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CCPC Agenda 07/21/2016
COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA JULY 21, 2016 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., JULY 21, 2016, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES: June 16,2016 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTSDED PUBLIC HEARINGS: A. DOA-PL20140002309: A Resolution amending Resolution Number 95-71 (Development Order no. 95-01), as amended, for the Pelican Marsh Development of Regional Impact ("DRI") located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by adding 43.2 acres to the DRI; by revising Exhibit "D" and Map "H3" contained in the DRI Development Order to add 43.2 acres to the DRI and an access point on Livingston Road; and by increasing the reserve and right of way; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously 1 Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. (Companion item to Pelican Marsh PUDR-PL20140002211) [Coordinator: Nancy Gundlach,AICP, RLA,Principal Planner] B. PUDR-PL20140002211: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 43.2± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add R1 district parcels for 66 single family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district; by increasing the reserve and right of way; and by providing an effective date. The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida consisting of 2,256.8± acres for the entire Pelican Marsh PUD. (Companion item to DOA-PL20140002309) [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 June 16,2016 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida,June 16,2016 LET IT BE REMEMBERED,that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Conference Rooms 609/610, Growth Management Department, 2800 North Horseshoe Drive, Florida, with the following members present: CHAIRMAN: Mark Strain Wafaa F.Assaad Stan Chrzanowski Diane Ebert Karen Homiak Charlette Roman Andrew Solis ALSO PRESENT: Raymond V. Bellows,Zoning Manager Heidi Ashton-Cicko,Managing Assistant County Attorney Tom Eastman, School District Representative Page 1 of 27 June 16, 2016 PROCEEDINGS CHAIRMAN STRAIN: Everybody,we're late,but we finally got the recording devices working, thanks to John and backup from Ray. I appreciate your efforts. Ladies,if you don't mind breaking it off while we start the meeting. Welcome to the June 16th meeting of the Collier County Planning Commission. Please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Secretary,please do the role call. COMMISSIONER EBERT: Good morning. Mr.Eastman? MR.EASTMAN: Here. COMMISSIONER EBERT: Mr. Roman? COMMISSIONER ROMAN: Here. MR.EASTMAN: Mr.Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Mr. Solis? COMMISSIONER SOLIS: Present. COMMISSIONER EBERT: Mr.Assad? COMMISSIONER ASAAD: Here. COMMISSIONER EBERT: Ms.Ebert is here. Ms.Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: And Mr. Strain? CHAIRMAN STRAIN: Here. Addenda to the agenda. We have two items scheduled,one for continuance. The item that was being requested to be continued is under PL--9A,PL20130002637/CPSP-2013-11. This is for some changes recommended by staff through amendments to the GMP and master plan. All those--is there anybody that has a problem if I make a motion to continue that to the July 7th meeting discussion? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Motion made by the chairman, seconded by Karen. All those in favor? COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER ASAAD: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Planning Commission absences. Our next meeting is July 7th. Does anybody know if they're not going to be here? Okay. So we'll have quorum. There are no minutes to approve at this meeting. BCC report and recaps,right? MR.BELLOWS: Yes. On June 14th,the Board of County Commissioners heard the Pine Ridge Center PUD amendment that was approved under their summary judgment,subject to the Planning Commission recommendations. CHAIRMAN STRAIN: Thank you. That takes us to the chairman's report. Page 2 of 27 June 16, 2016 I just want to talk to you about today's meeting. For those that didn't know,the Board of County Commissioners had a budget hearing scheduled for today, so they needed the room, so we got moved over here. The meeting is being recorded and transcribed. The meeting is not on video. The reason for that is,both cases we're hearing today,one is a consent and the other is a rehearing of one that was continued that we've heard most of the issues on at the last meeting.The cost to do video offsite is expensive. They have to drag over the video equipment as well as personnel and then move it back over. I didn't see that to be a necessity for our decision-making process today,thus the applicants from the previous cases didn't have a lot of public concern, showing up at the meeting,and didn't think we needed to take it. So if you go to look for it, it won't be there. The microphones are a little sensitive. They react to voice activation,so bring them close to you to talk into them in this room. With that,we'll move right into our first item up. For the benefit of the Planning Commission,especially those in the audience,I went ahead and put both of our items today, in their totality that I have received in the packet,on the overheads that you'll see on the screen on your left. There is no Elmo, so the applicants can't put things on a viewer for us to see,so we'll be talking on and off the slides for each of the projects that we're talking about from the overhead. And the first one up is Consent Item 8A,PUDZ-PL20140002809. It's for the Highview Roost Road PUD. All those who wish to testify on behalf of this item,please rise and be sworn. (All speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the Planning Commission? MR.EASTMAN: None. COMMISSIONER CHRZANOWSKI: None. COMMISSIONER SOLIS: None. COMMISSIONER ADELSTEIN: No contact. COMMISSIONER EBERT: No contact. CHAIRMAN STRAIN: Karen? COMMISSIONER HOMIAK: None. I thought this was consent. CHAIRMAN STRAIN: It is,but there is no discussion with this one. We have a couple of changes. You need to pull that mic a little closer, if you don't mind. And I've talked to the applicant,and I've talked to the staff and the county attorney's office. In my discussions with the applicant,they brought up some issues that weren't discussed at the last Planning Commission meeting, so they didn't get to be part of the changes made by the applicant. So, in discussing how to handle this,because the consent is strictly to acknowledge that our direction to the board has been followed and is appropriately stated in the--in what the applicant submitted as corrections,the applicant had a couple of changes beyond what was submitted that they might be discussing. If I am not mistaken, Heidi,in our discussion,you said we could still go through the consent like we normally do but we could address these two as a separate discussion,and then make a notation to the board whether we necessarily agree or disagrees with it; is that right? MS.ASHTON-CICKO: My recommendation is,first you're going to vote on the item as to whether it complies with what your direction was. So you'll vote on whether the item is what you voted on. That's what the purpose of the consent agenda is.And then after that,the applicant has requested to come up and present changes that they are going to make to the--per request be made when they go before the Board of County Commissioners. So I've indicated to Mr. Strain that they can present that,and if you want to take a motion--make a motion on it,no objection or anything else,then you can go ahead and do that to supplement the record. CHAIRMAN STRAIN: Thank you. And,Patrick,I think what we'll do first is consider the consent item,the changes that we had discussed last time,and then we'll take it under consideration and discuss--I think there are two items that you had wanted to try to clarify further that were previously discussed. We all received in our packet a listing of the changes that were supplied to us through staff and the Page 3 of 27 June 16,2016 applicant. Those are the two slides that I started with, 1 through 6 and 1 through 9. As you move through the document these are the pages that were changed. And in this particular one I've read everything. I'm assuming the rest of us have. The consent hearing that we're having today is consistent with what we had directed at the last meeting,although I think some of it needs some clarification. And I'll certainly go forward in any manner the Planning Commission wants to see. Right now we're just flashing it through the various pages we received from the staff in the staff report,and I didn't know if anybody had any specific questions from those. (No response.) CHAIRMAN STRAIN: If not, I'm--like I said,I had one or two items that need to be discussed. Does anybody have anything they would like to discuss on the consent agenda item first before we go into changes the applicant would like us to consider? (No response.) CHAIRMAN STRAIN: Patrick,I have a couple.On this page right here in front of us,which is the Exhibit B notes,Item Number 4 says,If the dwelling is a single-family development pursuant to the County's plat process,LBEs and LMEs will be platted as separate tracts. Actually,they should be platted as separate tracts no matter what process you were thinking. Was there a reason you couldn't do it otherwise? MR.VANASSE: No. I think it's--we had some verbiage in there,and we were just really looking at the LMEs and LBEs,not focused on the individual tracts. CHAIRMAN STRAIN: Do you have any problem with this language: All LBEs shall be platted as separate tracts and shown as separate tracts--in your case,it would be all LBEs and LMEs. This came from the second item up today, Onyx. Onyx actually had the footnote correctly. So it would be the platted or STP,would be separate. MR.VANASSE: I think we'll be platting. CHAIRMAN STRAIN: I know you're going to be platting,but for some reason,the way you wrote that, it only applies if you're platting. I'm not sure why you limited it to that. But any LBE or LME will be noted as a separate tract. MR.VANASSE: Yes. THE REPORTER: Sir,could you identify yourself,please? MR.VANASSE: For the record,Patrick Vanasse,Certified Planner with RWA. CHAIRMAN STRAIN: The next item up is on the master plan. If you notice on this master plan you have this designation right here. That's the setback along the lake right here. Well,that happens to match this pattern down here and this pattern over here. I don't think that necessarily makes it real clear. It also matches this one up here,too. Do you understand what I'm saying,Patrick? MR.VANASSE: Yes,I think see that. CHAIRMAN STRAIN: So we need a different designation for one or the other on this plan. Now,who is the planner? Nancy, it's you,right? MS.GUNDLACH: Yes. CHAIRMAN STRAIN: Well,this is a consent hearing, so these cleanup items,we'll just have to note for the record. And if the Planning Commission doesn't object to it,then I'm looking to you to make sure they are cleaned up in a manner that--whatever is discussed here. MS.ASHTON-CICKO: I'm not clear on the point you just made,what you want changed. CHAIRMAN STRAIN: See that little crosshatching? MS.ASHTON-CICKO: Uh-huh. CHAIRMAN STRAIN: Proposed off-site lake improvement,see this line right here. MS.ASHTON-CICKO: Okay. CHAIRMAN STRAIN: That's what that is supposed to represent,but that's the same crosshatching that we have here,here,here. Page 4 of 27 June 16, 2016 MS.ASHTON-CICKO: Okay. CHAIRMAN STRAIN: And I know these other three are not off-site--are off-site lake improvements. MR.VANASSE: We'll use a different hatch and send that back to staff to have that more of a county commission. CHAIRMAN STRAIN: On Page 12--it's my Page 12,I'm not sure what page yours is. In this particular exhibit, if you look at the exhibit included in your packet,it says Exhibit E,List of Deviations. This isn't the List of Deviations.The List of Deviations are another exhibit. Were you--where is your list of deviations that's Exhibit E? That's your typical road cross-section,I guess. It's hardly a list of deviations,but it's not the list. So I would suggest it's a typical road cross-section. MR.VANASSE: We'll make that change. It was inserted in the old document with that added. CHAIRMAN STRAIN: If you go to this particular exhibit right here,it says the same thing on the top of this one,List of Deviations. You ought to name it,what it is. I think that would be more accurate. MS.ASHTON-CICKO: Well,on that one,he did label on the bottom Off-street Parking Deviation, but you want that moved as a different exhibit? CHAIRMAN STRAIN: Well,why don't we just say after where it says--it's not a listing of deviations. Why don't we just put that in the title up here. That's all I'm suggesting. MS.ASHTON-CICKO: Okay. MR.VANASSE: Those were exhibits attached to Exhibit E,which are the deviations as illustrations,but we'll remove that from the heading. CHAIRMAN STRAIN: That's--this is a listing so that's the only thing I was trying to say. And then under Exhibit F, if I can find it,this is listed as Development Commitments. It should be your development lake setback exhibit.Another title correction in that column. MR.VANASSE: We'll make that change. CHAIRMAN STRAIN: And then, lastly,on this page here,this bottom section, is this the section that you are going to be talking to us about? MR.VANASSE: Yes,it is. CHAIRMAN STRAIN: That's what I thought. Okay. Other than just those cleanup items for the consent information that was supplied in the packet,based on the last meeting,I think it works fine. Anybody else on the Planning Commission have any other questions or comments? (No response.) CHAIRMAN STRAIN: Okay. Then from the Planning Commission's perspective, is there A motion-- COMMISSIONER HOMIAK: Motion to approve. CHAIRMAN STRAIN: --the consent with the notated corrections? COMMISSIONER HOMIAK: With the corrections you just made. COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Motion by Karen, second by Diane. Discussion? All in favor? (Unanimous say of ayes.) CHAIRMAN STRAIN: Any opposed? (No response.) CHAIRMAN STRAIN: The motion carries seven to zero. The consent is finished. MR.VANASSE: The question is--with regards to your clarification of the LBEs and LMEs platted separately,I think the question was,what's the proposed language that you displayed on there?Just to make sure that-- CHAIRMAN STRAIN: I'll pull it up for you. All LBEs--in this case,the LBEs and LMEs shall be platted as separate tracts or shown as separate Page 5 of 27 June 16,2016 tracts on the ACB. MR.VANASSE: We are just going to add the same language,only in this case the only clarification was that those would be for our on-site lakes. The off-site lake that's been an issue,this would not apply for that off-site lake. CHAIRMAN STRAIN: I agree. We have already agreed. That's something we've already discussed at previous meetings. MR. LEWIS: Commissioner Strain,Doug Lewis,for the record,with the Thompson Lewis Law Firm. The term "platted,"what was your intent there? On the STP we're not going to show those.That's not a plat. So I think they what they want us to do is fine. We can show those as separate tracts,but they are not platted in the STP. CHAIRMAN STRAIN: No. It says they will be platted as separate tracts or shown as separate tracts on the STP. Which means,yeah,they're not platted on the STP. That's the basis of showing them on the STP is that they've got to be shown as separate tracts. MR.LEWIS: Perfect. Just want to clarify that. CHAIRMAN STRAIN: That clarification is consistent with what we just talked about. Okay. Now,Patrick,you had two issues you wanted to bring up. This was one of them,I believe. MR.VANASSE: Yes. Well,thank you for the opportunity to bring up those issues and clarify or correct things. We had a pretty extensive discussion with regards to the off-site lake that kind of consumed the discussion the last time and a recommendation was made to--to forward the project with staffs recommendations included within that,and we--I don't think staff presented what those recommendations were,and we didn't think of bringing up the issue yet. But there are the recommendations. MS.GUNDLACH: I would like to offer a clarification. Recommended approval subject to staffs condition of approval. CHAIRMAN STRAIN: Right. The Planning Commission included your recommendations in our discussion with the applicant at the hearing. At the hearing they did not oppose those recommendations and then,after going back and looking at them, I think they realized they wanted to talk about them but the meeting got more wrapped up in the lake issue than anything else. MR.VANASSE: Yes. So the intent was to address those. There are two recommendations,and Recommendations A and B under Planning. We do not support those and would like those removed. Recommendation A is for a vehicular interconnection to the west. CHAIRMAN STRAIN: Why don't we show those on this one? So if you look,A would be this one here or this one here? MR.VANASSE: It would be the other one. CHAIRMAN STRAIN: Right here? This is a vehicular interconnection and a bike/pedestrian interconnection. There are two different ones there,right? MR.VANASSE: Yes. Our application did not include those. It was recommended by staff,and we would like to remove that from the PUD. We don't think a vehicular interconnection is desired by our client nor the adjacent property owners and we do not believe that putting additional traffic on local residential roads would benefit the health and safety. CHAIRMAN STRAIN: Okay. Why don't we talk about all of them at the same time? MR.VANASSE: The other one was for a bike path interconnection to the west again but on the southern end. As you saw,the one on the southern end,we're already providing. So that one we're okay with. There was one associated with the vehicular one also, so there would have been a sidewalk along the roadway. And again we ask to strike that through. No vehicular interconnect and no bike path interconnect to the north. We have one to the south,so we think the one to the south is sufficient. CHAIRMAN STRAIN: So this one,you're saying you have no objection to the vehicular or the bicycle/pedestrian interconnection? MR.VANASSE: To the south it's only a bike path interconnection. We have no objection. Page 6 of 27 June 16,2016 CHAIRMAN STRAIN: What's represented there? MR.VANASSE: That is a water main easement,potential water main easement. CHAIRMAN STRAIN: Okay. So the vehicular interconnection up here is what you object to. You don't have a problem with the bike path? MR.VANASSE: To the north,we would like to remove all of it. CHAIRMAN STRAIN: Okay. But up here you're okay with the bike connection if there's no vehicle connection? MR.VANASSE: Correct. CHAIRMAN STRAIN: So then item C would be--this is addressed by C? MR.VANASSE: Correct. CHAIRMAN STRAIN: This is addressed by A? MR.VANASSE: A and B. CHAIRMAN STRAIN: Where is this one here?Under Planning,Items A,B,and C,I see you call this out on the master plan,but did staff take that into consideration? MS.GUNDLACH: Could you repeat your question? CHAIRMAN STRAIN: Under the Planning Elements,which is right here,A is,An vehicle interconnection will be provided to the northerly parcel lying to the west at plat approval. My assumption is, then,that is the one up here. Correct? MS.GUNDLACH: Correct. We have comprehensive planning here that can answer your questions. It is a requirement. CHAIRMAN STRAIN: Okay. This is a staff recommendation,correct? MR.BELLOWS: For the record,Ray Bellows. It was part of the plan that staff reviewed,and we are supportive of that connection. CHAIRMAN STRAIN: I'm not debating that. I'm just trying to find out what A,B,and C refer to. MS.ASHTON-CICKO: The easterly connection was offered by the applicant in the prior agenda package. The other connections are staffs recommendation. CHAIRMAN STRAIN: Okay. Item A,Vehicular Connections,though, is what this is? It's referring to this one up here. Item B is,a bike or pedestrian is also referring to this one,but it's that part of this one. And Item C is just this bike connection down here? MR.VANASSE: Correct. CHAIRMAN STRAIN: You have no problem with the bike connection down here. You also have voluntarily added a bike connection up here that staff accepted,apparently,but they didn't--it's not listed under the Planning but apparently because it's on the master plan it was accepted by staff. MR.VANASSE: Correct. CHAIRMAN STRAIN: So the only item in contention are these two interconnections up here. That's A and G? MR.VANASSE: Correct. Correct. CHAIRMAN STRAIN: So do you have anything more you want to discuss on that before-- MR.VANASSE: We had one other issue we wanted to discuss but it's not related to the planning discussions with staff. It's associated with the adjacent lake and when the improvements would be completed. CHAIRMAN STRAIN: Okay. Let's finish with the planning first and do that one second. MR.VANASSE: Okay. CHAIRMAN STRAIN: Planning commissioners,any questions or concerns from the Planning Commission on modifying or recommending to the Board of County Commissioners why we oppose or don't oppose Planning Items A,B,and C? The applicant has no problem providing C. He is suggesting that A and B aren't compatible in this project. Charlotte? COMMISSIONER ROMAN: Yes. I have a question for the applicant. If you could express a little more,give me a little bit better understanding on why you object to A and B. Page 7 of 27 June 16,2016 MR.VANASSE: The project is a small project. This would be all residential with ancillary residential uses. We envision that any project that's going to be built to the west of us is--probably would be a residential project. The staff--my understanding is that comp.planning approves this recommendation on pretty much every PUD to try to obtain as many interconnections as possible. We do provide one connection already to the west. We just don't see why two interconnections would be needed. Also,from the standpoint of a vehicular interconnection,what you would essentially be creating is a cut-through for people from 951 through this road and I don't think it would benefit our project. It would be more traffic from people cutting through,probably at a higher speed,not being as prudent as residents would be. So I think it's a safety issue. And vice versa,when that project develops to the west of us,if it's a residential project,I don't think they will want to see people off of Roost's Row do the--cut through their project also. COMMISSIONER ROMAN: So we've got basically one way in and one way out to your project? MR.VANASSE: Yes. CHAIRMAN STRAIN: Any other questions of the Planning Commission? COMMISSIONER ASAAD: I agree with the applicant and those two requests because they don't know what's going to happen next door. They have a private subdivision and the size is too small to have--for the interconnection to be meaningful. So I think,for the sake of privacy of the development and the obligations to maintain the roads,not knowing what is going to happen next door,how could they agree to something they are not aware of? This makes sense to me. COMMISSIONER HOMIAK: Are you going to be gated? MR.VANASSE: We have the option of being gated-- COMNIISSIONER HOMIAK: You don't know this.That's correct? You don't know what is going to be involved in this development,but it could be a potential for these people to be able to get out to a commercial area easier,not having any cut-through,just--just something that will benefit people in this community. MR.VANASSE: That's why this-- COMMISSIONER HOMIAK: Just because it's potential doesn't mean it's ever going to happen. MR.VANASSE: Understood. But then there are the nuance as to what that potential means. So if the adjacent property wants to exercise that potential,what does that mean for us? I think that is what is unclear. And for the benefit of just, let's say,the rural commercial,the benefits of our residents,we did provide the bike path interconnect,which allows them to just easily connect through and walk there, if that's the case. MS.ASHTON-CICKO: Mr. Chair? COMMISSIONER HOMIAK: I don't think if they go shopping they're going to carry their groceries back or anything. MS.ASHTON-CICKO: I have to say that I'm a little bit confused because both southerly bicycle connections--the stuff on the south is what was in your prior package as proposed. The only thing that's new is the one in the northwest corner, so-- CHAIRMAN STRAIN: That's what we're talking about. MS.ASHTON-CICKO: Oh. I thought you were talking about all of them on the west. CHAIRMAN STRAIN: No. We're talking about the one on the northwest corner. MS.ASHTON-CICKO: Okay. Sony. CHAIRMAN STRAIN: That's the one that the applicant has objections to because of its location. MS.ASHTON-CICKO: Okay. CHAIRMAN STRAIN: Mike Sawyer is here from transportation. I have a quick question about the roads in this project. MR. SAWYER: For the record,Mike Sawyer,transportation client. CHAIRMAN STRAIN: Are these going to be county maintained roads? MR. SAWYER: No. They're going to be private roads. CHAIRMAN STRAIN: Could they be county maintained or publicly-owned roads,and would we Page 8 of 27 June 16,2016 want them to be? MR. SAWYER: We would not want them to be.Could they possibly at some point? Never say never,but,no,we are not in the habit of taking over these types of roadways. CHAIRMAN STRAIN: So if we have an interconnection on this project or any such project in Collier County that has an interconnection to private roads,then the responsibility of those limited homeowners in this development,which I think was 62 or something like that,for any additional traffic and liability for people off-site driving to their project,because of the requirement connection of the County,I'm just wondering where the reasonableness is of that,because, if I lived in there,that's the last thing I would want to see. I wouldn't want to be responsible for the roads that my HOA owns and the cost of the insurance and other items that have to be--the road already has a deviation for a 50-foot right-of-way, so it's not County standards.I don't even know why this interconnection is a good idea. I know why it's there,so I don't want to beat that horse again. But I just don't see the need for it in a project such as this. It makes no sense from my perspective. I agree with Mr.Asaad,especially if we are not going to ever own it. MR. SAWYER: The only thing I would offer for consideration would be that if we continue to not gain interconnection between developments,we are going to continue to experience more and more traffic on your public roadways and thereby requiring our additional improvements on those roadways. So I'm just pointing that out. There isn't anything wrong with that. It just gets to be more and more costly for us to do that, quite honestly. The swimming pool and the bathtub are only going to get so full at some point and we are already experiencing some failing road segments. CHAIRMAN STRAIN: Weren't these scheduled to have an impact of growth as paid for by their impact? For example, impact fees are updated yearly to address the cost of the roadway system,and you are now saying we are not addressing it. We don't have the ability to address it? MR. SAWYER: That's not what I'm saying. I'm saying,the more options we've got as far as interconnecting developments,the more options that we've got as far as getting people around the county to different roadway options, it does tend to help the overall transportation. CHAIRMAN STRAIN: But how are we helping the people that reside in these communities if we're demanding something without knowing how it's going to entail being able to be put into place? These roads are acknowledged to be below county standard,which is 50 feet. That's 60. They are not public roads. The community itself has to maintain them to some degree. They have--the scheme of this will be set by however the roads are laid out in the community,and that's in the handbook. And the liability for people traveling on these roads and hitting children or people,whoever they may be,how would we work that out as far as, if we're going to require communities to interconnect,how are we likewise showing them that it can be professionally done with documents that can protect them from these interconnections from off-site personnel? MR. SAWYER: We have not. CHAIRMAN STRAIN: Okay. And that's what I thought. I just don't see how this is a reasonable request to make, demand of a project without filling in all of the gaps,and it's obvious that we haven't. I don't have any other questions about it. COMMISSIONER CHRZANOWSKI: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER CHRZANOWSKI: I'm fairly familiar with the area photographed and developed in Collier County. And as far as interconnections I think that horse has left the barn. I don't see any need in this at all. COMMISSIONER ROMAN: Just speaking to Mike's point,the reason that the people who are traveling to services,doctor's appointments, shopping,whatever services that they partake of,the reason everybody is out on the main arterial roads is because they have to be. There is no alternative way around that. They are all in gated communities with one way in,one way out,and they have to spill out to the main arterial roadways. I can see the purpose of the interconnect,however,going one development at a time and the uncertainty with that adjacent parcel,you don't know if it's going to be something that a community is going Page 9 of 27 June 16,2016 to want to have access to. And that's what I hear your point. I might be misunderstanding it,but if that's your concern-- MR. SAWYER: I think you stated it well.Thank you. COMMISSIONER CHRZANOWSKI: When the transportation department connects Orange Blossom and Goodlette intersection into the Pine Ridge subdivision,I will agree that you have a point. CHAIRMAN STRAIN: That's a good example, Stan. Go ahead,Patrick. MR.VANASSE: If I could add something,just to address the comment. We certainly understand the intent behind that policy. I think the policy says--encourages interconnection. If we were a section of land,really large community with potential regional impacts,we would certainly understand creating a spine road through the project. But this is a very small project. I think the residents have a right to their privacy in being able to gate their project and to have that sense of security,whatever that might be. And I think all of the other points that were brought up by Mr. Strain and Mr.Asaad are points that are very well taken,and we fully agree with those. So the intent,we certainly support. We just don't think that the application in this case makes sense. And,even on a smaller project, if you're adjacent to a commercial development,for example,we can certainly understand that,too. But in our case that doesn't apply. COMMISSIONER ROMAN: And does the same apply to the pedestrian? Why not the pedestrian? Why would you not want to keep that open? MR.VANASSE: Because,from a pedestrian standpoint,we could put a simple gate,and if we get to the point where the adjacent property develops as residential and there is an unusual agreement between both communities,where they see a benefit that they share a code and they can go from one community to the next,we certainly are fine with that,but we do want to provide that sense of privacy and security to the residents. COMMISSIONER ROMAN: So would you be willing to eliminate the vehicular interconnection,as you are requesting,but to keep the potential for a bike and pedestrian? MR.VANASSE: We already have one to the south so we really don't see the need for two. COMMISSIONER ROMAN: Well,I was asking you about the one to the north,the one that we're discussing. MR.VANASSE: Yes. And our position is we already provide one for the south,which provides access to the west. So there is no need for two. COMMISSIONER ROMAN: That's a long walk for the folks that would live in the northern part of your property. That's the only reason I ask that question. CHAIRMAN STRAIN: Anybody else have any other questions? Okay. With that,let's take this one first. This is really going to be a vote to tell the Board of County Commissioners,outside our consent,that we either agree or disagree with the applicant's request to remove A and B in regards to that northern access road. Does the Planning Commission wish to make a motion? MS.ASHTON-CICKO: Mr. Chair,I think we have one more change. CHAIRMAN STRAIN: I want to take them--each one separately. COMMISSIONER SOLIS: Can I ask one question? CHAIRMAN STRAIN: Sure. COMMISSIONER SOLIS: These changes that we're discussing are changes that staff is requesting be made. Were they part of the agenda package when we considered that the last time? CHAIRMAN STRAIN: Yes,they were. COMMISSIONER SOLIS: Okay. CHAIRMAN STRAIN: The applicant did not bring them up as an issue. When we read our list of stipulations it included staff recommendations,as it always does. One of the recommendations was the interconnection,that,after going back to their offices,I think they realized they should have objected to that or at least brought it up for discussion. They failed to and it got passed for consent. And now we're back Page 10 of 27 June 16,2016 trying to deal with it after consent. MR.VANASSE: And that's correct. We kind of got caught up on this discussion,pretty detailed discussion about this off-site lake,the adjacent lake. And I think,once that was resolved,everybody was happy to get that out of the way,and the recommendation was made and we just omitted to bring this up. MS.ASHTON-CICKO: And the reason that it's being discussed today--and you can choose to offer"no comment" --is because,when they go the Board of County Commissioners,they will be asking that this change be made and this is to give,you know,the Board any insights you would like to provide. COMMISSIONER ASAAD: Wouldn't it be easier if we amended our required approval to exclude those two items? COMMISSIONER SOLIS: My only question is,this was a consent item. Doesn't it need to be removed from the consent agenda if--we're--I think we're setting a precedent that the consent agenda is really just a rehearing, if we're doing it this way. CHAIRMAN STRAIN: Well,that's the problem. It's not supposed to be. COMMISSIONER SOLIS: Right. CHAIRMAN STRAIN: You hit that nail directly on the head. That's a discussion that I had with the county attorney's office when the applicant notified me they had missed discussing this issue.And there was one other issue at the same time. We have set a steadfast rule that,on Consent we don't change. It's not a rehearing of the action and we've not allowed that to happen. I asked Heidi to present a solution to the applicant's request and she suggested we could separately review it and send it outside the consent as another comment to the Board when the applicant goes forward. That was an option that she offered to us. We don't have to take that option now. We can leave the consent as it is. They can come back for a rehearing or they can continue to go on to the Board and make their argument to the Board without our comments. The problem is,the Board--I shouldn't say"likes." That's not the right word. The Board needs input and if we are the planning body,I was trying to figure out a way--and I think the county attorney's office was too--to give the Board the benefit of any input we might want to provide, if we had an opportunity to do it. COMMISSIONER SOLIS: No. And I understand that,and that's what we're supposed to do. But this was advertised as a consent item and we're rehearing it,essentially. And I think that's an issue,I mean, from my standpoint. CHAIRMAN STRAIN: That's fine. I don't disagree with you. But if the county attorney's office feels it's a rehearing,then I need them to say that so that we will end this discussion,and hopefully come back for a rehearing or go straight to the Board. MS.ASHTON-CICKO: Well,that's why initially I was saying my recommendation was an objection or no objection to the changes,rather than going into a lengthy discussion,because certainly,you know,that could be raised as an issue,now that you are rehearing it. CHAIRMAN STRAIN: By the way,these mics are absolutely terrible. Most of the time they are not picking everything up. What you just said didn't get picked up,and I don't know what it will take. So, anyway-- MR.VANASSE: Mr. Strain, if I could make one remark. Our understanding, it's not an official recommendation. It's a comment that will be added to the record. CHAIRMAN STRAIN: So we don't need a motion on it, is what you're saying? MR.VANASSE: That's our understanding of the distinction. MS.ASHTON-CICKO: No. You would need a motion on it-- COMMISSIONER EBERT: Heidi,we can't hear you. MS.ASHTON-CICKO: I mean,if you're not going to take a motion then each one of you would have to make a comment because-- CHAIRMAN STRAIN: I think Andy brought up a really good point. I don't have an objection. As a matter of fact,I don't particularly like interconnections at all. I think private communities in the United Page 11 of 27 June 16,2016 States of America have a right to be private. So this whole idea,to me,as an issue,is silly. But at this point I don't know how to amend this and not set a precedent. I think Andy is a hundred percent right. You are going to end up opening up a can of worms that we are going to have every applicant coming in here for, saying,Well,you did it for this guy. We want to have your support and make changes going to the Board. And,looking back,Andy,your argument is well made. I mean,I'm more thinking that's the right way to consider this than even getting into further discussion. COMMISSIONER ASAAD: I think it encourages bringing this to our attention now instead of going to the Board of County Commissioners and bypassing the Planning Commission,and I think we're in agreement with them to the validity of the change. So we just want to find the proper way to facilitate and acknowledge that we have discussed it and we are in favor of it, if that's the decision,or against it. CHAIRMAN STRAIN: Well,I think we would be better off just having the discussion. COMMISSIONER ASAAD: It could be a commentary.I don't know. It seems like a good idea. CHAIRMAN STRAIN: I think we would be better off having the discussion like we had. You heard what the record stated. You heard our discussion,and we'll just go on to the next item,and maybe we better not take a formal action on this. I'm very concerned about what Andy had brought up,and I know the community attorney's office has been too. Consent is supposed to be consent,and there's not supposed to be a rehearing,and I appreciate you pointing that out. MR.LEWIS: Commissioner Strain,Doug Lewis,for the record,Thompson Lewis Law Firm. Just to echo the concern about the precedent that we're setting,what was unique about this particular experience,on June 2nd there was discussion by the applicant--applicant presentation. There was an; intention--and I went back and reviewed the June 2nd tape,and there was discussion on your part that you would hear from the applicant and you would hear from the public and then we would come back to staff. We did hear from the applicant. There was a sort of a large discussion. We discussed the lake issue. We came back and we had one public comment from a member of the public,and then we came back and addressed some of those questions that came up in the Public Comment section,and then the public meeting was closed. So--and then you went into the recommendations,which were fine. To your point,the staff report was included in the packet. It just wasn't discussed publicly. So,as a recommending body to your--these issues that we're discussing today were not really properly vetted on the June 2nd hearing. And your ordinance does say that the staff recommendations,staff report,are presented. Now,they were in the packet. I agree they were in the agenda. We just didn't have--we didn't hear the commentary we're hearing today,which,I think,would be helpful to your deciding body. So I understand your concern about a precedence,but this is a little unique. COMMISSIONER SOLIS: Well,we're sitting as a quasi-judicial body and so this is a hearing. And if you are in a hearing and you don't raise an issue,the Court is not going to rule on it, if this was a judicial hearing. So what I understand is that,while it might have been something that the applicant wanted to raise, it wasn't raised in the hearing when the vote was taken. I mean,that's--you have either waived it or you have to bring it back. I believe-- MR. LEWIS: What we're trying to do is obviously provide a solid recommendation to your deciding body and-- COMMISSIONER SOLIS: Then I think it should have been brought off of consent,and then we can reconsider it again. MR.LEWIS: Right. COMMISSIONER SOLIS: But to use the consent agenda,which is just to make sure that the revisions that were agreed to at the prior hearing are actually in the document,as a rehearing,I just think it is improper. And if it's improper,it should have been brought up. It should have been brought up. MR.LEWIS: The county attorney has made a recommendation. You'll have to make that decision as a Planning Board. The ordinance does require staff to make a presentation of report,and I guess in this form it was in--it was attached as an exhibit, it wasn't discussed at the hearing. So that's kind of where the-- COMMISSIONER SOLIS: The staff-- Page 12 of 27 June 16,2016 MS.GUNDLACH: I can qualify that. COMMISSIONER SOLIS: Yeah. The staffs report recommended these three revisions. And that's what we approved because it was never brought up to us that the applicant objected to that. So this is--I mean,for me,this is not the right place to now be rehearing issues that were part of the application,were part of the packet and was part of what we approved. MR.LEWIS: And,to be clear,we're not asking for a rehearing. I hear your point. COMMISSIONER SOLIS: Well,that's what we're doing. MR.LEWIS: We're asking for some guidance to make those recommendations to the body that will decide. But I hear your point. I'll defer to your county attorney. COMMISSIONER HOMIAK: I'm sure Nancy was just going to say that. At that meeting she gave her staff report and asked if you wanted her to read the stipulations--I mean the recommendations,and you said no. CHAIRMAN STRAIN: We all know how to read.The purpose of the staff report is not to have it reread at a public hearing,as I think you're insinuating,because, if it's not reread,it's not being presented. Well,that's not the way we accepted it or accepted it. MR.LEWIS: And I'm not making light of it. I think that was part of why we didn't have a discussion,and,as we said,we did not raise that. CHAIRMAN STRAIN: Well-- MR. LEWIS: And I understand that. Maybe one solution that we could proffer--I think what I'm hearing from Mr. Solis is,you know,that this was noticed as a consent item. One possible option we could look at, if we wanted to do a rehearing--again,we're trying to look at,is this information,is this discussion that would be helpful to the deciding body? And that's the threshold question. So-- COMMISSIONER SOLIS: Right. MR.LEWIS: --we would be open to having a rehearing on these two questions that we raised,to explore that so you can make a proper recommendation to the body. So if you're amenable to that,we would be open to that as well. CHAIRMAN STRAIN: Okay. Now,you do realize you will not be on the Board of County Commissioners'agenda until they get back from vacation? MR.LEWIS: Sure. CHAIRMAN STRAIN: That will put everything off until sometime in the fall. So if you are asking for a rehearing to clear this up,we've already voted on consent, so we have a complicated-- MS.ASHTON-CICKO: We will have an advertised public hearing. MR. LEWIS: From a time line,just so we can confirm,I think that,from a time perspective,we are on the September Board agenda. Is that accurate,from a time perspective? CHAIRMAN STRAIN: I have no idea. MR.LEWIS: So we've already made a request--no. We are not on the July meeting. So we would be requesting the Planning Board discuss these two items at their July meeting. We could readvertise,and then we would be on the Board in September,which is where we are now. So I think we're fine for the timing. I guess the question is,do we want to provide that help to your deciding body on these questions? COMMISSIONER ASAAD: I think we're offering you two choices. Either we forward it as a consent agenda item without any further action,other than the cleanup that the gentleman presented for the language,or you can readvertise the public hearing and bring it back to the Planning Commission at a full hearing and let us follow the regular schedule. So in my view,Mr. Solis brought up a very good point. Needless to say,there is no proper way of dealing with it other than those two options, in my mind. And the choice is yours,so you take A or B. CHAIRMAN STRAIN: Well,before we go that far, I would like to ask the county attorney's office how we can undo what we've already done this morning. We're at a consent hearing. We vote on the consent hearing. Does that have to have an action to Page 13 of 27 June 16, 2016 undo in order to consider a rehearing as well? MS.ASHTON-CICKO: Yes. You need to undo that, so I would-- COMMISSIONER EBERT: You need to talk to the mic. MS.ASHTON-CICKO: Is it picking up now? CHAIRMAN STRAIN: No. It's off and on. These mics--hold it. Could I see--could I see? Hold it back closer to your mouth. MS.ASHTON-CICKO: The whole box? CHAIRMAN STRAIN: The whole box. MS.ASHTON-CICKO: All right. I got the green light. CHAIRMAN STRAIN: Okay. And,if we're going to consider redoing it,the methodology to redo it would be to first undo the consent. MS.ASHTON-CICKO: Yeah. We consider and then withdraw the consent. CHAIRMAN STRAIN: Okay. That would be the first step. The second step would be to acknowledge the applicant's request for a rehearing of the matter,and then we would have to decide if that rehearing is going to be limited to the two items that they are requesting, which we haven't heard the second one yet,or would it just be a rehearing in general,and then we would re-stipulate and revote and it would go forward after that. Is that accurate? MS.ASHTON-CICKO: Yeah. The question of setting it for a rehearing-- CHAIRMAN STRAIN: The mic is not working still. MS.ASHTON-CICKO: The issue of setting it for a rehearing just on those issues is a little bit of a concern because it's either a rehearing or not a rehearing. CHAIRMAN STRAIN: And that's why I'm bringing it up. MS.ASHTON-CICKO: So you can say that your intent is that it would be limited to those,but if somebody brought an issue,it's technically a preliminary hearing. CHAIRMAN STRAIN: But I don't like to advertise to the public and ask everybody to be limited in their discussion. I think if we're going to have a rehearing,we'll have a straight-up rehearing,clean everything up. The stipulations would be different because you've already benefited from the previous hearings'cleanup remarks.Theoretically the only issues that would be addressed are the two. But I don't think it's fair to limit that if it's going to go to a rehearing. MS.ASHTON-CICKO: Correct. You can't limit it. You can say your intent is to discuss those three,but they can be totally reopened during the hearing. COMMISSIONER EBERT: I have a question,Heidi. On here, it says "potentially." It doesn't say"must." If it just went through potentially,and we--they do the southern portion,I mean,if it's not a must--I mean, it just says "potentially." CHAIRMAN STRAIN: You're back on to the issue of what the applicant wanted us to address. We're trying to figure out the process and the formality of the process first. COMMISSIONER EBERT: But when it says, "potentially,"which it did on all of these,can't we just leave it the way it is and-- CHAIRMAN STRAIN: That's up to the applicant. COMMISSIONER EBERT: Okay. CHAIRMAN STRAIN: Andy? COMMISSIONER SOLIS: I agree with Mr.Asaad.I think the way our ordinances are set up is you can either choose to--we've already voted on it.I just don't understand why, if you object to these provisions that staff recommended that were approved,you bring those up to the County Commission,unless you want us to bring this back,readvertise it,rehear the whole thing again. And I think this would be--how many times have we heard this matter? CHAIRMAN STRAIN: It's been continued a couple of times before this,so it's been quite a few. COMMISSIONER SOLIS: Yes. It is certainly up to you. I just don't know why you would want to do that. But I think we have two options. We either rehear it at a later date,after--and we rehear the whole application,not just these provisions,or it goes forward to the County Commission,and you can raise these Page 14 of 27 June 16, 2016 objections to the County Commission. I think it's pretty simple. MS.ASHTON-CICKO: That's correct. Because there is an objection on the record,this will go to a regular public hearing. This will not be a summary agenda item. MR.LEWIS: So I guess the question with this second option, is your intent to give any guidance on these issues to your deciding body,as your recommendation? COMMISSIONER SOLIS: I'm not going to. CHAIRMAN STRAIN: You know, listening to Andy's argument,I would have to agree with him. I would rather not open this up. We've never done that in the past. COMMISSIONER ASAAD: They can read the minutes. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: Well,that's exactly what I was going to say. There is going to be a copy of the minutes. We all talked about what we thought. All they have to do is take that portion of the minutes and include it in the packet and the Board will know exactly how we felt about it. MR. LEWIS: Okay. Great. On that note,can we move on to Item C then? CHAIRMAN STRAIN: You can bring it up for our discussion and comment but we won't take any formal position on it. COMMISSIONER SOLIS: But again, I don't think we ought to be doing that because it's the same thing without a vote. MS.ASHTON-CICKO: I agree. I would just move on to the next agenda item,unless you want to schedule it for a rehearing. CHAIRMAN STRAIN: It kind of defeats the comments made,that we just told the applicant he can use the benefit of our discussion of this item that's on the record to bring it to show the Board what we had discussed,but this is probably a bad habit to get into. I originally thought,if we could find a way to do it to accommodate,because the issues you were talking about would have been addressed and would have probably been handled in a manner that would have been beneficial. But at this point I think,without a rehearing, I would have to defer. I think the rest of the Planning Commission is accurate in their statements and we should just stop at the time and move forward with the next hearing. MR.VANASSE: Understood. We spoke to our client and the client is not inclined to a rehearing. So we will go to the Board of County Commissioners and address those issues with them, and we believe that they will be supportive of it,and we'll move forward that way. CHAIRMAN STRAIN: Okay. Thank you. With that let's move on to Item 9B because 9A was previously continued. 9B is Petition Number PUDZ-PL20140000890.This is an item continued from the June 2nd CCPC meeting. It's for the Onyx RPUD on Santa Barbara Road. All those wishing to testify on behalf of this item,please rise and be sworn in. (All speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the Planning Commission? Start with Tom. COMMISSIONER EASTMAN: None. COMMISSIONER CHRZANOWSKI: None. COMMISSIONER SOLIS: None. COMMISSIONER EBERT: None. COMMISSIONER ROMAN: None. COMMISSIONER HOMIAK: Nothing. CHAIRMAN STRAIN: And I have had a couple of discussions with Mr.Anderson,I believe,one of the gentlemen who is representing the applicant. So,Bruce,I've got the entire submittal you've made up on the overhead. This is a little different than the last one. It's not a consent so it's not necessarily an open and close. So I'll move to any pages you would like and proceed to help you with it. Since we don't have access to the media elements for you,hopefully this Page 15 of 27 June 16, 2016 will work for you. MR.ANDERSON: Thank you,Commissioners. My name is Bruce Anderson,Cheffy Passidomo law firm.And my cohort,Mr.Hancock,had a previous family obligation and couldn't be with us today,but in his place I'm very ably assisted by Josh Philpott. He's a certified planner with Stantec,and his background is years of service with Lee County and the Lee County Port Authority. You all can read as well as I do. I won't insult your intelligence. All of the changes are in here. You have both a clean version and a strike-through and underlined version,and I'll be happy to answer any questions that you have. CHAIRMAN STRAIN: Okay. For the Planning Commission's benefit,the pages in your strike-through version I've put on this overhead. It basically shows what you've got in your packet. I didn't know if you have any questions. I can turn to any page if the Planning Commission has any issues. (No response.) CHAIRMAN STRAIN: Bruce,this particular footnote page,I'm assuming,when you go to the clean version,two becomes one and the numbers correspondingly correct themselves? MR.ANDERSON: Yes. CHAIRMAN STRAIN: Anybody from the Planning Commission have any questions or comments on this?This is a re--this is a continuation of a hearing, so we've not voted on this one yet. There is one issue that has come up,and it involved a conversation that I had had with the applicant from a while back, in the development standards table,and it's this issue under Accessory. Structures set back from landscape buffer easements is zero. So that means accessory structures can go up to most of the buffer regions,which are 150,or whatever feet wide they are required to be. That's not unusual,but in this particular case we have one buffer that is up against Santa Barbara. It's a 20-foot Type E buffer right here. And I had spoken to Mr. Hancock a while back about two things. If you recall, on a previous master plan they had asked--they had it called out 60-foot right-of-way width here,with a note down here that they could come in and ask for a reduction from staff. I suggested to them, Why don't you ask for the typical deviation--Mr.Assad would probably love this--to go from the 60 feet to 50 feet for an internal right-of-way, since it is on a public road,and that will give you ten extra feet to be a little bit farther back from the Santa Barbara buffer. Santa Barbara is a new six-lane highway in the community,and they have buildings close to Santa Barbara. Probably isn't as esthetically as--better for the either the applicants or the traveling public. In that one buffer I found the justification to reduce the right-of-way by 50 feet and pick up the 10 feet and maintain--on that standards table,maintain this 10 feet all the way across,would be helpful. I don't see how it necessarily hurts the applicant. I'm sure they're going to come in and ask for a right-of-way reduction anyway,based on the intent of the last master plan. Had they done that,we wouldn't have gotten the benefit of having that 10 feet on the Santa Barbara side of the project,which I think would be beneficial esthetically. So I would like to throw that on the table for discussion and see if anybody has any comments about it or if the applicant has any concerns over the issue. I just don't know. MS.ROMAN: I think this is the first time we're seeing the site plan conceptually,the amenities that are up in the northern portion. When it first came before us,it wasn't in either the south or the north,and they hadn't decided. CHAIRMAN STRAIN: That's correct. MS.ROMAN: So that looks like a pretty large structure for that corner. CHAIRMAN STRAIN: I think that it just indicates more of a reason to ask for THAT additional 10 feet for reduction of right-of-way. MS.ROMAN: Certainly,or to reconsider putting it back into the southern portion,where it was presented to us before. CHAIRMAN STRAIN: Actually,the location they picked,though,for the neighborhood's benefit is probably better for the neighborhood. So they could put it there. Probably going to see a better compatibility issue with the neighborhood itself. MS. ROMAN: That's a good point. Page 16 of 27 June 16, 2016 CHAIRMAN STRAIN: Now, if the Planning Commission were to consider this,and if the applicant didn't object,I happen to have the language and the deviation number in the cross-section on the plan,to give you an idea of what could happen. This deviation is a typical one that has been used in others. I just took it and put it here. And the--that would involve adding language to Deviation No.3 similar to what's here, adding a cross-section similar to what's here,because they've got sidewalks on both sides of this one,and they have the option already stated elsewhere to have a sidewalk only on one side,where there is no double cross. You would have to make a notation to the development standards table. That should have had an asterisk,but I couldn't make one big enough.And the asterisk would be above the footnotes,and it would simply say: Accessory structures shall maintain a principal structure setback along Santa Barbara Boulevard. That means they get the zero setback to any other portions of the project,where it's applicable, except Santa Barbara would have the additional 10 feet. And that would come about because of the reduction of the internal roadway from 60 to 50 feet,which would probably be a good justification for such a request. So I don't know how that sits with the Planning Commission. I certainly would like input from the applicant to know how that sits with you. MR.ANDERSON: That's acceptable to us. Yes, sir. CHAIRMAN STRAIN: Then I'll get with staff in a minute. Planning Commission members,do you have any comment? COMMISSIONER ASAAD: I think that's a good idea. CHAIRMAN STRAIN: Thank you. CHAIRMAN SOLIS: I agree. I'm in favor of that as well. COMMISSIONER ROMAN]: And that would be a 30-foot distance,Mark,when you look at it? CHAIRMAN STRAIN: Well,you would have a 20-foot buffer,but your 10-foot setback in that location would provide to all structures along Santa Barbara. Thank you. Okay. Anything from the--Josh,do you have anything you want to add? You have to identify yourself for the record. MR.PHILPOTT: For the record,I'm Joshua Philpott with Stantec representing the applicant. Just one notation to account--and I think you captured the intent with your asterisk--is that along Santa Barbara,the rear setback for principal and accessory structures are 10 feet from the landscape buffer. CHAIRMAN STRAIN: Right. MR.PHILPOTT: And just making sure that that notation is inclusive of the--if you bring up the table,the line just above the star where it says rear yard,minimum internal setbacks,the rear yard,and have that asterisk also apply to those,the rear yard setbacks. CHAIRMAN STRAIN: I'm not following you. I'm sorry. MR.PHILPOTT: So the--having the--because of that property line along the lake landscape buffer area,that's the rear property line. CHAIRMAN STRAIN: The rear property line abuts the inside property line of the 20-foot LDE. MR.PHILPOTT: Correct. And,just making sure that we understand that that's 10 foot from that landscape buffer easement,and there's no issue in the future. MR.BELLOWS: And that's for accessory structures,not for principal structures. The principal structure requires a 20-foot setback. MR.PHILPOTT: I don't believe that's the intent. CHAIRMAN STRAIN: No. That's the--thank you for pointing it out. MR. PHILPOTT: Right. CHAIRMAN STRAIN: He's saying it right,but there's some tweaking needed to the language to get there,because the accessory structure setbacks are all 10 feet,and what the intent was that they would be kept at 10 feet,through that asterisk that is right there. And so it's not principal structure. We just simply need to say: All accessory structures maintain a 10-foot setback along Santa Barbara Boulevard from the LDE. MR.PHILPOTT: Right. CHAIRMAN STRAIN: That will get us in. Page 17 of 27 June 16, 2016 MR.PHILPOTT: And I believe that applies to the principal as well. CHAIRMAN STRAIN: Well,the principal--no. The principal is 20 feet. MR.PHILPOTT: Correct. CHAIRMAN STRAIN: The principal stays the same. The error in my language,which I did this morning before we walked in--so I'm glad you caught that--instead of maintaining the principal structure, it's not--20 feet isn't the intent, 10 feet is the intent. Regardless of what your other accessory structures are, it's 10 feet. This one will be 10 feet as well,from that LDE in that location. MR. PHILPOTT: Then,with the inclusion of the deviation,it works. We're good. CHAIRMAN STRAIN: Okay. So the deviation works for the 50 feet. This asterisk needs some cleanup. Eric,you would be the one to be responsible to make sure the cleanup comes in effectively,because we're trying to make this particular hearing both a consent and fmal. Is there anything you need further clarification on? MR.JOHNSON: Yes,there is. Mr.Chair,would you kindly put the master plan back on the screen? All right. So it's my understanding that if Santa Barbara is over here,there's a 20-foot wide buffer; is that correct? CHAIRMAN STRAIN: That's correct. MR.JOHNSON: And that 20-foot wide buffer would be platted as a separate tract; is that correct? CHAIRMAN STRAIN: Yes. MR.JOHNSON: Okay. This also is a landscape buffer that has to be acknowledged,and this would only be 10 feet wide; is that correct? CHAIRMAN STRAIN: I don't know what the width of that one is offhand. Planning staff would probably ask you that question. Is that going to be--what is the length of that buffer? MR.JOHNSON: I believe it's 10 feet. I could look at it,but it's at least 10 feet. The reason I'm bringing it up is,I want to make sure that,number one,I understand everything,and,number two,everyone else understands everything. So we're talking about two different landscape buffers? CHAIRMAN STRAIN: No, only one landscape buffer. We're only talking about this one right here, the Santa Barbara landscape buffer. That's the only one that's part of the suggested change to the development standards table and the asterisk noted. So the question I have is,how far back would the accessory structure be from the platted portion of the landscape buffer? MR.BELLOWS: Along Atkins? CHAIRMAN STRAIN: No,not on Atkins. We're only talking about Santa Barbara. MR. BELLOWS: I think we're clear on Santa Barbara. I'm mean,does the same 10 foot apply to Atkins or can they go zero on Atkins? CHAIRMAN STRAIN: I don't know. If the buffer is there, it's there. I don't--I didn't see that as an issue. Atkins is not even being developed,is it? MR.BELLOWS: It could be in the future. I was just wondering-- CHAIRMAN STRAIN: It was--the street-- COMMISSIONER ASAAD: I think they should be set back 10 feet from both. COMMISSIONER ROMAN: I think it should be consistent. MR.BELLOWS: That's the reason I'm asking.We just want to be clear,as staff. CHAIRMAN STRAIN: Okay. So the suggestion from Charlotte and Mr.Asaad is that-- COMMISSIONER ASAAD: The accessory structures be set back at least 10 feet from the buffer easement. MS.ASHTON-CICKO: So it would be along Atkins and Santa Barbara? COMMISSIONER ASAAD: Yes. CHAIRMAN STRAIN: Now, looking at this buffer here, it's portrayed as the same width as this here. This is called out at 20 feet. That's just not called out. Page 18 of 27 June 16,2016 Is there any reason why we think that's 10? COMMISSIONER ROMAN: It's listed on my diagram at the top. "10-foot Type-E buffers." CHAIRMAN STRAIN: Oh,there it is. Sony. It's kind of muttered out,but that's odd. Your 10-foot Type-E buffer is that dotted line,but that line right there is your building line. MR.JOHNSON: That represents the building setback. Right. The concern is, if the accessory structures have a zero setback,then it actually would be closer to that line than to that line. Sony,I'm shaking. So this is a 10-foot-wide buffer. The accessory structure setback is zero feet,according to the land development table. And so what I wanted to do is get some clarification as to where the accessory structures would be in relation to Atkins Avenue,as well Santa Barbara. So we've already figured out with Santa Barbara that there's going to be a 20-foot wide landscape buffer. The principal structure would be set back 20 feet from the interior line of that landscape buffer, but--well,actually,yes,because you have this road here called Minimum Internal Setbacks. CHAIRMAN STRAIN: Eric, if we're working just on the accessory structure from the LDE,which is right here,and it's all 10 feet but the principal structure can go closer,what's the advantage to that? Because the principal structure is a side yard,which there can be a side yard in Atkins,IS going down to zero even in that location. So you have a problem with the accessory but you didn't have a problem with the principal going down to zero there? MR.JOHNSON: I just wanted to get clarification. CHAIRMAN STRAIN: Well, so do I. I'm trying to find out why the accessory is more problematic than this particular element here,for example. I mean, it would be--are you going to have your rear--the way you've laid this out,that looks like the rear. That looks like it's going to have to be a side yard there. MR.JOHNSON: That would probably have to be a side yard,because I believe that all the frontage would be along this internal right-of-way. CHAIRMAN STRAIN: Right. That's how the sidewalk deviation applies. So if you do that,then you end up with--if that's a side yard and if it's normally 20 feet but it goes down to 6 or 0 feet on one side, so you're 6 feet off,that's why the 10 feet for the accessory structure didn't look bad. And if you put zero here it's going to be the same as a zero here. MR.JOHNSON: Well, it may be zero there but on the graphic it has that 20-foot setback line. COMMISSIONER ASAAD: If you put Exhibit B--what happens if you remove that zero and you replace it with a 10? Wouldn't that solve all the questions? MR.JOHNSON: Yes, it would. CHAIRMAN STRAIN: 6 feet or 0 on one side and 12 feet on the other. So now we say 6 feet or 10 on one side. How does that work? Josh,I think what happened is your plan--and this is a good point. This plan is--you have a 10-foot buffer but you've already accepted a 20-foot setback. So all we need to simply add is an annotation that along here the setback will be 20 feet as shown on the master plan,along the future Atkins extension. MR.PHILPOTT: I think we're okay with that. CHAIRMAN STRAIN: That's what you put forth. MR.PHILPOTT: Correct. CHAIRMAN STRAIN: It does not say that anywhere. MR. PHILPOTT: Correct. So I think the--as shown on the--I think the issue with the 0-foot setback on Exhibit B is for zero lot line units.Those are typically done with a larger setback or all of the setbacks on one side and-- CHAIRMAN STRAIN: Right. MR.PHILPOTT: --located on the other property line. With the 20-foot setback, if we go back to the master plan,I think it actually complies with the intent already, in that the structure will be 10 feet from the landscape buffer easement along Atkins. So we have a 10-foot buffer along with a 10-foot setback. That's 20 feet. CHAIRMAN STRAIN: And I think the problem is that this 20-foot--this 10-foot setback on top of the 10-foot buffer or a 20-foot setback from Atkins needs to be memorialized in language,and it's not.It just Page 19 of 27 June 16, 2016 shows up on this plan. MR.PHILPOTT: And I think that's an easy clarification. CHAIRMAN STRAIN: I don't disagree,but I think that's the clarification,Eric,that you have been trying to look for. MR.JOHNSON: In essence,partly,yes. I just wanted to get clarification from the overall scheme. Staffs biggest fear was that the accessory structures would have been too close to Santa Barbara. But then, after the discussion about reducing the width of the right-of-way,obviously we haven't seen--or staff hasn't been able to review everything,and then you were kind enough to show the 50-foot-wide right-of-way. I think Ray is in favor of that. MR. BELLOWS: Yes. The revised cross-section,I think,will work for us,and we would like to see something like that added to this application,plus the clarification that the accessory structure setback is 10-foot from any landscape buffer easement. I'm fine with that. CHAIRMAN STRAIN: Okay. 10 feet from any landscape buffer. That would fit the Santa Barbara issue we have that you are getting the deviation from the right-of-way for,and we'll also match that up with this master plan, so we wouldn't have to worry about annotating that 20 foot anywhere. It's automatic. It would be 10 feet past the LDE. So anyway, it fits. MR.PHILPOTT: Correct. CHAIRMAN STRAIN: So,from your perspective,it doesn't cause you any concerns from your master plan issue and planning issue,from what I can see; is that true? MR. PHILPOTT: Correct. CHAIRMAN STRAIN: I know you're hesitating. I didn't state that as clearly as I wanted to. MR.JOHNSON: May I interrupt for a moment?On the land development table-- CHAIRMAN STRAIN: I'm getting to it. MR.JOHNSON: Thank you. This used to say"lakes"and then we had a change from "lakes"to "setback"to"landscape operation." I'm wondering if this is even needed,this row. CHAIRMAN STRAIN: Well,I'm not sure,on the fly,that whole row is a good idea to take out. If it isn't needed and it's there because of the changes we're making,I'm not sure that hurts. MR.JOHNSON: Well,actually, I may have answered my own question. Along Santa Barbara we've got a 20-foot-wide landscape buffer,and then what this road does is it says anything,whether it be a multi-family, single-family,or amenity center or any principal building would have to be another 10 feet away from that interior landscape buffer. So,in essence,you're creating a 30-foot setback,and I think that's what Ray and I agree to. CHAIRMAN STRAIN: Right. By making this--by this asterisk on the end,and now with the Atkins issue,I think accessory structures will be 10 feet across the board because there is--the only two buffers are Atkins and Santa Barbara. So that whole table,the asterisk goes away. It goes 10 feet there,and there isn't a need then for any additional language because it's automatically met. MR.PHILPOTT: Correct. For the record,Joshua Butt. Just one thing--and this is a discussion that staff and I had prior to the hearing, is just making sure that that rear setback along is Santa Barbara is the setback measured from the landscape buffer easement,not the rear. Again,we just discussed that. MS.ASHTON-CICKO: I think you have some internal conflict here with your development standards table now because this landscape buffer easement setback of 10 creates a conflict with your setbacks from Sunset, Santa Barbara,and Atkins. If the whole perimeter is having a separately platted landscape buffer easement,now you've got internal conflict in your document. CHAIRMAN STRAIN: What buffers do we have around those other two? We have a preserve area,we have a wall and we've got water management. Are there landscape buffers around the east and south? MR.JOHNSON: No,there are not. The landscape buffers are along Atkins and along Santa Barbara. If I may butt in again. I think after the discussion of acknowledging there is going to be a separately platted landscape Page 20 of 27 June 16,2016 buffer easement--or landscape buffer,the internal lots that would occur in here,the rear of the internal lot would occur on the inside of the landscape buffer. So, in essence,from Santa Barbara Road--not the pavement,but the right-of-way,you have 20 feet plus another 10 feet. CHAIRMAN STRAIN: That's what we already--that's what we were saying. MR.JOHNSON: And I think that works. CHAIRMAN STRAIN: And,Heidi,your concern was with this,again,I mean,this table-- MS.ASHTON-CICKO: If it's only two roads that are affected,then that's fine. CHAIRMAN STRAIN: Okay. Yes. This--staff,please,jump in if it's wrong,but it looks like it's only Atkins and Santa Barbara. MR. BELLOWS: I just also want to make sure that we're not having a conflict between a rear-yard setback of 20 feet,and then,where a rear-yard is abutting one of these landscape buffer easements,the applicant would contend that,Hey,we should only be abutting 10-foot instead of a 20-foot. MR.PHILPOTT: And I believe that's exactly the point I was trying to make. I believe that's the intent of the discussion here, is to allow a 10-foot setback along the rear property line adjacent to Santa Barbara. MR.BELLOWS: For principal structures? MR.PHILPOTT: And accessory structures. Actually,I'm sorry. MS.ASHTON-CICKO: No. MR. PHILPOTT: You're right. 