paper? Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of 1 Teresa L. Cannon From: Gori, Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, October 02, 2015 11:52 AM To: Teresa L. Cannon Subject: 726690 Proof Attachments: NDNB726690.pdf Hi Teresa, Is the same artwork just under a different ad number for tomorrow's run. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Bus News NoplasNews.corn From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, October 02, 2015 10:01 AM To: Gori, Ivonne<ivonne.gori @naplesnews.com> Subject: RE:Ad #714290 Please run this ad tomorrow Saturday, Oct. 3rd since it did not run today.And just confirming our telephone conversation,we will only be charged once and at today's price. Thank you so much! From: Gori, Ivonne [mailto:ivonne.gori@ naplesnews.com] Sent: Friday, October 02, 2015 8:54 AM To: Teresa L. Cannon Subject: RE: Ad #714290 Hi Teresa! I don't see it either. I will find out what happened, in the meantime, let me know if it can run tomorrow, I will walk it to the layout folks. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples News NapiesNevaLcom PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. ESTAAFS LANDS END 4' '+� l 2 --__ 'A(, YAWING �� DRI7 1' PLE5 �� (0 / RESOiT 0 ACH MMORSEND 8 II 10 PROJECT ASGM RD�NEA LOCATION CR.O NAP ESi 0 -7_,- MARCO SHORES/ SILVER LAKES FlDOIER'S GREEN ON 4.Q COPPER qPELICAN LAKE p.m, y 9P i m P 17 16 15 14 i MARCO SHORES/ ROOERS GREEN 1 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.726690 October 3.2015 Teresa L. Cannon From: Neet, Virginia Sent: Friday, October 02, 2015 1:38 PM To: Teresa L. Cannon Cc: Ashton, Heidi; Rodriguez, Wanda Subject: RE: 726690 Proof Teresa: I compared it against the first proof and it matches. I will approve in Wanda's absence. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax (239) 252-6600 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. From: Teresa L. Cannon [mailto:Teresa.Cannon@tcollierclerk.com] Sent: Friday, October 02, 2015 1:13 PM To: NeetVirginia Subject: FW: 726690 Proof From: Gori, Ivonne [mailto:ivonne.gori@inaplesnews.com] Sent: Friday, October 02, 2015 11:52 AM To: Teresa L. Cannon Subject: 726690 Proof Hi Teresa, Is the same artwork just under a different ad number for tomorrow's run. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.pori(a NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples iladu News Teresa L. Cannon From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday, October 02, 2015 2:13 PM To: Teresa L. Cannon Subject: RE: 726690 Proof Sounds good; thanks! From: Teresa L. Cannon [mailto:Teresa.Cannon@acollierclerk.com] Sent: Friday, October 02, 2015 1:14 PM To: BeasleyRachel Subject: FW: 726690 Proof Hi Rachel, The Silver Lakes PUD ad was to run today but somehow did not. NDN is running it tomorrow at the same cost as todays. From: Gori, Ivonne [mailto:ivonne.goriCanaplesnews.com] Sent: Friday, October 02, 2015 11:52 AM To: Teresa L. Cannon Subject: 726690 Proof Hi Teresa, Is the same artwork just under a different ad number for tomorrow's run. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples ; s NacaiNeviscom From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, October 02, 2015 10:01 AM To:Gori, Ivonne<ivonne.gori @naplesnews.com> Subject: RE:Ad #714290 Please run this ad tomorrow Saturday,Oct. 3rd since it did not run today. And just confirming our telephone conversation,we will only be charged once and at today's price. Thank you so much! From: Gori, Ivonne [mailto:ivonne.goriCanaplesnews.com] Sent: Friday, October 02, 2015 8:54 AM To: Teresa L. Cannon Subject: RE: Ad #714290 1 Teresa L. Cannon To: Gori, Ivonne Subject: RE: 726690 Proof Looks good,thank you! From: Gori, Ivonne [mailto:ivonne.gori@inaolesnews.com] Sent: Friday, October 02, 2015 11:52 AM To: Teresa L. Cannon Subject: 726690 Proof Hi Teresa, Is the same artwork just under a different ad number for tomorrow's run. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 itpti i itilli W N; ptesNews.com From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, October 02, 2015 10:01 AM To:Gori, Ivonne<ivonne.gori(c naplesnews.com> Subject: RE: Ad #714290 Please run this ad tomorrow Saturday, Oct. 3rd since it did not run today.And just confirming our telephone conversation, we will only be charged once and at today's price. Thank you so much! From: Gori, Ivonne [mailto:ivonne.gori©naplesnews.com] Sent: Friday, October 02, 2015 8:54 AM To: Teresa L. Cannon Subject: RE: Ad #714290 Hi Teresa! I don't see it either. I will find out what happened, in the meantime, let me know if it can run tomorrow, I will walk it to the layout folks. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Teresa L. Cannon From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Friday, October 02, 2015 11:53 AM To: Teresa L. Cannon Subject: RE: 726690 Proof Thank you, released! Ivonne Gori Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a)_NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples m From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, October 02, 2015 11:53 AM To:Gori, Ivonne<ivonne.gori@naplesnews.com> Subject: RE: 726690 Proof Looks good to run, thank you! From: Gori, Ivonne [mailto:ivonne.gork naplesnews.com] Sent: Friday, October 02, 2015 11:52 AM To: Teresa L. Cannon Subject: 726690 Proof Hi Teresa, Is the same artwork just under a different ad number for tomorrow's run. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(a,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaPirSaililli S From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, October 02, 2015 10:01 AM To:Gori, Ivonne<ivonne.gori @naplesnews.com> Subject: RE:Ad #714290 Please run this ad tomorrow Saturday, Oct. 3rd since it did not run today. And just confirming our telephone conversation,we will only be charged once and at today's price. 1 PUBLIC NOTICE PUBLIC NOTICE • PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday, October 22nd,2015, . in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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. YENIW0R1H y roman l V 7 OWLS-- LAM no 4 LAME "APE RRESERVE M@ o0omt y WINS ul ' 'ry i rt,� ^ _ RESORT .l . A11Gt0/ 0 a 10 11 PROJECT M,a eusREss Cr LOCATION cm.a RMnES wRCR�� V •sa\a uvs 1 nom:Mv.711" W 1RR1M1E N m,+ RV 15 MARCO aES/ V 1M 11001F1'S MO, Z (M9 v I N All interested parties are invited to appear and be heard. All materials used o in presentation before the-Hearing Examiner will become a permanent part of the record. z Copies of staff report are available one week prior to the hearing. The file can * be reviewed at the Collier County Growth Management Department, Zoning tr) Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities 'Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, . Chief Hearing Examiner • Collier County, Florida No.726690 October 3.2015 i 24A » Saturday,October 3,2015 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, October 22nd, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: 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. WENTWORTH �� ESTATES PRESERVE 4 EACLE �. l4 2 CREEK '9M WINDING DOLXSIDE WRESS L_ .' RESORT OACH1 RIVERBENO 6 10 11 PROJECT ASCU B LOCATION CR° NAPUSINESS ES - -2r MARCO SHORES/ SILVER LAKES FIDDLER'S CREEK (DRI) PELICAN LAKE COVER PRESERVE 17 16 E9 a 15 14 $ y MARCO SHORES/ FIDDLER'S CREEK (DRI) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities 'Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, • Chief Hearing Examiner Collier County, Florida No.726690 _ October 3,2015 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX COLLIER COUNTY HEX 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 507876 2015 726690 State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Dan McDermott, says that he serves as the Inside Sales Supervisor, of the Naples Daily news, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Collier County, Florida, for a period of 1 year next precending the first publication of the attached copy of advertisement; and affiant promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. AD SPACE:0 FILED ON: 10/14/15 PUBLISHED ON: October 3, 2015 Signature of Affiant /15 Sworn to and Subscribed before me this 14 o:_ i�NNE Go i w ", e. ��. s .Nntlrri dub! •Stat�dl• J:-leci6a�- * �' »•? Commission#FF 900870 Personally known by me 1 1, l 1 ��+ �� P`' My Comm.Expires Jul 16.2019 48,at:i Bonded through National Notary Assn. 24A»Saturday,October 3,2015»NAPLES DAILY NEWS India vows to cut carbon intensity Syria Officials:Pentagon O By Karl Ritter JM 1 and Katy Daigle ( weighs protections Z Ass«a tivres NEW DELHI-Indiaslon a r ce Q awaitedpledgefor aglobal ' _ _.. ---' for U.S.-trained rebels W climate pact shows how '--` t. k I the world's No.3 carbon ,. -Nk" , ' l,,f,- By Witte C.Balder rebels who have not been polluter is --v-` N rG _•"f- and Robert Burns through the U.S.military p s to red sin the ,aw ass atedN-' tr' eventh t (� cant efforts to rem in the — ay be °°gt hhe a) gowth fast-surging de ands r�r •"" _ ','y may be aligned with the G) J toits fast-surgingdemands ss a .x WASHINGTON-The Pen- U.S.or IS. I m for energy,analysts said 'itJ I.{ tagon is grappling with Carter declined to dis- :.a- h Friday. whether the U.S.should cuss the problem when India vowed to reduce `' _- use military force to asked about it this week. .'' f1 its emissions intensity by protect U.S.trained and But U.S.officials aclmowl- MILI. 33 percent to 35 percent ;y' \ ® ■y i " equipped Syrian rebels edged that this is one of O O by 2030 from 2005 levels, ■MS1 now that they might be the questions being asked primarily by boosting the the targets of Russian air- as they debate the admin- O share of electricity gener t' E -, strikes. istration s response to W ated by sources other than Senior military lead- what White House press L"' Q (� fossil fuels such as mal and '`O, ens and defense officials secretary Josh Earnest CD r gas to 40percent. - are working through the described as Russia's"in- That Thatmeanslndia's emus ?, 14 // thorny legal and foreign discriminate military op- (7) `X N 0 sions will continue to grow mwa'.""`o' policy issues and are erations against the Syrian V Z 4 Z as its economy expands,but Solar panels are displayed for sale at a market Thursday in New Delhi,India. weighing the risks of us- opposition" the increase relative to eco- ing force in response to a A key concern is the nomic output wfllbe lower ! Climate analyst Samir Russian attack,U.S.offi- prospect of U.S.getting thanit is now. y - Saran at the Observer Re- cials said Thursday. drawn into a proxy war • "Our every action will ' �c , 1 search Foundation,a New Pentagon leaders have with Russia in the event Wbe cleaner than what it was t ` v Delhi think tank,also de- consistently said that the that Russian warplanes earlier,"Environment Mm "„.* r -, scribed India's targets as U.S.must take steps to hit moderate Syrian reb- 4) isterPrakashJavadekartold - , y" ;§• ambitious and"rooted in protect the American- els who havebeen trained C reporters Friday,insisting c'a 1 ." " Indian reality,"given the trained rebels because it and equipped by the U.S. 0 that lndiantraditions and +d r• fact that atleast300million would be far more difficult military. N culture are already"at one yyyKKK T4 bA citizens a fourth of the to recruit fighters without The officials spoke on with nature." A.::::,'. population still have no those assurances.Defense condition of anonymity Ii) India was the last of the `r .. access to electricity at all, Secretary Ash Carter told because they were not au- i7) major economies to present while hurdredsofmillions reporters in March that thorizedtodiscussongo- • CO its offer for theUN.climate y: ore make do with just a the U.S.has an obligation ing deliberations publicly. 0 deal that's supposed to be few hours aday. to support them,"And Tensions between the • T Q adopted in December in India's submission also we're working through U.S.and Russia are esca- parss, madethatpoint,notingthat what kinds of support and luting over Russian air- fC O .0 Javadekar said India x "it is estimated that more under what conditions we strikes that apparently CD C .., 0 held its submission back than half of India of 2030 would do so." are serving to strengthen > 0 0 ci)O) so it could coordinate its An Indian village woman makes cow dung cakes Friday is yet tobe built" U.S.officials later made Syrian President Bashar filing with the Indian heli- in Allahabad,Inde.Cow dung cakes are popularly used Prime Minister Naren- it clear that rebels trained Assad by targeting rebels Q Q CO 0 day celebrating the birth- as fuel for cooking in rural India. dra Modi has made mann- by the U.S.would receive -perhaps including some day Friday of the country's facnuingandjobaeation a use support in the event aligned with the U.S.- forefather,Mohandas K. tinned itself as a global India would exceed it if it key promise of his admin- they are attacked by either rather than hitting Islamic Gandhi,anardent environ- leader in clean energy,and meets its renewable energy istmtion,and has implored Islamic State militants or State fighters it promised mentalist. is poised to play an active goals. foreign companies and gov- Syrian government troops. to attack. As ofFriday,146 nations and influential role in the "This shows that key ernments,with the slogan Currently,that protection The U.S.and its allies accounting for 87 percent international climate ne- economic and infrastruc- "Make in India,"tohelp. would apply only to about have been calling on Rus- of global carbon emis- gotiations this December," Lure ministries have been India also promised ag- 80 U.S.-trained Syrianreb- sia to immediately cease = sions had submitted their said Rhea Sub,president closely engaged in foram- gressive reforestation ef- els who are back in Syria attacks on the Syrian op- pledges. of the New York-based lating clmatepolicy,which forts,with enough new fighting with their units. position and to focus on Environmental groups NatmalResources Defense isanimportantbreakfrom trees to absorb up to 3 bil- The U.S.policy so far fighting Islamic Statemili- lA following the UN.climate Council the past," said Navroz lion tons of carbon dioxide is very specific.It doesn't tants,saying Moscow's ac- N talks welcomed India's of- Some said the carbon in- Dubash of the Centre for by 2030,and laid our plans address a potential attack tions will"only fuel more 01 fez tensity target was censer- Policy Research in New for adapting to changing by Russian planes and extremismand radicalize- 0 "India now has posi- votive and projected that Delhi. weather and temperatures. does not include Syrian tion." 01 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE CO Q V Q NOTICE OF PUBLIC HEARING Footed You You Light uP^!i Life N 1,- Z M Z Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,October 22nd,2015, L in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, a) Room 609/610,Naples FL 34104,to consider: .ly /' _CDPETITION NO.VA-PL20140001970-Geneva B.Spencer,Trustee of the ',,, 'it N Geneva B.Spencer Revocable Trust Agreement,requests a variance from a A ' L: Section 3.5 D of Ordinance No.05-14,the Silver Lakes Mixed Use Planned - `';g N Z d - Unit Development(MPUD),to reduce the minimum front yard setback hour s ` e -Q C >, 10 feet to 5.9 feet for an existing mobile home with a front yard balcony on �. *qi- E o H property located at Lot 12,Block 2,Silver Lakes Phase Two-A subdivision, = -EL on the east side of Collier Blvd,approximately one mile south of the Collier Fuss Arrangements Spun Chandelier Z a) Qj 0 Blvd.and U.S.41 intersection,in Section 10,Township 51 South,Range 26 -6 () N O East,Collier County,Florida. 4 E co— U I CiowVersatiow starter 1.I' PROJECT ` LOCATION "� _ l Performance Fabric Sofas All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part shapCty N of the record. Ow the side 131 Copies of staff report are available one week prior to the hearing.The file can • be reviewed at the Collier County Growth Management Department,Zoning i��f "` ^, M Division,Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. y S. ,—I 0 The Hearing Examiner's decision becomes final on the date rendered. If a �+a � \ < /�� person decides to appeal any decision made by the Collier County Hearing \!!!l' L�l� Examiner with respect to any matter considered at such meeting or hearing, �y he will need a record of that proceeding,and for such purpose he may need I �.' 1222 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. �•HI► W If you area person with a disability who needs any accommodation in order Unique Thai Celadon Burl wood and Stainless Table Vto participate in this proceeding,you are entitled,at no cost to you,to the O provision of certain assistance. Please contact the Collier County Facilities WEST INDIES Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, 0 en Dail Ian 9465 Tamiami Trail N Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. p y HOME Naples 34108 10:00-5:00 239-596-7273 �, ` Mark Strain, westindieshome.<om �r^t Chief Hearing Examiner �� *mot (0 Collier County,Florida COI,I,FCTION }� No.n20000 October 3.2015 �V LE (I) 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 miummvialorrdim , O 4 O 9, ,i, al 4 4,_ .,_ °/,. 1W- il N r. a ii 1 or Q . ,,,... .iiii. . ,,, iii 1 4 O AL., r / '-'1 --■1111111‘11 'LI*" e4th-Evmo Willailil IIIMWitt A , 3 u �I Y 4 al Ern ! 11 K irl &_ N ■t ... N ■)., \ -,clivrri, > ii,\ ' -0 4 1 N1 a li 1 rn H rr, 11 1 4 u ie /*/, :11 I z D NO7 TO scurilifill r a D Z1 -i V n O COLLIER BOULEVARD (S.R, 951) g I E 1130 01:201:14 R Q a 131 . 8 in 1113 0 [7 ? Id WI LW o Z _ i1 OPAL LANE PT� 0 a F ©�©© ©F1 ��ECtfih 0 -6--, :g r--------' (/.�� U Y I CHARIOT CT. s A NI 1r 6" A•! -6 E+f n -�Q JADE LAKE T. FA S 2 O M ■:;f g z 3 T R C A w A — i lama"FA w A"nAti© v „ m G S R x o — F� ill 1 A C n.,,,IINV �" 8 Y = TOPAZ LAKE ti ® t` �' O EA OD .J Y Y '° - F1a N M -1 } a m CORIAN CT. i- -� o°- v IV 4CI, i+ W. L H °., y tT5 O a s1 ff ■ . '7T N.W.72nd AVENUE ( 2864 DEL PRADO BLVD SOUTh 2,,l'h ......---- -,---.....,--- 'TE"IO2'a SUITE NO.202 UWI'T, �APF CORAL,E. lit 's; :239!e40 IF MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 N +t 2' 4'ASPHALT PVMT. DIA OND LAKE +CIR IrE 0 TRACT'74"(N.A.P.) F.N.D. aO.B. S88°1T42"E F.N.D. 4 NO/D. 60'TOTAL RIGHT-OF•WAY NO ID. 35.00'S88°17 42'E .vL,it i $n CK(A) (A) 8 8 CONC.(AI t/ N c DRIVEWAY i a, t 16'PWY F.N.D. p 2. FI.R.5/6" L.9.#5109 (Ai BALCONY a .Le#s109 X94' f SE 5.50 1I; .DAY A V—�-- u CO'U.E. 5.50' 1-.-• 5.50' 40'U E. F.I.P.1/2" ( I i 2400 i■ NO CAP CABLE I 1 (B) (8) Box Ir ONE STORY i 2.50 —— .I U.E..5 D.E. MOBILE S . (C) (8)PAD HOME i 3 3 #1083 'i. 0D• b 1 pO N CC•LOT-11 S LOT-12 BLOCK-2 O a BLOCK-r ;sift I O a LOT-13 O e MO I I^n BLOCK-r METER COUNTER D i y2.50' V) U.E.8 D.E. 2.50' 5.564 14.65' >.125.' .5' 1 i 5.49' U.E.8 D.E. ' U.E.&D.E. ..L........„4„1.4- COVERED _!I ( PLASTIC (C) r, !ANAL �, � —I-_._i C.S,• 8'D.E. 8'DE —�( I L. &M.E.7 — i .E(dl9' ) I I C°'D.E. W AVERS I ., i 6 M.E. FIR.5/8' I 35 t 'F.I.R.5/8'_... LB.#3964 5&3•17'42-E LB.#5109 t 11'TO [— TOP Of TnE BANK t 11'TO WATER ' j WATER APPROXIMATE - TRACT"CR4"(N.A.P.) EDGE OP'HATER SILVER LAKES, PHASE ONE (07/0G/201 5) PB. 20 PG 91 AND 92 ENCROACHMENT NOTES: A NORTH SIDE OF THE SUBJECT PROPERTY,CONCRETE DRIVEWAY.BALCONYMOBLE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCL F B.WEST SIDE OF THE SUBJECT PROPERTY BRICK PAVE AND AN CONDITIONER PAD ARE ENCROACHING INTO THE 250 FOOT UTILITY AND DRANAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY. C.EAST SIDE OF THE SUBJECT PROPERTY,BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT D.SOUTH SIDE OF THE SUBJECT PROPERTY-BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT ate., LEGAL DESCRIPTION: DRAWN BY: AHV ��AS,I8oJp LOT 12.BLOCK 2,SILVER LAKES PHASE TWO-A.ACCORDING TO THE PLAT '-'0-;ERII....-11'l 41.. r8 THEREOF RECORDED IN PLAT BOOK 24,PAGE 54,55 OF THE PUBLIC SCALE: 1"=20' RECORDS OF COLLIER COUNTY.FLORIDA. .-0 NO.6770 O STATE CERTIFICATION: FIELD DATE: 07/06/2015 GENEVA B.SPENCER, TRUSTEE \ LORi IOP ZAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 LAW L.B.tt 7806 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 D). 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. lir if - 06/1Sid315 1 J: 1 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 e as /14 iii rti 4 14 i I - Ili t 4 t 41 lin. 117 1174 I ' r 4-• Alt 4 it li i ....,. , 0 q „-4,,_ 4} Y' c1,/IF 1 e.wr.«a y aA o 1 r,ft 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 (GMP) 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, PRBD 1999091795, 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: RACHEL BEASLEY,PLANNER DATE ZONING DIVISION REVIEWED BY: q . Z�f RAYMON . B LOWS,ZONING MANAGER DATE ZONING ISION 9- 25- 1 �-- MICHAEL BOSI,AICP,DIRECTOR DATE PLANNING AND ZONING DIVISON VA-PL20140001970. 1063 Diamond Lake Circle Variance September 23,2015 Page 9 of 9 C0111. er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE UR VE GROWTI I MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.col;iergov.net (239)252-2400 FAX: (239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District !DC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED Name of Applicant(s): n GI a Sp enc e Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Name of Agent: --C31■" I 0 -2_c\r-r-1 •Q• no Firm: 2-Ct im_poc) na Lay.J Address: —1 I 51 -Ave S IS-MC20:bity: NOplS State: ZIP: 3.44 10 2— Telephone: 2. :11 2LP 1 •CDcri2 Cell: Fax: 23c4 •2.41-1-•ci 2-3(p E-Mail Address: cnt- to e 2.Clry)pcx:3r)01- LC1‘Al • Cc)ry-) i'L f,VV/A°1 OLLI:11 00J(,TY HAS LOBBYIST C.LCUL/.1=S. V4. ti „.. i:N 1 V3,t i . 1;:COMPI IfACE 10'21-11 HESE EEGULK, Attachment A 6/4/2014 Page 1 of 6 -..f. Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coIiiergov.net (239)252-2400 FAX: (239)252-6358 IPROPERTY INFORMATION I Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) — .X h b in g Property I.D. Number: 13LP2-500 1 3 4+1 Section/Township/Range: 1° /S k / 2c9 Subdivision:to 304-103- 5)1 VCY l-Ck kcs PrckSCP0AUnit: Lot: la Block: a Metes& Bounds Description: Total Acreage: Address/General Location of Subject Property: t00O3 p 1Qrr c rid l.Q - GI rc C. QV)1CsI 341V( - g2-I2- I Zoning Land Use N MPND Devc1orcii51ngIc Vorr111y Man C.+UredPrstdehc-e. S MPNt> DCYCIoPC.d Single 1ui tty Man �c urcci e evim E nADU b Dertlopcd ,fi IC�Irntly man red Restck iU w MPUD Derticoed 1Jingle farvI(l1 manufacture ecoct.eyl U2_ Minimum Yard Requirements for Subject Property: Front: 1 O Corner Lot: Yes I I No g] Side: 5 Waterfront Lot: Yes No W 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 sic CoMer County COLLIER COUNTY GOVERNMENT z&U0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239) 252-6358 ASSOCIATIONS 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 httn://v:v v.,.colliergov.netJlndex.aspx?page=774. Name of Homeowner Association: S11\..1 C1' 1_Ct S QC°tip i 1 Y1C' Mailing Address: t DO 1 S 1\\I tY NOPICS State: -- ZIP: 3'11144 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: EX V"-'tb t_i C. 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 "i ,r Co IF County COLLIER COUNTY GOVERNMENT 28U0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 v.ww.coilicrgov.net (239)252-2400 FAX:(239)252-6355 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? n Yes[XNo if yes, please provide copies. 6/4/2014 Page 4 of 6 - r � 1 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 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: in Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam El Graphics: Mariam Ocheltree El City of Naples:Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet _ ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko El Transportation Pathways:Stacey Revay in Emergency Management:Dan Summers;and/or in School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen . . LC Ul Hx. . Pre-Application Meeting: $500.00 Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o Sib 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 -7/2/71,0 5 ApptiEafit Signat Da Ai 01(la ■/ "U1 {lt NS,y-.S -1- F' Printed Name 11 6/4/2014 Page 6 of 6 VA-PL20140001970 REV: 1 1063 DIAMOND LAKE CIR DATE: 2/6/15 Cattier County DUE: 2/23/15 COLLIER 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 &iA. /PDl Date and Time: 9 . 