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Backup Documents 02/24/1998 RREGULAR BCC HEETING OF FEBRUARY 24, 1998 February 24, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 24, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WIT}! ~7[E COUNTY ADMINISTRATOR PRIOR TO qTLE PRESENTATION OF T}IE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS 77r~. BOARD ON SUBJECTS W~{IC7! ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE M~-~TING AND WILL BE IfEARD UNDER "PUBLIC PETITIONS · . ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF TH~ PROCRRnINGS PERTAINING TH]KRETN~, AND TH]SREFORE MAY N~.RD TO ENSURE THAT A VERBATIM RECORD OF THE PROCF. RnINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICh{ ~7[E APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTEI) BY ASSISTED LISTENING DEVICES FOR T}[E HEARING IMPAIRRD ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS S~ FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Pastor David Mallory, First Assembly of God Church Pr.mDGE OF ALLEGIANCE APPROVAL OF AGENDA ANDCONSENTAGENDA Approved and/or Adopted with changes - 5/0 APPROVAL OF MIlqUTES Approved as Presented - 5/0 January 27, 1998 - Regular meeting. February 3, 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARD~ A. PROCLAMATIONS B. SERVICE AWARDS Page 1 February 24, 1998 Presented 1) George Cawley - Parks & Recreation Dept. - 5 years 2) Barbara Lee - Road & Bridge Dept. - 5 years 3) James Riley - Road & Bridge - 5 years C. PRESENTATIONS 6. APPROVAL OF CLRRK'S REPORT 1) ANALYSIS OF CHANGES TO ~ESERVES FOR CONTINGENCIES. PUBLIC PETITIONS 8 . COUNTY ADMINISTRATOR' S REPORT COMMUNITY DEVELOPMENT PUBLIC WORKS 1. Award of Contract for Bid 97-2771 removal of non-specification material from the Naples Beach - Awarded to CBE Trucking in the amount of $99,982.00 and report on other beach re-nourishment project matters - 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 1) 1997 Federal Aviation Administration Innovative Environmental Award Presentation. Accepted by Collier County Airport Authority Chairman Monte Lazarus 2) Adopt a Resolution approving the Business Plan for the Collier County Airport Authority. Res. 98-46 Adopted 5/0 9. COUNTY ATTORNEY'S RRPORT 10. BOARD OF COUNTY COMMISSIONERn Appointment of member to the Environmental Policy Technical Advisory Board. Res. 98-47 appointing TyAgoston - Adopted 4/1 {Commissioner Mac'Kie opposed) Page 2 February 24, 1998 Appointment of members to the Tourist Development Council. Res. 98-48 appointing William Hall, Judy Keller, and Liana Maria Buysse. Karen Louwsma as the Everglades City representative - Adopted 5/0 Letters to the State Senator and House of Representatives regarding inclusion of $2.4 million recurring budget line for the Regional Planning Councils (Commissioner Norris) Approved - 5/0 ' 11. OT}r~R CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. TyAgoston re Environmental Concerns PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC ?r~3%RINGS - BCC A. COMPRE]~NSIVE PLAN AMENDMENTS 1) Petition CP-97-3, George L. Varnadoe of Young, vanAssenderp and Varnadoe, P.A., requesting a Growth Management Plan Text Amendment of the Future Land Use Element to provide for the reallocation of residential dwelling units from portions of the Fiddler's Creek PUD/DRI located in the Urban Coastal Fringe and Urban Residential Fringe designated areas to specified lands located in the Agricultural/Rural Designated area of the Future Land Use Map. Ordinance 98-12 - Adopted 5/0 B. ZONING AMENDMENTS 1) Petition PUD-84-7(6) George L. Varnadoe of Young, vanAssenderp & Varnadoe, P.A., representing C Y Associates Joint Venture, a Florida General Partnership, for the purpose of amending the Marco Shores/Fiddler,s Creek PUD and rezoning certain property from "A" Rural Agricultural to "PUD" Planned Unit Development, having the effect of adding 1,385 acres to the Fiddler's Creek portion of the Marco Shores PUD. (Companion to Agenda Item 12C.(7 ) Ordinance 98-13 - Adopted 5/0 2) Petition PUD-97-16, McAnly Engineering and Design, Inc., representing Toll Brothers, Inc., requesting a rezone from "PUD" (Casa Del Sol Golf & Country Club) and "A" to "PUD" Planned Unit Development to be known as Naples Forest Country Club for property located at the northwest quadrant of C.R. 951 and Rattlesnake-Hammock Road (C.R. Page 3 February 24° 1998 864). Ordinance 98-14 - Adopted 5/0 1) Petition AV 97-020 to vacate 6' wide Drainage and Public Utility Easements within Lots 1 through 4, Block 207 and within Lots 4 through 6, Block 206, according to the Plat of Golden Gate Unit 6, as Recorded in Plat Book 5, Pages 124 through 134, Public Records of Collier County, Florida, and to accept a 6' wide Drainage and Public Utility Easement as a Replacement Easement through the previously vacat~ cul-de-sac at the intersection of 28th Avenue SW and 53 Terrace SW. Resolution 98-50 Adopted 5/0 2) Petition AV 97-021 to vacate portions of Special Preserve Easements, to vacate portions of Drainage Easements and to accept Replacement Easements for the vacated portions of the Drainage Easements in the Quail West Subdivision. Resolution 98-51 - Adopted 5/0 3) This item has been deleted. 4) Petition AV 98-002 to vacate a portion of a 12' wide Lake Maintenance Easement in LOt 5 and to vacate a portion of a 15' wide Drainage Easement in Lot 24, according to the Plat of "Tierra Lago", as Recorded in Plat Book 24, Pages 20 and 21, Public Records of Collier County, Florida. Resolution 98-52 - Adopted 5/0 5) Recommendation to adopt an Ordinance amending Ordinance 97-82 which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; amending Section Six to clarify that members of the advisory committee are permanent residents or commercial property owners within the district; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ordinance 98-15 with change - Adopted 5/0 6) Petition SNR-97-11, William L. Hoover of Hoover Planning Shoppe representing Frank Cooper of Northbrooke Development, Limited, requesting a street name change for the northern portion of Northbrooke Drive and Oakes Boulevard Extension in its entirety to Cypress Woods Boulevard. (Continued from the meeting of 1/27/98) (W~THDRAWN) 7) Petition DOA-97-3, George L. Varnadoe of Young, vanAssenderp & Varnadoe, P.A., representing D Y Associates Page 4 February 24. 1998 Joint Venture, a Florida General Partnership, for an amendment to the Marco Shores/Fiddler's Creek Development Order 84-3, as amended, for the purpose of adding 1,385 acres to the Fiddler's Creek portion of said Development Order and companion Planned Unit Development Zoning Regulations, and to adopt a new Master Plan. (Companion to Agenda Item 12B.(1) Development Order 98-1/Resolution 98-49 - Adopted 5/0 8) Recommendation to adopt a Resolution setting forth the intent of the Board of County Commissioners to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees within the unincorporated area and the incorporated areas of Collier County. Resolution 98-53 - Adopted 5/0 13. BOARD OF ZONING APPEAL.q A. AUVERTISED PUBLIC HF3%RINGS 1) Petition V-97-16, Karen K. Bishop of Project Management Services, Inc., representing Jeffrey Piipponen requesting a 2 foot variance to the required height for fences and walls from 6 feet to 8 feet for the Longshore Lakes PUD located on the north side of Immokalee Road approximately i mile east of interstate 75. Resolution 98-54 - Adopted 5/0 2) Petition V-97-15, Kenneth D. Goodman representing Lana S. Chadwick requesting a 0.5 foot after-the-fact variance from the required 30 foot side yard setback for the principal structure along the south property line; a 4 foot after-the-fact variance from the required 30 foot side yard setback for an accessory structure along the south property line; a 13.3 foot after-the-fact variance from the required 30 foot setback for a tennis court along the north property line; and a 2 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court for property located at 118 Cajeput Drive. Resolution 98-55 - Adopted 5/0 3) Petition V-97-17, Daniel and Margaret Kelly requesting an after-the-fact variance of 22.9 feet from the required 30 foot side yard setback for property located 6831 Sandalwood Lane. Resolution 98-56 - Adopted with changes and a requirement of 15' from property line 5/0 Page 5 February 24, 1998 14. STAFF' S COMMUNICATION.~ 15. BOARD OF COUNTY COMMISSIONERS. COMMUNICATIONS 1. Discussion regarding street name changes for Logan Blvd area. . 2. Discussion regarding zoning of Santa Barbara Blvd. north of Golden Gate Parkway and south of Green Blvd. 3. Discussion regarding Article V to be on 3/3/98 agenda. 4. Update regarding scoring of Mock Trial. 16. ~ONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES 1) Approval of an added contractor to the list of pre- qualified contractors permitted to work on projects funded through the County Residential Rehabilitation Program. Cameron Asset Management, Inc. to be added to the list of pre-qualified contractors 2) Approval of the final plat of "The Club Estates-. w/Construction and Maintenance Agreement and Stipulations as detailed in the Executive Summary 3) Approval for recording the final plat of Waterways of Naples, Unit Two. w/Construction and Maintenance Agreement and Stipulations as detailed in the Executive Summary 4) Approval for the Chairman to sign the application for the Florida Department of Environmental Protection Artificial Reef Grant for the artificial reef program of Collier County. 5) Approval for the Chairman of the Board of County Commissioners to execute a Quit-Claim Deed and an as is Bill of Sale. " " To re-convey to the Halstatt Partnership, all property interests that the County may have in the Grey Oaks Page 6 February 24, 1998 Subdivision (except utility facilities properly deeded to the County B. PUBLIC W~RKS 1) Approve an Alternate Road Impact Fee for the Cypress Woods Golf and Country Club based on a site-specific computation. In the amount of $17,710.46 2) Recommendation to authorize the Board of County Commissioners' Chairman to execute a Resolution adopting the Golden Gate Community Roadway Beautification Master Plan and accept maintenance responsibility for the landscaping within the median of Golden Gate Parkway from Santa Barbara Boulevard East to County Road 951. Res. 98-44 3) Obtain Board approval to reimburse funds to Forest Lakes property owners for ficus shrubs that were received but not planted. $3,864.00 to be refunded on a pro rata basis 4) Adopt a Resolution authorizing Collier County to enter into and approve a Joint Participation Agreement between the County and the Florida Department of Transportation for street lighting as part of the Immokalee Streetscape Beautification Project (Project #68063). Res. 98-45 C. PUBLIC SERVICES 1) Approval of a limited use license agreement with the Golden Gate Area Chamber of Commerce, Incorporated, in order to hold activities for the Golden Gate Festival. To be held from Feruary 27, 1998 through and including March 1, 1998 SUPPORT SERVICES 1) This item has been deleted. 2) Award RFP #97-2769 for a Full Service Auctioneer Agreement. Awarded to First Coast Auction 3) Authorization to executive Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Page 7 February 24, 1998 4) Declare certain County-owned property as surplus and authorize a sale of the surplus property. Property declared as surplus; auction scheduled for Saturday, March 21, 1998 5) Award Bid 98-2756 for janitorial supplies. Awarded to various vendors as detailed in the Executive Summary E. COUNTY ADMINISTRATOR 1) Budget Amendment Report BA's 98-075; 98-136; 98-137; and 98-140 F. BOARD OF COUNTY COMMISSIONER~ G. MISCRLrm~NEOUS CORRESPONDENCR OTHER CONSTITUTIONAL OFFICER~ COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Easement Acquisition on Parcel No. 318 in the Lawsuit Entitled Collier County v. George Visnich, et al., Case No. 91-2776-CA-01-DRM. (Pine Ridge Industrial Park MSTU) In the amount of $500.00 ' J. AIRPORT AUTHORITY Continued one week 1) Recommendation to recognize and transfer $190,000 from Airport Authority Fund 496 Carry Forward to the Immoka!ee Manufacturing Incubator Center Project. 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOU~.n BE MADK TO THECOUNTYADMINISTKATOR,S O~wICE AT 774-8383. Page 8 AGENDA CIIANGE.¥ BOARD OF COUNTY COMML¥SIONER.¥' MEETING FEBRUARY 24, 1998 ADD: ITEM 8(B)(I) - AWARD A CONTRACT FOR BID NO. 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAl, FROM Tile NAPI,ES BEACli TO C.B.E. TRUCKING COMPANY, INC. IN Tile AMOUNT OF $99,982 AND REPORT ON OTtlER BEACtl RENOURISliMENT PROJECT MATTERS. (STAFF'S REQUEST). 8 F2 RESOLUTION 98- 46 A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING TIlE COLLIER COUNTY AIRPORT AUTIIORITY TEN YEAR BUSINESS PLAN AND CONDENSED VERSION TIIEREOF. WHEREAS, the Board of County Commissioners ("Board") previously requested that the Collier County Airport Authority develop and present a Business Plan to the Board; and WHEREAS, the Collier County Airport Authority has developed and presented to the Board the requested ten year Business Plan with a recommendation for approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: I. The ten year Business Plan for the Collier County Airport Authority, which is subtitled "Airports Are For People Who Don't Fly," is hereby approved. The condensed version of the Business Plan, titled "Executive Summary," is also hereby approved. This Resolution adopted this ~,'~- day of ~"_~j~---~o-~..~'. , 1998 after / motion, second and majority vote favoring same. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~ B.-B~r~, Approved as to form and legal sufficiency: R~arniro Mafial~h, - - Chief Assistant County Anomey RESOI,UTION NO. 98-47 A RESOI.UTION APPOINTING TY AGOSTON TO TIlE COI,LIER COUNTY ENVIRONMENTAl, POI.ICY TECliNICAL ADVISORY BOARD. WHEREAS, Collicr County Ordinancc No. 91-26 creating the Collicr County Environmental Policy Tcchnical Advisory Board providcs that thc Board shall consist of nine (9) members; and WHEREAS, thc Board of County Commissioners, on June IR, !~91, adopted Collicr County Ordinance No. 91-46 which amends Ordinance No. 91-26 by providing that thc Collier County Environmental Policy Technical Advisory Board shall consist of eleven (I 1) members: and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public noticc soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ty Agoston is hereby appointed to thc Collier County Environmental Policy Tcchnical Advisory Board to fulfill the remainder of the vacant term, said tcrm to cxpirc on Scptembcr 30. 2001. This Rcsolution adoptcd aflcr motion, sccond and majority vote. DATED: February 24, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney 10t% RESOLUTION NO. 98-48 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO TIlE TOURIST DEVEI,OPMENT COUNCIl. WHEREAS. Collier County Ordinance No. 92-18 creatccl thc Tourist Development Council and provides that thc Council shall be composed of nine (9) members pursuant 1o Scclion 125.01 O4(4)(e), Florida Statutes; and WHEREAS, there arc currently 3 vacancies on this board; and WHEREAS, a letter was received from Martha Daniels, City Clerk, stating that the Mayor of thc City of Everglades requested the appointment of Council Person Karcn Louwsma to fulfill thc vacant term. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 1. Council Person Karcn Louwsma, representing thc City of Everglades, is hereby confirmccl for appointment to the Tourist Development Council to fulfill the remainder of the vacant term, said term expiring April 21,2000. 2. Judy A. Keller is hereby appointed in thc non-owner/operator category to thc Tourist Development Council to fultill the remainder of the vacant term, said term expiring on April 21, 1999. 3. William A. Hall is hereby appointed in the owner/operator category to the Tourist Development Council for a 4 year term, said term expiring on April 2 I. 2002. 4. Liana Maria Buysse is hereby reappointed in the non-owner/operator category to the Tourist Development Council for a 4 year term, said term expiring on April 21, 2002. This Resolution adopted after motion, second and majority vote. DATED: February 24, 1998 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney Iohn C, Non'is District 1 Timothy L. Hancock. AICP District 2 Timothy I. Constantine D~flct 3 Pamela S, Mac'KJe Distrkt 4 Barbara B. Berr~ District 5 3301 East Tamiami Trail · Naples, Florida 34112.4977 (941) 774-8097 · Fax (941) 774-3602 February 24, 1998 lOC The ltonorable Fred R. Dudley State Senator District 25 313 Senate Office Building Tallahassee, FL 32399-I100 RE: Southwest Florida Regional Planning Council Dear Senator Dudley: While convened in regular session on Febn, ary 24, 1998, the Board of County Commissioners voted unanimously to recognize the Southwest Florida Regional Planning Council as a valuable resource and to urge your continuing support of our Council. Please contact Senator W. D. Childers, as soon as possible, and request the inclusion of the $2.4 million recurring budget line for Regional Planning Councils to be included in his budget. The Regional Planning Council is a valuable resource for local governments in that it serves as a forum for state agencies to meet with the many local governments that are affected by the agencies' regional decisions. The Council serves as a tool in developing regional solutions to shared problems, and for working together on common issues, including shared staffing. On behalf of the Board of County Commissioners, thank you for )'our coniinued support of this very important issue. BBB:sf V~~y~y_~urs, Commissioner, District 5 Iohn C. Norris DbsUict 1 Timothy L. Hancock, AICP District 2 Timothy I. Constnntine District 3 Pamela S. Mac'Kie District 4 Barb~ra B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 February 24, 1998 10C The Honorable Ken Jenne State Senator District 29 211 Senate Office Building Tallahassee, FL 32399-1100 RE: Southwest Florida Regional Planning Council Dear Senator Jenne: While convened in regular session on February 24, 1998, the Board of County Commissioners voted unanimously to recognize the Southwest Florida Regional Planning Cotlncil as a valuable resource and to urge >'our continuing support of our Council. Please contact Senator W. D. Childers, as soon as possible, and request the inclusion of the $2.4 million recurring budget line for Regional Planning Councils to be included in his budget. The Regional Planning Council is a valuable resource for local govemments in that it serves as a forum for state agencies to meet with the many local governments that are affected by the agencies' regional decisions. The Council serves as a tool in developing regional solutions to shared problems, and for working together on common issues, including shared staffing. On behalf of the Board of County Commissioners, thank you for your con[inued support of this very important issue. Barbara B. Berry: Chalrman'X '"~ Commissioner, District 5 BBB:sf 10C Iohn C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy I. Constantine Distdct 3 Pamela S. Mac'Kie Dislfict 4 Barbara B, Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 February 24, 1998 The Honorable Bun Saunders State Representative District 76 1202 Capitol Tallahassee, FL 32399-1300 RE: Southwest Florida Regional Planning Council Dear Representative Saunders: While convened in regular session on February 24, 1998, the Board of County Commissioners voted unanimously to recognize the Southwest Florida Regional Planning Council as a valuable resource and to urge your continuing support of our Council. Please contact Representative Sharon J. Merchant, as soon as possible, and request the inclusion of the $2.4 million recurring budget line for Regional Planning Councils to be included in the budget. The Regional Planning Council is a valuable resource for local governments in that it serves as a forum for state agencies to meet with the many local governments that are affected bv the agencies' regional decisions. The Council serves as a tool in developing regional sol'utions to shared problems, and for working together on common issues, including s,hared staffing. On behalf of the Board of County Commissioners, thank you for your continued support of this very important issue. · Berry, Chaff'manx Commissioner, District 5 BBB:sf John C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy I. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 February 24, 1998 10C The Honorable Joseph R. Spratt State Representative District 77 316 House Office Building Tallahassee, FL 32399-II00 RE: South~vest Florida Regional Planning Council Dear Representative Spratt: While convened in regular session on February 24, ! 998. the Board of County Commissioners voted unanimously to recognize the Southwest Florida Regional Planning Council as a valuable resource and to urge your continuing support of our Council. Please contact Representative Sharon J. Merchant, as soon as possible, and request the inclusion ofthe $2.4 million recurring budget line for Regional Planning Councils to be included in the budget. The Regional Planning Council is a valuable resource for local governments in that it serves as a forum for state agencies to meet with the many local governments that are affected by the agencies' regional decisions. The Council serves as a tool in developing regional solutions to shared problems, and for working together on common issues, including s,hared staffing. On behalf of the Board of County Commissioners, thank you for your continued support of this very important issue. V(~ truly yours,{~) B~a~errs~ ~~ Commissioner, District BBB:sf Iohn C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy I. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry Districl 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 February 24, 1998 lOC The Honorable Ralph L. Livingston District 75 State Representative 323 House Office Building Tallahassee, FL 32399-1300 RE: Southwest Florida Regional Planning Council Dear Representative Livingston: While convened in regular session on February 24, 1998. the Board of County Commissioners voted unanimously to recognize the Southwes~ Florida Regional Planning Council as a valuable resource and to urge your continuing support of our Council. Please contact Representative Sharon J. Merchant. as soon as possible, and request the inclusion of the $2.4 million recurring budget line for Regional Planning Councils to be included in the budget. The Regional Planning Council is a valuable resource for local governments in that it serves as a forum for state agencies to meet with the many local governments that are affected by the agencies' regional decisions. The Council serves as a tool in developing regional solutions to shared problems, and for working together on common issues, including s,hared staffing. On behalf of the Board of County Commissioners, thank you for your continued support of this very important issue. BBB:sf Commissioner, District 5 Iohn C. Norris District 1 Timothy L. Hancock. AICP District 2 Timothy J. Constantine D~strict 3 Pamela S. Mac'Kie District 4 Barbara B. Berry DisUict 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 * F~ (941) 774.3602 February 24, 1998 The Honorable Luis E. Rojas State Representative District ! 02 1302 Capital Tallahassee, FL 32399-1300 RE: Southwest Florida Regional Planning Council Dear Representative Rojas: While convened in regular session on February 24. 1998, the Board of County Commissionem voted unanimously to recognize the Southwest Florida Regional Planning Council as a valuable resource and to urge your continuing support of our Council. Please contact Representative Sharon J. Merchant, as soon as possible, and request the inclusion of the $2.4 million recurring budget line for Regional Planning Councils to be included in the budget. The Regional Planning Council is a valuable resource for local govemments in that it serves as a forum for state agencies to meet with the many local governments that are affected by the agencies' regional decisions. The Council serves as a tool in developing regional solutions to shared problems, and for working together on common issues, including s,hared staffing. On behalf of the Board of County Commissioners, thank you for your continued support of this very important issue. Barbara",B. Berry, Chairnhan Commissioner, District 5 BBB:sf COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IlEARINGS To: Clerk to the Board: Please place the following as a: xx Normal legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/Div: Planning Services Person: David ¥,'eeks'~. ' Date: 1/12;98 Petition No. (If none, give brief description): CP-OT-3 Petitioner: (Name & Address): George Vamadoe Young, VanAssenderp & Vamadoe 801 Laurel Oak Dr., Suite 300 Naples, Fl, 34108 Name & Address of any person(s) to be notified by Clerk's Office: {If more space is needed, attach separate sheet) DY Associates Joint Venture, 4001 North Tamiami Trail, Suite 350. Naples, FL 34103 Heating before xx BCC BZA Other Requested Hearing date: (Based on advertisement appearing 5 days before hearing) February 24, 1998 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other Proposed Text: (Include legal description & common location & Stz. e): See Attached [] Legally Required Companion petition(s), if any & proposed hearing date: PUD.S4-7{6} and DOA-97-3 Does Petition Fee include advertising cost? xx Yes Reviewed by: Division Head ~//J '~ List Attachments: Legal Ad [] No What account should be charged for advertising cost:l ! I-13S317-649100 Date~ ' t Count' Manager Date DISTRIBUTIO.N INSTRUC'TION$ Ao For hearings before BCC or BZA: Initiating person to complete one cop.,,' and obtain Division llead approval before submitting to County Manager. Note: If legal document is involved, be sure that an)' necessary legal re,~ie~v, or request for same, is submitted to Count,,' Attorney before submittino to County .Xlana~er The .Manager's office will di,~trihute eop~es: [] County Manager agenda file: to Clerk's Office f-I Requesting Division {-'1 Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USEQNLy: Date Received: ~ Date of Pu~,ic hearing: o9-/2 q/~]' Date ^d,'ertiscd: (:i.nc.tud.tng ~ cove.~) 12A--1 !illli111111111111111111111111111111111111111111111111111111111 !illi111111111111111111111111111111111111111ili1111111111111111,. ~ Hoe (8z3) 77~-8408 ! 774-8606 o o n t::////~-/: £ ''~ 12A- 1 January 15, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 89-05 as Amended Dear Judi: Please advertise the above referenced notice one time on Wednesday, February 18, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Account to be charged: 111-138317-649100 February 24. 1998 Board of County Commissioners Public Hearing Advertisin~ Requiremcnl:~ Please publish the following Legal Advertisement on Wednesday. February 18. 1998, and furnish proof of publication to thc Comprehensive Planning Section, 2800 North [Iorseshoe Drive, Naples. Florida 34104. 12A .l NOTICE f)F PROPOSEI) CIIAN(;E TO TIlE FUTUI',E I,ANI) USE ELEMENT OF TIlE GR¢)WTll .MANAGEMENT PI.AN The Board of County Commissioners proposes to adopt the following by Ordinance: AN ORDINANCE AMENDING ]'liE FUTURE LAND USE ELEMENT OF ORDINANCF. NUMBER 89-05, AS AMENDED, TIlE COLI.IER COUNTY GROWTtl MANAGEMF. NT PLAN, FOR THE L'.~INCORPORATED AREA OF COkLIER COUNTY, FLORIDA, BY AMENDING Till:. AGRICIJI.TUIL.~,L/RE'SIDENTIAL SUBDISTRICT OF TIlE AG RICULTUILA L/R UIL,\ L MIXED USE DISTRICT OF TIlE AGRICUI,TUIL-\I,/RURAI. DESIGNATION OF TIlE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION BY ALLOWING A REAl,LOCATION OF AN UNSPECIFIED NUMBER OF DWELLING U.~ITS FROM TIIE FIDDLER'S CREEK DRI. LOCATED IN TtlE URBAN COASTAl, FRINGE SUBDISTRICT ANI) URBAN RESIDF. NTIAI. FRINGE St;Br~ISTRICr OF TIlE URBAN - MIXED USE DISTRICr OF THE URBAN DESIGNATION, TO CERTAIN I.ANDS ADDED TO TI-IE FIDDI.ER'S CREEK PUD, I.OCATED IN' THE AGRICUI.TURAL/RESIDENTIAL SUBDISTRICq'. IN EXCESS OF ONE D\\'EI.LING UNIT PER FIVE ACRES; BY PROVIDING FOR SEVEILABILITY; AND BY PROVIDING AN EFFECTIVE DATE. (Petition CP-97.3) A public hearing on the Ordinance. pertaining to Petition CP-97-3. will be held on February 24. 1998 at 9:00 AM in the Board of County Commis'sioncrs .Meeting Room. Y~' Flo,,r. Administration Building. County Government Center, East Naples. Fhmda. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for inspection at the Collier County Clerk's Office, ,-V" Floor. Administration Building, County Government Center. East Naples, Florida: and at Cornprehensivc Planning Section, 2800 N. Horseshoe Drive. Naples. Florida, betxveen the hours of 8:00 A.M. and 5:00 P.M., .Mor. dav throueh Friday. Any questions pertaining to this Ordinance should be directed to the Comprehensive Planning Section. Written corn'ments ~ filed with the Clerk to the Board's Office prior to FebmaD' 2-I, 1998. will be read and considered at the public hearm'_.,. If a person decides to appeal any decision made by the Board of Cot, nty Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made. which record includes the tes:imony and evidence upon which the appeal is to be based. ~:OARD OF COL.~TY CO.M.MISSIONERS - OLLIER COU.~TY, FLORID..\ BARBARA B. BERRY, CtIAIRMAN DWIGHT E. BROCK. CLERK By: /s. Ellie Hoifman Deputy Clerk (SEAL) 12t-1 January 15, 1998 Mr. George Varnadoe Young, VanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Public Hearing to Consider Petition CP-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 18, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12A- ORDINANCE NO. 98- AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROVVTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTURAL/RURAL MIXED USE DISTRICT OF THE AGRICULTURAL/RURAL DESIGNATION OF THE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted lhe Collier County Growth Management Plan on January 10, 1989; and WHEREAS, George Varnadoe, of Young, van Assenderp and Varnadoe, P.A., representing DY Associates Joint Venture, contract purchaser, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element of the Growth Management Plan by allowing reallocalion of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI to certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five acres: and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review cn October 23, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to this Future Land Use Element amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board or' County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of lhis Future Land Use Element amendment to the Growth Management Plan on February 24, 1998; and WHEREAS. all applicable substantive and procedura~ requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~.ECTION ONE: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Designation Description Section of the Future Land Use Element of the Growth Management Plan, Agricultural/Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and incorporated herein by reference. ~: SEVERABILITY. If any phrase or portion or' this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statute,~, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution al'firming its effective status, a copy or' which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of February, 1998. A'I-rEST: DWIGHT E. BROCK, CLERK By:, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY CHAIRMAN cP-gT-3 Fidd. C~. Ord, EXHIBIT 'A" Amend the existing Future Land Use Element of the Growth Management Plan to allow the reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI located in the Urban designated area to certain lands added to the Fiddler's Creek PUD located in the Agricullural/Rural designated area, in excess of' one dwelling unit per five acres. The proposed texl change is to the Agricultural/Rural Designation, Paragraph A.I., page LU-I-39, as follows: Paragraph A.1. of the Agricultural/Rural Designation of the Future Land Use Designation Description Section A. Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistrict The purpose of this Subdistrict is lo protect and encourage agricultural activities while providing for Iow density residential use in outlying areas. Residential land uses may be allowed at a maximum density of 1 unit per 5 gross acres. ~_e,_d_[~ the Fiddler's Creek DRI may be reallocated to those p f ' Townshio 51 South. Range 27 East. added to Fiddler's Creek PUD at a density greate_,- than 1 unit oer 5 gross acres orovided that no new units are added to the DRI and Soutl] Florida Water Management District Jurisdictional wetlands impacted by the DRI in si,id Sections do not exceed 10 acre~, Words underlined are additions; Words str'..'c~ through are deletions. NapLes DoiLy Ne~s NapLes, FL 339/.0 Affidavit of Pubticottofl NapLes DoiLy Neus BOARD OF COUNTY COMNZSSZOflERS ATTN: NANCY SALOGU8 PO BOX &13016 NAPLES FL 3&101-3016 REFERENCE: 001230 1111383176491 576&24&l NOTZCE OF PROPOSED C State of Florida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, vho on oath soys that she serves os the Assistant Corporate Secretary of the NapLes DoiLy Nods, · daily r)e~sbaper pubLi~hed et NapLes, in CoLLier County, FLorida: that the attached copy of advertising ual published tn said neusbaper on dates listed. Affiant further says that the said NapLes DaiLy Neus is · neuspaber published at Naples, in said CoLLier Couflty, FLorida, and that the said neuspaper has heretofore been continuously published in sotd Collier County, Florida, each day and has been entered Is second class MiL ·atter et the post office in Naples, in said Co[tier County, Florida, for · period of I year next preceding the first publication of the attached copy of advertisement; end affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, coMissio~ or refund for the purpose of securing this advertisement for publication in the said ne~sbaper. PUBLZSHED ON: 02/18 AD SPACE: 125.000 /NtH FZLED ON: 02/18/98 Signature of Afftar. t S~orn to end Subscribed before me this /.~ day of 12 -1 0110 ORDIXANCES AJ(O PETITX)NS NOTICE OF PROPOSED CHANGF- TO THE FUTURE LANO USE ELEMENT OF THE GROWTH FAANAG~N~,ENT PI. AN The Board of County to ~ ~ foflowlng bY AN ORDINANCE AMENDING THE FU- TURE LAND USE ELEo MENT OF ORDINANCE NUMBER 19-05, A~ENOED, T~ C~-I LIER COUNTY GROWTH MANAGE, MENT PLAN, F~ UNINCORPORATED AREA OF COLLIER COUNTY, FLOR~A, AMENDING THE AGRICULTURAL/ RE~NTIAL TRICT OF THE AGRICULTURAL/ RURA~ · ~IXED U~ DISTRICT OF THE AGRICULTURAL/ RURAL DESIGNATION ~ T~ FUT~E LA~ USE DESIGNATION ~TION ~CTION BY ALLOWING A ALLOCATION OF UN~ECIF~O NUmaR ~ O~LLING UNITS FEO~ THE ~EEK ~1, IN T~ U~BAN COAST* AL FRINGE SUBOIS- RE~NTiA~ ~STRICT ~ T~ URBAH . MIXED U~ , OISTR~T OF T~ BAN DE~GNAT~ TO CERTAIN LANDS A~D TO ~ F~- ~E~"$ CRE~ LOCATED IN THE AGRICULTURAL/ RE~NTIAL TROT, IN EX~ ~ D~LLI~ UNIT ~R F~ ACRES' BY RABILITY' AND BY PROV~IN~ AN EF;EC. TI~ DATE, ~d~e, ~1~ ~ld ~ F~y 24, County Commissioner t ~ R~, ~d FI~, Adml~Is~atlo~ Building, ~eM CeM~ C~e~lvl P~n~ ~ ~i{ ~e ~d: ~l~ w~ ~ ~ LLtER COUNTY, DWIGHT ORDINANCE NO. 98- 1___2 AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTURAL/RURAL MIXED USE DISTRICT OF THE AGRICULTURAL/RURAL DESIGNATION OF THE FUTURE LAND USE DESIGNATION DESCRIPTION SECTION BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD. LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, George Varnadoe, of Young, van Assenderp and Vamadoe, P.A., representing DY Associates Joint Venture, contract purchaser, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element of the Growth Management Plan by allowing reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI to certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on October 23, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to this Future Land Use Element amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS. Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of 12Al ,m4 this Future Land Use Element amendment to the Growth Management Plan on February 24, 1998; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Growth Management Plan, including the following: the Collier County staff report; the Notice of Proposed Change application and Development Orders for the Fiddler's Creek DRI; Ihe Fiddler's Creek PUD rezoning application; the document entitled Collier County Growth Management Plan Amendment (CP-97-3) adding acreage to the Fiddler's Creek DRI, and 13 exhibits attached thereto; the letter dated January 6, 1998, to DCA Bureau Chief Tom Beck, prepared by Young, van Assenderp & Varnadoe, P.A.; the 1997 Market Conditions Study prepared by Fraser & Mohlke Associates, Inc.; the Report from Arthur C. Nelson, Ph.D., ASCE, AICP; and the olher documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on February 5, 1998, and the Collier County Board of County Commissioners held on February 24, 1998; and WHEREAS, all applicable substanlive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~u~: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE ELEMENT Of THE GROVVTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Designation Description Section of ~he Future Land Use Element of the Growth Management Plan, Agricultural/Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and incorporated herein by reference. ~.J~.TJ~_'[YY.~: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ~T~tQ~L.T.J:~: EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, lhis amendment may nevertheless be made effective by adoption of a Resolution affirming its effeclive slatus, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~z~ day of Februa~, 1998. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLJ. J.ER COUNTY, FLO, I~IDA BARiS~ ' B.'B'ERR~,~ '~. ~ CHAIRMAN CP-97-3 Fidd. Crk. Ord. 3 EXHIBIT "A" Amend thc existing Future Land Usc Element of thc Growth Management Plan to allow the reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI located in the Urban designated area to cerlain lands added to the Fiddler's Creek PUD located in thc Agricultural/Rural designated area. in excess of one dwelling unit per five acres. Thc proposed text change is to the Agricultural/Rural Designation, Agricultural/Rural Mixed Use District. Agricultural/Residential Subdistrict, Paragraph A.1., page LU-I-39, as follows: ho Agricultural/Rural - Mixed Use District I. A gricultural/Rcsidential Subdistrict The purpose of Ibis Subdistrict is to protect and encourage agricultural activities while providing for Iow density residential use in m~tlying areas. Residential land uses may be allowed at a maximum density of I unit per 5 gross acres. Existing units approved for thc Fiddler's (.;reek l)Rl may be reallocated to those pans of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, 'l'c)wnship 51 Smith, Range 27 East, at a density greater than I unit per 5 gross acres provided that no ne',,,' units are addc(I to the 6,000 previously approved units, which results in a gross dcns~ty of 1.6 units per acre for the Fiddler's Creek DRI; and fi]rther provided that no residential unils shall be located on that pan of Section 29 within the Fiddler's ('reek DRI~ and fiirthcr provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed I0 acres. Words underlined are additions; Words .....u ,~ ....... ~' are deletions. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-12 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of February, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board 6~ .. ;' "'" County aureen ,.. Deputy Clerk: ,.'.. COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT (CP-97-3) DATA AND ANALYSIS SUPPORTING ADDITION TO THE FIDDLER'S CREEK PUD/DR! TABLE OF CONTENTS Resumes: ....................................................... A Stephen A. Means, P.E ............................................ Stuart W. Miller ................................................ 2 Arthur C. Nelson, Ph.D., ASCE, AICP ................................. 3 Michacl Redd, ASLA/IFLA ........................................ Report prepared by Dr. Arthur C. Nclson ................................... B Table of Approved and Proposed Changes to Fiddler's Creek ..................... C Booklet entitled, Collier County Growth Management Plan Amendment (CP-97-3) Adding Acreage to the Fiddler's Creek DRI ................ D Report on the Stormwater Management and Environmental Plan for the Proposed Fiddler's Creek Addition, prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1998 .................................................. E Letter to J. Thomas Beck, Chief, DCA Bureau of LoCal Planning, dated January 6, 1998 ................................................. F Transcripts of Collier County Planning Commission and Board of County Commissioners Meetings .................................. G Planning Commission Meeting Transcript of May 26, 1988 Board of County Commissioners Meeting Transcript of July 20, 1988 Planning Commission Meeting Transcript of December 22, 1988 Board of County Commissioners Public Workshop Transcript of December 28, 1988 Board of County Commissioners Meeting Transcript of January 4, 1989 Environmental Advisory Board Meeting Transcript of September 3, 1997 Planning Commission Meeting Transcript of October 2, 1997 Board of County Commissioners Meeting Transcript of October 14, 1997 Planning Commission Meeting Transcript of February 5, 1998 The Conservancy of Southwest Florida Position Statement, Fiddler's Creek Growth Management Plan Amendment, dated February 2, 1998 ................... 1t Environmental Assessment, Fiddler's Creek 63.4+ ac. Peninsula Tract, prepared by Southern Biomes, EIS, dated December 2, 1997 .................. I Market-Conditions Study, Chapter for East and South Naples, prepared by Fraser and Mohlke Associates, Inc, dated February 27, 1997. Urban Boundary Study, prepared by the Collier County Growth Planning Department, dated December 9, 1988 I *fiddletsXindcx RESUME OF STEPHEN A. MEANS, P.E. STEPHEN A. MEANS, P.E. VICE PRESIDENT DIRECTOR OF ~VATER RESOURCES Mr. Means is the Director of the Water Resources Division at Wilson Miller. lte is also a Vice President and Principal of the firm. He has over 14 )'ears of experience as a registered civil engineer specializ, ing itt water resources inclttding utilities, water supply, water rettse, hydratdics and surface water hydrology, lte directs the feasibilio', design and permitting of utilities, water supply systems, surface water management .B'stems, attd hydrologic stttdies for private, commercial, and governmental entities, lle also has considerable e.~pcricnce with the master planning, design, and permitting of mixed ttse subdivisions and commercial sites. Mr. Means obtained his bachelor's degree in environmental engineering specializing itt hydrology attd a master's degree in civil engineering .~peciali~ing in groundwater hydrolo,~,:v. PROFESSIONAL EXPERIENCE 1982--Present: Wilson, Miller, Barton & Peek, Inc. Project Manager~Engineer for the Collier County/Goodland Potable Water Pump Station Expansion project which included ground storage tank analysis, pumping expansion, yard piping improvements, and disinfection system improvements Project Manager/Engineer for the Pelican Bay Irrigation Water Pump Station Expansion project which included ground storage analysis, pumping expansion, yard piping improvements, and emergency power expansion. Engineering and surveying for 15 acre lime sludge disposal area for Bonita Springs Utilities. Project manager for site development and permitting at Orangetree. Phase C, Collier County. Water management engineer for Treeline Avenue, the 3.5 mile access road to l:lorida's Gull' Coast University, Lee County, Florida. Project Manager/Engineer of Record for the 2,075 acre Pelican Marsh Community Development District, Collier County for storm drainage, potable water, irrigation water, sanitary sewage, and roadway lighting. Project Manager/Engineer of Record for the 2.100 acre Pelican Bay Improvement District, Collier County. for storm drainage, potable water, irrigation, sanitary sewage, roadway lighting and 1.0 MGD wastewater treatment plant. Designed stormwater pump stations for Hawk'sRidge subdivision, Waterside Market Place, and Forest Lakes Subdivision, Collier County. Prepared stormwater management studies and South Florida Water Management District permit applications for residential and commercial projects including Alico University Village (3,000 acres), Lely Resort (3,000 acres), Grey Oaks (1,200 acres), Pelican Marsh (2,700 acres), Countryside (330 acres), Green Boulevard, Quail Hollow, Marco Marriott, Horr's Island, Key Island, Naples RV Resort, Waterside Marketplace, US 41 Widening. Goodlette Road and Vanderbilt Beach Road. Prepared water supply and reuse plans for Bonita Bay and Pelican Bay. Coordinates water management plans for rezoning purposes. 12A I'"-! Coordinates hydrogeology subconsultants and groundwater management plans for rezoning and DRI purposes. Project Engineer for residential subdivisions in Collier County including Foxfire (330 acres), Countryside (330 acres), Bretonne Park (330 acres), Citrus Gardens (90 acres) and La Peninsula (15 acres). Project Engineer for recreational vehicle parks in Collier County including Naples RV Resort and Kountree Kampinn Kampground. Design and specifications for a 3 MGD wellfield and transmission main for Bonita Bay, Lee County, a 2,600 acre residential subdivision and a 1.0 MGD wellfield, transmission main and master irrigation system for Villages at Country Creek (280 acres), Lee County. a residential subdivision. Prepares numerous computer models of water distribution and sanitary sewage collection systems for residential, commercial and industrial projects ranging in size from five to 2,600 acres. Prepared engineering studies for Development of Regional Impact Applications for Pelican Marsh (2,000 acres), Lely Resort (3,000 acres), Toll Gate Commercial Center and the Port of Fernandina. Prepared design, specifications and permits for sewage treatment plants and effluent disposal facilities ranging in flows from 35,000 to 1,000,000 gallons per day. Expert Witness in hydrology for administrative hearing involving Key Island and Florida Audubon. Provided hydrology work for the Pelican Marsh Cocohatchee Strand Restoration Project. Prepared the surface water management study, plan and permit for Key Island, a coastal barrier island in Collier County. PROFESSIONAL REGISTRATION Professional Engineer, Florida Certificate, # 36844, 1986 EDUCATION Master of Engineering in Civil Engineering, University of Florida. 1982 Bachelor of Science in Environmental Engineering, University of Florida, 1981 PROFESSIONAL ACTIVITIES American Society of Civil Engineers City of Naples Bay Management Organization Advisory Committee, Former Member Collier County Environmental Protection Technical Advisory Board, Former Member Collier County Wellfield Protection Technical Advisory Committee, Former Member Florida Engineering Society National Society of Professional Engineers Naples Gulfshore Rotary, Board of Directors; President Elect, 1997-1998 RESUME OF STUART W. MILLER STUART W. MII,I,ER ENVIRONMENTAL PROJECT MANAGER ),fr. Miller is an environmental team coordittator and project manager at Wilson Miller. With 12 years of experience, he manages and performs environmental permitting for residential and commercial developments, golf courses and roads, lie is responsible for the design and tnamlgement of various wetland restoration projects, lie also oversees and assists in the preparation of protected species assessments, managentent plans, wildlife suta,e)'s, wetland delineations and mitigation monitoring. PROFESSIONAL EXPERIENCE Wetland Resource and Environmental Resource Permitting (State t( Florida Agencies and U.S. Army Corps of Engineers) Cedar Creek, a 250-acre residential project in Bonita Springs (Lee County), including permitting for boardwalk, rip rap stabilization, and road crossings. Bonita Bay Development of Regional Impact (DRI), Lee County, 800 acres in the southeast and northwest areas, including environmental permitting for golf course and residential development along Estero Bay Aquatic Preserve. Other project tasks included wetland impacts, boardwalk crossings, mangrove trimming and shoreline stabilization. Huntington Oaks, Collier County, permitting for vehicular canal crossing. Pelican Landing North Hydro wildlife restoration interconnect, encompassing a 300-acre portion of the Pelican Landing DRI. Permit application completed for residential area, golf course and bridge crossings. Bay Colony at Pelican Landing. Donovan Planned Unit Development (PUD), Collier County. YMCA Expansion, Collier County. Autumn Woods 245 acre residential community, Collier County G-4 Partners 39 acre parcel, Collier County. Wetland Mitigation, Planning, Design and Monitoring Heron Marsh 107-acre freshwater, herbaceous and hardwood mitigation restoration area in Lee County connected to a 60-acre wetland enhancement area to the north. Project includes planning and design, coordination with the earthwork and planting contractor, and mitigation monitoring as required for the Corps of Engineers and the South Florida Water Management District (SFWMD). Bonita Bay wetland enhancement area along 10,000 :t: linear feet of upland and marsh interface. Development and implementation of the restoration/enhancement of the fresh and brackish water wetland of Bonita Bay. Also, master mitigation monitoring for projects within Bonita Bay. Bonita Springs Utilities 2.5-acre freshwater marsh creation area in Bonita Springs. Project included construction management, coordination with the earthwork and planting coordinator and mitigation monitoring for the FDEP. Cedar Creek wetland creation and enhancement areas, including mitigation monitoring for the SFWMD. 12A I Protected Species &trvt9's, Management Plans, attd Gopher 7brtoise Relocations Barron Collier 1.940 acre tract. Collier County. project management for listed species on 1800 + acres. Pelican Sound, Lee County. project management for listed species survey on 545 acres: obtained gopher tortoise relocation permit. The Brooks. Lee County. project management for listed species survey on 2200+ acres. Eco Park. Pelican l.anding, Lee County. Assisted clients with bald eagle and gopher tortoise tnanagement plans. Coordinated with the client and the Florida Game and Freshwater Fish Commission IFGFWFC} regarding thc conservation casement. Bonita Bay. Lee County. listed species: completed report or' the field work and assisted in gopher tortoise take permit and management plan. Cedar Creek. Lee County. listed species: obtaimxl gopher tortoise relocation permit and n',anagcd thc rel~x:adon program. Westclox Road and Carson Drive. Collier County. listed species: obtained gopher tortoise relocation permit and mapped thc scrub jay habitat and negotiated ol'fsite mitigation plan with I.~S[:WS. FGt-q,VFC and Collier County, Collier County Elementary and l're-scht~l site. h'nmokalee, listed species. Golden Gate Ilcalth Park. Collier County. listed species: assisted in management plan for Rcd-Ctx:kaded Wotxlpecker. Bathcy site. Collier County. listed species. Pelican Marsh DRI. Collier County. assisted in gopher tortoise survey and rcltx:ation. Donovan PUD. Collier County, listed species. Pelican Ridge. Collier County, listed species. Marinas attd Dock Permitting Little Harbor, Collier County. Manager of permitting for a nine slip multi-family docking facility. Prepared environmental team for administrative hearing. Bonita Bay Marina, Lee County. Modified existing marina, loading facility and marginal dock. Bonita Bay Community Park, Lee County. Permitting of the canoe launch and associated dock structures. Bonita Bay Marina Isle. Lee County. Permit applications for the reconfiguration of existing docking facilities and the addition of an overwater gazebo/fishing pier. Cedar Creek. Lee County. Permitting lbr the park's canoe launch and fishing pier, and assessment of state and federal permitting for the residential docks. Developments of Regional bnpact IslandWalk, Collier County. Preparation of natural resource-related elements of DRI. The Brooks, Lee County. Preparation of natural resource-related elements of DRI. Vegetative Analysis (FLUCCS Mapping, Ground Truthing and Erotic bnpact Analysis) Vegetation assessments and exotic impact analysis on numerous tracts of land in Collier and Lee Counties. I I I I I I I I I I I I I I I I I I Jurisdictional Delineations Coordinated jurisdictional delineations on numerous tracts in Collier and Lee County. PROFESSIONAL REGISTRATION Florida Class A Certified General Contractor's License. #CGC 07336 Florida Real Estate Broker's License. #0370557 PADI Certification CPR and First Aid Certified EDUCATION Bachelor of Science in Building Science. Auburn University. Auburn. Alabama. 1983 University of Florida Environmental horticulture,classes include: -Identification of Aquatic Plants -Restoration of Aquatic Systems -Nursery Operations Management -Wildlife Issues in a Changing Society Lee County Government Resource and Orientation Workshop Series. 1989 Florida Chamber of Commerce Environmental Permitting Summer School. 1988. 1992. 1993. 1997 Coastal Management Workshops sponsored by Florida Department of Environmental Protection Southwest Florida Water Resources Conference. Improving Wetlands Management. 1993 Attended Seminars offered by the Conservancy on Wildlife Issues Fundamentals of GPS Technology and Its Techniques (University of Florida) PROFESSIONAL ACTIVITIES Florida Association of Environmental Professionals. Southwest Florida Chapter Florida Native Plant Society Lee County -Economic Development Coalition. Board Member. 1988-1989 Collier County Historical and Archaeological Preservation Board. 1992-1995 COMMUNITY ACTIVITIES Assisted with the YMCA Panners With Youth Scholarship Campaign. 1995 Lee County Parks and Recreation Land Steward Volunteer. 1997 Secretary of Deaconate Board and assistant with youth activities. Covenant Presbyterian Church, 1990-1995 Southwest Florida Chapter of Engineering Ministries International (EMI). board member. 1995-1998 RESUME OF ARTHUR C. NELSON, PH.D., ASCE, AICP ARTltUR CtlRISTIAN NELSON, Ph.D., ASCE, AICP Professor of City Planning and Public Policy Georgia Institute of Technology Atlanta, Georgia 30332-0155 President, Growth Management ~4nalysts, Inc. 140 Saddleview Run Atlanla, Georgia 30350 SUMM,.IRY CURRICULUM I,'IT..1 ~lugust 13. 1997 EDUCATION AND CAREER SUMMARY Doctor of Philosophy in Urban Studies specializing in regional science and regional ph, nning. Portland State University, Portland, Oregon, 1984. Practicing professional in management, development policy, and regional economic analysis fi~r federal, state, and local government agencies, businesses, and non-profit corporations. IO72-present. SUMMARY ACADEMIC RECORD Georgia Institute of Technolog¥~ Since 1987 Full professor (through early promotion) of city planning and public policy. Member of faculties in College of Architecture, College of Management, Policy, and International Affairs. and College of Engineering. Current or past chair of Architecture Reappoinment. Tenure and Promotion Committee. Research Committee, and Advisory Committee. Member, Institute Faculty Status and Grievance Committee. Visiting Scholar, Cambridge University, Department of Land Economy, May 1092. Faculty, Lincoln Institute of Land Policy, 1992-. Senior Fellow, National Center for the Revitalization of Central Cities, 1996-97. Teaching responsibilities in growth management, land use planning, planning administration, public finance, urban development finance, planning studio, and economic development. University of New Orleans: 1986 - 1987 Associate professor (through early promotion) of urban and regional affairs. Founding Director, Division of Urban Research and Policy Studies. Founding Coordinator, Graduate Program in Land Development. Teaching responsibilities in urban public policy analysis, urban and regional spatial structure, public works planning and finance, development impact assessment. Kansas State University: 1984 - 1985 Visiting assistant professor, two year contract. Teaching responsibilities in planning administration and implementation, introduction to planning, planning principles, economic and community development, urban and regional economics. PAGE I 1 Arthur Christian Nelson. Ph.D.. ASC[£. AICP Summar?,. Curriculum Vitae August 13. 1907 I I I I I I I I I I I I I I AWARDS AND SPECIAL RECOGNITIONS Instructor of students winning thc American Institute of Certified Planners national student planning project of the year award, 1996. Professional Education Teacher of the Year in Architecture, Georgia Institute of Technology, 1993. Instructor of student winning the Association of Collegiate Schools of Planning national student planning research paper of the year award. 1989. Georgia Institute of Technology Commendation. one of five. for Publications for 1991-1996. Georgia Institute of Technology Commendation, one of five, for Publications for 1996-1991. Early Career Researcher of the Year, University of New Orleans, 1987. Planning Professor of the Year, Kansas State University, 1085. PUBLICATIONS Books and Textbooks Arthur C. Nelson. 1998. ~vtimating Land Use and Facility Need~ and Impacts. Chicago. I1.: American Planning Association. Arthur C. Nelson and James B. Duncan. 1995. Growth Management l'rinciples and Practices. Chicago. IL: American Planning Association. Arthur C. Nelson. 1995. Water, Wastewater, and Stormwater System Development Charges. Boca Raton, FL: CRC and Lewis Publishers. Gerrit J. Knaap and Arthur C. Nelson. 1992. The Regulated Landscape: Lessons of Statewide Planning From Oregon. Cambridge, MA: Lincoln Institute of Land Policy. James C. Nicholas, Arthur C. Nelson, and Julian C. Juergensmeyer. 1991. ,4 Practitioner~ Guide to Development Impact Fees. Chicago, IL: American Planning Association. Arthur C. Nelson, ed. 1988. Development Impact Fees: Theor)', Issues, and Practice. Chicago, I!.: American Planning Association. Monographs of Broad Distribution - 6 total. Book Chapters - 7 total. Refereed Proceedings - 4 total. Final Reports - 39 total. I PAGE 2 II Arthur Chrislian Nelson. Ph.D., ASCIi. AICP Summary. Curriculum Vitae August 13. IOq7 Refereed Articles and Law .Journal Articles - 67 total appearing in 26 journals including: .hmrnal e~ the American Planning Association Land Use Polio, .hmrnal of ttousing Research Lami Economics .]mtrnal of Architecture and l'lun.ing Research Economic Dcn'elopment ~uarterly Earthquake Spectra Economic Develripment ('~lmtnentarv .hmrnal r~ Urban Plannin~ and Dcn'elopment Tran.wortation Re, search Record H~e Urban Lm~3'er Economic Dcn'elopment Review Coastal Managemcnl .hmrnal e~ I'hmning Litcraturc Real Estate Finance .lournal ~ Rural Studies dournal of Planning Education and Research Economic Dcn,elopment Rcn'iew D~e R~iew ~ Regional Studiex Real Estate Isslws Urban Resources Horida Pnlic3' Rca'Jew Die Rural Sociologist Urban Studies Growth and Change .lournal 4 Urban Af~tirs Nonrefereed Articles in Journals of Editorial Review Public Works Environmental Planning Quarterly Carolina Planner Florida Quality Cities Georgia County Government Journal of Antiquated Subdivision Studies Natural Resources .Iournal PAGE 3 Arthur Christian Nelson. Ph D, AS('!!. AI('P SumrnaD, Cur~iculurn Vitae August 13. 1097 NOTABLE ACHIEVEMENTS OF STUDENTS Planning Studio Class, 1996 winners of the Student Project ~fthe Yc'ar award given by thc American lnstititutc of Certified Planners. Judy S. Davis. Co-author of"Exurbanization and Planning Policy Implications." Portion of doctoral dissertation published in .hmrmd t!f the American l'hmni,g /I.¥s,ciation. 1992. Shigeo Ogawa. Co-author of "Behavior and Attitudes of Japanese Investors in the Atlanta Region." Masters thesis published in Ecortomic Dcn,elopment Review. I091. Richard Crim and Christopher Johnston. Commendation for outstanding student project award, Georgia Planning Association, 1990. Kcvin McMecn. Winner of student project competition, Georgia Planning Association, 1900. Kevin McMeen. National finalist for the Urban Land Institute Fellowship. 1989. Janice Talley. Co-author of "Historic District Designation and Minority Commercial Revitalization," masters thesis published in ,]ournal of Urban A. ffitirs. 1991. Susan J. McCleskey. Co-author of "Price Effects of Non-nodal Transit Stations on Residential I,and Value in Atlanta." Masters thesis presented to the 1990 Transportation Research Board and published in the re£ereed section of Transportation Research Record. 1990. Fitterman, Stan F. Recipient of McClure Prize by the Association of Collegiate Schools of Planning, 1989. Paper also contributed to Bill Dedman's receipt of the 1988 Pulitzer Prize. Elizabeth Sanford. Co-author of"lntegrated Solid Waste Planning in Around the Comer,' Public I5'orks, September 1989. Philip Cosson. Co-author of "Speculative Industrial Buildings in Georgia." Masters thesis published in Economic Development Review. 1989. SCHOLARLY AND PROFESSIONAL PRESENTATIONS Commissioned Lectures - 26 total. Scholarly Papers and Presentations -61 total. Commissioned Professional Planning Workshops - I1 total. Continuing Education Courses Administered -32 total. PAOE 4 Arthur Christian Nelson, Ph.D., ASCF., AICP Summary Curriculum Vitae August 13. FUNDED AWARDS AND CONTRACTS - 25 total exceeding Sl.5 million in value such as: National Science Foundation U.S. Department of ltousing and Urban Dta'c, lopment U.S. Department of Transportation, Fedcral Transit Administration U.S. Department of Commerce, Ectmomic Development Administration U.K. Department of the Em'ironment Environmental Protection Agency National Academy of Sciences Urban Land Institute American Planning Association Federal National Mortgage Association ['arious cities, counties, and state agencies throughout Georgia APPOINTMENTS BY AND CONTRIBUTIONS TOSCltOLARLY AND POPULAR MEDIA Journal Recognitions and Distinctions Planners Notebook Editor. Journal of the American Planning Association. Contributing editor, dournal of the American Planning Association. Guest editor..lournal of the American Planning Association. Associate Editor..Journal of Urban Affairs. Editorial and Reviewer Work for Technical Journals and Texlbook Publishers Journal of the American Planning Association Land Economics Urban Resources Journal of Urban Affairs Journal of Planning Education and Research Growth and Change International Regional Science Review Public Administration Review Journal of Rural Studies Policy Studies Review Economic Development Quarterly Professional Geographer Westview Press Urban Land Institute University of Illinois Press Brookings Institute Lincoln Institute of Land Policy Island Press PAGE Arthur Christian Nelson. Ph D. ASCE. AICP Summao ('urricolum Vitae August 13. 1997 Quoted in Such Maior Print Media As The Atlanta dournaI-Ccmstittttion The Boston Globe The Kansas City Star .The New Yor~ ~'mc'.¥ The San dose Mercu~ The Wall Street .]tntrnal Technical Backllround Information l'rovided lo National Public P, adio CNN, the Cable News Network PROFESSIONAL SERVICE SUMMARY Full Member by Professional Qualification: American Institute of Certified Planners (AICP), Charter Member. 1978-present. American Society of Civil Engineers (ASCE), 1986-present Member~ Current or Recent: American Agricultural Economics Associatiop. American Economics Association. American Planning Association, Charter Member. American Real Estate and Urban Economics Association. American Society for Public Administration. Association of American Geographers. Association o£ Public Data Users. National Academy of Sciences. National Research Council. Regional Science Association. Urban Affairs Association. Urban Land Institute. World Congress on Transportation Research. Offices and Appointments Socioeconomic Impacts Committee, Transportation Research Board, National Academy of Sciences. Vice President for Professional Development, Georgia Planning Association. Member, Education Committee, Urban Planning and Development Division, ASCE. Membership and Finance Committees, Urban Affairs Association. Member, Advisory Board, Growth Management Institute. PAGF. 6 Arthur Christian Nelsonl Ph I).. A.~CI'. AICI' Summa~.' Curriculum Vitae August 13. 19q? PROFESSIONAL PRACTICE Partial List of Advising Engagements - Compensated and Pro Bono Publico U.S. Department National Science U.S. Department IJ.S. Department U.S. Department of Ilousing and Urban Development Foundation of I lousing and Urban Development of Transportation, Federal Transit Administration of Commerce, Economic Development Administration tJ.K. Department of the F. nvironmcnt Environmental Protection Agency National Academy of Sciences Urban Land Institute American Planning Association Federal National Mortgage Association Governor, Slate of Georgia Department of Community Affairs. Florida Department of Community Affairs. Georgia Department of Land Conservation and Development, Oregon Department of Transportation, Washington State State Bar Association. State of South Carolina City of Sacramento, California City of Virginia Beach, Virginia State Legislatures of California. Oregon. Washington. North Carolina. Georgia. Virginia. Florida, Vermont. Maine Hawaii County, Hawaii Georgia counties of DeKalb, Fulton, Cobb, Barrow, Muscogee. llall Georgia cities of Atlanta, Roswell, AIpharetta. Gainesville, Hahira. Columbus. Sandersville. Warner Robbins City of New Orleans, Louisiana Port of New Orleans. Louisiana City of Kenner. Louisiana Department of Commerce. State of Louisiana City of Manhattan and Riley County. Kansas Economic Development Department, State of Kansas ~ Oregon counties of Columbia, Washington, Lincoln. CurD' Oregon cities of Portland. Redmond. Scappoose Columbia River Peoples Utility District, Oregon Community Action Team. Columbia County, Oregon Housing Development Corporation of Washington County, Oregon PAGE 7 P~SUME OF MICHAEL P~EDD, ASLA/IFLA MICHAEL T. REDD, ASLA/IFLA - PRESIDENT SPECIALIZED EXPERTISE: PROFESSIONAL REGISTRATION: EDUCATION: PROFESSIONAL MEMBERSHIPS: Thirty years of Private Practice in Planning and Landscape Architecture/Golf Course Community Master Planning/Park and Recreational Design/ Resort Design/Real Estate Development/City and New Town Planning. Registered Landscape Architect, States of Florida, North Carolina and Texas. State of Florida, #343 Bachelor of Landscape Architecture, University of Georgia with Honors; Post Graduate Work, Graduate School of Design, Harvard University, University of Virginia. American Society of Landscape Architects, American Planning Association, Urban Land Institute, International Federation of Landscape Architecture (Federation Internationale des Architectes Paysagistes), Development Infrastructure Service Council (DISC) of the Urban Land Institute. PROFESSIONAL EXPERIENCE: Mr. Redd has thirty years of progressively more responsible experience within his area of expertise. This encompasses in-depth experience in all facets of land use planning and site design; including physical, economic, social and political implications. His comprehensive background in the community development process, land use analysis and environmental impact planning has permitted him to assist clients in the smooth processing of permits through permitting agencies of all types. Thoroughness of research, and adeptness at publicly presenting recommendations has been an important contribution to the success of his clients' projects. As director of operations for an international Real Estate development company, he participated in the planning, design, and development of several billion dollar resort developments. Beginning his career with a nationally recognized planning firm, he was involved in resort projects in Venezuela, Yugoslavia, Puerto Rico, as well as being design captain for the Organization of American States (OAS) World Headquarters project in Washington D.C. Page 1 of 2 W;~A, RK'TIN G~BOOKLETS~,c~ E SUM ES~esume-Mlchael.do~ MICHAEL T. REDD, ASLA/IFLA - PRESIDENT .1.2Al ',, PROFESSIONAL EXPERIENCE CONTINUED: Active within his profession, he is called upon as a lecturer and guest speaker at the universities of Virginia, Georgia, and Florida; for professional groups and, as a writer, has been published by the prestigious Urban Land Institute and other national periodicals. He has served in various capacities on numerous professional planning and design organizations as well as in the role of Consultant for' governmental agencies orm a local, stste, and national level. His Master Plan Communities have been featured in major national publications including Golf Digest, Professional Builder, Money, Urban Land Institute and major newspapers. He sits on the distinguished Development Infrastructure' Council of the Urban Land Institute and in 1987 was honored by the Landscape Architecture Foundation in Washington D.C. He was on the Task Force for Residential Streets publication. PUBLICATIONS: He has served on the Editorial Board for the Urban Land Institute's book, Residential Streets, and published articles for U.L.I., and Landscape Architect Magazines. He was on the Editorial Task Force publishing the U.L.I. book, Residential Streets, and is currently writing a reference book on Land Planning. Page 2 of 2 W:WIARKTING~BOOKLETS~=~ESUMES~Resume-Michael,doc Data and Analysis of Urban Sprawl FIDDLER'S CREEK DR! AMENDIVlENT AND AMENDMENT TO THE COLLIER COUNTY COMPREHENSIVE PLAN Prepared by Growth Management Analysts Arthur C. Nelson, Ph.D., ASCE, AICP February 19, 1998 TABLE OF CONTENTS CONTENTS Executive Summary ............................................. Introduction .................................................. 3 Florida Wildlife Federation Objections ................................ Protection and Conservation of Natural Resources ....................... Maximizing Use of Existing Public Facilities and Services .................. Maximizing Use of Future Public Facilities and Services ................... Costly Services ............................................ Clearly Separating Urban and Rural Land Uses ........................ Loss of Functional Open Space .................................. Professional Opinion ........................................... 9J-5.006(5)(g) ............................................. Florida DCA Concerns ..................................... Florida Wildlife Federation Concerns ............................. 9J-5.006(5)0c) .................... - ......................... Summary Conclusion ........................................ Summary Credentials ........................................... Florida DCA Urban Sprawl Objections ................................ Single Use in Excess of Need ................................... Uses needed to support PUD/DRI tenants .......................... Need to relocate development approved for the "peninsula" . .............. Reducing excess capacity in the Growth Management Plan ............... Functional Mix ............................................ The provision of needed public facilities ........................... Provision of recreational services ............................... Provision of commercial activities ............................... Accessibility .............................................. Conditions Affecting the Subject Site .................................. 4 Current Land Use Designations of the Subject Site ....................... 4 Alternative Land Uses if Amended PUD/DRI is Denied .................... 7 TABLES Table 1. Table 2. Table 3. Table 4. Table 5. Table 6. Table 7. Table 8. Table 9. Table I0. Table 11. Table 12. FIGURES Figure 1. Figure 2. Figure 3. Figure 4. Figure 5. Figure 6. TABLE OF CONTENTS Development Capacity of Approved, Future Land Use Element Unincorporated Collier County ............................... 6 Development Land Use Allocations ' Fiddler's Creek PUD/DRI With and Without the Subject Site ........... 10 Reduction in Excess Capacity of Collier County Growth Management Plan ....................... 14 Optimum Attractive and Functional Mix With Respect to Golf and Tennis .... 18 Optimum Attractive and Functional Mix of Commercial Space Requirements for Fiddler's Creek ..................................... 19 Comparing Commercial Space of Approved and Amended PUD/DRI ....... 20 Comparing Accessibility to Commercial and Recreational Centers Between the Approved and Amended PUD/DRI ................... 24 Efficiency in Providing Public Facilities and Services ................ 28 Land Uses Existing and Approved Adjacent to and Within One-Italf Mile of Subject Site .......................................... 28 Efficiency in Providing Public Facilities and Services ................ 31 Comparing Amended Fiddler's Cre~k PUD/DRI With Alternative Conditions.. 33 Comparing Amended Fiddler's Creek PUD/DRI With Alternative Conditions in Terms of Urban Sprawl Indicators .......................... 34 Subject Site in Relation to Fiddler's Creek DRI ..................... 5 Subject Site in Relation to Approved Developments ................... 8 Peninsula Site in Relation to State-Owned Functional Open Space ......... 13 Location of Public Facilities and Services Within and in the Vicinity of Fiddler's Creek PUD/DRI ................................. 16 Areas Within One-Half Mile (10 Minutes Walking) to Edge of Commercial and Recreational Facilities Within Current Fiddler's Creek PUD/DRI ...... 22 Areas Within One-Half Mile (10 Minutes Walking) to Edge of Commercial and Recreational Facilities Within Amended Fiddler's Creek PUD/DRI ..... 23 EXECUTIVE SUMMARY The Fiddler's Creek Planned Unit Development and Development of Regional Impact (PUD/DRI) has an opportunity to expand eastward into 1,385 acres of land. Most of the land comprising the subject site will be used as functional open spaces. The additional land will enable the PUD/DRI to meet more of the demand for golf, tennis, and recreational facilities it creates. It will also allow the relocation of residential development away from an area surrounded by state-owned functional open space known as the "peninsula." Without the proposed comprehensive plan amendment, the alternative use of the subject site is likely to be a subdivision of 277 lots averaging five acres. Agriculture is not likely to continue because of surrounding urban land uses. Because the developer does not need the land for additional residential density, the amended PUD/DRI will be restricted to the 6,000 residential units for which it is already approved. This report uses data and analysis to determine whether the amended PUD/DRI encourages the proliferation of urban sprawl based on nine of the urban sprawl indicators contained in Chapter 9J-5, FAC. (The remaining four urban sprawl indicators are not relevant to, or raised by, the proposed amendment.) Relative to alternative uses and considering the needs that the amended PUD/DRI can meet, the opinion drawn based on data and analysis is that the amended PUD/DRI does not: Promote, allow or designate for development a substantial area of the jurisdiction to develop as low-intensity, Iow-density, or single-use development or uses in excess of demonstrated need. (9J-5.006(5)(g) 1 .) Result in the premature or poorly planned i:onversion of rural land to other uses, or fail to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. (9J-5.006(5)(g)4.) Fail to maximize use of existing public facilities and services. (9.1-5.006(5)(g)6.) Fail to maximize use of future public facilities and services. (9J-5.006(5)(g).) Allow for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. (9J-5.006(5)(g)8.) Growth Management Analysts, Inc. Fiddler's Creek PUD/DR! I · Fail to provide a clear separation between rural and urban land uses. (9J- 5.00~(.~)(g)9.) · Fail to encourage an attractive and functional mix of uses. (9J-5.006(5)(g)l I.) · Result in poor accessibility among linked or related land uses. (9J-5.006(5)(g)12.) · Result in the loss of significant amounts of functional open space. (9J-5.006(5)(g)13.) Based on analysis of available data, the expert opinion drawn is that the amended Fiddler's Creek PUD/DRI does not constitute urban sprawl, does not encourage the proliferation of urban sprawl (9]-5.006(5)(g)), and does not exacerbate any urban sprawl conditions which may be present in the Collier County Growth Management Plan (9J-5.006(5)(k).) Growth ~anagement fiddler's C~eek PUD/DRI February 19, 1998 2 INTRODUCTION DY Associates Joint Venture has formally petitioned the Collier County Planning Commission and Board of Commissioners to add 1,385 acres of land situated in Sections 18, 19, and 29, Township 51 South, Range 27 east (the "subject site"), to the Marco Shores/Fiddler's Creek Planned Unit Development (PUD) and Development of Regional Impact (DRI). The current PUD/DRI is permitted for 6,000 residential units, 325,000 square feet of commercial space in two locations (along SR 951 at the western entrance and at the westernmost entrance along US 41), two golf courses in addition to the Marco Island Marriott Golf Club (hereinafter called the Marriott course), associated recreational amenit, ies, and open spaces encompassing 2,379 acres. Although most of the land added to the PUD/DRI will be placed into functional open spaces, the additional land will enable it to meet more of the demand for golf, tennis, and recreational facilities it creates. The amended PUD/DRI will encompass 3,764 acres. In addition, approved residential development of 63 acres of land in an area known as the "peninsula" will be shifted to the subject site. A conservation easement will be applied to the peninsula to assure its preservation as functional open space. This provision assures that urban development will not intrude into state owned wetlands and sensitive habitats. (The peninsula was the only area proposed for development that intruded into state owned wetlands and did not have a clearly defined buffer between development and preservation areas.) Conservation of the peninsula in this manner is not possible without expansion of the PUD/DRI into the subject site. This report evaluates the consistency of the amended PUD/DRI with the "urban sprawl rule" found in 9J-5.006(5)(g) and (k), Florida Administrative Code (FAC). This is done in tw6 sections. The first addresses concerns raised by the Florida Department of Community ' Affairs (FDCA) in its Objections, Recommendations and Comments (ORC) report for Amendment 98-D1, dated December 19, 1997. The second addresses additional concerns raised by the Florida Wildlife Federation (FWF) in testimony before the Collier County Board of County Commissioners on October 14, 1997, and in correspondence to the FDCA dated November 14, 1997.: This report begins with background information and assessment of conditions if the amended PUD/DRI is denied. The report then evaluates the amended PUD/DRI in terms of urban sprawl indicators. The report concludes with the opinion that the amended PUD/DRI is consistent with 9J-5.006(g),(k), FAC. ~ Additional correspondence by the Collier County Audubon Society to the Collier County Board of Commissioners dated October 14, 1997, was nonspecific as to urban sprawl concerns and its intent in objecting based on urban sprawl would seem to be similar to those raised by the FDCA and the FWF. Grow~ ~4anagement Analysts Fiddler's Creek I~UD/DRI February 19, 1998 m I m I I I I I I m 12A! CONDITIONS AFFECTING TItE SUBJECT SITE The central issue involved in this case is the efficacy of expanding an approved PUD/DRI into an area presently used for agriculture relative to denying the amendment. (See Figure 1.) This is done by (1) assessing the efficacy of current land use designations affecting the subject site and (2) identifying alternative uses to the subject site if it is not added to the PUD/DRI. This information is used in the following sections to help determine the consistency of the amended PUD/DRI with 9J-5.006(5)(g),(k), FAC. Current Land Use Designations of the Subject Site Before the current Collier County Growth Management Plan was adopted in 1989, the subject site was within the urban boundary. During its planning process in the late 1980s, Collier County planners expressed some uncertainty as to the appropriate designation for the subject site. It is in an area known as the southeastern "tail" because it constituted a narrow ribbon of development on both sides of US 41 extending roughly three miles westward of Collier Seminole State Park. One problem was that the County had already approved a development with urban densities between the state park and the subject site, and between the state park and Fiddler's Creek (which is immediately west of the subject site). Yet, to . designate the subject site for urban development would be to potentially exacerbate the problem that the capacity of the land designated for urban development already exceeds the need for urban development over the normal twenty year planning horizon. Table I shows that the Future Land Use Element approved by the Florida Department of Community Affairs provides for 2.228 times the dwelling units needed to be accommodated by 2015. FDCA Technical Memo volume 4, number 4, suggests that over a twenty year planning horizon, the residential development capacity "multiplier" should be about 1.25. Given its excess capacity, the County was correct in its condem about adding the subject site to the urban land inventory. The subject site was thus changed from urban to rural agriculture. Alternative Land Uses if Amended PUD/DRI is Denied The Collier County Land Development Code allows for a wide range of agricultural activities in the RA district and two kinds of residential activities: five acre homesites (Section 2.2.2.2.1.) and farm labor housing of up to twenty units per acre (Section 2.6.26.). If the amended PUD/DRI is denied, the question naturally becomes one of what the subject site will be used for in the long term. Would it be for agriculture, functional open space, or homesites? The answer is largely dictated by current land use designations and surrounding land uses. Growth I~anagement Flddlet's Creek eUDIDRI February t9, t998 4 ~.~ i i III Il II I I III I FIGURE 1 Subject Site In Relation to Fiddler's Creek DRI PAHSION AREA Gr~ I~lanagement iqdd~er's Creek PUD/DR! Febnzary 8, 1998 I I I I I I I I I ! I I I I I I I I Growth IManagement TABLE I Development Capacity of Approved Future Land Use Element Unincorporated Collier County Consideration Figure 1987 Actual (FLUE p. LU-II-186) Countywide Dwelling Units 66,931 Naples Dwelling Units 13,134 Unincorporated Dwelling Units 53,797 2015 Needs (FLUE p. LU-II-186) Countywide Dwelling Units 167,628 Naples Dwelling Units 14,190 Unincorporated Dwelling Units 153,438 Unincorporated Capacity Dwelling Units (FLUE p. LU-II-170) Capacity 341,839 Capacity in Excess of Need 188,401 fiddler's Creek PUD/DR] February ! 9, ! 998 Alternative Land Uses if Amended PUD/DRI is Denied Thc Collier County Land Development Code allows for a wide range of agricultural activities in the RA district and two kinds of residential activities: five acre homesites (Section 2.2.2.2.1.) and farm labor housing (Section 2.6..26.). If the amended PUD/DRI is denied, the question naturally becomes one of what the subject site will be used for in the long term. Would it be for agriculture, functional open space, or homesites? The answer is largely dictated by current land usc designations and surrounding land uses. The subject site is bounded by urban uses on its wcstcrn, northern, and castcrn boundarics. To the west is Fiddler's Creek DRI. To the north is a series of approved developments allowing for commercial, industrial, and several hundred residential units (including travel~ homes and recreational vehicles). To the east are several manufactured home parks and a planned unit development collectively providing another several hundred residential units. The Collier County Planning Services Department estimates that more than 1,500 dwelling units are currently permitted on sites adjacent to or near the subject site outside the County's current urban boundary (sec Staff Report from Planning Services Department to Collier County Planning Commission dated January 14, 1998, regarding CP-97-3). The subject site is thus substantially surrounded by urban development (sec Figure 2). This presents problems for the continuation of agriculture. This expert has written extensively on the impacts of urban residents on farmers (see "Preserving Prime Farmland in the Face of Urbanization," Journal of the American Planning Association, 1992, The Regulated Landscape published by Lincoln Institute of Land Policy, 1992, and Growth Managenlent Principles and Practices published by the American Planning Association). In review, urban residents inhibit and often eliminate productive agriculture by protesting against the use of chemicals (fertilizers, pesticides, and herbicides), regulating the use of slow moving vehicles, restricting operating hours and operations that generate nuisances (such as odors, noises, and glare), allowing pets to roam freely, helping themselves to produce, and using farmland for recreational purposes. These negative impacts ar~' observed up to three miles from urban development. Considering its location and surrounding land uses already approved, the subject site is highly unlikely to be used for productive agriculture in the long term. What will replace agricultural activities On the subject site? Current zoning allows for five acre lots. Zoning also allows for several hundred farm labor housing units and recreational vehicle spaces as conditional uses. The most likely use, however, is for development into a subdivision of five acre lots. From a professional planning perspective, such development would be considered the quintessential form of urban sprawl (see Florida DCA Technical Memo volume 4, number 4, and 9J-5.006(5)(g)l.), even though it is allowed outright. This is unfortunate for two reasons. First, the County already has more than enough supply to meet the demand for homes so subdivision of this site into additional homes exacerbates current conditions. Second, a subdivision composed of five acre lots covering 1,385 acres of land makes for costly provision of urban facilities and services, reduces functional open. spaces, and pushes urban development into areas important for their natural resource uses. Growth ~anagement Hddleta$ Creek PUD/DR] Februar/19, ! 998 7 I I I I I I I I I I I I I I I FIGURE 2 Subject Site In Relation to Approved Developments Outside Urban Boundary Subject Si. te Subject Site I I ! Growth ~4a~gement Fiddler's Creek PUD/DR/ February 8, 1998 m Denial of the Fiddler's Creek PUD/DRI amendment will likely lead to the subject site being developed as a subdivision of five acre lots. From a professional planning perspective, all 1,385 acres may be considered "developed" since the entire area would need to be sprayed for mosquito control, provided with roads, and provided some degree of urban services. The alternative to the amended PUD/DRI is thus 2,436 acres of developed land (1,051 acres within the current PUD/DRI and 1,385 acres on the subject site). Suppose, however, that developers of the subject site proposed to incorporate modem "rural clustering" principles, consistent with the County's interpretation that planned unit devclopments are appropriate for rural/agricultural areas.2 In Rural by Design (American Planning Association 1994), Randall Arendt analyzes rural cluster subdivisions throughout the nation. Farmcolony outside of Charlottesville, Virginia is cited as one of the few examples of good clustering that includes farming and functional open space clements. Details of Farmcolony development are reported by the Urban I.and Institute in its Project Reference File (Volume 22, Number 19, October-December 1992). Using the Farmcolony template, development of the subject site would have homesites averaging 1.875 acres with another ten percent added for roads. "Best practices" development of the subject site would thus result in 276 residential units and associated roads consuming about 570 acres, perhaps up to about 350 acres of farming subsidized by Farmcolony residents through its homeowners' association (as provided in Farmcolony), and about 365 acres in open space2 Table 2 compares development parameters of (a) the current PUD/DRI and the best practices configuration of development on the subject site, this is called the "alternative" to the PUD/DRI amendment, and (b) expansion of the Fiddler's Creek PUD/DRI into the subject site. The following conclusions are made: · Gross density of the amended PUD/DRI (1.59 units/acre) is lower than the alternative (1.67 units/acre) Net developed land density (residential units divided by developed land) of the PUD/DRI (4.45 units/acre) is higher than the alternative (3.87 units/acre). Net developed residential land density (residential units divided by residential land) of the PUD/DRI (5.52 units/acre) is higher than the alternative (4.49 units/acre). 2 This expert understands that the Twin Eagles Planned Unit Development for similarly zoned land proposed the use of such modern clustering principles only to face opposition. Because of opposition that threatened to delay implementation of the PUD, the developer has apparently requested Collier County to rescind the PUD and go back to the original zoning which allows one dwelling unit per five acres with no clustering. The 277th and last homesite would be that assigned for the farming and open space uses. Growth Management Analysts Fiddler's Creek PUD/DRI February 19, 1998 9 I I TABLE 2 Developed Land Use Allocations Fiddler's Creek PUD/DRI With and Without the Subject Site I I I I I I I I Consideration Total land area, acres Residential units Developed land, acres Residential~ Business Schools Community facilities Roads inside DRI Total Comparative Parameters Gross density (units/total land) Net developed density (units/developed land) Net residential density (units/residential land) Fiddler's Creek PUD/DRI 2,379 6,000 "Beast Practice" Development of Subject Site 1,385 277 Totals Based on Alternative 3,764 ...... ~.,.237_. Amended PUD/DRI 3,764 882 34 12 6 117 1,051 2.52 5.71 6.80 517 0 0 0 52 569 0.20 0.49 0.53 1,399 34 12 6 169 1,620 1.67 3.87 4.49 1,107 34 12 190 1,349 1.59 4.45 5.42 I I I I I Notes Subject site figures based on 1.875 acres average per homesite for 276 homesites plus ten percent for road area, with one homesite (the 277th) set aside for subsidized farming and open space. Figures adapted from Rural by Design published by the American Planning Association and Project Reference File of the Urban Land Institute. Onsite water and wastewater provision is assumed. Growth F~anagement fiddler's Creek PUD/DR] February 19, 1998 lO II FLORIDA DCA URBAN SPRAWL OBJECTIONS In its Objections, Recommendations and Comments (ORC) report on Collier County's Amendment 98-D1, dated December 19, 1997 The Florida Department of Community Affairs posed the following objection: The proposed atnendments fails to demonstrate through data and analysis that it would not constitute urban sprawl by not promoting, allowing or designating single use development in excess ~ need. Additionally, the amendment results in poor accessibility among linked or related uses and the amendment does not encourages (si_jO an attractive and functional mix of uses. Specifically, the relationship of non-residential land uses proximate to the residential to (sic) service the residential uses. [Section I63.3177(6), and (8), Rules 9J-5.005(2), 9J-5.006(3)(b)8., (5)(g)l, 11 and 12).] (Emphasis added.) The ORC report included the following recommendation: Demonstrate through the provision of data and analysis that the amendment discourages the proliferation of urban sprawl by not promoting, allowing or designating single use development in excess of need. /Idditionally demonstrate that it does not result in poor accessibility among linked or related uses and that the antendment encourages an attractive and functional mix of uses. (Emphasis added.) The FDCA recommendations calling for data and analysis fall neatly into three categories: Promoting, allowing or designating single .use development in excess of need. (9J- 5.006(5)(g)1.) This is called the single use development in excess of need urban sprawl concept. Resulting in poor accessibility among linked or related uses. (9J-5.006(5)(g)l 1.) This is called the accessibility urban sprawl concept. Not encouraging an attractive and functional mix of uses. (9J-5.006(5)(g)12.) Thisiis called the fitnctional mix urban sprawl concept. Growth t4anagement Fiddler's Creek PUD/DR! Febrt~ry 19, 1998 I I I I Single Use in Excess of Need This issue is addressed in three parts: (1) uses needed to support PUD/DRI tenants; (2) the need to relocate development approved for the "peninsula"; and (3) reducing excess capacity in the Growth Management Plan. Uses needed to support PUD/DRI tenants. Based upon the 6,000 approved residential units, Fiddler's Creek PUD/DRI generates a demand for four golf courses, 23 tennis courts, and 420,000 square feet of commercial space (including retail and service space associated with full-service recreational facilities). The current PUD/DRI provides three golf courses (including the Marriott course located within its boundaries), 12 tennis courts, and about 85 percent of its commercial and associated recreational facility needs. As a consequence of the amendment, the PUD/DRI will provide all four golf courses needed (including the Marriott course), all 23 tennis courts needed (with one extra court for a total of 24), and nearly 95 percent of the commercial and associated recreational space needed to support PUD/DRI tenants. (See Functional Mix below.) Need to relocate development approved for the "peninsula". The developer of Fiddler's Creek PUD/DRI has offered to place a conservation easement over the "peninsula' for functional open space purposes. The peninsula is an isolated development area occupying the southernmost area of the PUD/DRI (see Figure 3). It is completely surrounded by state- owned land. The peninsula is approved to accommodate up to 700 dwelling units. In many ways, it is one of the most coveted locations for development value because it is an upland area surrounded by state-owned wetlands, and enjoys expansive views of lowland coastal areas to the south. Although approved and possessing legally binding development rights, the peninsula per se may be characterized as a form of urban sprawl...In light of the urban sprawl rule, it presents problems because of its isolation (9I-5.005(g)3.), potential impact on surrounding rural and open land (9]'-5.005(g)4., 9., 13.), and distance from planned public facilities and community centers (9;-5.005(g)8., 12.). Removing peninsula development from the PUD/DRI thus reduces the presence of urban sprawl in the County as a whole. The loss of the up to 700 units planned for the peninsula needs to be compensated elsewhere, however, but the question is where. There is no place within the remaining DRI area in which to absorb those units. One alternative is the subject site, which is located adjacent to Fiddler's Creek's eastern boundary. Growth l~lanagement fiddler's Creek PUD/DIal February ! 9, ! 998 12 FIGURE 3 Peninsula Site in Relation to State-Owned Functional Open Space ~T Grow~ l~aflagement Fiddler's Creek PUD/DRI February 8, 1998 J3 Reducing excess capacity in the Growth Management Plan. The Future Land Use Element (FLUE) of the Collier County Growth Management Plan approved by the FDCA has the capacity to accommodate 341,839 dwelling units (see Table 1). The projected number of dwelling units needed by 2015 is 167,628. There is thus capacity for 2.228 times the dwelling units needed to be accommodated by 2015. FDCA Technical Memo volume 4, number 4, suggests that over a twenty year planning horizon, the residential development capacity "multiplier" should be about 1.25. By expanding the PUD/DRI into the subject site but not changing the total number of dwelling units to be built, the amended PUD/DRI reduces slightly the current Plan's excess dwelling unit capacity, from a multiplier of 2.228 to 2.226. This is illustrated in Table 3. TABLE 3 Reduction in Excess Capacity of Collier County Growth Management Plan Consideration Figure Current Plan 2015 Dwelling Units, Unincorporated~ 153,438 Plan Capacity, Unincorporated2 341,839 Multiplier 2.228 Amended Plan " 2015 Dwelling Units, Unincorporated~ 153,438 Plan Capacity, Unincorporated3 341,559 Multiplier 2.226 Notes 1. FLUE p. LU-II-186 2. FLUE p. LU-II-170 Planned capacity less 277 units allowed on the subject site. Growth Hanagement ~nal~u Fiddler's Creek PUD/DRI February 19, 1998 14 Functional Mix The larger the development, the more its land use demands should be internalized. Very large developments, perhaps involving tens of thousands of housing units, should be designed to provide the full range of employment, personal, and public services to residents. Small projects should be integrated with other projects to create the critical mass necessary to support land uses and facilities needed to support them. At 6,000 residential units, the Fiddler's Creek PUD/DRI falls somewhere in the middle of those extremes. It should provide a reasonably broad range of services to its residents, but it cannot be expected to provide the full range. Considering its scale, what would be an attractive and functional mix of uses provided either onsite or nearby? In economic geography, attractiveness means people will be drawn to ~ something they need, such as a grocery store. In planning, functional mix means two or more land uses that function together, such as convenience stores and recreation opportunities that are an integral part of a master planned community. Three areas of attractive and functional mixes of land uses are appropriately addressed here: (1) the provision of needed public facilities; (2) the provision of needed recreational services; and (3) the provision of needed commercial and recreation-related services. The provision of needed public facilities. Both the PUD/DRI and the subject site are located within the Collier County Water/Sewer District, and the PUD/DRI will install and maintain all water, wastewater, and stormwater infrastructure within its boundaries. On land dedicated by the PUD/DRI to public agencies and on other land owned by agencies adjacent to the PUD/DRI, the PUD/DRI has direct access to existing or planned elementary and middle schools, a fire station, a sheriff's subs.ta, tion, emergency medical services, a library, and a regional park. All those services are provided in an area shown on Figure 4. Because those services are provided along a major highway that intersects with the northernmost entrance to the DR.I, which in turn is the approximate center of both the approved and amended DRI, and because the amended PUD/DRI does not increase the demand for such services over and above that which is already approved, the conclusion is that insofar as public facilities and services are concerned the amended PUD/DRI provides an attractive and functional mix of uses. Gro,,~h I~na~ement Analysu Flddier's Creek PUD/DRi February 19, 1998 I$ FIGURE 4 Location of Public Facilities and Services Within and in the Vicinity of Fiddler's Creek PUD/DRI and the Expansion Area ~.~ '~ School Sites '~ Regional Park ~. =~ Sherri f's Fire Site Substation, Site A ,~ AC. ii ~T Grm~d~ blanagement Fiddler's Creek PUD/DRI February 19, ! 998 16 Provision of recreational services. Developments the size of Fiddler's Creek PUD/DRI' should provide an attractive and functional mix of recreational activities. Because Fiddler's Creek is planned as a golf course and recreational community, its mix of activities will include those elements. Table 4 shows that the 6,000 residential units within the Fiddler's Creek PUD/DRI will create a demand for four 18-hole golf courses, The current PUD/DRI and the Marriott center located within its boundaries together provide three courses. The current PUD/DRI thus falls one course short of meeting its golf course needs. The amended PUD/DRI adds this course thereby improving its attractive and functional mix with respect to golf facilities. In addition, the PUD/DRI provides for 12 tennis courts but Table 4 shows it actually generates a demand for about 23 courts. By adding a new tennis center, tile amended ~ PUD/DRI provides for 24 courts. The amended I~UD/DP, I thereby improves its attractive and functional mix with respect to tennis facilities, i Commercial Activities Tile PUD/DRI will have impacts on,commercial uses. Tile Market Conditions Survey commissioned by Collier County and prepared by Fraser and Mohlke and Associates (February 27, 1997), indicates that the south Naples market is able to support about I00 square feet of commercial space per dwelling unit (see Table 5). This figure is adjusted downward to 70 square feet per dwelling unit to reflect that Fiddler's Creek, while having the status of a development of regional impact, nonetheless is not a community ~ comprising an entire region. Table 5 shows that about 420,000 square feet of commercial space is necessary to optimize an attractive and functional mix of uses. Table 6 compares the commercial space for the current and amended PUD/DRI. The current DPd development order approved 325,000 gross square feet of commercial development. The developer plans to locate 300,000 square feet.at a site designated for commercial use near the project entrance on SR 951 with the remaining 25,000 square feet at a site also designated for commercial use near the entrance on US 41 (see PUD/DRI Master Plan). In addition, the various recreational centers will provide commercial-type services (such as pro- shops, dining facilities, fitness centers, etc.) that will be available to, and meet the needs of, Fiddler's Creek residents. Those facilities reduce the pressure to provide similar commercial space elsewhere. Together with the Marriott facilities, the current PUD/DILl provides another 38,000 square feet of commercial-type space. Considering all commercial space and recreational space providing commercial-like services, the current PUD/DiLl (with the Marriott facilities) falls about 62,000 square feet short of the 420,000 square feet needed to optimize the attractive and functional mix of uses with respect to commercial activities. The addition of a tennis center, a golf academy, and expansion of a golf center to accommodate a third course achieves a closer optimal match between demand and supply by bringing total square feet to about 401,000 square feet. The PUD/DRI amendment thus improves the attractive and functional mix of uses in this regard. Growth Nanagement Fiddler's Creek PUD/DRI February 19, 1998 TABLE 4 Optimum Attractive and Functional Mix With Respect to Golf and Tennis Consideration I Golf Tennis DILl needs for attractive and functional mix: Users nationally, 1990.' 27,800,000 21,000,000~ Households earning $25,000+, 1990.2 58,000,000 58,000,000 Users per household. 0.48 0.36 Total DRI households. 6,000 6,000 Total users in DRI. 2,880 2,160 Regular users, percent.3 50% 100.0% Regular users, numbers. 1,440 2,160 Regular users needed per facility.4 400 95 Facilities needed, rounded. 4 23 Analysis Needed DRI facilities. 4 23i Approved DRI facilities 3 12 Deficiency. I 9 Amended DRI facilities 4 24~ Remaining deficiency. 0 0' Notes 1. Statistical Abstract of the United States, 1'995, table 415. Assuming players are predominantly from households earning more than low- moderate income. National Golf Foundation (North Palm Beach, Florida), as reported in George E. Fogg, Park Planning Guidelines, third edition, published by National Recreation .and Park Association, 1990. , For golf, from National Golf Foundation as reported in Park Planning Guidelines based on frequency groups accounting for 92 percent of all rounds. For tennis, based on total 1990 players divided by total 1990 courts (220,000), from Statistical Ab~stract of the United States, 1995, table 415. Growzh i~anagement Fiddler's Creek PUDIDRI February t9, t998 TABLE 5 Optimum Attractive and Functional Mix of Commercial Space for Fiddler's Creek Consideration Figure Total commercial space demand:t' Retail sales, 1995. $149,210,485 Sales per square foot, 1995. $220.87 Commercial area supported, 1995. 675,558 Vacancy factor @ 5%. 37,778 Total square feet supported, 1995. 709,336 Occupied dwellings, 1995 7,104 Square feet per dwelling, 1995, rounded. . ..... 100 Allocation of demand by commercial center type:2 Neighborhood 40% Community 30% Regional 30% Applied to Fiddler's Creek: Neighborhood 40% Community (because of DRI status) 30% Total percent 70% Demand for attractive and functional mix of commercial space: Total square feet per dwelling,' i'ounded. I00 Adjustment percent. 70% Adjusted square feet per dwelling in DRI. 70 Dwelling units in DRI. 6,000 Commercial square feet needed. 420,000 Notes Adapted from Market Conditions Survey prepared by Fraser and Mohlke and Associates (February 27, 1997), p. III-5. From Arthur C. Nelson, Estimating Land-Use and Facility Needs and Impacts, forthcoming, American Planning Association. See also Urban Land Institute, Shopping Center Development Handbook, second edition. Growth Managt~ntnt Flddler's Creek PUD/DRi February 19, 1998 TABLE 6 Comparing Commercial Space of Approved and Amended DRIs Consideration Commercial centers: SR 951 US 41 Total Current DRI, Sq. Ft. 300,000 25,000 325,000 Recreation facilities fulfilling commercial needs: Club Center~ Tennis Center: Golf Club3 Golf Academy4 Marriott Club Houses Total Analysis Needed commercial space. Space provided. Surplus (deficiency). Percent need provided. 9,592 0 18,000 0 5,022 32,614 420,000 357,614 (62,386) 85.1% Amended DRI, Sq. Ft. 300,000 25,000 325,000 42,052 1,400 27,000 600 5,022 76,074 420,000 401,074 (18,026) 95.5% I I I I Notes 1. 2. Original space designed for center based on correspondence by Architectural Design Group, Inc. to Gulf Bay Communities, May 21, 1996, including post office/ATM, poolside snack bar, casual restaurant (with associated kitchen), and fitness center. Revised space for redesigned center made possible by expansion of the PUD/DR/ based on correspondence from Gulf Bay Communities, January 21, 1998, including fitness areas, restaurant, bar and grill, spa and gazebo functions. Memorandum, Gulf Bay Communities, January 21, 1998. Memorandum, Gulf Bay Communities, January 21, 1998, reduced by one-third to remove card rooms and locker rooms. Communication, Gulf Bay Communities, January 21, 1998. Memorandum, Gulf Bay Communities, January 21, 1998, excluding locker rooms. Growth Management Fidd~er's Creek PUD/DR] February 19, 1998 20 The demand for regional commercial space and remaining neighborhood and community~ space is met easily by other commercial facilities located nearby. For example, Activity Center 18 located at the intersection of SR 951 (one mile north of the SR 951 entrance into Fiddler's Creek) and US 41 (less than two miles mile northwest of the US 41 entrance iflto Fiddler's Creek) is designed to accommodate the regional demand for commercial space. An outlet mall composed of about 200,000 square feet of commercial space is located on SR951 between Activity Center 18 and the PUD/DRI entrance at SR 951. Finally, although not fully developed, several acres or: land are designated for commercial development along US 41 between Activity Center and the PUD/DRI entrance at US 41. ', Accessibility Thc amended PUD/DRI improves the accessibility among linked or related land uses relative to the approved PUD/DRI. The amended PUD/DRI adds a tennis center with a small range of convenience opportunities, and moves the golf center eastward to improve accessibility by residential units in the east. The effect is to improve the resident's accessibility to ~ recreational and convenience-related opportunities such as sportswear, deli foods, juices,'~ postal services, ATM machines, lounges, fitness centers and restaurants. Figure 5 show~ the capture areas of all commercial and recreational centers in the current PUD/DRI while I Figure 6 shows those areas for the amended PUD/DRI. Capture areas are drawn with one- half mile radii from the edge of each center. This distance can usually be walked within ten minutes and is the target distance for many urban transportation planning purposes (see, for example, Parsons Brinkerhoff Quade and Douglas, Transit and Urban Form, published by the Transportation Cooperative Research Program, 1997). The current PUD/DRI provides commercial and recreational centers within one-half mile (ten minutes) of 59 percent of the residents. The amended PUD/DRI increases this figure to nearly 71 percent (see Table 7). The amended PUD/DRI also results in development clearly within acceptable distances of public facilities and off-site opportunities. For example, consider that Activity Center 18 is about 2.5 miles from the farthest edge of the amended PUD/DRI. This means that residents of the PUD/DRI will travel less than half the distance to shopping than the national average of 5.1 miles each way (see 1990 Nationwide Personal Transportation Study). The expansion of recreational opportunities on the site also means that more trips for golfing, tennis, and related activities will be internalized, which should have the effect of reducing annual vehicle miles traveled by tenants of the amended PUD/DRI. ~ Finally, the amended PUD/DRI provides an interconnected system of multi-modal transportation alternatives that includes streets, dedicated bicycle pathways, and dedicated pedestrian ways. Although the system provided in the amended PUD/DRI is about twenty percent more extensive than the current PUD/DRI, the amended PUD/DRI actually imprOves accessibility to more facilities via more modes than the current PUD/DRI. Growth l~lanagement Analysts Fiddler's Creek PUD/DRI February 19, 1998 I I I I I I I I I I I I I I I I FIGURE 5 Areas Within One-Half Mile (10 Minutes Walking) to Edge of Commercial and Recreational Facilities Within Current l;~ddler's Creek PUD/DRI Growth I~a~a~ement fiddler's Creek PUD/DR! February 8, ! 998 FIGURE 6 Areas Within One-Half Mile (10 Minutes Walking) to Edge of Commercial and Recreational Facilities Within Amended Fiddler's Creek PUD/DRI Grow~ l~anagement Fidd/er's Creek PUD/DR! February 8, 1998 23 I I I I I I I I I I TABLE 7 Comparing Accessibility to Commercial and Recreational Centers Between the Approved and Amended DRIs Consideration Number of expected dwelling units within 0.$ miles of nearest commercial or recreational center. Change in the number of expected dwelling units within 0.5 miles of nearest commercial or recreational center. i Approved DRI~ Percent of expected dwelling units within 0.5 miles of nearest commercial or recreational center (based on 6,000 dwelling units). Percent change in the number of expected dwelling units within 0.5 miles of nearest commercial or recreational center. 3,580 667 Amended DRI" 59.7% 4,247 I70.8% 18.6% I I I I I I I Notes From Gulf Bay Communities, January 22,' 1998. From Gulf Bay Communities, January 21, 1998. Grow~ i~naeement Fiddler's Creek PUD/DRJ February 19, 1998 24 FLORIDA WILDLIFE FEDERATION OBJECTIONS In correspondence to the Florida DCA dated November 14, 1997, the Florida Wildlife Federation wrote: In summary, the Federation maintains that this proposed amendment protnotes the proliferation of urban sprawl and fails to pass the 13 primary indicators of urban sprawl listed in 9J-5. Specifically, primary indicators I, 4, 8, 9, and II are present in Collier County 98-DI. In testimony to the Board of County Commissioners at tile public hearing on 98-D1, October 14, 1997, Ms. Nancy Payton, Office Manager of the FWF directly or indirectly added primary indicators 6, 7, and 13 (see transcript at page 8). Indicators 1 and 11 were raised by FDCA and addressed above. This section addresses' Indicator 4 (9J-5.006(5)(g)4.), tile protection and conservation of natural resources urban sprawl concept. Indicator 6 (9J-5.006(5)(g)6.), tile maximizing use of existing public facilities and services urban sprawl concept. Indicator 7 (9J-5.006(5)(g)7.), the maximizing use of future public facilities and services urban sprawl concept. · Indicator 8 (9J-5.006(5)(g)8.), the costly services urban sprawl concept. Indicator 9 (9J-5.006(5)(g)9.), the clear separation of urban and rural land uses urban sprawl concept. Indicator 13 (9J-5.006(5)(g)13.), the reduction of functional open space urban sprawl concept. Grow~ I~anagement Ana~/s~ Fiddler's Creek PUD/DRI February 1'9, 1998 25 I I I I I I I Protection and Conservation of Natural Resources 9J-5.006(g)(5)4. reads: As a result of premature or poorly planned conversion of rural land to other uses, fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, boo,s, estuarine yystems, and other significant natural systems. This expert is not qualified to review the technical evaluation of other experts with education, experience, and professional reputation in natural resources. (See analysis by Wilson, Miller, Barton and Peek, Fiddler's Creek Addition: Collier County Environmental Impact Statement, dated July 1997, for qualified analysis of PUD/DR/impacts on natural resources.) However, this expert can comment on the issues of conversion and land area protected. I I I I I I I I I I This indicator is triggered only by approval of premature or poorly planned conversion of rural land to other uses. The PUD/DR/amendment cannot be premature because, by holding constant the residential units already approved, the need for those units has already been established. To challenge earlier approvals in the present proceeding is to engage a: collateral attack on past decisions regardless of their efficacy. This is inconsistent with 9J- 5.006(5)(k), which reads in relevant part: If a local government has in place a comprehensive plan found in conzpliance (with 9J-5 et seq., FS 163 Part H, FS Chapter 187, and the regional comprehensive plan), the Department shall not find a plan amendntent to be not in compliance on the issue of discouraging urban sprawl solely because of preexisting indicators if the amendment does not exacerbate existing indicators of urban sprawl within the jurisdiction. If the PUD/DR/amendment is denied and if the kind of development for the subject site recommended by the FWF occurs, more land will be converted to urban uses than would have been the case with the amended PUD/DR/(see Table 1), and this development will be decidedly inconsistent with 9J-5.006(5)(g)l pertaining to single use development in excess of demonstrated need. While denial of the amended PUD/DR/does not exacerbate any urban sprawl conditions which may be present in the Collier County Growth Management Plan, even if the subject site is ultimately developed into 277 five-acre lots, approval of the PUD/DR/will lessen those conditions especially when considering the alternative uses. More to the point, subdividing the subject site into five acre lots should be considered indicative of poor planning if not premature considering the excess capacity already present in the Plan. Even if a rural-cluster PUD of the kind approved for Twin Eagles is permitted, it could be considered premature again because of existing excess capacity in the Plan. The Growth Hartagemenc flda~er's Creek PUD/DRJ Februzry 19, 1998 I .iII amended PUD/DRI meets development needs by virtue of its existing approvals, and is not poorly planned by virtue of its mixed-use, planned unit development design based on modern planning and regulatory standards. Adding the subject site to the PUD/DRI assures certainty of better planning while also reducing the County's current excess capacity. Finally, as will be seen below, the amended PUD/DRI increases functional open space, including many natural resource elements. Maximizing Use of Existing Public Facilities and Services and Maximizing Use of Future Public Facilities and Services 9J-5.006(g)(5)6. and 7. read: Fails to maximize use of existing public facilities and services. Fails to maximize use of future public facilities and services. Both the PUD/DRI and the subject site are within a water and sewer district, a school district, a fire district, and a mosquito control district. Based on previous commitments,! all facilities required of the PUD/DRI will be provided with many installed and maintained by the PUD/DRI itself and others (such as school, library, police, fire, and emergency medical facilities) provided within or adjacent to it, with some facilities provided on land dedicated by the developer. Although residential demand is not changed, the effect of adding new centers and expanding others helps to internalize ill demand for facilities within the PUD/DP, I, and by extension the use of existing and planned (future) public facilities and services will be maximized. In contrast, denial of the PUD/DRI amendment will likely lead to development of the subject site into five acre lots or a cluster of lots averaging one to two acres. Such development would be in excess of need demonstrated in the Collier County Growth Management Plan. More serious is that at those densities, the cost of delivering urban services will be high yet because of rate structures it will be people living in developments such as Fiddler's Creek that will subsidize those costs. Moreover, development of the subject site would likely involve the use of on-site wastewater treatment and private wells. A final consideration is in the delivery of certain services. For example, development of the subject site into five acre lots would result in spraying for mosquito control over its entire 1,385 acres. This is more costly and damaging to natural resources than will be the case with the amended PUD/DRI, which allocates more than half the subject site to functional open space (see below). Growth ~anagement Analysts Fiddler's Cre~k I~UD/DRI February ! 9t ! 998 27 I I I I I I I I I Costly Services 9J-5.006(g)(5)8 reads: Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government ? This indicator has two elements: (1) proximity of development to facilities and services and (2) the extent to which the cost of facilities and services are internalized by a development, thereby sheltering other taxpayers from such costs. Table 8 offers an efficient analysis. TABLE 8 Efficiency in Providing Public Facilities and Services Public Service Analysis Roads Interior road costs borne by residents in an improvement district created and managed by the PUD/DRI. Potable water Potable water delivery costs borne by residents in an improvement district created and managed by the PUD/DRI. Sanitary sewer Sanitary sewer costs borne by residents in an improvement district created and managed by the PUD/DRI. Stormwater Stormwater costs borne by residents in an improvement district created and managed by the PUD/DRI. Law enforcement Sheriff's substation site located within the PUD/DRI. Education School sites located adjacent to PUD/DRI. Health care Distance to health care may be increased by one mile for some residents. Fire Fire station site located within the PUD/DRI. Emergency response EMS site located within the PUD/DRI. General government Distance to general government services may be increased by one mile for some residents. I I I I I I I I Growth t4a~agement Fiddler's Creek PUD/DRI February 19, 1998 28 Clearly Separating Urban and Rural Land Uses 9;-5.006(g)(5)9 reads: Fails to provide a clear separation between rural and urban land uses. This allegation may be misplaced because the subject site is bounded on three sides by land uses of a decidedly urban nature. This is illustrated in Table 9. Moreover, the effect of the amendment is to assure that Section 29 will be used for only passive recreation and preserved open space, thereby providing a clear separation between development within the amended PUD/DRI and state-owned wetlands to the south. TABLE 9 Land Uses Existing and Approved Adjacent to and Within One-Half Mile to Subject Site Direction Urban Land Uses West Fiddler's Creek PUD/DRI, approved for 6,000 dwelling units. Northt Travel trailer recreational vehicle campground. General commercial. Heavy commercial. .. Golf course residential. East~ Mobile home park. Village residential. Golf course RSF-3 (residential single-family at 3 units per acre). South State-owned natural resource land. Notes Between 1,500 and 2,000 residential, mobile home, and recreational vehicle units approved near north and east boundaries. Growta Management fiddler's Creek PUD/DRI February 19, 1998 I I I I I I I I I I I I I Loss of Functional Open Space 9J-5.006(g)(5) 13 reads: Results in the loss of significant amounts of functional open space. 9J-5.003(63) defines open spaces as · . . undeveloped lands suitable for passive recreation or conservation uses. 9J-5.003(63) defines conservation uses as · . . activities or conditions within land areas designated for the purpose of conserving or protecting natural resources or environmental quality, including areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish, or protection of vegetative communities or wildlife habitats Taking these concepts together, functional open space in the context of the Fiddler's Creek PUD/DR/means land for parks, lakes, and reserves (composed of wetlands, uplands, and habitats). It does not mean golf courses even though they provide such open space functions as flood control, protection of quality and quantity of groundwater or surface water, and floodplain management; the reason is that technically they are lands used for active recreation. Because none of the subject site is designated for any open space function in the Collier County Growth Management Plan or any approved development affecting it, the subject site does not presently provide any functional open space as that concept is understood for application in this case. The amended PUD/DR/more than doubles the amount of functional open space, as shown in Table I0. Growth blanagement Fiddler's Creek PUD/DRI February 19, 1998 $0 TABLE 10 Functional Open Space Comparisons Current Amended Fiddler's Fiddler's Creek Creek Consideration PUD/DRI PUD/DRI Managed, designed open spaces, acres DRI parks 24 127 DRI lakes 430 688 DRI reserves~ 276 756 Total acres 697 1,571 Percent change in functional open space. 125.4% Notes Includes 63 acres of residential land approved for development in the peninsula transferred to reserve category because of the amendment. Growth l~anagement Fiddler's Creek PUDIDRI February 19, ! 998 I I I I I I I I SUMMARY Table 11 summarizes the key findings of the preceding analysis. It compares urban sprawl conditions if the amended PUD/DRI is denied and if it as approved. Denial of the PUD/DRI would result in development proceeding as currently permitted, and eventual conversion of the subject site from agriculture to a subdivision with lots averaging five acres. Although the easiest path to subdividing is clearly a grid pattern of rectangularly-shaped five acre lots, it is assumed that development of the subject site will be similar to the Farmcolony example described earlier; that is, homesites averaging 1.875 acres with another ten percent devoted to streets. The remaining land would not necessarily be used for farming or functional open space. Table 12 summarizes the key findings in the context of the urban sprawl indicators reviewed in this report. Two assessments are made. The first is based on the alternative if the amended PUD/DRI is denied, resulting in development of the permitted PUD/DRI and eventual development of the subject site based on the characteristics described above. The second is based on the amended PUDIDRI if approved. I I I Growth l~anagement Analysts Fiddler's Creek PUD/DRI February 19, 1998 32 TABLE 11 Comparing Amended Fiddler's Creek PUD/DRI With Alternative Conditions Consideration Denial~ Approval Difference Residential Units: 6,277 6,000 -4.6% Plan Capacity Multiplier 2.228 2.226 -0.08% Density Gross: 1.67 ! .59 -4.8% Net Developed: 3.87 4.45 + 15.0% Net Residential Developed: 4.49 5.42 +20.7% Total Developed Land, Acres 1,620 1,349 -I6.7% Commercial and Recreational Facility Space Substituting for Commercial Need Square Feet Needed3 439,390 420,000 -4.6 % Square Feet Provided 357,614 401,074 + 12.2% Percent of Need Provided 81.4% 95.5% +17.3% Residential Units Within Ten Minute Walk 3,580 4,247 + 18.6% of Commercial, Recreational Centers: 57.0% 70.8% +24.2% Public Facilities and Services Units Provided With All: 6,000 6,000 0.0% Percent Provided With All: 95.6% 100.0% +4.6% Functional Open Space, Acres 697 1,571 + 125.4% Notes J o Denial means current PUD/DRI proceeds with 6,000 residential units and subject site is developed eventually for 277 residential units. Denial figures based on current PUD/DRI with 6,000 residential units plus 277 residential units on subject site for a total of 6,277 residential units. Denial figure based on 6,277 dwelling units times 70 square feet per unit. Growth Nanagement Analysts fiddler's Creek PUD/DR/ February ! 9, ! 998 TABLE 12 Comparing Amended Fiddler's Creek PUD/DRI With Alternative Conditions in Terms of Urban Sprawl Indicators Indicator Denial~ Approval Promotes, allows or designates for development Sprawl Net density substantial areas of the jurisdiction to develop as Iow- conditions increased. Excess intensity, Iow-density, or single-use development or unchanged, capacity reduced. uses in excess of demonstrated need. (9J- 5.006(5)(g)1 .) As a result of premature or poorly planned conversionSprawl Less land of rural land to other uses, fails to adequately protect conditions developed than the and conserve natural resources, such as wetlands, unchanged, alternative. More floodplains, native vegetation, environmentally land preserved sensitive areas, natural groundwater aquifer recharge than the areas, lakes, rivers, shorelines, beaches, bays, alternati¥~e. systems. (9J-5.006(5)(g)4.) Fails to maximize use of existing public facilities and Sprawl Fewer services services. (9J-5.006(5)(g)6.) conditions required than the unchanged, alternative. Fails to maximize use of future public facilities andSprawl Fewer services services. (9J-5.006(5)(g)7.) conditions required than thc unchanged, alternative. Allows for land use patterns or timing which Sprawl Fewer services disproportionately increase the cost in time, money conditions required at less and energy, of providing and maintaining facilities unchanged, cost to users and and services, including roads, potable water, sanitary taxpayers, and sewer, stormwater management, law enforcement, provided in a more education, health care, fire and emergency response, timely manner and general government. (9J-5.006(5)(g)8.) than the alternative. Growth l~anagement Analysts FlddZer's Creek PUD/DILl February 19, 1998 IIIII IIIII III IIII II I IIIII IIII III ......... IIIIIII I I I I TABLE 12 Comparing Amended Fiddler's Creek PUD/DRI With Alternative Conditions in Terms of Urban Sprawl Indicators Indicator ........... l.. Denial' ApproVal- Fails to provide a clear separation between rural and [ Sprawl Through site urban land uses. (9J-5.006(5)(g)9.)I conditions design, clear unchanged, separation is achieved along the ............. I ............. _s_o_u_ t__h e__r.n__ _b o~ n__d ~ ~_~_ _ Fails to encoUrage an attractive and functional mix of SprawlImproves attractive uses. (9J-5.006(5)(g)ll.) conditions and functional mix ! unchanged, of uses relative to alternative. Results in poor accessibility among linked or relatedSprawl Improves land uses. (9J-5.006(5)(g) 12.) ' conditions accessibility unchanged, between linked or related land uses relative to the alternative. Results in the loss of significant amounts of functional Sprawl Increases the open space. (gJ-5.006(5)(g)13.) conditions supply of unchanged, functional open space. Notes Denial means current PUD/DR/proceeds with 6,000 residential units and subject site is developed eventually for 277 residential units. I Growth l~anagement Fiddler's Creek PUD/DRI February 19, 1998 PROFESSIONAL OPINION This expert opinion has two parts both of which are based on Chapter 9J-5, FAC. The first is with respect to the urban sprawl indicators contained in 9J-5.006(5)(g) and the second is with respect to the application or use of those indicators as provided in 9J-5.006(5)(k). 