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Resolution 2016-185 (DO 2016-01) DEVELOPMENT ORDER NO. 16- 01 RESOLUTION NO. 16- 1 8 5 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 Previously Approved DRI (NOPC), which NOPC is attached hereto and incorporated 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 [15-CPS-01450/1263731/1]188 Pelican Marsh/DOA-PL20140002309 Rev. 7/29/16 1 of 5 CA Words are deleted;words underlined are added. 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 July 21, 2016; 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 September 13, 2016, 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 224-3,6 2256.8± acres, as depicted in the Master Plan, Map "H3", 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 [15-CPS-01450/1263731/1]188 Pelican Marsh/DOA-PL20140002309 Rev. 7/29/16 2 of 5 Words struck-thr-eugh are deleted;words underlined are added. Ci` ` 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; 360.4 371.9 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. 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 to this Resolution as Exhibit"D". SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved DRI, individually or cumulatively with any previous change, do not constitute a substantial deviation under Subsections 380.06(19)(b) through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. B. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)1., Florida Statutes. 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 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 Order. SECTION THREE: CONCLUSIONS OF LAW 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 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. However, the site shall be protected consistent with the requirements of the SFWMD permit(s) issued for the additional 43.2± acres added by this Resolution. [15-CPS-01450/1263731/1] 188 Pelican Marsh/DOA-PL20140002309 Rev. 7/29/16 3 of 5 Words struck through are deleted;words underlined are added. '% B. The proposed changes to the previously approved Development Order, either individually or cumulatively with previous changes, do not constitute substantial deviations 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(19)(e)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-01450/1263731/1] 188 Pelican Marsh/DOA-PL20140002309 Rev. 7/29/16 4 of 5 r , Words Hough are deleted;words underlined are added. This Resolution adopted this I3 day of Sep+,116EP016 after motion, second, and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA • ; By:4114-w ut 4 1erk � DONNA FIALA, Chairman Attest as to C�ia'rmayn 110 s signature onip. -. Approved as to form and legality: 1.1 c1; A C fro VIil 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) [15-CPS-01450/1263731/1] 188 Pelican Marsh/DOA-PL20140002309 Rev. 7/29/16 5 of 5 Words struck through are deleted;words underlined are added. EXHIBIT A LEGAL DESCRIPTION PELICAN MARSH, being approximately 221 1 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'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 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; F. 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 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 :,- o fti 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 V4 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 3521"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; Page of 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 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 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 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 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 52'50" 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 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 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 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 comer of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east'/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; Page 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 V2 of the east '/2 of said Section 25; thence along the west line of the east V2 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 i/2 of the east 1/2 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 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 '/2 of the SE 'A of the SW '/4 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 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Page of • Parcel IV: S '/2 of the SW '/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N %2 of the SW '/4 of the SW '/4 of Section 31, Township 48 South,Range 26 East, Collier County, Florida. Parcel VII NW Y4 of the SW'/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 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 QUARTER 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 THE 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°10'03" 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°57'27" WEST, A DISTANCE OF 135.20 FEET; THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET Page of„! ; j 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 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°5727" 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 QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 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°1220" WEST, A DISTANCE OF 607.94 FEET; THENCE SOUTH 89°5627"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 QUARTER 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 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 B FORM DEO-BCP-PROPCHA_NGE-1 Rule 73C-40.010, FAC. Effective 