20 foot. So-- MR.BELLOWS: That's where I see a conflict in the language that they have up there. MR. PHILPOTT: I apologize. Because of these internal setbacks,you have a rear yard 20 feet,20 feet,20 feet,20 feet. So what that means is,you have a 20-foot-wide landscape buffer along Santa Barbara, and then you have the 20-foot setback for each of these types of uses. So you are actually going to be creating a 40-foot setback. MR.BELLOWS: Or reverse. CHAIRMAN STRAIN: No. The way this reads is you have a 20-foot setback as a standard right here. But if it's against an existing LBE that's plotted,and the LBEs are 20 feet along and 10 feet along the other side,you have only 10 feet,not 20,because the LBE itself is 20 feet. That's the way,I believe, it's-- MR.PHILPOTT: Correct. That's the clarification I was attempting to make. COMMISSIONER EBERT: We're not hearing you. MR. PHILPOTT: Oh,I apologize. That was the clarification I was attempting to make,and I agree. It's the 20 feet of landscape buffer plus 10 feet. CHAIRMAN STRAIN: It's about 10:30,so,for the court reporter, let's take a 15-minute break. Why don't you get together with Ray and Eric and try to figure this out so that the Planning Commission can be told a story that everybody is on the same page? Okay. Let's take a break and we'll come back at 10:40. (A recess was taken.) CHAIRMAN STRAIN: We've resumed the meeting after the break,and hopefully during the break, the great minds of our planning department and Bruce Anderson got together and came up with a solution. So who wants to talk first? MR.PHILPOTT: I will. I will try and resolve this. And I think--during the discussions, I think we all kind of agreed on the concept. I think the issue was trying to make the clarification or communicating what we were intending. And the intent--and Mr. Strain,can I ask you to go to the master plan,please? The intent is to have an effective setback from Santa Barbara for principal and accessory structures of 30 feet. As it shifts to Atkins that will go to 20 feet. Staff and the applicant have agreed to that. To make that--to make those changes into the land development--or,excuse me-- into the PUD ordinance,there are a couple of changes that we would like to include. CHAIRMAN STRAIN: Okay. Page 21 of 27 June 16,2016 MR.PHILPOTT: And can we go to the Exhibit B,the development standards table now? There are a couple of changes. I'm going to try and use the laser. There we go. To do so we are agreeable to changing the amenity center setbacks for Atkins to 20 feet;again,20 feet for the accessory structures. And the row for landscape buffer easements,the final column would be 10 feet. And so that would effectively give all structures along Santa Barbara a 30-foot setback. That would be inclusive of a 20-foot buffer,as well as a 10-foot setback from the perimeter. And then from Santa Barbara,a 10-foot buffer with a 10-foot setback from that--or excuse me--yes. Correct. Atkins 10-foot buffer and a 10-foot setback in addition to that buffer. One thing to note is that Atkins is currently only an easement. It's not constructed at all.The only portion that is going to be constructed currently is the portion proposed to access this property. And so,as far as compatibility issues,there really isn't a compatibility concern there. But those are the changes that we discussed,and if there are any questions,I'm here to answer those, or if staff has any corrections. MR.JOHNSON: Mr.Chair? CHAIRMAN STRAIN: Go ahead,Eric. MR.JOHNSON: I just wanted to reaffirm that along Santa Barbara the effective setback will be 30 feet and along Atkins Avenue it would be 20 feet. Correct? MR.PHILPOTT: Correct. MR.JOHNSON: Mr. Chair, if I may also make a statement about trees. With--if each lot is plotted as a single lot,there is a requirement that there be at least one tree per lot. And I have discussed this with the applicant,and he understands the situation,and I just would like to get him to state on the record that,yes,at a time when it's appropriate,either at planning or STP,that there will be at least one tree per lot. CHAIRMAN STRAIN: Isn't that a requirement of the LDC? MR.JOHNSON: That is correct. CHAIRMAN STRAIN: Isn't it the staffs job to enforce the LDC in the reviews,with the exception of the deviation language in this PUD? MR.PHILPOTT: Correct. CHAIRMAN STRAIN: So do we have to separately ask each applicant to restate their affirmation for every element of the LDC? MR.JOHNSON: No,Mr. Chairman. The reason I was asking was because,during the review process,the applicant was kind enough to provide a tree exhibit. For one-car garages,the trees would have been in the front yard and for two-car garage lots,the trees would have been in the backyard. So I wanted to make sure there was enough room in the backyard for one tree. And,obviously,these kinds of things would be addressed,certainly,at the time of planning or STP. But I wanted to have that on the record.That's all. CHAIRMAN STRAIN: I think you made it on the record. I don't think it's needed to have the applicant reaffirm each element of the LDC that comes into question. They have to submit a document that is consistent with the LDC. It's your job to make sure it is--or the reviewers in the STP section to make sure it is. So,with that,we basically boiled the two issues down to be,we're going to correct the table here,and any subsequent language necessary to have an effective setback on Santa Barbara of 30 feet and an effective setback on Atkins of 20 feet.That will be a combination of either landscape buffers or setbacks. Either way, that's the keynote,30 and 20,and everybody is on the same page on that. So the needed changes of this table and any footnotes would have been made to that effect. Are we all in agreement with that? MR.PHILPOTT: Yes, sir. CHAIRMAN STRAIN: Okay. And is there anything else that needs to be discussed? Oh, first of all,the addition of this particular deviation in that Section AA,are there any concerns from anybody with adding that to the PUD so that we effectively work out the situation where we increase the setback from Santa Barbara? MR. PHILPOTT: None from the applicant. Page 22 of 27 June 16,2016 MR.JOHNSON: It's good with staff. CHAIRMAN STRAIN: Okay. So those are the changes so far. We're going to be adding this particular language and this cross-section. We're going to indicate the effective setback from the two roads. Is there anything from the Planning Commission's perspective,after reading this revised document? I have just one item,and that is,under Public Utilities,Number 1,why is that language there? I mean, it's a redundant element. It's required by code,so why--we don't really need it. I would rather just have that eliminated as redundancy and just make Number 2 one,and make that additional correction while we're at it. Do you have any problem with that,from the applicant's side? MR.PHILPOTT: No. Again,its an LDC requirement,as you stated. We will comply. CHAIRMAN STRAIN: How about Ray? Do you see any reason why this needs to be here? MR.BELLOWS: No reason. CHAIRMAN STRAIN: Okay. So then we basically have--that's the last item I saw based on the corrections you all submitted. Anybody from the Planning Commission have anything else they would like to add or discuss? Staff,I think you've complied with the staff report. Is there anything you wanted to add? MR.JOHNSON: Yes,Mr.Chairman. There's a few items I would like to bring up. Because the--there's going to be gates on--along Atkins Avenue,the thought process is that Atkins Avenue will have to have adequate turnaround at the easternmost gate. That could be addressed at the time of planning or permitting--planning or STP. I just wanted to make sure everyone was aware of that. Also,my colleague in the fire discipline wanted to make sure that the roadways,the pavement is at least 20 feet wide,which I think it will be,according to that cross-section that you had. The cross-section showed 12 feet. CHAIRMAN STRAIN: Is there something in the Code that would allows it to go less than 20 feet wide? MR.JOHNSON: I'm not sure. CHAIRMAN STRAIN: Well,then,okay. You might want to pass along to the fellow in the fire department that it's already part of Code,and they're going to meet the Code. It would be more helpful to know what issues they may be asking for that wouldn't be part of Code that we might have missed. Okay? MR.JOHNSON: Okay. What I also wanted to bring up was the landscape material that would be behind some of the units in the interior units. There was some discussion about it being Type D landscape--D,as in delta--and I just wanted to make sure that everyone understood that a Type D landscaping--and I'll point to it right here.There's a requirement that it be installed at 24 inches but maintained at 36 inches. So the way I interpret that is, if it's going to be maintained at 36 inches,that's the maximum height that that landscape material can be. I don't think that was the intent of anybody here. CHAIRMAN STRAIN: And I believe--I thought the intent of this Board,because the applicant needed to allow sidewalks to be removed in those areas,to justify that request,they said they wanted to put landscape material in. I didn't really care how they maintained it in that regard,as long as it was installed with the number of trees and the shrubs that are required,so if the homeowner wanted to go and let the hedge grow a little higher,to me,it would have been a good thing for them. So if there is need of correction,that the maintenance of that landscape material wasn't the issue but it was the planting of that material that was the issue, I'm fine with making this correction, if that helps staff. MR.JOHNSON: Yeah. That would help. So,yes,that's what I wanted to address,this landscape material. We didn't want to--we wanted to make sure that the eventual homeowner wasn't restricted to just 36 inches in height. So I'm glad that will be addressed. And then the wall that will be here along the preserve,everyone knows,and it's per the Code,that it has to be at least 5 feet away from the preserve. So I just wanted to state that. That's all I have. CHAIRMAN STRAIN: Okay. Thank you for the clarifications. Page 23 of 27 June 16,2016 Is there anything that the applicant has in deference to those comments? MR.PHILPOTT: I don't believe so. CHAIRMAN STRAIN: Any members of the public here to speak to this matter? (No response.) CHAIRMAN STRAIN: Okay. What I would like to do is,first of all,does the Planning Commission have anything else? (No response.) CHAIRMAN STRAIN: Hearing none,we'll close the public hearing. I want to read five corrections that need to be made--or clarifications,make sure everybody understands them. And it is consistent with what happened at the last hearing,the one just before you. I want to make sure you heard everything or if there is anything you want to add on this presentation today. Additional comments reflective of what you submitted are the following: There will be a 30-foot effective setback from Santa Barbara,and the changes needed to be made to the Exhibit B will be made accordingly. There will be a 20-foot effective setback on Atkins. Same application,changes made to Exhibit B accordingly. We're going to remove Item No. 1 from the public utility paragraphs. We're going to add a deviation number in the cross-section that was talked about here,and you're going to clarify the maintenance on the non--on the non-buffer material being used in the back of the lots for the sidewalk deviations,and maintenance meeting regulated for height and things like that. Anybody have any need for further clarification of those items or any questions? (No response.) CHAIRMAN STRAIN: So the applicant,those are along the lines that you understood; is that right? MR. PHILPOTT: Yes, sir. CHAIRMAN STRAIN: Okay. Planning Commission,any further discussion on this item? (No response.) CHAIRMAN STRAIN: Okay. Is there a motion?And the motion is either approval with the stipulation--approval or none. COMMISSIONER HOMIAK: I make a motion to approve. CHAIRMAN STRAIN: Motion made to approve the stipulations just listed. Is there a second? COMMISSIONER SOLIS: Second. CHAIRMAN STRAIN: Second made by Andy. Discussion? All those in favor say "aye." COMMISSIONER CI-IRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER ASAAD: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Aye. Opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Unless there is a motion made to come back and consent,this one is--was hopefully going to be accomplished today. And there being no consent,I don't see a need for consent. I think staff has got a clear understanding of what's going on. So does the applicant. So,without any Planning Commission member requesting consent,we'll just move on. Okay? Page 24 of 27 June 16, 2016 Thank you very much,gentlemen-- MR.ANDERSON: Thank you. CHAIRMAN STRAIN: --for your assistance today,which takes us to Old Business. Is there any old business to bring up? COMMISSIONER CHRZANOWSKI: I have a question. Bruce may want to hang around for this. That senior housing project we had last week--two weeks ago-- CHAIRMAN STRAIN: Yes. That's off of Learning Lane. COMMISSIONER CHRZANOWSKI: I took a look at Learning Lane,and the amount of exotics along Learning Lane is incredible to the parcel to the north. When they clear that,I told those people I don't think you're going to see your project. It's not going to look that bad,but when they clear the other side there is something called "edge effect." When you clear around a preserve, it opens up the edge to different humidity and moisture and vapor pressure and all that,and the vegetation is different. Well,you look along that whole edge,and you can't see through there too well because it's--when they pull all of that out--and there's a lot of it,a lot more than I realized the first time--when they pull all that out,you're going to be able to see through there. And,Heidi,would it violate anything if I went to somebody like staff or the Board or something and recommended that they don't take out all the exotics the first time until they see what the area looks like? Because I've been down this road before,where they clear an area and all of the neighbors come in and say, It's not--you know,We can see right through there. There is nothing left. It's all exotics. MS.ASHTON-CICKO: So your question is whether-- COMMISSIONER CHRZANOWSKI: My question is,does it violate anything for me to go to staff or the Board at the hearing and say,I don't think the exotics should all be removed as one shot, like we would normally require? Let the area grow in from the other side so it blocks the view. MS.ASHTON-CICKO: I think what you're suggesting is a Land Development Code amendment to change the clearing of the exotics. COMMISSIONER CHRZANOWSKI: No,no. Just on this one parcel. Just put off the clearing of the exotics until a sufficient buffer has grown in to where you can clear the exotics without decimating the entire area. CHAIRMAN STRAIN: I think the request gets into a couple of different issues. First of all,the Land Development Code requires the exotics to be cleared,so you're looking at a deviation that wasn't asked for in the planning. Stan was on the Planning Commission and voiced his concerns and questions over the project.I think what he's asking for,he wants to go outside of this forum and go directly to the Board,or whoever,with a position that he believes is a better position in regards to the neighborhood for those exotic issues. Is that-- COMMISSIONER CHRZANOWSKI: That's right. CHAIRMAN STRAIN: --a fair statement? COMMISSIONER CHRZANOWSKI: Right. CHAIRMAN STRAIN: In effect,he would be--he wouldn't be as a Planning Commission member, because he's not endorsed by us to do such things,and I don't think it's a habit we would even want to get into. It's more like a lobbyist position for what he believes he wants to do in his approach to this project. It's something that the Planning Commission had asked about long before you came on Board,which was quite a while ago,and the Board of County Commissioners each gave us our position. It more or less became our ability to express ourselves to the Board. Personally,I could go before the Board and talk about every single item,but I don't think it's appropriate for me to do that, inconsistent with the way the rest of the Board members vote. So whether I agree with the Board or not,I stick with the Board members and I refrain from making any public attendance in front of those Board members. And I would suggest that the rest of us do that,because it could get kind of dicey if each one of us wanted to go forward with our own things because we disagree with the rest or because we felt something was amiss. We have our forum here,and I would discourage it,although I don't know that legally it's an Page 25 of 27 June 16,2016 issue. COMMISSIONER CHRZANOWSKI: I won't do it,then. I don't disagree with what the Board said. I just--I can see when those exotics get pulled out,those people from that project are going to scream holy hell in front of the Board. And that's--you know,I guess that's none of my business,so--and you might not even want me to do that,so I won't. CHAIRMAN STRAIN: I just-- COMMISSIONER HOMIAK: Thank you for your comments,Bruce. MS.ASHTON-CICKO: I think it's more appropriate to make-- I think it's more appropriate,as a planning commissioner,that you make a countywide recommendation and not so much site specific. So I agree with Mr. Strain. COMMISSIONER CHRZANOWSKI: Well,this is very site specific. I wouldn't do this on another project, because I have a--okay. That's over. CHAIRMAN STRAIN: Anybody else have any other business at this time? COMMISSIONER CHRZANOWSKI: Yeah. One thing. I saw an article in the newspaper on sea-level rise. Are we ever going to discuss that? CHAIRMAN STRAIN: Mr. Bozie is the actual person in charge of sea-level rise from Collier County,from what I understand. And, since he's sitting in the audience dying to talk to us about something-- COMMISSIONER EBERT: He's been quiet all morning. MR.BOZIE: Mike Bozie,planning and zoning director. It's been incorrectly labeled to me that I'm somewhat the person in charge of sea-level rise in this county. I'm the planning and zoning director.Of course that could be a component or an element for growth management goals,policies,objectives,but certainly could be development regulations that are adopted within our LDC. But as of now we've been--at least attended an initial meeting from a project for University of Harvard to engage Collier County in the activity of setting sea-level rise and its potential effect on the County and the contemplation of some measures to be able to address,or at least try to effectuate some positive change into that issue of sea-level rise. Right now it's only a proposal. Eventually it will be brought to the Board of County Commissioners, once there is more formality towards it,and the Board will provide direction. Other than that there are no initiatives that are undergoing related to sea-level rise, in terms of the comprehensive planning staff,looking out. We do have our policies that limit density with coastal high-hazard area and policies within that future land use element that dictates that we want to minimize our infrastructure allocation within the coastal high-hazard area because of the potential for flooding and sea-level rise. But,other than that,there is nothing in terms of specifically directed by the Board of County Commissioners for our planning department to undertake,other than to engage with the Harvard projects,so to speak,in terms of what--the specifics of what they're asking for and bringing a report back to the Board of County Commissioners and see if they want to move forward. CHAIRMAN STRAIN: I knew you would have the answer,so thank you. COMMISSIONER HOMIAK: I just would like to add that I attended that initial working session at the botanical garden on the sea-level rise with the Harvard project presenters,and my understanding is that the decision makers are weighing whether there are funds available to participate in the study. CHAIRMAN STRAIN: Thank you. Stan,does that answer your question? COMMISSIONER CHRZANOWSKI: It does,thanks. CHAIRMAN STRAIN: Anybody else have any new business? Public Comment. There is nobody. So before we adjourn I do want to thank the Planning Commission for helping. This is a little bit awkward place to hold our meetings,but I found it to be a very productive day. And,Andy,especially thank you for your comments on the first and second. That reinforces the position that we need to maintain all along. So I certainly appreciate it. With that, is there a motion to adjourn? Page 26 of 27 June 16,2016 COMMISSIONER EBERT: Motion to adjourn. COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Seconded by Karen. All in favor,say aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER ASAAD: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Aye. Thank you. (Proceedings adjourned at 11:00.) ******* There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 11:00 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN,CHAIRMAN ATTEST DWIGHT E. BROCK,CLERK These minutes approved by the Board on ,as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S.LEGAL SUPPORT,INC., BY ELIZABETH M.BROOKS, REGISTERED PROFESSIONAL REPORTER AND NOTARY PUBLIC. Page 27 of 27 AGENDA ITEM 9-A Colffer County y STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 21, 2016 SUBJECT: DOA-PL20140002309, PELICAN MARSH DRI (DEVELOPMENT OF REGIONAL IMPACT) (COMPANION ITEM TO PUDR-PL20140002211, PELICAN MARSH PLANNED UNIT DEVELOPMENT) APPLICANT/CONTRACT PURCHASER: Applicant/Contract Purchaser: WCI Communities, LLC 24301 Walden Center Drive Bonita Springs, FL 34134 PROPERTY OWNERS/AGENTS: Property Owners: Agents: Robert J. Haaga D. Wayne Arnold Tiburon Golf Ventures, LP Q. Grady Minor and Associates, P.A. Vanderbilt Beach Road Land Trust 3800 Via Del Rey Mary Longer Tr Est, Trustee of the Bonita Springs, FL 34134 Mary V. Longner Living Trust Richard D. Yovanovich,Esquire Coleman, Yovanovich& Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 NOTE: Over 3,200 parcels within the DRI have been sold to others. PELICAN MARSH DOA,DOA-PL20140002309 June 9,2016 Page 1 of 7 0 W �� a a II 1 a E co a 2 R. Z re UN V 8 a gg O $a .1 if ta O I I 4 a C CD a ° CD o a CC iI C o agp a 73 a? ca a /1� i o U13 d N .J • li a 0) o a. p a a if M LL n a. N 1 r a :a O x J g _.. .......z._ a = L. O k. -w-._517.----------,__.- 1,,,, riA."- mmii i ..,',-.v. 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EftEb- I J .'141& 5 J ( riJ': 2 =�I- v N .1:::::„....-,::::: nllllllllllla , ffii of`` irii cr 1,.■ .,uuul�munum Ce COI _ '''!"..;\11111•. ill* �ON11I21I,�w►0,iii Jd 87#elpou J %///���r C7 • iu:• • ,1lug ..x• ./. :.•.•.1.400 " "i`471� f11 nom ..�.wilult � r:.. I�., /:,11..„4.01.4.3111,0.4.4.4,0,064,,.0.4•��„, ■....,.. i,i,I n unu I.41 .■ irr aili Rsaa. ��� {t `1� �uu■■ ��1►11 1 w` �■ '_ ■I III- �■ 1 �-1i,�nl■I ' ;�■ :Demo:_: �L� ILr711111� C -- 1' -•1- �� 'i\ N 0 0 0 REQUESTED ACTION: The petitioner seeks an amendment to Resolution Number 95-71 (Development Order Number 95- 01), as amended, for the Pelican Marsh Development of Regional Impact ("DRI") by providing for: Section One, Amendments to Development Order by adding 43.2 acres to the DRI;by revising Exhibit"D" and Map "H3" contained in the DRI Development Order to add 43.2 acres to the DRI and an access point on Livingston Road; and by increasing the reserve and right of way; Section Two,Findings of Fact; Section Three, Conclusions of Law; and Section Four,Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. GEOGRAPHIC LOCATION: The subject property is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East in Collier County, Florida. (Please see the Location Map on the preceding page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to amend DRI Development Order Number 95-1, as amended,as follows: - add 43.2 acres to the DRI without increasing development entitlements for residential dwelling units, - modify the Master Plan to show access from the subject 43.2 acres through approximately 2 acres of reserve area(now known as a preserve area)to Livingston Road,and - modify Development Order Paragraph 4 of the Findings of Fact to increase the amount of conservation area from 360.4 acres to 371.9 acres to reflect the increase of Reserve to accommodate the proposed development. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL(SWFRPC): • The SWFRPC approved the original Notice of Proposed Change NOPC to add 31.39 acres (not 43.2 acres) to the DRI on September 18, 2015. Please note: the SWFRPC determined that the revision to add 43.2 acres to the DRI does not require a new SWFRPC hearing. (Please see email from Executive Director Margaret Wuerstle dated June 7, 2016.) The original NOPC approval to add 31.39 acres pursuant to Subsection 380.06(19) Florida Statutes on September 18, 2015 found the following: "The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. However, a condition to address offsite wetland mitigation impacts must be included in the amendment as follows: • The 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. PELICAN MARSH DOA,DOA-PL20140002309 June 9,2016 Page 3 of 7 RECOMMENDED ACTIONS: 1. Notify Collier County and the applicant that the proposed changes will not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council as long as offsite wetland mitigation is addressed. 2. Include new Development Order condition that the 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. 3. The applicant must address the Collier County Land Development Code deviation of splitting the preserve for road access, space connection onto Livingston Road and lighting and buffer from adjacent residential development. 4. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 5. Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. "The SWFRPC role in coordinating the review process of NOPCs is to determine under the authority of Chapter 380.06(19)(a) F.S. if "any proposed change to a previously approved development creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency. " It is the Council staff's opinion that no additional regional impacts will occur g P from the proposed change and do not object to the change. " (Please see attached RPC Staff Report.) The RPC, through its' consultant, Dan Trescott, has revised their recommended action number 2 since the September 18, 2015 hearing to state the following: 1 2. Include new Development Order condition that the 43:2+/- acres of land to be added to the DRI contains 17.6+/-acres of jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas. { PELICAN MARSH DOA,DOA-PL20140002309 June 9,2016 Page 4 of 7 (Please see attached SWFRPC letter dated June 7,2016.) DEPARTMENT OF ECONOMIC OPPORTUNITY(EOC): DEO objected to the original NOPC. DEO has not offered any comment to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed change in land use designation does not pass the threshold to be a presumption of a substantial deviation under Sub-chapter 380.06(19)(a), Florida Statutes that states: "2. The following changes, individually or cumulatively with any previous changes, are not substantial deviations: 1. Any other change that the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub-subparagraphs a.-k and that does not create the likelihood of any additional regional impact." As noted above, the applicant is seeking to add 43.2 acres of land into the DRI, to add an ingress/egress point from Livingston Road and to increase the reserve/preserve area from 360.4 acres to 371.9 acres to accommodate a proposed access roadway. Staff recommends approval of the DRI Notice of Proposed Change (DOA) believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DOA is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report for Petition DOA-PL20150000545 on June 8,2016. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA-PL20140002309 to the Board of County Co issioners subject to the adoption of the companion PUDR and as described by the amending DRI Development Order resolution with the revised Condition number 2 which states: PELICAN MARSH DOA,DOA-PL20140002309 June 9,2016 Page 5 of 7 1 Include new Development Order condition that the 43.2+/- acres of land to be added to the DRI contains 17.6+/-acres of jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the EVP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas. Attachments: Attachment A: Proposed Resolution Attachment B: RPC Staff Report Attachment C: Email dated June 7,2015 Attachment D: Updated RPC Letter dated June 13,2015 PELICAN MARSH DOA,DOA-PL20140002309 June 9,2016 Page 6 of 7 PREPARED BY: MA/ t A d la YA1A__k_2101,CO NANCY G OD H, AICP,PLA TE PRINCIP• ' R ZONING DIVISION REVIEWED BY: /2 /721.‹, r7.3) -------- 5 - 3-/ C) RAYMO V. BELLOWS,ZONING MANAGER DATE ZONIN DIVISION _ .7/`777.1 5-- ti- II. MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: >:—.JAMES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT / r GCS ./Z'Ve, DAVID S. WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PELICAN MARSH DOA,DOA-PL20140002309 May 3,2016 Page 7 of 7 DEVELOPMENT ORDER NO. 16- RESOLUTION NO. 16- A RESOLUTION AMENDING RESOLUTION NUMBER 95-71 (DEVELOPMENT ORDER NO. 95-01), AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT ("DRI") LOCATED IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH,RANGE 26 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY ADDING 43.2 ACRES TO THE DRI; BY REVISING EXHIBIT "D" AND MAP "H3" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD 43.2 ACRES TO THE DRI AND AN ACCESS POINT ON LIVINGSTON ROAD; AND BY INCREASING THE RESERVE AND RIGHT OF WAY; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20140002309) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 95-71 (Development Order No. 95-01) which approved a Development of Regional Impact(DRI)known as the Pelican Marsh DRi on January 24, 1995;and WHEREAS, the real property which is the subject of the Development Order is legally described in Exhibit"A"to this Resolution;and WHEREAS, the Pelican Marsh DRI was amended by Resolution Nos. 97-457 (Development Order 97-4), 99-234 (Development Order 99-2), 99-473 (Development Order 99- 6),and 02-507(Development Order 02-04);and WHEREAS, WCI Communities, LLC, through its authorized agent, has filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a PreviouslyApproved DRI (NOPC), which NOPC is attached hereto and incorporated pp herein as Exhibit"B";and WHEREAS, subsequent to the filing of the NOPC, WCI Communities LLC amended its development project and filed a revised application with the County, which the Southwest Florida Regional Planning Council (SWFRPC) accepted as the revised NOPC. The SWFRPC electronic communications and the amended application is attached hereto in part and incorporated herein as Exhibit"C";and (1S-CPS-01450J 160 Pelican Marsh/DOA-PL20140002309 Rev. 6/14/16 1 of 5 Words st ck threagh are deleted;words undraggl are added. Attachment A { WHEREAS, the SWFRPC by the letter dated June 7, 2016 attached hereto as Exhibit "C-1" and incorporated herein by reference recommends the following condition to this development order: "The 43.2± acres of land to be added to the DRI contains 17.6± acres of jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas." WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the SWFRPC and held a public hearing on ;and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh DRI;and WHEREAS, at a public hearing held on , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the following Pelican Marsh DRI Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN A. The legal description,Exhibit"A"in the DRI Development Order,Resolution No. 95-71 (Development Order 95-01), as amended, is hereby amended and attached to this Resolution as Exhibit"A". B. Paragraph 4 of the Finding of Fact Section of the DRI Development Order, Resolution No. 95-71 (Development Order 95-01),as amended,is hereby amended as follows: 4. The applicant proposes the development of the Pelican Marsh Community consisting of 3243.6 2256.8± acres, as depicted in the Master Plan, Map "H3", attached as Exhibit "1)". Pelican Marsh includes 80 acres of"activity center" use, which will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use;up to 295,800 square feet of GFA of office commercial uses,with up to [15•CPs-01450]160 Pelican Mareh/DOA•PL20140002309 Rev. 6/14/16 2 of 5 Words streak-thiteugh are deleted;words underlined are added. 1 w i 1 i 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh i Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf 1 and clubhouses; 360:4 371.9 acres of conservation area, (some of which is within an I FP&L easement); 114.2 acres of open space;and a 20 acre school site. 1 C. The Master Plan, Exhibit "D" contained in the DRI Development Order, Resolution No. 95-71 (Development Order 95-01), as amended, is hereby amended and attached 1 to this Resolution as Exhibit"D". SECTION TWO: FINDINGS OF FACT i A. The proposed changes to the previously approved DRI, individually or I cumulatively with any previous change, do not constitute a substantial deviation under 1 Subsections 380.06(19)(b) through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. K B. The proposed changes to the previously approved DRI are in accordance with I Subsection 380.06(19)(e)I.,Florida Statutes. I C. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Section 380.06,Florida Statutes. D. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has i established that the changes in Map "H3" and Exhibit "D" contained in the DRI Development Order result in no additional overall regional project impacts. E. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06,Florida Statutes. F. No increase in overall development intensity is authorized by this Development N Order. SECTION THREE: CONCLUSIONS OF LAW i A. This Development Order is subject to the following condition recommended by the SWFRPC: The 43.2± acres of land to be added to the DRI contains 17.6± acres of 1 jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD # has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas. B. The proposed changes to the previously approved Development Order, either individually or cumulatively with previous changes, do not constitute substantial deviations i [I5-CPS-01450]160 Pelican Ma,sh/DOA-P1.20140002309 ' Rev. 6/14/16 3 of 5 Words ugh are deleted;words underlined are added. 1 k under Section 380.06(19)(b) through (e), Florida Statutes, and a notice of proposed change was provided by petitioner pursuant to Subsection 380.06(19Xe)1.,Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. E. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. F. The proposed changes to the previously approved development do not constitute a substantial deviation, do not require further development of regional impact review, and are otherwise approved. G. This resolution shall be considered an amendment to the development order incorporating the approved change to the previously approved development. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEO AND EFFECTIVE DATE A. Except as amended hereby, Development Order No. 95-01, as amended, shall remain in full force and effect,binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. B. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Economic Opportunity and the Southwest Florida Regional Planning Council. C. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. [15-CPS-01450]160 Pelican Marsh/D0A-PL20140002309 Rev. 6/14/16 4 of 5 Words stuek throes are deleted;words underlined are added. This Resolution adopted this day of , 2016 after motion, second, and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA,Chairman Approved as to form and legality: \``\% Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A— legal description Exhibit B—NOPC filed on 5/28/15 Exhibit C—amended application, in part Exhibit C-1 —SWFRPC letter Exhibit D—Revised Master Plan (Exhibit D to Res. 95-71, as amended) (I5-CPS-014501 160 Pelican Marsh/D0A-P1.20140002309 Rev. 6/14/16 5 of 5 Words struck-through are deleted;words underlined are added. EXHIBIT A LEGAL DESCRIPTION PELICAN MARSH, being approximately 2211 2256.8 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four(4)described courses; 1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18" and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the- boundary of said Pine Ridge Second Extension in the following eight(8) described courses: 1) South 89 50'58" West 88.21 feet; 2) North 31 34'00" West 120.19 feet; 3) North 05 37'10" West 956.47 feet; 4) South 74 46'39" West 379.98 feet; 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22" West 737.85 feet; Page of__, thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32" East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the cast right-of-way line of U.S. 41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, pages 88 through 89, Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. Page of TOGETHER WIT!I THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 'Y4 of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" Ea8t 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 1 143 '40" East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15" East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'A corner Section 27,Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; thence South 00 39'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet: thence south 62 08'16" West 75.07 feet; Page of thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58" East 34,79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37" East 19.89 feet; thence along a non-tangential line South 84 13'14" East 158.41 feet: thence South 80 55'24" East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 3571" West 65.19 feet; thence North 15 31 '55" West 74.80 feet; thence North 00 41'41" West 115.24 feet; thence North 28 22'47" East 171.51 feet; thence North 17 11'45" West 106.79 feet; thence North 13 02'52" East 28.51 feet; thence North 73 36' 14" West 54.78 feet; thence South 49 16'08" West 1 12.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South. Range 25 East, Collier County, Florida, being North 00 39'12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 'V4 corner of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature; Page of__._ thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57"and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'S0" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58" and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33'17" West 18.36 feet; thence South 89 39'11" West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44 '08" West 26.23 feet; thence South 51 01 '05" West 27.49 feet; thence South 33 25'42"West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58"East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings arc based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00 39' 12" West 827 .69 feet; thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 443.43 feet; thence South 05 34 '48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the are of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04" West 30.53 feet: thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; Page of thence North 56 04'43" West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35" Fast 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R. 31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south %corner of said Section 35; thence continue along said south line South 89 39'32"West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18"and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33'10"West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02 12'03"East 2671.63 feet to the cast '/, corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; Page of thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R.31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57" East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R. 31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57"East 3914.28 feet to the southwest corner of the east %i of the east ''/z of said Section 25; thence along the west line of the east %Z of the east''/z of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east '%of the east '/x of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of lmmokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east'/, corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N '/s of the SE 'A of the SW ' of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel II: S '/s of the NE '/ of the SW '/ of Section 31.Township 48 South,Range 26 East,Collier County,Florida. Parcel III: N 'h of the SW ' of the NW%of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Page of Parcel IV: S 'h of the SW '/ of the NW ' of Section 31,Township 48 South, Range 26 East, Collier County, Florida. Parcel V1: N %2 of the SW % of the SW '/ of Section 31,Township 48 South, Range 26 East, Collier County, Florida. Parcel VII NW 1/4 of the SW '/ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels 1 II III IV VI and VII contain a total of 141.61 acres,more or less. AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 31.SAID POINT ALSO BEING ON THE WEST LINE OF TRACT "D" OF THE WILSHIRE LAKES, PHASE 2 SUBDIVISION, AS RECORDED IN PLAT BOOK 27, PAGES 24-27. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION. NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION,SOUTH 02°09'53" EAST,A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31, NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG SAID EAST LINE, SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION,NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF TILE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE SOUTH 89°57'44" EAST,A DISTANCE OF 135.17 FEET;THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; THENCE SOUTH 02°I0'03" EAST. A DISTANCE OF 60.04 FEET; THENCE SOUTH 89°57'36" EAST,A DISTANCE OF 135.18 FEET; THENCE SOUTH 02°10'14"EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°5727" WEST, A DISTANCE OF 135.20 FEET; THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET Page of SOUTHEAST QUARTER OF THE AFOREMENTIONED FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF TIIE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET: THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST OUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION.NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST. A DISTANCE OF 607.94 FEET; THENCE SOUTH 89°56'27" EAST,A DISTANCE OF 164.98 FEET; THENCE NORT)I 02°13'33" WEST. A DISTANCE OF 30.02 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST OUARTER OF THE SOUTHEAST •DART R OF THE NORTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, NORTH 89°56'2T WEST, A DISTANCE OF 164.97 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2 SUBDIVISION, THENCE RUN ALONG SAID BOUNDARY,SOUTH 89°56'17" EAST,A DISTANCE OF 1,322.06 CONTAINING 43.22 ACRES,MORE OR LESS. Total parcel contains 2211 2256.8 acres, more or less. Page of__ • Exhibit II • FORM DEO-BCP-PROPCHANGE-1 Rule 730.40.010,FAC.Bffecdve 11-20-90 (Renumbered 10-01-I1) 2..<1 IRP • STATE OF FLORIDA . � . 1 ( 1_t V (9 DEPARTMENT OF ECONOMIC OPPORTUNITY W c DIVISION OF COMMUNITY PLANNING&DEVELOPMENT R The Caldwell Building,MSC 160 NOP O P G 107 East Madison Street • 1`� Tallahassee,Florida 32399 i NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT(DRI) SUBSECTION 380.06(19),FLORIDA STATUTES ' Subsection 380.06(19),Florida Statutes,requires that submittal of a proposed change to a • • previously approved DRI be made to the local government,the regional planning agency,and the 1 state land planning agency according to this force. 7 1. I,D.Wayne Arnold.AICP,the undersigned owner/authorized • S I representative of WCI Communities LLC,hereby give notice of a proposed change to a 1 (developer) 1 previously approved Development of Regional Impact in accordance with Subsection 380.06(19),Florida Statutes. in support thereof,I submit the following information concerning I i the Pelican Marsh DRI development,which (original¤t project names) infomnation is-true and correct to the best of my knowledge. I have submitted today,under 1 . separate cover,copies of this completed notification to Collier County, (local government) to the SouthwestFlorida Regional Planning Council,and to the Bureau of Community 1 Planning,Department of Economic Opportunity. May 28.2015 . Date Signature i 4 1 1 3 / ofk •. 2. Applicant(name,address,phone). • WCI Communities LLC 24301 Walden Center Drive Bonita Springs,FL 34134 • 3. Authorized Agent(name,address,phone). Richard D.Yovanovich,Esq. Coleman Yovanovich&Koester,P.A. 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103 (239)435-3535 z 256 eyovanovich@cyklawfirm.com And D. Wayne Arnold,AICP Q. Grady Minor and Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 34134 .239.947.1144 warnold a@gradyminor.com • 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Naples,Collier County,T48S/R25E/S25,27,34,35,36 and T48S/R26E/S31 5. Provide a complete description of the proposed change.Include any proposed changes to the plan of development,phasing, additional lands, commencement date, build-out date, development order conditions and-requiretpents, or to the representations contained in either the development order or the Application for•Development•Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps,as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. • The proposed change to the Pelican Marsh DRI adds 32*acres to the DRI without increasing the previously approved maximum number of dwelling units or commercial square footage. The additional lands will be designated for residential • development on the DRI Map H. The change will reduce previously designated . reserve (open space) lands proposed to be impacted were not so designated for protection of endangered plant or animal species. The decrease in open space is less 2 • page a of q • than 5% of the project's open space; therefore, it can be deemed to not be a substantial deviation. s The lands proposed for addition to the DRI for residential development are presumed to be a substantial deviation under Chapter 380.06 paragraph (19)(e)3 unless the presumption is rebutted by clear and convincing evidence. The applicant • • • has offered appropriate documentation as part of the NOPC application which demonstrates there are no additional regional impacts associated with the addition of the 321 acres for residential development as no'additional dwelling units are . proposed,no new or additional traffic is generated for the project. The lands are not inhabited by endangered species, the lands have no known archeological.significance,and the small decrease of 2 acres of lands designated as reserve (open space) do not impact any threatened or endangered plant or animal species. The project as revised will continue to contain significantly more native vegetation than required by Collier County. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development If no change is proposed or has occurred, indicate no change. 7. List all the dates and resolution numbers(or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes(i.e.,any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? • On December 17, 2002 an NOPC was approved (DO 02-04, Resolution 02-507) which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet The overall allocation of 295,800 square feet of office commercial was not increased. • The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24; 1995 (DO 95-1). The original project approval was.a multi-use development; approved for 575,000 square•feet gross floor area(GFA) of retail space,250,000 gross square feet of general office space, 100,000gross square feet of medical office space, 280 hotel. rooms, 5,600 residential unite and a cultural facility containn►g 80,000 square feet, 750 • seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open space/buffers. 3 • On September 26, 1995, the Collier County Commission approved Development Order 95-5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of -approximately 9 acres of land from each landowner to the other, with the net result being an Increase of one acre to . the northern boundary of Pelican Marsh between U.S. 41 on the west and . GoodletteFrank Road on the east • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5, 100 units and decreased retail and • office use by 230,000 and 150,000 square feet, respectively.An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve x acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the I . amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres. Finally,in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County 1 Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh glementary School(approximately 148,000 square feet)site as satisfaction of the shelter space mitigation requirement. • The second NOPC approved in earlier 1999(DO 99-2)Included the following • (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses 1 and to refine the approved development plan. To accommodate market r conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet(adding 57,500 square feet of(GFA); 1 o hotel.rooms were increased by 50 for a total of 450 rooms;and o 25,000 square feet did medical office. • The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: i o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf resulting in a total of 72 holes which increased 1 the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; 1 o decrease retail uses by 21,400 square feet (GFA) to a total of 3$1,000 square feet(GFA); 4 Page ;f o: 2g . •• s• ...4,11-••‘•!.•. .. J..i+YMfi�F1n►'i1 )0!.44r4�1�{7.6.0 .I.ftivim•r11} o increase office uses by 120,800 square feet(GFA) to a total of 295,800 square feet(GFA); and o increase the conservation area by 30 acres. 8. Describe anylands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development such land, its size, intended use, and adjacent non-projectorder. t eonga • project master site plan or other map. land uses within aide on a The only lands optioned.or purchased within % mile of the DRI are the subject parcels,which are immediately adjacent to the DRI boundary. 9. indicate if the proposed change is less than 40% (cumulatively with other changes)of any of the criteria listed in Paragraph 380, Previous 06(I g xb),Florida Statutes, Do you believe this notification of change ProPO$e3 a change which meets the criteria of Subparagraph 380.06(19Xe)2.,F.S. YES X NO The change is less than 40%of the Criteria per 380.06(19)(b) 06( )(b) 10. Does the proposed change result in a change to the buildout date or the project? If so,indicate the any phasingdate of proposed new buildout or phasing dates. No 11. Will the proposed change require an amendment to the local plan? government comprehensive No _ • Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15),F.S.,and 73-40.025,Florida Administrative Code: 12. An updated master site plan or other map of the development distinguishing the proposed changes to the previously approved DRI orportraying order conditions. • Map H and the required Do redact the proposed additional 31.39k acres and new access point on Livingston Road. 13. Pursuant to Subsection 380.06(l9)(f), F.S., include the precise language proposed to be deleted or added as an being amendment to the development order. This b • page sof -VI language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use,open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or • components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c. A proposed amended development order deadline for commencing physical development of the proposed changes,if applicable; d. A proposed amended development order termination date that reasonably reflects the lime required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit • density reduction,or intensity reduction,if applicable;and • f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025(7),F.A.C. An updated Map H has been prepared which reflects the revised acreages and location of the proposed additional lands. An updated legal description has been prepared which describes the newly added 31.39+acre parcel. No revisions are proposed to the buildout or termination dates for the project. ti • • J • . 1 • 4 } 6 • • Page of gY • g w g t i v O � Ap o a A4 44.1 . • i 5E-4 6 , 0e . o O, : T - 1 g , si: - . a A4 ' ca 0 CA PAH0 gl 0 A p § lb' , x • o gi m . ,. 0 I • i 1 4 1 cd r.,4 1 g EtT31.° 1.° i g' a 0 n .0 - z g 1 .I g it II 1 R i i r ii . 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Is i 2 1 I . 4 i cso I . 410 ...!) m i I IhfflJ1IiHJI 4k m 4b A w , 4 * A 6 .S •. .�' 'Se'. coa . e � 1 1 I 'a ii ii • .g/ 1 Z.i .1 i s 1 03 • a 1 1 1 2 1 4-43 'a 8 a s t..., 1 i : 0 . • XI HI Q 0 0 19 - - , . - — P4 -ab A pw p 1 r4 14 as g. 6. 2 I i ..6 6 5 , 76 f4vi1HJb41JJfl 21 a nt w 4k• 4t in . * A ¢ Q 0 .* AO ft 'rn 4k A 44 0 ag" K • .dg" Argg ri i '.4) ;I a • x .� .2` 1 W N- .4:' r. o El cis" a 43) Q en a o u D eepp 'd 5 w g Q f .44 W w 1 ;} A O g M is .9 A El 18 g' ca frd 4 .d ii ° t d e- So 8 IA g . i J . 1 r 1 d., 4 g -i-Z i 6 044 i d m H A -4 iii A Aii i p .1 8 i "! i O " i & 8)•i I tea. III . a a i ti { • Pelican Marsh Community DRI Amendment to Development order 95-1,as amended(Resolution Number 95-71,as amended) Paragraph 4 of the Findings of Fact Section of the Development Order 95-1,as amended(Resolution 95- 71,as amended),for the Pelican Marsh Community DRI,is hereby amended as follows: *** *** *** *** *** Text break *** *** *** *** *** 4. The applicant proposes the development of the Pelican Marsh Community consisting of 3213.62245±acres,as depicted in the Master Plan,Map "H3",attached as Exhibit"D". Pelican Marshinchutes 80 acres of"activity center"use,which will contain the following land uses:up to 381,100 square feet of gross floor area(GFA)of retail commercial use;up to 295,800 square feet • of OFA of office commercial uses,with up to 26,000 OFA of medical office uses;and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units;72 holes of golf and clubhouses;368:4$58,4 acres of conservation area,(some of which is within an FP&L easement); 114.2 acres of open space;and a 20 acre school site. *** *** *** *** *** • Text break *** *** *** *** *** y1y • Exhibit `A'• and 'D' of the Development Order 95-1, as amended (Resolution Number 95-71, as amended),for the Pelican Marsh:Community DRI,is hereby amended and attached hereto: • • • - • • • • Eq Words po derlb,e flare additions:words atrnehA bsgii.are deletions Pelican Marsh DRI Last Revised 04/17/2013 Page 1 of1 pap ri Of �� 3 EXIID31T A LEGAL DESCRIPTION PELICAN MARSH,being approximately 22142245 acres,more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 Collier County,Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west'A corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45"East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58,Public Records of Collier County,Florida; . thence along said westerly right-of-way line in the following four(4)described courses; 1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18"and being subtended by a chord which bears South 00 47'59"West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the-boundary of said Pine Ridge Second Extension in the following eight(8) described courses: 1) South 89 50'58"West 88.21 feet; 2) North 3134'00"West 120.19 feet; 3) North 05 37'10"West 956.47 feet; • 4) South 74 46'39"West 37998 feet; 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave • southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22"West 737.85 Beet; Page itr--d • thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26128"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through.a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52"and being subtended by a chord which bears North 30 29'09"West 582.44 feet; thence North 77 59'05"West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57"and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08"West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10"West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S.41; thence along said line North,00 39'20"West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32"Bast 306.56 feet to a point on the west line of Tract WF-I(Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh,Plat Book 24,pages 67 through 70,Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract . "B"('Vanderbilt Beach Rnad)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, page's 88 through 89,Public Records of Collier County,Florida; thence southwesterly 30637 feet along the arc of a non-tangential circular curve concave to the southeast, having a.radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 1S'I6" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less_ Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33132" • East • Containing 573.98 acres more or less. Subject to easements and restrictions of record. • pin d TOGETHER WITH THB FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 3 of said Section 27; thence along said west line North 00 39'12"West 827.69 feet thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 4759"Ea8t 46.92 feet, thence North 68 3521"East 110.88 feet; thence North 00 39'12"West 187.52 feet; thence North 1143'40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15"East 100.64 feet; 1 thence South 89 20'45" West 1957.22 feat to the Point of Beginning of the parcel herein described. • Subject to easements and restrictions of record. Containing 9.5 acres more or less. 1 Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, i • being more particularly described as follows: Commencing at the west%corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12"West 827.69 feet; thence leaving said Section line north 89 20'45"East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; I thence South 00 39'15"East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central atigle of 38 45'23" and being 1 subtended by a chard which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a 1 radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord 1 which bears South 0714'23"East 241.20 feet to a point of reverse curvature; • thence southerly 151.40 feet along the arc of a circular curve concave easterly having a 1 radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord • which bears South 02 54'07"East 142.99 feet to a point ofreverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a 1 radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10"West 105.98 feet; 1 thence south 62 08'16"West 75.07 feet; k 1 > e /7 ot2y 3 i 1 • thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10"West 43.56 feet; thence South 30 5758"East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along anon-tangential line South 84 13'14"East 158.41 feet; thence South 80 5574"East 183.78 feet; thence South 8152'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00"West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14"West 120.32 feet; thence South 33 05'40"West 54.13 feet; thence South 76 56'51"West 89.04 feet; thence North 58 35"21"West 65.19 feet; thence North 15 31'S5"West 74.80 feet; thence North 00 41'41"West 115.24 feet; thence North 28 22'47"'East 171.5I feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36'14"West 54.78 feet; thence South 49 16'08"West 112,78 feet; thence South 89 47'08"West 53.08 feet; thence North 58 00'49"West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'1r West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows: Commencing at the west Y4 comer of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45",East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32"West 23.43 feet; thence South 74 56'42"West 121.32 feet; thence South 79 49'51"West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 3 9 30'16"and being subtended by a chord which bears North 80 25'01"West 44.61 feet to a point of reverse curvature; Pale01.1111MINI thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57"and being subtended by a chord which bears North 70 4621"West 52.65 feet; thence North 80 52'50" West 3.6.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04"West 45.54 feet to a point ofreverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 8416'06"West 3732 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58"and being subtended by a chord which bears North 83 58'44"West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03"West 36.03 feet; thence South 86 06'33"West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 51 01 '05"West 27.49 feet; thence South 33 25'42"West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31"West 34.64 feet; thence South 89 20'06"West 101.06 feet; thence North 10 45'58"East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12"West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: • • Commencing at the west'/s corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45"East 3401.12 feet to the Point ofBeginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01"West 13.07 fret; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53"and being subtended by a chord which bears North 12 56'04"West 30.53 feet thence North 05 01'01"West 31.56 feet; • • thence North 36 19'27"West 32.02 feet; • 9 of aY fi kE thence North 56 04'43"West 35.11 feet; thence North 80 39'23"West 32.53 feet; thence North 88 39'20"West 97.78 feet; thence North 86 04'48"West 45.79 feet; thence North 89 49'56"West 132.77 feet; • thence North 69 4(718"West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(CR.31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; 1� thence along said south line South 89 39'22"West 2541.65 feet to the south V4 corner of said Section 35; thence continue along said south line South 89 39'32"West 264133 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02"West 391.57 feet to the boundary line of a parcel described in O.R.Book 524,page 121 of the Public Records of 5 Collier County,Florida; £ thence along the boundary of said parcel North 01 03'33"West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02"West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida:; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; 5 thence continue along said easterly right-of-way line northerly 649.69 fleet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18"and being subtended by a chordwhich bears North 00 47'59"East 648.37 feet; • thence continue along said right-of-way line North 05 33'10"West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the northlinelof said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL • Beginning at the northeast comer of said Section 36; - thence along the east line of said Section,South 02 12'03"East 2671.63 feet to the east corner of said Section 36; S thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 20d 2.11 • • I thence along said northerly right-of-way line North 89 39'39"West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R.31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north I 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"Bast 15.00 feet; • thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R.31); 1 thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57"East 3914.28 feet to the southwest corner of the east Y of the east%of said Section 25; thence along the west line of the east'04 of the east 16 of said Section 25 North'01 54'09"West 2668.19 feet; thence continue along the west line of the east 3 of the east 54 of said Section 25 North 01 5716"West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R.846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east', corner of Section 25; thence continue along said east line of Section 25 South 02 00'46"East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment; the north line of Section 35,being North 89 45'35"East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: • 5 Parcel I: N % of the SE 'A of the SW ;4 of Section 31, Township 48 South, Range 26 East, Collier F County,Florida. Parcel lL 1 S V2 of the NE'of the SW Y4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel El: . 1 N'A of the SW y.of the NW yi of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel IV: S t/2 of the SW V.of the NW V4 of Section 31,Township 48 South,Range 26 East,Collier • County,Florida. • Parcel VI: N y2 of the SW V4 of the SW Y4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VII NW y.of the SW Y4 of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcels I II III IV VI and VII contain a total of 14I.61 acres,more or less. AND•TOGETHER WITH THE FOLLOWING TRACT OF ) LYING WITHIN•TRE • NORTHWEST OUARTER OF SECTION 31.TOWNSHIP 48 SO RANGE 26 EAST, COLLIER COUNTY FLORIDA; • BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST OUARTBR OF SECTION 31.SAID POINT ALSO BEING ON THE WEST LINE OF TRACT "D"OF THE WILSHIRE LAK.ES`PHASB 2 SUBDIVISION AS RECORDED IN PLAT BOOK 27-PASS 24-27. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE RUN ALONG THE EAST LINE OF SAID FRACTION. SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION:THENCE RUN ALONG THE SOUTH LINE _. OF SAID FRACTION. NORTII89°56'27" WEST_ A DISTANCE OF 165,10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTZ$QF THE SOUTHEAST QUARTER. OF TINE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31: THENCE RUN ALONG THE EAU LINE OF SAID TRACTION.SOUTH 02009153"EAST.ADISTAIiCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE RUN_ALONG THE SOUTH_LINE OF SAID FRACTION AND THE SOUTH LINE OF S1IE NORTHWEST OUARTER OF THE SOUTHEAST QUARTS OF TI3B SOUTfIEA ' OUARTER OF THE NORTHWEST QUARTER QF SAID SECTION 31. NORTH 89°5639" WEST A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINK OF TIM EAST HALF OF THE SOUTHWEST OUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 31: THENCE RUN ALONG SAID EAST LINE. SOUTH 02°10'14" EAST. A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION,NORTH 89°57'44"WEST, A DISTANCE OF 165.19FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE FAST HALF OF TIM NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAIDBECTION 31:THENCE RUN ALONG THE EAST LINE OF AID FRACTION. SOUTH 02°10'03" EAST.A DISTANCE OF 667.50 FEET TO ThE SOUTHEAST CORNER.OF SAID FRACTION:IBCE RUN. ALONG TIES SOUTH LINE • OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST OUARTER OF TIM NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31-NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER_OF THE WEST HALF OF THE NORTHWEST QUAIj . •OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 31: THENCE RUN ALONG THE WEST LINE OF SAID FRACTION. NORTH 02°09'30"WEST.A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LIE OF SAID FRACTION._ROS 82°57'44" EAST. A DISTANCE OF 165.20 FEET: THENCE NORTH 02°13'33" WEST. A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF nig WEST HALF OF THE SOUTHWEST QU 'TER OF Tus SOUTHEAST QUARTER OF THE NORTHWEST MATER OF SAID SECTION 31: THENCE AUN ALONG TH5 CUTE ,LINE Oji SAID)RACTION. NORTH 89°57'44" WEST.A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION: TYBNCE RUN ALONG THE VEST JANE OF SAID FRACTJQN. NORTH 02°12'20" WEST. A DISTANCE OF 607.94 FEET; THENCE SOUTH 89°5677" EAST. A DISTANCE OF 164.98 FEET: THENCE NORTH 02°13'33" WEST.A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THE BAST HALF OF THE WEST HALF OF THE SOUTHWEST OUARTER O Tl SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SF(11ON 31; THENCE RUN ALONG ME NORTH LINE OF SAID FRACTION AND THE NORM LINE OF TEE AFOREM$NTIONED EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF TIM NORTHWEST O ARTER. SOUTH 89°56'27"EAST.A DISTANCE OF 496.20 FEET TO THE SOUTHWEST CORNER. OF MB AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHEAST OUARTER OF TH$ NORTIMPST OUARTER OF SECTION 3L THENCE RUN ALONG THE WEST SINE OF SAID FRACTION. NQRTH 02°10'14" WEST. A DISTANCE OF 661.59 FEET TO THII NORTHWEST CORNER OF SAID FRACTION: THENCE RUN ALONG THE NORTHJ.JNE QF SAID FRACTION AND THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES.PHASE 2 SUBDIVISION. SOUTH 89°56'17"EAST:A DISTANCE OF 660.48 FEET TO THE POINT QF EEOINNINO. . r CONTAINING 31.39 ACRES.MORE Og LESS. Total parcel contains 2244-2245 acres,more or less. • • nein � of at3 H i or ra~rein NoWIllifur.rantarwmas era am•110•••••wo• _ • 4 I I I-- t II 1. . . --;:411, 11 1 4 1 i _ r 2 I 1511 ._, ..,, -:.:.,.-i -,7 ,.. .- „- ,-.:' ••• -fl I I 111111 i 1 11 . ‘..,...47-_-..-- ----.--,- ' ' __:. ....„__-_-_,.....47,-: I I •• , ..........-_•.__ ,...... - c cl i .1 ••••,....s. gm _ -..•44'f. Is I li \ilk _,..:7.,....; / ,I,* 1 1 1 I 1.. ' -7I 1.1( 1 1 . .,. . ocamlrilr ., la a, ,pd:A —.7 ; I 11r6.......L.-.10kNa._,--, . eral.,*,,,-- III III 1 - -! - A.-......1.0-,1:- -II l'i:3:17.41N•digrilp---- --fg, lit 11 i ' P • Ir' -4 :"*.W‘KAI4 5 i 11 IIIH ill ' •„....-(14 •:.itY.:- :%:-...;.:-1.-.*---- . I - ' .._ ._.,„,....„.._ . ... 1 ........._...... e I IIG0'' :jr,,OE. 71 in Airi t: It • • 8 I i IA , A 4.,,. . - -", ,., Lim ' it oz..;,.. Ai .1 ', # 3- 1 ...., 1‘ ... _..f.t , ir 1 11111111 4. 1111 I ElltD 41 2 2 1 11110 I i I 1 IMP 1 1 Q.\ ;'.."--,A4n....1 . . . . . 11.13i 1 i al I i I i s ., 1 1 ir i . 71 e 0 00 00101 . I a.. 3 a .. ,T. . . ... _, " . r0.1, ,---:J.-=,-,:Y., • ,_,-iitritu i 0 ,(,,,i, t ( Llip ---. A.....r ' AL 7 1 ri . 1 ,...- I --iarat:1011110-k t.-_,..,_ ___.--,,, ...,,/: tr....,,, a-----,,..-_,....-__-_,:,‘.. , r % I WIL •-s' I/'Oi' :. "j- y $4. " i ei 1 K -t*•-a, _-a ,a."--,•1)",.„.• ,--- --,-- .'-',::40kiiiko,-if:7Ar i 41b. Met 41/ . $ ,... , •i-r-''''t . ,103 4:: r _ -46._ leal 4 1\:.,4 /r0.;-• .." .. 1111111111111 1 1 1.. ... . • . . ,it,e . .....7,.,:.; ••;'.( 0 •-i T.' innrrinn . if 7 ii il innr---1 ri,---- pap , of 1 i Exhibit C AshtonHeidi From: DANIEL TRESCOTT[trescott©embargmail.com] Sent: Wednesday, June 01, 2016 5:09 PM To: AshtonHeidi Subject: Re: Revised Comments on Pelican Marsh NOPC I was originally looking for a revised NOPC but they did not submit one. They submitted a revised PUD instead of the NOPC form which I accepted since it provided the info needed to address the revision. Daniel L. Trescott, MSP Trescott Planning Solutions, LLC 421 Norwood Court Fort Myers, Florida 33919 (239) 850-7163 Cell (239) 433-4067 Office (239) 433-0105 Fax trescott@embarqmail.com From: "AshtonHeidi" <HeidiAshton@colliergov.net> To: "DANIEL TRESCOTT" <trescott@embargmail.com>, "GundlachNancy" <NancyGundlach@colliergov.net> Cc: "LenbergerSteve" <SteveLenberger@colliergov.net>, "barryernst" <barryernst@wcicommunities.com>, "tmanning" <tmanning@sfwmd.gov>, "warnold" <warnold@gradyminor.com>, "BellowsRay" <RayBellows@colliergov.net>, "BosiMichael" <MichaelBosi@colliergov.net>, "Sharon Umpenhour" <SUmpenhour@gradyminor.corn>, "Margaret Wuerstle" <mwuerstle@swfrpc.org> Sent: Wednesday, June 1, 2016 5:03:31 PM Subject: RE: Revised Comments on Pelican Marsh NOPC Dan, Why do you refer to a revised NOPC? I have been asking for one and have not seen it yet. Thank you! 1f%, •A,rktrc-GA4 Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: DANIEL TRESCOTT[mailto:trescott@embargmail.com] Sent: Wednesday, June 01, 2016 5:00 PM To: GundlachNancy Cc: LenbergerSteve; barryernst; tmanning; warnold; BellowsRay; BosiMichael; AshtonHeidi; Sharon Umpenhour; 1 Page of___ leGrady Minor PL 2014 OU 0 2 313 9 REV 4 Civil Engineers • Land Surveyors • Planners • Landscape Architects March 29,2016 Ms. Nancy Gundlach Principal Planner Collier County Growth Management Division/Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing P120140002211 Pelican Marsh Planned Unit Development (PUD) and PL20140002309 Pelican Marsh Development of Regional Impact(DRI)Notice of Proposed Change(NOPC) Dear Ms.Gundlach: Attached, please find copies of a the updated Collier County applications for Public Hearing for a PUD Amendment and DRI NOPC for properties located adjacent to the eastern most boundary of Pelican Marsh DRI/PUD Just north of Vanderbilt Beach Road to the east of Livingston Road. This PUD amendment and DRI NOPC proposes to add approximately 43± acres from the A, Agricultural Zoning District to the Pelican Marsh Mixed Use Planned Development Zoning District. The change is necessary in order to develop residential land uses on the Identified property to allow a maximum of 66 residential dwelling units on the additional 43t acres. The amendment does not propose to add dwelling units to the existing DRI/PUD but rather redistribute approved dwelling units under the control of the applicant. Approximately 32 acres of the lands added will be designated "R1", Residential on the Master Plan with corresponding development regulations inserted in the PUD documents. The balance of the additional acreage will be designated "R", Reserve on the Master Plan and will be placed in Collier County conservation easements. Only single-family residential dwellings will be permitted in the newly proposed"R1"area. Please feel free to contact me should you have any questions. Sincerely, D.Wayne Arnold,AICP c: Barry Ernst Richard D.Yovanovich Page of GradyMinor File 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 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 APPLICATION FOR PUBLIC HEARING FOR(check one): Chapter 3 D.1 of the Administrative Code F.S. §380.06 and 380.0651 1 DRI Application for Development Approval (DRI) DRI Notice of Proposed Change (DOA) Other DRI Development Order Amendment (DOA) PROJECT NUMBER To be completed by staff PROJECT NAME REV 4 DATE PROCESSED APPLICANT CONTACT INFORMATION , Applicant(s): Barry Ernst Firm: WCI Communities LLC Address: 24301 Walden Center Drive air Bonita Springs State: FL ZIP: 34134 Telephone: 239.947.2600 Cell: Fax: 239.498.8617 E-Mail Address: barryernst@wcicommunities.com Agent(s): D. Wayne Arnold / Richard D. Yovanovich Firm: Q. Grady Minor and Associates, P.A. / Coleman, Yovanovich & Koester, P.A. Address: 3800 Via Del Rey city: Bonita Springs state: FL Zip: 34134 Telephone: 239.947.1144 Cell: Fax: 239.947.0375 E-Mall Address: warnold@gradyminor.com / ryovanovich@cyklawfirm.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑Yes ❑D No Please provide the following information on separate sheets and attach to the application: 0 1. If applicant is a land trust,so indicate and name beneficiaries. 0 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. 6/3/2014 Page of Page 1 of 5 County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX(239)252-6358 ❑ 4. If applicant if an owner,Indicate exactly as recorded,and list all other owners,If any. 0 5. If applicant if a lessee,attach copy of lease,and indicate actual owners if not indicated on the lease. [Q 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. PROPERTY INFORMATION ] Provide a detailed legal description of the property covered by the application, if space Is inadequate,attach on separate page: • If the request involves changes to more than one zoning district,the applicant shall include a separate legal description for property involved In each district; • The applicant shall submit 4 copies of a recent survey(completed within the last six months, maximum 1" to 400'scale),if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. o01W4 0007,Oo2a170D000,`4"1"°°°' m a .ro'av3'°°°2 Property I.D.Number: 01Section/Township/Range:31 _/48 f26 Subdivision: Lot: Block: Metes&Bounds Description: Plat Book: Page 1: Size of Property: ft.X ft.