9J-S.006(5)(g) The Florida Department of Community Affairs has identified concerns about the amended ' PUD/DRI with respect to three urban sprawl indicators. The Florida Wildlife Federation has identified another six urban sprawl indicators about which it is concerned. Florida DCA concerns. The FDCA has required additional data and analysis to demonstrate that the amended Fiddler's Creek PUD/DRI does not discourage the proliferation of urban sprawl based on indicators 1, 11 and 12. Indicator 1 reads: Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. (9J-5.006(5)(g)l.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not promote, allow or designate for development a substantial area of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. Indicator 11 reads: Fails to encourage an attractive and fimctional mix of uses. (9J-5.006(5)(g)l 1.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not fail to encourage an attractive and functional mix of USES. t Grmn-th Management Fiddler's Cre~k PUD/DR! February ! 9, 199B Indicator 12 reads: Results in poor accessibility among linked or related land uses. (9J- 5.006(5)(g) 12.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not result in poor accessibility among linked or related land USES. Florida Wildlife Federation. The FWF has alleged that the amended Fiddler's Creek PUD/DRI does not discourage the proliferation of urban sprawl based on additional indicators 4, 6, 7, 8, 9, and 13. Indicator 4 reads: As a result of premature or poorly planned conversion of rural land to other uses, fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. (9J- 5.006(5)(g)4.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not result in the premature or poorly planned conversion of rural land to other uses, or fail to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, b'6aches, bays, estuarine systems, and other significant natural systems. Indicator 6 reads: Fails to maximize use of existing public facilities and services. (9I- 5.006(5)(g)6.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not fail to maximize use of existing public facilities and services. ~ Growth Management A~atysts fiddler's Creek PUD/DRI February 19, 1998 37 Indicator 7 reads: Fails to maximize use of fitture public facilities and sera'ices. (9J-5.006(5)(g)7.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not fail to maximize use of future public facilities and services. Indicator 8 reads: Allows for land use patterns or tinting which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater managentent, law enforcement, education, health care, fire and entergency response, and general government. (9J-5.006(5)(g)8.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not allow for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. Indicator 9 reads: Fails to provide a clear separation between rural and urban land uses. (9J- 5.006(5)(g)9.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not fail to provide a clear separation between rural and urban land uses. Indicator 13 reads: Results in the loss of significant amounts of fitnctional open space. (9J- 5.006(5)(g)13.) It is this expert's professional opinion that, based on available data and analysis, the amended Fiddler's Creek PUD/DRI does not results in the loss of significant amounts of functional open space. Growth ~anagement fiddler's Creek PUD/DR] February t 9, ! 998 38 1 411 9J-5.006(5)(k) This provision of the urban sprawl rule reads in relevant part: If a local government has in place a comprehensive plan found in compliance, the Department shall not find a plan amendment to be not in compliance on the issue of discouraging urban sprawl solely because of preexisting indicators if the amendment does not exacerbate existing indicators of urban sprawl within the jurisdiction. It is this expert's professional opinion that the amended Fiddler's Creek PUD/DR/does not exacerbate existing indicators of urban sprawl within Collier County. Summary Conclusion Based on analysis of available data, the expert opinion drawn is that the amended Fiddler's Creek PUD/DR/does not constitute urban sprawl, does not encourage the proliferation of urban sprawl (9J-5.006(5)(g)), and does not exacerbate any urban sprawl conditions which may be present in the Collier County Growth Management Plan (9J-5.006(5)0c).) Growth l~anagement Analysts Fiddler's Creek FUD/DRI February 19, 1998 39 SUMMARY CREDENTIALS4 Arthur C. Nelson Professor of City Planning and Public Policy City Planning Program Georgia Institute of Technology President Growth Management Analysts, Inc. Education Doctor of Philosophy in Urban Studies specializing in regional science and regional planning, Portland State University, Portland, Oregon, 1984. Research and Teaching Interests · · · · · Growth management. Public facility planning and finance. Urban development finance. Economic development. Public policy analysis. Awards and Recognitions Teacher of the year in planning, Kansas State University (1985). Early career researcher of the year, University of New Orleans (1987). Architecture professional education teacher of the year, Georgia Institute of Technology (1995) Thesis advisor to student winning thesis of the year awarded by the Association of Collegiate Schools of Planning (1990). Teacher of students winning the student project of the year honor awarded by the American Institute of Certified Planners (1996). forty page curriculum vitae is available for inspection. Growr~ Hanagement fiddler's Creek PUD/DR! February 19, 1998 4O Selected Publications~ Growth Management Principles and Practices. with James B. Duncan. Chicago, IU: American Planning Association. 1995. Water, Wastewater, and Stormwater System Development Charges. Boca Raton, FL: CRC and Lewis Publishers. 1995. The Regulated Landscape: Lesson.; of Statewide l'lanning Fro,t Oregon, with Gcrri! J. Knaap. Cambridge, MA: Lincoln Institute of Land Policy. 1992. A Practitioner's Guide to Development Impact Fees, with James C. Nicholas and Julian Conrad Juergensmeyer. Chicago, IL: American Planning Association. 1991. Development Impact Fees: Theory, Issues, and Practice. Chicago, IL: American Planning Association.' 1988. Earthquake Damage Patterns and Land Use Planning. With Raymond J. Burby and Steven P. French. Earthquake Spectra, 1998. The Price Effect of Heavy Rail Transit Stations on Commercial Property Value. Transportation Research Record, forthcoming, 1998. Exurban and Suburban Residents: A Departure from Traditional Location Theory? With Thomas W. Sanchez. Journal of ttousing Research 8(2), 1997. Using Expert Panels for Master Planning .Purposes. With Richard B. Peiser. Journal of the American Planning Association 63(4)', 1997. Rail Transit in the Suburbs. With Catherine L. Ross and Michael E. Meyer. Transportation Research Record, 1997. Assessing Urban Growth Management Policies. With Terry Moore. Land Use Polio', 1996. Broadacres City and Exurban Development Planning. Journal of Architecture and Planning Research, 1996. 5 From among eight books, fifteen book chapters, and more than one hundred professional and scholarly articles appearing in more than twenty journals world wide. Growth I~anagement Fiddler's Creek PUD/DR] February 19, 1998 41 Selected Publications [continued] Private Provision of Public Pedestrian and Bicycle Ways. Record, 1996. Transportation Research Comparative Judicial I.,and-Usc Decision-Making Processes. Urban Lawyer, 1995. Growth Management and the Savings-and-I,oan Bailout. Urban La,vyer, 1995. The New 'Burbs. With Judy S. Davis and Kenneth J. l)uekcr. Journal e(the American Planning Association, 1994. Coastal Growth Management. With Terry Moore. Coastal Management, 1993. Price Effects of Landfills on l louse Values. With John Gcnereux. Land Economics 67(4), 1993. Preserving Prime Farmland in the Face of Urbanization. Journal of the American Planning Association, 1992. Characterizing Exurbia. Journal of Planning Literature, 1992. Sea-Level Rise. With Raymond J. Burby. Journal of Urban Planning and Development, 1992. Historic District Designation and Commercial Revitalization in Minority Business Districts. With Janice Talley. Journal of Urban Affairs, 1991. The Design and Administration of Urban Growth Boundaries. Real Estate Finance, 1990. Sewering the Coast: Bane or Blessing to Marine Water Quality. With Robert G. Patterson and Raymond J. Burby. Coastal Management, 1990. A Theoretical and Empirical Argument for Regional Sewer Planning. With Gerrit J. Knaap. Journal of the American Planning Association 53(4): 479-486, 1988. Using Land Markets to Evaluate Urban Containment Programs. Journal of the American Planning Association 52(2): 156-71, 1986. Growth I~anagement Analysts Fiddler's Creek PUD/DRI February ! 9, ! 998 Ixnl Selected Research and Consulting Urban containment policy. Drachman Institute (University of Arizona) and Federal National Mortgage Association, 1998. Implications of exurban development on urban form theory and housing policy. Federal National Mortgage Association, 1993-1997. Evaluating the association between plan quality and earthquake damage in the San Fernando Valley, with Steven P. French. National Science Foundation, 1994-96. Strategies to Increase Transit Ridership. Transit Cooperation Research Program of the National Academy of Sciences, 1995-98. Fiscal impacts of growth in southeastern Florida. Environmental Protection Agency, 1997. Evaluation of "Disney's America" (resulting in recommendation against proceeding), Walt Disney Corporation, 1995. Reaearch into contemporary location patterns of industry. -Economic Development Administration, U.S. Department of Commerce, 1992-94. Evaluation of Metropolitan Atlanta Rapid Transit Authority. Federal Transit Administration, U.S. Department of Transportation, 1994-97. Research into central city revitalization. National Center for the Revitalization of Central Cities sponsored in part by the U.S: Department of Housing and Urban Development, 1992-98. Household preference studies, Northwest Transportation Research Center sponsored by the U. S, Department of Transportation, 1991-94. Growth l~anagement Fiddler's Creek PUD/DR! February 19, ! 998 I I I I I I I I I I I I I I I I I I Urban Sprawl Assisted Florida Department of Community Affairs in drafting: Technical Metno, volume 4, number 4, which contained the state's first comprehensive approach to determining whether and how plans discourage the proliferation of urban sprawl. Chapter 9J-5, Florida Administrative Code, revisions of 1993 leading lo codification of the state's urban sprawl provisions in this rule. Expert witness for the State of Florida in the following cases: DCA v. DCA v. · DCA v. · DCA v. · Wakulla County (comprehensive plan). St. Lucie County (plan amendment). Lee County (plan amendment). Marion Count), (comprehensive plan). DCA v. DCA v. DCA v. DCA v. DCA v. DCA v. DCA v. DCA v. Florida Association of. Realtors et al. v. DCA (second urban sprawl rule challenge). DCA v. Charlotte Count), (DRI challenge). DCA v. Escambia County (comprehensive plan). DCA v. Walton County (comprehensive plan). DCA v. Alachua County (comprehensive plan). DCA v. Okaloosa County (comprehensive plan). Florida/Georgia Venture Group v. City of Ormond Beach (DRI challenge). DCA v. Lake County (comprehensive plan). DCA v. Indian River County (comprehensive plan). Leon County (comprehensiv.e plan). Highlands County (comprehensive plan). Metropolitan Dade County (plan amendment). City of Jac'ksonville (DRI challenge). Santa Rosa County (comprehensive plan). Dixie County (comprehensive plan). St. Lucie County (comprehensive plan). Citrus County (comprehensive plan). Florida State ltome Builders Association v. DCA (first urban sprawl rule challenge). DCA v. Lee County (comprehensive plan). DCA v. Charlotte Count)' (comprehensive plan). Growth Hamagement Analysts Fiddler's Creek PUD/DRi February 19, 1998 I I I I I I I I I I I I I I I I I I I I I I I I I 12AI Collier County Growth Management Plan Amendment Adding Acreage to the Fiddler's Creek DRI Prepared by: Young, van/tssenderp & I/arnadoe 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 941/59 7-2814 'l I RE: TABLE OF CONTENTS Collier County Growth Management Plan Amendment (CP-97-3) adding acreage to the Fiddler's Creek DRI I I I Introduction .......................................................... History of Fiddler's Creek ................................................ Reasons for Collier County's 1989 Deletion of U.S. 41 Corridor from the Urban Area .................................................... Significant facts concerning the proposed Plan Amendment and DRI NOPC .......... page i page 2 page 2 page 5 I I Conclusion ........................................................... page 8 EXHIBIT EXIiIBIT NO. Urban Sprawl Analysis pursuant to Rule 9J-5.006(5)(g) F.A.C .......................... I I I I I I I Existing Fiddler's Creek Master Plan ............................................. 2 Revised Fiddler's Creek Master Plan; Notice of Proposed Change (NOPC) ................ 3 Map of Land Uses in proximity to Fiddler's Creek Addition ............................ Aerial of Area including Fiddler's Creek Addition ................................... Collier County Community Development Services Staff Memorandum to Collier County Planning Commission dated September 16, 1997 ........................ 6 Collier County Staff Executive Summary for the Board of County Commissioners transmittal of CP-97-3 ............................................ 7 Southwest Florida Regional Planning Council Staff Report's Recommendation on the Notice of Proposed Change (NOPC) for Fiddler's Creek ......................... 8 Excerpts from Public Hearings .................................................. 9 Letter'from Wilson, Miller, Barton & Peek, Inc. dated November 10, 1997 regarding Listed Species in the Areas of Development . ....10 Memorandum from Wilson, Miller, Barton & Peek, Inc. dated November 12, 1997, regarding the Soil Survey .................................... I 1 Letter from Kenneth Pineau, Emergency Management Department dated November 10, 1997 ......................................................... 12 Letter from John Boldt, Stormwater Management Department dated November 14, 1997 ......................................................... 13 NOPC FOR FIDDLER'S CREEK ADDITION- INCORPORATED BY REFERENCE I I I I I I I I I I I I I I I I I I RE: COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT (CP-97-3), ADDING ACREAGE TO TItE FIDDLER'S CREEK DRI INTRODUCTION i~ 'Fhe Fiddler's Creek Development of Regional Impact (DRI), approved originally 'in 1984. currently consists of 2,379 acres located'east of S.R. 951 and south of ILS. 41 in Collier County (See Exhibit No. 2). The project's developer. 951 l.and lloldings Joint Vcnture,~is proposing the addition of a 1,385 acre parcel to thc Fiddler's Creek DRI Master Plan (See Exhibit No. 3). The addition will not result in any increase in either the approved number of residential units or amount of commercial use within the Fiddler's Creek DRI. Thc i,385 acres or lan, d to be added to Fiddler's ,?reek is currentl,y,, zoned agricultuFal and designated on the County s Future Land Usc Map as agricultural/rural , with a resident~ial density of one unit per five acres. Therefore, the proposed shifting of some of the appro,,?d residential units on to the additional acreage, at a density above 1 unit per 5 acres will require an amendment to the Collier County Growth Management Plan, as well as a Notice ~of Proposed Change (NOPC) to the Fiddle's Creek DRI Development Order. As authorized by both Chapter 380 and Section 163.3187(!)(d), Florida Statutes, applications for the necessary plan amendment and NOPC have been filed simultaneously ~vith the Florida Department of Community Affairs ("DCA"), Collier County and the Southwest Florida Regional Planning Council. The Department's staff has completed its review of the NOPC and has concluded that it will not cause any additional adverse impacts, while noting the obvious fact that a plan amendment will be required prior to the approval of the NOPC. The staff report of the Southwest Florida Regional Planning Council recommends approval of the Fiddler's Creek NOPC, subject to the approval of the Collier County Plan Amendment (See Exhibit 8). The remainder of this assessment of Collier County's Growth Management Plan Amendment (CP-97-3) contains sections addressing the history of the Fiddler's Creek DRI; the reasons for Collier County's deletion, in 1989, of the U.S. 41 (east) corridor from the "urban" designated area; and significant facts concerning the proposed plan amendment and DRI master plan revision to add additional land to Fiddler's Creek. There are thirteen exhibits attached to this document, as indicated on the Table of Contents, not including the Fiddler's Creek NOPC application which is incorporated herein by reference. The NOPC, filed with Collier County, Florida Department of Community Affairs, and Southwest Florida Regional Planning Council on July 9, 1997 is additional data supportive of the Plan Amendment. m I I I I I I I I I I I I I I I I I I I The exact wording of the Grovnh Management Plan Amendment is included on pages 1-2 of Exhibit I, an analysis of the Amendment and tile urban sprawl indicators in Rule 9J- 5.006(5)(g), F.A.C. IIISTORY OF TIlE FII)DLER'S CREEK I)R! Fiddler's Creek was formerly known as Marco Shores Unit 30, a DRI originally approved by Collier County in 1984. The Marco Shores Unit 30 DRI was a direct result of tile "Deltona Settlement Agreement" between the Dcltona Corporation and various stale agencies, including DCA and DER. Collier County and several environmental groups. The Settlement Agreement resolved controversy and pending litigation concerning the magnitude and extent of Deltona's development in and around the Marco Island area. The Settlement Agreement, dated July 20, 1982, identified "development areas" that `.`.'ould be submitted to a modified DRI process and resulted in the preservation, in perpetuity, of approximately 15,000 acres of wetlands, i~ The Marco Shores Unit 30 DRI ,,vas approved in 1984 to contain a total of 9,110 dwelling units, with a density of 5.5 units per'acre, along with commercial and other land uses. The DRI, now known as Fiddler's Creek DRI/PUD, has undergone several modifications in recent years ~vhich have resulted in a decrease in the number of approved residential units to 6,000 units and a reduction of the project's density to 2.5 units per acre. In addition to the approved residential units, the Fiddler's Creek DRI and PUD master plans authorize 33.6 acres of commercial use, 1,000 acres of lakes, open space, golf courses, parks and other recreational amenities, and requires the preservation of 243.37 acres. ~ REASONS FOR COLLIER COUNTY'S 1989 DELETION OF Tile U.S. 41 ~! CORRIDOR FROM TIlE DESIGNATED URBAN AREA The Fiddler's Creek DRI is located within the designated urban area of the Collier County Comprehensive Plan. Until 1989, the 1,385 acres of land to be added to the Fiddler's Creek DRI by Collier County's Growth Management Plan Amendment, CP-97-3, was also within the "urban designated area". The Collier County Commission deleted the subject parcel from an urban designation, along with other land along U.S. 41, following recommendations to do so contained in an Urban Boundary Study prepared by County staff. In late 1988, Collier County staff completed the Urban Boundary Study, recommending the deletion of the "southeastern tail" from the designated urban area, while recognizing that this area ¢vould probably be included in the urban area in the future. The "southeastern tail", also referred to as Study Area 2 in the Urban Boundary Study, consisted of 5,100 acres, i It generally included a two-mile wide corridor along U.S. 41 from the Collier Seminole State Park westward to approximately lib miles east of the intersection of U.S. 41 and S.R. 951. Study Area 2 included the 1,385 acres comprising the Fiddler's Creek Plan Amendme~nt (hereinafter referred to as "the Plan Amendment Area"). i~ I I I I I I I I I I I I I I I I I I On May 26, 1988, Mr. Charles Gauthier, then Collier County's Comprehensive Planning Manager, explained to the Collier County Planning Commission the reasons for recommending deletion of the southeastern tail from the urban area (See Exhibit 9, page 12; Comments of Charles Gauthier to Collier County Planning Commission on May 26, 1988 regarding urbafl boundary). Mr. Gauthicr stated, as part of his concern, about evacuating Marco Island durin~g storm events, that "there is the Marco Shores DR! ~vith 12,000 units." The Marco Shores DRI', since his 1988 comments, has been renamed "Fiddler's Creek" DR1 and the number Of residential units has been reduced to 6,000. Mr. Gauthicr also pointed out in his comments on urban sprawl that "the time will come for this area to be urban" (Sec F. xhibit 9, page 12, paragraphs ! and 2). The 1988 Collier County Urban Boundary Study contained five underlying reasons for the recommendation that Study Area 2, including thc Plan Amendment Area, be deleted from the Urban Designated Area and that residential densities along U.S. 41 be limited to one unit per five acres. The five reasons are listed below. Each is followed by a brief analysis of its relevance, in 1997, to the proposed Fiddler's Creek Plan Amendment. 1. Containment of urban sprawl in a "ribbon pattern" along U.S. 41. An analysis of the Fiddler's Creek Plan Amendment, in comparison to all 13 "primary indicators" of urban sprawl listed in thc Department of Community Affairs' Rule 9~J- 5.005(6)(g), Florida Administrative Code, is attached as Exhibit 1. That analysis establishes that the Fiddler's Creek Plan Amendment will not result in creating or encouraging any of the urban sprawl indicators. There are relatively intense urban uses currently existing in areas north and east of Fiddler's Creek, further from the urban boundary than the Plan Amcndmeht Area (See Exhibits 4 and 5). The Plan Amendment will result in "in-fill" development, not urban sprawl. :2. Traffic impacts on the U.S. 41 transportation corridor. The Fiddler's Creek DRI was originally approved for 9,100 residential units. Over the years this number has been reduced to the currently authorized 6,000 dwelling units. The Plan Amendment will not result in any increase to the number of approved residential units· Approved units will be shifted onto the additional acreage, reducing overall project density from 2.5 to 1.6 units per acre. ' The Fiddler's Creek traffic impacts on U.S. 41 have been thoroughly addressed during the DRI l~rocess, including the NOPC submitted for the incorporation of the Plan Amendm~:nt Area into the Fiddler's Creek Master Plan. The Plan Amendment will have the effect' of extinguishing the 277 residential units (a density of one unit per five acres) that could :be developed within the Plan Amendment Area under the current zoning and land use plan designation. The Fiddler's Creek DRI Master Plan authorizes access two points on both SiR. 951 and U.S. 41. The number and location of these access points will not change as a result of this Amendment and the NOPC. The Fiddler's Creek traffic impacts on U.S. 41 have been ! I I ! I I I I I I I I I I I I I I dramatically reduced since thc DRI was first approved in 1984. U.S. 41 in this area will be operating at acceptable levels of scr,'ice for the lbresccablc future. 3. Concern for the availability of public sen'ices and facilities, particularly central potable water and sewer service. In 1988, Collier County staff was obviously concerned about the lack of central water and sewer facilities and the prospect of having septic tanks and wells in this corridor al6ng U.S. 41. However, Fiddler's Creek, including the Plan Amendment Area, is within the service area of centralized water and sewer providers, In addition, the Plan Amendment Area is in close proximity to the following public services and facilities: elementary school -- ItA miles; middle school -- I~A miles; regional park -- IrA miles; library and fire/police/EMS ~ Site donated for location of these facilities within thc Fiddler's Creek project, pursuant to existing Development Order. 4. Evacuation of the area during a major storm event. The subject Plan Amendment does not add any residential units to the Fiddler's Creek DRI. The DRI process reviews a project's impacts on evacuation times and shelter space. The reduction in the size of the Fiddler's Creek project, by more than 3,000 dwelling units since 1984, results in reduced project impacts on hurricane evacuation times and shelter space. The Fiddler's Creek PUD requires that the project provide evacuees with access to U.S. 41, across the DRI from S.R. 951, during storm events. This will aid in evacuating the Marco Island area. The Plan Amendment will result in a decrease in the overall density of Fiddler's Creek from 2.5 units per acre to 1.6 units per acre. 1~ The existing Fiddler's Creek DILl as well as the Plan Amendment Area are located south of U.S. 41. The "coastal high hazard area" depicted on Collier County's Future Land Use Map includes all areas south of U.S. 41. The subject Plan Amendment therefore will not increase the number of residential units in the coastal high hazard area by authorizing the relocation of some residential units in Fiddler's Creek to the Plan Amendment Area. Fiddler's Creek DRI will assist evacuation planning by providing access across the project to U.S. 41 for evacuees from Marco Island. See attached Exhibit 12, a letter from Collier County Emergency Management Director Ken Pineau. 5.' Lack of drainage plans for the area. Fiddler's Creek has granted Collier County an 85' wide north-south drainage easement across the Plan Amendment Area which will assist the County in correcting long-term drainage problems originating to the north of Fiddler's Creek. The County also strongly supports [he east-west spreader swale system that will be implemented across Fiddler's Creek, which v~?! help restore historic storm water sheet-flow across the property onto the State-owned wetlands I I I I I I I I I I I I I I south and west of thc DRI. See Exhibit 13, a Icttcr from Collier County Public Works Direc~tor John Boldt. Existing development on site ))as been preceded by water management plans and permits issued by thc South Florida Water Management District, as will all future dcvelopmcnt.. Implementation of the master storm water management plan for Fiddler's Creek, wl'lich as amended will covcr 3,?00+ acres, will greatly assist and bcncfit thc County's efforts! to improve historic drainage pattcrns and protect publicly owned cnvironmcntally sensitive wetlands systems. Thc County's conccrns about storm water management contributed to thc deletion of thc U.S. 41 corridor from thc urban area. Thc water management systcm at Fiddler's Creek covers a large area, and provides for implementation of a comprehensive planning approach toward resolving the concerns voiced in 1988. Thc expansion of Fiddler's Creek ~vill also eliminate tile massive intermittent point- source discharges of water to the south, pursuant to consumptive use permits, resulting from tile water-dependent agricultural operations currently on site. Fiddler's Creek will have a significant and beneficial impact on Collier County's water management efforts in the "southeastern tail". In summary, although thc County contracted the designated urban area in 1989, it knew that the "urban tail" would, in time, become urbanized. Mr. Gauthier, on December 22, 1988, told the Collier County Planning Commission that "more intensive uses could develop laier, once a settlement pattern is established." See Exhibit 9, page 5. At the same meeting, he also told the representative of Duda & Sons, then the owners of the subject Plan Amendment Area, who wanted to retain density within the "urban tail", that "there is an ideal mechanism for the Duda's for a project that they may want to do, and take care of their impacts, through the DRI process." See Exhibit 9, page 8. The Fiddler's Creek DRI, with the subject Plan Amendment Area added, will have a positive effect on Collier County's Growth Management Plan assists the County in resolving the specific concerns raised in the Urban Boundary Study. The reasons given in the Urban Boundary Study for contraction of the urban boundary are not applicable to, nor are they exacerbated by the proposed Plan Amendment. SIGNIFICANT FACTS CONCERNING TIlE PROPOSED PLAN AMENDMENT I I I I I AND DRI MASTER PLAN REVISION During any evaluation of Collier County's proposed Plan Amendment enlarging the Fiddler's Creek DILl, the following significant facts must be taken into account: , The Plan Amendment is requested and needed in order to incorporate 1,385 acres~of adjacent land into a master-planned community--the Fiddler's Creek PUD/DRI--with no 5 I I I I I I I I I I I I I I I I I I I increase in the 6,000 residential units previously approved for Fiddler's Creek. 'l;he overall density of the Fiddler's Creek DRI ,,,,'ill be reduced from 2.5 dwelling units ~Per acre to 1.6 units per acre. ~ The plan amendment ,,viii result in thc eli,ruination of the 277 residential units that could be developed on thc subject parcel under tile current future land use plan designation and zoning. The Fiddler's (;reck I)Ri is within thc boundary of the Collier County Water-Sewer District, and will be provided with central potable water and sewer service. The additional 1,385 acres is also within both the water service area of the County Wafer- Sewer District and the sewer service area of the Rookery Bay IJtilily Company. The expansion of the Fiddler's Creek l)Rl will include the extension of a spreader- s~vale system running east-west onto the subject parcel. (See NOPC and revised MaS!er Plan, Exhibit 3.) The spreader-swale system, drainage casements and other features'of the storm water management plan for Fiddler's Creek will improve sheet flow and drainage from the site and off-site that affects publicly-owned wetland areas south and west of Fiddler's Creek, including the Rookery Bay National Estuarine Research Reserve. Collier County Public Works strongly supports the spreader-swale system because it will help restore historic patterns of storm water sheet flow from the property to publicly owned wetlands to the south and west of thc Fiddler's Creek DRI. In addition, Fiddler's Creek is granting on-site drainage easements to Collier County that will assist Collier County in alleviating historic drainage problems originating north of U.S. 41 by routing this drainage to the spreader swale system. See Exhibit 13. Until a 1989 urban boundary contraction, the subject parcel was within the designated urban area. As a result, there are more intense existing developments to the east and north of the parcel. (See Exhibits 4 and 5, showing surrounding area.) In the immediate vicinity of the Plan Amendment Area, between the urban area boundary to the west and the Collier-Seminole State Park to the east, there are 812 acres of non- agricultural zoned land allowing more intense uses and higher density than is currently allowed on the Plan Amendment parcel. The approved and existing land uses on the~;e 812 acres include industrial, commercial, mining and up to 2,168 residential and mobile home units. The proposed DRI NOPC does not authorize any new traffic access points on U.S. 41, nor does it add any additional automobile trips to U.S. 41. (See transportation analysis in NOPC.) The plain wording of the Plan Amendment limits its applicability to the Fiddler's Creek DILl. It will not set a precedent by creating a "loophole" for future proposed plhn I I I I I I I I I I I I I I amendments. Neither applicant's agent nor Collier County staff have been able to identify any other developments which are similarly situated with respect to the Urban boundary (see Collier County Staff Executive Summary, at page 2, for Petition No. CP- 97-3, attached as Exhibit 7). Thc subject parcel consists primarily of previously disturbed, plowed agricultural fields. The DRI NOPC establishes that proposed development will be located within the disturbed agricultural area. (See Exhibit 3, and NOPC.) Natural areas will be preserved, including 70 acres of upland and 380 acres of wetlands. Of the remaining farm fields, 635 acres will be utilized only for open space, recreation and lakes. No threatened or endangered species listed by the State (Florida Game and Fresh Water Fish Commission) or Federal agency (U.S. Fish and Wildlife Service) have been observed within thc areas proposed for development. Although some opporlunistic wading birds, listed as "species of special concern" by the State have been observed utilizing agricultural ditches on site, the proposed plan for the Fiddler's Creek addition will create lakes with littoral shelves which will improve the water quality and fora~ing opportunities for these species, in comparison to the current agricultural ditches. {Sec Exhibit 10, letter from Stcphanie Voris of Wilson, Miller, Barton and Peek.) ]'he Amendment states that no residential units will be located on the Section 29 p~rcel, which is designated in the NOPC for preservation, open space and passive recreational USe. The additional 1,385 acres are approximately I',4 miles from two Collier County schools and a regional park site. A 4'/2 acre parcel on-site has been donated for the location of fire/police/EMS stations and a library, pursuant to the DRI Development Order. (See Exhibit 2.) Land uses surrounding the subject parcel on the north and east include trailer parks, residential density and commercial and industrial uses which are more intense and are located further outside the urban area than the subject parcel. (See Collier County Community Development Services staff Memorandum to the County Planning Commission, dated September 16, 1997, at Pages 2 and 4 and attached Exhibit 6.) Both the approved Fiddler's Creek DILl and the Plan Amendment Area are located within .the "coastal high hazard area" designated on the County's Future Land Use Map. Therefore, the plan amendment will not affect or increase the number of approved Units within the coastal high ha?.ard area. See letter from Ken Pineau, Collier Colunty Emergency Management Director, attached as Exhibit 12. 7 I I I I I I I I I I I I I I ] I I CONCLUSION These facts and Exhibits attached hereto, together with data submitted by Collier County in support of the Plan, including the Fiddler's Creek DRI Notice of Proposed Change, establish that the Plan Amendment CP-97-3 is "in compliance" with the requirements of Chapter 163, Part II, Florida Statutes and Rule 9J-5, Florida Administrative Code. 8 I I I I I I I I I I I I I I I I I URBAN SPRAWL ANALYSIS PURSUANT TO RULE 9J-5.006(5)(g), F.A.C. TIlE PROPOSED PLAN AMENDMENT As authorized by both Section 380.06 and Chapter 163, Part II, Florida Statutes, 951 Land Holdings Joint Venture has simultaneously filed with Collier County a Gro~vth Management Plan Amendment and a DRI NOPC for Fiddler's Creek.I The Plan Amendment and NOPC propose the addition of 1,385 acres of land to the Fiddler's Creek DRI. The land is located adjacent to and immediately east of the existing Fiddler's Creek DRI. The subject 1,385 acre parcel is zoned agricultural and designated as agricultural/rural on the Collier County Future Land Use Map, with a residential density of I unit per 5 gross acres. As currently zoned, and designated under the County's Growth Management Plan, a total of 277 units could be developed on this property. Most of the land is cleared and is presently under cultivation for the production of row crops. The owner of Fiddler's Creek proposes to shift some of the previously approved 6,000 residential units to the subject parcel, and to add golf course and other recreational amenities, in accordance with the revised master plan submitted in support of the Fiddler's Creek DRI NOPC. The Plan Amendment does not allow the addition of any residential units to the Fiddler's Creek DRI and decreases the overall density of the project from 2.5 units to 1.6 units per acre. ~, The relocation of some previously approved residential units to the subject parcel may result in a higher density than 1 unit per 5 acres on parts of the 1,385 acres, which is the density allowed under the current comprehensive plan. Therefore, the developer proposed, and Collier County has transmitted to the Department of Community Affairs (DCA) for review, the following text change to the Land Use Element of the County's Growth Management Plan: A. Agricultural/Rural -Mixed Use District Agricultural/Residential Subdistrict - The purpose of this subdistriet is to protect and encourage agricultural activities while providing for low density residential use in outlying area. Residential land uses may be The NOPC for the Fiddler's Creek DRI submitted to Collier County, the Department of Community Affairs and Southwest Florida Regional Planning Council on July 9, 1997, is incorporated herein by reference, but due to its length, is not attached. I I I I I I I I I I I I I I I allowed at a maximum density of I unit per 5 gross acres. Existing uhits approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DR1 together with part of Section 29, To~vnship 51 South, Range 27 East, at a density greater than I unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management i)islrict jurisdiction wetlands impacted by the DRI in said Sections do not exceed 10 acres. ANALYSIS OF URBAN SPRAWl, INI)ICATORS amendment DCA's Rule 9J-5.006(5)(g) contains 13 "primary indicators" that a plan ~ does not discourage the proliferation of urban sprawl. These indicators are listed below. E~ach indicator is followed by an analysis of the Fiddler's Creek Plan Amendment, vis-a-vis the particular indicator. ii. Indicator: Promotes, allows or designates for develop.tent substantial areas of the jttrisdiction to develop as Iow-intensiO,, Iow-density, or single-use develop.tent or rises itt excess of de.tonstrated need. This Plan Amendment: This amendment does not constitute a "substantial area of the jurisdiction." The 1,385 acres are only one-tenth of one percent (.I08%) of the 1.28 million acres of land in Collier County. The amendment does not add any units or uses above the amounts already approved. It reduces the overall density of the Fiddler's Creek DR1 from 2.5 residential units per acre to 1.6 units per acre. The amendment would also eliminate 277 residential units which, under the current land use designation and zoning, could be developed on the subject parcel. These reductions, in both project density and the potential number of developable units under the Future Land Use Map, are consistent with the County's goal of reducing development density in this area of the County south of U.S. 41. Fiddler's Creek is not a "single-use development." The Fiddler's Creek DRI is an ongoing master planned community consisting of residential, recreational, social and commercial uses, along with impressive amounts of "preserve" and open space areas, in addition to residential use, the Fiddler's Creek Master Plan provides for commercial use, golf courses and other recreational and social amenities on site to address the daily needs or, the residents of this community. The Fiddler's Creek's plan amendment does not authorize uses "in excess of demonstrated need". This amendment does not increase the number of dwelling units or the amount of commercial development approved through the DILl and County PUD processes. 2 I I I I I I I I I I I I I I I I The only increases in uses are the acreages planned for preservation, open space, lakes and recreation. There is, however, a demonstrated need for solving drainage problems originating to thc north of the project. The surface water management system that will be implemented under the revised Fiddler's Creek DRI/PUD Master Plan (See Exhibit 3 and the NOPC) filed simultaneously with the Plan Amendment will provide a substantial benefit to Collier CoUnty in its efforts to solve long standing drainage problems originating to the north of U.S. 41 and to improve storm water sheet flow across the site onto the stale-owned wetlands system south and west of the site. These benefits will result from the on-site drainage easements granted to Collier County and the creation of the spreader-swale system previously discussed. Sec Exhibit 13. t 2. Indicator: Promotes, allows or designates signijqcant antottnts of urban developn{ent to occur itt rural areas at substantial distances front t:risting urban areas while leaping over undeveloped lands which are available attd suitable for development. This Plan Amendment: The acreage comprising this Plan Amendment is immediately adjacent to and east of the existing urban area boundary. There is no rural or undeveloped land which this parcel is bypassing or "leaping over." The existing land uses and zoning to the north and east of this parcel cannot be characterized as "rural." (See Exhibits 4 and 5.) The approved Fiddler' Creek DRI is within the designated "urban" area. The proposed addition of adjacent land does not constitute "leap-frog" development. The subject parcel will be an extension of an approved DRI/PUD master-planned commumty consistxng of mixed land uses. Properties to the east of the subject parcel are zoned RSF-3, for mobile homes, recreational vehicles, and golf course, and to the north are parcels zoned commercial, trailer park and industrial. These existing uses are more intense than the use authorized on property to be added to Fiddler's Creek and are further from the urban boundary. Under the existing facts, the proposed amendment constitutes "in-fill." It is the exact opposite of the "leap-frog" development described in this indicator. Indicator: Promotes, allows or designates urban development itt radial, strip, isolated or ribbon patterns generally emanating front existing urban developments. This Plan Amendment: By no stretch of the imagination can the proposed plan amendment be characterized as "urban development in a radial, strip, isolated or ribbon pattern." Instead, the plan amendment allows a logical extension of the existing Fiddler's Creek DRI/PUD community. The parcel will be incorporated as an integral part of the Fiddler's Creek DRI pursuant to the NOPC filed for approval by Collier County with this proposed Plan Amendment. The Amendment does not "promote, allow or designate" industrial, commercial, office or other "urban" uses along the portion of U.S. 41 that forms the northern border of the subject property. The shape of the Plan Amendment area is not a "ribbon", "strip" or "radial", no¥ is it "isolated" fronl other uses. Thc property that is thc subject of the plan amendment is bordered on the north by U.S. 41, on the south by jurisdictional and state-owned wctlands,~.on tile west by l'~ddler s Creek and tm the cast by more intense, urban development. There are approved commercial and recreational uses widNin tile Fiddler's Creek DRI/PUD and tile entire community is an integral part ot' tile developing Naples-Marco Island growlh area. The subj~ect parcel is less than 1 ~A miles Frmn two public schools and a regional public park site. Indicator: As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such a.~; wetlands, floodplains, native vegetation, environmentally sensitive Areas, natural i. groundwater aquifer recharge Areas, lakes, rivers', s'horelines, beaches, bays, estuartne s.¥stertt~, and other significant natural systetm'. This Plan Amendment: The majority of tile land comprising tile Growth Management Plan Amendment is cleared and has been used for decades as fitrmland for the production of row crops. Although there are wetland areas on site, virtually all of the land to be actively developed has been previously cleared for agricultural purposes. Thc wording of the Plan Amendment places a 10 acre limit on the amount of South Florida Water Management I)ist'rict jurisdictional wetlands that may be impacted by the subject parcel. In fact, the project Will protect and conserve 380 acres of wetlands and 70 acres of native upland vegetation, including all environmentally sensitive areas. Areas to be developed have been previously cleared and utilized for cultivation of row crops. Thc project will also benefit off-site wetland areas by regulating sheet flow and periodic massive discharges of water onto those areas that result from thc currently permitted agricultural operations, i The Amendment also prevents the location of any residential units on the Section 29 portion of the parcel, all of which will be preserved or retained as open space, with some limited passive recreational use authorized. The Master Plan calls for the creation of a creek (Fiddler's Creek), a spreader-sWale system that will enhance sheet flow and drainage onto state-owned wetlands to the south of the project site. In addition, the developer has agreed to provide an easement so that run off from north of U.S. 41 can be routed to and accommodated within the spreader-swale system. This will assist the County in its efforts to reduce existing drainage problems in the area north of Fiddler's Creek. Once approved, the addition to Fiddler's Creek will consume less potable water annually than the current on-site agricultural operation is permitted to consume. ': The Amendment, and implementation of the NOPC, will result in preservation of 380 acres of wetlands and 70 acres of uplands virtually all of the significant natural features on site. The Amendment will result in increasing the acreages devoted to recreation and open i' space within Fiddler's Creek, without adding any new residential previously approved for thc project. units to tile number A system of lakes will be created on the land, with virtually all natural wetland ama preserved, as shown on the DRI master plan. There will be a significant benefit lo tile public as a result of the improvement of the arca's drainage system, affecting state-owned wetlands and estuarine systems to the south and west of Fiddler's Creek. A survey has been conducted to determine the existence of any listed native vegetative and w!idlifc species :tin environmentally sensitive areas and, as appropriate, these will be protected, pursuant to ti~e revised Master Plan submitted with thc DRI NOPC. Indicator: Fails adequately to protect adjacent agricultural areas attd activities, including silviculture, attd including active agricultural attd silvicultural activities as well as passive agricultural activities attd dormant, unique attd printe farntland.~ attd soils. This Plan Amendment: Although the land in question has been cleared and used for agricultural production of rmv crops for years, it is only marginally productive, which is one reason that the agricultural operations on this parcel are being abandoned. The agricultur~al characteristics of the land in question are neither "unique" nor "prime." A review of the Soil Survey of Collier County shows that there are no prime farmlands located within the Plan Amendment Area. See Exhibit 11, letter from Steve Means of Wilson-Miller. There are no "existing adjacent agricultural areas and activities" to the south or east of the subject plan amendment acreage. To the north is U.S. 41 and to the ,,vest, the Fiddler's Creek DRI/PUD. Therefore, there are no adjacent agricultural areas which need to be "protected" or which are affected by this amendment. 6. Indicator: Fails to maximize use of existing public facilities attd services. This Plan Amendment: See response to number 7, below. Indicator: Fails to maximize use of future public facilities and services. This Plan Amendment: The subject Plan Amendment acreage is within thc existing scrvi,cc area of both the Collier County Water-Sewer District and the Rookery Bay Utility Company. Therefore, centralized water and sewer facilities and services will be provided to the entire Fiddler's Creek DRIfPUD, including residential units to be located on thc subject acreage2 · The infrastructure for the Fiddler's Creek DRI, including the construction and maintenance of internal water and sewer lines will be provided, at no public cost, by Fiddler's Creek Community Development District, established pursuant to Chapter 190, Florida Statutes. The infrastructure provided by the Fiddler's Creek CDD is more fully described in the response to urban sprawl indicator number 8, below. 5 ~ The proposed addition to the Fiddler's Creek community is less than 1 ~A miles from an existing regional public park site and from eXisting elementary and middle schools. A 4lA acre parcel within Fiddler's Creek has been donated to Collier County for the location of botli a public library and police/fire station. The project's approved transportation access points arc on S.R. 951 and U.S. 41. There will be no change or addition to these access points as a result of this Amendment. Fiddler's Creek provided fill for the widening of S.R. 951, pursuant to the DRI Development Order. Since the proposed Amendment does not authorize any increase in the number of approved residential units within the Fiddler's Creek community, there ~vili be no change or increase to the project's impact on public facilities and services as a result of this Amendment. The Fiddler's Creek community constitutes urban in-fill within the developing Naples- Marco Island area. The Fiddler's Creek DRI, with the Plan Amendment, will assist ~in maximizing thc use of both existing and future public facilities and services. 8. Indicator: Allows for land use patterns or timing which disproportionately increase the cost itt tinte, money attd energy, of providing attd maintaining facilities attd services, including roads, potable water, sanitary sewer, storm water management, l,aw enforcement, education, health care, fire attd emergency response, and general govern.tent. This Plan Amendment: The proposed Plan Amendment will only result in the addition !of acreage to the Fiddler's Creek community, withaut any increase in the number of approved residential units within the DRI/PUD. Since there will be no increase in the number of approved units, there will be no increase in the projected population of Fiddler's Creek. Therefore, the Amendment will not cause any increase or change in the previously reviewed and approved impacts resulting from the Fiddler's Creek DPt. The Fiddler's Creek Community Development District (CDD) has been established, pursuant to Chapter 190, Florida Statutes, to provide, at no public expense, the infrastructure for the Fiddler's Creek DRI. The Fiddler's Creek CDD will plan, construct and maintain infrastructure needed within the DRI, including thc internal road network, the water management and lakes system, drainage control, street lighting, water and sewer lines. landscaping and internal security. The Plan Amendment Area will be brought within tile Fiddler's Creek Community Development District after tile Plan Amendment is adopted. , Considering the total projected population of Collier County, using the current densities authorized in the Future Land Use Map and Element, the Plan Amendment will eliminate the 277 units that could be developed on the subject parcel under the current zoning and agricultural land use designation. From this perspective, the plan amendment will result in a net reduction of the total number of dwelling units authorized by the Growth Management Plan and therefore a reduction in the costs of providing public facilities and services listed in the above urban sprawl indicator. The amendment does not increase thc cost of providing or maintaining public services or facilities. As noted above, two public schools are within I~,~ miles of the subject parc~:i. A site for library and fire/police station has been ttmmlcd, m~ site, hy l:iddlcr's Creek. Central potable water and sewer service is available. Roadway access points and traffic impacts are not changing from those previously reviewed and improved. ::~ 9. Indicator: Fails to provide a clear separation between rural attd urban uses. This Plan Amendment: Given the location of this Growth Management Plan Amendment, agd the characteristics of the surrounding land uses, this factor is not applicable. The proposed Plan Amendment may be accurately characterized as constituting "in-fill." Thc existing Fiddler's Creek DRI/PUD is within the urban designation, and is immediately west of the plan amendment acreage; U.S. 41 forms thc northern boundary of the parcel; there is additional residential/golf course use, with a more intense zoning classification (RSF-3) to the east; and state-owned wetlands and preserve areas are to the south of the land. 10. Indicator: Discourages or inhibits in-fill development or the redevelopment of existing neighborhoods and communities. This Plan Amendment: Far from discouraging in-fill development, this plan amendment is an example of in-fill development. The Plan Amendment is necessary in order to integrate t~e subject area into the existing previously approved Fiddler's Creek DRI/PUD community, located adjacent to and ,,vest of the parcel. To the east of the parcel is an existing residential golf course community, zoned RSF-3. To the north is U.S. 41 and commercial and industrial parcels. The amendment will not discourage or inhibit the redevelopment of any other existing neighborhoods or communities. 11. Indicator: Fails to encourage att attractive and functional mLr of uses. This Plan Amendment: Thc Fiddler's Creek project is a master planned community, providing a variety of housing types and an attractive and functional mix of uses, including commercial use. The project provides large quantities of open space, preserve areas and golf course vistas. The existing development at Fiddler's Creek and the revised (NOPC) master plan demonstrate that the project is becoming not only a functional community, but one that is first rate, aesthetically. In the larger context, Fiddler's Creek is a logical and integral component of Ce Naples/Marco Island/U.S. 41 area which is experiencing rapid growth, with a variety of land uses. 7 I2. Indicator: Results in poor accessibiliO' among linked or related land uses. ' This Plan Amendment: The Fiddler's Creek DRI Master Plan is being revised to extend ti~e internal road network to serve the Plan Amendment Area. Residents will have excelldnt accessibility to all areas and uses within the community as well as the regional road network, Fiddler's Creek has two approved roadway access points on both U.S. 41 and S.R. 951. Fiddler's Creek has provided fill, pursuant to the DRI development order, for the widening of S.R. 951. The County's PUD ordinance requires Fiddler's Creek, during evacuation of Marco Island during storm events, to provide access to evacuees across the project from S.R. 951 to U.S. 41. The Fiddler's Creek Master Plan, as revised in the NOPC, establishes that the internal road network will provide residents with excellent access among the residential, commercial and recreational uses within the Fiddler's Creek community, and to areas beyond the community . 13. Indicator: Results itt the loss of signi, ficant atnouttts of functional open space. This Plan Amendment: The addition of this parcel to Fiddler's Creek will change the existing agricultural row crop use to low-density residential. There will be significant increases in the amount and quality of open space areas to be developed as lakes, golf courses, preserves, parks and other open space, in comparison to the existing plowed fields. With the preservation of existing wetlands areas on site as well as the creation of additional lakes and golf courses and other open spaces, the site will be enhanced, both aesthetically and functionally in terms of its value for recreation and for wading birds and other wildlife species. CONCLUSION The Department's Rule 9J-5.006(5) provides that a plan amendment resulting in the presence of one or more of the "primary indicators", described above, does not necessarily require a conclusion that the plan amendment fails to adequately discourage urban sprawl. However, it is abundantly clear that the proposed Collier County plan amendment for 'the Fiddlers' Creek DRI/PUD will not cause any. of the primary indicators of urban sprawl listed in the Rule. I ' fiddlers~lvufl~n.spr '1 I I I I I I I I I I I I I I I. I I I I TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT DATE: SEPTEMBER 16, 1997 PETITION NO. CP-97-3, GROWTH MANAGEMENT PLAN AMENDMENT FOR THE FIDDLER'S CREEK PORTION OF MARCO SHORES PUD/DRI(TRANSMITTAL HEARING) AGEN£/A~PLICANT: Agent: George L. Varnad0e Young, van Assenderp and Varnadoe, P.A. P.O. Box 7907 Naples, FL 34101-7907 Petitioner: D Y Associates Joint Venture (Contract 4001 North Tamiami Trail, Suite 350 Purchaser) Naples, F1 34103 Owner: Gargiulo P.R., Inc. 15000 Old US-41 Naples, FL 34110 GEOGRAPHIC LOCATION: The subject property, containing 1,385 acres, is located on the south side of US-41 East, 2h miles east of SR-951. The site abuts the east side of the Fiddler's Creek portion of the Marco Shores PUD/DRI (F/K/A Marco Shores Unit 30) and is in the Royal Fakapalm Planning Con~nunity. (Please see location map on the following page.) REQUESTED ACTION: This petition seeks to: Amend the Future Land Use Element (FLUE) to allow a reallocation of an unspecified nu~er of dwelling units in the existing approved Fiddler's Creek/Marco Shores PUD/DRI, located in the Urban and Urban Residential Fringe designated areas, into certain lands to be added to the PUD/DRI, located in the Agricultural/Rural area. The proposed text change is to the Agricultural/Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict, Paragraph A.i., page LU-I-39, as follows: I I I I I I I I I I I I (proposed text is underlined) I I I I I I I I I I I I I I I I A. Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistrict The 9urpose of this Subdistrict is to protect and encourage agricultural activities while providing for low density residential use in outlying areas. Residential land uses may be allowed at a maximum density of i unit per 5 gross acres. Existing units agproved for the Fiddler's Creek may be reallocated to those parts of Sections 18, 19 and 29, Townshi9 51 South, Range 27 East, added to Fiddler's Creek PUD at a density greater than ~1 unit per 5 gross acres provided that no new units are added to the DRI and South Florida Water Management District jurisdictional wetlands ~mpacted by the DRI in said Sections do not exceed 10 acres. PUI~POSE/DESCRIPTION OF PROJECT: Based upon this petition and the submitted rezone and Development Order amendment petitions, the petitioner proposes to incorporate the subject 1,385 acres into the existing Fiddler's Creek/Marco Shores PUD/DRI to develop a residential-golf course community. An unspecified number of dwelling units will be reallocated from the existing approved Fiddler's Creek/Marco Shores ?UD/DRI to the added acreage; however, no additional dwelling units will be added to the overall PUD/DRI. SUI~/~O~ING I~ USEr ZONING A/~D P~JTUI~E I2~ USE DESIGNATION: Subject Site: The site contains active farm fields and undeveloped lands, including wetlands, and is zoned A, Rural Agricultural. The property is ~esignated Agricultural/Rural (Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict) on the Future Land Use Map. Surrounding Lands: North - Across US-41 East, farm fields zoned A, Rural Agricultural; concrete plant zoned I, Industrial; undeveloped land zoned TTRVC, Travel Trailer Recreational Vehicle Campground, C-4, General Commercial, and C-5, Heavy Commercial. Abutting in Section 20, sparse single family dwellings around a golf course zoned RSF-3, Residential Single Family and GC, Golf Course; undeveloped land zoned A, Rural Agricultural. All designated Agricultural/Rural, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict. East - Mobile home park zoned VR,' Village Residential; undeveloped land zoned A, Rural Agricultural. Ail designated Agricultural/Rural, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict. I I I I I I I I I I I I I I I I I I I South - Excavation pit zoned A, Rural Agricultural with a conditional use; undeveloped land (wetlands) zoned A, Rural Agricultural. All designated Agricultural/Rural, Agricultural/Rural - .' Mixed Use District, Agricultural/Residential Subdistrict. ~ West - Active and fallow farm fields zoned PUD, Planned Unit Development (Fiddler's Creek/Marco Shores, permits ~34 acres of commercial uses; 6,000 dwelling units at a density of 2.55 DU/A; golf course; preserve areas; parks; school site; associated utilities, lakes, etc.). Designated Urban, Urban - Mixed Use District, Urban Coastal Fring~ Subdistrict and Urban Residential Fringe Subdistrict. ~ STAFF ANALYSIS: Environmental Impacts: The site presently contains active agricultural fields and a variety of habitats, including some wetland areas totaling some 375+ acres. Environmentally sensitive habitats on site will be preserved and enhanced through site design and dedicated preserve areas. The wetland areas are subject to USACOE .and DEP jurisdictional determinations and regulations. The EIS indicates the presence of some listed plant and animal species, including Bald Eagle and Gopher Tortoise. The site is not in close proximity to any wellfields or cones of influence. Effect on High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population i!s defined as a potential increase in county-wide population by more than 5% of the BEBR (Bureau of Economic and Business Research) high range projections. This petition does not increase the number of dwelling units. Therefore, population in the County is not increasing. The amendment eliminates 277 potential new dwelling units (1,385 acres/1 DU per 5 acres = 277 DUs). However, this petition does result in a redistribution of p~pulation from the Urban designated area into the Agricultural/Rural designated area. Public Facilities Impacts: Because this petition will not increase the number of dwelling units to be built in the Fiddler's Creek/Marco Shores PUD as a whole, and no new access points are proposed onto external roads, there should be no increased impacts upon LOS standards for any of the following public facilities: potable water, sanitary sewer, drainage, solid waste, arterial and collector roads, or parks and recreation. The subject acreage is within the Collier County water/sewer service area. I I I I I I I I I I I I I I I I I I APPROPRIATENESS OF CHANGE/ISSUES: In Exhibit "J" of the application, the petitioner states th!e proposal to add 1,385 acres to the subject PUD/DRI is "in order to reduce the density of the project and to provide additiona!l recreational amenities for the residents of this community." Thfs can be accomplished without an amendment to the GMP. The 1,385 acres can be added to the PUD/DRI, thereby reducing density, and 'a golf course can be approved as it is an allowed use in thee Agricultural/Rural designated area. At one dwelling unit per five gross acres, the site would yield 277 dwelling units. When confined with the existing PUD, the project would actually result in not only a density reduction, but the elimination of 27'7 dwellings which could otherwise be constructed on the subject parcel. The petitioner references the rezone petition approved last year which added 690 acres to this same PUD, without addition of any dwelling units. Said added lands are designated Urban, Urban - Mixed Use District, Urban Coastal Fringe Subdistrict. That rezone was deemed consistent with the FLUE based upon staff interpretation GP-50-I, rendered in May 1996. In deliberating and rendering that interpretation, staff considered the following: 1) that.both t~e transferring and receiving properties were in the Urban designated area, even if in the Fringe areas; and, that the transfer site was believed to be unique such that application of the interpretation would not/could not be repeated (though the Marco Shores PUD was not identified in the interpretation application, this was deduced by staff). The subject amendment has been filed because staff disagreed that, and would not interpret that, the propose~ reallocation of units into the Rural area was consistent with the FLUE. Rule 9J-5.006(5), F.A.C., includes guidelines to determine if a GMP amendment discourages urban sprawl. It contains a list of the primary indicators of urban sprawl, and provides the methodology to determine if they exist and to what extent. The petitioner provided a response to each of these indicators in Exhibit ~J" of the application. It is staff's opinion that the primary indicators of sprawl are not present in this application, most notably due to the presence of County water and sewer facilities, adjacent developments east and north of the subject site developed at greater densities and intensities of uses than the Fiddler's Creek project, open spaces are increased, and the project will not result in any increased costs of providing roads, water, sewer, stormwater management, or other services. The Florida Department of Community Affairs is responsible for the final determination as to whether a Plan amendment encourages ~sprawl". The FLUE indicates the Urban designated area is intended to accommodate higher densities and intensities of land use and the I I I I I I I I I I I I I I I I I I I associated urban support facilities and services as well as the majority of population growth and new intensive land uses. Generally, allowable residential densities vary from 1.5-16 dwelling units per acre (DU/A), depending upon project location!, type, etc. The Agricultural/Rural area is intended for lo~ intensity land uses. Residential development is limited to dwelling unit per 5 acres. Urbanization is not promoted. The subject request is not a reallocation of DUs within the Urban area - it is a reallocation from the Urban area to th~ Agricultural/Rural area. This transfer of dwelling units (and population) from the Urban area to the Rural area could be perceived to blur the distinction between the Urban and Rural designated areas. However, properties further to the east are developed at greater project densities than the Fiddler's Creek project (i.e. Boyne South at 3 dwellings per acre). Failure to provide a clear separation between rural and urban uses is an indicator of urban sprawl. The subject site is within a corridqr in which there is no clear distinction indicating a transition from urban to rural designated lands given the existing zoning and development patterns. Although staff typically expresses concerns relative to precedent, staff finds no comparable PUD adjacent t~e Urban Boundary which might attempt to make a similar argument. The proposed PUD rezone/amendment petition, dependent upon this GMP amendment, will add the subject 1,385 acres to the existing 2,379 acre Fiddler's Creek/Marco Shores PUD, a 58% expansion in land area. The resulting density change is from 2.55 DU/A to 1.6 DU/A. This proposed text amendment is restrictive enough that a reallocation of dwelling units from the Urban area to the Rural area is limited to the Fiddler's Creek/Marco Shores PUD only. In summary, it is staff's opinion that the subject amendment does not promote urban sprawl nor set a precedent for similar plan amendments. Staff has also completed a comprehensive review of the proposed amendment and determined that no level of service impacts will resul% from the amendment and that regional drainage will be enhanced through project development. Additionally, the existing development and zoning pattern along U.S. 41 in the vicinity of the project is indicative that the Urban boundary once encompassed this area, as development at true urban densities exist to the east and north of the subject parcel. The parcel is also within the Collier County water and sewer service district boundaries and is therefore not remote from urban services. 5 I I I I STAFF RECOMMENDATIO~: That the CCPC forward Petition CP-97-3 to the BCC with a recommendation to transmit this Petition to the Florida Department of Community Affairs and Southwest Florida Regional Planning Council. PREPARED BY: APPROVED BY: ' ! DATE: C[ Cz Donald W. Arnold, - - ~ ' Planning Services Department Director V~ncent ~. Cautero, AICP, Administrator Community Development & Environmental Services Div. I I I I I I i I I I I Petition Number: CP-97-3 Staff Report for October 2, 1997 CCPC meeting. NOTE: This petition has been advertised for the October 14, 1997 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN CP-97-3 Staff Report Fiddler's Cxeek EXECUTIVE SUMMARY PLrITI'ION NO. CP-97-3, GEORGE L. VAR.NADOE, OF YOUNG van ASSBNDBRP AND VARNADOE, P.A., ~UES~G A GROWTH MANAG~ PLAN AMEND~ OF THE ~ LAND USE ~ TO PROVIDE FORt~TiIi REALLOCATION OF RF~ID~ DWt~!.rlqG UNFFS FROM PORTIONS OF THE FIDDLER,'S CREEK PUD/DRI LOCATED IN TIlE URBAN COASTAL FRING~ AND URBAN RP~IDENTIAL FRINGE DESIGNATED AREAS TO SPECIFIF.,D LANDS LOCATED I2q 'FHE AGRICULTURAL/RURAL DESIGNATED ARF~ OF TrrE FUTURE LAlqD USE MAP. OB3Ec'rI%r~: To have thc Board of County Commi~;s'ionex~ con.~idc~ thc transmittal of a Growth Management Plan amcr, dm~t which would authorizc thc reallocation of dwc~l~,~g units frcrrn Urban portions of thc Fiddler's Cre, e.k PUD/DRI to [ands currently de. signatcd AgriculturaF Rural. CONSIDE~TIONS: Th~ Fiddlers ~cck PUDfORI is located on the south sid~ of U.S. 41 ~ epproxlmately 2 'A rnilcs cut of State Rnad 951. The pro[3cl'~ which ~ tl~ subjcct of' thi~ Plau amcudmcut is located {rnmediat~Iy tu the ~ and South of the ~n-eut project boundary ~d comlsts of 1,385 ,mre~. Th~ existing PLTO/DRI ~ of 2,379 acr~ 6,000 approved dwellinS~, aud a projex:t deusity of 2.55 dulmere. ! The tra~fer of dweUin~ unit~ fxom within Ge Urban ~r~ to land~ outside the Uxban mca would xe~ult in a redu~ ofti~ ovurmll Fiddlcx's Creek tm~ect denelty to 1.6 alu/acre. This pe~on seeks t~ smend the Fr.~:v._~ Ltt~l Usc ~ ~) to ~ow a ~~on of~ ~~ n~ of dwel~-~ ~ ~ ~e ~g ~ ~'~ bc ~ ~ ~c P~~ I~ ~ ~c ~~ ~ ~ ~ ~ c~gc ~ ~ ~c ~~~ ~~ A~~~ - ~ U~ D~ A~~~d~ S~~ ~h ~1., p~e LU-I-39. At the Plau~i,,~ Comml~on heating, m:ff md thc p~fioncr ~ the CCt'C with · m~h:d text which mor~ ~ pruvid~ fc~ a gro~ d~ figure of 1.6 units per sere for the ovexall Fiddler's Creek project ~nd ~ ~ the pcnmiuu of Section 29, Township 51 South, R~nge 27 Bast ~ not cont,~dn any dwelUng uuitm. , Thc amem/~ text, as approved by ~ l:q~ng C,~-m{~iou, i~ as ~llow~: ..; - OOT 1 Agriculmral/Parral-Mi. xcxt U~e District t. Agricultvral/Re~dcntial Subdi~trict- The pm'po~e of thi~ sv~ct is to l~x~tect at~d cacomge agricultural activifie~ wkilo providktg for low denstty ve~idemtial tree in outlying areas. Reafidential land uscs m~ tm allow~xl at a maximum d~tmity of I unit per 5 gro~ aere~. Existing u~t~ ~pta;rve~ for the Fiddl~'s C~k DRI~ ~m be te~tl~teal _to_khose.p _m't~ o..f Sections 18 ~nd 19. To~n_ship~_51 South. It_tm~ 27 Ea~ added to Cree~ DRI ;ogether.wi~ part of. Section 29.Yowns~ip 51 Sonth~ Range 2/ ~a~_~L at ~t dens[~ ~eater than~l unit r, er 5 ~s~_acte~ _ra~vidM that no umts_ar~ a&led to tl~ 6,000 ~reviondV- _a~Proved unit~, whicJa £¢sult~ in a _~'oa$ density_ of 1.6 m'tita per ~ere for the Fiddler'~_C~0k DRI: ~md furttt~ r, rovidtxl that ~.o.n~idential units shall b~ located on that part of Section .within tt~e Fiddler's ~;Lf~al~prnvjd.e0 lha.t ,qo.t~th Florida Wtaer b'lanagem~t DD;triet i.m4sdietional we;.l<gls impaeteA by the DRI jn Said $~tions do ~o~ exeeM 10 In reviewing the propo~d ataendment, staffeonsidered the potential impaclx t~ the environment, effect on hiEh ran§c popul~op proj~tior~, impact to public faeilitiea and whether the amendment would camstiltzte urban ".sprawl" as defined by thc Department of Community Affairs. The sttb,icct site is an at;five agficathui'al ~ wMCh ~ ~I~ ~mc w~. B~ ~ ~e ~mdefl text l~ge, a ~im~ of 10 ~ ofj~icfion~ w~l~ ~y ~ ~pa~ by ~el~ ~ ~s ~e~ ~ ~~ d~s not ~cr~ ~c n~ of dwcl~ ~ ~, ~ ~ eli~n~ a to~ of 2?7 dw~ o~i~ ~c U~ imp~ by ~e m~mt f~ ~ ~ 1. No new ~ points arc cr~at~ to ser~ the project axxl therefore it has no impact tm flxe level of ~wriee for external roadways. 3. Tbe~e are no impacts to any other fadliXy l~4ng LOS etruria'ds. It is ~taff's ophiou that tlxc tcxt amc~mcm will not ~t a pvee.~mt for ~mlhr plm · m~ndxam~ ,,~ ~ ¢amaot iOa,;;;¢y azD' other &-vclopmcat which is with rc~p~ ~ the U~n ~omaaary. n~. P,.e4 TI~ l~dtioncr has ~ that th~ Covnt~ not r~quest an Obj~ ~~~ FIS~ IM'PA~: None. GROWWrKIt MANAGEMENT IM'PACT: TI~ propomu8 smeudmmt will have no impact on tomy facility having a lwct of ;crvice requiremcut. PLANNING CO1V[1VIISSION I;[ECOMlkIENDATIO1V: The Collier County Plauni~g Commission heard this petition on October 2, 1997, and ummimously 11:~~ ~ petitlml bo trans~tt~ to the l:lerida Depa~ha~nt of Cumrm~flily Affairs and So~hwe, st Florida gegioml Plamfing Cmm~il, subject to the amelxled tcxt noted above vdxich prulfib}ts dwellLng6 from being locmtcd ia portions of Sou-'fiou 29, Towuship ~t South, l~,,~LZc 27 No pcrsons q:,o~ for or -~,~ this peftion at the Pl,umin~ Coumalssiou's public heariug ~d no con'cspoudcncc has bccu t*ccciv~. ~by:. DONA'Lb W. AIt.NOLD, AICP, DIRECIOP. PLANNING SERVICES DEPARTMENT 12AI FIDDLER'S CREEK / MARC° SIIORES DRI NOTICE OF PROPOSED CHANGE Agenda Item #3(b) BACKGROUND. The Fiddler's Creek Development, or Unit 30, is a portion of a larger Development of Regional Impact (known as "Marco Shores"), located in southwestern Collier County, and in the vicinity of Marco Island (see Attachment I, "Location Map"). The larger DRI is unusual in that it includes a number of non-contiguous land development areas, which together were the subject of a law suit involving the original developer, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources (now both FDEP), the Florida Department of Community Affairs (DCA), Collier County, and various private conservation organizations. The Settlement Agreement ending the law suit was entered into on July 20, 1982. On June 12, 1984, the Collier County Board of County Commissioners approved the DRI Application for "Unit 30, Isle of Capri Commercial And Key Marco (Horr's Island) And Part of Marco Shores Planned Unit Development" (hereafter known as The Marco Shores DRI). The original D.O. approved development within three main areas. The areas and development approvals were as follows: 1) Unit 30:9,110 residential units (primarily multi-family), with parks, recriation areas, schools, utility sites, community facilities, churches, lakes and roads; all on 1,645.91 acres. 2) Isle of Capri Commercial Area: neighborhood commercial uses (unspecified); located on 7.44 acres. 3) Key Marco/Horr's Island: 300 multi-family units, with parks and recreation areas; all on 212.89 acres. A fourth area, known as The Ooodland Marina, was included within the Settlement Agreement, but was not originally part of the DRI. Later changes to the DRI (see below) added a l$0-room hotel, restaurant and utility site to the Isle of Capri Commercial Area, reduced the number of residential units within Unit 30 to 6,000 units, added a hotel/resort to Unit 30, and combined the marina with the remainder of the DRI. Regional staff believes that the entire Marco Shores Development is currently approved for the following development areas and uses: a) Unit 30 (approved for 6,000 units, on 1,689.11 acres, with a 33.6-acre commercial area containing 325;000 square'feet of commercial space); b) Isle of Capri (approved for a 150-room hotel, accessory uses, a restaurant site and a utility site on 7.44 acres); c) Horr's Island (approved for 300 units on 212.89 acres); d) Barfield Bay Multi-Family (approved for 314 units on 49.04 acres); e) John Stevens Creek (approved for 72 units on 14.54 acres); f) Goodland Marina ( approved for marina uses on 15.83 acres). The Fiddler's Creek portion of Unit 30 is currently under construction for the water management system, internal roads, golf course and clubhouse. PREVIOUS CHANGES Regional staff is uncertain regarding both the manner in which some portions of the Marco Shores DRI were designated as separate development areas and as to the amount of development that has taken place in these areas. Some approvals for development seem to have occurred through administrative actions that were not transmitted to the Southwest Florida Regional Planning Council for recording purposes. These administrative actions were related to certain D.O. stipulations regarding 'fractionalization of tracts". The actions allowed the original DRI to be broken up into the subdivisions listed above and also allowed the Goodland Marina to be considered as part of the DRI. However, the following D.O. amendments have been adopted by Collier County. Resolution #84-237, adopted by the Collier County Board of County Commissioners on December 11, 1984. The original Marco Shores Development Order had been appealed by the Florida Department of Community Affairs (DCA) based, primarily, on traffic concerns. This resolution authorized acceptance, by Collier County, of the Settlement Agreement between the original developer (Deltona Corporation) and DCA. The amendment also contained revised transportation language which: Included specific provisions for the manner in which a substantial deviation determination (NOPC review) could be requested by the Developer. The original D.O. had not included specific provisions regarding substantial deviation reviews. bo Included a definition of "Substantial Impact" on the regional roadways impacted by the Marco Shores Development (primarily U.S. 41 and S.R. 951). Co Included a provision recognizing that the Florida Department of Transportation (FDOT) would require right-of-way from the developer for expansion of U.S. 41 and S.R. 951. Resolution #88-117, approved by the Collier County Board of County Commissioners on May 24, 1988, amended the commercial uses to be allowed within the Isle of Capri Commercial Area. The Resolution allowed a 150-room hotel/motel, up to four stories in height, restaurants and certain accessory uses to be constructed within the Commercial Area. Previously, this area had been limited to 'Neighborhood Commercial". The Resolution also stipulated certain development standards and required vegetation buff'ers I I I I I I I I I ! i' 5) for a utility area located on the northwest comer of the property. The Resolution included environmental, water management, traffic, utilities and engineering conditions tailored specifically to the property. The owner of the property (Isles of Capri Civic Association) committed to not begin site cleating or filling activities until after the four-laning of State Road 951. Vertical development was prohibited from taking place until completion of the road widening. Resolution//89-149, approved on June 13, 1989, reduced the residential unit total for the entire project from 12,340 to 10, 230. The D.O. 'Fractionalization of Tracts" section was amended with stipulations regarding actual and potential violations. The entire DR1 was limited to 10,001 multi-family units. The northern golf course within Unit 30 was recognized as a hotel/resort area. The owner of Unit 30 was given permission to create a Community Development District for the site. Changes were made to the Unit 30 drainage plan. The developer was allowed to contribute fill, from a designated borrow pit site, for the expansion of State Road 951, in lieu of traffic impact fee requirements. Internal road connections to S.R. 951 were allowed to be placed on a phasing schedule based on the schedule for improvements to the highway. The County authorized use of the construction entrance road (from U.S. 41) as an emergency access point. Finally, the developer committed to not constructing a causeway between Unit 30 and Unit 27. Resolution #96-333, approved on July 23, 1996, resulted in the 'curren~t" land use approvals, as described for Unit 30, above. The resolution reduced the number of residential units in Fiddler's Creek from 7,000 to 6,000. The overall residential acreage (and project acreage) was increased by 22.9 acres. The Fiddler's Creek/Unit 30 commercial area was reduced from 43 acres (or 47 acres) to 33.6 acres, and the commercial area was defined as having approval for 325,000 gross square feet of commercial space. An additional 201.37 acres was added to existing preserve acreage. Finally, the project's Master Plan was amended to reflect the listed changes. Resolution #96-530, approved on November 26, 1996, added 690-acres to Fiddler's Creelc, portions of which are in Section 13 located adjacent to the northeast portion of Unit 30. With this addition, the overall acreage of Unit 30 would increase fi.om 1,689.11 acres to 2,379.11 acres. No increase in units was requested and as such, the residential density changed from 3.55 units/acre to 2.52 units/acre. This change also increased the lake, open space and golf course use by 293 acres. Finally, the change authorized the developer to seek the establishment of a new community development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district for Fiddler's Creek. PROPOSED CHANGES The developer of Fiddler's Creek (D Y Associates $oint Venture) is requesting to add portions of Section lg, 19, and 29, consisting of approximately 1,385 acres to Fiddler's Creek and the extension of development order termination date by four years, eleven months for a total of 34 years eleven months until the year 2019. No additional units or commercial usage is being added to the project. Total amount of lakes, open space, golf courses and parks will increase from the 1996 approved plan by 635 acres, 450 acres will be considered preservation area. The additional residential acreage will result in a reduction in the project's density from 2.52 to 1.6 dwelling units per acre. , Attachment II shows the currently approved Master Plan for Unit 30 of the Fiddler's/Marco Shores DRI. Attachment III shows Fiddler's Creek; the proposed additional land area; with a proposed parcel Master Plan. CHARACTER, MAGNITUDE, LOCATION The proposed changes would not affect the character of the DRI; which will remain a largely residential development, with some commercial acreage. The magnitude and location of the DP, I: would be affected by the proposed changes. The applicant is proposing to add new land area (1,385 acres) to the DRI. The additional acres would be utilized as a golf come/residential development, connected to the currently approved Fiddler's Creek residential development. Lakes and water management areas would also be included in the proposed amended Master Plan. According to Section 380.06(19)(e)3, Florida Statutes. (in part): ~ 'Any addition of land not previously reviewed...shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence.' REGIONAL GOALS, RESOURCES OR FACILITIES The proposed addition of land to Fiddler's Creek has the potential to effect five regional goal areas: Wetlands, Stormwater Management, Transportation, Hurricane Evacuation and Agricultural Production. The proposed land addition could also potentially impact a Regional Transportation Facility: U.S. 41 ('ramiami Trail). Wetlands and Stormwater Management The majority of the subject property is currently utilized for agricultural row crop production. According to the applicant's environmental consultant, the proposed development design preserves potential wetlands in the south half of section 19, incorporates 3 reserves areas within the site plan totaling approximately 41 acres, and a 190 acre reserve on the west half of section 29 will preserve native vegetation. Approximately 204.5 acres of lakes will be created to provide habitat and recharge functions of greater value. It is anticipated that wetland and upland enhancement, primarily exotic eradication, maintenance, and monitoring, will be included in the mitigation plan. This change will result in better water management and disbursement of surface water into State owned wetlands to the south of the Fiddler's Creek DRI. The expansion of the Fiddler's Creek spreader swale to include the land being added, from that approved in the last addition of land change, will provide improved water quality to the water being discharged into state owned wetlands to the south. Also, Collier County has experienced drainage problems north of U.S. 41 and has been attempting for years to mitigate or solve those problems. The provision for accepting this drainage and ultimately accommodating it into the spreader swale disbursement system will assist the County ia this regard. In summary, no additional regional impacts regarding wetlands will occur, in fact, the proposed surface water management system should enhance the productivity of both on site and off site wetlands. Regional staff examined the impact of the development on U.S. 41 by using the Collier County MPO traffic impact model until the year 2020. The results indicated that the expansion of the development, will have no additional adverse impacts along U.S. 41 in the project vicinity. Hurricane Evacuation.. Both U.S. 41 and S.R. 951 are Regional Hurricane Evacuation Routes. The latter roadway is one of only two routes between Marco Island and the mainland. Since the majority of thc Marco Island area experiences flooding in a Tropical Storm, thc entire area must be evacuated in any hurricane event. The Fiddler's Creek Development is located within the Tropical Storm, Category I and Category 2 Storm Surge flooding zones, as delineated by the currently approved Marco Shores Development Order contains a number of hurricane evacuation conditions for Unit 30 (including Fiddler's Creek). Since the developer is not proposing to increase the number of!, residential units in Marco Shores, but is simply proposing to spread the currently approved ~. number of units over a larger area, there should be no increase in evacuation impacts. Finally,': the currently approved number of residential units within the development is less than the! number approved in the original development order. Therefore, the hurricane evacuation impacts of the DRI should also be decreased. ~Agricultural Production.. ° The following discussion is a reiteration of this issue from the last change for this project in 1996. The conversion of 819 acres farmed upland acres from agricultural production to residentiaFgolf course development will to some degree impact winter vegetable farming in the southwestern portion of Collier County. The planned conversion of this farmland to residential uses is consistent with a long-term decline of row crop production in the Region, in favor of urban uses and, more recently, citrus production. While; given the Region's (and Collier County's) growing population, the decline of Florida crops due to foreign competition, and the rise of the citrus industry in Southwest Florida; such land conversion could be viewed as inevitable, both the State Comprehensive Plan and the Southwest Florida Regional Policy PIan cont__~in goals calling 'for'the support and preservation of agricultural production in the Region. State Comprehensive Plan Goal 23 reads as follows: ~ 'Florida shall maintain and strive to expand its food, agriculture, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and competitive foroc ia the national and international marketplace." i Regional Goal II-28 reads as follows: 'Agricultural production will increase and diversify." Thus, the conversion of farmland from agricultural production to urban uses appears to be inconsistent with both the State and Regional Plans in this respect. However, a balancing act must be performed when considering this goal area in relation to other Regional and State Goals. As has been discussed above, the proposed change will have a positive impact on the surrounding area's wildlife, wetlands and surface water systems. Furthermore, there appears to be no potential impact on the area's transportation or hurricane evacuation resources. An additional balancing point in the opinion of the current landowner (the agricultural producer) is the future of row crop production onsite is stated as being 'economically uncertain". Apparently, the current landowner feels that a better financial return can be derived from selling the property to the applicant than can be gained by continuing agricultural production. Finally; according to Collier County staff; the applicant will not immediately develop the subject property. Development is likely to proceed on previously approved areas of Fiddler's Creek prior to initiation of development on this additional land area. Agricultural production will continue for at least a portion of the time between approval of the Development Order amendment and property development. Upon cessation of row crop production, the agricultural entity will relocate its activities to other properties in Collier County. I I ! Regional staff has brought up this issue, in part, because of conflict with a Regional Goal and, in part, because of the general need for Collier County (and all Southwest Florida counties) to consider the overall impact of development to the ~Region's agricultural production. Local government willingness to approve conversion of farm lands to urban uses should be balanced by policies encouraging agricultural development in appropriate areas. Such considerations are not specific to any particular development proposal but, rather, relate to growth management as a whole. MULTIJURISDICTIONAL ISSUES The Fiddler's Creek Development is located entirely within unincorporated Collier County. It is unlikely that any impacts of the development will directly effect other local government jurisdictions. LOCAL COMPREHENSIVE PLAN CONSISTENCY The proposed DRI .amendment will need a local comprehensive plan amendment. The comprehensive plan amendment will add langu:age to the Agricultural/Residential Subdistrict to accommodate the DRI amendment. It is anticipated that because water and sewer are available to the site and because no significant environmental or infrastructure impacts will occur the comprehensive plan amendment locally should be acceptable. The DRI amendment therefore is subject to conditional approval based on a funding of consistency with the Local Government Comprehensive Plan by the Collier County Board of County Commissioners. NEED FOR REASSESSMENT OF THE DRI Because no additional regional impacts are anticipated the need for reassessment of the DRI is unne~ssary. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The applicant has provided an acceptable draft amended development order for thc Fiddler's Creek project, based on the currently approved Marco Shores DRI. RECOMMENDED ACTIONS: Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed change does not create additional regional impact and that the amendment must be subject to a finding of consistency with the Local Government Comprehensive Plan by the Collier County Board of County Commissioners. Request that Collier County provide SWFRPC staff with copies of any development order amendments related to the proposed changes. I I I I I I I GULF [ OF ~E. I I I I XICO DAVIS BLVD. RAI'I'LESN, )CK ROAD LOCATION MAP I I I I I I I I I I I I I I I I I I I EXHIBIT 9 Attached are excerpts from several public hearings held regarding the adoption of the 1989 Growth Management Plan by Collier County. There excerpts are from both the local planning agency, that is, the Collier County Planning Commission and the Board of County Commissioners of Collier County. For ease of reference, rather than attaching a voluminous set of documents, references to Study Area 2, and the "Tail Section" all refer to that area of the County which includes the !,385 acres which is proposed to be added to the existing Fiddler's Creek DRI. References to the Duda Property or Duda Farms specifically refers to property that then included the 1,385 acres which is currently proposed to be added to the Fiddler's Creek project, along with Section 13 (690 acres), which was added to the Fiddler's Creek project in 1996. *NOTE: For ease of review, brackets [ ] have been placed around discussion pertinent to issues addressed herein. G:\USERSXLANA\WP5 IhVIDDLER.AG~KLT.WRD Exhibit 9, Page 1 COLLIER COUNTY PLANNING COMMISSION DECEMBER 22, 1988 Exh~.bit 9, Page 2 Future Land Use Element A. Urban Boundary 1. Staff Reco~nendation 2. Public Co~ent 3. Staff Summation 4. CCPC Reco~nendation Be Ce DO Activit~ Centers 1. Staff Reco~nendation 2. Public Co-~nt ,.: 3. Stair ~m.uation ',..,: 4. CCPC Rec__~endation .,. ~ Conservat£on · ~' ". 1. Staff Rec~dation 2. Public coo~t ,,... 3. , Staf£ ' Sumnation : 4. CCPC l~commmdation :t : Other ' r.:','. 1. Staff l~c~n~on 2. Pub:l/c Ccm~nt .') Clrcu~tion. El~emt ~q :~ Staff Reco~Eendat£on . rIV Exhibit g. Pn~e 3 12A . COLLIER COUNTY PLANNING CQMMIS$.ION. ' . DEdE~BER 22, 19~8 ~,' Orowth HaraSSment 'D'i~e%to~ Fit~patriok states that the doo~nts that each Co=ission~r shoul~ h~ve for to,eyre me~ting are the "'l'i"~O: transmittal~ do~ent of.th~ Ooal~ Objectives ant Polices, ad the Staff Responses Report to the DeparYment of Co.unity AEfairs. She advised that this p~lic .'hearing.,vas a~vertised in the Haploo Daily Hews on DecaYer 4 and 11, 1988. She noted ~hat Staff will be limiting their pre- sentations to ~evisions. that have been made since last week's worXshop. I I I I I I I I XTEM: Future Land Use Element- Urban Boundary Comprehensive Planning Manager Gauthier indi- cated that the CAC'Future Land Use .Subcommit%ee met to ~onsider the revisions that were made at the CCPC workshop on D~ember 15, 1988. He indicated that those modifications are submitted in his memo dated December 21, 1988. Mr. Gauthier stated that the biggest concern regarding the Urban Boundary issue is to work 'toward a consensus on several problems. He noted that Staff is looking toward the lead provided by the Board of County Commissioners, when they approved the Naples Golf Estates in this boundary area. He noted that the density in the project was limited to 1.3 units per acre for the gross area, and the Board indi- cated that this should be a model for a tran- sition area. He stated that Staff is changing their approach from what it was originally, in that, they are suggesting that in the Urban Boundary areas consisting of the fringe along CR-951, 1-1/2 dwelling units per acre will be allowed. Mr. Gauthier referred to Page 1 of his memo, noting that Item A. suggests that all rezones must be in the form of a Planned Unit :ated that this allows ,ts design,' end it better Exhibit 9, Page 4 r',, / Ii I I I I I I P I I I I I COLLIER COUNTY PLANNING COI~ISSION DECE~B£R 22~ 1988 protects the sensitive areas, and deals with water management issues. With regard to Page l, Item B., Mr. Gauthier stated that Staff is attempting to move up the time table for developing a Drainage Master Plan for the area. He noted that there are financial constraints that Staff is trying to work out. ~ Mr. Gauthier stated that Staff is holding to its earlier recommendation re the Urban Tail Section. He indicated that it is premature for development in that area, and more inten- sive uses could develop later, once a settle- ment pattern is established. ~ Mr. Gauthier indicated that the above sum- marizes the revisions. Mr. Clyde Quinby stated that he does not feel that 1.5 units per acre is acceptable for that area. He advised that when he and others purchased properties in that area, it was zoned A-2. He indicated that he disagrees with the language to use Naples Golf Estates as a model, noting that anyone that knows that section of land, knows that less than 1/2 of it is usable. He stated that the zoning for that project is MHSD. tie indicated that he feels that the area should be left as it pre- sently is, or it should revert back to 3 units per acre which was discussed at the last meeting. Mr. Milton Hahn stated that he did not hear anything in the presentation about his land being included in the urban area. He reminded the Commission that they have the authority to recommend that his property be urbanized during these hearings, and requested that con- sideration be given to his request. He stated that he feels that whatever facilities are needed in that area should be provided by the developers. :;,..,i'. ~.>~' '.'~ .Mr. Young stated that he is in favor of :. ~.tooT; :.~ :,..iincluding this area within the urban boundary, b:~,L.:;J~n£..~.,,~ OJ .:.-~;.~ainly,.because of fire control. ' :':~'' ~1.1/. ~t. , .' ..'';' I Exhfbft 9, Page I I I I I I I I I I I I I I 12 COLLIER COUNTY PLANNING COMMISSION DECEMBER 22, 1988 Mr. Gauthier stated that he feels it is prema- ture to include this land in the Urban Area, noting that relying on developers to provide improvements is a piecemeal approach: tie indicated that the area in question is environmentally sensitive, and the map from the U.S. Fish and Wildlife Service National wetland Inventory clearly indicates the exten- sion of wetlands into this column. Mrs. Charlotte Westman, representing the League of Women Voters of Collier County, stated that going back to when the existing Comp Plan was developed, the League opposed the Urban Area east of CR-951. She noted the awareness of that area's sensitivity, lack of east to west roads, and its closeness to the most critical zone that the State has designated. She advised that the League una- nimously supports Mr. Gauthier's proposal. She further noted problems that would be further compounded during hurricane evacuation if U.S. 41 East was developed as an urban region. Mr. David Land, Chairman of the CAC Future Land Use Subcommittee, stated that the members took a vote last week to support Staff's recommendations, but the motion was defeated. He noted that no further votes were taken, therefore, the CAC is reverting back to its recommendation of May, 1988, which was to keep both the strip east of CR-951 and the 'tail' within the urban boundaries. He noted that the consensus was that there should be special restrictions for both of these areas. He advised that the CAC is suggesting tighter concurrency language; lower densities, but greater than 1 unit per 5 acres; lower den- sities until a Water Management Plan is in place; lower densities unless the application is for a certain size or greater. He stated that the CAC recommends keeping the boun- daries, but create language which addresses Mr. Gauthier's concerns. :' ', . Mr. Alan Reynolds of Wilson, Miller, Barton, ,yT~b~;,od :'...~I',~ ~i~S~ll & Peek, Inc., stated that he feels it is '." )ropriate. for.the study areas to be included · " the urban district, in its entirety. Exhibit 9, Page 6 .I I I I I I I I I I I I COLLIER ...~QUNTY PLANNING COMMISSION' DECEMBER 22, 1988 Mr. Reynolds stated that the reasons Naples Golf Estates is 1.5 units per acres, are based on environmental constraints, market con- ditions, site specific land use conditions of that section of land, and the size of the pro- party in question, lie noted if the eastern portion of that site was excluded from the proposal, which are wetlands to be undeve- loped; the actual gross density would have been 3.5 units per acre. He indicated that the proper time to evaluate the densities, is at the time of the PUD review. He suggested that if the intent in the fringe area is to provide the transition of density from urban to rural, there could be a deduction of den- sity for areas in that zone. He noted that these kinds of densities would preclude affor- dable housing from developing on some of the smaller pieces of property. He asked that the Commission consider the deduct scenario, if their intent is to go along with Staff recommendation. With regard to Page 1, Item B, of Mr. Gauthier's memo, relating to the routing of all on-site and appropriate off-site water through the internal water management system, Mr. Reynolds suggested deleting "internal". He stated that the routing of off-site waters are to be provided through the project. He further indicated that he feels that the improvements to be made to the C.R. 951 canal system should be a fair-share contribu- tion. He stated~that the problems out there today have been created by existing land uses, and not future land uses. Mr. Gauthier advised that he has no problem with deleting "internal" from Item B. Mr. Reynolds stated that he feels the density of 1.5 may not be the best solution. Ms. Charlotte Gillis of Reynolds, Smith and Hills, consultants for A. Duda & Sons, stated that she feels it is important to acknowledge the'differences in Study Area I and Study Area 2, and what will happen when the decision is made. as to the location of the Soundary Line. Exhibit 9, Page 7 12Ai COLLIER COUNTY PLANNING COMMISSION DECEMBER 22, 198~ She noted that land uses should be established which transition from high density urban areas to a lower density that is in the more sen- sitive areas east of C.R. 951; growth rates should be maintained that do no exceed the infrastructure capacities for the county; guarantee that development is contained in appropriately designated areas to prevent urban sprawl; ensure that drainage does not negatively impact the estuary qualities; that agricultural activities are not threatened; concerns of hurricane evacuation times. Ms. Gillis stated that she agrees with Mr. Land's recommendations, but suggested that Study Area 1 is a more sensitive area and has less development potential than Study Area 2.' She noted that Study Area 2 already has a pattern of development established. She noted that agricultural activities are not going to be threatened, as the Dude's are the only land owners in Study Area 2, that have significant land holdings. She noted that Study Area 2 is not as environmentally sen- sitive; 'drainage issues will be addressed by the Dude's. Ms. Gillis stated that she agrees with the language deletion on Page 1, Item B. She noted that Affordable Housing is still an option, and believes that this is one of the ~i last areas of the County that offers land that does not exist in the City of Naples. She !II indicated that she would like to see the urbah designation remain the same as it is on the ; existing Comprehensive Land Use Map'. ~ Mr. Geuthier stated that there is an ideal mechanism for the Dude's for a project that they may want to do, and take care of their impacts, through the DRI process. , Dr. Mark Benedict, representing the ' Conservancy, stated that they support Staff's , recommendation regarding the Urban Fringe ~.: ... Area. He noted that he feels the 1.5 units, .''~ ,:,.,~;: '.,':, as based on the Naples Golf Estates Rezone is z, i,o~=i...~i,-:.:; .a.good indication, adding that a lot of that .c,n~.l.~bOpo~{-.,;,,a~ea is wetland. He indicated that he su~- Exhibit 9, Page I I I I COLLIER COUNTY'PLANNING COMMISSION DECEMBER 22, 1988 ports Staff opinion in removing the urban designation from U.S. 41 east, noting that those are environmentally sensitive areas, and: development there will have an impact on the estuarine aceas. 1 Dr. Benedict stated that if a pcoject owner comes in with a large enough area and a design! that can address the concerns, and have a ~ greater density, there could be a Comp Plan ~ amendment process to address them. ~ Dr. Benedict stated that he agrees with the deletion of "internal" in Item B, Page 1. Mr. Land indicated that there is considerable agriculture in the "Tail", which does use s significant amount of water. He noted that if a PUD development would be permitted in that area, it may address some of the water problems in that area, and reduce pumping. He stated that that is another consideration if some development is to be permitted in that area. Mr. Todd Denning of Reynolds, Smith and }{ills, consultant to A. Dude & Sons, stated that Mr. Gauthier's comment regarding the DRI, the concurrency issues, and the permitting process is appropriate, but what is to be considered is whether the area below U.S. 41 east is appropriate for Growth. He stated that the Dude's land is presently farmed, and the ares that is not farmed is too wet to consider for development..~ Mr. Link stated that recognizing the need for a transition area between the urban zone and the rural srea, he does not feel 1.5 units per acre is appropriate. MOTXON= Made by Mr. Link to permit 2-1/2-3 dwelling units par acre in Study Area 1. Seconded by ,' Mr. Smudsr. Carried 5/1 (Mr. Christy opposed). · ,d~lar~ smude=., . ' Exhibit 9, Page 9 ~?., COLLIER COUNTY PLANNING CO~ISSION I I I I I ! I I ! ! D~C~B£R 22, 1~,8~ Mr. Christy stated that he feels there is already a huge area of land in Collier County that has already been established as the Urban Area, and additional marginal areas will be moved into it.~ He indicated that he does not believe this will be in the long term best interest of Collier County. He further noted that there is not an adequate supply of water for the community now, and this will be adding to the problem. -Mr. Link advised that the Coral Reef Aquifer has enough water to supply Lee County, if so desired, but the question is "tapping it". Upon call for the question, the motion carried $/1 (Mr. Christy opposed}. Activity Centers Mr. Gauthier indicated that initially, in the August draft, Staff had established the stan- dard of 160 acre square, of which 50% may be commercially zoned. He noted that it was realized because of the extension of the on/off ramps, and right-of-way, it severely limited access into the Activity Centers. He stated that there were concerns regarding com- patibilty issues and Estates Zoned land protruding close to the Pine Ridge Road Interchange. Therefore, he noted that Staff looked at the right-of-way, development pat- terns, zoning patterns, property lines, and tried to maintain the same overall allocation of commercial potential, and tried to sculpture more detailed maps relating tO the Activity Center boundaries. He suggested changes, based on the Land Use Subcommittee's recommendation: Immokalee Road and 1-75, southeast quadrant will be included within the area; Pine Ridge Road to the southwest, which will include the Seagate Baptist Church area;' ,the southeast area, where the Estates comes up · to the Interchange should be handled by the Golden Gate Master Plan. ~t, i3[:..,;, ~ -~:.,s-.~,..Rgbe~t Duane of'Hole,_Montes & A~sociste~ ~"b~b,,,~ouu .~' ~ta~ed that he. supports the recommendation of "Staff~ particular~y.~the eouthgas% quadrant of Exhibit 9, Page I0 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Exhibit 9, Page I1 COLLIER COUNTY PLANNING COMMISSION MAY 26, -1988 ITEM: COMMENTS: Urban Boundaries Mr. Gauthier advised that it is being proposed that the urban boundaries in the western coastal areas be brought in, in two locations. He noted that the first area is the one mile wide column running east of 951, south of Alligator Alley, and north of U.S. 41, which consists of approximately 4,485 acres of land, with a potential population at a density assumption of slightly under 4 units per acre, of approximately 41,000 people. He noted that 52% of this land is wetlands, and the concern is water management. He stated that if this area is to be urban, it will require 10 million dollars worth of work. Mr. Gauthier noted that the second area is the southeastern tail of the urban area, which extends down to the Collier Seminole State Park, and con- . sists of 5,100 acres with 50% agriculture. He stated that the rationale in eliminating this from the urban area is: Concerns regarding evacuation - There is a large load of people on Marco, and there is I the Marco Shores DRI with 12,000 units, noting that there is a limited evacuation capacity with the current road configuration, and there is a deficiency in shelters, County-wide, noting that it would not be wise to load addi- tional people in this area. Urban Sprawl -'This area is far removed from the core of development and lacks facilities, and there is a problem with water management in this area, but noted that %s development moves out, the time will come for this area to be.urban. Traffic - The East Trail is diagonal, and catches all the traffic moving east and west and north and south, noting that there are limited options as far as expanding that road, or providing adjacent corridors. Mr. Gauthier advised that recommendation of Staff is that both of these areas be put in the rural classification. Page 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 12Al DECEMBER 28, 1988 Exhibit 9, Page 13 ' ': ' t~t ~thXn ~ Or~. ~ the ~proach of ~he 1984 f. ta oO~lon, ~ h~r~m File, .~'hlgher de~A~leo~ ~o all,ed 'centero, Ho o~ted t~t .~e ~ ~d O~ K~ pr~del' :. of .~ .p~lng, p~tec~s ~t~a3 ~oo~ceo, conCentrstAcn : 'CoaCUrriOcy.' He. advised .~ha~' the Orowth "~nagemeflt :Agt'.reqUlrea · 'it he~' b~en a~a-~'8.~Xer°l-e ~o balance exAe~Ang,'. COaa~tt:e~ and · . . . '.. .. ~... ~ , ,'., .. ..... - .. : ..' ..... .~ . ~ '- . · Pl~_"_.l.~g Co~eo~ .r.l. Co~d t~lt the fr~n~e ," ~ ' .. · :Staff"o rec~n~tl~ are :coapr&e~ o~ ~"~rte, ~a c,R. 9~ ' · .fr.~p ire~ ~ treated at a' density 2~2 not to ixcoad one ~lt for :." O~ 1.6 aarel. ~ no,ed t~ the a~ore~n~aon~d tim ~olrd I~etad ~ou2d be coneLdered a~ a "acdel". I~ ~ted t~t ..,4 12A~ .'. 'th4 ~aoc~atA~ e~1w:fte Bt&~f*e ~co~tAol~ prior to ~ PJllnolng . '~.ti~ t~t the ~h:~~ A0t r~/~o t~ ~d to ~ct An a ..tim &ret. He stated ~bat.block&Ge of ev~cu&tl~n wlAl.be.&dded.lf~ -. ~tio~. b noted t~ "~~ of Reuo~ for Inoluelon An 26, 1088, ~lsoe'the Anclual~ Into the ~ ~ea o~ ~I ~ area ... X~ieo hd ~ the sedative e~c,, ~o ~ th~o to fAYs : ~m%~ ~l~ Am manly ditched, .b. ao~ed that ~ ~ Am :'.' '.%mlACo~.d .t.~t ~. u~/ue':yO~na o~ th. P~.AnAna C°n*.slon.. t~.~o~%~ bdca~w'the ~ma ~d O~v%~ ~co~ to fire · r~b ~r~lnl~ 'c° the '~atter. ~re ~s~ on t~t Chll ~Ad · .: - M~ .~k ~t m ~-at the Met~ m t~t t~Fi ' ' ~,.' 10.~.~ ~*a~to.r~l~ 2~d.ror'h~ Into : ' ~~ w. ~'.~t~' ~: ~ ~ .~.'. ' ~ ' ~.. Qi~et. ~l~e~a~ed. thl~· ~e ~ei. to prnut~o"fo~ tl~..a .~ ~'~'~t 'fo~t ltl c~ltll ~~tl'~O~t=tl :; '"':'clarified f~ ~elioner Vol~ t~t the ~d'~d'dlrecti~ 8tiff' to i' "cuM I~ck wlth sca~r~;%~ ng~en' u~ ~ rural '.in '..,h°~ever, tho tosu~.suet !~ 'rage/veal b~ ~e O~aa~ooloa ": ipi-n. 'm to aa~ntein the ~rbaa '..,:unite peF acr~'lw'Uot"~:co~eldlrod" ' ' "".he evscuatAon tla~o Mould be reduced baaed ~u~ the deVeJopadnt I~y ~a ~ ~A~ ~ul~.b ~aaaod on a sate e~cl~Ao'~A8. ':d!~el~ a~t the 2~~. on Pqe O-l, Item eh, ~'e~~e ~ ~ld'b' effeCtive-An pr~t'ACe, 'la · :"~e." aoxr l~tu project .~ u~ as ~ ex~le' of ~t :m~ So . . :~:. '. : ' l~t, fro, e~dlee C~t .the' ~ty. co~uo~e ~'m ~c.I~ACo Eo~.pro~'. 'Ke..'~ted.tht 1~ the 124 I.: · .. : Exhibit g, Page 20 aerl~ coGil~oratAGn, hoWver, eon~ l~e c~ ~ An~rated per- ;'. ~l~o f~ ~11 ~ Ued Zor w(~er ~gMn~ ~n '~e ~ea~ No ': '.'.':'eeageatee that tea ,': i.~ ~olt gat~'a~l .tM.l~atbam~o~ projects denm~trete the ~';' "' i ,f ; · :'(;. - · ' Exhibit 9, Page 2Z the 't~llu L~ Pl~ m ~tt~ to ~ with a d~e%~ of 0-4, ~ ~ m ~t ~ o~ t~ m ~ ~ated the ~, 1:1- ~ ~lted ~ ~tly ~ ~t will ~ ~ t~ wter ~o W eut. .Wk. b ~t~ t~t ~ r~~tion of Start to ~ ~o Exhibit ~, Page23 1 I I I I I TO: MEMORANDUM '12A I FROM: DATE: Mark Strain, Gulf Bay Communities Stephanie Voris/Stuart Miller,~ : November 10, 1997 , SUBJECT: Fiddler's Creek Addition Site - Listed Species in the Areas of Development The areas of development on the Fiddler's Creek Addition Site occur within previously cleared I I I I I I I I I I I I farm fields used for tomato production. These areas were traversed to observe and document usage by state (Florida Game and Fresh Water Fish Commission (GFC)) and federal (U.S. Fish and Wildlife Service (FWS)) listed species of flora and fauna. During field work no state oi' federal threatened or endangered species were observed within the areas proposed for development. However, opportunistic wading birds were observed utilizing the agricultural farm ditches between the cropland. Birds observed included snowy egret, little blue heron, tricolored heron, and white ibis. These wading birds are listed as Species of Special Concern (SSC) by GFC and are not listed by FWS. No nests or rookeries of these species were observed on or adjacent to the site, therefore, they are not permanent inhabitants of the site. Lakes with littoral shelves are incorporated into the site development plan which will provide areas with better water quality and foraging opportunities than agricultural ditches. The American alligator was observed utilizing an agricultural farm ditch. The alligator is listed as a SSC by GFC and Threatened by Similarity of Appearance (T(S/A)) by FWS. Preservation of salt and freshwater marshes, isolated wetland and upland areas within Section 19, the construction of stormwater management lakes with planted littoral shelves, and spreader swales should enhance the habitat for the American alligator. Wading birds and thc alligator arc anticipated to continue to utilize the site, therefore, no impacts are expec, ted to occur to these listed fauna as a result of the proposed project. No listed flora was observed in the fallow and active croplands. ~(/lL$O1'4. MILLER, B^RTObl ~. PEEK, INC. 1200 Bailey Lane. Suite 200. Naples. Florida 34105-8507" Ph 941.649-4040 Fx 941-643-5716 tU1O~/-~$?MVer Ol"'~~°m Web Site: www. wdmnmdler.com E-mad: naplesOwilsonmillet.com NM4~Ql. QQ'I.YLS~-lM12 ,%'.,I,1,', F,,rr M*,,',, X,,,.,,,,f,, It,,.l(.,,.,,, I I I I I I I I I I I I I I I I I I I ~ I I IIIIII I II II III I IIIIII II III IIIII I IIII ',,X'li '.-, ,."<.. '::;' ×iii I i. I~ ,12~I MEMORANDUM TO: Mark Strain, Gulf Bay Communities FROM: Stcvc Mcansf~7/ DATE: November 12, 1997 SUBJECT: Fiddler's Creek Addition Site - Sections 18, 19 and Part of 29, Twp 51 S, Range 26E, Collier County, Florida According to the Soil Survey of Collier County, Florida, there are no prime farmlands located in the referenced site. The USDA Natural Resources Conservation Service defines prime farmland as land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses. These soils have a land capability classification of I or II, which there are no soils of this classification in Collier County. Attached for your use is a copy of the definition and the criteria for prime farmland which is copied directly from the USDA-NRCS Technical Guide Section II-iii-A. Prime Farmland Prime farmland is land that has the best combination of physical and chemical characteristics for producing food,, feed, forage, fiber, and oilseed crops, and is also available for these uses (the land could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-up land or water). It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. . The criteria for Prime Farmland are as follows: 1. Available water capacity is more than 4.0 inches in the upper 40 inches, 2. Soil temperature regime is thermic or hyperthermic, 3. Soil reaction is 4.5 to 8.4 in the upper 40 inches, 4. Seasonal high water table is more than 2.5 feet from the surface during the cropping season, 5. Conductivity of saturation extract is less than 4 mmhos/cm and exchangeable sodium is less than 5 percent in the upper 40 inches, 6. Flooding frequency is less than frequent during the growing season. 7. Product of K (erodibility factor) times percent slope is less than 1.6~ 8. Permeability rate is more than 0.06 in the upper 20 inches, and 9. Percent by volume of coarse fragments is less than 10 percent in the surface layer of the soil. Prime farmland soil survey map units are indicated in FOTG Section II-i as well as CAMPS (FOCS) for the area served by this field office. .- II-iii-A, page 11 SCS:FL ~/93 EMERGENCY COLLIER COUNTY NOV 1't 1997 GOVERNMENT ~&[~[L~ MANAGEMENT DEPARTMENT 3301 E. TAMIAMI TRAIL I I I I I I I I I I I I I I I NAPLES, FL 34112 (941) 774-B444 FAX (94 I) 77%5008 A ¢.ERTIH£D BLU£ CIIIP COMMUNITY November 10, 1997 George L. Vamadoe, Esquire Young, Van Assenderp & Varnadoe, P.A. Attorneys at Law 801 Laurel Oak Drive, Suite 300 PO Box 7907 Naples, FL 34101-7907 Re: Fiddler's Creek Dear Mr. Varnadoe, As a result of the recent change to the County Growth Management Plan, the Coastal High Hazard Area is defined as the Category I evacuation zone. This is more restrictive than the previous definition which was defined as the Category I Storm Surge area. Since we use US 41 as the dividing line in the East and South Naples areas, all of Fiddler's Creek, as currently platted, is in the Coastal High ltazard Area. Since there will not be any additional units, other than those that have already been approved by the Development Order, the creation of an additional aec, ess point onto US 41 East would not only alleviate the congestion for those residents evacuating from Marco Island and Isles of Capri, but it would also serve as an additional egress for Fiddler's Creek residents and those transiting the development during the evacuation period. Those residents that use the US 41 East exits are urged to continue east on US 41 to SR 29 and then proceed northward. I hol:le that I was able to answer your questions to your satisfaction. Ifyou have additional questions, please call me at 774-8444. Emergency Management Director cc: JeffWalker, Risk Management Director COLLIER COUNTY GOVERNMENT P~IBLIC WOI~$ DIVISIQ_I~.I November 14, 1997 5501 £. TAMIAMI TRAIL NAPLES. FL 34i12 (941) 732-2)75 PAX (941) 732-2526 Oeorgc L. Varnadoc, Esq. Young, Van A.~cadcrp & Vamadoc, P.A. Sun Trust Building ~0~ l~urel Oak Drive, Suiu: P.O. Box 7907 Naple~, FL 34101-7907 You bad raked this office to address the overall status of stormwater mamigcmerrt in the mca of fl~e recent 690 acre and proposed 1,385 ac. rc additions to thc Fiddler's Cre& property. The~ proprrtica, priory known ~ Duga Farm~ ar~ of a s/zc ~.a location, ~h~ when the overall water uumagcm~t plan for the Fiddler's Creek project is implemenltA, will l~lp solve most of t]~ stormwat~'r marm~m~ con. ms smuh of ll.g. 41 in ~ immediale ar~a of the Duda Farms pml~'ty;, particularly when /ncorporaled imto the ~3sting wat~ managcmm! plan for the r~maillder of the Piddl~'s Cr~k vroperty. As w~ had previomly discussed, when I r~xt~ drainage ~.se..me~ts for om' US41 Ouffall Swales No. 1 & 2, both ova' thc 690 o. cre parcel and on the east side of thc 1,38~ acre pm~l, there m~ existing drainage and flooding pmbk-ms north of U.S. 41 that could I:~ signlt'i_,caritly r~uce, g by the p'wpos~[ improvt~m~nts in th{~ easemtm~. Cmmaly, th,re ~r~ no significant no~-south drainage facilitaizS in that ar~a which would allow ~e drain,~,e from north of U.S. 41 to follow its htst~cal path to ~tlamh ~o th~ south of the Fiddk-r'~ Crc~ Addition. TM gr,~,g of tim drainage easements will rdiev= some drainage ~$ north of U.S. 41, taxi allow/he Cowry to remote f~dy n<mml hh~ml drak~c patt~a-ns, as opposed to foroing the dr'aiuage into ~ ~ized borrow canal along the r~rth side of US-41, as is currmlly done. Ia addition, the co--ca of the US-41 Ouffall Swales No. ! & 2 into tim so-called Fiddler's Crock, whkh is a Fropose~ ea~'t-w~t spr~der ~¥ thai sllows sheei flow dlschar~ into the wetlands is certainly an improvement over the currant conditions. Ltr/Vamadoe In summary, I ~ink it is ccrtninly ~LfO tO say ~ the nddltlons to tho Fiddlct"s Creek property, n~d thc Sra~i,~.~ of th~ addition~l Outfall sval~ drainn~ eascm~ts arom~l constitut~ · siE,~it~cant ~rt of the overall drainaOe plan f~r this Belle-Mca/lo basin. If yo~.~ have any furthc'r qucsiions, please do not hesitat~ to conia~t me. Very truly yours, John H. Botdt, P.E., P.~.M. Stormwn~ Management D~r_,~__or JHB/l~rr~mts Doe: .THB-087 A REPORT on the STORMWATER MANAGEMENT and ENVIRONMENTAL PLAN for the proposed FIDDLER'S CREEK ADDITION 1385+ Acres Located in Sections 18, 19, 29 Township 51 South, Range 27 East Collier County, Florida Prepared For: DY ASSOCIATES JOINT VENTURE 4001 Tamiami Trail North Suite 350 Naples, FL 34103 Prepared By: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 34105 February 1998 PIN = N0645-003-001 Task -- GCMIP ~17D8-:~064 Vet 01 Introduction 1.1. Purpose The purpose of this report is to address the stormwater management, and environmental elements of the proposed addition of 1385 acres to the Fiddler's Creek community, herein called the "project". The report will describe the salient historic and existing drainage and environmental conditions in the area, present the stormwater management and environmental plan for the project, and finally will demonstrate how the plan will benefit the project, the public, and the environment. 1.2. Location The 1385 acres is located in Collier County as shown in Exhibit I and is bounded to the north by U.S. 41, to the east by residential development, to the south by wetlands, uplands, and waters ofthe State, and to the west by the Fiddler's Creek PUD. The current Fiddler's Creek p.roject consists of 2379 acres and is partially developed. The proposed addition includes 1385 acres, for a total project area of 3764 acres. South Florida Water Management District has permitted the current project under Permit # 11-00685-S. 2. Historic Conditions Historic conditions in the area of the project consisted of forested uplands and wetlands typical of coastal fringe in Southwest Florida. The land gradient sloped gently at less than one foot per mile in a northeast to southwest direction. Cypress dominated sloughs oriented in the same direction served as wide flow-ways to collect, store, and discharge rain induced stormwater to the tidally influenced mangrove fringe. The freshwater I I I I ! 12A[ '~ ~'. ~i _a:~- . ~&. ~~~-~ . . , . , . . . . -- - -;~-~ ~' a , ,~ ~ .... ~' ._ , - =. .... = I-I-I- - '--- o 5r' ' ' LOCATION MAP ~o~cT: FIDDLER'S CREEK ,~uC~T: DY ASSOCIATES JOINT VENTURE :'"" co.,~ :."~.. ,..~ EXHIBIT WILSON M I L L E R I I I: I I 2 I I I I I I I I I I I I I I I I I I I wetlands consisted of cypress forests and mixed wetland forests. of pine flatwoods with palmetto understory, palmetto prairies, and scrubby flatwoods. The hydroperiod was long and fiat with surface discharge to the mangrove fringe extending well into the winter months. The upland areas consist In the 1920's, the Tamiami Trail (U.S. 41) was cut through the wilderness between Naples and Miami. The Trail was constructed above grade with material excavated from parallel borrow ditches. Wooden bridges were built across the deepest portions ofthe cypress sloughs to allow surface runoffto pass to the south. In the 1950's, thc Trail was improved and the bridges were replaced with culverts ofvarious sizes. Stormwatcr would collect in the cypress sloughs, discharge southward through thc culverts, and back into the cypress sloughs and mangrove fringe. In the 1960's, much of the area was claimed for agriculture both north and south ofthe Trail. To control the water table in the farms and to irrigate during the growing season, a system of ditches and dikes were constructed within the farms. A dike around the perimeter ofeach farm served to prevent surface flow from entering the farm. Large surface water pumps were installed to pump out the farm ditches after rainfall. These farms, with their associated perimeter dikes and pumps, altered the historic surface water flow patterns and the hydroperiods in the area. In addition, applications o£fertilizers and pesticides within the farms altered water quality in the receiving waters of the pumped discharges. In some cases, farm stormwater was pumped directly to adjacent natural areas without water quality attenuation. The farming operations altered the amount, timing, and quality of stormwater discharge in the area. -£COR-2041 mI I I I I I I I I I I I I I I I I I 5 Existing Conditions 12A The Fiddler's Creek community along with the proposed addition is shown on Exhibit 2. They are bounded to the north by U.S. 41 and to the south by State owned wetlands and the mangrove fringe. Approximately 819 acres &the addition property consists of farmed agricultural fields. Many areas within the property reflect the impacts from this activity by showing signs &severe alteration by artificial hydrology and the continuous working of thc soils. The southern portion of the site, which has not been disturbed by farming, is comprised of both wetlands and uplands. The wetlands consist of pine flatwoods, cypress forests and mixed wetland forests with varying degrees of exotic infestation. The upland areas consist of pine flatwoods with palmetto understory, palmetto prairies, scrubby flatwoods, previously cleared areas, and Brazilian pepper monocultures. The aerial coverage of Brazilian pepper and Melaleuca range is from less than 10% cover to 100% cover/monoculture. A listed species survey was conducted per FGFWFC standards. Gopher tortoise burrows were observed within the palmetto prairies south &the existing farm fields. Various wading birds were observed primarily in the agriculture ditches, and preserved area south ofthe existing farm fields. An eagle nest was found in section 19. This section will have no development and serve as a preservation area. The nest lies approximately 1500' south ofthe proposed development. A 750' primary protection zone and 1500' secondary protection zone will be provided around the nest to ensure the eagle's safety. South &the proposed nest is existing state lands which provide extensive fly-way zones. According to the Florida Department of State, Division of Historical Resources, there are no significant archaeological or historical sites present within the project area. The Fish 2/J?~S-B064 Vet Ol~-SMard 4 'I I 12Al EXISTING DRAINAGE ~ ' FLOW DIRECTION j ~ ! ~ EXISTING FIDDLER'S CREEK / ~ .BOUNDARY .~. ~' I ~l,~t~llll EXISTING FARM FIELDS ~ ~ ' ~ ~ ~ WITH PERIMETER DIKES ~ ...... PROPOSEO ADOITION 0 4000' 80O0 r ~ SCALE IN FEET ~ ' ~ ~ EX,STaND TRI~LE ~ ~ ~ ~42' RCP CUL~RTS ~ . ' , , , '. ",, .... i' i '~.~1 l'f. i' t Ii I i I I I I ' " , / ' % ' ' ~ % ' -. ' t I I I I I I I I · t t ....... I I I EXISTING FIDDLER'S CREEK P~N WITH PROPER~ ADDITION AND FARM LOCATION PROJECT: FIDDLER'S CREEK APPL,~N~: DY ASSOCIATES JOINT VENTURE ''*' COLLIER ' FEB. ~998 StRXE~O~, LANDSCAPE ARCH~S A CO%~Rt CTIO~IA%ACER~ NO648-~J-OOt GCMIP A06480~ I I I I I I I I I i I I I 5 I I I I I I I I I I I I I I I I I I I and Wildlife Service found no designated critical habitats within the project area. No wading bird nests or rookeries were observed on or adjacent to the site. The farmed portion of the project is surrounded by a dike to keep surface water from entering the farm. The dike blocks flow, which prior to the farm, would pass through several culverts beneath U.S. 41 and discharge across the property into the mangrove fringe. After construction of the dike, the blocked flow ponds north of U.S. 41 and discharges to the ,,vest via tile U.S. 41 roadside ditch into Henderson Creek and eventually Rookery Bay. This excess flow adds to the freshwater pulsing problems documented in ' Rookery Bay and other areas downstream of Henderson Creek. In addition, the blocked flow causes flooding in upstream areas. Collier County recognized the problem and in 1985, the Water Management Department prepared construction plans for two outfall swales to connect the U.S. 41 culverts with the mangrove fringe thus restoring tile historic connections to the extent possible. The swale project was budgeted, however, the land rights to construct the swales could not be obtained and the project was not completed. In 1996, Section 13 was added to the Fiddler's Creek. Section 13 is a key land element for the construction of Outfall Swale No. I. With the Section 13 addition, a commitment was made by Fiddler's Creek to grant drainage easements to the County for the construction of Outfali Swale No. !. Furthermore, the swale is incorporated into the Fiddler's Creek development plan providing for better water quantity and quality control ofthe U.S. 41 flow. 6 I I I I o ~./17,'qM- 3~064 V~r NO648-~)OI-£COR4041 ! Proposed Stormwater Management and Environmental Plan The stormwater management and environmental features of the proposed addition are shown in Exhibit 3. The stormwater management and environmental plans are further detailed in three reports previously submitted to Collier County entitled: 1. .Conceptual Surface Water Management Report for Fiddler's Creek, Sections 13, 115, 19, parts of 24 and 29, July 1997. 2. Fiddler's Creek Addition, Collier County Environmental Impact Statement, August 1997. 