11-20-90 (Renumbered 10-01-11) STA lb OF FLORIDA i- 1✓1 DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING&DEVELOPMENT The Caldwell Building,MSC 160 C 107 East Madison Street Tallahassee, Florida 32399 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 state land planning agency according to this form. 1. I,D.Wayne Arnold,AICP ,the undersigned owner/authorized representative of WCI Communities LLC,hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19),Florida Statutes. In support thereof,I submit the following information concerning the Pelican Marsh DRI development,which (original &current project names) information is true and correct to the best of my knowledge. I have submitted today,under separate cover, copies of this completed notification to Collier County, (local government) to the Southwest Florida Regional Planning Council,and to the Bureau of Community Planning,Department of Economic Opportunity. May 28,2015 Date Signature 1 page-Of 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 x 256 ryovanovich@cyklawfirm.com And D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs,EL 34134 239.947.1144 warnold@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-requirements, 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 (P- of than 5% of the project's open space; therefore, it can be deemed to not be a substantial deviation. 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 32± acres for residential development as no additional dwelling units are proposed, no new or additional traffic is generated for the project. The Iands 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, 100,000 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. 3 3 Page of . f4kil"Apryd,., • 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; 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); 4 Page y of 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 any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within %2 mile on a project master site plan or other map. The only lands optioned or purchased within 1/4 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 previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change-proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO The change is less than 40% of the Criteria per 380.06(19)(b) 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No 11. Will the proposed change require an amendment to the local government comprehensive plan? 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 portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Map II and the required DO reflect the proposed additional 31.39±acres and new access point on Livingston Road. ( 13. Pursuant to Subsection 380.06(19)(f), F.S. include the precise language that is being proposed to be deleted or added as an amendment to the development order. This 5 Page .5-- of V 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 cotof the proposed change; b. An mpoupdnenateds 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 time 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. 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H Q, N p a a as o > N a) a) 0 �' a) Page 13 of st 3 1 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 2213.62245± acres, as depicted in the Master Plan,Map "H3", 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; 360.1358.4 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 *** *** *** *** *** 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: Words underlined are additions;words struck through are deletions Pelican Marsh DRI Last Revised 04/27/2015 Page 1 of I page 11-( EXT-IIBIT A LEGAL DESCRIPTION PELICAN MARSH, being approximately 221'1 2245 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 1-C—of Z`� 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. Page /4 .0I II 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"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 1 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 y • thence southerly 4835 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 anon-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 Y4 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 of39 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 52'50" 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'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 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 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"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 3922"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 THY 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 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; Page O 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 %of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of the east 1/2 of said Section 25 North'01 54'09" West 2668.19 feet; thence continue along the west line of the east 1/2 of the east 1/2 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 '/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 1/2 of the SE 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S 1/2 of the NE 1/4 of the SW 1/4 of Section 31,Township 48 South,Range 26 East, Collier County,Florida. Parcel III: N 1/2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South,Range 26 East, Collier County, Florida. Page ( ot Parcel N: S %2 of the SW 1/4 of the NW IA of Section 31, Township 48 South,Range 26 East, Collier County,Florida. • Parcel VI: N'/2 of the SW 1/4 of the SW'A of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VII NW 1/4 of the SW 1/4 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 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 