171. L,4® ` Assigned Planner: «� Engineering Manager(for PPL's and FP's): Project Information Project Name: PL#: apt 4. I 11 Property ID#:__] j'j _ Current Zoning: R/0 Project Address: AmagaL cia City: State: Zip: Applicant: Agent Name:T11124&1.._ `4:: •r Phone: 21,1 . L Agent/Firm Address:_ _C,40. City: State: Zip: Property Owner: 0,674E—VA N 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: MK vi. If the project is within a Plat, provide the name and AR#/PL#: — —s COffier 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 )- Completed Application(download current form from County website) ® ❑ t Pre-Application Meeting Notes 1 ❑ Project Narrative 1 ❑ t- Completed Addressing Checklist 1 ❑ Conceptual Site Plan 24"x 36"and one 8%"x 11"copy ❑ ❑ Survey of property showing the encroachment(measured in feet) 2 ►! ❑ .+ Affidavit of Authorization,signed and notarized 2 is ❑ Deeds/Legal's 3 1:� ❑ 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 ❑ 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 ..e... Corer County 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 Heart lock fEngineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky Other: Utilities Engineering: Kris VanLengen FEE REQUIREMENTS IS Pre-Application Meeting:$500.00 f---ql e-Variance Petition: OO o Residential-$2,000.00 4cl.it o Non-Residential-$5,000.00 ∎r\take. o 5th and Subsequent Review-20%of original fee f''''it' TA Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ?Ne;rv.:\e' ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee 7a4A ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners 3,1-,1`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 126B10 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 (4.) 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.htm l?FoliolD=73625007347 12/17/2014 Page 1 of 1 coiner county rroperty appraiser 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_search/Recorddetail.html?Map=No&FolioNum=73625007347 9/23/2015 b,./ Collier County Property Appraiser Property Detail . • r_______ ________________ _ ______, Parcel No.F7-3625007347 I Site Adr..1-1063 DIAMOND LAKE aR I _ _ _....L....._______._.--_____.___________________, ..__.._. .. ..____............._........__........_._...._....._........._______.___________________.,..__._____ Name/AddressISPENCER TR, GENEVA B GENEVA B SPENSER REV TR UST . UTD 12/11/92 1128 LINDEN DR 1 _ . Cityl BLOOMINGTON 1 Statal IN I Zip 147408 i Permits I . ..._..........,___Tax Yri Issuer 1 Permit# 1 1 CO Date T CO ] Final Bldg i ...1.. rnp Type ....] Land Building/Extra Features -T- i r -i.-T--------Ca-ic-Co-d—e t Units 1 . # Year Built r Description Area _i_T ActW-ea i 1 L PUD UNITS BUILDABLE 1 1 1999 1 MOBILE HOME 504 ---r- 504 j 2 L 1.999 I W DECK 357 357 I , 3 . i .... 1999 { ALUM SCREEN-ENC 813 813 ...... .... .., ......__...... ....... 4 1 1999 ALUM rARANA • • • 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 1j 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 FLORIDA 1)i:PAR`1'MENT OF STATE "„ ) It 1 ':.t)\ i}l C 'ii )Iw lO\S y.I:, 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 -- Req. 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 Coovr'ioF*(f)and Privacy Policies State of Florida,Department of State • http://search.sunbiz.org/Inquiry/CorporationSearchlSearchResultDetail/EntityName/forp-f... 10/7/2014 ' 85/15/2813 19:54 850-245-6604 DEPT. OF TATE PAGE 01/02 4 MAY-t6-2:A:0 i'''''''• 60 i. 6 7 660i P. Florida Department of State Division Electrvctic Fiof ling Corporations Cover Sheet .. - . Note:Please print this page and use it as a cover ahaet.Type the fix audit number (shown below)on the top and bottom of all pages of the document. (((H13000098643 3))) 111113111111P11111111110111111111111111111110111111111111111111 Hmoonsesootaci Note;DO NOT hit the REFRESH/RELOAD button on your browser from the page. Doing so will generate another cover sheet. , T0: Division of Corporation Feu NUMber . Ces0)617-6360 M s • Ao00utst Name : AusmenS$ PILINGS �c . Account Number 1 104254001620 �,`!"�, Phone s (604)527-5300 0' . It FaX Number . (605)927-5501 . ill **Enter the email address for this busiaeaa entity to be peed for future' .., annual mailings. 4. • to report: t1ge. Nagar only ors email address please.** I:,,S)r �• 4 rJ . ibosii k&Sxeae t`..._dtg eo1slaoi.aam 04 Ifs, REGISTERED AGENT CHANGE DIG-M INSTALLERS,INC. 0 oaf of Ste o Y-i tL Certified Co* j 0 •-• t;�_ Count _ �7 0 Estimated e, $35.00 -ter :-"1 a — - - N 1 .. v JN -, t 1 ! ns s+T a I `" / — •- Qw > Electronic Filing Menu C• t• a Fil' �_ Meru Help 5 latps://efile.suabiz.org/scriptakfiloovr.mre 5/llZO]3 7.... ) 05/15/2013 19:54 850-245-6804 DEPT. OF STATE PAGE 02/02 t1AY-16-2013 12 a 2%3 608 82? 6501 608 821 6601 P.002.ti STATEMENT OF CHANGE OF BRC5'rERED OFFICE OR REGISTERED AGENT OR BOTH FOR CORPORATIONS . Pursuant ra die provisions of:Inflow 607.0502,ill 7.0502,607.1 508,or 6171508,Ponder stotamtirt f it rahnettscl or o ompvmlion organised until,the laws of du ate of �']f_, En alder to change Its registered cf ce or reglena,rdwent or bah In the awe ofFlorida t,The name office aospoeadoa: DIGM-INSTALLERS,INC. 2.7bo t a ��:^ 3088 Frost Way Drive,Hampstead,Maryland 21074 3.The mailingoddress(rfdiffercat); 4.Daee of ineorponsion/gnalitication:_ 6/22/1998 Doennea numb= F911000003577 5,The name sad street:address of the wrrent registered agent sad registered othee Da file with the Florida Doparnosnt of Stale:of resigned,Omer resigned) d) . ~ - TUC 450 • tP E.LOT 101 • . . __ • NAPT FS t=T Adr l4 6.The name and surd address ofthe new registered agent(if changed)and/or registeeed office 1..# (if cbamged): .!.,!1. e - .61"'; Business Filings Io orated 1.t a+ if'"` :t . 515 E.Park Avenue,Tallahassee,Florida 32301 '`t:c�-. .� � ' t :.'.'s P.O.Borg NOTampuble A+rrtl Rio, ti as a stree sd iEl ss 1 ifs fatcsed office and die street address oftbobusiness office of its regtsteed rest, ads by resolution ienpmod Iroar4 ofd rs OT by as of8oer so an:.�. r"`%" ete •� -/rporaCOnt�en notiffc0 i>a wntatgcrftlraahaargo. Ti' 1�r!/� Tucker P Rooney,President •• Ir • ' nvamerrpmilmeaWTOM I ariZy aces hha bear (a rod err and a t,ace far s is c !ty I r111d ere�p w th else �;' , , �Ilsp� r�rs ra atNe eo mad'camp(e!r o AD'�s mad! tpf dre rl6 Igo M of IAy�t�x ftefe n 1 t 1 canoed!� etr�g�gt r0�'~d O !n the re t Ce a nest 7 ntrebb co rm 111u corporation 5 n no in w ring s mongc. ,{/ F 10th day of April,2013 %sla va of kg oared,yea Doi if signing on behalf of an entity: Mark Williams,AVP Timed erWoollama *a•nun FEE:S35.00" " • MAKE C ECK$PAYABLETO FLORIDA DVARTMEHT OF STATg MAX TO:DAIMON OF CORPORATIONS,P.O.BOX 6327,TALLAHASSEE,FL 32314 Clam cm •a■ 00-4..6--4'(-14 9iCCaff86Ct 3 3 TOTAL P.002 VA -PL20140001970 REV: 1 1063 DIAMOND LAKE CIR Co •er Count DATE: 2/6/15 J 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) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ E• XP (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) VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ P• UD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ R• Z(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) 7 3 '3-6CD 7 3`-i _1 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1--)lc..1, `+C YrU LLB 14.e., (: t • 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# ( I `°i 0 1 7(.. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 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: 57,1 Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: be- -v0. PHONE 3C � c9 iX FAX i _ L` Cfi D34 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 t FLN Number(Primary) 7 , 2 5007 3417 Folio Number Folio Number Folio Number Approved by: ref /own( L� Date: ( �� 7 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 1 of 1 Ti , ,-. . .,, ,I �.• 5 45M �` i .1 'ate , a AMs .;,.. 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R o 4 ,4 a. s % atill -a el 1:7 it ‘-:' : v." __ 74,.. :, ,, ro O * e o ro cr i'. � PO d 3 w5 -,;" i _ +� ila II+ - ''', ' r! yam` 8 r ,,a. r a -io 1 v - r • O :syo ❑C i E Ymaop mN� av A o e g v : e .rLf 63 s ^, N p"o 1►RI a 4 G r •'p A) 3 ,,W C o N_ Obi ANN " G ` °. • v m i' , r-' "0 25 m m 11 c Og Om + ,. y Z iimil C " p N' 0c- — C 0 •-3 zo D C7 Fa' R° i N O.■ 42 v N A v J O 00 W b o crQ co `J O W M N O I — ---- . , , . t.EnENT., LOT 12, BLOCK 2, SILVER n LAKES' PHASE TWO—A ii\, ,.i,M. 1::.;"-g," (#1063 DIAMOND LAKE CIRCLE, NARIS, FLORIDA) ri EV5?Mgr' i , } COP:CS:UV Cons' Rt. ' tfi3W;..44. 1 ,,,,.LiY , 35.0:). (R ',:;01..t' . .,,,,..,...„,, 1 I. 0 VI | i......---Att.__J:.i. , i ; ,UV opetrec*a=J. 4nas TO 5001101 "MOM,20 itOf014.72.W.ROMA SOWN -'7:_st... i..-0.7' / ) i '...ECAAL DESCRIPTION rit OR OM 24 OM 11,ISA.ei IS PROFESSIONAL LAND SURVEYOR I----211Mstigigglut17°Aid'resicK400-8311,711 ' _____----__ _ _____ __ _ __ ________ ___ ____ JOHN IBARRA & ASS .IATES° INC Professional Land :rs & Mappers WWW.IBARRALANU.v-v, 49.COM 1 ` 777 N.W 72nd AVENUE SUITE 3028 ( 2804 DEL PRAMS BLVD SOUTH SUITE NO.202 UNIT 1 MIAMI,FLORIDA 33129 1 CAPE CORAL,FL 33904 1 PH: I305)282-0400 PH: 12391 540-2800 MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 N \1/ /I ct24'ASPHALT J PVMT Ai. TRACT"R"(NAP.) F.N.D. B.OB. S88•1742•E 1F.N.D. NO ID 60'TOTAL RIGHT-OF-WAY NO ID. 35.00' S88°1742"E ewc,.(A) (A )_ ._ AVER. fa conic.(A) >< m t 16'PWY si F.N.D. DRIVEWAY i F.LR.5/8" L.B.*5109 (A) -A-0 Y La#5109 39494' _ I " Ar... . ,..°...Ar ? P.C. �10 U.E. 5.50' ; tc s . 1►41i`7�.i 1 5.50' 1D'U.E.- F.LP.1/2' 4�' r NO CAP cAaIE i • t__1_ . (B) (B) BOX "; I aso' -� ONE STORY , P - i U.E.&D.E. (B)NC MOBILE 1 1(C) PAD HOME 1v1"1—i) $ $ #1063 41 gco �, Ig o LOT-11 O Ly BLOCK-2 'S `� ; i �uT-1.': a^ �``� n C E3..C1CK. METER 1r„ I I V)2.50' COUNTER O h 2 70' U.E.&D.E. 2.50' 5. J I, • 14.65' , 325' U.E.&D.E. w 1/118 .. 41.8 5. 5.1 g5' ' '5.48' 2.50' COVERED' PLASTIC U.E.&D.E. I LANAI I STEP (C) _ C.5. 7----I I 1-- ..8'D.E. ZirbT(,) —_ __ 6 M.E. I &M.E (D) I f Jr D.E. PIA.sir ,is .'F.LR.518'.. _ LB.1r 3964 S88°1742'E LB.4 5109 t 11'TO roP OF THE BANK, t 1 Y To WATER ) WATER APPROXIMATE , TRACT"CR4"(N.A.P.) - -- — EDGE OF WATER SILVER LAKES, PHASE ONE (07/06/2OI5) PB. 20 PG 91 AND 92 ENCROACHMENT NOTES: A.NORTH SIDE OF THE SUBJECT PROPERTY,CONCRETE DRIVEWAY,BALCONY,MOBILE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCLE B. WEST SIDE OF THE SUBJECT PROPERTY.BRICK PAW AND AIR CONDITIONER PAD ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY C.EAST SIDE OF THE SUBJECT PROPERTY BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT 0 SOUTH SIDE OF THE SUBJECT PROPERTY.BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE B FOOT DRAINAGE AND MAINTENANCE EASEMENT LEGAL DESCRIPTION: DRAWN BY: AHV �yOS 1[3�Rq; LOT 12.BLOCK 2.SILVER LAKES PHASE TWO-A,ACCORDING TO THE PLAT CI P ' 'L :`y`"L THEREOF,RECORDED IN PLAT BOOK 24,PAGE 54,55.OF THE PUBLIC SCALE: 1"=20' cL RECORDS OF COLL/ER COUNTY,FLORIDA. t,G NO.6770 C d STATE OF t CERTIFICATION.• FIELD DATE: 07/06/2015 'l f� c GENEVA B SPENCER, TRUSTEE ti_'` OR,� ' ZAMPOGNA LAW FIRM'YW. SURVEY NO: 15-002658-1 L.B.#7806 SEAL SHEET: 2 OF 2 I/O AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) PL42014,1970 1 Robert L.Rolston (print name), as Attorney In Fact (title, if applicable)of Geneva R.Swear (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. Well authorize the zampogna Law Fr,m 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 true. _fir-7 - c / 7-5- Signature Date STATE OF-FLORIDA 'Z� {i,L4t4 COUNTY OF COLLIER h I V-6Vi. p The f rpgoing instrumenjwas sworn to(or affirmed)and subscribed before me on 7 I t i (date)by n ir,r - L , 1-R 1 d► (name of person providing oath or affirmation), as who ' sonallknown to me`o,r who has produced (type of identification)as identification. STAMP/SEAL Signat of Notary ub IC ►arac JULIE A,MORRON • "14.uf 4 . mo gpD0 SEAL My In Monroe County My Commission Expires June 6,2015 CP1D8-COA•DD]15U55 REV 3/24!14 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL,*- (9011--(q1470 1, (9ene.ua-B. Spencer (print name),as (title, if applicable)of (company, If applicable),licable),swear or affirm under oath,that I am the(choose one) owner applicant[]contract purchaserLjand 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 eIl�l`I►C_ ��t.MJ 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.pres. or v. Ares. • 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 true. /2�/ Signature Date STATE OFfteeRIDA �'r'�^� i�t�— COUNTY OF eetttER t ' T foregoing ins ment was sworn to(or affirmed)and subscribed before me on t //(r Il'f (date) by KS)b'f.f L. sten __(n of person providing oath or affirmation), as pry„ n -who i e s a ly known to me r who has produced (type of identification) as identification. STAMP/SEAL Signa a of Notary r1414-- blic JULIE A.MORRON SEA1 Residing in Monroe County My Commission Expires June 6,2015 CP\08-c0n-00115\155 VA-PL20140001970 REV: 1 REV 3/24/14 1063 DIAMOND LAKE CIR DATE: 216115 DUE: 2/23/15 • gig+, �- ,i 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_;LC. 30-5-5-4.5. 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. � I 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 OF 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 , 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: dizjtott,27 o?GYJr?. 22 Printed:69,05��eC l l 7S ee My Commission Expires: Residing in Rad,PDE County, IN 4.,:i,ch cc U /5-,,.10/y •••••,.•.•.,•.••• • • P •. THIS INSTRUMENT WAS PREPARED BY: .•.� �••' '•..'o•., Robert L. Ralston ` 01 Attorney-at-Law = * 400 W. Seventh Street, Ste. 103 ; ti ; —__ P.O. Box 2601 '• ' '�'. Y- 4` _ Bloomington, IN 47402-2601 •' ••~......... (812) 336-5913 �'•••.•..N D 1 irepa�.Y JENNIFER A. BONO r • t� 236T248 OR: 2451 PG: Z31S �� ISLAND TITLE GUARANTY AGENCY, INC. . 1111 r. cow=Iuw. wee Im mo. rt. 141e5 WOOS 1M OPPUC11L 1100111 If 0.111 COW, It lecidwAl to the ilauanaO of a title insurance policy. 11)13/11 at H:14M M11/R I. wet, 01311 tab 11e.. 0939N81036M MU 41114.11 tercel w a 7 MC fp i.11 trantee(ai be 000'.11 111.11 seta: WARRANTY DEED ism TITY 4a11191 10110 I (INDIVIDUAL) ficl R 1 This WARRANTY DEED, dates by DOROTHY S. HACIETT, All UNRENARRIED SURVIVING SPOUSE OF ROBERT P. HACKETT whale port attic. eddrese is 19 MAIN ST. HOLLIS, NN 03049 hereieetter celled the MAINTOP. to GENEVA B. SPENCER, TRUSTEE OF THE GENEVA B. SPENCER REVOCABLE TRUST AGREEMENT DATED DECEMBER 11, 1992. whose post*Mc*address is 2134 NORTH KT GILEAD RD hereinafter called the 4AW?M: • {Mhar.ver used herein the terra .OMAMIO*• and .OahviSe. include all the parties to thte instrument and the heirs, legal representatives and assign*of individuals, and the successors and assigns of corporations.. WITNESSETH: That the O*Ar?O1, for and in consideration of tNe sue of 110.00 and other valuable considerations, receipt whereof is hereby acknowledged• hereby g bargains, *ells. aliens, rouses. eel . conveys and confirm. ante the OaAYTR, all that certain lad situate in Collier County, Florida, vii, Lot 12, Block 2, SILVER LAKES PHASE TWO-A, according to the plat thereof, recorded in Plat Book 24, Page 54,55 of the Public Records of Collier County, Florida. ----------;R. COCI-.., THIS RECORDED INSTRUMENT - -T A�' "' ' :, TRUSTIES A POWER AND AUTHORITY EITHER TO P • . a•' :ERVE,BELL, . r,j., LEASE, ENCIAOER OR i OTERRIISE TO MANAGE AND DI8 .8 8.P-REAI, PRO^9 RTY h+"t IN DESCRIBED. nkJ_:_.,--/iit !"'� iih to and agreements of record, if any SUBJECT TO covaswce, ooadittons, r air seen,. reservations. 11',esti w COMM and assessments for the year_wit_and ant years. and to a 1/ eb Sig ordinances and/or restrict tons and kprohibition, ispoed by governmental euthorit ie \ apY. 1��, 4 TOGETHER with all the tenement*, bereditarnt \ es t el ins or in anywts. .ppertaining. `! \ � SC' le! To HAVE AND TO HOLD, the ear in fee simple eo7�niL-.- MAND THE GRANTOR hereby easements with said OIArrsi that Incept as above note, the OaAYTOI is lawfully seised of said lead is fee pimple; that the ORAMIO5 has good right and lawful authority to son and convey said land; that the OaahlOC hereby Cully warrants the title to said lend end will defend the ear against the lawful clear of all parsons ohonsoaver. IN WITNESS WHEREOF, MINIM has signed sad sealed these perms the date net torch shve. ISOM in Tl axlgYCl OF Tu gygYiso YITYtlMg. 41 6 I 1 t1A: ). ` `I fgsatur. �p2f J4Lt /.(I1 w y/ • arinit rasa. . P NI /4 ii(t.■floc e<•,7 Signature. GOAL (inf Print Yams, Filo( L ii lMW-4` i State of 1404 4 4-' County of 41+(4Vlay 1 ` C en•Notary public et the ete of I.. ...- 1 -L-+ , and ay eo..ti..ion.apir... Sd ILA•. TES rompouss(Ni'tTprT wry acknowledged before r on by 43:,-'OyCKalar° AN UNMARRIED URVIVI S USE OF ROBERT P. who fs• re n 4l il�y�tier♦or who has produced .1_,..-1,1 II a..r as tdentificetion and who ,4,_A cake an oath. '•T•' {did/did not) (type of ideal)!icett 1�o�pn11/_,(1/ .Jtf`r 1.{C Signature)--...._ l /'l i`••(,' -�c� - /rant liar. ..,r,+- LA...,. 3.'v�.+.[ ✓•I Notary Public '• (1-2.348-4■\\ '0 ORDINANCE NO.05- 14 APR ays .4 IEZ7JV i AN ORDINANCE AMENDING ORDINANCE NUMBER �`=cti 0 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT �e'ea t.t> CODE, WHICH INCLUDES THE COMPREHENSIVE �Z�20Z6� 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 1 SECTIONS 10 AND 15,TOWNSHIP 51 SOUTH,RANGE 26 N EAST, COLLIER COUNTY, FLORIDA, CONSISTING OI- = ..„.t 146+ ACRES; PROVIDING FOR THE REPEAL OE' `. ORDINANCE NUMBER 91-90, THE FORMER SILVERi;^,;; ►...— LAKES PUD; AND BY PROVIDING AN EFFECTIVFr`rn-. d� DATE. -I--1-1 �(;) cg 1. 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: 1 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. I 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 i SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED y the Board of County Commissioners of ni Collier County,Florida,this 2? day of e% 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,BROCK,CLERK COLLIER COUNTY,FLORIDA r'^ 109:!1,11)6• At •r4 M <; ' FRED W.COYLE,CH AN $1 Ap dol.,. o `gs•.alnd. ' . Legal Su i' a cy= • (1 fit%.1 ■ 111.1) Marjorie M.Student Assistant County Attorney PUDZ.A-2003-AR-4942/MD/Id i • • • This ordinance filed with ti* Page 2 of 2 Secretary of totes,Office th 2941day of , S and act:nowled^ement of rt.,„, fill g r elved this. r'., By r w,CM& SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: CONQUEST DEVELOPMENT USA, L.C. 1001 SILVER LAKES BLVD. 1 NAPLES,FLORIDA 34114 PREPARED BY: l RWTA ac CONSULTING IL. • V1 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-,200t\01-0091.00 Silver Lakes'0001 Insubstantial Pl'D Amendment#3735\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&DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION IV 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 8-1 N:.2001'O1-0091 00 Silver Lakes\0001 Insubstantial PUD Amendment 113735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan N v001'0J-0091.00 Silver Lakes\0001 tnsubstanual PUD Amendment#373512003-Amendment\Silver Lakes 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 project development 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:\200R'+01-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#37 3 512003-AmendmenASilver lakes PUD 3-22-05 Clean.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 1/2 of the Southeast '/,of Section 10, Township 51 South,Range 26 East, lying East of State Road 951, Collier County, Florida, and the South 1/2 of the Southwest '/4 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 1/2 of the North '/i 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;2001,01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-Amendment'Silver 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/TTRV) 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. 1-2 N.12001`01-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment#3735\2003-AmendmentlSilver Lakes PUD 3-22-0SClean.doc 1 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 "An 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:\20010I-0091.00 Silver Lakcs■0001 Insubstantial PUD Amendment 03735\2003-Arncndme tNSilver Lakes PUD 3-22-05 Clcan.doc B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts 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 %:\200I'01-0091.00 Silver Lakes1000I Insubstantial PUD Amendment#373S2003-Amendment Lakes PUD 3-22-05 Clean.doc 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 provided for water management 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\20011/1-0091.00 Silver Lakes 0001 Insubstantial PUD Amendment#373512003-Amendment\Silver 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 management 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 N.\200IWI-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment"373512003-Atnendment\Silver Lakes PUD 3-22-05 C1ean.doc SECTION III LOW DENSITY PARK/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,park/TTRV. 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 %z feet and an overall body length of no more than 45 feet when factory-equipped for the road. 3-1 N.12001'01-0091.00 Silver taltes\000I Insubstantial PUD Amendment 03735\2003•Amendment\Silver Lakes PUD 3-22-05 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 thereof,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 N:1.?001'∎01-0091,00 Silver Lakes\\0001 Insubstantial PUD Amendment#3735\2003-AmendmrnASilver Lakes PUD 3-22-05 Clean 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 park/TTRV 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 lot, 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:12001\01-0091.00 Silver LakesNO001 Insubstantial PUD Amendment i13735V.003-Amendment1Silver Lakes PUD 3-22-05 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:'22001\01.0091.00 Silver takesl0001 Insubstantial PUD Amendment#37 3 52003-Amendment\Silver Lakes PUD 3-22.05 CIean,doc A. Lots Rented: For those park/TTRV 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 park/TTRV 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:\2001\01-0091.00 Silver Lakes■0001 Insubstantial PUD Amendment#3735\2003-Amendment\Silver Lakes PUD 3-22-05 Ckan.doc SECTION N 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, heating, 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 rooms, 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 rooms, 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 N:L001 X01.0091.00 Silver Lake s\0001 Insubstantial PUD Amendment#3733\2003-Amendment\Silver Lakes PUD 3-22-05 Ckin.dac 4.4 USES PERMITTED: No building or structure, or pait 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:1200I1/1-0091.00 Silver lakes10001 insubstantial PUD Amendment#3735\2003-Amendment\Silver lakes PUD 3.22-05 Ctean.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:\2001'01.0091.00 Silver Lakes\000: Insubstantial PUD Amendment#3735\2003•Amendmentt\Silver Lakes PUD 3-22-05 Cleen.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:`2001101-0091.00 Silver Lakes■0001 insubstantial PUD Amendment#3735\2003-Amendmeni\Silver Lakes PUD 3-22-05 Clean.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 bather 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 serve 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. 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.\2001'01-0091.00 Silver Lakes\000I Insubstantial PUD Amendment#3 7 3 512003-AmendmentlSilver Lakes PUD 3-22.05 Clean.doc 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 Off-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 1 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 5.2.13.3. of this Document. 4) Loading Areas: As required by the LDC in effect at the time of final site development plan approval. 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:`001'x1-0091.00 Silver Lakes\0001 insubstantial PUD Amendment 113735\2003-AmendmentkSilver Lakes PUD 3-22-05 Clean.doc 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 time 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`.01-0091.00 Silver Lakes‘0001 Insubstantial PUD Amendment#373512003-Amendment■Silver likes PUD 3-22-05 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: 1) 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\23010I-0091.00 Silver Lakes90001 Insubstantial PUD Amendment 03735\2003-Amendment\Silver Lakes PUD 3.22-05 Clean.doc 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:12001`01.0091.00 Silver Lakes\0001 insubstantial PUD Amendment#373512003•Ametidmrnt\Silva Lakes PUD 3-22-05 Clean.doc 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:\2001\01-0091.00 Silver Lakes\0001 insubstantial PUD Amendment*3735\2003-Amendment\.Silver Lakes PUD 3-22-05 Clean.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 fmal 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:\2001\01.0091.00 Silver Lakes\000; Insubstannal PUD Amendment N3735\2003-Amendment\Silver Lake PUD 3-22-05 Clean.doc The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I'may 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 right-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 Inning of Collier Boulevard(S.R. 951). 