3. Eagle Management Report, Fiddler's Creek Addition, Collier County, Florida, August 1997. The stormwater management plan for the addition consists of a system of stormwater detention ponds, culverts, catch basins, swales, littoral planting zones, and water control structures. Stormwater is collected and treated in the ponds with subsequent discharge to the spreader swale. The County planned outfall swales are incorporated into the development plan. All remnant, undeveloped wetland areas currently located within the farms will be preserved along with the wetlands located to the south or'the farms. Exotic vegetation will be removed and wetlands maintained. The plan is designed to use the same features and levels of'treatment as the existing Fiddler's Creek plan, thus creating a unified stormwater management and environmental plan within all of Fiddler's Creek. The plan is designed in accordance with South Florida Water Management District rules. One unique feature of the Fiddler's Creek stormwater management plan is the 3-1/2 mile long spreader swale located between the development and the wetlands to the south. The spreader swale acts as an effective buffer between the development and the wetlands. It also returns the historic sheet flow to the wetlands by collecting the treated discharge from I I I I I I ~ (,/ 0 4000' 8000' .-_- HENDERSON ~ ;5' / i::~:::::':;:;:: PRI"SERV[D ~ CREEK ~ [?~ ~/4' x 10' 80X CULVERTS ~' ~ ,'~ ~ EXISTING TRIPLE ~ OUTFALL _ ~w~ ~ SWALE ~::.:~:~:~'~ ~WAT[RS OF THE STAT[~ UP F~DDL~'S C.E[K STO~UWATE. AND ENVIRONMENTAL P~N P.OJ[CT: FIDDLER'S CREEK A~PUCANT: DY ASSOCIATES JOINT VENTURE ~ E R ;'"' ~o,,,~. "'~. ,..~ EXHIBIT WILSON M I L L 8 2/11 ., the upstream areas and spreading the discharge evenly OUt over the length of the swale.~ Finally, the spreader swale provides additional stormwater treatment in excess of that required by the South Florida Water Management District rules. Over 450 acres of wetlands and uplands within these additional lands will be preserved and enhanced on site. In addition to these 450 acres, a unique 63.4 acre Peninsula tract, consisting of salt marsh and pine graminoid communities, that extends out into a salt marsh and mangrove area owned by the state will be preserved. This area has been approved for development by the 1982 Deltona settlement agreement and subsequent Army Corps of Engineers permit. Preserving the peninsula is very important to the ~ indigenous and migratory wildlife which utilize the adjacent marshlands. These adjacent hydric forests and herbaceous prairies are significant to wildlife for foraging, roosting, nesting and denning. This preservation also protects the adjoining wetlands from , substantial secondary impacts that would result from development of the peninsula. By adding the new property to Fiddler's Creek, the farm operations will be removed and replaced with infrastructure that will improve the amount, timing, and quality ofthe stormwater reaching the mangrove fringe. This is evident for the following reasons The Fiddler's Creek stormwater managernent plan includes the County's U.S. 41 'outfall swale design as shown on Exhibit 2. This is made possible by the granting of drainage easements through the Fiddler's Creek property and the removal of the farming operation with its associated perimeter dikes. The outfall swales restores historic flow patterns to the area which, among the other benefits, reduces the i freshwater pulsing through Henderson Creek and Rookery Bay. ,0 Stormwater discharge from the farms is untreated, point sourced, and is pump¢~d in large volumes over a short time. The Fiddler' Creek plan uses best management practices and design techniques to treat water quality to State slandards, attenuate storm events, and return sheet flow to the downstream wetlands. The hydroperiod is improved and the amount, quality, and timing of the stormwater reaching the wetlands is returned to as near historic conditions as possible. The stormwater management plan will be unified across Fiddler's Creek providing consistent and uniform stormwater treatment. The alternative to the addition is piecemeal development of smaller independent parcels possibly as small as 5 acre ranchettes. This type of development would not allow a unified stormwater management plan which provides superior stormwater treatment over multiple independent systems. It could allow development into the upland forested areas south of the farm field. '~ The existing isolated wetland areas in and around the farms are disturbed due to alteration in hydrology and invasion of exotics. Incorporating wetlands and uplands areas into preserves and eradication ofexotics will improve wetland function and increase the habitat value for wetland and upland-dependent wildlife. The aggressive exotic eradication program will also eliminate the exotic seed source adjacent to lands owned by the State of Florida. Removal ofthe agriculture berms and ditches will restore hydrology Environmental impacts to this property, which was previously cleared for row crops, are very low compared to developing a parcel of land in its natural state. Since the majority ofthe site has been cleared, there will be minimal habitat loss for native birds 10 ® and mammals. Lakes with littoral shelves are incorporated into the site development plan which will provide wading bird areas with better water quality and foraging , opportunities than existing agricultural ditches. Summary Historic conditions in the area of the project consisted of forested uplands and wetlands typical of coastal fringe in Southwest Florida. Cypress dominated sloughs served as wide flow-ways to collect, store, and discharge rain induced stormwater to the tidally influenced mangrove fringe. The hydroperiod was long and fiat with surface discharge to the mangrove fringe extending well into the winter months. Since the 1920's, construction of the Tamiami Trail and the introduction of agriculture has altered the historic surface water flow patterns and the hydroperiod in the area. In addition, applications of fertilizers and pesticides within the farms altered water quality in the receiving waters. .~ The addition to the Fiddler's Creek community will cause the replacement ofditched farm land with a unified stormwater management and environmental plan. Implementation of the plan will benefit the project, the public, and the environment by providing the following: Restoration of historic flows and hydroperiod to the area wetlands via stormwater attenuation and the Fiddler's Creek spreader swale. Allowing the County to implement the U.S. 41 outfall swale program which Will relieve upstream flooding and reduce freshwater pulses to Rookery Bay and other~ areas downstream of Henderson Creek. I I I I I I I I I I I I I I I Improved water quality within and buffering of tile State owned wetlands. Preservation, long term maintenance, and monitoring of the enhanced uplands and wetlands. Construction of lakes and littoral shelves will provide higher quality wading bird habitat. Exotic eradication will enhance the existing wetlands and uplands to offer improved habitats for reptiles, amphibians, birds, and mammals. 12- TASHA 0. BUrORD DAVID B. ERWIN DAVID P. HOPSTETTER' GEORGE L. VA~NA~ ROY C, YOUNG W;LLIA~ J. YOUNG, VAN ASSENDERP ~ VARNADOE, P.A. ATTORNEYS AT LAW REPLY TO: Naples January 6, 1998 GALLIr'~, HALL POST Orr<E Box 1833 TALLAHASSEE, FLORIDA 3~30Z-~633 SUNTRUST BUILDING 001 LAUREL OAR D~IV[, 5UI~( 300 POS~ OrrecE ~ 7907 T~L;COPI[R (94;} 597'1060 I I I I I I I I I I I J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Collier County Comprehensive Plan Amendment Related to the Fiddler's Creek DRI (DCA No. 98-D1) Dear Mr. Beck: We are in receipt of the Department's Objections, Recommendations and Comments (ORC) Report dated December 19, 1997, addressing the above-referenced Plan Amendment, which proposes an increase in density on land adjacent to, and to be incorporated within, the Fiddler's Creek DRI. The proposed density will result from shifting some of the DRI's previously approved residential units onto the subject parcel. It is our understanding, from reading the ORC Report and from phone conversations with you and members of your staff, that the Department's single objection to the proposed Amendment results from a perceived lack of sufficient supporting information, which is capable of being addressed satisfactorily by Collier County's submittal of additional information with the adopted Plan Amendment. The Department's specific objection is the assertion that insufficient data and analysis has been submitted to establish that the proposed Amendment involves more than a single use (residential). The Department's concern is that if the Amendment acreage contain only residential units, this may exceed the ,,demonstrated need" for this use, and may not provide sufficient commercial and other non-residential uses for the residents in the Amendment Area, thereby failing to demonstrate that the Amendment would not contribute to urban sprawl. J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 2 The Department's ORC Report makes specific references, as support for the objection to the Collier County Amendment, to 3 (of a total of 13) "primary indicators" of urban sprawl found in Rule 9J-5.006(5) (g), 1, 11 and 12. Thus, the Department's objection is based on the following three primary indicators of urban sprawl: Indicator No. 1: Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. Indicator No. 11: Fails to encourage an attractive and functional mix of uses. Results in poor accessibility among linked Indicator No. 12: or related land uses. Regarding Indicator No. 1., we certainly do not agree with the Department's apparent conclusion that the Plan Amendment Area constitutes "a substantial area of the jurisdiction." As Collier County staff and we pointed out at Exhibit 1, to the supportin~ document analyzing Collier County Growth Management Plan Amendment CP-97-3, the 1,386 acres which is the subject of this Amendment constitutes approximately one-tenth of one percent (0.108%) of the land area of Collier County. In addition, we think it is inaccurate and inappropriate for the Department to contend that the Amendment promotes or allows substantial areas to develop as ,low-intensity, low-density or single-use development ~n excess of demonstrated need." The Department of Community Affairs has been involved in reviewing the Fiddler's Creek DRI since its inception in 1984. The Department is well aware that since 1984, the number of approved residential units in this DRI has been reduced through DCA approved DRI Development Order Amendments, from 9,110 units down to the currently approved number of 6,000 units. The Department is al~o aware that Fiddler's Creek DRI is, and has always been within the designated coastal high hazard area. Fiddler's Creek, including this plan amendment, is implementin9 Collier County's policy and efforts to reduce density in this area of the county. The subject Plan Amendment does not add any residential units to the approved 6,000 residential units within Fiddler's Creek. The current number of units is well below the number approved by DCA, other state agencies and environmental groups in the original Deltona Settlement Agreement signed by the Department in 1982. The J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 3 Department has reviewed and signed off on the original DRI, and on every subsequent change to the Development Order. The Department has also found all previous versions of the Collier County Comprehensive Plan to be "in compliance" with respect to the Plan's recognition of the Fiddler's Creek DRI. It is difficult to understand how the Department can now object to this Plan Amendment, in 1997, on the ground that it approves residential development "in excess of demonstrated need." This contention is revealed to be even more spurious when one considers that, rather than allowing any additional unitS, this Plan Am~ndment actually eliminates 277 residential units that could have been constructed on the subject 1,385 acres under the County's current zoning and future land use map designation. The remainder of the Department's objection relates to theI question of whether there is adequate commercial and other non- residential uses available to people who will reside within the plan amendment area. This 'objection indicates a clear failure by the Department to recognize and evaluate supporting data, establishing that this Plan Amendment is an adjunct to, and must be considered together with, a Development of Regional Impact Notice of Proposed Change (NOPC) for Fiddler's Creek. The Plan Amendment~ and DRI NOPC were submitted together to both the County and to DCA.~ Concurrent submittal and review of plan amendments and DRI applications is specifically authorized, in Section 163.3187(1) (b), Florida Statutes. The case of Sumter Citizens, et al., vs. Department o~ Community Affairs and Sumter County (DOAH Case No. 94-6974GM, Recommended Order dated July 11, 1995) establishes that "data and analysis" supporting a comprehensive plan amendment properly include DRI applications for development approval (ADAs) and notices of proposed change (NOPC), both of which are on file with the Department for the Fiddler's Creek DRI. If the Department had reviewed the master plan for the Fiddler's Creek NOPC and the data submitted with the NOPC as well as the proposed Plan Amendment, or had simply placed a phone call to the Collier County staff or to representatives of Fiddler's Creek, it would have quickly determined that there are substantial commercial and other land uses available to the future residents of the Plan Amendment Area. A variety of land uses are to be found both within the DRI and within a short driving distance beyond the boundaries of the project. Such an inquiry by the Department could have easily determined the following: 1. In addition to residential use, the master plan for the Plan Amendment Area contains the following uses: two park sites, J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 4 golf course use, extensive preserve and open space areas and a system of lakes with the Fiddler's Creek spreader-swale system tha~ will result in improved drainage to State-owned wetlands to the south and west of the project. The master plan also depicts an internal road network that provides easy access to the adjoining portions of Fiddler's Creek and to U.S. 41 and S.R. 951. 2. The master plan for Fiddler's Creek shows that the residents will be within close walking or bicycling proximity to three centers for recreation amenities (golf, tennis and club centers) each of which will have some restaurant and commercial shopping opportunities available only to the residents of Fiddler's Creek. The three centers will contain the following uses: , a. Club center: approximately 30,000 square feet o£ commercial and restaurant uses are currently under construction (see attached newspaper article). A total of approximately 64,000 square feet of non-residential use will be included within the club center. These uses include the following: approximately 27,000 square foot fitness center~, administrative offices, 240 seat restaurant, arts and crafts rooms, pool-side bar and grill seating 90 people, and social rooms. : b. Golf center: The golf club center will include approximately a 30,000 square foot facility that will accommodate a 200+ seat restaurant and grill area, golf pro shop, card rooms, locker rooms, billiards, a deli/juice bar, postage and ATM areas and a swimming pool. c. Tennis center: The tennis center will contain up to 24 tennis courts, a tennis pro shop, ATM and postage machines and a juice bar with up to 40 seats. 3. The approved DRI master plan for Fiddler's Creek also depicts two business/commercial centers within the project, one located on U.S. 41 and the other on S.R. 951, at project entrances from these roadways. These approved commercial parcels total 33+ acres in size, and are authorized to contain up to 325,000 gross square feet of business/commercial use. Of this total, approximately 300,000 gross square feet will be located on the 27 acre site at the entrance off of S.R. 951. This site will contain the following uses: A large Publix-type supermarket, drug store, various boutique shops, professional offices, a theme restaurant and a bank. Attached to this letter is a conceptual site plan for the S.R. 951 commercial site. The remaining commercial acreage, approximately 6.5 acres along U.S. 41, will provide approximately I I I I J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 5 25,000 square feet of commercial use consisting primarily of fast~- food, gasoline and convenience store use. 4. Fiddler's Creek has committed 2.5 acres of land at one of the project entrances on U.S. 41 for Collier County's use as a library facility and 3.6 acres for an emergency services site to include fire station, sheriff's office and emergency medical services. Immediately adjacent to Fiddler's Creek is a regional park site, an elementary school and a middle schoo]. 5. In addition to the designated commercial uses inside the Fiddler's Creek DRI, the Plan Amendment Area is within a short driving distance from the following existing or designated commercial uses: a. Activity Center ltl8: The Collier County Comprehent sive Plan's Future Land Use Map designates a 122 acre "activity center" (tt18) at the intersection of U.S. 41 a~d C.R. 951. This activity center is approximately 3 miles wes't of both the Plan Amendment Area and the eastern-most entrance to Fiddler's Creek from U.S. 41. Activity Center ~18 is projected by Collier County to contain up to 805,000 gross square feet of commercial uses. The existing Freedom Square shopping center, consisting of approximately 210,000 square feet on a 20 acre parcel, is located in the north-west quadrant of the activity center and is part of the Lely Resort DRI. The approved Lely Resort DRI is being developed north and west of the activity center and is authorized to contain a total of 820,000 square feet of commercial space, most of which will be within the activity center. Activity Center ~18 currently contains 337,102 square feet of developed commercial uses. This commercial development includes both the Freedom Square and Eagle Creek shopping centers located in the northwest and southwest quadrants of the activity center, respectively. Remaining undeveloped commercial acreage within the activity center will accommodate a total of 467,800 square feet on land zoned "commercial,' (194,600 square feet) and "commercial PUD" (273,200 square feet). A copy of Collier County's adopted map of Activity Center ~18 is attached. b. Coral Isle Shopping Center: This shopping center consists of 129,972 square feet of factory outlet shops. This shopping center is on C.R. 951 about 1.25 miles north of the J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 6 C.R. 951 entrance to Fiddler's Creek, and it is approximately 1.3 miles from the nearest entrance to Fiddler's Creek on U.S. 41. c. There are two commercially zoned parcels with a total of 8 acres of land (3 acres zoned C-4 and 5 acres zoned C-5) on the north side of U.S. 41, immediately north of and adjacent to the Plan Amendment Area. d. There is a 6 acre strip of commercially zoned (C-2) property on the north side of U.S. 41, a few hundred yards west of the plan amendment acreage. e. There are 3 commercially zoned parcels, with a total o£ 12 acres of land (5 acres zoned C-4, 7 acres zoned C-3) on the south side of U.S. 41, a few hundred yards east o£ the plan amendment acreage. If the Department had reviewed the Fiddler's Creek DRI master plan, the supporting NOPC information submitted in conjunction with this proposed Plan Amendment and inquired as to the numerous existing non-residential uses near Fiddler's Creek, the ORC Report objection would have been seen to be inaccurate and unnecessary. A phone call by DCA to representatives of Fiddler's Creek or to Collier County staff would have revealed that there are numerous non-residential land uses, and more specifically, that there are numerous commercial/retail uses and opportunities for residents of the Plan Amendment Area, both within the Fiddler's Creek project and in close proximity thereto. The Department's ORC Report states that the proposed Plan Amendment is inconsistent with policies 16.1 and 16.3 of the State Comprehensive Plan. My phone discussions with you and your staff confirm that these noted ,,inconsistencies" will be addressed, and will be eliminated by adequate data showing that the Amendment does not over allocate a single use and that there will be an attractive and functional mix of uses; particularly including commercial uses, available to residents within the Plan Amendment Area. We are confident that the information concerning commercial and non-residential uses available to Fiddler's Creek residents summarized in this letter provides more than sufficient data to address the objection raised by the Department in its ORC Report. We will make every effort to ensure that this information is formally submitted by Collier County to the Department along with an adopted Plan Amendment so the Department may consider it during its plan amendment compliance determination. If you or your staff J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 7 have any questions concerning the amount of non-residential land uses available to the residents of the Fiddler's Creek DRI, including the Plan Amendment Area, please do not hesitate to call me. We thank you and the Department's staff for your time and effort spent in evaluating this Plan Amendment. .~Lau~es~Very 3~ruly your~ , attachments l'fiddlers\beck.orc cc: Wayne Arnold Ron Nino Marjorie Student I I I I II II I I II I III I II II'11 I Iday, December 21, 1997 ddler's Creek ilub project under way giddler's Cre~k. ;, 2,381-a :re. country ch,b community developed by Gu[f Bay Commu ties, has sta~ed the construe* )n of the com~tlunity'5 nter, The Club & Epa at Fid- dler's Creek. u Ludwig, the community's les and marketin~ director. id the club, located on an ll-acre site on Fiddler's Creek. 'l composed of the clubhouse, ;g aquatic club and the racquet 2_~he clubhouse wilt have /,~ square feet and an expan- ;6n capacity of up :to ~,6~ Uare feet. Within the bgilding ~.'~e community's spa and fit- a~s club, social rooms,'residen- .e~ices and a restaurant. e .res~urant will offer in- .dining, dining outdoors un- ~er ~o~f, or dining in open air ati~ overlbo~ng the pool and ddler's Cree~ RefreshmenL~ e se~ed in t~e indoor lounge ~nd at the poolside ti~ bar and ~ill.'A'board room is also avail- l~le within the res~urant for ~ivate dining. ... The Spa and Fitness Club will qaVe cardiovascular exercise uipment, an aerobic studio, assage rooms, locker rooms, earn rooms, and saunas. ~' The clubhouse will also have tivi~ rooms, an a~s and craRs om, a fitness~ennis pro shop, ~iness center, an automatic teller machine, the base for the ~ommunity's concierge settees, ~d administrative offices. ~L'.The Aquatic Club consists of a reso~-style pool that spans ap REAL ESTATE A scale model depicts the 30,000 square-foot club center. proximately 10,000 square feet. It includes a river, waterfalls and sprays, and separate lap and aerobic areas Around the' pool deck, which measures ap- proximately 1.6 acres in size, is a whirlpool, children's wading pool, barbecue pit ar(.a, and tor Grill, which will providt. poolside food and bevera~(, service. The Racquet ('lub, to be local ed adjacent to the clubhouse, will have 11 lighted hydro-grid tennis courts, a tennis pro shop, and tennis professionals over- seeing tournaments, lessons and league pla:,' Tile Club & Spa at l.'iddler's Creek was designed by Archit~.c rural Design Grovp Inc. (AD(.;), headquartered in Fort Imuder. dale. ", AI)G l'rincil)al Michael I.. ,Ramsey said Tiw Club & Spa :will imitate the architectural de- tails designed into the communi- ty's sales center located near Fiddler's Creek's main entrance, "We're usin~ (.;~st stone, col. tlillll S. ;I l'(' h w ;1~'.', ,[I I1 d covered wl~lkw;Lv:'; 1') COlltinll~.' the IiCi) traditional theme," said Ram- sey. "Tile floor finishes, tiled walkways, textured stucco wall: and even the light fixtures wili compliment the community's ar chiteeture." Fiddler's Creek is located ot State Road 951, appr.xinlatcl: thrce miles s.tJth (,fl; S 41 East II I I I I I I I I I I I I I Team Plan. Inc. I I I I I I I I I I I I I I I I I I I PLANNING COMMISSION MEETING TRANSCRIPT MAy 26, 1988 I I I I MEMORANDUM Date: To: From: Subject: June 16, 1988 Collier County Planning Commission Jane Fitzpatrick, Growth Management Director Minutes: May 2~, ~1988 Public Hearing Enclosed please find a copy of the minutes for the May 26, 1988 CCPC Public Hearing on the Growth Management Plan. cc: BCC CAC I I I I I I I I I I I I JAF/jk/JF8860 I I I I I ! I I I I I I I I I I I I 'hATE: TIME: PLACE: MINUTES OF THE COLLIER COUNTY PLANNING COMMISSION PUBLIC HEARING GROWTH MANAGEMENT PLAN May 26, 1988 8:30 A.M. 3rd Floor Boardroom, Building "F", Collier County Courthouse Complex, Naples, Florida CCPC STAFF PRESENT CHRISTY X BLANCHARD X CORLEY EXC. CUYLER X KEYES X DOMBROWSKI X OATES X FITZPATRICK X SMUDER EXC. GAUTHIER X * THOMAS X LAVERTY X TRACY X STUDENT X WILLIAMS X WILEY X ZIMMERMAN X * Arrived at 10:50 A. M. MINUTES BY: Ellie Hoffman and Maureen Kenyon, (11:00 A.M.) Deputy Clerks. CALLED TO ORDER AT: 8:30 A.M. RECESSED: 1:35 P.M. (Until June 1 at 6:00 P.M.) PRESIDING: Edward J. Oates, Jr., Chairman ADDENDA TO THE AGENDA: Items added by Chairman Oates. APPROVAL OF MINUTES: April 14, and May 5, 1988. Page 1 COLLIER COUNTY PLANNING CO~IISSION PUBLIC HEARING GROWTH MANAGEMENT PLA~ MAY 26, 1988 8:30 A.M. ADVERTISED PUBLIC HEARING ae CONSIDER RECOMMENDATIONS TO THE COLLIER COUNTY BOARD OF COUNTY COmmiSSIONERS FOR THE FUTURE LAND USE, CAPITAL IMPROVEMENTS, RECREATION AND OPEN SPACE AND INTERGOVERNMENTAL COORDINATION ELEMENTS OF THE GROWTH MANAGEMENT PLAK. I. FUTURE LAND USE ELEMENT A. OVERVIEW B. MAJOR ISSUES 1. VESTED RIGHTS AND CONCURRENCY ao Staff Recommendation CAC Recommendation Public Comment CCPC Recommendation 2. URBAN BOUNDARIES a. Staff Recommendation b. CAC Recommcndation c. Public Comment d. CCPC Recommendation 3. CO~ERCIAL LAND USE a. Staff Recommendation b. CAC Recommendation c. Public Comment d. CCPC Recommendation 4. RESIDENTIAL DENSITY a. Staff Recommendation b. CAC Recommendation ' c; Public Comment d. CCPC Recommendation 5. OTHER OBJECTIVES AND POLICIES a. Staff Recommendation b. CAC Recommendation c. Public Comment d. CCPC Recommendation II. CAPITAL IMPROVEMENT ELEMENT A. Staff Recommendation B. CAC Recommendation C. Public Comment D. CCPC Recommendation III. RECREATION AND OPEN SPACE ELEMENT A. Staff Recommendation B. CAC Recommendation C. Public Comment D. CCPC Recommendation IV. INTERGOVERNMENTAL COORDINATION ELEMENT A. Staff Recommendation B. CAC Recommendation C. Public Comment D. CCPC Recommendation JAF/Jk/JFS~31 I I I I I I I I I .I I I I I I I I I COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 ~TEM: COMMENTS: ITEM: MOTION: ITEM: COMMENTS: Addenda to Agenda Chairman Oates advised that he has received a letter from the Collier County Builders and Contractors Association, regarding the Conservation and Coastal Management Elements, and asked that Staff forward these to County Manager Dorrill; let- ters from the Florida Urban Institute, Inc., and Mr. John A. Cummings were received regarding the Plantec report, and a letter from Mr. Clarence Smuder, regarding the rezoning of a portion of Golden Gate Parkway (Mr'. Oates stated that he will hold this letter for discussion at another meeting, since subject will not be discussed today). Approval of Minutes Made by Mr. Zimmerman to ~pprove the minutes of April 14 and May 5~ 1988~ as presented. Seconded by Mr. Trac¥. Carried 5/0. Future Land Use Element Planner Gauthier stated that staff has been working closley with the CAC on this Element, and has also been working with the R/UDAT Committee. He advised that the primary Goal of this Element, is to guide land use decision making through the Objectives and Policies and the Future Land Use Map. He noted that there is one Goal and five Objectives con- tained in the Element. Mr. Gauthier indicated that the Future Land Use Map includes four major designations: Rural, Urban, Estates and Conservation. There are four major themes in the Future Land Use Element, as noted by Mr. Gauthier: Coastal Development - To reduce the level of new densities through the density rating system and the approach to urban boundaries, in high risk hurricane areas. Page 2 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Traffic - Lower new densities in areas subject to long-term traffic congestion. Commercial Approach - Concentrate nearly all new commercial approvals in Activity Centers. Long Range Concurrency - A balance of the planned and committed land uses with the planned Public facility capacity. Mr. Gauthier advised that the six major changes relative to the 1983 Plan are: 1. Modification of urban boundaries. o Modification of the density rating system. The Commercial Activity Center approach. . Establishment of an Airport Noise Zone on the Future Land Use Map and requiring sound- proofing within that noise zone. Establishment of a conservation designation on the Future Land Use Map, which would encompass the Big Cypress Area Critical State concern. Establishment of a Vested Rights Program and a Vested Rights Procedure. Mr. Charles Siemen, consultant, stated that rec6m-' mendations based on the study is to establish a 5 year period in which any existing deficiencies will be addressed. He noted that if an immediate Development Order requirement is put into place there must be adequate facilities 'available to serve that new growth and development without having a sub-standard level of service, noting that granting of permits would be based on a program- matic-response. Mr. Siemen noted that a broader issue is that during the 5 year time horizon, the land develop- ment regulations should address the issues specifi- cally and the details of the adjustments to be made should be developed as part of the implementation Page 3 I I COLLIER COUNTY PLANNING COMMISSION 12AI MAY 26, 1988 I I I I I I I I I I I I I I I I program. He stated that at the end of the five years, the policy of the County ought to be to bring into alignment the amount of plan permitted, zoned development on the long and sho~t term planning, with the long and short term capital facilities. Mr. David Land, representing the CAC stated that with respect to the concurrency issue, a distinc- tion must be made as to what you "have" to do, and what you "choose" to do, noting that a distinction must be made between zoning, and the permits them- selves, tie noted that he agrees that a building permit may not be able to be issued, but the zoning does not have to be eliminated. With regards to the lack of road concurrency, Mr. Land stated that if the total urban designated area is looked at, and then the total sewer and water is looked at, there will not be concurrency in that entire area for sewer and water during that period of time. He indicated that if someone wants to develop outside of that area, they would have to provide the sewer and water. He stated that the same thing would apply to the roads, adding that he does not understand why this has to affect the zoning. Mr. Land noted that the CAC took the approach to "grandfather in" all existing zoning, however, the County could initiate specific rezones, if they felt they were significantly important and in violation of what the County is trying to accomplish. He stated that most, if not all the PUD's that have been approved seem to be in compliance with the current Comp Plan, and once these PUD's or any zoned areas are rezoned, they tend to pay higher taxes. He inquired as to whether the County has estimated what the loss of taxes will be if these properties are rezoned to A-2, if they are not used in 5 years? Chairman Oates stated that he concurs with Mr. Land that every PUD should not be rezoned, but added that some of these properties have been sitting for 10-12 years with nothing being done. Page 4 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Mr. Siemen indicated that he cannot specifically say what the County's legal obligation is with regard to existing zoning. He stated that the policy is not recommending wholesale rezoning, but rather that within 5 years that the Board of County Commissioners will bring into alignment the plan permitted development capacity, and its capital facilities capacity. He noted that under the deve- lopment of the regional impact process, the first thing that is looked at regarding permitted deve- lopment is an assessment of what the adequate level of service is. }{e noted that he is strongly recom- mending agJnast the notion that it is alright to leave the zoning out there, adding that the innoc- ent purchasers of the future deserve to know what the County's intentions are as to providing Capital Facilities. Mr. Land stated that he agrees that things cannot be done which do not require that the service be provided, adding that there are two approaches to this: If the County has not proivded it, the deve- loper has to provide it, adding that he sees no reason why the County would prevent new zoning to be developed or issued, if the additional services can be provided. A lot of the commercial zoning is well within acceptable levels of service, and can be accommodated by existing service. Mr. Land stated that a final assessment of the eco- nomic impact factors should be made, as to what the potential loss in value will be to' the private sec- tor, and what the potential loss in tax revenue be to the County if the very servere "Use It Or Loose It" in five years approach is taken. Mr. Milton Hahn noted that he is requesting that Section 31, Township 48 South, Range 27 East, be included in the urban area, adding that based on the 553 acre size of the property, a developer could provide the facilities if he could get use of the property to develop it. He asked if it will Page 5 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 not be possible for a developer to provide the facilities if he commits to it when he is given a permit to go ahead? Mr. Christy stated that it is a much broader issue than just the water and sewer, adding that it would also relate to the population. County Attorney Cuyler advised that there are some facilities that a developer can provide, but noted that there are problems when facilities that are generally provided by the Government, i.e. roadway segments, a certain development will be affected, and is beyond a developer's capabilities to improve if the level of services is below what is should be. Attorney George Varnadoe stated that he feels ther~ will be a "self-fulfilling prophecy" with the "Use It Or Loose It Program". He added that during the past 5 years staff has indicated that there is com- mercial zoning in inappropriate places, and noted that he agrees, but nothing has been done to do away with the inappropriate zoning. He stated that the proposed program will promote inappropriate uses, in appropriate places, at inappropriate times. He referred to Policy "K", on Page LU-29, second sentence, which states the zoning will be changed to an agricultural classification. He suggested a language change to that Policy, which resulted in a very lengthy discussion. *** RECESS 10:00 A'.M% - 10:10 A.M. *** During the recess, Mr. Siemen, and Attorneys Cuyler, Student and Varnadoe agreed on the following verbiage for Policy "K": Establish a zoning re-evaluation program for unimproved property that shall be carried out within three years of the adoption of this Plan. If the zoning is determined to be inappropriate and is not determined to be vested, the zoning shall be changed to an appropriate zoning classification. Annually, thereafter, al] zoning approva]s shall be re-evaluated on the fifth anniversary of the approval. Page 6 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Attorney Linda Lawson, representing Pelican Bay, stated that she is looking at the vested issue from the point of view of having a long standing PUD and DRI that has been under continuous development for approximately ten years, and that she does not see anything in the Plan which indicates that anything is clearly vested, including a long standing DR! that is under continuous development. She stated that she feel~ that the provision in Chapter ]63 clearly indicates the latest expression of the Legislature on vesting, adding that she feels this should be a clear policy of this Board. Mr. Siemen indicated that Pelican Bay may have a vested right, but there are other DRI's in the County which may not have similar rights, noting that those rights would be evaluated, under the process that he is recommending, which would alter or modify the rights of some DRI's, depending upon a variety of factors, and the activity of the Development Order. Mr. William Vines stated that the problem of vesting to eliminate improper zoning, is the long linear strips of roadside commercial zoning that should never have been established. He added that a typical resolution of the matter is to surround the development of commercial roadside properties with special regulatory requirements that minimize adverse impacts on traffic flow and adjoining pro- perties. He suggested that vesting requirements should not mandate elimination of zoning and the Land Use Element should not prohibit commercial utilization. He indicated that he supports the notion that unused commercial zoning or any zoning, should be re-evaluated, but that he cannot support the notion that in the case of commercial zoning, there will always be a more appropriate use. There were no other public speakers. Mr. Gauthier, in response to Mr. Keyes, noted that the language on Pages 16 and 17 will be changed to coincide with Policy "K". Page 7 I I COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 ITEM: CO~IENTS: Urban Boundaries Mr. Gauthier advised that it is being proposed that the urban boundaries in the western coastal areas be brought in, in two locations. ~{e noted that the first area is the one mile wide column running east of 951, south of Alligator Alley, and north of U.S. 41, which consists of approximately 4,485 acres of land, with a potential population at a density assumption of slightly under 4 units per acre, of approximately 41,000 people. }{e noted that 52% of this land is wetlands, and the concern is water management. }{e stated that if this area is to be urban, it will require 10 million dollars worth of work. Mr. Gauthier noted that the second area is the southeastern tail of the urban area, which extends. down to the Collier Seminole State Park, and con- sists of 5,100 acres with 50% agriculture. stated that the rationale in eliminating this from the urban area is: Concerns regarding evacuation - There is a large load of people on Marco, and there is the Marco Shores DRI with 12,000 units, noting that there is a limited evacuation capacity with the current road configuration, and there is a deficiency in shelters, County-wide, noting that it would not be wise to load addi- tional people in this area. Urban Sprawl -'This area is far removed from the core of development and lacks facilities, and there is a problem with water management in this area, but noted that as development moves out, the time will come for this area to be urban. Traffic - The East Trail is diagonal, and catches all the traffic moving east and west and north and south, noting that there are limited options as far as expanding that road, ~ or providing adjacent corridors. Mr. Gauthier advised that recommendation of Staff is that both of these areas be put in the rural classification. Page 8 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Mr. Land stated that in the beginning, the CAC felt that the urban boundaries should remain where they are, but in the spirit of compromise, agreed to delete the "tail", if the areas east of 951 and north of Rookery Bay were left in. He stated that within the limits of 9J5, it would be possible to call that entire area a separate drainage bas[n, adding that yqu can set establish different levels of service, which would allow having to make the expenditure at this time. He noted, that in addi- tion, any development that did occur, would be required to come up to the level of service for the entire urban area. He stated that the same logic applies to the "tail" area, as well. Mr. Varnadoe stated that he favors leaving the urban boundaries as they presently are shown in the current Comp Plan. He noted that a big water main. was run through 951 during the last few years, ~ people abutting 951 are now being taxed. He states that the southern boundary of the line, as it is proposed, would exclude some of the Lely and Collier DRI properties. He indicated that in his opinion, the line that should be used is the boundary line of the Rookery Bay National Estuary and Sanctuary. Mr. Rich Henderlong of Collier Development Corporation, indicated that through the 5 year planning process of the Collier DRI, there were six different lines debated with State and local Government, adding that the County adopted a line line in 1980, adding that if the proposed line is adopted, there will be two hotels, and resort housing excluded from the already approved pro- ject, that has gone through a fairly significant process. ~e noted that he is suggestimg that the Aquatic National Estuarine Sanctuary line be the line to establish the urban vs. non-urban areas. Mr. John Beebe, President of the Lakewood Civic Association, stated his concerns with urban sprawl, the high cost of providing drainage, roads, water/sewer, police and fire control, mosquito control, parks and recreational facilities, and other government service within the 20 square miles Page 9 I I COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 I I I I I I i I I i I I I i I that is being discussed. He noted that many ele- ments of the infrastructures were neglected, and now the County must play "catchup". He stated that there is already a shortfall of funds in the 5-10 year programs and many roads will be reduced to "D" or a lower level of service, before funding is available to incease their capacity. }~e suggested that the urban boundary reduction, as proposed by staff, be approved, and that the proposals made in the land use study by Reynolds, Smith and Hill be approved. Mr. Alan Reynolds of Wilson, Miller, Barton, Soli & Peek, Inc., stated that he feels the issue of the urban boundary from a planning philosophy, which is trying to accomplish several different things in the plan, are incompatible with each other. He noted that the growth and infrastructures have beer planned according to the urban limits which have been in place for some time, and feels that the recommendation of the CAC is an appropriate one. He indicated that from every poimt of view, there are urbaa services projected to serve this area. He further stated that if a piece property east of 951 is compared to a piece of property west of 95] and the water management facilities that exist are evaluated, the properties east of 951 are in a much better position with respect to water management, adding that those areas have a positive outfall, which is the 951 Canal. Mr. Reynolds indicated that another concern about pulling the lines in, is where the affordable housing will be accommodated in the urban area? He noted that the land prices to the east are less than those of the west, and that he feels this is a part of the County which has the opportunity to put high quality, but affordable housing in place. He stated that this area is much more developable, and has better infrastructures available to it than a lot of properties which are already in the urban area and will remain there. He suggested keeping the urban lines where they exist today. Ms. Charlotte Gillis of Reynolds, Smith and Hills and representing A. Duda & Sons, landholders, Page 10 I I I I I COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 stated that she is suggesting that the urban boun- daries remain as they are today, noting to change them, as proposed, would not be in the best interest of the citizens of Collier County. *** Deputy Clerk Kenyon~replaced Deputy Clerk Hoffman at this time: 11:00 A.M. *** CO~4ENTS: MOTION: Mr. Milton }lahn ~'tated that the section of land that he owns is east of C.R. 951 and he is asking that it be included in the urban area. He noted that this pro-. petty consists of 553 acres and there will be a water plant one mile north of his property. He noted that there is a recorded right-of-way from the road that could be an ingress and egress in both directions and south of his property, there are three roads that could be used. He stated that south of Alligator Alley there are problems with infrastructures and it . does not make sense to include that area that is one mile east of 951 into the urban area. He noted that the urban boundary line should be squared off so that this property and other property in the area could logically and reasonably be included in the urban area. He stated that this property would be a good start for affordable housing and the property is large enough so that a developer could put in the required infrastructures and still preserve the rest of the area. He concluded by stating that he is requesting that this property be included in the urban area. There were no other registered speakers. Made by Mr. Keyes to'leave the boundary one mile east of 951; that the tail be included as requested by Duda Farms; that the "ST,, line be the boundary that can be adjustable; and that the level of service standard be lowered one notch and let the develope~~ worry about meeting the requirements in the area east of 951. Seconded by Mr. Thomas. Carried 6/1, (Mr. Christy opposed). County Attorney Cuyler stated that Mr. Henderlong,s project is a DRI and there is substantial chance that what he is saying with regard to losing some land use is not going to turn out to be relevant. He stated Page 11 I I COLLIER COUNTY PLANNING C05~ISSION 12AI MAY 26, 1988 I I I I I I I I I I I I I I I ITEM: COMMENTS: that he has not looked at the legal ramifications of having an adjustable "ST" line as a boundary. ** Mr. Zimmerman left the meeting at 11:25 A.M.** ** Recess: 11:25 A.M.- Reconvened: 11:35 A.M.** COMMERCIAL LAND USE Planner Gauthier stated that the staff recommended approval of 21 activity centers, adding that the loca- tion of them has been based on intersection criteria, on a 2 mile spacing criteria, plus using an overall allocation of 12 million square feet which is pro- jected to be needed in the next 20 years. He noted that 18 of these centers would be community activity centers and the entire range of commercial usage would be permissible, adding that they are suggesting that the 3 interchange activity centers be treated dif- ferently. He noted that the interchange activity cen- ters should be limited to commercial uses for the traveling public. He noted that of all the activity centers are sized the same, adding that they are squares, half-mile on the sides and centered on the intersections with the 160 acres. He stated that he is recommending that only 50% of the 160 acres be allowed to be commercially zoned in order to ensure a mixed use character for these activity centers. He stated that staff is recommending no cap on individual projects for commercial acreage and they are suggesting that if 75% or more of a single project is within an activity center, the whole project will be treated as though it iD in the activity center. He stated that within the urban area, in-fill commercial development will be allowed under certain criteria and staff is suggesting that convenience Commercial zoning be allowed in areas designated rural and estates and in that case, there would be a maximum size of 2.5 acres of commercial and a five mile spacing criteria. He noted that the estimated total allocation under this approach would be about 1749 acres of commercial zoning which should result in 12,100,000 square feet of development at the projected floor area ratios. He noted that the consultants propose a system of acti- vity centers that will be Class I through Class V and the sizes get bigger and as they go up the classes and Page 12 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 the range of commercial uses would expand. He noted that their approach had a limit on the amount of square footage within the activity center that would be permissable as well as a single project limit on square footage. He noted that the CAC approach was to treat all activity centers the same; have them 160 acres with half mile on the sides, but allow them to be 100% commercially zoned. Mr. Tom Jackson of Plantec stated that this study was initiated based on the concerns of the County with regards to commercial development. He noted that the first phase of the study was the inventory of ]and use which indicated that there is 1800 acres of existing commercial land use in the County, including the City of Naples, and land use that is lying outside commer- cially zoned areas which were found in Industrial zoned categories. He stated that there was aDproxima-. rely 9.1 million square feet of built space on these commercial acres. He noted that there is 3.2 million square feet outside of commercially zoned areas which means there is over 12 million square feet as of 1987. He noted that the concept that he used throughout the study was floor area ratio. He indicated that a complete inventory was done of zoned land which indi- cates that there is 4,434 acres of commercial land in the county, the actual amount of that which is deve- loped is 1,100 acres which is about 25% of the supply of commercial land. He stated that the next phase of the study was to determine how much additional commer- cial land use the County would need, adding that an elaborate market analysis was done of the County based on population forecast'and employment. He noted that the retail forecast was done based on projections of retail sales based on year round population as well as seasonal expenditure forecast and the overall ratio that was used in projecting retail demand was $175.00 of retail sales per square foot of developed space. He noted that the total inventory, it was determined that retail needed 982 additiomal acres for the 2005 year planning period; office needed 260 additional acres; hotel, 163 acres; and other commercial land uses, 145 acres. He noted that there would be a need for approximately 1500 acres of commercial land use over the planning period. He stated that on the basis of the market forecast and inventory, it was deter- Page 13 I I I I I i I I I I I I COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 mined that there is an enormous over-supply of commer- cially zoned land, but it may not be in the right location. He noted that there were caps put on each activity center in terms of square footage and a ~ spacing requirement was designated between each class of activity center. He indicated that their study showed an additional 5 activity centers for the future at various intersections of the County. Mr. Oates stated that if the activity centers are ]/4 mile from the intersections, it may not include the Towne Center Shopping Center, which is not accurate, as the Towne Center is a big activity center and if they wanted to expand it, based on this criteria, they may not be allowed to which is something that should be taken into consideration. ** Mr. Williams left the meeting at 11:55 A.M. ** Planner Gauthier stated that there is a lot of commer- cial zoning that is not in the activity centers and that which is undeveloped property will be treated under Policy "K", and the commercial property that is developed, is developed zoning, but it does not con- form to the land use map and it is not explicit on how this property will be treated. Mr. Oates stated that the Towne Center concern should be resolved by staff prior to going to the BCC with this element. Mr. Ken Krevlin of Plantec stated that the reason that their plan was set according to classes for activity centers was to try to accommodate some flexibility in the system. Mr. Land stated that he will have to leave the meeting soon and would like the CCPC to know that the CAC is in agreement with staff on the residential density issue as it currently stands. He indicated that the general philosophy of the CAC with regards to commer- cial is that the government should be providing a grand vision of what the County should be, adding that broad parameters should be set and filling of the details should be left to the citizens and the marketplace, tie stated that there is a danger of Page 14 Ill II II III I IIII I ..... I II II COLLIER COUNTY PLANNING COMMISSION MAY 26 1988 . government becoming too specific, too far in advance of development and not being cognizant of changes, economic conditions, taste of Preference, etc. He noted that there are four main differences with staff; the activity locations that were selected; the 100% utilization within the activity centers as opposed to 50%; the interstate interchange node; and whether com- mercial would be allowed within the State Conservation areas of the Coudty. lie noted that there were three activity centers that the County staff deleted and the CAC left in; Airport Road and Vanderbilt Drive; U.S. 41 and Wiggins Pass; and Radio Road and Santa Barbara Blvd. He indicated that the CAC felt the interchanges should be 1/4 mile from the intersection and the per- missable development should then be expanded up to 100% commercial use. He stated that with regard to interstate interchange, it was felt that the traveling public and light industry was a bit too restrictive . and realistic, adding that it should be more flexible. He stated that with regards to the conservation areas, CAC feels that there cannot be anymore than 2-1/2 acres and in addition, the distance is 5 miles instead of 2 miles. He stated that they did not feel that 2-1/2 acres of commercial every five miles was going to be onerous to the environment. Attorney Bruce Anderson of Young, Van Assenderp, Varnadoe & Benton, stated that he is asking that U.S. 41 and Wiggins Pass Road be considered an activity center as well as Airport Road and Vanderbilt Road. He noted that the intersection of U.S..41 and Wiggins' Pass is within 1-1/2 mile service area of Wiggins Bay, Bay Forest, Audubon Country Club, Imperial West, and the Retreat, adding that commercial development already exists on 3 sides of this intersection and it is also the last intersection of a collector road in Collier County with U.S. 41 before the Lee County line. He noted that the intersection of Airport Road and Vanderbilt Beach Road Extension will redistribute the traffic and move people from the eastern part of the County to the western part and vice versa. He stated that there is 5.9 acres zoned commercial PUD as part of the Vineyards at this inter- section. He noted that this is a natural location for an activity center. Page 15 ! I COLLIER COUNTY PLANNING CO~.~IISSION MAY 26, 1988 I I I Mr. Bob Duane of Young, Van Assenderp, Varnadoe and Benton, stated that he bases his premise on two points; the criteria is met as set forth in the con- sultant's study and the land use in the zoning pattern bears out the need to zone the area at U.S. 41 and Wiggins Pass for commercial land use. He noted that there is a demand for another 100 acres of commercial land use in the North Naples planning community, l.{e noted that if an activity center was designated at this intersection, there would be two choices for this site; one would be the commercial in-fill criteria and this site could not meet that criteria and it may not be able to be used as a Class I center. He noted that the only other choice would be residential at 4 units per acre which is not realistic or a reasonable use of this property. Mr. Alan Reynolds of Wilson, Miller, Barton, Soll& Peek, Inc., stated that all the recommendations from Plantec, CAC, and staff have worthy points but not will do the proper job. He stated that there is a long way to go before there is an adequate policy that can be adopted. He stated that he feels that the interchanges should provide a broad range of uses. lie indicated that activity centers should not all be the same size as there are intersections that do not warrant as much commercial activity as other areas. He noted that they will all have different market demands and different themes, lie stated that he feels the whole issue needs more study. He stated that the locations that the market has indicated are the best, are the ones that have development and zoning already, but have no opportunity to expand under the staff pro- posal. He stated that under this proposal, there are already seven activity centers that would not allow any additional expansion, which is a problem. He indicating that CAC has a better recommendation with regard to this issuo than staff. He also noted that an activity center has been missed which was in Plantec's original center, which is at the intersec- tion of Rattlesnake Hammock Road and C.R. 951, adding that this intersection is more than 3 mi]es from the other two activity centers that are designated on the map. He stated that he feels that the future land use needs more time and study put into it before it is approved. Page 16 COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 Mr. Vines of Vines & Associates, Inc., stated that his problem with the growth management plan is that it says that all commercial development shall take place in the activity centers with the exception of some fill commercial development. He stated that there are appropriate locations for smaller scaled different kinds of commercial development in other areas than the large activity centers. He noted that a typical example is a neighborhood shopping center that is typically anchored by a supermarket and a drug store usually on a 10 to 15 acre site. ~{e stated that to require these kinds of facilities to be located in large activity center is not appropriate. Mr. Joe Townsend stated that he agrees with having an activity center at the intersection of Rattlesnake Hammock and C.R. 951. Mr. Wafaa Assaad, [epresenting the CAC, stated that t they agree with the idea of the activity centers as it is a good practice and creates a good character in the subdivisions. He noted that they should also be flexible in uses and the uses should be expanded, adding that all activity nodes should be located on the future land use map. He indicated that there should also be designated access control. He stated that there should be some type of unified control with regards to architectural design, and signs, adding that there should also be a common element for the activity center like signage control, continuous landscaping and buffering or a particular theme. He noted that the highway activities are not only for the traveling public but for the local public as well. He stated that these interchanges cannot have 160 acres of land set up with 7-11's, Super America's and hotels and motels. He noted that these have fine uses, but there should be flexibility in order to have things like a Regional Mall as the highways are a nice way of transporting people. He noted that these interchanges should be expanded in use to allow the largest scope of uses in activity centers because this is where the people will go to get in and out as it is done in a much easier pace. He noted that the measuring of the interchanges should be handled by measuring from the center line as a considerable amount of land is being lost within the highway right-of-way. Page 17 I I COLLIER COUNTY PLANNING COMMISSION. MAY 26, 1988 ! I I I I Dr. Neno Spagna stated that he feels that there should be no limit around interchanges with regards to com- mercial activities. He stated that as far as uses, any commercial activities should be allowed as long as it is done in a good manner and according to perfor- mance standards, lIe stated that with regards to Plantec indicating that marketable feasibility studies should be done, it is not something that should be included in this'element. He noted that if someone wants a rezone it should be done on the basis of com- patibility, infrastructure, and whether it is the proper area, but it should not be done on the basis of whether money is made or lost. Mr. Don Ashley, resident of Rattlesnake Hammock area, stated that commercial should be considered in this area in order to assist the people that live in the area. He noted that there, is definitely some commer-. cial needed within the area and the corner of Rattlesnake Hammock and C.R. 951 would be the proper location. Attorney George Varnadoe, stated that he supports the CAC recommesdation for the use of only one type of activity center and access should be controlled at these centers as well as having performance standards on access and the architectural style, lie stated that' he would suggest that the activity centers in Immokalee be deleted until the master plan has been completed for Immokalee. He noted that there has been no distinction is the comprehensive plan between retail commercial and office commercial and there is a big distinction as retail commercial is very traffic intensive and office retail is fairly unobtrusive, adding that he would suggest that the word "retail" be inserted in the comprehensive plan where it states that only one-half could be used for retail commercial development, which would allow the rest of it to be used for mixed use or office which would be a good buffer between the residential and the retail commer- cial. He indicated that the neighborhood shopping center should not be left out, adding that there are certain types of development that by their nature and extent justifies some commercial. He stated that he would propose that where there is a development that is either 300 acres or 1,000 units done as a PUD and Page 18 COLLIER COUNTY PLANNING COMblISSION MAY 26, 1988 MOTION: MOTION: COMMENTS: MOTION: MOTION: CO~ENTS: where there would be no more frontage than there is depth and the location is at least one mile from an activity center, 10 acres should be allowed for the so-called neighborhood shopping cemter with limited uses that would not duplicate the activity center. He stated that he would also suggest that construction of these shopping centers not be allowed until 50% of the building permits for that development have been issued. Made by Mr. Thomas to delete all activity centers in_ th___~e ~mmokalee Area ie~di~ to existi~ zoning practices ~ the Imm-~ka--~ Mast~-~ ~-~-~ is developed. Seconded by Mr. Keyes arr~ed 5/0. Made by Mr. Thomas that in the act~v~v ~ ........ centers there be a 50° retail comm~and th-~ ~ to be developed ~-~ other ~f com-. ~erclal. Mr. Thomas stated that the suggestion that was made by Mr. Varnadoe does not seem to be favorable as there is no second to the motion and therefore he withdrew the motion. ' , Made by Mr. Thomas that each _activit center can be develo e_p~_~ to 50% ~m~kat~a~_~ea~ that would have tn c for__q__~roval to ext~o 100%. Seconded b-~--'- Mr. Tracy. Carried 4/1, (Mr. Keyes opposed). Made by Mr. Thomas that where there is a de~t that is a PUD of e~ e~ acres or 1,~05 units~d-- where there would be no more frontage than there'--I~ ~ the location is at least one._m~l~ from an ~actiL~-- ce-~e~l~--a~-~es---~a~-6wed for a 1 e area · n~nter ~~ ~ ~- the PUD has been ~~ ~ ........... Mr. Keyes stated that this shopping center could be put inside the PUD and not necessarily on the road frontage. Page 19 I I 12AI COLLIER COUNTY PLANNING COMMISSION MAY 26, 1988 MOTION: MOTION: MOTION: COMMENTS-. Mr. Thomas stated that other people in the area that do not live in the PUD may want to use this shopping center and they should not be impacting on that resi-: dential community that has already developed. Mr. Oates stated that there is no second to the motion, therefore, the motion died. Made by Mr. Thomas to allow Class I permitted uses within the whole concept of commercial development in the County~ which says that small convenience centers can be built. Motion died for a lack of second. Made by Mr. Thomas that where there is a development that is a PUD of either 300 acres or 1,000 units and where there would be no more frontage than there is depth and the location is at least one mile from an activity center, then 10 acres be allowed for a neighborhood shopping center with limite? uses that would not duplicate the activity center in the area and that there would be no construction of that shop- ping center until 50% of the buildings permits for ~he PUD has been issued. Seconded by Mr. Tracy. Carried 5/o. Made by Mr. Thomas to include Rattlesnake Hammock and 951 as an activity center and Wiggins Pass Road and U.S. 41 as an activity center. Seconded by Mr. Tracy. Carried unanimously. Mr. Oates stated that the zoning or the classification regarding activity centers needs to be discussed from Airport Road and U.S. 41 to Rattlesnake Hammock Road and U.S. 41. He indicated that the interstate interchanges need to be discussed as well as the environmentally sensitive areas and the size of the centers as to whether it should be acres or square feet and the location of smaller activity centers. Mr. Olliff stated that there needs to be a time set for the next meeting and he feels that these motions should be brought back to the CCPC so they can see what they actually did. Mr. Oates stated that this meeting would be continued to June 1, 1988, at 6:00 P.M. and if it needs to be Page 20 COLLIER COUNTY PLANNING COMMISSION MAY 26~ 1988 continued further, it will be after the regular CCPC meeting on June 2, 1988. The CCPC Growth Management meeting recessed at 1:35 P.M. and was continued to June 1, 1988 at 6:00 P.M. COLLIER COUNTY PLANNING COMMISSION Edward Oates, Chairman Page 21 ~ECEIVED JUtt 2 ~ 19~B I I I I I I i I I I I I I I 12AI BOARD OF COUNTY COMMISSIONERS MEETING TRANSCRIPT JULY 20,1988 -- MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION CCPC CITIZENS ADVISORY COMMITTEE FROM: JANE FITZPATRICK, DIRECTOR, GROWTH MANAGEMENT ['~" SUBJECT: ['~OARD OF COUNTY COMMISSIONERS PUBLIC HEARING:]? DATE: AUGUST 10, 198.8 I I Please find enclosed minutes of the July 20, 1988 Board of County Commissioners Public Hearing on the Growth Management Plan. 12AI I Naples, Florida, July 20 , 1988 LET IT BE REMEMBERED, that the ~oard of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date aq 7:00 P.M. in SPECIAL SESSIO~ in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CIIAIRMAN: Butt L. Saunders VICE-CHAIRMAN: Anne Goodnlght John A. Pistor Arnold Lee Glass . Max A. Hasse ALSO PRESENT: Ellie Hoffman and Maureen Kenyon, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; Marjorie Student, Assistant County Attorney; Tom Olliff, Acting Community Development Administrator; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services Administrator; Jane Fitzpatrick, Growth Management Director; Diane Smith, Growth Management Analyst; Robert Wiley, Growth Management Engineer; Ken Pineau, Emergency Management Director; Charles Gauthier, Long Range Planner; William Lorenz, Pollution Control Director; william Laverty, Utilities Operations Coordinator; Bob Blanchard, Planner; Nancy Israelson, Administrative Assistant to the Board; and Sue Filson, Administrative Secretary to the Board. Page 1 II1__ I I I I I I IIII I II II IIII II III II I II IIII I IIII I III IIII I I1~1 I I I I I I I JULY 20, 1988 cated that it may be determined that the commercial within the PUD's not appropriate because of the commercial activity centers or what is going on in the surrounding areas, and he would like the County to have the opportunity to review those. Commissioner Glans noted that in the past, the Board determined that the phasing concept be required for certain building permits, adding that this concept could also apply to the PUP's. }{e stated that he feels that the Board should have the open door authority for review, and with due process of law, the proper hearing procedure. County Attorney Cuyler pointed out that vesting is a case-by-case situation, and the analysis contemplated by the language, is to explain all the fine points and provide the Board with detailed facts as to what is appropriate for vesting. It was the consensus of the Board that Staff be directed to pro- vided flexibility to allow the review of zoning, whether commercial~or residential, for alteration by the Board of County Commissioners, if deemed to be appropriate. ***** Recess: 8:30 P.M. - Reconvened: 8:40 P.M. at which Deputy Clerk Kenyon replaced Deputy Clerk ]{offman ***** URBAN AREA BOUNDARY DESIGNATION Commissioner Saunders stated that the urban boundary area designa- tion will be the next issue discussed. Mr. W. V. Hartman stated that he urges the Board of County Commissioners to reconsider the consultant's recommendation and that of Staff to reduce the urban area back to 951, adding that there are areas in Collier County that are already approved for over 100,000 living units. He noted that the S10 million drainage bill that would be needed for this area would be paid out of public funds and it would be an added burden and disservice to the ad valorem taxpayers. He noted that it will only serve to promote the interest of the spec- ulators. He noted that the State is indicating that land development must not be approved until the necessary services have been provided. He noted that the County must bring the infrastructure up to par before permitting any more development. He said that there are insufficient highways, sewage collection and treatment systems are behind, there is inadequate school space, and there is not sufficient means to deliver the needed amounts of money. He stated that it is time to be realistic and recognize the problem areas and it is up to the Board of County Commissioners to make these tough decisions required to proceed, but the County needs to proceed in a prudent and deliberate manner. Col. John Beebe, President of Lakewood Civic Association, stated that he is urging the Board of County Commissioners to reconsider the preliminary decision that was made at the workshop on June 6, 1988, with respect to Staff recommendation to reduce the urban area east of Page 7 I I I I I I I I I I I I I I I I I JULY 20, 1988 C.R. 951 and along the Tamiami Trail east to' Collier Seminole State Park. He noted that he concurs with Mr. Hartman, adding that retaining the 9600 acres in the urban area will require the expen- diture of S10 million for drainage alone and that would be done on a piecemeal, costly, and inefficient way to handle the drainage problem of the basin affected. He noted that the proper way would be to save money and wait until the basin could be dealt with as a whole. He indicated that funds for drainage, roads, water and sewer resources are limited and are needed in other areas within the more compact con- tiguous urban area without going into urban sprawl. He noted that the Board of County Commissioners decisions should be based on the most prudent and cost effective utilization of funds and assets. He stated that the County is already short of funds to meet higher priority needs and is considering raising the sales tax by another cent as well as higher impact fees. He stated that the benefit would be to the landowners, engineers, planners, developers, and attorneys, but the burden will be on the general public that live in the urban area of Collier County who will feel the impact of this imprudent decision ~y higher taxes, higher utility rates, lower levels of public services, crowded roads, and a less attractive quality of life. He noted that the urban area line could be brought back to C.R. 951 with con- sideration for property owners that have vested rights and for those that have paid water assessments or impact fees. }{e noted that there could also be an exception made for low cost housing that does not require an expenditure of public funds for drainage, roads, or utili- ties. Mrs. Bettie Gulacsik stated that the urban area should not be extended east of C.R. 951, adding that if the Belle Meade drainage is going to cost $10 million, this is not the time to include it in the urban area. She noted that the County may make amendments twice a year to the Growth Management Plan, adding that in 3 or 5 years if growth justifies including that area, then that would be the time to put this area into the plan. She stated that if this area is put into the plan, all the taxpayers are being asked in the County to pay for that Belle Meade drainage to help the landowners east of C.R. 951, adding that she does not feel that it is justified at this time. Commissioner Pistor stated that the area east of 951 has been shown as urban area for quite a few years, adding that it is not being added, the Commission is being requested to reduce this area. Mrs. Gulacsik stated that when the urban area was first designated east of C.R. 951, the drainage problem should have been taken care of at that time, adding that she is recommending that the urban line be brought back to C.R. 951. Mr. Tom ~.Ioss stated that Naples has a natural beauty and the South Florida environment is unique and one of the most fragile in the Country. He noted that the County has a local and national obligation to preserve their tropical treasures. He noted that once an area is' damaged by development, there is no turning back. He indicated that Page 8 I I I I I I I I I I I I I I I I I JULY 20, 1988 Collier County has experienced high growth and to this date, the loc. al officials have done a good job of managing and demanding quality growth. He noted that the drainage that is necessary should be done in such a way to protect the estuaries downstream and a multi- objective water shed study should produce a plan that would provide such protection. He noted that development east of C.R. 951 should be banned. Mr. Milton Hahn of Miami indicated that he owns 553 acres of lan'd that~is south of Immokalee Road and east of C.R. 951 that he would like included in the urban area designation. He noted that this pro- perty is large enough to support a sewage treatment plan that could be expanded to serve the surrounding area. He indicated that this area could be developed into affordable housing for people in Collier County and would give Orangetree DevelOpment some competition. }[e noted that all infrastructure could be provided with'very little cost to the County, if any. Attorney Donald Pickworth stated that he would urge the Board of County Commissioners to retain the urban boundary line as they did 'at the June 6, 1988, meeting in conformance with the 1983 plan. }{e noted that the Board of County Commissioners has debated this subject for countless hours and a lot of the fears have been addressed concerning the infrastructure needs and are already addressed in other areas of the Comprehensive Plan through the concurrency requirements, lie noted that a lot of the drainage will be provided through the developments that will occur in this area. He indicated that every project in this '' area will have to be approved by the Board of County Commissioners and the infrastructure needs will be a part of the consideration for every project. Mr. Lee Nichols, representing the Naples Area Board of Realtors, stated that they are in support of the CCPC's recommendation to main- tain the existing urban area boundary line one mile east of C.R. 951 and also suggest that at the County's discretion, a level of service be provided with sources of funding from something other than the Capital Improvement Funds. He noted that this would result in a reduction of approximately $10 million in the projected shortfall. stated that they support the reasonable growth management and the pro- tection of the private rights of the property owners. Dr. Neno Spagna stated that he lives immediately north of the sub- ject area in the Estates area and represents property owners that live within the one mile area. He indicated that it was appropriate to include this one mile area when it was done originally in 1974 and again in 1979. He stated that the residents are in support of including this one mile strip as part of the urban area. Mr. William Barton, stated that the whole purpose of this exercise is an attempt to cause and allow growth to occur in those areas where it can be properly served by infrastructure. He noted that the area that is one mile east of C.R. 951 is very adequately served by infrastructures. He noted that these properties can be developed with Page 9 JULY 20, 1988 on-site costs that will be borne by the developers, adding that storm water that will flow from these properties after development will be no greater than those that flow before development. He noted that the $10 million does not need to be spent in order to develop these pro-' perties. Ms. S. L. Carey stated that the Growth ~lanagement Plan should place emphasis on Naples greatest resources, its environment. She stated that the proposed Future Land Use element serves developers' interest and not the public's. She stated that she opposes this because it allows construction in wetlands in the Belle Meade basin, and on the gulf side of U.S. 41. She read a letter from Chris Van Hest who was unable to attend, but indicated that that he is opposed to any construction in the }~ell. e [4eade Basin east o£ S.R. 951. lie : noted that it will cost more than $10 million for thc drainage and if the affordable housing argument is used to develop this area, it would not be accurate because affordable housing could not support a $10 million drainage cost. ~ Mr. Dan Wilson read a letter indicating that he is concerned abbut the rapidly and uncontrolled growth in Collier County. He noted that the west coast of Florida is unique and is a national treasure that should be preserved. }{e noted that he objects to the Future Land Use element and development to the east of C.R. 951 should not be further allowed. He noted that development in this area will have a detrimen- tial effect. Dr. Benedict stated that on behalf of the Conservancy he would like to support Staff's recommendation to pull back the urban boundary line to 951 and along U.S. 41. He noted that this would result in the construction of an urban zone that is separating and will block the~· undisturbed natural areas to the north from the estuarine wetlands of the south. Mr. W. K. Wilson stated that he does not recommended any develop- ment east of 951 as it will create problems for Rookery Bay Sanctuary.. He noted that if the drainage is not property handled, Rookery Bay will become a dead bay. Mr. Ken Krier, President of Park Shore Civic Association, stated that the Association voted to support staff's original designation to shrink the area from the 1983 boundaries. }{e noted that there is a funding shortfall in capital improvements and it will be very costly for the County to provide the necessary infrastructures. He noted that it would be more cost effective to reduce the area back to 95] than to permit growth in the outlying areas. He noted that down- grading this area would not effect the vested rights of present deve- lopment. ~.Ir. Alfred French, Architect, stated that he is opposing the line that is presently east of 951 and would urge that the line be moved back to 951, adding that he recognizes that the arguments in favor of the line are good arguments, but the arguments in favor of pulling the line back are even stronger. }{e noted that the County must find a way Page 10 JULY 20, 1988 to limit urban sprawl and the cost and effect of relentless expansion are irreversible. Mrs. Georgia McKinney stated that she would simply like to state~ that she is in favor of the comments made by Mr. Dan Wilson and Hartman. Attorney George Varnadoe stated that he is in strong supl~ort of th, CCPC recommendation in leaving the line where it was put in 1983. stated that it does not seem logical to put the line down the middle of a four-lane road and where there is a commercial activity center at one of the intersections where this line is placed, l{e noted that on one side of the four-lane road there would be 4 un'its per acre and on the other side, there would only be one unit per five acres, lle stated that with regards to the drainage, there are two choices; the level of service could be reduced for stormwater Jn the area or the residents or developers of the area could be required to provide the necessary water management to bring the area up to County standards on a development by development basis or through an MSTU. He noted that this would be growth paying for growth. Mrs. Fitzpatrick stated that she received a letter from a Mr. & Mrs. Seymour Pollack that indicates their strong opposition to the inclusion of the area east of 951 within the proposed urban area as suggested in the Growth Hanagement Plan. It~stated that there is suf- ficient land within the County west of 951 to provide for the antici- pated increase in population over the foreseeable future. Commissioner Saunders stated that on June 6, 1988, the Board of County Commissioners voted to maintain the urban boundary as it currently exists, but Commissioner Hasse and himself voted against that motion. He noted that he voted against the motion because he thought that there should be some blending of uses between the urban area and the estates area. He stated that he feels that the Board of County Commissioners has to take the position to stop urban sprawl and the way to do it is with a blending of uses. ic Commissioner Hasse stated that he voted to support Staff the last time it was presented, adding that he had several reasons for this. He stated that he feels that there are a lot of drainage problems in the area and this could be reviewed again in a few years and if it is found that the land that is needed for urban development, then it ould be changed at that time. Commissioner Pistor stated that the Board of County Commissioners should consider reducing the urban sprawl and not have growth going too far east at the present time, but there is water supply availablQ, utilities and cable is also available and he would suggest that there be a transition zone rather than an abrupt change. Commissioner Saund~rs stated that he feels that the Board of County Commissioners h::s three choices; to maintain the urban boundary line as it currently exists; to adopt Staff position; or direct Staff to come back with a transition zone. He stated that if the Board of County Commissioners decides to approve some type of a transition Page ll JULY 20, 1988 " zone, he would suggest that Staff have a workshop session with the public to work out some details and then bring it back to the Board of County Commissioners in the fall for~consideration. Commissioner Glass questioned if the County has to bear the cos~ of the $10 million for the drainage problems, to which Planner Gauthier stated that this is would be the decision of the Board of County Commissioners. Commissioner Goodnight stated that this area is in her district, adding that there is a need to make this area urban, adding that the rest of the urban area is not going to allow affordable housing to be built. She noted that the water lines are in this area and the drainage can be taken care of and this will be the area for the moderate income housing. Commissioner Saunders questioned J£ this area Js not designated as urban, could affordable housing still be built there~ to which Planner Gauthier stated that he did not have that answer. Commissioner Saunders moved, seconded by Commissioner Glass, that Staff be directed to develop a blending of uses between urban and agricultural uses in the area one mile east of S.R. 951 and the area south of U.S. 41 on the east Trail; that Staff come back with a recom- mendation for affordable housing in this area; that Staff conduct workshops with the public and in of the developers wording language for this type of zone; and that the County be relieved of the obliga- tion for the cost of the drainage and that services in the area be provided along with the developments as they are created by the people that create them. In answer to County Manager Dorrill, Commissioner Glass stated that the cost of the drainage and services would be either developers cost or MSTU cost, adding that the people as a whole should not bear the cost of that area and this is included in the motion. Acting Community Development Administrator Olliff stated that basically the motion is stating that Staff will look at low-to-middle income housing as an objective, development borne capital improve- ments, and some change in density ratios in the area. County Attorney Cuyler questioned what time frame the Board of County Commissioners is contemplating, to which Commissioner Saunders stated that for purposes of submittal, the Board of County Commissioners is indicating that there will be a development of some transitional zone in this area that will be done over the next few months. He stated that it would not be appropriate to submit this Element with the current boundary as it is currently designated because that is not the action of the Board if the motion passes. Upon call for the question, the motion carried unanimously. ***** Recess: 9:45 P.M. - Reconvened: 9:55 P.M. at which time Deputy Clerk Hoffman replaced Deputy Clerk Kenyon ***** Mr. Paul E. Hey of Kushman Stokes Armalavage, Inc. stated that he is one of the partners of the 3.69 acre tract of property that is Page 12 I I I I I I I I I I I i I I I I PLANNING COMMISSION MEETING TRANSCRIPT DECEMBER 22, 1988 ! ! ! I I I COLLIER COUNTY PLANNING CO:'INI$SION DI::CEt'IBER 22, 198_8 ITEH: Mr. Christy stated that he feels there is already a huge area of land in Collier County that }1~:~ alr~m(ly be,:~ e~tobli~hed a~ the Urban Area, and additiona] mafgimal areas w~ll be moved Jato it. lie ~i~dicated that he does not bel ~evo this wi] ] be in the long term best interest of Cell )er Cbunty. }{e fuFther noted that there in not an adequate [~upp]y of water for thr. community now, and to tho rlr,:;ir,,,t, but. tho quor;l, ion is "t;'lppin9 it." ~pon call for tho question, the motion carried 5/1 (Mr. Chri:;ty opposed). Activity Centers Mr. Gauthier indicated that initially, in thr. August draft, Staff )]ad established the stan-~ dard of 160 acre square, of which 50% may bo ~ommercially zoned. }{e noted that it was realized because of the extension of the on/off ramps, and right-of-way, it severely limited access into the Activity Centers. He stated that there were concerns regarding com- patibilty issues and Estates Zoned land protruding close to the Pine Ridge Road Interchange. Therefore, he noted that Staff looked at the right-of-way, development pat- terns, zoning patterns, property lines, and tried to maintain the same overall allocation of commercial potential, and tried to sculpture more detailed maps relating to the Activity Center boundaries. He suggested changes, based on the Land Use Subcommittee's recommendation: Immokalee Road and 1-75, southeast quadrant will be included within the area: Pine Ridge Road to the southwest, which will include the Seagate Baptist Church area; the southeast area, where the Estates comes up to the Interchange should be handled by the Golden Gate Master Plan. Fir.. Robert Ouane of Hole, Montes & Associates¢: ~tatod that he supports the recommendation of Staff', particularly.th~ southeast quadrant of 12AI Exhibit 9, Page 10 COLLIER COUNTY PLANNING CO,'.IMI SSION DECF:HBt':R 2 2 ~..I 9 88 ports Staff opinion in removing the urban designation from U.S. 41 east, noting that those are environmentally sons~tive areas, and development there wi] I ]lave ,an impact on the estuarino areas. I)r.Ben,_~dict state(] that if ,', |)rojc.,zt owtlel' comes in with a large enough area and a designI- that can address the conc,_rnr;, nn,} have a greater density, there could b,~ ,', Comp Plan amendment process Lo addre:;:, t h..m. Dr. Ber~,:dict orated th,~ h,t ,~Ur,',?:, with tl,~, deletion of "internal" in Itc,= h, Page I. Mr. l,and indicated that thoro ~r; considerab],., agriculture in the "Tail", which does use a significant amount of ~ater. lb.- noted that a t'UD development would be permitted in that area, it may address some of tho water problems in that arba, and reduce pumping. stated that that is another consideration if some development is to be permitted in that area. Mr. Todd Denning of Reynolds, Smith and Ilill$, consultant to A. Duds & Sons, stated that Mr. gauthier's comment regarding the DRI, tho concurrency issues, and the permitting process is appropriate, but what is to be considered is whether the area below U.S. 41 east is appropriate for growth, tie stated that the Duda's land is presently farmed, and the area that is not farmed is too wet to consider for development. Mr. Link stated that recognizing tho need for a transition area between the urban zone and the rural area, he does not feel 1.5 units per acre is appropriate. MOTION: Made Dy Mr. Link to posit 2-1/2-3 dwelltnq ~its per acre in Study Area 1. Seconded by Mr. amuser. Carried 5/1 (Mr. Christy oppose~). ~ZONI '. '.' ~ade by Mr. ~ink %o pe~it 2-1/2-3 dwellinq l,.; ,lc,: ',., ;' ',.,;~,,-,:.:,., ,units per aero tn Stud~ Area 2. 8eoondod by Exhibit 9, Page 9 COLLIER COUNTY PLANNING COMMISSION DKCEMBER 22, ]980 She noted that land uses shou/d be established which transition from high density urban areas to a lower density that Js in the more sen- sitJve areas east of C.R. 95]; growth rates should be maintained that do no exceed the infrastr~;cture capacitie:~ fr~r th~ county; guarantee that development appropriately designated area5 to prevent urban sprawl; ensu~'e that dra]nag,3 does not negatively impact th{: estuary qualities; thai concer~s of hurrJcane evacuatio:~ Limes. H:~. Gillis stated ti]at :~h,: agree_.:, with Mr. Land's recommendations, but suggested that Study Area ] i:~ a more .~(znsJtJvf, area and has lairs development potential that] Study Area 2. She noted thai. Study Area 2 a]/(~ady hati a pattern of development establish~,d. She noted that agricultural activities are not going to be threatened, as the Duda's are the only land owners in Study Area 2, that have significant land holdings. She noted that Study Area 2 is not as environmentally sen- sitive; 'drainage issues will be addressed by the Duda's. Ms. Gillis stated that she agrees with the language deletion on Page 1, Item B. She noted that Affordable Housing is still an option, and believes that this is one of the last areas of the. County that offers ]and that does not exist in the City of Naples. She indicated that she would like to see the urban designation remain the same as it is on the existing Comprehensive Land Use Map. Mr. Gauthier stated that there is an ideal mechanism for the Duda's for a project that they may want to do, and take care of their impacts, through the DRI process. ,.: · ':o,': ~ .:.. '{':c, br]u¢,~{.. ',:~ ~area is wetland. He indicated that he suit- Dr. Hark Benedict, representing the Conservancy, stated that they support Staff's recommendation regarding the Urban Fringe Area. He noted that he feels the 1.5 units, as based on the Naples Golf Estates Rezone is a good indication, adding that a lot of that --I l Exhibit 9, Page 8 COLLIER CQUNTY PLANNING CO~ISSIOH DECEr-]BER 22,. 198S Mr. Reynolds stated that tile t'easons Naples Golf Estates is 1.5 units per acres, are based ~s environmental constraints, market con- ditions, site specific land use conditions of that section of land, and the size of the pro- perty in question, ils noted if thF.: eastern portion of that site w~].n exc]t]do(! from tho proposal, which are wet]ands Lo be undeve- loped, the actual gross density would have been 3.5 units per acre. He lndicated that the prOper time to c'valuate the densitieS, Js at the time of th,~ PUD review. ;{e suggested that if the intent in the fringe area ir, to provide the transition of density from urban to rural, there could be a deduction of den- sity for areas in that zone. }{e noted that these kinds of densities would preclude affor- dab].e housing from developing on some of tht~ sma] lot pieces o£ propcrLy, fle as~:od that thc. Commission considc:r the deduct scenario, jf their intent ]s to go along w~[h Sta£f recommendation. With regard to Page 1, Item B, of Nr. . Gauthier's memo, relating to the routing of all on-site and appropriate off-site water through the internal water management system, Mr. Reynolds suggested deleting "internal". He stated that the routing of off-site waters are to be provided through the project. further indicated that he feels that the improvements to be made to the C.R. 951 canal system should be a fair-share contribu- tion. He stated that the problems out there today have been created by existing land uses, and not future land uses. Mr. Gauthier advised that he has no problem with deleting 'internal' from Item B. Mr. Reynolds stated that he feels the density of 1.5 may not be the best solution. rms. Charlotte Gillis of Reynolds, Smith and ~ Hills, consultants for A. Duda & Sons, stated that she feels it is important to acknowled e ' ~, ~u wnac wzzz happen ween the decision is · '~made. as to the location of the ~oundary Line. Exhibit 9, Page 7 COLLIER COUNTY PLANNING COmmISSION DECEMBER 22~ 1988 Mr. Gouthier stated that he feels it ~s prema- ture to include this land in the Urban Area, noting that relying on developers to provide improvements is a piecemeal approach. indicated that the area in question is environmentally sensitive, and the map from the U.S. Fish and Wild]i£c Service National Wet]and Inventory clearly indicates the cxten-- sion o£ wetlands into this column. Mrs. Charlotte Westman, representing th(~ League of Women Voters of Collier County, stated that going back to when the existing Comp Plan was developed, tile League opposed the Urban Area east of CR-951. She noted the awareness of that area's sensitivity, lack of east to west roads, and its closeness to the most. critical zone that the State has designated. She advised that thc League una- nimously supports Mr. Gnuthier's proposal. She further noted problems that would be further compounded during hurricane evacuation if U.S. 4] East was developed as an urban region. Mr. David Land, Chairman of the CAC Future Land Use Subcommittee, stated that the members took a vote last week to support Staff's recommendations, but the motion was defeated. He noted that no further votes were taken, therefore, the CAC is reverting back to its recommendation of May, 1988, which was to keep both the strip east of CR-951 and the "tail' within the urban boundarSes. He noted that the consensus was that there should be special restrictions for both of these areas. He advised that the CAC is suggesting tighter concurrency language; lower densities, but greater than 1 unit per 5 acres; lower den- sities until a Water Management Plan is in place; lower densities unless the application is for a certain size or greater. He stated that the CAC recommends keeping the boun- daries, but create language which addresses Mr. Gauthier's concerns. Mr. Alan Reynolds of Wilson, Miller, Barton, '-":~Soll & Peek, Inc., stated that he feels it is · J,>'~6p~ropri~te for the study areas to be included the urban district, in its entirety. Exhibit 9, P.ge 6 COLLIER COUNTY PLANN I NC COblM! SS JON . DECEMBER 22~ 1988 I protects the sensitive er,..as, and deals with water man,Tgement i,- With regard to Page 1, Item I!., Mr. Gauthier stated that Staff it) attempting to move uD th,.. time table for developing a Drainage Master Plan for thc ~r,';~. lin mr)ted financia] constraints3 that Staff is trying to work out. Mr. GauLhJer sLat. ed t. haL 5taf~ ]~; holding to its earl Jet recomm(~ndaLior~ r',~ ~ h,. Urban 'raj ] Section. lie indicated that it ir. pr(~maturc for deveJopmenL Jn that ar,~b, ,-.;.:l more inton'- Give USgS could dove]ap ]at(~r, on,:¢, a :;oft. lo- meat pattern i~; r:ot~b]ish,'d. Mr. Caut. hi(:r indicat, c.d that th~. ;~bovr. k:r. C]y(J~. QuJnby :;taLed ti,~,t h,-: do¢.¢; r~ot. fc,:l that 1.5 units per acre is acceptable for that area. He advised that when he and others purchased properties in that area, it was zoned A-2. lie indicated that he disagrees with the language to use Naples Golf Estates as a model, noting that anyone that knows that section of land, knows that less than 1/2 of it is usable. He stated that the zoning for that project is MHSD. He indicated that he feels that the area should be ]eft as it pre- sently is, or it should revert back to 3 units per acre which was discussed at the last meeting. Mr. Hilton llahn stated that he did not hear anything in the presentation about his land being included in the urban area. He reminded the Commission that they have the authority to recommend that his property be urbanized during these hearings, and requested that con- sideration be given to his request. He stated that he feels that whatever facilities are needed in that area should be provided by the developers. ., ','. :'.,: " .Mr. Young stated that he is in favor of , ;.:oo: r.r ~.'.,;including this a~ea within the urban boundary, ~,:'d:.~.:~]~ 5d ~.1 .':~.'.,~mainl¥ because of fire control. cji Exhibit 9, Page 5 COLLIER COUNTY PLANNING'.~'0MMIS~.~ON DECEMBER 22~ 1988 COI4~iEI4T~ s orowth Menag~msnt'Direotor Fitzpatrick stated that the doouments that each Commiasioner should have for today'o meeting are the August '1';"~988 transmittal'document of the Goals, Ob~eotivec and Polices, and the Staff Responses Report to the Departnent of Community Affairs. She advised that this public hearing was advertised in the Naples Daily News on December 4 and 11, 1988. She noted that Staff will be limiting their pre- sentations to revisions that have been made since last week's workshop. ITEM: COMMENTS: Future Land Use Element- Urban Boundary Comprehensive Planning Manager Gauthier indi- cated that the CAC Future Land Use .Subcommittee met to consider the revisions that were made at the CCPC workshop on DeCember 15, 1988. He indicated that those modifications are submitted in his memo dated December 21, 1988. Mr. Gauthier stated that the biggest concern regarding the Urban Boundary issue is to work toward a consensus on several problems. He noted that Staff is looking toward the lead provided by the Board of County Commissioners, when they approved the Naples Golf Estates in this boundary area. He noted that the density in the project was limited to 1.3 units per acre for the gross area, and the Board indi- cated that this should be a model for a tran- sition area. He stated that Staff is changing their approach from what it was originally, in that, they are suggesting that in the Urban Boundary areas consisting of the fringe along CR-951, 1-1/2 dwelling units per acre will be allowed. Mr. Gauthier referred to Page 1 of his memo, noting that Item A. suggests that all rezones must be in the form of a Planned Unit ~ated that this allows Lte design,' and it better :% Exhibit 9, Page 4 ~'- DECEMBER .ITl RECORD IHCLUDES THE TESTIMONY'A~u, THE APPEAL IS TO BE BASED. Consider recommendations to the Collier: .CQ. unty..Board or cowry Co~m~tu~.ioners for adoption of the Growth :Kanag.c~e, nt Plan. Future Land Use Element A. Urban Boundary 1. Staff Reco~x~endation 2. Public Count 3. Staff s~tion 4. CCPC Recomn~ndation Bo CJ Activity Centers 1. Staff Recommendation 2. Public Cc~ment ,. 3. staff Summation 4. CCPC Rec~ndation Conservation , 1. Staff P~com~endation 2. Publ/c Cc~F~nt 3. .staff. Sun~ation ~ 4'. CCPC Recommendation. D. Other 1. Staff R~co~endation 2. Public Comment ~no~oIf~.~n.*.S~f. Htff~ ,,'S;,~,.:~tion ,;,~, ac, ~ .~ x,v~ ~a nod 4. C~ .fir I2AI Exhibit 9, Page 3 I I I I I I I i I i I I I 12AI BOARD OF COUNTY COMMISSIONERS PUBLIC WORKSHOP TRANSCRIPT DECEMBER 28, 1988 I COT~T.TER COUNTY BOARD OF COUNTY CO~MISSIONERS 1 2 A!.. December 2B, 19BB J I,, 9:00am. ' Review revisions to the proposed Growth Management Plan as recommended by the Collier County Planning Conm~ssion and staff. The revisions are based on the Florida Department of Con~unitF Affairs (DCA) preliminary review of the August 1, 1988 draft of thQ plan as well as other recommendations. Introduction Future Land Use Element B. C. D. Introduction Urban boundary Activity Centeru Conservation III. IV. Ve Conservation & Coastal Management Element Capital Improvement Element A. Concurrency Management B. Funding Traffic Circulation Element Level of Service on State Maintained Roads Mass Transit Element Ports, Aviation and Related Facilities Element Housing Element Public Facilities Element Xm A. Sanitary Sewer B. Potable Water C. Drainage Recreation and Open Space Element Intergovernmental Coordination Element NOTE: The Bec Public Hearing to consider adoption of the Growth Management Plan is Wednesday, January 04, 1989 at 7:001x~. DECEMBER 28, 1988 Legal notice having been published in the Naples Daily News on December 23, 1988 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to review the revisions of the proposed Collier County Growth Management Plan. ~nt=oductton: Commissioner Saunders stated that the workshop is to discuss the overall Comprehensive Plan and to receive public input. Ne noted that any action taken will be non-binding, however, on January 4, 1989 a public hearing will be held at which time final action will be Implemented. Growth Management Director Fitzpatrick advised that the purpose of the workshop is to present the Board with the August 1, 1988 Growth Management Plan which was approved on July 26, 1988. She noted that the document has received a 90-day preliminary review process from the Department of Community Affairs (DCA); on November 15, a report was received with DCA's objections, and recommendations. She indicated that on December 15 and December 22, the Planning Commission held meetings to review and make recommendations. She noted that the revi- sions initiated include an addition to the responses to the DCA objec- tions, an Urban Boundary study and rewritten Conservation & Coastal Management Element. She indicated that a Concurrency Management System has been developed which outlines the groundwork that w~l! be implemented. She noted that CCPC and Staff's recommendations may differ, and she requested the Board's recommendations. Future Land Use Element: Comprehensive Planning Manager Gauthier advised that the Land Use package is comprised of three sections, direct responses to the State; responses to pub/lc comments received, and Staff's initiated changes. He referred to a memorandum which identifies issues on which Staff and the Planning Commission differ. He noted that the maps on the wall reflect the Planning Commission's recommendations. He noted that in DECEMBER 28, 1988 the urban des/gnat/on between zero and sixteen residential units per acrs may be allowed; the rural designation allows one unit for every 5 acres; In the Estates is one unit per every 2-1/4 acres, and tn the Conservation designation it ts one unit for every 5 acres. He stated that within the Urban area the approach of the 1984 plan has been maintained. He Indicated that the density system Is based on geographical and performance standards of individual developments. He noted that lower densities are permitted in Coastal areas due to traf- fic congestion, and hurricane risks, and higher densities are allowed further tn/and, particularly in close proximity to commercial activity centers. He stated that the Future Land Use Map provides continuity of past planning, protects natural resources, concentration on new development, contouring levels of density and Intensity within the bounds of potential public facilities capacities, and ample room for urban expansion without excessive room for urban sprawl. Me noted that the greatest challenge in the planning process is to maintain concurrency. He advised that the Growth Management Act requires public facilities be in place at time of development. He noted that It has been Staff's exercise to balance existing, committed and potential land uses against existing potential public facilities capa- cities. He Indicated that it ts Staff's concern that the County ts out of balance in terms of roads. He noted that zontn~ has been approved throughout the Urban area without fully anticipating the cumulative road Impacts. He Indicated that the problem is par- ticularly severe tn the area of U.S. 41 and the strategy is to lower residential densities, focus on commercial development in activity centers, try to contract the size of the urban designated areas, a zoning evaluation program ts proposed, and the time frame of the road planning will be extended. Mr. Gauthier noted that last July the Board requested further study on the Urban Boundary issue which has been provided to the Board. He noted that the Citizens Advisory Committee and the Land Use Subcommittee, and the Planning Commission have met to discuss this DECEMBER 28, iSsUe. He indicated that Staff's recommendation of the Urban Boundary Study relates to maximum permissible residential dune]ry. Ho noted that the urban boundary issue relates to the urban designated area found in the current Comprehensive Plan which extends one mile east of C.R. 951, and It relates to the urban tall. Hs stated that the Planning Commission recommended that the fringe areas of Study Area One and Study Area Two be allowed a maximum residential density of three units per acre, thus keeping tt the same. He Indicated that Staff's recommendations are comprised of two parts, the C.R. 951 fringe area be treated at a density level not to exceed one unit for every 1.5 acres. He noted that the aforemen'.~oned was Implemented due to the Board's recommendation of the Naple~ Golf Estates' zoning which the Board suggested should be considered as a "model" He noted that the "~reen" area should remain in a rural category and should be l~mlted to one unit per every f~ve acres. He stated that the recom- mendable strategy io based on the conclusion that the C.R. 95! fringe area is suitable for /ow density residential u~e, due to water manage- ment, environmental and natural resource= Issues. He Indicated that the tail section ts presently premature for intensive urbanization. Attorney Varnadoe advised Commissioner Saunders that the ~ross density for Naples Golf Estates Is 1.3 - 1.5 units per acre. Mr. Gauthter noted that the water management approach is to deve- lop watershed master plans. He stated that estuary Impacts, how much water can be discharged, what water table levels need to be main- tained, and drainage and flood protection must be taken into account. He noted that C.R. 95! forms the basin boundary. Responding to Comm~ssioner Hasse, Mr. Gauthler advised that the 1983 Comp Plan ~ndicates that the areas along the C.R. 951 corridor are designated as urban and permissible densities were from 4 - ~0 units per acre. He noted that last year he had suggested that the aforementioned be taken out of the urban area and be limited to one unit for every five acres. He stated ~ha~ the latter had cauoed a lot of disturbance, ~herefore, Staff was directed %o prepare a detailed assessment. DECEMBER 28, 1988 In regard to the watershed master plan. Commissioner Shanahan asked if Staff is on target? Mr. Oauthier expounded that it ts Staff's approach to implement a County-wide master plan by 1994, and a variety of ~nformation will be submitted tn the ]nterim regarding same. In answer to Commissioner Hesse, Mr. Gauthier noted that Staff had moderated its position due to the substantial public input received, and the benefit of the master Plan Is essential before development allowed. Acting Community Development Administrator Olliff confirmed Mr. Gauthter's statement regarding the urban boundary and the Board's direction to come back with a transitional zone, and that the Naples Golf Estate9 project be utilized as a "model". Commissioner Saundors stated that two other comment~ from the Commission include that no public funds be spent to enhance the drainage in the area, thus requiring that developers install drainage, and that on-site storage requirements delineated in the code would be enforced. Mr. David Land, Chairman of the Land Use Subcommittee, advised that as a result of Staff's recommendations, the committee held a meeting to take into consideration Staff's changes. He indicated that at the meeting the Committee had decided to support their original recommendation to leave the fringe area along C.R. 951, and the in the urban area. Me noted that there should be some consistency between the 198S Comprehensive Plan ~n terms of keeping the urban boundary and with the proposed plan, and that some of the environmen- tal concerns be m~tigated to other techniques. In regard to the con- currency ~ssue, Mr. Land ind~cated that the Committee feels that if the County concurrency rules under 935, there would be a lot more con- cern in the area. He pointed cut that a lot of the concerns will be addressed by concurrency. He noted that the Committee had determined the following: 1. A tighter concurrency language. 2. Consider lower dens,ties, although greater than the one unit per 5 acres. 12A DECEHBER 28, 1988 3. Lower density until water management plans have been completed. 4. Lower densities unless part of a PUD of certain size or greater. Mr. Land stated that the Committee's recommendation lo that the area be left In tho urban area, but some changes should be Implemented in terms of what la actually allowed In the two areas. He Indicated that he concurs with Mr. Oauthler's recommendatlono that 14 - 16 units In the area would be too high. Colonel John Beebo of tho Lakowood Civic Aosoclatlon, advised that the Association supports Staff's recommondattono prior to tho Planning Commission's action. He noted that the urban area was established In 1983 without discussion of the consequences of tho action. Ho cated that st the time the County was not under the obligation to Improve tho infrastructure or concerned about funding lt. Ho noted thdt the Growth Management Act requires the Board to act In a more responsible manner to establish lovelQ of service and spending millions of dollars In Infrastructure. He indicated that Staff advised that there will be an additional $10 million for drainage In the area. He stated that blockage of evacuation will be added If development is permitted In tho area before S.R. 9§I 1o four-lamed to Marco Island. He suggested that a water management and an environmen- ta~ study be conducted In tho area prior to coming up with definite figures of what should be allowed. He recommended that the the urban area bo reduced to one unit per ftys acro~, and the proper studies can be tho determining factor In what ought to be developed. Mr. Clyde Qutnby advised that he ropresonto about 100 people who hold about 500 acres In the northern part of the "red" area of the map. He noted that when these people purchased their land tt was In the urban renewal area and should remain ao such. He feels that the east side of 951 will not be developed within the next five years, and there rs plenty of land available on the west aide of 951. He noted that 48~ of land on the west olde ts wetlands. He stated that the area should be left alone, or the Planning Commission's recommendations of 12At Page 6 DECEMBER 28, 1988 three units per acre should be ~mplemented. He stated that the County should continue to grow In a poo~tlve manner. Mrs. Betty Gu]acslk, representing the League of Women's Voters of Co/liar County, advised that the League agrees with Staff's recommen- dations. She noted that the water management plan should be in place if the plan ~a to be reviewed ~n five years. Mr. Milton Hahn of Mlam! noted that his statement entitled "Summary of Reasons for Incluolon ~n the Urban Area" dated December 28, 1988, summarizes tho inclusion into the urban area of all the area bounded on the East and South by Golden Gate Estates, on the North by Immoka]ee Road and the oonsltivo area to the north, and the ex/sting Urban boundary on the Weot. Ho road paragrapho 2 and 3 of h~s summary which relate to leaving a unique remnant agriculturally zoned ~sland ~n the middle of and surrounded by areas control/ed by ord~nanceo, etc., and to the three to five mlleo of Golden Gate Eotates area which separates the urban ares from moot of the areas whQre the Comprehensive Plan la mainly directed. He noted that the summary is comprised of 18 ~toma, but he would not go ~nto detail of same. He ~nd~cated that Mr. Wayne Young of the Planning Commission, who is a/so on tho Go]den Gate F~ro Commloalon, had stated he wou/d approve the aforementioned because the area would provide access to f~re equipment and potable water for flrefighting purpooea. Ho noted that remarks perta~ning to tho latter were based on that thee would not ~ust~fy p/acing an area into the urban area. He stated that the second remark that was made at the meeting was that there is enough land, lots and PUD~s to furnish land for housing ~nto the next cen- tury. He noted that there ia an admitted shortage of affordab]e housing ~n the County due to the coat of land. He ~ndicated that he was hopeful that the Board wou~d consider placing some of the area bounded by the Estates into the urban area. Mr. Gauthier reiterated that the area is premature for urbaniza- tion0 and the County must focus its cap~tal ~mprovements prelects in :he urban area. He noted that the Planning Commission had requested a DECF~BER 28. 1988 boundary report for the area to be considcred as one of the first amendments of the Comprehensive Plan. Ha suggested that the County proceed on that basis and do a more detailed a~sessmont and come back to the Board in six months with the Information. Commissioner Volpe asked what comments were received from DCA in regard to the aforementioned to which Mr. Gauthler advised that DCA had not made any comments In this respect. He noted that the South Florida Hater Management District. the Department of Natural Resources, and the Department of Environmental Protection had suggested that thio area not be Included In the urban area. however, they were not shown as offlctal comments. Commissioner Saundors clarified for Commissioner Yelps that the Board had directed Staff to come back with something between urban and rural In tho "pink" area, however, the Issue must be ro0olvod by the Commission In tho final plan. Ms. Charlotte Otllts representing Duds & Sons, advised that a letter was sent by Duds & Sons which delineates comments regarding the urban study conducted by Staff. She stated that tho Dude's position was to maintain the urban boundary as shown in the 1983 plan, however, they feel comfortable wtth the CCPC recommendation of three units per acre for Study Area One and Two. She noted that they are supportive of Mr. Land's recommendation and the Advisory Committee. She noted that the Duda land ts located In Study Area Two; noting that concurrency end the planning for Infrastructure improvements 1o criti- cal to carrying out any type land use decisions. She indicated that she to concerned about Staff's recommendations pertaining to allowable densities tn Study Area One and Study Area Two, noting that the Plann:ng Commission's recommendation t~ more appropriate. She indi- cated that noncontiguous development has been used ao an argument for urban sprawl, and allowing development tn Study Area One would re=ult in this type of development, also, that the latter Is not an appropriate argument for urban sprawl. She noted that three dwelling units per acre is not considered to be "intensive type of Page 8 12AI DECEMBER 28, 1988 development" and that water management, ~nfrastructure, and quality development Issues will be handled by other regulatlono tn effect. In regard to the hurricane Issue, she questioned on whether or not the evacuation times would be reduced based on the development proposed for the area? She concurred that a drainage master plan ts essential and Staff should work w~th developers and planners to Imple- ment one. She stated that the affordable housing Issue should not be treated lightly, and noted that there Jo affordable land In the City of Naples which can be developed at a moderate Income level. She stated that there are very few environmentally remaining areas In Study Area Two which would be addressed on a s~te specific basis. Mr. Alan Reynoldo advised that ho has been a Planner In Collier County for eleven years, Ho noted that the land tn question has always been considered to some extent sppropr]ate for urban develop- ment. Ha Indicated that at the Planning Commission there wee some discuss]on about tho language on Page 3-8, Item 2b, for which ho ls suggesting a revision. He suggested that changes should be to the definitions of Internal water management system, and addressing the pro-rata share. In regard to the density cap, Mr. Reynolds commented that Hhs Planning Commles3on determined a compromise position that was reasonable and would be effective In practice. He stated that the Naples Golf Estateo p~o3ect was used as an example of wha~ everyone Is ~r~ng to achieve. He Indicated that establishing a cap ~n the Comprehensive Plan does not guarantee that anyone would be entitled to Fece~ve Hhe requested dens~y. He read Paragraph 8 of Section 3-4, and noted tha~ the language provides for ample opportunity to review Input from studies that the County conduc~s and use to evaluate any specifics zoning proposed. He noted that ~f the Naples Oolf Estates pro~ect ]s left ~n the urban a~ea ~t would rate 8 units per acre ~n Hhe propooed plan. He ~nd~ca~ed tha~ three units per acre Is well below what would be achieved as a maximum under the proposed plan point rating system. He suggested that the three units per acre will not result tn high density development, but would result ~n low den- DECEMBER 28. 3988 S~ty projects. He stated that it Is incorrect to say that approving development in the area would burden taxpayers. Ho noted that a con- eiderable amount of study has been conducted of the drainage area. He reiterated that the Planning Commission's recommendation be given serious consideration, however, some language can be incorporated per- taining to the land development regulations. Attorney Varnadoe indicated that the urban boundary has been one milo east of S.R. 951 for tho last five years. He pointed that the urban boundary should not be placed in the middle of 951, especially with s 20 inch water main running along the road. He concurred with Mr. Reynolds' suggestion, and added that some language should be incor- porated into the Nap/es Golf Estates project indicating that no public funds will be used for water management In the area. Me suggested that public funds not be spent on water management, until the master drainage study lo completed. Mr. George Beslly, Rea] Estate Pro3oct Manager with Duds & Sons, noted that most of the urea in "green" ~ owned by The Duda'~. He suggested that the urban boundary bo left whoro ~t i~, or would be supportive of the Planning Commiss~on's recommendations. Ho noted that Duds & Sons have owned ~he property for over ~0 years, which has been used for agricultural uses. He noted that The Duda's are hopeful tha~ their property w~ll become development property. He advised that currently portions of the property are being marketed. He noted that the p~operty is currently urban. He stated that the urban boundary ~e a mechanism by which the County identifies g~owth corridors, and noted that developers should respond to the ~nfrastructure need9 when they request zoning or during site plan approval. To clarify Mr. Varnadoe's comments about the 20 inch water main, Mrs. Charlotte Westman, representing the League of Women's Voters, noted that Hickory Bay ts located west of S.R. 95! and ~outh of U.S. 41 for which Deltona had a large urban development plan ~n the area. She noted that the environmental sensltiv~t~es of 95! have been explained by Staff. She gave a b~ef history of how the land was acquired by DECEMBER 28, 1988 DUds & Sons. In regard to the water management concerns, she stated that there should not be any problem tn reviewing a master plan. Mrs. Weotman said that the State was greatly concerned about the drainage problems tn the area, and noted that the date does not hays to be pinpointed to 1994. Commissioner Saunders advised that the Board must make a deter- mlnatton to the "pink", "red" and the area described by Mr. Hahn. Mr. Gauthler confirmed for Commissioner Volpe thut it ts Staff's position that the "pink" area should be within the urban boundary but limited to low density at one and one-half units per acre, and the "green" area should be designated aa rural at one unit for every five acres. Ho confirmed for Commissioner Saunders that Mr. Hahn'o pro- perty should be left "aa la" and bo put In the f~rst annual review process for inclusion In the urban boundary. Responding to Commissioner Hesse, Mr. O//lff reiterated that Staff had acted on the the Board's direction to come up with language. Commissioner Saunders Quggested that each ares be taken separately and a consensus decision be made by the Commission as to the designa- tion of each area. Commissioner Rases commented that the Board uhould watt until the water ~anagement study Is conducted to take action. Commissioner3 Goodnlght, and Shanahan concurred with Staff's recommendations of Sec- t~on One. Commissioner Saundere Indicated that he too agrees with Staff's recommendation of Section One, due to tho four-lanlng of 951, to the conunltment that no expenditure of fund~ will be used for drainage, and to the fact that there should be some transition between the urban and rural designation. Commissioner Volpe stated that he is comfortable with Staff's recommendation, but some clarification to the distinction betwe,tn 1.5 un,ts per acre and the 3 units per acre should ba made, specially tn regard to Hr. Reynolds' comments of setting a cap. Page lI DECEMBER 28, 1988 Mr. Oauthter advised that the Planning Commission has discretion at time of zoning, however, the purpose of the Comprehensive Plan is to guide growth and let the public know what sort of growth ts sought in the area. He noted that there ts a great consequence between the 1.5 units and 3 units an acre In regard to road impacts. Ha noted that each dwelling ~tnlt would generate up to 10 ~rtps per day, and the County needs a firmer basis to do the detai}ed public facility planning. In response to Commissioner Shanahan, he Indicated that It Is difficult to anticipate tho water management needs without the master plan. In regard to Study Area Two, Commissioner Saundera advised that Staff's reconendatlon lo to remove It from the urban area, and the Planning Commission's recommendations to to make it 3 units per acre. Commissioner Hasee concurred with this recommendation. Commissioner Shanahan noted that he did not have a problem with taking It out et the urban area, however, he wondered if a better compromise would result from changing the density to two unite pQr five acres. Mr. Oauthler noted that 1.~ untts per acrQ ha~ been the traditional base level of density in tho County: that all areas that ara not zoned for development type uae are one unit per five acres and that tho tall section to premature for development, and one unit per five acres would make it less viable than two units per acre. Ho noted that the County needs time to Implement road Improvements and the water manage- msnt plan. Commissioner Goodnight stated that she has a problem with Staff's recommendation as development that has already occurred in tho area would be taken out. She noted that she did not have a problem with reducing the density. She stated that the Board should be consistent with the designation of the "pink" area of 1.5 units per one acre. Co~uaissloner Shanahan stated that he was not comfortable with the aforementioned suggestion. Commissioner Saunders concurred with Staff's recommendation to leave it at one unit per five acres, recognizing that in the future the designation can be re-evaluated and Page ll DECEMBER 28, 19B8 considered for higher density. Commissioner Shanahan stated that he did not have a problem with the recommendation baaed on tho oppor- tunity for review as the situation alters. Commissioner Volpe stated that he d~d not have a problem with Staff's recommendation. Com~l~sioner Saunders Indicated that the Board concurs with St,~ff'a recommendation which Is to take %~e "green" area out of the urban declination and pu~ It In the rural designation at one unit per f~ve acres. He reaffirmed Commissioner Vo]pe's statement that any preuen~ action is sub3ect to change. Commissioner Saunderu noted that the neat area tn queotlon is the area described by Mr. Hahn, and Staff'~ recommendation ~ to leave it as Is and re-evaluate l~ In ~lx months or In the first review process; the Board concurred with thl~ recomm0ndatlon. Commissioner Volpo asked If the area described by Mr. Hahn should be treated any dlf-- ferently than the area that lies north of Immokalee Road? Mr. ~auth~er responded that both areas are being tr~a~ed ~he same. Commies~oner Saunders read Mr. Reynolds' revision and noted that the language Is very appropriate. Mr. Gauthter noted that the language ~ currently in exi~tonce and the only word added wan "new", to which he did not have any ob]actions. The Board did not have any obJection~ to the language. In response to Commissioner Volpe's ~tatement, Mr. all,fl advised that Staff has to review the language proposed by Mr. Reynolds. '~'Recess 11:05 - Reconvened at 1~:1~ m.m.''' &ctlvlt~ Cente=s Mr. Gauthter advised that some difficulties have been encountered since the August direction In regard to Activity Centers at the ~-75 Interchange. He noted that a standard size has been established for activity centers to be leO acres, 50% of which could be commer- cially zoned. He stated that Staff concluded that the on and off ramps at the Interstate extended almost fully to the spacing, thus croatlng problems. }{e indicated that the package contains a couple of maps which delineate activity centers. He stated that theme is a Paae 13 I I I I I I I I I I I I i I I I I I BOARD OF COUNTY COMMISSIONERS MEETING TRANSCRIPT JANUARY 4, 1989 NOTICE : PUBLIC HEAR/NG COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS JANUARY 4, 1989 7:00p.m. ALL PERSONS WIS~ING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TIIIS BOARD WILL NEED A RECORD OF T~E PROCF. EDllqGS PERTAINING T~rFRETO, AND THEREFORE MAY NEED TO EN.SURE THAT A VERBATIM RECORD OF THE PROC~.~INGS IS MADE, W~ICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON ~IC~ T~E APPEAL IS TO BE BASED. Approval of the Agenda Advertised Public Hearing : Adoption of the Collier County Growth Management' Plan. A. Introduction Presentation by Representative of the Florida Department of Community Affairs C. Future Land Use D. Conservation and Coastal Management E. Capital Improvements F. Traffic Circulation G. Mass Transit H. Aviation Public Facilities 1. Sanitary Sewer 2. Potable Water 3. Drainage 4. Solid Waste 5. Natural Groundwater Aquifer Recharge J. Mousing K. Recreation & Open Space L. Intergovernmental Coordination Other 1. 2. Implementation Date Monitoring & Evaluation Procedures JANUARY 4. 1989 theme undeveloped naturally functioning barrier Island, and bay systems that were environmentally sensitive. In he noted that an overlay of County environmental concern was lded. ":. Dx'. Benedict Indicated that the Citizens Ad Hoc Coutttee for the ~.';j'¢oaatal and Conservation h~,J propelled ~hat ov~r U~, next ~ ye~ru. :'~'.'thoro will bo a system developed of natural reuource protection ar,no, Will be done in tho interim to indicate those environmentally sen- i~..!~ive areas are ehow~ on the Future Land Uae Map. He noted that :~"..'