QUARTER 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°0953" 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 QUARI'ER OF THE 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 667.50 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE 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 QUARI'ER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF Page 22 of Y 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 QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 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 NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE NORTH LINE OF THE AFOREMENTIONED EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SOUTH 89°56'27" EAST, A DISTANCE OF 496.20 FEET TO THE SOUTHWEST CORNER OF THE AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHEAST QUARIFR OF THE NORTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°10'14" WEST, A DISTANCE OF 667.59 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF 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 OF BEGINNING. CONTAINING 31.39 ACRES,MORE OR LESS. Total parcel contains 2211 2245 acres,more or less. f Page�3 0 -- m,t..YIDy.�/ri CN n�'i C.S+S ry Wflfl nn.wvnp��n f.m I.nrw H4v.\u.+�•'4-rcM.\'dnx.Ki\.rw\••'N4 nny,\ i F • rm • N 7.;;•,'.4..7.7.:.N.:.7?" ';°'.411 ) 1 ' 1 o,'=" .. t:l'i• : 1 .c5.2 :?:p h x,i••t ti'}///�/ • I GNC f f �T1to�// • .".1110. • ,[ tI§ " ''',r'�, illi•• ' ! q I 1 ri_______I-,-______i .rliwre:___ _ .. Iiisafk ..,141411_ .........Niiiiiiii.........,.....,,,v.„.„..;„:„....,,,..,!7.:!:c.,,,..7,,eigh, --.7.1%,. a. .1i jr. ' -g E L.Li W . x re ii i . :-........... .-.41. (7".... 1. *IA . ........, § 1 1 w._... e \Ilk" b, 1 "."„.1 .11 . '' . I §11 riiip0.14414• -,55. 2 1 iPC411111114(Ar 's 1 e� OF Tr' • •••, .. 411 i 11 II I )01411d6111111 [ e t . >4. 1 Zi : \ . 6 '\%‘,, 08 Vri t.1•,:-.1. VI 11 c g 11 ,P3t--- 8 t', 2 '' 'I-*' V- 0 ' ' .\,...;....-.,. ..: 4:1 '.....-, • ma E..;g 1 g f , I 41110 10, ...1 . . i.,,.. .., ., n.,, . _, , ._ D it. ...Ito. t. ,a - 4 ii i t. • ik) "109 1 i• 4.itrE i 1 t 1 "'4 f,.yf a ;At11 �►�. -...i.,.-,)1cp 1,4,` - ORM. 4. � �" %alis [If • it t I I� 111..2..#17.4-. -4-7 A 40 0 i . , ,. r.�-o iii --- '2. '� 00 ! I 1 t., ! i Ilik,...., , ,:.... .. ..... .. . : li /Ape lel. , .._ . ,,, .. ,_.... E...,,.., : ....... .„...._ •iro .., elimpti, fo_wit: ii.,:--41 -iiallialuiitai . . i iati, / :7 , f; FZi t ...... 10,0:. 4.• v.::i.•y ..... .. . .tow....... :air 1 i INN P ; � ti t /":• . e 111/111,1111 1, r "'Ai . 2 a• Et �...law.- �." . I a. r ,46 tall WM{ IT innnnnnnnnnnnnf-1i I I 3, Page 2`t of 2-1._ Exhibit C AshtonHeidi From: DANIEL TRESCOTT [trescott@embarqmail.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.com>, "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! ffektyr-Cielo 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;�� Page of_L ICGradyMinor Pi 2014 0002309 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 PL20140002211 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 43± 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 Collier 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 • 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 Pi 2014 U U IJ 2 3 U 9 REV 4 DATE PROCESSED APPLICANT CONTACT INFORMATION Applicant(s): Barry Ernst Firm: WCI Communities LLC Address: 24301 Walden Center Drive City: 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-Mail Address: warnold@gradyminor.com / ryovanovich@cyklawfirm.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? n Yes ■ No Please provide the following information on separate sheets and attach to the application: ❑ 1. If applicant is a land trust,so indicate and name beneficiaries. ❑ 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 rAC co*r 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. ❑ 5. If applicant if a lessee, attach copy of lease,and indicate actual owners if not indicated on the lease. 0 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. Property I.D. Number: Section/Township/Range: 00199460007,00201760000,00201840001 and 00199320002 31 /48 /26 Subdivision: Lot: Block: Metes&Bounds Description: Plat Book: Page#:_ 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.Number: Section/Township/Range: / / Subdivision: Lot: Block: Metes&Bounds Description: Plat Book: Page#: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Page Of 6/3/2014 �,,. Page 2 of 5 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 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: ❑■ SOLD and/or 0 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 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item,please remove all public hearing advertising sign(s)immediately. 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 Page Of�. Page 3 of 5 Co er County r' 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 4 (I DRI Application'for Development Approval (DRI) z. I . _ 11111 Dill Notice of Proposed Change (DOA) ; Other DRI Development Order'Amendment(DOA) .z �" 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) ❑ ❑ ❑ Project Narrative 3 ❑ ❑ Pre-application meeting notes ❑ ❑ ❑ Completed Addressing checklist(no older than 6 months) 2 ❑ ❑ Site Development Plan,24"x 36"copy, 8'A"x 11"copy,and one jpg copy(from DRI ❑ ❑ Development Order) An 8 Y: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 Authorization,signed&notarized 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 ❑ ❑ Current aerial photographs(available from Property Appraiser)with project boundary 5 ❑ ❑ and, if vegetated, FLUCFCS Codes with legend included on aerial. Traffic Impact Study(TIS)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 ❑ ❑ 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,include 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. 