8-2 N:12001■01-0091.00 Silver Lakes1000l Insubstantial PUD Amendment#3 7 3 512003-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 shall 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 future 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 P 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. 0. 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%01-009t-00 Silver Lakes'000I Insubstantial PUP Amendment#3735\2003•A, 4mentl$ilver Lakes PUD 3-22-05 Clean.doc 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 I 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 \2001\01-0091 00 Silver Lakes\0001 insubstantial PUP Amendment#3735\2003-Amendment\Silver hakes PUD 3-22-05 Clean.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 east right-of-way line of Collier Boulevard(S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve 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%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. • 8-5 1 \200101-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment N3735\2003-Amrndment%ilver Lakes PUD 3-22-05 Clan.doc 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, benns, 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 ■:12001`\01-0091.00 Silva Lakes\0001 Insubstantial PUD Amendment#3735\2003-AmendmenriSilver Lakes PUD 3-22-05 Clan.doc 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 conservation/preservation 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 308, 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.1200I0 1-0091.00 Silver Lakes\000I insubstantial PUD Amendment 17 3 7 3 5120 03-Amendmmt\Silver Lakes PUD 3-22-05 Clean.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 CR5 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 Nat 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:\2001\01-0091.00 Silver Lakcs10001 Insubstantial PUD Amendment#373512003-Amendment\Silver Lakes PUD 3-22-05 Clan.doe 8.10 SIGNS: All signage shall be in accordance 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: MI 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 function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, 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 Lakes=01 Insubstantial PUD Amendment#3735\21103-Amendment\Silver Lakes PUD 3-22-05 Clean.doe amiumrpii 1111 . 72andiffilti • STATE ROAD (200' ROW).7,____ till ' 'Dam ..t....t.i ___ _ .:._ .7 IN { ri.-. 11 iI ;----- -1--"ta„,„ I It a ki 6 A s•°::°•°•° 'arm ,, la ...ri 1 ma...„....mirtimmimpangwr, IN111,111110. ‘ Ar; ,„ 1 1, , ,, Iftigl ,.. i i s liii _ aq __ •s••s•• y f I I� j •+Wit••••°• (111111) • • °S ra4aay1 ; • a r 2 < imnos 3I. Pilo .. , • 6°(110._ 9 I 11 1 °®•ba° e•40 um =� P tea..' j---1: a :g NI x 0• •0 > Mi MI S CA > . =---- ;r �i• ewz M r� e . j � 04:04,41:::' III •I \ 11.0 >-,1.,,,...., ,,, m:, 1E0 ° a \1 ° u •° r P i + + + + + + n Eil / II ••n•• ° Z M g0 flc'� Oil¢ ��- I �� II •°•� °off• 0 ) tit% 4:0:1,3 g Se iliill � � Cl) t II • •• • i 1' 11 M•= • 1 r reog7••°tti t ii J 11 • sa lil i 1I •M•• • tti I' i-� 1� �•• ••••• II ( I ••• • • • I t 1 I I �i ••°i•••i./ +- II j 1� 1I •°°••°O°IF I I I I 1 • s 1 • o®o s')=j�-----"------I' •°• °• ea • I� li o®o•°s° : E r Il_ ll� TRACT AR in • . o.•.•' t i TRACT-AR' °••p7••e �� ,� e•••••••ACT ©l i 111.uE 1111.11112 MAN 11.1a ___.�_MO.. ._...._ EXHIBIT "A„ "- ° -c.--- r'w• writ .. Mi6..rte a a........ "',,.,C,. w,••• M � caos9remcASH t6+.Lc. 511.WR LAT5 „� • 0031100 r IY r+ r.• cIvu.�l0Ql$- 0•410•10Ik "' MPLP MA57ER MAN I . .a. �. s�.t1a..+...... ___ ® •MOW 1 M1N.0r.!�R Wu �r•.r.r•rwwrwrw /�/w_.ww..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 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 • Clerk of Court `'and"Clen Ex-officio toyo; , County Commi ssiFs By: Linda 442462) a.-.41 • A. Ho�.�`�� Deputy Clerk `'. i L k ,. • - -pd b It tl Q Sit; E � � < 7;4 Ian'° s �S ,p�1 zi a 5: I.1, ih e 0 X . 1 zOof1,11 M, 1 s g qT f FUa `w $ to ' ti ;ag vd kb rj Q., O g z n N z : x !il "IJ " pi w!'z � li sae/I 1, .1 OW i o Ed PE $ i$ We ii0k4 y TO Eli x g �. i I 4 i I ei $ �r �kyly� O --� �z m� qal ' * . mot . i•. __ . :C , . . I •� !JF g o ; ! H!J1I!JJ. �" 0 VII _ �1 4-�i z 011 1;?* y E 1 ilil gi! $7, -, z Or ;'' IVO _ :b i! 1! ;Pliii! w O P: 11111. 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P a 1` - g 4 :� �< Y�j��W �kyg� k�jg .gk�bM c_ eg��a �� "q, /111;6> , ty p�� k � i � ri b�� c� a�� e b4'a� � O 7 c• .W1' n w+ IR! k •=s V i t � 1pp'9 P e 1 111;0 ° I�r 10 r � g!Pt Ilwli "' i , ''° 1 ki 41 gb ' l 5 xi i E ! it). 06111;14 ik �1 e e 4 Cw^3W E: w . w w nw B: , et: n w Attachment C 4.1 P.; i 11,8, 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 CenturvLink 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 ly, / ifs i,/ a ,,.�►-•�!, Glady H : es Ne .rk 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,BIock 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, ,PAeche Philip Davis Associate Engineer-DSBN Florida Power&Light Co. qui itBON. Engineering, leg. 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 _u1GENQSI/ 4 DN:cn=Joseph Joseph C.Kosinski,PE = � m=sm C Kosinki, o, ou, Structural Engineer, FL PE# 52288 A\ — _ email=jckosinsk '',s°„;„gff'' i @cs.com, c=US Marianne Shaw m.burtshawvahoo.com Date: Mike Richwalder 2014.12.17 711 5th Ave Suite 200 10:53:02 -05'00' Naples 239-261-0592 mike c(D.zampogna-law.com Attachment E / COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT 1: 1999091795 PERMIT TYPE: BR2A VALID 1: 795 ISSUED 10-07-99 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 #: 0000073625007347 SECTION-TOWNSHIP-RANGE 10 51 26 OWNER INFORMATION: CONTRACTOR INFORMATION:, y��y � SPENCER TR, GENEVA B DIG-M INSTALLERS, INC. \,W' ITF GENEVA B SPENSER REV TR 209 LARKSPUR LANE UTD 12/11/92 BLOOMINGTON, IN 474089627 MIDDLE RIVER,MD 21220-2061 CERTIFICATE #: 18726 PRONE: (800)662-3446 FCC CODE: 434 - R/ADDITION. ALTERATION CONSTRUCTION CODE: 10 1 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 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)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 WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Attachment F Building Review and Permitting Page 1 of 4 Permit Tracking and Inspection COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT PERMIT NBR: �v JOB DESC: ADD. RAISED DECK, ° STATUS. ,. JOB LOCATION: 1063 DIAMOND LAKE CIR FOLIO NUMBER: 0000073625007347 SUBDIVISION: 1642 i 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 END DATE STATUS SUB DBA NBR STATUS DATE CLASS 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 RE PREFERRED ELECTRIC SERVICE,INC 13766 ACTIVE 10/05/1999 CANCEL ME PREFERRED ELECTRIC SERVICE,INC SubPermits: !PERMIT ! Ir Tj http://apps.colliergov.net/c _ ._ ,-:.. _......).cfm?PermitNbr=199... 9/23/2015 Building Review and Permitting Page 2 of 4 II■BR IISTATUSIITYPE IICERT_NBRIIDBA IIJOB DESC FEE SCHEDULE: • FEE AMOUNT ENTER STATUS DESCRIPTION WAIVE j 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 Inspection History: • REQ LASS DESCRIPTION/REMARKS PRI DAT RES RES REQ i INSPECTOR �C DATE CODE DATE 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/commdev/permits/tracking_insp/A11Details.cfm?PermitNbr 199... 9/23/2015 Building Review and Permitting Page 3 of 4 108 FINAL ELECTRICAL 0 11/03/1999 75 11/03/1999 RADFORD— M 109 ST FINAL 0 11/09/1999 90 11/09/1999 LUEDTKE_K ELECTRICAL — FINAL 111 ELECTRICAL 0 11/02/1999 91 11/02/1999 HARRISON_G COMPLETED AT 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 115 ELECTRICAL 0 12/03/1999 90 12/03/1999 HARRISON G A.M. FAIL, P.M. — PASS 120 ST FINAL 0 11/02/1999 90 11/02/1999 HARRISON_G ELECTRICAL FINAL 122 SS 0 ELECTRICAL FINAL 127 ELECTRICAL 0 134 RF FINAL 0 11/09/1999 90 11/09/1999 HARRISON G ELECTRICAL FINAL 200 PB ELECTRICAL 0 11/02/1999 81 11/02/1999 NARGIP 300 ME FINAL 0 11/02/1999 90 11/02/1999 NARGI P ELECTRICAL — 301 ME FINAL 0 12/03/1999 90 12/03/1999 NOONAN_D ELECTRICAL 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/AllDetails.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 U4 J U i v Y - CY w a. ,4 -b u z r J rnY O N M ( ` n g r- J N In — f�o° Zj Q }- .w.r � g C th L1_1 0 H n E3 01 NcnU � � Zm X� ) J -Al N W U a10 N 1D 511 3 °E ; III y ,II; 1 I - M =.2 Pflig ap ,A. t I � I 14k o CO NI Y LL r .1L W I p cti C T CO O H U 0. cc fl• r o '( II©II z ET 64 N tn E V R ® o * `„ 0 ai 1 c0 3gt II/ O ' 0) m V' Y c o ` _A' poi 0 N c T O i G C7 O Q (V ii CP x 4d I / I El < - 4a UC U L v+ 1+ Y 10 N H ,Ui 1:0 V ° m e N w w 0 N 0 1 n X in es, 1 • 0 N U d .-N N 0 N oW g V iF)N4 >r LL m ® 416 8tz 14 o Gfi/ /35 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#4cI6197 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 YOURLENDER OP ' " TTAT1TTt1 *1TTl1T' TTl."T1TT1.T/' 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- I 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. __ 1 1 III .. pi, : . , ... .,, . : rill ,,..,, ,.: - ,.. . 3 .... ., ,,,„:„:„,...„..„:.:,..„,...„... ...,: ,, ,„.... „ .. .. ., „, , , .,, , , .„.., , .._,,,‘„,..,...„,„,„., ,,,..„,, , ,, , . ,..„.„..„,.....,,,,,.....„, ,.,,,.., vs',,1,411.. .! �, gyp, ZVL(CUD)-PL20151D®o; - 10/22/15 Teresa L. Cannon City Gate Development From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Tuesday, September 22, 2015 11:10 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez,Wanda Subject: Advertisment Request: City Gate Comparable Use Attachments: CIty Gate Comparable Use_AD Request.docx; CIty Gate Comparable Use_Sig Page.pdf Good morning, Please advertise the City Gate Comparable Use petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Coder County 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. 1 September 22, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 2, 2015,and furnish proof of publication to the attention of Rachel Beasley, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 _1:4_Allek _______ Authorised Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,on Thursday,October 22,2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon From: Minutes and Records To: BeasleyRachel Subject: RE:Advertisment Request: City Gate Comparable Use Thanks, will proof once I receive it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: BeasleyRachel [mailto:RachelBeasley(acolliergov.net] Sent: Tuesday, September 22, 2015 11:10 AM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Advertisment Request: City Gate Comparable Use Good morning, Please advertise the City Gate Comparable Use petition attachment for the October 22, 2015, HEX hearing. A 2x3 map is not required for this advertisement. Sincerely, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.8202; Fax: 239.252.6483 Cc� er Corsntty 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. 1 Acct #076397 September 22, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZVL(CUD)-PL20150001787— City Gate Development, LLC Dear Legals: Please advertise the above referenced Legal Ad on Friday, October 2, 2015 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,on Thursday,October 22,2015,in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite#101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, September 22, 2015 1:19 PM To: Naples Daily News Legals; Gori, Ivonne (ivonne.gori @naplesnews.com) Subject: ZVL(CUD)-PL20150001787 - City Gate Development Attachments: ZVL(CUD)-PL20150001787 (HEX).doc;ZVL(CUD)-PL20150001787 (HEX).doc Legals, Please advertise the attached Legal Ad on Friday, October 2, 2015.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: ivonne.gori @naplesnews.com Sent: Friday, September 25, 2015 12:08 PM To: Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad:713577, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-20-713577-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 > Advertising Receipt NapLr Napirs B IaiLj N s Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori @naplesnews.com \ccounl II lormalioil Date:09/25/15 Ad Id:713577 Ad Class:16180 Account Number:507876/N076397 Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com Company Name:COLLIER COUNTY HEX Start Date:10/02/15 Stop Date:10/02/15 Contact Name: No.of Inserts:1 Total Cost:$545.17 Email:LAURAWELLS @COLLIERGOV.NET Columns Wide:2 No.of Lines:53 Address:2800 N HORSESHOE DR,NAPLES,FL,34104 Phone:(239)252-5851 Fax:(000)000-0000 Total Cost:$545.17 METHOD CARD TYPE NAME ON CARD LAST 4 DIGITS EXPIRE DATE CHECK NUMBER AMOUNT PAID TOTAL COST $545.17 PAID AMOUNT $0.00 AMOUNT DUE $545.17 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Heating Examiner(HEX)at 9:00 A.M.,on Thursday,October 22,2015,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs anyaccommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 2,2015 No.713577 Teresa L. Cannon From: BeasleyRachel <RachelBeasley @colliergov.net> Sent: Friday, September 25, 2015 2:05 PM To: Teresa L. Cannon; Rodriguez,Wanda Subject: RE: 713577, NOTICE OF PUBLIC HEARING Notice is h Looks good to me Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, September 25, 2015 12:12 PM To: RodriguezWanda; BeasleyRachel Subject: FW: 713577, NOTICE OF PUBLIC HEARING Notice is h Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.goriPnaplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Friday, September 25, 2015 12:08 PM To:Teresa L. Cannon Cc: ivonne.gori@naplesnews.com Subject: Ad: 713577, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 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. 1 Teresa L. Cannon From: Rodriguez,Wanda Sent: Friday, September 25, 2015 2:43 PM To: Teresa L. Cannon Cc: BeasleyRachel Subject: RE: 713577, NOTICE OF PUBLIC HEARING Notice is h Looks good here too. 'Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 Original Message From: BeasleyRachel Sent: Friday, September 25, 2015 2:05 PM To: Teresa L. Cannon; RodriguezWanda Subject: RE: 713577, NOTICE OF PUBLIC HEARING Notice is h Looks good to me Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, September 25, 2015 12:12 PM To: RodriguezWanda; BeasleyRachel Subject: FW: 713577, NOTICE OF PUBLIC HEARING Notice is h Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.gori @naplesnews.com [mailto:ivonne.gori @naplesnews.com] Sent: Friday, September 25, 2015 12:08 PM To: Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject: Ad: 713577, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori 1 Legal Advertising Specialist 0: 239.213.6061 1 Teresa L. Cannon To: ivonne.gori @naplesnews.com Subject: RE: 713577, NOTICE OF PUBLIC HEARING Notice is h Looks good, ok to run! Teresa Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: ivonne.gori @naplesnews.com [mailto:ivonne.gori(5)naplesnews.com] Sent: Friday, September 25, 2015 12:08 PM To:Teresa L. Cannon Cc: ivonne.gori @naplesnews.com Subject:Ad: 713577, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Notice Notice NOTICE OF PUBLIC HEARING. Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 22,2015,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will I become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with adisability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.713577 October 2,20I5 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX COLLIER COUNTY HEX 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 507876 2015 713577 State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Dan McDermott, says that he serves as the Inside Sales Supervisor, of the Naples Daily news, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Collier County, Florida, for a period of 1 year next precending the first publication of the attached copy of advertisement; and affiant promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. AD SPACE: 53 FILED ON: 10/14/15 PUBLISHED ON: October 2, 2015 Signature of Affiant r c Sworn to and Subscribed before me this ` d�vs �o�� a••. "� N E a1,` z „ -_• ,,to . Commission#FF 900870 Personally known by me L., - r Z l •7 �': �; My Comm Expires dul 1k 901v ""°,,, Banded through National Notary Assn. a) C.) NAPLES DAILY NEWS m Friday,October 2,2015 a 170 :'a Notice Of Sale Notice Of Sale Notice Of Sale Notice Of Sale Notice Notice O Z FOR THE CERTIFICATE sprocieeding or other ort NOTICE OF MUG SALE DEPARTMENT OF HOMELAND SECURITY HOLDERS OF THE CWALT,INC., u are entitled, en activity, ALTERNATIVE LOAN TRUST you are tilled,pat no cost TO BE HELD AT: THE LOCK UP SELF STORAGE FEDERAL EMERGENCY MANAGEMENT AGENCY 0 200641CB,MORTGAGE PASS M.TH t°:the e.Requests 025 Piper Blvd. opo THROUGH CERTIFICATES, c Naples,Florida 34110 C seeC et))d FL erd=Tit"I5.01.3687PeThe Dm dm[ Z SERIES 2a PLAIN 8, ler accommodations may I Homeland Security's e p m PLAINTIFF, be presented on this form, DATE:October 9,2015 BEGINS AT:12:00 p.m. ys Federal Emergency ManagementAg re VS. In another written format,or of solicits technical Information Or comments proposed LL «ally. pease complete the CONDITIONS:All units will be s0M to the highest bidder.Bids flood hazard determinations for the Flood Insurance Rale Map Q DINO M.ROGG ERO;RO ANY AND ALL letac T 000.cjis20.oryqform and eturn as fart by cash only for cah rd,or unit in certified ed unds Payment nptmust ersonal ch9ake (FIRM), FI report and eere applicable, These flothe od Insurance ancetSttudy(FIS) V,I UNKNOWN PARTIES CLAIMING p advance as possible,but hours.Payment All go0Us must be removed from the unit within 24 conele deosig¢tons,'orSPle�elgue1[o°y noutlwsy'eThe°FI Mar d a BY,THROUGH.UNDER,AND preferably at least seven led hours.Payment due immediately upon acceptance of bid.Unit z beer 2 AGAINST THE HEREIN NAMED days beforeVyyour scheduled availability subject to prior settlement of account. INDIVIDUAL DEFENDANT(S)TO BE cac tyauyyeororesoesl Iazalyddeterminatloneccordance withort gphIssunceofaedLttreo Mtap Revision U WHO DEAD ORE OR NOT p IVE,OWHE HER by a qualified intlrviduM with Unit 16,Alexander Gotta p gutletlons These determinationshea he basis forf the the Natlplzin X SAID UNKNOWN PARTIES disability,this document 2003 White Ford SUV management measures that your community Irequired t tl pt = M MAY CLAIM AN INTEREST AS willibete f0 a av if in an September 25 and October 2,2015 No.708863or show evidence of having I effect 1 qualify or rein qualified to SPOUSES,HEIRS,DEVISEES, a n^ ar participation In the NationalFloodInsurance program. Far GRANTEES, OR OTHERALE ...Mt...In completing this r I Manor t On the propose flood hazard pr determinations and CLAIMANTS; ISLAND WALK form due requestto your tllsa ility, Noticeor Notice information on the statutory 90 day period proviatlne/tlp for appeals, w0. HOMEOWNERS NKA ANGELATION, in tano etternatarles Roe NOTCE OF PUBIC HEARING b(eaOn call the FWA Mapilntarmanonfe%changelFMIX)toy treeeea[ Ri INC;TENANT 1 NNE ANGELA C REYNOLDS;AND TENANT 2 please contact Charles Rice, 78$7-FEMAMAP S,2005877-33fi-2627). U. NKA JOHN DOE Administrative Court Services Notice is hereby given that a public hearin ill be held October 2015 No.716943 Manager. (239) 2l.eeg.0, by the Collier Courtly Meering Examiner(H at Y.N A.Y., G 0 DEFENDANT(S). ¢antl«ice@ndfs20.Org. Thursday,October Thad 2015,in the Hear ng Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610, U = W CLERKSNOTICE f Dated this 18 day of Naples FL 34104,to consider September,2015 Public NOLIGeS Public Notices FORECLOSVRE L < (SEAL) PETITION NO.PMC-PL20150001668--Lodge/Abbott Associates d j v NOTICE IS HEREBY GIVEN DWIGHT E.BROCK LLC d Lodge/Abbott Investments Associates, LLC is DEPARTMENT Of HOMELAND SECURITY that, i accordance with CLERK OF THE CIRCUIT COURT questing approval of a minor change,pursuant to LDC Section FEDERAL EMERGENCY MANAGEMENT AGENCY Q O the Plaintiffs Consent Final BY:/s/Kathleen Murray 10.02.13.E.3.c,to the Cocmentchee Bay PUD Ordinance so000- .Om. ` T Judgment of Foreclosure As Deputy Clerk 88 as amended by Settlement Agreement and Release approved proposed flood Hazard Determinations for the City of YareO �J �J entered the 24th day of yap Ness law Firm.PLC June 9,2008,to remove an affordable housing commitment Island,Collier County,Florida, and Case Ne.15046066P. 020z Z Naaction,i1 lhll 1239 E.Newport Center Drive CountyeThemontuary.pacated of 3 million dollars no Collnortheast The Department of Homeland 5e=urity's Federal Emergency above- styled Suite 0110 Wiggins as Rood an V northwest and nSections Management A9e^cy (FEMA) 5licits technical Information oe sh on and best sell quadratus of Wiggins Pass Road and Vanderbilt Drive in Sections eats On pro aced ibatl ea reterminatlom for[be for cash on October 19 2015 Deerfield Beach,Florida 33442 8,16,17 and 20,Township 48 South,Range 25 East,Collier Flood Insurance Rate map(FIRM).and where appli=abl¢,the Flood be,fling at 11:00 A.M.In the Phone(954)571-2031 County,Florida,consisting of 532.09x acres. Insurance Study(FIS)reyour community. . lobby on Me third floor of the Fleadlnesesa lewilgem hazard determinations bmay ase flood the addition or modiilficatioln of Courthouse Annex located Any person claiming All interested Base Flood ElevatMns,baseflood depths,Special Flood Hazard Area fn at 3315 Tamiami Trail East. g an parties are Invited to appear and be heard.All boundaries or zone designations,or the regulatory floodway.The Naples, Florida 34112, the Interest In the surplus from materials used in presentation before the Hearing Examiner will FIRM and,if applicable,Phe FIS report have been revised to reflect a) following described property: the sale,if any,other than the ecome a permanent part Of the record. these flood hazard determinations through e f a Letter of property ownerf the data Map Revision(10MR) accordance with Title 44.Part 65 Of the C LOT159,15LAN WALK,PHASE f the U Pendens must file Copies of staff report are available one week prior to the Code of Federal Regulations .These determinations are the basis 0 ONE, ACCORDING TO THE efaim 'thin 60 days after hearing.The file can be reviewed at the Collier County Growth for the floodplain management measures that your community is PLAT THEREOF RECORDED Se sale. Management Department,Zoning Division,Zoning Services required to adopt or show evidenceofhaving In effecttoqualify cor e N IN PLAT BOOK 29,PAGES MO September 25 and October 2, Section,2800 North Horseshoe Drive,Naples,FL. a qualified for participation in the National Flood Insurance 1 THROUGH 106, INCLUSIVE, 2015 No.706334 Program. For mere Information on the proposed flood hazard OF THE PUBUC RECORDS OF The Hearing Examiner's decision becomes final on the date determinations and Information On the statutory 90-day period COLLIER COUNTY,FLORIDA rendered.If a person decides to appeal any decision made by pravidetl fora po OIs,please visi[FEMA's website atwww.(ema.gov/ ��r�sy�lpyp� the tallier County Hearing Examiner with respect to any matter plan/Dreven�Mm/bfe,«call the FEMA Map Information a%change L Co_mmon)y known 5692 There's s7 considered at such meeting or hearing,he will need a record of (FMIx)toII free at 1-877-FEMA MAP(1-8]]-336."Pr 0 EUTHERA WAY.NAPLES.FL that proceeding,and for such purpose he may need to ensure September 25 and October 2,2015 No.703W0 34119 that a verbatim record of the proceedings is made,which record 1 placelutles the testimony and evidence upon which the appeal is ;C 0 C ANY ESIN THEI AN nofloe based. O 'C INTEREST IN THE SURPLUS l Notice Notice i- (� OF THE E SALE.IF ANY,OTHEROWNER, lik QQ lisysp T��sppl ifyouareaperson witha disability whoneedsany accommodation > 0 THAN THE PROPERTY OWNER, G•••l ll'1G In order to participate in this proceeding,you are entitled,at no NOTICE OF PUBLIC HEARING 0) N In AS OF THE DATE OF THE LIS cost toy u,to ision of cer[ainasslntance.Please contact PENDENS,MUST FILE A CLAIM the Collier County Facilities Management Division located at Notice is hereby given that a public hearing will be held by 0WITHIN SIXTY (60) DAYS 3335 Tamiami Trail East,Suite#101,Naples,Florida 34112.5356, the Collier County Hearing Examiner(HEX)at gMOOer'A.M.,on Q < AFTER THE SALE. (239)252-8380,at least two days prior to the meeting. Thursday,October 22,N15,In the Hearing Examiner's meeting DATED:Sect bet Z4,2015 Real Estate t 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: DWIGHTE.BROCK,CLERK Mark Strain, City COLLIER COUNTY COF THE IRCUIT T Collier County,Florida Examinerf Hearing LLClrequestts affirmation a zoning7verification Gate Development, issueld C COURT October 2,lOiS No.714242 by the Planning and Zoning Division pursuant to LOC Section .