~hsse areas need to be identified, and suggested tho possibility of an ~nfor~atAonal overlay. He stated that he will be glad to assist In way he can. Co~tssionsr Oondnight stated that all of the overflow water of Lake Trafford rm~s into the slough and the Fahkahatchee Strand. She ~.'noted that she believes the environmentally sensitive areas ~re taken care of b~ the white and black dots o, the map. Mr. O/liff e~ated that tho black and white dots designated on the .~'llp will remain, but suggested that the light green areas, which are ~:~blic information proposed for poss~ble p~lrcha0e, be pu~ on tho ~iro~n~ml map. ;:.- Co,Assigner Sh~ah~ stated that he lo An favor of desiring a that provides for the information, and an overlay. ~ reaps moved, ~ecou~ed by Cc~niasi~r Sh~ah~n and ~:hlml-e~llmlktch i~;~t%' mn "lqua" u lmnda proposed ~or ~leitiou '.IHS ~ea. ami 4esl~nate those areas on the Natiral {laeour¢# ..-.. ,.~ ~lth · ~m~tt~e~ that the list Is nbJect to chmniFe, mx~ the m~p il~m~r~il¥ d~finitiv~ of what ie on it. Commissioner Saunders questioned whether there any desire on the part of the Commission to make any changes to tho ! ~.Urban Boundary, regarding property owned by Mr. & Mrs. Hahn, the pro- 'Perry east of C.R. 951, and the property on the East Trail? Page 12 ~i CouAss~oner Volpe stated that density wao discu~oed at the !.i.'Workshop, epecAfAc,t]ly 1.5 un,to per acre for the area running along ~'O,R. 951, alld 1 unit per five acres for the "tall" area. He noted that he As not clear on the d/otlnctlon of these two areas. Mr. GauthAer noted that the area along C.R. 951 ha~ many wetlands. As a sene/t/ye area, and one w/th water management problems. He /ndl- cared that At will only be suitable for lower residential densities. Mr. Gauth~er ind~cated that tbs "tall" section also has water '~ m~na~sment Droblems, but ~t will be ~ul~mble for more ~f~eF ~Fovemente have been made to C.R. 951 and the Watershed ~'.: P~ has been developed. Nr. Oau~hAer ]ndAca~ed ~ha~ S~a~f believes ~ha~ bo~h areas shou2d ~ ~Am~ad un~A1 the Watershed Mas~er Plan Is In place. Co~se~oner Volpe stated ~ha~ ae he recalls, ~he Comprehens~ve PI~ was eubm~ed ~o DCA w~h a density of 0-4, and ~eco~enda~on from ~he CCPC wa~ different. Co~se~on~F Shanmh~ noted tha~ thos~ areas are con~ouo, ~d there ~s moms development. He ~nd~ca~ed ~hat %he direct~on from the CCP0 Wll that both of these a~eae be treated the same, 3;1. He that there should be consistency, but ~f a chan~e ~n the pattern occurs, there should be a good reason and explanation. Co~ss~one~ Hesse stated tha~ he concurs w~th 1 unit per 5 ~t~ such t~me that all ]mprovement~ a~e completed. Mr. George Keller 5ndtcated that the Belle Meade watershed problem ~s not ~esolved. He stated ~hat Development 0rde~s that water be retaSned on the applicant's property, but noted ~hat a · P~ ~s recently approved that w~ll be pushing the wa~er to the east. He noted that there are also flooding p~oblems at Southw~nda Mobile [~ Home Pm~k. He s~ggested that the recommendation of Staff to keep the ~ty do~, be approved. cee ~ 8:45 P.M. - 8:55 P.M. Colonel Jo~ Boebe, Jr., Pres~den~ of Lakewood C2v~c Associa~Jon, mtated that he FecognJzes the outstanding work of County Staff ~n ~he Page 13 JANUARY 4, 1989 .~at~on of the Plan, particularly, Mr. Gauthier. He >?~hat he believes Staff's original recommendation regarding the Urban ~oundaz~ should be adopted, which removes the 9,600 acres east of 951 sd south of Alligator Alley; and east along the Tamiaml Trail to for development, considering there ~, available p¥opur~y for develop- ment ~n %he urban area, west of C.R. 951, which wll! keep the industry b~S~ for ~he next 50 years. ]{e no~d the% ~nfras~ructur~ should be ~n plmce before th~s land is considered and a e~ud¥ on the Belle Meade ~n should be completed. Mu ~ndica~ed ~ha~ hurricane evacuation ~mmr~ce ~me for Marco Island ~s perilously clo~e ~o ~h~ re~red 28 ho~e, ~d fund~n~ for S.R. 951 seems ~o bu years away. He noted ~he approval of the Naples Golf Estates w~h 90 un~o on 640 acres ~av~ m dene~y of 1-1/4 ~l~s p~r acr~, and caused ~he four-lanlng of C.R. 95~ to move ahead by one year. He rc~ested ~hat the urban area be reduced, by removAn~ ~he en~lre area ~n quem~Aon, and all areas no~ already zoned, as ~ uni~ per 5 acres. Mr. Fred Vo~o s~a~ed ~ha~ Colonel Beebe mentioned nearly all of h~e Am~es of concern. He noted that he believes ~ha~ S~aff's recom- ~ndm~on Js ~he approprJa~e zonJn~ for ~he subJec~ area at this time. In addA~Jon, he Jndica~ed ~ha~ there As a tremendous amoun~ money that mus~ be spen~ for Capital Improvements, and no,ed ~hat he done at this time. Mr. W~llie Anthony sta~ed ~hat there were discussions appvoxima- ~el~ ~-1/2 years ago about ~mprovtng the Sabal Palm area. He no,ed th8~ If the t~me comes when the Watershed Master Plan lo developed ~d the deputy is ~ncrea~ed, ~he present property o~ers tn this ares will be scrutinized. He indicated that the property south of U.S. 41 ~d east of C.R. 951 will have much more of a detrimental impact on the e~ation of Marco Island than the property north of U.S. 41 and ~et of C.R. 951. He questioned ~he difference of ~he sensitivity Page 14 JANUARY 4. ~989 bail, leD the area east of C.R. 951 and west of C.R. 9517 Mr. Gauthler stated that he does not know whether he can charac- terize the area west of C.R. 951, but noted th;~t the area to the east of C.R. 95! ls §0% wetlands, and the County is dealing with a dif- ferent watershed e~nce C.R. 951 forms a bauln boundary. He noted that the District 6 Drainage Basin ha~ a heavy pat%urn of development, and many water management problemo, but the other olde 1,, virtually unde- veloped basin, addin9 that this limits the County'o opportunity to work toward the west. Mr. A~thon¥ Indicated that It lu hie understsndln~ that if tho U=ba~ Boundary Is not changed, 4 unito per acre will be permitted. Mr. Oauthler replied that 1~ tho Urban Boundary stays to the east of C.R. 951, the Density Ratln9 System wl]l allow 4 unite per acre, and a little higher near Activity Centers. Ms. Charlotte Gillie of Reynolds, Smith & Hills, and representln~ &. DIlda & Sons, stmted that she ts Interested in the designation Study A~ea 2, as ~ural v,. u~ban ca~ego~y. She noted a few basic ~o~n~s relet~n~ ~o the main ~ssue, questioning wheth~ development a~dressed are: The eKls~Ang conditions of deve/opmen~ presently ~n ~he area. 2.Xnfras~ructure · Water Mmna~emen~ · 4.Hurricane Vulnerability and transportation evacua~Aon She stated that, as S~aff real~zes, S~udy Area 2 ~s more appropriate fo~ developmen~ ~han S~udy Area ~, ye~ the densities are be~n~ ~ncreaesd for S~udy Area ~, wh~le restricting any ~ype of ~row~h for S~dy Area 2. She referred ~o Map 3 of ~he generalized zoning which suggests ~hat ~he~e ~s extensive development, PUD's, and DRI's 8~J~nt to th~ ~e~tern boundarg and exl~tln~ tn Indicated that the density l~oue Is the major inconsistency that she has. W~th res~ct to Infrastructure, she noted tha~ there are two con- _i?i&~l IJ JII :1 I IIIIIIII gAt~ARY 4, 1989 ~ideratlons: availability of capacity, and responsibility for ~ '~undlng. She stated that the funding Issue and who will bear the responsibility ts the major point. She noted that concurrency addre- sams this issue0 and suggested that the developers should be respon- -Slble for the majority of the expenses for Improving the Infrastructure. She noted that with regard to Water Hanagement, the existing Belle !i Meade Study doea not recommend that there should be no further deve- lopment in this area. She noted that developments which require tmprovesents will probably address the drainage Issues and existing problems, and may Improve those situations, adding that there Is nothing preventing the County from requiring that the 1994 Plan be moved up, preliminary studies be advanced, and stricter language con- corning the water management Issue. 8he stated that hurricane vulnerability hag two sub-Issues: property damage and lose, and evacuation times. She stating that the ma~or Issue tm evacuation times. She indicated that the evacuation routo that has been suggested for 9tudy Area 2 1~ directed to the ,.: slat, southeast, on U.S. 41, and there will be no evacuation from that .area that goss onto C.R. 9~1. She noted that the evacuation route from Narco Shores and Marco Island Is directed up O.R. 9~1 toward I-?$, and noted that the evacuation times have been hashed through. She stated that there la a fair amount of room on U.S. 41 to address the evacuation problem, and suggested that this be considered. She indicated that she believes that Study Area 2 ts appropriate for deve- lopment0 and should remain in the urban category, and suggested tha~ the appropriate density of 3 dwelling unite per acre be considered. Mr. Wilton ~ahn referred to a map depicting the middle section, which he o~rns. He stated that with regard to drainage In this area, Staff has indicated that there are not the problems as those south of Alligator Alley. He noted that It has been mentioned to equate the area east of C.R. 951 and 0.$. 41 to the area on the map, and Sl~ggested that one compliments the other, ils stated that tho property Page 16 ~' JANUARY 4, 1989 ~!~O' tl~S north la leos expensive, and would be a basic element for 2~'}&ffordable housing. He stated that he belleveu this area should be l~cludsd in the urban area, and requested that this be considered. Mr. Gauthier advised that this is the classic case of allowing urban sprawl, if the County would allow urbanization In this area. He noted that it 15 important with the concurrency requirements that the County have a close coordination and staging of the lund uses and the ~ ability to put facilities in place. Hu Indicated that if the dovelo- ~' psr~ ~re relied upon to put the fecllltle~ In place, It will be a :'~,' piecemeal approach, and will hurt system-wide publlc facilities. Ho noted that there are also unexpected connequence~, i.e. increased $. COltS for the SChool Board, and increased costs for emergent! services blcmule of the geographic distance .~}..-- With regard to urban sprawl, Mr. Hahn stated that he feels ~' acres that ha would like included in the urban ares will have very ~l<]j little Influence on "leap frogging" and urban sprawl, and will hardly ~'. change, encourage or discourage development in ~he County from what is now. " Mr. John Dude, representing the Dude family, stated that he owns : property in several different counties within the state. Ha noted '.. that he works very closely with County Commissions, Re~ional Planning Co~cAls, and has developed very fine worktn~ relationships. He tndl- ca~md ~ha~ ~row~h has be~n An S~udy Area 2, and will likely con~Anue. ~: He stated tha~ l~ seems e~r~e ~o ham, tha~ when growth As happenln~ In the ares, the County would consider changing ~he destination of ~he ~ea to rural. He suggested ~hat ~he recommendation of ~he Plannin~ Oo~AssAon be accepted, leaving ~he area as urban, bu~ with ~he den- , Slty of 3 units per acre. He noted that he feels this Is an accep- table and workable solution. Mr. Ol~e Quinby ]ndicated that there ~a no need to remove the ~.?~' existing boundary lines as they are established on the east s~de of ~'~.. C.R. 951. He noted that Naples Golf Estates was recently rezoned, and !o continuing south to the nex~ section of land lo Hight~ay Pavers. who Page 17 ~~'~': JANUARY 4, 1989 ~.~¢.?,;'ffi ~nd are digging 330 acres, leaving approximately 300+ acres and ?.:. ' the bal~ce belongs to 90 people and 25 parcels. Its Indicated that .the ne~ section of ]and, from Ratt[esnake Hammock Road ts the ac=o~o Swamp Buggy Grounds, and Highway Pavuru totaling 300 acres. He noted that the balance of the 340 acres Is held by 37 property owners. He stated that no developer wi]] be building in front of or behind the Swamp laugg~ Grounds. lie ~ndicated that the section below the Swamp Buggy Grounds ts Sabal Palm Road, comprised of nurser]es, single- homes, campgrounda, and appro;~Jmately 90 acres ]n that section. He ~ndlcated that he cannot forr:~(~ any developer wishing to purchase that land. He stated that the two sections to the south of that are vacant, and do not presently have a PUD. tie noted that the property on the west side of C.R. 95! lnclude~ a service station at the northern end, and one at the southern end, adding that the only ference is that the sections that border Davis Boulevard and C.R. has lO property owners and ts zoned commercial, multl-famlly, and ~;.': ~tngle family. He stated that the section below that has 6 property · ~,. owners, and 160 acres have been zoned PUD for Shamrock, and will not ~,.,~ exit onto C.R. 951, noting that this does not create a problem. He t, "~"J advised that the property on Rattlesnake Hammock Road and C.R. 951 hms f'%].~ 5 property o~ers, and 40~ la wetlands. He added that further down I~. afc 3 sections on the west side that Lely owns. He stated that the 6 m~le e~r~p on the east s~de, without the presen~ zoned sections, have 2,600 acres left for development, w~th ],200 acres of that at the eo~thern part near U.S. 41. He noted that the present density Is 0-4, an~ recommendations are 0-3. He indicated that monies have been paid on those water lines for 3 years, end there are 12 more years Feata~nlng. ~e stated that his recommendation ~s that Study Areas 1 and 2 remain urban, with 3 units per acre. MX'. Todd Demtng of Reynolds, Smith, and Hills, representing A. ])%Ida & Sons, stated that Staff has never said that Study Area 2 ]s not t! developable, noting that the issue is one of timing which is tied to ~: ~nf~aatructure, drainage, and natura! sensitivities of the land. He ~i~ Pa~e 18 12Al, JANUARY 4, 19B9 indicated that the concurrency issue require~ that infrastructure be In place at the time the Impacts occur, and the Board of County Commissioners have the ability to place re~trJctJon~ on that develop- ment to enforce that. its noted that he does not feel that lnfrastruc- Mr. Darning Indicated that A[f'ordabl~ }lousing tua key and critical lesua, noting that lands are more exp,~nulve closer to Naples, and the propertlee within the two Study Areas could be passed on to the deve- lopers for Affordable Housing. He stated that Staff's recommendation la 1-1/2 unite per acre from a rural to an urban lntens]ty for Study Area 1, and he questioned why Study Area 1, and not Study Area 2? He advised that Study Area 2 has ]ltt]e wetlands; Study Area 1 has wetlands; and Study Area 2 has been Intensely developed, and It not make sense to take thl~ area ou~ o! ~he urban clagelflcatlon, aotad that the timing la right because it la adjacent to development, infrastructure Is tn place, thc Plnnnlng Commission's recommendation · la a fair one, and both area~ ehould be treated equally, Mr. James McCombs of 2150 Oulfehore Boulevard North stated that he purchased an interest tn some land on the east stde of C.R. 951, 1983, with an understanding that it was In the Comprehensive Plan, the l~d was developable, the density was 0-4; he was pleased to ese the lnatallatlon of the water line, the announcement that C.R. 951 will be fo~r-laned in the near future, and now all of a sudden he feels the ~ug is belng pulled out from under him. He noted if this ]and t&ken out of the urban area, ]t will be worth far ]ess that what he paid for it 5 years ago. He requested that the recommendation of the CCPC De approved. Dr. Kris Thoemke, Manage~ of the Rookery Bay National Estua~ne Eesearch Reserve, stated that from hls perspective, and hls pro- feeelonal oplnlon as manager from the a~ea that receives water from the two areas along C.R. 951 and U.S. 41, he believes that these areas are extremely important to the quality of water coming tats Rookery ~y. He Indicated that fresh water is the key ~o what happens In the Page 19 JANUARY 4, 1989 He stated that he supports the recommendation of Mr. 12A| :=~I~'uarine area. GauthAer, that thio land be re~trlctud, until such time that appropriate studies can be designed oo that the drainage of this land wall not have an adverse impact on the National Estuarine Research Reserve. He notod that the wate~n w~th~n th{~ Reserve are Outstanding Florida Waters, as designated by DER, and part of the criteria of that dest~nation is that the water qual]t¥ cannot b{? further degraded below a~b~ent condit~ons, He roques~ed that the Board of County Commissioners accept the recommendation of Staff, and deny any imme- diate activit~es that will allow higher d{~nsl~le~ in this area. Co~lsstoner Vo]pe stated that mention has been made that the uses An Study Area 2 are predominantly agricultural, and he questioned whether ~hls has any relevance in terms of Dr. Thoemke's comments7 Dr. Thoemke replied that this Is the reason that ha is requesting action which will delay the permittin~ of developmen~ to occur. ~e noted that ~ ~s not known what types of impacts will occur If ~his area Am chan~ed from a~ricultural to urban, addln~ that the drainage · z~d ~%tnoff patterns will be different. He suggested that both of the areas be ~reated The same. Dr. MIrk Benedict, representing the Conservancy, advised ~hat he IBppOFte StIff's position on the "pink" area, adjacent to C.R. 951, noting That a density of 1 unit per § acres is at most, what should be there. ~s Indicated that he opposes the Plannin~ Commission's recom- mendation to have a cap of 3 ~its per 5 acres, M~ advised ~ha~ ~he entire Watershed ManaGemen~ Area consists of a lo~ of wetlands, a ~JoP flow way system that does ultAmately impact ~he Estuar$ne S~stems, Rookery Bay, Marco Isled, and the ~0,O00 Ielandm. He ~ndi- ca,ed that the entire area ~s without an adopted or f~ded integrated Watershed M~aGemen~ Plan, and there As no mechanism to deal with ~he wa~er. ~e noted tha~ he does support Staff's position of ~ ~/2 ~ATs per acre ~cause he has been involved w~h the Naples Golf Estates Development, and the wetland and water manaGemen~ concerns were ad.eased. ~{ JANUARY 4, 1989 Mr. David Land noted that au a point of Information, Goal 2, and a number of the Objectives and Policies under it In the Conservation and Coastal Management Element address concerns relating to estuaries and water management plane, lie Indicated that a Watershed Management Plan [' will bo developed, and by 1992, there will be an Eatuartne Program for the County, and ell canal~, rivers, flow ways, otc. discharging Into estuaries have to meet applicable Federal end State standards. Mr. Alan Reynolds Indicated that he uupporta the recommendation of the C~PC regarding urban boundaries. He stated that he would lika to discuss the density Issue for the fringe area. He noted that the Naples Dolt lstates and the Southampton projects demonstrate the question of density and how It relates to the viability of the pro- Jecta. He Indicated that Naples Golf Estatea was approxtmata]y 614 acres, and over half of tho property ~ao watland~ that remain vir- tually untouched In the Development Plans. He stated that if the wet]ands ara excluded fro~ the Land Use Summary, tho balance of the project ~hich includes all of the watar management ayste~, golf cour- ses0 open opacee and re~ldentia! uae~ occuplea 29? acres, and that density l~ approximately 2.? unita per acre. He indicated that Southampton is being uaed a~ a comparable, ao it has similar land uses: low density project: mostly residential: ha~ a golf courae: has open space; preserved croak system, and occupiea 313 acrea. He noted that the denait¥ of this project ta 2.6 units per acre. He advised that he la trying to show that most of the high quality, low density il ~esidential proJectn that have been approved, have fallen in the 2-4 ~ tlnit per acre range. :,' Mr. Reynolds Indicated that the 3 unit per acre cap, as recom- mended by the CCPC, Is appropriate, recognizing that the PUD system w~rks. He noted that the review process that the individual projects go through, Individually assess the merits of each project, they look at the qxlantlty of wetlands and open space, surrou:~::.g ]and use, and tha density is adJuated accordingly. Mrs. Charlotte Westman, representing the Collier County Leaglle of JANUARY 4, 1989 Voters, stated that they support Staff's position on the #pink" =oluln do~n C.R. 951, to the east, and the "green" area along tho rest of the eastern 'tail" She indicated that she supports the remarks made by Colone! Beebe and Dr. Benedict. Couisstoner Volpe stated that h~has heard the arguments0 and he la not persuaded by the gentleman who made an Investment for property In this area, and indicated that he ts inclined to go along w~th the ~ecol~endatlona provided by those that the Commlsslon has deferred to, to la~ke those reco~endatlona. Co~lseloner Shanahan lndlcated that based on the ~nfor~tlon pro- vlded by both e~dee, ~t ~uet be realized that th~ Plan Is reviewable ~tce a y~ar. Co~ss~oner Hass~ s~a~ed ~hat he does no~ fee3 ~ha~ ~here ~e ~y :~,need ~o move forward on ~ha dens~y a~ ~h~ p=~een~ t~m~. H~ ~nd~ca~od .' ~hat he believes ~ha~ I un~ per 5 acres ~e sufficient, until ~uch ~ma tha~ a repor~ from th~ WaSa= Mana~m~n~ Co~te~ has bean rece~v,d. Co~ss~oner Volpe s~a~d ~ha~ he do~s no~ undersold ~he d~f- · ference between 0-3 and 1-~/2 per acre, no~ing ~ha~ Activity Centers ~ d~sc~sed a~ a la,er po~n~ ~n t~mo, and they may have soma · Co,-~tastoner Goodnight stated that if 1-1/2 unite per acre Is :. designated for ~he "pink" area. the same consideration should be given for the 'green" area. noting that there la more residential Page 22 3ANUARY 4, 1989 g this area than the "pink" area. She Indicated that ~he feels there should be consistency in the two areas. Coutssloner Volpe advised that he believes that the CCPC a~d the CA0 have studied this Issue, and they have heard Input ~d ~ade their recoMen~tlons. ~e stated that he has not heard ~y reasoning as to why those reco~endatlone should not be accopted. 'C~tsmton m~eed to keep the Ac~tvtt~ Centers as m~ructured tn the ~aft. He tndlc~tet that Staff has provided the lan~age regarding the IO~ rule, ~d the e~fects of Attorney Don Plc~orth stated that he has concerns regar~ln~ the l~a~ pr~ldad in the memo dated 3anuary A, 1989. the additional landaus regardln~ consistency of the propoae~ ~es with the report of the R/UDAT Co. Artec, and noted that he does not see ~he need to include this In ~he Comprehensive PI~. Hr. Pic~orth stated his concern re9ardin~ the market dezand knd semite area item, Indicating ~hat ~hen deal/n~ ~lth zontn~ context, he does not believe this can be ~ullW analyzed aT that point, ~d ~9~at~ that this item be deleted. C~/ssloner Saunders sta~ed that he agrees ~lth Hr. Ptc~orth's [.'. state, hr re~dln9 the consisten~ of the proposed l~d uses ~tth the ~e~rt of the R/UDAT. the R/~AT report. ~. Gauthter indicated tha~ ~lth regard to the statement relating Pa~e 23 I I I I I I ENVIRONMENTAL ADVISORY BOARD MEETING TRANSCRIPT SEPTEMBER 3, 1997 Environmental Advisory Board Minutes ................................... ,";cptcml~er 3, 1997 l'a~c 3 ..\dd the tk}llowing language to thc PI;D Document Environmental permitting shall be m accordance with the State of Florida F. nvironmental Resot,rce Permittinu {t!I>,P) rules, and shall furtt~er be subiect to review and approval by ('triller ('ountv I)hmntr~g Services l)epartment Environnmntal Review Stall' I I I I I I I I ITEM: PE'FITION NO: REQI;ES'I'IN(;: REPRESENTED BY: MOTION: Regular .-\genda - Item Planned [init l)evelopment Petition No PI;I)-~,~5- Naples I'teritage (iolfand Country Club Pl.'l) Proposing to expand through the addition of approximately 15 acres on the south end of the project. I)v,'ight Nadeau, PE, MeAnly Engineering & Design, Inc Gina Green, P E, McA. nly Engineering & l)esign, lnc Tyler King, W Dexter Bender & Associates. Inc Made by Mr. Saadeh, seconded by Mr. Foley and carried 6/0, to approve Planned Unit Development Petition No. PUD-95- I 0 ( 1 ) with stall's stipulations. Water Management: The petitioner must modi~' his SFWMD permit to reflect the above listed changes. ITEM: PETITION NO: REQUESTING: Regular Agenda - Item VC Planned Unit Development Petition No. PUD-96-42 (2)/DOA-97-3 Marco Shores PUD (Fiddler's Creek) To add i,385 acres to the existing Marco Shores PUD Environmental Advisory Board 31inures ................................... September 3. 199'7 Page 4 REPRESI.:N'FI'~D BY: .~IO'FI()N: (;eoruc \'arnado¢. Younu. \'an.-\s~,endcrp & \'arnadoc. P A Tim [)urham. %':Ison. Xl~llcr tiar~on ~ t%ck. lnc Made by h!L..~0adeh. ~ccondcd by Nit. [:Ole~' and carried 4;1. to apErove Planned Unit Development Petition No PI;D-qO-4212}'I)()A-~;3-; w~th amended stipulations Nit t lerman,onab~talnedl?omthcvote ~._"!,' nt_e r 5.1 anag.,~n~cnt_. i'he t'ollox,.,nu standards and stipulations shall apply to Sections 18 and 1~.~ of the Fiddler's (,reek porlIon of tilt: PI '[) -\n,,' perimeter berm for Sections 18 and 19 shall meet l.and Development (,ode requirements as to setbacks l¥om property line 2 The developer shall attempt to procure (from the current landowner) a temporary water management easement in favor of Collier County along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS-00-S0220 and SIS-00-SOi I0 to assist the County in managing drainage on the U. S. 41 corridor and to attempt to re- establish historical flow patterns. The following shall apply to such an easement. a. The temporary easement shall not exceed 130' in width. b. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections i 8 and 19 The above is subject to permitting by South Florida Water Management District (SFWMD). If the developer is unable, despite reasonable efforts, to obtain a temporary easement from the current landowner; then within 6 months of the acquisition of Sections 18 and 19, developer shall grant to Collier County an 130' "temporary" easement to accommodate the construction of a drainage easement as set forth in !!.17B.2. Developer shall grant permanent easements as part of the platting process, and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process, provided minimum flows are maintained. The permanent easement shall not exceed 85' in width, so long as the County is provided access within the 20' maintenance easement required by SFWMD I I I I I I I I I I I I I I I Environmental Advisory Board Minutes ................................... September 3, 1997 Page 5 4 The purpose of the easement set forth above is to provide for acceptance of Ihe tlows from north of U S 41 which historically would have sheet-llowed across Sections 18 and 19 Any temporary outt'all constructed by the County may be removed by developer if the flows accommodated by water to said outfall arc rtmted into thc Fiddler's (:reek spreader swale system Environmental l.abcl thc preserved wetlands on thc south and ;,.'cst s~dcs of Section 29 as preserve or reserve areas on thc I'L'I) Nlaster Plan .,\mend Section 2 2 (..\~ of the PtJD l)ocument to read as und.e_rlin_e_d.~la..nu....u_.ag_e, and deleting the struck-th~vagh language follows by addtng the Regulations for development of NIARCO SttORES PI.,ANNED UNIT I)F.\'EI.OPMENT shall be in accordance v,'lth the contents of this document. PUl)- Planned [init Development District and other applicable sec[tons and parts of the "Collier (7ountv Land Development Code"- and (Jro,.,.th Nlanauement Plan ..\mend Section 5 1 3 (A) f4) of the PUD Document to read as follows bv adding the underlined lanttuag~ and deleting the struc~t~ough4a ~nguage~ Water management facilities; and structures and lakes~4nduding4akes-wi~h--but~$ or ot her-ar-c-~tec-tu r a! ' .',~ ,~ A non-exclusive conservation casement will be established pursuant to the Fiddler's Creek Wildlife ttabitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management Plan requirements. For the Fiddler's Creek Addition, the non- exclusive easement shall comply with Collier County Land Development Code Section 3 2.8.4.7.3~ without qualification. PLANNING COMMISSION MEETING TRANSCRIPT OCTOBER 2, 1997 October 2, 1997 PSP-97-10, ~.Ir. All those present here today to speak on this petition, please stand and raise your right: hand so that you may be sworn. (The speakers were sworn.) MR. NINO: Ron ]]].no for the record. You have the very standard preliminary subdivision plat approval petition before yeti for consideration. It contains a -- it's a replat of a platted tract within the Southhampton, slash, Stonebridge PUD. It would bring about 51 single-family lots, all of which will front on a private street within the Stonebridge PUD. Our resolution -- our draft reso].~tion for adoption includes t}~ose considerations by reviewing staff, whic}~ assure us that when th].n ]and is dove]opert, it wi].l be developed in a manner consistent wit}-, l,~t~<l Development Code regulationt~. recor~nend approval . CllAIRI.~d; DAVi[;: ']'~,~ ] 's are dotted and the T's ate Thank you. Question:: of staff? Petitioner, anyt~inf4 to add? Any questionr~ of the pet:~tJoner'~: reI)resentati...e? Anyone e!nr. h,~r,r t.,~,];~y t,~ r:pe~,k o:~ thor: petiti, o:~? Seeing none, I'].]. close the public ~earing. COI.H4ISSIONER OATES: Mr. Chairman, I move v:,~ a?pro-.,~, l_hr. PSP-97-10 subject to the conditions contained in the renolut].o~ adoption. CO~.E4ISSIONER BRUET: Second. C~IPi.U~N DAVIS: Motion of approval by Mr. Oates, ~:econded by Bruet. Ail those in favor signify by saying aye. Opposed? (No response.) CHAI~.DIN DAVIS: It carries unanimously. COmmISSIONER YORK: ~.~r. Chairman. CHAI~.U~ DAVIS: Yes, sir. CO~4ISSIONER YORK: I would make a motion, as a courto~:y to Mr. Varnadoe, since he has a plane to catch, that we mo-.'e Item next item of business. CO~ISSIONER OATES: Second. C~I~ DAVIS: Discussion? Ail those in favor signify by saying aye. Opposed? (No response.) CHAI~ DAVIS: And I'm sorry. That motion was by Mr. York, seconded by Mr. Oates. With that Petition CP-97-3, Mr. Weeks. This is -- Miss Student, this is a transmittal reco~endation. MS. STUDENT: Right. It's a comp plan amen~ent, and once again C~I~ DAVIS: Legislative? MS. STUDENT: -- it's legislative and witnesses need not -- you might call a witness, but individuals need not be sworn. C~I~N DAVIS: All right. CO~4ISSIONER BUDD: Mr. Chairman, a disclosure on this. I spoke with Mr. Varnadoe and Mr. Strange regarding this issue. Page 65 OcLob,_,,,. 2, 1 99'! COP'2.1] :3S1OtIER OATES: ;:s did 1 . COM2-1ISSIONER BRUET: As did ], Mr. C)tairmnn. CObIMI'SSIONER YORK: I spoke to Mr. Varnadoe. COI.~.IISSIONER PRIDDY: I spoke to Mr. Varnadoe, and quite honestly, I don't remember whether we talked about this petition or not, but -- CO~.~.IISSIONER OATES: That's what happens when you get older, Russell. C}{AI~dAN DAVIS: I'll have to say the same thSnc~ as yo~, M~ . Priddy. I think I ta].ked t.o M~ . Varna<!o<? about it. Hs. Student. MS. STUDENT: I j,~::t. ?:at~t,.,<i t,, ::t:,t,., b.-.~:au::<, t:}zi:: i:: l~..~i:.:la~ and not quasi-judicial, you d,'~:~'t~ t~ee,'! t:r, worrv a}5~,,:* di::clo::,~,.:t leg, islative matter::. IL'r: prezum.z.d t}lqt [)oop]~ ale (;oin51 to t.alk the legislative-makinf~ bodier:, but I CHAIFd. L'd: DAVIS: W,., like to ~:'.-:k,, it (:lear, t}io,J~h, that I.IS. STUDENT: That':: fine. !f you ?:izh to do Jr, tt~at.':: good. CHA!RI.?d: DAVIS: A]L}~oui~}~ ar' wa:-: jur;t pointed out, w.-: ,],):~'t. a very good recollection of it so --- CO:.E-:ISSIONER YORK: That's thc, seco:~d thing to CHAiPd.L'd,: DAVIS: b~r. Arnold. MR. AP2.~OLD: Good morning. Wayne Arnold, planning director. I'll be presenting this petition. Again, this i:~ ;~ comprehensive plan amendment which the suggestion is to add a vezy site specific amendment to our p]an which wou].d authori::,-~ ;~ reallocation of an unspecified number of dwelling unit~: frt.,m t}~,. current Fiddler's Creek Droject, %.:t~icI~ i:~ immediately %.:er;t (,t t~,. subject property, into this area which is designated agricultural rural in our Future Land Use Element. The property is 1385 odd acres, I believe, the is the total, and what's suggested is to keep the [na>:imum 6,000 dwellin{: ':nit:: iht.act for the Fiddler's Creek PUD allowing some of those 6,00. units tn spread into this specific project site. I think they have an ex~ibit which might indicate that the plan of intent is to go ahead and develop additional golf course sites as well as some additional amenities for the Fiddler's Creek development. We looked at several issues related to this amen~ent and one of those criteria was whether or not it meets the intent of sprawl under the state's definition of sprawl. I won't go through each of those criteria. They are in your staff report. It's our belief that it does not meet the definition of sprawl as defined by the state. That ultimate decision is up to them, but we do not believe that it does. Again, we looked at this area. The subject area is within the county's water-sewer district. There is urbanized development to the i~ediate east of the project site, which is Boyne South golf course. There's industrial development to the north, the Krehling Industrial Park there as well as an additional park that's partially developed. There's travel trailer parks, mobile home parks to the north and east of the project site as well as to the west. There's also some vacant C-3 commercial property to the northwest of the project site. Page 6 6 October 2, 1997 As you can see from the aerial that Mr. Varnadoe has, most of the site has been actively farmed and is, I believe, still currently under some agricultural production. There is some wetland area on the project. You'll note that the language of the stipulation suggests that no more than ten acres of wetlands will be impacted from the development scheme. One thing I might add is that the language that you see in the staff report, we have a suggested amendment. After discussion with the county attorney -- I have copies of that I'll be happy, to hand out to you. Thif; language clarifies that the reallocation will only occur Sections 1~ and 19. It will not ~nclude Sections 29 which -- this only a portion of Section 29. It's i~ediately south of the Boyne South golf cour'~e project. It would not cot~temp]ate putting in any dwelling units within that project site. i (]on't kllo?; if you-ali see that. Yo~: ~.a~ r:~.~. ~ down h~,r~ It r; t}~e 1 * '] ......... - --. ' ~t~e small isolated parcel on the large exhibit in front of us. And that a]~;o r~dds clarification to the language regarding the density o~ the project in going from approx~mate].y 2.5 un~t.c per acre down to a den~;Jty of ].6 units per acre as a gross for the total project density still maintaining 6,000 dwelling Again, I don't have a lot more to add. I think they're -- certainly you're coJnq to potentially perception of urban sprawl. Again, we don't believe thor: me-tn the definition of urban sprawl. Water and sewer ~:ervicer~ a~(.. ;:va.]lable. It's still within the county's water-sewer district boundaries. Thon.e boundaries were not retracted at the time the county's urban boundary was retracted several years ago. Again, this is -- even though it's a fairly ].arge partial and maybe as we saw another project recently could develop with a clustered land use scenario with golf course and home sites, I th~nk the result here is that we probably net 277 fewer dwelling units on , the project than we might otherwise have. By doing the calculation separately, that land would yield 277 dwelling units if you divided them into five-acre tracts. Those won't ever occur on that property under the scenario that Mr. Varnadoe has suggested. We've suggested that you transmit this to the state for their consideration -- or to the board for their consideration, excuse me CHAI~d.; DAVIS: Thank you. ' Questions of staff? Mr. Varnadoe. MR. VA~ADOE: For the record, George Varnadoe. I'll be very brief. You're going to see this project again and go into all the gory details. It's coming back for the amendment to the PUD, the DRI, and final adoption of this Growth Management Plan amen~ent. I'll go into as little or much detail as you want to hear. I think Wayne's covered the essentials, and that is we're adding 1385 acres, no new units, no impacts into the wetlands. And I'm sorry, I've covered some of that up, but basically it's these two -- what's in the dotted red is what we're adding. Fiddler's Creek is in the red over here (indicating). We're going to be developing what's been farmed. Ail the areas that have trees on it now including some of Page 67 October 2, 19971 this down here which is upland remains on this parcel down in here, which you may not be able to see. Same situation. You can see it better here. This has currently not been developed. The part that's in the darker green has been. That will be turned into recreational areas. No units down here. So the units will be contained in this area here along with additional recreational open space situations. So to me it's a win-win situation, no new units, less density, more recreational opportunities, higher quality of life, and no environmental impact. But I'll be glad to go into as much detail as anybody wants to hear. CHAIPR4;d~ DAVIS: Question of the petitioner? Thank you, Mr. Varnadoe. Additional speakers on this petition? Seeing none, I'll close the public heari~]g. CO~,E4ISSIONER YORK: k'r. Chairman, I'd -- I ;,;o~]].d move that we forward CP-97-3 to the Board of County Co~mmissioners with the recommendation that they submit this petition to the Florida Department of Community Affairs. COI,Z.iiSSIONER BRUET: Second. C}{AIP24Atl DAVIS: I,[otion o~ transmittal by Er. York, seconded by Mr. Bruet. Discussion? Ail those in favor signify by saying aye. Opposed? (No response. ) CHAIRI4AN DAVIS: That carries unanimously. Mr. Varnadoe, we have all these nice books that we now have no use for. COI.K.IISSIONER PRIDDY: You can give them back to us. The ne×t two or three times you come, bring this back. MR. VAP~ADOE: I would recon~mend to the Planning Conunission they would ask Mr. Priddy the essence of my conversation with him on welcoming him back to the Planning Commission as appropriate, maybe off the record, though. COMMISSIONER BRUET: When will that be appropriate? COMMISSIONER PRIDDY: He just asked if I was a slow learner or had a short memory, and I told him I qualified for bo,th. CHAIRMAN DAVIS: With that, we'll move on to PSP-97-11, Mr. Nine. I'd ask all those present that are going to speak on this issue to -- all those present that are going to speak on this petition to stand and raise your right hand so that you may be sworn. So far it's Mr. Nine. Raise your right hand. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. Mr. Nine. MR. NINO: For the record, Ron Nine. Again, we're dealing with the standard of preliminary subdivision plat application procedure which -- which has a phase of -- or a portion of Pelican Strand, which you're all familiar with, well into the interior of Pelican Strand, along Pelican Strand Boulevard accessed by another private street with a cul de sac creating 26 single-family lots. Again, staff has reviewed this, and to insure that as the Page 68 BOARD OF COUNTY COMMISSIONERS MEETING TRANSCRIPT OCTOBER 14,1997 October 14, 1997 EXCERPT OF TPJdqSCRIPT OF THE MEETING OF TI{E BOARD OF COUNTY COI.E.IISSIONERS October 14, 1997 LET IT BE REMEMBERED, that: the Board of County herein, m,,'. ,,:; tht:; <i,~tze at 9:0;~ a.m. in REGULAR f;t.lf;SIOIl [n Building "F" o[ th~-(;,,'.'ermmen': C,,rnpl~'-:.:, K.':::tt rlaples, Florida, wi~.I~ t:.h,~ [ollowing member:-; prese;~t: ALSO PRESENT: CHA I RI,'~AN: Timothy L. Hancock Pamela S. Mac'Kie John C. Norris Timothy J. Constantine Barbara B. Berry Robert Fernandez, County Administrator David C. Weigel, County Attorney Page 1 12Al October !4, 199'7 CHAiRI4AN HANCOCK: We have nonL~ regi:.;Lereci unde~ general topic:~. *'* In that case, we 11 go ahead and mo'/~,~ ~:~t.~ anvertised public hearings. The first item on o~r agenda, l~em i:{~A)(i), Petition CP-97-3, I4r. va~nadoe representing -- ,,.q,.u.,. ' .... ~; . ', Plan text amendment -o ~h,~ = ~ . ' ....... . ~ ..... utu~e [,an<: i;,:,-. Ei,.-~,---:-' Mr. Arnold, good morning. , . '" .... A~nold, plann]~g fiR. ARHOLD: Good morning, c,'~mmi:::;i,,:;,.. :: ..,~,:~,~ . .m,~,',,;c'os director prese~tinq t.}~i:; ;t',"." ;..qain, thi:~ ir; n comp~,o}~en:;i'.'~, p],~n ,,:r.<md::>?n'., and the request is ~o amend our plan wfth t.e>:% which would a,~t.~F~riz,.= t~$e Fiddler's Creek -),-ov]:;fon ~r; ' h,. ',"~ t?:,~t '" '; ..... ~ ..... _..,.. would aut_h,~r~ ,. ..~,': ..... ,~int.ain their ' ,-~ - j,-.,-" ~/,~nciar't et.trend e:.:i,.¢rlnq (,CG2 dwe]linq ~inits ',;zthin ,.ne pro , ~he&r project b,m:F.i,:~ry and then bring dw,.,!ii~,,: ';:.:~:' i~,~ it . CO:.:.:~ES:O:IEP, CO:.;F;TAIITliiE: Th,?rc, '.,:o':'d b.'. ' ad, iitional dwellinq un ..... ? MP.. ARiiOLD: Iio additional d'..:ellinq .... : .... '.,: t.h.': de'..'elot)menL, and, in i,~ct. - you car~ t. ink,2r wit.}] t}~,. ,',:1~'~:!,~' :,,::::, },~lt it - pro~ec~ area off ~oughiy 1,385 acres would a"' ~',',' ;;:,: 277 dwelling units az current density today in addition to r.i:e 6, .i'. :i,;a:. Fiddler's Creek is already authorized to consLruct on their p:op,~rt.W, and, in fact, could be seen as a reduction in dwelling unit:: bS' 277 unit::. CHAIRI,M~N HANCOCK: l.Ir. A~no~d, just :;o ,:--~'e:'¥on<. is clear, this ' matter we are asking about today is whet. he: o: :;o1.. t.o iran:trait it to the state for cogent? We' 11 receive th,?i: co:r:r/:::ts back and then we'll either finally adopt it, and that, in it:coif, has no effect on zoning. There's still a zoning issue to be heard, a PUD amendment. So, this is an early step in a process if it's to move forward that will have at least two more public hearings? MR. ARNOLD: I think it may actually end up having one or two. I'm not quite sure. It depends. We are not requesting that the Department of Co,unity Affairs give us an objection, reco~endation and cogent report on this item, and that was requested by the agent for the applicant, and what that will do, it will authorize them to go ahead and proceed. We'll transmit. The state, I believe, has 30 days to make or to determine whether or not they wish to issue an objection, reco~endation and cor~ment report on this issue. If they choose not to, it will come back to us, and we'll be able to adopt that if you choose to transmit it and then adopt it, and again, we looked at this issue as one. It's a large piece of property, but essentially, it is constrained by urban development to its east with the Boye South Golf Course. You have an industrial project to the north. You have some other housing sites. You also have a travel trailer park, a mobile home park and some other co~ercial and mobile home zoning along the north side of U.S. 41. The state has also identified 13 indicators of urban sprawl which the developer looked at and answered as part of their application Paqe 2 packet. We also reviewed those and find that, in our opinion, it does not meet the indicators of sprawl as defin~(] in .qt:at'.,~ :;t-.at~itTo, and County water and sewer alit:trier' :':orvi~'~, },~iIl(t,tI"/ ~'~iI-I'~'~nt:ly. lt. doesn't e:.:tond tho no,.,t l,,l :;,.Ivir,,~:;. It ,t,,,..:;n't ~,'~v,~ an impact on doesn't ,fI'oat.o ,t p,~ t ~rI~ o~ ,Jr}~,,l~ ,],:'/,.~,,l~h,:I~1. I }I;~L':; r,elnoto from other services or other cte'/¢~lop:r,¢.rit, ,~n¢i t.}~¢.r,. ,,I,' :;,r'/,'r,~] ot.h~3r indicators, but tho~;e arr: what I wo,]ld qor~::id~.~ to b,~ t.}v¢ m,,:;~ iml,rCrtant for determinati, on of r:pra',;], ,,fyi w¢. d,,%'t t,,.l i,.v,. ~},.,' indicator:;. C}{AiPI.IA~; }{;dlCOr.'F: ?/it.t~ t h,'. n,',;,r I,~':':imit.'/ ,,~ fiR. ARI:OI,I): It i::, ,,r~d ;'~q,',in, i~. i:: ,, 1,:~,~.. acre:;, but. ,::::;,::~ti,~li'/, i~ ,:t/i:: '~I~ be[hq i:~fiil, ,,nd lra~kly, when you look at tho r;ttate ind~,:,,~,',r:: f,,r ::i>~-;~'t,'l, ~,, ~,~,/,. ,~ f iz,?t bou~d,~ry such as Collier 2er, inole ;;zate Park, it maker; a lot o[ r:ense, and, in fact, our urban bo,:ndar7 ~r:,,,i ',, ~,,. ,,,;' !t,:r,¢ ~t il 19a9. I.t w~,s retracted, had r;,?r"/fc,t ,,qr,.¢.:',..:.' :: .::..i ',.',.: .... ;::,::,t.!7 ~,:,,'.,i,ii:;'i :;,:: '/i c,¢ t.o other developmenzs. I think %hat if you look at the language that was on Page 2 contemplating !2 t. hat t~;e developer ha:; aoreed that what appears on the aerial, and maybe: >ir. Varnadoe can highlight it think it's easier to see :kan on mine, but there are a substantial number of wetland acres on the south sides of Section 29. They have co~itted that that area will not be developed with any dwelling units. He has his map legend over a portion of that, but that, in fact, is co~itted not to be developed with any dwelling units. The remainder of the dwelling units would be on the upland areas with a total impact area of ten acres to wetland, and again, there is no significant environmental impact. It is largely, as you can see, a farm piece of land, a former sod farm. Again, they're keeping all access points to the development in place, and you will be seeing a companion PUD amen~ent. I believe it's scheduled for mid November for planning co~ission. It should come back to the board sometime in December. CO~ISSIONER BERRY: I.Ir. Chairman, so you have contiguous property, and then there's no new cutouts onto U.S. 41; is that correct? MR. ARNOLD: I think the developer has indicated that all access to the site would remain internal to the existing Fiddler's Creek project, and they would use the existing access point that they have allocated through the DRI, and I think it should be noted too that the Fiddler's Creek project, a couple of years ago, they came back and voluntarily gave up 2,000 of their dwelling units and went from an 8,000 dwelling unit maximum down to 6,000 dwelling units at that time, and I think, given that, we also see here that that impact today, if Page 3 you went back and re-allocated densit',', i :..hink that: you're going to find that they could st:i. 1] ,~chi,:.vc, ~.{,06q dw,~tli:~q ~:%it~3 undor our cu.'rent_ plan on their total project aroa ii r~'...._~ "-,...ur,-._ to seek that. CHAIP3'~AN HANCOCK: Tho i. ss~'~ of '..:h,~:ho: ,.~r ~v)t to access U.S. 41 along this new parcel, I would~t't l]k,-, to pit.ch and hold that just yet. I think that":; m,,~,. ,,I ,, :t,,~i~q i:;::~,', t~,~',~:;,~ th,~e may be advantage to one down t.h~tre, b, lt ] think t.har :; ,',n i:,.,u_, to look at if transportation re'/l,r~; ,~/t :;,, l,,r~t~, 1,,~ I ,.,.~,,,~1'/ ',:,.,uldn't want to make any -- I per::on,~] ]7 ',,',,~l,tt~' ~. w,,:~t , ,, m.,k,. ,,~'/ 1 imi t~Lions on At this point, l'd like to look i.t in an apl,ropri;',t," :;en:;e then. MR. AP. iIOLD: In a:~ i::::u~ t~ai.':: ::,,:' ',: rt.,, ,.ll:e,;tly related ~. :' .:,.!' ~' that would to the comprekensi'/e t'~]a~ ,.,-,:,: ,~ certainly cor:e out at: par' of ~, i'~;i~ ar, ~i"~.:~' it: '~,,,': i think the developer:; tort,mitt r'ei t.q, r:.'~k.'' :;,.~:nr~ ::.;~,::: .::',' ~,~' ,i: ,: ~:..~'~'.' iz,l~ro'/ornolltf/ along thi:: co:'rlaor ,,r.d t}.:" ,l,:,~9r'~,?':ie' 1,.,: ;,. ,'o';'~'' which Mr .. d,: a.' '-~,at, but I think · ~ ..... ./,,. r:r, water it certa:r._~ met with r~or~.e rf the appro','ai~' "',' ::- managemc-r~' :lL,'i f f . -- ' '"' ,:ti ".'-'"' d'"aina,lo pattern here? !t' :' a ~¢: ..... el(i:: .....at d-., r}:,'-:. . ,. tr.': ' 'i,,odincl, pumping, ' -' -;,,'-.'-; .... ', -- I don't see irriga'::.z:'., all that cz:ret b:.;zi:tez::, and ,.ne:t ..... ; .... any lake:: on,_:' . They ju:.;',_ di",'lld-qr-..._ .. _ into r'a:,.~l.:;. :.~;.~t move in a souther17 direction? :.iR. AP.i;OLD: Apparently so az it':: been active17 ~armed. I don't believe that there was -- at the date when most of. the development approvals were given, if any, there were no requirements, I'm sure, for water management discharge and control structures, and it's basically a sheet flow right now from what ! understand. I didn't point out, I don't think, that the ultimate density of the project, if this plan amen~ent is successful and the companion rezone is successful, it would bring the project density dorm from about 2.5 dwelling units per acre to !.6 dwelling units per acre. C~IP2~q H~COCK: On just the numbers themselves? MR. AP/,IOLD: That' s correct. C~IF2.~ ~COCK: What we are talking about is a density, overall density reduction to 1.6 units per acre but a specific, guess, removal of potential dwelling units of nearly 300. COI.E,IISSIONER NORRIS: Two seventy-seven. C~IP3.~ ~NCOCK: Two seventy-seven. So, those -- if this moves ahead, those are units that cannot be built in Collier County. MR. ARNOLD: That's correct. I'd just like to 9o ahead and su~arize by saying that the planning co~ission heard this. No one spoke in favor or in opposition of the project. We received no correspondence in favor or in opposition of the project, and -- or I should say the comprehensive plan text amen~ent, and the planning co~ission reco~ended its transmittal seven to zero. COI.?iiSS!Oi.:ER [IORRIS: Idr. Chat rman, I 'ye had some contact with -- Page 4 c~ct. ober 14, 19971 from both the petitioner and from other people through correspondence and personal contact, but I'm going t.n ba:;e my d,~cision solely on what r hear in this public hearing. CHAIR~.~N H~COCK: Commissioner Mac'Kie, disclosure. CO~4ISSIONER MAC'~IE: l've hnd ~',n~,~:~ f ~,-~m nl 1 parties. CHAIRI~3~ HANCOCK: Cor~issioner }~erry. I'll base my decision on what: ]"/e h,.ar(t ~.i~i:; m,~ning; and Mr. Co~sta~tL i ~e. here t,-)da'/. XP,. VAR}JADOE: Good m,~rni~g, i:,',~ t}~ ...... '~,~,i, (k,~rcle Vi~rnacloe re:)resenting the :-,-'ition,?y, 951 t,andholdin~: S,,i, ' '/enture ' ' '~-',' . '" , i~, but I ' 11 try to be brief maybe give yo~: a li "' · objecuive Jr; to amend the bR DRI clc, velr~pm,:z:t ,,rder PUD in orqer to add 1,385 acres to the Fiddler's Creek project with n,:~ additional units Pr .... '" ,}ccau~,e the land to be added - we .,-z ~c]d~:],} ~.o the project. in the ag. area, and we would need to prosecute a comp. plan amendment. In order to accomplish that, we nc.,zr.i to transmit Lc, I~A in advance, but you're right, Mr. Hancock, this -- today is only a transmittal hearing. You'll be }]earing the entire project in approximately two to three months where you'll consider it all in bundle, that is you will determine whether or no% to adopt the Growth Management Plan amendment, whether or not to approve the DRI, development order amendment, whether or not to amend the PUD. Having said that, let me hit a couple of the basics, because we have had some people questioning whether this is appropriate or not. As you-all recall and as Wayne mentioned, the original Fiddler's Creek project arose out of the Deltona settlement agreement where some 9,110 units were approved for this area. Interestingly, the Conservancy and the Florida Audubon Society, among others, were signatories to that agreement whereby some 9,100 units were going to be in this area. Since this developer got involved, the density has been voluntarily reduced. We started at 9,110. We went to 7,000. As you can remember, about two years ago, we went from 6,000. We added 690 acres right here about a year ago without increasing the density. So, you lost another 1,035 potential units out of the county at 1.5 units an acre in the fringe area. Now, we are seeking to continue that trend, add the 1,385 acres with no additional units. I think that it's important to know what's happening on that 1,385 acres. Out of the 1,385 acres, all of the parcels you see that have -- are undisturbed, if you would. Some 450 acres will be in preserve. Out of the remaining land, 635 acres will be an open space, recreation, lakes which leaves, if my map is right, about 300 acres we're actually going to be building units on. So, you can see it's a Page 5 very low intensity, ]ow ct~nsity pr~ject t'rS, il]g to i.~provo tho quality of life for the people in the development. From the environmental p,:r:;pec~..ivc, l'il just say -- you know, the bottom line question, is the environment better off after we do this or is it'. better off witJ~ this room is going to arctue. It's qainq tr~ be better off when we finish this project. ~. you can remember :ri tT.h,~, oriqin~,] and let me refer to the site plan over her,.., i~ '~u. ,~ ~q~:t,,i f,~,,~,.c't , we had this elongated spreader swale, what- ?:(. the property whic~ il; :,at. p,J.tt ,~f. t.~m, ',.;,~'~.or management system. It's not needed_ for a~tten~at'.ian, or ..,n.,,t, t i(,,~t,.:,,n, that had bled into the wetlands: t.r~ · ~'. :~,,':'.~ and prOV~rb'~F{ ,~ b~]f ter from the upland d~v~iopm~--~_.. '-, *'h,. '~;~'.~--~r:-'...,.. t,) 'r',.' :'lO' ': .... ~' W.~ are continuing that soreader, o..a-".'-ie system over to Lbo o;~:.:t , (~.'l(:' thqt will, again, allow get wken the larmers pump their land out. The clra~naq~· th~nqr; that ?;aF, n.-~-Ar:~o!,~ ~.,'a:': talking about are more off-site than on-site, Com~r~i~;F.;~o:],-~: ~{,~z~,':.>ck. The farm operation with There' s no way to get down to the natural his~o_ic' ~ drainagn_ patterns. Along that, water ha:; been forced iq, t.t]i.': north and then down Henderson Creek, kind o= -- not a very natur~.~ ::iLuaZion. John Bol: approached us when we did the Section 13 addition, if you would, and we've given him easementz that run the drainage along[ here, back down here and then point this into the spreader swale system for the bleeding into the wetlands. The same thing here, he asked us %o help. We are going to give~' him an easement, 100 foot easement along this side It will again, go down and then go into our spreader swale system where it will shoot flow into the wetlands to the south. So, basically, anything of environmental significance that hasn't been disturbed on the property is going zo be maintained as it is. The - - CO~ISSIONER CONST~TINE: Mr. Varnadoe, I know you need to get some things on the record, but it just seems like kind of a no brainer. If we are going to take 277 units off the books, we are going to improve the drainage, you're going zo protect the existing environmental property, and we are lowering the densities -- maybe I'm missing something, but that. i.:R. VARNADOE: Well, I wish I could say that everybody agrees with you, Comissioner. When I read in the newspaper the Conservancy had concerns regarding what we were proposing to do, I met with them. I met with them yesterday, and they do have some concerns. We have talked about the project. We've talked about their concerns, and I'm not trying to say what their concerns are, but they've come mainly for a precedent effect of violating the urban line. I think this is a very unique situation. I can't -- I don't know an~:here else in the county, and I 'ye looked hard, where you have Page 6 urban development beyond the part we are trying to add in. So, it is mainly an infill deve]opmonr, t~:~t' I'I1 quit now, t)~t; if I need to answer question:; raised by others, I'd like to have a couple minutes to do that. Thank you. CHAIRMAN }{ANCOCK: In the intterer;t: of time, as I'm readinq Co~issioner Constantine, I think tt~at's appropriate. COb~,IISSIONER MAC'KTE: Anct T ,~l~Dr,:'c:~,'~,'' ~hat , and there those, you know, general project: speciLic ~o this piece of properCy, there lot: of benef't'~, but'. m~. ~d~l iqat. ion, ~)bviously, i:.; to look at a broader issue, and the broader issue is what the meaning of our urban bo,indary line, and r;o, I will ~,,1t V(,~, l'm not -- I'm not ready to ficjht thir; issue Leda'/ b,tc:,:m:Je t.(,<l,~5' i:; m,-~,zly transmittal, but don't want my aqrc, ernc. r~t. t.o t ~;,n::mitt.,,1 t,'~ I)()A Jr;~nkly, l'd like t.o send it ttQ DCA and qet th,::ir c;o;nm,:.llt:;, ,~r](] t.~l,~:.':; ba:;ic,~lly going to be, you know, where I'm going with this today, but I think it's a much more complicated ir;r:uc, t:han j,lr:t' rhir: F.nrtic:ular pioc:o of property. So, I wanted to tell t!lat in 411 fair-nerss. CHA!FS[AI: ~{A;;COCK: ~{,.,:.: m;~:-;'/ ::F,c.;,kr.rr: do '::,'. have req~r;tered, I4r. Fernandez? I,~R. FERi~AIIDEZ: You have r. hrec~, b[:'. Chairman. CHAIPi/&N H.qJCOCK: Okay. Let's go ahead and go to public speakers, and then we'll see J.f thc. board has remaining I4R. FE~DEZ: The first speaker is Nancy Payton, and then Pat Clark. I4S. PAYTON: Nancy Payton from [he Florida Wildlife Federation, and w~' cl,~ barf. ccmc.:ernr;, anal w, Ol~t~,~::,. ti)i:; ,~mo~)dm,:nt t:~ th~2 (,[' 'c'3wlJi Management Plan. We do feel that it blurs the urban and rural boundary lines, and it decreases urban density while increasing rural density which seems to be the reverse of what we feel our Growth Management Plan should be doing, which is maximizing density within the urban area and then when that is built out, we look to other areas. Also, it sets a bad precedent to amend the Growth Management Plan for a particular development, and we read it as the market guiding our Growth Management Plan rather than our Growth Management Plan appropriate growth in appropriate areas. directing We also feel that it violates several of 9J-5's 13 indicators of urban sprawl, and those include; number one, promotes, allows or designates for development substantial areas of jurisdiction to develop as low intensity, low density or single use development or uses in excess of demonstrated need. There's no demonstrated need for this addition to Fiddler's Creek. Four, as a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources such as wetlands, flood planes, native vegetation, enviro~entally sensitive areas, natural ground water aquifer recharge areas, lakes, rivers, shore lines, beaches, bays, estuarine systems and other significant natural systems. Paue V ! ! I I I I i I I I I I I I understand there have been discussions with Rookery Bay, but Rookery Bay still has concer:'.:~ abo~t what's going to happen on that land and the impact on Rookery Bay -- CHAIPd4AN HANCOCK: You're not speaking for Rookery Bay today, are you? MS. PAYTON: No, I'm nc, t , ]H~ I ~i~t }~aw3 discussions with them ~,esterday because I ha~t h~,-,rd t-J~a~ ~h~',y h~d Hiqned off and supported this, and that wag noL ':',r.f iJrn,:d 7~:;t.'~r.~,~'/, :;~ I w,~nted that to be clarified. Six, fails to maxi::.iz~: '::;eoi ezi::~..ir,'~ public ~acilities and services. Seven, fakir: '.o :',;:>:~m~z~ us:,: ,~f f~:L~lr'rr pu})]ic facilities: and services, fails to provide a clear r;eparation between rural and urban ur;er:, d]::r:o~irar;,.:: ,,~ ~:.].,~}>~ :: f [ ] ] rj,../,'.],,pmr.llt', r)r redevelopment of existing neighborhoo:~:'..~:.,: c,~:g~nu:tJt, i<z:~, J_aiis to encourage an attractive and functi,~:,;,] ~:.lz ,)', There's no r, eer] fr, r '~:.:: land ar,':a in r.h(., current planning [rame -- time frame. Also, there are negaL~'.,e impacts on national resources, specifically Rookery isa,/ ;~n,] ':hr~ D~]t.r)na r:ons,.~rvation lands, and those include runoff concerns, r:ur!ace ?;ater discharge, pesticides, herbicider: anti the J r::;,]~: ,,f ~r.,,::r{,lii.,~ ,t,)~lt.r(,i . We support the county not asking for an ORC. It's not necessary. We will ask for an ORC, and by allowing us to ask [or an ORC, it allows the public 60 days to submit co~ents on this Growth Management Plan amendment, and we apprecJaLe that: opportuniLy and thank you for that reco[~endat ion. Thank you. ~4R. FEP~A~DEZ: The next speaker is Pat Clark. CO[~4ISSIONER [~C'KIE: i'm sorry. Wa:; that sta[f':~ recommendation? I'm confused about that. MR. A~OLD: No, I don't believe that it was. MS. PAYTON: It's in the executive sugary. MS. CLARK: Good morning. I'm Pat Clark, president of the Collier County League of Women Voters, and I'm here to speak for the league against this proposed amen~ent. In the past, the league has opposed expansion and continues to expose expansion of the urban boundary into the ag. -- into the areas of the county that are designated as agricultural and rural. We feel that this amen~ent to the comprehensive plan will do just that. It would allow potential development much higher than is currently ~llowed and does set a precedent. The league believes that the urban boundary and the densities that have been established should be preserved and retained as is,, and therefore, for that reason, we urge you to reject this amen~ent. Thank you. MR. FERN~'~DEZ: The next speaker is David Guggenheim. ~4R. GUGGE~';HEIM: Good morning, Hr. Chairman, co~issioners. For the record, David Guggenheim, president and CEO of the Conservancy of Southwest Florida, and I speak to you on behalf of our 5,000 members. You know that the Conservancy is co~itted to protecting and Page 8 sustaining our natural e:v,,ironment. A:: yet1 kno'.,;, we are gravely concerned with what hn~)pcn.~ou'~',_.~]de our urban boundary. You also know from our work on ~.'in Eaql,2:: that w,:~ are re,']listic and reasonable these efforts, but today we must stand in opposition to this proposed amen~ent because it seek:; to undermine the efforts that we hav(~ worked so hard to achieve, mainly the establishment of a clear, meaningful and realistic' criteria for development outside of our urban boundarV. comes at a time when :..',:. a:: ci county ~:re e3truqc~iinc: with rapid growkh and cominq tn term:: '...'~th h~,'..: d~.'.'c, ic,;):r:,.n', cr.:t::i~b~ ,.,;;:- ~Irb;',n boundar~f will affect our qua!iLv ,~: At its e .... .... enc.,~. ' , t":.,. .~':'.~]"~',.' ' :; ~r.::" ~. ,, :r:::~. ,,:, ';:i,~ i)RI beyond the urban boundary into t.~:,: :u:~i ;:o:':e ,::.:c,-.,'-dtn~ ,.:;,.. ,,:: five project's approval '...'o,;ld r~ilute the m,'z. aninq ,,f ':h,-' ~;rban boundary and bounda In addition, ,~,:::p:t,: "i,;i ..... o~. ,'i .... ,~;d the total number of ,]nits, i wan~ ':o point: o~lt. that you should consider the pOSS1Ol .... ' ' ty fha the ,,,.~ -'~.~ q,-.ma...]~o~ ~ arr~enit; ,=s- ' lard;er lots and uncrowded developments .miqht not support 6,000 un~ ts on the original 2,300 acres. In realty, it's very possible that the county might see a net gain of as many as a thousand units as a re~:ult of this proposed project. Also, the dec~,-~- in units in the original tract will not :- natural preserve areas b~]t rather more result in an increase amenities such as larger yards, lakes and golf course. We also believe it's unlikely that ~he nonurban section will be developed into five acre ranchettes or small industrial parks in tl~e future. We think it's probably much more likely that it would be developed as a nonurban PUD hopefully using criteria such as those in development beginning with Twin Eagles, and we certainly would not object to 277 units going in there using those sorts of criteria as a nonurban PUD. I'd also like to point out that there -- it seems that there's always a case to be made for why a given project is different. I think that owes largely to the development history in this county and the changes that have occurred. I do want to acknowledge several good points about this project. For one, they are restoring natural water flow to this area. That's important. Their development is taking steps to avoid impacting natural areas, about 450 acres which is significant though it does fall below the 50 percent criteria we've established on our nonurban PUDs. ~ ' Th_y ve also taken it upon themselves to involve staff from Rookery Bay and from the Conservany and others to get our input, and that, we certainly appreciate, and that dialogue, I think, makes us all stronger, but nevertheless, given the precedent setting ramifications that this project would have beyond the boundaries Of Page 9 '._~' , ' :,.' ~ni:: board several weeks ago, Collier County is now corJ. it~*~-,~ ,~, a landmark process by which we will work together to establi:;}, app:~.,p:-t,-~t,_~ criteria for development outside the urban boundary, cr~:.e~'ia '..:hich ultimately will establish model that we can ail i:'.'e '..:it~:, ,~:vl, therefore, we would respectfully ask you not to transm[,, th!'.; t [)~A b':t rather include this proj,:.ct. please, we'd be very int,~:*,:r:t,?d i:. 'k,.ir co:r.m, ent:]. I think w<. ,,?.*,. I thank you ye:5' . .... b~R. FERNANDEZ: ,.,e n,?:.:~ ::?'.a~',.~ , Ty Agoston. I,iR. ,~GOS' ~c', 3,~: c*;ood mor,.-,inO, ~]adi.,:; and gentlemen. I4y name is 'i~y speaking for my.ueif~. viewed environmentaiist~; a:; nora,> peopl,~: who really didn't have .... ' t~.e/ '..:er,:: looking for a cause Lately, i have ~o~:nd that they do have a cause, and they ale approaching it in stair (sic), and I don't like the cause. %';e see here, now that I've considered -- watch how government operates, v:e see them march here one after the other trying to persuade you with some nice sounding words protectinc3 the environment, but what they are looking for is what the lady from the Wildlife Federation mentioned, the infill. ~ have had the opportunity to read Sustainable ~erica Sustainable Florida, and there's a whole range of books that the Department of Energy publishes, and I have gained the understanding that the infill is nothing less than forcing the ~erican population within urban areas where they can walk to work. There is no automobiles needed. Their children are being taken care of or to go back to my childhood social utopia where everyone is being taken care of, all they have to do is forget about them being a human being. The design is for ants, not humans. There's no area for freedom. There is no area lot creativity. Either you do what you're being told or you are straightened out, and I feel that here we have a project that you're dealing with that is actually taking that extra step to avoid an attack from the environmentalists, was not sufficient enough for them to come up and fight them. I don't know just exactly how far a project owner would have to go in terms of acco~odating the environmental group, and I don't believe that it can be. I believe that they will fight any developer to the extent of how far they can go and try to stop the project because their motives are to keep the people in Miami stacked 20 high. At one time, I remember reading that if the rest of the world was populated -- the rest of New York City was populated at the rate of Harlem, you could move the world into New York City. Now, of course, Page 10 '1 I I I I I I I I October 14, 1997 you know, statistics could be pushed arounci, but th:2 fact of the matter is, that's what. they are looking for. Thank you very much. NR. FERN;dqDEZ: There are no other speaker:,;° b:r. Chairman. CHAIP3,IAN }{ANCOCK: Thank you Ih_re a~'e a cot:pie of things that were raised, particularly by I4.q. Payton, t}¥~t I -- ' just -- I have to shake my head at. One is failure t:,-~ mn>:i~niz,? u.%o of :;c, rvi~'or:. ~;,;..:, it's all in how you look at th~ urbar; .b,,,:r~,t;,r'/ ,~nct l.h,:~ l,'~II~":;" !'~ ~.h,? ~rban boundary this side and cri',,t~:r:: or~ ~.h,... other. ~;,,;n,~ '...'ill :~;:'~' it':3 a growth management, reel, a .r,r,,'.e,'~or o£, yo~ know, r;,,~ ,,]](;..:inel or disallowing use of land o:]_::~ ,.; .... For : }~r,r:~. ,~f 't,,,, ' ~, , ' · ' ' i,,,..,J ; ' '' . l~toviding urban urban type serv: cern; having his'her r],:n::it.~.,r:; in ~r] a~cra t.o provieic, t.ho:.;o type.:; of services. The ~ ~ ' ' ~ ' ' u~o~a.. D~'~:;~:~o'/ '~.,;~:~ .re,~]iy t~;:::,;<: on, not ju:3L in Collier County, but in the c.~r,..,~ b~anaq~rr~:~r]t: ;:~. , t:h,-. ;, '/ :)~-ov -- : ......,, ' ~,n t,i I i: ~,, . ide whoever has that p'.':onc, .' wan'. ir. o££. '::i~oc. vc, r -- thank 7o';. That boundary was ident'~fie~] for thc: purpo.~;e.~c of providing urban :]ervice~ and mirror the water/se':;er district line, £or the rnosro par~, with a couple of extensions. So, 5t depends on how you use the term urban boundary. Vie all boundary was brought [orward, and ~ive-oh agreed there's just simply no need for that. There's no need to extend the urban boundary to increase intensity outside the urban boundary, to increase units unneco.~;:;ar-i ]y ir] /in ,~rr;,t t]l/l~ Wr. ('/lllnot. I)l,,'/i,t,.~ :;,:trico:;. To me, ' that's what's being lost here, is the environmental banner is being used inappropriately. I have to agree with what Dr. Guggenheim said. The spot issu6 such as Twin Eagles, we need to have a method of dealing with those, and we have committed to work with that, but this is different in the sense that it, you know, goes into a nonurban area, but the property is zoned right up to that line, and the people who are 100 yards either side of that line use the same roadway, use the same water, use the same sewer. We have an urban area out to the east of it. So, this is not like Twin Eagles. This is not like the request to expand the urban boundary. It is an individual decision, and some of the -- the comment such as the fact that it would be disadvantageous or harmful to the environment of what's being proposed versus the agricultural uses, which, if I'm not mistaken, at least twice a year they flood it to drown out the nematodes and crank all the water do~m into Rookery Bay. The last time I checked, that's not an environmentally friendly way of using land. So, I want to make sure that we are dealing with the facts, and the best way to do that, in my opinion, is to transmit this to the state to find out what the concerns at the state level are, to get their opinion on those 13 criteria, because I wrote them down as they Page I I I I I I I I October 14, 199'; were being discussed by r4s. Payton and happen to disagree with much of what she said. So, let':; get the state's opinion on it, and then we can make a land specific zoning decision at an appropriate time with all the environmental safeguards and whatnot that we wish to citY,er incorporate or to deny the project because they don't exist, but that would be my recommen~b~ co~r~;~, of action. CO~4ISSIONER I~OR~.I~:.o ~4r. C]~airman, if you would close the public hearing, I'd make CHAIPJ.~N }{ANCOCK: ] ' 1 I ~'1~,:;~'~ the public hearing. CO;.E4iSSIOI~EE r~3~l~;: :;ir~c,.~ t}~[:~ i:; n~t expansion of the urban boundary, and since ,.}.i~: i:: n,~t ,, final ~],?~J::ion in any case but just a transmittal t~> DCA, f '::'. c~oin~ to make a motion that that's what we do. because you ' e y make '.,,:~ ~q: point ~.:r C:~airman about what is the urban boundary iJr,~, ,,n~ ; ~l~ know that it i~: essentially a line of where we are going to pr~/;ide urban type services, and -- but you ~have an advantage o-/,?r guess what I'm looking f.~r n~>~.., ~ · ' ~s what ~s a planning tool that would be useful in <:.'~;'"~,:.ng ;~ i~ne that ~-'.~ meanlng[ul' in -- here's what I'm looking for. I'd like tot there to be a discernible difference as you drive through Collier C~unty t.~at you've left the urban area and you are into the rural area. Very simply stated, I'd like for it to look different and feel different and to know that I've gone from the c~ity to the country, and to the extent that that is still possible in Collier County, i'm. looking for a planning tool. If the urban boundary line is not that, then I'm looking for a planning tool to be able to cause that to happen from a lonq range planning perspectiv6 in Collier County. If there's an answer, if there's an easy answer, I wish you would give it to me now. If it's something that needs study, I understand that, but I am looking for some planning tool that serves that purpose. If it's not this line, then I would like to see something else. CHAI~ H~COCK: I think with that workshop we have coming up doing goal setting and so forth, some of that discussion may be fruitful because it depends on whether you are concerned about the impact of development on the bounds of the co,unity or the visual character of development, because the impacts of one unit per five acres is the same whether the houses are five feet apart or 500 feet apart. So, I guess that, to me, I tend to look at, how does it impact the balance of the co--unity and density as a single best control to determine that external impact, but what you're talking about is a visual character issue. CO~ISSIONER F~C'KIE: It is, and -- and I would really like for there to be a distinction, and I think that a lot of people in the county have that expectation about the meaning of the urban boundary.. Whether they should or they shouldn't -- I hear people say to me all Page 12 the time, I want to be able to see a tomato field, not: that they are particularly gorgeou:;, })ut that you don't feel like you are living in I I I I I I I I I I I I I I I a big city, when every now and then, you can drive and see just open land. You know, so that: is what I'm lookinq for. I'm really struggling with this and wheth,-~r c~r no~ t:~ F.v~-.n t ~,~n:;m~t it because I wish we would study it under ~h,~ Twin Eagle. r; kinds of proposal about a nonurban PUD. CHAI~,~dq tIAIIf:C)/~K: i ~h~nk it ':; ,iift..:,.:~: ~ .... r.,,~:;,~ i.t'~; not a different own,.~ . Y,,,~ k~,,'~.,, iL':; ~,,L ,, ;,i.-',. ,}~.~. ir; outside of tile urban boundary, i';':: ;,r. eztenzion with think that's what m,,K,..:,' ' a bi.q. differe~ce. ~:'.: ..).. ~ : And I think i~ ':' imp.~rtanL to understand that the ser'.,icez ~r,~ already qoinq t}]rc,~q~ that property. They have COMI4I/:S!O:~EP ::')~'~.'I": Yeah. COI~4ISSiOiIEP I.:ACJ'KEE: What i.r; t-he n;:~m,:~ of tthat; Boye -- CF, .......... ::~;i., ! :; Boy~. " h CHAiRI.~N HA::COCK: Eoye South, COI4I,IISSIOIiEk 'v · iZ ~,~t-.t: : That wa u~.b,'.~r~, iL was urban be/ore, and then the piece in between ~here that we are dealinq wi[h today was taken out subsequent. CHAIPX.~.N HAIICOCK: Yeah. I believe water and sewer ~o out, and that's the one difference here is that Lhe water and sewer district extends out this far, which makes a difference as ~o, again, what services can and should be provided. You know, I think that's a tremendous difference, and if you look elsewhere in the county where we have a Water sewer district extending beyond the urban boundary, Mr. Arnold, nothing comes to mind for me. gverp~here else, the water sewer district mimics the urban boundary or is even inside of it. , MR. A~OLD: It is, I think with the one exception maybe of Old Florida Golf Course -- CHAI~ ~COCK: Okay. MR. A~OLD: -- and that's just east of 951. CO~ISSIONER ~C'KIE: How did this happen? If this is within -- if basically the urban boundary was urban services, what's the history then? How did this come to be outside the urban boundary, if, in fact, there are urban t~e services already available to this piece of property. CO~ISSIONER CONSTANTINE: Prior to '89. MR. VARNADOE: Mr. Chairman, with your permission, since I've researched that, can I just quickly C~I~ ~COCK: Quickly please, yes MR. VARNADOE: Yes. When we -- this was in the urban boundary all the way up to State Road 92. In '89, we looked at this area, and we said, we've got to do a Growth Management Plan that shows we can meet all the service requirements in the area. There was no plan to four lane 41 out beyond Greenway Boulevard ever in the state's plan. We had no overall drainage plan out beyond 951 and no money to do I Page 13 I I I I I I I I I I I I I I I I I I I a drainage plan, so we didn't have the ability to do the level of service standards and show how we were going to get there from }]ere, so we I etracted the boundary in to the Fiddler's Creek property, the red line, and we squared it up to take in Section 13 because that was approved, the Fiddler's Creek project was approved. Now, we are having one deve].oper come in that can do a ma:;teri drainage plan, take care of the drainage problems north of 41, but when you're riding out there, ~.;rs. ~4ac'Kie, it's very difficult for me to say, okay, you' re goin~ to ride by an urban development, you're going to go by one mile of farm field, then you're going to run by travel trailer parks and an industrial park on the north, Boye South with ESF-3 on the south, i mean, i agree with your point, but you're making a point for mc... Thi:~ in a very unique circumstance, and a bright line in my ,~,~oini~',n we drew it in the wrong place '"~, st~ould have drav;n it on the east edge of Boye South, not back here -- CO,'.2.:I.2SIONEE CON.~I,..hTINE: Co~missioner Mac Kie -- ~.~.R. V;:E:;;:DOE: -- but that is the end of it. -.(-,, ,,, _ _ ..,~.,,.~[Sf;i~:~E~ CO~f;TA,qTINE: a short answer i:: Boye South that '::ay prior to t:h,: ch,!~nge iii '~9. COI.'...'4ISSiOi,;ER NORF. IS: As was this particular piece, this subject piece of property :gas in the urban boundary. CHAIR..,--.I'; HANCOCK: This was in the urban boundary. I used to remember looking at a map that had a leg that kicked all the way out 41 to Boye South that was colored yello:.:, colored urban and then in , '89, it was changed, but the water/sewer district wasn't, so COM/.~ISSIONER ~.IAC'KIE: Just one more question, and then I'll '. hush, and that is, if Boye South -- is that a current map as far a:; how far progressed its development is? MR. ARNOLD: I think that's a fairly accurate map. They have' been making a move forward. I think that the Boye South developers actually acquired most of the single family homesites, and they are moving forward with development proposals there They've spent a significant amount of money reworking the golf course and approving drainage and facilities within that development. CO~.~ISSIONER MAC'KIE: Ongoing currently~ MR. ARNOLD: That's correct. COPE~ISSIONER CONSTANTINE: I think Commissioner Mac'Kie raises some interesting points, and -- I mean, from a planning perspective and a visual perspective, I think ultimately what we'll come up with in a workshop is both of thosc are important. I mean, we have to do the planning side, but I think we are being asked to do the visual side as well, and with the help of the Conservancy and others, I think that's where we'll ultimately get. I don't know that we are going, to get that answer nov;, but hopefully, that workshop is scheduled this fall and we can move ahead with it CHAIRMA2~ HANCOCK: And since this project has no additional external impacts in addition to preserving as proposed, every piece of wetland on the expansion piece, in addition to improving water management, I find it very difficult to use this hearing as a stop gaD' and say, let's not go any further. , Page 14 Page 15 ' I I I I I I I 1 PLANNING COMMISSION MEETING TRANSCRIPT FEBRUARY 5, 1998 I I I 1 I II I I I I I I I I I I I Febru,-~ry 5, 199R EXCERPT OF TRAHSCRiPT OF THE HEETING OF THE COI,I.,IE!< C¢')I]I~TY PI.JdLqING CO:.~:4I$$ION LET IT BE REHEHi%ERED, that tih,, C(,llier County Planning Coranission in ant: ~:or t.k._'. (' ' ' ' ;-.,~ conduc,,=d business herein met ~','llcii~19 ";"" o[ the · ~"~ the iollo;.:i"r' members Government Co:r, ple:.:, F.,::;' :.~p~,~:;, ~.'l,~:'~da, :.:: 1 present: R~:sse]] A. Rudd I{ichael J. Bruet P.~;:~;:;e].] A. Priddy Ed:,;a:~d J. Oates, Jr. :.~ichae 1 Pedone Karen Urbanik (.:a ry Wrage PRESENT: Eob Fc.}nandez, Cou:ity Administrator Harjorie H. Student, Assistant County Attorney ~'ob,'~''.. _,. _ J . ,.,~lhere, {~]r,-r. nt-, _ _ Planning Hanager Page 1 I I I I I I I I I I CO',.~.IISSIONER OATES: Mr. Chairmat',, c'<:,,~:ld we hear Items F, G and M together azu.1 ~.t~,~ '.',,t~ ,):~ t.~h~m CHAIRMA~ DAVIS: Yeah. St:al:f, r-~,~ld Vo:: provide us -- ~s that a good idea? MR. ARNOLD: Fc, r tho rn(',~rcJ, Wa'¥':v~ Arnold, Planning Services Director. Yes, we wc,~]d .... ~:,". '..:,',~]<t ,'~ .... '..:i~ rha~: and would prefer that item, I believe, M '~;~icJ~ it; .... [ .,~J i'..'e lan amen~ent, be heard first followed b'/ Mt'. ~:~;~,,':: j,r,',:;,-,nta~ ],~n related to the development o,d~_.r o, t}:~. ~';]J) CO~.E4ISSTO:~KR )~:~-,.,: :~,, /~: '~.',l:~, ,~ m,,t ~):~ ~(~ do that hearing first? C}{AIEM;J: DA'Il". '?,..:},. .... ~:~"~,,'~ of ::'..:'' '~ .... . .,.:a:':,/~ ?;h'l we just can't go ahead and hear !t~::'- :,~ fits:, a:.,] t,,k,. , },,.:: ]r~ the order as you suggested, ~.~r. Arnold. I'~. A?.]:O:.~: ~';G] :, '/..O:]:.r~ r.,~ ~.Of tl.~];~t procedurally, I think it would be preferable to ha'~,,~ ~.hc, ~-~,mprehensive plan amen~ent heard f'~:~. .... follow~-d_ by ':'~..... "o~'i::q, .. Unfortunately, in t::e mann,?: that our ac4enda :pically Lhe comprehensi'.'e plan a::encLment issues are placed near the end of the agenda. Unfortunatol'/, we didn't confer with our secretarial staff when they put this :ogether. So that s really our error and , ' . ~ailed to mention that at the start of the meeting. CHAIR~.UC[ DAVIS: Okay. COI.K4ISSiONER OATES: Mr Chairman fo . , r =n= record, I need to state that ! had a conversation with Mr. Anderson and Mr. Varnadoe relative to this petition I also happen to be a director and the treasurer of the Conservancy of Southwest Florida. And a week ago Tuesday, we came up with a unanimous motion not to oppose this particular petition. CHAI~ DAVIS: Okay. It's on the record. Any other disclosures? I had a brief telephone conversation with Mr. Varnadoe but it was more procedural in nature. With that, that brings us with Item M, ~.ir. Arnold. MS. STUDENT: Mr. Chairman? C~IPJl~ DAVIS: Yes. MS. STUDENT: I just want to state one thing for the record. You don't need to make disclosures on the comp plan amen~ent because that's legislative and not quasi judicial, so I take it these disclosures were made for the other two items that are quasi judicial, that being the PUD and the DOA. CHAI~.tA2,! DAVIS: You are exactly right. MS. STUDENT: Thank you. I just wanted to clear that for the record. Thank you. C~IP2,LAN DAVIS: Mr. Arnold. MR. ARNOLD: Thank you. This is a proposed adoption of a text amendment to the Growth Management Plan pertaining to the Fiddler's Page 2 : ~,~.uary 5, 199a Creek portion r>'. tho ~.,~" roe Shore:; PULP. County Co~ni:.;r;ionc. rr;, which t:hen t:ranr;:nitted it to t:he state. We have. beo:~ i;~ ~',:ceipt: o[ t}m~ Ot)jection Feco:~n,~ndation Con~ent Report frora the State Department of~ Community A!fairs and they had one object, ion t.c, thi:; plan ame~wlmonE ar; it 't:a:; p:'opo:~,:d. They had severa~ c.o~,._nts reiat:.ed to that three o~ whi c:}: were related t:o sprawl ind!cato'-r; ,~:; ,!,:fined ~lnd,:~:- thc, :;tat,,:. 9,1-L reallocati~xq so::.,~ ~f it.:: (,00~> -.':.:.tod dw,..lli;;q uni'",.., to. areas outside our urban bo~nclary. The area t'hat.'z hiq}~] i~:h'-.c.d i:~ r',?d cross--hatching on the [nap '.,., you: 1,~', t ,~n Ih,..- - ,,:: ' }w. },,',,~td ..,,yre~-;ents_,, that acroac~e that's pI-,0p~,:;,.d ,~, }>. ,Iri,{,:,i 1.,, '}~,, Fi,'bi!.': ':: c7: .... k D~;i ;l:ld PUD, bi.It it's air;,, ti,,. :":i,i,.," ~,~ *],,. :..:.:~ , ~::.. .::, i::, .r;' v.'}.i~'?. '.,.'o':Id re~erew:e that those 6,0qc~ ,:nit:;, al :cad'/ ap!'~:',_~v..~d can b,~. :;pr,7. ad int. o this area o~ the county. That arc. a i:: o:],."id,: ~,~: c~:'~'o:~t. ~;ri)an bo,;:~dary; however, I would tell you " .... ;, · , ,-~c.,-:.. , .... ,;. :z o i'~ ~,':r urban boundary and it s still currently .... ~=-'- h,: o~;n ..... :'~ ;.:,-~:,.,- and ~:,%.:,='" ~,r~,-.,;ec~ district boundaries. Again, '...',~'r,. d,-.a~i-~,. ,. ~ v:5~;',; ~:: i::-',:,-,.. _ ,'5'o',,,., 'r': a:5pro:.:imatoly 1,Paq acres anci we ai-:~, ....... ha-.,~ ,;~.a~,~._.... '..:i " ;'._.. th!-.; ~osue~" be'~o.~o., related to of the ~ssue~; ..... :,. '.-o ' :'aSr;ed previously And ! _.:,,,~. what i c: ;:~:<: to do is -- ms maybe initially ~etor t~ the text ~"~,,c._ >.-.?'re,_ proposinc: and :point out that there iz one t~o~raphica] error ;:: th,~ propc, zed te:.:t., which _ , .. ~:~ in the -- tho second to the last sentence in the underlying text, the word jurisdiction appears, it should be jurisdictional. And I would prefer to go ahead and change that language that we would forward to the Board of County Co~issioners. And, again, the language provided to us from the Department of Co,unity Affairs is provided in your packet. I would just like to su~arize that their objection again was based on three of the 13 sprawl indicators. One of those first indicators was that the plan amen~ent promotes, allows or designates for development substantial areas of the jurisdiction to develop as low density -- low intensity or single use development in e>:cess of demonstrated need. And our response to that i.c simply that this represents less than one-tenth of one percent of the county's land area, which does not' represent in our opinion a . ub.,ta,]txal amount of our jurisdictiona~l areas in the county. And, also, we would respond to that that we're adding no new dwelling units and, in fact, we're reducing in the county's inventory some 277 dwelling units on the subject property. The resulting density decreased for the entire project area goes from about two and a half units acre down to 1.6 dwelling units per per acre for the entirety of the 3,000 plus acre PUD. The second co~ent b7 the Department of Community Affairs was that we needed to address how the amendment might fail to encourage an Page 3 I I I I I attractive and £un~': it)hal mix ,'~f ~,,.~;es. And, aqaiz~, ,,,;: :,):;t~::::,., i:: rt,,r:~:n,_.~:.,~rt in t.l:~: :;t,,tf :'C'l)Ort bu~ it essential iV crc~or: 1,, ' ~, . ,. . c, :;~cn.:inq ~hat :hi:-; i~ t.r~:ly a mi>:,~(1 project, it c:on~,~i:~:;.,~.~,( ' ,,::fy F,,~)00 ~ (h,:,.~lling units but 130 acres of co~ercial use. T"'...'~]l ~,'~v,. :~,.lqi~br,~,~ct and maybe (~ven t:o ,~ level, subregional l,.v,,l, ':'.,,;,;,ir,,~ f,~,'ili7 i,,:; ~,,c,~t.,~d witt~in the proj~,ct boundary on it:; ,,<i~,,,'..:~, ;,~,,;-.~ i,.:; ,~ :;,,,Lc )~oad 951. Also int,..r;;.~. ' ~. '~." ;~:',j,:,"_ ir; ::,,:L,. qfi,000 :;qJ,,re feet of club area that '..:ill off,'.~ ",,r;v,.ni,.:~',. ~',,mm,.r','i,,1 :;~]r~p[~irlr;, r]ininr[ riHrt Another :.r,d~c.;· ,,~ '~.~, ,-~r. ~;~ z,r~. '..;j[3}lr'~] ~l:; ~r, ;~rt,~r,~f;:; [~1 detail, wa:.: t~,~ o:~,. ,.~,.:' ::,~./:. r',~:;ulL:; i~ poor ar:r:r~:;:;ibility linked or rel,~,,~d ':::,.:'. Arv~ T ~.~i:-~k .~..)~.,~. wv.'-2,~ trier] t~r, r],~ l~.'z,'~ show that: -~ c,r: :.!,,. :'.,~:, ~,, ~:,. i,.f~, ~)~,,~ ir; :;,~t ~,~ r~: ,'xi:;t ~I~q land use scenario for ,-:;... ~,,~:.L:.c.n of. '_.~e ~, ~ ....~. I.t. highliqhtg on the upper portion of ':'"' ... , ,-.,,: :::~,p ' ~" I,elV R,:r:,~:' DRI. The,.,; ~-c,,-,:,-.r.t_., ..... i'~: ' ~:,,' ' :: ..... "' ',.'" f"~,,'~:' 9'~l ~,rvt lJ.(:. 4], t. lu~ ~,z ,:.a let me step to thc. :r:;:].,, . , r/art . Shores/Fiddler':: c.;: .... 1.: [;;.:. 'Fo,~ :: .... th,. ,,Lher ar;soc:iated and,~t's a''_. ..-:.;: ':;' ' :":; ' ,>'i, ..... :".. ~....'anr! urjr-~ cie:::.;ity range categories. ,.,,." ~-,ei.n,: :t?,,', ::.::,j~.c:: propert.y, '..;,-."/~', high]iqhLed ,,rear: the urban bound,~ry, '"' . ..,:;ich are essentiall. V these And it clearly shows 2hat hhere'.z a pat:t~:rt:, including the Boyne South Counhry Club, associated mobiio ho:n,:, development, recreational vehicle park, industrial proporL~/. ,'cm=zercial properly and other dwelling:;. By mb' court: we kave 60~ platted lots for developmen~ ou~sicte the urban boundary beyond Fiddler's Creek boundary. The to2al dwelling unit count, if I include some agricultural areas that are i~ediately adjacent to this property to the nor:h, south and east, I come up with about 1500 dwelling units that are permissible under today's plan. I think it also needs to be said, rela~ed to that criteria, that this pro~ect is about two and a half miles from the activity center at State Road 95I and U.S. 41. We think it's -- it's really not remote in any way from -- from those services, it will be served by urban services. It's also internally linked, if this area is added, to the existing Fiddler's Creek project which has obviously a road network that serves the pro~ect. There are no new project entrance points that will be permitted with this amen~enZ. We believe there are environmental enhancements that accrue because of some regional water management benefits that can be gained by some easements that are being created here and additional water management features that will be coordinated with the existing Fiddler's Creek project. Those essentially in .-- in a very short time deal with the substantial issues raised by the DCA. I think a couple of other points I needed to ameliorate were that the language here does not permit more than ten acres of wetland impacts on these some 1300 acres of land. It also says that: no dwelling units will be located in Page 4 I I I ! I I I I I I I I 12At. approximat:el'f ~,()<:, ,~rtr,):: ,)f. that. sito. '- .... ' b has no impact: ~)~ t.he t'~ ' , t;,,)~ic facilit, iez; in the .... -.,r.- There :, no incl t.a..,,., itl county. 'I'b,,t,-. ,~e ,,( level o[ r;ervirTM . ....... , ,,~,-,-~ ' · no impact on the populatLon that. r'.3r4~kt:'¢ from Lhis :;o t.t .... I think ail r.h,'~r~,~ fac:ttor.-:;, c:ombi:v'.¢i with our review of the sprawl Development: do~:,.::p.,:.Itt. ,~l(t itt:; t~:'opor;,"~ci ,-~::-.,'.:td:2ents, 2h(~ Dill anti issue that ..;,, ~,-., 1,: ' ' -. ,_n_ ,),.~, ::ho'~. , o;)-ject to b,,::,,: .,n the .,prawl indicator:; ' t ?,ink ~t ':: ,,I:;,', very importtaut, t.c) l),~i:tt, c)ut that t}~ts really area an,i ...... t,t :,',f!7 ,.o t'.,.lt ./,.,.; ,~.. :;,,n':tb,:n ,~r,~,'~, t. hl:; area was [ortu, tt :'/ -:,',;'' .... ;', t;~,, ~ ~lrb,:]rl b,.,u~t(ld~ i,..:; i:'~ ]r~g. who~l our now comprehen::iv,-. I,!.:r; '/:;," qoi. nq throuqh t.h<- adoption proces::. That boundary ',va:: ~,.' ~,:,::.,'~,! and pulled back :,, :...?1,~t.'r: currently the Fiddler':: C:,..,:k ,::,:.~, .~nd Lh~t area 'z,v,:: [,laced iIlt20 the urban f. ring~. That. i ::::';,- v:,,:: w,.i] d,7~k)at.,M at t.h,. t :.:::,-. and --- and I think yo,: previou::iy 2:,:'...' -',~m,: ,~i the transcript:: ',f t)'.,)se r~eetinqs and some of the document, a' i.-,:, r,t,',vided during th,'~ r.r,~:~::mitt:al hearinq. I think again, Vou know, urban boundary is not necessarily point-, at which urban and rural begins b~:t. ir'r; really an issue of services and t. he services do e>:ist here. The patter:] of development _ ~, projec-s that. are already i~: ~.herc-. t'l~ have hiqher d:,nsity surroundzn~ t::zr ,:t;eczfic project proposal. I think thai'r: really all. t needed to address as parL of the presenta"ion ' know that Mr Varnadoe has several co~ents that he needs to make, and he also has some -- several experts that he has prepared to answer questions. I'll be happy to answer any questions that the planning co~issioners may have. CHAI~4AN DAVIS: Questions of Mr Arnold? Okay. Thank you. Representative of the petitioner, Mr. Varnadoe? MR. VARNADOE: Thank you. For the record, George Varnadoe. I'm going to go ahead and address all three, if I can, at the same time, rather than piecemeal. CHAIrmAN DAVIS: Yes. MR. VARNADOE: I think that's more appropriate. MS. STUDENT: Has -- have the people -- has everyone been sworn then? CHAI~ DAVIS: No. I'm terribly sorry. Thank you for reminding me. Ail those present, that may want to speak on this petition, please stand, raise your right hand so that you may be sworn by the court reporter. (The witnesses were sworn by the court reporter.) DAVIS: Thank you, Miss Student. I'm sorry about that. CHAI~N MS. STUDENT: For the record, Mr. Arnold didn't need to be under Page 5 [ I Ci{?:iRMAt. I DAVIS: Yeah. ~.4~n<:,? t-.h,', ...... ira~m','.:: ....~'..~. .:,r ...... IUDE[II: i CHAIRMAI.I DAVIS: -- ¢'ert. ainl7 I:,ert:air~ to MS. STUDENT: ~- r:ertifyin9 l'.hat:, then that ':: approp~ ;,ate. CHAIRI.Q',,N DAVIS: --- all tho p,:,tit:ion:; here t~,day. Land Holdings Joint '...',:,n~.u.',., t-}~,~ ,'t,.vel~p,>:' ,';f Fiddl,...,"r: /:l. so hr..:',.: t,/!.:'/ ',, ,~,irt,.,.:;:: :.}~,. I'l,,.':::i:lq (~,,::::.i:;::i,,n, I h,v/o .... , . , t,,- land Michael P. edd, who':: ,};,', pr,,::id,:.n, of T,..~.:~` i'l.,r; .....~ };"V ~:~" .... plannerz [or the Ste-/e M~,an'; and ::'.,la~" Mill,.r ,,f tit,'.- f;~rr: ,,'. ;';il:;on Mi;let, . , · , ; ..o; · ,,,,,~ - lting · ~' ' :,'"" :; :i'~'/': ~.:"::': ,.,i'-' '::i · ·: O:,I,t _.,L<]l COIIiiU ~arto:', a,nc: ;.'et.k, '5~,~,: ,..,: . , work on the projec'.'. /::.: M:.'. Arno!ti '._old '..,,~,'~, the proposal i:; to ,.~c!¢i 1, 3a5 acres of' land ,~, 'h,- Fiddl,',r'" r'r,'.,.k pr~,5~'"' b::t' n~, nc...,; ,~nit::. Tho area to addeci is ::ilo'..::~ ir; ';,.,.. ,,,_.=ia', ir,. ti:i:; r'ed :;trip,: part of Sections 19 and 2~' ; i;/.:.g<,r'an,. '.<, r,i.r:oqnlz,? .... : ..... Arno,,., poir~tod out that we ...~.;..~ .... "'~':" bo:.:ndary ]{~r. ?;c. a:.~. simply addinq this ' -"' .-~'.'~s%ing .... e'- la:: co.?:nunity so :..o're not propert7 :r. tc an aire-~c~ ..... ,,,a.~_. p , .- · ,-- I-. ' ,"1 -- ~' · moving' t'~- .~ou..dury further east As far as the development order is concerned, both the Regional Planning Council and './our staff recognize this in a nonsubstantial devia t ion. ',- far as the amendment to the PUD, the only changes are to add the !, 385 acres and there's one change I want to cover in tile mastdr plan that occurred since we filed our petition. I'll cover that later. i think the change is best summed up by Mr. Nine and in his staff report where he says, although the proposed addition of 1,385 acres of land to Fiddler's Creek is a significant increase in the size of the project, considered from the standpoint of its environmental and regional impacts, the change is minor. It does not constitute a substance deviation. The portion of this additional land that will be developed is already cleared and has been used for more than 20 years to grow row cop -- crops. Excuse me. The additional acreage will be used for residential, golf course, open space, lakes, parks, and The 6,000 residential units previously approved, the infrastructure. Fiddler's Creek project will not change. I think it's important to remind everybody a little bit about the history of the Fiddler's Creek project and the history of the area we' re seeking to add. The Fiddler's Creek project is -- for those of you who have been on the Planning Commission for awhile know, arose out of the 1980 -- early 1980's Deltona settlement agreement whereby the state got some 15,000 acres of wetland and Deltona got the rights to build some 12,000 units in this area. 9, 110 units were allocated to the original Marco Shores, now Fiddler's Creek project, if you would. Page 6 I I I I I I I I I I I I The-- .o'"bablY- im:~or'Inn~, a;s,, ~, .... ., ,.o ',~, and '",;'; ~" iety, .... .',,,,. :;ignato~ie:; t,, t.h,-~t Since? that -- that oriqin,~l D}(i '...'~t:; ,~i)p:-~'.','~i for I.larc,, nov: F i,kt.i ,~_ r ' :; Creek, and the ..... the ',_,]~s ~ ; de','e i opel took ove~, there's been a trend of reducing densiLy and adding ].and. ;did '...'ithout going into a lot of detail, i've got: a little ch,~rt I want; to !>ass out. ..,",,,':erie,.,... would you l~el.p me with ::hat, :~. ,ed::e? i'll pur it into t~he record. '!'h,.~ ::umber of uni. tf; ,,c~.. decr,_.~:;o,; ,//e. t-:l,-, y.?ar:; ~ro:n 9 i.1O 6,00',';', a de,'r-ease of ~, Ilo,. ~:nit::. :";~i:,,... , ~ '...',.". .... ~dd,~d 2.,000 --. ,,:.'~-t~,:,,. . me __.., (r.;.. ,tCFeS , t.h,t d,~n:3i t '/ h~:; ':r"~'t... f ,'(,'r.. , :'.. :~, :Jnl ... an acre this p:'opo::al t:o I .;. ']Ilia.:: an ,~cI,'. · . .,: . ' ,.-.rll,r.,i( · The: '...'[i~ also :}e ,~ ,,: ..... ),1 i:l th<, t'ota' :;umb,:r O[ UIlitS that can be bu:~' ir, the count:'/ as a reault of this change in that the 277 units '~;.'....~. could be built ~,'t.. '-~h_~ .,~': :~5 acres_ un<:.:'-.~ the existing zoning of one per ':-.,,-. ac:e:: '..;ii] be eliminated. ,:'-,,; .... -.,:,. r ;,.,h,!., . y .... ) .... ',~ .{ -"-,~} ...... --" ~ '~,_]y" _:o::; - '- ~,,'. .......... ,' ...... , ,- r':r.._ persp,?,:z i v,.~, ' i.f ~he goa~ ::: ~o red'ice bui!douz_.:...~.d~ .... it'/. in ~_.._ co':::t:'/, y,',~:'r<~ ttakin~. 1,385 acre::: out of the inventory [or the future. "~,~re ill be and more As w.:- all know, as time goes on, ~,,_ w more pressure to develop this land at much greater intensi[ies and densities than we re talkina about so i think '-;- ' ' . , ~nat ii that ~s a goat, then this -- this is going the right way towards taking this out of the inventory as opposed to having future development proposed this at a higher density. As Wayne noticed, in this area, until '29, this whole corridor out to the Collier Seminole State Park was in the urban area. And during the '88-'89 comp plan amen~ents, it was removed from the urban area at the urging of planning staff; namely, Charles Gauthier, who was director of long-range planning at that time. The reasons were mainly concurrency driven. Number one, there was no management plan in place for this area and no money to implement one if it had been in place. Nu~er two, there were concerns about evacuation of Marco Island over two lane then county road, now State Road 951, particularly with the 12,000 units that had been allocated to the Marco-Deltona settlement agreement. However, everyone concerned recognized that this area would be ripe for development in the future when those problems were addressed. Mr. Gauthier said in the growth management process tail section, that would be referring to the corridor out there has water management problems but it will be suitable for intensification after improvements have been made to County Road 951 and the Watershed Master Plan has been developed. As you all know, both of those have occurred. State Road 951 is partially four laned and the other portion is to start this year in October. The Watershed Master Plan has been adopted and this project is a large part of the implementation of that plan in this area. Page 7 As Wayne told you, there':; sore,:, ~1" a~'re:; either nort:h or east of this proposed land addition that a:,, ,~:t. t.]i,.~r<., ,,ut~;i(:,: the urban area, that are zoned for other t. han agricultural I4y count, it's more like 2,00c: ~nitr;, wh,',n you count, the mobile home units along with the residential units and the RV slot::;. But there's a ~;uk, stantial amo,:nt of d,%'.','.]c>p:r:o:%t ,~,,:t:'~id,? t.h,> urban area east of and north of this prop<-r:",' and the :'eazo:: is it. ,..:a:; currenttly -- it war; for:a~rly i:l tier. ,i~[),'~:t ,,~,,,,, ::,, i' '...',,:' ,~io'~:,:~ to (tovelot) The one chanqe t ',:ant t,', nc, t-~. ,,:; t'hr. :r.,"~::~.r.: [,lan, ' ,.hink would be best pointed out. by tel'e:: i:v~ *.,', ':h<. ,.:.: f ::'. i n,: ,.,pproved mast:er plan, which is the :na:;,-.er pla:t ,,:: t}~[:; r.. r!i:;q'i:-:[-;iot-~:-; w:";', 'h,? (',', .... ,.t'.'.,tt~".' *'"rI":~d['"r: 'h'' r~ro'ttt:.h be of center:t, the q'a,~st; ~:: ~:;::r.. ~;:',, '..:,>l ' , i [ .:,,~.1 ': ,--. ,lri<!i:lcj 1 , 3R5 profi~r't'_.._ "~-'~..~,. you could ~,.~r.~_.:,:~¥._. in addi',.ion to wha'., yo~: have. already preservedv. We had 14kc 493 acres, i.s there mc, re ';'-,'~,,¢,.., you could actually preserve? We looked at it, and the one ~:,rea that jumped ]mm,3diately to mind i.s what wt._ ca~i ,-~c-..,_ .r~eninsula, ~'r~i~'... ... a~--'...:~ here. During tke permitting process, that was el some concern to the U.S.Fish and Wildlife Service and the Florida Game and Fresh Water Fish Co~missi. on in that there is some uplands in there and also some wetlands that --- because of the settlement agre,~ment., w,_. wore allowed to develop, but that mosaic of different t~es of habitat are one of the few places in that area where you do have any upi. an,t:; to give different t~e of habitat. The sum and substance of it is that we have agreed not to develop will either be deeded to the state or the peninsula. That 63 acres placed in a conservation easement to the state. You can see on the new master plan, that area is now green for the conservation situation. Also, on the new plan, and you will probably see it better on the aerial photograph than anywhere, the areas that have not been disturbed by farming will almost all entirely be in conservation. will be some 450 acres that will be in preservation and not developed. The development will occur only on the already disturbed land, the farm fields. Like I said, 450 acres will be preserved. There is 575 acres in addition that will be used for golf course, open space and lakes, which leaves us with a little over 350 acres that will actually be used for residential development and infrastructure. For those of you who like figures, about 74 percent of 1,385 acres will be in some form of open space. I've got the boys from Wilson-Miller here to talk about the environmental question if we need to, but let me just su~arize it very, very briefly. 12/ 1 Page i think the bottom line question is, will this area be better off from an environmental perspective with our addition of this land or not? And I think the question is, undoubtedly it. '..;ill be better off for .~l~3';erd 1 reasons. Firs,~, ar: i said, t~h,uy'r',, qoir~q t.~ b,~ t>~.,'~se~ving ~11 the natural areas and the 63 acres that constitutes the --. th,-. - woll, like 63 acres ~:hat constitut,~:; t.}]e l)Onim;ul.~. Second, as you can see from the mar;t_'er plan, '::,'. arc. continuing the spreader water'::a,/ or sr~read~,~ sw~]l~ syst.~m oil the southern boundary of ,-~ - ' ' - .... ~': property or the southern bo~]ndary of the project, that we arc. --- pa:-t ,~f- ,he project ',..'e are developing, :'ath,:-r, anti that separates; forms c)f b:;ffer or barri.,r be :ween preset'ratio:: ~,,.:_,~:::. ;,,pm,~t and the That als,., '- th.it' '.' ~,-.. · · "at "'a"' l:' 'In ad'iitl°:' '.'~ '-}," :'tg,,lar wa~er .. ,a,~.,. is at grade so that as ' }'," water frORl ,.h{. Wat~.:' managem.-:n r:yr; ..... "' :' ' that .... r-~r:~.l ..,~t ..... ~:., ,t: will tken -- can sheet flow into the · ~i~- :a~; ..._ .~.~.. .... ; .-,:,.: {:oe:: into that, wetlands, a much more normal discharge than you get with the pumping operations from the current farm opc. rations. We are halpincr ~.he co,:nty irnn],.m,.~, :.h,.. ?.'.~, ..... I said. ?;,.. a.~,: .... ...'e have granted an easeme:~t eastern "Jde et' S,--~'tti,,nr.: '~ - ,, ,~nd 19 t.~, }~,~lp M:'. koldt. ~]ow the water south and southwest as opposed to pushing it back ,:p to tienderson Creek and down into the Rookery Bay sanctuary. That -- when we do our development, that discharge will go into that spreader swale system so [hose waters aro.., all sites will al. so bleed into the wetlands as opposed to bein<~ p~;nt discharged into the system. ' The project will stabilize the ground-..,,~,_er , ~ . ..... ,_.,1.3t(: and more closely approximate historic conditions. We will also control the hydro periods around the existing wetlands on -- in the development parcel so as to better protect those. With that, what I'd like to do, Mr. Chairman, is turn it over Michael Redd for a minute to talk about some of the features in the plan. One of the things that did no~ come out in the DCA co~ents were the features of the plan, how they interrelated in the functional nature of those. They looked at the Growth Management Plan amen~ent unfortunately, that we think in a vacuum and did not -- and also consider the notice for proposed change the development order in the PUD document which they should have when you put them all in a package like that. But I'd like to have him cover some of those features for the record so that we can have on the record going to DCA. Mr. Redd, as I said, is the president of Team Plan, has over 30 years of planning experience. I think he will be able to convince you that this is -- there is an attractive and functional mix of uses in the project. There's a good interrelationship between the residential and nonresidential uses and those uses are linked appropriately, and that the addition of this land will increase, enhance the quality of life of the Fiddler's Creek residents. So, I would like to put him on, if I could. Page 9 CHAIRI.I;d4 DAVIS: Please do. MR. VARNADOE: I.lichael ? MR. REDD: For thc, reco~'d, bli~'i~,'t,~,l E,.::dd o! Team Plan. This is a bit I'd call t.hi.~; ~ c~, ,'-' -- , ~.,.-,1. c planning application =,~c, a design of a mixed since we're designing a mi>:ed use c:ommuni'.'; e' : use community is not just an e:.:pa:l:-:i'..',? h,,':::!nq pi~'ked lip and placed down :.omewhoro. It. :; (.lot t.() t~a'.,,2 ,,:. ~,~,.:,~_,.ional attractive anti functional mix of ~;q,.q. ArM w,, b,'.l i,.", tkat ' .... · :: W~l;lt: '~:f3 have. I,ot me e:.:plai:i ::,,m,, ,,f t}l,. m.,,~,,: ,.l,.:.',.r,t::; m,',:;t, er plans are simply composed of tk.'. maj,-,r ,.1,.m,,:;t:- ,t:l ~ })'"'Iii1 ',.:~t.h t}m- obviou:;, which ~s 6,000 dweil:,',,,~ ~ ,1. n,; t.:'; sp~,?,,,~ ,.v,.'. . .... u entire area of the project. These arc.. '.','~r[,?d houni:w: :,:'.~,...'; ,At t,,cher, l, detached, pretty much the broad spect~.',::z ,)[ Obvir~usly, r,,~t "~r'"ll,~t ~,,:t ::T."'"' :: ~.. :.,,, ~,.,,r~ ::,, w~,[1 but ~.,n,.~ the things we Like t(, ok, i:.; Lo c:.e,,t.,. '...'h,':t. '..:,? call ~: loop road boulevard. Loop roads are a way to accomplis~ ~.~ number o[ items, and links all the ne~ghborhood:~ but i~ "~', ....... ~ ...... allow any throuqh tra[fic to go through these local, neiahbo:.'k .,.,,'ir~ ~' linkr; all ,.h~ land , without ~'-' ; ' ,~.':ng to bizecr, any of :}:.: l,~:~d uze:: an<.: it linkz all the recreational areas similarly. We have now fou-' aolf cour:sen:, a .... - _ ,_o~.~ o[ four golf courses, on the entire project. In the center of the project at tile in[ersection of the two major roads the two la~f ~'~ je.~ roads, we have what is really the nexus of any co~munity. You're going to have a -- in any viable co--unity that's got an attractive lifestTle to it, you need a center, a town center, if you will, and we call [t our comamunity center, club -- club facility. And it is a 60,000 square foot facility and it's -- contains number of cultural and social and recreational items. It has rooms for social gatherings and meeting rooms and fitness, obviously, and it has outdoor plazas and open spaces for civic events. It might be a Fourth of July celebration for the co~unity or the Christmas pageant. It's also located on the main pedestrian movement system, which links the entire co.unity to all the neighborhoods and all the recreational facilities. It's a very large pool, 10,000 square feet. I think that might be the largest pool in the county by the time we're done, and has bars and restaurants and nighttime dining and so forth, arts and crafts room -- rooms. Another of the -- the fourth element of a viable co--unity, obviously, is a co~ercial component. And a community of this size is demographically going to drive a demand for about 420,000 square feet of co~ercial. A large measure of that, probably close to 90 percent, is served on-site between the two areas on 951 and 41, two co~ercial areas, and that -- that will serve about 325,000 square feet of the total. One of our clients -- within that 325,000 square feet is what we call a neighborhood center demographic demand. One of our clients is Florida's largest developer of what we call large footprint food shops. It's the Publiz or the Winn Dixie. They're now approaching Page 10 45 55 CS0 sr:,.:are an attendant 100,0OC, square foot' ~: :;,', t~t.~' wq~';'.'~ ':rtr'.'(t the primary But there's also a secondary cnmm,-,rr'i,,i u.-,~'d, th,i- small things, ;... :. ,...]~ v,,~, 11 have a lot and that'n al::,, n~-.~v,.,] ':;~th%n th,, t-,,::.:u~:~. : .. .... of retail opp,~'.,]nl' ~,.:: .~ ,.h,, ,'1,:~, ,'.'.:~'.': , ,=' , ~.,. ,;,,~ ~]~b, your pro shops, dining, b,?v,'..~,,': .... :.:l~,.~'i,.~,',,:: ,,:,,~ :'., :',:'~ - We-- ~r._.._ [i~.~..~.., ,.]<.ment ~[ th,-,.:,.~:.,,.,, ~,'.,:. '" '~.q:,,' I think is a ,, '' , 'hq ,t.., backdrops very lo';ely lake f:':':; .m 6,~,~ a,.rr.,: ,,ii ' ''" '~ ' ' for the cr~mm,,n", it'/, ,~ .... :hq in man'/ ,:,,::,,:: .,.- :. ....... . :' [,,n,~! ~,pport:unities . ~e also~' p, co[:)o~,~, ,.,~ ,~ ' ~q;:,~,' ,:~':rtt~-:~ '...'i' ~ · ' ,.:,: : ' ~',~"',, t~; i ~'12t 't:;:n' ..,-, ,,ddt,::::: for a . :.. F,",F''?.' /',i'"- ',f '.hr? advantages . t; .. ..>:...~ .,;:;,~. it' ':~ a -- it' of going wit?. ';-,'. ".,::',.' :,lan ha','i:',~ sort of a pla:tn,-~r':: 4:,-:;,::. qorne t.~t;,~ ~ .... ';~';.t,, ';::'l,*[ i'/, th~: extra land, ~ ' . ] ..... ~r. t ~l.";:~': '.o r'=,~m "ix pounds we're ai'..:ays 'iqe;t:r/: t.~e ::par:,: '- .... ., . . nails in a fivn--po,;nd ::ack. And thi:: .- c,.:-'ainly, we ~ad ~.:~;,~: '...',. '.-i' '..;,.,:~ a really gooct plan and when Vou':,: q:'"':. ~ :" r,x'r,.~ ],'~n<f :' :'.:>,.:' ',,' ,, re,,lly nice co~72~J~i %'/ ~i?l;~' i :~ - : ' %...;tf~ ;tr~ ~'~:tr~,',r': ,~ ~ ' : ' ' to nave t?.e ,::.:' r~.: ...'.::'. t,., ,:ccompli:.:~: .: m,..~:.. ::a,': ',.,.~ it al ..... ' ' ~ ...... some of which i a'ready mentioned. ' The fir:.:~ o:f, and I'll say ir. aq,",:n, and '~..:'.'r: '.~:dt density, dow~ ,_0 ~ D° or ~ .,r,~ _ . u ~ .-, , ,O,,~.,iy, ~ .6, down f,.~,~ -:. If you want tr, look at a rule of thumb t~iro:;(l~lotlt this county, throughout Florida, you can look at gross dwelling units per acre. You']] find ~hre~. in qenerally what t;h,-, n,',rrn ir:. W,.;.'r'o well below that, and especially more so with this additional land. allowed take the main amenity pods and separate them It us to out. They're in the purple here. And you can see how the main amenity pods are separated out and it puts a larger percentage of the homes into a five-minute walk radius of these -- more evenly distributing these recreational amenities. As I mentioned, it allows us %o add %ha% fourth golf course which we didn't have room for before. That puts a lot more of the varied housing t~es on an amenity of a lake or a golf or a multiple amenity, lake and golf. With the extra land, we were able to create a whole lot more visual windows. These are -- as you drive through the co,unity, nothing is worse than creating a community, and as you drive through, all you see, becau;~c everybody is seeking to -- to mine every lineal foot of golf fairway or open space that they have, you never get a chance to see it. You never get the chance to feel it as you drive through the co,unity. So, we got these wide vistas that you can see along the road. I think the Fiddler's Creek vista is thousands of more feet along. And, as you can see, as the boulevard goes around, we're able to open up and close the view with housing, open space; housing, open space. We -- with alt the additional lakes, there's an environmental Page 11 ?'eb~ut~ry b, 1998 advantage. I think we',,',? al:, '..<.:: :'hn:. the -- the echelon(., or t:he fringe of th,:. ,'..dge of 1,~k~,:~, ,..:;,.,' i,, ] , [" ti:,.-: lit'~or,~l ::ones i,: v,.~y valuable from the standpot:lt ,~: a,?:~t~:et, icr: ~.~ct from the standpoint of migratory, wading birds, ,'it:he: '..:i ldl i :~,¥, agricultural on tile edge, and again able to amenitize mor,~ ,',~ tl~,', ho~r;inf~ units. By having the extra r'oc:.,, ~ '/,')~: :;,-)tice in many places, our main collector road is moved t-C, t'h¢-. ,,.:t::iri,. r,f the project. We didn't: to double load it .... c.,- ..... ;..., , ..... 1 ...... " '.'.',. '...','I,. ,~1'~ t.r, :n;~k,'~ i.t. We didn t inave to fight for t.h,,t ,.:.:, ~., ~ ~ 1,, 1,;. ,,~ :;],,~e.,.. By mo'/inq4 it t.o 'h,. , '":~!... w,. ~:::,. it t,, }~,:i~et along 41 and some of the other area::. We were also able, ,',, ,.n::'::,. t.}~n, ;,Il ~:he neighborhoods are completely, what ',:e c.,]' ..... ,i:.', .... · .. :,.,:,;~,,.,,:~?,o<'t:;. A n,:irI}xborhood isn't a neighborhood if it':; 7",,-"}."'d- ........ .:, ,....... ~ ;:not:he: neighborhood. A .... . ~;" it[; t)';jn :;orr neighborhood i:; a r~e!ghD,'~r"~ .... :~,,:~.;:';:.:,. ~,... geographic spacial entity. ;,:'.~ '..:.. '..:ere able to keep al! of the neighborhoods totally ",: , Ano~.,x~ thing ..... ~_ ?:e w,'.:'.. .:r,.,-. '~, n,', ...:;t:h thir: ndditional land is the c.~'c; *-i. on of addit:on,.~ -~ ~ ~,- ' · ,'.;~:~ ;,~.:hood parks that are scattered throughout the area, again p';'' 5r,~: z~,,~'r'r p~.,')}>],:' within walking distance of the nei~ghborhood parks. And i just want to mr;d~c ....... ;','- c< llector b~ule';ard. It can't say enough about -~ ~ ~.,a~ in the desicdn. What it does, it acts as a spine ; ~ · also by having this collector boule':ard, acts as a ..pine for pedestrian movement system. And the pedestrian movement system enhances the linkage between the various !and uses. It also acts as a visual cmidepor;t. It's miles across here and you -- I always use the '=red and Sadie" story about Fred and Sadie have never been here and it's a Saturday night and they're playing canasta with their friends. How in the world do we get out of here? We don't want to create a maze. So, with the -- the collector road system, you're always able to i~ediately identify and, you know, no matter which way you go, you'll come to an exit off of the property. It's also -- it establishes a hierarchy of roads. You know that this road is the main one and the neighborhood roads are secondary. It also allows convenient access to every one of the neighborhoods without traffic through it. I'd like to close, again, saying that this is a condition that we don't often get as planners and it's most enjoyable. We're always up against that space limitation and -- or we feel we certainly had a good plan, with this additional acreage of 1,385 to refit the master plan was certainly pleasant, and I think the master plan was the result. Thank you so much for your attention. CHAI~ DAVIS: Thank you. MR. VARNADOE: Mr. Chairman, ~f ! could, I'd like to put Michael's resume in the record, and I've got one for everybody if you'd like to look at it. If anyone has any questionr; on e;ther the water management system Page 12 February 5, 1998 or the environmental aspects, a:': I said, ! have Steve Means and Stuart Miller here to address 12AI CHAIRI.L\N DAVIS: Any question:; f. rom the su:r.xnary I.ir. Varnadoe gave us? There doesn't seem to be, Mr. Va~ MR. VARNADOE: If not:, there ,,~',~ ~'~,~'.;'~in m,~t. terr; I'd like to put on the - make a p,~rt o[ the rc~c~',-i ,nd "-~ ' - , , ..~.~, o[ these you re already familiar with. One i:: ih,'. c~-,] 1 ~,.*, (f,,,~:.,'": ~',,'"'r,.r~'i~,l. ..... :;tudy that Fraser and Mohlke did in co~iun~! i.~,~ '~;i~l; ~;,. !<A!. One of th~ question:; DCA ~,~,i, '..:~...~ .: :' '..:,,:~ whether it was sufficient nonre:~idential; i.e., ~'~,:r,m.".r~':-:' , '~, r;~:pport the project. ,.~r~lk,. <ii~i ,~ '~: , ..:,::. ::"~.?/ eL p,.,rticularly the And a~; you know, M~. "" .... activity cent:ers and e>:ir:t ina cr,m::;..:,"[,,.. '.',.,-; '..;r~r~. familiar with during thc: EAE proc,~:;:; }~]t. i ~i,., .....~::! ',, ,:..' :' ,,:. ~,. r,.~corcl. Also' , ...;c.. made a submittal nf'.".t' '~'... ., .~i'i>1:' .... ,~ ion that: was part of your package and i 'w,~lt ~.o q,.:~ t.li,~ i:~ l.}.,. ~,:c~,~d to I~CA. A submittal was made and we: had a ].ett,?r in r..,.~"i ..... >.,.... ',', ',,;-. ':.'<,rk r,~port that I want '..2o rr-~ke ~ part. of tt~,~ , . ,:: ;,- r.;,~.,-. 9,,~1 didn't have Ther~. r; a copv of rhnt' f,'~r ,'.,'~'h ~,' '/ .. . enough readina_ materials in th,n Droj.. ~,..r.'.,_ C.O,,E.II.,oIO, L',R BR~JET: ~ c.a.~, h;'~nk:;. MR VARNADOE: I'd like to cl,::;c. ",-.'v ~:':ir'kly with a couple oi cements abouv the DCA work I think it's important: to note t}~a:: thoi:' objection was not that this amendment constituted urban ~"-"''." ' '' *'~.re ' sufficient data and analysis to ,- ..... 'hr~e ~u.,.o~,e , .... t}:e indice they had that could constitute urban sprawls. So, what their recommendation was, pro'.;ide data analysis to show ~ . =nu= s what Mr Arnold it doesn't t~igger those three indices And ~' ;"' . has tried to do and what we're trying to do with Michael Redd's testimony and my co~ents and the record we're making. The DCA has adopted a Rule 9J-5.006, and it's 13 indices of urban sprawl. Most of those indices have more than one element. Some of them, i think, are fairly obtuse to the average reader. However, their rule also makes it very, very clear that even if you did trigger one or more of these indices, it does not mean you constitute urban sprawl. You have to balance the various indicators in conjunction with the local situation. For example, one of the indicators is low density. Well, yeah, that is a iow density project. That is what the co,unity wants. That's what the market wants. We're proud of it. We don't think you ought to be putting a high density project in this part of the county. So, you have to look at it in the local situation. You just can't read one of these indices and say automatically that constitutes urban sprawl. The second point I'd like to make is that the rule also provides that if the local government has a comprehensive plan that's in compliance, like we do, the fact that a -- and this plan may have some indices of urban sprawl. If you're making an amen~ent, to the plan, they can't find it not Page 13 I I I I I I I I I I 2AI Febr~ary 5, 199g · . t. no..L D:'ee:.:i:st. in¢I indicato~.., Ih. test in compliance becau:,,, of ' ,'-~ . . . to be, are you e:.:acerbating th,':. :';it~:atlon, are you making it worse? units, the lands i~mediately adjac.:ent t:o the e:.:isting property, we have higher densities ~nd mo~e ,.::.:t),~::::,~ ,::~;e:~ lurther outside the urban area. I would subm[r to)-/r)~l t~r: <'a:::'~,~+ c:on~;t'itutte urban sprawl. · , ': '-' nd the testimony you The --- in :;umm,~: /, ; ,t~i~t- : :,,f ' ~,~,~,~ heard and zhe data ,~::n!'~'::i:, ~1:.~ ~;.,'.',. :,,,,m )>,. convince. I)CA a,v!. , t. h,q,., ',,,,,; ' ..,~ ' ' ~.,.;''., ,i .... :; :;(,t (.,):'l:;i. i tu,t,,. sprawl and %his p:_'oj,~,:t ....,r-pii~ ~ .... tit ,::~t,t:tit'/ t(, t'}lF. any questions tha~ c;~.?~ ,11, ~rc,lr: ,,'};,-:I ;'.[~,-.;tk,.I ... " ' · ..... ,',: ', '...',.:l ~ ~,~'1{2 ~;c,:n,..~ questions for h'o~l ar. tho B,:~[or,: w,~ ,.j,..t ::.t.,, t~:,. i,~:,, :" "." $::.":;7 '-~:: t.t~i:; l)t.,.t, iti~II, gOi.~g 20 tabt, a t~t~-:m, ip/l' ,, ~> ....... CHAIP~.~J: DA'.rT;:: .... ca'' '' .... .-,-~ :,hq back to order ~nd invite anyone that '.':o';'~i ::>,- ,, ::~,.;:k ,,:. ~:,' '}~rr.,: p,::t:it.]rm:': w,~'re hearinq I would remind V,ou of the f.,,~:,::: ,2f o~r hearinas today is on th(:. additional lands in qu~.':,_ion and ,;',. ue' itions that sur~und it Is there anvbod7 here that '...'o',lid like to speak on an7 of the three petitions? Yes, ma'am. Please come forv:ard to the microphone. biS. CUPPY: I may be in ,the '.,.u'r;:trj section but i think -- CHAiRI,DXN DAVIS: We'r,, talkinq about, al] thr~e Darts to the Fiddler's Creek today. If you could state your name fo: the record, ma'am? MS. CUPPY: Margaret Cuppy. THE COURT REPORTER: Could you spell your' last name, please, ma ' am? MS. CUPPY: C-u-p-p-y. I'm only talking about five acres, bus I'm glad to be up here. live on 1051 Auto Ranch Road and it's below Henderson Creek, below West Wind on the right. In fact, a mile below -- it used to be the big farmland there. Can you see it on the map? It's a little road. It's about a mile and a quarter long. CHAI~ DAVIS: I think most o[ us are familiar with it. MS. CUPPY: But we have ail our habitat now. And I came -- I was born and raised in northwest Florida in 1915. I'm going to have to be careful. It's nineteen hundred and -- if I live long enough. But, listen, when I came over from Miami -- I went ¢o work and I worked in Miami -- I moved to Goodland and I had bought a place because I had been fishing there since 1949, and then it got a little rough for me. In 1960 I bought this little five acres out here. I looked at it and then I bought it in '65 and it wasn't nothing. You know, it had been a sa~ill out there, but it's next to the last five acres on that street that_ road, and then th_re s salt water There's Page 14 I salt lands when you leave I I I I I But we hay,~ a ,.',,1 ] :..'clt.,-..~ .... : :..',? h,~v,- t-b,- best. water you ever saw just after five more ,]c:~,7, r;. i',.~'~..,.......~:-: ,~ing t.o put a water p].,]nt on the five acres that was next to me. But what I'm tryinq tn say i:: I'ill t~o old to be moving now. And I don't want to be incorporated because 1 don't have any money to pay taxes with. And it's only live acres ~-,.) me, but it's more to me than all these thousands of ar'res t.he:;~, ~,",.,I)l,. ,~r,. ~.alking about. And I don't want to be ~ncorporat,?d. I j~::~ wan~' ~,~ stay ~n Collier County out the -- in t;.}x,~ There's a haPdnoc~' , i.q}l~ ; .... ~..,.;i~d m,>, right of. t.h~ maI) of the Marco River nearly, r,n,: mi 1~, from ~.. ~. ,r'I~,,1 ,~f my col. nor imto Road 92, if you go t:hrough the b;ir'k re,id, F,,t':;,.y ft~,~rle!.i(:) Read. C,tz~IP. NA~I DA'lIS: I.la'am, ,n,:r¢:':: - th,':re's not:hing to do with the petitions before u:; Leda7 L~;,t_ will ,z-. r.,,. :' id -- ,,.~. CUPPY: ...... ., CHA I RI.iA} ~ DAV I .q: '.: ha ng MS CUPPY: ' >'.';.'.', : ..... t ,-. ' ':"~ : ......... ~ . L't.. : - CH~,zr.;.:~.. DAVI. : - - yo~2r :, i '.,:dt.t .l o:l. MS. CUPPY: .... hat -- yea}:. ?2,l,]l, ~ just wanted to know. I don't want to be pushed out of. th.~r:~ little woods out there, and I got to think about the taxes, too. CHAiPJz2dl DAVIS: Certainly. MS. CUPPY: I think maybe one day that's going to be Marco Island, maybe. I'm not going to live to see it, i'm sure, but thank you for your zime anp:ay. CHAIP~N DAVIS: Thank you for coming. Yes, sir. MR. CUPPY: I'm Jim Cuppy. i let her get up here first because usually she'll wear you out talking. Now, I know what I -- what I've got to say. I understood that it was going to vote on whether to incorporate that town or not. CHAIP~ DAVIS: No, sir. CO~4ISSIONER OATES: No. CO~ISSIONER BRUET: No. MR. CUPPY: Well, that's what i wanted. I don't want that. CHAI~.~N DAVIS: No. COt~ISSIONER OATES: No. MR. CUPPY: Absolutely not. Thirty years I've been building that place by hand and I don't want to -- I'm satisfied with East Naples. I just don't want to be moved. CHAI~ DAVIS: Yes, sir. Mr. Guggenheim? MR. GUGGENHEIM: Good morning. For the record, David Guggenheim, president, CEO of The Conservancy of Southwest Florida. I'm speaking to you on behalf of our 5,300 members and 675 volunteers. The Conservancy does not object to the proposed growth management proposal that would allow an amen~ent to Fiddler's Creek PUD-DRI. Although we have serious concerns about urban type development of Page 15 about also. Additional speakers? MS. HATTEN: Hi. My name is Charlotte Hatten. I reside at 100 Isle of Saint Thomas Street. It's in Port-au-Prince mobile home subdivision. read I'm not a A lot of things I'm going to try to because speaker because it very well does pertain to Fiddler's Creek. And, also, I would like to start out with I am talking for the residents of~ Port-au-Prince, which are -- we presented a petition of 167 people, signatures against thio~ development v, hen"' it first began. Due to the fact of the closures of pertinent canals in our area and each of our homes are on these canals, and we know it's not a thing of wonderment, but after I read this you'll get a better will be flooded from our homes. . that eventually we I am -- first of all, I m totally against the rezoning of rural F~?bruary 5, 199P, land outside the urban boundary, ~.his proposal has compelling environmental benefits and other factors distinguishing it from other potential PUD's o~tsi, de the urban boundary. First and foremost, the Conservancy is now satisfied that Fiddler's Creek is uniq~]e ~-~nd does not represent', a precedent set. ting infringement of the urban boundary or urban sprawl. Our position st~at.em<>n~, w}ticlt yr.~t~ do have now -- CHAIRI.~N Dt~vlS: ~.~.= We all have copies. proposed project.:, inr'l,~di~q ~}l.-. f,tr.t, that the proposed addition is within bounrb,ri,.~:; ,,t t}~,. ~',,t I i,.~ ~',,,~;~t'/ w,,t,.~ ::,.w,.~ ,li.:;t. rict wlt]~ services availab].r: c:~]~r,::,*.ly ~,:'~t th,': fact. that: density is spread over a larger ezic:tlr:q ,~,..:, ~,r i :'.~,uld ::,,y, ,.;.:~::t ~/~ ,b:n:~ity is spread over a larger area. In addition, ,,:; .t,/, ~,,:,,~rf, t..'idd]~:r':: Cr~.t,:k h~:; offered to give up development rJqhtr; t.,, ~r, ,::~'/Jronm~q]tally :3jqn~ficant area known as the peninsula, which extend:: into Rookery Bay preserve area and they ~ould place t-hocr, ~'~ ar.*'r..: in'', ,~ t>~,rrr, ar~.nt conservation e~sement. Thi~ is a significant co.cost;for,. ,',nri /, win for tlhe environm,~nt. the fact' ~.mai~i that- r.,,! ]ir.r C'r,,,nt-y ir: e:<perJencinq tremendous growth along and outside o[ tlc urban boundary. ' It ~s regrettable that the county does not have a Growth Management Plan and -- e~nd Land Development Code amen~ents in now r~gardin~ criteria for PUD's outside the urban boundary. Th~ County Co~missioners directed staff to work with the Conservancy to develop :-~uch r:ritteri, a fo]lowing the Twin Eag]e~ hearinrJs. We look iorward to working closely with county staff to get those ~riteria ha~ererJ out. Given the growth pressures facing the county, we belzeve that such crzzerza are notnzng less than crzt~cal But, again, the Conservancy does not object to the proposed amen~ent before you here. Thank you. COmmISSIONER BRUET: Thank you. C~I~ DAVIS We look forward to those criteria that you speak agriculture to PUD; a,.~ain.~;t ?tI[.)-~4-76, ac!~inst: I)OA--973, against CP-973. Community develr>i):n,:r:t ar~(t 0:nvironmontal :';c, rvic~;:;, cumula~live impact a:~! '...'}1'/ '~:,. ~,.,:.d ~.}l,, }.llf; :;t,~cty. 'I'}~i:; i.:-; t.o arlviso you -- I'm sorry, i ha:;.~ a terrible headache. .-%,' . · I.[S. }{ATTEii: ~,,~:: [:: ~.,) (~d',:~se 7ou hat because ] o:..':~ property within 300 [c,~.: .... ~_,~ ,v;~,,~,~:,,,:~ ~',.. ,.~' {~(hr7 ~.~¢:tual ly it.':~ much le:;s than 300 feet. The top of rite: b,{r~[-: ~," ;.:t~at. ~nc:e '..:a.~; a canal i:; Fiddler's Creek proper,:':' beca~:.~;c. et: the riprap alonfl the borders of the Fiddler Cr,:.(';k !,:~l~,.;?.v ,,~'i ~.}{e l illin~! in of. th,:: closure of t. hc,. 95i ::c,~;. :. .... ~'~:;~l t ]~at: t:h~:. ?].an,'"'.~ n~'.~ Board, Collier County property irs inundat:~d '..:!,:?: car*,al The canal banr:..; i.r~ .:,r)rt:-a,a-Prince mobile home subdivision are eroding and falling [n::~, '..?.;a:. c)n(:e ;.:as a canal 't:it,h tidal fluctuation. The count7 en.c.,'i.n;';~:':-', ~:'(,].::. and :.:ontes enc.,'in(~ers, determined cana] water '..;,')~:lrl r,-.],?,'~:;(. ,:' : .:.],'.v'l' i,;:; F;~!d~,:"':;. . , ...C'r,?ek. c,'~:~t:r'ol i.:; .,,.et_ at two. The ':.'at,:.r i:: r:ot d,,;n(! ::,, ,~:v.! i:-: :;:..ayir:f.~ att .hiq.~ to three :ifteen and ca:¢.~inc major erosion of land .qea'::a].ls are , having to be filled in a:: the7 are undermined and t:reer; on property are fal!inc/ into the canals. The '~.;ater:.:ays are stagnant, no ozygen and polluted ,t;i. th high levels of thole form of bacteria creatinr, j health hazard, landlocking our community into an environment: of pollution and an unacceptable condition. t'le, the people of Port-au-Prince, had clean tidal waterway:;, protected salt water fish, a spawning area teaming with wildlife of all species. Now it is gone forever. Is this the course Collier County development and environmental planners wish, for other citizens to give away more vulnerable land? Collier County government ~.:i!l not undo or accept blame for what has been done to us. Today I am asking you to consider Fiddler's Creek petition as a continuation of more environmental destruction pushing native fur bearing animals into the ,t;etlands, a habitat not suited for all animals. Also the possible harm to property of other people as Fiddler Creek has sho:.;n no regard for our property in Port-au-Prince. Want to hear the worst part of this story? These problems that I'm telling you about no'~; exist now Fiddler's Creek have not even backfilled the canals that this planning board rezoned in July of 1996, which it's under our belief that this is on the 951, which they do not even include Port-au-Prince on their map to be their commercial part of the area to be developed. Are these possibly -- are there possibly more people's property to be damaged near the farmland? I know the animals, deer, hog, bear, birds and many wildlife will be driven away. Ruthless developers are not living up to their promises. Please do not recommend this farmland to be rezoned. No to the same Page 17 the Florida Wildl. i[e Federation. The Florida ?li ldlil,': F~..:~le~a~.iot~ alo~tq with Collier County Audubon Society did file objection:: to thi~: Growth Management Plan amendment -- with DCA on :;evera] groundr;. One of those grounds '.,;as that: it's a special interest amencknent. It's a market dri',;en amendment rather than an amendment that's needed to manage ~'-;. t~'' ~:. Dror)er!v the qro:,:th in this community it may be ::pra',,:l; it may not be sprawl, i remind you that we are increasing density on rural lands and there are implications to this ~ ,_..