= Total Sq.Ft. Acres: 43+/- Address/General Location of Subject Property: Northeast quadrant of Livingston Road and Vanderbilt Beach Road If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate,attach on separate page) Property I.D.Numper: Section/Township/Range: / / Subdivision: Lot: Block: Metes&Bounds Description:_ Plat Book: Page 8: BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. d 6/3/2014 Page of_ Page 2 of S Co et. County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX(239)252-6358 DETAIL OF REQUEST 1. Does the proposed action comply with the Collier County Growth Management Plan? ©Yes ❑No If no,provide a written explanation on a separate sheet,attached to the application. 2. Has a public hearing been held on this property within the last year? ❑Yes [•No if yes, please provide a written explanation of the hearing on a separate sheet, attached to the application. 3. If this is a NOPC application,has any portion of the DRi been: Q SOLD and/or © DEVELOPED? If yes,please provide a written explanation on a separate sheet,attached to the application. 4. On a separate sheet attached to the application,please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number,hearing dates and a summary of the approved action. Chapter 3 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. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer 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. 6/3/2014 Pa-- of- Page 3 of 5 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; ❑ DRI Application for Development Approval(DRI) 0 DRI Notice of Proposed Change(DOA) ❑ Other DRI Development Order Amendment(DOA) Chapter 3 D.1 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittals 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) 0 0 0 Project Narrative 3 0 Pre-application meeting notes 0 Completed Addressing checklist(no older than 6 months) 2 Site Development Plan,24"x 36"copy, 814°x 11"copy,and one jpg copy(from DRI ❑ ❑ ❑ Development Order) An 8 in.x 11 in.graphic location map of the site DRI Development Order Master Plan Legal Description 2 List identifying Owner&all parties of corporation 2 Survey signed&sealed 4 Affidavit of ljythorization,signed¬arized 2 Environmental Data Requirements,pursuant to LDC section 3.08.00 3 Listed Species Survey;less than 12 months old. Include copies of previous surveys 2 0 0 Current aerial photographs(available from Property Appraiser)with project boundary 5 ❑ ❑ and,if vegetated,FLUCFCS Codes with legend included on aerial. Traffic Impact Study(T15)or waiver 5 Completed State NOPC Form with all attachments(if amendment) Completed State ADA Form with all attachments(If original DRI) Draft DRI Development Order to address proposed change Copies of Notices sent to DEO and RPC 2 0 0 Electronic copy of all documents and plans 1 ❑ ❑ School Impact Analysis Application-residential projects only 2 ❑ ❑ (download the School Impact Analysis Application from website) *If located in Immokalee or seeking affordable housing,Indude an additional set of each submittal requirement SCHOOL CONCURRENCY - If the proposed project Includes a residential component,you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. 6/3/2014page of Page 4 of 5 Coen 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: Addressing:Annis Moxam Environmental Review:See Pre-Application Meeting ❑ ❑ Sign-In Sheet ❑ Bayshore/Gateway Triangle Redevelopment:Executive r--1 Graphics:Mariam Ocheltree Director ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application Meeting ❑ Immokalee Water/Sewer District: Sign-In Sheet ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko 0 School District(Residential Components):Amy Heartlock ❑ Emergency Management:Dan Summers;and/or 0 Transportation Pathways:Stacey Revay EMS:Artie Bay ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris Vanlengen FEE REQUIREMENTS All checks payable to:Board of County Commissioners fl Pre-Application Meeting:$500.00(Applications submitted 9 months after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting shall be required) ❑ DRI Review(In addition to cost of rezone):$10,000.00 plus$25.00 per acre(or fraction thereof) o Additional fee for 5th and subsequent reviews:20%of original fee O DRI/DO Amendment: $6,000.00 plus $25.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than 5 years. o Additional fee for 5`h and subsequent reviews:20%of original fee o Amendments deemed to be minor in nature, that Is requiring minor strike thru and underline text amendments of no more than 10 different lines of text changes in the DRI,will be capped at$13,000.00. o Any amendment which includes a map and text change will assessed the full fee(no cap) Cl DRI Extension:$100.00 U DRI Comprehensive Plan Consistency Review:$2,250.00 o Estimated Legal Advertising Fee: o CCPC:$925.00 o BCC:$500.00 ❑ Listed or Protected Species Review:$1,000.00 El Property Owner Notifications: $1.50 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from the Zoning Services Department) ❑ Transportation Fees,if required: o Methodology Review:$500.00 o Minor Study Review:$750.00 o Major Study Review:$1,500.00 CI School Concurrency Fee,if required:[reserved) o Mitigation Fees,if applicable,are to be determined by the School District in coordination with the County 6/3/2014Page 5 of 5 Page,!of Pelican Marsh DRI Project Narrative PL. 2014 uu U 2 3 U REV 4. On a separate sheet attached to the application, please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number,hearing dates and a summary of the approved action. The proposed change to the Pelican Marsh DRI adds 43* acres to the DRI without increasing the previously approved maximum number of dwelling units or commercial square footage. The additional lands will be designated for residential development and reserve on the DRI Map H and conceptual PUD Master Plan. The change will increase previously designated reserve (open space) lands by approximately 11.81 acres. These lands proposed to be impacted were not designated for protection of endangered plant or animal species. There is no decrease in open space;therefore,it can be deemed to not be a substantial deviation under Chapter 380.06 Florida Statutes. The lands proposed for addition to the DRI for residential development are presumed to be a substantial deviation under Chapter 380.06 paragraph (19)(e)3 unless the presumption is rebutted by clear and convincing evidence. The applicant has offered appropriate documentation as part of the NOPC application, which demonstrates there are no additional regional Impacts associated with the addition of the 43± acres for residential development and open space as no additional dwelling units are proposed, no new or additional traffic is generated for the project. One new access point to the newly added property is proposed on Livingston Road in a location meeting Collier County access management standards. The lands are not inhabited by endangered species, the lands have no known archeological significance. On December 17, 2002 the fourth NOPC to the DRI was approved (DO 02.04, Resolution 02-507)which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet. The overall allocation of 295,800 square feet of office commercial was not increased. • The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area (GFA)of retail space,250,000 gross square feet of general office space,100,000 gross square feet of medical office space, 280 hotel rooms, 5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open Page 1 of 3 Page of_,,,_ Pelican Marsh DRI Project Narrative space/buffers. • On September 26, 1995, the Collier County Commission approved Development Order 95-5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of approximately 9 acres of land from each landowner to the other, with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and GoodletteFrank Road on the east. • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5, 100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres,an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20-acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space mitigation requirement. • The second NOPC approved in earlier 1999 (DO 99-2) included the following • (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of(GFA); o hotel rooms were increased by 50 for a total of 450 rooms;and o 25,000 square feet decreased medical office. • The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf, resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; Page 2 of 3 Page of Pelican Marsh DRI Project Narrative o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet(GFA); o increase office uses by 120,800 square feet (GFA) to a total of 295,800 square feet(GFA);and o increase the conservation area by 30 acres. Pace /f.3 Of Page 3 of 3 Pelican Marsh DRI Detail of Request 3. If this is a NOPC application,has any portion of the DRI been: X SOLD and/or X DEVELOPED? If yes,please provide a written explanation on a separate sheet,attached to the application. The Pelican Marsh DRI has been developed with over 3,200 residential dwelling units,a variety of commercial and hotel uses, and golf course. The DRI has been platted and individual lots have been sold to separate entitles. The proposed addition of 43*acres does not propose any changes to the existing sold or developed lands within the DRI. The additional land will be utilized for residential development and reserve(preserve);however, no additional units are proposed to be added to the 4,800 units previously approved in the DRI/PUD. Page ! of Ztl PL 2014JU J 3I REV 4 Pelican Marsh Community DRI Amendment to Development order 95-1.as amended(Resolution Number 95-71,as amended) Paragraph 4 of the Findings of Fact Section of the Development Order 95-I, as amended(Resolution 95- 71,as amended),for the Pelican Marsh Community DRI. is hereby amended as follows: *** *** *** *** *** Text break *** *** *** *** *** 4. The 'applicant proposes the development of the Pelican Marsh Community consisting of 2211.62256.8t acres,as depicted in the Master Plan. Map"1-13".attached as Exhibit"D". Pelican Marsh includes 80 acres of"activity center'use,which will contain the following land uses: up to 381,100 square feet of gross floor area(GFA)of retail commercial use; up to 295.800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses: and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 340:4370.1 acres of conservation area.(some of which is within an FP&L easement); 114.2 acres of open space;and a 20 acre school site. **I *** *** *** *** Text break *** *** *** *** *** • Exhibit 'A' and 'D' of the Development Order 95-I, as amended (Resolution Number 95-71. as amended), for the Pelican Marsh Community DRI. is hereby amended and attached hereto: • Pi 2014 U23 u4 R t • • Page of N'urds underlined are additions:words,wuh ur'deletions Pelican Mirth DRI Lust Revised 03109 2016 Page I of EXHIBIT A LEGAL DESCRIPTION PELICAN MARSH, being approximately 2211 2256.8 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Cotlier County,Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west V,corner of said Section 27; theiice continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly tight-of-way line `of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County,Florida; thence along said westerly right-of-way line in the following four(4)described courses; '1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18"and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight(8) described courses: 1) South 89 50'58" West 88.21 feet; 2) North 31 34'00" West 120.19 feet; 3) . North 05 37'10" West 956.47 feet; 4) South 74 46'39" West 379.98 feet; 5) South 12 04'43" East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; 8)* North 81 13'22" West 737.85 feet; Page _, Of thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26'28"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09"West 582.44 feet; thence North 77 59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57"and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thepce North 47 59'08"West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S.41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B"(Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. Page of • • TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 1/4 of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59"Ea8t 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 11 43 '40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'A corner Section 27,Township 48 South.,Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; thence South 00 39'15"East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; thence south 62 08'16" West 75.07 feet; Page of,_ thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58"East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14" West 120.32 feet; • thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 35'21" West 65.19 feet; thence North 15 31 '55" West 74.80 feet; thence North 00 41'41" West 115.24 feet; thence North 28 22'47"East 171.51 feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36' 14"West 54.78 feet; thence South 49 16'08" West 112.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'12" West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows: Commencing at the west%corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature; Page of 24 r thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21"West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a rac4igs of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58""and being subtended by a chord which bears North 83 58'44"West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03"West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 51 01 '05"West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27,Township 48 South, Range 25 East,Collier County,Florida, being more particularly described as follows: Commencing at the west''A corner of said Section 27; thence along said west line North 00 39' 12"West 827 .69 feet; thence leaving said tine North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53"and being subtended by a chord which bears North 12 56'04"West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; • Page thence North 56 04'43" West 35.11 feet; thence North 80 39'23"West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence'North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R.31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south %corner of said Section 35; thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524,page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02"West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Nat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'l 8"and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33'l0" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section,South 02 12'03" East 2671.63 feet to the east V$ corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; Page of„� i thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R.31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest corner of the east 1/2 of the east ''A of said Section 25; thence along the west line of the east %2 of the east '/2 of said Section 25 North 01 54'09" West 264.19 feet; thence continue along the west line of the east 1/2 of the east LA of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east'A corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35"East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N 14 of the SE 'A of the SW '/ of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel I1: S ''/2 of the NE '/,of the SW'/.of Section 31,Township 48 South, Range 26 East,Collier County, Florida. Parcel III: N %2 of the SW '/ of the NW'A of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Page„19 of 49 Parcel IV: S '/2 of the SW'A of the NW' of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VI: N %Y of the SW% of the SW 'A of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcel VII NW'/.of the SW'/,of Section 31, Township 48 South,Range 26 East,Collier County, Florida. Parcels I II III IV VI and VII contain a total of 141.61 acres,more or less. AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31.TOWNSHIP 48 SQyTIJ,RANGE 26 EAST, COLLIER COUNTY FLORIDA: BBGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SECTION 31.SAID POINT ALSO BEING ON THE WEST LINE OF TRACT"D"OF THE WILSHIRE LAKES, MIME 2 SUBDIVISION AS RECORDED IN PLAT BOOK 27. PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: 'ENCS RUN ALONCU'JE EAST LINE OF SAID FRACTION. SOUTH 0�°Q9g6" EAST, A DJSTj N,E OF 667.55 FEET TO THE SOUTHEAST CORNER OF siqui FRACTION.THENCE RUN ALONG THE5OUTH LINE OF SAID FRACTION. NORTH 896'27" WEST. QI,StANQE OF 165.40 FEET TO THE NORTHEAST CORNER OF THE WEST HALF 9F THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31: THENCE RUN ALONG THE EAST LINE OF SAID FRACTION.SOUTH 02°09'53"EAST.A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST OUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31. NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF TI1§yQRTHWEST QUARTER OF SAID SECTION 31: THENCE RUN ALONG SAIQ EAST LINE. SOUTH 02°10'14" EAST. A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION, TIJENCE RUN ALONG THE SSC UTH LINE OF/AID fRALCTION.NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE ,SOUTHWEST OUARTER OF SAID SECTION 31:THENCE RUN ALONG THE EAST LIN. OF SAID FRACTION, SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE SOUTH 89°57'44"EAST.A DISTANCE OF 135.17 FEET:THENCE SOUTH 02°10'14"EAJT, A DISTANCE OF 273.71 FEET: THENCE NORTH 89°57'36" WEST. A DISTANCE OF 135.18 FEET: THENCE SOUTH 02°10'03" EAST, A ISTANCE QF 60.04 FEET: TJ-IgNCE SOUTH 89°57'36" EAST,A DISTANCE OF 135.18 FEET:THENCE SOUTH 02°1014"EAST, A DISTANCE OF 273.71 FEET: THENCE NORTH 89°57'27" WEST, A DISTANCE OF 135.20 FEET; THENCE SOUTH 02°10'03" EAST. A DISTANCE OF 30.02 FEET Page ` of r SOUTHEAST OUARTER Of THE AFOREMENTION,EQ FRACTION: TJI$NCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND TUESOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SQUTHWFST OUARTER OF SAID SECTION 31. NORTH 89°57'27" WEST.A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SECTION 31: THENCE RUN ALONG THE WAST LINE OF SAID FRACTION. NORTH 02°09'30" WEST. A DISTANCE OF 667,45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION;THENCE RUN ALONG THE NORTH LINE QF SAID FRACTION. SOUTH 89°57'44" EAST. A DISTANCE OF 165.Z0 FEETLT ENCE NORTH 0213'33" WEST,_A DISTANCE OF 39.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION.NORTH 89°17'44"WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST, A ?ISTANCE OF 607.94 FEET;THENCE SOUTH 89°56'27"EAST.A DISTANCE OF 164.98 FEET: THENCE NORTH 02°13'33" WEST. A DISTANCE OF 30.02 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31: THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, NORTH 89°56'27" WEST. A DISTANCE OF 164.97 FEET: THENCE NORTH 02°12'20" WEST. A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREME TIONED WILSHIRE LAKES. PHASE 2 SUBDIVI,SIPN. THENCE RUN ALONG SAID BOUNDARY.SOUTH 89°56117" EAST.A DISTANCE OF 1.322.06 CONTAINING 43.22 ACRES.MORE OR LESS. Total parcel contains 2214 2256.8 acres,more or less. Page of_.... !---,---17 ii r--- 0.2._ I il11 iii 'c (11, 11 I ' ill ill _... : , -._ - - I 1 i i.g . E ti.-4 N ii s s � = _ , i ilii i I .-_...-..-.. -. �'� N � 4 Sq •1 2 IL1/4k, ' 01311 0.,.;.<1..44 :E5 5. ! iiii , _..4 .4. kmi, jrypya � -�2. .�. 'a s. ) ; i 1 I E 0 If.,,, 9 .�. �"iswwi J -iln I Al LFu4 . sj 1 s i (i G F,3/44 .044c. �• ' g JP I y s -" a. 11 *2.i g N � �� la 11 e Ilii 1 1 1 Ig/ g ulif 1 10/ �' , VI g INP .-' la � 0 00 ooeo� \ik._ 1t ...:.,.___., :;# mil LIP% cm! -\\,fft, ... ',I ill •'1 .11-Nit!) _„,.,..t1i )i ' Gfli'tiJ 1 ilk ii7=�.- 1 1 ...0...... _ .. • 4,....- .•:—....p , , f.„,., ..st:61, 4 k...'•-•'-`" . -•••:-A :. •:... :. AL aiiii ri, _ iiiiiiii rEd 4 y_ � le So L. _; —` l� , ,!r'11141,13101. 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Q .-i RX i • zto- `q' N I R !v ,,g N 88.56'38'W 495.26' u m z I a'' k P a ig i w41 w'o Aii v 'Qi '$4 I :x~ R m d m d 1 ' ,� � b 4 i � IN 68'57'44'W '+ ti na N a ;o� , 1 _1_ 165.1s_ \ g �,,„ ff„�sF v� tt <R Y —r' mc to V4 cr ,r la 1 m - -- -----_._- IriWHu�ranr ,i�oo 8 E' vi —�- Al SW vv.or stow J1 y fb' a z� 5 88'5744'E r)I 163.20' ut , S 68'57'44'E 0' R .gg 01 • 135.17' R 273 a m 1 rn N , A b to 8m 0 A 1 541 ni i`,.; IA- Alta -. t g n il n cn -Rv 1R ' '40 4 a; aN m -- m .. u M ' m m 7D ul i7 = I- g"� s c N- tI X r D I N 89'57'27'W 495.BT c r Z 0 z NN n0= N 0N ,!3,11Wo �'�z m 5 N 2 �� vrNO c li _ -I g m 'g fl. % `§. o i D m AN r"' ,, m z 4. D Page of ,41 G:\SURVEY\PROJECT SURVEY 2014\88 - WILSKRE LAKES\SURVEY\'4-88-ZONING-REV.DWG Exhibit C-1 AshtonHeidi From: Margaret Wuerstle Imwuerstle©swfrpc,orgj Sent: Tuesday, June 07,2016 10:23 AM To: AshtonHeidi Subject: RE: Pelican Marsh DRI That is correct--it does not need to go back to the my board. Margaret Wuerstie Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd,Suite#1 Fort Myers, FL 33907 239.938.1813 x222 239.281.6978(cell) 239.938.1817(fax) email: mwuerstle@swfrpc.org web:www.swfrpc.org cit PLEASE NOTE: Florida has a very broad public records law.Most written communications to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. From: AshtonHeidi [mallto:HeidiAshton@colliergov.net] Sent:Tuesday,June 07, 2016 10:16 AM To: Margaret Wuerstie Cc: Klatxkowieff; GundlachNancy Subject: Pelican Marsh DRI Thank you Margaret! Can you confirm that this project does not need to go back to the RPC Board? Thanks again! Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239)252-8400 From: Margaret Wuerstle[mailto:mwuerstle@swflpc.org] Sent: Monday,June 06, 2016 1:11 PM To: AshtonHeidi Subject: RE: 36 day Advertising notification - 7/7/16 CCPC Heidi I approve the attached. It is not the same as the document you sent me--it has been revised Margaret Wuerstle Executive Director Page_Lot 1 ��� fsr.,Q� 4?", h y 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 c www.swfrpc.org •. 1,,i — L, M 'rues'OFALS43. June 13,2016 Nancy Gundlach,AICP, Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples,FL 34104 Dear Nancy: As consultant for the SWFRPC in coordinating the DRI review process, we have reviewed the revised Pelican Marsh NOPC information to add 43.2+/-acres of land of which 11.5+/-acres will be used to increase the conservation/reserve land in the DRI. The 11.5 acres includes about 9 acres of conservation easements previously set aside for SFWMD permit mitigation of the Tiburon development within the Pelican Marsh DRI. Therefore, only about 2.0 acres of new conservation/ reserve land is being added and .6+/- acres of upland buffer. According to the revised NOPC, "approximately 32 acres of this land will be designated R1-Residential on Map H Master Development Plan and will be used to construct a maximum of 66 single family residential dwelling units". As consistent with the original NOPC application the change "will not add dwelling units to the existing DRI/PUD but rather redistribute approved dwelling units under the control of the applicant. The balance of the additional acreage will be designated "R", Reserve on the Master Plan and will be placed in Collier County conservation easements". Attached is the SWFRPC approved assessment and recommendations for the original NOPC application (see Attachment I). The primary issue of regional concern for the original and revised application remains essentially the same "wetland mitigation". As stated in the SWFRPC assessment under "Regional Resources and Facilities" "regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated off-site where higher quality non isolated wetland can be preserved". However, the revised Environmental Supplement submitted with the latest SFWMD Environmental Reserve Permit (ERP) has now indicated the wetlands impacted by the residential development are of higher quality than previously thought after SFWMD staff conducted a site visit (see Attachment II, FLUCFLS Map). This report has also included Big Cypress Fox Squirrel Habitat and Black Bear Management Plans to address these listed species possibly using the development site. Also, a possible Bald Eagle nest was found on the site. However, the "Florida Wildlife Commission (FWC) does not have a record of a documented eagle nest on the property, although not all eagle nests are documented by FWC. The biologist for the project appears to have followed recommendations for a current on-the- ground nesting season survey for eagles, and has continued to watch the nest that was inconclusive as to species". The SFWMD is still reviewing the latest ERP responses from the applicant and may have determined offsite mitigation credits to be purchases in a wetland mitigation bank. However, additional onsite wetland preservation maybe necessary. In the ERP review letter from the SFWMD of November 5,2015 the major concern is stated below. Page -- of 0,4ESrf1O h°a1 ,c 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 www.swfrpc.org 0 J r 1•'p, .t.`t �O l`ES•NEAL S43%. "the proposed project includes 100%impacts to onsite wetlands as well as secondary impacts to adjacent offsite preserve areas. The onsite wetlands are hydrologically connected to four (4) adjacent preserve/mitigation areas to the northeast,southeast,and west/northwest.These areas collectively provide a regionally significant flowway and wildlife corridor extending approximately 1 mile in length. The onsite wetlands are also hydrologically connected to the downstream preserve areas within the Pelican Marsh community west of Livingston Road, via their connection to the wetland conservation area to the west within the Touchstone at Tiburon site (11-01568-P-02) and the Livingston Road drainage system. Based on the July 24, 2015 site visit, the onsite and adjacent wetlands exhibit healthy hydrologic conditions for pine-cypress and hydric pine systems. These hydrologic conditions and the existing native vegetative community onsite provide important benefits to fish and wildlife (e.g. foraging and nesting/roosting habitat), and the majority of the onsite habitats contain desirable plant species in the appropriate stratum (approximately 70% of the wetlands contain less than 50% exotic vegetation coverage), with evidence of natural recruitment of native vegetation.The submitted habitat mapping of the site will be re-assessed in a site visit scheduled for November 6, 2015, as it appears the amount of exotic vegetation was overestimated in the submitted documents. The onsite habitats are short-hydroperiod wetlands, which are relatively rare/scarce in the landscape,and provide important foraging habitat for listed species such as wood storks(the site is within the core foraging area of two wood stork colonies).The site provides potential foraging and nesting habitat for wading birds, including the wood stork, Florida bonneted bat and Big CyRress fox squirrel,and potential foraging habitat for the red-cockaded woodpecker and Florida black bear. Monitoring reports for the adjacent permits have observed wetland-dependent species utilizing these preserve areas. In order to meet the conditions for permit issuance, please submit a revised site plan which reduces wetland impacts within the central portion of the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas, and submit a mitigation plan which adequately offsets the proposed direct and secondary wetland impacts (Sections 10.2.7, 10.2.8 and 10.2.3,Vol. I)." The applicant responded by: "Adding a buffer along the north and a preserve to the south.The buffer to the north connects to adjacent off site preserves. To the south, wetland impacts were reduced. Preserves to the east are now connected to preserves to the west. A hydrologic and wildlife connection has been provided across the northern portion of the site by providing a 40-ft wide open space area. Additionally a hydrologic and wildlife connection has been provided across the southern portion of the site by providing a 2.0+1- acre preserve in that area. This area wraps around the south portion Page of • �W.pf%t u�0 OJ % 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 a, www.swfrpc.org Cit i PLANN{MO0O j.`FS•REAL`1°J of the site and connects to the offsite preserves allowing both wildlife and surface water flow(see Attachment III,Buffer and Preserve Map).In addition,a drainage pipe connection from the offsite preserve areas southeast of the site has been added through the center of the site connecting the two'reas." In conclusion, regarding wetland impacts, the proposed overall site plan (see Attachment IV) now indicates that total wetland impacts is now 17.6+/- acres including access road wetland impacts. The applicant stated"access to the development via an access road will impact 2.26+/-acres of 624 Pine, Cypress, and Cabbage palm of high quality wetlands". The access road location has been located to reduce bifurcation of the wetland conservation it is going through. Based on this revised plan,89%of the wetland within the designated R1-Residential 32 will be impacted. While this is an improvement from 100% wetland impacts, recommendation 2 of the original SWFRPC recommendation (Attachment I) is now modified as follows. 2. include new Development Order condition that the "43.2+/- acres of land to be added to the DRI contains 17.6+1- acres of jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas". If you have any questions please let me know. 2.4...777/a ord Daniel Trescott,MSP Trescott Planning Solutions,Consultant for SWFRPC t i-age of_ ATTACHMENT 1 Agenda Item PELICAN MARSH NOTICE OF PROPOSED CHANGE Background The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area(GFA) of retail space. 250,000 gross square feet of general office space. 100,000 gross square feet of medical office space,280 hotel rooms,5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes,294 acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County(see location map attached). As of the last Development Order Pelican Marsh is approved for 80 acres of"activity center"use, which will contain the following land uses: up to 381,100 square feet of gross floor area(GFA)of retail commercial use; up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space;and a 20 acre school site. previous Changes • On September 26, 1995,the Collier County Commission approved Development Order 95- 5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of approximately 9 acres of land from each landowner to the other,with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette-Frank Rdad on the east. • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space mitigation requirement. • Approved in earlier 1999 (DO 99-2) included the following (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the rage 5 of previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50.000 square feet (adding 57,500 square feet of(GFA); o hotel rooms were increased by 50 for a total of 450 rooms;and o 25.000 square feet decreased medical office. • NOPC approved on December 14. 1999(DO 99-6)contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf.resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4.800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet(GFA) to a total of 381,000 square feet (GFA); o increase office uses by 120,800 square feet(GFA)to a total of 295,800 square feet (GFA);and o increase the conservation area by 30 acres. • On December 17. 2002 an NOPC was approved (DO 02-04, Resolution 02-507) which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet. The overall allocation of 295,800 square feet of office commercial was not,increased. Proposed Changes The proposed change is to amend the DRI Development Order as follows: (I)add 31.39 acres to the DRI and show the 31.39 acres as residential on Map H (attached) without increasing development entitlements for residential dwelling units, commercial and office uses; (2) modify Map H (attached)to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" 'area to Livingston Road; and (3) modify Development Order Paragraph 4 of the Findings oft Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. According to the applicant, the change will reduce previously designated reserve (open space) lands proposed to be impacted were not so designated for protection of endangered plant or animal species. The decrease in open space is less than 5%of the project's open space; therefore, it can be deemed to not be a substantial deviation.The applicant has offered appropriate documentation as part of the NOPC application which demonstrates there are no additional regional impacts associated with the addition of land for residential development as no additional dwelling units are proposed, no new or additional traffic is generated for the project. The lands are not inhabited by endangered species, the lands have no known archeological significance, and the small decrease of 2 acres of lands designated as reserve(open space)do not impact any threatened or endangered Page le of plant or animal species. The project as revised will continue to contain significantly more native vegetation than required by Collier County. Staff Review The Department of Economic Development (DEO) has reviewed the changes (attached) and provided comments which SWFRPC staff concurs, that the proposed addition of 31.39 acres for residential development is presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data, Collier Environmental Consultants, Inc., May 2015), the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site.The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. See comments attached from the South Florida Water Management District raising concerns regarding impacts to natural resources from proposed development of the 31.39 acres. The proposed change to Map H and Development Order Paragraph 4 (Findings of Fact) to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19Xe)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional impacts to regional natural resources. Discussions with SFWMD staff and the applicant has indicated that offsite mitigation for wetland impacts can be addressed in the Environmental Resource Permit. Environmental date provided the applicant indicates the additional land area is vegetated primary by two habitats Pine Flatwoods 14.11 acres and Pine, Cypress, Cabbage Palm 16.23 acres. The later habitat is vegetated with cypress with some scattered Slash pine. Cabbage palm and Melaleuca can also be found.The Melaleuca densities vary from as low as 25%to as high as 80%. This habitat is the largest on site and would be considered Jurisdictional Wetlands. The Pine Flatwoods habitat is the second largest habitat and is located toward the north of the project site. The area is vegetated with a Slash pines canopy and a palmetto understory. The area does have a variety of exotics.The main exotics present are Brazilian pepper,Ear-leaf Acacia and Java Plum. This habitat does have some meandering trails throughout.The area would be considered upland. The parcel has been impacted with the presences of exotic plants.The parcel is also located in the urban area and is surrounded by development. These limitations hinder the parcel as suitable habitat for vertebrates.This project as designed has minimal effect on water management,fish and wildlife,surrounding land use and native vegetation. Collier County development review is working with the applicant on the following issues. • Page 7 of • • Road connection spacing onto Livingston Road for access to the 32 acres of residential development. • The County Land Development Code (LDC) section 3.05.07 A.5 requires preserves to be interconnected within the she and to adjoining off-site preservation areas or wildlife corridors.The proposal to split an existing preserve will make the preserve less conforming and therefore will require a request for deviation from the LDC provision. • In order to protect the existing residential homes from automobile headlights,please provide a Type B Landscape Buffer in the following locations: -along the south side of the access road located within the preserve/reserve area. -along the eastern and northernmost boundary of the proposed development that abuts the developed area of Wilshire(homes and road). Please see attached sketch. DEO recommended the applicant coordinate with the Southwest Florida Regional Planning Council,South Florida Water Management District,and Collier County to address their objections. If additional information is provided to adequately address the objections,DEO will reconsider its position. Character.Magnitude. Location The proposed changes will not affect the character or magnitude of the project because no additional units are proposed with only a 2 acres reduction in conservation area from 360.4 to 358.4 acres. The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities No additional regional facilities impacts will result from the change since not addition units not previously reviewed are proposed. Regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated offsite where higher quality non isolated wetland can be preserved. Multi jurisdictional issues There are no multi jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DR1 Based on staff review we have concluded that the NOPC has not yet provided sufficient evidence to rebut the presumptions of a substantial deviation as indicated in the DEO letter. However, discussions with the SFWMD,Collier County, DEO and the applicant that are working to address all the issues of concern, we believe the presumptions of a substantial deviation can and will be rebutted.Therefore,there will be no need to reassess the regional impacts of the entire project only the wetland impact caused by the changes. Page 9 of Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. However, a condition to address offsite wetland mitigation impacts must be included in the amendment as follows. • The 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. RECOMMENDED ACTIONS: I. Notify Collier County and the applicant that the proposed changes will not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council as long as offsite wetland mitigation is addressed. 2. Include new Development Order condition that the 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. 3. The applicant must address the Collier County Land Development Code deviation or splitting the preserve for road access, space connection onto Livingston Road and lighting and buffer from adjacent residential development. 4. Request Collier County provide a copy of the proposed DO amendment to the Council to assure • that it is consistent with the NOPC. 5. Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. • Page _/of-2_' • ATTACHMENT I l * .- SARASOTA • -, MOW . Luz i !l Oa1�C/AIa r'I i • ''. C CHARLOTTE GLADES r y i GULF OF MEXICOLEE HENDRY `i • 1 G t PELICAN MARSH COLLIER ,... or.1016., ic , v. _, ,r ,,,z,, ...,,, , .J o 3 6 12 NUS • Page f(` of GundlachNancy From: DANIEL TRESCOTT<trescott©embargmail.com> Sent: Friday, September 18, 2015 12:03 PM To: GundlachNancy; Barry; Wayne Arnold; Sharon Umpenhour, scott rogers Cc: Margaret Wuerstle Subject: Pelican Marsh SWFRPC Agenda Item approval Attachments: Pelican Marsh NOPC Agenda Item Sept 2015.pdf Good Morning: On September 17,2015 the SWFRPC unanimously voted to approve the attached Pelican Marsh NOPC agenda item with staff recommendations.If you have any questions let me know. Sincerely, Daniel L.Trescott,MSP Trescott Planning Solutions, LLC 421 Norwood Court Fort Myers, Florida 33919 (239)850-7163 Cell (239)433-4067 Office (239)433-0105 Fax trescott@embarqmail.com 1 Attachment B Agenda Item PELICAN MARSH NOTICE OF PROPOSED CHANGE Background The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square feet of general office space, 100,000 gross square feet of medical office space,280 hotel rooms,5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes,294 acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County(see location map attached). As of the last Development Order Pelican Marsh is approved for 80 acres of"activity center"use, which will contain the following land uses:up to 381,100 square feet of gross floor area(GFA)of retail commercial use; up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. Previous Changes • On September 26, 1995,the Collier County Commission approved Development Order 95- 1 5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of approximately 9 acres of land from each landowner to the other,with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette-Frank Road on the east. • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or .x other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space mitigation requirement. • Approved in earlier 1999 (DO 99-2) included the following (WCI Communities Limited Partnership)minor revisions to the Pelican Marsh Master Plan to reflected changes in the 1 previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of(GFA); o hotel rooms were increased by 50 for a total of 450 rooms; and o 25,000 square feet decreased medical office. • NOPC approved on December 14, 1999(DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf,resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet(GFA)to a total of 381,000 square feet (GFA); o increase office uses by 120,800 square feet(GFA)to a total of 295,800 square feet (GFA); and o increase the conservation area by 30 acres. • On December 17, 2002 an NOPC was approved (DO 02-04, Resolution 02-507) which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet. The overall allocation of 295,800 square feet of office commercial was not increased. Proposed Changes The proposed change is to amend the DRI Development Order as follows: (1)add 31.39 acres to the DRI and show the 31.39 acres as residential on Map H (attached) without increasing development entitlements for residential dwelling units, commercial and office uses; (2) modify Map H(attached) to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" area to Livingston Road; and (3) modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. According to the applicant, the change will reduce previously designated reserve (open space) lands proposed to be impacted were not so designated for protection of endangered plant or animal species. The decrease in open space is less than 5%of the project's open space; therefore, it can be deemed to not be a substantial deviation. The applicant has offered appropriate documentation as part of the NOPC application which demonstrates there are no additional regional impacts associated with the addition of land for residential development as no additional dwelling units are proposed,no new or additional traffic is generated for the project. The lands are not inhabited by endangered species, the lands have no known archeological significance, and the small decrease of 2 acres of lands designated as reserve(open space)do not impact any threatened or endangered 1 plant or animal species. The project as revised will continue to contain significantly more native vegetation than required by Collier County. 1 1. Staff Review ' The Department of Economic Development (DEO) has reviewed the changes (attached) and provided comments which SWFRPC staff concurs, that the proposed addition of 31.39 acres for I residential development is presumed to create a substantial deviation pursuant to Section # 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for i residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data, Collier Environmental Consultants, Inc., May 2015), the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site.The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. See comments attached from the South Florida Water Management t District raising concerns regarding impacts to natural resources from proposed development of the 31.39 acres. The proposed change to Map H and Development Order Paragraph 4 (Findings of Fact) to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional impacts to regional natural resources. Discussions with SFWMD staff and the applicant has indicated that offsite mitigation for wetland impacts can a be addressed in the Environmental Resource Permit. I Environmental date provided the applicant indicates the additional land area is vegetated primary by two habitats Pine Flatwoods 14.11 acres and Pine, Cypress, Cabbage Palm 16.23 acres. The later habitat is vegetated with cypress with some scattered Slash pine. Cabbage palm and Melaleuca can also be found. The Melaleuca densities vary from as low as 25%to as high as 80%. This habitat is the largest on site and would be considered Jurisdictional Wetlands. The Pine Flatwoods habitat is the second largest habitat and is located toward the north of the project site. E The area is vegetated with a Slash pines canopy and a palmetto understory. The area does have a variety of exotics. The main exotics present are Brazilian pepper, Ear-leaf Acacia and Java Plum. This habitat does have some meandering trails throughout. The area would be considered upland. The parcel has been impacted with the presences of exotic plants. The parcel is also located in the urban area and is surrounded by development. These limitations hinder the parcel as suitable habitat for vertebrates.This project as designed has minimal effect on water management,fish and wildlife, surrounding land use and native vegetation. i Collier County development review is working with the applicant on the following issues. 1 i i i • • Road connection spacing onto Livingston Road for access to the 32 acres of residential development. • The County Land Development Code (LDC) section 3.05.07 A.5 requires preserves to he interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.The proposal to split an existing preserve will make the preserve less conforming and therefore will require a request for deviation from the LDC provision. • In order to protect the existing residential homes from automobile headlights,please provide a Type B Landscape Buffer in the following locations: - along the south side of the access road located within the preserve/reserve area. -along the eastern and northernmost boundary of the proposed development that abuts the developed area of Wilshire(homes and road). Please see attached sketch. DEO recommended the applicant coordinate with the Southwest Florida Regional Planning Council,South Florida Water Management District,and Collier County to address their objections. If additional information is provided to adequately address the objections,DEO will reconsider its position. Character, Magnitude,Location The proposed changes will not affect the character or magnitude of the project because no additional units are proposed with only a 2 acres reduction in conservation area from 360.4 to 358.4 acres. The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities No additional regional facilities impacts will result from the change since not addition units not previously reviewed are proposed. Regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated offsite where higher quality non isolated wetland can be preserved. Multi jurisdictional Issues There are no multi jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DRI Based on staff review we have concluded that the NOPC has not yet provided sufficient evidence to rebut the presumptions of a substantial deviation as indicated in the DEO letter. However, discussions with the SFWMD, Collier County,DEO and the applicant that are working to address all the issues of concern, we believe the presumptions of a substantial deviation can and will be rebutted. Therefore,there will be no need to reassess the regional impacts of the entire project only the wetland impact caused by the changes. 1 Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. However, a condition to address offsite wetland mitigation impacts must be included in the amendment as follows. • The 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. RECOMMENDED ACTIONS: 1. Notify Collier County and the applicant that the proposed changes will not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council as long as offsite wetland mitigation is addressed. 2. Include new Development Order condition that the 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the i SFWMD. 3. The applicant must address the Collier County Land Development Code deviation or splitting the preserve for road access, space connection onto Livingston Road and lighting and buffer from adjacent residential development. 4. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 5. Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. ,1 ' ATTACHMENTF, SARASOTA loparIFI RODItZ +� C C HARLOTTE GLAD ES I I- t t GULF •• MEXICO LSE HENDRY 0 V . PELICAN MARSH COLLIER Jr-% 4 3 12 14115 ' ..w.wwe - .+w+rxa-•ww..r+-lane�•.ro�pr,rm+e»� 1 till '2 --, i _ ra— . ii I! . - Ill l'Iti 1 '15 1 i: il III fli II 1r 11 t Z _ < < OAi1W!*Tr — C rall i 1 1 0,4 1,. ii.. p_.p,—.-. -pi--,7... - -. 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' Q i innnnnnnnnnnn r i r�,\-_ Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT I ECONOMIC OPPORTUNITY Received • July 24, 2015 JUL 3 1 2015 SWFRPC Mr. Michael Bosi, Director,Zoning Division Collier County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: NOPC for Pelican Marsh DRI; File No.ADA-09-1994-007 Dear Mr. Bosi: The Department of Economic Opportunity received a Notification of Proposed Change (NOPC)to the Pelican Marsh Development of Regional Impact(DRI) on June 16, 2015,from Mr. D. Wayne Arnold, authorized representative of WCI Communities LLC. The applicant proposes to amend the DRI Development Order as follows: (1) add 31.39 acres to the DRI and show the 31.39 acres as residential on Map H without increasing development entitlements for residential dwelling units, commercial and office uses; (2) modify Map H to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" area to Livingston Road; and (3)modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. (NOPC Item 1): The proposed addition of 31.39 acres for residential development is presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data,Collier Environmental Consultants, Inc., May 2015),the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site. The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. Please see the enclosed comments from the South Florida Water Management District raising concerns regarding impacts to natural resources from proposed Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 ; 850.245.7105 'I 850.921.3223 Fax www.floridajakLoggI www.twitter cowl D J www.facebook.com/FLDEO Mr. Michael Bosi July 24,2015 Page 2 of 2 development of the 31.39 acres. Therefore,the Department objects to the proposed change (NOPC Item 1). (NOPC Items 2 and 3): The proposed change to Map H and Development Order Paragraph 4 (Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional impacts to regional natural resources. Therefore,the Department objects to the proposed change (NOPC Items 2 and 3). The Department recommends the applicant coordinate with the Southwest Florida Regional Planning Council,South Florida Water Management District, and Collier County to address the objections. If additional information is provided to adequately address the objections,the Department will reconsider its position. If you have any questions relating to this review, please contact Scott Rogers, Planning Analyst, at(850)717-8510,or by email at scott.rage rs@deo.myflorid a.com. ( Sincerely, Ana Richmond, Chief Bureau of Community Planning AR/sr Enclosures: SFWMD comments Collier County comments cc: D. Wayne Arnold, Q.Grady Minor and Associates, P.A. Margaret Wuerstle, Executive Director,Southwest Florida Regional Planning Council ( • CiO1Y Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach,A1CP,RLA,Principal Planner Zoning Division,Zoning Services Section From: Sue Faulkner,Principal Planner Zoning Division,Comprehensive Planning Section Date: June 29,2015 Subject: Future Land Use Element Consistency Review PETITION NUMBER: DOA-PL20140002309 PETITION NAME: Pelican Marsh Development of Regional Impact(DRI) REQUEST: The petitioner is requesting to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order(DO)##95-I, as amended,to add 32 acres for a total of+2,245 acres. The petitioner is also requesting that the Pelican Marsh DRi be amended to reduce the designated reserve lands(located to the east of Livingston Road)by ±2 acres. As part of this request, the petitioner is proposing to amend Exhibit A—Legal Description and Exhibit D (Map H3) to show the additional acreage and an additional access point on Livingston Road. The petition is proposing that a maximum of 75 single family dwelling units could be constructed on this additional property, but that the total of 4,800 dwelling units previously approved for the Pelican Marsh DRI will remain unchanged. LOCATION: The subject property is located in the northeast quadrant of the intersection of Livingston Road and Vanderbilt Beach Road in Section 31,Township 48 South,Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is approximately±32 acres and is identified as Urban Designation,Mixed Use District,Urban Residential Subdistrict in the Future Land Use Plan(FLUE) Element of the Growth Management Plan. The existing MPUD has multiple future land use designations and is eligible for 3+DU/A. The petitioner has requested that the±32 acres of the subject site be rezoned from A,Rural Agricultural Zoning District to the Pelican Marsh Mixed Used Planned Unit Development (MPUD). This proposed MPUD zoning would allow up to a maximum of 75 residential dwelling units but without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.25 DU/A[4,800 DUs/2,133.6 acres (2,213.6 acres less 80 acres of commercial)] to the proposed 2.22 DU/A [4,800 DUs / 2,165.6 acres]. No changes are proposed to commercial uses or acreage, golf course, school site, etc. Therefore, the proposed density is consistent with Future Land Use Element(FLUE). Consistency with FLUE Policies 5.4 and 7.1—7.4 is addressed by staff in the companion PUDZ-A consistency review. CONCLUSION Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE. PETITION ON CITYVIEW 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 Page 1 of 1 } COLLIER COUNTY Growth Management Department June 30,20I5 Mr. D. Wayne Arnold, Q Grady Minor and Associates,P.A. 3800 Via Del Ray Bonita Springs,FL 34134 EMAIL-wamold@gradyminor.com; sumpenhour@gradyminor.com RE: Development Order Amendment,PL20140002309 Pelican Marsh(DOA) Review Letter# I # f Dear Mr.Arnold, The first review is now complete. Please respond to the review comments below. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all reviw comments are satisfied. The following comments shall be addressed as noted: Review: Environmental Review Reviewed By: Richard Anderson 1 Email: RichardAnderson@colliergov.net Phone#:(239)252-2483 Correction Comment 1: Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,the maximum amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within existing utility,drainage,and access easements from the preserve calculations(LDC3.05.07 B.-D.).Proposed DRI DO Amendement text(paragraph 4.) shows 358.4 acres of conservation area while the Master Plan show 358.3 acres.Please correct. Review: Transportation Planning Review Reviewed By: Michael Sawyer Email: michaelsawyer@colliergov.net Phone#:(239)252-2926 Correction Comment 1: Miscellaneous Corrections Rev.!:Please revise master plan to clearly show both existing and proposed access points east of Livingston Road making sure locations meet 660'separation standards(including access for Hamilton Greens to the north). Please also revise master plan to show residential development located consistently with existing/constructed location(s)and make sure the master plan is readable at 8.5x11 format. 3 1 Review: Zoning Review Reviewed By: Nancy Gundlach Email: nancygundiach@colliergov.net Phone#:(239)252-2484 Correction Comment 1: Miscellaneous Corrections Please revise all of the references from "Pelican Marsh MPUD"to "Pelican Marsh PUD." Review:County Attorney Review Reviewed By: Heidi Ashton Cieko Email:heidiashton@colliergov.net Phone#: (239)252-8400 Correction Comment]: Miscellaneous Corrections Is the Pelican Marsh CDD being expanded to include the 32 acres? Correction Comment 2: Miscellaneous Corrections Please send amendment text in WORD format. Correction Comment 3: Miscellaneous Corrections Please reference the attached"Request for Legal Services"document. The following comments are informational and/or map include stipulations: Stipulation: • Stormwater Planning Review's stipulation for approval: Water Management System for the additional 32 acres will connect to and discharge into the existing Pelican Marsh Water Management System. GENERAL, COMMENTS: Nancy Gundlach @(239)252-2484 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. 2. Please be advised that pursuant to the LDC,an application can be considered closed if there has been no activity on the application for a period of six(6)months. That six months period will be calculated from the date of this letter. 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. 4. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to all comments. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. 6. Please provide electronic copies of the documents and exhibits(Word or jpg,as appropriate). 7. A partial resubmittal cannot be accepted;please do not resubmit until you can respond to ALL review comments. 8. Public hearings cannot be held until a Neighborhood Information Meeting(NIM)has been held. Please contact me to arrange that meeting.As you prepare for that meeting,please be aware of the following items: a) Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC);and b) Please post signs to direct attendees to the exact meeting location;and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone;and d) Due to county staff reductions,you,as the agent,will be required to provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape;and Please prepare documents for hand out to all NIM attendees and the public hearing file,that show the differences in the uses that would be allowed in the existing and proposed zoning districts.This request is based upon recent CCPC direction. Please direct all resubmittals through the Department of Operations&Regulatory Management—Business Center,providing the appropriate number of copies after making an appointment for your resubmittal. If you have any questions,please contact me at(239) 252-2484 or by e-mail at nancygundlach@colliergov.net. Sincerely, YANit vihtdA Nancy Gundlach,AICP Principal Planner C: Barry Ernst, WCI Communities,LLC Heidi Ashton Cicko Michael Sawyer Richard Anderson ot. SOUTH FLORIDA WATER MANAGEMENT DISTRICT +-P Regulation Division July 2, 2015 Michael J. Delate, P.E. Q. Grady Minor&Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Subject: Pelican Marsh East Environmental Resource Permit Application No. 160604-14 Collier County Dear Mr. Delate: District staff has reviewed the above-referenced application. As discussed with Marco Espinar on June 12, 2015, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. I), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. The proposed project is immediately surrounded primarily by District conservation easements, and the current site plan results in impacts to 100% of the on-site wetlands, as well as impacts to an adjacent offsite conservation easement for the proposed access road. Please provide a reduction and elimination analysis pursuant to Section 10.2.1, Vol. I. It appears that design modifications can be made to reduce direct wetland impacts onsite, to reduce offsite secondary impacts, and to maintain some level of connectivity between the adjacent preserve areas. 2. With regard to the legal memorandum submitted to support the need to access the site through the adjacent conservation area, please provide the following information (Section 10.2.1. Vol. I and 62-330.301 F.A.C): a. Please provide a copy of all of the exhibits referenced in the memorandum. b. Please provide more information regarding any prior common ownership of the subject site and the adjacent permitted developments referenced in the memorandum. c. Please clarify which access points to the site were discussed with the neighboring communities. DISTRICT HEADQUARTERS: 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • (800)432-2045 Mailing Address: PO BOX 24680 West Palm Beach FL,33416-4680 LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929• (800)248-1201 OKEECHOBEE SERVICE CENTER: 3800 N.W.16°Blvd,Suite A,Okeechobee,PL 34972 •(863)462-5260 • (800)250-4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Suite 200,Orlando FL 32809 •(407)858-6100 • (800)250-4250 <.�_ "�."l.. ,�0 1 Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 i Page 2 d. Page 4 of the memorandum states that"The requisite factors for an implied grant of 1 way have been met in this case by WCI." Please clarify what steps have been taken legally to establish the Implied Grant of Way. Once this information has been provided, District staff recommends scheduling a meeting to discuss all possible alternatives for access to the site. , 3. Please schedule a site inspection with District staff to review existing field conditions, 1 methods used to establish the control elevation, wetland limits, direct and secondary wetland impacts, and to discuss the functional assessment. Depending on the results of the site inspection, additional information may be necessary in accordance with Section 10.0 of Vol. I. Please contact Matt Brosious, the environmental reviewer, at(239) 338-2929 i. ext. 7713 or email at jbrosiou@sfwmd.gov to arrange a field inspection and to discuss the p roject. 1 a. The District acknowledges the submitted functional assessment However, the functional assessment will not be finalized until after the site visit and once all remaining requests for additional information comments have been addressed. 4. An application to modify the Touchstone Parcel Addition to Tiburon, Permit No. 11-01568- P-02, for the partial release of the access road from the conservation easement has not 3 been received to date. Please submit an Individual permit modification to this permit; these applications will be reviewed concurrently, and neither will be deemed complete until both are complete. I a. In order to.ensure the applicant has sufficient legal interest to conduct the work associated with the subject application, the easement (as required by previous action) must also be released by the SFWMD Governing Board. The partial release will be placed on the next available Governing Board Agenda following the approval of the project. In accordance with Section 10.0 of Vol. I, once the Governing Board takes action, we will notify you of the outcome. 1 I b. To process the partial release of conservation easement, please submit two (2) 1 original partial release of conservation easement forms (available from District staff i upon request), along with the associated sketch and legal description of the release i areas. 5. Pursuant to Section 10.2.7 of the Applicants Handbook, Vol. I, an applicant must provide reasonable assurances that a proposed project will not cause adverse secondary impacts to water resources (i.e wetlands and wildlife). Please revise the site plan, environmental 1 plans, and cross-sections per the following comments: 1, a. Cross-sections H and L in the engineering plans depict a 9' structural buffer to the I adjacent wetland areas. In order to reduce the effect of secondary impacts to , 1 ,..;r;,..._;.,c&ovia 1 Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 3 wetland functions as a result of construction activities, a minimum 15' and average 25' upland buffer is required. If the minimum buffer is not provided, secondary impacts will be assessed to adjacent wetlands where the proposed construction activities are adjacent to wetlands.;Please quantify and provide mitigation for the secondary impacts that will result from the proposed project design. Also, please depict native plantings on the back slope of the berm and conservation area signs on cross-sections H and L. Please include a native planting table on the plans. 6. The environmental supplement stated that no secondary impacts are anticipated with the construction of the access road through existing wetlands under conservation easement. Please quantify and provide a functional assessment for the secondary impacts associated with the road. Secondary impacts will be assessed on both sides of the road. The extent of secondary impacts will be discussed during the site visit with District staff. a. Please provide at least one cross-section for the access road in the engineering plans. b. The access road, as proposed, isolates the wetlands south of the road, consequently secondarily impacting them. Please quantify and provide a functional assessment for the secondary impacts on the wetlands south of the road. 7. Based on the submitted information, the proposed project does not appear to meet the conditions for issuance in Section 10.2.1.2 of Volume I and Sections 62-330.301-302 F.A.C. The proposed site plan results in 100% impacts to onsite wetlands and will secondarily impact and reduce the ecological value of adjacent preserve areas. Once all of the wetland impacts have been identified and quantified, a formal mitigation plan will need to be submitted that adequately offsets the proposed impacts. A letter of reservation will be required for any offsite mitigation bank credits that are proposed. A cumulative impact assessment will be required for any mitigation proposed outside of the West Collier Basin. • Financial assurances, a conservation easement, and a mitigation, monitoring and maintenance plan, etc., will be required for any proposed offsite mitigation areas. 8. Please demonstrate that the proposed project will not result in adverse impacts to wetland- dependent and listed species. Based on the comments in the July 1, 2015 letter from Florida Fish and Wildlife Conservation Commission, please provide a Big Cypress fox squirrel and black bear management plan. Further coordination with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service will be required to ensure that all wildlife issues are adequately addressed. Please provide any comments received from the above mentioned wildlife agencies (Section 10.2.2, Vol. I). 9. Please demonstrate that the project will not adversely affect the hydrology of offsite wetlands. More specifically, the wetland preserves to the southeast of the project, between Wilshire Lakes and the project. It appears in the engineering plans that all stormwater will • • Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 4 be directed to the west through the stormwater management system (Section 10.2.7, Vol. I). 10.Please revise the "Clearing & Erosion Control Plan" to show double row silt fence along the perimeter of the site in the areas that are adjacent to off-site wetland / preserve areas. Also, please be sure to include a typical double row silt fence detail (Section 4.1.2, Vol. II) 11.Please revise the rear yard drains and culverts shown on Parcels 20 —24 on plan sheet 6 of 11 to eliminate the short circuiting of the stormwater management system. (Part V, Vol. II) 1 12.Please clarify how the stormwater runoff will be directed to the proposed dry retention areas. Also, please indicate the areas of the proposed project that will direct the runoff to the dry retention areas. (Section 5.3, Vol. II) 13.Please provide site specific data in the model to demonstrate that the dry retention portions of the system have the capability to percolate the required retention volume in a three day period. (Section 5.7.5, Vol. It) 14.Please provide consistent vertical datum information on the plans. Specifically, plan sheet 4 of 11 indicates that the vertical datum is NGVD, 1929 while the Surface Water Management Summary on plan sheet 6 of 11 and the Stormwater Management Report uses NAVD, 1988. (Part Ill, Vol. II) '15.Please revise the Land Use Summary shown on plan sheet 6 of 11 such that it provides the total roof area and total dry retention area. (Section 4.2.2, Vol. II) 16.Please clarify if the stormwater management system for the entry road will provide dry detention or retention. if a detention system will be utilized, please indicate if the treated stormwater will discharge through structure CS-1. (Parts Ill and IV, Vol. II) 17.When calculating the nutrient removal for the stormwater runoff, please calculate the 1 removal rates for the dry retention areas,separate from the wet detention areas since they appear to operate as separate systems. (Sections 5.3 and 5.4, Vol. II) 18.Pursuant to Section 2.3 of Vol. II, please provide a letter of water and wastewater availability from the pertinent supplier. If groundwater wells and septic tanks will be used, please apply for a Consumptive Use Water Use Permit and show the approximate location of the septic tanks with respect to all of the stormwater management lakes and retention areas. Water use applications are required to be submitted and processed simultaneously with ERP application. 1 19.Please demonstrate the project design will not have adverse impact to the flood plain 1 onsite and offsite (ie adjacent properties). The requested information should demonstrate b3 Vk>I r.."!1 11114_i3 14 Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 5 • that stages during the 25-year, 3-day and 100-year, 3-day storm events at both the project site and project boundaries (upstream and downstream lands) will not stage higher than existing conditions. (Section 3.6, Vol. II) 20.Regarding the Typical Entry Road Section shown on Sheet 10 of 11, please provide the following information: • The minimum elevation for the top of bank on the north side of the road. (Section 3.5, Vol. II) • A detail of the end treatment for the proposed cross drain culverts. Based on the inverts shown on the plans and the existing topography, it appears that the end of the culverts will be sumped. (Section 3.5, Vol. II) 21.What is the proposed source for landscape irrigation water? Will temporary dewatering be required as part of the construction activities? Please contact Brad Cook, P.G. at (239) 338-2929 Ext. 7746 to determine if a Water Use Permit(s) will be required for irrigation and/or dewatering. Because of the inseparable nature of water use and surface water management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken only when both applications have been deemed complete. Advisory Comment: The following comment is advisory in nature and does not require a response to the District. A "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES-stormwater{a�dep.state.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fi.us/water/stormwater/npdes/ . Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.gov/epermittinq) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Information Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 6 1. regarding the District's comprehensive ePermitting program is enclosed. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to the Lower West Coast Regional Service Center. In accordance with section 5.5.3.5 of Vol. I and paragraph 40E-1.603(1)(d) F.A.C., if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, please contact one of the District staff members below with a request for an extension before the 90 day period ends. The District recommends contacting the assigned staff members to resolve the above questions and concerns prior to submitting a response. Kenneth Kellum, P.E., Senior Engineer at (239) 338-2929 Ext. 7793, or via email at kkellum@sfwmd.gov; and Matt Brosious, at (239) 338-2929 Ext. 7713, or via email at jbrosiou©sfwmd.gov are available to assist with questions. Sincerely, Laura P. Lay an • Section Leader South Florida Water Management District LUkwk I Enclosure cc: Paul Erhardt, WCI Communities, LLC Marco Espinar John Fumero GundlachNancy From: AshtonHeidi Sent: Tuesday, June 07, 2016 10:27 AM To: GundlachNancy Cc: Richard D. Yovanovich (ryovanovich@cyklawfirm.com); Sharon Umpenhour; Wayne Arnold Subject: FW: Pelican Marsh DRI Got it! See below /fa'4e%t0a-Ce€a Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239)252-8400 From: Margaret Wuerstle [mailto:mwuerstle@swfrpc.org] Sent: Tuesday, June 07, 2016 10:23 AM To: AshtonHeidi Subject: RE: Pelican Marsh DRI That is correct-- it does not need to go back to the my board. Margaret Wuerstle Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd,Suite#1 Fort Myers, FL 33907 239.938.1813 x222 239.281.6978(cell) 239.938.1817 (fax) email: mwuerstle@swfrpc.org web:www.swfrpc.org PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. From: AshtonHeidi [mailto:HeidiAshton ' collier•ov.net] Sent:Tuesday, June 07, 2016 10:16 AM To: Margaret Wuerstle Cc: KlatzkowJeff; GundlachNancy Subject: Pelican Marsh DRI Thank you Margaret! Can you confirm that this project does not need to go back to the RPC Board? Thanks again! gid'dekkr-eiek 1 Attachment C Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239) 252-8400 From: Margaret Wuerstle [mailto:mwuerstle©swfrpc.orq] Sent: Monday, June 06, 2016 1:11 PM To: AshtonHeidi Subject: RE: 36 day Advertising notification - 7/7/16 CCPC Heidi I approve the attached. It is not the same as the document you sent me--it has been revised Margaret Wuerstie Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd,Suite#1 Fort Myers, FL 33907 239.938.1813 x222 239.281.6978(cell) 239.938.1817(fax) email: mwuerstle@swfrpc.org web: www.swfrpc.org PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. From: AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent: Thursday, June 02, 2016 8:55 AM To: Margaret Wuerstle Cc: KlatzkowJeff; GundlachNancy Subject: FW: 36 day Advertising notification - 7/7/16 CCPC Hello Margaret, Are you in agreement with the procedure set forth below? The report that we have from the RPC on the former project proposal contains many conditions and we are not sure how to handle them. Thanks for your help! Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney (239)252-8400 From: Richard Yovanovich [mailto:ryovanovich@cvklawfirm.com] Sent: Wednesday, June 01, 2016 5:11 PM To: GundlachNancy; Wayne Arnold; Sharon Umpenhour Cc: AshtonHeidi; BosiMichael; BellowsRay; Barry Ernst; DANIEL TRESCOTT Subject: RE: 36 day Advertising notification - 7/7/16 CCPC 2 Nancy In response to the comments raised by Heidi we have the following responses: 1. Dan Trescott told Wayne Arnold the State form did not need to be updated with the RPC because the project was being updated to add preserve. The NOPC was updated with the County and Dan Trescott received a copy. 2. RPC Staff is responsible for sending the updated NOPC to the DEO if it wants the DEO to comment. 3. The DEO letter provided that their objections are to be addressed with the County, SFWMD and the RPC. The SFWMD will issue a permit after their concerns are addressed. The RPC deferred to the ERP permit issued by the SFWMD and County Staff has added any conditions it deems necessary. Attached is the DEO letter. 4. Mr. Trescott provided his comments to the County. He is not taking the revised project to the RPC Board because the changes simply add preserve area. We believe all required submittals have been provided and the item can move forward. Richard D. Yovanovich, Esq. Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 x 256 (239) 435-1218 (f) COLEMAN YOVANOVICH KOESTER ATTENTION: This email message, including all attachments, is private and may contain confidential and privileged information. If you are not the intended recipient, do not use,disclose,copy, or disseminate this information. Please notify the sender by reply e-mail and immediately delete the message. From:GundlachNancy[mailto:NancvGundlach@colliergov.net] Sent:Wednesday,June 01,2016 3:25 PM To:Wayne Arnold <WArnold@gradyminor.com>;Sharon Umpenhour<SUmpenhour(Wgradyminor.com> Cc: Richard Yovanovich<ryovanovich@cyklawfirm.com>;AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; BellowsRay<RayBellows@colliergov.net> Subject: FW: 36 day Advertising notification-7/7/16 CCPC Hi Wayne and Sharon, We have received notice that the Pelican Marsh petitions cannot proceed to their scheduled hearings at this time. Please see attached document. Regards, 3 Nancy Gundlach,AICP, PLA#1244 Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples,FL 34104 (239)252-2484 nancvgundlach@colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record,unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From:AshtonHeidi Sent:Wednesday,June 01, 2016 2:28 PM To:BeasleyRachel<RachelBeasiey@colliergov.net>;BellowsRay<RavBellows@colliergov.net>; BermanMarcus <MarcusBerman@colliergov.net>;BosiMichael<MichaelBosi@colliergov.net>;BrownAraqueSummer <SummerBrownAraque@colliergov.net>;CilekCaroline<CarolineCilek@colliergov.net>;CrotteauKathynell <KathynellCrotteau@colliergov.net>;FrantzJeremy<JeremvFrantz@colliergov.net>;GundlachNancy <NancvGundlach@colliergov.net>;JohnsonEric<EricJohnson@colliergov.net>;KellyJohn<JohnKelly@colliergov.net>;KendallMarcia <MarciaKendall@colliergov.net>;LenbergerSteve<SteveLenberger@colliergov.net>;NeetVirginia<VirginiaNeet@colliergov.net>; ReischlFred<FredReischl@colliergov.net>; RodriguezWanda<WandaRodriguez@colliergov.net>;SchmidtCorby <corbyschmidt@coiliergov.net>;SmithDaniel<DanielSmith@colliergov.net>;StoneScott<ScottStone@colliergov.net>;WeeksDavid <David Weeks@colliergov.net> Cc: Klatzkowleff<JeffKlatzkow@colliergov.net> Subject: FW:36 day Advertising notification-7/7/16 CCPC Mike and Ray, The following item is scheduled for the 7/7/16 CCPC hearing: Batch#2 GMP Amendments-the title in report manager is correct. The following items were scheduled but are not approved to go forward based on the attached list of outstanding issues: Pelican Marsh DRI Pelican March PUDA Please let me know if there are any changes. Summer/Stephen, Is EAC review required? Thanks to All I #wd Askto,f-ca.6 4 Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239)252-8400 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. 5 .Q EST t4O bpJ % 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers, FL 33907 m u www.swfrpc.org c ' S`_�QJ &4 N$ ' .° Si* ^REAL So'.• June 13, 2016 Nancy Gundlach, AICP, Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Nancy: As consultant for the SWFRPC in coordinating the DRI review process, we have reviewed the revised Pelican Marsh NOPC information to add 43.2+/-acres of land of which 11.5+/-acres will be used to increase the conservation/reserve land in the DRI. The 11.5 acres includes about 9 acres of conservation easements previously set aside for SFWMD permit mitigation of the Tiburon development within the Pelican Marsh DRI. Therefore, only about 2.0 acres of new conservation/ reserve land is being added and .6+/- acres of upland buffer. According to the revised NOPC, "approximately 32 acres of this land will be designated R1-Residential on Map H Master Development Plan and will be used to construct a maximum of 66 single family residential dwelling units", As consistent with the original NOPC application the change "will not add dwelling units to the existing DRI/PUD but rather redistribute approved dwelling units under the control of the applicant. The balance of the additional acreage will be designated "R", Reserve on the Master Plan and will be placed in Collier County conservation easements". Attached is the SWFRPC approved assessment and recommendations for the original NOPC application (see Attachment I). The primary issue of regional concern for the original and revised application remains essentially the same "wetland mitigation". As stated in the SWFRPC assessment under "Regional Resources and Facilities" "regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated off-site where higher quality non isolated wetland can be preserved". However, the revised Environmental Supplement submitted with the latest SFWMD Environmental Reserve Permit (ERP) has now indicated the wetlands impacted by the residential development are of higher quality than previously thought after SFWMD staff conducted a site visit (see Attachment II, FLUCFLS Map). This report has also included Big Cypress Fox Squirrel Habitat and Black Bear Management Plans to address these listed species possibly using the development site. Also, a possible Bald Eagle nest was found on the site. However, the "Florida Wildlife Commission (FWC) does not have a record of a documented eagle nest on the property, although not all eagle nests are documented by FWC. The biologist for the project appears to have followed recommendations for a current on-the- ground nesting season survey for eagles, and has continued to watch the nest that was inconclusive as to species". The SFWMD is still reviewing the latest ERP responses from the applicant and may have determined offsite mitigation credits to be purchases in a wetland mitigation bank. However, additional onsite wetland preservation maybe necessary. In the ERP review letter from the SFWMD of November 5, 2015 the major concern is stated below. Attachment D of ST f/0, '9 % 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers, FL 33907 c, a www.swfrpc.org '������'L ri NidlNV x`e �`fS REAL S°- "the proposed project includes 100% impacts to onsite wetlands as well as secondary impacts to adjacent offsite preserve areas. The onsite wetlands are hydrologically connected to four (4) adjacent preserve/mitigation areas to the northeast,southeast,and west/northwest.These areas collectively provide a regionally significant flowway and wildlife corridor extending approximately 1 mile in length. The onsite wetlands are also hydrologically connected to the downstream preserve areas within the Pelican Marsh community west of Livingston Road, via their connection to the wetland conservation area to the west within the Touchstone at Tiburon site (11-01568-P-02) and the Livingston Road drainage system. Based on the July 24, 2015 site visit, the onsite and adjacent wetlands exhibit healthy hydrologic conditions for pine-cypress and hydric pine systems. These hydrologic conditions and the existing native vegetative community onsite provide important benefits to fish and wildlife (e.g. foraging and nesting/roosting habitat), and the majority of the onsite habitats contain desirable plant species in the appropriate stratum (approximately 70% of the wetlands contain less than 50% exotic vegetation coverage), with evidence of natural recruitment of native vegetation. The submitted habitat mapping of the site will be re-assessed in a site visit scheduled for November 6, 2015, as it appears the amount of exotic vegetation was overestimated in the submitted documents. The onsite habitats are short-hydroperiod wetlands, which are relatively rare/scarce in the landscape, and provide important foraging habitat for listed species such as wood storks(the site is within the core foraging area of two wood stork colonies). The site provides potential foraging and nesting habitat for wading birds, including the wood stork, Florida bonneted bat and Big Cypress fox squirrel, and potential foraging habitat for the red-cockaded woodpecker and Florida black bear. Monitoring reports for the adjacent permits have observed wetland-dependent species utilizing these preserve areas. In order to meet the conditions for permit issuance, please submit a revised site plan which reduces wetland impacts within the central portion of the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas, and submit a mitigation plan which adequately offsets the proposed direct and secondary wetland impacts (Sections 10.2.7, 10.2.8 and 10.2.3, Vol. I)." The applicant responded by: "Adding a buffer along the north and a preserve to the south.The buffer to the north connects to adjacent off site preserves. To the south, wetland impacts were reduced. Preserves to the east are now connected to preserves to the west. A hydrologic and wildlife connection has been provided across the northern portion of the site by providing a 40-ft wide open space area. Additionally a hydrologic and wildlife connection has been provided across the southern portion of the site by providing a 2.0+/- acre preserve in that area. This area wraps around the south portion ,otsrp , 0J % • 1400 Colonial Blvd.,Suite 1 P:239.938,1813 I F:239.938.1817 Fort Myers,FL 33907 m ? www.swfrpc.org O y `0 4�PLAN$ 1` s`es, REAS 5°4" of the site and connects to the offsite preserves allowing both wildlife and surface water flow(see Attachment III,Buffer and Preserve Map). In addition,a drainage pipe connection from the offsite preserve areas southeast of the site has been added through the center of the site connecting the two areas." In conclusion, regarding wetland impacts, the proposed overall site plan (see Attachment IV) now indicates that total wetland impacts is now 17.6+/- acres including access road wetland impacts. The applicant stated "access to the development via an access road will impact 2.26+/-acres of 624 Pine, Cypress, and Cabbage palm of high quality wetlands". The access road location has been located to reduce bifurcation of the wetland conservation it is going through. Based on this revised plan, 89%of the wetland within the designated R1-Residential 32 will be impacted. While this is an improvement from 100% wetland impacts, recommendation 2 of the original SWFRPC recommendation (Attachment I) is now modified as follows. 2. Include new Development Order condition that the "43.2+/- acres of land to be added to the DRI contains 17.6+/- acres of jurisdictional wetlands to be impacted. Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas". If you have any questions please let me know. Clf Daniel Trescott, MSP Trescott Planning Solutions, Consultant for SWFRPC AGENDA ITEM 9-B Co:* County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 21, 2016 SUBJECT: PUDR-PL20140002211, PELICAN MARSH PUD (PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO DOA-PL20140002309, PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT(DRI)) APPLICANT/CONTRACT PURCHASER: Applicant/Contract Purchaser: WCI Communities,LLC 24301 Walden Center Drive Bonita Springs,FL 34134 PROPERTY OWNERS/AGENTS: Property Owners: Agents: Robert J. Haaga D. Wayne Arnold Tiburon Golf Ventures, LP Q. Grady Minor and Associates,P.A. Vanderbilt Beach Road Land Trust 3800 Via Del Rey Mary Longer Tr Est, Trustee of the Bonita Springs,FL 34134 Mary V. Longner Living Trust Richard D. Yovanovich, Esquire Coleman,Yovanovich& Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 NOTE: Over 3,200 parcels within the DRI have been sold to others. 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REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC), acting as the local planning agency and the Environmental Advisory Council, consider amending Ordinance Number 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance Number 2004- 41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 43.2± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add Rl district parcels for 66 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance Number 2002-71 which omitted 141.6± acres east of Livingston Road; by adding an access point to Livingston i Road;by providing development standards for the Rl district; by increasing the reserve and right of way; and by providing an effective date. GEOGRAPHIC LOCATION: The subject property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida. The entire Pelican Marsh PUD consists of 2,256.8± acres (Please see the 1 Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Pelican Marsh DRI/PUD was originally approved in Ordinance Number 93-27 and it along with four subsequent ordinances have been repealed. The current Ordinance Number 2002-71 was approved on December 17, 2002. (Please see Attachment: Ordinance Number 2002-71.) The petitioner proposes the addition of 43.2± acres of land zoned Rural Agricultural (A) into the Pelican Marsh PUD for a maximum of 66 single-family detached dwelling units. The proposed 66 dwelling units are within the previously approved threshold of 4,800 dwelling units. I The petitioner also proposes a new ingress/egress point from Livingston Road through an existing reserve (now known as a preserve) area. The Pelican Marsh PUD will exceed the required Preserve area by approximately 125.47± acres (371.9 acres preserve area provided minus 246.43 acres preserve area required is 125.47±acres). The additional land has been designated as Rl and Reserve on the Master Plan, and Rl land uses and development standards have been added to the PUD document. The development standards 1 for the Rl area are the same as the previously approved single-family detached development standards except when new standards are noted below: 1 - A minimum lot area of 7,500 square feet; - A minimum lot width of 75 feet; - A front yard setback of 25 feet; PELICAN MARSH PUD,PUDR-PL20140002211 i June 10,2016 1 i Page 5 of 20 1, - A side yard with a side loaded garage setback of 15 feet; - A principal side yard setback of 7.5 feet and a new proposed accessory setback of 5 feet; - A principal rear yard setback of 20 feet and a new proposed accessory setback of 10 feet; - A principal preserve setback of 25 feet and an accessory setback of 10 feet; - A maximum zoned building height of 35 feet and a new proposed actual building height of 40 feet; - A distance between principal structures of 15 feet and a new proposed distance of 10 feet for accessory structures; - A minimum floor area of 1,800 square feet. The Legal Description in the PUD document has been revised to include the additional 43.21 acres and the Native Vegetation Requirements in Section 2.18 of the PUD document have been clarified to identify 371.91 acres of retained native vegetation. A scrivener's error in Ordinance No. 2002- 71 which omitted 141.61 acres east of Livingston Road on the Master Plan has been corrected. The Master Plan has also been revised to show the additional 43.21 acres of land and an access point from Livingston Road. SURROUNDING LAND USE AND ZONING (as related to the access road and subject property to be added to PUD): North: Preserve and residences within the Hamilton Greens PUD, a 29.681 acre residential PUD with a density of 2.96 dwelling units per acre and Wilshire Lakes PUD, a 246.411 acre residential PUD with a density of 2.2 dwelling units per acre East: Preserve and residences within the Wilshire Lakes PUD, a 246.411 acre residential PUD with a density of 2.2 dwelling units per acre South: Preserve, golf course and residences (Marsala at Tiburon)located within the Pelican Marsh PUD, a 2,256.81 acre mixed-use PUD with a density of 2.16 dwelling units per acre West: Livingston Road and golf course (Tiburon)within the Pelican Marsh PUD, a 2,256.81 acre mixed-use PUD with a density of 2.16 dwelling units per acre PELICAN MARSH POD,PDDR-PL20140002211 June 10,2016 Page 6 of 20 :, : }' , f ,II�, i,R"•17_i6,144-;;;,"i 1� � WI: I1r�Jty, ,yrm"Cy''V, V. \ Y, _ '41 Proposed Access jt,.,p, ,7��, `�`it '1,f- Ctm•�reC A �• �+.il Roadway .�►r4�r o1 1't"'�' `r. ;,+: a'.', *ice s \ - ;. OP' - _ int\ iY' �'' \\ ' : a ex • • ►• ,Fr i'._ ti' ltr, -. . } +�, .: -.re-_ - ,.. Subject Property ,.. .tr ''r. •,'4', beingadded to PUD t '‘..,V1116::. k r .- ,1/, 4,_. .'1 t- 111 j ii. • i.` ]mn•rrage WAY- !1,, �\�'; '1"-"•40.,,,,,,,•:,-.10;. *.MV1')'''4 yY y •.a a *p 'r. -- Y u i`as' _..4 4 - -i' 7 I �1n•31 fC 4, II al .EKI.y t ;.,-.,4'1,..7, A% ' t `� - ; 1� Current PUD ' • .1 34e.___ if.'_-.+ ,i,ei'N. V`cdea i]srci'a] Boundar . v G th,-]47'1* - -;Y V a;Wa Cla -- Y Mr 'ter ' �� •w � - z 1� 1 � $t -: .4:C. +:aumvarcWI/Acnrrm.,Nmex,es •_ `I ! e y - . \k'�� 'fie,l�{���{�}1��� AERIAL PHOTO—far away (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUD.) PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 7 of 20 t . I. ,, : ,1 Proposed Access <_� �'�����' p ,,. Roadway ;` 4,V.w 11 rel � MCd r Ar r I 1 �,- '.1.-- `�" 1S ' a, N � . y +1w'` t. Ivs Subject Property ' „lia t. being added to PUD ads 7,if, 1 1 ' ',‘,,,,, , : ,,,, -, .-„,..4, 1. ., 4s. 46 1.r , , . — . .,,,, 9„, , ,, ,i, ..,..._ ...,._ ,,, ,,. ,..ilk_ 4.It r { " • '� • ° . . . _ ,, , ,.. , .... ,...4 F i :,.....,,, ,....,_ y„, k q , Current PUD ,; �: Boundary L'a.;.•ar Camay PrasmiyAgsmw gale=IL .:ak.. �., — et 1 _... ; 4—52ft #41+. AERIAL PHOTO-close up (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUD.) GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: The subject site is approximately 43± acres and is identified as Urban Designation, Mixed-Use District,Urban Residential Subdistrict in the Future Land Use Plan(FLUE)Element of the Growth Management Plan. The existing Mixed-Used Planned Unit Development (MPUD) has multiple future land use designations and is eligible for 3+DU/A. The petitioner has requested that the 43± acre subject site be rezoned from A, Rural Agricultural Zoning District to the Pelican Marsh MPUD for a total of 2,256.8± gross acres (2214 + 42.8 =- 2,256.8 2,256.8 acres). This proposed MPUD rezoning is to allow up to a maximum of 66 residential dwelling units, without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.16 DU/A (dwelling units per acre) in Ordinance Number 02-71 [4,800 DUs(dwelling units)/2,214 acres] to 2.13 DU/A [4,800 DUs/2,256.8 acres]. PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 8 of 20 i 9 kINo changes are proposed to the maximum number of residential units (4,800 DUs), commercial uses or acreage, golf course, school site, etc. Therefore, the proposed density is consistent with 1 Future Land Use Element(FLUE). R In reviewing for consistency with Policy 5.4 of the FLUE (policies shown in italics) for the 1 purpose of promoting sound planning, protecting environmentally sensitive lands and habitat for listed species while protecting private property rights, and ensuring compatibility of land uses, staff provides the following analysis in bold text. i FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] 1 In reviewing for consistency with Objective 7 and the related Policies of the FLUE regarding Smart Growth principles (interconnections, loop road, sidewalks/trails, etc.) staff provides the following analysis in bold text. 4 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, and adhere to the existing development character of Collier County, the following policies shall be i implemented for new development and redevelopment projects, where applicable. $ S FLUE 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. ["Exhibit A, MAP 113" (Revised Map H), Master Plan, depicts a potential access road going through the 3 Pelican Marsh Reserve District. This access road would connect the 66 dwelling units to Livingston Road,which is a Minor Arterial road as identified in the Transportation Element of the Growth Management Plan. As part of this application,the petitioner has requested to reduce the existing Reserve District west of the R1 parcels by 2 acres to allow for this potential access road and add an access point on Livingston Road. The proposed connection 1 to the arterial road is consistent with Policy 7.1.] I 1 FLUE 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. [A new access point onto Livingston Road is proposed to serve the proposed 43±acre expansion for proposed 66 DUs. All access to these 66 DUs will be from this new access road.] 1 FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their 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. ["Exhibit 3,Evaluation Criteria-#3" in 1 1 PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 1 i Page 9 of 20 S i the application stated, "No interconnections to the adjacent Marsala at Tiburon or Wilshire Lakes communities are proposed. Both are developed, gated communities and interconnection is not practical or feasible." Staff concurs.] FLUE 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. [The existing MPUD is approved for a variety of land uses —including 80± acres of commercial, 4,800 residential units, golf course, school, conservation areas— and is significantly developed. PUD Section 8.11A. provides for substitutions to subdivision regulations pertaining to sidewalks, generally requiring a sidewalk or bike path on one side of the street only. Staff recommends the expansion site called 9R1' be required to provide sidewalks on both sides of the street as required by the LDC(Land Development Code).] Staff reviewed the companion DRI Amendment separately. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current A UIR [Annual Update and Inventory Report] or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard[LOS] within the five year AUIR planning period unless specific mitigating stipulations are also approved A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed rezoning will generate approximately 81 p.m.peak hour,peak direction trips on the immediately adjacent link,Livingston Road. Livingston Road is a six-lane divided facility that has a current service volume of 3,100 trips, with a remaining capacity of approximately 1,384 trips PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 10 of 20 1 f i ( between Immokalee Road and Vanderbilt Beach Road; it is currently at LOS "C" as shown in the 2014 AUIR(the applicable AUIR at the time of submittal). Staff also evaluated the LOS for this road segment based on the adopted 2015 AUIR which indicates the same service volume of 3,100 trips, and a remaining capacity of 1,424 trips and the same LOS "C." Staff also notes that, as outlined in the Transportation Statement provided by the applicant, the proposed rezoning is not 1 proposing additional dwelling units. Therefore,the proposed project does not significantly impact adjacent roadway links. There is sufficient capacity to accommodate this PUD Rezone within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. i Conservation and Coastal Management Element (CCME): Environmental Planning staff I found this project to be consistent with the Conservation and Coastal Management Element. A minimum of 246.43± acres of native vegetation are required to be retained for the PUD. Existing t preserves within the PUD exceed this requirement with 371.9± acres of retained native vegetation identified as Reserve on the PUD master plan. I. 1 According to the environmental data provided for the application, the project will impact approximately 15.33± acres of jurisdictional wetlands. The ecological value of the functions ° provided by these wetlands is between 5 and 8, based on the Uniform Mitigation Assessment Method (UMAM) assessment performed by the applicant. Another 2.26± areas of jurisdictional 1 wetlands will be impacted for the proposed access road through an existing preserve within the i PUD. To offset these impacts the applicant is proposing to purchase wetland mitigation credits at a i mitigation bank. In accordance with CCME Policy 6.2.4, "within the Urban Designated area, the County shall rely 1 on the wetland jurisdictional determinations and permit requirements issued by the applicable i jurisdictional agency." The CCME Policy further states that "where permits issued by such 1 jurisdictional agencies allow for impacts to wetlands within this designated area and require a mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within the area." i- Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the ' proposed amendment consistent with the FLUE, but recommends sidewalks be provided on both sides of the street within the `Rl' addition per the LDC. a ANALYSIS: } Staff completed a comprehensive evaluation of this land use petition including the criteria upon f which a recommendation must be based, specifically noted in Collier County Land Development Code (LDC) Subsection 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report(referred to as"Rezone Findings"),which establish the legal basis to 1 support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning i request. An evaluation relative to these subsections is discussed below,under the heading"Zoning t and Land Development Review Analysis."In addition, staff offers the following analyses: PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 11 of 20 I i Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. Impacts to a previously approved preserve are proposed and a deviation from an environmental standard is required. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances,the project therefore requires review by the Environmental Advisory Council (EAC). LDC Section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for construction of an entrance road will make the preserve less conforming and therefore require a deviation from the LDC provision. As with other deviations to the LDC,the deviation will need to be included in the PUD document. In order for staff to evaluate the request to impact the existing preserve within the PUD, staff reviewed PUD records on file at the County. Habitats present within the preserve to be impacted for construction of the access road consist primarily of a mix of pine and cypress, with smaller areas of pine flatwoods interspersed within the preserve. Given the types of habitat and their arrangement within the preserve, staff would recommend not altering the alignment of the proposed entrance road, thus keeping the roadway near the periphery of the preserve in order to minimize impacts to the preserve. Such an alignment would also be expected to have the least impact on listed species within the preserve. Listed species likely to occur within the existing preserve would be wading.birds and alligators, both of which have been seen by residents of the community in the water management lakes in the golf course adjacent to the preserve. Listed species surveys were done by environmental consultants for the applicant on the parcels to be added to the PUD, in March 2016 and October-November 2014. In addition, historical documents such as Conservation Collier Property Summaries and agency permits for surrounding properties were examined by the environmental consultant for the project. No Listed, Threatened, or Endangered species were observed during either of the surveys. Observations of a young bald eagle were made during the most recent survey. Although no longer a listed species,the bald eagle is protected under the provisions of the state Bald Eagle Management Plan and federal Bald and Golden Eagle Protection Act. Subsequent to the most recent listed species survey, reports of two immature bald eagles and two nests on the property to be added to the PUD have come from residents of the community. To determine whether the nests were that of bald eagle or not, a site visit was coordinated between the applicant's environmental consultant and staff from the Florida Fish and Wildlife Conservation Commission(FFWCC). Cameras were also installed by the environmental consultant,viewing the larger of the two nests. The smaller nest was determined to most likely be a squirrel nest. After approximately a month and a half of surveillance by camera very little activity has been seen near the larger nest and the consultant believes the nest may have been made by a smaller raptor. In addition to the area to be added to the PUD for development, two additional parcels will be added as preserve. These parcels are within an existing conservation easement (OR: 2924 PG: 1886) to the South Florida Water Management District (SFWMD) and consist of a 10.13 acre parcel adjacent to the existing preserve where the access road will be located and two parcels PELICAN MARSH PUD,PUDR-PI20140002211 June 10,2016 Page 12 of 20 1 1 i ',. totaling 1.69 acres on the east side of the PUD adjacent to the area proposed for development. Another 2 acres of preserve are located within the southern end of the land to be added to the PUD for development. Since approximately 2.32± areas of existing preserve (2.26± acres of wetlands 1 and .06± acre of uplands) will be impacted by the proposed entrance roadway, the amount of 6 Reserve(preserve)within the PUD will increase by approximately 11.5±acres. 1 Stipulation for approval: } 1 LDC Section 3.05.07 A.5. requires preserves to be interconnected within the site and to adjoining 1 off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for a driveway to access the land to be added to the PUD will make the preserve less conforming and therefore require a deviation from the LDC provision. The deviation from this LDC provision shall be included in the PUD document. 1 Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval. i Utility Review: Public Utilities Department staff has reviewed this petition and recommends approval. I Collier County Public Schools (CCPS)District Review: CCPS staff has reviewed the petition and has concluded that there is sufficient capacity for the proposed development within the elementary I and middle school concurrency service areas and within an adjacent high school concurrency area. This finding is for planning and informational purposes only and does not constitute either a determination of capacity or concurrency for the proposed project. At the time of site development plan or plat,the development will be reviewed for concurrency. This is to ensure that there is capacity either within the concurrency service area that this development is located in or f within adjacent concurrency service areas such that the level of service standards are not exceeded. Zoning and Land Development Review: As previously stated,this PUD rezone petition adds 43.2± acres of land zoned Rural Agricultural (A) and an additional access road through an existing reserve/preserve into the Pelican Marsh PUD for a maximum of 66 single-family detached dwelling units. Staff has conducted a site visit and finds the proposed single-family development is generally compatible with the surrounding single-family residences,reserve/preserve area and golf course. 3 I I However, existing neighbors to the south and east located within Marsala at Tiburon and Wilshire Lakes have expressed concerns via letters of concern (see attachment) and at the NIM s (Neighborhood Information Meeting) regarding the impact of the proposed residences and access ii road through the preserve to their homes. Staff is concerned about the impact of the automobile headlights from the proposed access road and proposed development on the existing residences i located in Marsala at Tiburon and Wilshire Lakes. Therefore, staff has requested and the applicant has provided additional landscape screening in the form of a Type B Landscape Buffer along the areas that are impacted. The Type B Landscape Buffer language has been added to Section 2.11 "Landscape Buffers,Berms,Fences and Walls"of the PUD document. PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 13 of 20 REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the PIanning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Section has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP). 2. The existing land use pattern. As described in the"Surrounding Land Use and Zoning"portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential lands. The residential land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are, illogically drawn in relation to, existing ; conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add an additional 43.2± acres of land and an access roadway to the Pelican Marsh PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 14 of 20 • 1 i z' The overall density and intensity of residential land uses allowed by the current PUD are not exceeded in the proposed PUD rezone. However, the residents to the south of the proposed development expressed concerns about the impact of the proposed homes and access road on their homes. To minimize the impact of the automobile headlights, staff has requested a Type B Landscape Buffer which the applicant has agreed to provide. Therefore, staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 1 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic,including activity during construction phases of the development,or otherwise affect public safety. i The roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)/Plans and Plat(PPL)review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. i The proposed change will not seriously reduce light and air to adjacent areas. 1 s 1 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market t demand. t r 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. t I I Most of the property surrounding the subject site is developed or undergoing construction. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 1 1 1 i PELICAN MARSH POD,PUDR-PL20140002211 June 10,2016 Page 15 of 20 1 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing Agricultural zoning. However, the surrounding residential zoning would suggest the rezoning to PUD is more compatible and in character with the surrounding residential districts. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed;however,this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 16 of 20 ` has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water,and other 1 utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. These 1 processes will ensure that appropriate stipulations for the provision of, continuing operation of,and < maintenance of infrastructure will be provided by the developer. 3. Conformityof the proposed Planned Unit Development with the goals, objectives and P P P 7 policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals,objectives, 1 and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 1 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. As previously stated, to address the concern of automobile headlights shining into PELICAN MARSH PUD,PDDR-PL20140002211 June 10,2016 Page 17 of 20 the existing residences from the proposed access road, the applicant is providing a Type B Landscape Buffer along the access road and adjacent to the existing Wilshire Lakes residences. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project exceeds the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time. It is consistent with the GMP at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. NEIGHBORHOOD INFORMATION MEETING(MM): The agent/applicant duly noticed and held the required NIM on September 2, 2015. A second NIM was held on May 2, 2016 because additional presenrve/reserve area was added to the PUD/DRI. For further information,please see Attachment: NIM Transcripts. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDR-PL20140002211, Pelican Marsh PUD,revised on May 13,2016. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission, acting as the local planning agency and the Environmental Advisory Council, forward Petition PUDR-PL20140002211, Pelican Marsh PUD to the Board of County Commissioners with a PELICAN MARSH PUD,PUDR-PL20140002211 June 10,2016 Page 18 of 20 recommendation of approval subject to the following stipulations: 1. Revise PUD Section 8.10 Environmental Development Commitments to include a deviation from the requirements of LDC Section 3.05.07 A.5 which requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors to allow the proposed access road to split the existing preserve. 2. Revise PUD Section 8.11 A.2, Subdivision Requirements and Standard Design Substitutions, which provides for sidewalk exceptions, to require within the Rl district, sidewalks on both sides of the street per the LDC. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 2002-71 Attachment C: NIM Summaries Attachment D: Letters of Concern Attachment E: Exhibit 1-Disclosure of Interest Information Attachment F: Packet from Linda Joyce,a concerned resident • • PELICAN MARSH PUD,PUDR-PL20140002211 June 30,2016 Page 19 of 20 PREPARED BY: N• CY G e Di•CH,AI4Øt A - AW___got&/ PRINCIP• Ir •' R ZONING DIVISION REVIEWED BY: -Art. & RA + I V. BELLOWS,ZONING MANAGER DATE ZO 1G DIVISION .s-5- MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: Se. r4 '111 CH,DEPUTY DEPARTMENT HEAD DA lE GROWTH MANAGEMENT DEPARTMENT / . /z7la DAVID S. WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PELICAN MARSH PUD,PUDR-PL20140002211 May 2,2016 Page 20 of 20 ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2002-71, THE PELICAN MARSH PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO.2004-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 43.2* ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE PELICAN MARSH PUD; BY AMENDING THE PLANNED UNIT DEVELOPMENT DOCUMENT AND THE MASTER PLAN TO ADD RI DISTRICT PARCELS FOR 66 SINGLE FAMILY DWELLING UNITS; BY CORRECTING A SCRIVENER'S ERROR IN THE PUD MASTER DEVELOPMENT PLAN TO ORDINANCE NO. 2002-71 WHICH OMITTED 141.6 ACRES EAST OF LIVINGSTON ROAD; BY ADDING AN ACCESS POINT TO LIVINGSTON ROAD; BY PROVIDING DEVELOPMENT STANDARDS FOR THE R1 DISTRICT; BY INCREASING THE RESERVE AND RIGHT OF WAY; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY TO BE ADDED TO THE PUD IS LOCATED IN THE NORTHEAST QUADRANT OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2,256.8* ACRES FOR THE ENTIRE PELICAN MARSH PUD. [PUDR-PL20140002211] WHEREAS,D. Wayne Arnold, ICP of Q.GradyMinor&Associates,P.A.and Richard Yn � D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing WCI Communities, LLC, petitioned the Board of County Commissioners to amend the Planned Unit Development and change the zoning classification of the herein described property;and WHEREAS, Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, was adopted by the Board of County Commissioners on December 17, 2002, which repealed Ordinance No. 99-90;and WHEREAS, the PUD Master Development Plan attached to Ordinance No. 2002-71 erroneously omitted all of the area east of Livingston Road which had been added by Ordinance No. 99-90;and WHEREAS, Development Order No. 02-04 (Resolution No. 02-507), and the repealed Ordinance No. 99-90, all correctly depicted the 141.6 acres of development east of Livingston Road;and Words straek ough are deleted;wordsunderlinedare added. [15-CPS-01451]207 1 of 5 Pelican Marsh PUDR/FUDR-PL20140002211 6/28/16 Attachment A WHEREAS, the Board of County Commissioners desires to correct the scrivener's error in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of approximately 43.2± acres of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Planned Unit Development (PUD) zoning district, together with the existing Pelican Marsh PUD for an 2,256.8± acre parcel to be known as the Pelican Marsh Planned Unit Development in accordance with the PUD Document labeled Exhibit A,attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41,as amended,the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Amendment to Title Page of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Title Page of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended to add the following: See Exhibit A attached hereto and incorporated herein. SECTION THREE: Amendment to Statement of Compliance of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Statement of Compliance of the PUD Document previously attached as Exhibit A to Ordinance Number 95-74,the Pelican Marsh PUD,is hereby amended as follows: The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the 'Developer", to create a Planned Unit Development (PUD) on 22-1-342256.8± acres of land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: ************************* Words stfuele-threugh are deleted;words underlined are added. [15-CPS-01451]207 2 of 5 Pelican Marsh PUDR/PUDR-PI-20140002211 6/28/16 f'. SECTION FOUR: Amendment to Legal Description in Section I of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Legal Description in Section I of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74,the Pelican Marsh PUD, is hereby amended in part as follows: See Exhibit B attached hereto and incorporated herein. SECTION FIVE: Amendment to Section 1.6,Density of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Section 1.6, Density of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended as follows: 1.6 DENSITY Acreage of the Pelican Marsh Community is approximately 2211 2256.8 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density,therefore,will be a maximum of 246-2.13 units per acre. At all times allroe within the Pelican Marsh Communityshall be included p p rtY included in determining project density, including property reserved or dedicated for public uses, such as,but not limited to,public roadways. SECTION SIX: Amendment to Section II,entitled"Project Development"of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. Section II, entitled"Project Development"of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74,the Pelican Marsh PUD, is hereby amended as follows: See Exhibit C attached hereto and incorporated herein. SECTION SEVEN: Amendment to Section III entitled"Residential Land Use District"of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. Section III entitled "Residential Land Use District" of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD,is hereby amended in part as follows: See Exhibit E attached hereto and incorporated herein. Words struele-threugh are deleted;words underlined are added. j15-CPS-01451]207 3 of 5 Pelican Marsh PDDR/PUDR-PL20140002211 6/28/16 SECTION EIGHT: Amendments to Section VIII entitled "General Development Commitments" of the PUD Document of Ordinance Number 95-74, Pelican Marsh PUD. Section VIII entitled "General Development Commitments" of the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74,the Pelican Marsh PUD,is hereby amended as follows: ************************* 8.3 MASTER PLAN The Master Plan, Map H-3 (revised 4-20-16) attached hereto as Exhibit "A" (-Johnsen Eng . is an illustrative preliminary development plan. Thedesign elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. ************************* p 6 S NSETTINf! O:��vl7iTvaTtarQ - -. _ : _. .. - _ , ... - ... . , _ - - - e _ - .., _ _. . . _ _ - -_, _ .,. . ., .. f govern: ************************* 8.8 WATER MANAGEMENT ************************* J. The Water Management System for the"Rl"residential area shall discharge into the existing Pelican Marsh Reserve Area. so as to maintain pre-existing hydrologic connections. in accordance with the LDC at time of SDP or plat approval of the R1 residential area. ************************* 8.17 MISCELLANEOUS A. 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 Words stmelthrough are deleted;words underl edm are added. [15-CPS-01451]207 4 of 5 Pelican Marsh PUDR/PUDR PL20140002211 6/28/16 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. B. All other applicable state or federal permits must be obtained before commencement of the development. SECTION NINE: Amendments to PUD Master Development Plan of Ordinance Number 95-74, Pelican Marsh PUD. Exhibit A, Master Development Plan to the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74, the Pelican Marsh PUD, is hereby deleted in its entirety and hereby replaced with Exhibit"A", PUD Master Development Plan attached hereto and incorporated herein as Exhibit"F". SECTION TEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA,Chairman Approved as to form and legality: C Heidi Ashton-Cicko � �r,\l' Managing Assistant County Attorney Attachments: Exhibit A—Title Page Exhibit B—Property Description Exhibit C—Section II of PUD Document Exhibit D—"Rl"Residential Area Buffer Exhibit Exhibit E—Section III of PUD Document Exhibit F—Revised Master Development Plan, Exhibit A to PUD Document Words stFusk-through are deleted;words underlined are added. [15-CPS-01451]207 5 of 5 Pelican Marsh PUDR/PUDR-PL20140002211 6/28/16 EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.62256.8*Acres Located in Sections 25,27,34,35&36 Township 48 South,Range 25 East,and Section 31,Township 48 South,Range 26 East, Collier County,Florida PREPARED FOR: J.E.D. F S UTHWLS• aT P' anti FLORIDA. IN ^ ��rr 4'� 1 1'09 WCI COMMUNITIES,INC:I,LC 24301 Walden Center Drive Bonita Springs,Florida 34134 PREPARED BY: R WA Consultants,Inc. 3050 North Horseshoe Drive,Suite 270 Naples,FL 34104 Amended by O.Grady Minor and Associates.P.A. Via Del Rey.Bonita Springs.FL 34134 • ORDINANCE 9S 30 AMEN, T ORDINANCE 02-71—ORIGINAL ORDINANCE - —AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC-WI-7402 02 ORDINANCE NUMBER 2 Exhibit A Words underlined are additions;words etmek-threugit are deletions SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 2256,8 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County,Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20"West 2623.40 feet to the west%corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line of proposed G000dlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County,Florida; thence along said westerly right-of-way line in the following four(4)described courses; 1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18"and being subtended by a chord which bears South 00 47'59"West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: I) South 89 50'58"West 88.21 feet; 2) North 31 34'00"West 120.19 feet; 3) North 05 37'10"West 956.47 feet; 4) South 74 46'39"West 379.98 feet; 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave • southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22"West 737.85 feet; Exhibit B I-1 Words underlined are additions:words mag*are deletions thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26'28"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09"West 582A4 feet; thence North 77 59'05"West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08"West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10"West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S.41; thence along said line North 00 39'20"West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32"East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh,Plat Book 24,pages 67 through 70,Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, pages 88 through 89,Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'3T' East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 Words underlined are additions;words steseekiegk are deletions TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'A of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59"Ea8t 46.92 feet thence North 68 35'21"East 110.88 feet; thence North 00 39'12"West 187.52 feet; thence North 1143 '40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'/4 corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12"West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; thence South 00 39'15"East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10"West 105.98 feet; thence south 62 08'16" West 75.07 feet; 1-3 Words ialgterlined are additions;words are deletions thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10"West 43.56 feet; thence South 30 57'58"East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 8152'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14"West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51"West 89.04 feet; thence North 58 35'21"West 65.19 feet; thence North 15 31 '55"West 74.80 feet; thence North 00 41'41"West 115.24 feet; thence North 28 22'47"East 171.51 feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36' 14"West 54.78 feet; thence South 49 16'08" West 112.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'12"West. AND All that part of Section 27,Township 48 South, Range 25 East,Collier County,Florida being more particularly described as follows: Commencing at the west'A corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32"West 23.43 feet; thence South 74 56'42"West 121.32 feet; thence South 79 49'51"West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears North 80 25'01"West 44.61 feet to a point of reverse curvature; 1-4 Words underlined are additions;words etruek-through are deletions thence northwesterly52.92 feet alongthe arc of atangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57"and being subtended by a chord which bears North 70 46'21"West 52.65 feet; thence North 80 52'50"West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04"West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 84 16'06"West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58"" and being subtended by a chord which bears North 83 58'44"West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03"West 36.03 feet; thence South 86 06'33"West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 5101 '05"West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58"East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12"West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: Commencing at the west'A corner of said Section 27; thence along said west line North 00 39' 12"West 827 .69 fret; thence leaving said line North 89 20'45"East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01"West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53"and being subtended by a chord which bears North 12 56'04"West 30.53 feet; thence North 05 01'01"West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 Words underlined are additions;words struck-through are deletions thence North 56 04'43"West 35.11 feet; thence North 80 3923"West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48"West 45.79 feet; thence North 89 49'56"West 132.77 feet; thence North 69 40'18"West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R. 31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22"West 2541.65 feet to the south%4 corner of said Section 35; thence continue along said south line South 89 39'32"West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02"West 391.57 feet to the boundary line of a parcel described in O.R.Book 524,page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 01 03'33"West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18"and being subtended by a chord which bears North 00 47'59"East 648.37 feet; thence continue along said right-of-way line North 05 33'10"West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section,South 02 12'03"East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 1-6 Words=fajta are additions;words are deletions thence along said northerly right-of-way line North 89 39'39"West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R.31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest corner of the east 1/2 of the east'/ of said Section 25; thence along the west line of the east Ya of the east %a of said Section 25 North 01 54'09"West 2668.19 feet; thence continue along the west line of the east'A of the east'/a of said Section 25 North 01 57'16"West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east 1/4 corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35"East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N 'A of the SE '/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel II: S Ya of the NE /4 of the SW Y4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel III: N of the SW Y.of the NW 1/4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. 1-7 Words ynderlined are additions;words st►wel-through are deletions Parcel IV: S of the SW '/4 of the NW 1/4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VI: N'A of the SW V4 of the SW'/4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VII NW'/.of the SW%4 of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcels III III IV VI and VII contain a total of 141.61 acres,more or less. AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST OUARTER OF SECTION 31.,TOWNSHIP 48 SOUTH.RANGE 26 EAST, COLLIER COUNTY FLQRIDA: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST OUARTER OF SECTION 31.SAID POINT ALSO BEING ON THE WEST LINE OF TRACT"D"OF THE WILSHIRE LAKES.PHASE 2 SUBDIVISION. AS RECORDED IN PLAT BOOK 27. PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE RUN ALONG THE EAST LINE OF SAID FRACTION. SOUTH 02°09'46" EAST. A DISTANCE OF 667.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION. NORTH 89°56'27" WEST. A DISTANCE OF 165.10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION.SOUTH 02°09'53"EAST.A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE RUN ALONG E SOUTH UNE OF SAID 1 FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31. NORTH 89°56'39" WEST. A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31: THENCE RUN ALONG SAID EAST LINE. SOUTH 42°10'14" EAST. A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION.NORTH 89°57'44"WEST, A DISTANCE OF 16.5.19 FEET TO NORTHEAST CORNEA OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION. SOUTH 02°10'03" EAST. A DISTANCE OF 30.02 FEET; THENCE SOUTH 89°57'44" EAST.A DISTANCE OF 13517 FEET:THENCESOUTH 02°10'14"EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°57'36" WEST. A DISTANQ$ QF 135.18 FEET; THENCE SOUTH 02°10'03" EAST A DISTANCE OF 60.04 FEET; THENCE SOUTH 89°5T36"EAST.A DISTANCE OF 135.18 FEET:THENCE SOUTH 02°10'14"EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°57'27" WEST. A DISTANCE OF 13520 FEET: THENCE SOUTH Q2°10'03" EAST. A DISTANCE OF 30.02 FEET SOUTHEAST OUARTER OF THE AFOREMENTIONED FRACTION;_ THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THESOUTIi LINE OF THE WEST HALF OF THE NORTHWEST OUARTER OF THE NORTHEAST QUARTER OF THE i-8 Words underlined are additions;words s el-#kreugh are deletions SOUTHWEST QUARTER OF SAID SECTION 31. NORTH 89°57'27" WEST.A DISTANCE OF 495,67 FEET TQ THS SOUTHWEST CORNER OF THE WEST HALF OF T_HE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 31: THENCE RUN ALONG THE WEST LINE OF SAID FRACTION. NORTH 02°09'30" WEST. A DISTANCE OF 667,45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION: THENCE RUN ALONG TH4 NORTH LINE OF SAID FRACTION. SOUTH 89°57'44" EAST. A DISTANCE OF 165.20 FEET: THENCE NORTH 021 333" WEST. A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION.NORTH 89°57'44" WEST. A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION. NORTH 0rI 0" WEST, A DISTANCE OF 607.94 FEET:THENCE SOUTH 89°56'27" EAST.A DISTANCE OF 164.98 FEET; THENCE NO TH_ 02°13'33" WEST. A DISTANCE OF 30.02 BEET TO THE NORTHEAST CORNER OF THE WEST HALF OF TIE WAT HALF OF TyE SOUTHWEST QUARTER QF THE SOUTHEAST QUARTER OF THE NQ$TIWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION. NORTH 89°5027" WEST. A DISTANCE OF 164.97 FEET: THENCE NORTH 0212'20" WEST. A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES. PHASE 2 SUBDIVISION. THENCE RUN ALONG SAID BOUNDARY.SOUTH 89°56'17"EAST,A DISTANCE OF 1.322.06 CONTAINING 43.22 ACRES.MORE OR LESS. Total parcel contains 22442256.8 acres,more or less. f-9 Words underlined are additions,.words eantekihrough are deletions SECTION II, PROJECT DEVELOPMENT * * * * * * * * * * * * * 2.11 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers,berms, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3: 1 2. Ground covered berms 2:1 3. Rip-Rap berms 1: 1 4. Structural walled berms-vertical B. Fence or wall maximum height: six feet(6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4: 1 or less,and shall not exceed four feet (4') in height from the top of the berm elevation for berms with average side slopes of greater than 4: 1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMt)RC. Exhibit C Words gnderlined are additions:words eNnwAthrough are deletions F. All of the landscape buffers, for the"RI"residential area Its depicted on the"R1" Residential Area Buffer Exhibit shall be 10' wide planted to type 'B' landscape buffer standards, except for the type 'B' buffer along the western property line abutting the Marsala Tiburon Golf Course. which shall hive hedge, six feet in height at time of planting * * * * * * * * * * * * * 1 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.31338.8 acres included in the Golf PP Y Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54985.74 acres,therefore 234;66246.43 acres are required to be retained. The Master Plan identifies 37L9± acres of Wained native vegetation. This requirement is fully satisfied within the Reserve District and no further preservation is required. * • * * * * * * • • * * • Words lindrakei are additions;words are deletions WV QCt 91oUtiA axg41ot-iC-to CAM ClA.110 0,11.11 tnslla\c9Nlttria'tt1/3 worm worm/-3N#113AN NMMa-SOtld\1:11 ) ii W -+..—z—ate 7- 1' 11 I W IY og m LL I W W m I . tK ce b 1 / 1 .911 OD Q a� VVV y Zw { W ii OM 9 I. . 10 . 0 . 110111141001 W t Ulm 7 • .1118 [ 4 410 • • • • • • • • • • • • • • • • F.I _ W J •�- W i I 7L pW , i m .!,, (9 to . •._..• • a ,) ;' coop b / � � � o Ig6 _ ' m •g i to co ,1 . / li �= 1 : � � /g • : . • ... t "�. ZZ W �.,f,,,' / V� U � OWC p ' 111 'tt a R / , •' • 3 'I (...------**74:1 • I I I . TQ1�lB�SAt� fLIVI1 Exhibit D SECTION III RESIDENTIAL LAND USE DISTRICT 3,1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as"R" and"R1". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R" and "RI". The "RI" District shall be restricted to a maximum of 66 single-family dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities,essential services,and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities,and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES 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("R"District): 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. Exhibit E Words iggisangl are additions;words atrstek-threkglt are deletions 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools(public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and U), Care Units,Nursing Homes, and Family Care Facilities(collectively ALF)only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R"district. B. Accessory Uses and Structures CR"District): 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R"District. C. Principal 1,Jses("RI"District): 1. Single Family Detached Dwellings. D. Accessory Uses and Structures("R1"District): 1. Accessory uses and structures customarily associated with principalstses permitted in this district. Words lenderlined are additions;words Ripitek4kreMgh are deletions 2. Any other accessory use. which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of the"Rl"District as determined by the Board of Zoning Appeals or the Rearing Examiner. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Section 3.5.J sets forth the development standards for land - uses within the"Rl"Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, 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 structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses,there shall be a minimum separation of one hundred feet(100') between the two uses. In addition, a platted right-of-way or platted Iandscaped buffer, a minimum width of thirty feet(30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet(100'). Words underlined are additions;words etrwehfhreug*are deletions G. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet(10')in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road,with the exception of cul-de-sacs serving 24 units or less. H. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2,Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilities. J. Development Standards for the"R1"district; 1. Minimum Lot Area: 7300 F 2. Minimum Lot Width:*1 75' 3. Front Yard:*2 25' 4, Front Yard(side load garage): 15' 5. Side Yard: Principal: 7.5' Accessory: 5' 6. Rear Yard:*3 Principal: 20' Accessory: 10' 7. Preserve; Principal: 25' Accessory: 10' 8. Maximum Building Height: Zoned: 35' Actual: 40' Words ynderlined are additions;words -thrvwgll are deletions 9. Distance Between Structures: Principal; 15' Accessory: 10' 10. Floor Area Minimum: 1.800 SF *1-Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is still maintained. *2- Setback from lake maintenance easement for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design aid subject to written gpprpva from Growth Management departments •3-Front yards shall be measured as follows: A. If the naacel zs served by a public rest-o _way. setback is measured from the adjacent right-of-way lines. D. If dig parcel is served by a private road.setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *4-Exc pt drat l lits within the area labeled"single story only"described by and depicte(on the "Rl"Residential Area Buffer Exhibit shall not exceed one story as defined in the LDC in zoned or actual height. K. Notwithstanding any provisions to the contrary in other sections of this PUD. all areas within the R-1 Residential District are not required to be part of the Pelican Marsh Community Development District. Common area maintenance of tbp R-1 Residential District shall be provided by the Developer.WCI Communities.LLC, or a property owners association. Maintegance of the Reserve Dittrict on the northwest portion of the R1 Residential District as depicted on the "Rl" Residential Area Buffer Exhibit shall be provided by Tiburon Golf Ventures Limited Partnership. a Delaware limited partnership. or a property owner's association. a3 Words nfiderlined are additions;wards.,Jrsw Wwe are deletions dr on*whim viewirwo,171POWNIIIINAIMM AgIVI•MOMUMINV•IMPII/111. 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TOr.lx 1"Ifisi II' ii 1 e. 1_ v al 0 -,• ,,,-. odii,- 11c!) ,IF ritri p ,,roG I IJ 11...:::-.----:'• -: .4112 cl R I 1 --•""5.1" "."-' ' -II i , • I.L.- --,.. ---i-, 407.1i 1 i ,• 40)4,42,sios i 1 ,tit ------7--7-u13::-„,77-__•!-__.::::.4:..._ ,.. - ii- 1 , •, `•.•,., , - . r aupprVALLIMpl 11411114%141/44------,---- +, ...,f 41,4 / il----)I-1=--0-- --r-i:•!,7 ' :::' , ‘, ,t,.... alias& all" 1 1 •:'' 0 0111111HIN ,;, • C n 1 S 1 , -innr-innn ti re-win.nrirlii 1.171- -1 . x •ibitF 1 •, _____ •., 1 1 ORDINANCE NO.02- 7.1 ! 1 I AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE ��-�23 UNINCORPORATED AREA OF COLLIER COUNTY, �,� 4a� FLORIDA, BY AMENDING THE OFFICIAL ZONING ( R a ATLAS MAPS NUMBERED; 8525S, 8525N, 8527#, a n ds cola 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, m 1� 0 863 I S AND 8631N, BY CHANGING THE ZONING r t� % CLASSIFICATION OF THE HEREIN DESCRIBED REAL `'' c� w� PROPERTY FROM "PUD" TO "PUD" PLANNED 1 . 7.L--•-.: ;7.i DEVELOPMENT KNOWN AS PELICAN MARK; u ' : �`"°Zvi6tIs�g�dv DRI/PUD, FOR PROPERTY LOCATED NORTH VANDERBILT BEACH ROAD(C.R.901)AND EAST ''' on LIVINGSTON ROAD (CR. 881), IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2214±ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-90, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida Inc.and Colony Corporate Centre,Inc.,with permission of WCI Communities,Inc.,petitioned thu Board of County Commissioners to change the zoning classification of the herein described ma i property NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners o: Collier County,Florida that; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25,27. 34,35 and 36,Township 48 South,Range 25 East,and Section 31,Township 48 South,Range 2E East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document,attached hereto as Exhibit"A",which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered;8525S,8525N, 1 8527S,8527N,8534S, 8534N, 8535S,8535N,8536S;8536N,8631S and 8631N,as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. • i SECTION TWO: Ordinance Number 99-90, known as the Pelican Marsh PUD, adopted on December 14, • 1 1999 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. a 2 i Attachment B x i 3 • i ECTTON T7 E• • This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli County,Florida,this 17 thday of December ,2002. D.WIG�iT E:BROOK,CLERIC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,.FLORIDA i twat at iChairman's • �=� .COLETTA,CHAIRMAN ^.Approvaapo s to ram and Legal Sufficiency This ordinance filed with the Secretary of Stote's Office the 2 S4 day of , 22 _ and acknowledgement of that Marjo M.Student offing received thisZ 319E day • Assistant County Attorney BY Mews �e oevuy r.k EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6±Acres Located in Sections 25,27,34,35 &36 Township 48 South,Range 25 East,and Section 31,Township 48 South,Range 26 East, Collier County,Florida PREPARED FOR: J.E.D. OF SOUTHWEST FLORIDA, INC. and COLONY CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With permission from WCI COMMUNITIES, INC. 2430I Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: RWA Consultants,Inc. 3050 North Horseshoe Drive, Suite 270 Naples,FL 34104 PUD 93-1,ORDINANCE 93-27-ORIGINAL PUD 94-9, ORDINANCE 95-4-AMENDMENT ORDINANCE 95-50-AMENDMENT ORDINANCE 95-71 -AMENDMENT ORDINANCE 97-79-AMENDMENT ORDINANCE 98-11 -AMENDMENT ORDINANCE 99-33-AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/17/Q2 ORDINANCE NUMBER 2 0 0 2-71 TABLE OF CONTENTS PAGE LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV GOLF COURSE,RECREATION&OPEN SPACE 4-1 DISTRICT SECTION V RESERVE DISTRICT 5-I SECTION VI CULTURAL CENTER DISTRICT 6-1 SECTION VII ACTIVITY CENTER DISTRICT 7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1 LIST OF EXHIBITS Exhibit A Map H-3 (Revised Map H)Master Plan(Johnson Engineering, Inc.,File No. 19991406) Exhibit B Conceptual Site Plan for Plaza at Galleria(SDP-99-004) U i t • I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of WCI Communities, Inc.,hereinafter referred to as "WCI" or the "Developer", to create a Planned Unit Development (PUD) on 2213.6± acres of land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management PIan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use 1 Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where i existing and planned public facilities are concentrated. 2. The proposed density of the Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four(4) units per acre. Certain parts of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an i allowable density greater than three (3)units per acre. 3. The Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. a 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. p x 5. The development of the Pelican Marsh Community will result in an efficient and economical xi extension of community facilities and services as required in Policies-3.1H and L of the Future Land Use Element. - 1 6. The Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. I 7. The Pelican Marsh Community is a large scale functionally interrelated community, and is t planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code,Planned Unit Development District Section. 4. 1 8. The Pelican Marsh Community represents a large scale infill community within the Urban I District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use t Element. 1 • I 3 ill I 5 i J 3 i. SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". iv } SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 4.8 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20"West 2623.40 feet to the west 1/4 corner of said Section 27; l thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line 1 of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four(4)described courses; 1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears South 00 47'59"West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the.boundary of said Pine Ridge Second Extension in the following eight (8) described courses: - r 1) South 89 50'58"West 88.21 feet; 2) North 31 34'00"West 120.19 feet; 3) North 05 37'10"West 956.47 feet; 4) South 74 46'39"West 379.98 feet; 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22"West 737.85 feet; 1-1 thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26'28"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09"West 582.44 feet; thence North 77 59'05"West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57"and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08"West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10"West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00 39'20"West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32"East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70,Public Records of Collier County, Florida; thence along said line South 00 00'00"East 481.17 feet to a point on the north line of Tract "B"(Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, pages 88 through 89,Public Records of Collier County;Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39"West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west %,of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59"East 46.92 feet; thence North 68 35'21"East 110.88 feet; thence North 00 39'12"West 187.52 feet; thence North 11 43'40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 1/4 corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12"West 827.69 feet; thence leaving said Section line north 89 20'45"East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; thence South 00 39'15"East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10"West 105.98 feet; thence south 62 08'16"West 75.07 feet; 1-3 thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10"West 43.56 feet; thence South 30 57'58"East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00"West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14"West 120.32 feet; thence South 33 05'40"West 54.13 feet; thence South 76 56'51"West 89.04 feet; thence North 58 35'21"West 65.19 feet; thence North 15 31'55"West 74.80 feet; thence North 00 41'41"West 115.24 feet; thence North 28 22'47"East 171.51 feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36'14"West 54.78 feet; thence South 49 16'08"West 112.78 feet; thence South 89 47'08"West 53.08 feet; thence North 58 00'49"West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida, being North 00 39'12"West. AND All that part of Section 27, Township 48 South,Range 25 East,Collier County, Florida being more particularly described as follows: Commencing at the west V4 corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; . thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32"West 23.43 feet; thence South 74 56'42"West 121.32 feet; thence South 79 49'51"West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16" and being subtended by a chord which bears North 80 25'01"West 44.61 feet to a point of reverse curvature; 1-4 . k thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21"West 52.65 feet; thence North 80 52'50"West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13" and being subtended by a chord which bears South 82 35'04"West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18" and being subtended by a chord which bears South 84 16'06"West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58"" and being subtended by a chord which bears North 83 58'44"West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03"West 36.03 feet; thence South 86 06'33"West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 51 01'05"West 27.49 feet; thence South 33 25'42"West 19.95 feet; thence South 15 39'57"West 20.54 feet; thence South 10 54'31"West 34.64 feet; thence South 89 20'06"West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'/,corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01"West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04"West 30.53 feet; thence North 05 01'01"West 31.56 feet; thence North 36 19'27"West 32.02 feet; 1-5 thence North 56 04'43"West 35.11 feet; thence North 80 39'23"West 32.53 feet; thence North 88 39'20"West 97.78 feet; thence North 86 04'48"West 45.79 feet; thence North 89 49'56"West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less_ Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R.31); thence along said westerly right-of-way line South 00 31'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22"West 2541.65 feet to the south 1/4 corner of said Section 35; thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 01 03'33"West 295.29 feet; thence continue along the boundary of said parcel South 89 51'02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet; - thence continue along said right-of-way line North 05 33'10"West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31'31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east %, corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 1-6 thence along said northerly right-of-way line North 89 39'39"West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47"West 80.00 feet; thence along the north line of said land South 89 27'57"West 15.00 feet to the east right-of- way line of Airport Road(C.R. 31); p. thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57"East 3914.28 feet to the southwest corner of the east %2 of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of the east %2 of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east '/2 of the east %2 of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road(C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east '/ corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the fi Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35"East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N %2 of the SE 'A of the SW 'A of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel II: S %2 of the NE 'A of the SW '/4 of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel III: N %2 of the SW /4 of the NW '/a of Section 31, Township 48 South, Range 26 East, Collier County,Florida. { 1-7 • 3 Parcel IV: S '/z of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel VI: N 1/2 of the SW '/ of the SW %, of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel VII: NW 'A of the SW '/. of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I,II,III, IV, VI and VII contain a total of 141.61 acres,more or less. Total parcel contains 2214 acres,more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North(U.S. 41);on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes Subdivision;and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD,and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC)Application. B. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development). C. Elevations within the site range from 6 feet to 14 feet above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067- 0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE"and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. D. The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum,Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; HoIopaw and Okeelanta soils depressional;•Boca, Riviera limestone substratum; Copeland fine sand;Holopaw fine sand;Urban Land;Urban Land 1-8 Holopaw Basinger complex; Urban Land Immokalee OIdsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval,and Map E of the NOPC. E. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F of the NOPC. F. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport road runs in an east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval,and Map I of the NOPC. 1.5 DEVELOPMENT OF REGIONAL IMPACT s' Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). The Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the Community, which is below 80%of any applicable DRI threshold. L6 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density,- therefore,will be a maximum of 2.16 units per acre. At all times all property included within the pelican marsh community shall be included in determining project density, including property reserved or dedicated for public uses, such as,but not limited to,public roadways. • 1-9 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing, 72 holes of golf with clubhouses and other associated facilities; a master planned activity center, including a resort hotel and cultural facilities; stormwater management lakes;open spaces and reserve areas. The Master Plan is illustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Pelican Marsh Community shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance)which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. 2-1 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to the Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code,Section 3.2.4. G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. • 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD)to design,construct,manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed,managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2-2 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.73.1., however removal of fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY 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 Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sales of real estate such as,but not limited to,pavilions,viewing platforms,gazebos,parking areas, tents, and signs, shall be permitted principal uses throughout the Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6,of the Collier County Land Development Code. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2,Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section 8.3 of this PUD Document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of a quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD, 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 Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, or successor ordinance, 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 2.11 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms—vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed four feet(4')in height from the top of the berm elevation for berms with average side slopes of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats,or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed by the height limitations for principal structures of the district in which they are Iocated. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Pelican Marsh Community. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3:1 2-4 B. Stockpile maximum height:thirty-five feet(35') C. Fill storage areas shall be screened with a security fence at least six feet(6')in height above ground level. D. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212,214,422, 424, 740. E. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet(300')from any developed residential properties. F. Soil erosion control shall be provided in accordance with Collier County Land Development Code,Division 3.7. G. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. 2.13 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 or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code,Article 2,Division 2.2,Section 2.2.20.1. The Pelican Marsh Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific guidelines and standards by Collier County and the Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. The Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall benoted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions, and restrictions shall provide the prior to submittal of an application for Preliminary Subdivision Plat,.Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to the PMRDC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating the Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required 2-5 i t I i i prior to the commencement of construction or alteration of the land specifically requiring i such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. I Construction approvals from Collier County may be phased to allow construction of portions , of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are being processed by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. i 2.15 PRELIMINARY SUBDIVISION PLAT PHASING i Due to the size and anticipated build-out period of the Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in the Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: • 1. Essential services as set forth under Collier County Land Development Code, 1 Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities .. 4. Lakes including lakes with bulkheads or other architectural or structural bank 1 treatments. i 5. Guardhouses, gatehouses,and access 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. 1 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. I 2-6 ' i i t i I 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services 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 road—fifteen feet(15') except for guard houses, gatehouses,and access control structures which have no required setback. 2. Setback from property lines—one half(1/2)the height of the structure. 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. Maximum height of structures—twenty-five feet(25'). 6. Minimum floor area—None required. 7. Minimum lot or parcel area—None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas,in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. 2-7 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this section,in which case the PUD Document shall govern. B Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum of ten(10)boundary marker monuments shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided,each sign face may not exceed 64 square feet of area. E. Each side of a boundary market monument may contain up to four (4) individual project, business or directional identifications (message areas), as long as the total sign face does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F. Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four(4) individual project,business or directional identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identifications on an entrance sign shall be similar to and consistent with the other identification placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where 3 1-sided entrance signs may be permitted. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. H. Boundary marker monuments and entrance signs may be lighted provided all Iights are directed to the sign or are shielded. 2-8 SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as"R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated"R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities,essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES 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: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 3-1 7. Schools(public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"R"district. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"R"District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, 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 structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3,Division 3-2 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be Iimited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet(100') between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet(100'). G. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less_ H. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilities. 3-3 i TABLEI PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREAS i PERMITTED USES SINGLE PATIO& TWO SINGLE FAMILY MULTI ASSISTED AND STANDARDS FAMILY ZERO LOT FAMILY& ATTACHED AND FAMILY LIVING DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category 1 2 3 4 5 8 t 1 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF'4 1 AC 1 AC Minimum Lot Width *5 75 50 35 30 150 150 1 Front Yard 25 20'3 20*3 20*3 25 25 i Front Yard for Side r • Entry Garage 15 10 10 10 15 15 1 Side Yard 7.5 *6 0 or 7.5 0 or.5 BH .5 BH 20 or.5 BH 1 Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessory 10 5 10 10 15 15 t Rear Yard Special*1 10 5 10 10 .5 BH .5 BH Maximum Building Height'2 35 35 35 _ 35 50 50 Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH .5 SDH Floor Area Min.(S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF*8 N/A*7 )3,H:Building Height SBH:(Sum of Building Heights):Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1—With approval from PM DRC,rear yards for principal structures on lots which abut golf course,lake,open space,or reserve areas. Setback from lake for all principal and accessory uses may be 0'providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. With approval from PM DRC,front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent tight-of-way lines. B. lithe parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2—Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3—Single family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private • driveways may reduce the front yard requirement to 5'for the garage and 15 feet for the remaining structures. *4—Each half of a duplex unit requires a lot area allocation of 3,500 S.F.for a total minimum lot area of 7,000 S.F. *5—Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is still maintained. *6—Zero feet(0')or a minimum of five feet(5')on either side except that where the zero foot(0')yard option is utilized,the opposite side of the structure shall have a 10 foot(10')yard. Zero foot(0')yards may be used on both sides of a structure provided that the opposite ten foot(10')yard is provided. Patios,pools and screen enclosures may encroach into the 10'yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. *7—For density comparison,each residential unit shall equal 4.0 ALF units. . *8—Structures cast of Airport Road have a minimum floor area of 750 S.F. 3-4 SECTION W GOLF COURSE,RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 43 PERMITTED 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 Principal Uses and Structures 1. Golf courses, golf clubhouses, golf facilities,golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs,health spas,equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds,water and wastewater treatment plants, utilities pumping facilities and pump buildings,utility and maintenance staff offices. 5. Public administration facilities. 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 principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"GCO"and Miscellaneous Open Space/Buffer District. 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 cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 4-1 1 3. Retail establishments accessory to the permitted uses of the District such as, but not limited to,golf,tennis,and recreational related sales. i 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. I 1 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of 1 accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. t 1 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"GCO"and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and fifty I feet(50')from all PUD boundaries and residential tracts,except where the PUD abuts 1 the Collier County Wastewater Treatment Plant or a public right-of-way, in which case the setback shall be one half(1/2)the height of the structure. B. Accessory structures shall set back a minimum of ten feet (10') from "GCO" and 1 Miscellaneous Open Space/Buffer District boundaries and private roads, and twenty I feet(20')from all PUD boundaries and residential tracts,except where the PUD abuts 1. the Collier County Wastewater Treatment Plant or a public right-of-way, in which I case the setback shall be one half(1/2)the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and I residential properties from direct glare or unreasonable interference. 1 D. Maximum height of structures—Fifty feet(50'). E. Minimum distance between principal or accessory structures which are a part of an I architecturally unified grouping—Ten feet(10'). F. Minimum distance between all other principal structures—Twenty feet(20'). G. Minimum distance between all other accessory structures—Ten feet(10'). H. Minimum floor area—None required. T I. Minimum lot or parcel area—None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, 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 structures. 4-2 I i 1 i SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan,as"Reserve." 5.2 GENERAL DESCRIPTION Areas designated as "Reserve"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 Reserve District is to retain viable naturally functioning wetland and xeric 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 the Pelican Marsh Community residents. 5.3 PERMUTED 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 Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 8. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5-1 5.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of five feet (5') from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures,which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures—Twenty-five feet(25'). D. Minimum distance between principal structures—Ten feet(10'). E. Minimum distance between accessory structures—Five feet(5'). F. Minimum floor area—None required. G. Minimum lot or parcel area—None required. H. Standards for parldng, landscaping, signs and other Iand uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, 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 structures. 1 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The Developer, its successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended'on April 19, 1994. • 5-2 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as"CF". 6.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated"CF". 63 GENERAL DESCRIPTION Areas designated as "CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the "Cr District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 6.4 PERMITTED USES AND STRUCTURES 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: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic,social and fraternal associations 5. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"CF"District. B Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in the district. 2. Recreational facilities. 6-1 3. Classroom facilities. 4. Any other accessory uses which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"CF"district. 6.5 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of twenty feet (20') from "CF" District boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. l B. Accessory structures shall be set back a minimum of twenty feet (20') from District boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. C. Setback from lakes for all principal and accessory uses may be zero feet(0')provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. D. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures—Eighty feet(80'). F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping—Ten feet(10'). G. Minimum distance between all other principal structures—Twenty feet(20'). H. Minimum distance between all other accessory structures—Ten feet(10'). I. Minimum floor area—None required. J. Minimum lot or parcel area—None required. K Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6-2 SECTION VII ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as"AC". 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,000 square feet gross floor area(331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC." 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail,service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the"AC"District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures: 1. Accounting,Auditing and Bookkeeping Services(Group 8721). 2. Amusements and Recreation Services — Indoor (Groups 7911-7941, 7991, 7993, 7997). 3. Apparel and Accessory Stores(Groups 5611-5699). 4. Automotive Dealers and Gasoline Service Stations(Groups 5511-5599). 5. Automotive Repair, Services,and Carwashes(Groups 7514,7515,7542). 6. Building Materials,Hardware and Garden Supplies(Groups 5211-5261). 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing,salvaging of damaged merchandise). 8. Commercial Printing(Group 2752,excluding newspapers). 9. Depository Institutions(Groups 6011-6099). 10. Eating and Drinking Establishments(Group 5812,5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Food Stores(Groups 5411-5499). 7-1 } 13. General Merchandise Stores(Groups 5311-5399). 14. Glass and Glazing Work(Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses(Groups 7992, 7997, 7999). 16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052,8059). 17. Health Services(Groups 8011-8049, 8082, 8093, 8099). k. 18. Holding and Other Investment Offices(Groups 6712-6799). 19. Hotels and Motels not to exceed 450 rooms(Groups 7011, 7021,7041). 20. Home Furniture,Furnishing, and Equipment Stores(Groups 5712-5736). 21. Insurance Carriers,Agents and Brokers(Groups 6311-6399,6411). 22. Legal Services(Group 8111). 23. Libraries(Group 8231). 24. Membership Organizations(Groups 8611-8699). 25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair; beer pump coil cleaning and �r; blacksmith shops; catch basin, septic tank and cesspool cleaning; 1 coppersmithing; farm machinery repair; fire equipment repair; furnace and chimney cleaning; industrial truck repair, machinery cleaning; repair of service station equipment;boiler cleaning; tinsmithing; tractor repair). 26. Miscellaneous Retail(Groups 5912-5963,5992-5999). 27. Motion Picture Theatres(Group 7832). 28. Multi-Family Dwellings including Garden Apartments. 29. Non-Depository Credit Institutions(Groups 6111-6163). 30. Personal Services(Groups 7211, 7212, 7215,7216 non-industrial dry cleaning only, 7217,7219-7261 except crematories,7291-7299). 31. Real Estate(Groups 6512, 6531,6541). 32. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas,Equestrian Clubs and other Recreational Clubs(Groups 7991, 7999). 33. Public Administration(Major Groups 91,92,93, 94, 95, 96, 97). 34. Recreation Services(Groups 7911, 7922, 7929, 7933, 7941,7991, 7993, 7997, 7999). 35. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 36. Social Services(Groups 8322-8399). 37. United States Postal Service(Group 4311 except major distribution center). 38. Veterinary Services(Groups 0742,0752 excluding outside kenneling). 39. Video Tape Rental(Group 7841). 40. Vocational Schools(Groups 8243-8299). 41. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. 42. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC"district. 7-2 5 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool,tennis facilities,parks,playgrounds and playfields. 3. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family", contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the Activity Center or the entity owing the golf resort use. Each residential unit shall constitute and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"AC"district. 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet(15'). 3. Rear Yard: Fifteen feet(15'). 4. Any yard abutting a residential parcel: Twenty-five feet(25'). 5. Setback from a lake for all principal and accessory uses may be zero feet(0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures—One hundred feet(100'). 7-3 i i D. Minimum distance between all other principal structures—Twenty feet(20'). E. Minimum distance between all other accessory structures (excluding drive-through facilities)—Ten feet(10'). F. Minimum floor area—Seven hundred(700) square feet gross floor area on the ground floor. G. — Minimum lot or parcel area Ten thousand(10,000)square feet. H. Minimum lot width--Seventy-five feet(75'). I. Standards for parking, landscaping, signs and other land uses where such standards iv are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. i J. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six(26)units per gross acre. K. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. 1 1 $ 1 I A i S' 1 I 1 1 r 7-4 1 i SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of the Developer within the Pelican Marsh Community. 8.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plans, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project,except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents,commitments and stipulations. 8.3 MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of - this Ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following Iimitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD Document. 2. The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. 8-1 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7,Subsection 2.7.3.5.1. of the Collier County Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities,and Reserve Areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, gurponds, 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 Reserve Areas. 3. Reconfiguration of golf course envelopes and design features. 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 Reserve Areas. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. D. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 8.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code,accommodation 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 between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenant associations. This agreement provides 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. 8-2 8.5 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 8.6 SUNSETTING This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. 8.7 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. B. The Developer shall provide arterial Ievel street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. C. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access point to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. D. Collier County and the Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community property; and to address environmental permitting for the expansion of Goodlette- Frank Road from Immokalee Road to VBR. E. As is set forth in the Agreement, the Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, the Developer is eligible for Road Impact Fee credits for half of its expenditures per the Agreement in obtaining environmental permits. F. The Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by the Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to the Developer. The Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes, , as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. G. There are acknowledged benefits to both the County and the Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan,and as 8-3 referenced in the Agreement and hereinafter as the"Preferred Alignment". However, • there is the potential that the cost of environmental permitting,mitigation, design and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to the Developer, the Developer agrees to pay the • "differential cost" for the segment of VBR within the Pelican Marsh Community PUD boundaries. "Differential cost" means the reasonably ascertainable cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. The Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the"differential cost"described herein. H. The cost for design,permitting, and construction of the expansion to Goodlette-Frank Road Overpass structure to expand said structure from two (2) lanes up to six (6) lanes(as approved by the Board of County Commissioners), is the sole responsibility of the Developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document, Section 8.7 at Paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlette-Frank Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road Overpass to meet the Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. Payment of road impact fees shall be in accordance with the applicable ordinance, as amended, with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land. Development Code,Division 3.15,Adequate Public Facilities. J. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. of the PUD. K. The Developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of the Hickory Road right-of-way. This buffer shall include a minimum six foot (6') berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width,the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. 8-4 L. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the Developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian, and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41 intersection shall not be required. M. No final Iocal development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S.41. N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro- rata funding mechanism established by Collier County to implement an area-wide pedestrian and bicycle path system. The Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. O. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. P. The Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance document shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. The Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC. 8.8 WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District Rules. B. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. C. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds 8-5 1 i ' will occur as a result of the Pine Ridge Canal relocation shall be provided prior to l. subdivision construction plans approval or Preliminary Work Authorization, which- s ever occurs first. Preliminary Work Authorization was approved by the Board of # County Commissioners on May 20, 1993, and amended on April 19, 1994. I D. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. x E. The fixed crest weir with emergency underflow gate which replaces the existing amil 1 gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. i F. As long as Collier County has operation and maintenance authority over the existing 1 Pine Ridge Canal amil gates on Immokalee Road (CR 846), The Developer or the I. PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal i. refurbishment of the gates (including the bearings and access walks) and the gate l seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of the Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be complete by the time the Cocohatchee Strand Restoration Plan is certified complete to the South Florida Water Management District. G. Water Management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. a H. If legally and physically possible, the PMCDD will maintain that portion of the Pine 4 Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of the issuance of the final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. I I. The rate ofst-development i po pment stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process. 8.9 UTILITIES a A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for t waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or N irrigation wells. B. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. 8-6 C. The project will be served by central potable water distribution, fire protection and sewage collection facilities. D. Irrigation water will be provided with a separate distribution system supplied by on- site wells,reclaimed water or other non-potable water source. E. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution#93-187), as amended,and other applicable County rules and regulations. F. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family uses only. Use of the services will be approved on final inspection and acceptance by Collier County. 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. G. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead-end mains shall be minimized by looping the internal pipeline network where feasible. H. The project's Developer(s) its assigns or successors, may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. J. The existing off-site utility facilities of the District must 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. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities arid capacities to serve that phase of the project at the time utility service is required. 8-7 • i K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from the 1 Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L. Within the Pelican Marsh Community landscaping areas(including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements M including placement within three feet (3') of a utility line. Canopy trees may be i located seven feet (7') from the utility line (seven feet (7')being measured from the i trunk of the tree to the centerline of the utility line). Reconstruction of li sidewalk/pathways or modification/re-installation of plant materials due to necessary k maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. M. The Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to the distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request I and payment of fees by the Developer,its successors and/or assigns. The installation will be in accordance with the approved plans and specifications,current policies and ` procedures, and performed by the Developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the Developer annually based on meter installations. N. The Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's I Park. The study will address the approach,installation methods,costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to s be expenses that are eligible for impact fee credits, the Developer will provide the County with engineered drawings and specifications suitable for bidding by the County. The Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational f Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the Impact Fee Ordinance. 8.10 ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an • Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.8 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon: (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community 8-8 Environmental Supplement submitted in conjunction with this Application for Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance#93-27. This provision shall apply to the Developer, its successors,or assigns. B. Pursuant to Collier County Land Development Code, Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in Section 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance#93-27. C. Sections 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code, Section 3.8.5.4.1.5.d.and e. D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned Unit Development, however all existing Collier County wellfieid and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into the PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Mitigation Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO District and to the Xeric Scrub Conservation Area. Compensation for lost habitat which extent has been approved by the Florida Game and Fresh Water Fish Commission(FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to the South Florida Water Management District. The Developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS The Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions 8-9 to the improvements standards are approved for Final Subdivision Plat requirements: . A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than fifty(50)single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. The gross density in the cul-de-sac shall be less than two (2) units per acre. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: I. Cul-de-sac and local streets less than one thousand feet(1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. 2. All other cul-de-sacs are required to have a minimum fifty foot(50')right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. 3. All other local streets are required to have a minimum fifty foot(50') right-of- way and two twelve foot(12')wide travel lanes. 4. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet(1,000'). D. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). E. Street grades may exceed four percent(4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards(FDOT MUMS)and AASHTO criteria are met. F. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3:1 in accordance with FDOT MUMS,page III-35. 8-10 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at the DeveIoper's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The"reasonable time"will be agreed to between the Developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of this dedication. 8.14 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A. Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary accessory and portable structures) from a property line or right-of-way line shall be twenty- five feet (25') on the northern and western property lines and fifty feet (50') on the eastern and southern property lines. 2. No principal structure of any kind shall exceed three(3) stories in height and accessory structures shall be limited to a maximum of twenty feet (20') in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping 1. All areas not covered by structures,walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a Iawn. All required lawns.and landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. 8-11 1 i I D. Signs I 1. Any sign installed in, on or placed within the School Site shall be no larger than ten feet (10') in length by five feet (5') in height. Lighting of any sign I may be fluorescent uplight from grade. No neon or colored lighting is I allowed. All signs must also conform with the Collier County Land Development Code. E. Exterior Lighting 4. t, 1. All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation, and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There i shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. t F. Outdoor Equipment 1. All garbage and trash containers, oil tanks,bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or site-screened, fenced-in areas so that they shall not be readily visible. 2. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor 1 equipment located on roof areas shall be site-screened so that they shall not be t readily visible from adjacent properties. 3. All active sports areas including baseball, soccer, basketball, football, etc., i shall be set back twenty-five feet (25') from the easterly and southerly 1 property lines. 8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY 1 The Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on.Goodlette Road: "This is to notify you that the property you are acquiring is Iocated within 1 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier t County." t The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that the Developer shall comply with the requirements of said ordinance or regulation,where applicable. l E 8.16 Plaza at Galleria(SDP-99-004): Special Conditions of Approval • f The following conditions are applied to the above development,as a result of the December 17, 1 i I 8-12 1 2002, BCC approval of the PUD to PUD Rezone having the effect of an amendment to the Pelican Marsh PUD (PUDA-2002- 2566)to increase the allowable square footage of medical offices from 9,000 square feet to 26,000 square feet: A. Within 30 days of the Board of County Commissioner approval, the developer will submit an amendment to SDP-99-004 providing the following: 1. All actual and proposed uses and the square footage of each use; 2. A revised parking matrix indicating all required parking spaces for the existing general and medical office uses as well as the proposed general offices uses, all based upon the approved site development plan. 3. Medical office use square footage shall be limited to that which existed within the project on the date of the Board of County Commission approval. The exact square footage of medical office use shall be determined and shall be clearly indicated on the amended site plan. 4. A landscape plan depicting on-site landscaping areas and types that meets or exceeds the amount of landscaped area measured in square footage. Where additional parking areas encroach into existing landscaped areas enhanced plantings shall be required in order to maintain an overall amount of landscaping cover that equals or exceeds the amount of existing on-site landscaping. 5. As may be necessary, revisions to the signed and sealed water management plan to accommodate additional impervious parking areas and to allow for additional landscaping to replace any landscape area removed to accommodate additional parking areas. B. Within 90 days of approval of the amended site development plan,construction of the additional parking areas and installation of any necessary landscaping or water management area reconstruction will be commenced. C. Until such time as the amended site development plan is approved, and all improvements depicted there on are constructed, inspected and approved, the 7,000 square feet of vacant space located in Building "A" depicted on the attached conceptual site plan labeled"Exhibit B"shall not be occupied or used in any manner. 8-13 i MI it 111 i i i i i i i i i MI i me >o so is IL Exgib* " A " r I11 I I fUULIUL ILJUUr. 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BROCK, Clerk of Courts in and for the 1 i Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002-71 1 i Which was adopted by the Board of County Commissioners on the 17th day of December, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December, 2002 . 1, 1 DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of 1 County Commissioners 1 ‘fiLJ�ti'- 'k '1.�i,�u'd- 'i• a By: Z4ri: P..c�a th' atif •Y 1', , merit).!:12...,..` %.p ! ci : - .:-Wk ,-i to ? tl ••• •'„.r `,kikv,\,,, , I 1 1 1 2 fi 3 4 5 6 TRANSCRIPT OF THE 7 NEIGHBORHOOD INFORMATION MEETING 8 FOR PELICAN MARSH DRI/PUD 9 September 2, 2015 10 11 12 13 14 Appearances: 15 RICHARD YOVANOVICH, ESQ. 16 WAYNE ARNOLD 17 BARRY ERNST 18 DAVID CALDWELL 19 MIKE DELATE 20 MARCO ESPINAR 21 JIM BANKS 22 SHARON UMPENHOUR 23 . 24 25 tt Attachment C 2 1 MR. YOVANOVICH: Good evening. My name is 2 Rich Yovanovich and I'm the attorney representing 3 this project. 4 Tonight's meeting is a neighborhood 5 information meeting to discuss the proposed 6 project. 7 With me tonight to answer any questions that I 8 may not be able to answer on my own are Barry Ernst 9 and Dave Caldwell with WCI. 10 Wayne Arnold and Sharon Umpenhour with Q. 11 GradyMinor, they're the planning firm and 12 engineering firm on this matter. 13 Mike Delate is the civil engineer. He is in 14 the blue shirt (indiscernible) towards the -- right 15 there. 16 Marco Espinar is our environmental consultant. 17 Jim Banks is our transportation consultant. 18 Those are (indiscernible) . 19 And from the county is Nancy Gundlach, who is 20 the planner reviewing the application on behalf of 21 Collier County. 22 The county has a process where, once we get 23 our first initial comments from county staff, 24 (indiscernible) that we hold a neighborhood 25 information meeting to advise people about what 3 1 we're proposing to do on the project, give them 2 information, hear any questions or answer any 3 questions, addressing concerns. 4 (Indiscernible) . 5 Is this better? 6 THE AUDIENCE: Yes. 7 MR. YOVANOVICH: Ironically, this is my 8 church, so I've never used the -- the ministers use 9 those all the time. It makes me a little 10 uncomfortable. But I'm also waiting for them to 11 come in and ask for more money while I'm 12 (indiscernible) presentation. 13 So we are -- we are -- plus, my wife's in the 14 other room putting (indiscernible) committee, so 15 anybody that wants to be on any church committees, 16 let me know, I'll get you nominated. 17 So part of the process is for us to go through 18 and advise our neighbors about what we're proposing 19 to do. After that, we go to the Collier County 20 Planning Commission, and the Collier County 21 Planning Commission is an advisory board. They're 22 all appointed by the Board of County Commissioners. 23 The Planning Commission will make a 24 recommendation to the Board of County Commissioners 25 and ultimately the Board of County Commissioners 4 1 will make the final decision as to grant or deny 2 our petition request. 3 So I will take you through what we're 4 requesting and where the property is located and 5 then I'll answer any questions you may have. 6 The property -- here is an aerial of the 7 location. The property is approximately 32 acres. 8 It's (indiscernible) property (indiscernible) 9 subject property. We are seeking to add this 32 10 acres to the Pelican Marsh PUD. I don't know how 11 many of you live in Pelican Marsh. Can you raise 12 your hands if you're from Pelican Marsh? Okay. 13 And then we're adjacent to or near Wilshire 14 Lakes. How many of you all are from Wilshire 15 Lakes? Anybody from anywhere other than those two 16 primary projects? 17 UNIDENTIFIED FEMALE VOICE: Marsala. 18 UNIDENTIFIED MALE VOICE: Marsala. 19 UNIDENTIFIED FEMALE VOICE: Marsala. 20 MR. YOVANOVICH: Marsala. That's part of 21 Pelican Marsh. (Indiscernible) . 22 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 23 (Multiple simultaneous speakers.) 24 MR. YOVANOVICH: What's that? 25 (Multiple simultaneous speakers.) ( 5 1 MR. YOVANOVICH: Yes, it is. Pelican -- the 2 Pelican Marsh PUD/DRI is a huge project. I don't 3 remember how many acres. It has got to be over 4 2,000 acres, if I remember correctly. 5 It starts basically at U.S. 41 and works its 6 way all the way to Livingston Road and actually is 7 also on the east side of Livingston Road. It's k 8 outlined on this aerial location. 9 The project we're talking about is on the east 10 side of Livingston Road next to Marsala, which is 11 also within the Pelican Marsh PUD. We're looking 12 at 32 acres. 13 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 14 pay into that (indiscernible) . 15 MR. YOVANOVICH: I'm sorry. I'll -- I'll -- 16 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 17 Pelican Marsh (indiscernible) . 18 (Multiple simultaneous speakers.) 19 MR. YOVANOVICH: I will be quite honest with 20 you. I didn't do the Marsala project. I don't 21 know what you pay into, what you don't pay into, 22 but what we are -- what we're adding is the 32 23 acres just to the overall project. We'll be a 24 standalone subdivision. It's (indiscernible) 25 homes. 6 1 We will not become part of the CED. We will 2 not impact anybody's bottom line pocketbook. We 3 will not increase anybody's rates. We'll basically 4 be a standalone project with our own entrance off 5 of Livingston Road. 6 Can you (indiscernible) . 7 I (indiscernible) a PowerPoint. I'm used to 8 doing four or five boards, so I'm going to go 9 through this pretty quickly. This is the 32 acres 10 in its current vegetated state. 11 This is the overall PUD master plan and also 12 the DRI master plan which we are adding our acreage 13 to. As I said, we're only having 75 homes in this 14 subdivision. The overall project has been approved 15 for 4,800 units within the entire Pelican Marsh 16 DRI. (Indiscernible) of the 2,900 or so homes have 17 actually been constructed. 18 We're not adding any density to the already 19 approved 4,800 units. So we're basically taking 75 20 of those units and placing them on this particular 21 piece of property. 22 That's basically a conceptual lot layout of 23 the 75 homes. The access would be off of 24 Livingston Road. I believe Marsala's entrance is 25 here, and we're approximately 660 feet from your 7 1 entrance. And then Sienna's entrance is further to 2 the north. And I think that's roughly 770 feet 3 away, but they're checking me on my facts. 4 So what we're looking to do is add these 75 5 units. They will all be single family homes. 6 Minimum unit size is going to be 1,800 square feet. 7 Minimum lot size is 7,500 square feet. Minimum lot 8 width is 75 square feet -- I mean, 75 linear feet. 9 So we're looking at putting in nice, upscale 10 single -- single family homes (indiscernible) this 11 project. 12 Our neighbors are you, Marsala and you, 13 Wilshire Lakes. There was a discussion many, many 14 years ago by a prior property owner about trying to 15 go through Wilshire Lakes to get access to the 16 project. That didn't get very far, I don't 17 believe, in discussions or negotiations, so access 18 will not be through Wilshire Lakes. 19 The property is landlocked. So under Florida 20 law, you can't have landlocked property. So we 21 have to get access somewhere (indiscernible) be 22 through Wilshire Lakes or through the negotiated 23 access which we're talking about doing today. 24 The overall net effect is we're adding 32 25 acres to the overall DRI, and we're reducing the 8 1 overall preserve area by two acres. Now, the 2 project has more preserve area than it's legally 3 required to have. The required acreage is 235 4 preserve acres. Ten acres that's provided 5 (indiscernible) 360 acres. So the net effect is 6 we're going to go down to 355 acres of preserve 7 because of the roadway access we're going to have 8 to construct to this property. 9 That's what we're proposing to do overall for 10 this project. It's a -- 11 UNIDENTIFIED MALE VOICE: (Indiscernible) . 12 MR. YOVANOVICH: That's what we're proposing 13 to do. 14 We'll answer any questions you may have 15 regarding what we're proposing to do. And if I 16 can't answer the questions, I'll prompt you to 17 someone else. 18 Sir? 19 UNIDENTIFIED MALE VOICE: The exit thing 20 you're bringing in against Marsala, okay, is seven 21 seconds away from one to the other of a car moving 22 at normal speed up through there. 23 Are there any statutes or planning metrics or 24 anything else that speaks to that or do we have to 25 kill somebody before we'll have the conversation? 9 1 MR. YOVANOVICH: Well, actually, I'll -- the 2 answer is 660 is what we're required to do. Those 3 are the planning requirements for distance between 4 project entrances. 5 UNIDENTIFIED MALE VOICE: (Indiscernible) . 6 MR. YOVANOVICH: Well, the speed -- I know you 7 drive 60 down that, but I think it's posted at 45. 8 UNIDENTIFIED MALE VOICE: (Indiscernible) . 9 MR. YOVANOVICH: It's hard to go that slow, 10 frankly, down that road, but it is -- it is posted 11 45. 12 So we meet the legal requirements for distance 13 between project entrances. 14 UNIDENTIFIED MALE VOICE: It's crazy. 15 MR. YOVANOVICH: Yes, sir. 16 UNIDENTIFIED MALE VOICE: Rick, we live in 17 that house on the (indiscernible) right at the end 18 of where that straight road goes across there. I'm 19 particularly interested in what you're going to do 20 around that corner there. They show green 21 buffering just south of the lake. The last house 22 on the left being Wilshire Lakes. 23 MR. YOVANOVICH: And you know what? I have no 24 clue where you're talking about. Which -- which 25 lake -- this lake up here? 10 1 UNIDENTIFIED MALE VOICE: The top lake. 2 MR. YOVANOVICH: This one? 3 {Multiple simultaneous speakers.) 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 5 your pointer. 6 UNIDENTIFIED MALE VOICE: The house 7 (indiscernible) below the top of your paper. 8 Do you have a pointer or anything? 9 UNIDENTIFIED MALE VOICE: He does. 10 MR. YOVANOVICH: Here? 11 UNIDENTIFIED MALE VOICE: Right there. 12 UNIDENTIFIED MALE VOICE: You have a pointer 13 in your left hand. 14 UNIDENTIFIED MALE VOICE: You have a pointer 15 in your hand, Rick. 16 MR. YOVANOVICH: I've got that. This house 17 right here? 18 UNIDENTIFIED FEMALE VOICE: Yeah. 19 MR. YOVANOVICH: Is that yes? 20 UNIDENTIFIED MALE VOICE: Yes. Yes, sir. 21 UNIDENTIFIED MALE VOICE: What are you going 22 to do -- it shows green there (indiscernible) . 23 MR. YOVANOVICH: That's our landscape buffer 24 that will be between our project and your project. 25 UNIDENTIFIED MALE VOICE: And what -- can you 11 1 explain what that is? Is that a tree or 25 feet or 2 30 feet or what is it? 3 UNIDENTIFIED MALE VOICE: (Indiscernible) that 4 area. 5 MR. YOVANOVICH: It's single family to single 6 family (indiscernible) . 7 (Multiple simultaneous speakers.) 8 UNIDENTIFIED FEMALE VOICE: Type A? 9 UNIDENTIFIED MALE VOICE: Type A? I don't 10 know (indiscernible) . 11 UNIDENTIFIED MALE VOICE: (Indiscernible) . 12 MR. YOVANOVICH: What is it? 13 UNIDENTIFIED MALE VOICE: It's minimum 14 ten-foot wide buffer. 15 MR. YOVANOVICH: It's a minimum ten-foot wide 16 landscape buffer which is consistent with the land 17 development code requirements. 18 UNIDENTIFIED MALE VOICE: And that's what 19 they're going to do? 20 MR. YOVANOVICH: I don't know if they've 21 finalized their design with the proposed landscape 22 buffer between you and them, but that's the minimum 23 code requirement. I doubt that that's what they 24 will actually do. They -- WCI usually does a 25 little bit more -- or a lot more, actually. 12 1 So right now, single family to single family 2 only requires a ten-foot type A buffer. 3 I'm going to (indiscernible) . 4 Ma'am, go ahead in the back. 5 UNIDENTIFIED MALE VOICE: In looking at your 6 proposed area there, the bottom lot, it looks as if 7 they abut up to the golf course. 8 Do you anticipate making those -- 9 MR. YOVANOVICH: Can't hear? 10 UNIDENTIFIED MALE VOICE: Yes. 11 UNIDENTIFIED MALE VOICE: -- golf course lots 12 and taking down the fence that we currently have 13 and all the trees and everything that's on 14 Tiburon's golf course, are you anticipating that 15 all going away so you can sell golf course lots? 16 MR. YOVANOVICH: What I -- what I've just been 17 told is that all the trees will stay. The fence 18 will stay as it currently exists. 19 UNIDENTIFIED MALE VOICE: On the golf course. 20 MR. YOVANOVICH: On the golf course. 21 UNIDENTIFIED FEMALE VOICE: So they will not 22 be (indiscernible) . 23 MR. YOVANOVICH: On the golf course. The golf 24 course -- this area right here. Let's make sure 25 we're -- you're talking about right here? 13 •1 UNIDENTIFIED FEMALE VOICE: Yes. There and 2 all the way up the side. 3 MR. YOVANOVICH: Up this side here? 4 UNIDENTIFIED FEMALE VOICE: Not �I 5 (indiscernible) . 6 (Multiple simultaneous speakers.) 7 UNIDENTIFIED FEMALE VOICE: Right there. 8 MR. YOVANOVICH: That's all staying. Because 9 -- on the golf course is all staying as it is. 10 UNIDENTIFIED MALE VOICE: Just to point out, 11 WCI and Representative Linda Gallo (phonetic) who 12 lives in Wilshire Lakes is completely protected 13 from this (indiscernible) told us and told others 14 in Marsala that that area that you have shaded in 15 was 100 percent reserve that would never be built. 16 And we spent premium dollars on the lots right 17 across from that circle across the -- 18 MR. YOVANOVICH: Right here. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 UNIDENTIFIED FEMALE VOICE: Right there. 21 UNIDENTIFIED MALE VOICE: There. To the left, 22 to the left. A little bit down. Right in the face 23 of where that is. 24 UNIDENTIFIED MALE VOICE: Right. 25 UNIDENTIFIED MALE VOICE: And represented to 14 1 us and many others that that was preserve for 100 2 years, could never be touched. And I said, well, I 3 really like this other lot, it's cheaper. She -- 4 she sold me on the fact that that's premium ground 5 and you pay a premium for that lot knowing that 6 nothing would ever be built there. 7 That's the way WCI represented it, and there 8 are a lot of people that are not here that also 9 heard that. 10 And so I want to know, are they going to pay 11 us our premium? I'll take the premium. 12 UNIDENTIFIED FEMALE VOICE: Yeah, mine's 13 290,000. 14 UNIDENTIFIED MALE VOICE: Yeah. 15 (Multiple simultaneous speakers.) 16 UNIDENTIFIED FEMALE VOICE: It seems that WCI 17 has a conflict of interest here, because you've got 18 (indiscernible) make this representation to all of 19 us and now you want to (indiscernible) . 20 UNIDENTIFIED MALE VOICE: We'll take the 21 premium in cash is what we'll do. 22 UNIDENTIFIED FEMALE VOICE: Yes. 23 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 24 UNIDENTIFIED MALE VOICE: (Indiscernible) 25 answer the question (indiscernible) . 15 1 MR. YOVANOVICH: well, first of all, this is 2 -- what the purpose of tonight is, to talk about 3 what we're proposing to do on the property, to 4 listen to your concerns. I'm not going to get into 5 who said what to whom, because I wasn't in those 6 conversations. 7 I'm just here to tell you what we're proposing 8 to do on this particular piece of property, and we 9 can address those comments one on one in a 10 different -- in a different environment. 11 (Indiscernible) . 12 UNIDENTIFIED FEMALE VOICE: So, I guess it 13 would certainly satisfy a lot of us in this room if 14 we knew that when you say the trees will stay, 15 there are enough trees to constitute a complete 16 buffer. And so, in other words, your lots -- we 17 still have a preserve view and your lots are not 18 golf course accessible lots. 19 MR. YOVANOVICH: The trees on the golf course 20 are going to stay. 21 UNIDENTIFIED FEMALE VOICE: And how far -- 22 (Multiple simultaneous speakers.) 23 UNIDENTIFIED MALE VOICE: One tree? 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) or 25 are you going to level that entire area that was 16 1 designated as far as we were told as a preserve? 2 MR. YOVANOVICH: Well, first of all, at the 3 time -- I'm telling you right now, WCI, at that 4 time, didn't own the property. They don't own it 5 yet today. Again, I wasn't in any conversations 6 that were made to you. This piece of property 7 right here, whether it is WCI or someone else, can 8 be developed. Okay? 9 UNIDENTIFIED FEMALE VOICE: Yes. 10 UNIDENTIFIED MALE VOICE: Who can answer that 11 it was sold as a preserve? That's (indiscernible) . 12 MR. YOVANOVICH: You know what? If I were 13 here -- if I were here on behalf of XYZ company 14 instead of WCI, I would be telling you the same 15 thing I'm telling you right now. We would be 16 coming in to develop this property, exactly what 17 we're telling you right now. That's the highest 18 and best use for the property. 19 So just let's pretend I'm XYZ entity right now 20 so we don't get into I was told this, I was told 21 that. This property is developable. It was not 22 within the PUD boundaries, and we're moving forward 23 with this proposed project. 24 We'll address your individual concerns in a 25 different location at a different time. 17 1 Yes, ma'am. 2 UNIDENTIFIED FEMALE VOICE: As an attorney, it 3 seems to me that because of the fact that we were 4 all told that this was a preserve and we all spent 5 much more money than we would have and we were also 6 given a piece of paper, a site plan that showed it 7 as a preserve, what kind of recourse do we have? 8 MR. YOVANOVICH: Well, you don't really expect 9 me to answer that. 10 UNIDENTIFIED FEMALE VOICE: I don't, really. 11 I just thought I'd ask. 12 MR. YOVANOVICH: Well, you know, I'm here to 13 -- I'm here to tell you about a zoning project. 14 I'm not here to evaluate individual claims as to 15 what may or may not have been represented to you. 16 So let's (indiscernible) you may want to be 17 here to talk about that tonight, but I'm not 18 prepared, nor will I address those questions, but I 19 will talk about the project. 20 Let me take the gentleman in the back and then 21 I'll go to you, sir. 22 UNIDENTIFIED MALE VOICE: Can I ask you about 23 -- because there's a great concern about traffic. 24 MR. YOVANOVICH: Yes. 25 UNIDENTIFIED MALE VOICE: Which was brought 18 1 before. 2 See the line that you have entering that 3 property? Why would you not diagonal take it and 4 take it much further away from us? If you're going 5 to go -- 6 MR. YOVANOVICH: (Indiscernible) we've got to 7 go -- 8 (Multiple simultaneous speakers.) 9 UNIDENTIFIED MALE VOICE: If you're going to 10 go, why -- and I know it's only 600 feet, why not 11 go farther north? 12 MR. YOVANOVICH: The most I could go is 13 probably 50 feet difference. Because I've got at 14 least 660 from up here, okay? 15 UNIDENTIFIED MALE VOICE: That would make a 16 good barrier along the edge, where the golf course 17 (indiscernible) . 18 MR. YOVANOVICH: Just say we go, you know, a 19 couple -- a couple of different things, and tell me 20 where I'm (indiscernible) wrong (indiscernible) . 21 This is all designated reserve. 22 UNIDENTIFIED FEMALE VOICE: Right. 23 MR. YOVANOVICH: That's another word for 24 preserve. 25 UNIDENTIFIED FEMALE VOICE: Right. 19 1 MR. YOVANOVICH: The minimal impact to the 2 preserve is to not bisect it any more than we have 3 to. So we are putting this the required minimum 4 distance from your entrance, from Marsala, that we 5 need to do, and minimally impact the integrity of 6 the preserve. Although we have more preserve than 7 were needed, we're minimizing the impact and 8 disconnecting, if you will, the existing preserve 9 to the minimum amount. 10 UNIDENTIFIED MALE VOICE: Could you not share 11 an entrance with Sienna Reserve? 12 MR. YOVANOVICH: No, we can't, because we 13 don't own Sienna Reserve any more than I can force 14 Wilshire Lakes to provide me access without going 15 to a judge. 16 UNIDENTIFIED FEMALE VOICE: Do you own the 17 preserve? 18 MR. YOVANOVICH: What's that? 19 UNIDENTIFIED FEMALE VOICE: Do you own the 20 preserve that you're going to go through? 21 MR. YOVANOVICH: We are buying a portion of 22 the preserve. We don't own the preserve. 23 UNIDENTIFIED FEMALE VOICE: Now, what are -- 24 MR. YOVANOVICH: Okay. We don't own the 25 preserve. 20 1 UNIDENTIFIED FEMALE VOICE: Okay. So you 2 don't own the preserve. And I understand by our 3 board member it's a deeded preserve. And I -- I'm 4 Linda Joyce (phonetic) . I (indiscernible) saw a 5 letter. And environmental and traffic, everybody 6 else (indiscernible) these questions, because those 7 are the people that are really going to decide 8 this. 9 So you're -- you've come up with this magical 10 two acres, which we all have the same entrance. 11 And I don't -- I think that's grossly 12 underestimated. And I do understand, after talking 13 to environmental, that when you do an access road, 14 based on the size of the preserve, you have to have 15 a 15 to 50 feet or 20 to 50 feet buffer on each 16 side of that access road on top of that to make it 17 legal. All right. 18 So this road that you have in there looks very 19 tight to the golf course. Is that within those 20 boundaries? 21 MR. YOVANOVICH: I am -- I don't know where 22 you got your information. 23 UNIDENTIFIED FEMALE VOICE: Collier County. 24 MR. YOVANOVICH: I can tell you that I've been 25 through -- that we've been through the first set of 21 1 reviews. 2 UNIDENTIFIED FEMALE VOICE: Yes. 3 MR. YOVANOVICH: The only comment that I -- 4 UNIDENTIFIED FEMALE VOICE: Michael -- Michael 5 Sawyer (phonetic) . 6 MR. YOVANOVICH: I know (indiscernible) . 7 UNIDENTIFIED FEMALE VOICE: No, no, I -- f 8 that's -- you know, I'm asking the questions that 9 most people (indiscernible) who are going to 10 approve this road, and now I see this picture, and 11 I don't think it meets those standards. 12 MR. YOVANOVICH: Well, I can tell you that 13 this road has already been reviewed by Collier 14 County in its current location. The comments that 15 I heard from Collier County were (indiscernible) 16 subject to being (indiscernible) I don't have 17 everything remembered, is whether or not we can 18 take credit for everything on the south side of 19 that road as a preserve. And I don't care, because 20 I far exceed the Collier County required preserve. 21 We are showing this to remain as a preserve and not 22 to be developed on the south side of that road. 23 UNIDENTIFIED FEMALE VOICE: Well, you should 24 care, because the preserve is a preserve and it's 25 unfortunate when you do a master plan that you 22 1 don't take these -- these environmental standards 2 (indiscernible) . 3 MR. YOVANOVICH: Actually, ma'am, from -- from 4 what -- I didn't say -- I don't care from a 5 calculation -- 6 UNIDENTIFIED FEMALE VOICE: Okay. Thank you. 7 MR. YOVANOVICH: -- as to whether or not I get 8 to count whatever this area amounts to, three or 9 four acres in my overall preserve number because we 10 far exceed the requirements that the county has. 11 So that should tell you that the original developer 12 did, in fact, care about the environment because 13 they far exceeded the requirements for Collier 14 County. 15 Second of all, I can -- 16 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 17 buffer on (indiscernible) . 18 MR. YOVANOVICH: We meet the requirements. 19 The county -- 20 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 21 tell me that in traffic. 22 MR. YOVANOVICH: I can just tell you the 23 comments that we got did not say that this road 24 does not meet the required buffers. What it said 25 was you may not be able to count these three or 23 1 four acres towards your preserve number. 2 UNIDENTIFIED FEMALE VOICE: Okay. fi 3 MR. YOVANOVICH: It had nothing to do with the 4 buffers. 5 UNIDENTIFIED FEMALE VOICE: Okay. I'll meet 6 with them (indiscernible) . 7 MR. YOVANOVICH: (Indiscernible) . 8 UNIDENTIFIED MALE VOICE: And I'll poke at it. 9 I want to poke at it again. 10 If you simply move that road, I don't know 11 what the amount is, 50 feet further north, you 12 solve a huge amount of problems that everybody is 13 going to have south of it and potentially avoid a 14 lot of legal battles that are going to come on in 15 the future. 16 I mean, I'd like to just -- that's not a 17 wiggly road (indiscernible) close to the golf 18 course. Go -- go 50 feet further and you're going 19 to make a lot of people happy and it's going to be 20 good for you and us. 21 UNIDENTIFIED FEMALE VOICE: Why is the road so 22 close to the golf course anyway? 23 (Multiple simultaneous speakers.) 24 UNIDENTIFIED MALE VOICE: What's the timing of 25 (indiscernible) ? 24 1 MR. YOVANOVICH: The timing of this -- I don't 2 think we have our hearing set yet before the 3 Planning Commission. With any luck, Nancy, am I 4 going -- am I going before or after Christmas to 5 the Planning Commission? 6 MS. GUNDLACH: We don't know at this point. 7 MR. YOVANOVICH: So best guess is -- I don't 8 think I'm getting through the process this calendar 9 year (indiscernible) . So probably going to be 10 early in the winter, June -- I mean, January time 11 frame, my guess is. 12 UNIDENTIFIED MALE VOICE: For -- is that 13 approval? 14 MR. YOVANOVICH: For -- for approval. 15 Yes, ma'am? 16 UNIDENTIFIED FEMALE VOICE: Who, me? 17 MR. YOVANOVICH: Yes, ma'am. 18 UNIDENTIFIED FEMALE VOICE: Did I understand 19 that you said WCI does not own the property as yet? 20 MR. YOVANOVICH: Correct. They have it under 21 contract. 22 (Multiple simultaneous speakers.) 23 MR. YOVANOVICH: They -- I don't remember the 24 name of the owner who owns the property. 25 UNIDENTIFIED FEMALE VOICE: You're the lawyer. 25 1 MR. YOVANOVICH: I'm a lawyer for WCI, ma'am. 2 I can look at the application and tell you the 3 actual owner's name. 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 5 own it. I'm asking you. 6 UNIDENTIFIED FEMALE VOICE: It's important 7 (indiscernible) . 8 UNIDENTIFIED FEMALE VOICE: They don't own it 9 yet, right? 10 MR. YOVANOVICH: What I said was that WCI has 11 it under contract -- 12 UNIDENTIFIED FEMALE VOICE: Okay. 13 MR. YOVANOVICH: -- to buy the property. 14 UNIDENTIFIED FEMALE VOICE: Okay. 15 MR. YOVANOVICH: If you want me to look in the 16 application, I will tell you the exact names of the 17 current property owner. 18 UNIDENTIFIED FEMALE VOICE: I just find it 19 (indiscernible) you're the lawyer for WCI and 20 you're buying the property, you don't know who 21 (indiscernible) . 22 MR. YOVANOVICH: Because I don't represent 23 them in the transaction. I represent them in the 24 zoning (indiscernible) . But I could get that 25 information for you if it's important. 26 1 UNIDENTIFIED FEMALE VOICE: And just the 2 second part (indiscernible) . 3 UNIDENTIFIED FEMALE VOICE: Of course, it's 4 important. 5 MR. YOVANOVICH: Yes, ma'am. 6 UNIDENTIFIED FEMALE VOICE: Okay. Second part 7 of the question. 8 There's only one cut across Livingston right 9 now, and that's out of Marsala for all of it. 10 Are you going to have another cut? Because 11 you've got to -- okay. 12 (Multiple simultaneous speakers. ) 13 MR. YOVANOVICH: (Indiscernible) . Right. I 14 talked to the gentleman in the red shirt. We -- 15 we're not going to get a full (indiscernible) . 16 UNIDENTIFIED FEMALE VOICE: Okay. See, that's 17 another concern because -- 18 UNIDENTIFIED FEMALE VOICE: That's a major 19 concern. 20 UNIDENTIFIED FEMALE VOICE: -- here's what 21 happens. And I'm not -- I don't mean to be adverse 22 and (indiscernible) WCI, there's -- 23 UNIDENTIFIED MALE VOICE: (Indiscernible) . 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 25 building in Sienna, and all those places are doing 27 1 U-turns on our (indiscernible) . 2 UNIDENTIFIED FEMALE VOICE: Yes. We actually 3 have to back up to let some of the trucks 4 (indiscernible) . 5 UNIDENTIFIED FEMALE VOICE: There's going to 6 be a terrible accident there. 7 UNIDENTIFIED FEMALE VOICE: Right. 8 UNIDENTIFIED FEMALE VOICE: (Indiscernible) fi 9 trucks right now -- 10 UNIDENTIFIED MALE VOICE: Trucks right now -- I 11 (Multiple simultaneous speakers.) 12 MR. YOVANOVICH: Hey, I forgot to mention -- 13 hang on a second. Hang on a second. 14 I forgot to mention, one of the things we have 15 to do is we have to record the meeting. So we are 16 recording the meeting. So if we can try not to 17 talk over each other. Let one person talk at a 18 time. 19 So I understand what you're saying. Our 20 traffic consultant, Mr. Banks, can answer those 21 questions, but I can assure you that we are 100 22 percent compliant with the county transportation 23 requirements. 24 UNIDENTIFIED MALE VOICE: And I just want to 25 correct one thing that -- not correct, but add to 28 1 it. Rick said we are not going to get full access. 2 That's correct. We do not meet county standards. 3 We did talk to the county about possibly 4 having a left hand into the site, and that is still 5 up for discussion with the county as to whether or 6 not we're going to have a left-in access. 7 UNIDENTIFIED MALE VOICE: I would suggest 8 that's hugely important because otherwise people 9 will be coming from the north, down Livingston, 10 making a U-turn at the Marsala exit to get into 11 this property. That is a hugely important -- 12 MR. YOVANOVICH: We offered the same evidence 13 to the county. They're considering it, and it is 14 not out of the question that we will get a 15 (indiscernible) left. It's just not -- they have 16 not made a final decision on that. 17 So if you want to make a comment to county 18 transportation staff is, give us the left in that 19 we were asking for. 20 Yes, sir? 21 UNIDENTIFIED MALE VOICE: I'd like to address 22 a point that you've made a few times, that you're 23 not here to address individual concerns. These are 24 not concerns of individuals. There are many people 25 here in this room, all of whom had represented by 29 1 WCI that that entire area alongside the 12th hole 2 and the 13th hole was a preserve. We all paid E 3 premium prices to WCI, not XYZ, WCI. 4 So I take exception politely to your use of 5 the phrase "individual concerns." These are not ti 6 individual concerns. Many of us in Marsala had 7 represented to us that that was a preserve, never 8 to be developed. 9 UNIDENTIFIED FEMALE VOICE: And so toward that 10 end, again, I brought up, isn't it a conflict of 11 interest now for WCI, in particular, to try to 12 develop that property in a way that affects all of 13 our properties and, you know (indiscernible) didn't 14 really answer the question, what is anticipated in 15 terms of the trees, the preserves on -- on that 16 side of the fence? I mean, are you -- 17 MR. YOVANOVICH: That side, meaning the 18 development side? 19 UNIDENTIFIED FEMALE VOICE: The development 20 side. 21 MR. YOVANOVICH: The intent is to provide the 22 county's required landscape buffer on our side of 23 the fence. 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 25 So basically a couple of trees here and there -- 30 1 UNIDENTIFIED MALE VOICE: A couple of trees 2 (indiscernible) . 3 UNIDENTIFIED FEMALE VOICE: -- that would not 4 in any way resemble what we bought -- 5 MR. YOVANOVICH: Ma'am, this area right here, 6 the yellow, that's going to be developed, okay? 7 UNIDENTIFIED FEMALE VOICE: I understand. 8 MR. YOVANOVICH: So -- so that, yes, it will 9 all be (indiscernible) . And the -- what you guys 10 believed was going to be a preserve forever is not 11 going to be a preserve forever. 12 UNIDENTIFIED FEMALE VOICE: We were told 13 (indiscernible) . 14 MR. YOVANOVICH: I'm just answering the 15 question. I understand that you're upset. And I 16 understand that you may have been told one thing or 17 another. I'm not prepared to address the 18 individual or collective group's concerns about 19 that. I'm just here to tell you -- to give you 20 information on what's being proposed to be 21 developed on this property. 22 UNIDENTIFIED FEMALE VOICE: And in order -- in 23 order to do that, how much do you have to build up 24 that land? Because as it sits right now, we don't 25 see a whole lot of it. It's a swamp. How much of 31 1 it gets built up? Will it be level with the course 2 or what's the anticipation there? 3 UNIDENTIFIED MALE VOICE: The amount of fill 4 needed would be about similar to what Marsala 5 required, which is about three to four feet of 6 fill. 7 UNIDENTIFIED FEMALE VOICE: So it raises the 8 (indiscernible) golf course, so the anticipation is 9 you guys will be trying to market these as golf 10 course, from what I understand (indiscernible) ? 11 (Multiple simultaneous speakers.) 12 MR. YOVANOVICH: Yes, ma'am? 13 (Multiple simultaneous speakers.) 14 MR. YOVANOVICH: I don't know about the 15 marketing. Okay? I don't know. I don't know. 16 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 17 UNIDENTIFIED MALE VOICE: This is Wilshire 18 Lakes (indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: We have others, 20 but anyway, is there any way to get a handout with 21 how it impacts us somewhere online or anywhere? 22 It's kind of hard to see specific houses. We have 23 neighbors that are (indiscernible) in the back. 24 It's kind of hard to see from that visual exactly 25 how it impacts houses. 32 1 My question is do you have that visual 2 somewhere, online or someplace that 3 (indiscernible) ? 4 MR. YOVANOVICH: I believe what we have is the 5 conceptual plan that I'm showing you right now as 6 to what -- 7 UNIDENTIFIED FEMALE VOICE: Do you have it on 8 paper? 9 MR. YOVANOVICH: On paper? I can give it to 10 you on paper. We can e-mail it to you. 11 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 12 MR. YOVANOVICH: We can send you -- we can 13 e-mail you everything I've shown here today. 