-. By:/s/Kathleen Murray 10.02.06 in which County staff determined that the proposed Deputy Clerk uses of air conditioned,enclosed mini and If-storage (Court Sean warehousing(SIC 4225)and n - conditioned,outdoor Buy & Sell ac Weot omina-antlself-sorage(SIC 42are comparable In CERTIFICATE OF SERVICE nature to Omer permittee principal uses m the area described West of the Florida Power 8 Light Easement"under Section I HEREBY CERTIFY that a fast! 3.2(A)of the City Gate Commerce Park PUD,Ordinance No. IN true and correct copy of the 'Localfieds 88-93,as amentled.Alub ect pro¢Kies are IOcaletl On the foregoing has been Purnlshetl Naples Daily News Localfieds a t side of Collier Blvd.(b 95I,lust north of Interstate 75, Lf) by United States Mail,this 25 In Section 35,Tiwnohip 49 South,Range 26 East,Collier County, tlay,of September,2015 to: Florida,consisting of 27.080 acres. LO Dv In Menne-Moorman.Esq Busch White Norton,LLP All interested parties are tion tl to appear and be heard.All K 505 1325 South Flagler Street.Suite materials used in presentation before the Hearing Examiner will LL) West Palm Beach, Florida ee became a permanent part Of the record. eel$.can Copies of staff report are available o eek prior to the Eh < bmannbwnfirc.00m mdlW hearing.The file can be reviewed at the one Courcy Growth V October 289,2015 No.715706 Section,2800 North Horseshoe Drive,DivNaiples,FLonin9 Services I,- ZNIZ 2014-CA-002190 The Hearing Examiner's decision becomes final on the date IN HE CIRCUIT COURT .- rendered.It a person decides to appeal i. OF THE TWENTIETH JUDICIAL - e Collier County Hearing ExaminK with respectd to anecision y by er CIRCUIT,IN AND FOR considered at such meeting or hearing, y cord of Cy COLLIER COUNTY,FLORIDA proceeding.and for such he will need a record of CASE N0.2014-CA 002190 purpose he may need t0 ensure ata verbatim record of the proceedings is made,which record HSBC BANK USA N A that the testimony and evidence upon which the appeal is EAS TRUSTEE FOR THE to be based. L REGISTERED HOLDERS OF 'F 3�yr F en It'i/t' Ifyouarea THE RENAISSANCE HOME person wthadisabltywhoneeds any accommodation Z EQUITY LOAN ASSET-BACKED M order to participate In this protean ng,you are entitled,at no Q CERTIFICATES,SERIES 2004-/, cost to yon,tothe provision of certain assistance.Please contact _ Me Collier Count Facilities Naples, pl Division located at C T Plaintiff, - `' County E 0 239)2528380 3335 Tamiami of leasttwoitlayslprio toltheFa aoeldeg 6112-5356, JOHN • MECKLENBURG•SANDRA L MECKLENBURG,ET AL -Defendants ! - Z U N O NOTICED FOREECLOSURE t; - ell usabout your ride! Mark Strati, (n rrNn Collier County,2,05Florida r < _ .- 0 NOTICE IF HEREBY GIVEN • October 2,2015 No.713577 pursuant t a Final Judgment WE WANT TO HEAR FROM YOU. t Foreclosure dated Notice Notice September 16, 2015, d ed In Case No.2014-CA- EMAIL A STORY AND PICTURES VERONA WALK thelTWsveailelh Circuit 6i coli ABOUT YOUR VEHICLE TO: COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2015/2016 REGULAR MEETING SCHEDULE In and for COLLIER County, Florida. HSBC BANK USA, NOTICE IS HEREBY GIVEN that the Board Of Supervisors of the N.A.AS TRUSTEE FOR THE ERIC DAMSCHRODER ED@NAPLESNEWS.COM Verona Walk 10:00 a Community Development t will hold Regular REGISTERED HOLDERS OF Meetings at 10:00 a.m.in the Town Center at Verona Walk THE RENAISSANCE HOME AND WE'LLPUBLISH IT IN THE NEXT ISSUE OF lorated at 8090 Sorrento Lane,Naples,Florida 34114,on the EQUITY LOAN ASSET-BACKED following dates: CERTIFICATES,SERIES 2004 October 15,2015 4 (hereafter 'Plaintiff"). October 15,28Ies Is Plaintiff and JOHN t MECKLENBURG; SANDRA TT �� - December17,2015 MECKLENBURG;VINTAGE BAY January 21,2016 CONDOMINIUM ASSOCIATION •0February 18,2016 INC,are defendants. on ght 9 I • ^ Larch 17,2016 E.Brock,Clerk of Court or .,Find new cars.Find used cars.Find •eaters.All locale April 21.2016 COLLIER County Florida will - 2016 sell to the highest and a stv bidder for cash in the LOBBY ' on the third floor lobby of the +'.*S 1.l}I NagesNn s-m Man Courthouse Annex, CII '"iter, p June]fi,2016 [LS�allll:1!'llfy July Il,2016 August 1e,201fi IA LC) County CouTrail East, 33151 ..1 --- - _�_,_-_ September15,2016 Tamiami 112 aEast,Naples, _�� The purpose of the meetings is to conduct any business coming Florida34112, t 11:00 a.m., before the Boattl.Meetings on the 14 day of October �� conducted of in accordancefor any a provisions of ollcFlo rdailleed l be 0 1015,the following described Copies of the Agendas for any of the meeting y be obtained p openy as set forth in said p- by contacting the District Manager at(239)4445790 and/or /rte 1 Final udgmnt,t0 wit - toll free at 1877.737.4922 five(5)days prior to the date of the "R DWELLING UNIT NO. particular meeting. 4 IN VINTAGE BAY A From time to time one or more Supervisors by CONDOMINIUM ACCORDING telephone;therefore, [tislocation these may ingsa`horn N TO THE DECLARATION Of ` will be a sp akerteel tin abthatove interon sand erf Ily O CONDOMINIUM DATED - can a pone presentso be a NAROH 6,1997,FILED FOR • 'formed of the discussions taking place either in person or by �•�'1 RECORDS ON MARCH 7,1997 -� telephone communication. Said meetings may be continued ^�( AND RECORDED IN OFFICIAL as found necessary to a date and time certain as stated on the L RECORDS BOOK 2291,PAGE recut +� ^' 1604,OF THE PUBLIC RCORDS .p --- -. W OF COLLIER COUNTY, ` If an per decides tooppeal anydecision made with respect it FLORIDA,AS HE SAME HAS to any matter consideretl at thesmeetings,such person will a,V BEEN AMENDED;TOGETHER / r • need a record of the proceed ngg and such person may need to WITH THE UNDIVIDED �'''''''-^��ltt Insure that a verbatim record 0f the proceedings la made at his in O INTEREST IN THE COMMON \ " �I" or her own expense and which record includes the testimony ELEMENTS DECLARED IN pit, \ and evidence on which the appeal la based. viJ SAID DECLARATION Of ! -' In accordance with the prov s ons of the Americans with CONDOMINIUM TO BE THE `- APPURTENANCE TO \ �_1'" Disabilities Act,any person requiring special accommodations 1�i'`L8 O ABOVE DESCRIBED DWELUNG or interpreter to participate at any of these and/ors should UNIT. ,.r-�@ contact the District Manager at(239)444.5790 and/or toll free tleig / _ \ -• Sir877n meeting.!mot seven(7)days prior to the date of the K you are an individual with particular meeting. �� a disability who needs an A..r _^ accommodation In court , VERONA WALK COMMUNITY DEVELOPMENT DISTRICT �Ca�aT1�� /\1 Io cg participate in a our[ lt October 2,2015 No.717606 1'e� RS 13 •L Lf{', OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: October 27, 2015 RE: Hearing Examiner Decision(s) from October 22, 2015. Attached are the signed HEX decisions from the Hearing Examiner hearing on October 22, 2015. Attachments: HEX No. 2015 —40 HEX No. 2015 -41 HEX No. 2015 —42 [05-COA-01253/813782/11744 HEX NO. 2015—41 HEARING EXAMINER DECISION 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. DATE OF HEARING: October 22, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. ANALYSIS: No objections were received for this application and no members of the public were in attendance at this hearing. The Citygate Planned Unit Development (PUD) is a mixed commercial and industrial PUD that originated in 1988. The PUD is located within the Interstate Activity Center #9 overlay, at the northeast corner of 1-75 and Collier Boulevard. This overlay was specifically created to assist in maintaining the area as an"enhanced gateway" into the greater Naples area. The applicant is the original and current developer of the PUD. The applicant originally requested that this comparable analysis apply to storage facilities on three platted parcels. Upon the issuance of the zoning verification letter, the comparable use was expanded to include fourteen parcels for storage uses that included both air conditioned enclosed mini and self-storage warehousing and non-air conditioned outdoor accessible mini and self- storage warehousing. [15-CPS-01473/1217112/1]53 1 of3 At the hearing the applicant requested that the comparable use request be limited to the originally requested three lots and to air conditioned, enclosed mini and self storage warehousing. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20150001787, filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing City Gate Development, LLC, as revised at the hearing on October 22, 2015, requesting approval of a zoning verification letter determining that the proposed use of air conditioned, enclosed mini- and self-storage warehousing (SIC 4225) is 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, on the property described herein, and affirms staff's determinations as stated in the Revised Superseding Zoning Verification Letter attached as Exhibit"A", subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Revised Zoning Verification Letter ZVL—PL20150001787 LEGAL DESCRIPTION: See Ordinance No. 88-93, as amended, the City Gate Commerce Park PUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. [15-CPS-01473/1217112/1]53 2 of 3 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1b '2, 1- 201 'c ; .At‘' Date Mar Strain, Hearing Examiner Ap ved as to f and legality: Scott A. Stone Assistant County Attorney [15-CPS-01473/1217112/1]53 3 of 3 1 Cotfie-r Comfy Growth Management Department— Planning & Regulation Zoning Services Division October 23, 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 26095000264, 26095000280,26095000303 (This letter supersedes the original ZVL (CUD)-PL20150001787 dated September 3,2015) 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, is comparable in nature with the permitted uses for lots 10, 11, 12 of the City Gate Commerce Center Phase I Plat, within the City Gate Commerce Park PUD, 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 air conditioned, enclosed mini- and self-storage warehousing use is 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 comparable and/or compatible with the listed permitted uses Exhibit A Page 1 of 2 2 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 fall 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 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.All 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: fat_ Rachel Beasle Planner Ray Manager y anager Zoning Division Zoning Division C:Annis Moxam, Addressing Section ZVL(CUD)-PL20150001787 (correspondence file) Exhibit A Page 2 of 2 AGENDA ITEM 4-D Co Vier County 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 Steil 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 I-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 $ EXHIBIT 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" to ‘ i ,,, S. ,A ,. :4 4 . , i �. '.. at t f t 11 a ...- 7-------74/51------ - -- 4"1* ''- .‘ N, 011.""*'-. 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 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. i 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: , 6)// 2t / )‘) .sir. RACHEL BEASL,EY, PI,,ANNER DATE ZONING DIVISION REVIEWED BY: AL. /a- RAYMI D V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION 22- is MICHAEL BOSI, A1CP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150001787 page 6 of 6 City Gate Commercial Park 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 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-PL20150001787 (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: fred @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: "I 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 Gate Commerce Park PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Page 1 of 91 Attachment A 9& ty 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 ❑ © ❑ website) Determination request and the justification for the use © n ❑ PUD Ordinance and Development Commitment information © ❑ ❑ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all 0 © ❑ 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 In Applicant Signature Date I Pp g 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 that 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 Division' or CORPOu_MUys 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 L View image in PDF format 04/30/2012 --ANNUAL REPORT View image in PDF format 02/28/2011 --ANNUAL REPORT L View image in PDF format 02/17/2010 -- ANNUAL REPORT C View image in PDF format 04/28/2009 --ANNUAL REPORT L View image in PDF format 04/21/2008 --ANNUAL REPORT L- View image in PDF format 02/05/2007 --ANNUAL REPORT r View image in PDF format I — 05/01/2006 --ANNUAL REPORT I 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 I View image in PDF format Copvriaht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/31/2015 DE DAVIDSON F N C.i N F-F.FI NC 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.davidsonengineering.com Page 3 of 91 DBE DAVIDSON EXHIBIT A Page 4of91 DE DAVIDSON 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-5 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 Gate Commerce Park PUD—Ord. 10-42: Zoning Verification—Comparable Use Determination Request 1 www.davidsonengineering.com Page 5 of 91 DE DAVIDSON FIJ�.INEFkINC. 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 Park 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 DC DAVIDSON EXHIBIT B Page 7 of 91 , 1011 Mil MN ORDINANCE 8A- 93 i I AN ORDINANCE AMENDING ORDINANCE 82-2 <<�, C, THE COMPREHENSIVE ZONING REGULATIONS 1-5,;c 7� r' FOR THE UNINCORPORATED AREA OF COLLIER SJ'„•y, .4 I' COUNTY, FLORIDA BY AMENDING THE ZONING '^.• r • i ATLAS MAP NUMBER 49-26-7 BY CHANGING THE •� s ZONING CLASSIFICATION OP THE HEREIN pas.. • DESCRIBED REAL PROPERTY FROM A-2 Uc• AGRICULTURE TO "PUD” PLANNED UNIT � • DEVELOPMENT KNOWN AS "CITY GATE COMMERCE -, -• i; • PARK" FOR MIXED USES NON-RESIDENTIAL, COMMERCIAL/INDUSTRIAL/ OFFICE/RELATED tv N 'J"' SERVICES FOR PROPERTY LOCATED AT THE C..) =rte: NORTHEAST QUADRANT OF I-75 AND C.R. 951, • ac `g ^7C�J 287.187 + ACRES, IN SECTION 35, TOWNSHIP E! -'"0 49 SOUTH, RANGE 26 EAST; AND PROVIDING ri AN EFFECTIVE DATE. 0'•4'x ',' WHEREAS, William R. Vines of Vines and Associates, Inc., representing Citizens and Southern Trust Company (Florida) :c. National Association, Naples, Florida as Trustee under Land roc .: 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 I \ s'' ' L-r- Commissioners of Collier County, Florida: r : ,.i.1,', i“4'.` :;'. ;.` SECTION ONE: ', '-•"' The zoning classification of the hereinafter described '? real property is changed from A-2 Agriculture to "PUD" . Iy. 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 . 't 14 amended accordingly. s. .;: SECTION TWO: l - This Ordinance shall become effective upon receipt of I. 4 f,.A- _ notice from the Secretary of State that this Ordinance has ip° i . .,11::— . been filed with the Secretary of State. • � •;, f DATE: December 13. 1988 BOARD OF COUNTY COMMISSIONERS 'SJ '+ 6'... COLLIE COUNTY, AIDA :ATTEST: ,. BY:A O • S ' JAMES C. GILES, CLERK RT L. SAUNDERS, CHAIRMAN • .c ' Thh oedtr+or+ee fired with *e I 3 , APPROVED A$.4O FORM AND LEGAL SUFFICIENCY and 1 liiiFift4 • � I�11RO ECM. STU NT 1 . y. ASSISTANT COUNTY ATTORNE384 0��3 Pi:I 82 MM' 'j Page 8 of 91 t. -wi ��Y f,.„, e . , ..,,....„ . . .,, , . , . ... , ,,,..,.. I ," ,a311.2'' , ' 3-'0 • h y y I ; + N� CITYGATE COMMERCE PARK • ,., Yr. . 5 � . ti. ,,,, PLANNED UNIT DEVELOPMENT DOCUMENT q„e q • , r '1" --„, • i r '' 1 . .: Prepared by 3 . .'•'`4 `,k} Vines t Associates. Inc. 715 Tenth Street South . t }j. Naples, Florida 33940 ' 4 'E ., Phone: ($133 262-4164 `; . Date Filed: 4-16-87 Date Approved by CCPC: vr• Date Approved by BCC:12/11/83 i• On linan'. Number: 88.97 Y i Y ' A . to 1.. • , ... r , i, k .: , ....7.4.1t VW 033►lf E t r. /.`77'/I Page 9of91 mar i . r 1:. .r; t.t:••-",,,,, ., ..• . • , . .1.,.....! . :-,-..- •.•,:(er%. II ' .. 1' ;I .1::,,, • 1. .1.!.,-,,b INDEX i .4,..-, - :,;,` • 1 ,:i 1Tt . . ,PA, .1`..• " I`,f:• 'i'.„./ 4 ' 16,C:4 ■• . I'I.:"ti: ■,:. SECTION !AM •t • 4.0:- # ., 1 •-•ivi sJ ^: I. PROPERTY OWNERSHIP AND DESCRIPTION 1 - I 11. PROJECT DEVELOPMENT 7 - 14 I ' • t, III. PROJECT DEVELOPMENT REGULATIONS 15 - 23 IV. ENVIRONMENTAL REQUIREMENTS vt - 27 .4.,. V. TRAFFIC AND ENGINEERING REQUIREMENTS 2$ - 29 VI. UTILITIES REQUIREMENTS 30 - 40 VII. RED COCKADED WOODPECKER MANAGEMENT PLAN 41 • 44 4. . . i I;.t1.:Ii.' .., • f k r-" V:, I -•.1 rski,. '. : • I ".Nts ATTACHMENTS: 1 ', .'i' 1. ' .4,- ,,,,',. MASTER PLAN :',.. 1----."444a,,,; TABLE 12.B.3. •.- , • ;ow 1 . • ' ,..zi,., . '....-, Inc 033pv,(84 •. . • , • . ..,-.. A . ,,• ,, • .. • , ‘ t . -- , ., Page 10 of 91 •c''-40••,... —I- , .• ; 70 LI: • ; , • . :4 kg .A . • SECTION I -.•:, PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE - t. The purpose of this Section Is to set forth the location and ti• ". ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: CITYCATE COMMERCE PARK. If-4414;V. , ).. "= Z.,. 1.26 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 .„ *Its • Citizens 8 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 • I 14 a • Int 033MI-85 tie fZr.k • • •1• 1 1 4 ., ■ it i . i.: . , 1 aj..;-:* } t 7.I HMA File No. 83613 ' 't=ItOLt, MONIES ANO ASSOC.. INC. !130/86 t tONSULTING ENGINEERS-LANE)SURVEYORS Sheet 1 o f 2 ..4._ j 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 4 *,;'� right-of-way purposes and LESS the following described parcels: . A parcel of land being a portion of the Northwest quarter of P.-1- Section 35, Township 49 South, Range 26 East. Collier County, 1/ Florida. Being more particularly described as follows: .4 at the quarter Section corner, common to Sections 34 9", and 35, Township 49 South, Range 26 East. Collier County, 1 Florida. Said quarter corner being marked with a 4" x 4" i concrete monument having a 3-inch brass cap attached to the top ; thereof, with a 314-inch iron pipe; thence along the Section line 1.y said Sections 34'and 35. North 00°29' 13" West. 1.382.43 i . 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 19°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 00°29' 13" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road 1, 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 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 t'' boundary line of the water treatment plant parcel; thence along said West boundary line North 00°47' 14° East, 994.93 feet to an 41' A iron rod on the Westerly right-of-way of a strip of land 170 feet In width for a Florida, Power i Light Company (FP1;L) right-of-way _ ' as described in Official Records Book 631 , Page 1210. Collier . County Records; thence along said Westerly FPsL right-of-way North 31°30'26" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPtL right-of-way South 58°30'036 East, 761.56 feet to a 4" x 4" concrete monument; thence . continuing along said Westerly FPiL right-of-way South 00°47'14" . West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPtL right-of-way South 00°47'14" ,` West, 332.74 feet to an iron rod marking the intersection of said 4 Westerly FPtL right-of-way with the South line of the North half 4. of the South half of the Northwest quarter of Section 35, 1, 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 .7. 119 004'40" West. 690.62 feet to a 4" x 4" concrete monument; said r 2 WV ,L'•4•p.' r��riv c. ,,. OM ix :r ' Page 12 of 91 r• P Ilin . . ``�s'r^.f !r 0, 4 t 1• M File No. 85.23 . v „fr: . 4/30166 ''': Sheet 2 of 2 f.'s point being the Southwest corner of the parcel being herein tit '' . 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 �l' 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 19°31'01" West, 454.28 feet to a 46 x 4" concrete monument marking the intersection of said i 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'iS" West 100.00 feet to the POINT OF BEGINNING. AND 1 A portion of the North half of Section 35, Township 49 South, :� Range 26 East; being described &s. follows: .4 . 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 33, 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, 14.86 feet to the South line of the North half of said Section 33, thence South 69 000'01" t. West, 206.27 feet to the POINT OF BEGINNING. tAND . : 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 4he 4N'o54h eWstery 4hav ineg ea to dthue t;gi3nn6ig oe a cun con ve to 4 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 1'21'06" West, 296.92 '' feet, thence North 00°29'15" West, 65.00 feet, thence North 19°31'01" East, 64.42 feet, thence South 04°21'08" East, 371.34 test, thence South 02°46'25" East, 751.511 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, w through a central angle of 41 001'29" to the end of said curve, thence South 43°47'54" East, 159.68 feet to the South line of the 1 North half of said Section 35, thence South $9°00'01• West. 113.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. }.,* S 3 HOLE. MONTES & ASSOCIATES, INC. 't- "87 wit 0331111 Page 13 of 91 r WNW I • •�' y fY' . : , ''• 1.k. GENERAL. DESCRIPTION OF PROPERTY AREA • '.''. .-,t;!-;' • , A. The 237.137 acre tract lies to the northeast quadrant of the 1-751 CR 951 Interchange. The property Is bounded on the ;,; ,/,,.- west by CR 951 and on the north by the Golden Gate Canal. . '! :Y• ,,,..1. • B. The property is zoned A-2 Agricultural, proposed to be .}` rezoned to PUD- Planned Unit Development. The property Ices ? in the Collier County Water Sewer District. i +.' ' .'. 1.5. pHYSiCAL DESCRIPTION i ' I `" ,. 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 23.5 acres, most of which has been previously subjected to extended periods of over drainage i` . and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. • : ; ,fir w ." !� } ••,-,-..;. Soil types on the pit party Include Arzell. Kerl, and Pompano Fine ' ' i• A Sand. `. Water management for the Citygate Commerce Park project is to be 4 ` " I 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 •1.: t fx:. b'.4'...' IOU 033 PA,i 88 • .% Page 14 of 91 • . MOM • . k 1.E. STATEMENT OF COMPLIANCE ' + Development of Citygate I;`'�., ;% .�' opine Y9ate Commerce Park as a Planned Unit '' r: 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 "0" of Objective 3: r ; `;t- OBJECTIVE 3 h An appropriate mix of land uses to provide for the present r, ;*.' and future needs of Collier County. Guide economic development to encou • t'..i'l 7,;..::.. D. encourage a diversification of k i t ,. the county's economic base and to meet the employment needs • "f: r,.z of present and future residents. - Compliance with the Comprehensive Plan rests on the 4 ,j,:-...; following factors: 1 C, r „.-17 1. The Citygate property meets the Comprehensive Plan (t' rating point system with respect to the availability of 1 (. '-r l' public services and facilities. fir:±. 2. The planned land use mix conforms to the Future Land '4" Use Map. +. } : S 0 I- 0` . • ' :iii '03 �i V89 i � t .:r ;`_1. ,� ;.*,. Page 15 of 91 •. t r I1:i'•K ' Y i t fir- ([[ ' '`t` 3. All project improvements will comply with applicable a t4 regulations. '..41.':: ' 4. The project will constitute a major work center with an ;F. .,• excellent working environment. } ' .` • ' S. The project will be served by s complete range of y ; • „%,• services and facilities. t r• f • r.4 •-• I _ i '' . i •,F,• • :yT. a-• r i.},r p . •r,%', . Vii” .. 14.4 033p,-., -90 • ', E '5', ; Page 16 of 91 j • • '' ' SECTION II I _ ' h` PROJECT DEVELOPMENT t rtr • hip ;�`� A ti t; The purpose of this Section is to describe the basic development '.+ objectives and to generally describe the project development plan. • ;" 2.2. GENERA'. i •�" `. `J A. Citygate Commerce Park is planned as a mixed use, non- residential. convnercial/industrial/offica/related services project. The uses on some, if not all, of the sites nearest CR 9S1 west of the F.P. S 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 technoligi1 al research, product development, light manufacturing, storage and a 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 . 11110 - .4 •;• �r� t `a: INK UJ1i PASt ~91 ' "+ t Page 17 of 91 yam r A i*,. 1 r, ' r__ C H institutions. Citygate Commerce Park will provide sites •vf which accommodate a variety of entrepreneurial activities in + ti`• 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, fr. and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. r 'r:: 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. l' i .s. • i. • ■ J y . r. t yY • i ;fib .• r.• F:' . y 033,0'92 . ..�.' 1X I, :1`--,,-,f. Page 18 of 91 • f�' 4 • e . . . „, , , .,., ! . t . ..,,,, . , ,,,,, . .. • Yr . i -,�..'Y E, :ti,V, t "<. : 2.3. PROJECT PLAN .,r • ,„...,r A. The Master Development Plan for the project Is indicated on -i r.. Map (H) of the Application for Development Approval and is {; an integral part of this PU!) document. A reduced version of the Master Development Plan is attached at the rear of this . .