~_ expand beyond just this area It sets a; particular a:r,endmen, ~'~-' · precedent, it ..ma',' happen else'..:here. It's a chipping away of the Growth Plan and its requirement to manage integrity of Management growth in our cor. r. unity smartly and properly. A=so ~_ne~e are implications as this type of development creeps, eastward, and you got a hint of it from the previous speaker, is that as we see development come up closer and closer to the public lands, we're going to see potentially more and more conflicts because on public lands there are free roaming wildlife, thankfully, all their burning and other management practices that may conflict with those · folks that want to play golf or tennis or sit on their lanai. And I think that the community, the Planning Commission, the Collier County commission, the staff, has to begin to address these issues beyond the -- the urban boundary. And I would hope that the reason we haven't seen the criteria yet from staff is that they realize that there are far more complicated issues in dealing with rural development than just siappinq some criteria on residential deve 1 opme n t. And I hope they're doing some land use planning and addressing these various issues of wildlife and burning and management that may be in conflict, wetlands issues and, therefore, I hope that the reason we haven't seen speedy -- speedy response to the direction of the commission is that this is a complicated issue. This is one that does require some additional thought, and it's not simply just developing several criteria on a paper for PUD's and where they might be. In summary again we're opposed to this amendment simply because it does set a precedent. It is undermining the integrity of our February 5, 199~ ' developers who have trodden on the rights of homeowners and have no intention o£ correcting the problems created to their neighbors. Until they respect an(] correct the harm their development presents to our park, how can anyone believe their concerns for people's property, much less the environment? Vote no to Petition Number 84-7(6), vote no to DOA-97-3, vote no to CPA -- CP-97-3, no to urban ~='.'~ Thank you. CHAIP. MT:I'~ D/:'.;iS: ~t,an~. you. Additional speakers? MS. PA'fTOI]: Good mornin.q. My name is l;ancy Payton and I'm with I I I I I I Growth Management Plan. and it's not necessary. Thank you. It's market driven, it's special interests Page 18 F,_q)ruary 5, 19914 CHAIRMAN DAVIS: Thank you, I.'~is:~ Payton. Additional speakers? Seeing none, I' 11 close the public hearing. Any questions of -- from this board to the staff or the petitioner? CO~4ISSIONER OATES: Mr. Chairman, I would move we forward Petition CP-9'/-3 t.o tl~e Board of. County Cor~issioners with a reco~endation to adopt this amendment and transmit this petition to the Florida Depart. m~mt COMMISSIONER B}UJET: Second. Mr. Bruet~. Manaqement Plan? (No responr.;e. C~'"'~SZ:O:'::';; r;WIDDY: Mr. .:';-airraan : move fha*' we reco~nend approvai. COi.g,iI SS ZONEE BUDD: gecond. MS. STUDE::T: Mr. Chairm~n, ~ think Mr. Nine might have a few words on ...,a~. CHAIRI.L~,: DAVIS: All right. There's a motion and second. As part of our discussion, we'd ' :k,=- to know what -- what you want to MR. NINO: Obviously -- Eon Nino -- I could be much briefer than I normally would have been. - do have to get some things into the record, however. We reviewed the petition for rezoning pursuant to those criteria that we normally review petitions; namely, its consistency with all elements of the Growth Management Plan, not just the future land use element, that adequate infrastructure is indeed in place, that the timing of development is appropriate and that it's compatible. And, as you know, the Land Development Code provides for us making certain findings under PUD's and under rezones. They're all included in your packet and staff report. It's the opinion of staff that a vast preponderance of those this rezoning action and the PUD amen~ent that is in findings support your packet, again, we wish to assure you that those amen~ents are directly responsive to the presentations made to you and to the changes that are alleged and, most importantly, I think it's important to get into the record that this petition does bring with it substantial area water management benefits that would not be achievable without this petition or without some additional costs on the part of the county that will now be borne by this developer. And those appear on Page for off-site water management improvements relative to Section 18 and 19, particularly on the Tamiam~ Trail corridor. Page 19 i I I I I do want t,-~ c,e~ into the record the issue of compatibility, i think it':.: stated i:~ our paraqraph on Page 7 at tho bottom of tho page o[ ou~ ~eport, not.w[t_h:.;t~r~dinq t.}~,, matter ~,f r'r)n:;i:;tenc:y with the FLUE to the C;MP, rol4~ i,m:;~ii~:; ~}t' (:(~I~l),lt it)il it'/, t,l~,, I~l, ij,)I' cri. toria in suppor~ o5 rezoninq action:; i:; as l.o.Llowr;. zoning d:~' · .... tr i,:t ::, . hi" ~ ~,'~ coui~led '..;i t,t~ t.h,, a'/,~i 1,,bi li tV of public "i!:.' : .,~.='.'o*'_.. ,, ,~n'i 'a'-:' ~': ...... ;1][);1,,~. *. ,1~1 .t''~, ;f;}l. t ,1 t~'Zf~l~t l'hr~ Droperty the ba::i:: ,',f c~,::;~,;~ ibl lit',, wit}~ r~:~':,}:::vtiriq i~rot~o:;,,,.i ,,~d e>:i:;ting uses. Thc, T,';:5 ~;;,:: ?/.~,:. F'";i c.',.'r.,l. . ':,,'' ,,,i. = ',,~,~i I ::~ ~', ! ~ ,~Dd ~/,)tl ' 1. 1 llOtO that ),',.', ' ' r'rr . C~:,,; ~rr.,~:., i t v.';,r; ',/i t h an ~nderstandinq of all of ..%~t _h,:t. r made ray c'r,'.". ..... · - c,.-:.-r., :~Jr)~, r : .................... . .... : .,. ke',.:ir:e, ' h,, :':,?r;or:d. ~':;/. ' r,'.";- ., ,.,t . t rid{ly, seconded h':' :,:r. hudd. A~i '.ha~:e 5n favor, r~ignify by :;a'/ing aye. 1.',: IL cFlrr' ~" . it .... llrlFiI~ ~ f~r)ll:; ] '/' Do 'you ka'.'e com~.enEs on the DOA? MR. ~iNO: Yes, I do. C.,t~ .... 'a~.', DAVIS: Okay. ~.iR. !2!~:O: Again, the -- thi:3 -- this petition does require an amen~en% %o %he development order, '..:hich applies to Fiddler's Creek/Marco SNores, and you'll note that those amendments have to do essentiall7 with changing the name of the project to what's currently being used and to adopt -- basically to adopt the new master plan as under -- under a reference provision, so the amendments to the development order itself are very minimal and they're described in your staff report. And that, too, has been reviewed by legal, and Miss Student has signed off indicating its legal sufficiency. Thank you. CO:.X.IISSIONER PRIDDY: Mr. Chairman, I reco~end that we ~orward DOA-97-3 to the Board of County Commissioners with a reco~endation approval. COI.2.!ISSIONER OATES: Second. CHAIK~.~N DAVIS: Motion of recon%mendazion of approval by Mr. Priddy, seconded by Mr. Oates. Discussion on that motion? All those in fa'.'or, signifv b7 ~ay~nf4 aye. Oppo s ed ? .,o respons,?. Page 20 ': '; CHAIRMAN DAVIS: February 5, 1998 Carries unanimously. MR. VARNADOE: And if you-all would like .... COM/4ISSIONER OATES: Mr. Varnadoe, if you'd like all your stuff? CHAIRMAN DAVIS: Yeah. Hope£ully, the books can be recycled. MR. VARNADOE: Pass them on to a higher authority. (End of Excerpt of Proceedings.) I I I Page 21 I I I I I THE CONSERVANCY Of Southwest Florida Position Statement Fiddler's Creek- Growth Management Plan Amendment February 2, 1995 I I I I I I I I I I I I I I Position The Conservancy of Southwest Florida docs not object to the Growth Management Plan Amendment proposal (DCA No. 98-D 1 ) that would allow an amendment to the Fiddler's Creek Planned Unit Development/Development of Regional Impact (PUD/DRI). The amendments wo~ld rcallocate existing approved housing units onto the proposed additional 1,385-acre parcel Although we have serious concerns about ..my. ban-type .. development of land outside thc urban boundary, this proposal has compelling , environmental benefits and other factors distinguishing it from other potential PUDs outside the urban boundary. Furthermore, the intent by Fiddler's Creek to preserve the 63- acre "peninsula" parcel in perpetuity represents a significant benefit to Rookery Bay and the surrounding ecosystem. While The Conservancy is now satisfied that the Fiddler's Creek situation is a unique case, it remains critical to continue the process begun last year to establish a sound set of criteria for development outside the urban boundary. Background The Fiddler's Creek PUD/DRI (formerly Marco Shores Unit 30) was origbally approved in 1984 following thc Deltona Settlement Agreement in 1982 between thc Deltona Corporation, State agencies, Collier County and several environmental groups including The Conservancy. The 1,385 acres of land to be added to Fiddler's Creek is currently zoned and designated on the County's Future Land Use Map as "agricultural/rural", with a residential density of one unit per five acres. The proposed shifting of approved residential units on to the additional acreage will require an amendment to the Collier County Growth Management Plan and a Notice of Proposed Change to the Fiddler's Creek DRI Development Order. The Marco Shores Unit 30 was approved for 9,1 I0 total dwelling units, with a density of 5.5 units per acre. The developer of Fiddler's Creek, 951 Land Holdings Joint Venture, has modified its PUD over the years resulting in a decrease of residential units to 6,000 or 2.5 units per acre. Upon approval of the additional acreage, Fiddler's Creek would retain 6,000 residential units while lowering density to 1.55 units per acre. Until 1989, the proposed additional 1,385 acres of land was within the urban desi area. In late 1988, Collier County staff'recommended in the Urban Boundary Stt ty, and FEB 2 4 1998 m the County Commission approved, the deletion of an area termed the "southeastern tail" from the urban area. Although, the County ~taffrecognized that this area could be included in the urban area in the future through the DRI process. Rationale The Conservancy considered the following distinguishing factors in our conclusion that the proposed Fiddler's Creek PUD amendment is unique and will not set a precedent for other developments on the fringe of the urban boundary. !. In the 1982 Settlement Agreement between Deltorta, various state agencies, and several environmental groups, including The Conservancy, 14,500 dwelling units were agreed to, of which 9,110 dwelling units were allocated to the original Fiddler's Creek Development acreage known then as Marco Shores Unit 30. The developer of Fiddler's Creek has voluntarily reduced that density to 6,000 dwelling units. It is a portion of this significantly reduced and vested density that the developer seeks to shift to the proposed addition. Although the addition lands are not included in the Settlement Agreement, a substantially greater ntunber of units were. Inasmuch as there ....... will be particular en~ronn~ntal benefits accruing as a result of thc amendment, the ..,;.;,-.,.. Conservancy does not object to shifting some of thc units that we previously agreed to in the Settlement Agreement. 2. The proposed 1,385-acre addition will produce no new units or increase density to the overall development. Thc addition will reduce' overall density by eliminating the 277 dwelling units allowable on the new acreage under existing zoning. Based on its current one-unit-per-five-acre zoning, the 1,385 acres allows 277 units. Only existing, vested, and approved density will be placed on the new lands. However, we recognize that within the addition lands, density will be up to eight-fold higher than thc one-unit- 'i per-five-acre zoning 3. The proposed addition land was included in thc urban area until thc existing 1989 Comprehensive Plan was approved. Because the "southeastern tail", which includes the addition, was previously within the urban area boundary, more intense commercial, ,i industrial, and residential uses have been developed or approved in the surrounding area at least as far, and in some instances, farther east ofthe urban boundary than the proposed Fiddler's Creek addition. Therefore, the addition does not "leap frog" over less intense development. 4. The proposed addition is within the boundaries ofthe Collier County Water-Sewer District with water and sewer service available. The District emends beyond the addition lands to other lands farther fi-om the urban boundary. 5. The Fiddler's Creek amendment proposal includes restoration of historic drainage patterns to the wetlands south of the proposed addition via dedication ora 1o ~g ~o-~h%¥t~,] (t'~ ' after drainage easement to Collier County, and provision of a spreader swale ,-ystel~'t~ * FEB & 199B o sheet flow drainage into the rccciving wetland. Construction ora one-mile long spreader swale will attempt to recreate historic sheet flows south across wetlands and discourage all-terrain-vehicles and other vehicular access to Rookery Bay wetlands. Thc width of thc new spreader swale will also work to enhance water quality. The granting of thc drainage easements across thc proposed addition will alleviate the artificially high amount of drainage currently being diverted to Henderson Creek. By eliminating agricultural water pumping facilities and restoring thc new land's historic water table, the hydroperiods of contiguous state-owned wetlands will more closely approximate natural conditions. The Fiddler's Creek amendment has not been found to be out of compliance by the Department of Community Affairs (DCA) or thc Regional Planning Council pursuant to the urban sprawl Rule 9J-5, the Florida Administrative Code. An Objections, Recommendations, and Comment report was issued by the DCA in December of 1997. The one objection stated dealt with the functional mix of living, working, shopping, and recreational activities. The DCA is requesting more data and analysis to ensure that the amendment would not constitute urban sprawl. The developer has provided such data and analysis. Of the 1,385 acres in the addition lands, approximately 450 acres of undisturbed natural areas will be preserved. All preservation areas will be restored and enhanced by the removal of exotics. 10. Fiddler's Creek has offered to give up existing development rights in its PUD/DRI to an environmentally-significant area known as the "peninsula" which emends into Rookery Bay preserve area and place the 63 acres in a permanent conservation easement. The Conservancy originally had grave concerns about this proposed Growth Management Plan amendment and publicly objected to it at the October 14, 1997 Board of County Commissioners (BCC) meeting. While we are now satisfied that the Fiddler's Creek situation is indeed a unique case, the fact remains that Collier County is experiencing tremendous pressure for growth outside the urban boundary.. It is regrettable that at this time the County does not have Growth Management Plan and Land Development Code amendments in place regarding criteria for PUDs outside the urban boundary. We worked with Collier County on such criteria in 1997 when the Twin Eagles PUD came before the BCC, however the issue has yet to be resolved as County staffcontinue to work through the criteria to present to the BCC. Establishing a set of sound criteria for development outside the urban boundary is nothing less than critical as grov, ah pressures increase. FEE) ~ '~ 199B Il I I II II IIII I II I I IIII I I II III II111 IIIIIII II I ................ - '" " '" SoLdhem Biomes, ElS Environmental Information Services ~226 C~.~do l~,wy. Sufle ~ - ~ Im P. O. Box 537 ~ ~. R. ~910 ~ ~1) ~ ~W~ ~. ~ ' [~41) ~7~ ) m m m Environmental Assessment Fiddler's Creek 63.4± ac. Peninsula Tract Date: Dec. 2, 1g~37 Thc Fiddler's Creek Pcnlrt~ula la an irregular shaped parcel of land located in thc southexn portion of the Fiddler's Creek develop,neat, which Is located on thc cast aidc of C.IL 951, appraximntcly two miles south of thc inte..rsection of C.R. 951 and U.S. 41 (Tamlami'IYail). Thc peninsula juts out approxfinately one half mile, in a so,,thwcatcrly dircctio,,, into salt n,ar~l, tu,d mw)grove forests owned by 0m State of l'lortdu. Under current regulations, the entire property conslsta ofjurisdicUonal wetlands. Ilowcvcr, a.,; part ora 1983 settlement a~cecment tl~ parcel had bccn approved for development. Southern Biomes EIS became Lnvolved with the project in 1998, dt~ing fl~e Army Coq~s of 'Engineers' permit c. xtenslon rcqucst. During these ncgoUaUons, thc pcninsula was rcduccd 1~ size, with only an access mad (5.4 acrcs) extending through thc dcpresaional poflJon of the l~_ninsula, to thc 58 acre development pod. Thc rcmainlng portion of the peninsula was placcd In a conservallon easement. Thc applicant ks currently considering not developing th~_s area. thereby preserving the integrity Of the entire per~lnaula and the a0jacen[ wettands. The following text descn'bes the vegetative character of the peninsula, and a. de_,sc~pUvc analysis of Lhe ecological benefits associated ,~th preserving Site Deac _rlptton TwO vegetaUve communities were Identified on thc peninsula and thc acccss road. 'Itle adjoining wctlands are similar in type and then transition to frcah~ marshlands to the north/md nortlnveat, and mangroves forests to the sourly To provide n better understanding of each of the wetland communlUes on site, a brief descripUon l~ provided. 9.7 acres consists of a slash pine. wax myrtle. & myrsine wall_and £om~t with some minor mclalcuca and Brazilian pepper invasion. This commtmity ts tra~stttor~ to thc coast~t wetlands, a_nd m~W occasionally become inundated by tidal influence. A~oc~ted vegetation consists of cabbage palm, swamp fern, saw grass, fringe grass, needtc rush, dwarfed buttonwood, and buckthom. J~4-16-1998 89: 2~ 9~1 549 7448 53.7 acres consists o[ the s.'dt marsh communities don~nathlg the main portion of the site. There is evidence of occasional tidal izfllucnce. The domh~unt vegef~Uon consists 0f buttonwvod, wax myrtle. ,.alt bush. cord gras~, needle rush. soft rush. bulrush, salt gr~a, hurricane gt'ass, saw grass, sca blltc, sca pttrslanc, seashore paspah~, and key grass. Tlmre are also scvcral areas wl~ich arc ba.~ically void of vegctaUon, and are identified as salt ilats. EndA-gered,Species Dining the permit extension proccr~, a ~r~ fi~d su~ ~ ~ndu~cd to detc~c ~dcn~ ~ sl~ngs of ~d~gcrcd, ~, or thrived spcdes. 1. A bald eagle and nest ~s obsc~cd on ~c no~ca~cm po~on of ~c stW, towards ~e ~c ~,lmcnt ponds lo~t~ ~ bccfion 24. ~xc nest ~s lo.ted 0n a tall sl~h pine on an old dit~ be~ pa~lleUng ~e ~ded ~ad, ~p~mately 1650 5. fwm ~c a~ss ~ad. State ~d Fcdcr~ dc~es p~ prolcon ~n~ whid~ rcs~ct d~lopment ~ 1500 t of ~c nest 2. Se~I ~ding birds s~ch as ~ ~ets, little blue h~ns, sno~ e~e~, ~d ~-~lor he.ns ~c o~~ th~ughout tim f~nges of fltc penlnsul~ ~d l~st t~ ~re ob~e~ fl~ ~erh~d m~d ~d~ on open ~ ~o~ ~ s~t fla~. 3. O~'fl~ ~e c~le, thc ~g bi~s, and alligators, no ofl~cr ~d~gcr~ ~ ~~ s~ ~re obsesS. Snrnmarv I've ~:~ti~ed the project Lo determine U~e potenUal environmental benefits frt~m the exclusion of the 63.4.4: acre peninsula and access road from thc future development plans, and incorporating the entire penlns-la and access road within a conservaUon easement. This p~~ action would increase thc existing 242 acre conse, rvaLlon cascmcnt to 305.4 acres. However. more slgnlJlcantty, the primary ecological benefit of this proposal Is the preservation of ~mpor~=nt transitional wetland b~b[t~t-~, which otherwise would be developed. Thc development of this penixmul~ v~uId thereby elimma_tc the only 1 .arg. e. subm~ hibitat of its kLud re~nintng in the area, with apprommnt~__¥ lincar f~et of ecotonal hydrtc fla~ods and wet prairie habitat ~lng the surrounding marshland and mangrove forests. Southern Biomes, ElS Environmental Inforrn~flon Servlce~ 5226 ~o Ptcw~. Sulle A, - ~ Io: P. O. lox 5.17 Cape Cc~al, R. ~3910 ~ e~)~ __~_ ~ ...... - .... G~ .~.W~..--%~. :~ ......- 1~: E~'~b~.mcntat Assessment of ~c ~dlc~s ~c~ ~.~ ac. ~la ~, s ~on ~ddl~g ~k Subd~glon tn S~. 23. ~!S. R26E. o~ C.R. 951. Collier Count, S.m~ ~~is: (cont'~ ~e notion that ~d~er's C~ wo~d p~-otect d~e ~rsi[y of b~hlta~ p~c~ rite ~z~su~ i~ ~ [mporb~nt to fl~e h~genous ~ ~dlifc w~ u~z~ ~c adja~t ma~l~ds. ~ adJa~nt h~ forests ~d hcdm~ p~dcs ~c si~fi~t to wildl~e for for~ng, lo~mg, roost~g, n~ ~d d~ing. ~ addition, the pro~cflon of ~e e~jo~lng wefi2nds ~m ~n~ ~s ~c ~so subs~ if ~is ~a is not dcvclo~d. ~c~ ~cludc, but are not ~d to, ~, noisc, ~t, ~e~c~ pollu~on ~odat~ wl~ d~clopmcn~, h~ ac~ to adjaccnt ~Ke habitat, ~c~ ~ldlffe fatalitlc8 along O~e a~ ~d, w~Cc pre~on ~ house ~. wD~ife ~do~ ~tcr~plions, and ~e alteration of natur~ s~ce ~t~ m~mcnL ~ pro~ dc~lopmcnt w~[ p~ fo~ ~d~e ~I~s ~c a~ mad l~di~ to ~e pe~la. ~c~ w~c ~qu~tcd ~ ~c ~ldlifc ~c[~ a~ a ~mpm~sc for d~op[~ ~c ~ns~. ~ cltmi~t!~g ~ula ~m ~c d~[o~cnt piau. ~c~ ~8 ~]1 ~1~ opcn for ~tdlifc pasco, w~ch ~so lnc[udcs ~c ~oflda ~od~c. Fu~m~no~, ~C FIoHda G~c ~d Fresh Wa~r Fish Commission ~ flze ~ ~s of En~cem to d~ file ~dge and fill ~nnl~ or to ellm~a/e or ~ ~e pe~a fu~e~ no~ to pm~e ~e hy~c fla~ods ~d to mnovc h~ ~E~ty ~m ~c ~ of ~c ~t m~sh. ~ U.S. Fish ~d Wildlife Se~ also m~c ~~ to thc pro. Eon of thc p~lnsula d~ s~ convema~ons ~ Sou~ Biom~, in ~soda~on ~ ~spccflons ~d s[~ p~ m~ifi~s. Des~ ~e~ objections, ~e ACOE ~ ~c ~t to d~clop ~e p~su]a. To ~Eiy ~ ~ ~e d~opment fi~ to ~ni~ula' would most ~nly ~ found fa~mble to all the / ,fl /9'F Date lZAI Market-Conditions Study East Naples/South Naples Market Analysis and Assessment of Development Potential Prepared Fo~. Comprehensive Planning Section Co.m..munity Development fir Environmental Services Division ColHer County Government 2800 North Horseshoe Drive Naples, Florida 34104 Prepared By: Fraser and Mohlke Associates, Inc. Post Office Box 2312 Naples, Florida 34106-2312 February 27, 1997 Iff. IV. Collier County Commercial Study East Naples/South Naples Market Analysis Table of Content~ Market Conditions: South Urban Collier County Residential and Commercial Development Consumer Demand Forecasts Activity Center Review 1-4 1-5 1-6 1-2 V. East Naples and South Naples Demographic Characteristics 1-15 12. Market-Conditiom Study East Naples/South Naples-P?ge I MARKET CONDITIONS: SOUTH URBAN COLLIER COUNTY an of population growth and in- The market-conditions analysis continues with evaluation fra.s'tructure development in East Naples and SOuth Naples, two contiguous planning communi- ties that include that pan of the coastal urban area south of Davis Boulevard [SR-84]; its eastern border i.s Isle of Capri Road [CR-951], excepting the Henderson Creel< community defined by' Traffic Analysis Zone [TAZ] 1S9; its southern boundary is an undeveloped.wetlands area north of the Rookery Bay Sanctuary. The East Naples Planning Community District [PCD] consists ~f 8,260 acres and the South Naples PCD coraLs'ts of 26,47..3 ac:res ar. cording to the 'Phase I Technical Memorandum' prepared by Collier County's Cornprehe~lve Planning Section [Urban Area Build- out Study: March, 1994]. Aggregated, the 34,683 areas represented these two plarminE rnunities amounts to 26.$,8, percent of the Urban Commerd;al Di.striet's total of 130,504 acres. By' excludinE the Ma~o PCD s' 38,150 acres, the E~t Naples/South Naples communities will repre- sent 37.$$ percent of the 92,354 acres within the Urban Commert.-tn! District's six r_em. aining plan.ning communities: Central Naples [8,$34 acres], East Naples [8,260 acres], Gold,in Gate [9,S24 acres], North Naples [20,186 acres], South Naples [26,423 acres], and the Urban Estates [19,427 acres]. Population Growth 1900-2010 By the year g010, the permanem Polmlatton of Collier County's East Napl~ and South Naples PCI~ B proiected to grow 88.70 percent frorn 32,g63 persor~ In 1990 to 60,881 ,D,20_10, an increase of 25,618 persons acco~ to July 1, !996 ~:b~ces provided by tt~e Coun- t)'s Cornprehensive Planning Section. Permanent-population e~'d;n'lates and prolections; for the East Naples and South Naples PGEYs demonstrate the following pattern of gro~vth~ PoPulation Estim&tes las of April 1 of each year] 199o 1995 ; ooo 2005 ;ZOlO East Naples 1 9,649 20,107 25,755 29,730 33,486 South Naples 'i ~,61 4 1 5.771 21.070 ~ 27,395_ 32,263 3S,878 46,82S S4,0S2 60,881 Persons Per Acre 0.93 1.03 1.35 1 .$6 1.76 [34,683 acr~] Percent [%] share of: Unincorporated County 24.39% 21.70% 21.42% 21.42% 21.42% Total Collier County 21.21 % 1 9.24% 1 9.42% 1 9.58% 19.60% Unincorporated Area 132,273 165,356 218,632 252,375 284,261 i Col:let County Total 152,099 186,$04 241,108 27.5,999 310,595 14. -.,.~,,~, ,..umprerer~lve manning ~ection, wopu,atlon_~stlmates ,and_ ..Projections, July 1, 1996 A map of the East Naples and South Naples PCDs dernonstraIing their Planned Unit Devel- oprnen:s ['PUPs] and Traffic Analysis Zones ~I'AZ~] B provicied on the following page. Market-Corxlitions Study Central Naples/Golden Gate-Page I-2 Commercial Land Use Distribution The 1986 ~arket i~D_~.C~rnmercial l.and Use Study [Page 1-25] documented that the Central Naples/Golden Gate area included 823.72 acres of commercially, zoned land; a total of 2o4.60m acres, or 24.84 percent, were developed, including 9S3,171 square feet of commeroal space. The~ 1995 Collier County ~ Land ~ Inventory [Page 18c.] determined that the' Central Naples/Golden Gate area included 822.34 acres of commercially, zoned land; a total df acres, or 48.04 percent, were developed, including 2,612,612 square feet of co~nm_ercial space. In the 10-year period 1986-1995, the commercially-zoned acreage in the combined Central Naples/Golden Gate area decreased by 0.66 acres, or -0.08 percent, due principally to!annexa- tion of the Park Shore area by the City of Naples. Utilization increased by 190.44 I acres, "or 93.08 percent, from 204.60 acres developed in 1986 to 395.04 acres developed by 1995. New commer- cial structures totaling 1,659,441 square feet were completed during the lO-year period analyzed,_ constituting a 174.10 percent increase from a total of 953,171 square feet developed in 1986 toI 2,612,612 square feet of commercial structures developed by' 1995. Activity Cellter Summary AccorQnlI to data provided by the Comprehensive Plarmir~ Section, a total of thr~e [3] o1 the 21 Activity Centers located in the Urban Commercial District are sited in the Central Naples and Golden Gate planning communities: 90.40 r_ 0 SCl. a. 9S6,0~I sc1.~ 3.22 8c. 44,029 SCl. ~ 32,200 scl. ~ ~ 7.!o ~ 305.oo9 sa, !t. ~25.ooo sa. ~ 1C)6.12 ac. ~4~,038 so,. ~ 1,113,291 SCl.~ 6037~ 23.8714 76.1 The three [3] Activity Cemers sited in Central Naples and Golden Gate are m equivalent to: 21.37 percent of the 822.34 acres of commerc/ally, zoned land located in these two planning comm~ties, 17.63 percent of the subiea area's 395.04 developed acres, and 13.36 percent of its 2,612,612 square feet of commercial space, m A total of 160 activity-center acres that are not included in this calculation are located at the southeastern corner of the subject area in Activity Center #6, located at the intersection 04 Davis Boulevard [SR-84] and Santa Barbara Boulevard. Two quadrants, or 80 acres, of Activity Cen- ter #6 are technically within the Golden Gate PCD; two quadrants south of $R-84 are in the~ South Naples PCD. Activity Center #6 is 2.5 miles south of Golden Gate Paflcway [CR-886], thel central axis of the analyzed Central Naples/Golden Gate area and 3.5 road-miles from area's geo- graphic center, the proposed Interstate Interchange to be located at the intersection orl-7s and, I Golden Gate Parkway. For the purposes of this Study, Activity Center #6 will be included inthe analysis of Centers located in the East Naples and South Naples PCDs. I East Naples/South I-3 Market.Conciitions Study Naples-Page Infrastructure Improvements to roadway GOvernment's program complete the F2~ Naples/South Naples network identi- fies the analyzed area as having long-term grow~ potential. Growth ofActivity Centers #6, #16, and # 17 will likely be related to completion of scheduled capacity improvements to local roadway segments. Activity Centers t7 and #18 are located along Isle of Capri Road [CR-gSll,lan tm- proved, limited.access, north, south arterial that will no longer limit the development poter~___,tt~l of these mixed-use Centers due to recently completed capacity and safety enhancements. In. October, 1996, The Board of County Commissioners adopted the Annual Uvdate ~rld Elk ventor~ Report [AUIR on blic facilities Coun 'de, the tentative Cavital lmvrovement Plan [CIP] issued with the AUIR designates $2 $,090,000 for four [4] transportation improvements in the East Naples and South Naples PCDs that will impact Activity Centers [A.C.] #6, #7, #17, and #18. Specific roadway projects proposed for the County's 1997-2001 [FY97-FY01] CIP are listed below. Related nnall.~ale projects, traffic sit~alization, right-of-way [ROW], environmental- permitting costs, and payment on existing debt are not listed. East Naples/South Naples Roadway Projects: Collier County CIP FY97 to FY01 [September 24, 1996] ~A.C. PROIECT NAME COST TYPE Il;TART .CoMpLETE 6 County Bam Road S5,453,000 CST I:Y96 FYO0 [SR-84 to CR-864] 6 Santa Barbara Boulevard $585,000 PE FY97 FY01! [SR-84 to CR-864] 7/17 Rattlesnake Harrtrock Rd. [CR-864] $6,8~5,000 CST I:Y95 FY97 [US-41 to County Barn Rd.] 7/18 Isle of Capri Road $'J 0,187,000 CST I:Y95 I:Y97~' [SR-84 to US-41] ' East Naples/South Naples $23,090,000 CST: Constn~ion ' Percent of Collier Cou'~ty Total 19.09% Pg.--Preliminary Engineering · The Adouted Work ~ of Florida Department of T~rmtion [FDOT] ~c~ One, dated November 22, 1996 for the period Fiscal Year 1997-1998 IF'Y98] to FLscal Year 2001-2002 [SR-841 Tm'a~'n.t Tra~ East [US-41] capacity improvements [FY02]o reflects the Davis listed below; they incre~e the number of directly-related roadway projects from four [4] to nine [9] for an estimated cost of $50,590,000. .. _ East Naples Roadway Construction: e~orida Department of Transportation [I:DOTJ Adopted Work Program [November 22, 1996] i A.C. # PROIECT NAME .COST START COMPLLrrE 6 Davis Boulevard [SR-84] $2,723,000 FY94 FY97 [East of Airport Road (CR-31) to West of County Barn Road] Market.Conditiom Study East p aples-Page I-4 _ East Naples Roadway Construction: _ I florida Department of Transportation [FDOT] Adopted Work Program 6 Davis Boulevard [SR-84] $830,000 FY9B* I:YO0* [Santa Barbara Blvd. to CR-951 ] * Corridor planning and Plar~ing, Development and Envirortnental study 16 Tamiarni Trail [1JS-41 ] $13,121,000 FY97 I:Y99 [West of Coodlette Road to east of Davis Blvd. (SR-84)] 16 Tarniarni Trail East [U$-41] $6~103,000 FY97 I:Y98 [SR-84 to Airport Road (CR-31)] 17 Tarniami Trail East [V5-41 ] $4,723,000 FY97 FY98 [CR-31 to Rattlesnake Harrrnock] $27,500,000 Without the timely completion of these scheduled roadway improvements, the lOng.term development potential of the above referenced Activity Centers ts limited. Subsequent sections will analyze the dimensions and likely pace of development in the ~ Naples ~nd South Naples PCDs. Section II will det~ the dimensions of residential arid c~n- mer~! development. Section III w~l calculate the demand created by new residents azxi visitors for additional comrne~! acreage. For the purposes of this analysts, 2I)0S has been chosen horizon year for projecting commercial-acreage requirements; extending acreage prolections be- yond 200.5 would be problematic because of expected changes in income and household size due to new household creation following the 1990 Census. The expected 95.18 percent increase in the analyzed-area's popula~on, from 33,172 persons in 1990 to 64,745 persons tn 2I)10, argues persuasively that clara from the ~ Census shc~ld be employed to recalculate the demand cre- ated by new residents for additional ccrmmerctal acreage for the period after :IC)0S. Section IV discuss the analyzed area's Activity Centers. Following the next decennial census in 2CXX), and the ~ and Aot~alsal Revort [EAR] required in the same year, it would be appropriate for the Comprehensive ~Sec- tion to reevaltlate the population, acreage, and retail-demand calculations reported tn this analy- sis. [November 22, 1996] L~-,C. # PROIECT NAME COST. :~TART. ~ I I I I I I I I I I I I I I I I I I I Market-Conditions Study 12/ 1 East Naples/South Naples. Page:, Ir. I EXISTING COMMERCIAL LAND USES As reported in Section I, the permanent population of Collier County's East Naples and South Naples Planning Community District~ [PCDs] is expected to grow 88.70 percent from 32.263 persons in 1990 to 60,881 persons in 2010, an increase of 28,618 persons accoxding to July 1, 1996 estimates provided by Collier County's Comprehensive Planning Section. The. pre- dictable requirement of this increased population for goocts and services forecasts a need for planned development of currently undeveloped or underdeveloped c~mmercial acreage in the East Naples/South Naples area consistent with growth in new residential units and transient a:- commodations. Acklitionally, office space, repair and wholesale facilities, hotels and mcnel~, en- tertainment centers, and institutional uses such as churches, nursing homes, and schooLi will need to be accommodated as well on additional acres developed for those purposes. Section I demonstrated that commercially-zoned acreage in the the East Naplesl~outh Naples area increased by 172.92 acres, or 13.83 percent, during the 10-year period I986-1995. New commercial structures totaling 2,313,361 square feet were completed in the 10-year period analyzed, constituting a 133.62 percent increase from a total of 1,731,248 square feet developed in 1986 to 4,044,609 square feet of commercial structures by 199S. East Naples/South Naples Commercial Land-Use Inventory Latest available data from the 1995 .Collier ~oumy Commercial I2nd Use ~ prepared by the Comprehensive Planning Section aa Appendix. A, 1 to the Future Md Use [ilement Su;n~ort Document, is summarized in an appended report. Comraer~al zoning includes the standard cate- gorses of C-I, C-2, G-3, C-4, C-S, and PUD zoning as defined in the County's Land Development ~ode. A list of applicable 2-digit codes provided from Appendix A-lis shown on the first page of the appended report. Reported data is listed by: 1] Traffic Analysis Zones [TAZs] and 2] Collier County's Commercial Land-Use Categories by employing 2.digit numbers referring to: a] Property Appraiser's land use codes and bl Florida Department of Revenue IIX)RI codes. A property- appraisal-based analysis presents the analyst with certain difficulties in matching overall commercially, zoned acreage with acreage classified according to Propen~ Appraiser land use codes. Consequentially, this analysis will limit the use of property-apprai.sal data to gte.specific determinations of acreage and the square-foot dimensions of existing structur~ only. Overall, the commercially-zoned acreage employed in this anal)sis is thai included in the 1995 .Collier Courlty .~9_[Ill[l_el~i~ [2nd U.~e Inventory [page 18(:] r~x:~ that the East Naples/ South Naples area included 1,423.60 acres of c~mmercially-zor~l larxL A total of $85.93 acres, or 41.16 percent, were developed by 1995, including 4,044,609 square feet of commercial space. Coastal geography contributes an important rtimension to the pattern of development in South Urban Collier County. From the intersection of Davis Boale~ [SR-84] and The Takniamt Trail [US-41] at the City of Naples' eastern limits, to US-41's intersection with Isle of Capri Road [SR-951] 5.$ miles south and east of the CID', the preponderance of comx~ercial development is north of the US-41 corndor. A crude triangle describing the analyzed area ca~ be traced eastward along SR-84, south along CR-951, retun'm'ig wes~ along US-41 to the city limits. I I I I I I I I I I I I I I I I I I I Market-Conclitiom Study East Naples/South Navies-Page II-1 EXISTING COMMERCIAL LA~D USES A~ reported in Section I, the permanent population of Collier County's East Naplb..s and South Naples PCDs is projected to grow 88.70 percent from 32,263 persona in 1990 to 60,881 persom in 2010, an increase of 28,618 persom according to July 1, 1996 estimates provided by' the County's Comprehemive Planning Section. The predictable needs of this greatly increased population for goods anti services forecasts a need for the steady, incremental development of currently undeveloped commen!tal or agricultural-zoned acreage in the East Naples/South Naples area consistent with growth i~ new residential units and transient accommodations. Additionally, office space, repair and wholesale facilities, hotels and motels, entertainment centers, and lnsti~tio~ uses such as churches, nursing homes, and schools will need to be accommodated as well on additional m developed for those purposes. Section I demomtrated that commercially, zoned acrea~ in the the l~-~t Naples/South Naples area increased by 172.92 acres, or 13.83 percent, c~uttng the 10-year period 1986-1995. New comme~ structures totaling 2,313,361 square feet were completed in the 10-year period analyzed, constituting a 133.62 percent increase from a total of 1,731,248 square feet der,eloped in 1986 to 4,044,609 square feet of commercial structures developed by 1995. ~i East Naples/South Naples Commerdal Land-Use Inventory' Latest available data from the 1995 Collier County C, ommer~! Land Use Study. prepat-ed by the Comprehensive Planning Section e.s A~t>endix ~,'1 to the Future .land Us_.~e ]Element Suot~ort Documept, is summarizecl in an appended report. Commer~,l zoning includes the st ~arxlard categories of C.1, C-2, C-3, C-4, C.$, and PUD zoning as defined tn the Countlps Land Develoomcrlt Cod~ A list of applicable 2-digit codes provided from Avz>endtx A-1 ts shown on the first page of the appended report. Reported data is listed by:. 1] Traffic Analysis Zones [TAZs] and 2] Collier County's Commerc~ Land-Use Categories by employing 2.digit rmmbers referring to: a] Property Appraiser's land use codes and bi Floricta Department of Revenue IIX)R1 codes. Property-appraisal-based analysis presents the analyst with certain difficulties in matr. hing overall commercially.zoned acreage with acreage classified according to Propert7 Appraiser land use codes. Consequentially, this analysis will limit the use of property-appraisal rt~t~ ~o site- specific determinations of acreage and the stFlare.foot dimensions of existing structures only. Overall, the commercially-zoned acreage employed in this analysis is that included on page 18c of the 1995 Colli~l' County ~ Land Use Inventoty reporting that the East Naples/South Naples area included 1,423.60 acres of commemially-zoned land. A total of $85.93 acres, or 41.16 percent, were developed by 1995, ir~uding 4,044,609 square feet of space. Market-Conditions Study East b/apleslSouth Naples.~Page II-2': A combination of older commercial development south of US-4 I, some of'it non.corlformino~ to present zor~ng requirements, and coastal.related envirorLmental concern.% begirltdng east the termination of Airport-Pulling Road [CR-31] at ils intersection with U$-41, have led tO a devel- opment pattern favoring the loc.~ion of shopping centers, office buiIdin~, arid lOcal governI ment structures nonh and/or east of U$-4I'$ intersections with CR-31, Rattlesnake ~ Road [CR-864], and CR.951. Activity Center #16, located at CR-31 and U~-4I and 1.$ milk~ east o the city limits, i~ the westernmost of the ~abject Centers in the South Urban area .analyzed; Activ~ ivy Center ~18, located at CR-951 and US-41, is the easternmost Center analyzed. Ail five of the analyzed Activity Centers [*6, #7, #16, #17, and #18] are conventional character and composed of four 40-acre quadrant; their adopted boundaries do not fdllow th~ site-specific geography and street layout of their respective locatiom. Marco I~land'$ twc~ ~ ctlvit~ Center~, #19 and #21, are not included in thi~ ,~;tudy; L~ues rela~ng to Marco's Acttvit~ ~enters have been addressed in the Nlar~ Island ]~L~.~..!~ and are beyond the ~cope of thl~ Due to the unique character of Activity Center #9, the third of the urb~m-area ~er~t. ate- interchange Activity Centers loc~ed at the intersection of $R-84 and CR-951, no attempt will b made in this Study to analyze its characteristics, report fl~dlngs, or offer recommendatl~)ns. Thl position paper ~nter;stat~ ~ ~.ctiv~ _ty_ Centert LO. _Collier_~ An Asse~mer]~ tential -~.~]~f. Eg~.k~L~ which accompa~es this Study examines ~pportable land uses l. ik .,~ly t~ be coruidered for 1-75 Interctm~ges. It also. recommen~ measures to a~ess the commer~ devel- opment potential of Activity Center~ #4 [I-75, Exit 17], ~9 [I-75, Exit 15], aid #10 [I-?$, F.~tt Before commencing an analy~t~ of Activity Centers #6, #7, #16, #17, and #18 - it is ate to address whether the principles enunciated in the Activity Center J.~sUe ~-~_l~wrm~,d apply' to the Naples City eastern 'gateway' area at the intersection of $R-84 and US-41. The advocates standards for des~ an a.,'ea m an Activity Center ~ to tach factors!~ a amoun:, type and lcx:ation of e~ zoned arxi developed comm~ uses within or Lr~ clo$~ proximity" to a proposed Center;, the 'existing pat-term of land use"; the 'market demand anl~ service area'; the "adequacy of LrUrrastructure capacity, particularly toads'; the 'compatibility o (any) proposed development ... and adequacy of buffering for adjoint~ propezties"; and "crite ria identified in the Zoning Ordinance.' I Widening of the Gordon River bridges and capacity improvements to US-41 'frgm thJ bridges to CR-31 that will commence in April, 1997, provide an opportunity to further deslrabl urban lnfill development along this Lmproved roadway segment; at ptesento detettoratin8 and haphazard development is well evident alon8 that same 1.S.m!l_e segment of US-41. I Legislative changes made in 1992 to Chapter 163 [Chapter 92-129o Law~ of Florida] led amendments to Rule 9-J-$, Florida Adratnist~ative Code, conctmtn8 planning requirements fot~ urban ira'ill and revitalization planning [See the appended 9J-$.0062. ~ For ~ Urbarl Area~]; its application may assist efforts to upgrade this 'gateway' area by means of'hntfi land.use planning and foster an evaluation of its pote _r~_~ as an Activity Center. I I I I I I I I I I I I I I I I I I I Ill ~ mllll ~ IIII I imll IIIII Ii ii Ul i Market-Conditions Study East Naples/South Naples-Da~ge 2 A combination of older commercial development south of US,Il, some of it non-c°rff°rming to present zoning requirements, and coastal.related environmental concerns, beginning east of the termination of Airport-Pulling Road [CR-31] at its intersection with US-41, have led to a devel- opment pattern favoring the location of shopping centers, office buildings, and local govern- ment structures north and/or east of US-41's intersections with CR-31, Rattlesnake t'Ilmmock Road [CR-864], and GR.gs1. Activity Genter #16, located at CR-31 and US-41 and 1.S mfI~ieast of the city limits, is the westernmost of the subject Centers in the South Urban area analyzec~ Activ- ity Center #18, located at CR-951 and US.41, is the easternmost Center analyzed. : Ail five of the analyzed Activity Centers [#6, #7, #16, #17, and #18] are conventional in character and composed of four 40-acre quadrants; their adopted boundmles do not foIlow the site-specific geography and street layout of their respective locations. Marco Island's two ~ctivity' Centers, #19 and #21, are not included in this Study; issues relating to Marco's Activity Centers have been addressed in the .Lyiarco ]sland ~ plan and are beyond the scope of this ~ysts. Due to the unique character of Activity Center #0, the third of the uitmn4ma interstate. interchange Activity Centers located at the intersection of $R-84 and CR.95I, no attempt,will be made in this Study to analyze its characteristics, report finality, or offer recommendatiom. The position paper Dnterstate Interchange/tctivitv ..Centers in ~oUier_County: /&ri ~ of Po- Iential Commercial ,Uses] which accompanies this Study examines supportable land uses likely' to be considered for 1-75 Interchanges. It also recommends measures to assess the ccrrnmercial devel- opment potential of Activity Centers #4 [I-75, Exit 17], #9 [1-75, Exit 15], and #10 [I-75, Ex,it 16]. Before commencing an analysis of Activity Centers #6, #7, #16, #17, and #18 - it is appropri- ate to address whether the principles enunciated in the/s, ctivity .Genter Issue paper would appIy to the Naples City eastern 'gateway' area at the intersection ot $R-84 and U$-4I. The Issue Paver advocates standards for designating an area as an Activity Cemer aooording to such factors as 'the amount, type and location of existing zoned and developed commerri~ uses within or in close proximity" to a proposed Center;, the 'existing patterns of land use"; the 'market demand and service area"; the 'adequacy of infrastructure capacity, particularly roads"; the "compatibility of (any) proposed development ... anci adequacy of buffering for adjoining properties"; and "crite- ria identified in the Zoning Ordinance.' Widening o£ the Gordon River bridges and capacity improvements to U$-41 from the bridges to CR-31 that will commence tn April, 1997, provide an opportunity to further desirable urban ir)fill development along this improved roadway segmem; at present, deteriorating and haphazard development is well evident along that same 1.S-mile segment of US-41. ~ Legislative changes made in 1992 to Chapter 163 [Chapter 92-129, Laws of Florida] led to amendments to Rule 9-J.$, Florida Admtnistratv~ Code, concerning planning requirements for urban infill and revitalization planning [See the appended 9J-5.0062. ~ For ~ Urban_ 6lt.~; its application may assist efforts to upgrade this 'gateway'area by means of unified land-use planning and foster an evaluation of its potential as an Activity Center. I I I I I I I I I South Naples Plaza tenants include: First Union National Bank, Wtnn Dixie supe .r!narket, Prime Time Video, Naples South Goin Laundry, Little Caesar's Pizza, Starm~ter Home Video, Eck- erd Drug and Photo, Florida Discount Liquors, Lely Gift and Cards, Golden Bowl Restau ,ra~, and Barnett Bank among others. Adjacent parcels along US-41 include: The Falls of Naples, a mixed- use, two-story structure; an office bu/lding; a 7-11 convenience store; a Starvin' Marvln~!$ervice station and convenience store; and miscellaneous strip-commercial structures. Additionally, much of the nearby commercial property facing US-41 from CR-864 southeast to CR-9S1 can be ~- terized as a mix of smaller commerOal strips and single-purpose business buildings, most of which are candidates for ertemive renovation or replacement. Many do not conform to present set- back and parking requirements and some are truly blighted, needing renovation and roof repair. To plan adequately for Its future development, the boundaries of Activity Center #I7 should be adjusted to follow the outline of its contiguous, commercially, zoned parcels. Activity Center/116 is close to achieving its full-development potentiai and no direct gov- ernment actions will be required to aid its further development. Of the 87.95 commerciaIly- zoned acres in Activity Center #16, a total o£ 75.73 acres, or 86.11 percent, have been devel- oped, including 903,743 square feet or general-purpose-government and comm~c~ hullings. A total or 12.22 acres, amounting to 126,282 square/'em, remain to be developed. Like other South Urban Activit7 Centers, it~ boundaries should be adjusted to include only its publlc-s~ce and commercially-zoned components. I I I I I I I Section III will forecast the demand in South Urban Collier County for new, sUPPortable retail-commercial for the area to the year 2005. Forecasts are based on population estimates re- ported in Section I and the Central Naples' and Golden Gate' PovulatJon ~ofile inforrnationin- cluded as Section V of this Market-Conditions Study; population profiles for Collier C,o~s seven urban plann.ing-commun~ districts are available for examination in the library of the Comprehensive Planning Section. Forecasting the demand for general cultural and entertainment facilities, repair services, and wholesale sales and services for the period 199S.2005 is beyond the scope of this analysis. Anaiysts forecasting the demand for general- and single.purpose office space should consult the forecasts for Central Naples' Traffic Analysis Zones rrAzs] published in the Urbarl ?krea ~ Study: Phase 1 Technica] Memorandum [March 16, 1994], under the head- ing 'Determining Gommercial Acreage and Employment ProJectJom" [Pages 8-14]. Section IV will make recommendations and conclude the analysis of Activity Centers #6, #?, #16, #17 and #18. 1 · '~ ' Last Naples/South Naples-Page llI-I RETAIL DE~L,kND FORECASTS i ' A retail ~c::'::~:-:'..foreca.~t ba~cl on population estimates provided by the Collier Court Comprehen~i, e -, Sect' ty · .~,~:":',:,,~ ~on reveals a significant increase m retafl-e enditure wnhtn the. E.~:~,~ ,.,~,.,.::: Pl~ning Community District II. DJ and the SoutTN. les I~:~tenttal c_o_rrespond~na i.ncr.~a.e in supportable commercial acreage in the two -lannt.---laP--l~-- ...... a~,d a 149.61 acres in 1986 to 449.73 acres in the year 2005. v ,,~ ,.,o-unurau~ zrom The a.qa'.y~i:~ o.~ rc. taiI demand in South Collier begins with population arid hous~h Id-size .P,.r_°i.e._ct_~°r'.~n'.ii"~ [:gm the U.S. Bureau of the Census' User. Detin~ Area Program d/~l for ~-~ year ~uvo. .~ rc',~.cticm for 1995-2010 are taken from the University of Florida's Bur ' l:.conomic and .r~.:, :~.'~s P,',,o.,--,- -', ........ , eau of ., ........... - ..... ,~,,-n lar. a~l rrua-range esnmate$. Per capita income data is u~nvea ~rom the UD,,\P. For the ' ~, also ....... period 1995-2005, per-capita.income estimates are ~scalated at a ~at~ o~.~ percent 7c: annum, compounded, to account for normal Inflation effects. ,. _ . ~ .- .....te~ are incorporated into a ~tep-by-step analy~i~ of s e foota required to ~a, is,,.., l~rec~te.~ .~ ......... cluar g iq=re-foot fvr ,--m~-..~,, f_.uf.a,~,uj_c~ ~e .r~.a. cai .cutauom are based upon actual sales.per- ~ ' .......... .,i,,~,-z uocumentea tot the year~ 1986 and 1995, and a densttv aeterminaticn r'~'.'v--,s~d a.s a '~ ' ~,'[i '" .... uovr-area ratio, or PAR, tO predict the commercial requirement/'or ,. :e £~t NapIes and the South Naples PCDs. -acreage In a~s~m,a :,'-,e ~£or and appropriateness of this analysis, the analyst should be mtnclful o two ~mportant definkiom,: f 1..~.alei Per S~u.a. re ]:oot: For 1986, determined to be $175.09 based ut)on tile total measurable sa~es for th.e,, year of $1,008,788,9S7 divided by 5,761,514 million sclu~ feet . ft. _of commercial spa~e ac~_ording to the 1988 Market ,n,4 r',-,,.,,,~e..~., , ._., ,.__ ,t. -]- Iici_` r 1995, sates pc, squa.m foot was oetermined to ~ t,~,)n ~., .... 7 2 . _ p g FO o . - . - .... ~ ~ i..anra .9'~e ;~rtl(:l~ a e 11-40. · ,--,- ,~--~.o~ acx::o~to CalClllatlons the Colher Coun-. Oom---~- ....... .., .... nlade by .... .: -- · u,~,~cm~ve t'lvmmng :~ecnon and ba~ed upon 1995 Collier COun me. muran~e saes cf I3.223,592,288 divided by 14,f94,655 fa:1. f. of commerra~ st)ace [Unincort~. porated Cou. ng.: 10,347,911 sq. ft.; City o/Naples: 4,246,744 ~ it ~. n~. .... --~_:,_.__'~ ~.. per square ~oot increased bv $4S ?~ ,.,,- ~ · ......... ..~....~ ,-.,-~ ,.~.~uaraor~ ozsales ,.,., ........ -- ........... · i~nr, rot trie lo-year period 1986-1995. ........ to 1220.87 m 1995, a sales-per-square.foot estimate of I220 87 is ,tm~..,~ years ~, ;ZOO0, and 2005. 17.26 percent in1986,"e~--p"r~'~z,~nr~fYo~:.~ ,nd_~ Land Use_Study to be: ~.z/zo ancl 0.1765 percent in 1990 The 'Co Count), Comprehensive Planntnv Section ,---~,-..~.,~.-.~ -,- ...... ' . llter Na'"les PCD in 199' . -_-y_ ,~,..~,,~,r~ m~ fait to De 16.26 percent for the East l., ~, or a ratio of 0.1626, and 17.85 percent for the ,~:nith Naples PCD, oria ratio ~Ifr~1179895i_ i~)~)~)h,e,,,apuorl~.~r~s,%_of.,t_hi, s,_ .a~. ?.is,.a _F~._Naples FAR of 0,1626 wtl~be utilized for the · , ,-.,.-, ,,.,.,,.,.~, anu a ~utn r~ap~es I~AR of 0.1785 for the same period. aha the ~:mth Naplei l~Ds tollows. B~"cause household ..... %] - -'-- ..... planning communities d,,~v,,,~ ~',,-,,-, .--- ,,---,-, .... -,~z~_ano Income aata Ior tim two materially different, independent calculations were made for~x:~,h East' for the period 1986.2005. Mar;:::.~: ':' :-'~ :'::-~'::7 £~t Naples/South Nrdle~$.Page IrI.~ ^ ¢,..-~.-~!,:e ~'~mmary of F~.~.st Naples and the South Naples supportable commercial acreage b~ ~:,;: ;c:ai-demand ca:',~latiorts for bmh planning communtttei i~ :~hown below: South Na~les Squnre Feet Land P, equired In Acres SOUTH COLLIER RETAIL DEMAND FORECAgT ,o.23 2 .as : eo.es ~9,3~ 77,6? 91 .~ 19~.52 222.3 9 33&.08 449.73 · 33.43~ *11.46% -51.1~ eM~2~ Total Acres 14~.$3 Percent increases lin S-year ina'ernents] Independent retail-demand calculatior~ for both the ~ Naples Ill'id the ~ Naples planning commun.ides follow. [Reserved for a comparative review of retail-demand dam from other PCD$] I I I I I I I I I I I I I I I I I Market-Conditions Study East Naples/South Naples. Page 1II.3 I COMMERCIAL LAND-USE DEMAND CALCULATION [1986-2005] E~timated Growth In the East Naples Planning Community District _~ 986 ,~ 990 ~ 2, o0o~ ~,oos Population Projections 16,430 19,649 20,107 25,755 29,7~ 30 Per Capita Income $14,196 $16,836 $19,518 $22,626 $26,~230 Occupied Dwellng I. hits 6,833 8,388 8,936 11,447 13,213 Per'sons Per Ho'.Gehold 2.40 2.25 2.25 2.25 2.25 Estimated Hc:x. aehold Incorr~ $34,133 $37,883 $43,9]6 $50,909 $$9,018 Ert~mated Resident Incorrye: $233,233,230 $317,745,828 $392,433,376 $582,755,323 $779,804,834 Retail Demand Forecast: Pro~.ected Retail Sales S112,851,404 $358,230,026 $195,432,567 $290,213,258 $388,344,289 ~'ermanentResidents $102,879,178 $140,157,685 $173,102,362 $257,053,373 $343,971,912 Seaso4-~l Visit~ sooo $9,972,226 $38,080,341 $22,330,205 $33,359,885 $44,372,377 Sales Per Square ~>ot $175.09 $1 75.09 $220.87 $220.87 $220.87 Supportable _Square ~et 644,530 892,284 884,831 1,333,955 1,758,248 Total sq. tt.[5% vacar~,] 678,453 936,898 929,072 1,379,653 3,846,161 Floor Area Ratio [FAR] 0.1726 0.1765 0.1626 0.1626 Land Required In Acres O.1626 ,90.23 121.85 131.17 3 94.79 ~60.65 ?,e~!den. t Acrea~e Requirements 82.06 :J 09.32- 116.1----"~ 1--?2.53 230.87 v,s;:or^c~eage ~equirerr~ents 8.17 12.53 14.99 22.26 29.78 NOTES:1 POPULATIC~: The estimate for 3986 wac derived froth TaJ::)l, ,~,;..l~~a___~.~ ~C_~omr'r~,daIL~,r~ ~e Sh~v.~pages 11-30 to 42, prepared for Collier County by Reynolds, Smith & ..... · t,,.~nj. ~ne ~ :~:~u PoPuat~on ~s-taken from'the I~el~;~lt~r~ldaC, t~eaUSu ~er~?e,...fi..~r~l_:_At.e_a., Pr,._C~J~_ _m LLE)AP],. Pr_o~e_c_t. ic~ .for 1995.2005 ate taken from the~ rarest ,-. ~.,-~ ,~ ~,~; m~ m~smess aesearc~ [UP_E,R] r'n~o-ratx:je estimates. DWELLING UNITS: An e~fn'~te calculated by dividir~j pcoiected population by pe~oc~.l:>er.tlo~ehold data from 1980 U.S. Cermas for 1986 and 3 990 U.S. Census data for the peciod 1 990 to 2005. us aata escmateo at a rat- -,~ = ...... -..__ '_'__ -- ---'- --: .. - ~ ,,.,~, -~o*zw3 is Pasco on 1990 · ~. ~NCOi~: An estimate calculated b,, ,~, ,~'~d~,,~,~-~"~-~~,'-, ~''~-"a _ ~.c~x~e., o¥ ~ ......~,,.~. ,,~, ~ ,o,u ,~--ame oy me ~ of dwerlincj cr~it~. RETAIL DEMAb~ C-.ALC3J.ATION: Acr~ ~ to s3tirfy forL. ca~ed r~tail den'm-~ is cik;u~ted ~ccc-.~ir~ to ~ .~s~ltnre foot° ~ F. Ioor Area Ratio [FAR]°°: sal~ ?v~o~ncj projected ~ale$ by s~l~ I~¢ ~ _~_re foot to c~ten-nir~ s~ocxx'table 32] ~Mu. !~,lying s~4::~x=ctable saua-e feet by ~ 05 to ,,-,-,,.-*, ...... square feet; ~,v,o,~,g t~ tota~ squ='e ~eet bv 43,~'60'and ~"~-d-' I~-"E---'-"Z~ -L-= _pe~.~.. t vacate., fact,,nd requirement for East Naples. · , ~ ,-~ r.~ r~uo tr~,~J lO aeterrnine the acreage ' SALE ........... DEFINITIONS' j: :~"t:~-br,.~AR~.~T: Determined to be ' · and Use -tud ~ ~-'~.~ re[a, ~ore space KVlarket and C .~-~ .,= a~u ua$ea upon ] 995 Collier County retail sales of $3-~23 59~ =,,~r~:a..e..~o?~?e ~ive. of corrmerc~al space. ~ , -,-~'~, u~v~c3eci Dy 14,3Y4,655 sq. I~. '~ FLOOR AREA RATIO [FAR]: Defined as the pe~.ent of lot covera , ~' the overall land area. Determined by the RS&H Study to be: 17-96 ~-nt inrati° of corrn'~-cial floor atea to · 1~86, or a ratio of 0.1726, and 17.65 map I ............ ~ ,= 7ca~ -'u'ou &'~ ;ZOOS. · *" SEASC~AL VISITORS: ' · · . 'l 1.43 percent of total arn.~l retail sales tct COlher L. ount,, ,,,.~ ,-~ m~s. ,.,,,,, o., .... ~ '._o~ represent '*' -'"' '~'"' ......... -, ~,~ v-.OrT'O'l$e ~.3/percent. .S~x'ces: Reyr'~ld$, Smith & Hills, hAar'ket and C~dal Land L.~e .~tu~¥. May '1988 -- ~' ~ ~ Pr6lect'orts, lufy ,, · Market-Condition~ Study Eaat Naples/South Naples-Page III-4 £as! Naples Pl~ Community DL~trict [PCD] per-capita, income estLmates for the period 1995-200S are derived from the 1990 Census User Defined Area Program. Per capita income data for the period escalated at a rate of 3-percent-per.annum and compounded, to account for normal inflation effects, yields the following: Y~ .Pa- ..Capita Esti'nate [$;] 1990 $J6,835.00 1 991 17,341.08 1 9~2 1 7,861.31 1 993 18,397.1 1 994 18,949.06 1 995 .19,51 7.53_ 1996 20,103.06 1 997 20,706.1.5 1 998 21,327.33 1 999 21,967.1 $ 2000 22.626~16 2001 23,304.94 2002 24,004.09 2003 24,724.21 2004 2oos Unincorporated ColLier County [.and .Use Inventory .Square_ ~t ~ Retail Sales 199.5 Repair Services 1995 Hotel/Motel 1995 Entertainment 1995 Total 1995 7,147,804 121,644 2,687,874 10,347,911 Collier County Total Land .Use Jqventor7 ~ Eeet .Developed Total 1995-1 995 14,594,655 City of Naples Lan_d Use inventory Retail Sales 1996 Re, tau-ant 1996 Hotel/Motel 19~ Lei~u-e 19~ Total 1 996 Sales Per Square Foot: $3,223,592,341 + 14,594,655 -- $220.87 S:xa-e Feet Develo~erl 2,738,033 256,969 1,1 34,278 317,464 4,246,744 I I I I I I I I I I I I I I I I I I ! Market-Conditiom Study East Naple, s/Sout h Naples-~ge IIi-5 COMMERCIAL LAND.USE DEMAND CALCULATION [1986.2005] Estimated Growth In the South Naples Planning Community District ~ ~8___C~ ]~o 3~s ,2.ooo Population Projections 10,11 9 12,614 15,771 Per Capita Income $14,676 Occupied Dwelling Units 4,004 5,496 7,1 04 9,491 Persons Per Hc~sehold 2.53 2.22 2.22 2.22 Estimated Household Income $37,130 Estimated Resident Income: $148,501,460 Retail Demand F~recast: Projected Retail Sales ~errr~nent Residents Seasoe~al Visitor Sales Per ~uare F~t S~portable Square Feet Total sq. ft.[5~ Floor ~ea Ratio L~ Requred In A~es esi~e? A~eage Requir~nts ~s~tor A~ea~e Requ~re~nts 21,070 $16,388 $18,998 $22,024 $36,381 $42,176 $48,893 $1 99,949,976 $299,618,304 $464,O43,463 $74,259,053 $65,503,994 $8,755,059 $1 75.09 424,117 446,439 0.1 726 59.38 52.25 7.13 ~005 24,322 $25,532 10,956 2.22 $56,681 $620,997,036 PC>PULATIO~ The estimate fo' 1 986 was derived from T~ble 11. -13,_, Ma~et ar',d Commercial .Land ~e Study, Ii-30 Io 42, prepared for Collier Counb/by Reynolds, Smith & Hills [P,3b~hlJ. lhe 1990 populat~o~ is taken from LU)n.S. E~eau of the _C_.;,er',sus' User-Defined Area Proc~am [UOAP]. Projections for 1995-200.5 are taken from~the latest werslty of Florida s Bureau of Economic and Bus~ness Research [BF. JBR] mid-range ertimates. DWELLINC UNITS: An estimate calculated by dividing projected populat~ by per~ot~-per-l-~ehold data frc~ the 1 980 U.S. Cerm.ts for 1 986 and 1 990 U.S. Census data for the I::~riod 1990 to 2005. · ~ I.~ ~.y,~, :~a-zuu~ ~s based on 1990 Census data escalated at a rate of 3 perce'~t per a~, compcx, r~ed, to acccx~t for norm~ inflation effects. HOU~HOLD INCOME: An estimate caJculated by multiplying per capita income by ~-per-ho~et-~ld. TOTAL II'~C)ME; An estimate calculated by multiplying household income by the ~ of dwelling units. ',-'~ %, uv~ ~e~ ano ~,~al LmnO Us~ ~ pages 11-37 and 38]. RETAIL ~ CALCU~TtON: Acreage required to $at~jt foreca~ed retail demand i~ calculated ac,~ording to per square foot' and F oct Area Ratio [FAR]°': ~l~s] Oividing projected ~)es by ~les per square foot to determine supportable square feet; ~., ~.~ncj ~e rma~ sq~re re~t by 43,560 ~ tt~ Floor Area R~tio [FAR] zo oetermin~ t~ acr~ r~qu~r~ment for Sc~th Napl~. · D6FINITIO(~: ; , '-t c-.~J g, ~;;~qglea retail ~tore space ~v~arket and C ' I ~a nd-Us e tu,..~-u~.d page I 1'40]. De termh'~ed to be $220.87 accordi,-~-, ,.~ ...,- .,-,:-~ __ L .... ~'lann~ng ~ect~c~ and based upon 1 ~5 Collier CcxJntv retail ~,~-"[' ~'~'~:,"~";~'~--rna~ge, p),..me ~-orr~er~ns~ve of corrrr~ercial rpace. -., ..... ,,.,,-~.~,a,,c,o,~/alv~aeo Dy 14,594,655 sq. ft. ~' FLOOR AREA RATIO [FAR]: Defined a~ the percent of lot ?~v.,,e?ge, or ~ .ra_tLo. of corrr'ne~ial flooc area to overall land area. Dete~nined by the RS&H Stod.v 1o be:, ~.xo i~rcern ~'11 !~6, or a ratio o! 0.1726, a.qd 17.65 for So~th Naples I 1 i . ou.ze~ ~or ~ years 2000 and 2005. "'SEASONAL VISITORS: Derived from a 'Retail Expenditt~ Analysis' estimating retail expenditures made by the 11.43 percent of total I ' ,.~. p. ~.~pm~rr~n! or ~..__o~_ rce, I:~'ea.u of tl~ Census ,Us~'*~efined Area m. 19 ~Llnwer~ty of Florida, I~r~,u of Eccx~rn c ~ 13~ir'~s~ ~m 90 ~..oll~r ~ounty Coml:x-~ve Pl~nn S~ct abon ~ ~ u:xq, popul ' J~rt'rnate~ and ,pr0i~io~' July 1, 1 $99,575,468 $149,210,485 $231,094,527 $309,257,704 $88,197,934 $132,161,634 $204,689,572 $273,921,793 $11,377,534 $17,048,851 $26,404,955 $35,335,911 $17.5.09 $220.87 $220.87 $220.87 .568,710 675,5.58 1 ,O46,292 1,400,180 5 97,146 709,336 1,098,607 1,470,189 0.1765 0.1 785 0.1785 0.178.~ ?..7 ~67 91.22 .1 41.29 _189.08 68.79 80,80 125.15 167.48 8.88 10.42 16.14 21.60 Market-Conditions Study East Naples/South Naples;Page III-6 South Naples Planning Community District [PCD] per-capita-income estimates for the period 1995.2005 are derived from the 1990 Census User Defined Area Program. Per capita income data for the period e~calated at a rate of 3-percent-per-antrum and COmpounded, to account for normal inflation effects, yields the following: Year pe,' capita Es-timate_ [.[ 1 990 $] 6.388.00 1 991 16,879.64 1992 17,386.03 1 993 1 7,907.61 1 994 18,44~4.84 1995 ]8.998.19 1 996 19,$68.14 1997 20,155.18 1 998 20,759.84 1999 21,382.64 2000 2001 22,684.84 2002 23,365.39 2003 24,066.35 2004 24,788.34 2005 25.531 39 Unincorporated CoIller County ~ Us__~e _/nventory_ _Sc~re Fee_._! ~veloped Retail Sales 1995 Repair Services 1995 Hotel/Motel 1 995 Ente~ainment 1995 Total 1 995 7,147,804 121,644 2,687,874 390.589 10,347,911 Collie- County Total Land ~ Inventory_ ~____F-eet ~ Total 1995-1996 14,594,655 City of Naples l,. _.l _.l.nvento ry Retail Sales Hotel/Motel L~i~ 19~ Total 19~ 2,738,033 256,969 1,134,278 ] 17.4~4 4,246,744 Sales Per Square Foot: S3,223,$92,341 + 14,594,655 ,: $220.87 I I I I I I I I I I I ! I I I I I I I Market-Conditions Study East NapIes/SouthNap - age I~-I SOUTH COLLIER ACTMTY CENTERS Section IV examines East Naples/South Naples Activity Centers, a designation to further unified land uses by mear~ of inter-connected access, improved traffic circulation, and enhanced development standards that meet desired commurdty standards. Activity Centers in South Urban Collier County are located approximately 3.0 miles apart along its urban arterial roadways. To ac~eve a proper balance of la.nd uses unachievable in the typical linear pattern of commer~al development, individual Activity Centers require the application of stan~ based upon their unique locat~onal and environmental features. The five analyzed Activity Genters lc~.ated La whole [4] or in part [1] in the F-asr and South Naples Planning Community Districts [PCDs] were designated by the Board of County Commi.ssioners to accommodate concentrated land uses and promote good urban design. As discussed previously, an Activity Center designation furthers efforts by property owners, local residents, existing businesses, owners of undeveloped adjacent properties, ~ County planners to create land-use overlays providing for u~form arch~ectural, design a.nd landscaping standards; the plarmed placement of structures in out-parcels; internal and external pedestrian and traffic standaa-ds; and incentives to adhere to these standards. Incentive~ can include a reduc- tion in paring and open space requirements, and/or an extension or modifrcatton of the bound- aries o£ an Activity Center. Implementation of the Activity~7.~enter Concept ~ Background: According to the Activity Center Issue Paper 'the current Mixed-Use Activi- ty Center concept evolved from the Regional/Urban Design Assistance Team [RUDAT] Study" prepared in April, 1987. The concept was further refined and recommended for use La Gollier Count3' by the 1988 Market and Commercial Land Use Study. The 1988 .Study concluded that the ultimate test to demorm-r-ate the need for cormmer~ land Ls provided by meara of a market-demand calculation of how much comm~nl space, ex- pressed in square feet and acres of land, can be supported by Collier County's poI:n.gation over th-ne. It recommended that a market-demand calculation in support of new la.~-use desigrmtion~ be conducted. Determinations of the future need for commercial space by anticipating market demand are based, primarily, upon forecasts of the permanent ~ion provided by Cc~Lier County plarmers. Section III provides a calculation of market demand for the East and South NapIes PCDs. It established that South Urban Collier County's population and dbcretionary-income increases will provide sufficient mazket demand for additiorml development of presently-zoned commercial acreage in the subject area. [See pages III.3 and III-5]. Section I established that an improved roadway network is available, or will be provided, with sufficient capacity to support proposed development Objective: According to the Activity Center l.ssue paper, 'the acxual mix of the various land uses in Activity Centers shall be determined during the re. zoning process" ~ on factors discussed previously. Market-Conditions Study East Naples/,~;outh Naples-Page IV-2 The Activity .Center Issue Paper recommends that "for those Activity Centers that are greater than 50-percent developed, create overlays for the quadrants within the centers that are not developed and encourage retrofitting of existing development to meet the overlay concepts.~ ALso, 'the overlay should Include guldelLnes that describe a range of oFlflor~ for reha- bilitation or new comtructlon~; and, "guidelines should be accompanied by appropriate incen- guidelmestives to increaSeare followed."their effectiveness, such as a reduction in parking space requirements if the A concluding recommendation mggests "for those Activity Centers that are less thzm 85 per- cent developed, coordinate with the property owner~ to develop a Master Plan that will deter- mine a mix of uses, intensity of commercial development, orientation of building~, unif°rm archi- tectur-al and landscaping standards, placement of outparcels, enhanced landscape and buffer re- quirements, and a traffic circulation plan that will address through traffic and internal acce~ be- tween developments and quadrants." An anaJy~is of the compatibility of the site features of proposed land uses with surround- mg development and man-made and natural constraints B necessary in order to acconu-aodate reasonable, coordinated development of those properties adjacent to and contiguous with Collier Count)'s South Urban Activity Centers. Startts of Commercially-Zoned Land Fast Naples/South Naples Activity Center~: Detailed map exhibits of Activity Centers #6, #7, #16, #17, and #18 accompany t2m narrative. One subject Activity Center [#16] is 86 percent developed and therefore no longer a likely' can~date for maSter-plan development. However, some retrofitting of existing development to to incorporate uniform design and lan~capLr-tg standard~ ts worthy of comideration. Another Ac- tivity Center [# 18] is more than SO-percent developed for commercial purposes, making it a can- ~ciate for ma~ter-plan development that will foster a desired mix of use~, tntemity of commer~_'a! development, orientation or reorientation of bu.Udi:~, uniform amh.itec~ml and L~"~c~caping standards, development or redevelopment of outparcels, enhanced la.n~ and buffer reCluire- ments, and a traffic-circulation plan addreasi.ng through traffic and Internal access between devel- opments. Tha'ee of the subject Activity Centers [#6, ~7, and #17] are less than $0 percent devel- oped. Hndtn~ ~nd Recommendation_~ L Finding:. Capacity improvement to US-41 in East Naples from the Naples city limits to ALrport-Pulling Road [CR-31] will provide opportunities to addre~ land-use concerns along that 1.5-rmle road segment. An Activity Center c~igrm~on for the subiect area may be called for to facilitate revitalization plans. Recommendation: Establgh a plarming agreement with the City of Naples to further efforts to better integrate and upgrade the County's southwestern 'gateway" into Naples by adopUng and implementing a unified plan for the area's revitalization foUowing a joint CountT/City study of propot.'rls to revitalize the area. I I I Market-Conditior~ Study East Naples/South Naple~-Pd'ge W-3 2. Finding: Because South Naples' Activity Centers are comprised of four, forty-acre quad- rants only, early development of some quadrants has left interrelated la. nd-use problems unre- solved that may lead to inadequate internal-roadway acce2 between adjacent comm~ devel- opments. I I I I I I I I I I I I I I I Recommendation: A site-specific approach should be adopted for determining the boundaries for all South Urban Activity Center~ that wig a.~sLs't planners and foster flexibility in re~olmng compatibility and buffering problems; a related objective should be to further pedestri- an, bike, and automobile acce~ to the goods and services provided by merchants thrcrughout the subject Activity Center~ #6, #7, #16, #17, and #18. 3. FLnding: Due to their geographic location, certain Activity Centers represent 'gateways' into Col]aer County. When fully developed, Activity Center #9, an I-7S Exit 1S Activity Center, wLU depic~ Collier County's aesthetic, environmental, and pubLic-service standards to the travel- lng public and to local residents. Also, the "gateway~ area east of Isle of Capri Road in Activity Center #18 remains largely undeveloped and unevaluated by criteria proposed in the ~tivity Center Issue Paper. Recommendation: A careful evaluation of Center #18 should be undertaken in ~ timely manner to determine the present development plans, if any, of its property owner's and their interest in coordinating their activities with others in order to: Evaluate the appropriateness of the existing boundaries of Activity Center #18 toward the objective of including all of The Lely Re.sort's contiguous commercial parcels within The Lely Resort's southeast quadrant; Create workable mechanisms to further the integration of undeveloped C-2, C-2ST, C-3ST, and C-4 parcels located east of Isle of Capri Road [sR-gSllCR.gS1] into a unified plan for this mixed-use Activity Center; Achieve agreement regarding a unified land plan for Activity Center #18 before comple- tion of the capacity improvements to US,il that are detailed in Section I; and Reconfigure the boundaries of Activity Center #18 to include its contiguous, site-specific areas only. 4. Find,inK: The bounciary line~ of the presently-designated Cent:r-al Naples and Bas*, Naples PCDs no longer relate well to the pattern of commercial and residential development in the area. Recommendation: Plarming-c..ommunity dLstrict l/nes in Collier County's Urban Com- mercial District should be remapped ~ a fashion that: a. Utilizes existing Traffic Analysis Zone [TAX] boundary lines; b. Maintains individual Activity Centers as intact entities undivided by I~D boundaries; c. Maintains large PUD~ and DRIs intact, to the greatest degree po~ible; ct. Incorporates the City of Naples into the planning-community-district system; and e. Completes the proposed remappfng during 1997 in time for inclusion in the Ce~us' enumeration and reporting for the year 2000, I I I I I I I I I I I I I I I I I I 12Al GENERAL OFFICE BUILDING LAND USE The Collier County Bufidout Study (March 1994] addressed the employee-per, acre [EpAI rate for retaLl and office land uses {See Table 3, page 13] and established an average rate of 24.5 employees per acre for an array of land uses that includes: Office Park. 30.5 EPA: Business Park. 25.5 EPA: General Office Building, 27.9 EPA; Government Office. 34.9 EPA; Retail Center; 15.5 EPA: and Discount Center. 13.0 EPA. The 1988 Market and Commercial Land Use Study estimated an employee-per, acre rate of 50 employees, or 50.0 EPA. for typical office land uar. a in Collier Count>,. At buildout, the 1994 Bufldout Study projects total employment for Collier County's Urban Area at 145.038 persons, represent:lng 32 percent of the estimated bulldout population a~'ound the year 2025. Further. the Bulldout Study employs an average of 25 employees per acre. °r 25.0 EPA. In project_lng the County's future combined retail and office employment. To calculate the number of acres required to accommodate a 145.038-person workforce. dl~qde the total by 25 employees per acre: this yields a requirement of 5.801.32 acres for the County's urban area. For purposes of this analysis, it is necessary to approx:lmate the percentage of the total workforce that ma3' be employed In free-standing office buildings. Persons employed in the Standard Industrial Classification [S1C] employment category Fin,.nee, Insur~uce, ~.nd Re. al Estate WIRE] are. traditionally, the largest users of office 8pace. Although other employment categories are significant users, their overall use of free-standlng office space Is relatively less than the FIRE category. Traditionally those employed by Finance. Insurance. and Real Estate establishments represent approximately 10 pement of the County's work force, accordln~ to an 'Economic Indicators' analysis conducted by the Comprehensive Planning Section In 199:5. To avoid overstating the number likely to be employed in free-standing office buflddngs In the year 2025 it is recommended that the analyst use an office.W°rker estimate of half of the FIRE categor3,"s 10 percent of the County's Workforce, or 5 percent. To calculate the number of acres required to accommodate 5 percent of the workforce. multiply the total of 5.801.32 acres required to accommodate an urban a,rea workforce of 145.O38 persons by .05: this yields an aggregate total of 290.07 acres for all general office uses In urban Collier County,. including all present structures. Because an employee-per-acre rate of 50.0 EPA applies to typical office land uses in ,Collier County. twice as many persons as the average of 25 employees per acre in projecting!future combined retadl and office employment, some downw-ard adjustment wlll likely be required In the overall estlmate of 290.07 acres for current and future general office use In Collier CoUnty to the time of butldout In about the year 2025. I I ! I I I I I I I Market-Conditions Study: Appendix East Naple. s/.Sou_th Naples Mark.et Analysis: Activity Center Map Exhibits I I I I I I I I I i I I I I I I I I I I I I IIIII III IIII II II II II I IIIIIF~ iii I I I I I I I I i i I I I I I I I I I I I I I I I I I I I I I I I I I I I I t.-- u 12A[' H I I I I I I I I I I I I I I I I I I 12AI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I 9J-5.0062. Planning for revital~ling urban areas. (1) Purpose. The purpose of this section is to maximize the use of existing facilities and services by defining urban revitalization areas and to support urban revitalization with goals, objectives and policies which include strategies that will maximize the use of existing facilities and services, promote public transportation, provide affordable housing, and provide for the revitalization of urban areas through urban redevelopment and urban infill development. The.goals, objectives and policies shall be supported by data and analysis, and the land development regulations shall be revised to be consistent with them. (2) Administration of urban revitalization provisions. (a) The provisions of this rule regarding urban 'revitalization shall be applicable to all counties with a 1992 population, of 35,000 or greater in its unincorporated areas, and all municipalities with a 1992 population of 5,000 as determined' by the official estimates from the Executive Office of the Governor. For all other jurisdictions, it is optional. (b) The Department shall adopt by rule a list of local governments to which these provisions apply and notify by certified mail each local government to which these provisions apply. (c) The substantive standards in these rules shall apply to all plan amendments adopted after the effective date of this rule. (d) The Department shall use the mitigating factors provided in subsection 9J-5.002(2) in applying the data and analyses requirements, and the goals, objectives and policies requirements, of section 9J-5.0062 to counties and municipalities with relatively low populations. (e) Local governments may amend their plans at any time to take advantage of the provisions of (6),and.(9). However, all' local governments required in subsection (2)(b) shall have adopted plan provisions to carry out this rule no later than the adoption date of the plan amendment adopted by each local i governnent in relation to its evaluation and appraisal report. (3) Optional inclusioD ~s ~eparate element. The urban revitalization provisions may be included as a separate plan element or included as part of the Future Land Use Element, at the option of the local goverr~ment. (4) Methods'of urban revitalization. Local governments may exercise flexibility in the application of provisions of this chapter in an effort to secure urban revitalization. Strategies such as increasing densities and intensity of use, changing or 7 13,Al lowering level of service standards and changing capital improvement funding priorities may be utilized in urban thrill areas, and special assessment districts may be set up in such districts, if they will lead to urban revitalization and the maximization of the use of infrastructure and services. (5) ADDlicatioD. Goals, objectives, and policies shall achieve overall consistency with revitalization and infill strategies. (6) Urban revitalization amendments. The DeparTn:ent shall expedit~ the review of plan amendments intended to promote urbmn revitalization proposed by local governments as follows: a. As$iqnment of D~p~rtment personnel. At the request of the local goverrument the Department shall assign technical assistance personnel to the local government to render advice and assistance on the proposed amendment. The technical assistance personnel shall be assigned at the time of the request, and local goverm~ents are encouraged to make the request while the proposed plan amendment is being formulated and before initial submission to the Department. b. Coordination ~QD~ a~en¢ies. At the request of the local government, the Department shall act as coordinator on behalf of the local government with any other local, regional, state, or federal agency to expedite review of the amendment. (7) Data Re~uirements Where not otherwise already included in the comprehensive plan and where required to support goals, objectives and policies, the data requirements shall include: (a) An identification of the area to be examined for ~rban redevelopment and urban infill development. (b) lots. An identification and map of vacant and u~derdeveloped (c) Identification of historic structures and spaces. (d) A comparison of the densities and intensities of existing development with the potential future land use, densities and intensities. (e) A survey of existing infrastructure including condition, capacity, and projected replacement date, taking into accountlany. changes in the types of land uses and demographics that impact facility availability. At a minimum, local, county and state roads, public transportation, potable water, sanitary sewer, storm water management, solid waste, schools, recreation and open space shall be surveyed. 8 (f) A determination of unused infrastructure capacity, including unreserved or uncommitted capacity of existing infrastructure, and potential for upgrading and expanding capacity~ (g) An identification of problems and opportunities for revitalization. (8) Analysis retirements.' The analysis should include a consideration and selection of strategies to be used by the local government in implementing its urban revitalization program. Strategies may include: I ! I (a) include: Approaches directly affecting'ravitalization areas maT· 1. Amenities and enhancement approaches, such as green space, landscaping and street furnttLLre, signage, street lighting, off-street parking, shopper transit, separate pedestrian routes, architectural controls. I I I I 2. Legal, clearance and redevelopment approaches, such as establish downtown development authorities, industrial development corporations, land banking corporations, parking authorities, use of eminent domain for land assembly, infrastructure expansion, street vacation, .relocation assistance. 3. Economic and subsidy approaches, such as land writedowns, and loans and grants. 4. Taxes and financing approaches, such as tax writeoffs, development bonds, special assessment districts, federal grants, and tax increment financing. 5. Higher density and intensity approaches, such as higher lot coverages, zero lot line, conversions to multi-family, density bonuses, mixed uses, transfer of development rights, reducing on-site parking requirements, and accommodating stormwater management off site. 6. Flexible level of serwice (LOS) standards approaches, such as lower LOS standards for roadways, transportation concurrency management areas, reduce or waive park and recreation LOS standards, more flexible application of concurrency requirements. (b) Approaches indirectly affecting urban revitalization areas may include: I I 1. Complementing urban containment strategies, discouraging development on the urban area fringe, which may include: a. Economic approaches, such as true cost pricing. 9 .u.r~. an ~rzn~.e ~... de.lay %'in?'infrastrmcture · rznge, :' an~ ~eve±opmen~; caps. ' ......... '~' (c) The analyses shall include the evaluation of the extent to which the urban revitalization area plans and implem'entation Set.ra.te, gies are .consi. stent with the other components of the xz.s~.in.g com?r.en, enslve, plan. ~.hek'.' .urban'~revital~at!_q.n~;.~._e_a~plan ._ ~.~ ..... ~t~. ,-.~, ,~..~ a ~. _u..~ ~....~....m a..z...a~, c.e.~ p e~w e en , ufo an ~revi.ta]~_= a_tion ~u,.znzz±±, . lnc±uGlng .~urban.~.containmkhtT,~and ~T_he~local, ~ ,~- · . anc.za.'l,~feasib'il'ity~ Zach urban revitalizatio~'" , area plan shall address how much plan achieves consistency with chapter 163, part II, the state comprehensive plan, and the regional policy plan. (9) Goals, ob~ective and Dolicig~. Requirements for urban revitalization goals, objectives and policies: (a) One or more goal statements which establish the long-term end toward which the urban revitalization programs and activities are ultimately directed based on long-term conditions. %(b) One or more specific objectives for each goal statement which address the requirements of Paraqraph 163.3177(11), Florida Statutes and which based on local conditions provide for: Ill' Designating on the future land use map or map series one or more urban revitalization areas, for example, central business districts, inner city residential areas, infill areas, redevelopment areas, and the designation of land uses and densities and intensities of use within these sub-area plans. ~ Urban revitalization and the maximization of existing facilities and services. Provision of affordable housing. 4. Protection of historic structures. 5. Provision of public transportation. (c) The element shall contain one or more policies for each objective which address implementation activities (strategies an~ I techniques) based on local conditions which: areas. Public implementation strategies such as: I Concentrating capital improvements in urban revitalization 10 II ~': Providing incentives such as impact fee adjustments, density bonuses and service enhancements to developers of revitalization projects. ~: Providing a streamlined permitting process for urban revitalization projects. I I I d. Directing major public or public-private facilities such as transportation, recreational and cultural attractions, parks, government office buildings, and educational buildings to urban areas. e. Centralizing commercial, governmental, retail, residential, and cultural activities within downtown areas. Public-private partnership strategies. Private sector implementation strategies. I I I I I i I I I I I I I I ! I I 9J-5.003. Dmfinitions. ( ) "Area-based allocation" means a land use planning technique which is intended to allow development, as measured by a quantity'of lots, parcels, and tracts, in rural areas consistent with its rural character without applying specific densities to specific parcels. This allows for flexibility in the size and location of individual lots and developments. This technique does not preclude the need to address suitability, compatibility, functional relationship, and the efficient use of adequate facilities and services. This technique is most appropriate only in very slow growth areas. ( ) "Clustering" means ~ ( ) "Downtown revitalization" means t_he physical and economic renewal of the central business district of a community, and includes both downtown development or redevelopment. ( ) "Edge city" means a co~unity located at t_he border or line of delineation between an urban gro%~ch area and the proximate rural area of a jurisdiction and which is of sufficient size to support a mixture of housing, work places and services and which is part of a planned form of metropolitan growth. I I i I I I I ( ) "Mixed-use Development" means ( ) "New to~n" means ( ) "Open space" means land that is either undeveloped or is relatively free of buildings and other stl-uctures. Open space is a positive attribute and preserves ecologically important natural environments, and helps to shape urban form and limit urban growth. For purposes of section 9J-5.014, "open space!' means undeveloped lands suitable for passive recreation or conservation uses. ( ) "Public facilities and services" means local, county and state roads, potable water and sanitary sewer treatment facilities and transmission lines, solid waste, storm water management -- systems, public schools (K-12), recreation facilities and parks, libraries, emergency response services, law enforcement services, general government, fire stations and vehicles, public transportation facilities, and public health care facilities. ( ) "Rural Activity Center" means ( ) "Rural Area" means ( ) "Rural Village" means ( ) "Satellite tovn or community" means a discrete outlying co--unity separate from, but related to, the urban core, which is 12 located around but some distance from a central city. These communities serve as bedroom communities, use cultural facilities, or are otherwise functionally related to the central city. Patterns incorporating these communities are distinguished from sprawl by the presence of open space or wery low density development between co~unities. ( ) "Sector planning" means planning that is a more detailed plan for a defined planning area than the adopted local government · comprehensive plan, is consistent with the comprehensiYe plan, and otherwise meets the requirements of this section. ( ) "Urban infill" means the development of vacant parcels i otherwise built-up areas where public facilities such as sewer ~ systems, roads, schools and recreation areas are already in place or are readily accessible. ( ) "Urban redevelopment" means the development of under' utilized or vacant parcels in otherwise built-up areas to change the physical face or form of the city because of economic decisions, political or administrative action or in the aftermath of a natural disaster. ( ) "Urban revitalization" means the process of revitalization of a city through such activities as urban redevelopment, urban infill development, beautification or I amenities enhancement, or other similar activities. ( ) "Urban village" means a planned, self-contained communit~ of sufficient size to support a mixture of housing, work places and services and which is part of a planned form of metropolitan ~ growth. ( ) "Urbanized area" is a statistical standard used by the I Bureau of the Census that describes an area containing a minimum of 50,000 people at a.density.of at least 1,000 persons per square mile (386 per square kilometer) but including some less densely ~ populated areas within corporate limits. 13 Note: !21 10 11 13 14 15 16 21 22 25 27 33 29 30 17 18 19 23 24 39 31 32 34 Table Appendix A-1 (?0LLIER CQUNTY COMMERCIAL LAND-USE CATEGORIES Three.git numbers refer to .Flgrida Land USe and Cover Classification System, Two-digit numbers refer to.C. ollier County PropetW Aovraiser's Land LI~ Codes and lFloricta .Department of Revenue lEK)R) Codes. Retail $ale~ and Sen'ice Vacant Commercial Stores Depanaznt Stores Supermarkets Regional Shopping Centers Commurdty Shopping Centers Restaurants, Cafeterias Drive-Ia Restaurants Repair Service Shops (excluding Automotive) Service Stations Automobile S~¢.s (1:213) Nightclubs, ~1 Lounges, Bars Wholes,le Sale~ and Services Wholesale Outlets, Produce Houses, Manufacturing Outlets Florists, Green. houses Office and Profession~tl Services Office Buildings (Non-professional, one-story) Office Buildings (Non-professiottal, multi-slory) Professional Services Buildings Financial Institutions ('Banks, S&L's, Credit Services) Insurance company Offices ~otel and Motel Hotels, Motels Cultural and Entertainmenl Drive-In Theater, Open Stadium Enclosed Theater, Auditorium Bowling Alleys, Skating Rinks. Pool Halls, Enclosed Areas Tourist Attractions, Permanent Exhibits, Other Entertainment I I I I I I I I I I I I I I I I I I TABLE FLUE-3 1986: Land Use Inventory for Commercially Zoned Areas of Collier County (Prepared in 1986) Total Total Total Total Planning Commercial Developed Undeveloped Commercial Community Acres Acreage Acreage Built SQ. FT. North Naples 819.65~ 183.48 636.15 1,042,718 Central Naples 424.21 173.41 250.80 716,842 East Naples 769.81 288.02 481.79 1,522,529 South Naples 480.87 56.45 424.42 208,719 Golden Gate 399.51 31.19 368.32 236,329 Marco 493.57 140.21 353.36 715,551 Urban Estates 253.39 70.99' 182.40 8,919 I m mokalee 495.57 140.08 355.49 703,636 Rural Estates 106.16 5.46 100.70 3,251 Corkscrew 9.25 9.25 0.00 2,378 Royal Fakapalm 182.04 6.18 175.88 22,694 Big Cypress n/a 3.37 n/a 6,001 Total' 4,434.03 1,108.09 3,329.31 5,189,567 Source: Market and Commercial Land Use Study, 1986 1995: Land Use Inventory for Commercially Zoned Areas of Collier County (Prepared in 1995) Total Total Total Total I planning Commercial Developed Undeveloped 'Commercial Community Acres Acreage Acreage Built SQ. FT. North Naples 1,214.57 856.18 358.39 3,454,847 Central Naples* 374.84 249.44 125.40 1,607,760 East Naples 634.87 410.62 224.25 3,360,388 South Naples 788.73 175.31 613.42 684,221 Golden Gate 447.50 145.60 301.90 1,004,852 Marco 343.41 198.26 145.15 2,303,216 Urban Estates 373.80 51.80 322.00 268,824 Immokalee 343.27 267.92 75.35 1,053,620 Rural Estates 169.27 21.21 148.06 102,817 Corkscrew 44.82 40.04 4.78 10,515 Royal Fakapalm 194.14 102.21 91.93 98,700 Big Cypress 17.07 8.05 9.02 25,777 Total: 4,946.29 2,526.64 2,419.65 13,975,537 Source: Collier County Commerdal Land Use Inventory, 1995 and Collier County Property Appraiser, 1995 *Total commercial acreage is lower In 1995 due to annexation by the City of Naples. NOTE: Property zoned for commercial may not include property developed as commercial. JJJ 18c I I I i ! 12Al 0000000000 O0 ZZZZ CCCCCC 888G 0 0 0 r- I I I I I I I I I I I I I I I I I I I 0 ? ? 'o 'D C C Z "13 12Al ~ C C C ~ C C C C C C C o o o o o o o o ~ ~ E ~ I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I i m lira I 000 ~ O0 III III II II III mi mi i m~ Z~ ~ ~ ~ Z Z 2:: ~: Z 2: Z Z :" 2: ~ ':,' Z ..... ~.. 000000~ I I I I I I I I I I I I I I I I I I Z Z ~ Z Z Z Z Z Z Z Z 12, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . ~.~~ ......... ~..~ m m ~ m m m m m ,o .o m cZ~ZZZz 00000~ CZZZZ ~ooooo m iii iiii ii i 222 ~ m m m .a.a~ o ~ ~' 0 0 0 0 0 0 OD nlm o o I I I I I I I I I I I I I I I I I I I C ~ C C II I I I I I I I I I I I I I I I I I N . cc . ! m m m m m m roll I I I I I I I I I I I I I I I I I I I APPENDIX D ~_2~1 URBAN BOUNDARY STUDy PRESENTED TO THE BOARD OF COLLIER COUNTY COMMISSIONERS GROWTH PLANNING DEPARTMENT DECEMBER 9, 1988 STUD AREA DY ,REA I 1 0 1 Nfl. 2 I I I I I ! I i I I I I I I I I I I TABLE OF CONTENTS Summary Existing Conditions - Study Area One A. Land Use/Land Cover B. Zoning C. Demographics D. Soils E. Infrastructure/Existing Conditions 1. Water Management 2. Potable Water Supply 3. Sanitary Sewer Facilities 4. Transportation 5. Regional Park III. Existing Conditions "951 Fringe" "Southeastern Tail" A. B. C. D, E, Study Area Two Land Use/Land Cover Zoning Demographics Soils Infrastructure 1. Water Management a,) Seminole Park Outlet Basin b.) US 410utfall Swale No. 1 Basin c.) US 41 Outfall Swale No. 2 Basin Page No. 1 7 7 7 14 14 16 , 16 18 20 22 26 28 28 28 29 29 3O 3O 3O 31 31 12AI IV. o Potable Water Supply Sanitary Sewer Facilities Transportation Problem Issues: A. Infrastructure 1. Bo Urban vs. Rural Land Uses Study Area One "951 Fringe" a.) Potable Water b.) Sewage Treatment c.) Roads d.) Water Management Study Area Two a.) b.) c.) d.) "Southeastern Tail" Potable Water Sewage Treatment Roads Water Management Urban Sprawl 1. Cost of Infrastructure 2. More Urbanized Areas Needing Infrastructure 3. Affordable Housing Environmental Issues 1. Impacts of Drainage on Estuarine Systems 2. Hurricane Vulnerability 3. Relationship Between Suitability of Soils and Self Provision of Facilities 32 33 34 35 35 35 35 37 38 39 41 41 42 43 44 44 44 45 46 46 46 47 48 ii I I ! I I I I I I I I I I I I I I I Vo Policy Alternatives A. Residential Density Urban Densities Allowed Under the Density Rating System (DRS) in the Proposed Growth Management Plan 3. Transitional Deusities Affordable Housing Capital Improvement Financing: Rural Density of 1 Unit Per 5 Acres 2. 3. 4. Stormwater General Revenue Fund Special Assessment Districts Stormwater Infrastructure Fee Developer Contribution MSTD's VI. Recommendation Ao B. C. D. Residential Density Affordable Housing Water Management Infrastructure Costs Existing Zoning and Development iii 5O 5O 5O 51 51 51 52 53 53 53 54 55 55 64 65 66 LIST OF MAPS Map Map 1 Map 2 Map 3 Map 4 Map 5 Map 6 Map 7 Map 8 Map 9 Map 10 Map 11 Map 12 Map 13 Recommended Maximum Residential Densities Location of Study Area Generalized Land Use/Land Cover Generalized Zoning General Soil Associations Preliminary Water Management Basins Areas Served by Central Potable Water Facilities Areas Served by Central Sewage Treatment Facilities Existing Traffic Circulation Map Number of Lanes Future Traffic Circulation Map - Year 1994 Future Trafficways Map - Year 2015 Hurricane SLOSH Zones, Hurricane Evacuation Routes and 100 Year Flood Elevation Initial Staff Density Recommendations Recommended Maximum Residential Densities Page No. 3 6 8 13 15 17 19 21 23 24 25 27 56 63 iv I I I I I I I I I I I I I I I I I Summary Background The Growth Management Act of 1985 requires that all local governments redevelop their Comprehensive Plans under expanded guidelines. Collier County responded to this mandate with a two year effort that has yielded a proposed Comprehensive Plan that was submitted to the State of Florida for preliminary review in August 1988. An issue that was not satisfactorily resolved in the planning process is the appropriate size of the western coastal Urban Designated Area and location of its boundaries. After much discussion, the Collier County Board of County Commissioners directed that this Urban Boundary Study be completed to evaluate the Urban Designated Area one mile east of CR 951 and east of CR 951 and US 41 extending to Collier - Seminole State Park. The recommendations were to focus on three major issues: 1. Blending of uses between urban and rural; 2. Provision of affordable housing; and Responsibility for funding of water management infrastructure. Recommendation The leading recommendation of this report is that maximum residential densities be limited to 1 unit per 2.5 acres and 1 unit per 5 acres as indicated on the map which follows. The rationale for this recommendation is summarized below. There is a need for close coordination between existing and planned land uses and existing and planned public facilities that coordination is lacking in the study area; o There is a need to concentrate investment in public facilities in areas elsewhere that are developed or developing; o There is a need to contain urban sprawl the study area is far removed from existing developed areas: A large portion of the area is subject to high hurricane risk; o Some soils in the area are not suitable for a high concentration of septic tanks and private wells; I I I I I I I I I I I I I I I I I I There is a need to protect agriculture in the area from urban encroachment; 10. Urbanization of the study area would have an adverse effect on road network capacity problems on US 41 East; There is a need to protect natural resources - over 50% of the land one mile east of CR 951 is wetland, the other portion of the study area is just upstream of Rookery Bay and the Ten Thousand Islands; Land use commitments are minimal in the study area at this time; The study area is in a watershed which is problematic and lacks a multiobjective water management plan; and 11. The following agencies have recommended a rural classification for the study area: South Florida Water Management District, Department of Natural Resources and Department of Environmental Regulation. Organization of Report This Urban Boundary Study has utilized two study areas due to the distinctive characteristics. The first section of the study is an inventory and description of existing conditions including land 4 I I I I I I I I I I I I I I I I I I I 12AI use/land cover, soils, zoning, demographics and infrastructure. The second section addresses urban planning, infrastructure and environmental issues by comparing the impacts of rural and urban land uses. Policy alternatives for residential density, provision of affordable housing and infrastructure costs are outlined in the third section. Finally, policy recommendations are made in the last section. This report was prepared by the following staff within the Growth Planning Department: Michael R. Dombrowski, Planner II, principal author; Charlie Gauthier, Comprehensive Planning Manager; Robert Blanchard, Senior Planner; Bryan Milk, Planner II; Tim Billings, Graphics Technician II; and Julie Fallon, Senior Secretary. Please call 774-8282 if there are questions. INTERSTATE - 75 INTERSTATE - 75 RATTLESNAKE HAMMOCK ROAD 0 ~J LOCATION MAP OF STUDY AREA ONE AND STUDY AREA TWO MAP 1 STUDY AREA 1 STUDY '--- AREA 2 0 U 0 SCALE I I I I I I I I I I I I I I I I I I I Il. EXISTING CONDITIONS - STUDY ~REA ON~ - "951 Fringe" ~2AI A. Land Use/Land Cover Study Area One includes the one mile "strip" east of CR 951 from SR 84 seven miles south to US 41. This area encompasses approximately &,500 acres of land and is predominately undeveloped. Land use/land cover data obtained from the South Florida Water Management District (SEWarD) (see map 2) indicates that this area is extremely wet. Over 52 percent of the land is forested wetland with the balance of vegetative cover composed of mixed pine/cypress forest, palm/pine forest and pine forest. There has been little urban development in Study Area One. Development that has occurred is characterized by rural low density single-family at 1 unit per 5 acres of land. B. Zoning Of the 4,500 acres of land, 83 percent or 3,727 acres is zoned agricultural (A-2) on which one unit per five acres is allowed (see map 3). The rezones that have occurred include a 614 acre PUD, Naples Golf Estates; 30 acre travel-trailer park, Kountry Kamping; and the 129 acre Swamp Buggy PUD which totals 773 acres for the study area. Besides the existing RALIZED LAND LAND COVER MAP 2 R A]W'L ~OAD ~ '~ REA 1 i AREA USE/ SCALE L__, I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT DETAILED LAND USE/LAND COVER CLASSIFICATION SYSTEM Level I Level II Level III US U UC UI UT URSL URSM URSH UP~MF UCPL UCSC UCSS UCCE UCMC UC~M UIJK USED USMD USRL USMF USCF USGF USSS UTAP UTAG UTRR UTPF UTEP UTTL UTHW UTWS UTSP UTSW UTRS UTOG Classification Urban and built-up Land Residential Single-Family, Low Density (under 2 D.U./gross acre) Single-Family, Medium Density (2 to 5 D.U./gross acre) Single-Family, High Density (over 5 D.U./gross acre) Multi-Family Building Mobile Homes Commercial and Services Parking Lot Shopping Center Sales and Services Cultural and Entertainment Marine Commercial (Marinas) Hotel-Motel Industrial Junkyard Institutional Educational Medical Religious Military Correctional Governmental (other than military or correctional) Social Services (Elks, Moose, Eagles) Transportation Airports Small Grass Airports Railroad Yards and Terminals Port Facilities Electrical Power Facilities Major Transmission Lines Major Highway and Right-of-Way Water Supply Plants Sewerage Treatment Plants Solid Waste Disposal Antenna Arrays Oil and Gas Storage 9 12AI A SFWMD LAND USE CLASSIFICATION SYSTEM (Continued) UO UORC UOGC UOPK UOCM UORV UOUD UOUN Open and Others Recreational Facilities Golf Courses Parks Cemeteries Recreational Vehicle Parks Open Under Development Open and Undeveloped Within Urban AC ACSC ACTC ACRF Agriculture Cropland Sugar Cane Truck Crops Rice Fields AP APIM APUN AMCT AMTF AMSF AMOR Pasture Improved Pasture Unimproved Pasture Groves, Ornamental, Nurseries, Tropical Fruits, Orchards, Vineyards Citrus Tropical Fruits Sod Farms Ornamentals AF RG RS AFFL AFDF AFFF AFHT AFPY RSPP RSSB Confined Feeding Operations Cattle Feed Lots Dairy Farms Fish Farms Horse Training and Stables Poultry Rangeland Grassland Scrub and Brushland Palmetto Prairies Brushland Forested FE FEPF FESP FECF Coniferous Pine Flatwoods Sand Pine Scrub Commercial Forest (pine) 10 W H S EWMD LAND USE CLASSIFICATION SYSTEM (continued) FO Non-coniferous FOAP Australian Pine FOBP Brazilian Pepper FOPA Palms FOSO Scrub Oak FOOK Oak FOCF Commercial Forest FM FMTW FMCM FMCO FM PM FMPO FMTH FMOF FMCD FMPC Mixed Forested Temperate Hardwoods Cabbage Palms/Melaleuca Cabbage Palms/Oaks Pine/Melaleuca Pine/Oak Tropical Hammocks Old Fields Forested Coastal Dunes Pine/Cabbage Palms Wetlands WF WFCM WFCY WEWL W~E WFSB WFMX Forested Fresh Cypress/Melaleuca Cypress Willow Melaleuca Scrub and Brushland Mixed Forested WNSG WNCT WNBR WNWC WNAG WNWL Non-forested Fresh Sawgrass Cattail Bullrush Wire Cordgrass Mixed Aquatic Grass Sloughs WS WSRM WSBM Forested Salt Red Mangrove Black and White Mangrove Non-forested Salt WXPp WXCP Mixed Forested and Non- forested Fresh Pine and Wet Prairies Cypress Domes and Wet Prairies Hardwood Marsh Water 11 12Al BB BP BS BL SFUMD LAND USE CLASSIFICATION SYSTEM (continued) Barren Land Beaches Extractive (s~rip mines, quarries, and gravel pit) Spoil Areas Levees 12 I I I I I I I I I I I I I I I I I I G'EN. 3RA'LI.~ MA' ED .ZO P8 LEGEND PUD ORI cor,~VEN TIOhrAL COMMERCIAL PUD COMMERCIAL 3TUDYl ~,R E'A . 3 TU.D ~ I~REA { I I residential development of one unit per five acres, the Naples Golf Estates PUD has an approved density of 1.3 units per gross acre. C. Demographics ~e population and number of housing units has been estimateh by sub-units by the Collier County Planning Department. As of April 1, 1988, 87 housing units are existing within this area of which 50 are single-family and 37 are mobile homes. It is estimated that a total of 24& persons reside in thesa housing units. D. Soils Soil group classifications are based on definitions developed by the Soil Conservation Service (SCS) of the U.S. Department of Agriculture. Two soil groups cover the study area (see map 4). These soils are characterized by slow infiltration rates when thoroughly wetted, permanent high water table, very slow rate of water transmission and high runoff potential. These factors contribute to an increased stormwater runoff volume and a decreased capacity for storm water runoff retention or detention. Intense development within this area will require special design and construction 14 I I I I I I I I I I I I I I I I I I I ~ J I"~,. INTERSTATE - 75 9 GENERAL SOIL ASSOCIATIONS ~1 I I[' LEGEND -. ~o 7 ' / = f~/~~'~- ~'''~- ~'~ ~- AREA 1~ ~ , ~ ~ / 2 SCALE I MI. .._ STUDY AREA 2 ,_/~,..y ..('._,, 9 ,, 5 9 2 I5 considerations to provide the necessary volume for surface water management quality and quantity requirements. E. Infrastructure/Existing Conditions 1. Water Management Study Area One is located entirely within the Henderson ,Creek Drainage Basin (see map 5). The canals within the Henderson Creek Basin were constructed as road borrow canals and have been in existence for many years. The maintenance primarily consists of the control and removal of aquatic vegetation and sediment. While most of the canal system is well maintained, it is generally of insufficient size to adequately pass the volumes of surface water that enter the system during periods of excessive rainfall. The two existing water level control structures are relatively new, in excellent condition, and are capable of passing the design storm flows of an improved canal system. I I I I I I I I I I I I INTERSTATE - 75 LC RATTLESNAKE HAMMOCK ROAD -tE C¥ C.P. 951 BORROW < 0 u_ ir) ! H,~DERSON STRUCTURE SCALE S.R. 84. BORROW CANAL INTERSTATE- 75 PRELIMINARY WATER MANAGEMENT (DRAINAGE) BASINS MAP 5 )C ANAL 0 1 MI. 2 MI. LEGEND P'~:~'~' ~ (..,~m ~ P~) ~STUDY AREA 1 :REEK ~SON CREEK KEY TO BASIN NAMES LC - LELY CANAL C4 - C-4 CANAL SI -- U.S. 41 SWALE: itl S2 - U.S. 41 SWAL~ ~2 HDC - HENDERSON CREEK SP -- SEMINOLE PARK STUDY AREA 2 SP o Potable Water Supply Groundwater is the raw water supply source for virtually all the water systems in Collier County. However, a surface source of water supply for Marco Island exists at a borrow lake, north of the US 41 and CR 951 intersection. The County Regional Water Treatment Plant (CRWTP) is located northeast of Interstate 75 and CR 951 intersection (see map 6). Po;able water from the CRWTP is pumped through one 20 inch diameter transmission main running south along CR 951 to serve the southern portion of the County Sewer-Water District. Transmission mains are typically located along arterial and collector roadway network and convey water to major demand areas. The cost of the transmission main has been assessed to the property owners adjacent to CR 951 and the water main. Their prorate share has been calculated on a per foot of frontage ($18.11 per linear foot) which does not include the depth of the property. The transmission main is currently serving approximately 10 households along CR 951 and the Swamp Buggy Park facility. A connection fee is also required in addition to the infrastructure development fee for dwelling units that are within 200 feet of the water line or those who desire service. 18 m I I I I I I I I I I I I I I I I I I IIIlllmBBIIBII·I [N TERSrA._.__~ ,~ RATTLESNAKE HAMMOCK ROAD .~m · m m m m m -, m m m m m - m mmmm '~ i ~ 12 L(GO RE(~ONAI. WATF. R T~E.AigJ£NT , ~ . · INTERSTATE - 75 AREAS SERVICED CENTRAL POTABLE · · STUDY. · AREA 1: . · · · · · · · · · · · · · · · · · · BY WATER MAP 6 FACILITIES LEGEND F////////,/~ INDICATES AREAS CURRENTLY SERVED BY COUNTY TRANSMISSION AND DISTRIBUllON SYSTEM ~ WATER TREAT)4ENT PLANTS O REPUMP FACILITIES O STORAGE TANKS I·····ICOLLIER COUNTf WATER AND SEWER (CWS) DISTRICT ........... OISTRIBUTION LINE STUDY AREA 2 O ti.. 0 UANATE~ ROA~ REPuMP FAC~UTY AND 2~,lG STORA(~ TANK SCALE I I 0 1 MI. · · · · · · · · · · · · · · · · · · · · · · 2 MI. · COLLIER STATE SEMINOLE PARK I 19 The raw water supply for Marco Island is a fresh water lake supplemented by an infiltration gallery. The lake is located northeast of the US 41 East and SR 951 intersection and has a recommended maximum withdrawal rate of 4.0 MGD. The transmission system consisting of 12-inch, 14-inch and 30-inch mains transports the raw water to the treatment facility on Marco island. The site of the fresh water lake is a leased facility and it has been reported that the lease expires in the early 1990s and is non-renewable. This suggests that an alternative raw water source will have to be located and developed in the very near future. Sanitary Sewer Facilities Study Area One is located within the South Sewer Service Area. There is no county provided sanitary sewer service within the study area at this time (see map 7). The growth of the Urban Area to the west is projected to exceed the sewage treatment capacity of the three County plants that serve the Service Area. To meet the projected deficiencies, the County will begin construction of an 8 MGD South County Regional Wastewater Treatment Plant and Facilities located at the Lely DRI. The Regional System will be completed by 1992 and provide sufficient capacity to meet demand until 2O I I I I I I I I I I I I I I I I I I 'RATTLESNAKE HAMMOCK ROAD [-l S-IB INTERSTATE- 75 STUDY AREA 1 SERVICED BY TREATMENT ~IAP 7 CENTRAL FACILITIES [] [3 s-~ LEGEND SEWAGE T~[AT~EPIT PLANT ROOKERY BAY OrS TT~'ICT B~NDRY 12A] C~ < 0 < 0 o ~NOS co~ M,~qCO HOO~T 61 ,, ..""''''.,ROOKERY GAY Ullj TY · '"' · * CO. SEWAGE ll~E.A~ ,~ENT · P~.NT SITE SCALE 0 1 MI. 2 MI. STUDY AREA 2 9 I 1996. However, this facility is not planned to serve the study area during the next ten years. Study Area One is over two miles from the nearest collector line. The only private package sewage treatment plan in the Study Area One is a 0.04 MGD design capacity plant that is intended to solely serve the Kountry Kamping Campground. The primary means of sewage treatment is through the use of individual septic tank systems. Transportation CR 951 defines the western boundary of Study Area One, except for the southernmost 1.5 miles which is defined by a section line. It is an existing two-laned roadway with an adopted Level Of Service Standard (LOS) of D (peak season, peak hour), (see map 8). The Capital Improvement Element for the Transportation Network identifies the addition of 2 lanes to CR 951 from US 41 north to Davis Boulevard. The four lane project is programmed to be completed by 199& (see map 9). Future network requirements for 2015 (see map 10), project the roadway to be expanded to a six-lane limited access freeway with 4 interchanges. This segment of CR 951 serves as a major hurricane evacuation route for Marco Island, Isles of Capri, the 22 m F INTERSTATE - 75 m EXISTING TRAFFIC CIRCULATION , NUMBER OF LANES M^PS ~ EVACUATION ROUTE ~ m m .. ,, EA1 ' ........... m :~ I.=~ .... -AREA 2 m ~ / ,~l ,,,~ , I ' J / / SCAL~ JNTERSTAT~ - 75 RATTLESNAKE HAMMOCK O- U o _J INTERSTATE- 75 FUTURE TRAFFIC CIRCULATION RIAP YEAR 1994 MAP 9 LEGEND 2 LANES ............ 4 LANES ~ STUDY AREA 1 UHITED ACCESS F~CILITY EVACUATION ROUTE INTERCHANGE STUDY i '""',:~"~ ~ '-"- AREA 2 ' i INTERSTATE - 75I INTERSTA'T~- 75 12AI -! FUTURE TRAF?ICWAYS MAP ...... '~:i YEAR 2015 o MAP 10 FREEWAY LANE REOUIR£ME~JTS ~ ~ ~t~E EEl[Eli[II ~ , ~,,~ m m m m m m m m RAT~ESHAKE ARTER{AL LANE REQUIREMENTS HAMMOCK 2 ~E ROAD 4 ~t,~ ............................. 6 ~t~E J _ ~,,~c~o,, ~o~ E EXIS~NG ItJ~RCHANGE O STUDY m x AREA 1 · ~ - ~ STUDy '............ SCALE I 1 MI. 2 MI. - 25 Marco Shores and Lely area (see map 11). The evacuation route capacity for CR 951 has been calculated to be a maximum of 1,200 vehicles per hour for the existing two-lanes, 1,900 vehicles per hour for the programmed four-lanes and 2,800 vehicles per hour for the projected six-lane limited access roadway. Regional Park The Recreation and Open Space Element and Capital Improvement Element of the Growth Management Plan identifies the need of a regional park facility. The park is programmed to consist of 700 acres and cost seven million dollars. Siting criteria recommends one of the locations of the park to be within the Study Area One and County staff has been actively negotiating to acquire a 300 acre parcel within the area. 26 I I I I I I I I I I I I I I I I '1 I I ~ i~.~.._ 1 2/~ I IN T_ERSTATE : INT~RSTAT~- 75 ~/ ~i [ HURRICANE SLOSH ZONES, ~ ~ I ][HURRICANE EVACUATION ROUTES AND ~i ] 100YEAR FLOOD ELEVATION ~ iI MAP 11 CATEGORY 3~IFORM s,t~o~ AREA /.- ........... I_. '-:-:-:-:-:-:-: ~ I I ............. J .................... lOO YEAR FLOOD ,' H~C'~CK I I ~ EVACUATION ROUTE ~ I I STUDY "" '""... ~." '!"'"'. '"'"..: '1 "'. I CA IEGORY 2 STORM SURGE AREA ~ t' I' STUDY / ...- ............. L. -/ ] SCALE CATEGORY 1 STORM SURGE A~~ 0 1 MI. 2 MI. 27 .... IIIII .... IIII II III II IIII I I I IIIII I mit i , ..... III. EXISTING CONDITIONS STUDY AREA TWO "Southeastern Tail" A. Land Use/Land Cover Study Area Two is comprised of 5,100 acres of Urban Designated Area (see map 2). It begins .5 miles southeast of the CR 951 and US 41 intersection and runs 3.5 miles along US 41 to the Collier-Seminole State Park with a lateral width up to approximately 2 miles. Intensive urban zoning of Mobile Home subdivision, Travel Trailer and the Marco Shores PUD forms the western boundary the the study area. Twenty-five percent of the land use/land cover is a mixture of pine/cypress forest, industrial or commercial excavation pit, travel trailer parks and low-density residential housing. The dominant land use is active agricultural consisting of approximately 60 percent of the study area. The remaining 15 percent of the land cover is cypress forest. B. Zoning A very small percentage (10%, 521 acres) of the 5,100 acres is zoned other than agricultural (A-2) (see map 3). The only substantial residential zoning is a golf course community, Naples Shores, consisting of single-family (3 units/acre), mobile home subdivision and commercial uses. Also present within the study area are two small recreational travel 28 I I I I I I I I I I I I I I I I I I I trailer parks and a farm worker housing development. The industrial and provisional use zoning are earth mining related land uses. Demographics gecause of the geographic units used to delineate population and dwelling unit counts do not coincide with the study area boundary. FurTher work is needed to determine the actual counts. Soils The soil groups e×is~ing within Study Area Two are similar to those present in Study Area One (see map 4). The five soil groups are characterized by slow infiltration rates when thoroughly wetted, permanent high water table, very slow rate of water transmission and high runoff potential. These factors contribute to an increased stormwater runoff volume and a decreased capacity for storm water retention or detention. Intense development within this area will require special design and construction considerations to provide the necessary volume for surface water management quality and quantity requirements. 29 E. Infrastructure 1. Water Management Study Area Two is segmented by one major drainage basin, two minor drainage basins and a minor area which outlets directly into tidal waters (see map 5). The three basins are as follows: a.) Seminole Park Outlet Basin The existing canal and road crossings are generally adequate to meet the drainage requirements for the basin (see Public Facilities Element). The Florida Department of Transportation has the responsibility to maintain and keep the borrow canal and the cross drains functioning properly. However, to ensure that the system is adequately maintained, the Collier County Water Management Department performs the maintenance. This maintenance includes the control and removal of aquatic vegetation when it becomes excessive and obstructs the flow of stormwater through the system. 3O I I I I I I I I I I I I I I I I I I I b.) US-&I Outfall Swale No, 1 Basin The entire drainage canal system within this basin is insufficient to provide the flood protection needs for the residents and businesses. The Collier County Water Management Department performs the maintenance of the US-41 borrow canal. This maintenance primarily consists of the control and removal of aquatic vegetation when this becomes excessive and obstructs the flow of stormwater through the system. Some sediment removal work is also done to return the canal to its approximate original cross section when excess sediment accumulations become a problem. The agricultural outlet ditches are maintained by the agricultural operators and are in various stages of constriction. c.) US-410utfall Swale No 2 Basin The entire drainage canal system within this basin is insufficient to provide the flood protection needs for the residents and businesses (see Public Facilities Element. The Collier County Water Management Department maintains only the US-41 borrow canal and this maintenance primarily 31 consists of the control and removal of aquatic vegetation when this becomes excessive and obstructs the flow of stormwacer through the system. Some sediment removal work is also done to return the canal to its approximate original cross section when excess sediment accumulations become a problem. A small roadside outlet ditch and an old agricultural ditch which serve as the outfall south of US 41 are insufficient in size to pass much flow and their maintenance is performed by the land owners. Potable Water Supply An 8 inch water distribution line runs from the repump station and 2 MG ground storage tank facility at Manatee Road southeast along US 41 (see map 6). This line serves two areas within the study area, the Naples Shores development, Krehling Industries PUD and the adjacent recreational travel trailer park. The cost of the distribution line has been assessed to the property owners adjacent to US 41 and the water line. Their prorata share has been calculated on a per foot of frontage ($18.11 per foot) basis which does not include the depth of the property. A connection fee is required in addition to the infrastructure development fee for 32 I I I I I I I I I I I I I I I I I I I o dwelling units that are within 200 feet of the water line or those who desire service. Sanitary Sewer Facilities Study Area Two is serviced by the Rookery Bay Utility Company which is a private entity and regulated by the Florida Public Service Commission. The developments currently served within the study area are as follows: (see map 7): Duda Farm Labor Camp Naples South Country Club Westwinds Mobile Home Park Four to eight inch force mains convey the sewage to a 0.15 MGD design capacity sewage treatment plant which is currently operating at 50 percent capacity. No immediate capital improvements are programmed. The 0.01 MGD package sewage treatment plant serving the Imperial Wilderness Mobile Home Park is the sole private facility located within Study Area Two. 33 12AJ~ ' 4. Transportation /he transportation network system existing within Study Area Two is supported by one major roadway. US 41 is owned and maintained by the State of Florida Department of Transportation. The existing two-lane facility (see map 8) is operating at LOS B and not programmed to be expanded until the year 2015 (see map 10) at which time it will become a four-laned facility. This two lane facility has a maximum hourly flow rate of 1,200 vehicles and an expected capacity of 2,400 at the time the facility is four laned. The recommended evacuation route for Study Area Two is southeast along US 41 to SR 29 and then north (see map 11). 34 I I I I I I I I ! I I I I I I I I I I IV. PROBL~ ISSUES: URBAN VS. RURAL LAND USES A. Infrastructure The primary thrust of Florida's Growth Management Legislation is the requirement that adequate public facilities be available at the time of demand by new development. Presently in Collier County the time frames for public facility planning are lQ years for all facilities except the transportation network where a 2015 plan for the Coastal Urban Area is almost complete. Unit and network demands are determined by existing, proposed and future densities obtainable through the density rating system. The majority of the public facilities present in the study areas are currently operating at an acceptable level for the amount of development that has occurred. However, as growth takes place there will be a need to provide new or increase the facilities present. The four public facilities that are of special concern to developed areas are potable water and sewage treatment, roads and water management. 1. Study Area One "951 Fringe" a.) Potable Water 35 Approximately 10 dwelling units and the Swamp Buggy Park are served by the 20 inch transmission main that runs along CR 951 (see map 6). The purpose of the transmission line is to serve the southern port[on of the County Sewer-Water District to the south and west of the study area and the land owners that were assessed along CR 951. Property owners not adjacent to the main must pay for the distribution lines to their developments and connection fees. The cost would vary with the number property owners willing to share the costs. Regardless of the density, this area is within the County's Water Sewer District and property owners will have the opportunity to connect into the system. The remainder of the dwelling units rely on well water for their potable water needs. The water is known to be of good quality due to the aquifer source and low-density residential development. There are no public potable water facilities improvements programmed in the 10 year time frame for this study area. I I I I I I I I I I I I I I I I I I I b,) Sewage Treatment A 0.04 MGD private package plant serves the Kountry Kampin Kampground and is working at 20 percent capacity with no planned expansion (see map 7). Study Area One is not serviced by public sewage treatment systems. The construction of the South County Regional Wastewater System is not programmed to serve Study Area One over the next 10 years, any new developments must be capable of serving their own development. Septic tanks are the primary form of sewage treatment for this area. The soils are characterized by slow infiltration rates, high water table and high runoff potential. Because of the low-density magnitude of development (1 unit per 5 acres). Septic tank systems do not pose a threat to the aquifer system. If densities were increased, it would concentrate septic tanks and increase the probability of septic effluent pollution of the groundwater source. It would also require vast amounts of fill to grade the property for septic tanks, driveways and building sites, and cause an increase of water runoff into the public water management system. 37 12Al c.) Roads CR 951 is programmed to be expanded to four-lanes by 1994 (see map 9) and six-lanes by 2015 (see map 10). These requirements are based on projects d~elling unit counts and modeled to project the demand on facilities. The urban densities used would project a greater required capacity than rural land uses. A single family residential unit can be assumed to generate approximately 10 trips per day (TPD). For an example, if this area builds out at an average gross density of 4 units per acre on the 4,500 acres it would equal 18,000 dwelling units and yield 144,000 TPD. (144,000 TPD accounts for 80% of the trip generation when a PUD has an 80% external/20% internal ratio.) In comparison with a rural classification of 1 unit per 5 acres would result in 900 dwelling units and generate 9,000 TPD on an average. A difference of 135,000 TPD and a substantial lessening of road impacts between the two land use intensities. This is critical when addressing two issues: (1) roadway capacity requirements and (2) hurricane evacuation capacities. A rural type classification I I i I I I I I I I I I I I I I I I would lessen the need of roadway facilities by protecting the integrity of the roadway, by decreasing the number of local vehicles that require hurricane evacuation, and by increasing the capacity of the evacuation route available to residents of Marco Island, Isle of Capri, and other areas to the south. Most of this area is within the hurricane category 1 and 2 zones (see map 11). d.) Water Management As the amount of vegetation decreases and the amount of impervious surface increases, drainage facilities are required to store stormwater runoff. The quantity, peak-flows and pollutant content are proportional to the amount of impervious surface supporting intensive development. The water management system is required to be designed to provide an economically feasible and acceptable level of flood protection and provide controls to ensure water quality and quantity in maintaining aquifers, wetlands and estuarine systems. Water quality standards are becoming a national concern through the Environmental Protection Agency (EPA) and federally mandated National Pollutant Discharge Elimination System (NPDES) Act to ensure water quality standards. Within six years, under current time frame guidelines, the Act will give EPA the authority to hold local governments responsible for meeting stormwater quality standards in discharge from stormwater facilities to significant water bodies. There is a transition point where the amount of development having no adverse impact om natural drainage patterns or existing water management facilities would occur. One unit per five acres is characterized by minor on-site facilities, (e.g., fill material for the house pad), to meet water management requirements. It would typically not require the expansion of existing primary or secondary canals because of the near negligible effects of any change in the predevelopment ~ stormwater run-off. As densities increase, to 1 unit per acre of site development for example, the cumulative effects of the development activities become much more noticeable. The sheet flow of water over the land surface is disrupted by the locations of buildings, roads, and other associated items that are elevated above the designated floodplain. The diversion of runoff into drainageways, along with the increased volumes of I I I I I I I runoff caused by increased amounts of impervious areas, can create a need for new or improved water management facilities. The potential for the degradation of the quality of the stormwater discharge becomes of even greater concern and appropriate stormwater treatment controls become necessary. The transition point whether or not off-site water management facilities are required to serve development in these areas has been identified as a density of 1 unit per 2.5 acres. 12A Study Area Two "Southeastern Tail" I I I I ! I I I I a.) Potable Water An eight inch water distribution line serves two small areas in the study area along US-41 (see map 6). The same methodology was applied to property owners for their financial contribution to construct the distribution lines in Study Area One. The farm labor camp, village residential development and approximately 20 low-density single family dwelling units all use well water for their potable water needs. There is no expansion of potable water facilities 41 III IIIIIIII I IIIIIIIIIIII IIII III I I IIIIIIIII II I programmed over the next 10 years within this study area. If the area remains designated urban, if it is designated as low-density expansion of the distribution lines would be required to meet the increased demand. b.) Sewage Treatment Study Area Two is serviced to a small extenc by the privately owned and operated Rookery Bay Utility Company (see map 7). It is currently operating at 50 percent capacity with no expansion programmed. If this area is to take on an urban character, then sewage treatment facilities must be provided. These could be in the form of private sewage treatment plants provided by the development or contributions to increase the capacity of the existing treatment facility and the 6-8 inch collection lines. The wide use of septic tanks within the study area would be acceptable only if residential development of 1 unit/2 acres was the maximum allowable density. I I I I I c.) Roads The methodology for projecting the requirements of US-41 are identical to those used for CR-951. The 5,100 acres of agricultural zoned land, assuming 4 units/gross acre has the possibility of supporting 20,000 dwelling units and at 80% external trips, will generate 160,000 TPD. If 1 unit per 5 acres was applied, only 1,020 dwelling units would be allowed, yielding 10,200 TPD on the average. A difference of 149,800 TPD. The major issue is the capacity of the road compared to volume demand. US-41 is a State o~rned and maintained road and capital improvements are not controlled by the County, unless local funds are allocated to expedite the improvements. It is the County that regulates land use, which result in road impacts. The requirement of an adequate level of service standard becomes a critical issue in the coordination of public facilities and land use. US-41 is the only route that serves Study Area Two with little or no opportunity to provide an east-west or north-south corridor. 