6/3/2014 Page of Page 4 of 5 Ca er Caunt y 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 ❑ Graphics: Mariam Ocheltree Director ❑ City of Naples: Robin Singer, Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting ❑ Sign-In Sheet Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office: Heidi Ashton-Cicko ❑ School District(Residential Components):Amy Heartlock Emergency Management:Dan Summers;and/or ❑ EMS:Artie Bay ❑ Transportation Pathways:Stacey Revay ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering: Kris VanLengen FEE REQUIREMENTS All checks payable to:Board of County Commissioners ❑ 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 ❑ 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 5th 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) ❑ DRI Extension:$100.00 ❑ DRI Comprehensive Plan Consistency Review:$2,250.00 ❑ Estimated Legal Advertising Fee: o CCPC:$925.00 o BCC:$500.00 C Usted or Protected Species Review:$1,000.00 ❑ 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 LI School Concurrency Fee,if required:[reserved] o Mitigation Fees,if applicable,are to be determined by the School District in coordination with the County 6/3/2014 Page 5 of 5 Page LL 01,� Pelican Marsh DRI Project Narrative PL 2014 U U U 2 3 U 9 REV 4 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 11.8± 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. Page 3 of 3 Page j�of 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 entities. 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 € 4 of PL 2014 uu ( 23U9 REV A , 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 22--1;.62256.8±acres,as depicted in the Master Plan. Map`•H3",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; 360.1370.2 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 *** *** *** *** *** s • 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: PL 2014 UUU 23U9 REV 4 Page 1 _ of Words underlined are additions;words are deletions Pelican Marsh DRI Last Revised 03/09,2016 Page 1 of 1 {r 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 IA corner of said Section 27; the$ce 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; I) 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 I675.64 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 - ®f , • 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 chotd 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. • 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; • -744 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. Behrings 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 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 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; f Page 0 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 1257" and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 5250" 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`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 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,a?of® thence North 56 04'43" West 35.11 feet; thence North 80 39'23"West 32.53 feet; thence North 88 3920" 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; theme 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; Page `�of V 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 Y2 of the east Y2 of said Section 25; thence along the west line of the east 1/2 of the east '/ of said Section 25 North 01 54'09" West 266$.19 feet; thence continue along the west line of the east 1/2 of the east Y2 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 12 of the SE 1/4 of the SW % of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel II: S '/2 of the NE Y4 of the SW 1/4 of Section 31, Township 48 South,Range 26 East, Collier County,Florida. Parcel III: N 1/2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South,Range 26 East,Collier County, Florida. Page I! of Parcel IV: S %2 of the SW'/of the NW 1/4 of Section 31,Township 48 South,Range 26 East, Collier County, Florida. Parcel VI: N ''/2 of the SW 1/4 of the SW 1/4 of Section 31,Township 48 South,Range 26 East, Collier County,Florida. Parcel VII NW'/4 of the SW 1/4 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 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 QUARTER 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°5T44" 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 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°10'03" 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°57'27" WEST, A DISTANCE OF 135.20 FEET; THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET Page ' c,: 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 THE 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 NQRTH 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 QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 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 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 QUARTER 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 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. 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C7 CD 171 SW I/9 17 SECT/ON 31 .. m R 2 m Ft. ,c42.— S B9°5T44"E a n w m ° 165.20' I w S 89°57'44"E c �4 ? 0 1 r� oN Nd t 135.17' zw p V y.l Imp Nd w mw m O) �, F9I � 9 Cl) Co ao I omo ma VN°rri a p m n�'Z'I I ...p w C In l N.p 2 O nm ,-, 1 om0N to 0u) O Z 8\�I �m (nz,o att `3 m �n-0 c zA I �..