- ' te, document. Elements of the Master Development Plan include: `I!'►'. land Use Acres i '? Streets 21 : ,rt Lake 35 r: 4.4 , ) r, +; .. Cowmen Lands 10 - ;of F.P. $ L. Easement 12 Building sites (includes wetland . r� G` preserve: which must be kept as 1, on-site natural areas) 122. N Total 2117 Project development shall conform to the approved Master ' Development Plan in general and to the approved Subdivision t[` .. .ti; , Construction Plans. 7 *ii • 1 l i,to B. In addition to the plan elements shown on the Master .' . Development Plan, such easements and rights-of-way • 'F shall be established as may be necessary or desirable for ri .y the service, function or convenience of the project. i; i'' t . 17'.:1;" 1 • u_- . ,'.* . ' 10 Vt�J �f� v93 1. ION FN • v 41IN; '' . .Page 19 of 91 r ,- WI Ell L,#,. ':_, F , 'F•.L. , !-. • � f 4 cl . . r H ` r .. C. The Master Development Plan Is also the Subdivision t* .1' Master Plan. i';: :, . 4 t 2.K. MAXIMUM DEVELOPMENT INTENSITY ...1.• - Development intensity permitted within CitYgate Commerce Park 70.. shall be limited to the amount of building development, number of ir 1 ri,. . employees. and number of parking spaces set forth in Table t,: 12.8.3., reproduced from the Citygate Commerce Park A.D.A.,and + attached at the rear of this document. The amount of building ti, LS 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 t- indicated by A.D.A. Table 12.B.3. may not be exceeded. •' .r6 2.5. ELAN APPROVAL REQUIREMENTS c ,` . ' `}1.: A. PURPO E I 4'. .= The Master Development Plan indicates the basic nature of II, ',.j '. 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 c' development sites along which individual development parcels $ A will be established. Installation of required streets. 4' • , t• . .* 'v. `j:.y #%. , :• •'rU MI ftrt‘'94 Page 20 of 91 IIIIMINI MI ,v- II e . _ .., ;....„,....;., „• , , .. '4,, ,l'i.: , -:T ''•'` 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 tii'. • those plans comply fully with commitments established by the PUD document, ORl Development Order, County Zoning , k ""4 Regulations and all other applicable standards and regulations. County staff approval of detailed development plans must be obtained prior to the construction of project 7. infrastructure. iJ ■•. B. SITE DEVELOPMENT PLAN APPROVAL REQUIRED • A• ' 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 • t• 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 �r quality commitments set forth in Section 2.2.A. of this r_ 4 document. I .' 't. • • Yv. . "i 033 W Page 21 of 91 4[ f• • 'y':& r is i.. art„ e ' > '; ,.. C. $ECORQ PLAT APPROVAL, REQUIREMENTS 4. f' "K Prior to recording the record plat, final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier r 1. County Departments and Officials to insure compliance with e' the project Master Development Plan, the Collier County t' Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.6. JXCEPTION5 TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: III s • A. Article X. Section 16: Sidewalks shall be required as shown } i 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.B., and on at least one side of all internal project streets. a 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 ,,i edging requirements shall be waived. 4,`; , Yle 12 •, INK 033P*'.I V96 i ,_ ,!: ` ' �. . -• ." • Page 22 of 91 zkrsw. ,i ISMININIE I.4 } r ; . 1 •• L � 'cat C. Article Xi, Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all• fir:., 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 s; casings shall be waived if all required utilities are ' installed prior to construction of the street base and pavement. .,,..,-;' , k. 2.7. STREETS TO BE PRIVATE All platted streets within the project shall be the common :�.,,,„ • property of the project landowners. • ' :4- ', 4 „ • l i , 'f'. ' 2.1. JMPACT FEES ;.,` i The Citygate Commerce Park project shall be subject to all impact t,,. fees applicable to it at the time of project approval. in the A • t event future impact fees are adopted to assist with various 4, zi 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. �. s . y 1, I ,. 13 a • ' „ -,.;'"_ s, IIIIK 033'ICI"97 '1- :4' s' Page 23 of 91 .•• 1 • i. .., . ;3 t , 'y -y.' y` • 1 :4-4:2.t.fi, . `- , l• ` ,'ii FIRE STATION SITti t 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 1-7SICR 951 interchange. In the event that the Golden Cate Fire Control and Rescue District determines that a fire station site is appropriate on the . Citygate property, the Citygate Commerce Park developer or '3:i successor's) in title shall make the selected fire station site available, and shall contribute to its cost on a fair share . L. ,:.:,:?.•;.-'..' basis. 15; f( . . `> 2•10•P.U.D. DOCUMENT COMPLIANCE i:" (-r• . i YCl Responsibility for compliance with the terms of this PUD .: '.' document, the DRI Development Order and ail other applicable ' public regulatory requirements shall initially be that of the 'c 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 i "- project infrastructure, lake, water management facilities, common • • .' open space, streets, etc. 4' i•y1 • ?t4' dirt ■ ,., ir*. 1# • 4'rit": ' • moo III( O33 '98 - Page 24 of 91 t' 1 ! f'- '. • _. . ,....1.., - .,.. . , ,, .. i:.t....)...04;.:. • .i .4. 1 •.'at.5,.7..r.-,..,.:• k ri. IV 1 i C " f •'. '0'Y,1 . • -;:i /‘.!' ., t" • • ._:.,...:--:•'—,•••*k., , SECTION III 1 tr. i.11A4 • ; ..1',, • :- t : c . o'. ;,,, , • _i7,r, .,1„, PROJECT DEVELOPMENT REGULATIONS 1 ...- LT Li. PURPOSE • c • * - !... ' • The purpose of this Section Is to set forth the development 7,4•• ;„4, .4• ,. •. regulations applicable to the Citygate Commerce Park project. ..4" .....7, $,jt . • t .' i,,x.:. 3.2. USES PERMITTED , ..',...!. ..- ,..:. N.,' , • 44,, . : ; • t • f.'..• No building or structure, or part thereof, shall be erected, 1 A. ...12-. • altered or used, or land used. In whole or part, for other than 40 .... ,31'4 a 4 ‘‘..t%'. . the following: . - W.t,..A.A• '' A. PrInclps1 Uses: • . . , e •t' ;440.- l' 1 ., ••,. , I 4, IP.:::. WEST OF THE FLORIDA POWER S LICHT EASEMENT: ,i„1,1,.:,,.... • ! • 1 %., •;:il., • I. One gasoline service station or fuel dispensing facility . -.'••• 1 ,..•.;:''' ; - 4 •'• • 2. Hotels or motels Including Integral cocktail lounges , •J‘. I •••■!‘," . 3. Retell sales and personal sales businesses which are I ' i 9,t'';'-f.. •. I,' ,.... - f4.• '. . is . • . :i.,,,,t . 033 i FAQ Gpo . ..,. ,-.,. . , , . --t-%,1 Page 25 of 91 ». �. ,'`F t;F4 ;• ' t,,- 7 r n *.�-'• travelers and/or the Citygate Commerce Park market. Retail sales facilities shall not include shopping _,i center type uses which would generate substantial trade . from the residential neighborhoods in the vicinity. ' _4 EAST OF THE FLORIDA POWER I LICHT EASEMENT: l y' a.• I. Light manufacturing and/or processing `" ; ''. 2. Research, testing, product development y • .a.4 • :•. d.C;: 3. Service and repair businesses ,w .. ^, ,, , K. Showrooms and sales centers to association with • r:.' permitted uses I, 5. Storage and distribution uses 6. Publishing, reproduction, communications -,....•.)3 `. . ` x 7. Retail sales and personal service businesses which are ..,4-. designed and operated to primarily serve the Citygate Commerce Park market . 8{ .. ' t p yti Pr;r'n'• ,:.'s. ti r t•� :■ 3 +.t• • .t +b : Mar i . .14 .r t1 BOTH EAST AND WEST OF THE FLORIDA POWER $ LICHT EASEMENT: t ,'r. .�, 1. Restaurants. including fast food restaurants r J" 'l. 4: �;r..n*9 ' "'_'" 2. Utilitarian. recreational, educational, and medial . 1!;,-,_ 1;:.4.- - . uses and services S r' •' 3. Business and professional offices; financial a •-• Institutions K. Any other use which is determined by the Planning! Zoning Director to be comparable and/or compatible with t; ` the the listed permitted uses. 1 - 71 t•'• B. Accessory Uses: • t• «, .a` I' •` 1. Accessory uses and structures which are customarily associated with the permitted uses y,"-1 2. Project sales and administrative offices and facilities j! • 3. Signs as permitted by the Collier County Zoning • ' . Ordinance In effect at the time of application for the sign permit 4111 .Jo'TI .; `4 033 i0i 1. £_ 101K fA�E ,* ;F . Y))y 4.7 t . .' Page 27 of 91 • MINIS =! y.. M14 1 E. •: ' tu 1 I i a :,r 7 � �yti • V 1 1 i y, ,1�;..°4.'" #. Caretaker's residence subject to Section 1. of the d 4',;,; Zoning Ordinance } . l'f.w. S. A perimeter security fence and/or wail, not to exceed $ •I s. . feet in height . 'z • ," ' 6. Temporary sewage treatment facilities In the area so indicated on the project Master Development Plan. Such ' t 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 SO 'i , t - feet from the boundaries of the tract which it i -' ,, occupies. 4 7. Material which is excavated during construction of the i ~.i lake which exceeds in amount the material required for t{ development of the project may be removed from the 1:• 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 i.t appropriate and necessary by the County Engineer and/or ! .'`• Planning/toning Director. j ' {t . 4 u ITT / ,• . �I is l ji : i 4::% •1 , ;`ki,t 66K Pict .•�fyt� • -'., '; Page 28 of 91 i 1" .":i c Ot . i 1 r if i f ,1,4x'2 41) . •, :f ,, '.V '` •3 k =' :1 , ; '1.1• PEVELOPMENT STANDARDS a '1,i if t A. Minimum Parcel Size: art.,��_• x„ i7,r West of F.P. i L. assonant: 1 acre IC 4 '''4c24 East of F.P. I L. easement: 2 acres :1.,1 ' B. Minimum Parcel Width: .�f,-•',;`: West of F.P. S L. easement: 150 feet , F f f « • East of F.P. S L. easement: 200 feet •• � �K` `' C. Minimum Yards: 11110 �,.....{.„ • �'„' West of F.P. S L. easement: front. aide and rear yards: 23 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or .:.., modified during the WP approval process. f ^ am : East of F.P. S L. seent: i _ . .x. • Front yard- SO feet ,ffe,.-;74 Rear yard- SO feet Side yard- 2S fat. unless adjoining parcels are jointly 4. + .• planned, In which case the adjoining side yard requirements ; I; ,4; •. may be waived or modified during the SDP approval process. p ' 1* 033 Fi't 103 ).• t 1S 410 , ., !' 4 •=x, ■''``' Page 29 of 91 I G ' t sl,'4'.■ • j ' ' ¢ Y.`1,4 '. i . it'''. In those instances where multiple buildings are to occur on .;fir;- A� `"• 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 r f determined during the SDP approval process. No more than 20% of required yards may be devoted to , . vehicular drives and parking spaces. �r' ‘.v, D. Minimum On Site Natural and/or Installed Landscape Area: f, .. t, q West of F.P. t L. easement: 20% of gross site are ' East of F.P. t L. easement: 301 of gross site area The term "Landscape Area" is construed to Include ;'' fountains, pools, ponds end other water features, 1.• walks, terraces, courtyards and other pedestrian spaces ?. when such non-botanical features do not exceed 15% of the required area. `_'' • E. Maximum Building Height: ' 'v `; Hotels, motels and office buildings: S stories, except that 4 rt r,i;YC.. _. Y. ;. such uses which are closer than 350 feet to the Golden Cate •a, r a Canal may not exceed 3 stories. . #4., _.1 All other uses: 3 stories . •� . ". 20 .i . . loot 033 rig 104 i . .,; �' -v.�►1►+ i+�- Page 30 of 91 .,- « 3. ; : I qi• . .A 4..., ., , , .... * r .,, 1: •'..'- 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 of, additional height. that the taller building will not 7 :ti depreciate the intended character and quality of the overall .p' Cltygste project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public " e. •:r welfare. J..-.rt 4110 < •+i ' .fF,�. P. Minimum Principal Building Floor Ara: !`,'. 1,000 square feet (Gasoline service stations are exempt from iz this standard.) . -.4 . G. 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 I • and other components of underground service systems which �- - are normally located above ground shall be placed and ki! screened so as not to be visible from a street right-of-way � or an adjoining property.ya. A • 1'` ;t_1.,!7,f ;,r.. Page 31 of 91 y - ems. UMW t t ; .: . ' l.�F. 'if. `•••• .••*$ 'k f#b 4 `4' ‘..e.4:- I. Perking/Loading: Offstreet parking and loading spaces shall f.7 '}1. be provided in accord with the standards of the Collier County Zoning Ordinance to effect st the time of building permit application. Parking and loading facilities shall be i` so arranged that backing into. or out of, a street right-of- way is unnecessary. t °''. J. Performance Standards: Noise, odor, vibration, glare as • 7- lal. differentiated from general illumination), smoke and dust I. 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 t. for dealing with the waste product have been approved by all A. • agencies with Jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state. • y, and/or local laws as may be adopted or amended from time to `t: time. j e. The future performance characteristics of a given land use t. Y" 't 1004 033 PI CI 106 : 22 . • s 4 _'_ '-,..t:.• k mow'' ►fie Page 32 of 91 4,74,«+ 4 . • arias MINI • . S. • 'tkw. e 4 I 1 { t ` 4 i ; .." °"' are often not predictable with accuracy at the time of . building permit Issuance. The above listed performance X° w only apply ti,�' . :- standards not onl s 1' at the time Land uses are initiated, but are continuing performance obligations. ir! unless overridden by applicable federal. state, and/or local . /... law. '0./' ' . • - * .$1 4 4- .-. K. Golden Cate Canal Buffer requirements: Development of sites which abut the Golden Cate Canal shall include installation t 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.S.B. In evaluating the buffer component of site • . development plans, the Planning/Zoning Director shall 4 determine adequacy of the planned buffer, taking into 3r, account the nature of the planned site utilization, the Iki. character of the planned structures), and the presence of natural vegetation which will be left in place and which . will contribute to the buffering function. At a minimum, �i the buffer adjacent the Golden Gate Canal shall comply with the standards of Section 1.37 of the Zoning Ordinance. The 0 tree and shrub species, sites, 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. OK 03331'4107 • • 4.p , ik • Page 33 of 91 i t t:, F is-.A i+ 1. Wetland Preserve Setbacks: When all or a portion of a j wetland preserve is located on a building site, no building .•d•: 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 it the Site Development Plan review and approval process. •k';. Preserve areas shown on the Master Plan shall also be shown v r_. on the Subdivision Plat, along with a notation referencing the Citygate Commerce Park PUD. i ,c 1' \a i 1i _ i, i L i4. '' .. ►• •T' $001 033 p r,t 10 ./...i.t: ...q, 4 • c,.r'.,�. • - x .7! ice. • ' '':~4` Page 34 of 91 ., r e • ' . ':t . > ,fir ' } ' ' ",4, SECTION IV , •' '- :• 4.4.' ENVIRONMENTAL REQUIREMENTS aY - ;,p; �' K.1. PURPOSE • The purpose of this Section Is to sat forth the stipulations by • the Environmental Advisory Council. The development of the I project shall be subject to these stipulations: ?'.fir � 11.2. DEVELOPER REQUIREMENTS 1 'c 0 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 cleating plan t.. , shall be submitted to the Natural Resources Management Department for their review and approval prior to any work Y`. on the site. This plan may be submitted in phases to coincide with the development schedule. The silo 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 acco.nnodate •, this goal. F , . 101( 033t1-.i i09 r,t ' 25 r „ �c 1 4P . .1,,-.. . .. • `�r t. {'. ■ a , - �+:: Page 35 of 91 • i I •� a*. f 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 shall be the • reestablishment of native vegetation and habitat • characteristic lost on the site during construction or due to past activities. L• .' 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 pian,whlch 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 s constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped -1 and the Natural Resources Management Department notified. •s • : MC 0311cl 110 .rte . • • ' �'' '. • , Page 36 of 91 . 4 9 :;», ry. • j . t',..„!.---':.; ti i EF > ...j + ,1 a I. Development will be suspended for a sufficient length of , r- tine 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 salvagsabtlity. The Natural Resources Management Department will respond to ..,. any such notification in a timely and efficient manner so as :`f.- • to provide only a minimal interruption to construction `' ! activities. . ,,,,,,,,,,,,,,,,i;%'' ' E. Prior to development in surrounding areas, wetland preserve C. . ' areas will be flagged by the titioner. Wetland boundaries ■� = egg Y petitioner. i . = will be subject to the review and approval of NRMO. i � t• : 0. F. To increase lake productivity and habitat values, lake side • slopes will be t:1 out to a depth of 36 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 r... :,t species). a r" '. r • C. Petitioner shall design and implement a program to prevent ` ; and/or reduce populations of noxious/exotic plant populations within the lakelsl, specifically, but not limited to, preventing growth of hydriita (Hvdritla • e verticiilats), water hyacinth (Elchhornle crassiae;), and w I f•i : 'oog 033 net 111 I27 '�... , I• 1 �,.•Ya•, ti • xj` ,; .. ..,,,,.._. 'r } „ • S' • Ll • • . le.4 • 'K. to a lesser degree) cattails (Tvahs Iatifolj,E)t 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 Came • and Fresh Water Fish Commission and NRMD. If necessary, the k••, project design and PUD Master Development Plan shall be r' ' 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/ J . or as landscape elements within the project. Examples of • plant species appropriate for transplant would include sabal palms (Sabel palmetto), and butterfly orchids 1 Encyclia, tampensis). .1. 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. um 033 licf 112 - • 'V 28 • Page 38 of 91 :' y IIMINIV . . .7 .. - ..1.•'t'Ir.!" . . , i .,.•." ;,./.it- .. . t* -:. ..; .1.... 4 * -4'. 1_ ". SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS • 4.4-',.;.,i41-:-. - . i ' - '''ct'•:-?'" Li, r=221 ..- .7:. ..4,i,-:'].. .• • % ' The purpose of this Section Is to set forth the traffic .. . .- '' improvement requirements which the project developer must . 4% 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 2 10 ' e. • due to the limited distance between Golden Gate Canal and ..-', _ - .- r. 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 1., .. --- '. - 4 additional which may be located north of the existing access drive. ' -'•••,.'47, ' -. B. The existing access road which extends southerly from CR 951 and than 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 liming. In the event that a significant ' J.,,,. • ;.".` • toot 033Piq 113 , 4, - ...:. • • 29 ....i ;,. ■ 4:':. :lilt': • ''.... S.; ...••• • v. . . Page 39 of 91 • .. . _ . S R` ."�t,�.. ,,. • it j 4-4f ,. . l'''vt • .,, 'i ` fraction of the traffic on the road link is not generated by the Citygate project, the Citygate project shall pay a , y t1,`',;.: portion of the four lining cost which is equal to its M -•`.¢ `„' traffic impact. ' r ” C. The driveway to the water treatment plant shall be widened 1 f i- to a minimum of 24 feet if it is utilized as an access to•.- the adjacent tracts. ,. ;:, % O. The lase spacing of the CR 951/landfill access road • `7 intersection and the landfill access road/water plant entry ,t1,* drive Intersection will cause traffic control problems as yr traffic volumes through the two intersections increase. In fk order to avoid unnecessary aggravation of those problems by k;.' traffic movements into and out of the commercial sites which it.,'."' are closest to the intersections, special attention shall be given to the location of entry/exit drives when site development plan applications for sites abutting the water a 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. r, ..40'.' . ..40'. • E. Appropriate left and right turn lanes shall be provided on , y, .. CR 951 and the landfili access road at all project accesses. a;Y Street lighting shall be provided at major access points per• �' County requirements. _ `'‘.11,4_,.., 4 30 -1;' , ':. • �'• Page 40 of 91 %:... r, .■. MI p r y _ I .} 74 i • i '-4( ,:.fix aT • . V 4, *• ,4'f . I ... F. Traffic signals shall be installed at CR 951 access s p },c: ' when deemed warranted by the County Engineer. The signals ,t. shall be owned. operated, and maintained by the County. The 1 Citygate project shall pay a fair share portion of the :- :: signal installation costs. rr, !". " :? ta G. The above improvements are consisered "site related" as , defined by Ordinance 11S-S5 and shall not be applied as �ti'' credits toward any impact fees required by that ordinance. r s ,: '; 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 • h:e's` : constructin in accordance with the submttitad plans is t ,- t;, ,;";s' granted by the County Engineer. y . •13 !r,' - ' 1. An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. f0-21, as `�.f.. amended by Ordinance No. S3-3, and as may be amended in the future. , tM ion( O33►v:1 i15 1 : ; A .ifir ,/ III • , fo,' .• 0," -4 ' r Page 41 of 91 1 �t i . : • .- .-' :'.. ,i.; : ,;...'4.:...4.i.;:.:- •a r` ; t. ` . SECTION VI ' t V• ,,�V,} j y UTILITIES REQUIREMENTS '.j. r. f 6.1. PURPOSq The purpose of this Section is to set forth the potable . '' water, irrigation water, and sewer utilities requirements i A ' -...; which the project developer is committed to meet. • ;r,'s, 6.2. QEVELOPER REQUIREMENTS • ¢.: ' ' ` A. Water distribution and sewage collection and transmission T systems will be constructed throughout the project A.. a. development by the developer pursuant to all current x requirements of Collier County and the State of Florida. 'I'' Water and sewer facilities constructed within platted k7- rights-of-way or within utility easements required by the i ,... County shall be conveyed to the County for ownership, J.• • 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 ;:,i and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer • y{ • SOK 033 PI•t 116 .r 32 ,5 A� .74... I. • ,;:.. WAoM • Page 42 of 91 1 i i :;olt,,,, ,......4,.;;'t. t 411 . • , I [ ,13,.": ik - facilities within the project, the facilities will be tested • "v, to Insure they meet Collier County's utility construction •1 '• 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 P- 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 t' the Utilities Division. pursuant to County Ordinances and '.i• Regulations in effect at the time conveyance Is requested. * • B. All construction plans and technical specifications and rr. • proposed plats. if applicable, for the proposed water distribution and sewage collection and transmission w facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. f C. All customers connecting to the water distribution and • sewage collection facilities will be customers of the County , ks and will be billed by the County in accordance with the County's established rates. Should the County not be in a 4 I position to provide water and/or sewer service to the 4 project, the water and/or sewer customers shall be customers of the interim utility established to serve the project IP • .. ir '''.. . i • •t• I ,ti.. p rt. ; _ Page 43 of 91 • 1 •M•1_-ate , _'F t ws, •■•.L• 4 I I4', v 4 . • I 17: 1 � �j5{r, r ` 1 i •N ''• until the County's off-site water and/or sewer facilities r.: are available to serve the project. D. It is anticipated that the Cour.ty 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 i. , 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 I on-site sewage treatment and disposal facilities adequate to .°:.ti . meet all requirements of the appropriate regulatory P agencies. v , ';. E. An Agreement shall be entered into between the County and the Developer, binding on the,Dweloper, his assigns or II, successors, legally acceptable to the County, prior to the . tt. approval of construction documents for the proposed project, stating that: 1. The proposed water supply and on-site treatment 4' facilities and/or on-site wastewater treatment and y. •.r disposal facilities, if required, are to be constructed .Y• as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal )1'.• 0 ,► � A'4 118 ` * i.'. . 1 i- fg .. .- ' _ Page 44 of 91 "' • • . a- ' � b-„•,_ ,,.. 4. e. ,. . r'.1 ..'.„.