43 12A! d.) Water Management The analysis of Water Management issues for Study Area Two are similar to Study Area One. URBAN SPRAWL 1. Cost of Infrastructure Urban sprawl can be characterized by "leap frog" development away from concentrated urban areas, spreading thin public facilities and increasing the costs of urban services. Utilizing the capacity of existing infrastructure in concentrated areas is more cost-effective then providing new facilities. As development occurs in Study Area Two, miles of pipeline and roadways will be required to meet an adequate level of service. Costs will subsequently rise as compared to the in-fill of the more urbanized areas where facilities are available or capacities and service areas could be increased. The price of land may be less in the study areas than in the more urbanized areas, however the costs of providing adequate public facilities will greatly effect the affordability of housing. 44 I I I I I I I More Urbanized Areas Needing Infrastructure Concentrated urban areas are experiencing public facility deficiencies that are decreasing the quality of life within those areas. Expansion of roads, replacing septic tanks with centralized sewage treatment systems and providing flood protection in the more urbanized areas are some of the improvements that need to be focused on to maintain and improve l~vel of service standards and protect our natural resources. 12Al I I I I I I I I It is important that the time frames of land use planning and public facilities planning be coordinated. The build-out of the western Coastal Urban Designated Area was estimated to occur in the year 2050 supporting approximately 317,200 dwelling units. Of this, approximately 53,800 dwelling units were built and 120,000 dwelling units zoned but unbuilt as of January 1988. However, public facilities planning time frames are at 10 years for all facilities except roads where a 2015 plan for the Western Coastal Urban Designated Area is nearing completion. The 2015 plan utilizes the projected 153,000 dwelling units for modeling purposes. I I 45 3. Affordable Housing The impact on the transportation network is another critical issue of urban sprawl. Desirability and affordability of housing depends on the distance of the home to the work place. The distance from the southeastern corner of Study Area Two to the major employment center, City of Naples, is 10-15 miles. This results in longer trip lengths and transportation costs to the worker, especially with the lack of public transportation. In providing affordable housing trip lengths must be short and within concentrated areas to be effective. This would also have a social benefit in that the service worker would feel as a part of the community rather than an outsider. C. Environmental Issues 1. Impacts of Drainage on Estuarine Systems The one mile strip of urban area east of CR 951 contains approximately 2,340 acres (52%) of environmental sensitive wetlands. Cypress and mixed cypress flow ways dominate the area which is critical in the maintenance of aquifers, water quality and wildlife corridors. Intense development would alter the discharge into the 46 I I I I I I I I I I I I I I I I I I I primary canal system and outfall. The borrow canal running along CR 951 is the primary canal removing water from this area, discharging into Henderson Creek out into the Rookery Bay Estuarine System. Any water management design that increases the point source discharge of the canal could have an adverse impact on the fragile ecology of the estuarine ~ystem. Study Area Two also has the potential for adverse impact to the estuarine environment. This area is flat, with a typical slope of 0.5 foot per mile and extremely wet year round. Surface water primarily moves by sheet flow in a south to southwesterly direction with interruptions from extensively altered agriculture fields and canals. As development occurs it will require the removal of more surface water to provide flood protection and potentially increase the amount of discharge to the estuarine system. Hurricane Vulnerability Study Area Two is within category one and two hurricane SLOSH zones (map 11). US-41 forms the inland boundary of the SLOSH one zone with the portion north of US-41 entirely within the SLOSH two zone. The SLOSH model is used by the Federal Government for hurricane evacuation 47 12AI planning from Texas to Maine. The model has been calibrated with actual storm events resulting in a high degree of accuracy (85%). Other regulatory agencies use models that estimate flooding that causes properly damage to calculate insurance premiums and also for application in the surface water regulatory program. These models were not intended to correlate flood elevations to evacuation requirements or the protection of lives. ~ Relationship Between Suitability of Soils and Self-provision of Facilities There is a relationship between the suitability of soils and the concentration of septic tanks and potable water wells. Florida Administrative Code allows the use of both septic tank and well water on a minimum of 1/2 acre lot and 1/4 acre lot for septic tank when public potable water is used. These intensities are fine for soils that have high infiltration rates, low water table and defined topography. However, these are not the conditions existing within these two Study Areas. It is the professional opinion of the Health Department (per phone conversation with Larry Lukin) due to high water table, low infiltration rates and low-lying topography that 1 unit per acre to 1 unit per 2.5 acres should be 48 I I I I I I I I ! I I I I I I I I I I t I I I I I I I I I I I I I I I I I the limit in order not to pose any long-term problem with health or environmental conditions. Also the amount of fill required for the house pad, driveway and septic system on 1/4 or 1/2 acre lots to make grade would fill in the entire lot disrupting the integrity of the flow-ways, habitat and aquifer quality. ~9 12Al POLICY ALTERNATIVES A. Residential Density There are three residential density alternatives that could apply to the study areas. The alternatives range from rural (1 unit per 5 acres) to high density residential (up to 16 units per acre). Urban Densities Allowed Under The Density Rating System (DRS) in the Proposed Growth Management Plan. The DRS determines maximum allowable residential density in the Coastal Urban Area through availability of infrastructure and the characteristics of the land. Under the proposed Growth Management Plan, densities at up to 16 units/acre would be obtainable within the study areas north of Rattlesnake Hammock Road. Residential development south of Rattlesnake Hammock Road is limited to 4 units/acre unless it is increased through conversion of commercial zoning, provision of affordable housing, residential in-fill or density awarded within Activity Centers. There is little opportunity for the use of the conversion of commercial zoning or residential in-fill provision within the study area and the Activity Center provision is limited to approximately 60 acres. Affordable housing is the only 5O applicable provision to increase density to 11 units/gross acre. 2. Rural Density of 1 Unit Per 5 Acres Agricultural zoned lands (Al/A2) comprise the majority of the zoning within the two study areas. Of the 9,600 total acres, 1,290 acres or 12 percent have been zoned to a more intensive use with 8,310 acres remaining as Al/A2. The existing maximum density for Al/A2 zoning allowed is 1 unit per 5 acres. The process of rezoning is not necessary if the land is developed at this density, only building permits are required. 3. Transitional Densities There are densities between urban and rural classifications available for consideration. The average density of the overall Urban Designated Area is 4.0 unit/gross acre and the rural area is 1 unit/5 acres. Common densities that can be regarded as transitional are 1 unit per 2.5 acres, 1 unit per acre and 2 units per acre. Affordable Housing Housing can be assumed to be affordable in the range of $400- 51 $420 per month for a two bedroom rental unit (per phone conversation with Wanda Jones, Housing Director). %here are many factor that contribute to the cost of constructing such units and renting for a financial return. The price of raw land, construction costs, amenities and costs of providing adequate public facilities are all attributable costs. Increased densities encourages the creation of affordable housing by decreasing the unit cost. Rental costs are not the only parameters associated with the desirability of affordable housing. Transportation and accessibility to major employment and commercial centers are' important when considering a site, especially when there is a lack of an adequate public transportation system. Accessibility is a major factor in the cost of transportation and convenience. Although land prices are higher within the westerly urban area, public facilities would be more obtainable and less expensive to provide, trips lengths shortened due to the accessibility to commercial and employment centers and social and emergency amenities more abundant. C. Capital Improvement Financing: Stormwater There are four financing sources available to provide funding for water management capital improvement projects: 52 I I I I i I I I I I I ) o General Revenue Fund Property owners are charged a millage rate applied to the appraised value of the property to generate funds. The revenues are applied to bonds which are used to finance the capital projects. Two bonds are widely used: (1) General Revenue Bonds Board approved, and; (2) General Obligation Bonds - approved by referendum. Special Assessment Districts - MSTD's The total amount of the estimated cost of the capital project is generated from the property owners being assessed their pro rata share of the improvements and benefits. Stormwater Infrastructure Fee Chapter 403.0893, Florida Statutes, gives the local government authority to adopt a stormwater utility fee and/or a stormwater drainage fee. The major difference between a stormwater drainage fee and a stormwater utility fee is in the method of establishment of fees. A stormwater drainage fee is based on a per acreage charge for the level of 53 stormwater benefits provided, while a stormwater utility fee is based on an average calculated amount of stormwater created by a site. Also, the stormwater utility fee is more applicable to urban developed areas, while the stormwater drainage fee is more applicable to rural development or undeveloped land not within an area proposed for urban development. 4. Developer Contribution The developer of a project would be obligated to either construct the required improvements or contribute funds to increase the capacity of the facility. 54 VI. RECOMMENDATION 12A! A. Residential Density Throughout the two year growth management planning process, County staff has consistently recommended the deletion of these t~o stud'/ areas from the Urban Designated Area. After analyzing existing conditions, problem issues and policy alternatives for each of these areas, staff stands by the ~ original recommendation with minor modification. This study has indicated a need to prevent public harm and untimely infrastructure expenditures. Those land that are presently zoned Al/A2 should not be allowed to apply for rezoning to a more intensive urban land use until such time it is appropriate. The initial recommendation was that these lands be designated rural (see map 12). This report recommends slightly higher density in Study Area One (map 13). Lands presently rezoned to urban uses should remain, however, not be allowed to intensify over existing approvals. The underlying concepts for these recommendations are as follows: 1. Study Area One "951 Fringe" a.) Contain urban sprawl. 55 ' I ENSIT'~ STAF RECdMM'EN ,, M~A~ 12 LEGEND PROPOSED URBAN BOUNDARY ,,...,. I..i..,. OLD URBAN BOUNDARY I I I 0 1 MI. 2 MI. ER OLE The water transmission line running along CR 951 would still be available to those on either side of the waterline. It was financed by property owners along the line contributing their prorate share, $18.11 per foot to serve themselves and the southern portion of the district and not intensive development to the east. c.) Central sewer treatment facilities are not expected to be expanded into this area until after 2005. There are other more urbanized areas that need public facilities. The large capacity of the Urban Designated Area. Public facilities planning time frames are at 10 years for all facilities except roads where a 2015 plan for the Western Coastal Urban Designated Area. The capacity has been estimated to be 317,200 dwelling units and will build-out around 2050. e.) Area is within hurricane SLOSH 2 zone. The area is highly vulnerable to property damage and loss of lives. 57 f.) la41 The suitability of soils to support a Iow-density concentration of septic tanks and potable water wells without long-term adverse effects on the human population or the supporting environment. g.) Intensive development would require millions of dollars worth of public water management improvements. A density of 1 unit per 2.5 acres would reduce the amount of impervious surface and lessen the impact of adding fill to grade the lot in effecting habitat and aquifer quality. This would reduce the need of costly public improvements to existing water management facilities. h.) The adverse impact of intensive development east of CR 951 would be greatly lessened to protect the integrity of the roadway as a major north-south corridor and an important hurricane evacuation route. i.) Lessen the impact to the natural resource systems by providing open space and habitat, conservation of wetlands and preserving natural flow-ways to ensure aquifer quality. 58 j.) There has been minimal rezoning activity, the land ownership patterns are between 5 acres and 1,300 acres. 12Al Clustering of homes should be allowed and encouraged to provide open space, concentrate private centralized public facilities and protect environmental sensitive areas. 2. Study Area Two "Southeastern Tail" a.) Containment of urban sprawl. This area is between moderate density (4-6 units/acre) and the edge of public lands owned for preservation. Including this area as urban would promote urban sprawl in unsuitable areas, "stretching-out" and necessitating expensive public facilities. b.) US 41 is the sole transportation corridor to serve this study area. It is an intricate part of the. transportation network and a vital link for hurricane evacuation. The character of development and other physical constraints along the existing US 41 corridor, limit opportunities to provide another major access through this area. 59 c.) e.) f.) g.) Intensive urban development would require extensive and expcnsive water management improvements. A rural density would greatly reduce the amount of impervious surface and lessen the impact of adding fill to grade lots. This would reduce the need for costly public improvements to existing water management facilities. Almost all of Study Area Two is within the FEMA's 100 year floodplain. Area is within hurricane SLOSH 1 and SLOSH 2 zones. The area is highly vulnerable to property damage and loss of lives during major storm events. Lack of new or expanded potable water supply and sewer treatment facilities. Need to focus public facilities in more urbanized areas with readily available services. The suitability of soils to suppor~ a low-density concentration of septic tanks and potable water wells without long-term adverse effects on the human population or the supporting environment. 6O I I I I I I I ! I I h.) Lessen the impact to the natural resource systems by providing open space and habitat, conservation of wetlands and preserving natural flow-ways to ensure aquifer quality. There has been minimal rezoning activity, the land o'~nership patterns are between 5 acres and 1,300 C1,Jt;[erfr,g of },,mes should be allowed and encouraged to provide open space, concentrate private centralized public facilities and protect environmental sensitive areas. Density Alternative It if is the desire of the Commission to have a "transitional" zoning pattern, it is staff's recommendation that two densities be permitted. The first be a maximum of 1 unit per 2.5 acres and the geographic limit be to Study Area One and two areas within Study Area Two. These two areas are adjacent to the western boundary of the study area (see Map 13). The second density is not transitional in nature. Rural density of 1 unit per 5 acres is strongly recommended for the 61 remainder of the study area which is the southeastern portion of Study Area Two. The same reasoning applies to this set of alternatives as the original recommendation of urban deletion. 62 I I I I I I I I I I I I I I I I I I I ! )MMEN13 ED MAXIMUM {ESlDE:{TI.iL DENSITY . . LEGEND 1 UNIT/2.5 ACRES i UNIT/5 ACRES OLE I I MI. 2 MI. Bo Affordable Housing There are a number of issues that hinder affordable housing within the two study areas. It is the recommendation of staff that an increase of density through an affordable housing provision not be included within these two areas for the following reasons. The Density Rating System provides incentives for higher densities within the more urbanized areas that will encourage affordable housing developments in locations much closer to employment centers. Increased densities can occur through the provision of affordable housing (8 units/acre), residential infill of 10 acres or less (+ 3 units/acre) and proximity to Activity Centers (16 units/acre within the boundaries, + 3 units/acre within 1 mile; The rural area includes expansive agricultural land uses. Farm worker housing should be encouraged and permitted in these two areas. This applies to housing for permanent or transient farm labor and can be established exclusively for that purpose. Standards and density should be dictated by the Zoning Ordinance; I I I I I I I I I I I I I I I I ! I I If developers in these areas provided "fair share" of infrastructure costs, the cost of the housing product put on the market must necessarily be high; 12A! Inadequate transportation network:. 5. Lack of economically feasible public transportation; 6. Distance of the home to employment and shopping opportunities; Water Management Infrastructure Costs Staff recommends the capital improvement financing plan for Stormwater Utilities outlined in a memorandum to the Board of County Commissioners on July 11, 1988 from the Growth Management Department. This memorandum outlines two methods of assessing property owners for water management requirements based on levels of development. The following is a brief summary of a stormwater drainage fee (urban area) and a stormwater utility fee (rural areas): S~ormwater Drainage Fee More applicable to rural development or undeveloped land Fee is based on land size 65 UBS928 Fee is based on a per acreage charge for level of stormwater benefits provided No exempt landowner categories Credits can be established within the fee structure Stormwater Utility Fee More applicable co urban development areas Fee is based o~ amount of impervious area Fee is based on average calculated amount of stormwater crenEed by a site No exempt landowner categories Credits can be established within the fee structure Existing Zoning and Development The development zoning existing within the two study areas should not be affected by the recommendations outlined in this report. It is important that a careful balance between private property rights and the interest of the general public is maintained. However, undeveloped zoning should be subject to the Zoning Reevaluation Program. 66 THE CONSERVANCY Of Southwest Florida Position Statement Fiddler's Creek- Growth Management Plan Amendment F':bruary 2, 1998 Position The Conservancy of Southwest Florida does not object to the Groxvth Management Plan ,.\mcndment proposal (DCA No. 98-DI} that would allow an amendment to the Fiddler's Creek Planned Unit Development/Development of Regional Impact (PUD/DRI). The amendments would reallocate existing approved housing units onto the proposed additional 1.385-acre parcel. Ahhough we have serious concerns about urban-type development of land outside the urban boundary., this proposal has compelling environmental bcnetits and other factors distinguishing it from other potential PUDs outside the urban boundar?'. Furthermore. the intent bv Fiddler's Creek to preserve the 63- acre "peninsula" parcel in perpetuity represents a significant benefit to Rookery. Bay and the surrounding ecosystem. While The Conscn'vancy is now satisfied that the Fiddler's Creek situation is a unique case. it remains critical to continue the process begun last year to establish a sound set ofcriteria for development outside the urban boundary. Bacl~ground The Fiddler's Creek PUD;DRI {formerly Marco Shores Unit 30) ,,,,'as originally approved in 1984 lbllowing the Deltona Settlement Agreement in 1982 betv,'een the Deltonn Corporation. State agencies. Collier County and several environmental groups including The Conservancy. The 1.385 acres of land to be added to Fiddler's Creek is currently zoned and designated on the County's Future Land Use Map as "agricultural/rural". with a residential density of one unit per live acres. The proposed shilling of approved residential units on to the additional acreage will require an amendment to the Collier County Grov4h Management Plan and a Notice of Proposed Change to the Fiddler's Creek DRI Development Order. The Marco Shores Unit 30 was approved for 9.110 total dwelling units, with a density of 5.5 units per acre. The developer of Fiddler's Creek. 951 Land l-toldings Joint Venture. has modified its PUD over the years resulting in a decrease of residential units to 6.000 or 2.5 units per acre. Upon approval of the additional acreage. Fiddler's Creek would retain 6.000 residential units while lowering density to 1.55 units per acre. Until 1980. the proposed additional 1.385 acres of land was within the urban designated area. In late 1988. Collier Count.',' staffrecommcnded in the Urban Boundary Study. and the County Commission approved, the deletion of an area termed the "southeastern tail" from the urban area. Although. the County staffrecognized that this area could be included in the urban area in the lhture through the DRI proct:ss. Rationale The Conse~'ancy considered thc fifllowing distinguishing fi~ctors in our conclusion that thc proposed Fiddler's Crock I'UI) amendment is unique and will not set a precedent Ibr other developments on the fringe of the urban boundary. In the 1982 Settlement Agreement between Deltona. various state agencies, and several environmental groups, including The Conservancy, 14.500 dwelling units were agreed to, ofwhich 9. Il 0 dwelling units were allocated to thc original Fiddler's Creek Development acreage known then as Marco Shores Unit 30. The developer of Fiddler's Creek has voluntarily reduced that density to 6,000 dwelling units. It is a portion of this significantly reduced and vested der~sity that the developer seeks to shift to the proposed addition. Although the addition lands are not included in the Settlement Agreement. a substantially greater number of units were. Inasmuch as there will be particular environmental benefits accruint~ as a result of the amendment, the Conservancy does not object to shifting some of Ttbe units that we previously agreed to in the Settlement Agreement. The proposed 1.385-acre addition ,.','ill produce no new units or increase density to the o,.'erall development. The addition ,.','ill reduce overall density by eliminatint~ th~' 277 d,.velling units allowable on the nc,.,,' acreage under existing ~.onin,.2. Based ~n its current one-unit-per-five-acre zoning, the 1.385 acres allows 277~units. Only existing. vested, and approved density '.','ill be placed on the new lands. However. ,,ye recognize that ,.vith/n the addition lands, density will be up to eight-fold higher than thc one-unit- per- fi,.'e-acre zoning o The proposed addition land ,.vas included in the urban area until the existing 1989 Comprehensive Plan was approved. Because the "southeastern tail", which includes the addition. `.vas previously within the urban area boundan,', more intense commercial. industrial, and residential uses have been developed or approved in the surrounding area at least as far. and in some instances, farther east of the urban boundan- than the proposed Fiddler's Creek addition. Therefore. the addition docs not "leap ~og" less intense de`.'elopment. The proposed addition is within the boundaries of the Collier Count,.' Water-Sewer o District with water and se`.ver service available. The District extends beyond the addition lands to other lands thrther fi.om the urban boundary. The Fiddler's Creek amendment proposal includes restoration of historic drainauc patterns to the v, etlands south ol'thc proposed addition ',,'ia dedication ora Ion~ sou,.z, ht after drainage easement to Collier County. and provision ora spreader swale s,.'stem to 12, 1 o 10. sheet rio`.`.' drainage into thc receiving wetland. Construc'.ion o£a one-mile ion,z, spreader swale ,,,,'ill attempt to recreate historic sheet rio,,,':; south across wetlands and discourage all-terrain-vehicles and other vehicular access to Rookery Bay wetlands. The width of the ne',,,' spreader s`.valc ,,viii also work to enhance water qu'ality. The granting of the drainage easements across the proposed addition ,.,,'ill alleviate the artificially high amount of drainage currently being diverted to ltenderson Creek. Bv eliminating agricultural water pumping facilities and restoring the new land's historic water table, the hydroperiods of contiguous state-owned wetlands will more closely approximate natural conditions. The Fiddler's Creek amendment has not been found to be out ofcompliance by the Department o£Community Affairs fDCA) or the Regional Planning Council pursuant to the urban sprav,'l Rule 9J-5, the Florida Administrative Code. An Objections. Recommendations. and Comment report `.vas issued by the DCA in December of 1997. The one objection stated dealt with the functional mix'oflMna, working, shopping. and recreational activities. The DCA is requesting more data ~d analysis to ensure that the amendment would not constitute urban sprawl. The develope~- has provided such data and analysis. ()/'the 1.385 acres in the addition lands, approximately 450 acres of undisturbed natural areas will be presets'ed. All preservation areas will be restored and enhanced bv the removal of exotics. Fiddler's Creek has offered to give up existing development rights in its PUD/DRI to an environmentally-significant area known as the "peninsula" which extends into Rt;oker'v Bay preserve area and place the 63 acres in a permanent conservation easement. The Conservancy originally had grave concerns about this proposed (irowth Manmzement Plan amendment and publicly objected to it at the October 14. 1997 Board of Cour~tv Commissioners IBCC) meeting. While we are now satisfied that the Fiddler's Creek' situation is indeed a unique case. the thct remains that Collier County is experiencing tremendous pressure tbr growth outside the urban boundary.. It is regrettable that at this time the Count,.' doe.-; not have Growth lVlanagement Plan and Land ~3evelopment Code amendments in place regarding criteria for PUDs outside the urban boundary. We worked with Collier Count,.' on such criteria in 1997 when the Twin Emzles PL.T) ca~e before the BCC. hov.'ever the issue has .,,'et to be resolved as County staff~ontinue to work throuuh the criteria to present to the BCC. Establishine a set ofs'ound criteria lbr development' outside the urban boundary is nothing less tha~ critical as growth pressures increase. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINCS To: Clerk to the Board: Please place the following as a: (Display Adv.. location, cie.) '" n mat;n , ~/' I" O'g'.' gDepVDiv: Comm. Dm'.ge~'./Planning Person:~ ~ {~fi,_ ~ ,~'~, ~ Dale: 0~-,~ Petition No. (Ifnone. give bfieraescription): p~-%42(2) ~~" Petitioner: (Name & Address): D Y Ass~ia~es Joint Venture, 4001 Tamiami Trail Noah, Suile 350, Naples, ~ 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. George L. Vamadoc, Esq., Young, ,.'an Asscndcrp & Varnadoc, P.A, ~01 Laurel Oak Drive, Suile 3g0, Naples, FL 34108 Hearing before XXX gCC BZA ] Other Newspaper(s) lo be used: (Complete only if imponant): Based on advertisement appcari~,'s's before hearing. XXX Naples Daily News Olhcr Proposed Text: (Include legal description 8: common location 8.: Size: I'-] Legally Required Companion petition,s), if any & proposed hearing d;~te: DOA-97-3 Docs Petition Fee include advertising cost? ~ [] No if Yes. x~hat account should be charged for advertising costs: 113-138323-649110 ~ Reviewed by: _ ,3 j,] e'" I Approved by: / Division Head v"' Dal~ County Manager Date List Altacllmenls: DISTRIBUTION INSTRUCTIONS ho For hearings before BCC or BZ~.: Initiating person to complete one co)' and obtain Division llead approval before submitting to Count)' Man:tger. Note: If legal document is invoh'cd, be sure that any ncccssao' legal review, or request for same, is submitted to Count)' Attorney before submitting to County Manager. The Manager's office will distribute copies: [] Count)' Managcr .'~genda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 'Z,'~./'-.,'; DateofPubli¢l,earSng: "2'/zY/~.Z'f' DateAdvcrtiscd: .-~/'Y'./5'F~ ,~ OF PAGES .j_ (including this cover) TO: MS. JI]DIT~ F~ANAC. AN LOCATION: NAPLES DAILY NEWS FAX NO.: COM}LENT S: 263-4864 1111111111111111111111111111111111111111111'11111111111111111111 FROH: ________ ELLIE HOFFMAN - MINUTES & RECORDS ~_ LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE 'NO: (813) 774-,q406 ato sent: -& ID DEPT CODEt c~.coX I January 16, 1998 I4s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider PetitiOn PUD-96-42(2) Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, o Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 12B-, 1 ' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as £ollows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY L~D DEVELOPMENT CODE WHICH INCLUDES THE COMPREI{ENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUtITY, FLORIDA BY PROVIDING FOR SECTION ONE ?~ICH AMENDS ZONING ATLAS ~/~S ..... ~ .. ~o~BERED 171718, 1719, AND 512728 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RUPA. L AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNO?~[ AS ~'[ARCO SHORES/FIDDLER'S CREEK FOR APPROXIMATELY 1385 ACRES MORE OR LESS OF PROPERTY FOR GOLF COURSE AND OPEN SPACE USES LOCATED IN SECTIONS 18, 19, AND 29, TO~SHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND AMENDING PUD ORDINANCES NUMBERED 84-42, 96-42, AND 96-74 WHICH ESTABLISHED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TOGETHER WITH ALL SUBSEQUENT ~'~=,fD,4nNTo THERETO BY PROVIDING FOR: SECTION TWO, ~4ENDMENTS TO SECTION I ENTITLED PROPERTY O?~ERSHIP AND DESCRIPTION; SECTION THREE, AMENDMENTS TO SECTION II ENTITLED PROJECT DEVELOPMENT; SECTION FOUR, AMENDMENTS TO SECTION V ENTITLED RESERVE DISTRICT - FIDDLER'S CREEK; SECTION FIVE, AMENDMENTS TO SECTION VIII ENTITLED PARKS, UNIT 30, UNIT 24, BARFIELD BAY :'iF ~;D HORR'S ISLAND DEVELOPMENT AREAS; SECTION SIX, ~ENDNENTS TO SECTION XI ENTITLED DEVELOPMENT STANDARDS; SECTION SEVEN, ''=' ~a'I~,;DMENTS TO SECTION XII ENTITLED STIPULATIONS AND CO~'~ITMENTS; AND SECTION EIGHT PROVIDING FOR AN EFFECTIVE DATE. Petition PUD-96-42(2), Mr. George L. Varnadoe, Esquire, of Young, '/an Assenderp & Varnadoe, P.A., representing D Y Associates Joint Venture, requesting an amendment to the Marco Shores/Fiddler's Creek Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIP34AN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12B-1 January 16, 1998 George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Public Hearing to Consider Petition PUD-96-42(2) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12B-i, January 16, 1998 D Y Associates Joint Venture 4001 Tamiami Trail North, #350 Naples, FL 34103 Re: Public Hearing to Consider Petition PUD-96-42(2) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128-.1: ORDINANCE 98- AN ORDINANCE AMENDING ORDINANCE 91-I02, AS AMENDED, THE COLLIER COUNT\' LAND DE\.t!LOPMENrT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE U,'NINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR SECTION ONE W'HICH AMENDS ZONING ATLAS MAPS NUMBERED 171718, 1719, and 512728 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MARCO SHORES/FIDDLER'S CREEK FOR APPROXIMATELY 1385 ACRES MORE OR LESS OF PROPERTY FOR GOLF COURSE AND OPEN SPACE USES LOCATED IN SECTIONS 18, 19, AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND AMENDING PUD ORDINANCES NUMBERED 84-42, 96-42, AND 96-74 %%q-tlCH ESTABLISHED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TOGETHER WITH ALL SUBSEQUENT AMENDMtiNTS THERETO BY PROVIDING FOR: SECTION TWO, AMENDMENTS TO SECTION I ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION; SECTION THREE, AaMENDMENTS TO SECTION II ENTITLED PROJECT DEVELOPMENT; SECTION FOUR, AMENDMENTS TO SECTION V ENTITLED RESERVE DISTRICT - FIDDLER'S CREEK; SECTION FIVE, AMENDMENTS TO SECTION VIII ENTITLED PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF AN'D HORR'S ISLAND DEVELOPMENT AREAS; SECTION SIX. AMENDMENTS TO SECTION XI ENTITLED DEVELOPMENT STANDARDS; SECTION SEVEN. AMENDMENTS TO SECTION XII ENTITLED STIPULATIONS AND COMMITMENTS; AND SECTION EIGHT PROVIDING FOR AN' EFFECTIVE DATE. Wt tEREAS, on June 12, 1984, the Collier County Board of County Commissioners approved Ordinance Number 84-42 establishing the Marco Shores Planned Unit Development; and WHEREAS, subsequent to said approval the Marco Shores PUD was amended on several occasions; and WHEREAS, on July 23, 1996, the Marco Shores PUD was again amended by Ordinance Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek Area of'said PUD; and B,~EREAS, on November 26, 1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD; and WHEREAS, George L. Varnadoe, Esquire of Young, van Assenderp & Varnadoe, P.A., representing D Y Associates Joint Venture, a Florida general partnership, petitioned the Board of County Commissioners to further amend the Marco Shores/Fiddler's Creek Planned Unit Development, as amended. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier Words sMdcd arc additions; words .,i~ ~,.:-. i: ,r,:.~h ,*re dclclions. 128-1, Count),, Florida that. SECTION ONE: REZONE OF AGRICULTURAL AREA FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT The zoning classification of the real property described herein as set forth in Exhibit "A", attached hereto and incorporated by reference, located in Sections 18, 19, and 29, Township 51 South, Range 27 East, Collier County, Florida, as indicated on Official Zoning Atlas Maps numbered 171718, 1719, and 512728 is hereby changed from "A', Rural Agricultural to "PUD" in accordance with the Marco Shores/Fiddler's Creek PUD Document, as amended, and as further amended herein. Official Zoning Atlas Maps numbered 171718, 1719, and 512728 as described in Ordinance 9 !- 102. the Collier Count>' Land Development Code, are hereby amended accordingly. SECTION TWO: AMENDMENTS TO PROPERTY OWNERSIIIP AND DESCRIPTION SECTION 96-74, 1.3 Section I entitled ........ Property OwnershJp and Descnp,on of Ordinances numbered 84-42, and the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: PROPERTY OV~WERSHIP The subject property, ',,,ith the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243i acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01i acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is owned by 69 GulfBay I00, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a Florida general pannership, hereinafter referred to as Developer. Unit 30 will be known as and referred to as Fiddler's Creek. 1.7 COMMU'NITY DEVELOPMENT DISTRICT The developer of Fiddler's Creek has established a Community Development District ("CDD") for the property owned by developer within the Unit 30 portion ofthe Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the 690 ac,,.~ bci-~s add,.d ~o Fiddler's Creek Addition. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. The ,~,., ac~¢ addi~io,, Fiddler's Creek Addition is amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1995). The 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East, (herein "Section 13") and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East by this amendment are herein collectively referred to as the Fiddler's Creek Addition. Words sl~ded arc addmons; v. ords ~, ~,.k ;l.~gh are deletions. 2 12B-1 SECTION TIIREE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION Section II entitled "Project Development" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: LAND USE SUMMARY MARCO SIIORES PLANNED UNIT DEVELOPMENT [.AND USE Umt 3n Umt 2.1 Isles of ! loft's Barfield J S Creek Goodland TOTAL . Capri Island Bay MI" MF Manna Residential Mult~- 1.12 30 105.89 2880 12.10 Family 289.09 i Sinele-Famslv 000 Residential 1140.30 14230 105.89 2880 12.10 ~1 ')r,. 1429.39 Business 3362 1260 7 41 170 5536 Parks 126.85 13.20 32.30 4.10 o,,,, 176.45 Recreation and 1483.98 10O0 4.70 . open space' ' 790 05 ] 5.02 1513.70 Schools 12 12 00 24O0 Utiliv,. 43 41 10.00 53.41 Comm. Facilities 603 2 00 8.03 Churches 5.00 500 Lakes 716.72 ]0.80 43002 747.52 Roads 190.8 23,60 10,60 0.30 0.81 226.11 152.42 Other 10.28 16.07 5.54 0.44 11.0t TOTAL PUD 3763.99 277.57 7.44 142.89 49.04 14.54 ACRES .... 2379 1 :- 15.83 4271.30 Residential Units 6000 254.1 300 314 72 9230 Ek:velopment Tract 1.6 9 17 2.10 6.40 4.95 0.O0 2.16 Dens irs' 2.55 3.20 ~ot differentiated Includes 2;3.3-7 693 acres of preserve **Original PUD did not include 42:= acres ofprese~'e In acreage *** I00~ acre park with lake in Section 29 will originally contain nursery, end perk uses will bc developed later in project. 2.4. MAXIbfUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project ' is ..... 42 4271,30 acres. The gross project density, therefore, is 3.20, 2.16 units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Words shaded arc addil,ons; ~.'ord$ ~, .~.k i: .... ~1, are delellons. 3 12B-1 Development Area Acres Dwelling Unit Gross Density ....... Fiddler's Creek 3,763.99 6,000 1.59 -.a:'J-797H' 2..55 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2. I0 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A ~78, 86:42 9230 3.20 4,271.30 2.16 'Corrects original PUD which did not reflect 42 acres of preserve 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development SeeAces Director. All lakes may be excavated in accordance with the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended as provided in the Settlement Agreement, except for $c¢fi,.,. 13 the Fiddler's Creek Addition, which shall be pursuant to the Land Development Code requirements. SECTION FOUR: AMENDMENTS TO RESERVE DISTRICT - FIDDLER'S CREEK SECTION Section V entitled "Reserve District - Fiddler's Creek" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 5.3 PEP~MITTED USES ANq) STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (~) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Wo~ds ~ arc add~tums. ~o~ds c,, ~',, ;h,~l, arc ddetams. 4 128- Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. Access to Parcel l l0 may be constructed through the Reserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing sa~d access through the Reserve District. The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddlers Creek. (3) The accessway shall not be considered a road or right-of-way, but shall be treated as a private accessway for the re~dents of Fiddler's Creek. Therefor, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Development Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisor3' Board ("EAB"). 5.4 DEVELOPMENT STANDAt:~S Within Fiddler's Creek, v/th the exception of $¢cfio,, 13 Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in o%;ci[oii +3 Fiddler's Creek Addition, extending at least fit~een feet (15') landward from the edge of wetland preserves in all places and averaging twenty-five feet (25') from the landward edge of wetlands. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height ofstructures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Words ,,haded arc additJons; x,,ords ;h~,.k i:,t,~,~h are delel~ons. 5 i28-1, SECTION FIVE: AMENDMENTS TO PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF AND IIORR'S ISLAND DEVELOPMENT AREAS SECTION Section VIII entitled "Parks, Unit 30, Unit 24, Barfield Bay MF and Horr's Island Development Areas" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to add two paragraphs entitled "Purpose" and "Uses Permitted" for the Fiddler's Creek Addition. Section 29, and to change the Section VIII title to read as Follows: SECTION VIII PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF, ,'&4D HORR'S ISLAND AND SECTION 29 OF THE FIDDLER'S CREEK ADDITION DEVELOPMENff' AREAS 8.4 PURPOSE The purpose &this Section is to establish development regulations applicable to Section 29 of'the Fiddlers Creek Addition, particularly Tract 110, the adjoining lake and the adjoining reserve area. 8.5 USES PERMITTED The uses on Section 29 are limited to the following: Uses set forth in Reserve Areas as set forth in Section 5.1.1 of this PUD: Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; Biking, hiking and nature trails, Launching and storage facilities for watercraft; Active recreational activities; F. Agricultural, including nurser~r, G. Any other conservation, recreation or related open space activity or use which is comparable in nature with the foregoing uses which in turn would be compatible. SECTION SIX: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Section XI entitled "Development Standards" &Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 11.5 CLEAR_TN'G, GRADING, EARTHWORK, AND SITE DRAINAGE All cleating, ~ading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations &the various review committees will be used as a guide to the final development &the drainage and road systems within the various development areas. Words sbasded ~r¢ addmons; words ~r~ are deletions. 6 Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. $cciio,~ 33 The Fiddler's Creek Addition was not covered by the Settlement Agreement or the Fill Agreement..%ctio,i 13 The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. 11.17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval oFthe proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereo£ A FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion o£the PUD: The perimeter berm For Section 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-SO 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of'Section 13 connecting to U.S. 41 outFall Swale No. 1. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). Within six (6) months ofapproval of the rezone of Section 13, Developer shall grant a "temporar3'" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west and north sides of Section 13, the profile of'which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part ofthe platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries ofthe easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (I) year of the approval oFthe rezone of'Section 13, pursuant to the process set forth in 3 above. B. FIDDLER'S CREEK SECTIONS 18 Aa.ND 19 The Follov~Sng standards and stipulations shall apply to Sections 18 and 19 of the Words shaded are additions. 'nords ~,;~,.;. Ii'. ~-~-, arc deletions 7 Fiddler's Creek portion of the PUD: Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS- 00-S0220 and SIS-00-S0110 to assist the Count}' in managing drainage on the U.S. ,I I corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: The temporary easement shall not exceed eighty-five feet (85') in width. County shall be responsible for all permitting regarding said easement and constructing any needed ouffall structures if the County desires to build the facilities prior to development of Sections 18 and 19. The above is subject to permitting by South Florida Water Management District ('SFWMD"). 3 V¢ithin 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19, Developer shall grant permanent easements as pan of the platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swaIe during said platting process, provided minimum flows are maintained. The purpose of the easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and 19. Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water to said outfall are routed into the Fiddler's Creek spreader swale system. I 1. ] 9 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping Special provisions for the possible preservation of' selected vegetation are provided in the stipulations relating to Horr's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to pro,Adc for the maximum possible preservation of native vegetation in these areas A t'rcservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservat,on areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 243 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC- A''. and as re~lated by Section V hereof Other than incorporation into the approved Words shaded arc addmons, v, ords ihud,, il .... ~.h are dclelmns 8 drainage design or as allowed by permits or this PUD, these areas will be left untouched, with the exception of the required removal o£ exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: C Land Development Code §3.2.8.3.17.2 - Sidewalks ,,rill be constructed as shown on the roadway cross-sections attached as Exhibit "FC-F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. Land Development Code §3.2.8.4.1 - The access requirements of this Section are waived and connections shall be as shown on the Master Plan. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan. E Land Development Code §3.2.8.4.16.5 - Right ofway widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F". Land Development Code §3.2.8 4 16.6 - The length of'dead-end streets or cul-de-sacs shall be as shown on the Master Plan. Land Development Code §3.28.4.16.9 &. l0 - The minimums ofthese sections are waived and these tangents shall be as depicted on the Master Plan, except for Section, -~3. ;% ~o £¢cfic,,~ t3 the Fiddler's Creek Addition. As to the Fiddler's creek Addition, the minimum of these sections may be waived administratively at time of PSP or development plan submittal with justification based on design speed. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for ~ the Fiddler's Creek Addition. which shall be in accordance with Division 3.5 of the Land Development Code. Land Development Code §3.2.8.4.16.12.d - The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit "FC-F", except for Section +-3 the Fiddler's Creek Addition where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. 11.22 SIGNS IN FIDDLER'S CREEK All sips in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, with the following exceptions: Words shaded are additions; '*ords ~tm.ekn. h~ are deletions. 9 128-1 Permanent Community Signage Project ldcntification Signs - Two ground, wall, or gate project identification signs may be located at each entrafice to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identi~ng the development, and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures. Where signage is affixed or an integral part ora wall or fence, the face ofthe sign may protrude above the upper edge ofthe wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height of ten feet (10') above the finished ground level ofthe sign site. Boundary Monument Signage - Project monument signs may be located at or near each boundary ofthe project on SiR. 951 and U.S. 41, provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of I !.22A. I) are met. Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than six feet (6') in height and thir~,-two (32) square feet in area, provided the requirements of Section l 1.22A. 1) not in conflict herewith are met. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section I i.22A. 1) not in conflict herewith. Temporary or Promotional Signage - These signs are to direct prospective purchasers and identify the various projects being developed. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence, the face ofthe sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10') above the finished grade of the sign site. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above Words shadcd arc additions; words stm~ uc dcJetmfls. ] 0 the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.B1) not in conflict herewith. Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of "may be erected, subject to the following requirements: (a) (b) Such signs shall not exceed six (6) square feet in area or protrude more than four feet (4') above the finished grade. Such signs shall meet the requirements of Section !1.22B. l) not in conflict herewith. SECTION SEVEN: AMEND,',IENTS TO STIPULATIONS AND COMMITMENTS SECTION Section XI[ entitled "Stipulations and Commitments" &Ordinances numbered 84-42 and 96- 74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 12.1 STIPULATIONS AND COMMITMENTS. ENVIRONMENTAL ADVISORY BOARD A. Conditions Recommended by Environmental Advisory Board ('EAB") (1) Staffrecommends approval for all development areas of Rezone Petition R- 84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval &the proposed construction in accordance with the Words IhaCled arc addmons; words ;;, .,.k ;:,,~a~h are deletions. ] ] 12.2 (6) (7) submitted plans is granted by Project Review Services. Historically, off-site flows have been and continue to be routed through the easterly portion ofthe proposed development. Should the existing routing of off-site flows be impacted by the initial proposed development, provisions shall be made for re-routing and/or continuing to allow historic off-site flows to pass through the initial phase proposed for development. Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved 'Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-1, dated January 1984, "Typical Lake Section', with respect to lake slopes and depths, and further, the lake setbacks from abutting rights-of-way will not be required provided safety barriers (which may include landscaping with ben-ns) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. The above does not apply to ....... 13 the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. STIPULATIONS AND COMMITMENTS. ENVIRON'MENTAL ADVISORY BOARD ("EAB") Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) (b) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. Follo~ing thb a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Env/ronmentalist vdll use the vegetation survey and work with Deltona or the architects hired by future owners of multi-family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (2) (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately zn4-3 ~693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception ofthe required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting ofthese specific areas. Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is Words ~haded are addmons: v. ord, :,;r,,,.k ;h,.~h are deleuon~. ] 2 uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of'time to give both Developer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed (c) Prior to any work in the Goodland Marina area, the Environmental Section, v. fth the assistance of selected local archeological assistance, will survey the developmem area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. (3) Water Resources - Quality Ca) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoffin development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements ofthe South Florida Water Management District and the Settlement Agreement, except for $¢ctlc, a 13 the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements ofthe South Florida Water Management District and the Settlement Agreement, except for $¢ction 13 the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. 12.4 STIPULATIONS ;uND CONLMITMENTS - UTILITIES A. Waste Water Management Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Dehona to undertake the responsibility for sewer service, as provided in "1" of this Section, by granting the follov,,ing modification to Deltona's Sewer Franchise Agreement, Words shaded are sddmons; words o;,~& ;L,~,h are dclcm~ons. ] 3 dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401. Page 304 et seq. (the 'Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the se'o,er franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit :24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (~) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination &the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. (d) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the Words shaded arc addilions; v, ords ,:.~.k ;,%~tJ, are dde~mna. 14 purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units/e.~s any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and /ess any portion of Dcltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (e) Either the Collier County Utilities Water-Sewer District or other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. It is anticipated that Developer will use treated wastewater effluent to meet the non-potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided for in (2) above, the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (]) The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. (2) All plans and .specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. (4) (~) All water users in the non-~nchised areas shall be County customers. Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS No filling of the east-west canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels I and 49 as depicted on Exhibit hereof. Words shaded are additions; words o;, 0.~, ;:,;~.~,;, are deletions. B. Ifthe development activities in Fiddler's Creek are the cause o£ilooding in the Pon- Au-Prince Project, Developer shall take immediate corrective action. C. Agricultural uses shall continue to be permitted on the undeveloped portions oi' Fiddler's Creek lying within the Fiddlers Creek Addition ....... 13, '" SECTION EIGIIT: EFFECTIVE DATE This Ordinance shall become effective at such time as its supporting comprehensive plan amendment, Ordinance Number 95- becomes legally effective as provided by Subsection 163.3189(2)(a), Florida Statutes (1995). PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY G:%USERSq..ANA\WP$1 ~]I)DLERAG PU1D.ORD Words shad~ arc mddilions; words ~i ~-.k ;6, ~l, arc d¢lC~Ons. 16 12B- 1, EXIIIBIT "A" LEGAL DESCRIPTION ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NOP, TH 1/2 OF SECTION 29, TOWNSHIP 51 SOUTH, P, ANGE 2? EAST, COLLIER COb~'TY, FLOP, IDA. [1,384.72 acres] O:~'S£RS I.AN A' V.~ ~ I '~':I~D LER A G~J.EG AL. ORDINANCE NO. CS-.,., AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT OF THE AGRICULTURAL/RURAL MIXED USE DISTRICT OF THE AGRICULTURAL/RURAL DESIGNATION OF THE FUTURE LAND USE C'ESIGNATION DESCRIPTION SECTION BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING UNITS FROM THE FIDDLER'S CREEK DRI, LOCATED IN THE URBAN COASTAL FRINGE SUBDISTRICT AND URBAN RESIDENTIAL FRINGE SUBDISTRICT OF THE URBAN - MIXED USE DISTRICT OF THE URBAN DESIGNATION, TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD, LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT, IN EXCESS OF ONE DWELLING UNIT PER FIVE ACRES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. 12 -t WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, George Varnadoe, of Young, van Assenderp and Varnadoe, P.A., representing DY Associates Joint Venture, contract purchaser, has submitted an application to the Collier County Planning Services Department to amend the Future Land Use Element of the Growth Management Plan by allowing reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI to certain lands added to the Fiddler's Creek PUD, in excess of one dwelling unit per five acres; and WHEREAS. Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on October 23, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to this Future Land Use Element amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS. Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of iEXHIBIT I this Future Land Use Element amendment to the Growth Management Plan on February 24, 1998; and WHEREAS. Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Growth Management Plan, including the following: the Collier County staff report; the Notice of Proposed Change application and Development Orders for the Fiddler's Creek DRI; the Fiddler's Creek PUD rezoning application; the document' entitled Collier County Growth Management Plan Amendment (CP-97-3) adding acreage to the Fiddler's Creek DRI, and 13 exhibits attached thereto; the letter dated January 6, 1998, to DCA Bureau Chief Tom Beck, prepared by Young, van Assenderp & Vamadoe, P.A.; the 1997 Market Conditions Study prepared by Fraser & Mohlke Associates, Inc.; the Report from Arthur C. Nelson, Ph.D.. ASCE, AICP: and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on February 5, 1998. and the Collier County Board of County Commissioners held on February 24, 1998; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ON[:: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Designation Description Section of the Future Land Use Element of the Growth Management Plan. Agricu!tural/Rural Designation. Agricultural/Rural. Mixed Use District, Agricultural/Residential Subdistrict. in accordance with Section 163.3184, Florida Statutes, The text of the amendment is attached hereto as Exhibit 'A" and incorporated herein by reference. SECTION T'WC): SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREF: EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Deparlment of Community Affair's, Bureau of Local Planning. 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee. Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~ day of February, 1998. A'r-rEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY A'i-T'ORNEY BARBARA B. BERRY CHAIRMAN CP-97-3 Fidd. Crk. Ord. EXHIBIT "A' Amend thc existing Future Land Usc Element of the Growth Management Plan to allow the reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek DRI located in the Urban designated area to certain lands added to the Fiddler's Creek PUD located in the Agricultural/Rural designated area. in excess of one dwelling unit per five acres. The proposed text change is to the Agricultural/Rural Designation. Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistfict, Paragraph A. 1., page LU-I-39, as follows: Agricultural/Rural - Mixed t;se District I. Agricultural/Residential Subdistrict The purpose of this Subdistrict is to protect and encourage agricultural activities while providing for Iow density residential use in outlying areas. Residential land uses may be allowed at a maximum density of I unit per 5 gross acres. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, RanRe 27 East added to Fiddler's Creek' DKI together with part of Section 29, Township 51 South, Rane~e 27 East, at a density greater than ! unit per 5 ~gross acres provided that no new units are added to the 6.000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRIg and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRIi and further provided that South Florida Water Management District jurisdictional wetlancl~ impacted by the DRI in said Sections do not exceed 10 acres. Words underlined are additions: g~iords ....... :!:rzugk are deletions. 12B~ 1- FIDDLER'S CREEK PUD/DRi AMENDMENT Comparisons of Conditions Before Amendment Sprawl CurrentSubject Amended Indicator PUD/DRISite PUD/DRi Total Acres 2,379 1,385 3,764 Total Res. Units Without SS PUD 6,000 277 6,277 With SS PUD 6,000 277 6,277 Amendment 6,000 Acres Developed . Without SS PUD 1,051 1,385 2,436 With SS PUD 1,051 569 1,620 Amendment 1,349 "ss" means "Subject Site." 1ZB-1 FIDDLER'S CREEK PUD/DR! AMENDMENT Factual Summary - Density Sprawl Indicator Before Amendment After Amendment Gross Density 1.67 du/ac1.59 du/ac Net Dev. Density 3.87 du/ac4.45 du/ac Net Res:., Density 4.49 du/ac5.42 d~/ac Finding Net developed land density increased. Net residential land density increased. Conclusion Amendment does not result Iow-density development. in 12B-l- FIDDLER'S CREEK PUD/DRI AMENDMENT Factual Summary - Excess Capacity Before Amendment Sprawl Indicator Residential Units 6,277 6,000 Units in Excess of Need 277 0 After Amendment Finding Units in excess of need reduced. Conclusion Amendment does not result in excess of need. development in 3 12B-l- FIDDLER'S CREEK PUD/DRI AMENDMENT Factual Summary- Attractive and Functional Mix- of Land Uses Sprawl Indicator Percent demand golf course provided. percent tennis Before Amendment 75% After Amendment 100% demand Percent demand provided. commercial met. 52% 81% 100% 96% Finding Attractive and functional mix of land uses improved. Conclusion Amendment and does not fail to provide an attractive functional mix of land uses. 12~-1' FIDDLER'S CREEK PUD/DRi AMENDMENT Factual Summary - Poor Accessibility Between Linked and Related L~nd Uses' Sprawl Indicator Percent residential units with[~q 10 minute walk of a center. Before Amendment After Amendment 71% Finding Accessibility between linked and improved. related land uses Conclusion Amendment does not fail between linked and to provide accessibility related land uses. 12B- 1- FIDDLER'S CREEK PUD/DR! AMENDMENT Conclusions The amended Fiddler's Creek PUD/DRI does not encourage the proliferation of urban sprawl. 6 NapLes DaiLy Naples, FL 339&0 Affidavit of Publication Naples Daily He~s BOARD OF COUNTY COHHISSIONERS ATTN: NANCY SALOGUB PO BOX A13016 NAPLES FL 3&101-3016 REFERENCE: 001230 ~00551 NOT%CE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Laeb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples 0ally Nays, a daily nevspaper published at Naples, in Collier County, Florida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further mays that the maid Naples Daily Nevs is a ne~spoper pubLtmhed at Naples, in said Collier County, Florida, and that the said nevmpaper has heretofore been continuously published in arid Collier County, FLorida, each day and has been entered Rs second class mail Batter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication ef the attached copy of adverttseaent; and affiant further says that mhe has neither paid nor promised any person, fire or coporatton any discount, rebate, co--Mission or refund for the purpose of securing this adverttaeeent For publication in the said newspaper. PUBL%SHE0 ON: 02/08 AD SPACE: 1A5.000 %NCH FILED ON: 02/09/98 Signature of Affiant S~orn to and Subscribed before Re thts PersonaLty knovn by ee .~ ~ ¥?~/ /'~ '~ ' ' / NOTICE OF INTENT TO CONS~E~ O~DINAHC~ t of on TUESDAY Fel3ruorv ~4 19~1, In ~ ~, ~d F~, A~ ~, ~1 E~f T~ mists ~ C~ A~ENOIN~ OqDI. T~ C~L~ COUNT~ LA~ ~L~NT CODE WHICH IN. CLUDE$ THE PREHEN~ ZONING ~EGULATIONS T~ ~I~P~AT. ED ~EA ~ C~L~R C~NTY, FL~IOA BY PROV~I~G F~ ~C- TION ONE WHICH A~ENDS ZONING AT- LAS ~A~ NUmBErED 171711 1719 AND ~1~ 'BY CHANGING BY CHANGING THE ZONING ~LASSIFICA. TION OF THE HEREIN DESCRIBED REAL PR~ERTY FRO~ RURAL AGRICULTUR. AL TO "PUD" PLANNED UNIT ~LOP~ENT KNOWN AS ~CO ~RES/ F~E~'S ~EEK F~ A~OXI~TELY A~ES M~E ~ ~ P~ERTY F~ G~F COURSE AND ~N ~A~ ~S L~ ~TED IN ~CTIONS 27 EAST COLLIER COUNTY ' FLORIDA' A~ A~N~NG ~ ORDINANCES NUM- BERED ' 14-42 A~ t~74 W~ E~ CO SHO~ES/I FIDDLER'S C~EEK / PLANHED UNIT DE- VELOPMENT TO. GETHER WIT~ ALL ~Q~NT A~ ~ENT~ TH~ETO BY ~OV~NG F~; TION TWO, AMEND. ~N~ TO ~CT~ ENT~L~ CRIPTION; SECTION THREE ' A~ENO- ~NTI ~O ~CTION ENTITLED PROJECT ~L~NT; ~C- T~ F~__ AMEN~ ~N~ TO ~CT~ V ENTITLED RESERVE DISTR~T . FI~ER'S ~EEK' ~CTION A~EN'D~ENT~ TO SECT/ON VUI ENTI. TLED PARK~ ~IT UNIT 24 BARFIELO BAY MF 'AND ISLAND DEVELOP- MENT AREAS; SEC- T I O N SIX AMENDMENTS T~ ~CT~N XI ENT~ED ~L~NT STAN- D.DS' ~ION ~V- EN, A~E~NTS TO ~CTI~ XII ENTICED ~TI~ULATIONS AND CO~IT~NT&. AND ~CTION EI~ PRO- Vt~ F~ AN EF- FE~I~ ~ ~d ~ll ~ o ~ OF COUNTY COLLIER COUNTY~ FLC~IOA BARBARA B BERRY, DWIGHT ~. ORDINANCE 98- !3 AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, V~q-IICH INCLUDES TIlE COMPREtiENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COI.LIER COUNTY, FLORIDA BY PROVIDING FOR SECTION ONE W[IlCI! AMENDS ZONING ATLAS MAPS NUMBERED 171718, 1719, and 512728 BY CHANGING TIlE ZONING CLASSIFICATION OF TiIE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MARCO SilORES/FIDDI.ER'S CREEK FOR APPROXIMATELY 1385 ACRES MORE OR LESS OF PROPERTY FOR GOLF COURSE AND OPEN SPACF. L'SES LOCATED IN SECTIONS 18, 19, AND 29, TOWNSIIIP 51 SOUTtt, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND AMENDING PUD ORDINANCES NU,MBERED 84-42, 96-42, AND 96-74 WHICH ESTABLISI tED 1'lIE MARCO SI IORI£S/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TOGETIIER WITII ALL SUBSEQUENT AMENDMENTS THERETO BY PROVIDING FOR'. SECTION TWO, AMENDMENTS TO SECTION I ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION; SECTION THREE, AMENDMENTS TO SECTION II ENTITLED PROJECT DEVELOPMENT; SECTION FOUR, AMENDMENTS TO SECTION V ENTITLED RESERVE DISTRICT - FIDDLER'S CREEK; SECTION FIVE, AMEND.MENTS TO SECTION VIII ENTITLED PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF AND HORR'S ISLPuND DEVELOPMENT AREAS; SECTION SIX, AMENDMENTS TO SECTION XI ENTITLED DEVELOPMENT STANDARDS; SECTION SEVEN, AMENDMENTS TO SECTION XII ENTITLED STIPULATIONS AND COMMITMENTS; AND SECTION EIGHT PROVIDING FOR AN EFFECTIVE DATE. Wt {EREAS, on June 12, 1984. the Collier County Board of County Commissioners approved Ordinance Number 84-42 establishing the Marco Shores Planned Unit Development; and WHEREAS, subsequent to said approval the Marco Shores PUD was amended on several occasions, and WHEREAS, on July 23, 1996, the Marco Shores PUD was again amended by Ordinance Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek Area ofsaid PUD; and WHEREAS, on November 26, 1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area ofthe Marco Shores PUD; and WHEREAS, George L. Varnadoe, Esquire of Young, van Assenderp & Varnadoe, P.A., representing D Y Associates Joint Venture, a Florida general partnership, petitioned the Board of County Commissioners to further amend the Marco Shores/Fiddler's Creek Planned Unlt Development, as amended. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier Words ~hadcd are add. mon~. ~.,,ords ,;.~k ;:,,~,~;, are d¢letlon~ County, Florida that: SECTION ONE: REZONE OF AGRICULTUIbtL AREA FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT The zoning classification of the real property described herein as set forth in Exhibit ~A', attached hereto and incorporated by reference, located in Sections 18, 19, and 29, Tov,'nship 51 South, Range 27 East, Collier County, Florida, as indica~ted on Official Zoning Atlas Maps numbered 171718. 1719, and 512728 is hereby changed from "A", Rural Agricultural to "PUD" in accordance with the .Marco ShoresFiddler's Creek PUD Document, as amended, and as further amended herein. Official Zoning Atlas ,~laps numbered 17 i 7 i 8, 1719. and 512728 as described in Ordinance 91-102, the Collier County' Land Development Code, are hereby amended accordingly. SECTION T~3,'O: AMENDMENTS TO PROPERTY OWNERSIIIP AND DESCRIPTION SECTION Section I entitled "Property Ownership and Description' &Ordinances numbered 84-42, and 96-74. the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 13 PROPERTY OV, ,'NERSHIP The subject property, with the exception of Unit 30, is currently under the ownership &The Dehona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion &Unit 30 (243± acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01± acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder &Unit 30 within the Fiddler's Creek PUD is owned by CrB Gulf Bay 100, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a Florida general partnership, hereinafter referred to as Developer. Unit 30 will be known as and referred to as Fiddler's Creek. 1.7 COMMUNITY DEVELOPMENT DISTRICT The developer of Fiddler's Creek has established a Community Development District CCDD") for the property owned by developer within the Unit 30 portion &the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the ~"~ .... '- -:-- - · · · ...... ~ -~-,-s ,~,~, ~o Fiddler's Creek Addition. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. The ,.,.,~, ac~¢ ......... Fiddler's Creek Addition is amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1995). The 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 SoUth, Range 26 East, (herein "Section 13') and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East by this amendment are herein collectiVelY referred to asthe Fiddler's Creek Addition. Words s~adcd ate addmons, v, ords o~,~k ~l,co~h ate deletions. 2 12B1 ..1 SECTION TIIREE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION Section II entitled "Project Development" of Ordinances numbered 84-42 and 96-74, thc Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: LAND USE SUMMARY MARCO SIIORES PLANNED UNIT DEVELOPMENT LAND USE Unit 30 Unit 24 Islc..~ of lion's Barfield J S Creek Goodland TOTAl, Capri Islamt ilav .~ ~ Marina Residential Muht- 142 30 105 89 28 go 12 10 289.09 Famib,' Sin~le-Famfi? 000 Residcmial 1140.30 la2 30 105 ~9 28 gO 1210 1429,39 Business 33 62 12 60 7 44 I 70 $536 [)arks 126.85 13 20 32 30 4 10 176.45 ''"' 73 49 Recrcauon and 14821.98 10 r39 4 70 15.02 151~.70 otxm si,acc" 7$'q c,3 ~19.75 .ScN~,ls 12 12 O0 24.00 Utfllt~ 4.t 41 10 09 53.41 Corem Facilities 6 03 2.00 8.03 Churches 5.00 5.00 l.akes 716.72 30 g0 747.52 43,')02 Roads 190.8 23.60 10.60 0.210 0.81 226.11 11711 :|52A2 Other 10.28 16.07 5.54 0.44 ' 32.3t TOTAL PUD 3763.99 27757 7.44 142.89 49.04 14.54 15.83 4271.30. ACRES" .... Il 2gg6.42 Rcsidcntial Units 6000 2544 300 314 72 9230 Development l'ract 1.6 9.17 2.10 6.40 4.95 0.00 2.16 Densiw 2.55 *Not differentiated '*Includes 243.37 693 acres of prcscn'e "**Original PUD did not include 42± acres of preserve in acreage ***** 10Od: acre park with lake in Section 29 will originally contain nm'aery, and park uses will be developed later in project 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project is 2gg6.42 4271130 acres. The gross project density, therefore, is 3.20 2.16 units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Words shadcd arc add:tions; v, ords i:.,,,:, ~: .... ~I, are deletions. 3 Development Area Acres Dwelling Unit Gross Density ....... Fiddler's Creek 3,763.99 6,000 1.59 ...... ~I 2.55 Unit 24 277.57 2,544 9. I 7 Isle of' Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A 2,gg6.42 9230 3.20 4,271.30 2.16 *Corrects original PUD which did not reflect 42 acres of preserve. 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended as provided in the Settlement Agreement, except for Sectio,i 13 the Hddlee$ CfeekAddit|on, which shall be pursuant to the Land Development Code requirements. SECTION FOUR: AMENDMENTS TO RESERVE DISTRICT - FIDDLER'S CREEK SECTION Section V entitled "Reserve District - Fiddler's Creek" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 53 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Words shaded irc additions; ',sords ~, ~cL ;|;,w~sl, are deletion,,. 4 !labhat Enhancement and Managcment Plan adopted as mitigation for thc United States Corps of Engineers Dredge and Fill Permit No. 781]-0653, as amended. (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. Access to Parcel 1 I0 may be constructed through the Reserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the Reserve District. (i) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek. (3) The accessway shall not be considered a road or right.of, way, but shall be treated as a private accessway for the residents of Fiddler's Creek. Therefore, the accessway may be limited in width and materials utilized to mirdmize environmental impacts. (4) If deemed necessary by the Development Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB'). 5.4 DEVELOPMENT STANDARDS Within Fiddler's Creek, with the exception of 2¢cti,~,, 13 Fiddler's Creek Addition, all structures shall setback a minimum of five feet ($') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in gec;io,; -t-3 Fiddler's Creek Addition, extending at least fifteen feet (15') landward from the edge of wetland preserves in all places and averaging twenty-five feet (2.5') from the landward edge of wetlands. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures. Five feet (5'). F. Minimum floor area - None required. O. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Words slmded arc additions; 'v. ords ;:, ~.k ;:,,u,.q~h are deletions. 5 SECTIO~ F~VE: AMENDMENTS TO PAR~S, UNiT ~O, UNiT ~, BARF~ELD BAY MF AND IIORR'S ISLAND DEVELOPMENT AREAS SECTION Section VIII entitled "Parks, Unit :30, Unit 24, Barficld Bay MF and Horr's Island Development Areas" of Ordinanccs numbered 84-42 and 96-74, thc Marco Shorcs/Fiddlcr's Creek PUD, as amcndcd, is hereby amended to add two paragraphs entitled "Purpose" and "Uses Permitted" for thc Fiddler's Creek Addition, Section 29, and to change the Section VIII title to read as follows: SECTION VIII PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF, AND HORR'S ISLAND AND SECTION 29 OF THEFIDDLER'S CREEK ADDITION DEVELOPMENT AREAS 8.4 PURPOSE The purpose of this Section is to establish development regulations applicable to Section :29 of the Fiddlers Creek Addition, panicularly Tract 110, the adjoining lake and the adjoining rese~e area. 8.5 USES PEI~MITTED The uses on Section 29 are limited to the following: A. Uses set forth in Reserve Areas as set forth in Section :5.1.1 of this PUD; B. Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; C. Biking, hiking and nature trails, D. Launching and storage facilities for watercratt; E. Active recreational activities; F. Agricultural, including nursery; G. Any other conservation, recreation or related open space activity or use which is comparable in nature with the foregoing uses which in turn would be ComPatible. SECTION SIX: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Section XI entitled "Development Standards" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 11.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development ofthe drainage and road systems within the various development areas. Words shaded arc addilJons, v. ords o;....k ;.:,,v~el, arc deletiOns. 6 Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. Sec;ion 13 The Fiddler's Creek Addition was not covered by the Settlement Agreement or thc Fill Agreement. Srct'iom~ The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. I I. 17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of thc Fiddler's Creek portion of the PUD: The perimeter berm for SeCtion 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-O01-SO 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. I. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. Ail of the above are subject to permitting by South Florida Water Management District (SFWMD), Within six (6) months ofapproval of the rezone of Section 1:3, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. I along the west and north sides of Section 1:3, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (I) year of the approval of the rezone of Section 13, pursuant to the process set forth in :3 above. B. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Word~ fl,_.c~ed are ad&aero: v.o~ds ~;.~k ;h,,.-~h ate dek"~m,. 7 Fiddler's Creek portion orthe PUD: l Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. The developer shall provide for a water management easement along thc east sides of Sections 18 and 19 to pass through existing flows from culverts SIS- 00-S0220 and SIS-00-S0110 to assist the County in managing drainage on the U.S, 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: The temporat3' easement shall not exceed eighty-five feet (85') in width ' County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections 1 $ and 19. The above is subject to permitting by South Florida Water Management District ("SFWMD'). Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five toot (85') "temporary" easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall ,grant permanent easements as part ofthe platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process, prox4ded minimum flows are maintained. The purpose of the easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and 19. Any temporary outfall constructed by the County may be removed by Developer ifthe flows accommodated by water to said out£all are routed into the Fiddler's Creek spreader swale system. I 1 19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horr's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately -24-3. 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC- A'', and as regulated by Section V hereof Other than incorporation into the approved Wo,d,~ ahadcd arc addlt,on,~, v, otd~..;, ~k ;',,;,,,.t..~, arc deletions. 8 drainage design or as allowed by permits or this PUD, these areas will be left untouched, with the exception of the required removal of. exotic vegetation, and deeded to the homeowners association or approved entity upon platting of. these specific areas. 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The follo~ving Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: A Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit "FC-F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. Land Development Code §3.2.8.4.1 - The access requirements of'this Section are waived and connections shall be as shown on the Master Plan. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.5 - Right ofway widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F". Land Development Code §3.2.8.4.16.6 - The lenbrth ofdead..end streets or cul-de-sacs shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.9 &. 10 - The minimums of'these sections are waived and these tangents shall be as depicted on the Master Plan, except for ~ ,.,. As :c, o~,,,~,,, ,., the Fiddler's Creek Addltion.:: ~to the:iHddler's. Creek Addition, the minimum of these sections may be waived administratively at time of. PSP or development plan submittal with justification based on design speed. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for,,~,~,,~,,,'-- 13 the Fiddler's Creek Addition, which shall be in accordance with Division 3.5 of.the Land Development Code. Land Development Code §3.2.8.4.16.12.d - The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit "FC-F", except/'or vaeeth:~ -'r-3 the Fiddler's Creek Addition where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. 11.22 SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of. Site Development Plan approval, with the following exceptions: Words shaded arc addmons. ',~,ords ..;, ,.',, ;h~..u~:, arc deletions. 9 1281 Permanent Community Signagc Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development, and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures. Where signage is affixed or an integral part ora wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height often feet (I0') above the finished ground level of the sign site. Boundary Monument Signage - Project monument signs may be located at or near each boundary ofthe project on S.R. 951 and U.S. 4 I, provided that no such sign shall exceed twelve (I 2) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of I 1.22A. l) arc mcr Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than six feet (6') in height and thirty-two (32) square feet in area, provided the requirements of Section i 1.22A. I) not in conflict herewith are met. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A. 1) not in conflict herewith. Temporary or Promotional Signage - These signs are to direct prospective purchasers and identify the various projects being developed. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wail or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10') above the finished grade of the sign site. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above Words shaded are additions; words ~;n.,,.k ;: ..... ~1, are deletions. ] 0 1281 the finished grade o£ the lot, provided such sign shall only contain the f'ollo~4ng information: lot number, name of'owner or builder, and telephone number for contact, and shall comply with the requirements of Section I 1.22.B. I ) not in conflict herewith. Residential Construction l.ot Signs - During thc construction phase on any residential lot, a temporary sign identifying thc owner, builder, lot number, and phrase such as "the new home of. "may be erected, subject to the following rc(luircmcnts: (a) Such signs shall not exceed six (6) square feet in area or protrude more than four feet (4') above lhe finished grade. Such signs shall mcct thc requirements of Section 11.22B. 1) not in conflict herewith. SECTION SI-;VEN: AMENDMENTS 'fO STIPULATIONS AND COMMITMENTS SECTION Section XIi entitled "Stipulations and Commitments" &Ordinances numbered 84.,42 and 96- 74. the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 12 1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD A Conditions Recommended by Environmental Advisory Board ('EAB") ( l ) Staffrecommends approval for all development areas &Rezone Petition R- 84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina ¢3) Resubmission to EAB for Conceptual Drainage approval for the Isle of'Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Muhi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the Count), Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. ¢4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of' the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness &the golf course lake system and the extent &the water management system, including spreaders. that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval &the proposed construction in accordance with the Words shaded arc addmons, u. ords Wrt~ am deletions 12.2 submitted plans is granted by Project Review Services. ! Iistorically, off-site flows have been and continue to be routed through the easterly portion ofthe proposed developmem Should the existing routing of off-site flows be impacted by the initial proposed development, provisions shall be made for re-routing and/or continuing to allow historic off-site flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-I, dated January 1984, "Typical Lake Section', with respect to lake slopes and depths, and further, the lake setbacks from abutting rights-of-way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. The above does not apply to $¢¢fic,~, 13 the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD ("EAB") Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. (b) Follm~ing this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi-family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (2) Cd) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of F'loHda in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 243 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will be lel~ untouched, with the exception ofthe required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is Wends shad~ are add,'sons, v. ords o;...L. ;:,,~.el, ate deletions. uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufiident length oftime to give both Developer's archaeological consultant and/or one sc]cctcd by thc Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed (c) Prior to any work in thc Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the dt.welopment area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, Io remove any significant artifacts, Water Resources - Quality To ensure sufl]cient treatment of water runoff from development areas, final water management plans will retain and treat all runoffin development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of'the South Florida Water Management District and the Settlement Agreement, except for Set,k,, 13 the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of'the South Florida Water Management District and the Settlement Agreement, except for £¢¢tic,,, 13 the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. 12.4 STIPULATIONS AND COMMITMENTS - UTILITIES A Waste Water Management Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in 'i" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, Words shaded are additions; ',vords :;,,~:, ;:,.vu~h are dcl¢lions. ] 3 °, · (d) dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:), (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area' under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights. Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities sen4ng Unit 24. In the event Collier County exercises this option, the Words shaded arc addmons; v, ords .h.& ;: .... .~1, arc delcfions. 14 purchase price shall be determined by adding: The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of thc treatment facilities fifCollier County docs not desire to take title to such treatment facilities) and h,.v.~' any portion of Dcltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and {2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing alter 100 customers have been connected to the system through the date of closing Either the Collier Count)' Utilities Water-Sewer District or other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. It is anticipated that Do'eloper ,,,,'ill use treated wastewater effluent to meet the non-potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided tbr in (2) above, the effluent distribution lines will be included in the leaseback. Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B Water Supply and Treatment and Distribution The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor ofwater to those portions of the development lying within an)' non-franchised areas. (2) All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities DMsion for conformance with current subdMsion requirements and Utilities DMsion standards for construction. (3) All transmission and distribution facilities ,Mthin the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into sen'ice (4) All water users in the non-franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS No filling of the east-xvest canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels I and 49 as depicted on Exhibit "FC-A" hereot~ shaded Ir'the development activities in Fiddler's Creek are the cause ol'flooding in the Port- Au-Prince Project. Developer shall take immediate corrective action. Agricultural uses shall continue to be permitted on the undeveloped portions o£ Fiddler's Creek lying within the Fiddler's Creek Addition ~ SECTION EIGIIT: EFFECTIVE DATE This Ordinance shall become effective at such time as it's supporting comprehensive plan amendment, Ordinance Number 98- /'~ becomes legally effective as provided by Subsection 163.3189(2)(a), Florida Statutes (1995). Florida, this '~',/'; day of' /~~.. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLFER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY G:,,USERS LANA'~,tT51 I:IDDLER.AG PUD.ORD February 18, 1998 Words shaded are add,t,ons; ~ o~ds ;;, ~',, ;:,,~s:, are dclelions. 16 EXIlIBIT "A" LEGAL DESCRIPTION ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NORTH 1/2 OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [1,384.72 acres] AMENDMENT TO MARCO SIlORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO: FIDDLER'S CREEK PREPARED BY: GEORGE L. VARNADOE, ESQ. YOUNG, VAN ASSENDERP & VARNADOE, P. A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 (941) 597-2814 Wofda sh~l~d are addition~; wmdJ ~'~ arc dclctiem. DATE FILED: A,~_~,,~, .,0. 19,,, DATE APPROVED BY CCPC: DATE APPROVED BY BCC: ~//,~/¢ [ ORD~CE ~ER: ~-/~ ~ SECTION SECTION SECTION II III SECTION IV SECTION V SECTION Vi SECTION VIA SECTION VIB SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI SECTION XII INDEX PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL LAND USE DISTRICT DEVELOPMENT (FIDDLER'S CREEK) MULTI-FAMILY RESIDENTIAL DEVELOPMENT RESERVE DISTRICT (FIDDLER'S CREEK) BUSINESS DEVELOPMENT ISLE OF CAPII. I COMMEP. CIAL DEVELOPMENT AREA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS GOLF COURSE AND CLUB CENTER DEVELOPMENT PARKS AND RECREATION DEVELOPMENT UTILITY/ELECTRIC DEVELOPMENT MARINA DEVELOPMENT DEVELOPMENT STANDARDS STIPULATIONS AND COMMITMENTS PAGE 1-1 2-1 3-I 4-1 5-1 6-I 6A-I 6B-1 7-1 8-1 9-1 10-1 11-1 12-1 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" MASTER PLAN LOCATION MAP LEGAL DESCRIPTION OF DEVELOPMENT TRACTS IMPROVEMENT ESCROW AGREEMENT LETTER OF COMMITMENT Words nhaded ate additions; words o~...k ~ .... ah are deletions. EXHIBIT "FC-A" EXHIBIT 'FC-C" EXHIBIT "FC-F" EXHIBIT "FC-G" FIDDLER'S CREEK MASTER PLAN LEGAL DESCRIPTION OF FIDDLER'S CREEK FIDDLER'S CREEK ROADWAYS CROSS-SECTIONS AIRPORT OVERLAY ZONE 1.1 1.2 1.3 1.4 12Bl SECTION I PROPERTY OWNERSIIIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and t,o describe the existing conditions of the property proposed to be developed under the proje¢4 name of MARCO SHORES PLANNED UNIT DEVELOPMENT. LE~vAI. DESCRIPTION The development is comprised of several geographic areas generally referred to as Unit 30, Unit 24, Isle of Capri, Barfield Bay Multi-family, John Stevens Creek, ltorr's Island (Key Marco), and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. PROPERTY OWNERSIJIP The subject property, with the exception of Unit 30, is currently under the ownership of The Dehona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion &Unit 30 (243+ acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01+ acres) is owned by Southern States Utilities and is utilized as part &their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is owned by GB Gulf Bay 100, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture,?a Florida general partnership, hereinafter referred to as Developer. Unit 30 will be known as and referred to as Fiddler's Creek. OENERAL DESCRIPTION OF PROPERTY AREA Marco Shores Planned Unit Development lies in and north of the present existing community of Marco Island. The project areas have been defined in a Stipulation for Dismissal and Settlement Agreement (herein "Settlement Agreement") between The Deltona Corporation and federal and state agencies, Collier County, and various conservation groups. That Settlement Agreement was dated July 20, 1982, and provides for the development of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The total area &development included in this planned unit development project is 2133.22 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area emends to the east and north and fronts on U.S. Words Shaded are additions; words oc,~c;: zhzz~ are deletions, i - ! 1.5 tlighway 41. The Isle of Capri business tract is located on the northwest corner of the intersection of State Road 951 and 953. The Barfield Bay Multi-family, John Stevens Creek and Goodland Marina development areas are located in the eastern~ section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. Horr's Island (Key Marco) is a separate island south of but immediately adjacent to the Barfield Bay Multi-family area in the eastern portion of Marco Island. ,, Various current zoning classifications are applicable to the separate areas of the development. Unit 30, Isle of Capri, and Horr's Island development areas are currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield Bay Multi-family, John Stevens Creek and Goodland Marina areas are currently platted and zoned as Residential Property with some ST overlay. PI tYSICAL DESCRIPTION The Unit 30 development tract is fiat pineland gently sloping to the south. Typical elevation of the property is approximately 4-I/2 feet above mean sea level. The southern boundary of the tract has been established by federal and state agencies as the northern limit of the adjacent impounded wetlands in the area east of State ROad 951. The Unit 24 development area is comprised of some impounded wetlands and pine and palmetto vegetation established on land reaching an elevation in some spots to 8 feet above mean sea level. The boundaries of this development tract have been established by state and federal agencies as the landward limits ofthe valuable mangrove wetlands in the area. Isle of Capri business tract is comprised of an upland area that previously has been used as a dump site as well as some fringing wetlands. The development boundary of this site has been established by state and federal agencies. ~ Barfield Bay Multi-family and John Stevens Creek areas are comprised of large areas of scarified land where the high ridge fill has been removed in past ),ears. The fringes to these areas are composed of hammock vegetation. Goodland Marina site has been a historic dump site in the Goodland area. Some wetland areas have been approved for development to allow this water related recreational facility. The waterward boundary ofthis Tract has also been established by state and federal agencies. Horr's Island (Key Marco): This island is characterized by a high ridge reaching to 38 feet above sea level. Historic occupation of this island has variously used it for pineapple plantations and other farming. The natural hammock vegetation however has been reestablished on these farmed areas. The island is characterized by steep side slopes and high 1.6 1.7 central spine elevations. Water Management for the proposed project Will be as conceptually described in the state- federal agreement as modified by stipulations included in this document as a result of a detailed review by the Water Management and Environmental Review Committees. PROPER NAME The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as Fiddler's Creek. COMMUNITY DEVELOPMENT DISTRICT The developer of Fiddler's Creek has established a Community Development District CCDD") for the property owned by developer within the Unit 30 portion of'the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the 690 acres being added to Fiddler's Creek Addition. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. The 690 acre addition Fiddler's Creek Addition is amenable to infrastructure provision by a district that has the powers set forth in Chapter 190. F.S. (1995). The 690 acre previous addition to Fiddlels creekin Seeti6n' 13, To~,ynshiP'iS!i:SoUth~'Range 26 East, .(herein "Section 13 ") and the 1385 acres in. sectiOns' .I 8, 19}':.arid' 2~,':!iTom'Shil~: 51 South,'Range 27 East .by this amendment are h~rein C°ileg'tlve[y tel'erred :t6::'h~?ihe'Fidcil'er's Creek Addition. Hord~ abided are addltlon~; worda ~..-_~ :1 .... ~L are deletions. 2.1 PURPOSE SECTION Ii PROJECT DEVELOPMENT 2.2 2.3 The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for MARCO SItORES PLANNED UNIT DEVELOPMENT. Regulations for development of MARCO SI IORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents ofthis document, PUD- Planned Unit Development District and other applicable section and parts of the "Collier County Land Development Code". Unless otherwise noted, the definitions ofall terms shall be the same as the definitions set forth in "Collier County Land Development Code". PROJECT PLAN AND LAND USE TRACTS The project site plan, including layout of streets and land use ofthe various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are illustrated individually and each development tract includes various land uses. A summary ofthe land uses in each development area is summarized on the table below. Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. The PUD Master Plan for Fiddler's Creek Exhibit "FC-A" (this Exhibit supersedes the Marco shores Master Plan Exhibit "A"), is attached hereto and made a part here&by reference. The land uses in Fiddler's Creek ('Unit 30) are included in the Land Use Words ~heded are additions; words ~,~ck ~ .... .;h are deletions. 2-1 Summary below. LAND USE SUMMARY MARCO SIIORES PLANNED UNIT DEVELOPMENT I,AND USE UNIT 30 IINIT 24 IS[,F,S ¢)F I IOI,',R'S BARFIEL J S CRIiF, K Goodland TOTAl, CAPRI Island I) BAY MI: MI: Marina Residential Multi- 142.30 105.89 28.80 12.10 289.09 Family Sin~le-l:amily 0.00 Residential 1140.30 142 3o 105.89 28.80 12.10 1429.39 Business 33 62 12r~) 744 1.70 55.36 Parks 126.85 13 2{') 32.30 4. I0 176.45 Recreation and 1483.98 10.00 4.70 15.02 1513.70 opcrl space** Schools 12 1200 24.00 Utility 43.41 10.00 53.4 I Corem. Facilities 6.03 2.00 8.03 Churches 5.00 5.00 Lakes 716,72 30.80 747.52 Roads 190.8 23.60 10.60 0.30 0.81 226; l I 117" Other 10.28 16.07 5.54 0.44 TOTAL PUD 3763.99 277.57 7.44 142.89 49.04 14.54 15.83 4271.30 ACRES,*** Residential Units 6000 2544 300 314 72 9230 Development Tract 1.6 9,17 2. I 0 6.40 4.95 0.00 2.16 Density 2.55 3 20 *Not differentiated **Includes ..... fp ,~-,.,..,, 693 acres o reserve Words Shaded arr~ additions; words .3~,~:X ;',,,o.,~?. are doletions. 2-2 1281 ****Original l'tfl) did not include 42:t: acres of preserve in acreage acre p~rk with lake in Section 29 will originally cony, in nursery, and ParkUSes':~ill be devel~d 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project is 2?,?,6.42 427L30 acres. The gross project density, therefore, is 3.20 2.16 units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area Acres Dwelling Unit Gross Density ~ Fiddler's Creek 3,763.99 6,000 '1.59 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A ~,oo~..~ 9230 3.20 4,271,30 2;i6 *Corrects original PUD which did not reflect 42 acres of preserve. 2.5 PROJECT PLAN APPROVAL REOUIREMENTS Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. B. Exhibit "A" - Master Plan, constitutes' the required PUD Development Plan and the Words shaded are additions; words s~.~.;~ ~t,:.:u.;~, are deletions. 2- 3 Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval. Exhibit "FC-A" - Fiddler's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC-C" hereof. 2.6 SITE PLAN APPROVAl, When site plan approval is required by this document, the following procedure shall be followed' 2.7 A written request for site plan approval shall be submitted to the Development Services Director for approval. The request shall include materials necessary to demonstrate that the approval of tile site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (Fraction of.Tract) to a subsequent owner, or proposes development of such properly himself, the developer shall provide to the Development Services Director for approval, prior to the development ofthe tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size ofaccess to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional pans therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size ofaccess to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. Thc developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract ifa Final Site Plan is submitted and approved for the entire tract. Words shaded are eddttlons; words sz,,~:k ~; .... ~ are deletions. 2- 4 The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Land Development Code requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. In evaluating the fractionalization plans, the Development Services Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility ofthe fractional parts to public or private roadways, common areas, or other means ofingress and egress. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. In the event the Developer violates any ofthe conditions ofthis PUD Ordinance, or otherwise fails to act in full compliance with this PUD Ordinance, the County shall, pursuant to the notice and hearing requirements of this Section: Stay the effectiveness of this PUD Ordinance; and 2. Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred. As a prerequisite to such action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. Ifa violation takes place, the County shall give the violator written notice by certified mail, return receipt requested. Said notice shall state the following: t. The nature of the alleged violation; and The tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred; and That the violation must be cured within fifteen (15) days ofthe date ofthe notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt ofthis notice; and 4. That ifthe violation is not cured within such time period, the Board of County 12B1 2.8 2.9 2.10 Commissioners shall hold a public hearing to consider the matter; and That the hearing must be held no less than fifteen (15) days nor more thart thirty (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen (15) day period, the violator's commencement of diligent, good faith efforts to cure said violation within this period shall obviate the need to hold the public hearing. The PUD Ordinance shall remain in full force and effect during the pendency of the cure period. ~ In the event the violator fails to commence diligent good faith efforts to cure or to pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violation by the Developer, its agents, grantees, successors or assigns. For purposes of this Section, the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development area. I.AKE SETBAGK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance xvith the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended as provided in the Settlement Agreement, except for Seetion-~ the Fiddler's Creek Addition, which shall be pursuant to the Land Development Code requirements. USE OF RIGHTS-OF-WAY Within Fiddler's Creek, lands within project rights-of-way may be utilized for landscaping, decorative entranceways, gates, gatehouses, and signage subject to review and administrative approval of the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any such installations. ROADWAYS Standards for roads within Fiddler's Creek shall be in compliance ~.vith the applicable: provisions of the Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived, or excepted by this PUD or as approved during the platting Words nhad~d aro additions: words ~,~.;: :~.~,jh are doletions. 2 - 6 2.11 process. Thc Developer reserves thc right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Land Development Code. The Developer also reserves the right to install gates, gatehouses, and other access controls on all project roadways. LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: l.andscape berms over two feet (2') in height shall have the following maximum side slopes: (1) (2) (3) (4) Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1'1 Structural walled berms - vertical When thc provisions of2.11A are utilized, native shade trees shall be planted twenty- five feet (25') on center, along the exterior side of the berm, equal in height or greater~ than the completed height of the berm. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall, except that an eight foot (8') fence or wall may be permitted, with the approval of the Development Services Director, at the perimeter ofthe project, where the project uses would be proximate to dissimilar uses.l For the purpose of this provision, finished grade shall be considered to be no greater! than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall or fence shall not exceed six feet (6') in height from the top ofberm elevation for berm elevation with an average side slope of4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control Words abided are additions; words ~t,',~ck ~¢.~:;~ are deletions. 2 ° 7 Ill II III - I structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 2.4 Landscaping and Buffering. 2.12 MARCO ISI,AND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddler's Creek portion ofthe PUD only. Collier County has adopted special regulations for specified areas in and around the airports in Collier County in the form of Airport Overlay Zoning Districts. Some of the property within Fiddler's Creek is within the Airport Overlay District adopted for Marco Island Executive Airport ("APO"). This Airport Overlay Zoning District concept is codified as Section 2.2.23., Land Development Code. Notwithstanding any other provision of this Ordinance, there shall be no uses or structures within that part of Fiddler's Creek owned by developer that conflict with the height restrictions depicted on Exhibit "FC-G", which portray the applicable provisions of Part 77, Federal Aviation Regulations, applicable to this other than utility non-precision instrument approach airport having visibility minimums greater than 3/4 ora statute mile, or provisions of Section 2.2.23., Land Development Code, relating to land uses, as it exists on the day of approval of this Ordinance. Developer shall give notice of the existence and restrictions of Section 2.12B by noticing the same, along with Exhibit "FC-G", in the restrictive covenants for Fiddler's Creek and by providing notice thereof in its contracts for the sale of'property and residential units within Fiddler's Creek. 2.13 DEED RESTRICTIONS Some properties within the Fiddler's Creek portion of Unit 30 may be governed by recorded covenants, conditions or restrictions which will limit types of structures and specify development standards that are more stringent than those specified in this PUD document. Words shaded are $dditiona; words .:.~.~ ~ are del~tlon$. 2- ~ 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC-A" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel, MAXIMUM DWELLING UNITS A maximum number of 6000 residential dwelling units may be constructed on lands designated "R". GENERAL DESCRIPTION Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single Family Detached Dwellings. Words Shaded are additions; words ~c~.k rh.~h are deletions. (2) Single Family Patio and Zero l.ot l.ine Dwellings. (3) Two-family and Duplex Dwellings. (4) Single Family Attached and Townhouse Dwellings. (5) Cluster Housing (6) Multi-Family Dwellings including Garden Apartments. (7) Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. (8) Model llomes and Sales Centers, as provided in Section 3.6. (9) Group Care Facilities ('Categories I and Ii), and Family Care Facilities only on Parcels 12, 21, 22 and 23, Exhibit "A". (10) Any other principal use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. (2) Any other accessory use which is comparable in nature with thc foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories I - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and Words ahad~d are additions; words ~i,~.;. ;;,:~.~, are deletions. 3 - 2 12B1 3.6 standards, are to be in accordance with Collier County Land Development Code in effect at thc time of Site Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Plan approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. i In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2 6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one developmcm A green space area of not less than ten feet (I 0') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Property abutting RSF-3 zoned land shall have a fifty foot (50') minimum setback from the PUD boundary and a Type "B" buffer as specified in LDC Subsection 2.4.7.4. Parking for pool and recreational areas within residential development tracts shall be at a minimum oftwo (2) spaces for each fifty (50) dwelling units. MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and signs shall be permitted principal uses in this and Sections VI and VII, as those sections relate to Fiddler's Creek, subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Word~ ahaded are addztlon~; words ~;,-.:~: ZL..-bK are deletions. 3 - 3 3.7 Article 3, Division 3.2, Section 3.2.6.3.6 ofthe Collier County Land Development Code. ADULT CONGREGATE LIVING FACILITIES (ACLFI The development standards for ACLF units and other permitted Group Care units shall be as set forth for multi-family dwellings. The maximum density for ACLF and other types of elderly care/group care housing shall be 26 units per gross acre. Words shaded are additions; words ;tru~g ;; .... ~; are deletions, 3 -4 TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND SINGLE PATIO & TWO SINGLE MULTI- STANDARDS FAMILY ZERO LOT FAMILY & FAMILY FAMILY DETACHED LINE DUPLEX ATTACHED DWELL- & Townhouse ING$ Category 1 2 3 4 Minimum Lot Area 6500 SF 5000 SF 3500 SF *4 3000 SF I AC Minimum Lot Width *5 50 40 35 30 150 Front Yard 25 20 *3 20 *3 20 *3 '25 ' Front Yard for Side Entry 15 10 10 10 15 Garase Side Yard 7.5 *6 0 or 7.5 0 or .5 BIt .5 BIt Rear Yard Principal 20 I 0 20 20 BI ! Rear Yard Accessory i 0 5 i 0 ! 0 15 Rear Yard Special *1 I0 5 I0 10 .5~ BH Maximum Bldg. Height *2 35 35 35 35 160'7 Distance Between Principal 15 10 0 or 15 .5 SBH .5 SBH Structures Floor Area Min. (S.F.) 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *I' With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on 16ts which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. With approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows: ,.If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). Words shaded are addxt~ons; wards ~%.~. ~1.,~,,~!, are delotions. 3 - 5 '2: *3: *4: *5: *7: *8: Building height shall be the vertical distance'measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five feet (5') for the garage and fitteen feet (15') for the remaining structures. Each halfofa duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. Minimum lot width may be reduced by fifty percent (50%) for cul-de-sac or curved frontage lots provi, ded minimum lot area requirement is still maintained, and minimum lot widths arc obtained at front of thc buildable'area when setbacks are applied. Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (!0') yard, or a minimum of ten feet (!0') of separation between structures shall be maintained at all points. Maximum height of structures shall be ten ( 1 O) stories or one-hundred feet (100'), whichever is greater. Structures over four (4) stories and fifty feet (50') in height shall be set back a minimum of the building height from (a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts rural designated land; and (b) where the abutting land use (on a separate tract) is a single family, attached or detached, dwelling unit. 1281 Words shsded are adOitions; words ~i.~_;: th.~h are deletions. 3 ° 6 4.1 4.2 4.3 PURPOSE SECTION IV M U LTI-FA M ! LY RESI D ENTIA L D EVE LO PM ENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF, JOIIN STEVENS CREEK AND IIORR'S ISLAND DEVELOPMENT AREAS The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Low Density Multi-Family Residential - Map Designation "MF" Detailed architectural site plans will be developed when appropriate and must be approved by the proper County agencies as in conformance with the Final Development Plan and the PUD document prior to the issuance of any construction permit. MAXIMUM DWELLING UNITS A maximum number of multi-family dwelling units may be constructed. DEVELOPMENT AREA TOTAL MF DWELLING UNITS Unit 24 2,544 Barfield Bay MF 314 John Stevens Creek 72 Horr's Island 300 Isle of Capri 0 Goodland Marina 0 Total Multi-Family Units 3,230 USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, or altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: ( 1 ) Multi-family dwellings. (2) Group housing, patio housing and cluster housing. 4.4 (3) Townhouses. Permitted Accessory Uses and Structures: (1) (2) Customary accessory uses and structures. Model homes as permitted by the l.and Development Code in cffect at the time a permit is requested Prohibited Uses and Structures: Any use or structure specifically permitted herein is prohibited DEVEI,OPMENT STANI)ARI)$ A. Minimum Lot Area: one (1) acre. B. Minimum Lot Width: 150 feet. C. Minimum Yard Requirements: (1) Buildings up to and including forty (40) feet in height: (a) Front - Thirty-Five (35) feet. (b) Side - Twenty-Five (25) feet. (c) Rear - Thirty-Five (35) feet. (2) Buildings over forty (40) feet in height: (a) Fifty-five (55) percent of the building height. (3) Lots abutting Settlement Agreement Development Line - Thirty-five (35) feet. However in John Stevens Creek, Horr's Island and Barfield Bay Multi-family Areas the setback may be altered as determined by EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. Maximum Height of Structures: Ten (10) stories or one-hundred (100) feet whichever is greater. Maximum Density: Net site densities for each development area as follows: Unit 24 - 19 DU/AC Wordn ahaded ar~ ad~t;t:r,n.q; wordn .~ ..... ;-. '-~ .... ,;, ar~ d~let[on.~. 4- 2 4.5 4.6 4.7 Key Marco Barfield Bay John Stevens Creek Distance Between Structures: 22B1 - I0 DU/AC - 16 DU/AC - 10 DU/AC Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (iA) the sum of their heights. G. Minimum Floor Area: 750 square feet. H. In the case of group housing, patio housing or clustered housing with a common architectural theme the minimum lot area, Io! width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2.6. As permitted or required by the Land Development Code in effect at the time a permit is requested. MINIMUM OFF-STREET PARKING As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 4-3 SECTION V RESERVE DISTRICT FIDDLER'S CREEK 5.1 PURPOSE The purpose ofthis Section is to identi~y permitted uses and development standards for areas within Fiddler's Creek designated on the Master Plan, as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range ofconscrvation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning systems, to allow for restoration and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's Creek development and the adjoining state owned lands, and to provide an open space amenity for the enjoyment of Fiddler's Creek residents. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. Access to Parcel 110 may be constructed through the Reserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the Reserve District. (1) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek. (3) The accessway shall not be considered a road or right-of-way, but shall be treated as a private accessway for the residents of Fiddler's Creek. Therefor, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Development Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB"). 54 DEVELOPMENT STANDARDS Within Fiddler's Creek, with the exception of Seetion-~ Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in ~ ~ Fiddler's Creek Addition, extending at least fifteen feet (15') landward from the edge of wetland preserves in all places and averaging twenty-five feet (25') from the landward edge of wetlands. Lighting facilities shall be arranged in a manner which ',,,'ill protect roadways and residential properties from direct glare or unreasonable interference. 5-2 C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (I0'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None re. quired Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management Plan requirements. For the Fiddler's Creek Addition, the non-exclusive easement shall comply with Collier County Land Development Code Section 3.2.8.4.7.3, without qualification. 6.1 6.2 _1281 SECTION V! BUSINESS (MAP DESIGNATION "BUSINESS) UNIT 30, UNIT 24, AND JOIINS STEVENS CREEK DEVELOPMENT AREAS PURPOSE The purpose ofthis Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Business. USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pan, for other than the following: A. Permitted Principal Uses and Structures: (]) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Electrical supply stores; equipment rentals including lawn mowers and power saws. (6) Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stores; and furrier shops. (7) Garden supply stores - outside display in side and rear yards; girl shops; glass and mirror sales -including storage and installation; and gourmet shops. I~ord$ ".haded are addttion$; worda .5t,~;, :: .... ,~h are deletion-~. 6 ° J (8) (9) (1o) (11) (12) (13) (14) (15) (16) (17) (18) (']9) (20) (21) (22) (23) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices, Ice cream stores. Jewelry stores l.aundfies - self'service only, leather goods; legitimate theaters; liquor stores; and locksmiths Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. Office - general; and office supply stores. Paint and wallpaper stores', pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; and professional offices. Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants. Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. Upholstery shops. Variety stores; veterinarian offices and clinics -no outside kennels. Watch and precision instrument repair shops. Car wash. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. Group Care Facilities (Category I and II); Care Units; Family Care Units; Adult Congregate Living Facilities in Fiddler's Creek only, subject to Section 6.9 hereof. ~ords ~h~cled are add~tions~ ~ords oz..._% 9~.~vh aro deletions. 6- 2 I II I II III IIII I I I II IIIIII I 6.3 6.4 6.5 6.6 6.7 B 1281 Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. DF, VELOPMENT STANDARDS A. Minimum Lot Area~ Ten thousand (10,000) square feet. B Minimum Lot Width: One hundred (100) feet. C Minimum Yard Requirements: (!) Front yard - Twenty-five (25) feet. (2) Side yard - None, or a minimum offive 1'5) feet unobstructed passage from front to rear yard. (3) Rear yard - Twenty-five (25) feet. D. Maximum Height: Fort5' (40) feet E. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. F. Distance Between Structures: Same as for side yard setback. SIGNS As permitted or required by the Land Development Code in effect at the time the permit is required. MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. MINlMUM LANDSCAPE REQUIREMENTS Words shaded are addltLon~; words ~L,~._k %t .... ~h are deletions. 6- 3 68 6.9 As required by the Land Development Code in effect at the time a permit is requested. FIDDLER'S CREEK BUSINESS INTENSITY A maximum of 33.6 acres and a maximum of 325,000 square feet ofgross floor area shall be used for the purposes set f'onh in Section VI in the Fiddler's Creek development. FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACI,F Fiddler's Creek Development Standards for Adult Congregate t. iving Facilities (ACLF) Development Standards for use 23 as set forth in Section 62A hereof shall be as set forth in Section 3 with regard to muhi-family dwelling development and not as set forth in Section 6 3 hereof The limitations of Section 3.7 shall also apply For every acre of Business designated property dedicated to ACLF or other group care use; the allowed square footage will be reduced by 10,000 square feet. Words shaded are addttkon~; word~ s~:~ :~,.~.~, are deletions. 6- 4 SECTION VI A ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A.1 PURPOSE The purpose of this Section is to indicate thc development plan and regulations for the Isle of Capri business area in relation to the uses and structures. No building or structure or pan thereof shall be erected, altered or used or land or water used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: ( I ) One 150 room hotel/motel. Maximum four stories in height. (2) Restaurants - not including fast fi)od or drive-in restaurants provided however, there shall be no prohibition ora drive-in as an accessory to a full service restaurant (see Section 8. l ! ofthe Zoning Ordinance 82-2). B. Permitted Accessory Uses and Structures. Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. 6A2 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Setback from S.R. 951 and the Isle of Capri Road -Fifty (50) feet. (2) Setback from perimeter development line - Ten (10) feet. (3) Setbacks from fractionalized tracts, irany -Twenty-five (25) feet. D. Maximum Height - Four (4) stories. E. Minimum floor area ofstructures - One thousand (1,000) square feet per building on the ground floor. 6A.3 6A.4 6A.5 6A6 6A.7 F. Distance between structures on the same development tract - Twenty (20) feet. SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MERCitANDISE STORAGE Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. MINIMUM LANDSCAPE REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. UTILITY SITE BUFFERING The utility site in the northwest corner of this tract shall be buffered in accordance with Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the utility site, with the exception of the northern edge, where the preserve area will act as a buffer. Wordm ahaded are addltxona; word~ ~C,~k t:,.~i:, are deletiona. 6A- 2 II IIII III! III II I ~ 1281 SECTION VIB ISLE OF CAPRI COMMERCIAl, DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B.1 PURPOSE The purpose ofthis Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and commitments contained in this Section are in addition to those contained in Sections 11 and 12 ofthis document. Where two or more stipulations or commitments are contained in this document, the more restrictive stipulation or commitment shall apply. 6B.2 ENVIRONMENTAl, CONSIDERATIONS Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition ora tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work ofthe site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. Ail exotic plants as defined in the County Code shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all Word~ mhmdmd are additlonm; word~ ~i.~-.L L:,..a~h are d~)letion~. 6B- I E development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of' action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat .saving designs should include, but not bc limited to I ) increasing thc number of stories ()f the proposed hotel to reduce thc amount of area necessary to thc building Cprcsumablc thc number of hotel units will remain the same, 2) reducing thc amount of parking area, and 3) modifying drainage plans Certain native plant species that must be removed to accommodate structures shall be, where feasible, transplanted to suitable habitat areas within thc project. These plants shall include, but not bc limited to tillandsk)id cpiphytcs and cpiphyl, ic members of thc family Orchidaciai, and thc species that arc listed in thc edition of thc Florida Game and Fresh Water Fish Commission's publication "Official l.ists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected cpiphytcs, and native hammock communities Final alignment and configurations of water management structures shall bc subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner; thc alignment/configurations shall be subject to the review and approval of'thc Natural Resources Management Department. All preserve areas as designated on the Master Plan must be flagged by thc petitioner prior to any construction in thc abutting area, and habitat preserve boundaries will bc subject to thc review and approval of thc Natural Resources Management Department. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and EAC as part of' the review process with all concerned regulatory agencies. All the Stipulations of the original Marco Shores PUD shall be included. All mangrove trimming shall be subject to review and approval by the NRMD. The II I IIIIIIIIIII II IIIIIIII IIIII IIII IIIII IIII ..................... I .12131. goal of any approved trimming shall be to maintain the biological, ecological integrity o£the mangrove system. The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. 6B.3 WATER MANAOEMENT CONSIDERATIONS Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer Water management criteria and design shall be in accordance with the so-called "Settlement Agreement" between Deltona Corporation and the State of Florida C Petitioner shall provide written authorization from Lee County Electric Cooperative, Inc to use the powcrline easement for drainage retention purposes. No building permits will be issued until the petitioner can demonstrate that an adequate water supply is available to this project, either from the County or from the Deltona Corporation while maintaining acceptable water service to the Isles of Capri. 6B.4 TRAFFIC Construction of the hotel and restaurant may not commence until S.R. 951 is four laned. Site development work will be allowed provided that the petitioner agrees to any traffic operation measures required by the County Engineer. 6B.5 UTILITIES Ail utilities stipulations contained in County Ordinance No. 84-42 for Petition R-84- 7C shall not be amended or modified by the Ordinance approving PDA-87-1C. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explanation, the statement is made that potable water for the Isles of Capri development area is proposed to be provided by the County (County Water-Sewer District). No guarantee of commitment can be made by the District that potable water will be available to serve the proposed uses in the development area until: (l) Water of adequate volume and pressure is determined to be available to the project site. (2) Construction documents for the proposed project are submitted and approved by the Utilities Division. (3) All necessary County and State construction permits are obtained. (4) An application for water service is approved by the Utilities Division. (5) All system development and connection charges and fees are paid. C The development ofthis site shall be in compliance with the stipulations contained in the Utilities memorandum dated January 9, 1987 6B.6 ENGINEERING The Master Site Plan shows parking and retention areas within the Lee County Electric easement. Prior to construction of any facilities within this easement, written permission from Lee County Electric shall be obtained. The original PUD stated that this site could be developed until the completion of S.R. 951, this site should not be developed until S.R. 951 is four laned as originally stipulated. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91 including left. and right turn lanes if required by said Ordinance. 6B.7 LETTER OF COMMITMENT Exhibit "E" (attached) is a letter dated May 5, 1988; from Robert B. Leeber, President of R&L Development of Marco, Inc. to William Hanley, President of the Isles of Capfi Civic Association, committing not to do site clearing or filling prior to the completion ofthe four- laning of S.R. 951. Nords ~heded are ad~[tians~ words .,~,~k Et .... ~h are deletions. 6B- 4 ~ ~ I iiii I IIIIIIIII I III IIIIIII I I II I I I I II I I 7.1 7.2 SECTION VIi GOLF COURSE AND CI,UB CENTER FIDDLER'S CREEK DEVELOPMENT AREA PURPOSE The purpose of this Section is to indicate the aevelopment plan land regulations for the areas designated on Exhibit "A" as Golf Course and Club Center. PERMITTED USES AND STRU(;TURES A. Permitted Principal Uses and Structures: (1) Golf courses and golf club facilities, including temporary golfclubhouses. (2) Tennis clubs, health spas, and other recreational clubs. (3) Project information and sales centers. (4) Community Center facilities, including multiple use buildings for the community, active and passive indoor and outdoor recreational facilities, and boat launching and storage areas. (5) Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment facilities, utilities pumping facilities and pump buildings, utility and maintenance staff offices. (6) Open space and recreational uses and structures. (7) Pro shop, p,'actice driving range and other customary accessory uses of golf courses, or other permitted recreational facilities. (8) Small commercial establishments customarily associated with the principal uses or community center, including gift shops, postal services, barber and beauty shops, ice cream parlor, dry cleaning store (pick-up and delivery only), golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf club, tennis center, community center, or other permitted recreational facilities. (9) Shuffleboard courts, tennis courts, swimming pools, and other types of Words ~h~d~d are additions; words .;~,~._k ch.v~ art doletions. 7 - 1 facilities intended for outdoor recreation. (10) Signs as permitted by the Land Development Code in effect at the time a permit is requested. (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. (12) Part time day care facilities. (13) Any other principal use which is compatible in nature with the foregoing uses and which is determined to be compatible with this district by the Development Services Director. 