�o wa A0 n w ml Z-9, �; CA V �l y N C1 -I Cn 7C Y A I I11 of w A rn 0> to ' o p -0 q 01I I `= oz -• v rm p z n n 2 r D Z I N 89°5727"W 495.67' y Z o m p -0 -< Z 0 2 m II C A Z p w j o iv N,), 7JOm Z oo m wo �vz ZV - O Z w n N o ,cn NI z; CTI C =rt 73 -W n•o -' ()jig O 5 =�7 D 4 m o m . o D . m 0 Z D Z I— M �oAmm r N m CO -1°°''O G) TmP,-+ m `ego Z gi 0 v Z 0 o O H R' D o timS C ( yr m Pi of 00� G:\SURVEY\PROJECT SURVEY 2014\88 - WILSHIRE LAKES\SURVEY\14-88-ZONING-REV.DWG Exhibit C-1 AshtonHeidi From: Margaret VVuerstle [mwmersde@swfrc.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 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.swfpcorg = f �� 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: 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! 1/eVi/itekair-erdo 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 [moiUo:mwuerstle©swfrp .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 K0argaretVVuerst|e Executive Director Page ( of 1 `` ioEST FL® 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 www.swfrpc.org ci PL A N NGNV \O SSLES .REALSp�.1 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 3— of .i i,rNESTFO OJ R/6 ti y 1400 Colonial Blvd.,Suite 1 P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 _ www.swfrpc.org O O y m�C' 9!pCAA7N`NG �0ry sSGfS •REAI S0' "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 Page )�of O51/4o E57 FSO � 1400 Colonial Blvd.,Suite 1A P:239.938.1813 I F:239.938.1817 Fort Myers,FL 33907 www.swfrpc.org SSGfS REAL 44:)\.J1 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. Daniel Trescott, MSP Trescott Planning Solutions, Consultant for SWFRPC t rage 14 of.2-(0 • ATTACHMENT I 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 • Orr 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 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. • 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 -6— of Z • • • 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 ob 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 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(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 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 yertebrates.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_� 4r • • 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 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. Page 2 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: 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 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. 1j Page oi ��' , AI I ACilY.:::•,'! : • ' N \ ( SARASOTA _ . I , .....1 / ; , \ ,, '.-- ---% — ; . . 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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 Caldwell Building j 107 E.Madison Street Tallahassee,FL 32399 866.FLA.2345 850.245.7105 850.921.3223 Fax www.floridajobs.org www.twitter.com/FLDEO www.facebook.com/FLDEO Page � of 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.rogers@deo.myflorida.com. Sincerely, 0 rat 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 f Page 1 o Goe-�or fou ><->E ty 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±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. COMPREIIENSIVE 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 Page I of_ COWER 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# l • 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 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.1: 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. 1 Page � of '� , Review: Zoning Review Reviewed By: Nancy Gundlach Email: nancygundlach@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 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 Deference 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 Page of . • 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, % 1 Nancy Gundlach, AICP Principal Planner C: Barry Ernst, WCI Communities, LLC • Heidi Ashton Cicko Michael Sawyer Richard Anderson Page I of ;'e _ SOUTH FLORIDA WATER MANAGEMENT DISTRICT Regulation,Division July 2, 2015 Michael J. Delate, P.E. Q. Grady Mrnor& 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. 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.16th 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 Page,l . of . Michael J. Dilate, 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 WCL" 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 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. 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 Page of 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 Page _,, of.; ,. 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) 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. II) 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 III, 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 (ie adjacent properties). The requested information should demonstrate Page of Lk 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(c�dep.stato.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.de p.state.flus/water/stormwater/npdes/ . Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.gov/eperrnittinq) 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 Page '22- of= Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 6 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. Layer': Section Leader South Florida Water Management District LL/kwk Enclosure cc: Paul Erhardt, WCI Communities, LLC Marco Espinar John Fumero 7 Page 2-3 of ATTACHMENT II , 1 i I 1 r 1 _ 1 Ili .. II I 419 � = H----'\\,) (8.97 AC.) 411-El 0 150' 300' I SCALE: 1"= 300' { 624 ' 1 (1.16 , I AC.) 1 ,\ 121 624-E1 182 411-EI >--•-624-E2 624` ' -- • v•`, 624-E1 ' -E3 � -740 4, �--._. 6249 (0.85 624-E2 AC.) ---4114'N\ I w 6249 �1 N (0.85 1 ' 6417 ; 624, 121E3 FLUCFCS CODES OVERALL El 0-25% E2 26-50% E3 51-75% E4<75% CODE , DESCRIPTION AC. AC. AC. AC. 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