`. .ITT ' standards and are to be owned, operated and maintained . t``' .c •_ by the Developer, his assigns or successors until such ' y: time as the County's off-site water facilities and/or e-- 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 i'”" approved by the County for development. The utility ,, faciiityt ies) may not bs expanded to provide water and/or sewer service outside the development boundary approved by the County Without the written consent of !3' :4-.`_ the County. IP , ''.44-,•-• 2. Upon connection to the County's off-site water �-r facilities, and/or sewer facilities, the Developer, his u. s' 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 appliceble,in a manner consistent .-' with State of Florida standards. All work related with ,..,,cr . this activity shall be performed at no cost to the County. . , � r --0.:i 3. Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or 4. ,a:. successors at no cost to the County within 90 days after such facilities became available. The cost of 1,!,,,;!.4.:;. , loss 036 wt i19 t. 411 .. •r nra Page 45 of 91 ! . 1. ! -•. • 77" • connection shall include, but not be limited to, all , r: 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(s), etc. ..4 4. At the time County off-site water and/or sewer facilities are available for the project to connect .1' with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect it the time a. All water and/or sewer facilities constructed in ' ublicl owned publicly owne rights-of-way 9 ► or within utility easements required by the County within the • project limits required to make connection with 1.:' f 4 the County's off-site water and/or sewer• r ` ` 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 I; � 0331P1'4 ,. Page 46 of 91 • 4. 1111 w • 4 W • , 'p ;T ' •,,, =iii r .4 1 kAlt '1:41. .11 property and not required by the County to be r •'A`� ,Y. located within utility easements, including but }e i not limited to the following• 0. I. Main sewage lift station and force main interconnecting with the County sewer 4' facilities Including all utility easements } necessary: tX °i I, vq,' 2. Water distribution facilities from the point • t t''t of connection with the County's water f,•; facilities to the master water meter serving 0 the project, including all utility easements necessary. t .- 1 : 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 I serve the project and such connection is made. Prior to connection of the project to the County's off•site t-'' 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 'h -. for the service of those customers. The Developer 10K U33 rs,t 121 Ill ., � 37 } ,,.A..., ' *+^ Page 47 of 91 • r I . ; 1 ' N f.-4 , + 1 . v • i;k. 3 Orr• I " ."2 r . i • .,Ai, ; /. 1. tt:.. '; -.ea shall also provide the County with a detailed inventory �: of the facilities served within the project and the • entity which win be responsible for the water and/or '4 sewer service billing for the project. r's. ti 6. All construction plans end technical specifications • " related to connections to the County's off-site water zt 1•t» and/or sewer facilities will be submitted to the "'r. I Utilities Division for review and approval prior to `:.? comencement of construction. ii' ; . 7. The Developer, his assigns or successors agree to pay ,,,•a_ all system development charges at the time that Building Permits are required, pursuant to appropriate i County Ordinances and Regulations in effect at the time ,e,: of Permit request. This requirement shall be made known 4> to all prospective buyers of properties for which ." building permits will be required prior to the start of building construction. i. .,• ,• ..., ,.• . .. . 6. The County will lease to the Developer for operation and maintenance the water distribution and/or sewage 1 ,..' collection and transmission system for the sum of Is $10.00 per year, when such system is not connected to ay the off-site water and/or sewer facilities owned and 1•.*.v: • .4 ♦` ":., 8 of 91 • MP r_,r„ 4 • , , ..i.' ! ". :` t I i3. ,.:. t. 1 'r't •. . I t At operated by the County. Terms of the use shall be • t determined upon completion of the proposed utility • .k,«T., construction and prior to activation of the water supply, treatment and distribution facilities and/or �; I. the sewage collection, transmission and treatment •'T ' 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 z;.. agreements are negotiated with the Interim utility ,4t system serving the project. • ',1.,:„.''' F. Data required under County Ordinance Ho. 110-%12 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 y ' transmission systems and the wastewater treatment facility to be utilised, upon receipt thereof. 11 G. If an interim on-sits 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 l' ' : . servicing the project area. • } 'i' 39 1•• • ..,,,,,,,4 � 4 :.� y ti� r .•' Page 49 of 91 4 4 '- . .¶ is •• '. '7'W ; " H. Construction and ownership of the water and sewer r I `V facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all• ' Utilities Division Standards, Policies, Ordinances. 1 ...9....t �., Practices. etc. in effect at the time construction approval i - ': §':: is requested. 1 .'.'9.-- ` I. Detailed hydraulic design reports covering the water .• ` distribution and sewage collection and transmission s ie ; " systems kr.. to serve the project must be submitted with the construction ' documents for the project. The reports shall list all i; r'. design assumptions, demand rates and other factors pertinent 1 > to the system under the consideration. iri . •t �f, ,,...0.;',, ''.. .1. When the County has the ability to provide sewage treatment r-4.1 . and disposal services. the Developer, his assigns or successors will be responsible to connect to these 1:-r facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to s!, be performed. I' ' ',e- IC b . The County has not yet determined whether the Cttyga 4: project will be designated as a treated sewage effluent ;'.. . receiving area. Prior to preparation of definitive central * • I. ,i ,, : F , P... • . c.,. ,. .. , . .. . . „,;,,. ..,,,,,,,,., . . ,,,,„,. . , ., ..„ ,,, ,,I...,.. . ` irrigation plans for the Citygate project. appropriate Input r • }'p shall be obtained from the county to insure that applicable county effluent use plans are complied with. if and when _7- the county designates the Citygate project as a treated }4 v' . a t.' 1. swage effluent receiving area, the Citygate Developer, his �'. assigns or successors, shall construct the necessary 4;, facilities for use of the treated sewage effluent for irrigation purposes and potentially for fire flow purposes. rx�. 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 9 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 3,` report. The report shall list all design assumptions. ,' demand rates, and other factors pertinent to the ` • .d distribution system. Treated effluent supplied to the l . project will be subject to the county's established rate ` a. ,14;". , schedule. E :' L. Prior to approval of construction documents by the Utilities • .0>'. Division, the Developer must present verification, pursuant ': to Chapter 367, Florida Statutes. that the Florida Public 111 is* 033►l'"125 • 61 1` , Page 51 of 91 ■ • I - .iii Imo. '7:: ii •a f. iii Service Commission has granted territorial rights to the ; ii`r . Developer to provide sewer and/or water service to the i project. if an interim treatment facility Is required. until the County can provide these services through its water and ` ° sewer facilities. >.A ;� 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 utilised in accord with F.D.E.R. I standards. t' , N. Any establishment requiring a CCPHU permit must submit plans ..!71 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 a affect the proper operation of the treatment process. •• . t.•J -i':.' • t4; • 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 , r; t . site. .ta " , K O3 3Pi.t126 . . 42 :: I . Page 52 of 91 .:r '• ;rx -- -r.. e a :r, • 11,. E ,. '.-.• : :: r., .-..4.,.i. f. r SECTION VII 4 - A..fie •,, k i S , - 44. ,,' ,.: : RED COCKADED WOODPECKER MANAGEMENT PLAN ; ' The Red Cockaded Woodpecker IRCW1, icf 1odE} 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 t; the pine forested portions of the Citygate site, as well as on -- =• adjoining off site pine forested lands. A Red Cockaded Woodpecker •• i .. . z Management Plan was prepared, incorporated in, and approved as part of ' •the Development of Regional Impact application. The elements of the j •� .:' plan have been incorporated In the Citygats 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 -a•, forage, so long as the birds continue their existing nesting pattern. A • 9 g ngPa The 72+ acre interim preserve area is indicated tin the Master . r.. Development Plan, as are the nest tree locations and IWO foot diameter SI • circles around each nest tree. After planning of the Citygate project it'•, was initiated, a forest fire severely burned a large portion of the •1 (, ' •r'..4- ±. . 1* f ►t'•i • ''C' li f.....: 0 1:1. ' y { _'.. Page 53of91 • 111111=11 t } '. • sr` ' i • -ti-- . '..'..,.*:..^ • -0 6 ' i $ -• Citygete site, including approximately half of the interim preserve j '* area. Many of the pines In the burned area have died, and the Florida Forest Servla advises that pine death will continue for several t, ;0., 1. • years. The long term impact of the forest firs on utilization of the . i' area by Red Cockaded Woodpeckers cannot be forecast with accuracy, but .fk; annual monitoring of the birds will provide the needed information. 7Y,ty.. ,' The following management/monitoring activities are an integral part of f :. the Red Cockaded Woodpecker Management Plan and of this PUD document: t ,tai. ' 1. Prior to issuance of construction approval for the streets, jC drainage facilities, utilities, etc. in a project , development phase, a Red Cockaded Woodpecker survey At ''L 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 ' l that Red Cockaded Woodpecker nest cavities have been h~" established in the construction area, determination shall be . . 4 ., made by the agencies responsible for Red Cockaded Woodpecker f:•' protection laws as to the necessity of modifying the Red ..: Cockaded Woodpecker Management Plan. ;: _ 2. Annual Red Cockaded Woodpecker surveys utilizing approved E ,,,',4• - methodology will be undertaken until five years after final � �T Ib3�,ci 128 R .<L Al 4 .,il'`' • .;:,.i. Page 54 of 91 .« • r ,;. '..-,'4 I i :. . i , ..'' 'T71'. • .... t..`r +. . . buiidout of the Citygate project, with results of the annual z,. surveys to be furnished to the Florida Came and Fresh Water 4, '1'.16:. Fish Commission, the Southwest Florida Regional Planning• ti Council. and Collier County within 30 days of survey ;E � t.: completion. .: a + _ I i 'f.:: 3. Melsleuca 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 sits. 4., .i #. Excessive undergrowth will be controlled by burning and/or E �_.-� by use of mechanical equipment. • 4.'yi`, 5 Pine trees having a DBH of $ inches or more, located outside .5.7-: the RCW preserve but within the required yard and buffer " ^ . 0 areas In the remainder of the site, will be conserved to t - x < provide additional RCW forage areas. i ,. , i ' ki, 5. Lands within the RCW preserve area may be utilized for l'''•.'''', limited recreational purposes such as walkways. jogging ' .. trails, picnic facilities. etc., so long as disturbance to 't'. native vegetation is minimal and the recreational activities is , avoid the RCW nest trees. 6 i .) .`. • Rs 40 .,k.::',-„I'. , 1 ','.V43 . .: ' Page 55 of 91 MOM 111111•11 x11. . ► t�.r{:' I 1-i •4.1 ;,fit: i, . } 4'`.%_•`;;r' 7. Underground utilities and surface drainage ewales may cross :, �:`'. � : ►: ,:� the RCW preserve area. • t, ".;.x,.n . `. �'� I. The preserve area will be posted with signs which indicate r ;.t, P Pm g ±- „•r. that it is an RCW preserve and that disturbance of the birds r '4. is prohibited and unlawful. 1 !' •i ' 1. Proposals to modify the Citygate Red Cockaded Woodpecker a y:;: Managment Plan may be submitted at any time. Such proposals �,t; shalt be supported by a current survey of on-sits Red , Cockaded Woodpecker nesting and foraging patterns, and such T, - --`1 . 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 • i r.:. and/or a change in the character of the pine forest forage ?,;4. area, resulting in a loss of the habitat characteristics •1f . required by the RCW. . 1 •44,•,, + ... 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 Came and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council and/or the x Florida Came and Fresh Water Fish Commission may provide f 1''. . comments and recommendations to Collier County regarding the proposed Management Plan modification. :r. s . Soon ►Yd 130 �r .-4'... -•-.1 Page 56 of 91 As • 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. �E The Florida .Came 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 fir urbanization within the region. Commission wildlife biologists have stated that approximately 233 acres of the ! < 237 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• i • _ .. INC 0331 r.131 ,, ;A l • of j•:r�` , • Page 57 of 91 Immo. MOP ` •; Ja }: • • • • . ,' {,`.K'. ri Ibe subject to such Impact fees or other Implementation measures as ere lawfully enacted for the purpose of implementing the regional plan. • , • ' 1cr • • A'•r.a rte„ I , �•,• • t • ' .y • s. • �, . k�. r .033 pr.t 132 44_ `q U • Page 58 of 91 • MIMI WIMP 1 rt y,......„ e t . , .. . ., 4• t ,ri._ L ` �.�y 4 .l: SV/ ittti�. � �� Soli 0140111141111 • • �'t' .1.. �tl I•y•Ntttti M. NtMttM�CK tttMtittM . •,:r4--. l' :•• MM.sumo t*ttt}tttl K MwOS tM�ttM 1 Y � !'.. stw1I.Puss tOKMrt1 � 'a:1I •• ilkIht- tit.nt , 31 % 4 "-"".""11 (/ i . • • t . •4 mut tM�, RMt Mt a' i / t. ,/47C: v r ■iathass,—.....aw..wagaaj I Y / J - . SPA Murt.,tt,t.twr OMISSION • ri I i C I:till .;-%. f:... 1:k."1.. .\\ .... e s ,.. . ,... , 33 M ....7:•.::::.• ' ., .,.,.. ..z . i. . , . v. I 3 d m ti I ii i ':'" .,', Qo V A. .. . % 1 Fc\ Iiiikig: s m t. z ,, 10 P titts:23 1. J 4 11111: D. rta ,)t- e ,itk 1 b. td m Kea ' , O \\ ,., -u ; 1 6.' ■...., . ,,,, Z 54i b I 1 $ d 4 'e// . r • , • .. son UJJ 174 ••- r Page 59 of 91 t 5:•b 4 ' ., t. % ' g g g ! f g 3 . it a III § § §. § 4 . . . • : t ; ,,,,. m iR z 8 8 s s S s f. r` rys., _ �• A • w w • ' .- , • a s it•••• i. g § § .1 :71 1 I 1 i r," El. 4 . 4 r i 4 4 ° . ^ g ' �-1 . . F ., .'''NCI 1•'. 1 • 1 I im r M N 4 N M r i I. t i I w • w N • WI N N N N11 s I .: :II 0 • • a e n n • vi X ;, .1 • w w .� I�1 e I N 1 11 w �i _ w • �5 _. 11C II • 0 t N X A • ees M at ;' ;, - • — k N .. 11111 b -..,... :�, l E , ii 111111 11I1I II II si 73� 1 • •.{.. .+*},...ft. *, ,,gyp.•... R •.. sok 033►vvi1134 1 , Page 60 of 91 , .I -ti • 1 r I. : :�k . . . , ,. ..1... :..,,,.. als . L *.-4:••'''.-ili't .:-. t i 6 g g . ... . 'x :.'i't.r -., rr g a l E. E 1" a t 1 1. Ht 1 I if 14'11 c, 1fl YI ^ b r r 8 41511 .0 .1.. it: . ... ..,,....,: . li . 114 1.1111114 6=._• M IiiI 1 a . ",ill: ts . • 4'42_1 . ti:1;211 . • „ .., t ._:„ ...„.as j. .c.,f V >1 1 r ► 1 M A .1 nl A 11111 i"� ill... Y fW i` e~.i Q.i May ii ?” 11 at .1 r 3 `' } ; . 1ili g11.1!1 - ..- . A • N N YN 2 2 sl 8 ~ ^ i I-•t::1;I:tt;11:41f.'. .' 11111 iiiiiii.3 . , . . :, • ... „.I . . . .. .. ro... .. I ill.jiiiiii . lit!V Y A , . ..,. •.f. ,:. • L• Y p• .., '..• iw 033p&q 135 le,.....-':,,,' 4: qt.,.. Page 61 of 91 -r `• - '••4 •. =: ill r . ,.=b', 13) 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. t (O 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 . .,t':• 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 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, industrial workers; employees brho shuttle to and from their place of employment • during the work day, i.e. delivery truck crews; and employees who I 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 20 hour period. s 1 s .r r1 c.;:,,, •ter , . , . 1 . .• . ter`a , . J F- ' •�, i f .,..• i f k • •F .1...� .,. F p :P!•111.-1 r• 'i MME r F • •- • ��tl 4` • , . - ,,....- • P•: 1 r i,: :}. Page 62 of 91 ('�� 11111 imm au ' 1 L'. a " • DEVELOPMENT ORDER 88•Z ' . i. �., 5`'.' - RESOLUTION 88-_10. - DEVELOPMENT ORDER OF THE BOARD OF .s COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR CITYGATE COMMERCE PARR PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 « . EAST, COLLIER COUNTY, FLORIDA; t P. . ,:. r'` , .•• ` _ WHEREAS, vines and Associates, Agent, for Citizen's i {{ 4• Southern Trust Company (Florida), National Association as . 1y: Trustee for Land Trust 15360 Applicant, filed on April 15, 1987 .. . With the County of Collier an Application for Development fi`- •- 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 • ,,t WHEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier 0*{ County agencies, departments, and boards required as a condition r : ,;, to Planned Unit Development (PUD) zoning and DRI approval; and 1 '„` • WHEREAS, the Board of County Commissioners as the governing 1�l,•.' body of the unincorporated area of Collier County having k.. jurisdiction pursuant to Chapter 380:06 glorida Statutes, is authorized and empowered to consider Applications for f . ,iC• Development Approval (ADA) for Developments of Regional Impact; y. and ''44;-•:- WHEREAS, the public notice requirements of Chapter 380• •, ' .;`'T.:.: 7lorida Statute& and the Collier County Zoning Ordinance have : �:'.; bean satisfied; and .CxL--':'. WHEREAS, the Collier County Planning Commission has Y;r,. . :;T•, reviewed and considered the report and recommendation of the •' it ' .Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on November 3, 1981, and E ' WHEREAS, the Board of County Commissioners has passed `' , Ordinance 88-j3 which rezoned the subject property to PUD: and • Y • 181R 033►44137 .• f Page 63 of 91 I 1111•111111111 NNE f .f *. WHEREAS, Citygate Commerce Park ADA is also part of an ( ;* ' s • overall rezoning application by the developer: and the issuance of a development order pursuant to Chapter 380.06, yloridg (Statute', does not constitute a waiver of any powers or rights . regarding the issuance of other development permits by the yt- County or States and WHEREAS, on December 13, 1988 the Board of County L .. ! . Commissioners, at an open public hearing in accordance with +, ;':5Lr- Section 380.06, jiorida Statutes., considered the application for • • Development of Regional Impact submitted by Vines and d. Associates, Agent: the report and recommendations of the Southwest Florida. Regional Planning Council (SWFRPC) ; the = certified record of the documentary and oral evidence presented r to the Collier County Planning Commissions 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: } 7INDIHOS 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 "AM 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, r. . . : and by reference made a part hereof, to the extent • that they are not inconsistent with the terms and conditions of this Order. $* 033►i4I f, j•.'_ Page 64 of 91 _2_ aO eIss 1 1•�•' 1'41•.` L� -rdb -' 6. The applicant proposes the development of Citygate >.-• Commerce Park Planned Unit Development for 287.187 :, :=. acres which includes: 90,000 square feet of f., commercial, 836,000 square feet of office, 1,920,000 ' square feet of Industrial, 250 hotel/motel rooms, and 10,000 square feet of public, utilitarian, `Y recreational and educational space. :' 5. The Development is consistent with the report and � • ,,.., recommendations of the SWFRPC submitted pursuant to Subsection 380.06 (12), ylorida 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 1 development has been conducted by the appropriate ,' County departments and agencies and by the SWFRPC. 4110 . , , .ii,,. • 8. The development is not in an area designated an Area , rii`' of Critical State Concern pursuant to the provisions of Section 380.05, ylorida Statutes. as amended. .k 9. The development is consistent with the land development regulations of Collier County. Ir. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN:, . The project is located within the designated Urban 1 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. . • • comma/offs OF LAW 15 r. •.: NOW, THEREFORE, BE IT RESOLVED by the Board of County ` Commissioners of Collier County, Florida, in public seating, iii , R i • , ' duly constituted and assembled December 13, 1988, that the • t c'*�k Citygate Commerce Park Application for Development Approval •'-`�r submitted by Vines and Associates, Agent, is hereby ordered . x.` Page 65 of 91 .3. * l 'i ' 1 ' ',-. 6fAipproved subject to the following conditions as recommended by i [ 1,:.::•: the SwFRPC or in response to their recommendation and the r' ' ;rf.•.•: commitments specified in the PUD which are hereby adopted as - :1„10 conditions of approval pproval of this Development Order: a' 1. DR MAGE/wATER OUALITY: F • .- a. The control elevation for the overall surface water• } k. A management system shall be based on the historical i ;,' average wet season water table of this sits. i b. Each stage of the two-stage surface water management • system shall comply with the South Florida Water • Management District's "Basis of Review". s + 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 i•Florida Water Management District (SFWMD) , and Collier *; County Division of Emergency Management for review and i approval, prior to any certificates of occupancy being ii, issued. 1 d. The applicant shall coordinate with Collier County, FDER and the SFWMD in the development of a surface f g water monitoring maintenance and sampling program to `ii, 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 . 1 with the above recommendations, shall be incorporated as conditions for approval. E ` .:. S. ]'),j RGY: . i ` proposed � �i�Y �•� The 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 . t # applicant. 1 1 . 3. TRANSPORTATIOgj k a. The applicant or his successor shall be fully responsible for sits-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 erg + -. improvements (including but not limited to i signalization, turn lanes, and additional through :. lanes) found to be necessary by Collier County for thew] ■ project's access intersections onto CR-951 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-951 in order.to preserve capacity on CR-951, a h' ! b regional roadway. `,` b. Adequate commitments shall be provided by the -ti applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, t.;. construction, construction contract administration, ' !`r Page 66 of 91 •.y 4 . ':f5 �.n` ,; and construction inspection necessary to maintain peak season/peak hour LOS "D" for the following `�' significantly impacted regional roadways through (; At project buildout in 2007: 0-951 (isles of Canri Roads I .1- - Vanderbilt Beach Road to Golden Gate Boulevard ' I Xrp*. - Citygata North Entrance to 1-75 } ■ I-75 to Davis Boulevard • -i 'k•oii - Davis Boulevard to CR-164 (Rattlesnake Hammock - �g a Road) r-` t-646 (jRmokalee Roads r '_ °""' - Airport-Pulling Road to 1-75 zY CR-896 (Pine Ridae Roads r,.•A. '•'''''`` - Airport-Pulling Road to 1-75 S •• ``°•: ` $R-64 (Davis Boulevards li •i ' .- • 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 i. 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 j hour basis for the following significantly impacted != off-site regional intersections through project • buildout: i '•--' CR-951 at SR-$4 (Davis Boulevard)•1 : :...ex-.•, CR-951 at Golden Gate Parkway t ,...-f-, •• CR-951 at 1-75 ramps F (.•v • CR-951 at Rattlesnake Hammock Road '' .' 5,'• CR-951 at Landfill Road (also a site entrance) E ��Trt'` SR-I4 at Airport-Pulling Road r y`. t SR-$4 at Radio Road d. The timing for the initiation of the improvements �.;.r• 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 ! �. r road intersection is found to exceed a peak hour level i ' 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 It facilities and the need for improvements in a timely { manner, the applicant shall submit an annual i ' ''.. monitoring report to Collier County, Naples Area (Collier County) Metropolitan Planning Organization w. (MPO) , the Collier County Transportation Department, F f :, FDOT, and the Southwest Florida Regional Planning i Council for review. The first monitoring report shall ! be submitted one year after the issuance of the development order for Citygata 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 s: sIK 033 WA 141 -5- Page 67 of 91 sssss1L j : ;;".,i',t. x.,," .r • intersections listed above in recommendation "c", and 'P• • a calculation of the existing level of service at y. r ,��. these intersections and on the road segments indicated . M 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" { •i on impacted intersections. It will provide updated 4. information to more accurately forecast project buildout traffic and total traffic for determination of proportional share.. f'' ' 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 FDOT review, an evaluation of the transportation level of ' service conditions in the area and the anticipated impacts of each phase of Citygate. I! this evaluation'µ indicates that the assumptions on which the Development Order was based are being exceeded and • T�4 that a substantial deviation had occurred or will occur during any Phase a full assessment of DRI J j Question 31 will be required. f. Based on the staff transportation assessment of significant project impacts, construction of the i; following transportation improvements shall be needed i Rr prior to, or coincident with, development of Citygate 4' Commerce Park DRI (1988-2003) if peak season/peak hour LOS "D" conditions are to be maintained on a4- regional road segments with peak hour level of service , ! "D" in regional intersections. ';'r:,'" . Regional Roadways and local roadways (including ��L.,intersection/interchange improvements) ` Ia f (1988-19901 • 4 r-_.