7.3 DEVELOPMENT STANDARDS Principal structures shall be setback a minimum of twenty feet (20') from district boundaries and roads, and fifty feet (50') from all residential tracts. Accessory structures shall be setback a minimum of ten feet (10') from district boundaries and roads, and twenty feet (20') from residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures -Twenty feet (20'). G. Minimum distance between all other accessory structures -Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site DeVelopment Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Words shaded are additions; words oi.~k ih .... ~;, are deletions. 7 - 2 8.1 8.2 8¸3 12S1 SECTION VIII PARKS (MAP DESIGNATION "PARK") UNIT 30, UNIT 24, BARFIELD BAY MF, AND HORR'S ISLAND AND SECTION 29 OF THE FIDDLER'S CREEK ADDITION DEVELOPMENT AREAS PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Parks. USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) (2) (3) (4) Parks and playgrounds. Biking, hiking, and nature trails. Nature preserves and wildlife sanctuaries. Permitted Accessory Uses and Structures: associated with the principal uses. Any other open space activity which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. Accessory uses and structures customarily (1) Customary accessory uses of recreational facilities. DEVELOPMENT STANDARDS A. Minimum Lot Area: 21/2 acres. B. Minimum Lot Width: 150 feet. ~ords ahaded are additions; ~ords ~.~k ~ .... ~h are deletion.. 8 - J C D E. Yard Requirements for Structures fl ) Front Yard Fifty feet 150') (2) Side Yard Thin.,,' feet (30') (3) Rear Yard Fifty feet 150') 12B1 Maximum l teight of Structures Thirly-fivc feet (35'). There shall be no minimum acreage or lot width for parks within Fiddler's Creek, so that Sections 8 3A and 8 3B arc not applicable to Fiddler's Creek. Within Fiddler's Creek, 83(; shall apply only where property line abuts residential property or external PUD boundaries In addition, there shall be a Zero (0') feet setback required from watcrbodies for such structures. 8.4 ~ The purpose ofthis Section is to establish development regulations applicable to Section 29 of the Fiddlers Creek Addition, particularly Tract 110, the adjoining lake and the adjoining reserve area. 8.5 USES PERMITTED The uses on Section 29 are limited to the following: A. Uses set forth in Reserve Areas as set forth in Section 5.1.1 of this PUD; C. D. E. F. G. Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; Biking, hiking and nature trails, Launching and storage facilities for watercraft.; Active recreational activities; Agricultural, including nursery; Any other conservation, recreation or related open space activity or use which is comparable in nature with the foregoing uses which in turn would be compatible. 1 281 SECTION IX "UTILITY" "ELECTRIC" UNIT 30, UNIT 24 DEVELOPMENT AREAS 9.1 9.2 PURPOSE The purpose of this Section is to indicate the development plan land regulations for thc areas designated on Exhibit "A" as "Utility" "Electric". ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated to provide water', sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines, gas lines, telephone lines, cable television, electric transmission and distribution lines, substations, lift stations, pump stations, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills. The utility site in the southeastern corner of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. Words ahaded are additions; word.~ ',tout'r: th.6~gh are deletions. lO.l 10.2 10.3 SECTION X MARINA GOODLAND MARINA DEVELOPMENT AREA PURPOSE The purpose of this Section is to indicate the development plan land regulations for thc Goodland Marina Development Area. USES AND STRUCTURES No building or part thcreo£ shall be erected, altered or used or land used in whole or in part for other than thc following'. A. Permitted Principal Uses and Structures: ( l ) Boat docking facilities (2) Facilities necessary for and associated with trailer launched recreational boating. (3) Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, and maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of marina and recreational facilities. DEVELOPMENT STANDARDS A. Minimum Lot Area: Goodland Marina area to be operated as one entity and not to be subdivided. Not'd~ ~ded are add;i.t~.on~; ,,tord~ ~L,~-_:, :.7. .... ,.~. are deletzon3, l0- ! 10.4 !0.5 10.6 10.7 Minimum Lot Width: Not applicable. Yard Requirements for Structures: (1) Setback from east property line: Forty (40) feet. (2) Setback from other property lines: Zero (0). D. Maximum Height of Structurcs: Thirty-five (35) feet. FLOOD ELEVATION RF. OUIREMENTS Flood elevation requirements in order to comply with the minimum flood elevation requirements, the maximum height ora structure shall be measured from thc minimum base flood elevation required by the flood damage protection ordinance. SIGNS As permitted or required by the Land Development Code in effect at the time a permit ts requested MINIMUM OFF-STREET PARKING REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. MINIMUM LANDSCAPE REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words shaded are addit:on~; words ~ ..... k =;.,~:,~ aro dolo, ionr~, lO - 2 SECTION XI DEVELOPMENT STANDARDS I1.1 11.2 11.3 The purpose of this Section is to set forth the standards for the development of the project. The facilities shall be constructed in accordance with the final development plan and all applicable state and local laws, codes and requirements. Except where specifically noted or stated herein, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. MASTER PI.AN A. Exhibit "A", Master Plan, illustrates the proposed development. The design criteria and design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of ali service utilities and ali areas in the project. To protect the integrity of the multi-family residential neighborhood, internal roads within the multi-family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be public. It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road. Those portions ofthe roads depicted on the development plan of Barfield Bay Multi-family and Horr's Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi-family area will be public roads. 11.4 pROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is illustrated in Exhibit "A" and "FC-A" (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete #ords ahaded ar~ additions; words at,'~: c~.,o::;~ aro d~letions. I I - I project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" and "FC-A" (for Fiddler's Creek) development plan shall be provided and completed in timing with the adjacent residential units. The northern golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests Secondarily, residents of the Fiddler's Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis The southern and eastern golf courses in Fiddler's Creek shal,I be constructed when feasible to serve the surrounding residential units. The southern and eastern golf courses and ct~mmunity center (including tennis facilities) shall be privately owned facilities and constructed on the designated site in conformance with the development needs of the project. Neighborhood parks, bicycle paths, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Those facilities withih Fiddler's Creek scheduled for donation to the County are two community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A co~nmunity facility site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creek, a site will be dedicated for a library and another site will be dedicated for fire station, EMS, and other public purposes. Deltona previously dedicated school sites within Fiddler's Creek to the Collier County School Board. Subsequently, the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon request 11.5 (jLEARING. GRADING. EARTHWORK. AND SITE DRAINAGE All cleating, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review'committees will be used as a guide to i 2131 11.6 the final development of the drainage and road systems within the various development areas. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance ~ The Fiddler's Creek Addition was not covered by the Senlemcnt Agreement or the Fill Agreement. Seemirm-t-3 The Fiddler's Creek Addition shall be governed by the provision, s of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. STREET CONSTRUCTION All public street design and construction shall meet the (;oilier County standards that arc in effect at the time of the approval of this ordinance, except as otherwise specified herein with regard to Fiddler's Creek Certain streets have been proposed for development in Fiddler's Creek which will be constructed pursuant to right-of-way cross-section depicted on Exhibit "FC-F". The drainage system for these streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. 11.7 EASEMENTS FOR UNDERGROUND UTILITIES 11.8 Easements for underground utilities such as power, telephone, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of thc project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. WASTEWATER COLLECTION. TRANSPORT AND DISPOSAL See 12.4 of Section Xll. 11.9 11.10 ll.ll WATER SYSTEM See 12.4 of Section XII. SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. OTHER UTILITIES !1 -3 Mords ~had~d are addstsons; words 3~,'c..;. ~., ,in ar~ <telotions. Telephone, power, and cable television service shall be made available to all residential areas: Such utility lines shall be installed underground with the exception of the primary electric service as described in ! !.7 above. ! 1.12 TRAFFIC SIGNAL See 12.6 of Section XII. ; I 1.13 FLOOD ELEVATION RF, OUIRF, MENTS In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by The Collier County Building Construction Administrative Code. 11.14 ARCHITECTURAL REVIEW All buildings constructed within the development areas must comply with the architectural review standards which shall be specified by the recorded covenants, deed restrictions and development documents. 11.15 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, except as set forth for Fiddler's Creek in Section 11.22 hereof. 11.16 LANDSCAPING FOR OFF-STREET PARK1NG AREAS Ali landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 11 17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the, extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: 1. The perimeter berm for Section 13 shall meet Land Development Code I~ord~ ahl~ded ar,? add~.t, ion~; word.,I z..-.,~cS: L~ .... ~7, alre del~.t.:Lon.s. J I -4 ~ ~l~l II I I II I III II II Bo requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-S0 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 411 outfall Swale No. 1. b) Routing south along cast side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing throUgi] project's internal water management system. All of thc above are subject to permitting by South Florida Management District (SFWMD). Water Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. I along thc west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 3 above. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: o Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from'culVerts SIS, 00-S0220 and SIS-00-S0110 to assist the County in managing drainage on the U.S. 41 corridor and to attemPt to re-establish historical flow patterns. The following shall apply to such an easement: The temporary easement shall not exceed eighty-five feet (85') in width. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections 18 and 19. The above is subject to permitting by South Florida Water Management District ("SFWMD"). Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to axT, commodate the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall ,grant permanent easements as part of the platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process, provided minimum flows are maintained. The purpose ofthe 'Easement set forth above is to provide for acceptance ofthe flows from north of U.S. 41 which historically would have sheet-flowed across Sections 18 and 19. 5 Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water to said outfall are routed into the Fiddler's Creek spreader swale system. 11.18 POLl,lNG PLACES Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate county facilities are available, rooms will be provided within the recreation building for the purpose of' permitting residents to vote during ali elections. The number and location of needed rooms will be determined by Collier County Supervisor of Elections. 11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. 1 281 Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horfs Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to thc State ot' Florida in conjunction with the Settlement Agreement referred to elsewhere in this docmncnt In addition to these areas, approximately 243 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC- A'', and as regulated by Section V hereof Other than incorporation into the approved drainage design or as allowed by permits or this PUD, these areas will be left untouched, with thc exception of thc required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas I1.20 MAINTENANCE FACII.ITIE$ Unit 24 and Fiddler's Creek Developer may create a community development district for Fiddler's Creek. If such a district is created it will comply with the following requirements. If the Fiddler's Creek Developer creates a community development district ("The Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida Statutes, all the property in Unit 30 owned by Developer will be included within the Fiddler's Creek Community Development District. The Fiddler's Creek Community Development District may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (]) Any drainage facilities and rights-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek owned and developed by Developer, including lake and lakeshore maintenance; (3) Parks, other than those dedicated to the homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association, or 12B1 i individual condominium associations; (5) Street lighting, and; (6) Other allowed facilities and services pursuant to Chapter 190, Florida Statutes. ~ Chapter 190, Florida Statutes, grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. B. Horr's Island and the tlorr's Island Entrance Road Within the Barfield Bay Multi- family Area A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on It'orr's Island and along the entranceway to ttorr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including ali drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) (5) Street lighting; The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Horr House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents !! -8 of Horr's Island hut which are not available through local government or private enterprise, ,,, C. Barfield Bay Multi-family, John Stevens Creek, Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi-family and John Stevens (:reek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). 11.21 LAND DEVEI,OPMENT COl)F, SUBSTITU'FIONS FOR i"II)DI,I?,R'S CREEK The following Subdivision Regulations from thc Land Development Code ("LDC") shall be waived and modified as follows: A l,and Development Code §3 28.3. 172 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit "FC-F" At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. B C Land Development Code §3.28.4. I - 1'he access requirements of this Section are waived and connections shall be as shown on the Master Plan. [,and Development Code §32.84.3 - Block lengths shall be as shown on the Master Plan. Land Development Code §3.28.4.16.5 - Right of way widths shall be as shown on the roadway cross-sections attached as Exhibit "FC-F". Land Development Code §3.2.8.4.16.6 - The length ofdead-end streets or cul-de-sacs shall be as shown on the Master Plan. Land Development Code §3.2.8.4.16.9 &. I0 - The minimums ofthese sections are waived and these tangents shall be as depicted on the Master Plan, except for Section 13. As ,,,, o~,,,,,.,,, ,., the Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these sections may be waived administratively at time of PSP or development plan submittal with justification based on design speed. Land Development Code §3.28.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. 11 -9 Land Development Code §3.5.7. ! - Excavation setback distances may be reduced bY the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be in accot:dance with the aforementioned Settlement Agreement, except for Seet3on-~ the Fiddler's Creek Addition, which shall be in accordance with Division 3.5 of the Land Development Code ' Land Development (;()de §3 2.8 4 16.12 d - The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit "FC-F", except for Section -1-3 the Fiddler's Creek Addition where pavement surface course thickness shall be pursuant to Appendix "B" of the l,and Development Code. 11.22 SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as thc same may be in effect at the time of Site Development Plan approval, with the following exceptions: A. Permanent Community Signage Project Identification Signs - Two ground, wail, or gate project identification signs may be located at each entrance to the development, subject to :he following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identi~ing the development, and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face ofthe sign may protrude above the upper edge ofthe wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height often feet (10') above the finished ground level of the sign site. Boundary Monument Signage - Project monument signs may be located ati or near each boundary ofthe project on S.R. 951 and U.S. 41, provided thatno such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of I 1.22A. 1) Words shaded are addxttons; words ~:',.--;. '~hr6u~:-, are. deletions. II - l0 are met. 3 Tract Identification Signs - Each tract containing a different use may have each entrance or in other approved location an identification sign not more than six fcct (6') in height and thirty-two (32) square fcct in area, provided thc requirements of Section I 1.22A. I ) not in conflict herewith arc met. 4 Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and sha!l meet thc requirements of Section 1122A I) not in conflict herewith. Temporary or Promotional Signage - These signs are to direct prospective purchasers and identify the various projects being developed. ()ne development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting sUrfaces or structures Where such signage is attached or affixed to a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10') above the finished grade of the sign site 2 Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.B. I) not in conflict herewith Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of ~" may be erected, subject to the following requirements: I!-!1 (a) SuCh signs shall not exceed six (6) square feet in area or protrude more than four feet (4') above the finished grade. (b) Such signs shall meet the requirements of Section I 1.22B. I) not in conflict herewith. 12.1 1281 SECTION XI! STIPULATIONS AND COMMITMENTS STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD A. Conditions Recommended by Environmental Advisory Board CEAB") (i) Staff recommends approval for all development areas of Rezone Petition R- 84-7c with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's (:reck (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of ltorr's Island, Badield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golfcourse lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. (6) Historically, off-site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off-site flows be impacted by the initial proposed development, provisions Words ahaded are addttxona; wards J~,'..~;: ;?,.;:¢7, are deletions. 12 - I 12.2 shall be made for re-routing and/or continuing to allow historic off-site flows to pass through the initial phase proposed for development, t (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-I, 'dated January 1984, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from abutting rights-of-way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. Thc above does not apply to ~ the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. STIPULATIONS AND COMMITMF. NTS - ENVIRONMENTAl, ADVISORY BOARD CEAB") Stipulations To Rezoning of Category. I l.ands Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats ia) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for boih those areas under and over the six foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 ,',.'ill be prepared by Deltona and submitted to the County Environmentalist. (c) The County EmAronmentalist ,.,,'ill use the vegetation survey and work with Deltona or the architects hired by future owners ofmulti-family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida :in conjunction with thc Settlement Agreement referred to elsewhere jrt this document. In addition to these areas, approximately 243 693 acres of additional land is set aside in Fiddler's Creek as depicted On Exhibit "FC-A", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will bc Icfl untouched, with thc exception ofthc required removal of'exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific arcas~. (2) Archaeological Resources (a) Thc I)cvclopcr of each of thc above described projects will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, constructibn in that location will be stopped for a sufficient length oftime to give both Developer's archaeological consultant and/or one selected by the Environmental Section tO assess thc find and determine whether excavation is necessary. Cb) l'he Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed (c) Prior to any work in the Goodland Marina area, thc Environmental Section, with thc assistance of selected local archcological assistance, will survey thc development area to determine the validity of reported sites in that vicinity (d) If a significant site is discovered, thc Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. (3) Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans ,,,,'ill retain and treat all runoffin development area swales and/or lakes prior to discharge from lakes through spreader waterways (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and tne Settlement Agreement, except for Section-43 the Fiddler's Creek Addition, which shall comply with the applicable requirements iof South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for ~ the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (5) Other Native vegetation should be retained and used where possible for ground cover. (b) If feasible species should be transplanted from development sites to border areas ¢c) (d) (e) Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigenail Park, other Marco Island development areas). Remove ali existing exotics on site as described by County Ordinance. ! Follow design considerations as outline in County Environmentalist's memorandum dated may 15, ! 984 Stipulations to Rezoning of Category II Lands: Horr's Island, Barfield Bay Multi- Family, John Stevens Creek (1) Native Vegetation and ttabitats (a) Final site plans and drainage plans for Category TWo Lands shall be designed to minimize the destruction of vegetation classified on Figures 1 and 2 as rare, unique, or endangered. (b) The final location of roads buildings, parking areas, wa,~r management components, and other facilities shall be carefully chosen to minimize impacts on R U E. lands will be rruugated, where posstble, by the transplantation of native plants to adjacent undisturbed areas. 12-4 (c) (d) At there areas the loss of R.UE lands will be mitigated, where possible, by thc transplantation of native plants to adjacent undisturbed areas. ~ Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. ~ (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County F. nvironmentalist's memorandum dated May 15, 1984. 'I he following area-specific recommendations further clarify these general comments I tott's Island and Barfield Bay Multi-Family Area C (f) The majority of l{orr's Island (excluding the mangrove areas within the development limit line) and all of Barficld Bay Multi-Family Area C (Figure 1) are classified as RUE lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and thc occurrence and distributionl of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) (h) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site- specific, a detailed survey (including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shall be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist ~ The vegetation survey, which will be utilized in thc final site an, d drainage plans developed for itorr's Island and incorporated into the final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terms of Resolution R-82-86 12B! (i) It is suggested that the Developer or a third party purchaser, have similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (j) if the Developer or the third party purchaser declines to have such surveys conducted (Resolution R-82-86 precludes the County frOm requiring such surveys as a part ofthe EIS review on Category Two l.ands other than l tott's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering ServiceS, if desired, and incorporate the results into the recommendati~ons regarding the site plan before final approval will be considered. (k) All site-specific sun'eys will be conducted prior to any site alteration Those sun'cvs conducted by tile Environmental Sectkm will not delay Developer's timetable (m) Surveys for multi-family lots on l lorr's Island may be delayed until future lot owners are ready to develop the site. : ('n) (o) 'I'o this extent, tile Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, water management facilities). Surveys for Developer's activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations. John Steven's Creek and Areas A and B of the Barfield Bay Multi-Family Area (P) The majority Of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous actMties and therefore not classified as R.U.E lands. (q) (r) At these sites, RUE. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities. ~ Land use is not precluded from RU.E areas, however, only those activities that will not significantly alter those areas' natural characteristics will be acceptable. Such activities could include bike 12-6 Cs) paths, vita courses, nature trails, and other Iow impact activities. Road corridors through RU.E areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat apr mitigated by the transplantation, where possible, of native vegetation to adjacent, unaltered R.U.E areas. ~ Archaeological Resources (a) The archaeological survey of ttorr's Island to be conducted by Developer's archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). (b) The results of this survey will be incorporated in the final site and drainage plans for l tott's Island. ~ (c) Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.E. for incorporation into final design plans. rd) If not conducted by Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval ofthe final site and drainage plans for these areas. (e) In addition to thc pre-development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give~ the Developer, or the County, or the State of Florida archaeological consultant a chance to excavate the find. (g) The Environmental Section or its selected consultant will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. ; Water Resources (a) The final water management plans for Category Two Lands shall be (b) (c) (d) (c) (f) (g) (h) 6) designed to minimize thc clearing and alteration of land in RUE areas. This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration orr lJ E. areas. Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of I torr's Island in Figure 4. The benefits of following such plans include: (i) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side-slope RUE areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. The ultimate stormxvater discharge points for Category Two Lands will be carefully located in areas most suited for receiving such waters. l.ow quality, semi-impounded wetlands, buffered from productive aquative and wetland areas by distance, topography, or existing roads will be utilized. Potential discharge points are indicated on Figure 1. In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. (J) Thc Environmental Section recommends a sodded area of no more than five percent (5%) of any structure's area. ~k) The usc of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (I) The final water management plans for all Category Two Lands will be reviewed by F. AB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County t:.nvir()nmcntalist's May 15, 1984 memorandum depicted in Figures 3 and 4 (m) During plan preparation, l)cvclopcr will work with County staff!o arrive at a final product compatible with these general guidelines and 'the associated conceptual diagrams. Where two ahcrnativc water management approached exist, that approach which will best serve to minimize alteration of R.U.E areas will be chosen. 4 Other (a) Native species will be transplanted from development sites to border areas (b) Where transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Nalivc Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g County Park sites on Marco including Tigertail Park, other Developer development areas). (c) Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. (d) All existing exotics on site will be removed as required by County Ordinance. (c) Thc use of introduced non-native species for landscaping will be severely restricted. (0 All construction, clearing, and filling locations in or adjacent to 12-9 12B1 designated R.UE areas will be flagged and field approved by the Environmental Section prior to the commencement of site work (g) Turbidity screens, or other similar devices, will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum C Additional Stipulations l'he [:.IS prepared by thc (':orps of l.~ngincers will be accepted to fulfill the requirements of Division 3.8 of the (;oilier County i.and Development Code with the condition that the stipulations contained in the County F. nvironmcntalist's May 15, ! 984, Memorandum are followed. (2) Specific stipulations to modify site plans for all Category I and 1I Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by .the I:.AB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. Fiddler's Creek shall not be required to comply with the provisions hereof (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. (4) The EAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 15, 1984 memorandum. {5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site-specific information, to the extent this provision is not modified by the Agreement between the applicant, and Collier County, dated April 4, 1995. (6) Tree removal permits for all Category l and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, 12- I0 1281 (7) (8) (10) (11) based in some cases on rcqui'rcd vegetational surveys, arc reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. The rezone petition contains no plans for dredging associated with thes9 structures If required, dredging will therefore have to be reviewed under a separate petition. The exact locations of the roads in Category Two l,ands, will be approved during the review of the final site plans, Because some of the recommendations, particularly those involving development in areas of ttorr's Island or other Category II [,ands designated as rare, unique, or endangered, would require specific actions and furthe, r review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact : Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provision has been made for modifications of the plans such as proposed in the County Environmentalist's May ! 5, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with the Developers of all Category I and Il Lands except for Fiddler's Creek, initiate and attempt to negotiate the addition of thc following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Army Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D-I 1, D-46, D-47 and D-48 of this Exhibit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation. In the event the Engineering Detail Drawings are varied in accordance herewith, Developer shall be excused from compliance with the drainage retention requirements shown on D-! 1, D-46 and i)-47. Note: Thc above applies to the following development areas: 1. Barfield Bay multi-family, 2 John Steven's Creek; and 3. llorr's Island Exhibit E - I A Wherever vegetation is discovered in the Barfield Bay Multi-family, John Steven's.Creek and itorr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply, to the extent the Developer of }toWs Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: I) Multi-family tracts and roadways abutting wetlands shall not' be required to have a minimum ten foot (I0') wide by six inches (6") deep swale. 2) Multi-family areas shall not be required to drain toward rear yard swales. 3) Developer shall be excused from compliance with the one-half inch (I/2") dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing l additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, the Developer of Horr's Island shall design the Nords ~h,d*d are add£[~ons; words ..~.~.;2 Eh .... ~ ~=~ eot~t~o~s. 12 - 12 Barfield Bay multi-family, John Steven's Creek and Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. 12.3 STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE The approved stipulations of the EAB pursuant to the memorandum from County Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Regulations to accommodate fine tuning of the final site plan; Detailed engineering drawings as shown in thc Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. D For the purposes of platting and rcplatting within the project area, assurance for the completion of subdivision improvements will be provided by Developer subject to approval by the County Attorney. 12.4 STIPULATIONS AND COMMITMENTS - UTILITIES A. Waste Water Management (~) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in "I" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not 12B1 mil (b) (c) presently within thc scwcr franchise area, that is included within such Development Area. Not withstanding this modification to the Sewcr Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24) Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (l) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have thc option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 2,'1. In thc event (,;oilier County exercises this option, lhc,~ purchase price shall be determined by adding: Thc arm~unt {~f l)cltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if(;ollicr County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to he collected by thc County and returned to Dcltona as a credit and (2) any accumulated net opcraling loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the dale of closing Either the Collier County Water-Sewer District or other central provider ~ shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. it is anticipated that Developer will use treated wastewater effluent to meet the non-potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided for in (2) above, the effluent distribution lines will be included in thc leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. Water Supply and Treatment and Distribution (1) The Count>' Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. 1'2) Ail plans and specifications for transmission and distribution facilities proposed for thc areas under this petition shall be reviewed by thc Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) Ali transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. (4) All water users in the non-f[anchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits arc made 12.5 STIPUI,ATIONS AND COMMI'FMF, NTS -TRAFFIC Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following A Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer The signals shall be owned, operated and maintained by Collier County. All required auxiliary turn lanes at each new intersection created on SR-951 and US- 41 C Street Lighting at major entrances into the development. The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 95 ! to four lanes between New York Avenue and the Marco Bridge Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement. All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this PUD document relating to the provision of fill for State Road 951 have been fully satisfied by execution of the Agreement between Developer and Collier Countyl granting the County the right to enter upon the property for the purpose of excavation~ of the fill needed for the four-laning of State Road 951. 12,6 The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. PLANNING DEPARTMENT The Planning Department reviewed this petition and has thc following recommendations: That thc staffrcport recognize that SR-95 I, after £our laning, will be approaching its capacity in 1990 and that appropriate recommendations bc made to include thc future 6-1aning of thc northern most section in thc county's Comprehensive Plan. That Unit 24 be prohibited from any devclopmcnt until SR-951 is 4-1ancd or thc applicant bc rcquircd to donate to thc County thc cash equivalent o1' the construction cost for thc 4-1aning of 500 f'cct of' SR-951. This donation, to bc used by the County solely for thc 4-1aning of 951, shall bc determined according to FDOT's SR-951 construction plans and shall bc made either prior to Unit 24's a) development in whole or in part orb) thc transfer to any other person or cntity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall bc independent of thc other fair-share contributions included within these recommendations. That the Isle of Capri Commercial PUD, duc to thc lcvcl of service of SR-951 closely approaching "D', be prohibited from any development until SR-951 is 4-1aned However, site development work including clearing and filling may be performed on the site prior to the 4-1aning of SR-951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. That the Developers of'Horr's Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's island and John Stevens Creek. In the event that the State purchases Horr's Island, Developer of Horr's Island will not be obligated to bear the cost of improvement to that portion of the intersection. If the marina is developed, the developer of the marina will be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. The Developer's contribution to the County of'an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR-95 l, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction, with the exception of needed improvements at newly created development road intersections with SR-951 and US-4 I, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance #ord~ ahadad ar. addrtton~ ~or~ =:,~:~ ~,~,:, are deletions. 12 - 17 85-55 have been determined to satisfy thc conditions of former Section 4.D.9.K.(4) of Collier County Development Order 84-3. The Agreement between Collier County and Developer as described in Paragraph 9.C. fially and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for transportation and for mitigation of traffic impacts under this DR1 Development Order and PUD document over and above legally imposed county-wide transportation impact fees Any construction road or private roads installed from Fiddler's Creek to U.S. llwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. It is intended that these recommcndations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply 12.7 FIDDLER'S CREEK STIPUI,ATIONS AND CONDITIONS A No filling of the east-west canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels I and 49 as depicted on Exhibit "FC-A" hereof If the development activities in Fiddler's Creek are the cause of flooding in the Port- Au-Prince Project, Developer shall take immediate corrective action. Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within the Fiddler's Creek Addition S¢cfic, n 13, Tc, v,-~ship 51 12.8 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS - WATER MANAGEMENT The Developer shall make provision to accept or pass through existing flows from culverts SIS-00-S0 150 and 180 under U.S. 41 by one or more of the following methods: i) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. ii) Routing south along east side of Section i 3, and further South connecting to Fiddler's Creek spreader facility. 281 iii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west side of Section ! 3, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance ofoff-site flows shall be dedicated and recorded within one (i) year of the approval of the rezone of Section 13, pursuant to the process set forth in 16.Ii) hereof. G:'I;SERS I,ANA WI'51 I-TDDIJ'.R A~'i I'I lanuary 22. This redlined draft, generated by CompareRite - Thc Instant Redliner, shows the differences between original document : G:\USERS\LANA\WPSI\FIDDLER.AG~PUD.ORG and revised document: G:\USERS\I,ANA\WP5 ! \FIDDI ,ER AG\PUD. FNI. and redline document: G:\USERS\LANA\WP51 \Fl DDLER. AG\PUD.RED Deletions appear as struck-through text Additions appear as "redlined" text ~ord..h4ded are addtt~on~; ~ord. ~? .... ;: rh,~g~ aro dolot~on~. 12 - 20 12B1 m! STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foreGoinG is a true copy of: ORDINANCE NO. 98-13 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during ReGular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of February, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board _of County Commission~' ' Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ["] Othcr: Originating Dcpt/Div: Comm. Dcv. Scrv./Planning Perso~t' , . /~.. Date: C~l~-i~..~i Petition No. (If none, give brief description): PUD-97-16 ~ v Petitioner: (Name & Address): Toll Brothers, Inc., Seaside Estates at Gulf Harbour, 1 ! 145 Harbour Yacht Court, Fort Myers, FIQrida 33908 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach sepamlc sheet) Meanly Engineering and Design, Inc., 5101 East Tamiami Trail, Suite 202, Naples, Florida 34113 Heating before XXX BCC BZA Other Newspaper{.s) to be used: {'Complete only if important): Based on advcnise~ncnt appearing 15 days before hearing. XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. PUD-9?-16, McAnly Engineering & Design, Inc., representing Toll Brothers, Inc., requesting a rezone from "PUD" (Casa Del sol Golf& Country Club) and "A" lo "PUD" Planned Unit Development to be known as Naples Forest Count~ Club for a mixed use community consisting of no greater then '/85 mixed residential dwelling units; golf course, clubhouse and related recreational ameniticsl and i 50,000 square feet of commercial floor space for property located at the northwest quadrant of C.R. 951 and Rattlesnake-Hammock Road (C.R 864) in Section Township 50 South, Range 26 East, Collier County, Florida, consisting of 485 acres, more or less. Companion petition(s), if any & proposed hea~ng date: Docs Petition Fee include advcr~ising cost'? Iv] Ycs [] No If Yes. xs hal account should bc charged for advcrlismg costs: Rwicwcd by: ' Approved by: Division Head ' ' ~' Daic~ County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division tlead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other heatings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. rog CL£ X'S OmC£ USE ONLY: DateReeeived: /,,//~3//~3'-~ Datc of Public hearing: v_/.~%, 5~- DateAdvcrlised: ~:;~/(/,'""""""""3'd(' ,~ OF PAGES ~_~ _ (including this cover) lliliilillllillilllillllllllilillllllilillllllliil[l!! ![!1111 TO: IS~. J~T~ FL~WA~AN LOCATION: ~ES DALLY :FAX NO.: COHHENTS: 263-4864 !i1111111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE 'NO: (813) 774-8406 572 I 01-14[ 15:54 573I 01-141 17:50 574 01-15J 12:32 5?5 o1-151 12:____~4 ~'06'54 ~]°23'30 00~01'52 0688~11 068C~11 068C~11 I'Dat ' ITime sent: /1.'~o /V./o], I January 15, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-97-16 Dear Judi: Please advertise the above referenced notice one time on Sunday; February 8, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 12B-2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 24, 1998, in the Boardroom, 3rd Floor, Admini~tr,~tion Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ©rd~nance is as follow~: AN ORDINANCE ~4ENDING ORDINANCE NUI4BER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATI©[;S FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP N~RdBER 0615 BY CHANGII~G THE ZO£~£NG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" (CASA DEL SOL GOLF & COUNTRY CLUB) AND "A" TO "PUD" PLA~ED UNIT DEVELOPMENT KNO?~ AS NAPLES FOREST COUNTRY CLUB FOR A MIXED USE CO~4UMITY CONSISTING OF NO GREATER THEN 785 MIXED RESIDENTIAL DWELLING UNITS; GOLF COURSE, CLUBHOUSE AND RELATED RECREATIONAL ~4ENITIES; AND 150,000 SQUARE FEET OF COMMERCIAL FLOOR SPACE FOR PROPERTYY LOCATED AT THE NORTHWEST QUADRANT OF C.R. 951 AND RATTLESNAKE-H~MOCK ROAD (C.R. 864), IN SECTION 15, TO~SHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-16, McAnly Engineering & Design, Inc., representing Toll Brothers, Inc., requesting a rezone from "PUD" and "A" to "PUD". Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 128-2 January 15, 199~ Toll Brothers, Inc. Seaside Estates at Gulf Harbor 11145 Harbor Yacht Court Fort Myers, FL 33908 Re: Public Hearing to Consider Petition PUD-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure January 15, 1998 McAnly Engineering & Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, FL 34113 Re: Public Hearing to Consider Petition PUD-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 98- AN ORDIUANCE AMENDIIIG ORDINANCE t~UMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI~:CORPORATED AREA OF COLLIER COUNTY, FLORIDA RY AMENDING THE OFFICIAL ZCNIItG ATLAS MAP NUMBER 0615 BY CHANGING TIlE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" (CASA DEL SOL GOLF & COUNTRY CLUB) AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES FOREST COUNTRY CLUB FOR A MIXED USE COMMUNITY CONSISTING OF NO GREATER THEN 785 MIXED RESIDENTIAL DWELLING UNITS; GOLF COURSE, CLUBHOUSE AND RELATED RECREATIONAL AMENITIES; AND 150,000 SQUARE FEET OF COMMERCIAL FLOOR SPACE FOR PROPERTY LOCATED AT THE NORTHWEST QUADPANT OF C.R. 951 AND RATTLESNAKE- HAMMOCK ROAD (C.R. 864), iN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, McAnly Engineering and Design, [nc., representing Toll Brothers, inc., petitioned the Board of County Commissioners to change the zoning classification cf the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Coramissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property !ccated in Section 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" (Casa Del Sol golf & Country Club) and "A" to "PUD" Planned Unit Development in accordance with the Naples Forest Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0615, as described in Ordinance Number 91-i02, ~he Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- 12B-2 .i PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Mar~brie M. Student Assistant County Attorney PUD-97-16 ORDINANCE/ -2- NAPLES FOREST COUNTRY CLUB A PLANNED UNI'I~ DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING NAPLES FOREST COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TOLL BROTHERS, INC. 233956 SANCTUARy LAKES COURT BONITA SPRINGS, FLORIDA 34134 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" TABLE OF CONTENTS 12B 2 . List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V Section VI Section VII Legal Description, Property Ownership and General Description Project Development Residential Development Standards Commons~ecreation Area Development Standards Commercial\Office Area Development Standards Preserve Area Development Commitments i ii I-1 II-1 III-I IV-1 V-I VI-I VII-I 1213 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I TABLE II PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL\COMMONS RECKEATION DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE The development of approximately 485 acres of property in Collier County as a Planned Unit Development to be known as Naples Forest Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial\offce, and recreational facilities of Naples Forest Country Club PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 10. II. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Co[lier County. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the Rattlesnake Hammock Road (C.R. 864) and County Road 9.51 intersection. This strategic location allows the site superior access for the placement of commercial activities. The project is a mixed use development located within, and less than one mile from, a designated Activity Center, therefore, the proposed commercial uses and residential densities are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The proposed density of Naples Forest Country Club PUD is 1.67 units per gross acre and less than the maximum density of 7 units per acre permitted by the FLUE Density Rating System and is therefore consistent with the Future Land Use Element, Policy 5.1. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of Naples Forest Country Club PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. Naples Forest Country Club PUD is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. Naples Forest Country Club PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will be open space or reserved for conservation purposes. The Master Development Plan, with its extensive natural, lake and golf course open space areas, and with its Iow residential density, will insure that the developed project will be an enjoyable residential neighborhood.. SECTION 1 PROPERTY OWNERSItlP AND DESCRIPTION 1.I PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Naples Forest Country Club PUD. 1.2 LEGAL DESCRIPTION The subject property being 485.02 acres is described as: All that part of Section 15, Township 50 South, Range 26 East, Collier County, Florida, lying south of the following described parcel: BEGINNING at the Northeast corner of Section 15, Township 50 South, Range 26 East, Collier County, Florida, then along the North line of Section 15, South 87°37'14" West 100.16 feet to the West Right-Of-Way line of County Road 951 for a PLACE OF BEGINNING; then along the West Right-Of-Way line South 00°51'53" West 892.87 feet; then South 87°43'59" West 4870.63 feet to the West line of Section 15; then along the West Section line North 00°i5'23" West 882.49 feet to the Northwest corner of Section 15; then North 87°37. 14" East 4888.46 feet to the PLACE OF BEGINNING, and lying west of the Right-Of-Way for County Road 951 and north of the Right- Of-Way for Rattlesnake Hammock Road. 1.3 PROPERTY OWNERSHIP The subject property is owned by Max R. Israelson, Stuart G. lsraelson and Wendy Israelson. 1.4 PHYSICAL DESCRIPTION The development property is located in the northwest quadrant of the intersection of Rattlesnake Hammock Road (C.R. 864) and County Road 95 !, in Section 15, Township 50 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, utilized for cattle grazing, and presently is used as horse range. Portions of the property have burned, which has given rise to the extensive infestation of the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands including both submerged wetlands in which cypress and associated vegetation dominate, and transitional wetlands in which the predominam vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project uti!izes lake and natural wetland detention areas which will result in the post development surface water discharge volume being no more than the pre-development discharge volume. I-1 I.S 1.6 PROJECT DESCRIPTION The Naples Forest Country Club PUD shall be a mixed use development, with residential development centered around an 18 hole golf course, with a comrnercialJoffice development opportunity. The commercial component of the development will be located on a 15± acre parcel at the intersection of County Road 951 and Rattlesnake Hammock Road. The commercial land uses proposed are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, whether fast- food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional off~ces to be located in a shopping center, or developed in an outparcel within the commercial/office development area. The amenities proposed to be provided in the project include, but are not limited to, an ]8 hole golf course and related support facilities, structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a diverse variety of passive and active recreational opportunities. Each residential unit, and each commercial or office land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. Approximately 361 acres of the 485:t: acre project is planned as a stormwater management basin. Approximately 69 acres of lakes and 29 acres of natural/preserve area are included in this area. Stormwater originating on lands to the north of the project will flow through the project using culverts, swales, and preserved areas of the site in a manner intended to duplicate predevelopment conditions. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation,, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be slowly discharged through small bleed-doWn structures into the existing preserved wetland slough. Off-site outfalls which receive stormwater discharge from the property will likely undergo modification in the future due to development/modification, at which time modifications to the Naples Forest Country Club PUD water management plan may be required. SHORT TITLE This Ordinance shall be known and cited as the "Naples Forest Country Club Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the proiect plan of development, relationships to applicable Coun, ty Ordinances, the respective land uses of the tracts included in the Naples Forest CountrY Club PUD development, as well as other project relationships. GENERAL Regulations for development of Naples Forest CountrY Club PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Do All conditions imposed and all graphic material presented depicting restrictions for the development of Naples Forest Country Club PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be four land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". II-1 TABLE I PROJECT LAND USE TRACTS TRACT "R" TRACT "CO" TRACT "CR" TRACT "P" TYPE UNITS/SQ. FT. ACREAGE:t: RESIDENTIAL 785 1 I0 COMMERCIAL\OFFICE 150,000 i 5 COMMONSXRECREATION 0 219 PRESERVE 0 141 Areas illustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and dr),' depressions for water retention p~hrposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3 2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 785 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development area, is approximately 470.02 acres. The gross project density, therefore, will be a maximum of !.67 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat for all or pan of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier Counts' governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State &Florida Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with the PUD approval, a Preliminary. Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Any division &property and the development &the land shall be in compliance with Division 3.2 &the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 11-2 The development of any tract or parcel approved for residential or commercial/office development contemplating fee simple ownership of land for each dwelling unit, or commercial/office unit or parcel, shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of County Commissioners. Use of the golf course may not occur until a Site Development Plan for the golf course is approved, or the plat is recorded, and all support infrastructure is completed and preliminary acceptance for the improvements is granted by the Community Development and Environmental Services Administrator. Prior to the development of a zero lot line product (single-family detached units following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.3), and 3.4D.3) of this document), in which each unit is on a separately platted lot, the developer shall submit a Site Development Plan showing the building envelope on all of the lots intended for zero lot line construction to the Customer Services Department for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required sideyard in a uniform manner. 2.6 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7 ! of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from Naples Forest Country Club PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. il-3 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 2.9 Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing Naples Forest Country Club PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within Naples Forest Country Club PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or, where applicable, a Community Development District, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL HOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Naples Forest Country Club PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. The limitation of Subsection 2.6.33.4.1.5(a) of the Land Development Code, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Naples Forest Country Club PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty.five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over future residential lots which are depicted on an approved Preliminary Subdivision Plat, no fencing is required. II-4 12B-' Z I Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling' retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preseme Areas. Fill storage and stockpiling shall be permitted as a part of a golf course Early Work Permit, and prior to platting or Site Development Plan submittal. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within Naples Forest Country Club PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County C_n'owth Management Plan, a minimum of 25% of the viable, naturally functioning native vegetation on site is required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. 2,14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. II-5 12B-' 2 i SECTION Ill RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identi~ specific development standards for areas designated as Tract "R' on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 7gS dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses: 1) Single-Family detached dwellings. 2) Single-family attached dwellings, zero lot line and patio dwellings and/or multi,family dwellings. 3) Model Homes (See Section 2.10 of this PUD Document). B. Accessory Uses: I) Customary accessory uses and structures includ!ng but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including rights-of-way easements). :t) Signage (see Section ?. 11 of this document). 4) Water management facilities/lakes. 5) Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure Condominium/homeowner's association boundaries shall not be utilized for determining development standards lll-I MINIMUM LOT AI~A: 1) Single family lots: 5,500 square feet. 2) Attached single family, villa/patio homes, and zero lot line dwellings: 4,000 square feet of site area per dwelling unit. 3) Multi-family parcels: 1 acre. AVERAGE LOT WIDTH: 1) Single family lots: 70 feet. 2) Attached single family dwelling units: 30 feet per single story dwelling unit; 25 feet per two story dwelling unit. 3) Villa/patio homesites, and zero lot line lots: 50 feet. 4) Multi-family parcels: 150 feet. MINIMUM YARDS (Principal Structures): 1) Single family detached: Front Yard: 25 feet. Side Yard: 7.5 feet. Rear Yard: 20 feet. Minimum Distance Between Structures: 15 feet. 2) Single family attached: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet. 3) Villa/patio homes, and zero lot line: Front Yard: 20 feet. Side Yard: 0 feet or 5 feet. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet. 4) Multi-family: Front Yard: 20 feet. Side Yard: 15 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Rear Yard: 20 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater, III-2 1ZB Z MINIMUM YARDS (Accessory Structures): 1) Single family detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. Attached: I0 feet, or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. 2) Single family attached: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 15 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. 3) Villa/patio homes, and zero lot line: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 15 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. 4) Multi-family: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. MINIMUM FLOOR AREA: I) Single family detached dwelling units: 1,400 square feet. 2) All other dwelling units: 1,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of thc Collier County Land Development Code in effect at the time of building permit application. MAXIlvlUM I-I~IGHT 1) Single family attached or detached, villa/patio homes, and zero lot line: Two stores above the minimum flood elevation. 2) Multi-family: Four stories above the minimum flood elevation. 3) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. 1II-3 I. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the previously listed residential development regulations. Prior to approval and subject to the provisions of' Division 3.3 of the Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area, and the basic intent of'the PUD standards are complied with. III-4 SECTION IV COMMONS\RECREATION AREA 4.1 4.2 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract "CR", CommonsXP, ecreation Area on Exhibit "A". The primary function and purpose of this Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses: l) Golf courses and golf club facilities, including temporary and permanent golf clubhouses. 2) Tennis clubs, health spas, and other recreational clubs. 3) Structures which house social, recreational, project marketing, administrative, or security facilities. 4) Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staffoffices. $) Utility, water management and rights-of-way/access easements. 6) Lakes and water management facilities. 7) Conservation areas/mitigation areas. 8) Land use and/or landscape buffers, which may or may not be easements, depending on the butter use. 9) Signage (see Section 7 10 of this document). ~o) Open space uses and structures including, but not limited to golf cart paths, nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas. IV-I 4.3 11) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 12) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. 13) Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Lake excavations as permitted by Division 3.5 of the Collier County Land Development Code. B. Accessory Uses: Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. 1) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses. 2) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence for the golfing/tennis facilities. 5) Telecommunications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VI-IF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowner's association. DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. Setbacks: l) Country Club (Principal structures): Front Yard: 50 feet from abutting residential parcels, otherwise 0 feet. Side Yard: 25 feet from abutting residential parcels, otherwise 0 feet. Rear Yard: None. Accessory Structures (all yards): 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. 2) Other Recreation Areas (All buildings): Front Yard: 20 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Side Yard: I0 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Rear Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. IV-2 12B'"Z Structures adjacent to one another shall be separated by a minimum of 10 feet. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. A Site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document Maximum Height: i) Principal Structures: 60 feet. 2) Accessory Structures: 40 feet, except telecommunications facilities and structures. Minimum Off-Street Parking And Loading: 1) Private Golf Courses: Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office/ lobby/ pro-shop/ health club/ clubhouse/ lounge/ snack bar/ dining room/ meeting room areas, of which a maximum one-third (1/3) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of the Collier County Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,000 square feet. 2) Loading Areas: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Caretaker's Residence: One (1) caretaker's residence shall be permitted for the golfing/tennis facilities, subject to the following: 1) The residence shall be constructed as an integral pan of the main golf course clubhouse facility, and shall be entered from within the respective clubhouse/facility All exits required to comply with fire codes shall be permitted. 2) The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretakers' residences shall be in addition to any other required parking facilities. IV-3 4.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: I) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of' the developer. Land use buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer; existing native plant types may be utilized and, or; 3) Earthen berms and, or; 4) Fences/walls: 9 foot maximum height. B. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 7.11 of this document shall also apply. I) Land use buffers, ben'ns, fences and walls may be constructed along the perimeter of the Naples Forest Country Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument. 2) All other project property boundaries shall have land use butter widths in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 7.11 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code. 4) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers will be irrigated. IV-4 1 2B- 2q TABLE II DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE VILLA/PATIO MULTI- STANDARDS FAMILY FAMILY ZERO LOT FAMILY DETACHED ATTACHED LINE USES COI~VlONS RECREATION MINIMUM LOT AREA AVERAGE LOT V~DTH MIN FLOOR AREA FRONT YARD 5,500 S.F. 4,000 S.F. 4,000 S.F. I ACRE '/0 FEET 30 FEETI 50 FEET 150 FEET 25 FEET: 1,400 S.F. !,000 S.F. 1,000 S.F. 1,000 S.F. 25 FEET 20 FEET 20 FEET 20 FEET SIDE YARD ?.5 FEET 5 FEET~ 0 FEET OR 15 FEETs ?,5 FEET2 5 FEET REAR YARD 20 FEET 15 FEET ! 5 FEET 20 FEETs MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET 10 FEET 15 FEETs MAX. BLDG. HT. 2 STORIES~ 2 STORIES~ 2 STORIES~ 4 STORIES? ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. SIDE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE 50 FEET~ 25 FEET~ lO FEL:T' NONE~ lo FEET' 10 FEET I0 FEETs S.P.S.' S.P.S. S.P.S. S.P.S. S.P.S. I0 FEETs S.P.S.' REAR(ATTACHED) 10 FEETs 10 FEET~ 10 FEETs 10 FEETs 10 FEETs S.P.S.' ('DETACHED) 20 FEET 15 FEET 15 FEET 20 FEET 10 FEET~ S.P.S.' MAX. BLDG. HT. 35 FEETS 35 FEETS 35 FEETs 35 FEETS 40 FEET~ S.P S.: Same as Principal Structures. IV-5 Applicable to single story dwelling units. Applicable to two story dwelling units. Applicable only to the golf course clubhouse, and only applicable from residential parcels, otherwise none (0'). Applicable to all other recreational buildings not associated vsith the golf course clubhouse. Where such recreational buildings are adjacent to golf course, none (0'), or lake - none (0') measured from the lake control elevation. Where adjacent to a golf course - none (0'), or lake. none (O') measured from the lake control elevalion. 15 feet. or one-half of the sum of the heights of ~djacem buildings, measured from exterior w311s, whichever is greater. Building height shall be measured from minimum Hood elevation. 35 feet, or 2 stories, whichever is greater, above the minimum flood clcvation, except for attached screen enclosures, which may be the height of the principal structure. 40 feet. except telecommunications facilities and structures. SECTION V COMMERCIAL/OFFICE AREA 5.1 5.2 PURPOSE The purpose of this Section is to set forlh the development plan for areas designated as Tract "CO', Commercial/Office Area on Exhibit "A', PUD Master Plan. MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 15+ acre Commercial/Office Area (Tract "CO"), shall not be developed with more than 150,000 square feet of commercial/office uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. 5.3 USES PERMI'FrED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Usesl: l) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 523 - Paint, Glass, and Wallpaper stores; b. 525 - Hardware stores; c. Major Group 53 - General merchandise stores. 2) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 3) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 - Auto and Home Supply stores, not including any installation facilities; b. 554 - Gasoline Stations, not including service facilities; c 7542- Carwashes only. 4) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 5) Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. V-I ~ Reference Executive Office of thc Prcsidcm, Office of Managcmcnt and Budgct, Standard Industrial Classtficanon Manual. 1987 Edition. 12B 2 . 6) Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification Manual. 7) Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers; and not including the retail sale of fireworks. 8) Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64~ 65, and 6'/in the Standard Industrial Classification Manual. 9) Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 rooms shall be permitted. 10) Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 - Laundry, Cleaning, and Garment Services, only including 7211 - Power laundries, family and commercial, and 7215 - Coin-operated laundries and dry-cleaning; b. 722 - Photographic Portrait Studios; c. 723 - Beauty Shops; d. 724 - Barber Shops; e. 725 - Shoe Repair Shops and Shoeshine Parlors; 726 - Funeral Service and Crematories; e. 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7334. Photocopying and Duplicating Services; c. 7371 - Computer Programming Services. 12) Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 13) Establishments operating primarily to provide engineering, accounting, research, and management for the Following Industry Numbers: a. 871 I - Engineering Services (no outside equipment storage); b. 8712 - Architectural Services (no outside equipment storage); c. 8721 - Accounting, Auditing, and Bookkeeping Services; 8732 - Commercial Economic, Sociological, and Educational Research; e. 8742 - Management Consulting Ser,,'ices; £ 8743 - Public Relations Services; g. 8748 - Business Consulting Services. V-2 5.4 14) Offices o£ government as defined under Major Group 91 in the Standard Industrial Classification Manual. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I) Parking facilities and Signage. 2) One caretaker's residence. DEVELOPMENT STANDARDS MINIMUM LOT AREA: 10,000 square feet. AVERAGE LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 20 feet. 2) Side Yard: None, or a minimum 6f 5 feet, with unobstructed passage from front to rear yard. 3) RearYard: 15feet. 4) Parcels with two frontages may reduce one front yard by 10 feet. D. MINIMUM YARDS AND BUFFERS (EXTERNAL) !) Rattlesnake Hammock Road (C.R. 864): $0 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Rattlesnake Hammock Road Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Rattlesnake Hammock Road. 2) County Road 951:50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the C R 951 Right-Of-Way A 20 foot landscape buffer, in accordance with Section 4 4. and Section 7. I l of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of State Road 951. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 50 feet, except for architectural appurtenances, which shall not exceed 75 feet. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. V-3 MAXIIvIUM GROSS LEASABLE FLOOR AREA: 150,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. ARCHITECTURAL UNIFORMITY: Commercial/office development in this PUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code. CARETAKER'S RESIDENCE: One (i) caretaker's residence shall be permitted for the commercial/office development area, subject to the following: 1) 2) The residence shall be constructed as an integral pan of the shopping center or one of' the commercial/office buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial/office facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretaker's residences shall be in addition to any other required parking facililies. V-4 SECTION VI PRESERVE AREA 6.1 6.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. USES PEI~M ITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: 1) Open spaces/Nature preserves. 2) Water management facilities. 3) Signage (see Section 7, I0 of this document). 4) Mitigation areas. s) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 6) Hiking trails, riding trails and golf can paths, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. VI-I SECTION Vii DEVELOPMENT COMMITMENTS 7.1 7.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and thc regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 7.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and ali common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Naples Forest Country Club PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Naples Forest Country Club PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. VII-i 7.4 7.5 The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7 3.C I) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Reconfiguration of golf course envelopes and design features. d. Internal realignment of rights-of-way. e. Modification of the County road access locations in a manner consistent with the Collier County Access Management Plan. f Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual PUD monitoring repor~ shall be submitted pursuant to Section 27.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede trafHc flow on Rattlesnake Hammock Road (C.R. 864) or County Road 951, nor shall such facilities be located within the Rattlesnake Hammock Road or County Road 951 Rights-Of-Way. VII-2 Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff'. Residential dwelling units proposed as either single-family detached or single-family zero lot line units shall be considered as single-family detached dwellings, for purposes of determining road impact fees, in accordance with Ordinance 92-22, as amended. All access points shall be consistent with the Collier County Access Management Policy (Resolution 92-422). Under the two-lane condition'for Rattlesnake Hammock Road, any access point may enjoy full access with respect to ingress and egress turning movements. Both left and right-turn lanes shall be required at all access points. Under the future four-lane condition, the developer shall be responsible for providing turn lanes for both eastbound and westbound traffic. If the developer has not installed turn lanes under the two-lane condition, then all costs of providing such turn lanes under the four- lane condition shall be the sole responsibility of the developer. C.R. 951 is presently a four-lane facility. All costs of providing either northbound or southbound turn lanes at all access points shall be the developer's sole responsibility. This requirement shall ex~end to any modifications of existing facilities that may become necessitated by the developer's project. The applicant shall contribute a fair share toward the cost of traffic signals at the project entrance, or at any other intersection significantly impacted by the applicant's project, within the Radius of Development Influence of the project on both Rattlesnake Hammock Road and C.R. 951, if and when deemed warranted by the County. Such traffic signals shall be owned, operated and maintained by the County. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credit to the applicant. The applicant shall provide a strip of land at least 25 feet in width along the entire length of the Rattlesnake Hammock Road fight-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of- way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. The applicant shall be responsible for the installation of arterial level lighting ~,t all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. VII-3 MI required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined ~in Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways, if access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so not to permit such vehicular backup. A minimum throat length for vehicle stacking shall be 75 feet. Where expected Peak Hour traffic volumes are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. 7.6 WATER MANAGEMENT 7.7 The development of this PUD Master Development Plan shall be subject to and governed by the followin8 conditions: Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable, or irrigation wells. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C 10D-6, and may use potable or irrigation wells. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan, and extended throughout the project. During the design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible. The County recognizes there are environmental constraints that may prevent looping. VII-4 The project's developer, his assigns, or successors may negotiate an agreement with the Collier County Water-Sewer District for the use of treated effluent within the project for irrigation purposes for the golf course and/or common area. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the Florida Department of Environmental Protection CFDE?") consistent with the volume of treated wastewater to be utilized. 7.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildli£e Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. 7.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or t'ollowin8 the construction of the principal structure, except for a construction site office and model center. VII-5 7.10 SIGNS All signs shall be in accordance with Division 2.$ of Collier County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, and two project identification signs may be located on Rattlesnake Hammock Road (C.R. 864) and County Road 951, all subject to the following requirements: I) Such signs shall contain only the name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material. 2) Project identification signs shall not exceed sixty (50) square feet, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. 3) No project identification signs shall exceed the height of 10 feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. Project Promotion Signs - Two ground or wall signs may be located on the project's frontage on Rattlesnake Hammock Road (C.R. 864), and two ground or wall signs may be located on the project's frontage on C.R. 951 for the purpose of promoting the development or any major use within the development, subject to the following requirements: l) Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of l0 feet above the average finished ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. CommerciaL/office signage shall be permitted in addition the aforementioned signage, and shall conform with the provisions of Division 2.5. of the Land Development Code, and where applicable, to the signage provisions of Division 2.8. of the Land Development Code. 7.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Forest Country Club PUD, except in Preserve Areas. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 3: I 2) Ground covered berms 2:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical VII-6 Fence or wall maximum height: 9 feet, as measured from the finished grade of' the ground at the base of the fence or wall. For the purpose of' this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a petimetet landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of. greater than 4: I (i.e. 3:1, 2:1. 1:1, or vertical). Pedestrian sidewalks, golf cart paths, bike paths, equestrian tiding trails, water management facilities and structures may be allowed in landscape buffer areas. 7.12 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at thc time of'building permit application. 7.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. VII-7 NAPLES FOREST COUNTRY CLUB LAND USE TABLE T~ACT ~ CRESIOENTtAL.) 110 TRACT 'CR' (COMtaONS'~EC~.A13ON) TRACT 'CO" (COMMERCIAL%OFTICE~ ~'A~! TRACT "P' (PR~$E~¥E) 141 TOTAL PROJECT AREA 48E'ACR;E$ EXHIBIT "A" NapLes OatLy NapLes, FL 339~0 Affidavit of PubLication NapLes OaiLy Ne~s BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57636654 NOTICE OF INTENT TO State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the NapLes 0alLy News, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising ~as published in said newspaper on dates Listed. Affiant further says that the said NapLes 0alLy News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuousLy published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 yeae next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the NOTICE ~ INTENT TO CONSIDER O~DINANCE ~O~ke I~ hereby given mY 24, t~, In ~e room, 3rd ~loor, Adml~lsk~lon Building, C~ller C~ ~ Cema, 3~1 E~t T~I~t Troll CouNty Commissioners will C~ ~ ~ ~ a C~ ~e. T~ ~ C~e ~ ~ A.~ AN ORDINANCE A~ENDING ORDI. NANCE NUMBER 91.102 r~ C~L~R COUNTY LAND DE. EHENSlvE ZONIHG REGULA. TIONS F~ T~ UNI~ CORPO~ATED A~EA ~ C~L~R C~Y O~IDA, BY AME~ G THE OFFICIAL ZONING AT~S NUMBER 061~ BY CHANGING ~ ZON. lNG CLASSIFICATION OF T~ ~REIN ~I~D REAL ERTY FRO~ "PUD" [ COUNTey ~ "~" ~o .~- ~s ~s ~oR~sz cou~ c~ ~ ~x~o u~ co~u~. purpose of securing this advertisement for TY CONSISTING OF NO GREATER THAN publication in the said newspaper. MIXED RESIDENTIAL DWELLING UNITS. PUBLISHED ON: 02/08 GOLF COURSE, CL~ HOUS~ AND RELATED RECREATIONAL AMENITIES. AND 1~0,000 $QUAR'E FEET OF COMMERCIAL j FLOOR SPACE FOR I PRD~ERTY LOCATED J AT THE NO~THV~ST I QUADRANT OF C.R. 9SI J AD SPACE: 111.000 INCH AND RATTLESNAKE. J FILED Off: 02/09/98 ~6~AMMOCK goal) ICA. / ), IN ~ECTION 15 ................................ . .................................... TO WN~.-flP SO Signature of Affiant · * , LIERRANGEcouNTy,26 EAST, CC~..*FLO~i. ~, .C__ONSISTING OF · . , ,, / , a, ACRES MORE OR. S~orn to and Subscribed before me this ,', day of , , 19~/vINGLESS"ANAND EFFECTIvEBY PROVIO. DATE. PersonaLLy known by me Petition PUD-97.16, MeAnly Engineer ~g D,_e.s..l~ I.~:..~ re~esenflng -o, ur~rs, I~.~ re- "~" ~ "A" ~ ~e~e~flle~ ~ I~. fl~ All I~r~ ~ 0-- -~-- COUNTY COMMIS~O~Rs COLLIER COUNTY, BARBARA B. BERRY~ CHAIR~N DWIGHT E. BROCK~ ~RK ORDINANCE NO. 98- 14 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNF~LUDES THE COMPREHEN.qTVE Z©HI:iG PEGUI,ATTONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA 9615 BY CHANGING THE ZONIHG CLASSIFICATION OF THE .'-!EREi~; DE:]CPiBED PEAL PROPERTY ?'ROM "PUD" (CASA DEL SOL GOLF & COUNTRY CLUB) AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES FOREST COUNTRY CLUB FOR A MIXED USE COMMUNITY CONSISTING OF NO GREATER THEN 785 MIXED RESIDE~ITIAL DWELLING UNITS; GOLF COURSE, CLUBHOUSE AND RELATED ~ECREATIOIIAL AMENITIES; AND 150,000 SQUARE FEET OF 29Y. i~.EPCiAL FLOOR SPACE FOR PROPERT'f LOCATED AT THE !IORTHWEST QUADRANT OF C.P. 951 AND PATTLESNAKE- HA:~,MOCK ROAD (C.R. 864), itl SECTiC.'; 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, McAnly Engineering and Design, Inc., representing Toll Brothers, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described rea[ property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" (Casa Del Sol golf a Country Club) and "A" to "PiJD" [']armed Unit Development in accordance wi~h the Naples Forest Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0615, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- ! 282 NAPLES FOREST COUNTRY CLUB A PLANNED UNIT DEVELOPMENT KEGULATIONS AND SUPPORTING MASTER PLAN GOVERNING NAPLES FOREST COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR. TOLL BROTHERS, INC. 233956 SANCTUARY LAKES COURT BONITA SPRINGS, FLOR/DA 34134 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER ~MEND~ENTS AND REPEAL 2/24/98 98-14 Exhibit "A" 12B2e! PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this j~ day of /~~ , 1998. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: -~IGH~ E. BROCK, Approved as to Form and Legal Sufficiency ~~;) ~ MarJ~brie M. Student Assistant County Attorney PUD-97-16 OPDINANCE/ -2- 12B2 W TABI,E OF CONTENTS List of Exhibits and Tables Statement of'Compliance Section I Section II Section III Section IV Section V Section VI Section VII Legal Description. Property Ownership and General Description Project Development Residential Development Standards Commons~ecreation Area Development Standards Commercial~,Office Area Development Standards Preserve Area Development Commitments i ii I-I II-I III-1 IV-I V-I VI-I VII-I ,I. IST OF E×lllIIIT$ AND TABLES EXHIBIT A TABLE 1 TABLE 1I PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL\COMMONS RECREATION DEVELOPMENT STANDARDS STATEMENT OF COM PI,lANCE The development of approximately 485 acres of property in Collier County as a Planned Unit Development to be known as Naples Forest Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial\office, and recreational facilities of Naples Forest Country Club PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: lO. 11. The subject property For development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective I of thc Future Land Use Element (FLUE), and the uses contemplated are consistent therewith The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject properly is located on the northwest corner of the Rattlesnake Hammock Road (C R. 864) and County Road 951 intersection This strategic location allows the site superior access for the placement of commercial activities The project is a mixed use development located within, and less than one mile from, a designated Activity Center, therefore, the proposed commercial uses and residential densities are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The proposed density of Naples Forest Country Club PUD is 1.67 units per gross acre and less than the maximum density of 7 units per acre permitted by the FLUE Density Rating System and is therefore consistent with the Future Land Use Element, Policy 5 I. The development ,.vill be compatible with and complementary to existing and planned surrounding land uses The development of Naples Forest Countm Club PUD ,.,,'ill result in an efficient and economical extension of community facilities and semices as required in Policies 3. I.H and L of the Future Land Use Element Naples Forest Country Club PUD is consistent v.'ith and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. Naples Forest Country Club PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will be open space or reser,.'ed for conservation purposes The Master Development Plan, with its extensive natural, lake and golf course open space areas, and with its Iow residential density, will insure that the developed prOJect will be an enjoyable residential neighborhood. SECTION I PROPERTY OWNERSII I P AND DESCRIPTION 1.I PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Naples Forest Country Club PUD I.?, LEGAL DESCRIPTION The subject property being 485 02 acres is described as All that part of Section 15. Township 50 South, Range 26 East, Collier County. Florida. lying south of the following described parcel BEGINNING at the Northeast corner of Section 15, Township $0 South, Range 26 East, Collier County, Florida, then along the North line of Section 15. South 8703'7' 14" West 100.16 feet to the West Right-Of-Way line of County Road 951 for a PLACE OF BEGINNING; then along the West Right-Of-Way line South 00051'53'' West 89287 feet; then South 8'/043'59'. West 4870.63 feet to the West line of Section 15; then along the West Section line North 00015'23" West $82.49 feet to the Northwest corner of Section 15; then North 8703'7, 14" East 4888.46 feet to the PLACE OF BEGINNING, and lying west of the Right-Of-Way for County Road 951 and north of the Right- Of-Way for Rattlesnake Hammock Road !.3 PROPERTY OWNERSIIIP The subject property is owned by Max R Israelson, Stuart G. Israelson and Wendy Israelson 1.4 PHYSICAL DESCRIPTION The development property is located in the northwest quadrant of the intersection of Rattlesnake Hammock Road (CR 864) and County Road 951. in Section 15, Township 50 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, utilized for cattle grazing, and presently is used as t~orse range Portions of the property have burned, which has given rise to the extensive infestation of the exotic species Melaleuca The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands including both submerged wetlands in which cypress and associated vegetation dominate, and transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly The proposed water management regime for the project utilizes lake and natural wetland detention areas which will result in the post development surface water discharge volume being no more than the pre-development discharge volume. I-I 1.5 PROJECT DESCRIPTION The Naples Forest Country Club PUD shall be a mixed use development, with residential development centered around an 18 hole golf course, with a commercial/office development opportunity. The commercial component of the development will be located on a 15+ acre parcel at the intersection of County Road 951 and Rattlesnake Hammock Road The commercial land uses proposed are those typically associated with major intersections. including, but not limited to, convenience stores with gas pumps, restaurants, whether fast- food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s) There is the potential for professional offices to be located in a shopping center, or developed in an outparcel within the commercial/office development area The amenities proposed lo be provided in the project include, but are not limited to, an 18 hole golf course and related support facilities, structures and areas to provide social ancl recreational space, lakes, natural and landscaped open spaces, and a diverse variety of passive and active recreational o~ortunities Each residential unit, and each commercial or ottice land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate Approximately 361 acres of the 485~ acre project is planned as a stormwater management basin. Approximately 69 acres of lakes and 29 acres of natural/preserve area are included in this area. Stormwater originating on lands to the north ofthe project will flow through the project using culverts, swales, and preserved areas of the site in a manner intended to duplicate predevelopment conditions Flood protection will be provided to thc project by raising buildings, roads, etc. in conformance with South Florida Water .Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be slowly discharged through small bleed-dov;n structures into the existing preserved wetland slough Off-site outfalls which receive stormwater discharue from the property will likely undergo modification in the future due to development/modification, at which time modifications to the Naples Forest Country Club PUD water management plan may be required 1.6 StlORT TITLE This Ordinance shall be known and cited as the "Naples Forest Country Club Planned Unit Development Ordinance" 1-2 1282 SECTION !1 PROJECT DEVELOI',M ENT REQUI REM ENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the Naples Forest Country Club PUD development, as well as other project relationships. GENERAL Regulations for development of Naples Forest Country Club PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Management Plan in effect at the time o£ building permit application Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application All conditions imposed and all graphic material presented depicting restrictions for the development of Naples Forest Country Club PUD shall become pan of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code. where applicable, remain in flail force and effect with respect to the development of the land which comprises this PUD Development pertained by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan. Final Plat approval, or building permit issuance applicable to this development 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan. including layout of streets and use of land for the variot,s tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be four land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit 11-1 TABI.E ! PROJECT LAND USE TRACTS .TYPE UNITS/SQ. FT. ACREAGE± TRACT "R" RESIDENTIAL 785 II0 TRACT "CO" COMMERCIAL\OFFICE 150,000 15 TRACT "CR" COMM ON S~REC REATiON 0 219 TRACT "P" PRESERVE 0 141 Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A" Minor modification to all tracts, lakes or other boundaries may be permitted at thc time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary 2.4 MAXIMUM PROJECT DENSITY A maximum of' 785 residential dwelling units ma). be constructed in the total project area. The gross project area, excluding commercial/office development area, is approximately 470.02 acres The gross project densitv, therefore, will be a maximum of' 167 dwelling units per acre 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat for all or pan of'the PUD. final plans of' all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan. the Collier Count)' Subdivision Code, and the platting laws of'the State of'Florida Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan Subsequent to, or concurrent with the PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Any division &property and the development of the land shall be in compliance with Division 3.2 &the Collier County Land Development Code, and the platting laws &the State of Florida. The provisions &Division .3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. II-2 1282 The development of any tract or parcel approved For residential or commercial/offce development contemplating fee simple ownership oFland for each dwelling unit, or commercial/office unit or parcel, shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff' and the Board of County Commissioners Use of the golf course may not occur until a Site Development Plan For the golf course is approved, or the plat is recorded, and all support infrastructure is completed and preliminary acceptance for the improvements is granted by the Community Development and Environmental Services Administrator Prior to the development of a zero lot line product (single-family detached units following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C3), and 3.4.D 3) of this document), in which each unit is on a separately platted lot, the developer shall submit a Site Development Plan showing the building envelope on all of the lots intended for zero lot line construction to the Customer Services Department for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required sideyard in a uniform manner, 2.6 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.571 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3,5.7.3.1. of the Land Development Code, however, removal of fill from Naples Forest Country Club PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for muhi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road II-3 2.$ A,MENDMENTS TO PUD DOCUMENT OR PUD MASTER PI,AN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 273 5. of the Collier County Land Development Code Minor changes and refinements as described in Section 73.C of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of, way, utilities and other purposes as required All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adopuon of this ordinance establishing Naples Forest Country Club PUD Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within Naples Forest Country Club PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or, where applicable, a Community Development District, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2 2203 8 of the Collier County Land Development Code. 2.10 MODEL IIOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted pnncipal uses throughout the Naples Forest Country Club PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. The limitation of Subsection 2.633.4.1.5(a) of the Land Development Code. regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. 2,11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Naples Forest Countr! Club PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier Courtly Engineering Review Services for review and approval The following standards shall apply A. Stockpile maximum side slope 3:1 B. Stockpile maximum height: thirty-five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet ~n height above ground level. If fill is spread to a height less than four feet over future residential lots which are depicted on an approved Preliminary Subdivision Plat. no fencing is required. 11-4 12B2. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass If flu is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. Fill storage and stockpiling shall be permitted as a part of a golf course Early Work Permit, and prior to platting or Site Development Plan submittal. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within Naples Forest Country Club PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 64.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable, naturally functioning native vegetation on site is required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document becomc a part of the Land Development Code, and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. II-5 SECTION II1 RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan. Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of'development plan review, but shall not exceed 785 dwelling units. 3,3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part. for other than the following. A. Principal Uses. 1) Single-Family detached dwellings 2) Single-family attached dwellings, zero lot line and patio dwellings and/or multi-family dwellings. 3) Model Homes (See Section 2 10 ofthis PUD Document). Accessory Uses: l) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including rights-of-way easements). 3) Signage (see Section 7 I l ofthis document). 4) Water management facilities/lakes 5) Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available. 3.4 DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure Condominium/homeowner's association boundaries shall not be utilized for determining development standards. lll-I 12B211! MINIMUM LOT ARE& 1) Single family lots: 5,500 square feet. 2) Attached single family, villa/patio homes, and zero lot line dwellings: 4,000 square feet of site area per dwelling unit. 3) Multi-family parcels: I acre AVERAGE LOT WIDTH 1) Single family lots 70 feet 2) Attached single family dwelling units: 30 feet per single story dwelling unit; 25 feet per two story dwelling unit 3) Villa/patio homes;res, and zero lot hne lots: 50 feet. 4) Multi-family parcels 150 feet MINIMUM YARDS (Principal Structures): I) Single family detached Front Yard 25 feet Side Yard: 7 5 feet Rear Yard 20 feet Minimum Distance Between Structures 15 feet. 2) Single family attached Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 75 feet for two story structures Rear Yard: 15 feet. Minimum Distance Between Structures 10 feet. 3) Villa/patio homes, and zero lot line; Front Yard: 20 feet. Side Yard: 0 feet or 5 feet Rear Yard: 15 feet Minimum Distance Between Structures I0 feet. 4) Multi-family: Front Yard: 20 feet Side Yard: 15 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Rear Yard: 20 feet, or where adjacent to a golfcourse: 0 feet; or lake: 0 feet from the lake control elevation. Minimum Distance Between Stn,ctures 15 feet. or one.half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. 111-2 2.2B MINIMUM YARDS (Accessory Structures): I) Single family detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet Attached I0 feet, or where adjacent to a golfcourse 0 feet; or lake: 0 feet from the lake control elevation. 2) Single family attached: Front Yard' Same as principal structure Side Yard: Same as principal structure Rear Yard' Detached 1.5 feet Attached I0 feet, or where adjacent to a golfcourse 0 feet; or lake: 0 feet from the lake control elevation. 3) Villa/patio homes, and zero lot line Front Yard' Same as principal structure Side Yard: Same as principal structure Rear Yard Detached 15 feet Attached. 10 feet, or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. 4) Multi-family: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet Attached: 10 feet. or where adjacent to a golf course 0 feet; or lake: 0 feet from the lake control elevation. MINIMUM FLOOR AREA: 1) Single family detached dwelling units: 1,400 square feet. 2) All other dwelling units: 1,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by DMsion 2 3 ofthe Collier County Land Development Code in effect at the time of building permit application MAXIMUM HEIGHT I) Single family attached or detached, villa/patio homes, and zero lot line: Two stories above the minimum flood elevation 2) Multi.family' Four stories above the minimum flood elevation. ~) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above tl'.e minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure 111-3 CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the previously listed residential development regulations. Prior to approval and subject to the provisions or' Division 3.3 of thc Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area. and the basic intent or'the PUD standards arc complied with 111-4 1 282 SECTION IV COMMONS\RECREATION AREA 4.1 4.2 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract "CR", Commons'Recreation Area on Exhibit "A". The primary function and purpose of this Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs lbr a quality recreational opportunity Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities considered non-binding Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used. in whole or in part, for other than the following A. Principal Uses: 1) Golf courses and golf club facilities, including temporary and permanent -golf clubhouses 2) Tennis clubs, health spas, and other recreational clubs. 3) Structures which house social, recreational, project marketing. administrative, or security facilities. 4) Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staffoffices 5) Utility, water management and rights-of-way/access easements. 6) Lakes and water management facilities. 7) Conservation areas/mitigation areas 8) Land use and/or landscape buffers, which may or may not be easements. depending on the buffer use. 9) Signage (see Section 7 10 ofthis document). lo) Open space uses and structures including, but not limited to golf cart paths, nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas !I) Pedestrian and bicycle paths, or other similar facilities constructed far purposes of access to, or passage through the commons areas. 12) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. ]3) Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Lake excavations as permitted by Division 3,5 of the Collier County Land Development Code. B. Accessory Uses: Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. I) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses ofgolf'courses. 2) 3) 4) 5) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. Customary accessory uses or structures incidental to recreational areas and. or facilities, including structures constructed for purposes of maintenance. storage, recreation or shelter with appropriate screening and landscaping. One (1) caretaker's residence for the golfing/tennis facilities. Telecommunications facilities, including, but not limited to digital, fib~:roptic. microwave, satellite, UHF, VHF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, an4 written approval by the developer or master homeowner's association. 4.3 DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. Setbacks: 1) Country Club (Principal structures): Front Yard: 50 feet from abutting residential parcels, othenvise 0 feet. Side Yard 25 feet from abutting residential parcels, otherwise 0 feet. Rear Yard: None. Accessory Structures (all yards): I0 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. 2) Other Recreation Areas (All buildings): Front Yard: 20 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Side Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Rear Yard: 10 feet, or where adjacent to golfcourse 0 feet; or lake 0 feet. measured from the lake control elevation. IV-2 Structures adiacent to one another shall be separated by a minimum of 10 feet. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. A Site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document Maximum Height: l) Principal Structures' 60 feet 2) Accessory Structures 40 feet, except telecommunications facilities and structures Minimum Off-Street Parking And I.oading i) Private Golf Courses Four (4) spaces per hole. Additionally, one (l) space per 200 square feet shall be provided for office/ lobby/ pro-shop/ health club/ clubhouse/ lounge/ snack bar/ dining room/ meeting, room areas, of' which a maximum one-third (]/3) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of the Collier County Land Development Code In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms, maintenance buildings; and rooms for mechanical equipment shall be computed a one (I) space per 1,000 square feet 2) Loading Areas: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Caretaker's Residence: One (1) caretaker's residence shall be permitted for the golfing/tennis Facilities, subject to the following: 1) The residence shall be constructed as an integral part or the main golf course clubhouse facility, and shall be entered from within the respective clubhouse/facility. All exits required to comply with fire codes shall be permitted. The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application Parking for the caretakers' residences shall be in addition to any other required parking facilities. IV-3 12B2, 11 4.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer, existing native plant types may be utilized and, or; 3) Earthen berrns and. or, 4) Fences/walls 9 foot maximum height. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 7.11 ofthis document shall also apply. 1) Land use buffers, berms, fences and walls may be constructed along the perimeter of the Naples Forest Country Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument. 2) 3) All other project property boundaries shall have land use buffer widths in compliance `.vith Division 2.4 from Collier County's Land Development Code. Except as provided for above, and in Section 7.11 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code 4) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers ',,,'ill be irrigated IV-4 12B21 TABLE I! DEVELOPMENT STANDARDS DEVELOPMENT SIN'.iLE STANDARDS FAMILY DETACHED SINGLE VILLA/PATIO MULTI- FAMILY ZERO LOT FAMILY ATI'ACIIED LINE USES COMMONS RECREATION pRINCIPAL STRUCT~S MINIMUM LOT AREA 5,500 S F 4,000 S F. 4.00o SF. A~GE LOT WID~ 70 FEET 30 ~ET~ 50 FEET 25 FEET: ~N, ~R ~A 1,400 S F. 1,000 S F 1,000 S F ~O~ Y~ 2~ FEET 20 FEET 20 FEET SIDE YARD ?5 FEET 5 FEET: 7.5 FEET: REAR YARD 20 FEET 15 FEET 15 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET I0 FEET MAX. BLDG. HT. 2 STORIES' 2 STORIES' 2 STORIES: ACCESSORY ~TRI, J'CTURE $ ~oNT sP.S s.p.s, sPs I ACRE NOT APPLICABLE 150 FEET NOT APPLICABLE 1,000 S.F. NOT APPLICABLE 20 FEET .SO FEET~ 20 FEET'* 0 FEET OR 15 FEET~ 25 FEET~ 5 FEET lO FEE1'a 20 FEETs NONE~ 10 FEET~ 15 FEET~ 10 FEET 4 STORIES' 60 FEET~ S.P.S. IO FEETs S.P.S.' SIDE SP.S. S.P.S. S.P.S. S.P.S. 10 FEETs S.P.S.' REAR(A'I-FACHED) 10 FEETs 10 FEETs lO FEET~ 10 FEETs 10 FEETs S,P.S,'" (DETACHED) 20 FEET 15 FEET 15 FEET 20 FEET 10 FEETs S.P,S,' MAX, BLDG, I-IT. 35 FEET~ 35 FEET~ 35 FEET~ 35 FEE'Ia 40 FEET'~ S.P.S.: Same as Principal Structures IV-5 Applicable to single stor~' dwelling urals. Applicable to two story dwelling units. Applicable only Io thc golf course clubhouse, and only applicable from rcsidemial parcels, olhervrisc none (0'). Applicable to all other recreational buildings not assocmtcd wilh Ibc golf course clubhouse. Where such recreational buildings ,re adjaccm ~o golf course - none (0'). or I,kc - none (0') measured from lite lake conlrol elevation. Where adjacent to a golf course - none (0'). or I:~kc - none (0') measured from the lake conlrol clcvalion. 15 feet, or one-half of thc stun of the hcigh~s of adjacent buddings, mcasurcd from e×lcrior wails, whichcvcr is greater. Building height shall bc measured from mimmum flood clcva',ion. 35 feel, or 2 stories, ~vhichcvcr is grcn[cr, above H~c ~ninimum flood clcvafion, except for a{tached screen cnclosurcs, which may bc Ibc heigh! of Ibc prinopa[ stmclurc. 40 fccl, except Iclccm~municalions facilities and s~ructurcs SECTION V COMM ERCIAI.IOFFICE AREA 5. I PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", PUD Master Plan. 5.2 MAXIMUM CONI,MERCIAL/OFFICE SQUARE FEET The 15~ acre Commercial/Office Area (Tract "CO"), shall not be developed with more than 150,000 square feet of commercial/office uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations 5.3 USES PERMITTED No building or smacture, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following A. Principal Uses~: 1) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories~ a 523 - Paint, Glass, and Wallpaper stores; b 525 - Hardware stores; c Major Group 53 - General merchandise stores. 2) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual 3) Any retail businesses engaged in selling automobile pans and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a 553 - Auto and Home Supply stores, not including any installation facilities; b. 554 - Gasoline Stations, not including service facilities; c 7542. Cat,rashes only 4) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 5) Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. V- 1 ~ Reference Executive Office of the Prcsidenl. Office of Ma,rage,riehl and Budget. Standard Industrial Classt~catton Manual. 1987 Edilion. 6) Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in thc Standard Industrial Classification Manual. 7) Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers 593 - Used Merchandise Stores, .596 - Nonstore Retailers. 598 - Fuel Dealers. and not including the retail sale of firev;orks 8; Establishments operating primarily :n the fields of finance, insurance, and real estate as defined under .Major Groups 60. 61.62.63. 64. 65. and 67 in the Standard Industrial Clas~,iticatic,: Manual 9) Establishments operat~n~ pr:marfl', to pro',~de tempora~ lodffm~ such as hotels or motels as defined under Industry Group ?011 in the Standard Industrial Classification .Manua! No more than 150 rooms shall be permitted Es',aL!i~hments ~e:at:n_u F:::::ar:]i. t,, l:ro'.~de personal sen'ices as defined in the Standard lndu~mat ClassiE:at~can Manual for the follov.'ing Industry. Groups a 721 - Laundr2:., Cleanm.u and Garment Services. only including 7211 - Power laundries, famib and commercial, and 7215 - Coin-operated laundries and dD'-cleaning, b 722 - Photographic Portrait Studios; c 723 - Beauty Shops, d 724 - Barber Shops; e 725 - Shoe Repair Shops and Shoeshine Parlors; f 726. Funeral Service and Crematories; e 729 - Miscellaneous Personal Services. only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental. dress suit and tuxedo rental, electrolysis (hair removal), hair weaving er replacement service, and tanning salons. 11) Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7334 - Photocopying and Duplicating Services; 7371 - Computer Programming Services 12) Establishments operating primarily to provide legal services as defined unde~ Major Group 81 in the Standard Industrial Classification Manual. 13) Establishments operating primarily to provide engineering, accounting. research, and management for the following Industry Numbers: a 8711 - Engineering Servsces (no outside equipment storage); b 8712 - Architectural Services (no oumde equipment storage): 8721 - Accounting, Auditing, and Bookkeeping Services; d. 8732 - Commercial Economic, Sociological. and Educational Research, e. 8742 - Management Consulting Services; £ 8743 - Public Relations Services, g. 8748 - Business Consulting Services V-2 5.4 14) Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I) Parking facilities and Signage 2) One caretaker's residence DEVELOPMENT STANDARDS A. MINIMUM I.OT AREA 10,000 square feet B. AVERAGE LOT WIDTll 1O0 :'~t C. MINIMUM YARDS (INTERNAl.) I) Front Yard 20 feet 2) Side Yard None. or a mmmmn: ~,:' 5 :'cot. x~ith unobstructed passage from front to rear yard 3) Rear Yard 15 feet 4) Parcels v.'ith two frontages may reduce one front yard by 10 feet D. MINIMUM YARDS AND BUFFERS fEXTERNAL) i) Rattlesnake Hammock Road (C R 864) 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Rattlesnake Hammock Road Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 44, and Section 7 11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Rattlesnake Hammock Road. 2) County Road 951:50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the C R 951 Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4 4, and Section 7. II ofthis document, and Division 24 of the Collier County Land Development Code, shall be provided along the entire frontage of State Road 951. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards MAXIMUM HEIGHT: 50 feet, except for architectural appurtenances, which shall not exceed 75 feet. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above V-3 12B2e MAXIMUM GROSS LEASABLE FLOOR AREA: 150,000 square feet. OFF-STKEET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. ARCHITECTURAL UNIFORMITY' Commercial/office development in this PUD shall have a common architectural theme for all structures Guidance for the commonality of architecture may be derived from Division 2 8 of the Land Development Code, or may be unique to the PUD. Commercial/office development site design shall conform with the guidelines and standards of Division 2 8 ofthe l.and Development Code CARETAKER'S RESIDENCE. One (I) caretaker's residence shall be permitted for the commercial/office development area, subject to the following 1) Thc residence shall be constructcd as an integral pan of the shopping center or one of the commercial/office buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial/office facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. V-4 SECTION Vi PRESERVE AREA 6.1 6.2 PURPOSE The purpose o[' this Section is to set forlh thc development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to prese~'e and protect vegetation and naturally functioning habitats, such as wetlands, in their natural slate USES PER.MITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required A. Principal Uses 1) Open spaces/Nature presep,'es 2) Water management facilities 3) Signage (see Section 7 10 of this documenB 4) Mitigation areas 5) Small docks, piers or other such facilities constructed for purposes of' lake recreation for residents of the project, subject to appropriate approval by permitting agencies 6) Hiking trails, riding trails and golf cart paths, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies VI-! SECTION VII DEVELOPMENT COgl*i IT,~I ENTS 7.1 7.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to bc platted The developer, his successor and assigns shall be responsible for the commitments outlined in this document The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and arty other conditions or modifications as may be agreed to in the rezoning of the property In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 7.3 PUD I~IASTER DEVELOPblENT PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project The Community Development and Environmental Services Administrator, or his designee, shall be authorized to appro~'e minor changes and refinements to the Naples Forest Country Club PUD ~laster Plan upon written request of the developer I ) The following limitations slsall apply to such requests' The minor change or refinement shall be consistent with the Collier County Groxvth Management Plan and the Naples Forest Country Club PUD document. The minor change or rcti~ement shall not constitute a substantial change pursuant to Subsection 2.7.35.1. of the Collier County Land Development Code. V[l-I 12B2 Thc minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to thc PUD boundaries. 2) The following shall be considered minor changes or refinements, subject Io the limitations of Subsection 7 3 C I) of this document: a Reconfiguration or' I)rescrve Areas. iurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting There may be no overall decrease in Preserve Area. Reconfiguration of lakes, pbnds, canals, or other water management facilities where such ct~angcs are consistent with the criteria of the South Florida Water Management District and Collier County c Reconfiguration of golf course envelopes and design features. d Internal realignment of rights-of-way. e Modification of tl~e County roacl access locations in a manner consistent v.'hh the Collier County Access Nlanagement Plan f. Reconfiguration of residential parcels when there is no proposed encroachment into Prese~'e Areas 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator. or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals 7.4 SCttEDULE OF DEVELOPMENT/.MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2 73 4 of the Land Development Code An annual PUD monitoring report shall be submitted pursuant to Section 2 7 3 6 of the Land Development Code 7.5 TRANSPORTATION The development of this PUD Master Developmem Plan shall be subject to and governed by the following conditions: A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Rattlesnake Hammock Road (C.R. 864) or County Road 951, nor shall such facilities be located v,,ithin the Rattlesnake Hammock Road or County Road 951 Rights-Of-Way. Vll-2 D Substantial competent evidence shall be provided by the developer to the eft'ecl that the project is designed to provide capacity and treatment for historical roadway runoff Residential dwelling units proposed as either single-family detached or single-family zero lot line units shall be con,~idered as 4ngle-family detached dwellings, for purposes uf determining road impact fees. m accordance with Ordinance 92-22, as amended All access p~.)ints shall be consistent wilh tile Collier County Access Management Policy (Resolution 92-422) Under the tw0-iane condition ['or Rattlesnake l lammock Road, any access point may enjoy full access with respect to ingress and e.uress turning movements Both left and right-turn lanes shall be required at all access I~oints Under the future four-lane condition, the developer shall be responsible for providing turn lanes for both eastbound and westbound traffic Ifthc developer has not installed turn lanes under the t~'o-lane condition, then all costs of providing such turn lanes under the four- lane condition shall be the sole responsibility of the developer C.R 951 is presently a four-lane fi~cility All costs of providing either northbound or southbound turn lanes at all access points shall be the developer's sole responsibility This requirement shall extend to any modifications of existing facilities that may become necessitated by the developer's project. The applicant shall contribute a fair share toward the cost of traffic signals at the project entrance, or at any other intersection significantly impacted by the applicant's project, within the Radius of Development Influence of the project on both Rattlesnake Hammock Road and C R 951. if and when deemed warranted by the Count)' Such traffic signals shall be owned, operated and maintained by the Count)' Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for tile use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy Such dedication shall be considered site related, and there shall be no road impact fee credit to the applicant The applicant shall provide a strip of land at least 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road In exchan_ue for providing this additional right-of- way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22. as amended The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to tile applicant by the County of the County's need for the land. whichever occurs earlier Road impact lye credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners. and shall be available to the developer upon change in title ownership of the subject contribution The applicant shall be responsible Ibr tile installation of arterial level lighting at all project entrances prior to issuance o£ the first "permanent'' Certificate of Occupancy. VII-3 All required improvements, excluding rigM-of-v.'ay donations for roadway segments specifically mentioned in the County's Five. Ten Year Work Plan, shall be considered "site related" as delined in Ordinance 92-22, as amended, the Collier County Road Impact [:ce Ordinance. and shall not be eligible for credit toward any road impact fees required hv th,ti f)tdin;tnce Project entrances shall hc ,lc,u.,.n,:,l I,, i>~cclude thc hacking up of entering vehicles onto adjacent pubhc r,~ad'.,.aw If access ~s to be controlled by means of a gatehouse or card-c~mt~t~tlcd gate. I),c ~atc ~r ~alehouse shall be designed, located and operated so not t,~ p~rm~t Yu.h '.,:hiodar backup A minimum throat length for vehicle stackm~ ~,~:; be 7~ ~zet '.\'here expected Peak Hour trat~c volumes are 7.6 WATER MANAGEMi-]N'I The development of this PL'D Master l)c'.elopment Plan shall be subject to and governed by the following conditions Detailed paving, grading and site dr:unagc plans shall be submitted to Engineering Revie``v Services for review and approval No construction permits shall be issued unless and until approval of thc pr~,posed construction, in accordance with the appro``'ed plans is granted by Project Revic~ Services An excavation permit will be required fi)r the proposed lakes in accordance with the Collier County [.and Dcvel(~pmcm ('ode and South Florida Water Management District Rules C D The development project area shall be de>igned to consider regional stormwater flows and include tile passage of off,;ile flows from the north to the south through the western portion of the property in a manner consistent with project development plans Tile Developer shall gram the necessary drainage easements outside the Naples Forest Surface Water Management System. and within western portions of the project to Collier County to provide adequate regional stormwater management flowv, ays and facilities The easement shall be granted after the Naples Forest Count%' Club has recei``'ed permits from the Slate and Federal agencies, and v,'ithin 90 days of receipt of the drainage easement documents from Collier Count)' The easement rights shall be subject to. and consistent with the Developer's development plans, including Developer's wetland mitigation plans The Developer shall be responsible for pro``'iding, in a manner consistent Developer's project development plans, adequate facilities and/or flow``vays necessary to pass through the prowct boundaries, the stormwater ~.vhich currently fiox~s to~,.ards Iht: Naples Forest propcrp, Design of the ~mproxements shall bc close!',' coordinated with tile Countx Stormwater Xlanagement Department to endeavor to maintain uniformity ~,.ith the County's Lei)' Area Stormwater Improvement project, currently under design 1) The offsite flow rate x``ill be calculated by the Developer's engineer, and accepted by the South Florida \Valet Management District (SFWN1D). based on existing permitted projects upslream If Collier County disagrees with the offsite flow estimate, the County shall provide supporting documentation to the Developer's engineer and tile SF\VMD ?.7 2) Such facilities may include, but are not Immed to a Regrading of the Naples Forest western easement area to reestablish historic sheetflow along such portion of the property b Excavation of small ponds itl ttlc llowwav for additional storage area Construction of a control structure to detain a portion of the offsite flows Design of such a control structure shall be by the Developer's engineers. The control structure will be maintained by Collier County. and the Developer shall not have liability fi)r impacts to properties upstream due the County's control of ti:e ~tructure's control elevation Collier County agrees to maintain tile control structure in a manner as described in these stormwater conait~ons 3) Collier Count)' acknowledge,, that the Developer's commitment to construct facilities to control oR'sile runo!~' ma'. bt precluded by the inability to timely obtain the ~ssuance of rleCk?,~,ilr', permit:, Thc Developer's failure lo timely obtain such permits that include tile ott'site stormwater runoff facilities will not be considered a breach of these ,tipulatmns In such an evenl, the Developer agrees to provide the necessary drainage easements {subject to. and cons~slent with Developer's use of the easement areas as described above), at a later date. if Collier County obtains construction permits for the facilities as part of the regional drainage basin improvements In the event a water level control structure in the flowway and/or improvements to lhe capacity of the stormwater conveyance system along Rattlesnake Hammock Road to regulate or improve offsite stormwater flows is required by SFWMD as part of the Naples Forest project permitting, the County shall reimburse Ihe Developer for the cost of such control structure and/or improvements to the stormwater conveyance system along Rattlesnake Hammock Road {less the Developer's proportionate share of such cost} as soon as reasonably possible, and not later than lhe time an area wide funding mechanism is established for stormwater improvements Also, at the time of such reimbursement, the County shall reimburse the Developer for the cost of excavating a flo~,vay (excluding the cost related solely to aesthetics) along the western portion of the property The Developer's proportionate share is calculated based upon the Naples Foresl development discharge divided by the total regiunal dischllrge If any of the regional stormwater improvements cause additional wetland impacls which musl be mitigated in tile Naples Forest permit, tile County will pay tile Developer for the cost of such mitigation A South Florida Water Managcm~'nt [)i~trict Surface Water Managemem Permi! will be required for this project prior to tile start of any consmJction UTILITIES The development of this PUD Master De~ clopment Plan shall be subject to and governed by the follmving conditions A Water distribution and se~xage cci!cotton and transmission facilities to serYe the project are to be designed, cons',rocted, conveyed, owned, and maintained in accordance with Collier Count,. Ordinance No 97-17. as amended, and other applicable County rules and regulations All customers connecting to lhe water distribution and sewage collection facilities will be considered lo b< cu~,tomers ot'the County. and will be billed by the County in accordance with the County's established rates Temporary canstruclion and/ur sale', trailers may use septic tanks or holding tanks for v.'aste disposal, subject to permittin~ under F ts, C 10D-6. and may use potable or irrigation wells Gott' course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks Fur ,.va',te disposal. ~ubject to permiLting under F AC l OD-h, and ma)' use potable or irrigation v. dls The on-site v.'ater di~,trib,.,timl system scr','ing the project must be connected to the Collier County Water-Sewer Disttict's ;satcr main available and adjacent to the project boundaries consistent with thc mare s~ze and the requirements specitied m the project's Utility Nlaster Plan. and extended throughout the project During the design of these Gcilit~es. dead-end mains shall be minimized by looping the internal pipeline network, '.,.'h~re ~ca~i})lu 'l'hu ('ntmty recognizes there are environmental constraints that may prevent Joopin~ The project's developer, his assi_uns, or successors may negotiate an agreement with the Collier County Water. Sewer Di,,trict for the use of treated etlluent within the project for irrigation purposes for the golf course and/or common area The developer shall be responsible for providing all on-site piping and pumping facilities from tile County's point of delivery to the project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required bv tile Florida Department of Environmental Protection ("FDEP") consistent v.'ltil the volume of treated wastewater to be utilized 7.8 ENVIRONMENTAL The development of this PUD .Master De'.'ctopment Plan shall be subject to and governed by the following conditions Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules. a:xl be subject to reviev. ;md approval b5 Current Plimning Enxironmental Rcxiew Staff Remo'.al of exotic ,,eFctation alone shall not be the sole coml~onclll of mitiuafion for impacts to Collier County jurisdlct:enal ~ellands All conservation areas shall be designated as conservation/prese~'ation tracts or easements on all construction plans, and shall be recorded on tile plat with protective covenams per. or similar to. Section 704 06. Florida Statutes Buffers shall be provided around wetlands, where possible, extending at least fifteen (15~ feet landward from the edge of the wetland preset'es in all places, and average twenty-five (25) feet from the landward edge of wetlands Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida En,.ironmental Resource I'ermit P, ules. and be subject to reviex~.' and approval by Current Planning Enx ironmen:;:l Review Staff 'VII-c, The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Sen'ice (USF&WS! and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site. a ttabitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Stat1' for review and approval prior to Final Site Plan/Construction Plan approval 7.9 ACCESSORY STRUCTURES Accessory structures may be constructed ,,imuh;m~:ously with. or following the construction of the principal structure, except fr)r a c~m,:r,~ctmn qite ,}ffice and model center '7.10 SIGNS All signs shall be in accordance with Di,.i:,ion 2 5 of Collier County's [.and Development Code in effect at the time of Site De,.'clopment Plan approval, with the following exceptions A. Project Identification Signs - Two ground, wall. or gate project identification signs may be located at each entrance to the development, and two project identification signs may be located on Rattlesnake Hammock Road (C R 864) and County Road 951, all subject to the following requirements I) Such signs shall contain only tile name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material 2) Project identification signs shall not exceed sixty (60) square feet. excluding mounting surfaces or structures Where signage is affixed or an integral part of a wall or fence, the face of the sign ma.,,' protrude above the upper edge of the ,.,.'all or fence, but remain subiect to height restrictions. 