14 The lady in the striped shirt 15 UNIDENTIFIED FEMALE VOICE: Online 16 (indiscernible) marketing (indiscernible) . 17 UNIDENTIFIED MALE VOICE: (Indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 19 (Multiple simultaneous speakers.) 20 MR. YOVANOVICH: Ma'am, I -- I -- to be honest 21 with you (indiscernible) , so if that's what they're 22 advertising, that's what they're advertising. I'm 23 not going to hide from it. I don't -- I don't 24 know. I'm not involved in that part of the 25 project, so if that's what they're advertising, 33 1 that's what they're advertising. 2 UNIDENTIFIED MALE VOICE: Is it possible to 3 put the smaller scale view of the -- 4 N' MR. YOVANOVICH: Closer in? 5 UNIDENTIFIED MALE VOICE: Yes. All right. 6 Let me just point out, I'll take off my wanna-be 7 lawyer hat, and I am an engineer. 8 If you look at the scale of the current 13th 9 hole, that's the golf hole that's visible, look at 10 the scale -- 11 UNIDENTIFIED MALE VOICE: (Indiscernible) . 12 UNIDENTIFIED MALE VOICE: Yes, sir. The width 13 of that (indiscernible) area, and then look at the 14 lot across from it. There is room between those 15 two for a very skinny pine trees. So there's not 16 going to be a buffer of vegetation between those 17 two spots. Those houses are going to be wide open 18 to the golf course. 19 UNIDENTIFIED FEMALE VOICE: Yes. 20 UNIDENTIFIED FEMALE VOICE: So they said they 21 weren't removing the fence. 22 UNIDENTIFIED MALE VOICE: (Indiscernible) 23 building goes up to (indiscernible) . 24 UNIDENTIFIED FEMALE VOICE: Well, I hesitate 25 (indiscernible) . 34 1 UNIDENTIFIED MALE VOICE: Right there. 2 UNIDENTIFIED MALE VOICE: (Indiscernible) . 3 MR. YOVANOVICH: Do we have -- Sharon, do we 4 have this same thing (indiscernible) PowerPoint? 5 And I know, Mike, and I know the people in the 6 back are not going to be able to see this, but this 7 -- this yellow is the property line. We're talking 8 about the area the gentleman just mentioned. 9 This -- are the trees (indiscernible) along here as 10 well as along here. 11 UNIDENTIFIED MALE VOICE: And I -- I would 12 suggest -- 13 (Multiple simultaneous speakers. ) 14 UNIDENTIFIED MALE VOICE: -- that on the 15 left-hand side, there's room for one 16 (indiscernible) sickly pine tree. 17 MR. YOVANOVICH: I don't mean to pretend to be 18 an engineer or an arborist, but I can tell you 19 (indiscernible) there's more than one palm tree 20 (indiscernible) -- 21 UNIDENTIFIED FEMALE VOICE: Maybe two. 22 MR. YOVANOVICH: -- more than one pine tree 23 width in those areas as we sit here (indiscernible) 24 right now. 25 UNIDENTIFIED MALE VOICE: I disagree. 35 1 MR. YOVANOVICH: Yes, ma'am. 2 UNIDENTIFIED FEMALE VOICE: (Indiscernible) ) 3 golf course about this property, the Tiburon golf 4 course, because that's the other thing 5 (indiscernible) sanctioned, you know 6 (indiscernible) . 7 MR. YOVANOVICH: We are not touching the golf 8 course. 9 UNIDENTIFIED FEMALE VOICE: And that's beyond 10 the trees, there's no (indiscernible) there's no 11 wildlife, no birds, nothing coming. You're taking 12 every -- 13 MR. YOVANOVICH: The golf -- the golf course 14 that was developed was developed understanding that 15 the golf course did not include this property. So 16 the golf course is not being changed at all by what 17 we're proposing to develop. 18 (Multiple simultaneous speakers.) 19 UNIDENTIFIED FEMALE VOICE: Well, it is being 20 changed (indiscernible) going to be changed if 21 there's no wildlife (indiscernible) . 22 MR. YOVANOVICH: There's no wildlife? 23 UNIDENTIFIED FEMALE VOICE: There is now. 24 (Multiple simultaneous speakers.) 25 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 36 1 all the trees and all the water and everything else 2 that's there. 3 UNIDENTIFIED FEMALE VOICE: They don't care 4 about (indiscernible) . We've got to -- we've got 5 to (indiscernible) Collier County (indiscernible) . 6 You've got to contact the (indiscernible) 7 department. They're going to be subject 8 (indiscernible) . 9 MR. YOVANOVICH: (Indiscernible) . 10 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 11 Linburger (phonetic) sorry. I -- 12 MR. YOVANOVICH: (Indiscernible) . 13 (Multiple simultaneous speakers.) 14 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 15 you look at the (indiscernible) . 16 (Multiple simultaneous speakers.) 17 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 18 and Vanderbilt where they just are building the 19 assisted living, that was (indiscernible) , right? 20 MR. YOVANOVICH: Yes. 21 UNIDENTIFIED FEMALE VOICE: But now, when you 22 got there, there's the skinniest little 23 (indiscernible) trees. It's just like they took 24 down every single ounce of trees. There's hardly 25 anything there. I walk all the time in the park 37 ( 1 that's to the north. Again, I walk there. I ride 2 my bike. I take my dog. 3 I go around the back one day. It's Sienna 4 Reserve. I know that's not you. They took down a 5 huge swath of trees, again, almost right up to the 6 -- so everything that was surrounded beautiful in 7 the park now has a huge hole in it, looking at 8 houses in Sienna Reserve. 9 And so my point of view is so if you're doing 10 the same thing here, I understand progress and 11 people want to come to Naples. It's a great place. 12 I get that. I'm not saying you should never build 13 again once we're here. 14 But when you take down every single tree, it 15 seems, and you leave the skinniest of buffers, it 16 really -- is that right? I don't know. 17 MR. YOVANOVICH: Okay. (Indiscernible) had a 18 chance yet and wants to say something. Then I'll 19 go back -- 20 UNIDENTIFIED FEMALE VOICE: Okay. I -- sorry. 21 I have e-mailed WCI because I have a question 22 concerning the HOA fees. 23 As part of our (indiscernible) we pay a 24 separate HOA fee of $1,000 to Tiburon to help pay 25 for the gates and everything. By adding this on to • 38 1 our community, I was e-mailed this past week or 2 whatever, and they don't have to pay that $1,000. 3 They don't have to become members of Tiburon the 4 way we were. 5 So, really, you're calling this an extension 6 of the master plan, but it doesn't feel like a 7 master plan when they're not contributing to the 8 community that we all invested in. 9 MR. YOVANOVICH: Okay. That seemed like a 10 statement, so -- 11 UNIDENTIFIED FEMALE VOICE: No. So why aren't 12 they paying the $1,000 to Tiburon, the $1,012 or 13 whatever that was (indiscernible) separately from 14 Marsala's HOA fees, if they're part of the 15 community with golf course views? 16 MR. YOVANOVICH: We'll get back to you on 17 (indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: Okay. 19 MR. YOVANOVICH: (Indiscernible) answer. 20 UNIDENTIFIED FEMALE VOICE: I e-mailed that 21 (indiscernible) . I was just told they -- they 22 wouldn't be required. 23 UNIDENTIFIED MALE VOICE: Rick, who do I go to 24 or where do I go to, to get assurance that the 25 lights coming down that -- that -- down that street 39 1 that are going to turn right through my backyard 2 (indiscernible) property buffered, how do I -- how 3 do I get that dealt with? 4 MR. YOVANOVICH: Are you talking about 5 streetlights that will be -- 6 UNIDENTIFIED MALE VOICE: Yeah, car lights 7 coming down on that road (indiscernible) . 8 MR. YOVANOVICH: You're right here, right? 9 UNIDENTIFIED MALE VOICE: Yeah. 10 MR. YOVANOVICH: Okay. 11 UNIDENTIFIED MALE VOICE: As they turn that 12 corner, they're going to sweep my backyard every 13 five minutes. 14 MR. YOVANOVICH: Okay. Let me -- let me get 15 you the proposed buffer and what will remain so you 16 can get an idea as to what's -- what's going to be 17 there besides the house itself blocking those 18 lights. 19 UNIDENTIFIED MALE VOICE: Thank you. 20 MR. YOVANOVICH: Ma'am? 21 UNIDENTIFIED FEMALE VOICE: The same with 22 (indiscernible) coming down there. All of us that 23 live along here, we're going to have street -- car 24 lights right into our backyards. 25 MR. YOVANOVICH: I think -- let us get you a 40 1 plan that shows the proposed buffer, what will be 2 there, what exists today, so you'll have a better 3 understanding as to those traffic light issues or 4 car (indiscernible) issues. 5 Yes, sir. 6 UNIDENTIFIED MALE VOICE: How much are you 7 paying for the property? 8 MR. YOVANOVICH: I don't know. And I don't 9 know that that (indiscernible) know. I don't think 10 it's relevant to the zoning hearing. 11 UNIDENTIFIED MALE VOICE: Some communities 12 have purchased property to try to stop 13 (indiscernible) . 14 MR. YOVANOVICH: I'm sure that this property 15 has been on the market for awhile and there was an 16 opportunity for different communities to buy that 17 land. It didn't happen, and, you know -- 18 UNIDENTIFIED MALE VOICE: Is there an 19 opportunity for WCI to place a berm, an elevated 20 berm between what you're developing, between your 21 property and Wilshire and your property and Marsala 22 (indiscernible) residents to help eliminate some of 23 the issues? A berm maybe, I don't know, 15 feet 24 high, something like that, that would create, 25 obviously (indiscernible) there, and leaving 41 1 everybody else fairly (indiscernible) what they 2 have. That's an idea. That's an option. 3 (Indiscernible) . 4 MR. YOVANOVICH: It's (indiscernible) a 5 15-foot high berm and (indiscernible) . 6 UNIDENTIFIED MALE VOICE: (Indiscernible) golf 7 course. 8 UNIDENTIFIED MALE VOICE: I don't know. 9 MR. YOVANOVICH: 60-foot area just to put the 10 berm in. That's pretty prohibitive. 11 UNIDENTIFIED MALE VOICE: Well -- 12 MR. YOVANOVICH: Anybody else? Going around 13 the room. Over on this side. Anyone? 14 UNIDENTIFIED MALE VOICE: I'd -- I'd still 15 like to get an answer to the question. You said 16 you're an attorney for WCI (indiscernible) . 17 I just want to know what WCI's position is on 18 their sales representatives blatantly lying to 19 multiple customers. That's all. It's not 20 (indiscernible) . I'm not (indiscernible) . Who do 21 I talk to? (Indiscernible) silence. 22 UNIDENTIFIED MALE VOICE: It's called -- 23 UNIDENTIFIED MALE VOICE: (Indiscernible) all 24 the time. 25 UNIDENTIFIED MALE VOICE: It's called a class 42 1 action, and you got a lot of guys to get in with 2 you. 3 UNIDENTIFIED MALE VOICE: Yeah. Well, let's 4 end this practice. 5 UNIDENTIFIED MALE VOICE: (Indiscernible) . 6 UNIDENTIFIED MALE VOICE: This is a ridiculous 7 information session. Nothing is being provided 8 that we didn't already know. This is WCI 9 (indiscernible) initially about a BS information 10 system, or informing us about what we already know 11 and we're getting fleeced, period. You know, 12 you're not kidding anybody. 13 MR. YOVANOVICH: Anyone else? 14 UNIDENTIFIED MALE VOICE: You know 15 (indiscernible) do that, okay? It's a joke. 16 MR. YOVANOVICH: Anyone else? 17 UNIDENTIFIED MALE VOICE: Linda Gallo, use her 18 as a real estate agent. She's phenomenal. 19 Phenomenal. 20 MR. YOVANOVICH: (Indiscernible) . Yes, ma'am. 21 UNIDENTIFIED FEMALE VOICE: What you said 22 really bothers me, and I don't live in a WCI house. 23 But you said what you were told initially by WCI 24 doesn't make any difference. 25 MR. YOVANOVICH: I didn't say that. 43 1 UNIDENTIFIED FEMALE VOICE: Yes, you did. 2 MR. YOVANOVICH: No, I did not. I said I am 3 not here to address those individual issues because 4 I wasn't in the conversations. I never said -- 5 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 6 WCI was. 7 MR. YOVANOVICH: I don't care -- 8 UNIDENTIFIED FEMALE VOICE: But you represent 9 WCI. 10 MR, YOVANOVICH: I represent WCI on an end-use 11 matter, and they've always been a good client and 12 they've always been -- they have never once 13 misrepresented to me as a lawyer -- 14 UNIDENTIFIED MALE VOICE: Wow. You're lucky. 15 MR. YOVANOVICH: (Indiscernible) . 16 UNIDENTIFIED FEMALE VOICE: But, see, these 17 people (indiscernible) . 18 MR. YOVANOVICH: I hear what everybody is 19 saying. I do. 20 (Multiple simultaneous speakers.) 21 MR. YOVANOVICH: I hear what everybody is 22 saying, but this isn't the forum to address those 23 issues. It doesn't mean I don't care. I'm just 24 saying (indiscernible) issue. 25 UNIDENTIFIED MALE VOICE: (Indiscernible) . 44 1 MR. YOVANOVICH: You -- you -- the gentleman 2 in the red shirt or the green shirt, whatever color 3 that is, talk to him about (indiscernible) . 4 UNIDENTIFIED MALE VOICE: It's called a class 5 action suit. 6 UNIDENTIFIED FEMALE VOICE: Who are we talking 7 about? 8 MR. YOVANOVICH: Yes, ma'am? This gentleman 9 right here, I'll point him -- 10 UNIDENTIFIED MALE VOICE: Here. 11 MR. YOVANOVICH: Right here. 12 UNIDENTIFIED FEMALE VOICE: I guess this is 13 more of a county question. 14 (Multiple simultaneous speakers.) 15 UNIDENTIFIED FEMALE VOICE: How does the 16 county -- okay. I'm a realtor, too, and so I 17 definitely sell homes (indiscernible) preserve and 18 they're a deeded preserve, and that really is a 19 great thing. 20 How does the county justify -- 21 MR. YOVANOVICH: Ma'am, one thing -- 22 UNIDENTIFIED FEMALE VOICE: -- changing a 23 deeded preserve for an entrance to build more homes 24 just because that builder couldn't get access 25 through two other neighborhoods? Because those two i I 45 1 other neighborhoods -- and we lived in Wilshire, 2 too, and now we live in Marsala, and I remember 3 living in Wilshire and we fought that for years and 4 years with the prior owner. 5 So I don't understand how the county, in their 6 right mind, could justify giving a developer 7 entrance and taking away a deeded preserve just for 8 an entrance because that developer just couldn't 9 come to terms with two other neighborhoods. I 10 mean, that seems to me like it's just kind of -- I . 11 don't know. I just think it's wrong. 12 UNIDENTIFIED MALE VOICE: (Indiscernible) . 13 UNIDENTIFIED FEMALE VOICE: Well, I know it's 14 (indiscernible) other things, but I just don't 15 think that's right, because originally a deeded 16 preserve, the county should stand by it and keep it 17 a deeded preserve. 18 That land isn't landlocked. You do a better 19 job negotiating with the two other neighborhoods 20 where you could gain access if you can negotiate a 21 deal, and to take deeded preserve away is, I think, 22 wrong. 23 MR. YOVANOVICH: Well, I don't really want to 24 get into what the law says about access, but I do 25 know the law says you can't have landlocked 46 1 property. 2 UNIDENTIFIED FEMALE VOICE: But you have two 3 other opportunities (indiscernible) . 4 MR. YOVANOVICH: I know what the law says. 5 I've got to get the most convenient access. So we 6 can have a lawsuit where I bring Marsala in, I 7 bring Wilshire Lakes in and I can say, Your Honor, 8 you pick, tell me where to go. Or I can through 9 here. They're all adjacent properties. 10 What the -- the county doesn't involve itself 11 in where you get your access. We meet all of the 12 county's regulations, all of the county's 13 regulations, and that's what they measure a project 14 against, do we meet the county regulations. And if 15 we meet the county regulations as a property owner, 16 we're entitled to develop our property. 17 This property is 100 percent compliant with 18 the county regulations. Access (indiscernible) I 19 could go have the lawsuit with Wilshire Lakes if 20 that's what it will take. And the Judge will 21 either say go through Wilshire Lakes or go through 22 where we ultimately went through. That's what the 23 Judge would ultimately have to decide because we're 24 a landlocked property. It's not going to go 25 (indiscernible) . And going through Wilshire Lakes, 47 ( 1 I'm sure this table right here would be just as 2 upset and fighting to the death to not let us go 3 through Wilshire Lakes -- t 4 (Multiple simultaneous speakers.) 5 UNIDENTIFIED FEMALE VOICE: The county 6 (indiscernible) preserve (indiscernible) . 7 UNIDENTIFIED MALE VOICE: (Indiscernible) 8 manipulated all of us, because we live in Wilshire 9 Lakes (indiscernible) stopped a lot of what was 10 done because it's just not right the way you guys 11 have handled it, but, you know, we'll discuss that, 12 like you said, at a different time (indiscernible) . 13 MR. YOVANOVICH: Yes, sir. 14 UNIDENTIFIED MALE VOICE: Is there, in fact, a 15 representative of Collier County here? 16 MR. YOVANOVICH: Yes. Nancy Gundlach. She's 17 right there. 18 UNIDENTIFIED MALE VOICE: Nancy, I don't want 19 to put you on the spot here (indiscernible) . 20 There's the president of our board of directors. 21 Could you please give him your e-mail address 22 so that we can approach (indiscernible) . 23 MS. GUNDLACH: Yeah. My business -- 24 UNIDENTIFIED MALE VOICE: So that we can 25 follow up and better understand the (indiscernible) 48 1 what's going to happen when and what opportunities 2 we have to voice our concerns to you folks? 3 MS. GUNDLACH: Yes. 4 UNIDENTIFIED MALE VOICE: Thank you. 5 MS. GUNDLACH: My business card is on the 6 table where you signed in. 7 UNIDENTIFIED MALE VOICE: Excellent. 8 MS. GUNDLACH: So please feel free to pick it 9 up on your way out. 10 UNIDENTIFIED MALE VOICE: Thank you. 11 UNIDENTIFIED FEMALE VOICE: And she's very 12 (indiscernible) . 13 UNIDENTIFIED MALE VOICE: You're Sharon? 14 MS. GUNDLACH: I'm Nancy. 15 UNIDENTIFIED MALE VOICE: Oh, Nancy. 16 MS. GUNDLACH: I think Sharon is -- 17 UNIDENTIFIED MALE VOICE: I'm Sharon. 18 UNIDENTIFIED MALE VOICE: I thought that 19 (indiscernible) . 20 MS. GUNDLACH: She might have scared -- oh, 21 there you are. 22 MR. YOVANOVICH: Oh, there's Sharon. There's 23 Sharon Umpenhour. She works with Wayne 24 (indiscernible) . 25 UNIDENTIFIED MALE VOICE: I've got your card. 49 1 MR. YOVANOVICH: She's our point of contact 2 and Nancy is the county's -- I thought I introduced 3 Nancy, but if I didn't, I apologize. 4 Anyone else? 5 Well, thank you for coming and that's the end 6 of the meeting. 7 (Recording concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 49 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: September 11, 2015 Joyce B. Howell 19 20 21 22 23 24 25 1 1 • 2 3 4 5 6 TRANSCRIPT OF THE 7 NEIGHBORHOOD INFORMATION MEETING 8 FOR PELICAN MARSH DRI/PUD 9 May 2, 2016 10 11 12 13 14 Appearances: 15 WAYNE ARNOLD 16 RICHARD YOVANOVICH, ESQ. 17 BARRY ERNST 18 MIKE DELATE 19 MARCO ESPINAR 20 JIM BANKS 21 SHARON UMPENHOUR 22 23 24 25 3 2 1 MR. ARNOLD: All right. Go ahead and restart. 2 I'm Wayne Arnold, and I'm here representing 3 GradyMinor & Associates and WCI Communities, who 4 are amending the Pelican Marsh DUI and PUD, and let 5 me make some introductions. 6 Sharon Umpenhour, sitting here in the pink 7 blouse, and she's going to help with some of the 8 graphics, and she's also recording the meeting. 9 We're required by the county to record the 10 proceedings and provide them with a transcript of 11 the meeting. So we'll be doing that. 12 In the back of the room against the door is 13 Barry Ernst with WCI Communities. Next to him is 14 Rich Yovanovich, the land use attorney that's 15 assisting in the case. We have Mike Delate, our 16 project civil engineer sitting here. And we have 17 Marco Espinar, who is our environmental consultant. 18 And we also have Jim Banks, who is our traffic 19 consultant in the project. I think that has got 20 everybody that's involved in the team. 21 I did want to also introduce Nancy Gundlach, 22 who is the principal planner and is here for the 23 county. This is our meeting. Nancy's here 24 monitoring it to hear what some of the feedback is 25 that we may get from questions and answers, but 1 3 4d 1 it's a meeting that we're required to hold as part 2 of the process before we proceed to our public 3 hearing before the Planning Commission and the 4 board. 5 And in this process, we'll have two required 6 public hearings. We have to have a Planning 7 Commission public hearing. And I'm sorry. I don't 8 remember the date off the top of my head, Nancy, 9 for that. 10 UNIDENTIFIED FEMALE VOICE: June 2nd. 11 MR. ARNOLD: June 2nd is our date for that, 12 and that will follow with, I believe, a July 13 hearing date for the Board of County Commissioners, 14 anticipating before they get off for their summer 15 recess. 16 So if you received notice of this meeting, 17 you'll be receiving a notice from the county 18 regarding the Planning Commission hearing, and 19 then, of course, you'll see the zoning signs. They 20 will be posted on the property. They're the 21 four-by-eight boards, and there will be a number of 22 those posted throughout all of Pelican Marsh, just 23 not -- not just the area that's -- what's called 24 Sorrento or the Pelican Marsh East, as we also call 25 it. 3 4 1 So what we're doing tonight is proposing to t! 2 add 43 plus or minus acres to the overall Pelican 3 Marsh PUD, all of it east of Livingston Road. It's 4 highlighted in black on this exhibit. 5 And the last application we had filed, we're 6 now adding -- close it, Sharon -- 13 acres more 7 than we had previously -- no -- 8 MS. UMPHENHOUR: 11.8. 9 MR. ARNOLD: 11.8 acres, I'm sorry, 11.8 acres 10 more than we had previously started with. Those 11 two areas that we're adding will come in as 12 preservation areas for the PUD. 13 This shows it in the context of an aerial 14 photograph. Again, here was the property that we 15 originally submitted. You can see there are areas 16 on the next slide here and here that will be added 17 and comprise that acreage, and they're highlighted 18 in orange for you to show you what has been amended 19 for our prior application. 20 And, again, those orange areas will come in as 21 preservation areas as part of the overall Pelican 22 Marsh PUD. 23 So the Pelican Marsh PUD, it's obviously an 24 existing planned development. It's been developed 25 substantially with a number of units, a couple 5 1 thousand of those. It's entitled for about 4,800. ti 2 We're proposing to restrict this acreage we're 3 adding to a maximum of 66 single-family dwelling 4 units. We're not proposing to add any new dwelling 5 units to the overall PUD. WCI controls the unbuilt 6 units that are still out there and available and we 7 will use 66 of those units to be built on what's 8 called Sorrento or the 43 acres that we're adding 9 east of Livingston Road. 10 This is the DRI master plan. You can see on 11 that, it's really a conceptual exhibit, but none of 12 that property we're talking about to the east over 13 here exists on that. So what we've added is an R1 14 designated tract with preservation area there, 15 there and a little bit on the bottom of the 16 proposed cul-de-sac that we had. 17 So we have that as the DRI map H and also we 18 made the same amendments to the Pelican Marsh PUD 19 conceptual master plan. 20 This is what some of you who attended our last 21 neighborhood meeting saw. This was an exhibit that 22 showed our proposed access point on Livingston 23 Road, a long series of cul-de-sacs that goes to 24 what was originally proposed to be 72 homesites. 25 We've restricted that now to 66. 6 1 And Sharon, if you -- I know we've got this 2 Microsoft alert. We can go to the next slide. 3 That shows you the new boundary for the 43 4 plus or minus acres, and it shows you that we're 5 going to have preserve here, here and these two 6 little pieces, the eastern leg. And those abut 7 preserve for Wilshire Lakes, an additional preserve 8 that's already part of the Pelican Marsh project. 9 UNIDENTIFIED MALE VOICE: What's the blue? 10 MR. ARNOLD: So that reflects the current 11 development scheme. 12 UNIDENTIFIED MALE VOICE: What's the blue? 13 MR. ARNOLD: Blue are proposed lakes. 14 Sharon, if you want to go to the next slide 15 for me. 16 This is kind of a side-by-side version showing 17 you the plan that we were proposing last fall. 18 This is the plan that's coming in as part of the 19 proposed amendment. And I think the side-by-side 20 was probably the best representation to show you 21 kind of the before and after, if you will, those of 22 you who are familiar with it. 23 UNIDENTIFIED MALE VOICE: Excuse me. Will we 24 get a copy of these -- a color copy of all your 25 (indiscernible) ? 4i 7 1 MR. ARNOLD: If you want to leave an e-mail 2 address with Sharon or something, we'll be happy to 3 e-mail it to you, but I didn't bring hard copies 4 because we obviously don't know how many people are 5 ever going to attend these. 6 UNIDENTIFIED MALE VOICE: And you would e-mail 7 it to us? 8 MR. ARNOLD: Absolutely. Yeah, that's true. 9 UNIDENTIFIED MALE VOICE: Excuse me. So that 10 the lines, the diagram there, are those accurately 11 surveyed lines or are those just put there for 12 illustrative purposes? 13 MR. ARNOLD: Well, these are illustrative, but 14 we have full boundary surveys for all of the 15 property. 16 UNIDENTIFIED MALE VOICE: So we can get 17 something that shows precisely where these things 18 are coming in? 19 MR. ARNOLD: Well, I don't have a survey of 20 each individual lot because WCI hasn't settled on 21 their final exact configuration, but the boundaries 22 of the project -- 23 UNIDENTIFIED MALE VOICE: You have the 24 boundaries relative to the (indiscernible) golf 25 course (indiscernible) -- 8 1 MR. ARNOLD: Uh-huh. 2 UNIDENTIFIED MALE VOICE: -- you know, the 3 other preserve area. 4 MR. ARNOLD: Yeah. I think the line work we 5 have is fairly accurate. I mean, at this scale, I 6 put a line on there, it's, you know, three feet 7 wide when you get in realtime down on the ground. 8 So it's -- 9 UNIDENTIFIED MALE VOICE: And are the property 10 boundaries marked on that? In other words, where 11 does the -- the property boundary for the golf 12 course really exist on that document? 13 MR. ARNOLD: It doesn't on this exhibit. 14 These are conceptual and I've tried to identify 15 generally where those boundaries are that we're 16 dealing with, but that's not a rectified boundary 17 survey line (indiscernible) . 18 UNIDENTIFIED MALE VOICE: But we can't get a 19 document that has that? 20 MR. ARNOLD: I can give you a copy of the 21 boundary survey. I don't know that it's going to 22 mean a lot to you because it's not going to locate 23 your golf holes. It's a boundary survey for the 24 property that's being added. 25 UNIDENTIFIED MALE VOICE: But it will show ff 9 1 basically the edge of the golf course and the 2 property line of the golf course, and then a 3 diagram of where you're placing the overall -- not 4 necessarily each individual lot. 5 MR. ARNOLD: Uh-huh. 6 UNIDENTIFIED MALE VOICE: The overall scheme 7 of -- 8 MR. ARNOLD: The overall assemblage, yes. We 9 have a legal. 10 UNIDENTIFIED MALE VOICE: Okay. 11 UNIDENTIFIED MALE VOICE: But -- 12 MR. ARNOLD: Okay. Sharon, we'll go next. 13 Hang on just a second. I've only got a couple more 14 slides and we'll open up for everybody's questions. 15 MR. DELATE: Wayne, just a comment. 16 MR. ARNOLD: Okay. This is Mike Delate, by 17 the way. 18 MR. DELATE: So, in that slide on the right 19 there, where it says preserve, that block on the 20 north is preserve. 21 MR. ARNOLD: Right. 22 MR. DELATE: Those two -- there are lots that 23 continue all the way over to the west property 24 line. 25 MR. ARNOLD: Over here. 10 1 MR. DELATE: Yeah. 2 MR. ARNOLD: Yeah, uh-huh. 3 MR. DELATE: (Indiscernible) . 4 MR. ARNOLD: Oh, there? 5 MR. DELATE: Yeah. 6 MR. ARNOLD: Yeah. 7 MR. DELATE: That's just an entry 8 (indiscernible) . 9 MR. ARNOLD: Right. Okay. It would look more 10 like that. Thank you for clarifying that. 11 Want to go to the next slide? 12 This was also an exhibit that we had prepared 13 at the county's request showing our different 14 buffers. And through discussions with the 15 neighbors of Marsala, our line work on this parcel 16 changed significantly, so we're showing a larger 17 buffer area that will also be preserve in this 18 area. And, of course, these are two new preserves. 19 We also have a single story only commitment 20 for this portion of the site. And we had also, as 21 part of the process leading up to the last Planning 22 Commission hearing we're scheduled to have, made 23 commitments for enhanced buffers adjacent to the 24 parcels in Wilshire Lakes that some of you had 25 raised at our original neighborhood information iy 1 11 1 meeting where you were concerned about car lights 2 and things like that. 3 So the enhanced buffers have been placed in 4 those locations. And that was at the county 5 staff's request, and we've obliged, as well as 6 creating another buffer along the entrance road and 7 another buffer extending beyond our preserve area 8 next to Marsala. 9 UNIDENTIFIED MALE VOICE: Is that entrance 10 road exactly where it was last time or are you 11 going to move it a little north? 12 MR. ARNOLD: No. The access road is where it 13 was depicted last time. This line has been fairly 14 well established and the agencies have all seen it 15 and we think that that's the line they're 16 ultimately going to approve. 17 Any further push to the north bifurcated the 18 preserve in a greater way and this -- this created 19 the least impact to the preserve and met the 20 county's spacing criteria (indiscernible) . 21 UNIDENTIFIED MALE VOICE: What about the 22 cut-through from the -- of the median on 23 Livingston? 24 MR. ARNOLD: We've agreed that we're going to 25 do everything in our power to get a directional 12 1 left into the site. That's not up to us. It's up 2 to Collier County. They control Livingston Road 3 right-of-way, but we've made that statement to our 4 neighbors and we intend to pursue a directional 5 left into the site. 6 UNIDENTIFIED MALE VOICE: And what feedback 7 have you gotten from the county? 8 MR. ARNOLD: I think positive. Unfortunately, 9 there's been some changing staff positions down 10 there, so I don't want to say with as much 11 certainty as I would have six months ago, but I 12 think that Mr. Banks, I know, has had discussions 13 with them and we think we meet the criteria. 14 It's a safe location. It has several benefits 15 to the Marsala community as well as our community 16 for allowing construction access and things like 17 that. So we definitely want to pursue that. 18 UNIDENTIFIED FEMALE VOICE: I see single story 19 along the Marsala side. 20 MR. ARNOLD: Uh-huh. 21 UNIDENTIFIED FEMALE VOICE: Is there any plan 22 just single story along the Wilshire side? 23 MR. ARNOLD: Well, the final mix of single 24 story and potentially two story isn't really known, 25 but WCI knows that a certain mix of homesites in 13 1 any community are going to be a single family 2 option as opposed to two. So WCI felt confident in 3 designating that area for the single-story only. 4 But we don't know where else they may be. 5 UNIDENTIFIED FEMALE VOICE: For any specific 6 reason? 7 MR. ARNOLD: Well, I think there was concern 8 about golf course playability because it's so close 9 to the golf course in that location, and the view 10 from the golf playability of the hole. 11 Other questions? Everybody is okay with this? 12 (Multiple simultaneous speakers. ) 13 MR. ARNOLD: Sir, you had your hand up before. 14 UNIDENTIFIED MALE VOICE: Yeah. The preserve 15 area at the northwest end. 16 MR. ARNOLD: Yes. 17 UNIDENTIFIED MALE VOICE: That was preserve 18 before, no? 19 MR. ARNOLD: It's a -- it's in a conservation 20 easement, but it's not part of the Pelican Marsh 21 PUD. It was a conservation easement that was done 22 in favor of, I believe, the Water Management 23 District, and maybe the Corps, but it's not a 24 Collier County conservation easement, and that 25 would be our -- as part of bringing it in as the 14 1 reserve or preserve area, it would get a Collier 2 County conservation easement over it. 3 UNIDENTIFIED MALE VOICE: So it really doesn't 4 change the ultimate use of the property. It just 5 -- is it a density thing? 6 MR. ARNOLD: No. It really wasn't a density 7 thing, but it was lands that -- Host Marriott owns 8 that parcel as well as the larger preserve, and 9 cutting through their preserve, it just made sense 10 for Host (indiscernible) include everything that 11 they owned, which also included these two little 12 pieces. 13 UNIDENTIFIED MALE VOICE: That makes a lot of 14 sense, because my house is right across the street. 15 MR. ARNOLD: Oh, up here or -- okay. Good. 16 UNIDENTIFIED MALE VOICE: Did you say that 17 you're going to do multi-family in here? 18 MR. ARNOLD: No, sir. Single family only. 19 UNIDENTIFIED MALE VOICE: Did you say to -- 20 MR. ARNOLD: We have a designation to allow 21 single story only in this location. 22 UNIDENTIFIED MALE VOICE: Right. I mean, up 23 top. 24 MR. ARNOLD: We don't know the full mix of 25 what would be single family and -- or single story 15 1 and two story. 2 UNIDENTIFIED MALE VOICE: So I'm sorry. The 3 single story was in that whole cul-de-sac type 4 area? 5 MR. ARNOLD: Right here. It's noted single 6 story only right here. 7 UNIDENTIFIED MALE VOICE: I can't see -- oh, 8 okay. That's it. 9 MR. ARNOLD: Yes, ma'am. 10 UNIDENTIFIED FEMALE VOICE: Speaking of 11 preserve, which, of course, you know I'm quite 12 passionate about, how are you planning to protect 13 the wetlands and the wildlife habitat while 14 safeguarding the documented wildlife that live in 15 the preserve? 16 MR. ARNOLD: Well, as part of the permitting 17 process, in addition to going through the Collier 18 County zoning process, we're going through the 19 environmental resource permit which would obtain a 20 permit from the South Florida Water Management 21 District and the Army Corps of Engineers, and both 22 of those entities look at wildlife and wetland 23 issues and, you know, that's the process we go 24 through, and once we obtain those permits, and we 25 think we will, then that's -- that will come with 16 1 management plans, et cetera, that are components of 2 those permits. 3 Anybody on this side of the room? Questions, 4 comments? 5 UNIDENTIFIED MALE VOICE: Are you finished 6 with your slides? 7 MR. ARNOLD: Sure. I am. 8 UNIDENTIFIED MALE VOICE: Well, I have a 9 concern. Maybe it's on a different set of issues 10 than the things that have been brought up so far. 11 I own a building or part owner of a building 12 in Vanderbilt Galleria. 13 MR. ARNOLD: Okay. 14 UNIDENTIFIED MALE VOICE: And shortly after we 15 bought that building, WCI went bankrupt. WCI had 16 floated some bonds to pay for infrastructure, and 17 the responsibility to paying off those bonds went 18 to all of the buildings in my development. 19 So it cost us, really, a tremendous amount of 20 money over a ten-year time of period. So I 21 investigated how WCI was perhaps going to pay for 22 this, and though I certainly am not aware of the 23 intricacies of how they do things, but I notice 24 that the most recent bonds that they floated are 25 paying a rate of LIBOR plus 8 percent, which means 17 g3R 1 they are garbage bonds. 2 So I want to know what happens -- is there any 3 kind of reinsurance on this? There's going to have 4 to be new infrastructure built. What happens if, 5 in our precarious economy, things change around 6 again and this becomes empty property and with 7 infrastructure on it that no one can pay off? Will 8 that be dumped again on Pelican Marsh residents? 9 MR. ARNOLD: I don't know if I can answer 10 completely, but I can tell you that's not part of 11 the zoning process that we deal with, but I think 12 that -- Barry, this is not intended to be added to 13 the CDD. 14 MR. ERNST: What it sounds like, I'm not -- I 15 don't have all the details. We're talking about 16 the CDD? 17 UNIDENTIFIED MALE VOICE: Correct. 18 MR. ERNST: Okay. This -- we don't own or 19 control or have anything to do with the CDD. 20 UNIDENTIFIED MALE VOICE: At this point. 21 UNIDENTIFIED MALE VOICE: Yeah. 22 UNIDENTIFIED MALE VOICE: But once upon a 23 time, it was your responsibility to pay off this 24 multi-million dollar bond and now I'm paying 25 $120, 000 over ten years, which is a little 18 1 disturbing, and so I want the county to perhaps 2 investigate and make sure that there is backup 3 funding, there's reinsurance on these bonds or 4 whatever WCI is going to use to pay for this to 5 protect us. 6 MR. ERNST: Again, it wouldn't be WCI. It 7 would be the CDD. And I suggest contacting Neil 8 Dorrill and the (indiscernible) . 9 UNIDENTIFIED MALE VOICE: I've tried. I've 10 tried, and -- 11 MR. ERNST: Because WCI doesn't own or control 12 the CDD board at all. 13 MR. ARNOLD: And, specifically, there's a 14 process -- 15 UNIDENTIFIED MALE VOICE: Well, this is the 16 place I thought I could at least bring it up. 17 MR. ERNST: I understand. 18 UNIDENTIFIED MALE VOICE: This property is not 19 part of the CDD. 20 MR. ERNST: That's true, too. 21 UNIDENTIFIED MALE VOICE: And will not be 22 subject to CDD financing. So there's no risk at 23 the fact that your property is in the CDD, that you 24 will somehow become responsible for the debt or 25 however they finance the infrastructure here. 19 1 If you'll look at the PUD document and the DRI 2 documents, you'll see that we specifically excluded 3 this property from the community development 4 district. So you should be fine. 5 UNIDENTIFIED MALE VOICE: Okay. 6 UNIDENTIFIED MALE VOICE: And not have to 7 worry about that. That issue shouldn't rear its 8 head again. 9 UNIDENTIFIED MALE VOICE: Well, that was my 10 only issue. 11 UNIDENTIFIED MALE VOICE: Yeah. 12 MR. ARNOLD: All right. Thank you. 13 Any other questions, comments? 14 UNIDENTIFIED MALE VOICE: I have another -- 15 UNIDENTIFIED MALE VOICE: So when -- 16 MR. ARNOLD: Yes, sir. 17 UNIDENTIFIED MALE VOICE: -- when you go about 18 and start to initiate the construction there, from 19 what I, I guess, infer from all of this, is that 20 none of the trees that would be behind that -- that 21 line (indiscernible) shaded area, if you will, or 22 any of the vegetation will be damaged in any way -- 23 MR. ARNOLD: Oh, this (indiscernible) ? 24 UNIDENTIFIED MALE VOICE: No, no, no. I'm 25 looking down at the bottom now. g�g 5E } 20 1 MR. ARNOLD: Okay. 2 UNIDENTIFIED MALE VOICE: Yeah. So is there 3 anything that stipulates in whatever agreements 4 we're working up here that should any tree be 5 damaged in any way, especially if it's taken down 6 accidentally or whatever, that it will be replaced 7 with a tree of exactly the same type and size by 8 WCI as part of the project? 9 MR. ARNOLD: Well, I think the safest answer 10 is that will be designated for conservation 11 purposes. The county is going to allow us to only 12 remove non-native vegetation, and I don't know -- 13 UNIDENTIFIED MALE VOICE: Non-native 14 vegetation in front of that line. 15 MR. ARNOLD: No. If there's exotic vegetation 16 in preserve areas, you're required to remove the 17 exotic vegetation and you're required to keep it 18 out of the preserve in perpetuity. 19 UNIDENTIFIED MALE VOICE: So what does that 20 mean, then? That they're going to -- so if there's 21 anything now that's, for example, a lot of the view 22 comes from the -- let's say the opposite of the 23 coin, you can't see anything through, you're going 24 to go in that area that's all shaded and rip out 25 vegetation? 21 1 MR. ARNOLD: If there are Brazilian pepper or 2 melaleuca, we are required by law to remove those 3 trees. 4 UNIDENTIFIED MALE VOICE: And replace it with 5 anything? 6 MR. ARNOLD: No, not necessarily. 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) on 8 the golf course. 9 MR. ARNOLD: There are minimum standards. 10 We've agreed that that's going to be a minimum type 11 B buffer, which is a six-foot high maintained 12 opaque buffer. 13 UNIDENTIFIED MALE VOICE: Oh, wait a minute. 14 Wait a minute. I thought all the -- six-foot high? 15 I thought we were keeping all the trees there. 16 UNIDENTIFIED MALE VOICE: You are. 17 MR. ARNOLD: You are to the extent we can. 18 But I'm telling you, if I have to go remove exotic 19 vegetation, then I have to remove exotic 20 vegetation. 21 UNIDENTIFIED MALE VOICE: And have we 22 identified that there is any there? 23 MR. ARNOLD: There is some. 24 UNIDENTIFIED MALE VOICE: And to what extent? 25 MR. ARNOLD: There is some. 22 1 UNIDENTIFIED MALE VOICE: What is the extent 2 of it? 3 MR. ARNOLD: Not a lot. I mean, the county 4 considers a lot of this site to be native 5 vegetation. I don't know the exact number off the 6 top of my head. 7 UNIDENTIFIED MALE VOICE: And how can we find 8 out what that impact is? Part of it is -- part of 9 the reason I'm asking is when we watched that 10 building go up on Vanderbilt and Livingston, I 11 mean, they basically destroyed the back of the 12 property way beyond where the building was, right 13 up to the property line. They basically denuded 14 everything. 15 MR. ARNOLD: Uh-huh. 16 UNIDENTIFIED MALE VOICE: And what we don't 17 want to see is something like that happening over 18 here. So we really want to know the extent of what 19 you can do in that area, even though you've made an 20 agreement to create a buffer area. So a buffer 21 area that is basically, you know, porous in many 22 ways, to me, is not a buffer, but that's beyond -- 23 so I don't know -- I guess the basic point I'm 24 making is we don't know yet what that really means, 25 and that's the concern I have with the way this is 23 1 presented. 2 MR. ARNOLD: Okay. Yes, sir. 3 UNIDENTIFIED MALE VOICE: On your map here, 4 where is Sienna Reserve? 5 MR. ARNOLD: It is off the map up here. 6 UNIDENTIFIED MALE VOICE: Off the map? 7 MR. ARNOLD: To the north. 8 UNIDENTIFIED FEMALE VOICE: There you see it. 9 MR. ARNOLD: It's right there. 10 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 11 MR. ARNOLD: I'm sorry. The blank property to 12 the left right there. (Indiscernible) . 13 UNIDENTIFIED FEMALE VOICE: There it is. 14 (Multiple simultaneous speakers.) 15 UNIDENTIFIED MALE VOICE: Now, if there's 16 going to be -- the traffic situation concerns me. 17 And if there's going to be a cut-in to go into 18 Sienna Reserve, another cut-in to go to Sorrento, 19 another one for Marsala, that's going to be one 20 heck of a traffic situation there. 21 UNIDENTIFIED FEMALE VOICE: Uh-huh. 22 UNIDENTIFIED MALE VOICE: Why don't you 23 consider going through Sienna Reserve and coming 24 down this way instead of going through our 25 preserve? 24 1 MR. ARNOLD: Well, one, it's a private, gated 2 community. And secondarily, we'd have to go 3 through a preserve through their community as well. 4 There's no way to get to this parcel without going 5 through a preserve. 6 UNIDENTIFIED MALE VOICE: Well -- 7 MR. ARNOLD: It's been explored and we've 8 looked at that for the last year because we had 9 heard that from others, wanting to push our access 10 point to the north. 11 UNIDENTIFIED FEMALE VOICE: Actually, the 12 product -- 13 MR. ARNOLD: Excuse me. There was somebody 14 else over here that was ahead of you, Ms. Joyce 15 (phonetic) . We'll come back to you. 16 MS. JOYCE: Okay. 17 MR. ARNOLD: Yes, ma'am. 18 UNIDENTIFIED FEMALE VOICE: I have a question. 19 What is the price point of these homes and the 20 square footage and are you still advertising it as 21 golf course, lake view homes? 22 MR. ARNOLD: I don't know what WCI might be 23 advertising it as. 24 UNIDENTIFIED MALE VOICE: I don't think we're 25 advertising. I could be mistaken. 25 1 UNIDENTIFIED FEMALE VOICE: Well, you will 2 eventually. 3 UNIDENTIFIED MALE VOICE: We will, yes. 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 5 know about it. 6 UNIDENTIFIED MALE VOICE: Yes. I don't know 7 if the price point has been determined yet, but 8 they are going to be potentially 80-foot wide lots. 9 They could even be larger than 80-foot wide. And 10 the price point would be comparable to homes in the 11 area. So that could probably range from, what, 500 12 to a million or more? 13 UNIDENTIFIED FEMALE VOICE: Or more. 14 MR. ARNOLD: Yeah. We've established minimum 15 lot widths of 75 feet, which is consistent with 16 other parts of the Pelican Marsh community, and, of 17 course, Marsala was different. Their lots are a 18 little larger than that, for the most part. 19 UNIDENTIFIED FEMALE VOICE: But are you 20 advertising this as a golf course -- 21 MR. ARNOLD: This isn't being advertised yet 22 at all. 23 UNIDENTIFIED FEMALE VOICE: But it has -- but 24 that's the way -- originally, when you -- the 25 original verbiage, when I first heard about this 26 1 little area. 2 MR. ARNOLD: I don't think it came from our 3 side. 4 UNIDENTIFIED FEMALE VOICE: Really? 5 (Indiscernible) said that? 6 UNIDENTIFIED MALE VOICE: No. You know what 7 the advertising -- 8 UNIDENTIFIED MALE VOICE: We don't have a name 9 -- we haven't named this community yet, so -- 10 UNIDENTIFIED FEMALE VOICE: (Indiscernible) , 11 UNIDENTIFIED MALE VOICE: This is a working -- 12 it might be (indiscernible) . This is the working 13 name. 14 UNIDENTIFIED FEMALE VOICE: We have some 15 suggestions. 16 UNIDENTIFIED MALE VOICE: And we have not 17 advertised it. And it's not for sale yet. We 18 don't -- we don't own the property yet. 19 MR, ARNOLD: Okay. Ms. Joyce. 20 MS. JOYCE: Yeah, you know, I've been 21 researching a lot. You know that. And I can't 22 find documentation where you considered going 23 through -- which I have documentation that shows 24 the main entrance to the community of Sienna 25 Reserve from Livingston Road is a publicly 27 1 dedicated right-of-way, and Florida law, which I've 2 talked to an attorney -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MS. JOYCE: Yep, I have it right here. I have 5 the PUD. I can't find documentation where you have 6 explored it. And part of Florida law requires that 7 you explore that access. 8 MR. ARNOLD: I can assure you we've explored 9 access. 10 MS. JOYCE: Where's the documentation? 11 There's none with South Florida Water Management. 12 MR. ARNOLD: I don't know that I have to 13 provide any for them, but I know we -- 14 MS. JOYCE: I heard you did, but that's okay. 15 I'll follow through. 16 MR. ARNOLD: Okay. 17 UNIDENTIFIED MALE VOICE: What happens if you 18 don't get access, a separate cutoff in your 19 development? What's the traffic flow going to be? 20 MR. ARNOLD: There would be none. 21 MR. YOVANOVICH: The county (indiscernible) 22 the property. 23 There are two options. There's two options. 24 Force our way through Wilshire Lakes, which I'm 25 sure nobody wants. Get access to Livingston, which 28 1 we're allowed to have access to our property. 2 So we have two choices. Go through Livingston 3 or try to force our way through Wilshire Lakes, and 4 if you were at the last meeting, we talked about 5 how we had had discussions with Wilshire Lakes. 6 Wilshire Lakes did not want us to go through their 7 development any more than, I'm sure, Sienna Reserve 8 wants us to go through that project. 9 So what we did is we found legal access to our 10 property through the Host Marriott property, and 11 that access is legal. It will be permitted, and 12 that will be the access to our product. Otherwise, 13 we have a landlocked piece of property, and the 14 only people who would be stopping us from being 15 able to develop it would be Collier County, and 16 then it would become a taxpayer burden versus the 17 right way to resolve this is to allow access to a 18 landlocked piece of property. 19 UNIDENTIFIED MALE VOICE: Well, one of the 20 things that you said, Sienna Reserve might not like 21 it, but they're going to have a full -- full 22 service gate, manned 24 hours, what I understand. 23 Very expensive for 50 homes or whatever they have 24 in there. May very well want to share that cost 25 with you that would reduce the overall cost to 29 1 develop it. 2 So I don't know -- when you say they don't 3 want it, I mean -- 4 UNIDENTIFIED FEMALE VOICE: No, they don't 5 want it. 6 UNIDENTIFIED FEMALE VOICE: And no intrusion 7 into the preserve. 8 UNIDENTIFIED FEMALE VOICE: Right. 9 MR. YOVANOVICH: All of that green stuff above 10 the white, that's all preserve. 11 MR. ARNOLD: Including this. 12 MR. YOVANOVICH: So you're going through the 13 preserve? 14 UNIDENTIFIED FEMALE VOICE: How can you 15 (indiscernible) the preserve (indiscernible) going 16 to go through the preserve. It's already dedicated 17 as a preserve and now you turn around and say we're 18 the third person, you can't go Wilshire, you can't 19 do the other, so we now, in Marsala, our preserve, 20 you now -- we have to be stuck with you coming 21 through our preserve. 22 UNIDENTIFIED FEMALE VOICE: Uh-huh. 23 UNIDENTIFIED FEMALE VOICE: Why do you get 24 permission to go through a preserve? What's the 25 point of it being a preserve? 30 1 UNIDENTIFIED FEMALE VOICE: You're destroying 2 our views and the animals' habitat. 3 MR. ARNOLD: We're taking all of that under 4 consideration through our permitting process. 5 UNIDENTIFIED FEMALE VOICE: I feel like the 6 whole golf course on our side has just been 7 decimated by every development. They took every 8 tree away. 9 UNIDENTIFIED MALE VOICE: So when you go close 10 to the golf course there, will you be able to see 11 the cars going from the golf course, be able to see 12 the cars going through there? 13 UNIDENTIFIED MALE VOICE: Oh, yeah. 14 MR. ARNOLD: In this area? 15 MULTIPLE SPEAKERS: Yes. 16 MR. ARNOLD: Well, we've made a commitment on 17 our buffer exhibit that we have to maintain a type 18 B buffer, which requires opacity at six feet high. 19 So I don't know that you're not going to see -- I 20 don't think you're going to see those cars. 21 UNIDENTIFIED MALE VOICE: The same opacity you 22 were talking about on the other side? 23 MR. ARNOLD: Yes, sir. 24 UNIDENTIFIED MALE VOICE: First you're going 25 to rip out the the vegetation and then 31 1 (indiscernible) . 2 UNIDENTIFIED MALE VOICE: When we rip out the 3 vegetation (indiscernible) -- 4 UNIDENTIFIED MALE VOICE: Yeah. 5 UNIDENTIFIED MALE VOICE: -- in front of that 6 vegetation, there will be a six-foot tall hedge 7 that's required to reach a full opacity, soY ou 8 can't see through that hedge. So that hedge will 9 be there even if we remove (indiscernible) on the 10 other side. 11 UNIDENTIFIED MALE VOICE: That's -- can I -- 12 and that's six-foot tall at the day you put it in 13 or is it something you allow to grow to six feet? 14 MR. ARNOLD: It's grown -- 15 UNIDENTIFIED MALE VOICE: It has to reach six 16 feet, I think, within a year. 17 MR. ARNOLD: Within a year, yeah. 18 UNIDENTIFIED FEMALE VOICE: Oh 19 (indiscernible) . 20 MR. ARNOLD: Any other comments over here? 21 UNIDENTIFIED FEMALE VOICE: I can't find -- 22 obviously, it hasn't been approved yet, last I 23 heard, but has there been any discussions, because 24 I can't find any documentation, of the mitigation 25 you'll be required to pay either at Panther Island 5E 32 p� li 1 or on site or whatever, has -- is there any of 2 that, credits been determined? I read the November 3 5th letter, where it was first 13 credits and then 4 the -- the vegetation came back rare and less 5 exotics. 6 Is there a number somewhere sitting out there 7 that I can see for the impact of all this? 8 MR. ARNOLD: I'm not sure about that. There 9 probably are some estimates, but until you get the 10 final permit and you get the final credits, I don't 11 think we know that number with assurances. 12 UNIDENTIFIED FEMALE VOICE: Isn't that part of 13 the permit that you're looking for approval? 14 MR. ARNOLD: It is, but that permit is not 15 approved yet. 16 UNIDENTIFIED FEMALE VOICE: I know that -- 17 MR. ARNOLD: It's still going through review. 18 UNIDENTIFIED FEMALE VOICE: -- because I've 19 talked to them. That's -- I'm just asking -- since 20 the time I talked to them to the time of this 21 meeting, has there been a number determined on the 22 mitigation which -- 23 MR. ARNOLD: Is -- 24 UNIDENTIFIED FEMALE VOICE: -- for the impacts 25 to the wetlands and the wildlife and everything 33 1 else? 2 UNIDENTIFIED MALE VOICE: We're still 3 negotiating. 4 UNIDENTIFIED FEMALE VOICE: Okay. 5 MR. ARNOLD: They're still under negotiation 6 with the Water Management District on that point. 7 UNIDENTIFIED FEMALE VOICE: Okay. That's all 8 -- I wouldn't know that. 9 MR. ARNOLD: Okay. 10 UNIDENTIFIED MALE VOICE: You know, 11 transportation issues is my major concern. I think 12 you've addressed some of the other things that -- 13 working with our board. But it's hard enough to 14 see right now, when cars are coming and you're 15 trying to go out from Marsala -- 16 UNIDENTIFIED FEMALE VOICE: Uh-huh. 17 UNIDENTIFIED MALE VOICE: -- as cars start to 18 build, not very far from our -- traffic starts to 19 build turning in, it's going to be very difficult 20 to see over these cars. It's going to be very 21 dangerous. 22 That's why I really hope you reconsider Sienna 23 Reserve option again. 24 UNIDENTIFIED MALE VOICE: It's not going to 25 happen. 34 1 MR. ARNOLD: I mean, it's a function of 2 getting through Collier County government. They 3 control the Livingston Road, and as Rich said, we 4 believe we're entitled to access. So the question 5 is, where is that best and safest access point and 6 that's where we've proposed it. 7 Did I see somebody with their hand up over 8 there? 9 UNIDENTIFIED FEMALE VOICE: I did. 10 MR. ARNOLD: Yes, ma'am. 11 UNIDENTIFIED FEMALE VOICE: I was just going 12 to say gently that Steven Zuckerman (phonetic) owns 13 Sienna Reserve. I know him quite well. And 14 believe me, he's not going to let anybody come 15 through there that isn't buying his homes, and I 16 honestly understand that. Even if there were a 17 cost sharing, I think the people that live in 18 Sienna Reserve would have a conniption fit having 19 -- having bought a new property and they see it as 20 it is. I just -- I just think that would be a dead 21 horse possibly. 22 UNIDENTIFIED FEMALE VOICE: Ditto. 23 UNIDENTIFIED FEMALE VOICE: Yeah. 24 MR. ARNOLD: Any other comments back there? 25 Yes, ma'am. 35 1 UNIDENTIFIED FEMALE VOICE: You know, in 2 regard to traffic, I've been watching as I go in 3 and out of my neighborhood, Marsala, and when the 4 light changes at heavy traffic times, there are 5 generally two cars abreast, with another car behind 6 • in this lane, and sometimes there are three 7 abreast. 8 Now, you've got that going north. You've got 9 the same amount of traffic coming south. You're 10 trying to get out and go south yourself. It's 11 very, very difficult and it is and can be very 12 dangerous. 13 Then you have someone coming from the south 14 going to make the loop either to turn into Marsala 15 or turn and go north, it's dangerous. 16 MR. ARNOLD: Well, for what it's -- 17 UNIDENTIFIED FEMALE VOICE: I wish -- I wish, 18 if you haven't seen it or been there, I wish you 19 would have a committee that would go and watch for 20 yourselves at the very busy times, which is earlier 21 in the morning, say 8 to 10, and maybe from 1 to 5 22 or to 7, really. Between 5 and 6 and 7, 3:00 is 23 terrible. And then you have school buses. 24 So it isn't -- it isn't just a 25 (indiscernible) . 36 1 MR. ARNOLD: Well, just to let you know, our 2 anticipated access, Collier County has told us we 3 might get the directional left in. We're going to 4 have a right in, a right out, but we're not getting 5 a left southbound turn out of our project. 6 UNIDENTIFIED FEMALE VOICE: Will people who 7 live in that area be told about exactly what is 8 going to be done prior to them doing it? 9 MR. ARNOLD: I'm not sure what you mean by 10 that. 11 UNIDENTIFIED FEMALE VOICE: Will we be made 12 aware of the plan for the traffic in detail before 13 it is actually started, before it is constructed? 14 MR. ARNOLD: Well, Collier County, if they 15 were doing the road work, they would require us to 16 hire a contractor to put in our turn lane, for 17 instance. We'd have to get right-of-way permits 18 from them, but I don't believe there's any publicly 19 noticed process to notify nearby residents of that 20 type of construction activity. 21 Mike, am I wrong? There's not, is there? 22 UNIDENTIFIED MALE VOICE: That's correct. 23 UNIDENTIFIED FEMALE VOICE: I don't think 24 that's right, because we're the ones that have to 25 deal with the traffic, and it's dangerous. And you 37 1 know what? We're all getting older every day. 2 MR. ARNOLD: I feel it every day, too. 3 UNIDENTIFIED FEMALE VOICE: And that makes it 4 more dangerous. It raises the percentage of 5 danger. Steering and seeing, reactions. 6 (Multiple simultaneous speakers.) 7 MR. ARNOLD: Okay. Can we -- we're trying to 8 record, so let's keep our conversations to one at a 9 time, if we can. 10 UNIDENTIFIED MALE VOICE: With that 11 directional left, which I assume is a left turn 12 lane, is that what you mean (indiscernible) ? 13 MR. ARNOLD: Yes. It would be a left -- 14 southbound left turn lane into our project. 15 UNIDENTIFIED MALE VOICE: Right. And then 16 what happens coming out of Marsala? Will we still 17 be able to go and make a left out of Marsala? 18 MR. ARNOLD: I don't know. I mean, we 19 certainly aren't going to propose any changes to 20 your access point. 21 UNIDENTIFIED MALE VOICE: And I guess the 22 county has got to make that decision? Is that 23 what's happening? 24 MR. ARNOLD: It would be the county's 25 decision. Jim (indiscernible) ? 9i 38 1 MR. BANKS: Yeah, we would have nothing to do 2 with Marsala's access. That's all for the county. 3 UNIDENTIFIED MALE VOICE: I'm sorry? 4 MR. BANKS: That would be a county decision. 5 UNIDENTIFIED MALE VOICE: And you're not 6 representing the county? 7 MR. BANKS: I'm not -- no, I'm representing 8 the applicant, WCI. 9 UNIDENTIFIED MALE VOICE: Oh, okay. 10 MR. BANKS: So anything we do with this 11 project will have no effect on what your access 12 (indiscernible) as far as the county's concerned. 13 MR. ARNOLD: Anything else from anybody? 14 (Indiscernible) . Patrick, you want to 15 (indiscernible) ? 16 UNIDENTIFIED MALE VOICE: No, no. Please. 17 MR. ARNOLD: Gentlemen? Okay. 18 UNIDENTIFIED FEMALE VOICE: I was just going 19 to ask how many feet is it, if we come out of 20 Marsala and take a right, how many feet will be 21 before the other people are turning left to the 22 access road? 23 MR. ARNOLD: Is it about 660 feet, Jim, 24 approximately? 25 MR. BANKS: 660, 700 feet, something like 39 1 that, yeah. 2 MR. ARNOLD: Okay. 3 MR. BANKS: It's the standard intersection 4 separation that you see along Livingston Road. 5 UNIDENTIFIED FEMALE VOICE: Uh-huh. 6 MR. BANKS: We do meet the county standard on 7 that. 8 MR. ARNOLD: Patrick? 9 MR. WHITE: I just have a statement to read. 10 I'm Patrick White. I represent the Save the 11 Preserves board of directors. 12 MR. ARNOLD: Shh, please. 13 MR. WHITE: And the board has asked me to read 14 into the record the following statement. Save the 15 Preserves, Incorporated, board of directors states 16 for the record that WCI and the board of Save the 17 Preserves entered into a written agreement on 18 January 15, 2016, which addresses the specific 19 concerns of the STP, Save the Preserves board and 20 members of STP who own property in Marsala at 21 Tiburon. 22 The STP board will not act to oppose the PUD 23 amendment so long as the applicant makes the final 24 edits we have requested and does not thereafter 25 alter them in a manner STP would not accept. In II 40 1 that event, we would not expect to have to raise 2 any further concerns. Going forward, STP will 3 merely continue to closely monitor the staff report 4 and attend the CCPC and BCC public hearings to 5 assure that STP's interests are fully protected 6 throughout the conclusion of the zoning approval 7 process. Thanks. 8 MR. ARNOLD: Thank you, Patrick. 9 Any other questions, comments? Going once -- 10 UNIDENTIFIED FEMALE VOICE: When you say a 11 ten-foot wide type B landscape buffer -- 12 MR. ARNOLD: Uh-huh. 13 UNIDENTIFIED FEMALE VOICE: -- is that wide in 14 the depth or -- 15 MR. ARNOLD: It's ten-foot width, is what the 16 county looks at. It's a ten-foot wide buffer and a 17 type B talks about the type of vegetation that gets 18 planted within that buffer. It requires to be a 19 berm, a wall or hedge, and in this case we've 20 specifically identified a hedge in this location 21 because that's what the STP group thought was 22 better than having any kind of physical wall in 23 that location. So that would be a hedge that gets 24 maintained at six-foot high. 25 UNIDENTIFIED FEMALE VOICE: So -- and it's 41 1 only in those dark shaded areas? 2 MR. ARNOLD: Those are the enhanced buffer 3 areas, yes. This is -- this abuts preserves. 4 These abutted residential homes, and, of course, 5 there are homes above that, but it's all our 6 preserve area. 7 Yes, ma'am. 8 UNIDENTIFIED FEMALE VOICE: Could you go back 9 one to 12, slide 12, where you have the two plans, 10 before and after? 11 MR. ARNOLD: Sure, yeah. (Indiscernible) . 12 There you go. 13 UNIDENTIFIED FEMALE VOICE: Okay. Can you 14 tell me what the Wilshire Lakes buffer was before? 15 Because it certainly was a lot wider. 16 MR. ARNOLD: Well, this was our before plan -- 17 UNIDENTIFIED FEMALE VOICE: Uh-huh. 18 MR. ARNOLD: -- showing the configuration. 19 This is the before. We're increased the 20 (indiscernible) . 21 UNIDENTIFIED FEMALE VOICE: I'm not talking 22 about the back. I'm talking about the vertical 23 sides. 24 MR. ARNOLD: These sides? 25 UNIDENTIFIED FEMALE VOICE: Uh-huh. 42 1 MR. ARNOLD: I don't know. I mean, that's 2 going to be a ten-foot wide buffer. 3 UNIDENTIFIED FEMALE VOICE: I know, but what 4 was it before? 5 MR. ARNOLD: You know, ma'am, I don't know. 6 That was just a conceptual exhibit. It was always 7 proposed to be a ten-foot wide buffer. Residential 8 to residential, Nancy, I think, correct me if I'm 9 wrong, single family to single family requires a 10 ten-foot wide type a buffer, which is a tree every 11 30 feet or so. A type B buffer gets you an opaque 12 hedge in addition to the trees. 13 UNIDENTIFIED FEMALE VOICE: So the number, as 14 far as you know, has not changed? This is 15 conceptual, visual -- 16 MR. ARNOLD: These plans were always 17 conceptual, and I say that because WCI hasn't made 18 a final product decision. The lot lines aren't 19 platted yet. We don't know. 20 I mean, Mike Delate in our office has been 21 looking at different iterations with WCI 22 Communities as we're going through the permitting 23 process. 24 You know, the Water Management District raises 25 a question and comment. The Army Corps raises a { 43 1 question or comment. Things get shifted. 2 So until we get past this point, I call all of 3 these conceptual. So the commitments that we make 4 are to those minimum buffer requirements that will 5 be specified on the buffer plan. 6 Yes, sir. You haven't had a chance yet. 7 UNIDENTIFIED MALE VOICE: Yes, sir. Can we go 8 to the next slide again? No, that way. 9 If you'll look at the Marsala golf course, and 10 you haven't seen me play golf, but I could sure hit 11 that road on a drive from that -- from that 14th 12 tee. 13 UNIDENTIFIED MALE VOICE: Right here 14 (indiscernible) . 15 UNIDENTIFIED MALE VOICE: Right. 16 UNIDENTIFIED MALE VOICE: Where it comes -- 17 I'm talking about where it comes down, you know. 18 UNIDENTIFIED FEMALE VOICE: Yeah. Close to 19 the dogleg. 20 UNIDENTIFIED MALE VOICE: Right into the -- 21 right (indiscernible) exactly. The 660, which is 22 -- which is on Livingston Road, but that's not 660. 23 MR. ARNOLD: No, absolutely not. 24 UNIDENTIFIED MALE VOICE: And that seriously 25 could be a problem. I mean, I hate to tell you -- 44 1 UNIDENTIFIED MALE VOICE: (Indiscernible) when 2 you retrieve it. 3 UNIDENTIFIED MALE VOICE: -- how I hit balls, 4 but that could be a problem. 5 UNIDENTIFIED MALE VOICE: (Indiscernible) high 6 handicap. 7 MR. ARNOLD: Yes, sir? 8 UNIDENTIFIED MALE VOICE: Just when you -- 9 when you proceed, then, with the buffer area that 10 you have there, as you complete the houses and make 11 the sales to the homeowners, who retains title or 12 who has title to that preserve area? Does that go 13 to the county or does that stay with WCI or where 14 does that go? 15 MR. ARNOLD: The ownership could stay -- it 16 probably goes with the property owners association, 17 ultimately, but there will be conservation 18 easements over it in favor of the county and 19 probably South Florida Water Management. 20 I'm guessing, Mike. Is that -- 21 MR. DELATE: Yes. 22 MR. ARNOLD: Okay. 23 UNIDENTIFIED MALE VOICE: So that -- that 24 (indiscernible) that would imply then that there 25 could be no further development on that no matter 45 1 who owns it; is that correct? 2 MR. ARNOLD: That's correct. There would be 3 no residential development. I mean, there's some 4 very -- 5 UNIDENTIFIED MALE VOICE: Or anything. 6 MR. ARNOLD: There's some very minimal 7 non-invasive passive things that are permitted by 8 some of the conservation easements. I don't know, 9 you know, what a future homeowners association 10 might propose, if they want to have a little nature 11 circle or something through there, but it's very 12 passive uses that would only be permitted. 13 Anybody else? Ready to adjourn? 14 UNIDENTIFIED FEMALE VOICE: Yeah. 15 MR. ARNOLD: Going once, twice. Thank you 16 all. Appreciate it. 17 UNIDENTIFIED FEMALE VOICE: Thank you. 18 UNIDENTIFIED FEMALE VOICE: Thank you. 19 (Proceedings concluded.) 20 21 22 23 24 25 46 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 45 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 DATED: May 5, 2016 16 17 SIGNED AND CERTIFIED: 18 19 Joyce B. Howell 20 21 22 23 24 25 Nick A. Lucca 14460 Marsala Way Naples,FL 34109 847-812-7600 Nick.lucca@lionstone.com November 18, 2015 Commissioner Mark Strain, Chair Collier County Planning Commission Commissioner Strain, We own property located at 14460 Marsala Way,Naples, Florida in Marsala at Tiburon, a neighborhood located within the Tiburon subdivision. Marsala is located on the east side of Livingston Road between Vanderbilt and Immokalee Roads. It is our understanding there is a request by WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance. We oppose the variance and rezoning for the following reasons: First, we purchased our lot in Marsala at Tiburon because of the representations of WCI and its sales agent that the property which is the subject of the current variance and rezoning process was a recorded preserve and would always be maintained in that status. This representation was made to us verbally by the sales agent and visually based on a plat and a model depiction of the development on display in the sales office. It is our position that the currently approved development plan for Tiburon and the Pelican Marsh Community should not be altered. WCI previously received approval of this plan from Collier County. Purchasers of lots in Marsala relied on that development plan. We see no justification for WCI to change its mind after the County and purchasers relied on the approved plan. Second, the deeded preserve area should be protected due to its wetlands and nature habitat. We join in the concerns raised by Linda Joyce (who resides at 14488 Marsala Way)regarding the impact on the wetlands and endangered species should the preserve be destroyed as proposed by WCI in its request to Collier County for a variance and rezoning. Attachment D Third, the wetlands concern voiced by Linda Joyce is supported by letter dated July 24, 2015 from Ana Richmond, Chief Bureau of Community ' Planning of the Florida Department of Economic Opportunity to Michael Bosi,Director,Zoning Division, Collier County Growth Management Department. We agree with and support the conclusions reached by Ms. • Richmond. Her letter states that the 31.39 acres at issue in WCPs request contain 17.28 acres of jurisdictional wetlands that WCI proposes to impact. She states further: "...The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources..." We also support the conclusions reached in letter from Laura P. Layman, Section Leader, South Florida Water Management District dated November 5, 2015 stating "...Based upon the submitted information, sufficient mitigation has not been provided to offset the proposed direct and secondary wetland impacts..." Fourth,we have a public safety concern based on the close proximity of the entrance proposed by WCI to the Marsala entrance should the variance and rezoning be granted by Collier County. A new subdivision named "Sienna Reserve" is currently under development on Livingston Road north of Marsala and adding an additional entrance would only create further congestion. We have noticed a substantial number of vehicles going southbound on Livingston making a left turn into Marsala's entrance to turn around and go northbound on Livingston Road in order to access Sienna Reserve and this would add an additional subdivision with cars, dump trucks, and building supply trucks making this same dangerous turn at Marsala's entrance. This also destroys the Marsala entrance roadbed which is property owned and maintained by Marsala residents. We hope you will consider our concerns in the processing of WCPs request for a variance and rezoning. Respectfully submitted, Nick A. Lucca&Alice M. Lucca GundlachNancy From: JeanJones95@aol.com Sent: Thursday, November 19,2015 2:16 PM To: GundlachNancy Subject: Marsala at Tiburon Dear Ms Gundlach, We are homeowners in the Marsala community residing at 14468 Marsala Way I am writing in reference to the request by WCI Communities for a variance and rezoning of the preserve property adjacent to our community. Please reference the letters also from other homeowners in Marsala, most recently the well-stated comments from Mr& Mrs Lohman of 14440 Marsala Way. We also believed that we were protected by the preserve when we purchased in Marsala. We are against having the preserve and wetlands destroyed as well as destroying the habitat for beautiful Wood Storks and other species. What is "preserve" supposed to mean if it can be changed and/or eliminated ? We are very much concerned about the already existing traffic issue on Livingston Road and the major negative affect this new develoment will have on the Marsala entrance. It is worth one's life to drive out of our community as it is, and this projected development, along with the new Sienna Reserve will be a disaster. We ask that you will consider the concerns, safety, and rights of all Marsala residents and do everything possible so this proposed development does not come to fruition. Respectfully, Jean and Samuel Jones 11-19-15 1 Larry H. Lohman J. Dean Lewis Lohman 14440 Marsala Way Naples,FL 34109 239-592-9830 jdeanlewis@gmail.com Cell 757-560-2137 Cell 757-560-2136 November 18, 2015 Commissioner Mark Strain, Chair Collier County Planning Commission Commissioner Strain, We own property located at 14440 Marsala Way, Naples, Florida in Marsala F at Tiburon, a neighborhood located within the Tiburon subdivision. Marsala is located on the east side of Livingston Road between Vanderbilt and Immokalee Roads. It is our understanding there is a request by WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance. We oppose the variance and rezoning for the following reasons: First, we purchased our lot in Marsala at Tiburon because of the representations of WCI and its sales agent that the property which is the subject of the current variance and rezoning process was a recorded preserve and would always be maintained in that status. This representation was made to us verbally by the sales agent and visually based on a plat and a model depiction of the development on display in the sales office. It is our position that the currently approved development plan for Tiburon and the Pelican Marsh Community should not be altered. WCI previously received approval of this plan from Collier County. Purchasers of lots in Marsala relied on that development plan. We see no justification for WCI to change its mind after the County and purchasers relied on the approved plan. Second, the deeded preserve area should be protected due to its wetlands and nature habitat. We join in the concerns raised by Linda Joyce(who resides at 14488 Marsala Way) regarding the impact on the wetlands and endangered species should the preserve be destroyed as proposed by WCI in its request to Collier County for a variance and rezoning. Third, the wetlands concern voiced by Linda Joyce is supported by letter dated July 24, 2015 from Ana Richmond, Chief, Bureau of Community Planning of the Florida Department of Economic Opportunity to Michael Bosi, Director, Zoning Division, Collier County Growth Management Department. We agree with and support the conclusions reached by Ms. Richmond. Her letter states that the 31.39 acres at issue in WCI's request contain 17.28 acres of jurisdictional wetlands that WCI proposes to impact. She states further: "...The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources..." We also support the conclusions reached in letter from Laura P. Layman, Section Leader, South Florida Water Management District dated November 5, 2015 stating "...Based upon the submitted information, sufficient mitigation has not been provided to offset the proposed direct and secondary wetland impacts..." Fourth, we have a public safety concern based on the close proximity of the entrance proposed by WCI to the Marsala entrance should the variance and rezoning be granted by Collier County. A new subdivision named "Sienna Reserve" is currently under development on Livingston Road north of Marsala and adding an additional entrance would only create further congestion. We have noticed a substantial number of vehicles going southbound on Livingston making a left turn into Marsala's entrance to turn around and go northbound on Livingston Road in order to access Sienna Reserve and this would add an additional subdivision with cars, dump trucks, and building supply trucks making this same dangerous turn at Marsala's entrance. This also destroys the Marsala entrance roadbed which is property owned and maintained by Marsala residents. We hope you will consider our concerns in the processing of WCI's request for a variance and rezoning. Respectfully submitted, Larry H. Lohman Jewell Dean Lewis Lohman GundlachNancy From: Dave<dsto116720@aol.com> • Sent: Friday, November 20, 2015 7:57 AM To: GundlachNancy Subject: Marsala My wife and I support the letter written by the Lohmans to the commission. Developers are the masters of misrepresentation! Our security would be placed at some risk,also..David A Stoll Sent from my iPad • 1 GundlachNancy From: Celia Lazaro<cg1317©yahoo.com> Sent: Wednesday, November 18, 2015 4:05 PM To: GundlachNancy Subject: MARSALA AT TIBURON-WCI hearing Ms Gundlach, I'm a resident at 14495 Marsala Way, Naples, FL 34109. This note is to completely agree with the letter sent to you by residents Larry and Dean Lohman concerning the subject. As a resident of this area I feel my interests are been threatened by such a request from WCI and their new business endeavor with complete disregard to all issues involving their request and how they will affect us. You can protect and stop the destruction of natural habitats and keep the natural beauty of Florida, threatened by greed. Best regards, Celia Lazard 1 GundlachNancy From: Jonathan Mair<jmair@firmcapital.com> Sent: Wednesday, November 18, 2015 3:18 PM To: GundlachNancy Subject: WCI proposed development near marsala at Tiburon Please be advised that I am in full support of and second all comments made in Larry&Dean Lohman's recent letter to the Collier County Planning Commission. The proposed development should not be approved by Collier County. Jonathan Mair Paa Chief Financial Officer Firm Capital Corporation I Mortgage Banking •Real Estate Capital 163 Cartwright Avenue Toronto,Ontario M6A 1V5 Business:(416)635-0221 Ext 233 l Fax: (416)635-1713 E-mail:jmair flrmcaoital.com Web Page:http://www.firmcapital.com Important Notice:This message is intended only for the use of the individual or entity to which it is addressed,and may contain information that is privileged,confidential and exempt from disclosure under applicable law.