$-451 (isles of Capri Roads ',, ` I.: - -btvis Blvd. to CR-864 Widen to four lanes with a [-f..-Y,' •' (Rattlesnake Hammock Road) median (segment is programmed • `^i-!‘• for widening in FY 1993-94) 1. Ev' ` ' phase II (1991-19946 -;T vi . • : :_� jo additional improvements are indicated. _ .` s- a TIT (1995-19971 ':.-,•.+ t,,S i (Tales of aori Roads rY-75 to Davis Boulevard Widen to six lanes with a fill.4. median ' •' ,'' . 0-64 (Davis Blvd.s, ' ,: i''Airport-Pulling Road to Widen to four lanes with a : 1.14••:'County Barn Road median .x ', +itadio Road to CR-951 Widen to four lanes with a , median • , i , $. .e' .: � , �1nn f. ' ' 't Ilk O33 P !142 Page 68 of 91 -6v 1, A O si t , y,�.', gas, 7. . i 5 . ,... -",:,-.4,-..- ''i, '. ,.h lea iV (1999-20001 x lid additional improvements are indicated. i ~'!'.�" guaee V t2001-20031, .'!: s1'"-'-. aisi (isles of Canri Roads f .. ! ''- ' anderbilt Beach Rd. to Widen to four lanes with a zl. .;.; u , Golden Cate Boulevard median t. • '.'-., ' *CLtygate North Entrance to Widen to six lanes with a ... .2-75 median : [, . `1�>. ":Davis Blvd. to CR-864 Widen to six lanes with a . `y ' n' (Rattlesnake Hammock Road) median . _ ".' CR 9� - 6 [ nal okee Roads 72.1. 46Airport-Pulling Rd. to I-75 Widen to six lanes with a 'Si `' median i'f _ ;�. -996 [Pine Ridaa Roads • ii}, -A-, `., report-Pulling Road to 1-75 Widen to six lanes with a • i 4 # median ,•. � , .4st 7 r' y •:;Cddnty Barn Road to CR-951 Widen to four lanes with a • ''",t.,$.-4" median note: The listing above assumes that improvements required in an earlier phase are provided in that phase. g. The FOOT shall be involved in reviewing improvement +. designs and the identification of appropriate costs P.:. 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 1' east/west road abutting the County water treatment ., plant and west of the Florida Power i Light w. transmission line easement, or no later than 6 months from the date of approval of this Development Order; :Atv FOOT shall be consulted in order that a determination t' can be made of the necessity to reserve 1-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 337, glorida . ? Statutes. i. As to each phase of development and prior to 1 '�.:,. commencement of each phase of development either of C•:...W the following conditions shall provide adequate I �: i • c • • S , 3 r, :k ' UK 03;3►,'. 143 . _4t if`Y.,i3 • ' �. f 'ter. A ,'`� !:. Page 69 of 91 -7' . ii.1 : 'i p ".' commitments for improvements indicated above to ' `' . 'x significantly impacted regional and local roadways and • r intersectionss. s ms ;:fa , (1) If annual monitoring reports confirm that traffic r ', 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 a� respective level of service capacity, then . z.. 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 r the current phase shall be granted provided the level of service of the road segments and s . intersections above does not exceed LOS Es or • ..4" (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 P Y 9J-2.0255, glorida Administrative Coda . 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 3.' roadway (or intersection) existing at the same time as the DRI trips in the proportionate share • calculation. The resultant DCA proportionate 4111 share formula shall be applied to the total costs Wit. of necessary roadway and intersection . improvements. . I. '. 4. VEGETATION AND WILDLIFE/NETLANDS2, f y: . a. Golden Polypody Ferns and Butterfly Orchids shall be i � �` relocated to appropriate protected areas on-site. • 6� I , b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. . i ''" c. Prior to issuance of construction permits for an 1,,j• approved development phase of the citygate project, a ' , Red Cockaded Woodpecker (RCW) survey utilizing previously approved methodology will be conducted to insure that RCN, have not established nest cavities in t�" the development area. The survey shall occur within r . 60 days of the start of construction, and if it is determined that RCW nest cavities have been t; established in the construction area, determination shall be made by the agencies responsible for RCW protection laws as to the necessity of modifying the '• t. RCW Management Plan. y'•,. 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 WC), U.B. Fish Wildlife Service !- ' (USrws) , SNFRPC, and Collier County within 30 days of survey completion. ^.V..' ' ; zest 033 i44 . _ 4•i•'iiy;...1. .. Page 70 of 91 -a- 41! . 4. %` e. Proposals to modify the Citygate RCN 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 i . a.. site colonies in any area sought to be removed from ' ya RCN Preserve Area have been abandoned, and any • required off site mitigation is being provided, appropriate modification to the RCW Management Plan t shall be approved. ! f. Melaleuca and other exotic vegetation within the RCN preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCN 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 1" or more, located outside the.RCW preserve but within " the required yard and buffer areas in the remainder of 4. the site, will be conserved to provide additional RCN tx; forage areas. East of the FM easement in the P;1 vicinity of the RCN preserve area as identified on the ti ; ' Master Plan the minimum parcel sizes are to be 2 r`. acres: minimum yards are front 50' rear 50' side 25': el. 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 t • natural and/or installed landscape areas. r . i. Lands within the RCW preserve area may be utilized for t' 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 RCN nest trees. j. Underground utilities and surface drainage swales may ' cross the RCN 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. •. } a. 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. f °� M 't h:, 033Pi1145 t j •- y 3, . 411 , .-4 ' i T %r Y •,. f '• 4, „ w .'A. r . -ve Page 71 of 91 -'' -is- f# 5, 6 WASTEWATER MANAGEMENT: `t' .r-',N',1 a. No commercial, Service R i D and/or Industrial • '11- development shall be allowed until a package treatment•;;, '11-1 plant or central processing plant is on line to serve T the project. =i.-. b. The applicant shall provide assurance that any ..,. • hazardous wastewater will be segregated from everyday '..' wastewater. ice-' ' ',,`•. c. If percolation ponds are used, they must fully comply F •" i ., with ?DER Standards. '. ,.`'''4'v 1 jIRE PROTECTION! t r ;_ a. hire sprinklers shall be included throughout the project as required by applicable fire codes. b. The project shall participate in lawfully adopted, c:- generally applicable fair share requirements to fund II fire control district facility, equipment and `, 7-'• 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. ';, 0. 7. SOLID HASTE: �� a. The applicant and subsequent tenants of the project j } . 'r,: l � . shall investigate methods of reducing solid waste volume. . • b. The applicant and subsequent tenants shall identify ,t; the proper on-site handling and temporary storage { • procedures for any hazardous waste that may be generated on-site, in accordance with local, regional, fi•k state and federal hazardous waste programs. S. yATER SUPPLY: t-•'j a. The applicant shall consider the utilization of tip' "xeriscape" in the final landscape design for this , - project. This design application should help to J. further reduce irrigation requirements for this DRI. 1 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 florid ytatutea) 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 1. , irrigation where possible. • i A 7,' S • • R� " 033 at 146 • l F Page 72of91 Isasrt iiiii • . i .1 t .'• 7 1 . Z�F„ 0 . r . 1`. •;lL gmfliRAL CONSID!RATIONSi " . , • z' � ' a. The development shall satisfy the requirements of any j • ``, Ordinance, which also requires other developments not i ` J. subject to Chapter 380.06, plorida Statute* procedures ;4 to participate, to contribute its proportionate share needed to accommodate the impacts of the development: j, 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 i 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 modtfied as follows: Phase I - 1994, Phase II - 1997, Phase III - 2000, Phase IV - 2003, Phase V - 2006, shall be incorporated w� as a condition of approval. If development order conditions and applicant commitments incorporated i. 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 p q presumed to be a substantial deviation for the affected regional issue. , 10. J.U.D. DOCUMENT: The approved Citygate ygate PUD document and Master Development `. Plan, as those documents may be officially modified from Y. 4 : time to time, are hereby incorporated in and made a part of ' -' this Development Order and are entitled Exhibit "A", attached hereto. r :j ;:2; SE IT FURTHER RESOLVED, by the Board of County Commissioners of ' )+. Collier County that: .'ab t; t:; 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 -..i. above are hereby adopted by this Development Order by . . reference. t+,`•." 2. The Development Services Director shall be the local official responsible for assuring compliance with the I , "'.1.„ Development Order. q• A 1 fi `["e;..< iw 033 WA • .�: #,�. • .n. • f. I. . •• �` `.:4«:::00:0/.....: Page 73 of 91 -t t- . : i . '' t? ` 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 • ty'. of the Development Order, development approval will . .! terminate and 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 4 ' commencement of development. ` 4. Pursuant to Section 380.06 (15) (c)3, Florida Statutes (1987) , this project is exempt from down zoning or 3 . 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. S. The applicant or its successor(s) in title to the subject property shall submit a report annually, ifi.. 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 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 PO phasing schedule, or substantial deviation from l;. 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 jf- Regional Planning Council: or b. An expiration of the period of effectiveness of � t,. ;1 . this development order as provided herein. H- 1 --'').: ' 1 • ^.J t:^ . v . r s* 033m148 • • t. P •mo a. • '+i � tom'Y a�• Page 74 of 91 • , • Y 4111 ' ,, ,p F 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 4.1::. Development Approval has been submitted, reviewed and approved in accordance with Section 310.06, Florio Btatutee.. 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 i • , other applicable local, state or federal permitting I r: procedures. 1 •:. 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 t^- assignees or successors in interest. �•. 10. It is understood that any reference herein to any • •t governmental agency shall be construed to mean any • future instrumentality which may be created or • designated or successor in interest to, or which 'E 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 4111 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, J: _ and Southwest Florida Regional Planning Council. r '` DULY PASSED AND ADOPTED this 13th day of December •, 1988.. i DATE: December 13, 1908 BOARD OF COUNTY COMMISSIONERS f . COLLI� L�DA I. Q~ 3 .R ? U/ BY 1, • AtTt T'= `r':•.`•c. ; '..# I! ' . •• %. 1�C' _ Deputy Clerk i •t CLERK i gip._% .. :.:*•• • , ;r. I ,_.';� .04, 1VED As 46 €O EN AND LEGAL SUFFICIENCY „ �+ e L - "�IAPJ�t N. STUDENT ;',3 ' 'X41 ASSISTANT COUNTY ATTORNEY .i i ' ''- ' CTYGATt RESOLUTION nu ( , i49 :'1 • f} ,1%.fi• . 111 •4•~ w • _ff '� .+: ,� _ �Er: _,,,,i ,•- _,.err Page75of91 -13- . , 1111111 NM MB ... -. . .1,, r .,... . . - 'o•-•,..".!•- , ,,,,, •,:. S ' "*.: i . • i '' ., i•, ;A•- • „ a . t fj: ‘;•I'...',..' . " l' • . .. i • ...71.,3.... . 7*. . • ,. 0.• it..1, .■ te.,,' . , ..- •- . •. •.... ' 1 S- •-•4.,-** .i: -44'1 .. e$ , ••6 ' • i*,..... , . -z- • ! -• • • . . t . ,' 102i- • . • .4 ... . • ..4.1%,;... ' ,:-'w:''', L : • ,-,.-.1,0:::,.. • . ; - .4: • ...,:n.-...,. .,. • 4 : 1,1-- ,!, ‘,.,• .:,• i .1.;--f•-‘:-''3i ITATZ 07 FLORIDA ) ..r. ^ . : ',...4- :4-'• • • . ..- ■ i 1 -0i:keott$TY or COLLIER ) _—.:, • ^ •,k• . .. - , .-•: •;•10::-- ' . I. JAMES C. GILES, Clerk of Courts in and for the - .. !..,....-.."„' 1. • . -.1*. A ./,' twentieth Judicial Circuit. Collier County, Florida. do 4. .•.4 -;.14:•. r. , 1:;1,..-,.•-.. hereby certify that the foregoing 13 a true copy of: -1.4-- ( .--c"-- . . ',-..4-, . Ordinance No. 88-83 and ,. Dovelopment Order 88-2/Rosolution 88-309 •‘1,',"14-4'. . . I.'-:.,.. ..i. • Which was adopted by the Board of County Commissioners on the - .411.4r :.. • th • • ";....7.41.4, 13th day of Docaaber, 1988, during Regular Session. i, 4"A WITNESS ay hand and the official seal of the Board of•• ?. . ...r. 1 '.....-.4 , County CoasIssioners of Collier County, Florida, this 20th 4 day of Deceaber, 1288. 7.' • : .0'-.- ': . ..-.4"--0W;i.- • ••. . ' • .., - I •:•.• IA/. 4 : A ::: • JAMES C. GILES _ . ... Clerk of Courts and Clerk ..t117S , tTh _ Ex-officio to Board of ...": . ". - ''":•.. .• County COM21221 ners . \• • '•,^ 4f . "..c.. • . .. . . , . . . .s.. rrie..40..c./ ..... .:; 1;• .• :▪ • • •- •I,: By: Mourean anyo • n Deputy Clark .-., • 0. -- ..• • ' H ' f l'..13,''.. • Ojita'%. 1 •v -Is:. , . 1 '_:".)..:1•. • • • , . • ' ..1. .. ..,di-j,. ....„„.„ . , • .%'. ., . 1 •,-1,-:It:tit- . . .. .lcv . . ! , soot 033 pact 150 • . .• . rk , •—..4,,- t -.1:: :;`,4.-- ,;;„. ' •':1:,;7 , ' .A', -;... - -:,. • . -, . . 1(..-'.:' P ' . •'. -..,, - •.'. • - ' .'-. 1'• .„ •, • . •A'' - • ..- ... :, .ff.•■••.•• . r Y .- • '; ,'.4.41,P.■. 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" m I g : 1 03 g -o 4 I :!1::: R 0 CK 17 CO ," - ..; • x < 111 ,r, xi,! i I 0 .::.,. ::: F,N 1 g ; o .0 VI :1 . - F I . : it F 4 , .., ,. sez -11 ; P' El 'i ii=1 U 1 q' g I'ESS 73 i , 0 CD 5. 14 • r .; .-° w O110440 E/090.112. 1 0 0 N . . ,s.,?•-nte Iv 3.,••• ;:., .0 yam MONK&mu an P.1033 C Z z FAUTIAttrIPIS r ; 1 lir" gfi= • i F.kig ! 6A4 . -• M 007sis Mown ela.Pus-LE„N.E) rt.' I- -8 0 -,-,..... ‘ 1 0 . tsol: ; !JP,W MOAT t,q I 1 Z A M 2 La 1 ;' 5 > -,z 144 , ,, ...g. ,1 i 1.7"LII.E.,4 , k -,..-4 4,, ': , 1 °I. 111 ri i2 air'! ;5 I 1 .., 12 ,---0-,.= i; , .srm,wr s mom! , moo. 1 ?V t T I I e 'l' is Yr• MST 4.13.LIM U 21 0 1 ! 11 CZ .., •-• .t: R6 ..a CI, 0 N M A ; 3; ipilifiii 4 v K2 0 0 1:1 ••: \X 2 45 , 4 i M co 13 in ifIL.ii 415E. `, ' 1 --1- - " X 2 1P§„i2 WO Z "I A ' 4 12.6 !....+ -o 2 PI PRP q"Pl2 r Niqp 4133 ; .84 r.: El s tt F4 A a P x ::, gig/ iq '1 •4, . \ 2 g p DE DAVIDSON f.N G IN EF.R INC. EXHIBIT D Page 80 of 91 .°"°°. mow, 96349 w7�7 I 4 COLLIER BOULEVARD (C.R.951) �� k�� I 1 L I c.' i�� r < CMS i ggg NHIIE LAKE BLVD a I s Z WHITE LAKE BOULEVARD - u N 8 a D 11 1 WV ,; i m i m 1 / ` n 1 D 1 r 1 / I I 'r I IF 1 1 1/y m Q 14 s 71 p° + r` 35190 NYN939B A v S m U-01 NOTES :r �' ° i 3 2-21-95 D04-95-5 95-153 `� 6 5-23-00 DOA-00-1 00-151 la 5 3-25-09 LOC 01 AR2 3B 09-75 6 0-25-12 LOC OPO.12-04 7 1-9-10 PUDA-PL-10-!55 10-53 5 11-9-10 00A-PL-t0-00 10-223 193 ° 0-1 1 L J Fr F, U m N l - 8mv ,. t" \ L ,A V. § o • E 53 $ i 3 $ H g• R o m q f . m 2 8 'S w g R 4 t R ' • 1 0 (CD) - 41 C r y. _ z m ,z CI 0 0 " m A_ m 0 CC can- A— r Z 3 n ; -1 — m LO Z w o i- W m z VI A 96365 Z 71 z 0 N DE DAVIDSON FN GI NFIp NC EXHIBIT E Page 82 of 91 ATTORNEY'S AFFIDAVIT BEFORE ME, the undersigned authority, personally on this jday 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 B. 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 State 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 the information contained in this Affidavit is, to the best of his knowledge,true,correct and current as of the date this Affidavit is given,except as otherwise provided herein. Witnesses: / / Orr itne s#1 RO R B. RICE, Esquire Print name of witness#1 &lAte/l/teVI--e- .4.1i, /i- Witness#2 6&1 V/LV6 vreA&,� Print name of witness#2 STATE OF FLORIDA COUNFYOFCOI J JFR SUBSCRIBED AND SWORN to before me this °day of September,2015,by ROGER B.RICE,who is personally known to me. f NOTARY PUBLIC Notary:' blic -STCan, � My Commission Expires: 5-7/ /�0(7 • is / 9 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 $78.00 FIRST AMENDMENT TO DEVELOPER AGREEMENT City Gate THIS AMENDMENT TO A DEVELOPER AGREEMENT is made and entered into this -,43 of 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"). RECITALS: 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 I. - - : - referred to as the "DRI Development Order"),and Ordinance No. 88-93,w''0 10RecilleR9, .ment from "A-2"—Agriculture to "PUD" —Planned Unit Develop i .• . •evelopm- - . - is own as City Gate Commerce Park(the"PUD");and (J WHEREAS, the De elo,er . •- • en •' into . -veloper Agreement dated December 1, 2009,which is - • • - O 'k' 7 pages 640 through 704 in the Official Records of Coll'- •. ty, •lo •. (` --.-e: • 1. 1 WHEREAS, at its A• 0, 112 meeting, w1• resp.ct t•. +- Developer Agreement,the Board of County Commissio i: -cognized that the •p- • paid the road impact fees then due,and directed that a p `. nt Certificate of ' i. - _4' Adequacy be issued for the land uses authorized in the Phase : at;and WHEREAS, Developers w. . p ' R• e County that they continue to have full ownership or control with respect to all portions 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 /'1 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 DRLPUD 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 to II •, --- • maround will be provided in front of the gate. R 00-A7. 3. Developer shall . : ' street lights when : . ••: the adjacent property. The County will have street lighti : de: -: a he extension of. ity ate Boulevard North so that conduit will be installed at . .pre•ri .do• un•-r the roa'wa . The County's design and construction of the extension o -••••.,� . :-•: v: ' . - . ••-1 T clue conduit for other future utilities and irrigation. Dev;lop= .t ay pa I W, hen platting the adjacent T\ property. Upon completion • ■- . o-. • - • • d a: - �. ,-n :fin, the County shall maintain City Gate Boulevard No +L..;:,.m CR-' to it Z. -. • ..•I,.•ary, except lighting and landscaping which shall be M�r�.ained by the Deve e- i o :s1 tanding the foregoing, the County will mow the extensio+j1,r*�,t-of-way four tim- e..of first week of July, October, January, April) until the land .• a is platted. The P , will work with City Gate to consider temporary traffic calming., .t�' - \T . clC 4. Developer will dedicate the rig-ER-if-Way and ancillary water management needed for the road via plat at no cost to the County and for no impact fee credits. Once the approved design for this right-of-way area has been completed, and in order to evidence this dedication, the Developer and County will cooperate in the preparation and processing of a plat for the right- of-way corridor, including ancillary water management (drainage), sidewalk/pathways, and County Water-Sewer District (CUES) and public utilities (PUEs). Should the County want to move forward with construction of the right-of-way area prior to the completion of the aforementioned platting process, Developer will grant temporary construction easements to the County for work within the dedicated areas and within an agreed upon area outside as needed for construction. The County shall replace any damaged or removed improvements or vegetation within the agreed upon area outside of the dedicated areas. 5. Upon meeting its commitments in this Amendment, all of City Gate will be deemed vested for transportation concurrency. Site access improvements to the individual lots will be the responsibility of City Gate or their end users. Developer will continue to be responsible for DRI monitoring and compliance. t."1 Page 2 of 5 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 of .4-date I t above written. COtiA Attest: - 1/4) BOARD OF IeN COMMISSIONERS DWIGHT.E.VRQC ,Clerk COLLIER CO ' Y, ' LORIDA • NI B L! p... i ' , � �R' an Attest ;to ! : � Signature, ' O Approve• ' , .rm and legali O ,s, Alt.LI 1 0-"V&- ‘. Jeffrey A. ' .`4'a: , County Attorney I REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGES TO FOLLOW Page 3 of 5 OR 5168 PG 3992 i AS TO DEVELOPER: Si 14 ed, aled and Citygate Development, LLC • -live -• in the presence of: A Florida Limited Liability Company krIkr -- .- f , _ __ ___ By:111, AA/C-'4"(-2 .ign. re / / •seph /�Weber, Vice President //gw{fre•)GG 7 51-2,4,..i-3 4: Printed Name I0"m" Signature 4142$'''�\-1 I//)'� o I 9� " ':% AlC . ricore� ;5 I Printed Name p� - R- C rL s STATE OF Oh i.0 /C)'o .1_ _ i`: COUNTY OF SUM rm i'f,, The foregoing instrument w; a' . Iw1•ig d e'• -- ■, ; :` ; .ay of JL�.ne, ,2015, by Joseph R. i Weber, as Vic, d . t •velo s I, a Florida limited liability company, who is persona . . own to me or . p .. ,,..tk as identification. 'et q 61,. .I1.liy I �1Q-�I.e A . VGtY 1SC6 My Commission Expires: 4/i 3/1 9 sip. ed, s-aled and 850 NWN,LLC d ive in the presence of: A Florida Limited Liability Company �• 1 i1: • __ By:••/r ' 1f kh —1 ignature ' •seph : eber,Vice President LRw��cre � ,�T�4�� Printed Name al, 7v..- .-� Signature Ales 14-6(e Printed Name _ Page 4 of 5 OR 5168 PG 3993 ptNtatNptp y .r'" 1.E A. V 14 • '%G� 1 I/Tq: O I. � • 4 O= STATE OF I ' _S. • ''' COUNTY OF Sure rn r :Z " • ' _ The foregoing instrument was acknowled�: ; s ' this 5 day of June ,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: q C_' € 1 kQ A A . V(,(V t S CO My Commission Expires: 4/ 13/r 9 Sig,-d,s=. ed and r� tt, de vere• in the presence of: 'a - •ti : m Liability Company ' / ' , W i± By t iCAL* it `rgn` e/ • / 47• -., '. ` :ber, ice President ,G.4w0-ee ST t.�r'i1 n �� Printed Name .I totft, i-Cc- �--f-11 ii°-` ''`' I?t,,,t,- ' 4-i*10..Signature l/ �p ltti McG,,e► / ;i i Printed Name ,�1)^ E CI STATE OF 0 l6 ,'•,. 'i'4, ' 'y��Nht ubgt``0 COUNTY OF 5u mm,t The foregoing instrument was acknowledged before me this 5 day of JUne. ,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. )itiakidiLA OcuAsc.a Notary Public , Print Name: ■ I Ci-t//e A . VQ V 1$LQ My Commission Expires: 4/13/ / 9 Page 5 of 5 I DE DAVIDSON ENGIN EFRING 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 eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name:ICITYGATE DEVELOPMENT LLC Parcel: 26095000086 Acre: 2.68 Address: 121 S MAIN ST STE 500 Loc: 3841 CITY GATE BLVD N NAPLES (Map)(GIS Address:I View) Address: Legal: CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: LOT 1 Legal: VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 875,556 County: 3146.57 Nov: 10074.55 Paid Dt: 11/26/2014 Taxable Value: 875,556 School St: 2917.35 Dec: 10179.49 Recpt: 81361 Millage Code: 31 School loc: 1968.25 Jan: 10284.43 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb: 10389.38 Paymt: 10,074.55 Agricltr Ex: 0 Dependt: 790.02 Mar: 10494.32 Mort: 0 Widow Ex: 0 Water: 271.16 Apr: .0 STATUS INFO. Blind Ex: 0 Independ: 1,400.97 May: .0 Disabled: 0 Voter Appr: 0.00 Now Due: 0.00 Non Ad Va: N Veteran Ex: 0 Installment:IN Gross Tax: 10494.32 Deferred: N Wholly Ex: 0 Appr fee: .0 Bankrupt:IN Civilian Ex: 0 Advertising: 0.00 TDA: 0 COMMENTS New Search Back To List 2003 Parcel Information 1 2004 Parcel Information I 2005 Parcel Information I 2006 Parcel Information 2007 Parcel Information I 2008 Parcel Information 1 2009 Parcel Information I 2010 Parcel Information I 2011 Parcel Information I 2012 Parcel Information I 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 85 of 91 Page 1 of 1 collier county rroperty appraiser Property Summary Parcel No. '26095000109 Site Adr. 3837 CITY GATE BLVD N Name/Address !SOUTHERN MANAGEMENT CORP 324 SW 16TH ST i r City 1BELLE GLADE State FL Zip i 33430-2824 Map No. Strap No. Section Township Range Acres *Estimated 4B35 219300 24B35 35 49 26 1.42 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 2 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 $ 618,V"1 12/20/05 3951-3618 $ (+_(+)) --- Improved Value $.,i (=) Market Value $618,552 (=) Assessed Value $618,552 (=) School Taxable Value $618,552 (=) Taxable Value $618,5521 If all Values shown above equal 0 this parcel was created after the Final Tax Roll ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000109 9/16/2015 Page 1 of 1 coiner county rroperty appraiser Property Summary Parcel No. 26095000125 Site Adr. 3835 WHITE LAKE BLVD Name/Address URIKA TQ INC 1567 PARKWOOD LN City iNAPLES State FL Zip '34103-8534 Map No. Strap No. 1 Section Township Range Acres *Estimated 4B35 219300 34B35 35 49 26 2 Legal !CITY GATE COMMERCE CENTER PHASE ONE LOTS 3&4 Millage Area 0 31 Millage Rates 0 *Calculations Sub./Condo 1219300-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 Sales are listed due to Confidentiality) (Subject to Change) -- Date Book-Page Amount Land Value $871,2001 4/11/05 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 ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000125 9/16/2015 Page 1 of 1 collier county 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 4B35 219300 54B35 35 49 26 1.1 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 5 Millage Area 0 31 Millage Rates 0 *Calculations Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total Use Code 0 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 $ 383,37" 03/11/10 4545-1536 $ 700,000 a e _.�.. 4545-1536 __ (+) Improved Value $ 186,74 03/23/09 4441-565 $ 1,010,000 _.._______ (=) Market Value ---- - -- $570,072 11/22/05 3934-88 $862,500 (=) 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 :tp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000167 9/16/2015 Page 1 of 1 coiner county 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 A *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! _ 41/27/06 3972-3620 $ 1,590,900 (+) Improved proved 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 ttp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=26095000183 9/16/2015 Page 1 of 1 coiner county rroperty Appraiser 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 1 Range Acres *Estimated 4B35 j 219300 74B35 35 49 26 1.88 Legal CITY GATE COMMERCE CENTER PHASE ONE LOT 7 Millage Area 0 31 Millage Rates 0 *Calculations I Sub./Condo 219300-CITY GATE COMMERCE CENTER PHASE ONE I 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,x"'1 12/28/06 4161-1928 $1,833.600 —(+) Improved Value $.. 02/21/06 3985-3420 $0 - - .. (=) 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 ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000206 9/16/2015 Page 1 of 1 cower county rroperty appraiser Property Summary Parcel No. 26095000222 Site Adr. 13815 WHITE LAKE BLVD ri --- _ Name/Address RAI RESTAURANTS INC ;450 S ORANGE AVE 10TH FL _...., : 1 City ORLANDO ; State ;FL I Zip ;32801-3383 Map No. Strap No. i Section 1 Township ' Range ; Acres *Estimated 4B35 219300 84835 35 ; 49 26 1 1.74 Lege IICITY GATE COMMERCE CENTER PHASE ONE LOT 8 Millage Area 0131 Mil lage Rates 0 *Calculations Sub./Condo 1219300-CITY GATE COMMERCE CENTER PHASE ONE School Other Total ---t Use Codes ;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; J3/14/07 1 4270-1462 $1,51 5,900 (+) Improved Value $0 02/21/06 1 3985-3420 $0 (=) Market Value $606,355; 1 (=) 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 tp://www.collierappraisencom/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 Sign up for eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name:ICITYGATE DEVELOPMENT LLC I Parcel: 26095000248 Acre: 1.67 Address]121 S MAIN ST STE 500 3811 WHITE LAKE BLVD NAPLES (Map)(GIS Loc: View) Address J Address11 [ Legal: CITY GATE COMMERCE CENTER Address:[ Legal:[PHASE ONE Address:[AKRON,OH 44308-1426 I Legal: 1LOT 9 Legal: VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 581,962 County:[2091.45 Nov: 6696.32 Paid Dt: 11/26/2014 Taxable Value: 581,962 School St:[1939.10 [ Dec: 6766.07 Recpt: 81360 Millage Code: 31 School loc:[1308.25 [ Jan: 6835.82 Mach: 9 Homested Ex: 0 City Tax:[0.00 [ Feb: 6905.58 Paymt: 6,696.32 Agricltr Ex: 0 Dependt:[525.10 I Mar: 6975.33 Mort: 0 Widow Ex: 0 1 Water:[180.24 I Apr: .0 STATUS INFO. Blind Ex: 0 Independ:[931.19 I May: .0 Disabled: 0 Voter Appr:10.00 I Now Due: 0.00 Non Ad Va: N Veteran Ex: 0 I Installment: N *Gross Tax: 6975.33 J Deferred: N Wholly Ex: 0 Appr fee:[.0 [ Bankrupt: N Civilian Ex: 0 Advertising:10.00 TDA: 0 COMMENTS New Search Back To List 2003 Parcel Information I 2004 Parcel Information I 2005 Parcel Information 1 2006 Parcel Information I 2007 Parcel Information 1 2008 Parcel Information 1 2009 Parcel Information 1 2010 Parcel Information 1 2011 Parcel Information 1 2012 Parcel Information I 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 Sign 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)(GIS Loc: View) Address: Address: Legal: CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: LOT 10 Legal: VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 571,507 County: 2053.89 Nov: 6576.04 Paid Dt: 11/26/2014 Taxable Value: 571,507 School St: 1904.26 Dec: 6644.54 Recpt: 81359 Millage Code: 31 School loc: 1284.75 Jan: 6713.04 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb: 6781.54 Paymt: 6,576.04 Agricltr Ex: 0 Dependt: 515.67 Mar: 6850.04 Mort: 0 Widow Ex: 0 Water: 177.00 Apr: .0 Blind Ex: 0 Independ:1914.47 May:1.0 STATUS INFO. Non Ad Va:(N Disabled: 0 Voter Appr: 0.00 Now Due: 0.00 Installment:IN Veteran Ex: 0 *Gross Tax: 6850.04 Deferred: N Wholly Exd 0 Appr fee: .0 Bankrupt: N Civilian Ex: 0 Advertising: 0.00 TDA: 0 COMMENTS New Search Back To List 2003 Parcel Information I 2004 Parcel Information I 2005 Parcel Information 1 2006 Parcel Information I 2007 Parcel Information I 2008 Parcel Information 1 2009 Parcel Information I 2010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Information I 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:ICITYGATE DEVELOPMENT LLC Parcel: 26095000280 Acre: 1.50 Address:1121 S MAIN ST STE 500 Loc. 3803 WHITE LAKE BLVD NAPLES (Map)(GIS • Address:I \1e") Address:I I Legal: (CITY GATE COMMERCE CENTER Address:( Legal: PHASE ONE Address:(AKRON,OH 44308-1426 I Legal: LOT 11 Legal: I VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 522,720 County:[1878.56 Nov: 6014.65 Paid Dt: 11/26/2014 Taxable Value: 522,720 School St:[1741.70 I Dec: 6077.30 Recpt: 81358 Millage Code: 31 School loc:[1175.07 I Jan: 6139.95 Mach: 9 Homested Ex: 0 City Tax:[0.00 Feb: 6202.61 Paymt: 6,014.65 Agricltr Ex: 0 Dependt:[471.65 I Mar: 6265.26 1 Mort:10 Widow Ex: 0 Water:[161.88 Apr: .0 Blind Ex: 0 Independ:[836.40 I May: .0 STATUS INFO. IN J Disabled: 0 Voter Appr:[0.00 I Now Due: 0.00 Non Ad Va: Veteran Ex: 0 Installment:IN Gross Tax:[6265.26 Wholly Ex: 0 Deferred:IN Who Y Appr fee:[.0 Civilian Ex: 0 Bankrupt:IN Advertising:[0.00 TDA: 0 COMMENTS - X New Search Back To List 2003 Parcel Information 1 2004 Parcel Information 1 2005 Parcel Information 1 2006 Parcel Information 1 2007 Parcel Information 1 2008 Parcel Information 1 2009 Parcel Information 1 2010 Parcel Information 1 2011 Parcel Information 1 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. OWNER INFORMATION PROPERTY INFORMATION Name: CITYGATE DEVELOPMENT LLC Parcel: 26095000303 Acre: 1.19 Address: 121 S MAIN ST STE 500 Loc: 3799 WHITE LAKE BLVD NAPLES (Map)(GIS Address: yew Address: Legal: CITY GATE COMMERCE CENTER Address: Legal: PHASE ONE Address: AKRON,OH 44308-1426 Legal: ILOT 12 Legal: 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:14566.59 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb: 4613.19 Paymt: 4,473.40 Agricltr Ex: 0 Dependt: 350.79 Mar: 4659.79 Mort: 0 Widow Ex: 0 Water: 120.40 Apr: .0 STATUS INFO. Blind Ex: 0 Independ: 622.08 May: .0 Non Ad Va: N Disabled: 0 Voter Appr: 0.00 Now Due: 0.00 Installment IN Veteran Ex:[0 *Gross Tax: 4659.79 � Deferred:1`N Wholly Ex: 0 Appr fee: .0 Bankrupt: N Civilian Ex: 0 Advertising: 0.00 TDA: 0 COMMENTS New Search Back To List 2003 Parcel Information 1 2004 Parcel Information 1 2005 Parcel Information I 2006 Parcel Information I 2007 Parcel Information 1 2008 Parcel Information I 2009 Parcel Information I 2010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Infoiination I 2013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 91 of 91 Page 1 of 1 collier county rroperty appraiser Property Summary Parcel No. 26095000387 Site Adr. ;3798 WHITE LAKE BLVD Name/Address CHM NAPLES HOTEL PRTNERS LLC j%CHARTWELL HOSPITALITY 2000 MERIDIAN BLVD STE 200 City FRANKLIN State 'TN Zip 37067-6361 Map No. Strap No. Section Township j Range Acres *Estimated 4835 1 219300 1641335 35 49 1 26 I 4.55 Legal ';CITY GATE COMMERCE CENTER PHASE ONE LOT 16 Millage Area O 31 i Millage Rates O *Calculations Sub./Condo '219300-CITY GATE COMMERCE CENTER PHASE ONE I School " Other Total Use Code O j39 - 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 I Land Value $966,2' ■ 10/05/06 I 4116-4107 $2,050,000 ; I (+) Improved Value $4,795,023 (=) Market Value $ 5,761,238 (-) 10% Cap $ 127,431 (=) 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 tp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000387 9/16/2015 coiner county rroperty appraiser Page 1 of 1 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 1 FRANKLIN State TN Zip 37067-6361 Map No. I Strap No. Section Township Range Acres *Estimated 4B35 219300 15.14B35 35 49 26 3.06 CITY GATE COMMERCE CENTER PHASE ONE EASTERLY PORTION OF LOT 15 (AKA LOT 15B) 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 U LOT 15 175.01FT TO POB; CONT N 89DEG E 515.81FT TO SE CNR LOT 15, N ODEG E ALG E U 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 0 31 Millage Rates 0 *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 $727,621 ..._10/05/06 L4116 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 $6,167,306 (=) Taxable Value $5,696,203 If all Values shown above equal 0 this parcel was created after the Final Tax Roll ttp://www.collierappraiser.com/main search/Recorddetail.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 r 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 154B35 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 POB;CONT S ODEG W ALG W U LOT 15 232.31FT ST SW CNR LOT 15, N 89DEG Legal E ALG SI U LOT 15 175.01FT, N ODEG W 256.46FT TO PT ON N U LOT 15, S 89DEG W ALG N U LOT 15 143.09FT TO BEG CURVE TO LEFT W/RADIUS 25FT, SWLY ALG CURVE 38.52FT W/CHORD BEARING S 44DEG W TO PT ON W U LOT 15, S ODEG W ALG W U 232.31FT TO POB 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 $ 284,544 10/05/06 4116-4083 $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 ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=26095000361 9/16/2015 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: 26095000345 Acre: 1.16 Address: 121 S MAIN ST STE 500 Loc: 3826 WHITE LAKE BLVD NAPLES (Map)(GIS Address: View) Address: Legal: 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: 13779.21 Paid Dt: 11/26/2014 Taxable Value: 328,442 School St: 109437 Dec: 3818.58 Recpt: 81356 Millage Code: 31 School loc: 738.34 Jan:13857.95 Mach: 9 Homested Ex: 0 City Tax: 0.00 Feb:13897.31 Paymt: 3,779.21 Agricltr Ex: 0 Dependt: 296.36 Mar: 13936.68 Mort: 0 Widow Ex: 0 Water: 101.72 Apr: 10 Blind Ex: 0 Independ: 525.54 May: .0 STATUS INFO. Non Ad Va: N Disabled: 0 Voter Appr: 0.00 Now Due: 0.00 Installment: N Veteran Ex: 0 *Gross Tax: 3936.68 Deferred:IN Wholly Ex:1 0 Appr fee: .0 j Bankrupt: N Civilian Ex: 0 Advertising: 0.00 TDA: 0 COMMENTS * New Search Back To List 2003 Parcel Information 1 2004 Parcel Information 1 2005 Parcel Information I 2006 Parcel Information I 2007 Parcel Information 1 2008 Parcel Information 1 2009 Parcel Information 1 2010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Information 1 2013 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 up for eBill for an electronic,paperless tax bill in 2015. OWNER INFORMATION PROPERTY INFORMATION Name:ICITYGATE DEVELOPMENT LLC I Parcel: 26095000329 Acre: 1.02 Address:11219 S MAIN ST STE 500 3836 WHITE LAKE BLVD NAPLES (Map)(GIS _ Loc: View) Address:I 1 Address: _ I Legal: CITY GATE COMMERCE CENTER Address: I I Legal: PHASE ONE Address: AKRON,OH 44308-0000 I Legal: LOT 13 Legal: VALUE/EXEMPTIONS I TAX INFORMATION PAY TERMS PAYMENT INFO Market Value: 288,803 County:[1037.90 Nov: 13323.10 j Paid Dt: 00/00/0000 Taxable Value: 288,803 School St:[962.29 Dec: 3357.71 Recpt: 0 Millage Code: 31 School loc:[649.23 Jan: 13392.33 Mach: 0 Homested Ex: 0 City Tax:[0.00 Feb: 13426.94 Paymt: 0.00 Agricltr Ex: 0 Dependt:[260.59 Mar: 13461.56 Mort: 0 Widow Ex: 0 Water:[89.44 Apr: .0 STATUS INFO. Blind Ex: 0 Independ:[462.11 May: .0 Non Ad Va: N Disabled: 0 Voter Appr:[0.00 Now Due: [3426.94 Installment: N Veteran Ex: 0 * Gross Tax:[3461.56 Pay Current Taxes Online Deferred: N Wholly Ex: 0 Appr fee:[_0 Emom Bankrupt: N Civilian Ex: 0 Advertising:[0.00 VISA TDA: 0 fel COMMENTS New Search Back To List 2003 Parcel Information 1 2004 Parcel Information I 2005 Parcel Information I 2006 Parcel Information I 2007 Parcel Information 1 2008 Parcel Information 1 2009 Parcel Information 1 2010 Parcel Information I 2011 Parcel Information 1 2012 Parcel Information 1 2.013 Parcel Information Last Updated: 02/08/2015 5:00pm Page 88 of 91 • ORDINANCE 8p- 93 �. AN ORDINANCE AMENDING ORDINANCE 82-2 JAN 4 188 �\ THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER S.W. FLORIDA REGIONAL COUNTY, BY CHANG ZONING THE PLANNING ��L 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 1-75 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., 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 TAO: 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 G,. COLLIE COUNTY, FLORIDA ATTEST: BY JAMES C. GILES•; CLERK B RT L. SAUNDERS, CHAIRMAN c, • AFPROVED.AS,'TO FORM AND LEGAL SUFFICIENCY MARg8gIE M. STU EN ASSISTANT COUNTY ATTORNEY • R-87-13C Ordinance Attachment B t.j s • • 12-5-88 CITYCATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vines & Associates, Inc. 715 Tenth Street South Naples, Florida 33940 Phone: (813) 262-4164 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC: 7 2/13/83 Ordinance Number: $8-93 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 30 - 40 VII. RED COCKADED WOODPECKER MANAGEMENT PLAN 41 - 44 ATTACHMENTS: MASTER PLAN TABLE 12.B.3. • SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ill 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: CITYGATE 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 & 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 AND ASSOC., INC. /3 9 File No. 85:23 9/30/86 CONSULTING ENGINEERS-LAND SURVEYORS Sheet 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 00°29' 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 6 Light Company (FP&L) right-of-way. as described in Official Records Book 681 , Page 1210, Collier County Records; thence along said Westerly FPO_ right-of-way North 31°30'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP6L right-of-way South 58°30' 03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FPO_ right-of-way South 00°47' 14" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°47' 14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP&L 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 ��.v.:=i�' .:'�: -'�:.;�5.F��vt.,'�ci.L.s.. r.��:�..r�•,..;3.xe.a._.i! ,ice:..._....... _ _ . ... — ..._. .....: _ .. . .. 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. • � f 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The 287.187 acre tract lies in the northeast quadrant of the 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 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. 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 ...1... .Se{:r•..:'G.y� • •.mot.:..'..;. 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. & 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 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 1 • • 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. & L. Easement 12 Building sites (includes wetland - preserves which must be kept as on-site natural areas) 209 Total 287 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 �1 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 k 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 P."-1 • ..... ,.' '...wu� .a_..._ s.. . ... • 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.B., 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. t".\ 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. 13 • • 2.9 FIRE STATION SITE Citygate Commerce Park representatives shall confer with appropriate Golden Gate 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 DR! Development Order and all other applicable 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 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 III ■ 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 & LIGHT EASEMENT: 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 - y� jem,rH 7,..) • 15 /*"\ 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 & LIGHT 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 & 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 4. Caretaker's residence subject to Section 8.40 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. & 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. & 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. & 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. & L. easement: 20% of gross site area East of F.P. & 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 ' ... tat�....... .. .... ..... 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.) G. 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 Gate 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 2.5.8. 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 Deveiopment 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. 24 /"'"\ 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 d 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/ �1 or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (Saba) palmetto), and butterfly orchids (Encyclia 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 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 laning. In the event that a significant 29 • • /") •I. r /11 ' VINES i ASSOCIATES,INC. LAND PLANNER.PROJECT COORDINATOR Si??• HOLE,MONTES&ASSOCIATES,INC. CIVIL ENGINEERS MISSIMER i ASSOCIATES,INC. HYDROLOGICAL ENGINEERS • NV BAHR,DUNLOP 6 ASSOCIATES,INC. TRAFFIC ENGINEERS ♦ t KEVIN L.ERWIN ECOLOGIST • J . 3 y S.R.957 ..] ►awl_ i�_ ... /* i . -4. 1 c i l 7. ( • ` y COLLIER COU Y REGIONAL \ r F / -• WATER TREA ENT PLANT SITE S / - in �O Q.f•A S.1J f ) .'.�'f i • Y • F.P.i.TRANSMISSION LME EASEMENT !1 L __ ,_-_ ` \NP-.,-- -•AGE\ ..... ..`_, !+4 . �/,"J, �/ = ti, "-}};'TREATNENl LANT SIITT,. 7' LTM' __ Vv=ice Ft` • Qq 0 8 pp cn ' i o° 4M D 41; m A 07 • 1 In T < i o'lb f G. T ?A In iri D . fc _, n d r0 `ap p z a N ° -o r- t. : F �.o0,J m IP m Z f!. �E2 A F. �, .;Ailei-45 . fa )o 9ti. g �.« ''';'" 7 . ( = _ Y a a. ? $ =, N a /10..\ • • 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 impact fees 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 j t 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 far 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 • 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 Z 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 facility(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 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(s), etc. 4. 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: �1 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 �1 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 P"1 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. . G. 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. 39 I 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. Prior to approval of construction documents by the Utilities Division, the. Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public 41 • 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-1.; operation of the land disposal site. 42 1 SECTION VII RED COCKADED WOODPECKER MANAGEMENT PLAN • The Red Cockaded Woodpecker (RCWI, 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 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 ' 1 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 • 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 Game and Fresh Water Fish Commission may provide comments and recommendations to Collier County regarding the proposed Management Plan modification. 46 . 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 • w w w w C ' w C 0 N w o CS IS N a a o Cr Cr a h 01 C E 0 0 o 0 0 0 0 0 0 0 0 •C co O. 0 L O O O O _ O O O O O 0 co N M N f7/1 in 00 al IN .- t0 t70 r Q Oa - . m 7`.... M O in O to PI PI o M- N . ED ED O N N N N M KI N NI O' a.•. a W • I ' ✓ an 0 0 •1 tD N 0 0 0 b 0 M L 0 N O O M .- tD O O O .- O to .� d in M M t/i O O M to to N In• L N N ... t0 E0 0. . 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I- U U 0) •0.c •• • 1 j ;; C 01 0 ,o. an -• a F-• 1100 i-v. 1-5 w... to .L+'3 • O CO Cl.a •.r w Q O 2 1. a LL 130 co d F- `.- U)_ i :« n «' 0 c w a N 0 «CC Q I IN S A x CC E 0 LLAI w I-- 0 1 • • ' i • (3) These sales and services will primarily serve interstate hihighway travelers and employees or businesses within the project, 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. • • When definitive published parking and/or employee standards for a specific land use were not available, the estimates 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, industrial 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. • • • - r 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 tb 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 I 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- S 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, 8:36,000 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 OUALITY: 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, -4- 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 I-75 CR-896 (Pine Ridge Road) - Airport-Pulling Road to I-75 SR-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, t"-, 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- 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 FDOT 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- • 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 Ridge 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- _. s. 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 approved methodology 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. -8- ,�. _:y..t' 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. .•J£ .+.a.Ja'Jti.LLw[li:.i�GIv. VPF�..� i.+.f... 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. SOLID 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. . ._y r -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. 3ti -1 1- i.°za 'ti Xi r y 4 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 and 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. C _ ' un:vv tiT: : -12- tea; . 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 COUNTY, FL IDA ATTEST: �. BY: BY:, vt1 y.,0.(? _ Deputy Clerk S C CLERK APPROVED-AS •k.ohm; AND LEGAL SUFFICIENCY o l UZ ir�[ ,t MARJO E M. • STUDENT ASSISTANT COUNTY ATTORNEY CITYGATE RESOLUTION .. . :.�� :�:;_.�: ,�;:«,�.;;3a�;;��: ::::.�.• -13- -°,rte-• I Coyer Coun.ty 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 ccessible 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 '�uthermore, in the PUD under Section III, Both East and West of the Florida Power & Light Easement the ,flowing 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 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 fall 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.All 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: l - Rachel Beasley,Planner Ray lows, Manager Zoning Division Zoning Division C:Annis Moxam, Addressing Section ZVL(CUD)-PL20150001787 (correspondence file) NAPLES DAILY NEWS « Friday, October 2,2015 <u 17D Notice Notice NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,October 22,2015, in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are-available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite#101,Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida October 2,2015 No.713577 EXHIBIT