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please notify the sender immediately by email and delete the message.Thank you.Firm Capital Corporation("FCC")—Disclaimer if e-mail relates to an FCC matter,'Ontario Mortgage Brokerage,Lenders and Administrators Act License#10164,Administrators License#11442,Registered Broker# M08000105 1 GundlachNancy From: Albert Friesen <adfriesen@medicure.com> Sent: Thursday, November 19,2015 5:37 AM To: GundlachNancy Cc: Albert Friesen; LEE FRIESEN; Augie Stasio Subject: Oppose the WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance Dear Nancy Gundlach: We are Leona M. and Albert D.Friesen,residents of 14447 Marsala Way. We strongly oppose the WCI Communities LLC request for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance. We are in total agreement with and support the position presented by Larry H. Lohman and Jewell Dean Lewis Lohman in their letter of November 18th,2015. Yours sincerely Albert D.Friesen Leona M. Friesen 14447 Marsala Way 239-596-7480 home 204-228-7015 cell 1 GundlachNancy From: Lisa Denove<Idenove@me.com> Sent: Thursday, October 29, 2015 10:48 AM To: stimojoyce@gmail.com Cc: GundlachNancy; LenbergerSteve; SawyerMichael;Audubon Of Collier, FialaDonna; TaylorPenny; HillerGeorgia; HenningTom; Bob Denove;jangrad88@aol.com; bcomell©audubonwe.org; NanceTim; mancusoce©gmail.com; mustangdent2©aol.com; scott.rogers@deo.myforida.com;J. Dean Lewis Lohman; KJacobson@lacavajacobson.com; AugieStasio; Celia Lazaro; Ron Salvagio Subject: Re: Pelican Marsh wildlife habitat Thank you Linda for sending this email. You have summed up our concerns beautifully. These photos, in addition to the emails you have sent regarding the "stream"that is running through those wetlands adjacent to the golf course supports leaving the preserve and the wetlands as they are today. WCI used these wetlands/preserve areas to sell their lots at a premium and now they want to destroy those very wetlands/preserve areas. Their actions and misrepresentations are a disgrace to our industry. Lisa Denove Premiere Plus Realty (239)253-9394 Idenove@me.com >On Oct 29,2015, at 10:09 AM,stlmojoyce@gmail.com wrote: >Dear Collier County Planning Committee and Commissioners, >I personally took these pictures from my backyard this past week which is adjacent to WCI's proposed development. Pictures of the Wood Storks nestled in trees in the very deeded reserve WCI wants an access road off Livingston Road. >Please see the video and pictures of the indisputable proof of the endangered Wood Storks inhabiting the reserve and natural surroundings. ><image2.JPG> >There are obvious documented objections from the environmentalists, >Brad Cornell-Southwest Florida Policy Associate Of the Western Everglades/Audubon of Florida,the Department of Economic Opportunity and Southwest Florida Water Management concerning the destruction of jurisdictional wetlands, wildlife habitat and the deeded preserve from the fully developed Marsala at Tiburon Community. ><image3.JPG> >It has come to my attention after WCI's NIM meeting,September 2,2015 and subsequently reading Pelican Marsh PUD/DRI Environemental Data that WCI is requesting to randomly use Pelican Marsh,Tiburon and Marsala's designated viable natural functioning native vegetation on site requirements for their proposed new development's 25%minimum requirement of the on site specification. 1 >This will drastically and significantly defeat the whole purpose of the designated preservation of the Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. >WCI is a Trojan Horse armed with chain saws with no regard for the environmental impact of Naples native natural surroundings or the bordering approved developed communities. >"WCI wants to rob Peter to pay Paul." ><Image4JPG> >What assurance do we have at Tiburon that the our side of the property fence natural surroundings and buffers will not be thinned or destroyed for the sole purpose of selling premium golf course views? >Premium lots of $200,000 to over$500,000 at Marsala that were fraudulently miss represented to all of us by WCI's site plans as designated conservation reserves displayed in the sales office and brochures. > Not to mention the destruction of trees that offer a natural buffer to the highway 75 noise pollution. >I hope the Collier County Commissioners will recognize that the continued destruction of jurisdictional wetlands and preserves will have a cumulative negative impact on the surrounding communities. >At the very least there needs to be a planned balance and reduction of the number of homes built on WCI's proposed 32 acres of which 17.8 is jurisdictional wetlands. Not only for conservation issues but to also keep some of the natural surroundings native to Naples. >Similar to Sienna Reserves Collier County approved plan currently in development of 45 homes on 30 acres maintaining 16 acres of untouched nature preserves while maintaining natural surroundings. >Advertised&Collier County Approved: >Nestled on 30 beautiful acres,Sienna Reserve is destined to be the premiere community of Naples.This exclusive neighborhood is situated amongst 16 acres of pristine,untouched nature preserves and a beautiful,freshwater lake. Comprised of only 45 luxury homes,we will be offering one-story and two-story,state-of-the-art homes that can be customized. >We also request the access road be moved 50 feet further north to preserve our reserve conservation that is occupied by Wood Storks and other wildlife.Also to safely control and manage the anticipated increase in traffic at our Marsala entrance. ><imagel.JPG> >A reserve that was fraudulently represented to Marsala residents as forever privacy. ><image5.PNG> >Please see 1.33 minute video of proposed access road through our deeded preserve occupied by wildlife. ><Video.MOV> >Thank you for your time and consideration to the preservation of our reserve,wildlife habitat and beautiful native natural surroundings. 2 > Linda Joyce > 14488 Marsala Way >Naples, Florida 34109 >#314-223-1800 > Lot#8 Full time resident adjacent to proposed development. >Sent from my'Phone 3 /lb 19420/...s- L15 — - .r6 b W __ Vl, - _.-0 _ ---_- - - --- Vi ub L.L • -' - --.— ' -- ativ.y.\,...1....y.A.0( 1111. I OF em, 4 P ip; .__4..._ i 1 te , - ,-_-. ( - --- �1- c =1 �. ____Sug g,e.a F 7 ; ,„,.. it r 1 ...-0--vi .• - -. FL-rot, 1 . _,If ___CALe‘ I i 41---il/i*. . / 1 dvaact.y_i\ Wio p _. _________L'_4266-a2- ot/2-i____ # / „ . , , Orvaii . i t .sziti-ytn-- sy194A--- i • ). -e-t2 J —y+ ce,r-t4 - -- '.. -. 7- /6-P- 1,yit-7.0( fi .; .../eitiA, 5 20 CI)) rd oil len i i1 l COLLIER COUNTY Growth Management Division Planning&Regulation Land Development Services November 13,2015 Dear Property Owner. This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet(urban areas)or 1,000 feet (rural areas)of the following described property and that a public hearing will be held by the Collier County Planning Commission of Collier County, Florida,at 9:00 Alt.on December 03,2015,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamlaml Trail,Naples,FL.to consider. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2002-71,the Pelican Marsh Planned Unit Development,and amending Ordinance No.2004-41,the Collier County Land Development Code,by amending the appropriate zoning atlas map or . maps.byshanging the zoning.classfBcatton-of-an-addiflonai-32±-acres of land zoned RrueFAgriouGnrattft)-to-tre-pelhmin-MilestiTIDD:by"atrreMng the . _ Planned Unit Development document and the Master Plan to add RI district parcels for 75 single family dwelling units;by adding an access point to Livingston Road;by providing development standards for the R1 district; by reducing the reserve by 2 acres and by providing an effective date.The property to be added to the PUD Is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31,Township 48 South, Range 28 East,Collier County,Florida consisting of 2,245±acres for the entire Pelican Marsh PUD.[PUDR-PL201400022111 • And companion item: A Resolution amending Resolution Number 95-71(Development Order no.95-01),as amended,for the Pelican Marsh Development of Regional impact CORP)located in Sections 25,27,34,35 and 38,Township 48 South,Range 25 East and Section 31,Township 48 South,Range 26 East in Corner County,Florida by providing fon Section One,Amendments to Development Order by adding 32 acres to the DRI:by revising Exhibit TY and Map-113' contained In the DRI Development Order to add 32 acres to the DRI and an access point on Airport Road;and by reducing the reserve by 2 acres; Section Two,Findings of Fact;Section Three,Conclusions of Law;and Section Four,Effect of Previously Issued Development Orders,Transmittal to Department of Economic Opportunity and Effective Date.[Petition DOA-PL201400023091[Companion item to Pelican Marsh P.UDR-PL20140002211) You are Invited to appear and be heard at the public hearing.You may also submit your comments In writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. iNDMDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLiC HEARING.IN ANY CASE,WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW,A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WiLL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE Any person who decides to !a d et►peaecision of the Collier Crnrnty Prannlp¢j',9mmJgden uA1 needs record.aLthe ProcBedgags_parJsigtag;herete.-- — 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. if you are a person with a disability who needs any accommodation in order to participate In this proceeding,you are entitled,at no coat to you.to the provision of certain assistance. Reese contact the Collier County Facilities Management Department,located at 3335 Tamlaml Trail East,Suite 101, Naples,FL 34112-5358,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office. This petition application development plans and/or master plan if applicable,and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building located at 2800 North Horseshoe Drive,Naples, Florida 34104. Please contact the staff member noted below at(239)-252-2484 to set up an appointment If you wish to review the file. Sincereiy, - r 6�4t1 f a>v)th.G{-t Collier County Government Nancy Gundlach Community Development&Environmental Services Division' Principal Planner 2800 North Horseshoe Drive - Naples,FL 31404 . 3 inalD0�Isair-- - -,----1-- pip.- _ , , 1 , ,i,................. ii ir-tai-„vigigf-Li-3-:00i •.4.4.' , ,_1 ,,,,) -1,...1°1-7--=-..em-1122122::12:11-1 ,t19 ila II r{� •: � � K. 1,t IN,i ,, -i:� ..I_]11111 11111111:11 fl,IIIItIHpll } 7111 km I ,1. _1,""1111111 4R 7;::i-:::•:•.:,: W S "'*i l.' � I VIII ii�u r!. 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I -- � : , .fid e • �KIP •.' a L 4 ' �111Q,`�V�~' •' ' l� U11:clLi,,,,.. :,`ruR ---��. .MI.= Mui ... .:�.,.1 a , ...,"1,0111!;•:••••••%:.;..1.1,0`lar,•u'""'"wr► 1 s ♦� ♦moi � ;♦ , II ,`,, h1Pd. r �, ''\/l�•''��.�+'►''1111.''. . . ��O''i'ai',tY•!!+ 1 � RI ...ri_40o., �� ■. 1` 11 : u:.• ♦ �+tam ./cif f� ` , j 9�[t' 1 .1a Q11ne e,111 •r1111111L■i L' �,�iiir. �,•:,;...."'"-.1 .'', �_�� { _. r � maklinii,I Hifi!. 111u unn -'� . 11,27i. v, Ci • a p C 1 E- ��.-.o 1. _10 }- y Qi< it 3a II" a l 11 t 1 a1 o d �� 7 111 _.. i ■t ..a. K-��11• J a 11=. •MI 7 71071:001-- IINIONIalaman. "'" .mit,-117 . ,I p ,� i -1g1 1. i _ . NEI I Q ill 1-ri 1 Lk"WINN ,lawmallis IOWA �� 11 = x z t © A � 0 1 - O a3• , - \, .1 .51.:'1-x; t,1 ,-..ja-al, a 1 C.) fl , k '. 1;f1111 J i_ : a , . .. 111 1/11 0 • it . .�--� 1 di , am ice . ..., , •1 a off. t 7m1 0,01I woe r si r. 1 111 a !lckFi is11 itr pi la 1I al 1 1 November 1,2002 YOUNG,VAN ASSENDERP,VARNADOE&ANDERSON R. BRUCE ANDERSON,ESQ. 801 LAUREL OAK DR., SUITE 300 NAPLES,FL 34108 REFERENCE: VA-2002-AR-2392,Naples Gateway Land Trust Dear Mr. Anderson: Please be advised that the Board of County Commissioners, during their regularly scheduled meeting of Tuesday, October 22,2002,heard and approved Petition No.VA-2002-AR-2392. A copy of this enabling Resolution,No. 02-437,has been enclosed for your convenience. If you have any questions,please do not hesitate to contact the Current Planning Section. Very truly yours, Kay Deselem,AICP Principal Planner KD/lo Enclosure cc: NAPLES GATEWAY LAND TRUST owner GERARD A. MCHALE,JR.,TRUSTE 1601 Jackson St., Ste#200, FORT MYERS,FL 33901 Abe Skinner,Property Appraiser M. Ocheltree, Graphics Code Enforcement File GundlachNancy • From: stlmojoyce@gmail.com Sent: Thursday,October 29, 2015 10:10 AM To: GundlachNancy; LenbergerSteve; SawyerMichael;Audubon Of Collier, FialaDonna; TaylorPenny; HillerGeorgia; HenningTom; Bob Denove;jangrad88©aol.com; bcomell©audubonwe.org; NanceTim; Idenove@me.com; mancusoce@gmail.com; mustangdent2@aol.com;scott.rogers@deo.myflorida.com; J. Dean Lewis Lohman; KJacobson@lacavajacobson.com;Augie Stasio; Celia Lazaro; rbsalvagio©gmail.com Cc: Linda Joyce Subject: Pelican Marsh wildlife habitat Attachments: image2.JPG;ATT00001.txt; image3.JPG;ATT00002.txt; image4.JPG;ATT00003.txt; imagel.JPG;ATT00004.txt; image5.PNG;ATT00005.txt;Video.MOV;ATT00006.txt Dear Collier County Planning Committee and Commissioners, I personally took these pictures from my backyard this past week which is adjacent to WCI's proposed development. 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' I" i .': ... ot l'i f A ' I . . .._ GundlachNancy From: Linda Joyce<stlmojoyce@gmail.com> Sent: Monday, October 05, 2015 2:47 PM To: GundlachNancy; scott.rogers©deo.mytlorida.com; LenbergerSteve; kkellum@sfwmd.gov; HillerGeorgia; bcomell©audubonwe.org; HenningTom; FialaDonna;TaylorPenny; NanceTim Cc: Christine Mancuso; Linda Joyce; Idenove©me.com; bobdenovel @gmail.com; Jam; mustangdent2©aol.com Subject: Fwd: NOPC Pelican Marsh DRI Environmental Impact Follow Up Flag: Follow up Flag Status: Completed To All Concerned, I am a Collier County, Florida resident and own property located at 14488 Marsala Way in the Marsala at Tiburon community. I have written to voice my concern that the deeded reserve, natural surroundings,nature habitat and wetlands should be protected. WCI's request to Collier County for a variance and rezoning will greatly impact the preserve,natural surroundings and wetlands. It has come to my attention after WCI's NIM meeting, September 2,2015 and subsequently reading Pelican Marsh PUD/DRI Environemental Data that WCI is requesting to randomly use Pelican Marsh, Tiburon and Marsala's designated viable natural functioning native vegetation on site requirements for their new developement 25%minimum requirement of the on site specification. This will drastically and significantly defeat the whole purpose of the designated preservation of the Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. • It is my position as well as the majority of Marsala residents,that the Pelican Marsh Community Master Plan, approved by Collier County of the recorded deeded preserves, specified natural surrounding and designatied site plans should not be altered. WCI's proposal has never been part of Pelican Marsh's PUD Master Plan. WCI should not be able to satisfy the preservation requirement from a totally developed separate community. Per WCI Lawyers,the new community will not pay any separate HOA fees to Tiburon which is required of the Marsala at Tiburon community which is adjacent to the proposed developement. Where will all the natural occurring water, 17 plus acres of jurisdictional wetlands and the corresponding imperiled wildlife species go? Thank you for your time and consideration to our concerns to save and protect our Marsala's natural surroundings and deeded preserve. ----------Forwarded message--------- _ From: Linda Joyce<stlmojoycena,icloud.com> 1 Date: Wednesday, September 16,2015 Subject:NOPC Pelican Marsh DRI To: "scott.rogers a,deo.myflorida.com"<scott.rogers@deo.myflorida.com> Cc: Linda Joyce<stlmoioyce@gmail.com> Mr Rogers, Please see pictures from my back yard of the endangered and threatened wildlife adjacent to the proposed rezoning of Pelican Marsh. WCI is also proposing an access road through our deeded preserve off Livingston Road. y3� lu 2 �x,4 _ r '� ' • ; : %' • ""� ,,,o;;'-.4. • �. � � .< .'', �k;. - 0� s _ �=w>-s*. ,; „.z `tr: ayr4;P,� _ ” : , + - „r . 'ti'.. " P,isIt 7, C 5 a7igz6.w . „: " "- . '� � ��mss,_=. .0 ,.4n ,-� r_:*„" :?,��s °-: � 55 Ats:, - tJ F.. . g:** u : : X •••yb''} �C�T•%i�'• a •;f^:e .-,:k:; tit` :Lei. xar'v:PT', � ..,,,,,,-.4-:-. '�' s r ,? .: ,a z _ a. yti, f I • r p c * N+Yt r t . 10. Ali 'Ada r • 'AR n 3 'Oil, ,11•••• - - 1 ' .. .L4,4'..- .1., „...-'-' illhi.n. 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I. .Y r 4 e:. t d f r v t'. i a' 6 *mono MAT s ''k 8:05 PM 1 09%E► Message WciSeren4AirFiatA.PDF `fii I q 4 11,- -a MI rElf lig Id A 4111 Se MB V& Etill WI -ist ill ISE i�>' ll,lih1 z 4' { Mr AV rt a OS misirua so ow an t 1 ' *OA The proposed Sereno Air view does not show the 45 acres of the new development "Sienna Reserve" entrance, ' streets or homes just north of our Marsala at Tiburon completed community. I am contacting you to voice my concerns and objections to WCI's proposed rezoning/addition to Pelican Marsh PUD. Please see Florida's Department of Economic Opportunity objections of the rezoning that they believe the proposed change to Map H and Development Order Paragraph 4(Findings of Fact) to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create a substantial deviation pursuant to Section 380.06(19) (e) 3.,F. S....will create additional I impacts to regional natural resources. 7 No. 150604-14 Collier county South Florida Water Management District Environment Resource Permit Application. I object to the destruction of over 2 acres of deeded preserve for the proposed entrance. Which was advertised and represented to us at Marsala as..."There is a preserve adjacent to the property and beyond the golf course that ensure forever privacy for your family and friends". Threatened, endangered species of special concern; all pictured in my backyard adjacent to proposed wetlands and rezoning. Wood-stork,roseate spoonbills,tricolored herons, snowy egrets,little blue herons,osprey,whit ibis, cormorants, anhingas,mallards, coots, gallinules, great blue herons, brown pelicans,terns and herons of all s.ecies. I also have .hotos of American alligators and otters. 1 r ;M it 1 r� f At what point in the planning process is someone held responsible for the known detrimental environmental consequences and direct impact to Naples beautiful natural surroundings,preserves,jurisdictional wetlands and wildlife habitats? When do we stop destroying"all" of the natural surroundings,preserves and wetlands that made Naples the "Crown Jewel" of Southwest Florida that we all invested in and made our home? Thank you for your time and consideration to our concerns to save and protect our Marsala's natural surroundings and deeded preserve. Linda Joyce 8 14488 Marsala Way Lot#8 adjacent to proposed re-zoning and destruction of wetlands. Tiburon advertises: "Following Greg Norman's philosophy of maximizing the natural allure of the land,each element has been carefully integrated to produce a pleasing atmosphere in which to appreciate the finer aspects of the game. Designated as a Certified Audubon Cooperative Sanctuary by Audubon International, Tiburon strives to protect and enhance its natural surroundings". 9 GundlachNancy From: Barry Ernst<BarryErnst©wcicommunities.com> Sent: Monday, October 05, 2015 9:09 AM To: stlmojoyce©gmail.com Cc: Wayne Arnold; GundlachNancy Subject: Sereno Naples Ms. Joyce, Thank you for your interest in the PUD application that WCI has submitted to Collier County. I believe we understand some of your concerns regarding the changes proposed by this application. However we would sincerely appreciate your additional input and would like to meet with you to answer your questions, listen to your suggestions,and allow us to provide you with our plans. Ideally we would like to meet with you at your residence to fully appreciate your view concerns. If this is not possible we could meet at WCI or Q Grady Minor offices in Bonita Springs. Let us know your thoughts and availability. Thank you, Barry Ernst Barry Ernst AICP Director of Planning&Permitting w WCI Communities 24301 Walden Center Drive Bonita Springs,FL 34134 239.498.8200(mein)I 239.498.8534(direct) 239.498.8338(fax)1239.229.5928(cell) Your Best Ac£drets. BarrvErnstaWClCommunities.com 0 0 0 0 0 1 GundlachNancy From: stImojoyce@gmail.com Sent: Tuesday, September 22,2015 10:22 AM To: GundlachNancy; HenningTom Cc: John Mancuso Subject: Fwd: NOPC Pelican Marsh DRI Sent from my iPhone Begin forwarded message: From: Linda Joyce<st1mojoyce@icloud.com> Date: September 17,2015 at 4:29:35 PM EDT To: "kkellum@,sfwmd.gov"<kkellum@sfwmd.gov> Cc: Linda Joyce<stlmoiovice@,gmail.com>, "ibrosiou@,sfwmd.gov" <jbrosiou@,sfwmd.gov> Subject: Fwd: NOPC Pelican Marsh DRI Mr Kellum, I am very concerned over the proposed destruction of jurisdictional wetlands and wildlife habitat. These Wood Storks frequently inhabit the lake in my backyard adjacent to the proposed rezoning. 1 � � e Argr c" 13 K , i Jr r • A • • I have also contacted Brad Cornell-Southwest Florida Policy Associate Of the Western Everglades/Audubon Florida. See emails below. Hello Joyce, Thank you for getting in touch with Lori to describe this proposed development addition to Pelican Marsh. I have an interest in this project and concerns over the 17+acres of wetland impacts and corresponding imperiled species impacts. I will follow up on this issue this week. I apologize for my slow response to your call. It would be helpful if you could forward me the rest of the Dept of Economic Opportunity's letter and the attached comment letter from the S. Fla Water Mgmt Dist. Thanks, Brad Brad Cornell Southwest Florida Policy Associate 2 Audubon of the Western Everglades/Audubon Florida 1020 8th Avenue, South,Suite 2 Naples,FL 34102 239-280-6278 bcomell@audubonwe.org Hi Linda, Thank you for forwarding this letter and information. The more I see of this project,the more concerned I am. I will delve into this more as time permits. The wetland impacts are pretty egregious at this point. Begin forwarded message: From: Linda Joyce<stlmojoyce@icloud.com> Date: September 16,2015 at 2:58:36 PM EDT To: "scott.rogers@u,deo.mvflorida.com"<scott.rogers@deo.myflorida.com> Cc: Linda Joyce<stlmojoyce@gmail.com> Subject: NOPC Pelican Marsh DRI Mr Rogers, Please see pictures from my back yard of the endangered and threatened wildlife adjacent to the proposed rezoning of Pelican Marsh. WCI is also proposing an access road through our deeded preserve off Livingston Road. 3 I 1 • i tA'h Te i-.d 'S'.s :.k'!+ °i r yP"T, nYr�#..n' .,,,,,,-10M,,,,,,' .sts* §t` EG �' x,,V ,� ''' p 77 V.`,. .g4r4g..v ''.,v:{".�—it, 1 xr 4 qEk..�1..s,. 'wE k f'v'�. •-^�` _ .i^5 "i `c"f ,;.�••,sn, .�-±-, .�••,.py-RSh"f'i�, ; ^S ', .Y �.— Mit 1 i0t,, ". s x`4.-,; '^ ".i 2" ^ x 'm y?:_ ''r 5a �„---.--,,...v... - `k.:..: `"` :.- "moi '1: rc-' 1 , ,s -K Fly.,• .k.� :x'" ,:::�.:,; Y< s, to icogfEni ,,. .. C ge• _ x i K � 2 of.... �, gM �� a f g. ,e4'f-tapq�Gd - �. , 4 1 ppppE L. R 4 1 1 1 1 1 : i 1 2 3 t 3 i 4 i • ' • • ' ' ' I. „„ ' m - 1 .0 . •40Ari , E 5 The proposed Sereno Air view does not show the 45 acres of the new development"Sienna Reserve"entrance,streets or homes just north of our Marsala at Tiburon completed community. I am contacting you to voice my concerns and objections to WCI's proposed rezoning/addition to Pelican Marsh PUD. Please see Florida's Department of Economic Opportunity objections of the rezoning that they believe the proposed change to Map H and Development Order Paragraph 4 (Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve"area set aside for open space by 2 acres and create a substantial deviation pursuant to Section 380.06(19) (e) 3.,F. S....will create additional impacts to regional natural resources. No. 150604-14 Collier county South Florida Water Management District Environment Resource Permit Application. I object to the destruction of over 2 acres of deeded preserve for the proposed entrance. Which was advertised and represented to us at Marsala as..."There is a preserve adjacent to the property and beyond the golf course that ensure forever privacy for your family and friends". Threatened, endangered species of special concern;all pictured in my backyard adjacent to proposed wetlands and rezoning. Wood-stork,roseate spoonbills,tricolored herons, snowy egrets, little blue herons, osprey,whit ibis, cormorants,anhingas,mallards,coots,gallinules,great blue herons,brown pelicans,terns and herons of all species. I also have photos of American alligators and otters. 6 1 X r \I 1 ' 'k Fy a At what point in the planning process is someone held responsible for the known detrimental environmental consequences and direct impact to Naples beautiful natural surroundings,preserves,jurisdictional wetlands and wildlife habitats? When do we stop destroying"all" of the natural surroundings,preserves and wetlands that made Naples the "Crown Jewel" of Southwest Florida that we all invested in and made our home? Thank you for your time and consideration to our concerns to save and protect our Marsala's natural surroundings and deeded preserve. Linda Joyce 14488 Marsala Way Lot#8 adjacent to proposed re-zoning and destruction of wetlands. Tiburon advertises: "Following Greg Norman's philosophy of maximizing the natural allure of the land, each element has been carefully integrated to produce a pleasing atmosphere in which to appreciate the finer aspects of the game. Designated as a Certified Audubon Cooperative Sanctuary by Audubon International, Tiburon strives to protect and enhance its natural surroundings". 7 GundlachNancy From: Linda Joyce<stlmojoyce@gmaii.com> Sent: Tuesday, September 08,2015 3:59 PM To: bcornell@audubonwe.org; kkellum@sfwmd.gov;jbrosiou@sfwmd.gov; scott.rogers©deo.myflorida.com; GundlachNancy; LenbergerSteve; HillerGeorgia; FialaDonna; HenningTom; TaylorPenny, NanceTim Cc: Linda Joyce Subject: Pelican Marsh Rezoning "Objection"&Detrimental Environmental Impact Dear Commissioners, DEO,SW Florida Department of Water Management,Audubon Society &CoIlier County Planning&Zoning Committee persons, I am contacting you to voice my concerns and objections to WCFs proposed rezoning/addition to Pelican Marsh PUD. Please see Florida's Department of Economic Opportunity objections of the rezoning that they believe the proposed change to Map H and Development Order Paragraph 4(Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the"Reserve"area set aside for open space by 2 acres and create a substantial deviation pursuant to Section 380.06 (19)(e)3.,F.S....will create additional impacts to regional natural resources. No. 150604-14 Collier county South Florida Water Management District Environment Resource Permit Application. I object to the destruction of over 2 acres of deeded preserve for the proposed entrance.Which was advertised and represented to us at Marsala as..."There is a preserve adjacent to the property and beyond the golf course that ensure forever privacy for your family and friends". Threatened,endangered species of special concern;all pictured in my backyard adjacent to proposed wetlands and rezoning. Wood-stork,roseate spoonbills,tricolored herons,snowy egrets,little blue herons,osprey,whit ibis,cormorants,anhingas,mallards, coots,gallinules,great blue herons,brown pelicans,terns and herons of all species.I also have photos of American alligators and otters. At what point in the planning process is someone held responsible for the known detrimental environmental consequences and direct impact to Naples beautiful natural surroundings,preserves,jurisdictional wetlands and wildlife habitats? When do we stop destroying"all"of the natural surroundings,preserves and wetlands that made Naples the"Crown Jewel"of Southwest Florida that we all invested in and made our home? • r . 1 The destruction of 31.39 acres of natural surroundings of which 17.28"wetlands"that offer a habitat for wildlife and a natural buffer from the highway 75 noise pollution. Highway 75 noise pollution that greatly and dramatically increased when the approved Sienna Reserve 30 acres began development. Just past our Marsala entrance next to North Collier Regional Park. We all love our serene views,golf course views,preserve,adjacent wetlands and the very beautiful footprint of our Marsala Community's natural surroundings. Thank you for your time and consideration to our concerns to save and protect our Marsala's natural surroundings and deeded preserve. Linda Joyce 14488 Marsala Way Lot#8 adjacent to proposed re-zoning and destruction of wetlands. Tiburon advertises: "Following Greg Norman's philosophy of maximizing the natural allure of the land,each element has been carefully integrated to produce a pleasing atmosphere in which to appreciate the finer aspects of the game. Designated as a Certified Audubon Cooperative Sanctuary by Audubon International,Tiburon strives to protect and enhance its natural surroundings". Dear Commissioner Hiller: We are Collier County,Florida residents and own property located at 14440 Marsala Way,Naples, Florida in Marsala at Tiburon,a neighborhood located within the Tiburon subdivision.Marsala is located on the east side of Livingston Road between Vanderbilt and Immolcalee Roads.It is our understanding that there is a request by WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance.We oppose the variance and rezoning for the following reasons: First,we purchased our lot in Marsala at Tiburon because of the representations of WCI and its sales agent that the property which is the subject of the current variance and rezoning process was a recorded reserve and would always be maintained in that status.This representation was made to us verbally by the sales agent and visually based on the Marsala at Tiburon recorded site plan and a model depiction of the development on display in the sales office.It is our position that the currently approved development plan for WCI's Pelican Marsh Community should not be altered.WCI previously received approval of its plan from Collier County.Purchasers of lots in Marsala relied on that development plan and the Marsala at Tiburon site plan. Second,the deeded reserve area should be protected due to its wetlands and nature habitat.We join in the concerns raised by Linda Joyce(who resides at 14488 Marsala Way)regarding the impact on the wetlands and endangered species should the reserve be destroyed as proposed by WCI in its request to Collier County for a variance and rezoning. Third,the wetlands concern voiced by Linda Joyce is supported by letter dated July 24,2015 from Ana Richmond,Chief,Bureau of Community Planning of the Florida Department of Economic Opportunity to Michael Bosi,Director,Zoning Division,Collier County Growth Management Department.We agree with and support the conclusions reached by Ms.Richmond.Her letter states that the 31.39 acres at issue in WCI's request contain 17.28 acres of jurisdictional wetlands that WCI proposes to impact She states further: "...The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources..." Fourth,we have a public safety concern based on the close proximity of the roadway proposed by WCI to the existing Marsala entrance should the variance and rezoning be granted by Collier County. A new subdivision named"Sienna Reserve"is currently under development on Livingston Road north of Marsala and adding an additional entrance would only create further congestion.We have noticed a substantial number of vehicles going southbound on Livingston making a left turn into Marsala's entrance to turn around and go northbound on Livingston Road in order to access Sienna Reserve and this would add an additional subdivision with cars,dump trucks,and building supply trucks making this same dangerous turn at Marsala's entrance.This also destroys the Marsala 2 entrance roadbed which is property owned and maintained by Marsala residents. We support the Marsala at Tiburon Board of Directors in their opposition to WCI's request for a variance and rezoning. Respectfully submitted, Larry H.Lohman Jewell Dean L.Lohman J.Dean Lewis Lohman 14440 Marsala Way Naples,FL 34109 • jdeanlewis@gmail.com • 3 GundlachNancy From: J. Dean Lewis Lohman<jdeanlewis©gmail.com> Sent: Sunday, September 06, 2015 9:50 PM To: GundlachNancy • Subject: WCI Request for Variance and Rezoning Dear Ms.Gundlach: We own property located at 14440 Marsala Way, Naples, Florida in Marsala at Tiburon, a neighborhood located within the Tiburon subdivision.Marsala is located on the east side of Livingston Road between Vanderbilt and Immokalee Roads. It is our understanding there is a request by WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance.We oppose the variance and rezoning for the following reasons: First,we purchased our lot in Marsala at Tiburon because of the representations of WCI and its sales agent that the property which is the subject of the current variance and rezoning process was a recorded preserve and would always be maintained in that status.This representation was made to us verbally by the sales agent and visually based on a plat and a model depiction of the development on display in the sales office.It is our position that the currently approved development plan for Tiburon and the Pelican Marsh Community should not be altered.WCI previously received approval of this plan from Collier County. Purchasers of lots in Marsala relied on that development plan.We see no justification for WCI to change its mind after the County and purchasers relied on the approved plan. Second,the deeded preserve area should be protected due to its wetlands and nature habitat.We join in the concerns raised by Linda Joyce(who resides at 14488 Marsala Way) regarding the impact on the wetlands and endangered species should the preserve be destroyed as proposed by WCI in its request to Collier County for a variance and rezoning. Third,the wetlands concern voiced by Linda Joyce is supported by letter dated July 24,2015 from Ana Richmond,Chief, Bureau of Community Planning of the Florida Department of Economic Opportunity to Michael Bosi, Director,Zoning Division, Collier County Growth Management Department.We agree with and support the conclusions reached by Ms. Richmond.Her letter states that the 31.39 acres at issue in WCI's request contain 17.28 acres of jurisdictional wetlands that WCI proposes to impact.She states further: "...The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources..." Fourth,we have a public safety concern based on the close proximity of the entrance proposed by WCI to the Marsala entrance should the variance and rezoning be granted by Collier County. A new subdivision named"Sienna Reserve"is currently under development on Livingston Road north of Marsala and adding an additional entrance would only create further congestion.We have noticed a substantial number of vehicles going southbound on Livingston making a left turn into Marsala's entrance to turn around and go northbound on Livingston Road in order to access Sienna Reserve and this would add an additional subdivision with cars,dump trucks, and building supply trucks making this same dangerous turn at Marsala's entrance.This also destroys the Marsala entrance roadbed which is property owned and maintained by Marsala residents. We hope you will consider our concerns in the processing of WCI's request for a variance and rezoning. Respectfully submitted, Larry H. Lohman Jewell Dean L Lohman 1 Sent from my iPad J. Dean Lewis Lohman jdeanlewis@gmail.com 2 411111 SANDCASTLE August 18, 2015 COMMUNITY MANAGEMENT North Collier Government Center 2335 Orange Blossom Drive Naples, FL 34109 Attn: Georgia A. Hiller, Esq. Dear Commissioner Hiller, It has come to our attention that WCI is planning a 32 acre development consisting of 72 home sites just north and adjacent to the Marsala at Tiburon community. The proposed development, on the east side of Livingston Road is between Vanderbilt Beach Road, Sienna Reserve and North Collier Regional Park. Although the Marsala Board of Directors as well as our residents respect the need and benefits of development in Collier County, we strongly oppose this specific project. On behalf of our 56 Marsala property owners, the following points are relevant and most important to our community: • WCI's request for a variance to allow for 2 acres of "Deeded Preserve Land" adjacent to our community and entry road in order to have access to their land locked planned development area is unacceptable. Preserve areas are created for a reason and their elimination should not be taken lightly, and in this case, not permitted. • Granting this access will create significant traffic safety issues as well. If allowed, three closely adjacent curb cuts on Livingston Road along with required deceleration lanes would cross a heavily utilized bike lane. In addition, without additional island cuts, vehicles traveling south will need to make U turns at Marsala Way street entrance in order to proceed north for entry into Sienna Reserve and this WCI planned development. Thus, compounding an already dangerous traffic situation. CCSO can substantiate that this section of Livingston Road has turned into a speedway with vehicles operating at speeds in excess of 60 miles per hour. • Marsala at Tiburon residents were sold property by WCI at a premium, and with the understanding that the adjacent natural preserve as shown on WCI's Marsala's "Site Plan" would be maintained. Now this same developer is attempting to rezone the preserve area and ignore its previous sales activity commitments. Marsala at Tiburon's Board of Directors respectfully requests the support of Collier County officials and disapprove both the variance and rezoning requests by WCI regarding this planned development area. Thank you for your corporation. Marsala at Tiburon, Board of Directors 91r, 11,. �_ 1 . . J D. I of 11110 ,_�'DI BBB GundlachNancy From: Linda Joyce[stImojoyce@aol.com] Sent: Wednesday, August 19,2015 11:57 PM To: HenningTom;GundlachNancy Subject: Fwd:WCI request for variance and rezoning Sent from my iPhone Begin forwarded message: From: Augie Stasio<stasi28@gmail.com> Date: August 19,2015 at 8:15:04 PM EDT To:Alvin Wichard<aawichard@gmail.com>, Linda Joyce<stlmojoyce a,aol.com> Subject: Fwd: WCI request for variance and rezoning FYI- Augie Forwarded message-------- From:J.Dean Lewis Lohman<jdeanlewis@gmail.com> Date:Wed,Aug 19,2015 at 5:31 PM Subject: Fwd: WCI request for variance and rezoning To:Augie Stasio<stasi28@gmail.com>,John Hall<iohn.ish.hall@a,gmaii.com>,Ronald Salvagio<rbsalvagio@gmail.com> Augie,John and Ron, We are forwarding our email sent this date to Georgia Hiller as suggested in your email. Thank you for your diligence in support of the owners of Marsala in this matter. We will not return to Naples until after the September 2nd meeting but will make it a point to attend all meetings and hearing schedule after our return. Larry and Dean Sent frommyiPad J. Dean Lewis Lohman ideanlewis@gmail.com Begin forwarded message: From: "J. Dean Lewis Lohman"<ideanlewis@lmail.com> Date: August 19,2015 at 2:28:13 PM PDT To: "georgiahillera,coJliergov.net"<georgiahiller@colliergov.net> Subject:WCI request for variance and rezoning 1 Dear Commissioner Hiller: We are Collier County, Florida residents and own property located at 14440 Marsala Way,Naples,Florida in Marsala at Tiburon,a neighborhood located within the Tiburon subdivision.Marsala is located on the east side of Livingston Road between Vanderbilt and Immokalee Roads. It is our understanding that there is a request by WCI Communities LLC for a variance and rezoning of acreage adjacent to Livingston Road in Collier County near the Marsala at Tiburon entrance. We oppose the variance and rezoning for the following reasons: First,we purchased our lot in Marsala at Tiburon because of the representations of WCI and its sales agent that the property which is the subject of the current variance and rezoning process was a recorded reserve and would always be maintained in that status.This representation was made to us verbally by the sales agent and visually based on the Marsala at Tiburon recorded site plan and a model depiction of the development on display in the sales office. It is our position that the currently approved development plan for WCI's Pelican Marsh Community should not be altered. WCI previously received approval of its plan from Collier County.Purchasers of lots in Marsala relied on that development plan and the Marsala at Tiburon site plan. Second,the deeded reserve area should be protected due to its wetlands and nature habitat. We join in the concerns raised by Linda Joyce(who resides at 14488 Marsala Way)regarding the impact on the wetlands and endangered species should the reserve be destroyed as proposed by WCI in its request to Collier County for a variance and rezoning. Third,the wetlands concern voiced by Linda Joyce is supported by letter dated July 24,2015 from Ana Richmond,Chief,Bureau of Community Planning of the Florida Department of Economic Opportunity to Michael Bosi,Director,Zoning Division,Collier County Growth Management Department. We agree with and support the conclusions reached by Ms.Richmond.Her letter states that the 31.39 acres at issue in WCIs request contain 17.28 acres of jurisdictional wetlands that WCI proposes to impact. She states further: "...The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources..." Fourth,we have a public safety concern based on the close proximity of the roadway proposed by WCI to the existing Marsala entrance should the variance and rezoning be granted by Collier County. A new subdivision named"Sienna Reserve" is currently under development on Livingston Road north of Marsala and adding an additional entrance would only create further congestion. We have noticed a substantial number of vehicles going southbound on Livingston making a left turn into Marsala's entrance to turn around and go northbound on Livingston Road in order to access Sienna Reserve and this would add an additional subdivision with cars,dump trucks,and building supply trucks making this same dangerous turn at Marsala's entrance. This also destroys the Marsala entrance roadbed which is property owned and maintained by Marsala residents. We support the Marsala at Tiburon Board of Directors in their opposition to 2 WCI's request for a variance and rezoning. Respectfully submitted, Larry H. Lohman Jewell Dean L.Lohman Sent from my iPad J. Dean Lewis Lohman 14440 Marsala Way Naples,FL 34109 jdeanlewis@gmail.com • 3 GundlachNancy From: Celia Lazaro[cgI317©yahoo.com] Sent: Wednesday,August 19,2015 9:40 AM To: GundlachNancy Cc: stevenlenberger©colliergov.net; Michaelsawyer@collier.gov.net Subject: Fw: Marsala at Tiburon resident, Naples, FL I am counting on your diligence in pursuing this matter, in not letting GREED trump NATURE. Thank you so much, Celia Lazaro 14495 Marsala Way MARSALA at TIBURON community(adjacent to such a project) -- Forwarded Message ----- From:Celia Lazaro<cg13174vahoo.com> To:"georgiahiiler .collieraov.net"<aeorgiahilleracollieraov.net> Sent:Tuesday,August 18, 2015 3:22 PM Subject:Marsala at Tiburon resident, Naples, FL Mrs Hiller, I'm Celia Lazaro,one of the 56 residents at MARSALA AT TIBURON, Naples, FL. It came to my attention the request by WCI Communities LLC, requesting the County to approve their applications to rezone 32+/-acres from Agriculture to the Pelican Marsh DRI/PUD, in order to build 751111 single family detached dwelling units, adjacent to my community. This wilt"destroy"an amazing Preserve area north of my community(Marsala at Tiburon)with incredible Impact on natural habitats, beauty of the land, peaceful environment, increase in traffic, noise etc. I request your careful attention to this request that will impact our surroundings based on this UNWANTED development.We have to protect our environment at all costs. Respectfully, Celia Lazaro 14495 Marsala Way Naples, FL 34109 s GundlachNancy From: Linda Joyce[stimojoyc a gmail.com] Sent: Sunday,August 16,2015 4:10 PM To: HenningTom Cc: Linda Joyce; Kari Jacobson;John Mancuso;Celia Lazaro;Jam;GundlachNancy Subject: Fwd: Pelican Marsh rezoning R1 75 homes objections&concerns Mr Tom Henning, As our commissioner of District 3,we are contacting you to voice our concerns and objections to WCI's proposed rezoning/addition to Pelican Marsh PUD.I have met with and spoke to Nancy Gundlach on two occasions. I have also spoke with Steve Lenberger of Environmental Review and Michael Sawyer of Transportation. After speaking with several neighbors we have many concerns to the proposed rezoning. Please see Florida's Department of Economic Opportunity's objections to WCI Pelican Marsh rezoning stating that they believe the proposed change to Map H and Development Order Paragraph 4 (Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create a substantial deviation pursuant to Section 380.06 (19)(e)3.,F.S will create additional impacts to regional natural resources. We at Marsala object to the destruction of over 2 acres of deeded preserve for the proposed entrance. Which we believe is grossly underestimated by WCI. Which was advertised by WCI as..."There is a preserve adjacent to the property and beyond the golf course that ensure forever privacy for your family and friends". We also object to the destruction of 17.28 acres of"jurisdictional wetlands",and the loss of habitat for threatened and endangered species. (Please see forwarded email to Nancy Gundlach&photos from my back yard) The destruction of 31.39 acres of natural surroundinpa of which 17.28 "wetlands"that offer a natural buffer from highway 75 noise pollution.Highway 75's noise pollution greatly and dramatically increased when Sienna Reserve 30 acres began development. Just past our Marsala entrance next to North Collier Park. Tiburon advertises, "Following Greg Norman's philosophy of maximizing the natural allure of the land,each element has been carefully integrated to produce a pleasing atmosphere in which to appreciate the finer aspects of the game. Designated as a Certified Audubon Cooperative Sanctuary by Audubon International,Tiburon strives to protect and enhance its natural surroundings". We are all very concerned with the anticipated increase in traffic and noise with the recently approved Sienna Reserve of 45 homes on Livingston Road and WCI's proposed 75 homes. This will dramaticly impact our Marsala @ Tiburon entrance and our ability to go south on Livingston or leave Marsala safely with all the anticipated u-turn traffic. After speaking with Michael Sawyer from Transportation,I learned they could not even tell if it was a legal access point due to the lack of information from WCPs proposal. 1 Or if WCI's proposed"Sereno Naples" entrance met the minimum distance requirement from our entrance at Marsala or Sienna Reserve's entrance. Please note that on google maps and the proposed plot plan, Sienna Reserves Community entrance off off Livingston Road is not even shown. Thank you for you time and consideration to our concerns and objections to the entrance off Livingston Road through a deeded preserve. We believe it will significantly diminish our natural surroundings and beautiful footprint of our Marsala community. Linda Joyce 14488 Marsala Way Lot #8 adjacent to proposed Ri 75 homes rezoning. #314-223-1800 Begin forwarded message: From: Linda Joyce<stlmojoyce@gmail.com> Date: August 14,2015 at 3:57:27 PM EDT To: stevelenberger@colliergov.net Subject: Fwd: Pelican Marsh Link for Golf course description Audubon Sanctuary Begin forwarded message: Steve, Thank you for taking the time to explain the environmental requirements for Pelican's Marsh request for rezoning to R1 and the review process. Today I contacted the Audubon Society of Collier for their help upon learning that Tiburon(Pelican Marsh Community) is designated as a Certified Audubon Cooperative Sanctuary by Audubon International. Tiburon advertises, "Following Greg Norman's philosophy of maximizing the natural allure of the land, each element has been carefully integrated to produce a pleasing atmosphere in which to appreciate the finer aspects of the game. Designated as a Certified Audubon Cooperative Sanctuary by Audubon International,Tiburon strives to protect and enhance its natural surroundings". As part of the requirement for purchasing our home in Tiburon,all the homeowners were required to join the exclusive Tiburon Golf Club for a$25,000 non refundable fee(Social-membership)plus pay the$4400 annual yearly dues. Each homeowner in Marsala @ Tiburon pays an additional$1000 HOA yearly fee to Tiburon and a$3000 yearly HOA fee for just Marsala. 2 So we all have over a million dollars invested in our Marsala @ Tiburon community. We hope you will consider the significantatissues while reviewing WCI's Pelican Marsh proposed change that will create additional impacts to regional natural resources and wildlife in the Marsala @ Tiburon community. Please also refer to Florida's DEO dated July 24,2015 objection tor WCI's proposed change due to the destruction of 2 acres of deeded preserve for the access road and 17.28 acres of jurisdictional wetlands. We love our serene views,preserve and adjacent wetlands which offer a natural buffer from highway 75 noise pollution. Thank you for your help and consideration. Linda Joyce 14488 Marsala Way Lot#8 adjacent to proposed rezoning I k _ { • r i F 5 I A Sent from my iPad 3 Begin forwarded message: From: Lori Beall<audubonwe a,Iive.com> Date: August 14,2015 at 10:49:55 AM EDT To: "stlmojoyce@gmail.coln" <sti noioyce@gmail.com> Subject:RE: Link for Golf course description Audubon Sanctuary Thank you Linda. I will pass on to the right people. I hope we can make a difference! Lori Beall Membership Services Director Audubon of the Western Everglades 1020 8th Ave.South,Ste.2 Naples,FL 34102 239-643-7822 www.au ubonwe,orq ` A hint before you print-Think Green Our mission is to promote an understanding of and interest in wildlife and the natural environment that supports it and to further the cause of conservation of all natural resources. From: stlnloj oyce,@Rrnail.com Subject:Fwd: Link for Golf course description Audubon Sanctuary Date: Fri, 14 Aug 2015 10:43:59 -0400 CC: mancusoce@amail.com; KJacobson a,lacavajacobson.com To: audubonwe@live.com Lori please see the link below where Tiburon is a "Certified Audubon Cooperative Sanctuary" I live on hole#13  on Tiburon's Black Course that is adjacent to the proposed rezoning. 4 I The proposed rezoning from agricultural to Residential R1 for 75 i homes on 31.39 acres of which 17.28 acres is designated j "jurisdictional wetlands". WCI is also requesting the destruction of two deeded preserve acres off Livingston Road for access. I 11Y tc.5 rgucfLsicf Lwwnn.Na SD+n+n..::.,.*.rr.^vy..." r ,::..::b: _ a P › 1 :::::›0000211*. .y , . e �� a 6i•t t 'i,t'.¢�sr1/16 ,/ ' i to "L lkin r^It id .Y r Ir i...,, w .r .MY.w ...w Y 1.11.=. Y..... Maw W.+k w r....:. 5 •0000 AT&T 10:22 AM < Mail Golf - Tiburon Golf Club Sophisticated and alluring , Tiburc 18-hole championship courses ar to the PGA Tour's Franklin Temple Shootout and the LPGA CME Toy Championship, which brings man top names in golf to this prestigio destination . With all of its exquisite amenities, Tiburon's main remains the two superb golf courses. The Gold Black, designed by golf legend Greg Norman. Til enjoy unique stacked sod wall bunkers, coquina bunkers and the absence of conventional rough. Greg Norman's philosophy of maximizing the nai the land, each element has been carefully integr; 6 s* AT&T ^ , 6:05 PM 189 Message WciSerenoAirFIatA.PDr= r i 3 Y I✓✓✓iii i,d 1, ar, . i:,,ii ,,,t. N,„ Ny - :-' .*' ems . f ,,2k i 1 Begin forwarded message: From: mancusoce(CD,gmail.com. Date: August 14, 2015 at 10:21:59 AM EDT To:Linda Joyce<stlmojoyce(a,gmai1.com> Subject: Link for Golf course description Audubon Sanctuary Designated as a'Certified Audubon Cooperative Sanctuary by Audubon International' http://www.tiburongcnaples.com/Defaultaspx?p----d ynami cmodule&pageid=400929&ssid=327457&vnf =1 Sent from my iPad • ii•Wi..'1,• • -1 • ,. ., • I, ,,,,, gp., ,. , , .r ..41.,,,,.• . . , ,ir''"" '',C- " ?"0 ' • ri . • ,..or -:..,,- - • ,,... -,- ',JO. li. '..4r,' •'`, - ' - .-' A 0 4,„ .... .. ..,_ , . ...:..•_ , _ . .-r• V-,•••'' ''' '''''y- •#,-ir ' ii 14. . ,. . . N, ,,,,,:i.,' •. ..- 'i: 7'fis ,, i ' . - ; ' ---. - . .. . ..,-... . . . . '. 's,- •,* . .-. ! m lio, •. • - ',— . ' ' . . 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I x , 1 • . __ - I 060.. ....-:e . ., I 9e.'. • ... • . 0' 1 , • li( “4 . , lik, '..,: _ .. .... . 1 .. . - . 1 t I - - . ,, 1 4 1 ,, - . .. .... , ,. . . . , 1 o- GundlachNancy From: GundlachNancy Sent: Tuesday,August 11,2015 3:40 PM To: 'stimojoyce©icloud.com' Subject: FW: Marsala preserves for access road off Livingston Pelican Marsh Hi Linda, Steve Lenberger forwarded your email to me. Please see my correct email address below. (There is a silent"d" in the middle of my last name.) Sincerely, Nancy Gundlach,AICP, PLA#1244 Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@coiliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record,unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From: LenbergerSteve Sent:Tuesday,August 11, 2015 2:59 PM To: SawyerMichael Cc: stimojoyce@icioud.com; GundlachNancy; BrownAraqueSummer Subject: FW: Marsala preserves for access road off Llvingston Pelican Marsh Hi Michael! Received this e-mail and subsequently spoke with Linda Joyce concerning the proposed amendment to Pelican Marsh. I answered her questions concerning environmental review and need to know what other legal access, if any,exists for the proposed lands to be added to the PUD.Thank you! Stephen From: Linda Joyce[mailto:stlmojovicePicloud.com] Sent:Tuesday,August 11, 2015 1:56 PM To: LenbergerSteve; NancvGunlach@colliergov.net Cc:john jsh.halft gmail.com; Linda Joyce; Celia Lazaro; Christine Mancuso;Jam Subject: Fwd: Marsala preserves for access road off Livingston Pelican Marsh 1 b R 4 1' • q* q s 2y , .1 °� r . .-.r 1. 5 C_ . e IC � �6 &. .w.Lti .y +3e "461,,"44 l''• 2 47 „a xrw kms.• r.:.ra • 0 f + t~ x e • � r41• , @ 9 t � � 11i • ',• %I 6. f, Y'.` Al '11 :y y * '''.4"6,4%.;' eat- .. .+.--- •• -.iv- r rr:; 7,M N•A w .„,,, "',5.tirtY` Ib:ltd^ aF` r .�y} �, iii. 3c., y�, a f 'r e e A ♦ ; " -,--:_111.""": •.. 3 ��, r .;� ,gip 4 • °rte' 4,,,t7;71 S i. }`, rr` g. .:; p b d r iIIS 4 I "ma .. , 1'5 k t I ,,, ' ' ' 414.'"1- '''''..- --01V . „ p... .0,3�1 tt 1 '% `-' zi. 4:‘,..„.. c , �, , t ai w p } s * } "" ti `oAr ye + � t,..P_4 "f . • � rnFr�: it a yrYY 0 "' `6t ` .is1 ; _ '.'. , ., :,,,r " :\':'':,.. 10 •'-7'f-":„,„,--..' .. x, � k ^� � -p - 4 ,„a sci14 " s -...• ..�� - ( ,ri ',-.70f,..,"?..,: 0. '� ..7":1;R' ,,,..4 ; _.,,,,,,,t t7,- , k.�� J'�": ""�.#,i i ref tx'� , , �b "IQIIiiipft a 4 1 _ ., •a.1is�, t r*. Yi ,- 4 1 r f 4•1°' d 4 - p " .4,a, 1 e• i_ , li 5 k k �- -. •iY 1 5, °1 Y t#4: 41%. fip... Nancy, Thank you for the information concerning the public meeting for the proposed rezoning of Pelican Marsh off Livingston Road on September 2. I will forward the information to one of our board members. I have been informed by our board member, Ron Salvagio,the proposed entrance off Livingston Road next to the Marsala entrance is deeded preserve. I will also follow up with our 5 commissioners and Steve Lenberger. Linda Joyce 14488 Marsala Way lot#8 adjacent to rezoning II 6 Naples, Florida 34109 •f c o AT&T 11 318 PM 19946 MID Message WciSerenoAirFlatA.PDF 111 ry q t i' WT Gt"�W 'l.P�.4: ..h ,-._I.t,a k t- ;10 II infillikiklli41 -ir.', -1-.*;'-', --' ''‘i,'L' 1a I Thank you for meeting with me on July 3 concerning the rezoning of Pelican Marsh off Livingston Road. After speaking with several neighbors we have many concerns. Excessive Noise and added traffic on Livingston Road. Specifically at our Marsala at Tiburon Entrance. Destruction of deeded preserve for the proposed entrance. Destruction of habitat for threatened and endangered species.All of which on WCI's application fraudulently stated absent. See my photos from my back yard. Threatened, endangered species of special concern: all pictured in my back yard adjacent to 7 proposed rezoning. Wood Stork,roseate spoonbills,tricolored herons, snowy egrets,little blue herons,osprey,whit ibis, cormorants, anhingas,mallards,coots,gallinules,great blue herons,brown pelicans,terns and herons of all species. American Alligator and otters. I would like to arrange another meeting to discuss these issues along with any additional updates from WCI. Linda Joyce 14488 Marsala Way Naples,Florida 34109 #314-223-1800 Sent from my iPhone Begin forwarded message: From: Linda Joyce<stlmojoyce@icloud.com> Date: August 11,2015 at 1:27:15 PM EDT To:NancyGunlach@colliergov.net Subject: Fwd: Marsala preserves for access road off Livingston • Sent from my iPhone Begin forwarded message: From:Linda Joyce<stlmojoyce@icloud.com> Date: August 3,2015 at 7:35:18 PM EDT To: Christine Mancuso<mancusoce@gmail.com>, Celia Lazard <cg1317@yahoo.com>,john.jsh.ha11@gmail.com Subject: Marsala preserves for access road off Livingston 8 34109 For sale ( . 14512 Ma Way, Naples, FL 34109 4 beds • 6 baths • 4,400 sqft Edit Edit home facts for a more accurate Zestimate. SOLD: $1 ,450,000 1 i' Sold on 03/26/1 Zestimate®. Rd Est. Mortgage: $5,5311036x= M. tiz See current rates An elegant estate home awaits you upon er into the two-story foyer with a dramatic, lig! barrel ceiling. Enjoy looking over the Black C at the Tiburon/Ritz-Carlton Golf Resort with rock waterfall flowing into the pool and spa enjoy the outdoor fireplace and serene viev Custom designed by the award-winning tea i 81 MENU SUBSCRIBE ACTIVATE LO The Cortez is one of three estate floor plans offered in Tiburon's Marsala neighborhood of 56 oversized homesito nestled against nature preserves, lakes and nine Greg Norman-designed golf holes. The one- and two-story homes offer foi bedrooms and range from 3,526 to 4,4 square feet of living space. Homes in Marsala are priced starting at $766,00 McDonald worked with WC1 to select t optional features to be shown in the 11 GundlachNancy From: J. Dean Lewis Lohman <jdeanlewis c©gmail.com> Sent: Thursday, November 19,2015 8:47 PM To: GundlachNancy Subject: Marsala-WC! Planning Commission Hearing December 3,2015 Attachments: 151008-29 RAI 1 20151105.pdf;ATT00001.txt Nancy, Could you please place this letter attached dated November 5,2015 from the South Florida Water Management District with our letter to the Planning Commission in the meeting packet? I will be sending you one additional letter by separate emll. Thanks Larry and Dean Lohman http://my.sfwm d.gov/e ntsb/docdownload?object_id=0900eeea88 b6c9c5 1 4,,-1ER hi.,tii SOUTH FLORIDA WATER MANAGEMENT DISTRICT • Regulation Division November 5, 2015 • Michael Delate, P.E. Q. Grady Minor&Associates, P.A. 3800 Via Del Rey . Bonita Springs, FL 34134 Subject: Touchstone Parcel Addition to Tiburon Environmental Resource Permit Application No. 151008-29 Permit No. 11-01568-P-02 Collier County Dear Mr. Delete: District staff have reviewed the above-referenced application.As discussed with you on October . 28, 2015, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. I), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. The required application fee is $3,300. Please provide the remaining application fee of $3,050. In accordance with Rule 62-330.060(2) F.A.C. the application cannot be deemed complete until all required application fees have been paid. 2. The submitted Section A and authorization form indicate WCI Communities, LLC as the entity to receive the permit.A District permit may only be issued to a property owner, contract purchaser, lessee, easement holder, or an entity with the power of eminent domain. Please provide documentation demonstrating that the applicant is the owner of the subject property. Pursuant to Application No. 150604-14, Pelican Marsh East, this parcel may be under contract to purchase from Tiburon Golf Ventures Limited Partnership. Please submit a copy of the contract for purchase. Alternatively, please revise the application (Section A) to indicate that Tiburon Golf Ventures Limited Partnership, as current owner, is the entity to receive the permit(Section 4.2.3 (d)Vol. I). 3. District staff acknowledges the submitted sketch and legal descriptions for the partial release of conservation easement. Please submit two originals of the executed partial release of k- tDISTRICT HEADQUARTERS: 3301 Gan Club Road,Wert Palm Beach,Florida 33406 • (561)6864800 • (800)432-2045 1�' Mailing Address: PO BOX 24680 West Palm Beach FL,33416.4680 1/05/2015 LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929• (800)248-1201 OKEECHOBEE SERVICE CENTER: 3800 N.W.16°Blvd,Suite A,Okeechobee,FL 34972 •(863)462-5260 • (800)250-4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Suite 200,Orlando FL 32809 •(407)858-6100 • (800)250-4250 .. Michael Delete, P.E. Touchstone Parcel Addition to Tiburon, Application No. 151008-29 November 5, 2015 Page 2 conservation easement forms and the associated required exhibits (Exhibit A) for District staff to review. Please submit a digital representation of the Release Parcel in a digital ESRI Geodatabase(mdb), ESRI Shapefile(shp)or AutoCAD Drawing Interchange(dxf)file format using Florida State Plane coordinate system, East Zone (3601), Datum NAD83, HARN with the map units in feet, on a disk. In order to ensure the applicant has sufficient legal interest to conduct the work associated with the subject application [as required by Volume 1, Section 4.2.3(d)], the easement must also be released by the SFWMD Governing Board. Once the forms are received, and once the site plan has been finalized, the documents will be placed on the next available Governing Board Agenda. Once the Governing Board takes action,we will notify you of the outcome. 4. Pursuant to Application No. 001004-11/Permit No. 11-01568-P-02, the preserves of Tiburon were established in part to provide a wetland/upland wildlife corridor to maintain connectivity to off-site wetland areas, and provide a variety of habitats for wildlife usage. Please demonstrate that the proposed roadway through a preserve area in Tiburon will not adversely impact wetland dependent wildlife: (Section 10.2.2, Vol. 1) a. In order to reduce potential wildlife impacts from the roadway, please include wildlife crossing signs and traffic calming devices. b. Please indicate a native herbaceous structural buffer on the north and south side of the roadway. c. Please demonstrate whether a small mammal crossing could be installed under a portion of the roadway adjacent to the proposed culverts. d. Please provide a copy of the standard Florida Fish and Wildlife Conservation Commission Big Cypress fox squirrel pre-construction survey. 5. Based upon the submitted information, sufficient mitigation has not been provided to offset the proposed direct and secondary wetland impacts. Please provide the following information in regards to the submitted functional assessment: (Rule 62-340 F.A.C. and Section 10.3, Vol. 1): a. The project proposes to impact existing wetland mitigation areas for Permit No. 11-01568-P-02, which are areas that were provided to offset wetland impacts associated with the development.Therefore,the mitigation for impacting these areas will need to address the functional lift that was assigned to these areas. Please revise the submitted functional assessment to adequately address this functional loss (Section 10.3 and 10.8, Vol. 1). b. The community structure score appears low. Please revise the score to reflect the onsite conditions of the preserve area (less than 25%exotic coverage/desirable plant species in the appropriate stratum, evidence of natural recruitment, etc.), version 04092015 Michael Delate, P.E. • Touchstone Parcel Addition to Tiburon, Application No. 151008-29 November 5, 2015 Page 3 c. Pursuant to the monitoring reports submitted as a part of the Tiburon ERP, wood storks, great egret, and other wetland dependent species have been observed utilizing the onsite preserve areas. The submitted secondary impact analysis for the proposed access roadway was calculated as 25-ft on either side, plus two additional small areas south of the right-of-way. Due to the degree of potential adverse impacts to wildlife that .the roadway poses (e.g. flushing of birds by sight/sound of vehicles/people), additional partial secondary impacts are required beyond the 25-ft on either side of the roadway (e.g. decrease in,location score). Please contact Environmental Analyst Karyn Allman at 239-338-2929 ext. 7626 to discuss this issue. (Sections 10.2.2 and 10.2.7, Vol. 1) d. Please add a note to the engineering plans that any temporary impacts from construction of the cross-drains/mitered end sections will be restored to natural wetland conditions. e. Once the functional assessment and impacts to wetlands has been finalized, and the impacts to wildlife have been reduced to the extent practicable, please provide a mitigation plan that adequately offsets the proposed impacts. Pursuant to the submitted environmental supplement, mitigation bank credits are proposed from Panther Island Mitigation Bank. If the mitigation bank credits are determined to be sufficient mitigation to offset impacts to the preserve area pursuant to Section 10.3 and Section 10.2.1.2,Vol. 1, please submit a letter of reservation from Panther Island Mitigation Bank indicating the amount and type of credits. Please contact Environmental Analyst Karyn Allman at 239-338-2929 ext. 7626 to discuss the mitigation plan. (Section 10.3, Volume 1) 6. What is the proposed source for landscape irrigation water? Will temporary dewatering be required as part of the construction activities? Please contact Brad Cook, P.G. at 239-338- 2929 ext. 7746 to determine if a Water Use Permit(s) will be required for irrigation and/or dewatering. Because of the inseparable nature of water use and surface water management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken only when both applications have been deemed complete. 7. District staff acknowledges the submitted ERP Application No. 150604-14 for the Pelican Marsh East development associated with the proposed roadway access. These applications will be reviewed concurrently, and neither will be deemed completed until both are complete. Advisory Comment: The following comments are advisory in nature and do not require a response to the District. fi Al. District staff has been contacted by third parties with concerns regarding the Pelican Marsh East application, which originally included the proposed roadway. Please contact the t, version 04092415 Michael Delate, P.E. Touchstone Parcel Addition to Tiburon, Application No. 151008-29 November 5, 2015 Page 4 project reviewers and/or reference the epermitting website for Application No. 150604-14 for further information regarding the correspondence received to date. District staff recommends F coordinating with these entities and providing additional information regarding how these concerns have been addressed. A2. Included with this letter/permit is a brochure from the Florida Department of Environmental Protection (FDEP) on Florida's National Pollutant Discharge Elimination System (NPDES) program for construction activities. As the brochure indicates, the U.S. Environmental Protection Agency authorized the FDEP in October 2000 to implement the NPDES stormwater permitting program in Florida. The District is assisting FDEP by distributing this information to entities which may be subject to regulation under the NPDES program. No response to the District is required. A "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES-stormwater@dep.state.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us/water/stormwater/npdes/ . Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.gov/epermitting) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Information regarding the District's comprehensive ePermitting program is enclosed. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to the Lower West Coast Regional Service Center. In accordance with Section 5.5.3.5 of Vol. I and Rule 40E-1.603(1)(d) F.A.C., if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, please contact one of the District staff members below with a request for an extension before the 90 day period ends. version 04092015 I Michael Delate, P.E. Touchstone Parcel Addition to Tiburon, Application No. 151008-29 November 5, 2015 Page 5 The District recommends contacting the assigned staff members to resolve the above questions and concerns prior to submitting a response. Karyn Allman and Errol Noel are available at 239- 338-2929 to assist with questions. Sincerely, akt--ia r .n.ta.l_ Laura P. La man _ Section Leader South Florida Water Management District cc: WCI Communities, LLC, Paul Erhardt, PaulErhardt@wcicommunities.com Marco Espinar, Collier Environmental, marcoe@prodigy.net J. Dean Lewis Lohman,jdeanlewis@gmail.com Linda Joyce, stlmojoyce@icloud.com John Fumero, Nason, Yeager, Gerson,White & Lioce, PA,jfumero@nasonyeager.com i44 pfd I'. f4' Ik� vsrsion 040920 5 DEQ Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT if ECONOMIC OPPORTUNITY July 24, 2015 Mr. Michael Bosi, Director,Zoning Division Collier County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: NOPC for Pelican Marsh DRI; File No.ADA-09-1994-007 Dear Mr. Bosi: The Department of Economic Opportunity received a Notification of Proposed Change (NOPC)to the Pelican Marsh Development of Regional Impact(DRI)on June 16, 2015,from Mr. D.Wayne Arnold, authorized representative of WCI Communities LLC. The applicant proposes to amend the DRI Development Order as follows: (1)add 31.39 acres to the DRI and show the 31.39 acres as residential on Map H without increasing development entitlements for residential dwelling units, commercial and office uses; (2)modify Map H to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" area to Livingston Road; and (3)modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. (NOPC Item 1): The proposed addition of 31.39 acres for residential development is presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data, Collier Environmental Consultants, Inc., May 2015),the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site. The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. Please see the enclosed comments from the South Florida Water Management District raising concerns regarding impacts to natural resources from proposed • Mr. Michael Bosi July 24, 2015 Page 2 of 2 development of the 31.39 acres. Therefore,the Department objects to the proposed change (NOPC Item 1). (NOPC Items 2 and 3): The proposed change to Map H and Development Order Paragraph 4(Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the"Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional Impacts to regional natural resources. Therefore, the Department objects to the proposed change(NOPC Items 2 and 3). The Department recommends the applicant coordinate with the Southwest Florida Regional Planning Council,South Florida Water Management District, and Collier County to address the objections. If additional information is provided to adequately address the objections,the Department will reconsider its position. If you have any questions relating to this review, please contact Scott Rogers, Planning Analyst, at(850)717-8510,or by email at scott.rogersPdeo.mvflorida.com. Sincerely, Ana Richmond,Chief Bureau of Community Planning AR/sr Enclosures: SFWMD comments Collier County comments cc: D.Wayne Arnold, Q. Grady Minor and Associates,P.A. Margaret Wuerstle, Executive Director,Southwest Florida Regional Planning Council �o eCor�i-tty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach,AICP,RLA,Principal Planner Zoning Division,Zoning Services Section From: Sue Faulkner,Principal Planner Zoning Division,Comprehensive Planning Section Date: June 29,2015 Subject: Future Land Use Element Consistency Review PETITION NUMBER: DOA-PL20140002309 PETITION NAME: Pelican Marsh Development of Regional Impact(DRI) REQUEST: The petitioner is requesting to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order(DO)#95-1, as amended,to add 132 acres for a total of 12,245 acres. The petitioner is also requesting that the Pelican Marsh DRI be amended to reduce the designated reserve lands(located to the east of Livingston Road)by *2 acres. As part of this request, the petitioner is proposing to amend Exhibit A—Legal Description and Exhibit D (Map H3) to show the additional acreage and an additional access point on Livingston Road. The petition is proposing that a maximum of 75 single family dwelling units could be constructed on this additional property, but that the total of 4,800 dwelling units previously approved for the Pelican Marsh DRI will remain unchanged. LOCATION: The subject property is located in the northeast quadrant of the intersection of Livingston Road and Vanderbilt Beach Road in Section 31,Township 48 South,Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is approximately 132 acres and is identified as Urban Designation,Mixed Use District, Urban Residential Subdistrict in the Future Land Use Plan(FLUE)Element of the Growth Management Plan. The existing MPUD has multiple future land use designations and is eligible for 3+DU/A. The petitioner has requested that the 132 acres of the subject site be rezoned from A, Rural Agricultural Zoning District to the Pelican Marsh Mixed Used Planned Unit Development (MPUD). This proposed MPUD zoning would allow up to a maximum of 75 residential dwelling units but without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.25 DU/A [4,800 DUs/2,133.6 acres (2,213.6 acres less 80 acres of commercial)] to the proposed 2.22 DU/A [4,800 DUs / 2,165.6 acres]. No changes are proposed to commercial uses or acreage, golf course, school site, etc. Therefore, the proposed density is consistent with Future Land Use Element(FLUE). Consistency with FLUE Policies 5.4 and 7.1—7.4 is addressed by staff in the companion PUDZ-A consistency review. CONCLUSION Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE. PETITION ON CITYVIEW 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 Page 1ofI COLLIER COUNTY Growth Management Department June 30,2015 Mr.D.Wayne Arnold, Q Grady Minor and Associates,P.A. 3800 Via Del Ray Bonita Springs,FL 34134 EMAIL-warnold@gradyminor.com; sumpenhour@gradyminor.com RE: Development Order Amendment,PL20140002309 Pelican Marsh(DOA) Review Letter# 1 Dear Mr.Arnold, The first review is now complete. Please respond to the review comments below. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all reviw comments are satisfied. l• The following comments shall be addressed as noted: ti Review: Environmental Review Reviewed By: Richard Anderson Email:RichardAnderson@colliergov.net Phone#:(239)252-2483 Correction Comment 1: Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,the maximum amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within existing utility,drainage,and access easements from the preserve calculations(LDC3.05.07 B.-D.). Proposed DR1 DO Amendement text(paragraph 4.) shows 358.4 acres of conservation area while the Master Plan show 358.3 acres.Please correct. Review: Transportation Planning Review Reviewed By: Michael Sawyer Email: michaelsawyer@colliergov.net Phone#:(239)252-2926 Correction Comment 1: Miscellaneous Corrections Rev.l: Please revise master plan to clearly show both existing and proposed access points east of Livingston Road making sure locations meet 660'separation standards(including access for Hamilton Greens to the north). Please also revise master plan to show residential development located consistently with existing/constructed location(s)and make sure the master plan is readable at 8.5x11 format. j Review: Zoning Review Reviewed By:Nancy Gundlach Email: nancygundlach@colliergov.net Phone#:(239)252-2484 Correction Comment I: Miscellaneous Corrections Please revise all of the references from "Pelican Marsh MPUD"to"Pelican Marsh PUD." Review: County Attorney Review Reviewed By:Heidi Ashton Cicko Email:heidiashton@colliergov.net Phone#:(239)252-8400 Correction Comment 1: Miscellaneous Corrections Is the Pelican Marsh CDD being expanded to include the 32 acres? Correction Comment 2: Miscellaneous Corrections Please send amendment text in WORD format. Correction Comment 3: Miscellaneous Corrections Please reference the attached "Request for Legal Services"document. The following comments are informational and/or may include stipulations: Stipulation: • Stormwater Planning Review's stipulation for approval: Water Management System for the additional 32 acres will connect to and discharge into the existing Pelican Marsh Water Management System. GENERAL COMMENTS: Nancy Gundlach @(239)252-2484 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. 2. Please be advised that pursuant to the LDC,an application can be considered closed if there has been no activity on the application for a period of six(6)months. That six months period will be calculated from the date of this letter. 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. 4. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to all comments. • 5. Please put revised dates on all exhibits and in the title block of the Site Plan. 6. Please provide electronic copies of the documents and exhibits(Word or jpg,as appropriate). 7. A partial resubmittal cannot be accepted;please do not resubmit until you can respond to ALL review comments. 8. Public hearings cannot be held until a Neighborhood Information Meeting(NIM)has been held. Please contact me to arrange that meeting.As you prepare for that meeting,please be aware of the following items: a) Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC);and b) Please post signs to direct attendees to the exact meeting location;and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone;and d) Due to county staff reductions,you, as the agent,will be required to provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape;and Please prepare documents for hand out to all NIM attendees and the public hearing file,that show the differences in the uses that would be allowed in the existing and proposed zoning districts.This request is based upon recent CCPC direction. • Please direct all resubmittals through the Department of Operations&Regulatory Management—Business Center,providing the appropriate number of copies after making an appointment for your resubmittal. If you have any questions,please contact me at(239) 252-2484 or by e-mail at nancygundlach@colliergov.net. Sincerely, I ��1`,t lr\, t..., t Nancy Gundlach,AICP Principal Planner C: Barry Ernst, WO Communities,LLC Heidi Ashton Cicko Michael Sawyer Richard Anderson GundlachNancy From: J. Dean Lewis Lohman<jdeanlewis©gmail.com> Sent: Thursday, November 19,2015 9:02 PM To: GundlachNancy Subject: Marsala-WCI Planning Commission Hearing December 5,2015 Attachments: DEO Letter 7-24-15.pdf;ATT00001.bct • Nancy, Would you also please include the attached letter with our letter in the Commission members'meeting packets?Thanks so much for your continued help. Larry and Dean Lohman • 1 (! )f SOUTH FLORIDA WATER MANAGEMENT DISTRICT • Regulation Division July 2, 2015 Michael J. Delete, P.E. Q. Grady Minor&Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Subject: Pelican Marsh East Environmental Resource Permit Application No. 150604-14 Collier County Dear Mr. Delete: District staff has reviewed the above-referenced application. As discussed with Marco Espinar on June 12, 2015, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. I), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. The proposed project is immediately surrounded primarily by District conservation easements, and the current site plan results in impacts to 100% of the on-site wetlands, as well as impacts to an adjacent offsite conservation easement for the proposed access road. Please provide a reduction and elimination analysis pursuant to Section 10.2.1,Vol. I. It appears that design modifications can be made to reduce direct wetland impacts onsite, to reduce offsite secondary impacts, and to maintain some level of connectivity between the adjacent preserve areas. 2. With regard to the legal memorandum submitted to support the need to access the site through the adjacent conservation area, please provide the following Information (Section 10.2.1. Vol. I and 62-330.301 F.A.C): a. Please provide a copy of all of the exhibits referenced in the memorandum. b. Please provide more information regarding any prior common ownership of the subject site and the adjacent permitted developments referenced in the memorandum. c. Please clarify which access points to the site were discussed with the neighboring communities. DISTRICT HEADQUARTERS: 3301 Gan Club Road,West Palm Beach,Florida 33406 • (561)6864800 • (3110)432-2045 Mailing Address: PO BOX 24680 West Palm Beach FL,33416-4680 LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929• (800)248-1201 OKEECHOBEE SERVICE CENTER: 3800 N.W.166 Blvd,Suite A,Okeechobee,FL 34972 •(863)462.5260 • (800)250.4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Sidle 20{0,Orlando PL 32809 •(407)858-6100 • (800)250-4250 t' • i Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 2 d. Page 4 of the memorandum states that The requisite factors for an implied grant of way have been met in this case by WCI." Please clarify what steps have been taken legally to establish the Implied Grant of Way. Once this information has been provided, District staff recommends scheduling a meeting to discuss all possible alternatives for access to the site. 3. Please schedule a site inspection with District staff to review existing field conditions, methods used to establish the control elevation, wetland limits, direct and secondary wetland impacts, and to discuss the functional assessment. Depending on the results of the site inspection, additional information may be necessary in accordance with Section 10.0 of Vol. I. Please contact Matt Brosious, the environmental reviewer, at(239) 338-2929 ext. 7713 or email at jbrosiou©sfwmd.gov to arrange a field inspection and to discuss the project. a. The District acknowledges the submitted functional assessment. However, the functional assessment will not be finalized until after the site visit and once all remaining requests for additional information comments have been addressed. 4. An application to modify the Touchstone Parcel Addition to Tiburon, Permit No. 11-01568- P-02, for the partial release of the access road from the conservation easement has not been received to date. Please submit an Individual permit modification to this permit; these applications will be reviewed concurrently, and neither will be deemed complete until both are complete. a. In order to ensure the applicant has sufficient legal interest to conduct the work associated with the subject application, the easement(as required by previous action) must also be released by the SFWMD Governing Board. The partial release will be placed on the next available(overning Board Agenda following the approval of the project. In accordance with Section 10.0 of Vol. I, once the Governing Board takes action, we will notify you of the outcome. b. To process the partial release of conservation easement, please submit two(2) original partial release of conservation easement forms(available from District staff upon request), along with the associated sketch and legal description of the release areas. 5. Pursuant to Section 10.2.7 of the Applicants Handbook, Vol. I, an applicant must provide reasonable assurances that a proposed project will not cause adverse secondary impacts to water resources (i.e wetlands and wildlife). Please revise the site plan, environmental plans, and cross-sections per the following comments: a. Cross-sections H and L in the engineering plans depict a 9' structural buffer to the adjacent wetland areas. In order to reduce the effect of secondary impacts to 1 Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 3 wetland functions as a result of construction activities, a minimum 15' and average 25' upland buffer is required. If the minimum buffer is not provided, secondary impacts will be assessed to adjacent wetlands where the proposed construction activities are adjacent to wetlands. Please quantify and provide mitigation for the secondary impacts that will result from the proposed project design. Also, please depict native plantings on the back slope of the berm and conservation area signs on cross-sections H and L. Please include a native planting table on the plans. 6. The environmental supplement stated that no secondary impacts are anticipated with the construction of the access road through existing wetlands under conservation easement. Please quantify and provide a functional assessment for the secondary impacts associated with the road. Secondary impacts will be assessed on both sides of the road. The extent of secondary impacts will be discussed during the site visit with District staff. a. Please provide at least one cross-section for the access road in the engineering plans. b. The access road, as proposed, isolates the wetlands south of the road, consequently secondarily impacting them. Please quantify and provide a functional assessment for the secondary impacts on the wetlands south of the road. 7. Based on the submitted information, the proposed project does not appear to meet the conditions for issuance in Section 10.2.1.2 of Volume I and Sections 62-330.301-302 F.A.C. The proposed site plan results in 100% impacts to onsite wetlands and will secondarily impact and reduce the ecological value of adjacent preserve areas. Once all of the wetland impacts have been identified and quantified, a formal mitigation plan will need to be submitted that adequately offsets the proposed impacts. A letter of reservation will be required for any offsite mitigation bank credits that are proposed. A cumulative impact assessment will be required for any mitigation proposed outside of the West Collier Basin. Financial assurances, a conservation easement, and a mitigation, monitoring and maintenance plan, etc., will be required for any proposed offsite mitigation areas. 8. Please demonstrate that the proposed project will not result in adverse impacts to wetland- dependent and listed species. Based on the comments in the July 1, 2015 letter from Florida Fish and Wildlife Conservation Commission, please provide a Big Cypress fox squirrel and black bear management plan. Further coordination with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service will be required to ensure that all wildlife issues are adequately addressed. Please provide any comments received from the above mentioned wildlife agencies (Section 10.2.2, Vol. I). 9. Please demonstrate that the project will not adversely affect the hydrology of offsite wetlands. More specifically, the wetland preserves to the southeast of the project, between Wilshire Lakes and the project. It appears in the engineering plans that all stormwater will • • Michael J. Delete, P.E. Pelican Marsh East,Application No. 150604-14 July 2, 2015 Page 4 be directed to the west through the stormwater management system (Section 10.2.7, Vol. I). 10.Please revise the "Clearing & Erosion Control Plan" to show double row silt fence along the perimeter of the site in the areas that are adjacent to off-site wetland /preserve areas. Also, please be sure to include a typical double row silt fence detail (Section 4.1.2, Vol. II) 11.Please revise the rear yard drains and culverts shown on Parcels 20—24 on plan sheet 6 of 11 to eliminate the short circuiting of the stormwater management system. (Part V, Vol. II) 12.Please clarify how the stormwater runoff will be directed to the proposed dry retention areas. Also, please indicate the areas of the proposed project that will direct the runoff to the dry retention areas. (Section 5.3, Vol. II) 13.Please provide site specific data in the model to demonstrate that the dry retention portions of the system have the capability to percolate the required retention volume in a three day period. (Section 5.7.5, Vol. Il) 14.Please provide consistent vertical datum information on the plans. Specifically, plan sheet 4 of 11 indicates that the vertical datum is NGVD, 1929 while the Surface Water Management Summary on plan sheet 6 of 11 and the Stormwater Management Report uses NAVD, 1988. (Part Ill, Vol. II) 15.Please revise the Land Use Summary shown on plan sheet 6 of 11 such that it provides the total roof area and total dry retention area. (Section 4.2.2, Vol. II) 16.Please clarify if the stormwater management system for the entry road will provide dry detention or retention. If a detention system will be utilized, please indicate if the treated stormwater will discharge through structure CS-1. (Parts III and IV;Vol. II) 17.When calculating the nutrient removal for the stormwater runoff, please calculate the removal rates for the dry retention areas separate from the wet detention areas since they appear to operate as separate systems. (Sections 5.3 and 5.4, Vol. II) 18.Pursuant to Section 2.3 of Vol. II, please provide a letter of water and wastewater availability from the pertinent supplier. If groundwater wells and septic tanks will be used, please apply for a Consumptive Use Water Use Permit and show the approximate location of the septic tanks with respect to all of the stormwater management lakes and retention areas. Water use applications are required to be submitted and processed simultaneously with ERP application. 19.Please demonstrate the project design will not have adverse impact to the flood plain onsite and offsite (le adjacent properties). The requested information should demonstrate Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 5 that stages during the 25-year, 3-day and 100-year, 3-day storm events at both the project site and project boundaries (upstream and downstream lands) will not stage higher than existing conditions. (Section 3.6, Vol. II) 20.Regarding the Typical Entry Road Section shown on Sheet 10 of 11, please provide the following information: • The minimum elevation for the top of bank on the north side of the road. (Section 3.5, Vol. II) • A detail of the end treatment for the proposed cross drain culverts. Based on the inverts shown on the plans and the existing topography, it appears that the end of the culverts will be sumped. (Section 3.5, Vol. II) 21.What is the proposed source for landscape irrigation water? Will temporary dewatering be required as part of the construction activities? Please contact Brad Cook, P.G. at (239) 338-2929 Ext. 7746 to determine if a Water Use Permit(s) will be required for Irrigation and/or dewatering. Because of the inseparable nature of water use and surface water management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken only when both applications have been deemed complete. Advisory Comment: The following comment is advisory in nature and does not require a response to the District. A"Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or Into a municipal separate storm sewer system. The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES-stormwateredeo.state.fi.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us/water/storrnwater/nodes/. Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.ciov/eaermittinq) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Information Michael J. Delete, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 8 regarding the District's comprehensive ePermitting program is enclosed. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to the Lower West Coast Regional Service Center. In accordance with section 5.5.3.5 of Vol. I and paragraph 40E-1.603(1)(d) F.A.C., if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, please contact one of the District staff members below with a request for an extension before the 90 day period ends. The District recommends contacting the assigned staff members to resolve the above questions and concerns prior to submitting a response. Kenneth Kellum, P.E., Senior Engineer at (239) 338-2929 Ext. 7793, or via email at kkellum@sfwmd.gov; and Matt Brosious, at (239) 338-2929 Ext. 7713, or via email at jbrosiou©sfwmd.gov are available to assist with questions. Sincerely, Laura P. Lay an Section Leader South Florida Water Management District LUkwk Enclosure { cc: Paul Erhardt,WCI Communities, LLC Marco Espinar John Fumero Pelican Marsh PUD Exhibit 1 Disclosure of interest Information . a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common,or joint tenancy,list all parties with an ownership interest as well as the percentage of such interest: Name and Address Percentage of Ownership Robert J Haaga 100% 2999 E Ocean Boulevard Unit 930 Long Beach,CA 90803 • rpI Page 1 of 5 Attachment E Pelican Marsh PUD Exhibit 1 Disclosure of Interest Information b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address Percentage of Ownership Tiburon Golf Ventures 100% 24301 Walden Center Drive Bonita Springs, FL 34134 • Officers and Stockholders Percentage of Interest 1�1 rt Page 2 of 5 1 Pelican Marsh PUD Exhibit 1 Disclosure of Interest Information c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address Percentage of Ownership Vanderbilt Beach Road Land Trust 100% 809 Walkerbilt Road,Suite 5,Naples,34110 Beneficiaries of Trust Percentage of Ownership American Properties Group LLC 50% Officers and/or Stockholder Marie Bratt 100% Sun Treasure Properties LLC 50% Officers and/or Stockholder Joseph S. Popp 100% • Page 3 of 5 • Pelican Marsh PUD Exhibit 1 Disclosure of Interest Information c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address Percentage of Ownership Mary Longner Tr Est 10096 Mary V. Longner Living Trust EST Beneficiaries of Trust Percentage of Ownership See Attached Page 4 of 5 Pelican Marsh PUD Exhibit 1 Disclosure of Interest Information 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 Percentage of Ownership WCI Communities,LLC(a publicly traded company) 100% 24301 Walden Center Drive Bonita Springs, Florida 34134 Date of contract date of option date option terminates anticipated closing #1 Jan 30,2014 Jan 30,2014 Nov 30 2016 Nov 30,2016 #2 Jan 28,2014 Jan 28,2014 Aug 28 2016 Aug 28,2016 #3 Oct 1,2014 Oct 1,2014 Nov 30 2016 Nov 30,2016 gg]ti L r{7 Page 5 of 5 3, • Pelican Marsh PUD Exhibit 1 Disclosure of Interest Information d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address Percentage of Ownership HHR NAPLES GOLF LLC 1%GENERAL PARTNER HMC NAPLES GOLF, INC. 49%LIMITED PARTNER HOST HOTELS& RESORTS, L.P. 50%LIMITED PARTNER Address for all partners: TIBURON GOLF VENTURES LIMITED PARTNERSHIP c/o Host Hotels and Resorts, Inc. 6903 Rockledge Drive,Suite 1500 Bethesda, MD 20817 Attention:General Counsel f ' • • • • Page 1 of 1 �. a Beneficiaries of lViary V. Longuer Trust A. One-half eA)to the grantor's daughter,Karen F.Wiles,if she survives the grantor. If Karen F.Wiles does not survive the grantor,said one-half('h) share shall be distributed in equal shares to Scott H. Selloff,David L. Wiles,Nicholas Scluloff and Christopher Schlofly provided that if any of those beneficiaries(hereinafter,"Beneficiary of Group I")predecease the grantor but a descendant of the deceased Beneficiary of Group I survives the grantor;the trustee shall distribute the share the deceased Beneficiary of Group I would have received,if living,per. stirpes,to the descendants of the Beneficiary of Group I who survive the grantor. B. One-half('s)to the following beneficiaries in the listed percentage interest (hereinafter,"Beneficiaries of Group III: 5% to Gail Allard of 19 Kenwood,Davenport,Iowa,.if she survives the grantor. If she does not survive the grantor;herinterest shall be distributed to her descendants who survive her,per stupes. If she has no surviving descendants,her interest shall be divided equally among the Beneficiaries of Group It who survive the grantor. 5% to Marie Ziegler of Hay Island,Darier Connecticut, if slae.survives the grantor. If she does not survive the grantor,her interim Shall be distributed to her descendants who survive her,per stirpes. If she has no surviving descendants,her.interrest shall be divided equally among the Beneficiaries of Croup.II who survive the grantor. 12% to Gary Longner of 2000 Timber Creek Drive, Marion,Iowa, if he survives the grantor. If he does not survive the grantor,his interest shall be distributed to his descendants who survive him,p re stupes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. } { • 12% to Russell Diamond of 25013 Sylvan Oaks Drive, Baltico,Florida, if he survives the grantor. If he does not survive the.grantor,his interest shall be distributed to his descendants whosurvive him,]g stirpes. If he has no surviving descendants,his interest shall be divided.equally among the Beneficiaries of Group II who survive the grantor, 12% to Ronnie Diamond of 12876 Whitebridge•Drive, Fishers,Indiana if he survives the grantor. If he does not survive the grantor,his interest shall be distributed to:his descendants who survive him,DK stirpes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Croup II who survive the grantor. 12%© to Gregg Diamond of 2144 Brookgate Drive, Grapevine,Texas if he survives the grantct r. If he does not survive the grantor,his interest shall distributed to his descendants who survive him, ager ' sti,.pes. If he has no surviving descendants,his • interest shall be divided equally among the Beneficiaries of Group II who survive the grantor: 30% to Ward Longner of 22120 Maysville Road, Walcott,Iowa if he survives fhe grantor. If he does not survive the grantor,his interest shall be distributed to his deseendaral who survive him, Cd sirpes.. .If he has no surviving descendants,his interest shall be divided equally among the Beneficiaxies of Croup II who survive the grantor. 12% to Martin Longner of 3712 Highway 95,Bullhead City,Arizona, if he survives the grantor. if he does net survive the grantor,his interest shall be distributed to his'descendants who survive.hint,peg stirpes. If lie hasno surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 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C.4 .-,.--N= T i o csi 0 is- _.LL, 0 , 7 i_ I-Z A IX) 543 i 7.-'-± ..'i. ,:, wi• ° ..,'" c9 •- r- '' ''' I t2 3d, go, Si ',;,z - 0 . - co w •rt I-U CD 0 W > J 1 ..c., , 2, „I, ..se_, ...z, 6., z > Iry 1 --ri 0 m ›-, 1 --1 1 ,1 r., 1 1 wl ru. LU eni ow alu4Liccui „... ,- -,-- c"i 1 1 ILLit•-, x1Rm _, 0 0 1 I I Lu w 0 Ct> I I „ -, _Jr _it _I 01 3 , 5 . iii L_Uf .., OW I I C'N ,n '.'i 'DT < < 6 . , 1 , 18 ,, g_ cf, 0, en co 0 0 co 17) w Z 1 0 t-11 Cu.' ‘-1 Lyi wi Lu w ..ti ° I 4'"") Uj 1 1 z z , F y 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 . www.swfrpc.org c � gyp`''ta i$* ' `o sJ s 'REALSo4Jt June 7,2016 Nancy Gundlach,AICP, Principal Planner,Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples,FL 34104 Dear Nancy: As consultant for the SWFRPC in coordinating the DRI review process, we have reviewed the revised Pelican Marsh NOPC information to add 43.2+/-acres of land of which 11.5+/-acres will be used to increase the conservation/reserve land in the DRI. The 11.5 acres includes about 9 acres of conservation easements previously set aside for SFWMD permit mitigation of the Tiburon development within the Pelican Marsh DRI. Therefore, only about 2.0 acres of new conservation/ reserve land is being added and .6+/- acres of upland buffer. According to the revised NOPC, "approximately 32 acres of this land will be designated R1-Residential on Map H Master Development Plan and will be used to construct a maximum of 66 single family residential dwelling units". As consistent with the original NOPC application the change "will not add dwelling units to the existing DRI/PUD but rather redistribute approved dwelling units under the control of the applicant. The balance of the additional acreage will be designated "R", Reserve on the Master Plan and will be placed in Collier County conservation easements". Attached is the SWFRPC approved assessment and recommendations for the original NOPC application (see Attachment I). The primary issue of regional concern for the original and revised application remains essentially the same "wetland mitigation". As stated in the SWFRPC assessment under "Regional Resources and Facilities" "regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated off-site where higher quality non isolated wetland can be preserved". However, the revised Environmental Supplement submitted with the latest SFWMD Environmental Reserve Permit (ERP) has now indicated the wetlands impacted by the residential development are of higher quality than previously thought after SFWMD staff conducted a site visit (see Attachment II, FLUCFLS Map). This report has also included Big Cypress Fox Squirrel Habitat and Black Bear Management Plans to address these listed species possibly using the development site. Also, a possible Bald Eagle nest was found on the site. However, the "Florida Wildlife Commission (FWC) does not have a record of a documented eagle nest on the property, although not all eagle nests are documented by FWC. The biologist for the project appears to have followed recommendations for a current on-the- ground nesting season survey for eagles, and has continued to watch the nest that was inconclusive as to species". The SFWMD is still reviewing the latest ERP responses from the applicant and may have determined offsite mitigation credits to be purchases in a wetland mitigation bank. However, additional onsite wetland preservation maybe necessary. In the ERP review letter from the SFWMD of November 5, 2015 the major concern is stated below. .,.�N t s} 'I' • 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 www.swfrpc.org Ci. <<•i t;yYItK-`t'.' SAO S`ES•REM 'a�Q "the proposed project includes 100%impacts to onsite wetlands as well as secondary impacts to adjacent offsite preserve areas. The onsite wetlands are hydrologically connected to four (4) adjacent preserve/mitigation areas to the northeast,southeast,and west/northwest.These areas collectively provide a regionally significant flowway and wildlife corridor extending approximately 1 mile in length. The onsite wetlands are also hydrologically connected to the downstream preserve areas within the Pelican Marsh community west of Livingston Road, via their connection to the wetland conservation area to the west within the Touchstone at Tiburon site (11-01568-P-02) and the Livingston Road drainage system. Based on the July 24, 2015 site visit,the onsite and adjacent wetlands exhibit healthy hydrologic conditions for pine-cypress and hydric pine systems. These hydrologic conditions and the existing native vegetative community onsite provide important benefits to fish and wildlife (e.g. foraging and nesting/roosting habitat), and the majority of the onsite habitats contain desirable plant species in the appropriate stratum (approximately 70% of the wetlands contain less than 50% exotic vegetation coverage), with evidence of natural recruitment of native vegetation.The submitted habitat mapping of the site will be re-assessed in a site visit scheduled for November 6, 2015, as it appears the amount of exotic vegetation was overestimated in the submitted documents. The onsite habitats are short-hydroperiod wetlands, which are relatively rare/scarce in the landscape,and provide important foraging habitat for listed species such as wood storks(the site is within the core foraging area of two wood stork colonies).The site provides potential foraging and nesting habitat for wading birds, including the wood stork, Florida bonneted bat and Big Cypress fox squirrel,and potential foraging habitat for the red-cockaded woodpecker and Florida black bear. Monitoring reports for the adjacent permits have observed wetland-dependent species utilizing these preserve areas. In order to meet the conditions for permit issuance, please submit a revised site plan which reduces wetland impacts within the central portion of the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas, and submit a mitigation plan which adequately offsets the proposed direct and secondary wetland impacts (Sections 10.2.7, 10.2.8 and 10.2.3,Vol. I)." The applicant responded by: "Adding a buffer along the north and a preserve to the south.The buffer to the north connects to adjacent off site preserves. To the south, wetland impacts were reduced. Preserves to the east are now connected to preserves to the west. A hydrologic and wildlife connection has been provided across the northern portion of the site by providing a 40-ft wide open space area. Additionally a hydrologic and wildlife connection has been provided across the southern portion of the site by providing a 2.0+/- acre preserve in that area. This area wraps around the south portion I 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 www.swfrpc.org S• 164'S. REM r'()°. of the site and connects to the offsite preserves allowing both wildlife and surface water flow(see Attachment III,Buffer and Preserve Map).In addition,a drainage pipe connection from the offsite preserve areas southeast of the site has been added through the center of the site connecting the two areas." In conclusion, regarding wetland impacts, the proposed overall site plan (see Attachment IV) now indicates that total wetland impacts is now 17.6+/- acres including access road wetland impacts. The applicant stated"access to the development via an access road will impact 2.26+/-acres of 624 Pine, Cypress, and Cabbage palm of high quality wetlands". The access road location has been located to reduce bifurcation of the wetland conservation it is going through. Based on this revised plan,89%of the wetland within the designated R1-Residential 32 will be impacted. While this is an improvement from 100% wetland impacts, recommendation 2 of the original SWFRPC recommendation (Attachment I) is now modified as follows. 2 Include new Development Order condition that the "13.2t/ aures of land to he added to the DRI contains 17.64/- acres of jurisdictional wetlands to be impacted Additional onsite wetland preserves are encouraged through the ERP permit on the site where the highest quality of wetlands exist and the SFWMD has recommended to reduce wetland impacts within the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas". If you have any questions please let me know. Daniel Trescott,MSP Trescott Planning Solutions,Consultant for SWFRPC Fwd: Sereno Naples Page 1 of 1 Fwd: Sereno Naples stlmojoyce@gmail.com Sent:Sunday,January 31,2016 12:13 PM To: Staples Copy Center#1207 Sent from my iPhone Begin forwarded message: From: Barry Ernst<BarryErnst ii,wcicommunities.com> Date: August 20,2015 at 8:52:23 AM EDT To: "stlmoioyce@ gmail.com" <stlmoioyce(c7r,gmail.com> Cc: Wayne Arnold<WArnold a,gradyminor.com> Subject: Sereno Naples Good morning Ms.Joyce, Wayne was kind enough to forward your question regarding fees and membership for future residents of Sereno Naples. We were hoping to meet with you, possibly at your residence if you wish,to further understand your concerns. We are open to a meeting at our office or Q Grady Minor office as well. Your question: "I would still like to know if Sereno Naples will pay any HOA fees to Tiburon or be required to be a member of Tiburon?This only WCI can answer concerning those details." Sereno Naples will have its own HOA documents and HOA fees with no connection to any other HOA, including Tiburon Estates HOA.There will be no obligation requiring future residents to be members of Tiburon. I hope this answers you inquiry. We look forward to answering any other questions you may have. Thank You, Barry Barry Ernst AICP Director of Planning&Permitting WCI Communities W C I2 Bonita Springs, Walden Center Dri34ve Bonita Springs, 34134 239.498.8200(main)I 239.498.8534(direct) 239.498.8338(fax)1239.229.5928(cell) YOU Bet Andress, BarryErnstAWCICommunities.com 0 0000 https://mail.staples.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAQXh 1 us WyWRghnV... 1/31/2016 I 3kr•, .,i-'-- Conservation Area N . , ►,, 1arsaia "'.r , /2 -"'a 9 AT TIBURbN' � •56� r 3 55 4 SITE MAP 3 54 . , .., 3, - . 3 := 53— i 52 6 �' • r I I '‘5 ',---------1 '' 8 - _ ,,.,....., i) ' , 49 • ', 9 ', ,„....------ 48 10 Q t 1 45 t3 ^._ 44 14 :-... 0.`"-.!r?'' - 21 22 123 i 24/."117--2---k82'./5\''-7---;\-6-7 1 25 a 43 1\^5 4 1920 — —� 26 X18 __ •_) , 42 �, 16 17 33 2 31 30 129 27 q j' r 41 ;� 37 1 36 35� �: 8 \� irja"illit2 i 38 p : . '• 40 39 . ,, —...... / ;'� t .E. .6 .st ',.) 0 f "'o , g ' ..3 - 74tr:-:---- --j---------- —')=– , _ v -lir , , .'" 3 a .r; Orkdrn,oiugis ,, cc [,rtwLlyallfillmftso rn 'u,rlLrtr,i troitl S le .;417.*, t:,*..6„:,, t, 4,'..' i 'yr,1 qpi ,i, _ - 7 ,,,,t ,,,, _ 4 3 illi )14,1+ -iP�d '. 1 $Iluas•r, tep e,«_.t p•ira of thef ,: _ ,._iii v : � a I 1IBORilV' A WCI•Conm of ity 2520 Tiburon Drive • Naples, FL 34109 (239) 593-9199 • (800) 889-7922 • TiburonWCl.com In any WCI community with a community development district or special taxing district,certain amenities may be furded by district financing. i All references to clubs,golf clubs and membership opportunities and other amenities are subject to fees,dues and availability.Some photographs may be of locations or activities not in the community,All amenities are subject to change without notice.This advertisement does not constitute an offer to sell real estate in any jurisdiction where prior registration or other qualification is required and further information cannot be provided(unless we have ., C 0k° _ SOUTH FLORIDA WATER MANAGEMENT DISTRICT %2# Regulation Division November 5, 2015 y9 i tl Mr. Michael Delate, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Subject: Pelican Marsh East Environmental Resource Permit Application No. 150604-14, Permit No. 11-03702-P Collier County Dear Mr. Delate: Staff has completed a review of the information submitted on October 8, 2015. As discussed with Marco Espinar of Collier Environmental Consultants, Inc. on October 27, 2015, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. I), adopted by reference in Section 62.330.010(4) (a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. District staff acknowledges the submitted reduction and elimination analysis. The analysis includes site design changes made prior to the initial submittal to the District. These changes were based on coordination with District staff at several pre-application meetings, and reduced the impacts to the off-site conservation easement area by relocating and reducing the size of the proposed access road. However, the proposed project includes 100% impacts to onsite wetlands as well as secondary impacts to adjacent offsite preserve areas. The onsite wetlands are hydrologically connected to four (4) adjacent preserve/mitigation areas to the northeast, southeast, and west/northwest. These areas collectively provide a regionally significant flowway and wildlife corridor extending approximately 1 mile in length. The onsite wetlands are also hydrologically connected to the downstream preserve areas within the Pelican Marsh community west of Livingston Road, via their connection to the wetland conservation area to the west within the Touchstone at Tiburon site (11-01568-P- 02) and the Livingston Road drainage system. Based on the July 24, 2015 site visit, the ffi onsite and adjacent wetlands exhibit healthy hydrologic conditions for pine-cypress and hydric pine systems. DISTRICT HEADQUARTERS: 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • (800)432-2045 Mailing Address: PO BOX 24680 West Palm Beach FL,33416-4680 LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929•(800)248-1201 OKEECHOBEE SERVICE CENTER: 3800 N.W.16'°Blvd,Suite A,Okeechobee,FL 34972 •(863)462-5260 • (800)250-4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Suite 200,Orlando FL 32809 •(407)858-6100 • (800)250-4250 t Mr. Michael Delate, P.E. Pelican Marsh East, Application No. 150604-14 November 5, 2015 Page 2 These hydrologic conditions and the existing native vegetative community onsite provide important benefits to fish and wildlife (e.g. foraging and nesting/roosting habitat), and the majority of the onsite habitats contain desirable plant species in the appropriate stratum (approximately 70% of the wetlands contain less than 50% exotic vegetation coverage), with evidence of natural recruitment of native vegetation. The submitted habitat mapping of the site will be re-assessed in a site visit scheduled for November 6, 2015, as it appears the amount of exotic vegetation was overestimated in the submitted documents. The onsite habitats are short-hydroperiod wetlands, which are relatively rare/scarce in the landscape, and provide important foraging habitat for listed species such as wood storks (the site is within the core foraging area of two wood stork colonies). The site provides potential foraging and nesting habitat for wading birds, including the wood stork, Florida bonneted bat and Big Cypress fox squirrel, and potential foraging habitat for the red- cockaded woodpecker and Florida black bear. Monitoring reports for the adjacent permits have observed wetland-dependent species utilizing these preserve areas. As designed, the proposed project does not appear to meet the conditions for permit issuance as specified in Section 62-330.301-302, F.A.C. The proposed project will impact 100% of the onsite wetlands and will sever the connectivity between the adjacent mitigation areas, and will therefore adversely affect the existing flowway and wildlife corridor. The District does not concur that both of the 'opt out' provisions in Section 10.2.1.2 of Vol. I have been met. As outlined above, the ecological value of the onsite wetlands warrants additional reduction/elimination of wetland impacts pursuant to the factors listed in Section 10.2.2.3 of Vol. I. In addition, the submitted information does not demonstrate that the criteria in Section 10.2.1.2 (b) Vol. I have been adequately addressed, and pursuant to Section 10.2.1.3 Vol I, the agency is not required to accept mitigation in lieu of reduction/elimination of wetland impacts. While the applicant has proposed offsite mitigation at a mitigation bank, and mitigation banks are typically regionally significant projects, a bank may not be appropriate in this case due to the regionally significant flowway of which this site is a part of. In order to meet the conditions for permit issuance, please submit a revised site plan which reduces wetland impacts within the central portion of the site to maintain hydrologic and habitat connectivity between the adjacent mitigation areas, and submit a mitigation plan which adequately offsets the proposed direct and secondary wetland impacts (Sections 10.2.7, 10.2.8 and 10.2.3, Vol. I). 2. Based on the submitted information, sufficient mitigation has not been provided to offset the proposed direct and secondary wetland impacts. Please provide the following information in regards to the submitted functional assessment: (Rule 62-340 F.A.C. and Section 10.3, Vol. 1) a. A follow up site visit has been scheduled for November 6, 2015 to review the FLUCCS habitat/exotic densities, and to discuss the submitted functional WI:ac ri03162015 Mr. Michael Delate, P.E. Pelican Marsh East, Application No. 150604-14 November 5, 2015 Page 3 assessment. The submittal indicates that the exotic plant density exhibit was revised as per discussions, however based on a review of the exhibit compared to the originally submitted exhibit, it does not appear to have been revised. b. Please provide consistent information in the functional assessment information. The summary table of the UMAM scores indicates 6.99 acres of 624E1 habitat is proposed to be impacted. The submitted UMAM data sheets indicates 6.99 acres of 624E2 habitat is proposed to be impacted. c. Please provide justification for the community structure score of a 6 for the FLUCCS 624E1 habitats. This score appears low based on the site conditions (less than 25% exotic coverage, desirable plant species in the appropriate stratum, evidence of natural recruitment, etc.). d. The freshwater marsh has been indicated as E4 (greater than 75% exotic coverage) in the environmental exhibits. However, in the functional assessment, the community score is noted as 5, which does not reflect an E4 exotic coverage. Please revise the exotic coverage and community structure score to reflect the onsite conditions. e. Please provide justification for the two different location scores provided for the site. Based on the size of the project site and the general uniformity of the surrounding areas, it appears one location score would reflect the conditions for the entire site. f. Please provide consistent information in the environmental supplement. On page 4 • of the supplement, it states that 11.5 acres of the wetlands onsite contain over 50% coverage of exotic vegetation and 5.5 acres of wetlands have over 75% coverage of exotic vegetation. However, in the existing condition FLUCCS map, there are 5.31 acres of wetlands with over 75% exotic coverage and no wetlands are shown with greater than 50% coverage of exotics. The FLUCCS habitat map indicates 4.98 acres of wetlands with up to 50% coverage and 6.99 acres of wetlands with less than 25% exotics. g. The functional assessment will be finalized upon the agreement of the site plan and the finalization of the amount of direct and secondary impacts, and completion of the follow up site visit. 3. Please provide the following information in regards to secondary impacts to wetlands (Section 10.2.7 Vol. 1): a. District staff acknowledges the response to the previous comment 7 from the July 2, 2015 RAI letter. Based on the submitted cross sections, the minimum native upland buffer has not been provided. Therefore, please provide a secondary impact analysis for any offsite wetland areas adjacent to the proposed development which v,,ior?162015 Mr. Michael Delate, P.E. Pelican Marsh East, Application No. 150604-14 November 5, 2015 Page 4 do not have a native upland buffer. In addition, pursuant to Environmental Resource Permit Nos. 11-01568-P-02 and 11-00864-S, the surrounding adjacent offsite preserves to Pelican Marsh East were established in part to provide a wetland/upland wildlife corridor to maintain connectivity to off-site wetland areas and provide a variety of habitats for wildlife usage. As currently proposed, the development of Pelican Marsh East severs the connectivity of the adjacent offsite preserves. Please contact Environmental Analyst Karyn Allman at 239-338-2929 extension 7626 to discuss the extent of the secondary impacts to the offsite preserve areas. (Sections 10.2.7 and 10.2.2 Vol. 1) b. Please indicate native plantings and preserve area signage on cross sections C and D which are adjacent to the offsite Wilshire Lakes preserve area. Please label the adjacent offsite Wilshire Lakes preserve in the north eastern portion of the project on the appropriate plan sheets and revise the erosion control plan to include double row silt fence in this area. 4. Please demonstrate that the project will not result in adverse impacts to wetland dependent and listed species. (Section 10.2.2, Vol. 1): a. District staff acknowledges the response to the previous comment 8. Please submit a revised draft HOA document which includes the Florida black bear information. b. The submittal indicates that a fox squirrel survey will be conducted prior to construction. Please submit a copy of the standard Florida Fish and Wildlife Conservation Commission survey protocol (e.g. A 125 foot radius undisturbed buffer must be maintained around ail active nests, and following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits.) c. The environmental supplement indicates that there are no wood stork colonies nearby. However, the July 1, 2015 letter from FWC indicates that the site is within two wood stork Core Foraging Areas, and wood storks have been observed in the adjacent preserves. Please update the environmental supplement accordingly, and demonstrate that this species will not be adversely affected by this project. In addition, please provide copies of any correspondence from US Fish and Wildlife Service regarding wood storks and other federally listed species (e.g. red cockaded woodpeckers, Florida bonneted bat, etc.). 5. District staff acknowledges the submitted ERP Application No. 151008-29 to modify the Touchstone Parcel Addition to Tiburon (Permit No. 11-01568-P-02). These applications will be reviewed concurrently, and neither will be deemed completed until both are complete. 6. Water use applications 150707-17 for irrigation and 150707-16 for dewatering are currently under review. Because of the inseparable nature of water use and surface water V(:K-Ic 1)3'52015 Mr. Michael Delate, P.E. Pelican Marsh East, Application No. 150604-14 November 5, 2015 Page 5 management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken once both applications have been deemed complete. Advisory Comment: The following comment is advisory in nature and does not require a response to the District. Al. District staff has been contacted by third parties with concerns regarding this application. Please contact the project reviewers and/or reference the epermitting website for further information regarding the correspondence received to date. District staff recommends coordinating with these entities regarding their concerns. Please submit responses to this letter electronically on the District's e-permitting website (www.sfwmd.aov/eDermittinq) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to the Lower West Coast Regional Service Center. In accordance with Section 5.5.3.5 of Vol. I and Rule 40E-1.603(1)(d) F.A.C., if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, please contact one of the District staff members below with a request for an extension before the 90 day period ends. The District recommends contacting the assigned staff members to resolve the above questions and concerns prior to submitting a response. Karyn Allman and Errol Noel are available at 239-338-2929 to assist with questions. Sincerely, ‘k.4 Melissa M. Roberts, P.E. Service Center Administrator South Florida Water Management District cc: Paul Erhardt, WCI Communities, LLC, PaulErhardt@wcicommunities.com Marco Espinar, Collier Environmental Consultants, Inc., marcoe@prodigy.net John Fumero, Nason, Yeager, Gerson, White & Lioce, P.A, jfumero@nasonyeager.com J. Dean Lewis Lohman, jdeanlewis@gmail.com Linda Joyce, stlmojoyce@icloud.com ,f \./ersion03162015 11/5/15 alis. AT&T 7:47 AM 93 _ .4 Done SKM_554e16011214590.pdf 4000001.- ' -....144,4.ii:.,..'" ' . ..,, AL''I ::771c#0,, .., pi*, - IP 4 4104-4 ix �r �' re - - ipot . ** -tee, .. , 4 111 -igkik ' _ 4A t _liaiii_ t 4 , a 11).1 1I . , ". 6. 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( ., 1 k.1; r ), 1,`'.%' . �4 ,gyp , f a ,� � n, .., � � e,a. a3 Y ` r - , ,,. ,,„ \:,..,,. 17 ,.i. ti„ l ,. � , t v- . i { - * littgA ' . ,o.„, F° ''- 'r`.: - } X43 uw iY � r 1 1TO4 0 q _ .1. . ' \ ' III , ) y ,.r" I ,r , \ Y ' y4'iT i'll ''' 1 i' iy 1 Jemmy I lk \\ 11111111,\ . il 14 . ..fl_41 kill' . , ') ' ' IC' I 1 H: ' ' 0 r I ' 1 1; , '' '''''''.\ li1 1! , 1 ' ' ' ' ri ' '\ I. 1 '''''' 41111'' ''‘''' 'y 4 1 r 141. 44 k v 1 '!tt'`` •° .k ' i a , x LISTED SPECIES SURVEY C S PELICAN MARSH EAST 6i Collier County, Florida AS PREPARED ON: NOVEMBER 2014 PREPARED FOR: Grady Minor and Associates 3800 Via Del Rey Bonita Springs, Florida 34109 PREPARED BY: Collier Environmental Consultants, Inc. 3880 Estey Avenue Naples, Florida 34104 (239) 263 - 2687 . f surrounded by development. The parcel is bordered by Livingston Road to the west and Vanderbilt Beach Road to the south, Tiburon Golf Coarse to the south and a development (Wilshire Lakes)to the east. These developments have ecologically isolated this parcel. In addition,these developments have a chain link fence along the property boundary. This influences any large mammal movement. The exotic density has drastically reduced the availability of functional habitat. There still is enough recognizable character to support some small vertebrates. Signs of small mammals such as armadillos, rabbits and raccoons were visible in this area. Several species of song birds were also identified utilizing the subject parcel during this survey. No listed species were identified on the subject parcel. A few Tillandsia spp Threatened,Endangered and Species of Special Concern Species Present Absent ' Black bear x ? Florida panther x Everglades mink x i-Big Cypress Fox squirrel (Suspected) x Indigo snake x American alligator x Gopher tortoise in E x Gopher Frog x Southeastern American kestrel x l — ted-Cockaded woodpecker x ), Florida Scrub Jay x �rrt;Wood stork x Snail kite x )eBald eagle x ���kLimpkin x ;:kOsprey x 1 -White ibis x Tricolored heron x (Snowy egret x 7 Reddish egret x l . ,ittle blue heron x PELICAN MARSH PUD / DRI ENVIRONMENTAL DATA Collier County, Florida May 2015 Prepared For: GRADY MINOR&ASSOCIATES Prepared By: I Collier Environmental Consultants, Inc. 3880 Estey Avenue Naples,Florida 34104 (239)263 -2687 1 i> Ir_____ t1t1 0 mo, 300' SCALE: 1"= 300' 411 • • 121 824 i 1 • 182 • 411 1 . 740 i t P. i 624 , P. i a f 411H ., i 1 ) } - 6417 121 i 1 1 FLUCFCS CODES I I CODE DESCRIPTION E1 Et T�% EZ 50% E4 75% 4;' AC. AC. AC. AC. AC. •f I :.1 151-1 Ia:iL - 111%1-010 74.1 I IY•-i!) 11. 2 L5 r 1. •r It' 1rirPl.. .1611 Pilaf - :IFi14SIJ I)..18 - - - ti.4a Y gyp; t. 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'11=;=init''•- '''' ",','..,6.4 A t WI,- •:'.. .t. tr`.... • "..-.1.1a., - - I 4 ,e • - • '�' - SII a,irON OP L.Rat.DEBQRiPTION O X00 000 I • 1 . S.hl rM t North hounsloy of ij• rt..Southwest J� SCALE t" X00' t s.a9"88'S1'E. 850.51 5.80'S6`51'E: 13.2 1.02` ` NY ff •• oI NN $oi, oit 1/4 ol Mo MsrtA.wt 1/4 el S.i* 31 o CONSERVATI041�: Z1AG 093 �+i ' (TOUCHSTONE45625ACRES c PARCEL) I N IS N ti •vil H r AW S.th4 .d 1 ffi. ""i iiirot PA fts ''srer+M+'Jt °� a "1 M67'37'26'W. 500.41` `► il . V-- Si • $, 25.0TW. $.87'32'04'W. i I i S 1 • 3 0.10 • V' COTr eI 1% :.hh o • t it = E 1/4 Section Lina , • iit 1. ! r�r �Nob. rte^ ti4 a ` fi �w ` ii LINE DATA TABLE .y' .FIE C fi % Na WRNS o52.tNa 1.1 4.7ldrO6ly. 157.80 1.2 Z1A1. 213.53Swinge ere bets* eWest 11n the s Los Kor3rialw. 25i. boundary of the NeN Noun et PL4 8 LS 'OQV 01.41 See6M aS 31. hne.en eseurned 3 L6 . 76.16 beefing e1 N.O ?t9 271V. S SEE SHEET 2 OF 2 L7 N.4?3&SIM' TVS. 257.72 . FOR DESCRIPTION s u PL4T2S 3�• 14»5.00 LEGEND 1.10 NI.4 'fN1� Lip - REFERENCE TO LINE DATA IN TOILE : ,,�' 1 L! � 117.411 CO -REFERENCE TO CURVE DATA IN TABLE ,',..-10.41 RinREFERENCE 11AOIA1. SEARING DE 01 I N 1 CURVE DATA TABLE 7 ,) i lNO -1A�'URv1Ev,�I ' • N0: NOM oa Q INIOENI' CHOW MONO re;. C'+ t�OIII x:lit_�.1:1i_rt�'��t:.JE!76E;IAit1Sla'1� *. • O>F=IINK• .:�i'Z•=-i:Sa1Q !� ) I- . i f: i?:SI301E1 ik 1! `, ,">7 c'• •`. • 1 M�.--_1l.,=.^t"Kf�-ti�4:�3K111l �. L I1•.���>r 7011111 ANDALL L, MCNOM ._ E1 minuA,�h:•i• r ' - {-�=_lumwat r-Aki .� MUMMarnnawa:nn�e+iaNwi►17lirna sage s iwlaacasr: HOOT asAseocIAmstlna: SKETCH OF LEGAL DESCRIPTION FOR Tugs • Fore TOUCHSTONE PARCEL CONSERVATION AREA NO. 1 h ' MNLOWot�Mb lastM4aa�w Pnperal Far IWOc�0r1 w4rt�iINC. w RIM" ettsw.rarntea «memo �,.ttrw,n.n..alma o.m.a>1 I a4.IHtt t>a� vc-ooKt-t pp...Kset..a:-far, &.rr i of 2 Doss 7 ' orgy OW,.:ter-i -007 LAS Fran-+.easm atcoINPr ROM RIME MEM .PURIM e. i I i I SKETCH OP LEGAL DESCRIPTION 0 120 240 SCALE: 120 UNPLAT7Eo OR: 2924 PG: 1897 North boundary of the Southwott 1/4 of &Wien J1, Township 46 South, Range 26 Cost — 0 i Z c Zt o _ - - Z41 • jn o Wn r i `p H W tih // E•• o, Z 1� in r o * n ` 30a I T1 W \g / ti\ —I iW YO 1 I h < L • /: ''� a —— \ r NORTiZ IESKZ • r i W �� TME NORTH `o o ! � � � � !• I THE • .. 1 wn _ < 14 L.; � . \.: x' I az , Q us re,' nILNV poi 1 i —I 0I '2. 3 6...i / y I 0@ ., I r 'i'Y'irizit atko-r ii i . 1 N L _ 1 J ieouth boundary of the Northwest 1/4. O. Northeast 1/4 of Southwest 1/4 Soclon Jr, Township 48 South, Rang* ?6 fast UNPLATTED SEB SHEET 2 OF . ir , FAR OESCRIPTIQM,. , . 0ESCRIPTI G r 0,, aKETCM +,, o t, . (Nor 64.4114';1V„Ea ,64.4114';1lr NOALL L.HEN ao1 arlrsomtr AL17,4011RATION HD.LP 1 M maimmonasioNas1M�W!!�R N0 Mprrm Ph moor&ASSOCIATES,Inc. SKETCH OF LE©At. DESCRIPTION FOR Tampa • Fort Mien TOUCHSTONE PARCEL CONSERVATION AREAE 3 &4 air assn Pal Mors arcs Irr porrd For. W R COMPAINMEIRIC. noiNlia ION n..ie..r"a �w l t*.,ww arm re-oaMt-a+ "'"`"N0 Rom 941-482-7srs F 70 sir of 2 o.is Uttlot I° w:rRr-is-oo>' s+ oeoRwrALatwwrrrrn FA;on as 21 W SUM� O�Imover WOW* Fi1ECrUHE T ' :tn:• cr11FD,2885695 OR: 2924 PG: 1886 Do�c-.ta ,to YC1 COMBS INC RICOIDID lA the O?HICIAL RICOID$ Of COLLItt C31111l!, IL COWS 13,00 21301 SALDIX MR DA 11/14/200I at 12:201 DXIGIH 1, IIOC1, MU KISC 1.00 MITA SP1IXG$ FL QED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this _,./../ pi THIS .,day of,1i t . , 2001, by Tiburon Golf Ventures Limited Partnerships. 24301. Vyaiden.Center Ctrive, Bonita Springs, FL-_34134 ("Grantor") to the..South_Florida,,jN.ler,.Management District ("Grantee") with third party enforcement rights to the U.S. Army Corps of Engineers (Corps).As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property' (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated inCotlier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct Touchstone..Psrcel Additi ii Q...Tiburon ("Project") at a site in Collier County. which ' ubj to the regulatory jurisdiction of the District and the Corps; and .� ei�� � WHEREAS, District Per ' . 11-'E508-P and De�r oh t of the Army (DA) Permit No. 199t�02060 issued by the C rps "�'e rrni authori e cert n a Miles, which affect surface waters in or of the State of F orid ; arf'- WHEREAS, these -er. req it tat ` —Ire ery, and/or mitigate wetlands under the District's and the •• • -• , lF-r rr WHEREAS, the Gran . „ s developed and • • d rt of the permits' conditions a conservation tract and mai . •--1 : buffer involvin• •.• = fon of certain wetland and/or upland systems on the Property: •ri ) 1-'c. . C, WHEREAS, the Grantor, in con •- •i!• a consent granted by the Permits, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06,Florida Statutes(1995), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permits to construct and operate the permitted activity, and as an inducement to the District and the Corps in issuing the Permits, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor,and shall remain in full force and effect forever. The scope, nature, and character of the conservation easement shall be as follows: 1 of 6 • OR: 2924 PG: 1887 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic,'scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permits shall be retained and maintained in the enhanced or created conditions required by the Permits. To carry out this purpose, the following rights are conveyed to Grantee and the Corps by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to • s . f. lion of such areas or features of the Property that may be damaged b y• ' ' -ti t' use. 2. Except for re for •. tion, enhance =nt, maintenance and monitoring activities, or surface water an ge • = . prove. = , whi .ar permitted or required by the Permit,the following activiti s a 'b''.=•-• •, ,;Y = •• y; a. Con- o • r g o uridine ro pi,. signs, billboards, or other advertising, utilities, or othe c es on • a••ve 1 e g .•; b. Dumpi • •. •lacing or soil or • -, •41tr nce or material as landfill, or dumping or placing of trash,wa- -rfi nsightly or often 1 -rials; c. Removal or de At at, •- • - rubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District and Corps approved maintenance plan; d. Excavation, dredging, or removal of loan, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition: f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or 2 of 6 OR; 2924 PG: 1888 water areas; h. Acts or uses which are detrimental to the preservation of the structural Integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District or Corps Rule, criteria, the Permits and the intent and purposes of this Conservation Easement. Passive recreational activities which are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District and the Corps. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks, or mulched walking 1 trails. Grantor shall submit plans for the construction of proposed facilities to the j District and the Corps for review and written approval prior to construction. b. The conatru ri oved passive recreational facilities shall be subject & of owing conditio to . eall ii •'. .nd ad, the fullest extent possible. impsIGr t. _ , et •* o u•a • buff a as within the Conservation Ess me • e :n h i � ••, Ica ly ivert�ng the direction of the Hatoals ceat r o i"� ii. \ski h facilities and i t•rov m- shall be constructed and mainta' ilizing Best Mane•:, e I `Cif ces; Ili. Ad . ainers f 1 -it,- sal shall be situated adjacent to such facilitie pt and periodic inspections shall be instituted by them • - entity, to clean any litter from the area surrounding the facilities and improvements; iv. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state,District or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 3 of 6 . F OR: 2924 PG: 1889 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the non- prevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the discretion of Grantee, or the District, and the Corps and any forbearance on behalf of Grantee or the Corps to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's or Corps'lights hereunder. 9. Grantee will hold this =asement exclusively for conservation purposes. Grantee will not assig ' 1Ni.•- •A(ka j • under this conservation easement except to another organization -R -• o hold such in - = der the applicable state laws. 10. If any prowls n • t ' • is tion-pa emen or e application thereof to any person or circumstances is f• .• o •:= - id t rem ind=r of the provisions of this conservation easement hall n• • c =• • T 10 • as the purpose of the conservation easement is • is- d. ! r 11. All notices, nts. approvals or o -r c m k:7` -tions hereunder shall be In writing and shall be deemed e•-rly given if sent bni -• S) -s certified mail, return receipt requested, addressed to the a a o• ' to party or success• rr i erest. 12. This conservation ea, - sit ed, altered, released or revoked only by written agreement between the partie a or their heirs, assigns or successors-in- interest,which shall be filed In the public records in Collier County. 4 of 6 • OR: 2924 PG: 1890 TO HAVE AND TO HOLD onto Grantee forever, The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of his conservation easement end all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conversation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITENESS WHEREOF_ 11f/r rt�_ c_._.-__.i.:1,: _-� ___-_ has hereunto set its authorized hand this 114:0_day of_s c�,c>.,at• _.._._ 20c„ , Signed, sealed and delivered ti�1R T11. otf Ventures Limited Partnership In our presence as witnesses: GO A • . Limited Partnership • •If Ventures Inc,a • Delaw r.. o •oratig a Sole Lit .1 r , -i Pa ner Ulf •Tint e: 4_ L. f Print Name! tie: VICO ..7 • 'n Alr• Print Name; r CII STATE OF FLORIDA }ss; COUNTY OF LEE On this /, day of Atifir s etre•-irr4_., 2001 before me, the undersigned notary public, personally appeared David L, Fry . _ _ personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) Vice President of Tiburon Golf Ventures,_lncahears Corporation, being the sole general partner of Tiburon Of Ventures_Limited Partnership,-,a b ore LEGAL DESCRIPTION I OR: 2924 PG: 1896 DESCRIPTION: A parcel of land lying in Section 31, Township 48 South, Range 26 East, being more particularly described as follows: COMMENCING at the West one-quarter corner of Section 31, Township 48 South, Range 26 East, run thence along the West boundary of the Southwest one-quarter of said Section 31. S.02"05'43"E., 218.28 feet to the POINT OF BEGINNING; thence S.75'43'50"E., 86.37 feet to a point of curvature; thence Easterly, 45.88 feet along the arc of a curve to the left having a radius of 100.00 feet and a central angle of 26'17119" (chord bearing 5.88'52'30"E., 45.48 feet) to a point of reverse curvature; thence Easterly. 78.13 feet along the arc of a curve to the right having a radius of 150.00 feet and a central angle of 29•50'41" (chord bearing S.87'05'49"E., 77.25 feet) to a point of reverse curvature; thence Easterly, 95.64 feet along the arc of a curve to the left having a radius of 125.00 feet and o central angle of 43'50'10" (chord bearing N.85'54'27"E.. 93.32 feet) to a point of reverse curvature; thence Easterly, 70.57 feet along the arc of a curve to the right having a radius of 100.00 feet and a central angle of 40'26'07" (chord bearing N.84'12'25"E., 69.12 feet) to a point of tangency; thence 9.75'34'31"E., 73.52 feet; thence N.42'26'33"E., 130.00 feet; thence 5.47'33'27"E.. 179.88 feet to a point of curvature; thence Southeasterly, 45.93 feet along the arc of a curve to the right having a radius of 445.00 feet and a central angle of 05'48'36" (chord bearing 5.44'39109"E.. 45.11 feet); thence S.61'52'17"W., 239.09 feet; thence N.43631'48"W., 51.38 feet to a point of curvature; thence Westerly, 42.83 feet along the arc ! of a curve to the left having a• radius of 30.00 feet and a central angle of 81'25'05" (chord bearing N.84'14'21"W., 39.13 feet) to a -•. arse curvature; thence Westerly. 281.13 feet along the arc of a curve to the • w • Y lat.- -km of 215.00 feet and a central angle of 74.55'13" (chord bearing ., • - -et) to a point of reverse curvature: thence Westerly, 52.60 - a .•1•ng the arc • b rve to the left having a radius of 30.00 feet and a central an• - • 100'27149" (chord •ea g S.79'44'25"W., 46,12 feet) to a point of tangency: thence S 9' a' .. 76.13 feet: t. -nc 6,87.53'17"W.. 53.97 feet to 1 o point on the West boundary •f e - • was o quart o said Section 31; thence along said West boundary N.0 06 4 .'• - -t r t PO NT OF BEGINNING. Containing 2.506 acres, more or .• .13°V C-Ir0 Q'7:1"-IE CI -G /.0 •SEE SHEET 1 OF 2 FOR SKETCH ` NOTES: DESCRIPTION I. Seorinve are based on the West boundary of the Southwest >3 of SKETCH Section 31. Township 48 South, Range 26 Lost, having on assumed INOT A SuRvEY)•- • booing of S.OZ'Od'43'E. • 2. Subject to easements, reservations and restrictions of record. . ANOALL L. RtN f, ' ' 6091 ROHM iaOlarali�M LITIVEwa ISOs4 fa Mil. ,e--- COPMAG 1E OF Ml1NOIrZAAON NO L61Ai • le1 memo it HPIDT8.A880CIA•T=B,Inc. LEGAL DEBCRIPTIOIf&�F r' ;� Teage • Fart Myers TOUCHSTONE PARCEL CONSERV OM-AREA-NO. 2 ONlENowswa iw1 OMs Prepared fort NKS COAOIUNTZ INC, : Ma AemAtAd O. IIN K� 'a Rues 1141-4824276 1 n Coral824 5oa1P w n:/01'rw INunONL�TM. CP Mrr*e fAx 1_4424a1� SLEET 2 OF 2 • LIOAL DESCRIPTIONS *** OR: 2924 PG: 1898 't" CONSERVATION AREA 0 3 AT TOUCHSTONE DESCRIPTION. Being a parcel of land situated In Section 31, Township 48 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: East one-half of the Northeast one-quarter of the Northwest one-quarter of the Northeast one--quarter of the Southwest one-quarter Less the North 30 feet, Less the East 30 feet. Less the South 30' feet Reserved for Public right-of-way. Containing 0.848 Acres more or less. CONSERVATION AREA # 4 AT 1'OkgW. �ti LIC DESCRIPTION. Beinga pore 0 ' •nd situat • ction 31, Township 48 South, Range 26 ast. C- 7/ unty. Florida, . Ing more parteulariy described as follows: East one-half of the -ut eas - • •rter -f the N hwest one quarter of the Northeast one-•ua • , • • • der Lees the North 30 feet, Less the Eas 3. eta • , $ • , fee . Reserved for Public right-of-way. { i Containing 0.848 Acres i•re or less. IC:*; 0 o 1. SubJeot to eossrinsnto, reservations • .Y'. . record. FOR SKETC 1SHEET 1 0r 2 tNOT A Sk1RNtY? ' A ak'd—' ''‘ ANDALL L.• OrrlrlCw�EpslWmO�IRA7fONND L=AY =dm OL imagoes NO. 5091 r,Nswsa PI KRIM&ASOCIATie,Ino. LEGAL. DESCRIPTION FOR . Trips • Fat Myers TOUCHSTONE PARCEL CONSERVATION AREAS 3&4 c maw Marta tMWan oQw PnpNed Fen. wCa�M w.wavere pcmPoo tete" �o.�. M I cr.,arNe o�rot IC-CONS-34 i �INnONIieWtA6vew.mNo N' 'W) SMEET 2 OF 2 Dwr *PJtPor �*ft Mexesr4s-Cor OSOTOIrue sn,+n•21 . we>ro�rs "�` - 001OI 101~_4)1101101116/40E,ssEar • •I TCH OP LEGAL DESCRIPTION o 120 240 1 iialli SCALE: 1' - 120 . sew 46COOet of fief° Cp 4,4 contseum roof +�� _ — 1/4 Section Lino -- --OR 2929 PG.-189 51 1174 ....40 1....: ..? 1 , ,, 4. (--..., ti beig w,.3,,, *s i . tar, s.,A. +. .., p_ot.t. C1r; 1 C2 __,. .1).‘ c. 04 ?a .it I. r�0 .32 + c ok' CONSERVATIO Co > oucHst A .S f.$T63'1r"w. oar 0,,,Tel! ' '. . E" )40- (5- / ILEGEND 6 C/ TO REFERENCECURVE DR E'' ABLE FOFOR ESCP 2 2 DESCRIPTION Swirls an booed on the Wast CURVE DATA TABLE boundary of the Southwest b of 'Sheldon 31. Isnino en rammed NC. * II* DOA MC MIDI CHOW IMMO boons' of S.0 '43%. MIN III E'X.:•]!IiA141-11NW1:)•111111x 111111:x!U.Ti- i‘3! -AIM 1:I-14MT;EallIIIIIICTIF.111111111 .}[ '.11111 . NIENNINIF i1.ZAMMON'a:. AIIIIMIai`T . i-ri5 _ I •a�_n�':iTi0).�a . o E e oR iPrI D bt i �': t��'1111-MIIIL II�"=IicT•Y''Li:'y7I.I �__x'Ltt1h`� (NQT Ay tR�fR1t[Y) '• t,„. . • e , ... . . • ' haaANDA seser so eraew�ilNr4e!ma. sail , 011111IGNE OF AN1NQrQAtlOhl NO.La 1*e • PrieNtO en HIIDT&AS*OCIATla1 Ino. SKETCH OF LEGAL DESCRIPTION FOR . �*P+ re Fon Myers TOUCHSTONE PARCEL CONSERVATION AREA NO. 2 cwossawn Owl Mr►+new rrporod F. INC nraNn MIPrws a:ra0�af1 1 Cti doer pw01 7C-o0wi-a "e9° ono.,. ri Mattis s oats 7/34/at Osew INs:wst-11-e07 47, JY/42*IMJrAL PNM.#RMiO FAX 041. 1124103S 'ET 1 OF ZiDCIPEAfIC INCR E OBC110Ni1 *MUM WAIL UTAK • LEGAL DESCRIPTION DESCRIPTION; A parcel of land lying in Section 31, Township 48 South, Range 26 East. being more particularly described as follows: COMMENCING at the West one-quarter corner of Section 31, Township 48 South, Range 26 Eost, run thence along the West boundary of the Southwest one-quarter of the Northwest one-quarter of said Section 31, N.02'12'27'W.. 354.51 feet to the POINT Of BEGINNING; thence continue along said West boundary N.02'12'27'W., 981.28 feet; thence along the North boundary, of the Southwest one-quarter, of the Northwest one-quarter of said Section 31, S.89156'51"E., 1321.02 feet; thence along the North boundary of the Southeost one-quarter of the Northwest one-quarter of said Section 31, 5,89'56'51"E.. 660.51 feet; thence along the East boundary of the Northwest one-quarter of the Southeast one-quarter of the Northwest one-quarter of sold Section 31. S.071O'57"E., 667.54 feet; thence along the South boundary of the Northwest one-quarter of the Southeast one-quarter of the Northwest one-quarter of said Section 31, N.89'57'26"W., 660.41 feet; thence along the East boundary of the Southwest one-quarter of the Northwest one-quarter of said Section 31, 5.02'11'27"B., 629.33 feet; thence N.72'46'09"W., 192,80 feet to a point of curvature; thence Southwesterly along the arc of a curve to the left having a radius of 30.00 feet and a central angle of 180'00.00".(chord bearing of 5.17'13'51"w, 60.00 feet) to a point of tangency; thence S.72'46'O9"E, 213.93 feet to a point on the East boundary of the Northeast one-quarter of the Northwest one-quarter of the Southwest one-quarter of said Section 31, 5.02'08'36"E.. 422.90 feet; thence N.44.25'32"W., 77.30 feet; thence N,07•38'12"W., 251.85 feet; thence N.44•15'00"W., 101.41 feet to a point of curvature; thence Westerly, 115.97 feet along the arc of a curve to the left having o radius of 70.00 feet and a central angle of 94'55'24" (chord bearing S.88'17'17''W., 103.18 feet) to a point of tangency; thence 5.40'49'35"W., 76.16 feet; thence 5.61'52.17'W.. 257.72 feet to o point on a curve; then Am-,,l' "r"r-t , 82.79 feet along the are of a curve to the left having a radius of 555.00t%"1> • 'f ,T• •ngle of 08'32'47" (chord bearing N.43'17'03°111.,N.43'17'03" ., 92.71 feet) to a poi 461.) • gency; - .• • • 47'33'27"W., 179.88 feet; thence 14.42'26'33"E., 145.00 feet; thence . - 3'27"W., 35.81 . hence N.2739'55"E., 79,72 feet; thence 5.8$'59102"E„ 138.32 fee , th n .70"38'53"E., 1 .4- feet to a point of curvature; thence Northeasterly, 148.44 fe al-n• the - - urve o e left hoving a radius of 50,00 feet and a central angle•of 7• ' - - or• •earing N. 4118'011., 99.63 feet) to a point of tangency; thence N.6.. 5'r • '••••%-i , : • ,,S• 32'04"W., 235.79 feat: thence S.82'25'07'W., 369.10 f et - th• P. „�i-- r., d Containing 45.625 acres, more ¢7j1• - ` [-+ T �a .21ECI C'. OR; 2924 PG; 1894 See SHEET 1 or 2 FOR SKETCH PICSESs D ElS Cki PTION'., M/ =km'r+E. .r •eeM en tl>r west of tM North+wet + 5 KET M3 T 4 2'sr M fiw�M r tMt- MWM e� I NOT-,h OR Veit 2. i.t l . S11b1pN wMorw t eo� nen , reetione end r+ooblotlono of record. ANDALL L. HEN6RA ' OEm1CCAII Of Atfn,pr16�A1tpN NO I.B tail nom*�o►pMoww MIMYMt AMS til w,lf ML L .:bag 1 nee=Ie HmOT at A8$OCIAT O Inc. LEGAL DESCRIPTION FOR Tampa • Fort� TOUCHSTONE PARDEL OONBERVATION AREA NO. 1 CIVIL war ern hi*kiwi OMR Prepared For: 'MI COMlltW4I'�s DM for reee em R..aw.r aThoCarl Mr.R • 2201a NI T Cr.,MI7c-CONS-1 P1i0"p .4.8.2-7278 S EET 2 OF 2 Deli 7 /Ol LOe1K N.m -007 Mawr Fix at• 2+00 sBCAONat tiClMJrMs0Y1N a1fALT dlLLBtOSIAM Piro__ . ,, OR: 2924 PG: 1891 Delaware Limited Partnership, and acknowledged that he executed the same on behalf of said corporation and Limited Partnership and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official site. I NOTARY PUBLIC, STATE OF FLORIDA Print s ait‘c°1411114717:0132"My Commission Expires: � /gNCEig AflMITIO 14NOMK CO MIC. South Florida Water Management District _ Legal Form Approved: SFWMO—d �� te. 0 E."'4 CC PATOMMI llTPOISCOnsemmon[_,slI PonnQ117 doc s ors D OR: 29 PG: 1A2 I x 11a x ill -7777///////////////, d _ z { � SCALA R X00' 4 o 417/4".if, hi I M gir/r/ . rei.:.;!' , - . •/ 1,V,R C00- .) - W 1 7 . n C 0 . ti E. ...____.-:,,i,.:20013M111AL < 17,1 C-1 -.0 FORT MYERS SERVICE COM n . • ' a . . 4 r LEGEND N AP;'LICI, , .:.N NUMI3'j fi MI PRESERVE AREA 0 _� .•ia•:••it PRESERVE AREA WITH GO 001004 - 1144/ :••:•.:' COURSE TRIMMING LF PRESERVE AREA WITH GOLF COURSE TRIMMING EXHIBIT A TOUCHSTONE --glis .• •... CONSERVATION AREA MAP +•^1O'"^""'TM"'"""""""""'I& XIS Mao WNT4.41tt ;, Mi61111010. maim te011Y111S ,rf.•e►TINN "C. POW Naark1111RAOM�6Mro. sw �»n Mi.nig pimai ttat••OM*-10W1 ' Yews • Flotation Mils NI leeYT!5.1 41 MGMM •o'> 0,A '&T- P 8:3 A 1. 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