3) No project identification signs shall exceed the height of 10 feet above the finished ground level of the sign site 4) Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences Project Promotion Signs - Two ground or wall signs may be located on tile project's frontage on Rattlesnake Hammock Road (C R 864). and two ground or wall signs may be located on the project's frontage on C R 951 for the purpose of promoting tile development or an.,, major usc x~ithin the development, subject to tile tbllowing requirements I) Any promotional signs shall not exceed I00 square feet. excluding mounting surfaces or structures 2) 3) No promotional sign shall exceed a height of I0 feet above the average finished ground level of the site. Promotional signs may be lighted, provided all lights are shielded in a manner ,.,.'hich prevents direct glare on adjacent roadways, or into adjacent residences. Vll-7 i2B2m Commercial/office signage shall be permitted in addition the aforementioned signage, and shall conform with the provisions of Division 2.5. of the Land Development Code, and where applicable, to the signage provisions of Division 2 8 of the Land Development Code 7.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, bcrms, fences and walls arc generally permitted as a principal use throughout the Naples Forest Country Club I'UD. except in Preserve Areas The following standards shall apply A. Landscape bcrms shall have the maximum side slopes; I) Grassed berms ] 1 2) Ground covered berms 2 I 3) Rip-Rap berms 1 1 4) Structural walled berms may be vertical Fence or wall maximum height 9 feet, as measured from the finished grade of the ground at the base of the fence or wall For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless tile fence or wall is constructed on a perimeter landscape berm In these cases, d:e fence or wall shall not exceed 6 feet in height from the top of berm elevation with an a~erage side slope of greater than 4 I {i e 3 1,2 1, I I, or vertical) Pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas. 7.12 LANDSCAPING FOR OFF-STREET I'ARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2,: of the Collier County Land Development Code in effect at the time of building permit application 7.13 POLLING PLACES Pursuant to Section 2 6 30 of the Land Development Code. provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of tile Circuit Courl of Collier County, which shall be binding t, pon any and all successors in interest that acquire ownership of such common areas including homeowners' associations 7.14 DISCLOSURE The Naples Forest Country Club Master Homeowner's Association Documents shall disclose tile existence of a private airstrip to tile west of the project, and that residents of the development should anticipate to periodically see and hear private air traffic VII-8 NAPLES FOREST COUNTRY CLUB LAND USE TABLE TRACT "R" (RESIDEHTIAL} 110 'AC~, TRACT 'CR" (COMMONS'URECREATION) 219'AC~E$ TRACT "CO" (COMMERCJAL'~OFt~CE~ 16"AC~E$ TRACT "P' (P~$F.,~VE) 1.41 TOTAL PROJECT AREA 48B'ACRE$ EXHIBIT "A" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-14 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of February, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commiss~O~rs. By: Maureen Kenyon Deputy Clerk Collier County, Ficrida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: C:erk of the Board: Please place the following as a: / X/ Normal Legal Advertisement / f'"]/ Other: (Display Adv., location, etc.) Originating Dept/Div: Transportation/Public Works Person: Rick Grigg Date: fSign clearly) Petition No. (If none. give brief description): AV 97-020 Petitioner: (Name & address): Avatar Properties, Inc. P.O. Box 523000, Miami, FL 33152 Name & Address of any person(s) to be notified by Clerk's Office: See L~st of Adjacent Property Owners (If more space neeCed, attach separate sheet) Hearing before: /X/BCC / /BZA / /Other Requested hearing date: February 24, 1998 Based on adveAisemem appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important IXl, 'X/ Naples Dady News or legally required IX/) / / Other Proposed Text: (Include legal description & common locations & size): PETITION ..\V ,)7-020 TO VACATE 6' \VIDE DRAINAGE AND Pl.'IH.I(' I;'FILITY EASIiNIIiNI'S WITIIIN IA)IS i IIlROI.'(;II 4. BI.()('K 207 AND WITilIN IA)TS 4 THROUGH 6. BLOCK 206. ACCORDING TO Tile PI..\T OF GOI.DF.N GATE I'NIT 0. AS RE('ORDED IN PI.AT BOOK 5. PAGES I24 TItROI.'(JI! I)~. PUIH.I(' RE('ORDS ¢)F ('OL[.II:R ('()I'N'I'Y. Fi. ORIDA..-\ND 'i¢) A('CEPT ,\ 0' WIDF. DIL.\INAGE AND P~'BI. IC I'TILITY EASEMENT :\S A Rf.:PI..~,UIi.%IF. NT F. ASE.%IENT TItROI.'Gll 'FIIE PRF. VI¢)I,SIY VACATED CUL-DE-SA(' ..\I' TIlE INTERSE("I ION OF 2.S'l'll ..\VI:NI 'E SW .'~NI) .:')RD I-IiRR.\('E. S',V. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes/X/ No/~/ If yes, what account should be charges for advertising costs 101-163610-649100 Reviewed ~ Date / -/¢' -'~,~ Anoroveo Dy: uaTe Division Head Ed Ilschner Cc~nty ACmmistrator Robe~ F. Fernandez List Attachments: (I) Resolution (2) Legal Description (3) List of Adjacent Property Owners DISTRIBUTION INSTRUCTIONS A. For hearinas before BCC or BZA: Initiating person to compiete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal documents is involved, be sure that any necessary_ leoal review, or request for same. is submitted to County_ Attorney ~efore submitting to County Manager. The Manager's Office will distribute copies: B. IX/ County Manager agenda file; IX/ Requesting Division: IX/ Orlginal to Clerk's Office Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Recewed Date of P.H, this cover) 12C--? i!i111111111111111111111111111111111111111111111111111111.111111 Ii111111111111111111111111111111111111111111i111111111111111111 S91 - 17:41 00'01'56 926~4864 OK TOTRt ~P&~ ~I FA~ PHONE' NO: ELLIE I~FFHA~ -~S & I~CORDS C.oll~er county C.oUrtho~sa (813) 77~4-8406 · ! Dat:e aah't:: , III IIIIII I II II II II III III IIIIII I II IIII I II I January 21, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-020 Dear Judi: Please advertise the above referenced notice two times, one time on Sunday, February, 8, 1998 and one time on Sunday, February, 15, 1998 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Jody S. Kuehne, Deputy Clerk Encl. Acct. No. 101-163610-649100 January 21, 1998 Avatar Properties, Inc. P. O. Box 523000 Miami, Florida 33152 RE: Notice of Public Hearing to consider Petition AV-97-020 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. CC: Terry Cole, P.E. Hole-Montes & Associates, Inc. 715 10th Street South Naples, Florida 34102 January 21, 1998 Re: Notice of Public Hearing re Petition AV-97-020 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Jody S. Kuehne, Deputy Clerk Encl. ,~ OF PAGES (including this cover) 12C-11t liilliilllllllilllllllilllllilliillllilililiiilililllllillillll TO: MS..]'[mITFI I~.ANAC. AN LOCATION: NAPLES DALLY NEWS FAX NO.: 263-4864 .//>,__ --m?~ ':~'->-~:-:~-;-~- >/.::._:~_ .o.~ :' liililllllilillllililliiliililliillllIIlIll'illlliliilililllllii '.3 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courtho:se FAX NO: (813) 774-8408 PHONE 'NO: (813) 774-8406 68'7 I 01-291 11:48 ~°0~'27 688 I 01-291 14:Z:'9 0~°01'54 I 9417745261 941 774 2~Y71 92634864 ~8800~A12 068~~14 laC-l January 29, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Corrected Notice of Public Hearing to Consider Petition AV-97-020 Dear Judi: Please disregard and "kill" the January 21, 1998 correspondence from Jody Kuehne, with regard to the petition as indicated above. Kindly advertise the above referenced notice two times: one time on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. Please forward the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800835 :12C-lq PUBLIC NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on February 24, 1998 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The i meeting will begin at 9:00 A.M. The Board will consider Petition AV-97-020, Gary Butler, of Butler Engineering, as agent for Avatar Properties, Inc., requesting to vacate 6' wide drainage and public utility easements within Lots 1 through 4, Block 207 and within Lots 4 through 6, Block 206, according to the Plat of Golden Gate Unit 6, as recorded in Plat Book 5, Pages 124 through 134, Public Records of Collier County, Florida, and to accept a 6' wide drainage and public utility easement as a replacement easement through the previously vacated cul-de-sac at the intersection of 28th Avenue S.W. and 53rd Terrace S.W. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) 12C- January 29, 1998 Mr. Gary Butler Butler Engineering 2223 Trade Center Way Naples, FL 34109 Re: Public Hearing to Consider Petition AV-97-020 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 120-1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider ~ Petition AV-97-020,-Terry Cole, P.E., of Hole,'Montes & Associates~-. Inc_, as agent for Avatar Properties, Inc., requesting to vacate 6' wide drainage and public utility easements within Lots 1 through 4, Block 207 and within Lots 4 through 6, Block 206, according to the Plat of Golden Gate unit 6, as recorded in Plat Book 5, pages 124 through. 134, public records of Collier County, Florida, and to accept a 6' wide drainage and public utility easement as a replacement easement through the previously vacated cul-de-sac at the intersection of 28th Avenue S.W. and 53rd Terrace S.W. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) 12C-1 January 21, 1998 Terry Cole, P.E~~ Hole-Montes.~~ Associates, Inc. 715 10~h"~treet South ~ ....NauI~s, FL 34102 RE: Notice of Public Hearing to consider Petition AV-97-020 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. CC: Avatar Properties, Inc. P.O. Box 523000 Miami, Florida 33152 Itl,:,%Ol.t?l'l()N N(). *;S. 12C-1 I~,I'..'¢,()I.I'II()N I:¢jR I'I{IIII{~N ,,%V ';7-o2~1 I~, \'\('.\11'. t,' xVII)I~ I}I~;%INA(;i{ ANI} I'I;I~I.IL' I~'lll.l'l¥ I..%%1.~11~,1S ~IIIIIN I.()IS I I I I1{~)1'(;11 ~. lll.{)('K 2~}7 ANI) WIIIIIH .,\L/f/f ri{DIN(; 'I()TIlE ['I.A'I' ()F (;(H.I)ILN IN I'IAI IIi)ilK fi. I),X(;I.S 12.1 t'{ H.I.I[..R {'(H'N'I'Y. I-I.(}RII}/X. AND I{} .X('('l.l'l .X ~,' XVII}[{ DRcXlNA(;I{ ..XNI) i'l'lJl.l{' I"lll.ITY I../XSI~NI[{NT ,XS ,X RI I'l .X{'l Sll..N'l' I{.XNI~NII{Ni' lllR{)l;(jit 'It[E PRI:V[(}I;SI.Y V:XL',k'll:[) {'l I.-I)I..-%A(; Al' TIlf~ IN ['[:RSI~I'iI{)N {)F 2R lll AVE. SW :XNI} %%lIICI,IE,XN, pursuarlt h, sc<tl,,i 177. lOI. l'l,,i~d.~ '.t.;tmc .. lu'ir:, ('ole . I'.l~. , or Ih,lc-Nl,~nlcs & Associates. Inc..as agent lor thc pct~tt,,nc;.., d,,cs hereby request the x;tc.tltOll o1' (~' X~iOC drairta~c and public utilitx e:t:,ClllClll.. ~,,[thm h,p; ] Through 4. bh)ck 207 dlld X~lthlll h,tn 4 throu~]l (~. bh~ck 200. ;lcct,rdilXg h, thc ifi.,I ,,I "( ;,,Iden (Jute Ullit O", as rcc,,rdcd in plat hook 5. pages 124 Ihrt~ugh I)4. pHbJic rc<,,i,l. ,,I (',,l[icr ('oUllly. Florida. and u, d<ucpt a ~' ~s~dc drainage and public utility cancmcnt ;~s .~ iv;,i,l~'eHIclll cusenlcnl through the prc',~,,usl) vacated cul-de-sac al tile inlcrscclhm ~,l'2R Ill .k','t SXX' ,md 3~ RD 'I'I~R. SXV. X~'ilI':III':A.%. thc I~,,,.',rd has this d:,s held n p~,l',l~ l:c,ntn: h, c,,n~ider v;iC;lling said t~.I~.CillClllS ;IS IIIor¢ J'tlJJy d~:scribcd bclo~, alld II~JlCt~ oJ :,.lid j'~.'.'ll~. Jl,:,lFlll~ Jo %;ICale ~',a.'; ~J'cRII an r~.'qtHru'd by I;J~; and ~,~ IIEREAS. the grantin~ of tile v:,cntion x~iil n,,l .~.i'.,:t..cl': .:IIL'uI the (*~,,nership or rt_~]ll o1' t:oflx eilJelll aect'.";s oJ' oilier property, )~,', tiers. IH( II I.'I'RIIIt:R RILS(H.\'I{I) IIY I ltl..I1(~.~.V,I~(,I ~ (,~ ',IY I H. I't H.I.II!R ('1)1 'N'I'Y. Fl.( ~I~II)..X, lhul thc {~' ~idc ,h.~m.;.:c ,m,i public utility easement. more pnrticul,~rl.% described in l'.'xhibit "II" nll:~ch~:d h..'~c:,, .n~,l Incorporalu, d herein, is hcrcb) :lcccpb.'0 ;.is tile rcplac~:m,.'nt .~a.";t.'lll~llt I,,r thc' d~,n~:.:.z,: .Ht,t i'~ut~llc utility t.';.IS¢lllelllS \ac;ired hereto. lll.~ IT I:I_;[~,TIII_;R RE.%()I.\'ILI). that the (.'lu'rk i~ I,clc!,.', dHc~:i~.'d to record ti certified copy oF this Resolution in the Public Records t,l' ('oilier {',,urn,.. I h,fid.l. ;nld to make proper ilotalion~ o1' Ibis ~acL~tJ~ll o~1 [}lC recorded pi:ti ~I' "( ,,,L~c: ~ ,.ti;' I :HI Six" as relL'rellced 1):\'I El): :\ I I 1!."; l: l)\Vl¢ ;11 I' I-~. BI,T( )('K. ('lcrk (.'( II.l.ll!R ('( ~i ~..: 'F. I ~ *I~1[)..\ J:J%: ~ASLARA B. ( 'h,iirnlan 12C-1 : Rpl PO Fm UT UL 8r,~lLq FC[~12] OC[NR] ID[36317968881][88888888888][ ] STRAP 869888 285 14B28 ORB/P[ 1112]/[1617] SALE DATE [ 8][1284] 8 RHT [ 8] ACRES [ 3.721 UEXICE TRS-> [49 ][ 26 ][ 28 ] LEGAL-1 GOLOEN GATE UNIT 6 BLK 285 -2 LOTS 1-22 OR 1112 PG 1617 F0LIO [36317968881] OYNER> NEUINS, JOHN d' PO BOX 2886 -3 -4 CURRENT-EX-AXT 81 XILL-CODE 81 [ 281 8[ 8] [ 8] XILL-RATE [ 8] ~[ ,8888]~ ! 8 ] ~DO-XOT-USE~ 61 1189294 ] LOCATION IGC 28TH , HXSTD-X 166~-X CIU-X UET-X BLD-X YID-X AG-X YH-X -1997 TAX ROLL- FL 34284 2666 CERT-96-UAL [ 71] LNO 8[ 44648) [ L-USE IXP 8[ 1185719] [ HKT 8[ 1158359] [ ASD~AGADJ 8[ 1158359] [ TAXABLE 81 8] [ CNTY 81 .68] HSTU 81 S-SL 81 ,88] UXB 8[ S-LB 8[ ,661 lSD 81 CITY 8[ ,68] UADP 8[ AREA GC PRELIH-97- 44648] 1144654] 1189294] 1189294] 81 .88] .881 .881 .881 ,(1997 TAXES) TOTAL $1 .96] -CERTIFIED- AVE SB 53251 RE5477 10/09/1997 11:12 AM FOLIO ~ STRAP 869888 286 : ORB/P[ 1598]/[ 268 ,~ SALE DATE [ 1II8291 J $ AXT I 388888 :i ACRES I 1 861 ~ TRS->I491[2611281 i LEGAL-% -4 'HXSTD-X ': 188~-X CIU-X UET-X BLD-X NID-X AG-X NH-X 136318888889I ONNER> RICXETTS, GARFIELD H 14B28 1851 5TH AVE N NAPLES -1997 TflX ROLL- GOLDEN GATE UNIT 6 BLK 286 LOTS 1-3 CURRENT-EX-AXT 91 81 gl 81 $I 81 91 81 ~[ HILL-CODE ( 28] 91 HILL-RATE 81 *DO-NOT-USE, 81 81 FL 34182 5818 AREA! GC CERT-96-UAL PRELIX-97- [ 831LND gl 567771 [ 49895] L-USE IHP gl 2359721 [ 244311] XXT 9[ 2927491 l. 294286] ASD~AGADJ ~[ 292749] [ 294286] TAXABLE 9[ 292749] [ 294286] CNTY 91 1896,361 HSTU 91 586,89] S-SL 91 1716,48] NHB gl 165,34] S-LB gl 761,991 lSD gl 347,781 CITY 9[ ,88] UADP 9[ 15,74] 10/0911997 11:12 AM LOCATION IGC 28TH (1997 TAXES) TOTAL gl -CERTIFIED- AVE SY 5388] 4689.78] RES477 12C-1.,1 Rpl Pg Fm UT UL FC[~2] OC[NR] ID[36318888883][88888888888][ F0LIO STRAP 869888 286 ORB/PI 1397]/[2231] SALE DATE [ 38 ] [ 1188 8 AliT [ 81 ACRES I ,68 TRS-> [ 49 il 26 ][ 28 LEGAL-1 -2 -3 -4 HXSTD-X 188X-X CIU-X UET-X BLD-X HID-X AG-X HH-X [36318888883] OHNER> AUATAR PROPERTIES, INC, 54B28 255 ALHAXBRA CIR CORAL GABLES GOLDEN GATE UNIT 6 BLK 286 LOT 5 8 CURRENT-EX-AXT 8I 8] 8I 8] 8[ 8] 8[ 8] 10/09/1997 11:13 AM HILL-CODE [ 28] ~1 HILL-RATE 8] *[48,6939], 8 ] -X-DO-NOT-USE-x- 81 8] -1997 TAX ROLL- FL 33134 7418 CERT-96-UAL [ 181 LND 8[ 18414] [ L-USE IHP ~[ 81 [ HKT ~! 18414] [ ASD+AGADJ 8[ 184141 ! TAXABLE 8[ 184141 i AREA! GC PRELZH-97- 56258] 8] 56258] 56258] 56258] CNTY S-SL S-LB CITY 289.61] XSTU 8[ 328.16] WXB SI 145.69] ISD 8[ .88] UADP 8[ 112,87] 31.62l 66.491 3.81] (1997 TAXES) TOTAL 81 -CERTIFIED- LOCATION IGC GOLDEN GATE PKY 5211] 896.651 RES47? 120-1 :: Rpl PO F. UT UL 8~ , FC[[~2] OC[NR] iD[36318128882][(18888888888][ ] FOLIO STRAP 869888 286 i ORB/PI 1397]/[2231] SALE DATE [38][1188] 8 AMT [ 8] ACRES [ .72 ] TRS->[49 ][ 26 ] [ 28 ] LEGAL-1 -2 -3 -4 [36318128882] OWNER> AUATAR PROPERTIES, INC, 64828 255 ALHAMBRA CIA CORAL GABLES GOLDEN GATE UNIT 6 BLK 286 LOT 6 -1997 TAX ROLL- CURRENT-EX-AHT ,, HMSTD-X8 [81 188%-X 8 [81 ,, CIU-X 8 [ 81 '~ UET-X 8 [ 8] .i BLD-X 8 [ ~ID-X 8 [ AG-X ~X-X HILL-CODE [ 28] MILL-RATE 81 *148,69481. 81 ,DO-NOT-USE, 81 81 10/09/1997 11:25 AM FL 33134 7418 AREAi GC CERT-gG-UAL PRELIH-97- [ 18] LND 8l 191811i 585941 L-USE IHP8[ 8] [ 8] MKT8[ 19181 ] [ 58594 ] ASO+AGADJ ~[ 19181] I 58594] TAXABLE ~;[ 19181] ! 585941 CNTY8l 218.35]MSTU8[ 116.73l S-SL~! 341.84lUMB 8l 32.93l S-LB8l 151,76llSD 8[ 69,261 CiTY8l .88] UADP8[ 3.13] (1997 TAXES) TOTAL 8[ 934.88] -CERTIFIED- LOCATION IGC GOLDEN GATE PKY 5225] RES477 "" ~ ~-~..~,.~i 12C-, 1 i l · Rpl Pa Fm UT UL 8~ FCIC2] OC[TR! IDl36318168884ll88888888888][ ' ! ~ FOLIO !STRAP 869888 287 ORB/P[ 1397]/[2231i ', SALE DATE [38 ][ 1188 ; 8 AHT [ 81 ACRES [ .39 ~ TRS->149112611281 LEGAL-1 -2 -2 -4 [36318168884] OgNER> AVATAR PROPERTIES, INC. 14B28 255 ALXAHBRA CORAL GABLES G0LDEN GATE UNIT 6 BLK 267 LOT I t -1997 TAX ROLL- CURRENT-EX-ANT HHSTD-X 8 [ 1882-X 8 [ ClU-X UET-X BLD-X YlD-X AG-X 8 [ WH-X 8 I 81 HILL-CODE 81 [ 281 8[ 81 8 [ 81 HILL-RATE 8 [ 81 ~114.88731. 8 I 81 ~DO-NOT-USE~ 81 81 FL 33134 7416 CERT-96-UAL [ 661LND 8[ 28638] [ L-USE INP 81 91 [ HRT 8[ 28638] [ ASD+AGADJ 8[ 28638] ! TAXABLE 81 2863811 CNTY S-SL S-LB CITY LOCATION IGC 28TH AREA~ GC PRELIN-97- 181291 81 181291 181291 18129l 67.561XSTU 185.761 NHB 46.95] lSD .88] UADP 36.111 18.19] 21.43] (1997 TAXES) TOTAL 8[ 288.97] -CERTIFIED- AVE SY 53211 RES477 10/09/1997 11:16 AM 12C-1 ; Rpl Po F,~ UT UL FcIL~2] OC[NR] IDl36318288883]188888888888][ "FOLIO "STRAP 869888 287 ~ ORB/PI 1397]/I2231] ,': SALE BATE i 38 ] 11188 ] : g ANT [ 81 ACRES [ .42 ] TRS->[491[ 26 ]128 ] LEGAL-1 -2 -3 -4 HHSTD-X 188X-X CIV-X UET-X BLD-X YlD-X AG-X YH-X [36318288883] OYNER> AUATAR PROPERTIES, INC. 24B28 255 ALHANBRA CORAL GABLES GOLDEN GATE UNIT 6 BLK 287 LOT 2 CURRENT-EX-ANT 81 8] 8[ 8] g[ 81 gl 8] HILL-CODE [ 28] g[ gl HILL-RATE 81 ~[14.8889]~ 81 ~DO-NOT-USE~ 81 8] 10/09/1997 11:16 AM ' ] -1997 TAX ROLL- FL 33134 7418 ARE~ GC CERT-96-UAL PRELIN-9?- [ 88] LND gl 28337] [ 17872] L-USE IXP3[ 8] [ 8] NKT g[ 28337l [ 17872l ASD+AGADJ gl 28337] [ 17872] TAXABLE gl 283371 [ 17872] CNTY gl 66.681 XSTU 81 35,611 S-SL gl 184,27] YXB gl 18.85] S-LB 8[ 46.291 lSD gl 21.12] CITY 8[ .88] UADP gl .96] (1997 TAXES) TOTAL gl 284.98] -CERTIFIED- LOCATION IGC GOLDEN GATE PKY 5231] RES477 ,,. ................. :Z~;~'i.::. 12C-1 i FOLIO 'STRAP 869888 287 ORB/P! 13971/12231i / SALE DATE [38][1188] ' ~ AMT I 81 ACRES ! .39] ' TRS->I49]I2G]I28] ;LEGAL-1 -2 -3 -4 HXSTD-X 1882-X CIU-X UET-X BLD-X ~ID-X AG-X UH-X 13G318248885i OYNER> AUATAR PROPERTIES, INC. 34B28 255 ALHAMBRA CIA CORAL GABLES -1997 TAX ROLL- GOLDEN GATE UNIT £ BLX 287 LOT 3 CURRENT-EX-AMT g ! 81 g[ 8] g[ 81 g[ 8] MILL-CODE [ 281 MILL-RATE BI .114.88681, 8 ! ~DO-NOT-USE, 81 81 FL 33134 7418 CERT-%-UAL i 88] LND gl 19417] L-USE iMP 8[ 8] MKT 8[ 19417] ASD+AGADJ 8I 19417] TAXABLE gl 194171 AREA'~ GC PRELIX-9?- 178&3] 81 17863] 178631 178631 CNTY 81 G3.58] MSTU 8I S-SL gl 99.55] UXB S-LB 8I 44.191 lSD CITY gl .881UADP 33.98] 9,591 28.17] .911 (1997 TAXES) TOTAL gl 271.97] -CERTIFIED- LOCATION IGC GOLDEN GATE PKY 52371 RES477 " 10/09/1997 11:17 AM 12C-1 i Rpl Po Fn UT UL 81",I"A~,~ FC[~12] OCINR] ID[36318286697][66666666666][ ! F0LIO STRAP 669866 267 ORB/P[ 1397l/[2231] SALE DATE [36][1188l 8 AHT [ 6I ACRES I .68 ] TRS-> [49 ] [ 26 ] [ 28 ] LEGAL-1 -2 -3 -4 HMSTD-X 166~.-X CTU-X UET-X BLD-X UID-X AG-X UH-X [363Z8286667] OUNER> AUATAR PROPERTIES, INC. 44B28 255 ALHAMBRA CIA CORAL GABLES -1997 TAX ROLL- GOLDEN GATE UNIT 6 BLK 287 LOT 4 CURRENT-EX-AHT 8[ 61 8[ 81 8[ 81 8l 81 HILL-CODE [ 26] HILL-RATE 81 *[48.69391. 81 ,DO-NOT-USE, 61 81 FL 33134 7416 CERT-96-UAL I 18] LND 8l 184141 ! L-USE IHP8[ 8] [ MKT8[ 18414] [ ASO+AGADJ G! 18414] [ TAXABLE 8[ 18414] [ CNTY 8[ S-SL 8l S-LB 8[ CITY 8l 10/09/1997 11:17 AM 269.61] HSTU 8[ 328.16] UXB 8[ 145.69] lSD 8[ .86] UADP 8[ (1997 TAXES) TOTAL -CERTIFIED- TER SY LOCATION IGC 53RD AREA GC PRELIH-97- 56256] 81 56256] 56259] 56256] 112.67] 31.62] 66.49] 3.61] 896.65] 2747 ] RE5477 Rpl P,,:3 F,,., UT UL 8 FC[~{2] OC[TRI ID(3637388BBB2][8888868BBBB][ ] FOLIO STRAP 869988 26? ORB/PI 1269]/( 698 SALE DATE [ 9][1192 g AMT [ 8] ACRES [ .23 TRS->[49 ] [ 26 ] [ 28 LEGAL-1 -2 -3 -4 . HMSTD-X 1802-X CIU-X UET-X BLD-X UID-X AG-X ~H-X [36373888682] OUNER> MUIR, ROBERT D=& ELIZABETH T 54828 2797 53RD TER SU NAPLES -1997 TAX ROLL- GOLDEN GATE UNIT 6 PART I BLK 287 LOT 5 CURRENT-EX-AMT ~[ ~[ 25888] MILL-CODE 81 [ 28] g [ 8] g [ 81 MILL-RATE g [ 81 *[16.3957i* g [ 8] *DO-NOT-USE~ 8] 8] FL 34116 7655 AREA'GC CERT-?6-UAL PRELIM-97- [ 81] LND gl 12276] [ 11532] L-USE IXP Si 448951 [ 45736] MKT Si 56371] [ 57268] ASD+AGADJ ~[ 56371] [ 57268] TAXABLE 8[ 31371] [ 32268] CNTY gl 128.251 XSTU g[ 64.27] S-SL g[ 188,25] UMB SI 18.13] S-LB 8[ 83.57] lSD 3[ 38.15] CITY 8[ .88] UADP Si 1.73] 10/09/1997 11:13 AM LOCATION IGC 53RD (1997 TAXES) TOTAL 3[ 514.35] -CERTIFIED- TER SU 2797] RE5477 -, -?20- II FOLIO STRAP 069988 287 ORB/PI 22441/II181 SALE DATE [29][1896 g ANT I 8] ACRES I .23 TRS->I491[ 261 i 28 LEGAL-! -2 -3 -4 HNSTD-X 1882-X CIU-X UET-X BLD-X NID-X AG-X NH-X [3637392888110NNER> TRUPIANO, UITO 64828 HARIA TRUPIANO 18213 YORKSHIRE DR RIUERUIEU GOLDEN GATE UNIT 6 PART ! BLK 287 LOT 6 CURRENT-EX-ANT g [ 81 HILL-CODE g [ 81 [ 28] g [ BI g ! 8] HILL-RATE g [ 81 ~[26.1238]~ ~ [ 8] ~DO-NOT-USE~ ~ [ 81 ~ ! 81 LOCATION IGC 53RD -1997 TAX ROLL- HI 48]92 8167 AREA GC CERT-96-UAL PRELIN~9?- I 811 LND $[ 12276] [ 11532] I.-USE IHP g[ 53?48] [ 556841 NKT ~[ 66616] [ 67216) ASD+AGADJ ~[ 668161 [ 67216] TAXABLE ~I 41816] [ 67216] 258.48] HSTU gl 392.141 gXB gl 174,891 lSD ~[ ,88] UADP gl (1997 TAXES) TOTAL gl -CERTIFIED- TEA SU 27851 CNTY S-SL S-LB CITY 133.91] 37.781 79.461 3.68] 1871.46] RES4?? 10/09/1997 11:14 AM 12g-- 1 ! Rpl Po Fn UT UL 8['~ FCIC2] OC[NR] ID[36373968883][88888888888][ FOLIO STRAP 869988 287 74B28 2771 53RD TEA SU ORB/PI 1359]/[1975] SALE DATE [22l[8688l 8 ANT [ 65768] ACRES [ .23] NAPLES TR5->[49l[26l[28] GOLDEN GATE UNIT 6 PART 1 BLX 28? LOT 7 [36373966663] OUNER> UOODARD, GREG0RY L=& PAMELA K FL -1997 TAX ROLL- 34116 7655 ,' CERT-gG-UAL . LEGAL-1 [ 81] LND8[ 18788] [ -2 L-USE IMP8[ 57592] [ -3 MKT8[ 68388] [ -4 ASD+AGADJ 8I 68388] [ CURRENT-EX-AMT TAXABLE 8[ 43388] [ XXSTD-X 8 [ 258881 MILL-CODE CXTY 8[ S-SL 8[ S-LB 8[ CITY 8[ 169.38] HSTU 8[ 265.84] UXB 8[ 117.67] lSD 8[ .88] UADP 8[ 81 1862-X 8 [ 61 [ 281 CIU-X 8 [ 6 ] UET-X 8 [ 8] MILL-RATE BLD-X 8 [ 8 ] '~116. 6939 UID-X 8 [ 8] ~DO-NOT-USE, AG-X 8 ] gH-X 8 ] LOCATION IGC 53RD 10/0911997 11 '14 AM AREA GC PRELIM-97- 18788] 59735] 78523] 78431] 45431] 99.51] 25,53] 53.76] 2.43] (1997 TAXES) TOTAL -CERTIFIED- TEA SU 2771l 724.18] RES4?7 FCIC2] OCITR] ID[36382328863]IB8888888888][ FOLIO [36382328883] OWNER> MEARSHEIHER, CHARLES J LAURIE L HEARSHEIHER 2784 54TH ST SD STRAP 869988 217 264B28 ORR/P[ 1688]/[ 452] SALE DATE [22][8391] g AHT [ 145661 ACRES [ .23] TRS->[49 ] [ 26 ] [ 28 ] LEGAL-1 -2 -3 -4 HHSTD-X 188~-X CIU-X UET-X BLD-X UID-X flG-X UH-X NAPLES GOLDEN GATE UNIT 6 PART 1 BLK 217 LOT 26 OR 1681 PG 452 ] -1997 TflX ROLL- CURRENT-EX-AHT 25888] MILL-CODE 81 [ 28] 8] 8] MILL-RATE 8] ~[16.4331]~ 81 ~DO-NOT-USE~ 81 BI LOCATION IGC 54TH FL 34116 7522 AREA GC CERT-96-UAL PRELIH-9?- [ 81] LND g[ 12276] [ 11532] L-USE IHP gl 54651] [ 56692] HAT gl 66927] I 68224] ASD+AGADJ gl 66927] [ 68224] TAXABLE gl 41927] [ 432241 CNTY gl 161.87] HSTU gl 86,18] S-SL g[ 252.17] YHB gl 24.38] S-LB 9[ 111.95] ISO gl 51.89] CITY 9[ .88] UADP gl 2.31] (1997 TAXES) TOTAL gl 688.99] -CERTIFIED- ST SY 2784] RES477 10/09/1997 11:19 AM ~ i II II IIII I IIII III I II I I II IIIIIII -- I 12C- Rpl Po Fa UT UL 8~ ~ FC[~2I OCITRI ID136318766666)[666666966661[ FOLIO [363187666661 O~NER> flU~TflR PROPERTI[S~ INC. STRAP 669866 217 284B28 255 flLHflHBRA CIA ORB/P[ 13971/[22311 SALE DATE [ 38 ] [ 1188 ] 8 Al'IT [ 8 ] ACRES [ .68 ] TRS->[49 i[ 261128 ] LEGAL-1 -2 -3 -4 CORAL GABLES GOLDEN GATE UNIT 6 BLK 217 LOT 28 ~ ] -1997 TAX ROLL- HXSTD-X CIU-X UET-X BLD-X AG-X 8 [ IJH-X 8 [ 0/09/1997' 11:18 AM CURRENT-EX-AXT 91 81 9[ 61 9[ 61 9[ 6] MILL-CODE [ 26] 9[ MILL-RATE 61 ~([48.6939 P( 61 xDO-NOT-USEX 61 61 CNTY 9[ 289.611 XSTU 8[ 112,87) S-SL 9[ 328.16] ~MB 8[ 31.62] S-LB 9[ 145.69] lSD 8[ 66,49] CITY 9[ .68] UADP 8[ 3.61] LOCATION IGC 54TH (1997 TAXES) T0TAL 8[ 896.65] -CERTIFIED- ST SY 2866] RES477 FL 33134 7416 AREA GC CERT-96-UAL PRELIH-97- [ 161 LND 8[ 18414] [ 562561 L-USE IXP 9[ 8] [ 81 MKT 8[ 18414 ][ 56259) ASO+AGADJ 91 18414] [ 56256] TAXABLE 91 184141 [ 56256] Rpl Pg Fm UT UL 8F'.',T'~ ~ FCIC2] OCINR] ID[36318888885][88888888888][ , ] FOLIO STRAP 869888 217 294B28 'ORB/P[ 1397]/[2231] SALE DATE [38][1188) 8 AHT [ 81 ACRES [ .53] TRS->[49][26][28] .~ LEGAL-1 GOLDEN GATE UNIT 6 BLK 217 -2 LOT 29 -3 [36318888885] OWNER> AUATAR PROPERTIES, INC. 255 flLHAHBRfl CIR CURRENT-EX-AHT HHSTD-X 8 [ 8 ] 188~,-X ~ [ 8 ] .~ CIU-X ~ [ 8] UET-X ~ [ 8 ] ~ BLD-X ~ ! AG-X 8 [ IJH-X ~ [ CORAL GABLES -1997 TAX ROLL- HILL-CODE [ 28] HILL-RATE 8] ~[14.8889]~ 8] ~DO-NOT-USEN 8] 8] FL 33134 7418 CERT-96-UAL [ 88] LND 8[ 22111] [ L-USE IHP 8[ 8] [ HXT 8[ 22111] [ ASD+AGADJ 8[ 22111] [ TAXABLE 8[ 22111I [ CNTY 8[ 72,41] HSTU 8[ S-SL ~[ 113,36] UXB 8[ S-LB 8[ 58.33] lSD 8[ CITY 8[ ,88] UADP 8[ LOCATION [GC 54TH AREA GC PRELIM-97- 19431l 8] 19431] 19431] 19431] 38.72] 18.92] 22.97] 1.84] (1997 TAXES) TOTAL 8[ 369.75] -CERTIFIED- ST SY 28181 RES477 , . . .... G~,~ ~'~g.-'r~:,Z~. ~.~,~ [ 10/09/1997 11:18 AM ~ Rpl PQ Fm UT UL 81'ff'~ , FC[~2] OC[NR] ID[36382366965][99999996669][ '! ] !FOLIO STRAP 669966 217 :i ORB/P[ 11961/[ 8591 :i SALE DATE[ 6][6486] 8 AHT [ 6] : ACRES [ ,23 ] TRS-> [49 ][ 26 ] [ 28 ] LEGAL-1 -2 -3 -4 HMSTD-X 199~.-X CIU-X VET-X BLD-X UID-X AG-X NH-X [36382366665] ONNER> REES, RUTH E 274B28 513 LAKESIDE CIR SUNRISE GOLDEN GATE UNIT 6 PART 1 BLK 217 LOT 27 OR 664 PG 129 AND OR 1198 PG 858-859 CURRENT-EX-ANT 8 [ 61 HILL-CODE 8 [ 61 [ 26] 8 [ 61 8 [ 61 HILL-RATE 8 [ 6] ,[14,9756]* 8 [ 6] ,DO-NOT-USE, 8 [ 6] 8 [ 61 LOCATION IGC 54TH 1010911997 1:1'19 AM -1997 TAX ROLL- FL 33326 2136 CERT-96-UAL [ 66] LND 8[ 12276] [ L-USE IHP3[ 61 [ HKT81 12276] [ ASD+AGADJ 8[ 12276] [ TAXABLE 8[ 12276] [ CNTY 3[ 42.97] HSTU 8[ S-SL 8[ 67.28] NMB 8[ S-LB 3[ 29,87] ISD 8[ CXTY 8[ ,68] UADP 8[ (1997 TAXES) TOTAL -CERTIFIED- ST AREA GC PRELIH-97- 11532] 8] 11532l 11532] 11532l 22.98] 6,49] 13.63] .62] 183.84] 2796] RES477 PROPOSED VACATION OF THE FOLLOWING DESCRIBED 6 FOOT, DRAINAGE AND UTILITY EASEMENTS. 12C 1 LDTS [ TNRDUGN 4, BLDCK 207J GDLDEN GATE UNIT 6, AS RECDRDED IN PLAT BDDK 5, PAGES [24 THRDUGH 134 DF THE PUBLIC RECDRDS DF CDLLIER CDUNTY, FLDRIDA AND BEING HDRE PARTICULARLY ~ESCRIBED AS FOLLD~S' COMMENCING ct the common property corner of Lots 4. ond 5, Block 207, Golden Cote Unit 6, PIct Book 5, Poges 124 through 134 of the Public Records of Collier County, FloHdo; thence run $ 38'54'39' E o distonce of 36.00 feet to the POINT OF BEGINNING; thence continue S 38'54'.39" E o distonce of 99.00 feet; thence olong o curve to the Left with o rod;us of 50.00 feet, o delto of 180'00°00', ond o chord beorin~l N 51'05'21' E 100.00 feet, o distonce of 157.08 feet; thence run N 38'54'39' W o distonce of 80.00 feet; thence olong o curve to the ,R. lg,ht with o rodius of 25.00 feet, o delto of 90'00'00', cnd o chord beorin~l .N, 06'05 21 E 35.36 feet, o distonce of .39.27 feet; thence run S .38'54 .39 E o dist(3nce of 6.00 feet; thence olong o curve to the Left with o rodius of 19.00 feet, o delto of 90'00'00', ond o chord booting S 06'05'21' W 26.87 feet, o distonce of 29.85 feet; thence run S .38'54'.39' E o distonce of 80.00 feet; thence olong o curve to the ~ig,ht With o rodlus of 56.00 feet, o delto of 12'42'18', ond o chord beorin~ S,.32'33 30 E 12.`39 feet, o distonce of 12.42 feet; thence run N 69'56 41 E o distonce of 120.86 feet; thence run S 38'54'39' E o distonce of 12.68 feet; thence run S 69'56'41' W o dlstonce of 124.95 feet; thence olong o curve to the ,R. ig,ht with o rodius of 56.00 feet. o delto of 73'38'32', end o chord beorinc~ S, 22'5459 W 67.12 feet, o distonce of 71.98 feet; thence run S 24'06 42 E o distonce of 107.19 feet; thence run S 51'05'21' W o distonce of 12.41 feet; thence run N 24'06'42' W o distonce of 110.36 feet; thence olong o curve to the ,R. ig,ht with o rodius of 56.00 feet, o delto of 69'0`3'01'0 ond o chord beorin9 .N, 73'26 09 W 623.48 feet, o distonce of 67.49 feet; thence run N .38'54.39 W o distonce of 9.00 feet; thence run S 51'05'21' W o distonce of 11.3.00 feet; thence run N 38'54'39' W o distonce of 12.00 feet; thence run N 51'05'21' E o distonce of 11.3.00 feet; thence run N .38'54'.39' W o distonce of 78.00 feet; thence run N 51'05'21' E o distonce of 10.00 feet to the POINT OF BEGINNING. Contoining 6,411.41 squore feet, more or less. Lot 4 ond 5, Block 206, Golden Gore Unit 6, os recorded in PIct Book 5, Poges 124 through 1.34. of the Public Records of Collier County, Rorldo. the 6 foot Droinoge ond Utility Eosement lying on either side of the common llne of sold lots, not including the northeosterly end sou'~hwesterly 6.00 feet thereof. Lot 5 ond 6, Block 206, Golden Gote Unit 6, os recorded in PIct Book 5, P=ges 124 through 134. of the Public Records of Collier County, FIoHdo. the 6 foot Droinoge ond Utility Eosement lying on either aide of the common line of soid lots, not including the northeosterly ond southwesterly 6.00 feet thereof. ~3RD T~RRAC~ cU 12.~8' 113.00' SANTA BARBARA CANAL SIX FOOT UTILITY AI'JD DI~AIrlA~E E~A~EMEtJT Kriow ALL MEN BY THESE PRESENTS tha~ Avatar Properhes Inc., n whose adrJ~ess ~s 255 Albnrnbrn C~clm C~ral G;ibl~m, Florida 33134, ~G~nt~fo~ ~d,p.~ ,nld;e'.'.~, '~ I{)l [.,m,nn~ l~.nl 14'd. rJ.q:h".. I I,,,f.~ 'FPl4~..m ~4'.pm*'Hf h~r a Hqhl ~f way for the dtamage and pubhc Utilities In. over. under, tmon nnd across =he foflow,~g descr*bed Innd of lZC-1 RESERVING tO Grantor the right and pr~wl~ge Io use the land coterm,,ou5 wdh the easement harem granted for afl purposes hal mcons~stent wdh ~r;lntee'5 re~srmabh~ u~o, u:]on and across =he lands described Ilorem, for the ms~allahon of ubJ,:les which shall mclude, but telephone haas, and CATV cables. ~o long as such ubht~es do nut m~rfere w~h t~e rights grenled to the Grantee harem. lf,I WITI',IESS WHEREOF. the Grnntor has executed tins Agr~.err'e~:t ,'h;~ .2r..tth day Of December. 1997. DENFIIS ' T.'~ CE"~'MAI~ STATE OF FLORIDA I ) SS: COUNTY OF DADE ) AVATAR PROPERTIES Charles L. I~,IcfJ~,r'/ Execuhve V~ce Pres~dun: I HEREBY CERTIFY. that on th~s 29th day of December. 1997, before me personally appeared Charles L. McNairy, Executive Vice President of Avatar Propemes Inc., a corporation under the laws of the State of Florida. to me known lo be the persons who s~gned the foregmng instrument as such officers end severally acknowledged the execut*on thereof to he their free act and deed as such officers for the uses and purposes tbere~n mentioned and that they affixed ~hereto the official seal of said co~porabon, and that the sG~d mstrument ~s the act nnd deed of smd corDor~bon. WITNESS my hand and ofhc~al seal a~ Coral Gables. m the County of Onde end Slate of F~onda. ~he day and year last aforesmd.'.. ~.I [~ ~._..~ ~ Notary Public SIX FOOT DRAINAGE AND L'TILITY EASE.MENT DEDICATION TO COLLIER COL.NTY EXIIIBIT A 12C-1 ' Ld 53RD TERRACE SANTA ~A R ~ A R A CANAL 120--].,t EXtlIBIT A SIX FOOT DRAINAGE AND UTILITY EASEMENTS PROPOSED FOR VACATION 12C- PLAT ~3[]K 5, PN~$ 124 ~'~1~, tz sr~ r~a.._.. AS ~~G at ~,e co~ ~o~ ~m~ of ~ 4 and 5, ~ 207, ~en~ ~ S ~54'59" [ o di~on~ ~ 36.~ feet to ~e POI~ ~ BE~NNI~; ~ ~nfinue S ~5~'59' [ a diatan~ o~ 99.~ fee~ a~ a ~d ~a~ N 51'05'21' E 1~.~ feel a dl~ance of 157.~ fee~ ~en~ ~ N ~'59' W a d;a~n~ of ~.~ fee~ a~ a ~ ~ N ~05'2J' E ~.~ feel a a,~ance er ~=.~- ~e~ mn S ~59' E a d~ of 6.~ ~e~ al~ a ~e to ~ Left ~i~ a r~d;u= of 19.~ feel a delta of a~ a ch~d ~a~n9 S ~05'21' W 26.87 feet. = distance of 29.85 feet; ~en~ mn S ~5~39' E a d[st~nce of 80.~ feet; [he~e elo~ o cu~e to ~e Eight ~;~ e red;us of 56.~ feel e delta of 1~42'18', ond e c~d be~g S 3Z33'~' E 12.39 feet, o distance of 12.42 fee[; ~e~e mn N 6~56'~1' E e d;st~nce of 120.86 feet; ~ance ~n S ~54'39' E e d;stonce of 12.68 feet; ~e~e mn 5 69'56'41' W o al;atonce o~ 124.95 feet; ~ence oleg e cu~e to ~e ~g? ~i~ ~ r~d;us of 56.~ ~ee[, e dare ef 7Y~'32'. c~ e c~rd ~r;n~ S. 2~54 59 W 67.12 feel, e dTstonce of 71.98 feet; ~e mn S 24'06 42 E e distance of 10Li9 fee;; ~e~ mn S 51'05'21' W a d;~ence o~ ~2.41 feet; ~e mn N 24'06'42' W e disto~e o~ i10.~ feet; ~e~ el~ e cu~e te ~e R~ht with e rodiua of 56.~ f~t, e d~a of 69'0YO!', e~ ~ ~d ~na N 7Y26'O9' W ~.~ feel ~ al;stones ef 67.49 f~t; ~en~ ~n N ~'39' W a dlsta~ of g.~ f~ ~ ~n S 51'~'21' W e d~a~e o~ 113.~ f~ ~ mn N ~54'39' W ~ d[~n~ o~ 12.~ feet; ~a~e mn N 5V~'21' E o d[~on~ of 113.~ feet; · e~e ~n N ~'59' W e ~once ~ 78.~ feeb ~e~ mn N 51'05'21' E e di~onca of 10.~ feet to the PO~ OF ~toln;~ 6.411.41 aq~re fee;, more or less. Lot 4 ond 5. ~lock 206. Golden C~te Unlt 6. os recorded in Plat Book 5, P~es 124 thro~h 154. of the Public Records of Collier CountT. Iqo~lda. the 6 foot I:h'ainage and Utility Easement lying o~ ei[he~' side of [he common fine of Ia;d k3~. not Inci..udln~ [he northeasterly and sou[hwe~e~7 6.00-feet ~areof. Lot 5 (x'~d 6. Bk>ck 20~. Golden Gate Unit 6. ee reco~d~ In Plat Book 5. Pages 124 ~ 1~ of ~e ~ R~s 0f ~fier ~un~, ~. ~e 6 f~t ~e a~ ~G~ ~mement ~ ~ e~ side ef ~ ~mon ~ne of ~M ~. not l~l~ng ~e no~ea~e~ a~ I~We~a~ 6.~ feet ~areof. EXHIBIT A SIX FOOT DRAINAGE AND UTILITY EASEMENT PROPOSED FOR DEDICATION TO COLLIER COUNTY feel. Initials~ EXHIBIT B EXCEPTIONS 12C-lW Unit 6 of Golden Gate is subject to the following exceptions: 1. All matters including Drainage and Utility Easements as shown on the Plat recorded in Plat Book 5, Pages 124-134 &the Public Records &Collier County, Florida. 2 Deed of Restrictions as recorded November 14, 1963, in Official Records Book 154, Page 554, of the Public Records of Collier County, Florida 3. Amended Deed of Re~--'ic',ior,.s a.s reo.:,rded January 30, 1~6.4, h~ Official Records Book 160, Page 503, of the Public Records of Collier County, Florida. 4. Amendment to _Deed__ of R~trictions as recorded Febmat3t 27, 1964, in Official Records Book 163, Page 88, &the Public Records &Collier County, Florida. 5 Amendment to Deed of Restrictions as recorded January 25, 1965, in Official Records Book 182, Page 762, of the Public Records of Collier County. 6 Deed of Restrictiorts as recorded January 13, 1970, ir, Official Records Book 338, Page 685, of t~,e Public Records of Collier County, Florida 7 Amendment to Deed of Restrictions as recorded July 13, 1982, in Official Records Book 979, Page 1512, &the Public Records of Collier County, Florida. g. Amendment to Deed of Restrictions as recorded December 22, 1983, in Official Records Book 1057, Page 1116, of the Public Records of Collier County, Florida. 9. Amendment to Deed of Restrictiom as recorded M,~'ch 20, 1984, in Official Records Book 1072, Page 392, ofthe Public Records of Collier County, Florida. I 10 Amendment to Deed &Restrictions as recorded September 26, 1984, in Official Records Book 1102, Page 830, &the Public Records &Collier County, Florida. 1 I. Resolution recorded February 3, 1996, in Official Records Book 646, Page Ig3g, ofthe Public Records of Collier County, Florida. 12. Resolution recorded November 16, 1992 in Official Records Book 1770, Page 2333, &the Public Records of Collier County, Florida. 13. Resolution recorded November 16, 1993 in Official Records Book 1884, Page 1592, &the Public Records of ColSer County, Florida. EXHIBIT B EXCEPTIONS (Con't) 14. Resolution recorded November 22, 1994 in Official Records Book 2004, Page 1797, of the Public Records of Collier County, Florida. 15. Ordinance No. 75-20 recorded M~y 19, 19975 Official Records Book 619, Page 1177 ofthe Public Records of Collier County, Florida. 16. Ordin~ce No 75-21 recorded May 19, 1975 in Official Records Book 619, Page 1182 ofthe Public Records of Collier County., Florida. 17. Ordinance No 75-.24 recorded May 19, 1975 in Official Records Book 619, Page 1191 ofthe Public Records of Collier County, Florid.~. 18,. Resolution recorded May 16, 1976 in Official Records Book 649, Page 1239, of the Public Records of Collier County, Florida. Naples DaiLy News Naples, FL 33940 Affidavit of PubLication NapLes Daily News BOARD OF COUNTY COflHZSSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1011636106491 57641180 NOTICE OF PUBLIC HEA State of Florida County of CoLlier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSHED ON: 02/08 02/15 AD SPACE: 71.000 INCH FILED ON: 02/16/98 Signature of Affiant Sworn to and Subscribed before me this Personally known by me / V,'~5. day of NOTICE OF PUBLIC HEARING Notice Is hereby given that the Boorcl of Co~n~ . Comml$slone~s of C~ller , will hold o m9 ~ Fe~y 24, Eos~ Tomloml ~roll, No~le$, Florldo, The meting ~ll ~ln A.M. The ~d ~11 truer, Of B~er E~I. ~1~, ~ ~ ~ Ay. otar Properties, Inc.f re~esflng ~ v~ 6 wi~ ~o1~ ~d ~lc L~ 1 t~ou~ 4, 207 o~ w~ln L~ 4 fhrough 6, B ~k 206, occ~dl~ ~ ~e PI~ Gol~n ~e UnH 6, os re. ~d In PI~ ~ _~S 124 thr~h 134, ~ub.c R~ds ~ cemt a 6' wl~ mere ~ a r~l~em~ easement through the de-s~ ~ ~e Of 2~ Avenue S.W. ond 53rd T~r~e S.W. All. I~terested ~les ~e mvffed to ~end. register ~ ~ a~ ~,_ln .~nq~ ~ ~a prl~ to ~e h~ln~ Any ~r~n ~o ~e B~d ~11 ne~ o re. c~d ~ ~e Pr~e~l~ pedolnl~ ~er~o, ~d ~s~e ~ a V~m evidence ~ which ~e ~ Is fo ~ ~d. BOARD OF COUNTY COmmISSIONErS COLLIER COUNTY FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. 'BROCK, CLERK By: Isl EIIle Hoffm~, Clerk eh. 8, lS No. 1142155 I;~ESOIAITION NO. 98- 50 R.I.~SOI,UTIf)N FOR. PF, TH'ION AV 974120 '1'() VA('A'I'I{ 6' \VII)l( I)RAINA{iI.: ANI) I'IIBI.IC IITII,H'Y I(ANI.~MI':NI'N WITIIIN I.¢YI'Y. I 'HIRf)lI(ffl 4. P,I.¢~f'K 2117 ANI) WH'IIIN I.f)'l'N 4 'HIRfH I(HI h. BI,¢R'K 206. AC(_'¢}RI~IN(~ '1'¢} '1 III., PI,AT OF (iOl,l)liN (iA'Hi I,~NIT IN PI,AT Bf)f)K 5. I'Afil(N 124 'I'IIR()IJ(HI 134. I'lll{I.l(' RI':t'f)Ri)S (IF ('()I,I,IF, R ('()lINTY. FI.()RII)A, AND T¢) A('('I:.H' A h' %VII)I{ I)RAINA(;I( AND Iq!BI,lC U'III,HY I:ASI:MI:N'I' AN A RI:I'I,ACI':MI':NT I.:ASEMF, NT 'I'11RO13(311 TIIF, PI~F, VIf)~INI,Y VACATI.:I) CIII,-DE-SAC AT 'HII': INTF, RSECTiON ()F 2~ TII AVl.:..'gW. AND 53 RI)TI!R. SW. WI IERI:.AS. pursuant to section 177.101. Florida Statutes. (kiry llutler. I'.F... of Butler Engineering, Inc.. as agent for the petitioners, th,es hereby request thc v;icalion of 6' wide drainage and public utility easements within lots I through 4. block 207 and within lots 4 through 6. block 206. according lo the plat of'"(i,lden (httc Iinit 6". as recorded in I'lat Book 5, Pages 124 through 134. Public Records of Collier ('(runty. Florida. and to accept a 6' wide drainage and public utility easement as a replacement easement through the previously vacated cul-de-sac at the intersccti(m of 2~ 'HI AVE..NW. and 53 RI)TI']~,. WI II'](I:AN. ttlc Board has this day held a public hearing to consider vacating said easements as more fully described below, and notice of said public hearing lo vacate was given as required by lay.': and WI II']~,I{AN. II~e granting of lhe vacation will not adversely al'Ibct lire ownership or right of convert[ertl access of olhcr property owners. N()W. TIII{REFORI!. BF. I'1'. I{I'i";OLVIH) BY '1'111{ BOAIU) ()F C()IJN'IY COMMISSIONERS OF C()I,I,II';R C()I IN'FY. I:I.()RII)A. Ihat thc I'.llowing be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein BE l'F FUR'FlIER RESOI,VED BY TIlE BOARD OF COUNTY C()MMISSIONF. RS OF COLLII~R COUNTY. FLORII)A. thai lire 6' wide drainage and public utility casement. more particularly described ill Exhibit "B" attached hereto and incorporated herein, is hereby accepted as thc replacement easement for thc drainage and public utility easements vacated herein. BE I'F FLIRTIIER RESOI,VED, thvt tile Clerk is hereby direcled to record a certified copy oF this Resolution in the Public Records of Collier County. Florida. and to make proper notations of this vacation on tire recorded plat of "(;olden Gate Unit Six" as referenced above. This resolution adopted after rnotitm, second and majority vote favoring same. DATED: .J/'~' ~' "~ ATTEST: DWIGHT E. BROCK. Clerk APproved as to fi~rm and legal sufficiency: ,d II()ARI) ()F (_'OUNTY C()MMISSI()NI'3~,S ( ()I.I.II:R (()! Nih. I'I.()RII)A I~ARt3~Y~ Wh~iir~an HeiJi F. Ashton Assistanl County Attorney PROPOSED VACATION OF THE FOLLOWING DESCRIBED 6 FOOT, DRAINAGE AND UTILITY EASEMENTS. LOTS I THROUGH 4, BLOCK aO7J GOLDEN GATE UNIT 6, AS RECORDEO IN PLAT BOOK 5, PAGES 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOR~]3A AND BEING MORE PARTICULARLY ])ESCRIBED AS FnLLO~/S, COMMENCING at the common property corner of Lots ~. and 5, Block 207, Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida; thence run S 38'54.'39' E o distance of 36,00 feet to the POINT OF BEGINN;NG; thence continue S 38'54'39" E o distance of 99.00 feet; thence along o curve to the Left with o rodlus of 50.00 feet, o delta of 180'00'00', and o chord beorincj N 51'05'21' E 100.00 feet, o distance of 157.08 feet; thence run N 38'54'39' W o dlatonce of 80.00 feet; thence along o curve to the ,R. ig.ht with o radius of 25.00 feet, o delta of 90'00'00", and o chord beorinc) .N. 06'05 21 E 35.36 feet, o dlstonce of 39,27 feet; thence run S 38'54 39 E o distance of 6.00 feet; thence along o curve to the Left with o rodlus of 19.00 feet, o delta of 90'00'00', and o chord bearing $ 06'05'21' W 26,87 feet, o distance of 29.85 feet; thence run S 38'5~'39" E o distance of 80.00 feet; thence along o curve to the ,R. ig.ht with o radius of 56,00 feet, o delta of 12'42'18', and o chord beorin~ S. 32'33 30 E 12.39 feet, o distance of 12.42 feet; thence run N 69'56 41 E o distance of 120,86 feet; thence run S 38'54'39" E o distance of 12,68 feet; thence run S 69'56'41" W o d~stonce of 124.95 feet; thence along o curve to the Right with o radius of 56.00 feet, a delta of 73'38'32", and (3 chord beorinc) .S. 22'54'59' W 67.12 feet, o distance of 71.98 feet; thence run S 24'06 42 E o distance of 107.19 feet; thence run S 51'05'21" W o dlstonce of 12.41 feet; thence run N 24'06'42' W o distance of 110.36 feet; thence along o curve to the ,R. ig.ht with o radius of 56,00 feet, o delta of 69'03'01', and o chord beorinc~ ~N. 73'26 09 W 63.48 feet, o distance of 67.49 feet; thence run N 38'54 39 W o distance of 9.00 feet; thence run S 51'05'21' W o distance of 113.00 feet; thence run N 38'54'39' W o distance of 12.00 feet; thence run N 51'05'21' E o distance of 113.00 feet; thence run N 38'54'39' W o distance of 78.00 feet; thence run N 51'05'21' E o distance of 10.00 feet to the POINT OF BEGINNING. Contolning 6,411.41 square feet, more or less. r~ Lot 4 and 5, Block 206, Golden Gate Unit 6, os recorded in Plot Book 5, Pages 124 through 134 of the Public Records of Collier County, Florldo. the 6 foot Drainage and Utility Easement lying on either aide of the common I[ne of said Iota, not including the northeasterly and southwesterly 6.00 feet thereof. Lot 5 and 6, Block 206, Golden Gate Unit 6, os recorded in Plot Book 5, Pages 124 through 134 of the Public Records of Collier County, Florldo. the 6 foot Droinoge and Utility Easement lying on either side of the common llne of said lots, not including the northeasterly and southwesterly 6.00 feet thereof. TTI~R-R^Cr sv ......... ! ,:. ~ SANTA ~ARBARA CANAL whose address ~s 25,5 Alhambra Circle, Coral Gables, Florida 33134. IGrantorl m consideration of the sum of Ten 1510.001 Dollars and other vahmhle considerations, recmpt of whmh ~s hereby acknowledged, does hereby grant In Collier Cmmty, and d:; s~lcc, essors anti assglns IGtantee), whose address is 3301 Tamiam~ Trail East. ~inples, Florida 3394). an e~fieflllHiJ trl¢a fight.of way for the dralna(io and public HTilltlef~ in, rJvJ:r, IlfltJef, ilrJ(J[J ;lllrl ;mrr~s th~: frdlr~winfI described land of the Grantor. StJlJ~ted in the Counly of Collier and State of Flortda and more pafhcularly ddscrJbed as follows: See Exh~bfl "A" atlached hereto and by reference made a part hereof encompassing one page which describes the easements and shows the legal description pertmning Thereto. TOGETHER with the priwlege to reconstruct, respect, alter, ~mprove or relocate tho aforesaid on or under the right-of-way above described, with all privih:gos necessary or convenient for the enjoyment or use thereof for the above.mentioned purpose. The Grantee shallhavothe ri!lilt It) clr,~;it tim J;lll(J allfJ kel~p il ch:;iH:(I t~l all lreet~, iiIIfJHrtjttJwlh or ~Hhe~r IIJIt,IIIII;IIIJIH; WllJlill Jill! easement area and 1o trim and cHt and keep lrimmed and CLIJ all dead, weak, leaning or clangorous RESERVING to Granlor the nght and privilege to use lhe land colerminoHs with easement harem granted tot att purposes not moons~stent with Grantee's reasonable use, occupation or enjoyment thereof, or except as may cause a hazardous condition. Grantor further reserves the right m ils sole judgment to install and grnnt easements transversely in, over, under. upon and across the lands described herein, for the installation of utilities which shall include, but not be limited to, water and sewer lines, sewage lift stations, drainage canals, recharge basins, telephone lines, and CATV cables, so long as such ublities do not interfere with the rights granted to the Grantee hereto. IN WITNESS WHEREOF, the Grantor has executed this Agreement th~s 29th day of December, 1997. STATE OF FLORIDA ) ) $5: COUNTY OF DADE ) AVATAR PROPERTIES INC. Charles L. McNa~ry ,/ I HEREBY CERTIFY. that o'~ tins 29th day of December 1997. be~'~'e me t)ersonall¥ appeared Charles L. McNa~rv. Executive V,ce President of Ava:ar Propert,es Ir~c . a corporation under the laws of the State of Florida to me known to be the persons Who s~gned the foregoing instrument as such officers aaa severally ackt~owle(Jged the execution the,eot to be their free act and deed as such off,cars for the uses and OurDoses thereto menboned and that they affixed thereto the ofhc~al seal of sa,d corporat,on, a~d that the sa~cl mst,ument ~s ',be act and deed of said coroora~on. WITNESS my hand and ofhc~al seal at Corm Gab'reS -- -he Co .¢'tv n' Dada and Stale el F~or~da, the day and year last atoresa~d. SIX FOOT DRAINAGE AND UTILITY EASEMENT DEDICATION TO COLLIER COUNTY ¢0u1,~'1~ ~ ~ co~ff~ ~)~ope~y cor~ef of ko~J 4 ~ S. ~Sock 297. Sot4 Ufd~ I. Plot look $. Pi)ge. 124 L~oqJgh 134 ef the P,,kae CeMeJ~I 7~3.00 eque~e feet. Initials_'.~')] 53R0 TERRACE S~,' w I SANTA ~ A R ~ A R A CANAL m ~ ~ ~8z8- ~ ,) £~ ~0~o~ ~o ~ w~vuuuu $£P-1~-97 PIO~-I 05 :~9 I'M PETIIlON TO VACAT. E, A. BANDON, OlSCONTINUEj OR Ct.O_S[ .. Publ.ic Street ~Alleyway Su~dSvlsion Plat Dedicated Easement ~ Utility --__ Drainage Date Received: ~ ~- ~, -': 7 Petttto.ner:* ~4VCL'/o~' ~(~rh~ ~. Address._ ~.5. ~ ~_~c~; City/State: . ~o~ . ~t. ' Agent: ~~ ~'~nro~n~ Address: 222~ ~4m m~ ~. '. , Address of Subject Property:. Maintenance ~ther (explain) Petition No: , Telephone: -~- Zip Code:_.~l~ Telephone:_ Zip Code: City/State: Location: Se'~tion ~ ToWnship Legal Description: Lo~~~i~)~.l~ Rahge _~ -~ , Page(s):_ /~- /$'1 Reason for Request:~enC urrent on~ng:_ ~ Does t ~s a ect ens3ty? ~------- 1' Hereb~ Authorize Agent Above to Represen:.He for th~s Petition: ~t~ er .... ~te Please see "Policy and Procedures of Vacation and Annulment" for the list of supportive materials which must accompany this'petition, and deliver or ma~l to: Transportation Services Division " Collier County Government Complex Bldg. "O" Naples, FL 33962 Telephone: (8!~) 774-8260 *(]) If applicant ts a land trust, so ~ndicate and name beneficiaries. (2) If applicant ~s 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. (4) If applicant is an owner, ~ndicate exactly as recorded, and list all other owners, tf any. (5) If applicant is a. lessee, attach a copy of lease, and ~ndicate actual · owners if not indicated on the lease. RON:OIO/g2:151 0 DENNIS J. GETMAN /l ttorttt,y-ttt-Law December 29. 1997 'i ? 7- 9Z© Collier County Collier County Government Complex 3301 Tamiami Trail East Naples. Florida 33942 Re: Title Opinion - F. ascincnts aL l:,undc~ '.s I Jaza. C,ilicr C,unt). Florida Gentlemen: THIS IS TO CERTIFY that as of December 23. 1997. according to thc Public Records in the Office of the Clerk of the Circuit Court of Collier County. Florida. AVATAR PROPERTIES INC., is Iht record fcc simple ~wncr of thc properly described in Ihe attached Exhibit A, all property lying and being in Collier County. State of Florida. subject to the exceptions described in attached Exhibit B. IN WITNESS WHEREOF. I. DENNIS J. GETMAN. an attorney licensed in the State o! Florida. have caused this certification to be signed this 29th day of December. 1997. Dennis J. Getma~ STATE OF FLORIDA) COUNTY OF DADE ) I ttEREBY CERTIFY that on this day. before me. an officer duly authorized int he State and County aforesaid to take acknowledgments, personally appeared DENNIS J. GETMAN. personally known to me. WITNESS my hand and official seal in the County and State last aforesaid on December 29. 1997. PA r RK~A My Com~m.~on CC49~35~' NOTARY PUBI.IC AT I.ARGE P.O. Box (123000. Miami, Florida 33102-3000 - (3115) 442-'/000 FAX (3115) 448-9927 EXIIIBIT A SIX FOOT DRAINAGE AND UTILITY EASE.~IENTS PROPOSED FOR VACATION PLAT CXl I IER C[XJHTY, AS FOLLOV$' COUUF.~G at the co~ property comm' o( Lots 4 and 5, 8ioc~ 207, C,~en Gate Unit 6, ~t ~ 5, Pages 124 ~gh 13~ of ~e Public ~ ~ 5 ~54'39' E a d1~on~ ~ 36.~ fe.t to ~e POI~ ~ ~ ~nU~ S ~54'39' E a di~ton~ ~ 9g.~ foab ~ a~g a ~C~. ~ ~ ~f~ wi~, ~ red;us of ~.~ ;'eat. a ~elta of 1~'~". a~ a ~d ~o4~ H 51'05'21' [ 1~.~ feet. a dl~anc* of 157.~ fee~ ~e ~ a cu~ to ~ RiGh~ w;~ ~ radius of 25.~ f~_~_~.a ~f 90'~'~', ~e~ al~ a ~e to ~ Left w;~ o rod;us of l g.~ fee~ a ddto of 9~'~", o~ a ch~d ~odng S ~05'21' W 26.87 feet, a distance of 29.85 feet; ~an~ ~n S ~5~3g" E a distance of 80.~ feet; tha~a olo~ a cu~ to ~e Right w;~ o radius of 56.~ fee~ o delta of 12'42'!8', and a c~d bea~ ~, 3~53'~' E 12.39 feet, a distance of ~2.42 feet; · a~a ~n H 6~56 ~1 E ~ distance of 120.86 feet; ~anca ~n S ~54'~9' E o distance of 12.68 feet: ~a~a ~n S 6g'56'41" W a d;s~ance of 124.gS feet; thence ol~g a cu~e to ~e ~g~t wi~ a radius of 56.~ feet, a delta of a~ ~ c~rd ~r;n~ ~, 2~54 59 W 67.12 feet. a distance of 71.98 feet; ~e ~n S 2<*06 42 E ~ distance of 107.19 feet; · e~ ~n S 51'05'2t' W o di~ance of 12.41 feet; ~ ~n H 24'06'42' W a disrobe of 110.~ feet; ~e~ al~ = cuwe ~ ~e R~ht wi~h o radiu~ of 56.~ f~L a ~o of 69'03'0~', o~ ~ ~d ~n~ H 73'26'0~' W ~.~ fee~ o distance of 67.49 f~t; ~-~ ~ H ~54'39" W a ~on~ of 12.~ feet; ~e~ ~n N 51'~'2l' E ~ d~on~ of 113.~ feel.; ~ ~n H 5VOS'2t' E a d;~once of 10.~ feet to the ~ OF Co~taln;ng 6,411.41 square feet, more or less. Lot 4 and 5. I~octc 206. Golden Gate Unit 6. as recorded in Plat Book 5, Pc)gas t24 through 154 of the Public Records ~ Collier County. Florklo. the 6 foot O~ainage and Utility Easement lying on eitha/ elde of the common line of ea;d lots, not incl..ud;ng the northeaster17 and southwe~edy 6.00.feet thereof. Lot 5 and 6, Brock 20G, Col(Sen C4=te Unit Paget 124 th4-ough 154 of the Public Rec.'da of ~e 6 foot Oq, cJb'~e and UUllty Eaeement ~ng on elth~ 81de of the common fine of laid lots, not includlng the northeo~erly and Io~Ahwe~o~ly 6.00 feet thereof. EXIllBIT A SIX FOOT DRAINAGE AND UTII.ITY EASEMENT PROPOSED FOR DEDICATION' TO COLLIER COUNTY i 2 ~ ~ 1i~ Ce,,q~eb,~ 7SC).OO oque4,~ feet. initials .~. EXIlIBIT B EXCElYrlONS Unit 6 of Golden Gate is subject to the following exceptions: All matters including Drainage and Utility Easements as shown on the Plat recorded in Plat Book Pages 1:24.134 &the Public Records of Collier County, Florida. 2 Deed of Restrictions as recorded November 14, 1963, in Official Records Book IS4, Page S54. of the Public Records of Collier Count)', Florida · -,.,,c,,,.,...., Deed of Re:~-i~of.s as re,z4,rdcd Ja.n~.a. ry 30, 1964, L,i OfflciaJ Records Book 160, Page 503, &the Public Records &Collier County, Florida. 4. Amendment to Deed of Restrictions as re, corded February 27, 1964, in Official Records Book 163, Page 88, &the Public Records of Collier County, Florida. 5 Amendment to Deed of Restrictions as recorded January 25, 1965, in Official Records Book 182, Page 762, &the Public Records &Collier County. 6 Deed of Restri~ions as recorded January 13, 1970, ir, Official Records Book 338, Page 68S, of the Public Records of Collier County, Florida 7 Amendment to Deed of Restrictions as recorded July 13, 1982, in Official Records Book 979, Page i 512, &the PuNic Records of Collier Count)', Florida 8. Amendment to Deed of Restrictions as recorded December 22, 1983, in Official Records Book 1057, Page I 116, of'the Public Records &Collier County, Florida. 9. Amendment to Deed of Restrictions as recorded ,March 20, 1984, in Official Records Book 1072, Page 392, &the Public Records &Collier County, Florida. !0 Amendment to De~d &Restrictions as recorded September 26, 1984, in Official Records Book 1102, Page 830. of'the Public Records &COllier County, Florida. ! !. Resolution recorded February 3, 1996, in Official Records Book 646, Page 1838, &the Public Records &Collier County, Florida. 12. Resolution recorded November 16, 1992 in Official Records Book 1770, Page 2333, &the Public Records of Collier County, Florida 13. Resolution recorded November 16, 1993 in Official Records Book 1884, Page 1592, of thc Public Records of Collier County, Florida. EXilIBIT B EXCEPTIONS (Con't) 14 Re~lution recorded November 22, 1994 in Official Records Book 2004, Page 1797, &the Public Records &Collier County, Florida. IS. Ordinance No. 7S-20 recorded May 19, 19975 Official Records Book 619, Page 1177 &the Public Records &Collier County, Florida. 16. Ordinance No. 75-21 recorded May 19, 1975 in Official Records Book 619, Page 1182 &the Public Records of Collier County., Florida 17. Ordinance No 7.5.24 recorded May 19, 1975 in Official Records Book 619, Page 1191 &the Public Records &Collier County, Florida. 18. Resolution recorded May 16, 1976 in Official Records Book 649, Page 1239, &the Public Records of Collier County, Florida. Initials , Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk of the Board: Please place the following as a: / X/ Normal Legal Advertisement / ~/ Olher: __ (Display Adv., location, etc.) Originating Dept/Div: Transportation/Public Works Person: Rick Grigg Date: 1/12/98 (Sign c:eady) ......... .................................................................. Petition No. (If none, give brief description): AV 97-021 Petitioner: (Name & address): MDG -OWl, L.C. K&M Lakefront Blvd. Suite 312 Columbia, MD 21044 Name & Address of any person(s) to be notified by Clerk's Office: See L:st of Adjacent Property Owners (If more space needed, attach separate sheet) Hearing before: /XJ BCC / / BZA / / Other Requested heanng date: February 24, 1998 Based on adverhsement agpearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important IX/. /X/ Naples Daily News or legally required/X/) / / Other Proposed Text: (Include legal description & common locations & s~zel: ~ETITIOr',I AV 97-021 TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS. TO VACATE PORTIONS OF DRAINAGE EASEMENTS AND TO ACCEPT REPLACEMENT EASEMENTS IN THE QUAIL WEST SUBDIVISION. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost'?. Yes/X/ No/F'}/ If yes. what account should be charges for advertising costs 101-163610-649100 Reviewed ~,T_.-,~_~,~,~------ Date / g' Approved by: Date Division Head Ed Ilschner County Administrator Robert F. Fernandez List Attachments: (1) Resolution (2) Legal Description (3) List of Adjacent Properly Owners DISTRIBUTION INSTRUCTIONS FQF hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note; If legal documents is invotvec, be sure that any necessary_ legal review, or re0uest for same. is submitted to County Attorney before submitting to County Manager. The Manager's Of;ice will distribute copies: B. IX/ County Manager agenda file; /X/ Requesting Division; lXl Original to Clerk's Office Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FQR CLERK'S OFFICE USE CNLY Date Advertised / Date of PH. (inc.l.ud~g ~ covm:) 12C-2 !ii111111111111111111111111111111111111111111111111111111.111111 Eoa]Lt~ONI illllli1111111111111111111111111111111111111ii1111111111111111 ~'ROH I PHONE ' NO: ELLZE BO~'FI~IAR - H~I'~S & RECORDS C.oll~er County C.o~rtho~se (813) 77~-8~08 (8],.3) 774-8406 [ ]'. Oat:e oont:: / January 22, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-021 Dear Judi: Please advertise the above referenced notice two times, one time on Sunday, February, 8, 1998 and one time on Sunday, February, 15, 1998 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, J0~'~uehne, Deputy Clerk Encl. Acct. No. 101-163610-649100 120-2 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AV-97-021, Terry Cole, P.E., of Hole, Montes & Associates, Inc., as agent for MDG-OWI, L.C., requesting to vacate portions of special preserve easements, within Lots 10, 20, 21, 23, 48, 50,Lot 1, Block D and Lot 3, Block D, "Quail West Unit One, Replat" (Plat Book 21, Pages 84 through 106), and Lots 19, Block F and 21, Block F, "Quail West Unit One, Replat Blocks E and F First Addition" (Plat Book 22, Pages 34 and 35) and to vacate portions of drainage easements in Lots 2, 6 and 10, Quail West Unit One, Replat Block A" (Plat Book 27, Pages 10 through 12) and to accept replacement drainage easements. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) 12C--2 January 22, 1998 MDG-OWI, L.C. K & M Lakefront Blvd. Suite 312 Columbia, MD 21044 RE: Notice of Public Hearing to consider Petition AV-97-021 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Terry Cole, P.E. Hole, Montes & Associates 715 10th Street South Naples, FL 34102 January 22, 1998 Terry Cole, P.E. Hole, ~4ontes & Associates 715 10th Street South Naples, FL 34102 RE: Notice of Public Hearing to consider Petition AV-97-021 Dear Petitioner: Please be advised that the above referenced Detition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Jody So Kuehne, Deputy Clerk Encl. CC: MDG-OWI, L.C. K & M Lakefront Blvd. Suite 312 Columbia, MD 21044 January 22, 1998 Re: Notice of Public Hearing re Petition AV-97-021 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, February, 8, 1998 and Sunday, February, 15, 1998. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Jody S. Kuehne, Deputy Clerk Encl. I{I(NOI,I rl*ll)N NiL 12g- 2,1 %~,'III.;I{I'~AN, pUlSUall! lo scclit,ll 177.1~11. I h,~ida .SUm,tvs, Ic~> ('ole, ILl:., ~)1' Ih)lc Ih,,k 27. I'agcs IO lhr(,uMh 121 ..Xnd "()tl;~il ~'cnt I;iH1 ()nc. I{qq;~t IIMcks I:. And F First ~.'.l'-.t.'lll~.'lll'-..Ix III~,T~.' htlb. du'.,.cril,cd N..I,,v.. and noti~.c ,,1 s:,M I~ubh~.' hu';~tlHg to ',;Iv;lIt: ~.~.:ls ~2iv~.'11 d', ro. lulrcd b,, I,,,.,.'. and XX IIEI{E..XN. Ihu' l~r;,ntin.~ ~,I' thc x nc;~ti~,n will t~t ;Mx cr,,u'l.x ;dl'ect thc ~,x,.ncrshil~ .r rit~ht N()%~,'. IIII,RI..IqH(I.. III. II RI,,Si~I.VII} IIY III1: B(b\RI~ ~;I, ('~)NINIl,%,'41( ~NI'R,~ IH' ('~)1.1.11'.1~, (.'~ ~ :NIY, I'1 ~ H~IIL\. ~ll:~i iht IoIh,~int.t bu. :md is hereby Nu'u' lixhibil ",\" :dlachcd hcru'lo alld incolpol;ded huucm I~E I I FI :R I III!R l,ll!.";(}l.\'l'.l) HY III1.i Iltb\Rl} (il' {'{}1 'N I Y t'(iMMISSIt)NI{RS ()F ('()I.I.IER ('()liN I'Y. I.I.()RIIJA . ihat Ibc drainage c~sett~eHts . m~,re l~arlicularly described in I~xhibit "Il" att;~chcd hctvh, ~llld illct,ll,Olalcd hc~cin. ;irc hc]cb3 accepted llli II FI :RIIIliR RI'iN(,q.VI:I). thal Ihu' ('lcrk is hcr~.'b3 dir,.'cled to record a ccrlilied c,,p3 ,,f lhis I~csq,hltiun in thc I'ulqic Records ut' ('oilier /'ounl3. I'h,rida. ;~nd tt~ make proof Ih,: zu'.soluli~,n a,.hqqcd dllcl lllolioll. ~,c,,:ond and In;tiotil.', I)A I I1): :\ 1 I I:S1: I1( ).\RI ) { ~1 { '( )l 'N I Y { '( )NI.%IIS.";I( )NI:R.',; I)WR ;11 I' Ii. I~,I~,()I.'K. {'lc, k ('()1.1 II.R ('()~ ~N I Y. I.I.{)RII)A B^RB^R^ B. BERRY. {'haimlan Z 0 Z .~. 12C-2 .. ,.4 0 12C-2 Z 0 Z <~ ~0 r '~ iO~ ~ I ~: .. .... , ' ~ ' '.l~i ~ ',~.: .1~/, ' ~ : , ~ ~' .-' ....... ~...-,,, 2C-2 ~o [ .l 20-2 ,I T 120-2 ~, I IIII I IIIII II IIIII II II IIIIIIIIIIIII II I I ..... __--- ~ I 12~-2 ,.,7 ~_--. ._JO 12C-2: ii -w- I ./ 12..0-2 v . i Z © © :. 8')'5~'4G' I: ,, ,, ,,, [ [ I [11 [ [ I I I Illllll Illlllll I1[ [[ [ [ 12C-2. ! I T .-.. _- ~o_© ti ~L. '"~P \ / .~ I_to' ~"~?a~ 120-2 August 1. 1997 ¢'4 qT- ogl 5' Re: Quail ',,",;'est Unit One Replat - Lot Fl9 (ID 68980000463/ ASG. I..L.C. No. I Abutting and other property owners within 250 fct:~ of the proposed vacation: - Lot F20 (abutting) -James & MatT Sillowav. 36 Draffin Road. Hilton..",'Y ID 68980000489 14468 - Lot F21 (within 250"~ -James & Kathleen Grownev. 5006 Groveland Terrace. Naples. FL 34119 - ID 68980000405 Lot Fl8 (abutting) - Richard & Gay Raphael. 5013 Groveland l'errace. Naples. FI. 34119 Lot 37,.{within 250') -Gilbert & l.oreua B,)utin. 4212 Br'y.'nwood Drive. Naples. FI. 3,5,119 --'ID 6897001:1857 · _0,_,. Waco. 'IX Lot 36 (wit}fin 250'1 -John C. 13owden. P.O Box '~ -'>- 68975006029 : 76702 - Il) August 1. 1')97 Quail West Unit ()ne }lei'fiat - I.ot 1:21 (II) James P. & Kat}flecn M. Abutting and other property ,;,.vncrs ,,vil}fin 2"5~ t'cct ~;t' lt~c pr~)p(;scd vacali(m: I.o~ 2'2 (abutting) - Quail \x;'cs~. Ltd.. 62,°,9 Burnlmm Road, Naples. lq. 3.il 19 - II) 689750O5745 Lot 23 (within 250') - Shore Development Company. 1o660 W. 143rd Street. Orland Park. IL 00462 - ID {'>,'-J97!)r)l{)'iSi) Lot 18 (across street* - Charles & Nora Locke..i293 Brvnv,,'ood Drive. Naples. FI. 34119 - ID 6897500566'i Lot 19 (across stret:t~ - Frank D. Darncll & Judith P. Deardofff. 4277 Bry'nwood Drive. Naples. FI. 34119 1 2C- August 1. 199.7 tlv ~77- c9 ~ I Quail \Vest Unit one Rcplat - Lot Al0 (ID ¢)89750102.18} I.ondon Bay Construclion. Inc. Abutting and other pr(.~perty ~)wncrs witlfin 250 feet of the prr)posed vacation: Lot Al2 (within 250') - London Bay ConsTruction. Inc.. 889 - 11 lth A,.'enu,2 North. Naples. FL 3.1108 - ID 68975010280 August 1.1997 r-~l ,q,7- o g.I Re: Quail West l'nit One Ib.'pl:~! - I.ol A2 ¢II) 6897'5011)1)86 } London Bay Construction. Inc. Abutting and other propeay owners wit}fin 250 Feet of the proposed vacation: Lot 31 (within 250') - Platinum I I{m~cs ~f' S,~uI}~ \',;'cst l:lorida. Inc.. 5083 Drive. Naples, FL 34119 - ID 68975005923 August 1. 1997' Re: Quail West Unit One Replat - Lot D I {ID 68970020123) Susan Braun Abutting and other property owners within 250 feet of the proposed vacation: - Lot Da (across street) - Paul & Carolyn I.ichter. 6,i"51 DunberrT I.ane. Naples. FI. 34119 Lot D3 (across street'~ - MDG-Q\VI. L.C.. K & M I.akefront Bldg.. Ste. 312. Columbia. MD 21044 - ID 0897500()582 Lot D2 (abutting) - Arthur & Luisia Shafran. 215 Topanga Drive. Bonita Springs. FL 34134 - ID 68975006566 Lot 50 (within 2"50'/ - Heritage l-lomcs of Naples. Inc.. q910 N. Tamiami Trail. St,.'. 30q. Naples. FI. 3,i103 - ID (~897501)(i31).i Lot D12 (within 250')-.lames [:. 'Knott. 4,i05 Br3'n,.vood Drive. Naples. FI. 3q119 Lot D5 (across street) - Gulfshore/XVeStem Joint Venture. 3.'70.'i Ascot Bend {.it.. Bonita Springs. FL 3,i134 - II) 68975006621 August 1. 199' Z~ 120-21i Quail \'(,',:sl l'nit ()nc llcpl:t! - [.t~t .q0 ill) (>,'q')'?'%*)~;().z~l)q) Abulling and olher prop~:rty ,~wn~:rs xvilhin l.ot 1~ (acrr)ss s~r~:t; - Mark & (;cmnm \Vils~m. 48'50 l),;cksid~: Drive =102, Fl. Myers, FL 33919 - 6897('20094.58 Lot 14 ~acr,.,ss stre~z~) -James & ~:arr~;ll Kn,~tt. 440'5 t~ryn,.vo,~d Drive. Naples. FI. 34119 Lot 45 tat-ross strcct~ -John \";'. Kostv Trust. 1222 t tomestc:~d (Treck. Broadvicw t Its.. OH ,t,i147 - ID 689750o()207 [.c,t 49 {abutting) -Ravmond & Sharon I)cVita. 9"1.~6 [:.dnan~ {.:ovc, Gt:m'mntowrL 'I.'N 38159 - ID 689?5006281 Lot 48 (within 250"} -J.D. Kavlor & Associutcs..1,492 .Mercantil{2 Ave.. Naples. FI. 3.i105 - ID 68975006265 Lot D1 (within 250') - Susan Braun. 6,1'=,0 Dunbtem' Lane. Naples. FL 3-i119 - ID 68970020123 Lot D2 (within 2q,')') o ,.M'thur & I.uisia Shafran. 214'i 'i'opanga Drive. Bonila Springs. FL 34134 - ID 689-.5006'566 4~vqq-~l August 1. 1997 Re: Quail West Unit One Replat - Lot 48 (iD 68975006265) J,D. Kaylor & Associates Abutting and other property' owners within 250 fet:t of the proposed vacation: I.,ot 49 (abuttingl - Ravn~ond & Sharon [)cVita. 9546 Edn:m'~ Cove. Gemmmown. 'I.~ 38139 - ID 68975,')O6281 Lot 45 (across street) - John W. Kostv Trust. 122'2 t lomcstcad Creek. Broadview Ilts.. Ott 44147 - ID 68975006207 Lot 47 (abutting) - \Villiam & Margaret Duvall. 5800 Glenholme Circle. Naples. FL 3,i 119 - ID 689750062,'i9 August 1.1997 Quail West t'ni~ ( }t't,.: I~,t.:1>l:tt - l.{,t 25 (Il) ¢)89'7(j()1')'~'S~)} .Shore I)cvelopment Con'~p:tny l.ot 37 rat'ross strcel) - Gilbcr~ & '[.orcll:t B~.,utin..~212 Bn'nwood Drivt.'. Napl,2s. FI. 3-il 19 - ID 689700118'5..7 Lot 38 (across street~ - Earl & Rosemary.' St. John. 4228 Brvnwood Drive. Naples. FL 3.t119 - ID 6897001195. i August 1. 1997 Quail West L'nit One Rcplat- l.m 21 (I1.)08975i)1)5729~ Quail West. Ltd. Abutting and other property ov,'ners within 2"50 feet of tile proposed vacation: Lot 19 (within '250'1 - Frank D. l)amcll & Judith P. Dcardorft'. 4277 Drive, Naples. FL 34119 .., ' --;- '-' : .......... I.t., 23 (within 2'=,0'~ - .<,},.~rc I.>evclopmcm (2m~par~y. l~)C/~(~ W. l.i3rd S~rcct. Orland Park. II. O)q62 - ID 689701)10q51) Lot 38 ~'across street~ - Earl & Rosemary St..Iohn. ,{228 Bn-nwood Drive. Naples. FI. 3,4119 - ID 689-001195-i Lot 39 (across street) - P, on & Marion McVean. 42+i Bn'nwood Drive. Naples. FI. 34119 - ID 689'70012050 Lot 40 (across street l - Morris & Sarajanc [tarris. ,i2()0 Brx'nwood Dh,.',.'. Naples. FL 34119 - ID (58975006100 August 1. 19')7 ~/ q'7-O~ I Re: Quail West Unit One Replat - I.ot 20 (ID 689751305703) Quail West. Ltd. Abutting and other property owners within 2'5o feet of the proposed vacation: Lot 18 {'within 2=,0'') - Charles & Nora I,ocke. ,t293 Brvnwood Drive. Naples. FI. 3,i119 - ID 689750056(54 Lot 19 (abutting~ - Frank D. l,)amcll & Judith P. Deardorff. 4277 Brvnwood Drive. Naples. FI, 34119 Lot 39 (across street) - Ron & Mar/on :XlcVe:~n. ~t2.t-i Brvnwo,>d l)rive. Naples. FI. 3,ii 19 - ID 689'"00120'50 Lot 40 fa(ross street5 - .Morr/s & Saraiane Harris. ,t26~i Brx'nwood l)rive. Naples. Fl. 3'i119 - ID 68975006100 Lot E1 (across street) - Naples Capital Development Group. 4500 Executive Drive. Suite 110. Naples. FL 3.4119 - ID 68970040129 Lot F1 (across street) -Joseph & Theresa D'Jamoos. 4700 Villa Mare Lane. Naples. FL 34103 - ID 6897500(286? August 1. 1997 Re: Quail \Vest [.;nit ()nc: Replat - Lot 10 (ID 6897501.~5509) John Popinski Abutting and other propertS.' owners within 250 feet of ttte proposed vacalion: Lot 9 cab ~Tllnt,) - M:~t~'he',v & I)~,m~'ni~'a (h'aig. 4,'i,45 Br~'m.w~,~l [')rive. Naples. 1:1. 34119- ID 68975005486 I.ot "52 (acr~)ss streelt - Casimir & [.illian [~),)lcml~a. (~116 (5)unly I.ine R~xtd. l~ur,' Ridge. IL 60521 - ID 68970013350 Lot 53 (across street) - Robert ,.\. Epstein. 4484 Brvnwood Drive. Naples. FI. 3,1l 19 - ID 089750013457 I I III IIIIII I I I I I I III I I I III IIIIIIII August 1. 1997 ,:!-7 Abutting and other property (~wncrs witlfin 250 t'cct of Ibc pr(~p(~scd vacation: Lot 52 ewithin 250') - Casimir & I. illian Dolcmba. 6116 County l.inc Road. Burr Ridge. IL 60521 - ID 68975006356 l. ot 13 (across street) - Mark & (;emma Wilson. 48q0 Dockside Drive =102. Ft. Myers. FL 339'19 - 68970009458 Lot D2 (across street) -Arthur & l,uisia Shafran. 215 Topanga Drive. Bonita Springs, FL 3,4134 - ID 68975006566 Lot D4 (abutting) - Paul & Carolyn Licluer. 6,i51 Dunberry Lane. Naples. I-"L 34119 Lo~ D5 (within 250"} - Gulfshore/X.Vestcm Joint Venture. 3704 ;\scot Bend Ct.. Bonita Springs. FL 34134 - ID 68975000(~21 III Naples Daily News HapLes, FL 33960 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1011636106491 57641229 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Hews is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the I~Jrpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/08 02/15 AD SPACE: 72.000 INCH FILED ON: 02/16/98 Signature of Affiant '; "~"~ Suorn to and Subscribed before me this ,/ 7 day of ' Personally known by me ;! ¢/!'~, '/'fi~ ~ [ ~ ~''~l '~ .' NOTICE OF PU~LtC HEARING Notice I$ hereby (llve~ that ~e ~d of C~ Commlssl~s of C~li~ C~n~, heorlng on TUESDAY, FEB~U~Y Admlnlstrolion Building, Collier ment Center, 3301 Eo~ Tomioml Tro l, N~les, Fi~ldo. The meeting will begin ~ 9:~ A.M. T~ ~ ~rd will Lion AV.97.021, Terry I Cole, P.E., ol Hole, M~tes / & Assoclotes, Inc., ogent f~ ~DG-OWI, L.C: J requesting t~ns of ~ecl~ pres~e easement, w~ln ~, 21, 23, 48, 50, L~ 1,~ Bilk O D "Q~II West Un~ ~, J Reol~" (PI~ B~k P~es 84 ~r~ I06),~ ~d 21, Bilk F, 'Q~II West Un~ One, R~I~ BI~kS E ond F FJr~ Add~l~" (P$~ B~ 22, P~es 34 ~ 35J ~d dralnoge ea~men~ Lo~ ~_60~ ~0, WestUn~ One, Repl~ Bilk A" {PI~ ~ 27, P~ 10 to acce~t repl~emem ~ ~eme~ All I~erested ~1~ ~e Inv~ed register submH ~elr ~ n Any ~r~ ~e ~e ~ a v~m r~d eyre BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIOA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK ........................ By: /s/ Oep~ (SEAL) ~ 1 Feb. 8, 15 NO. 11 2285295 OR: 2392 ,u: ~:::~::: :,,. :?. ::::::.u .::.::.::.: ::' ::'-:::'; :::.~:~..:: :ii:i}' "' '2.~'~! :: ::.:L:! :i/i.,H: '.' L;::'. RES()I.I!TI()N N{). ')8- F, 1 RI(.";¢)I.I"Hf)N Ff)R I'I!TH'I(LX AV o7-O21 '1'(1 \'Af'ATI{ PORTIONS ()F SPECIAl. PRI.:SERVI{ E,.\.";F..XlI{NTS \VI HIIN I.()'I'S IO. 20. 21.23.4R. I. IH.()('K D AND I.()T 3. I{I.()('K I). "t)l :All. WEST I:NH' ¢)NF.. RI!PI.AT" tH.AT 13()()K 21. I'.,\(H!S 84 TIIRf)I 7(ill Itl6). AND I.()'I'S IO.I{I.()('K F ANI) 21. IH.()(.'K F. "QIIAII. WI.:S'I' !.INH' ()NI:.. REI'I.A'I BI.¢)CKS I.: AND F FIRST AI)I)H'If)N" (PI.AT B()f)K 22. I',,\(;I!S 34 AND 35) AND T() VA('A'H{ I'()RTIf)NS ()F I)RAINA(;I{ I(ASI!MI!N'I'S IN I.()'rs 2. h AND I0. "()IIAII. WEST IJNH' ()NI.:. RI:.PI.AT BI.f)('K A" (I'I.AT I{(R)K 27. I'A(iI{S 'HII;t()l!(Hl 12) ANI) '1'() A('('I!PT RI,:PI.A('IiMI{NT DRAINAGI.: EAS[£MENTS. WIIEREAS, pursuant I,) suction 177.101. Fh,rida Statutes. Terry (,ole. ILl:... of Ilole -Montes & Associates. Inc.. as agent for the petitioners, does hereby request Ihe vacation of portions of various special preserve easements and portions of various drainage easements within thc Ouail West Subdivisi.n as shown on the plats of"f)uail West IJnil ()ne. Replat" fPlat Book 21. Pages 84 Through 106). "Quail West Unit ()ne. Replat Block A" (Hat Book 27. Pages 10 'lhrot, gh 12~ And "Quail West Uni! ()ne . Rcplat Blocks E And F First Addition" fPlat Book 22. Pages 34 And 35) and lo accept replacement drainage casements; :md WIIEREAS. thc Board has this day held a puhlic hearing to consider vi,caring st, id eascmenls as more fully described heh,w, and re,lice of said public hearing to vac:,lc was given as required by laxv: and WIIEREAS. the granting of the vacation will nol adversely affect thc ownership or right of convenient occcss of other property owners. NOW. 'FIIEREFORI£. BI-: H' RES()I.VI!D IIY TIlE II()ARI} ()F COUNTY COMMISSIONERS OF COI.I.IEI~, COUNTY. FI.ORIDA. that the Ibllowing be and is hereby vacated: Sec l.ixhibit "A" re,ached hereto ;md i,~corporaled herein BE IT FURTllER RESOI.VED BY 'FILE B(')ARD OF COUNTY COMMISSI¢)NERS OF COLLIER COUNTY. FI.OI.'.II)A . Ihat the draint,ge easements, more parlict,larly described in Exhibit "B" att;,ched hereto and incorporated herein, are hereby accepted as the replacement easements Ibr the drainage easements vacated herein. BE IT FURTItER RIiSOI.VI'.'I). that thc Clerk is hereby directed to record :t (crt,lied copy of this Resolution in the Public Records of Collier County. Florida. and to make proper notation of these vacations on Iht recorded pi,ts ils rcfi:renced ;,hove. This resolution adopted after motion, second and m;tjority vote Ibvoring same. ATTEST: I{OARI) (}F COUNTY COMMISSIONEI{S DWIG! H' E. BROCK. Clerk ('(}l.l.ll.:l{ COl JNTY. I:I.OI~,II)A · /Z,? ·/, . .-:' ...') '/ ,/ '/ .' Approved as to form and legnl sufficiency: I lc,dj F. Ash,on Assistant County Attorney BARBARA B. BERRY, ('h;tirman OR: 2392 PG: 2068 OR: 2392 PG: 2069 120 '"2~ Z 0 c < g OR: 2392 PG: 2070 0 Z oh OR: 2392 PG: 2071 ('~. ,...,.~,? ,2 ) ..;. o,= t5 1,~0 '2_.11 OR: 2392 PG: 2072 OR: 2392 PG: 2073 OR: 2392 PG: 2075 OR: 2392 PG: 2076 211 OR: 2392 PG: 2077 .< I..- 0 # s 85'50'13' W 0 ? 78.1~ --J II II OR: 2392 PG: 2081 ~emm to: Bos.rd of Collier County Commissioncrs This instrument prepared by: Leo J. Salvatori, Esq. Quaxles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE EASEMENT (Block A, Lot 2) THIS EASEMENT, granted this '~,1'1 day of ~,(k t~' t~y' !t , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, and MARK WILSON and GEM)D% WILSON, husband and wife, collectively as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. w I T N E S SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOT3~%RS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP\ 131766.2 120 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness ~'.~ Pri~nt Na~e .Below: By: Witness -#l Print Name Below: .'¢0;,.~,.'~, ,' Y ~. ~.. ,,v...,. _.~--,,.~,x_,z-~-~,-.~, "C,". ,.._.. Pr__~ Name t~l.9~w: //' (Corporate Seal) LONDON BAY CONSTRUCTIONt INC., a Florida corporation, % s President ~ark D , ' Gemma Wilson, individually STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this -~..~¥,~, day of C.'( ~ ~]~ (/,.- , 1997, by Nar}: D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. '~,,',. t. %,:. t ,,,: ....'f'" NOTARY PU.~LI C (SEAL) My Commission Expires: (Pri .n~. name belo2~) , -2- STATE OF FLORIDA COUNTY OF COLLIER 120 '21 foregoing instrument was sworn to and subscribed before me this __ ~day of ~C~ I~l)_._ , 1997, by Mark Wilson and Gemma Wilson,' husband and wife, who are personally known to me. My Commission Expires: ~,' m: Han:~ ~o. ~ooo /[ "~/~.'~'~ ~.~ ~,, ~m~ ~,~ ~.~. [ NOTARY PUBLIC (SEAL) (Print name bel~)! QBNAP\131766.2 --3-- OR: 2392 PG: 2085 12C 2tI Return Board ot'Collic~ Coumy Commissionc~ This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4:501 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE EASEMENT (Block A, Lot 6) THIS EASEMENT, granted this'~ day of L~..b.~_-'3?.lgL... 1997, between LONDON BAY CONSTRUCTION, a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. W I TN E S SETH: That the GRANTOR, for and in bonsideration of the sum of TEN ($10.00) DOT.TARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. OR: 2392 PG: 2086 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness '~_~ ~tt.~ Pr~,nt Name Below: Print Name\ Be. low: By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida,~orporgtion, MA~k' D'. 'W~0n, as Presiden:~ STATE OF FLORIDA COUNTY OF COLLIER My Commission Expires: The foregoing instrument was sworn to and subscribed before me this "~'-~r¥~ day of _~,~ ~Ft~5I)_ , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. t' , ? ' ' I' ,v~ / NOTARY P,~B L I C (SEAL) (~int name below) QBNAP\13la41.2 -2- >- 120 o OR: 2392 PG: 2088 Re~rn to: Board of Collie~ Commissioners Leo J. Saivatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE EASEMENT (Block A, Lot 10) flV~, '7- o Zl THIS EASEMENT, granted this .'~t")t%_~ day of CC.~.~. ~i~.1~.. , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WI TNE S SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. ~B~AP\231842.2 OR: 2392 PG: 2089 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: ~i~Aess~91 P~int Name Below: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florid~O~rpo~ation, M~k D~-Wilsoh, as President '' STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this :-~,y3day of C~,C..~.'.~y: ]/ , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUB_I~i C (SEAL) (Print name below) QBNAP\131842.2 -2- 0 This insu'ument prepared by ,,nd alL~' recording return to: Leo J. Salvatori, Esquire Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285296 OR: 2392 PG: 2091 RKCORDED :n 0,.,C,AL RHCORD$ of COLLIER CODNT~, ~L 02/26/9~ at 12:i5?M D~IG~T E, B~OCK, CL~RK C07![$ 37.50 8.00 VACATION OF DRAINAGE EASEMENT (Block A, Lot 2) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Developer"); LONDON BAY CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as "Owner"); QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). WI TNESS ETH: WHEREAS, Developer is the developer of that certain subdivision known as Quail West Unit One, Replat Block A, according to the plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"), which Premises are now owned by Owner. WHEREAS, Developer and Owner desire to vacate said Drainage Easement. WHEREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may have in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Premises from the Drainage Easement now encumbering the same as further described in the plat for Quail West Unit One, Replat Block A. QBNAP\ 13180!. 01 12C It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL WEST, LTD., a Florida limited partnership, Witness~. #1 Print Name/Address B~low: 6289 Burnham Road Napies, Fiorida 34119 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent By: , : J -. ~'f-~-< · SANDRA HESSE, Vice President 6289 Burnham Road Naples, Florida 34119 Witness #~ ~ Print Name/Address Below: 6289 Burnham Road' Naples, Florida 34119 (Corporate Seal) LONDON BAY CONSTRUCTION~ INC., a Florida corporation, Witness #1 Print Name/Address Below: Witness #2 Print Name/Address Below: By: Mark D. London, as President O o QBNAP\131801.01 -2- .12c It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL WEST, LTD., a Florida limited partnership, By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent Witness #1 Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 By: SANDRA HESSE, Vice President 6289 Burnham Road Naples, Florida 34119 Witness #2 Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 Print. Name/Address Below: ~,/ ' t -' '", (Corporate Seal) LONDON BAY CONSTRUCTIONt INC., a Florida corpora.tion, ? 1 ? \.,, _ BY'M ~D~' Wilson, as President Witness #2\ Print Name/Address Below: '" "Ct "~" '~, .',' i."~ - '. t'"" QBNAP\ 131001 . 0! -2 - Witness%#l ~ Print Name/Address Below: 6289 B~rnham Road Naples, Florida 34119 Witness #2 Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 (Corporate S e~a~)C 2'~ QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation By: ;" / ~' ' ._ SANDRARESSE, as President 6289 BUrnham Road Naples, Florida 34119 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Attest: DWIGHT D. BROCK, Clerk of Courts By: Chairman Approved as to form and legal sufficiency: By: Assistant County Attorney ~BNAP\ 131801. O1 -- 3 - , II I I II II IIIIIIII I III I I I II I III STATE OF FLORIDA COUNTY OF COLLIER 1Zc The foregoing instrument was acknowledged before me this 5~{% day of O~l)g- , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NOTARY ~PUBL~C (Print~ame be 1,93w) (SEAL) Notary Public Serial 8 (if any) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997 by Mark D. London, as President of LOI~DON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) Notary Public Serial # (if any) QBNA9\131801 .Or -4- S~ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (SEAL) Notary Public Serial ~ (if any) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this '' ~ day of ' , , 1997 by Mark D. Wilson, as President of LONDON BAY CONSTRUCTIONt personally known to me. My Commission Expires: INC., a Florida corporation, who is NOTARY PUBLIC (Print name below) (SEAL) Notary Public Serial # (if any) QBN~.P\ 131e01.0! -4- STATE OF FLORIDA COUNTY OF COLLIER ! 20 2! The foregoing instrument was acknowledged before me this ~ day of (~'~I~P , 1997, by SANDB~A HESSE, as President of QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. My Commission Expires: N~T4%R Y POBEIC (SEAL) (Print name below) Notary Public Serial 8 (if any) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997, by Timothy Hancock, as Chairman of BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (S~%L) Notary Public Serial ~ (if any) QBNAP\ ~. 31901.01 --5-- *** OR: 2392 PG: 2098 ~** 12(3 This instrument prepared by and after rccordin; return to: I.co J. Salvatori, Esquire Ouafles & Brady 4501 Tamiami Trail North Suite 300 Naples. Florida 34103 2285297 OR: 2392 PG: 2099 P3CO?.DED l.'l O.L~ICIAL RECORDS Of COLLII~P, COUNTY, D~,~. , ~ at '' ''~ CO?i~S ~.00 CL~H T~ T~! S~AR~ VACATION OF DRAINAOE EASEMENT (Block A, Lot 6) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Developer"); QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). WI TNESSETH: WHEREAS, Developer is the developer of that certain subdivision known as Quail West Unit One, Replat Block A, according to the'plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"). WHEREAS, Developer desires to vacate said Drainage Easement. WHEREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may have in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Premises from the Drainage Easement now encumbering the same as further described in the plat for Quail West Unit One, Replat Block A. It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. QBNAP\ 131837 . 01 OR: 2392 PG: 2100 In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL WEST, LTD., a Florida limited partnership, witness ~1 ~ Print Name/Address Below: 6289 BUrnham Road' Naples, Florida 34119 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent By: ~/~'~'",.. ,' / .,.-. ~.-"-~ gANDRA HESSE, Vice Presiden~ 6289 Burnham Road Naples, Florida 34119 Witnegs #2 ~ u- Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 (Corporate Seal) QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation Witnes~ #1 Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 wi~t~ne~s Print Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 By: SANDRA HESSE, as Pre-~ident 6289 Burnham Road Naples, Florida 34119 QBNAP\ 131837 . O 1 -2 - OR: 2392 PG: 2101 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Chairman Attest: DWIGHT D. BROCK, Clerk of Courts By: Approved as to form and legal sufficiency: Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of C~3~- , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. ~OTARY -PUBL~ c My Commission Expires: (Print name below) Notary Public Serial $ (if any) (SEAL) QBNAP\ 131837 . 01 -3 - OR: 2392 PG: 2102 STATE OF FLORIDA COUNTY OF COLLIER 120 The foregoing instrument was acknowledged before me this $~. day of O~b~~ , 1997, by SANDRA HESSE, as President of QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. My Commission Expires: · ,>.~ ~ oF~,c,AL .o~^R* O' ._/. BETH J BROWN , .~';~ ~ COMMISSION NUMBER NOTARY~,PU~L~IC (Print name below) Notary Public Serial # (if any) (SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this daY'of , 1997, by Timothy Hancock, as Chairman of BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (SSAL) Notary Public Serial # (if any) QBNAP\131837.01 -4- I I I I II I I I II III IIIIIII IIIIII1~11111 I OR: 2392 PG: 2103 *** .< Z < m This i~str~mcnt p~parcd by and after rccording return to: Leo J. S~h,'ntori. Er. quire Ouadcs & Brady 4501 Tamiami Trail North Suite 300 Naples, Flor~dn 34103 2285298 OR: 2392 PG: 2104 02/26/~a at 12:15P~ D~IG~T E. BROCK, CHH R!C ~H Ii.00 C0PI~i 5.00 CL3RK TO TEE ~OARD I~TE~O~FIC~ ,TH,LOOR 1 2C VACATION OF DRAINAGE EASF~ZNT (Block A, Lot 10) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Developer"); QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE BOARD OF COUNTY COMMISSIONER8 OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County")· WITNESS ETH: WHEREAS, Developer is the. developer of that certain subdivision known as Quail West Unit One, Replat Block A, according to the plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"). WHEREAS, Developer desires to vacate said Drainage Easement. WHEREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may have in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Premises from the Drainage Easement now encumbering the same as further described in the plat for Quail West Unit One, Replat Block A. It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. QBNAP\131835. O1 OR: 2392 PG: 2105 In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL WEST, LTD., a Florida limited partnership, Witnes~, #1 L Print Name/Address Below: 6289 BUrnham Road Naples, Florida 34119 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent By:-.- SANDRA HESSE, V~ce President 6289 Burnham Road Naples, Florida 34119 Witness Print Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 witness\#1 3 Print Name/Address Below: 6289 Burnha~ Road Naples, Florida 34119 Witness #2 ~ W~- Prin~ Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 (Corporate Seal) QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation ~ANDRA.,HESSE, as President 6289 Burnham Road Naples, Florida 34119 QBNAP\131835.01 -2- OR: 2392 PG: 2106 BOARD OF COUNTY COMM ER COLLIER COUNTY, FLORIDA By: Chairman Attest: DWIGHT D. BROCK, Clerk of Courts By: Approved as to form and legal sufficiency: By: Assistant 'County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this %o~6~day of ~D~- , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission ExPires: NOT~L~ PUB~{ ~ (SEAL) (Print, name b~low) Notary Public Serial # (if any) QBNAP\ 131835 . 01 -3 - OR: 2392 PG: 2107 STATE OF FLORIDA COUNTY OF COLLIER 12C The foregoing instrument was acknowledged before me this ~ day of (.'c .~.;1~,t' , 1997, by SANDRA HESSE, as President of QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. My Commission Expires: NO~ARY~PUB~IC (Print name below) Not-~ry Public Serial # (if any) (SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing ,instrument was acknowledged before me this ~ day of (~j~L~ , 1997, by Timothy Hancock, as Chairman of BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, who is personally known to me. My Commission Expires: ~OT~RY'BUBLIC (Print name below) (SEAL) Notary Public Serial # (if any) 9BNAP\ 131835 · 01 -4- *** OR: 2392 PG: 2108 *** \ o o¢ ~z~ Return to: Board of Collier Count/ Commissioners This instrument prepared by: Izo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Flori~ 34103 2285299 OR: 2392 PG: 2109 RKORDD in OPFICIAL RHCORD$ of COLLlla 02/2~/9E at i2:I~PM D~iGHT ~. BROCk, COPIES BILL OF SALE (Block A, Lot 2) THIS BILL OF SALE evidencing the sale and conveyance of the drainage facilities described herein is made this ';~. ~ day of ('.~ 1;, ,- , 1997, by LONDON BAY CONSTRUCTi6N, INC., a F~ri~a corporation and MARK WILSON and GEMMA WILSON, husband and wife (hereinafter collectively referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). W I T N E S S E T H: ,' That said Seller, for and in consideration of the sum of TEN ($10.OO) DO'r,T.A.RS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set-over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain stormwater drainage facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against QSNAP\131796.O1 -- 1- OR: 2392 PG: 2110 1. 2C the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: Print Name Below: By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida corporation, · , ' ,., · .: . :~ .]: Ma~"Di' Wilso~ a~-President :_.~ ,,..'.,,: ..,..?.' Print Name Below: Wit~ess #1 Print Name Below: Print Name ~elow: . Mark D.~'W'ils'on~ i~di'~idually Gemma Wilson, individually STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this j"' . " 1997 by Mark D Wilson, as ,.~ ~ day of ~ , "~' h. , , · President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. NOTARY PUBLIC (SEAL) (P,rint name b.elo,w)~ . il.' '{ '-, ~ t ~ · , . ! * .~, ~, My Commission Expires: -2- OR: 2392 PG: 2111 STATE OF FLORIDA COUNTY OF COLLIER The. foregoing instrument was sworn to and subscribed before me this ~ day of , 1997 by Mark Wilson and Gemma Wilson, husband and wife, who are personally known to me. My Commission Expires: Notary Public Serial ~ (if any) (Print name below) QBNAP\131796.01 --3 -- Rctum to: Board ot'Collicr ¢ounly Commissioners This instrumc'nt prcT, ar~l by: Leo J. Salvatori, Esq. Quarlcs & Brady 45OI Tamiami Trail North Suite 300 Naples, Florida 34 IO3 2285300 OR: 2392 PG: 2113 RECORDED In OPFICIAL RECORDS of COLLIER COUN:I, ~L 02/26/98 a; 12:15H DWIGHT g. BROCK, CLBRK R~C ~H I},00 ~OPI~S 1. O0 CLERK TO THE 50ARD EIT 72~ BILL OF SALE (Block A, Lot 6) THIS BILL OF SALE evidencing the sale and conveyance of the drainage facilities described herein is made this '..' ~ _~ day of ; I,, , 1997, by LONDON BAY CONSTRUCTION, INC., a Florida c0r~oration (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDAt AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). W I TN ES SETH: That said Seller, for and in consideration of the sum of TEN ($10.OO) DOr.rJ~S and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred; set-over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain stormwater drainage facilities lying within the following described land, together with appurtenant easement rights for the operationr installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. ~NAP~131831.2 OR: 2392 PG: 2114 IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: Witness #1' Print Name Below: Print Name-Below: / By: (Corporate Seal) LONDON BAY CONSTRUCTIONv INC., a Florida corporat/ion,~ , s ; i ~,~' ~- , . _ Mark D. Wilson', as President-~- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this '.. ~ day of ~ I ? i , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. ~ My Commission Expires: NOTARY PUBLIC (Print name below) (SEAL) QBNAP\ 131831.2 *** OR: 2392 PG: 2i15 *** Rcturl~ Board of Collier Count), Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285301 OR: 2392 PG: 2116 ~C ~[ 15.00 C0HH BILL OF SALE (Block A, Lot 10) THIS BILL OF SALE evidencing the sale and conveyance of the drginage facilities described herein is made this ']_~: ~ day of (, I..t. ~. , 1997, by LONDON BAY CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE OOYERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNINO BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). W I TN E S SETH: That said Seller, for and in consideration of the sum of TEN ($10.OO) DOLLARS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set-over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain stormwater drainage facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to at utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OBNAP\ 131032.2 -- 1- OR: 2392 PG: 2117 120 IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: Witness #l Print Name Below: Print Name Below: By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC. a Florida corpor.alion, Mark D. Wilson, as-President .... STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this '?~, day of ~ \;.~, ~.! , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Pr~int name bolo,wt (SEAL) QBNAP\131832.2 --2 -- *** OR: 2392 PG: 2118 *** Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North S~te 300 Naples, Florida 34103 2285302 OR: 2392 PG: 2119 92/2f/gf a: 12:i57M DWIGHT E. ~EC ~E 15,00 CLERK TO THE BOARD UTILITY FACILITIES SUBORDINATIONt CONSENT AI~D JOINDER (Block A, Lot 2) THIS SUBORDINATION, CONSENT AND JOINDER given this [ day of [~_A.,-,,n-/L,,- , 1997, by and between BARNETT BANK, N.A., a national banking association, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ;kS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTR/CT, its successors and assigns (hereinafter referred to as "County")· Mortgagee is used as singular or plural, as the context requires. W I TNES SETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., now held by BARNETT BA/gK, N.A., recorded September 17, 1997, in Official Records Book 2347, Page 908, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinaf[er referred to as the "Easement Property" WHEREAS, County has requested that Mortgagee consent to, join~ in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the QBNAP\ 133264.1 OR: 2392 PG: 2120 Easement Property and any interest of the County in any stormwater drainage facilities ~ocated tkerein or affixed thereto. Except as subordinated to tke easement described kerein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, saic :<$rtgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has "aused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: (Corporate Seal) B~ETT BA/qK, N.A., a national banking a.ssociation ~ ) By: ,.?~. ,,' ... ..: W~th~s'~l ' - -- as ?' ,Vice'President Prin~ ~me/Address Below: (Pri-~t ~,ame/Address Below) ~itn~'ss # 2 ! ' Print Name/~ddress Be'low: STATE OF FLORIDA - COUNTY OF ~ The foregoing instrument was ackno~le~,ged.befp~e m~ this day of O~ , 1997, by ~ '~~. ~2~' , as Vice President of BARNETT BA/qK, N.A., who is personally known to me. My Commission Expires: Il ,~.,".'.'~ KATHRYN A. B~ELOW 'Il II (Print name below) Notary ~ublic ¢ Serial .~ (if any) Page 2 *** OR: 2392 PG: 2121 *** ; '~ :- Illli/lll / ... 2285303 OR: 2392 PG: 2i22 Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarlcs & Brady 4501 Tamiarni Trail North Suite 300 Naples, Florida 34103 R~CORD~D in O~HCI~L R~CO~D$ O[ COLLiB~ ~2/26;H a% !2:15~M DWIGHT B. BROCK, Retn: CS~RK TC TH~ ~O~RD ZNT~O~!C~ ~TH ~LO0~ 3.00 UTILITY FACILITIES SUBORDINATIONt CONSENT AND JOINDER (Block A, Lot ~) THIS SUBORDINATION, CONSENT AND JOINDER given this / day of (_z~r~',/.,~..'..-- , 1997, by and between BARNETT BANK, N.A., a national banking association, (hereinafter referred to as "Mortgagee"), in favor of the BOAJ~D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, A/gD AS EX-OFFICIO THE GOVERNING BOA.RD OF THE COLLIER COUNTY WATER- SEWER DISTB.ICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I TNE S S ET H: WHEREAS, Mortgagee is the owner and holder of those certain Mortgages from MARK WILSON and GEMMA WILSON, husband and wife, now held by BARNETT BANK, N.A., recorded in Official Records Book 2347, Page 937; and Official Records Book 2347, Page 945, both of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that QBNAP\ 133268.1 OR: 2392 PG: 2123 certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Witness #1 Print Name/Address Below: 11~'5~ :]',,~J(', Prin~ Name/~ddress Below: ~ ~Z~ (.,J, qq MORTGAGEE: (Corporate Seal) BARNETT BANK, N.A., a national banking association as ....,- Vice. Eresident (Print Name/Address Below) STATE OF FL~ORID~ COUNTY OF .i'o-£t( ~ · The foregoing instrument was aqknowledg~d befor~me this /~ day of [')_.,r u~...iu., , 1997, by.':r ~,,..~ . / ,.' . '/' , as , Vice President of BA~RNETT BANK, N.A., who is personally known tO '.i ?~.:,." 9 ' -"' : ~_ __".,,_.,,:._._._~._~_ ~.~,~,~ ~.,,~ , My Commission Expires: NdTARy PUBLIC/ (SEAL) (Print name below) ~,,'i 1,,~, .., .-l l ~, ~"r ,: la ~, Notar~Pu~lic ~ Serial # (if any) QgNAP\ 133268.1 Page 2 *** OR: 2392 PG: 2124 *** 12C 2_'~' Rctum to: Board of Collier County Commissionc~s Th~s instrumcnt preparcd by: ~ J. Salvatori, Esq. Quarics & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285304 OR: 2392 PG: 2125 RRCORDD in 0FFI¢IA~. HCORDS of COLLIl~lt COUff?¥. HC H~ I5.00 COPIES 2.00 UTILITY FACILITIES BUBORDINATION, CONSENT AND JOINDER (Block A, Lot 6) THI, S .SUBORDINATION, CONSENT AND JOINDER given this I(~i;,% day of..'~,.~_.. ~ ),- ~. , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AbTD AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTR/CT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T N E S S E T H: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., a Florida corporation now held by QUAIL WEST, LTD., recorded April 7, 1997, in Official Records Book 2302, Page 1268, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that QBNAP% 133321 · 1 · OR: 2392 PG: 2126 certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: QUAIL WEST, LTD., a Florida limited partnership By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent Print Name/Address Below: ! By: Sandra Hesse, as Vice President 6289 Burnham Road Naples, FL 34119 Wit~,ess # 2/("- Print Name/Address Below: ..... J,/- ! STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ~7-k-/-~x~ , 1997, by Sandra Hesse, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. QBNAP\ 133321 . 1 (Pridt name ~elow) / h,E'.. Page 2 *** OR: 2392 PG: 2127 *** IIII1! I IIII II I IIIII II I II II II I II ........... Rclurn to: ~oard of Collicr County Commis.,~ionen This instrument prepared by:. Leo ~I..Salmori, Er, q. Quad~ & Brady 450! Tamiami Trail ~onh Suite 300 Naples. Florida 34103 2285305 OR: 2392 PG: 2128 02/2.~/L; at. 12:!.~?~ DtiGRT ~. BROCI:, Re:n: CLRRK TO TEE BOARD INTRR~?FICE 4TH FLOOR UTILITY FACILITIES SUBORDINATION, CONSENT A/~D JOIND~R (Block A, Lot 6) THIS. SUBORDINATION, CONSENT AND JOINDER given this .% day of ~C~;~\ , 1997, by and between ROYAL BANK OF CANADA, a Canadian chartered bank, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUN~, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T N E S S E T H: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. nqw held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which ~s hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater QBNAP\131888.01 OR: 2392 PG: 2129 1 2C drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: (Corporate Seal) ROYAL BANK OF CANADA, a Canadian chartered bank ' ~Itness #1 Print Name/Address Below: /.}! ~"' 't:.. .', ! ;Iv By: T. W. McCabe, as Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 Witness # 2 Print Name/Address Below: STATE OF NEW YORK COUNTY OF NEW YORK The_~oregoing instrument was acknowledged before me this ' '~ day of .' . , 1997, by T.W. McCabe, as Manager of ROYAL BANK OF CANADA, a Canadian chartered bank, who is personally known to me. My Commission Expires: CARMEN BRUZON Pubhc. State o~ New York No 41-4979240 C)uat,f,ed Jn (~ueens County Commission Expires March 25. QBNAP\ 131888 . O1 NOTARY PUBLIC (Print name 'below) (SEAL) Notary Public Serial # (if any) Page 2 *** OR: 2392 PG: 2130 *** 89'54'40' Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples. Florida 34103 2285306 OR: 2392 PG: 2131 R~CORDED in 0HICIAL RECORDS of C0LLI~R COUXTL UTILITY FACILITIES SUBORDINATIONt CONSENT AND JOINDER (Block A, Lot 10) THIS S.UBORDINATION, CONSENT AND JOINDER given this Ix~.~(,.~ day ., , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Mortgagee"), in favor of the BOA/{D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I TNES SETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., a Florida corporation now held by QUAIL WEST, LTD., recorded April 7, 1997, in Official Records Book 2302, Page 1268, of the Public Records of Collier County, Florida. WHERF~, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has %n the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLI2%RS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that QBNAP% 133322.1 I I II Iii I I II II IIIII IIIIIIII I II I I I I III II OR: 2392 PG: 2132 certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: QUAIL W~ST, LTD., a Florida limited partnership By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent Print Name/Address Below: By: Sandra Hesse, as Vice President 6289 Burnham Road Naples, FL 34119 Print Name/~ddress Below: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /~ _~2~ day of : C'~-'~%~-/~ , 1997, by Sandra Hesse, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL W-EST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NOT~Y PUBLIC~' / (SEAL) (Print name b'elow) Page 2 · o *** OR: 2392 PG: 2133 *** 120~2~ R.~t u rt~ IO: Boa~ of Colfi¢~ Counly Commi~ionc rs This instrument prepared b~ Leo J. Salvatori, [i~q. Quarle~ & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285307 OR: 2392 PG: 2134 RECORDED in OffICIAL RECORDS cf COLLIER COt~,~?L ~, I~.00 ~.00 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER (Block A, Lot 10) THIS SUBORDINATION, CONSENT AND JOINDER given this '-t~'/% day of .~"'. · [ __:. :~' ;'.,' 't~ ~ , 1997 , by and between ROYAL BANK OF CANADA, a Cafi~dian chartered bank, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COT.f.IER COUN"£¥, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I TN E S SETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater QBNAP\131889.01 OR: 2392 PG: 2135 drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: (Corporate Seal) ROYAL BANK OF CANADA, a Canadian chartered bank · Wi'tness Print Name/Address Below: ..,( T. W. McC~b~', as Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 Witness # 2 Print Name_/A~dress Below: STATE OF NEW YORK COUNTY OF NEW YORK The.~o~egoing instrument was acknowledged before me this day of .. _.... , 1997, by T.W. McCabe, as Manager of RO¥~ B3~-K OF C3~ADA, a Canadian chartered bank, who is personally known to me. My Commission Expires: CARMEN BRUZON Notary PubhC. Sta~e of New York No 41-4979240 Ouahf,ed In Oueens County (:ornm,ss~on Exp,res March 25. 1~ NOTARY ~UBLI.'C , (SEAL) (Print name below) Notary Public Serial # (if any) QBNAP\ 131889.01 Page 2 *** OR: 2392 PG: 2136 *** 120 ~'~I Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvntori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285308 OR: 2392 PG: 2137 !9.50 .7~ ] 2C,"2 DRAINAGE EASEMENT (Block A, Lot 2) THIS EASEMENT, granted this *,'. ~ ! day of ! ~, ,' , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, and MARK WILSON and GEMMA WILSON, husband and wife, collectively as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTYt FLORIDA, its successors and assigns, as GRANTEE. WI TNE S SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.OO) DOT.T3tRS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and it~ assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP\ 131766.2 OR: 2392 PG: 2138 120 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness $1 Print Name Below: Name~ ,Betow~ ~itness ~l Print Name Below: Print Name Below: By: (Corporate Seal) LONDON BAY CONSTRUCTiONt INC., a Florida corpor, ation, MarkeD. Wilson, as President Mark D. Wilson, i~dividually Gemma Wilson~- individually STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ..~,\ day of ~ ' ,, ,~ , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (SEAL) (Print name below) -2- ......... iii[ii illn ,[[ OR: 2392 PG: 2139 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this /4 ~.:lday of : ! , ~. , 1997, by Mark Wilson and Gemma Wilson, husband and wife, who are personally known to me. My Commission Expires: (t ~-,~:~_ ~,~ ~.~: ~ ~o, ~ Il NOTARY PUBLIC (sEAL) (Print name below) QBNAP\131766.2 --3-- *** OR: 2392 PG: 2140 *** 120 2~ Rctum to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2285309 OR: 2392 PG: 2141 ,~.%0~,DED In OFFiCiAL HCORDS of COLLiL:, ~2!2~/~-~.:[ ~2'iu". . .... D~IGH~ CLERK TO Trig BOARD rig !5.00 D0c..70 .?0 12C DRAINAGE EASEMENT (Block A, Lot 6) THIS EASEMENT, granted this ) ? I day of . .~. { ... , 1997, between LONDON BAY CONSTRUCTION, a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. W I TN ES SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.OO) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. OBNAP\131841.2 OR: 2392 PG: 2142 IN WITNESS WHEREOF, the GRANTOR has caused these presen :o be executed the day and year first above written. Signed, sealed and delivered in our presence: Print Name Below: By: (Corporate Seal) LONDON BAY CONSTRUCTIONt INC., a Florida corporation, M~k'~. Wilson, as President" STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this %.~.:~, day of / ~ , , {.L , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (P. rint name below) ~'1.. ~ 1,.i, .1 ~' ,'' (sEAL) QBNAP\131841.2 --2-- *** OR: 2392 PG: 2143 *** 120 Rctum Board o£ Collic~ CoLmty Commissioners This instnunent prepared by: Leo J. Salvmori, Esq. Quarlcs & Brady 4501 Tamiami Trail North Suite 300 N-ples, Florid~ 34103 2285310 OR: 2392 PG: 2144 ~2/L!/SB at 12:I5PM DWIGHT E. BROCK, CLERK REC PRE 15.00 DUC-.70 .70 COPIES 3.00 12C 2, ~v' :?'7- o ~/ DRAINAGE EASEME~ (Block A, Lot 10) THIS EASEMENT, granted this ',"4.,, day of " 'i.. , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUIq~Y, FLORIDA, its successors and assigns, as GRANTEE. W I TN E S SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOT.TARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP\ 7~318¢2.2 OR: 2392 PG: 2145 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: ~itnes~ ~'1 P~int Name Below: t't ~, i,. .. By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida corporation, I M~rk'D. Wilson, as Pre'sident Print Name Below: · STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this .. ~day of ~' ' ; ~ ~ , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (SEAL) , ~ QSNAD\~32842.2 --2-- *** OR: 2392 PG: 2146 *** To: Clerk of the Board: Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Please place the following as a: ]2C- / X/ Normal Legal Advertisement / l'-q/ Other: (Display Adv., Iocalion, etc.) Originating Dept/Div: Transportation/Public Works Person: Rick Grigg Date: !-,~--.~,-~ (Sign clearly) ~,~ ~_____~,z;:,"/~,.,~__~ Petition No. (If none, give brief description): AV 98-002 Petitioner: (Name & address): Vineyards Development, 98 Vineyards Blvd., Naples, FL 34119 Name & Address of any person(s) to be notified by Clerk's Office: See List of Adjacent Property Owners (If more space needed, attach separate sheet) Hearing before: /X/BCC ! /BZA / /Other Requested hearing date: February 24, 1998 Based on adve~isement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important IX~, lXl Naples Daily News or legally required/X/) / / Other Proposed Text: (Include legal description & common locations & size): PETITION AV 98-002 TO VACATE A PORTION OF A 12' WIDE LAKE MAINTENANCE EASEMENT IN LOT 5 AND TO VACATE A PORTION OF A 15' WIDE DRAINAGE EASEMENT IN LOT 24, ACCORDING TO THE PLAT OF "TIERRA LAGO", AS RECORDED IN PLAT BOOK 24, PAGES 20 AND 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes iX/ No/~/ If yes, what account should be charges for advertising costs 101-163610-649100 Reviewed ~~ Date ~//:~$ Approved by: Date Division Head Ed Ilschner County Administrator Robert F. Fernandez List Attachments: (1) Resolution (2) Legal Description (3) List of Adjacent Property Owners DISTRIBUTION INSTRUCTIONS For hearinos before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal documents is involved, be sure that any necessary, legal review, or reouest for same. is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: B. /X/ County Manager agenda file; IX/ Requesting Division; IXl Original to Clerk's Office Other hearings: Initiating Division Head to approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Date ACvertised pate of P.H, ~ OF PAGES ~ (including this cover) !!!!11111111111111111111111111111111111111111111111111111111111 TO: MS. JI]DITH F;~%NAC. AN LOCATION: NAPLES DALLY NEWS FAX 1~O.: COMME~S: 263-4864 Iii!!1111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courtho:se FAX ttO: (813) 774-8408 , PIIONE ' NO: (813) 774-fl406 17:14 ~'01'49 9412636091 12:11 ~'01'50 92634864 OK OK [oacseese~.~6c x I I Time sent: January 27, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition AV-98-002 Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800835 PUBLIC NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on February 24, 1998 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Rick Ewing, P.S.M., of Coastal Engineering Consultants, Inc., as agent for the petitioners, Alfred Fraga and Vineyards Development Corp., requesting the vacation of a portion of a 12' wide lake maintenance easement in Lot 5 and the vacation of a portion of a 15' wide drainage easement in Lot 24, according to the plat of "Tierra Lago", as recorded in Plat Book 24, Pages 20 and 21, Public Records of Collier County, Florida. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) January 28, 1998 Mr. Rick Ewing, P.S.M Coastal Engineering Consultants, Inc. 3106 Horseshoe Drive South Naples, FL 34104 Re: Public Hearing to Consider Petition AV-98-002 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure January 27, 1998 Mr. Alfred Fraga 7108 Barrington Circle ~201 Naples, FL 34108 Re: Public Hearing to Consider Petition AV-98-002 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure January 27, 1998 Vineyards Development 98 Vineyards Boulevard Naples, FL 34119 Re: Public Hearing to Consider Petition AV-98-002 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and again on Sunday, February 15, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure II IIII I I II II II IIIIIIIIII II I III II II IIIIIIIII ......................................... Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST I~O. BOX 413044 NAPLES. I:LORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS January 27, 1998 Re: Notice of Public Hearing to Consider Petition AV-98-002 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998 and Sunday, February 15, 1998. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 2C- WIII,:I/,I,:A.~. Imrst,am ~t~ ~,.'cti,,',t~ I"'"' lUl. Ih. Ma .%t;LIuIcS. 14li,,.'k (.Mastal Engi,~curing {.'o,~suhants, Inc.. as u~cnt tbr thc p,,:lilkm,:r.~. ,\llred I:rap:, m~d Vit~:'yards I)cv,.'h,l'mTcnl {.'t,rp.. does hereby request the sacatiO]l ,,t'thc aboxc mcrditmed ~.'a.'iqlllqlllN; and WIII,:IiI.:AN. the lh:artl has this tl',i) held a Iml:lic hearing I. c.::si&':' var'riling said qaSClllqlllS iii Illt)r~ l~illy &scribed bdm~. nnd notice :,l ~aid public he:iri,[ to ~ il~;ll~ ~':l~ liven as requirc, l by lax~: und :.VI l I': R I':AN. Iii:.' ~rantil'i~ i. ll' Iht ~ ;P.'ill i~ Ill ',A ill i:, 't ad', er.,,el )' a I lo.'t thc ::~* n::rship ::r ri~hl :Il' ~OlP, Cllh:lll a6~'~.'~,'~ of' ofl,.'r property ip,~,11,.,l ~. N{J9,'. lllll.:Rl.:l.'()l,tli, llli II I,tl:~()l.\'l'.l) IW Jill': II()ARI) (IF ('()IINI'Y {'()MMINNI( )~I~R~ ( )1: ('()I.I,II(R { '{ )t ~ I'%'. H.( )RII )A. that thc f.llm~in~ I~. ami is h~ruby ~ aC;lied: Ncc I:xhilm "A" ;Ittachcd hcrct:, alld ill<'m p, qat~d hcrci. BE l'l* I"I*I~,'IIlII!R RI(N()I.VI(I). th;it the {.*lcrk ts hereby directed t, fcc.rd n certified copy of this Rcstflutit,i ix1 the I'ulflic I&'c(,'ds of ¢*,,lli:.'r ('ou,ty. FI-rida. ami I, m.'ik,,: pr.per ltt:liltit~l'~ of these ,,acatiOli~ t)l! the rccord,:d plat tis t',.'h:t,.'n~cd abo~,c. lhi~ rc~.4utJoll adt)ptctJ al'tot 111tlll;ill. s',.'C;qRJ and ina .ill,,' % :*lc liP, .rin~ ~.;IlII~.L I)ATI{I ): ,.\ I'1 I(S I: I)WItiIH' 1(. 1:JR( )('K. ('lcrk Itt ),-\ R I ) ( JIt '( )l :NI Y ('()M .",,II.'.,;N l( )NIiRS ('( }l I II.R t ( ,I 'N 1%1'o Il( ,'\lT:r::',¢d ils h: Ibmi h:gal sul'ficienc~: I lcidi I'. Ashh,! ,'\ssislalll (.'Otlllty /kltt)rnt.'y ILtil,,:f.i lT. I~,cfJ",, Ch;mlUan ENGiNEERiNG CONSULTANTS INC EXIIIBIT "A" LOT 24, TIERRA LAGO PORTION OFA 15' WIDE DRAINAGE EASEMENT TO BE VACATED DESCRIPTION A parcel of land lying in that part of' Lot 24 of Tierra Lago, a subdMsion recorded in Plat Book 24, Pages 20 and 21 of' the Public Records of' Collier County, Florida being described as follows: Commencing at the southeast comer of said Lot 24 run N88°09'38"W along the south line &said Lot 24 for 119.21 feet; thence leaving said lot line N01°50'22"W 10.03 feet to the southerly most. corner ora concrete slab and the POINT OF BEGINNING; thence along the westerly line ofsaid concrete slab N08°I0'IT"W 5.05 feet to an intersection with the north line ora platted 15 foot wide drainage easement; thence along the north line of said easement S88°09'38"E 28.86 feet to an intersection with said southerly line of concrete slab; thence along said line S81°45'31'W 28.42 feet to the POINT OF BEGhNNING. The above describes an area of approximately 72 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTAN'TS, INC. FLO~hj, k BUS/~%UTHORIZATION NO. LB 2464 ,~ _ ' P. ich 7 Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE PuN'rD THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC Fn..E NO. 97.283 DATE SIGNED:/- '~' ~$ 3106,5. HORSESHOE DRIVE · NAPLES, FLOPdD,:, 32 0zI · (o41~ t,4,.,-,._..., · VAX (~4~'~ 643-1143 Z 0 E- l 2C-~ ~ ENGiNEERiNG CONSULTANTS INC EXHIBIT "A" 12C- LOT 5 TIERIng, LAGO, VINEYARDS PORTION OF PLATTED 12' WIDE LAKE MAINTENANCE EASEMENT {TO BE VACATED) A parcel of land lying in Lot 5 of Tierra Lago, a subdivision recorded in Plat Book 24, Pages 20 and 21 of the Public Records of Collier County, Florida being described as follows: Commencing at the southwest comer of said Lot 5 run N82°21'26"E along the south line of said Lot 5 for 40.14 feet; thence N07°38'34"W 2.00 feet to the POINT OF BEGINNING; thence continue N07°38'34"W I0.00 feet to an intersection with the northerly line of a platted lake maintenance easement; thence along the northerly line of said lake maintenance easement 55.68 feet along the arc of a curve concave to the south having a radius of 312.00 feet, a central angle of 10013'28" and a chord of 55.60 feet, beating N87°28'10"E; thence leaving said northerly line S02°34'54"W 10.00 feet; thence 53.89 feet along the arc ora curve concave to the south, having a radius of 302.00 feet, a central angle of 10°13'28'' and a chord of 53.82 feet, bearing S87°28' 10"W to the POINT OF BEGINNING. The above describes an area of approximately 548 square feet ofland. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, hNC. Richard J. Erring, V.P. / Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FiLE NO. 97.283 DATE SIGNED: 3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 3..: 04 ,, (9,I1) 6,13-.-,:44 * FAX (941) 643-1143 TIERRA LAGO WAY ~, i~TRACT "A". ;I Owner. CoOwner Site Mail Xfered Price · .......... : MetroScan/Collier :VINEYARDS DEV CORP /' / : 1922 TIERRA LAGO waY NAPLES 34119 / 98 VINEYARDS BLVD NAPLES FL 34119 % : Doc #: : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 1 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot Sq Ft: · : MetroScan/Collier : Owner :VINEYARDS DEV CORP CoOwner : Site :918 TIERRA LAGO WAY NAPLES 34119 Mail :98 VINEYARDS BLVD NAPLES FL 34119 Xfered : Doc #: Price : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 2 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot Sq Ft: Folio #:76765000227 Strap #:147225 14B05 Land :$80,000 Struct : Agric :12 -~ Total :$80,000 %Imprvd: % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner :941-353-1551 Tenant : A/C SF: AdjSF: Folio #:76765000243 Strap #:147225 24B05 / Land :$80,000 Struct : ~ - Agric : / ~ Total :$80,000 / %Imprvd: % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner :941-353-1551 Tenant : A/C SF: AdjSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * : MetroScan/Collier : 'Owner :FRAGA ALFRED CoOwner : ~ Site :906 TIERRA LAGO WAY NAPLES 34119 Mail :7108 BARRINGTON CIR #201 NAPLES FL 34108 Xfered :05/09/97 Doc #:2312-0211 Price :$125,000 Deed :WARRANTY Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 5 Sub/Plat:TIERRA LAGO Census :Tract R:26E T:49S S:05 Lot Acres: Block Lot Sq Ft: Folio #:76765000308 Strap #:147225 54B05 Land :$85 Oy Agric : Total :$85,000 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$1,260.19 -- Phone -- Owner : Tenant : A/C SF: AdjSF: Owner :LOOVELLO JOHN D & JOAN I CoOwner : Site :902 TIERRA LAGO WAY NAPLES 34119 Mail :15 BERKSHIRE DR WARREN NJ 07059 Xfered :05/01/96 Doc #:2177-1467 Price :$450,300 Deed :WARRANTY Loan Amt: Loan : VestType:MARRIED PERSONS IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 6 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 ---: MetroScan/Collier : Folio #:76765000324 Strap #:147225 Land :$95,000 Struct : Agric : Total :$95,000 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$1,408.43 -- Phone -- Owner : Tenant : Lot Acres: Lot Sq Ft: A/C SF: AdjSF: 64B05 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * .......................... : MetroScan/Collier 'Owner :ROWLEY ROBERT P & GISELA S CoOwner : Site :901 TIERRA LAGO WAY NAPLES 34119 Mail :901 TIERRA LAGO WAY NAPLES FL 34119 Xfered :06/22/95 Doc #:2071-1678 Price :$459,700 Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0001 RES,SINGLE FAMILY RESIDENCE Legal :TIERRA LAGO LOT 7 OR 2071 PG 1678 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot · Folio #:76765000340 Strap #:147225 Land :$90,000 Struct :$193,780 Agric : Total :$283,780 %Imprvd:68 % Owned: 12C- ~ Exempt : Amount : Millage:14.8254 1996 Tx:$4,207.16 -- Phone -- Owner :941-352-7522 Tenant : 74B05 Owner CoOwner :RIPLEY KATE R Site :905 TIERRA LAGO WAY NAPLES 34119 ~ Land :$85,000 Mail :3100 LAUREL RIDGE CT BONITA SPRINGS FL 34134truct : :CRISSMAN SAMUEL S Folio #:76765000366 Strap #:147225 MetroScan/Collie~ :- Xfered :03/05/97 Doc #:2291-0257 Price :$149,000 Deed :WARRANTY Loan Amt: Loan : VestType:JOINT TENANT IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 8 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Agric : Total :$85,000 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$1,260.19 -- Phone -- Owner : Tenant : 84B05 Lot Acres: Lot Sq Ft: A/C S~i ........... ~jSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. Owner :JOHNSON WALTER L/ROZANN CoOwner : Site :590 WEDGEWOOD WAY NAPLES 34119 Mail :208 MONTEREY DR NAPLES FL 34119 Xfered :09/19/96 Doc #:2230-1855 Price :$229,200 Deed :WARRANTY Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :WEDGEWOOD SUBDIVISION LOT 88 : : Sub/Plat:WEDGEWOOD SUBDIVISION Census :Tract Block R:26E T:49S S:05 --: MetroScan/Collier Folio #:81217002344 Strap #:156080 Land :$174,547 Struct : Agric : Total :$174,547 %Imprvd: % Owned:100 1 2C- Exempt : Amount : Millage:14.8254 1996 Tx:$2,587.75 -- Phone -- Owner :941-455-8655 Tenant : 884B05 Lot Acres:.43 Lot Sq Ft:18,730 A/C SF: * -: MetroScan/Collier : Owner :HEPP WILLIAM S/KAY W t CoOwner : / Site :586 WEDGEWOOD WAY NAPLES 34119 Mail :2437 KINGS LAKE BLVD NAPLES FL 34112 Xfered :02/18/97 Doc #:2284-1396 Price :$189,900 Deed :WARRANTY Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :WEDGEWOOD SUBDIVISION LOT 89 : : Sub/Plat:WEDGEWOOD SUBDIVISION Census :Tract Block R:26E T:49S S:05 AdjSF: Folio ~:81217002360 Strap #:156080 Land :$156,816 Struct : Agric : Total :$156,816 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$2,324.87 -- Phone -- Owner :941-793-1535 Tenant : 894B05 Lot Acres:.36 Lot Sq Ft:15,681 A/C SF: AdjSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. Owner :BACIGALUPI VICTOR C JR/CARMEN CoOwner : Site :945 TIERRA LAGO WAY NAPLES 34119 Mail :40 PRAIRIE FALCON DR NOVATO CA 94949 Xfered :06/02/97 Doc ~:2318-1964 Price :$413,000 Deed :WARRANTY Loan Amt: Loan : VestType:MARRIED PERSONS IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 18 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot Sq Ft: A/C SF: * ................. : MetroScan/Collier Owner :POWERS PATRICIA E CoOwner : Site :949 TIERRA LAGO WAY NAPLES 34119 Mail :949 TIERRA LAGO WAY NAPLES FL 34119 Xfered :05/15/97 Doc #:2313-3048 Price :$379,200 Deed :WARRANTY Loan Amt:$250,O00 Loan :CONVENTIONAL VestType: IntTy:VARIABLE Lender :SUNTRUST BK Land Use:0000 VACANT,RESIDENTIAL Legal :TIEPd~A LAGO LOT 19 : : Sub/Plat: TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: ....... : MetroScan/Collier Q_~u~-l'l~J~ ~J/J~--~'~.___ ----_, Lot Sq Ft: Folio #:76765000560 Strap #:147225 184B05 Land :$80,000 Struct : Agric : Total :$80,000 %Imprvd: % Owned:100 1 2C- ~ ! Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner : Tenant : AdjSF: : Folio #:76765000586 Strap #:147225 Land :$80,000 Struct : Agric : Total :$80,000 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner : Tenant : 194B05 A/C SF: AdjSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * : MetroScan/Collier 'Owner :VINEYARDS DEV CORP CoOwner : / Site '953 TIERRA LAGO WAY NAPLES 34119 ' Mail :98 VINEYARDS BLVD NAPLES FL 34119 Xfered : Doc #: Price : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 20 : : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot Sq Ft: Folio #:76765000609 Strap #:147225 204B05 Land :$80,000 Struct : ~ ~_ ~ ~ Agric : Total :$80,000 %Imprvd: % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner :941-353-1551 Tenant : A/C SF: AdjSF: Owner :ROACH JACK CoOwner : Site :957 TIERRA LAGO WAY NAPLES 34119 Mail :957 TIERRA LAGO WAY NAPLES FL 34119 Xfered :10/17/97 Doc #:2356-0468 Price :$396,200 Deed :WARRANTY Loan Amt:$250,000 Loan :CONVENTIONAL VestType: IntTy:FIXED Lender :AMTRUST BK Land Use:0000 VACANT,RESIDENTIAL Legal :TIERRA LAGO LOT 21 : : Sub/Plat :TIEPd~A LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: : MetroScan/Collier :--- Folio #:76765000625 Lot Sq Ft: Strap ~:147225 Land :$80,000 Struct : Agric : Total :$80,000 %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$1,186.03 -- Phone -- Owner : Tenant : A/C SF: AdjSF: 214B05 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. Owner :VINEYARDS COUNTRY CLUB INC CoOwner : Site :*NO SITE ADDRESS* Mail :400 VINEYARDS BLVD NAPLES FL 34119 Xfered :01/05/93 Doc #:1785-1845 Price :$7,389,000 Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0038 REC,GOLF COURSE,DRIVING RANGE Legal :THE VINEYARDS UNIT 3A TRACT "G-C" :LESS PARCEL 1.1, LESS TIERRA LAGO :PB 24 PG 20-21 Sub/Plat:VINEYARDS UNIT 3A,THE Census :Tract Block R:26E T:49S S:05 Lot Acres:il0.64 Lot Sq Ft:4,819,478 * ............ : MetroScan/Collier Owner :PROCACCI MICHAEL CoOwner :JOSEPH PROCACCI Site :*NO SITE ADDRESS* Mail :98 VINEYARDS BLVD NAPLES FL 34119 Xfered : Doc ~: Price : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0038 REC,GOLF COURSE,DRIVING RANGE Legal :THE VINEYARDS UNIT 3A TRACT "L-26" : : Sub/Plat:VINEYARDS UNIT 3A,THE Census :Tract Block R:26E T:49S S:05 Lot Acres:2.41 Lot Sq Ft:104,979 ......... : MetroScan/Collier : Folio #:80708201503 Strap #:155063 GC 14B05 Land :$2,732,052 Struct : Agric : Total :$2,732,052 %Imprvd: % Owned: ~ Exempt : i d C-- ~ Amount : Millage:14.8254 1996 Tx:$40,503.76 -- Phone -.- Owner :941-353-0505 Tenant : A/C SF: AdjSF: : Folio #:80708204500 Strap #:155063L-26 Land :$964 Struct : Agric : Total :$964 %Imprvd: % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$14.29 -- Phone -- Owner : Tenant : 14B05 A/C SF: AdjSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *= .... : MetroScan/Collier : 'Owner :TIERRA LAGO NEIGBORHOOD CoOwner :ASSOCIATION INC Site :*NO SITE ADDRESS* /.' Mail :100 VINEYARDS BLVD NAPLES FI, 34119 , Xfered :02/16/96 Doc 2:2150-0144 Price :$100 Deed :QUIT CLAIM Loan Amt: Loan : VestType: IntTy: Lender : Land Use:O094 MISC,RIGHT-OF-WAY,STREET,ROAD Legal :TIERRA LAGO TRACT A ROAD (RW) :(TIERRA LAGO WAY) : Sub/Plat:TIERRA LAGO Census :Tract Block R:26E T:49S S:05 Lot Acres: Lot Sq Ft: * ..... : MetroScan/Collier : Owner :VINEYARDS DEV CORP CoOwner : ~ Site :*NO SITE ADDRESS* Mail :98 VINEYARDS BLVD NAPLES FL 34119 Xfered : Doc ~: Price : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0096 MISC,SEWER/SOLID WASTE/PITS/SWAMP Legal :TIERRA LAGO TRACT B (DE)& LANDSCAPE :ESMT : Sub/Plat:TIERRA LAGO Census :Tract R:26E T:49S S:05 Lot Acres: Block Lot Sq Ft: Folio ~:76765000104 Strap =:147225 A Land :$200 Struct : Agric : Total :$200 12C-- ~ %Imprvd: % Owned:100 Exempt : Amount : Millage:14.8254 1996 Tx:$2.96 -- Phone -- Owner : Tenant : ............. ~j A/C SF: SF: Folio #:76765000159 Strap J:147225 B Land :$100 Struct : Agric : Total :$100 %Imprvd: % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$1.49 -- Phone -- Owner :941-353-1551 Tenant : A/C SF: AdjSF: 14B05 14B05 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ,., iii .................... III I II I~ II ............. IIIIIII I II I · * ........ : MetroScan/Collier Owner :CURTIS THOMAS J & LINDA M CoOwner : Site :461 LOGAN BLVD N NAPLES 34119 ~!ail :461 LOGAN BLVD N NAPLES FL 34119 Xfered :04/18/89 Doc #:1433-0829 Price :$35,000 Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0001 RES,SINGLE FAMILY RESIDENCE Legal :GOLDEN GATE EST UNIT 95 S 143.11FT :OF TR 11 OR 1433 PG 829 : Sub/Plat:GOLDEN GATE ESTATES UNIT 95 Census :Tract 104.03 Block 1 R:26E T:49S S:04 Lot Acres:l.61 Lot Sq Ft:70,131 · ..... : MetroScan/Collier Owner :CAMPOS JAVIER & JULIA CoOwner : Site :5404 5TH AVE NW NAPLES 34119 Mail :5404 5TH AVE NW NAPLES FL 34119 Xfered :02/05/91 Doc #:1590-1997 Price :$47,000 Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:O001 RES,SINGLE FAMILY RESIDENCE Legal :GOLDEN GATE EST UNIT 95 N 186.92FT :OF TR 11 OR 1590 PG1997 : Sub/Plat:GOLDEN GATE ESTATES UNIT 95 Census :Tract 104.03 Block 1 R:26E T:49S S:04 Lot Acres:2.13 Lot Sq Ft:92,782 Folio ~:41820440003 Strap ~:079600 11 04B04 Land :$24,150 Struct :$103,121 Agric : Total :$127,271 %Imprvd:81 % Owned: 12C- Exempt :HOMESTEAD Amount :$25,000 Millage:14.8254 1996 Tx:$1,516.20 -- Phone -- Owner :941-353-5058 Tenant : A/C SF:1,247 AdjSF:2,485 : Folio #:41820441002 Strap #:079600 Land :$31,950 Struct :$87,928 Agric : Total :$119,878 %Imprvd:73 % Owned: Exempt :HOMESTEAD Amount :$25,000 Millage:14.8254 1996 Tx:$1,404.86 -- Phone -- Owner :941-353-2650 Tenant : 11 14B04 A/C SF:1,493 AdjSF:2,670 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ~ .... : MetroScan/Collier 'C~ner :RUSCH THOMAS N & JUDY LEE CoOwner : Site :*NO SITE ADDRESS* ?~ail :2760 WESTMOOR RD OSHKOSH WI 54904 >~fered :06/04/93 Doc ~:1832-139.~ M ~rice :$65,000 Deed :WARRANTY Loan Amt:$48,000 Loan :CONVENTIONAL VestType: IntTy: Lender :PRIVATE Land Use:O000 VACANT,RESIDENTIAL Legal :GOLDEN GATE EST UNIT 95 W 150FT OF :TR 12 OR 1832 PG 1394 : Sub/Plat:GOLDEN GATE ESTATES UNIT 95 Census :Tract Block R:26E T:49S S:04 Lot Acres:.91 Lot Sq Ft:39,639 Folio #:41820520004 Strap #:079600 12 14B04 Land :$13,650 ~.~~ Struct : Agric : Total : $13,650 %Imprvd: % Owned:100 ! ~C- ~ Exempt : Amount : Millage:14.8254 1996 Tx:$202.37 -- Phone -- Owner : Tenant : A/C SF: AdjSF: --: MetroScan/Collier :EDWARDS ESTATE HARRY W · : Owner CoOwner : Strap #:079600 Site :561 LOGAN BLVD N NAPLES 34119 Land :$57,150 Mail :231 PLEASANT GROVE RD LONG VALLEY NJ 07853 Struct :$113,658 Folio #:41820560006 13 Xfered :11/15/95 Doc f:2119-1436 Price : Deed : Loan Amt: Loan : VestType: IntTy: Lender : Land Use:0001 RES,SINGLE FAMILY RESIDENCE Legal :GOLDEN GATE EST UNIT 95 TR 13 : : Sub/Plat:GOLDEN GATE ESTATES UNIT 95 Census :Tract 104.03 Block 1 R:26E T:49S S:04 Lot Acres:3.81 Lot Sq Ft:165,963 Agric : Total :$170,808 %Imprvd:67 % Owned: Exempt : Amount : Millage:14.8254 1996 Tx:$2,532.30 -- Phone -- Owner : Tenant : 04B04 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * ....... : MetroScan/Collier ©wne~ :ELETT WILLIAM H & TEDDY P CoOwner : Site :*NO SITE ADDRESS* ~ail :PO BOX 575 NAPLES FL 34106 >~fered :07/21/95 Doc ~:2081~003% Frice :$74,000 Deed :WARRANTY Loan Amt: Loan : vestType: IntTy: Lender : Land Use:0000 VACANT,RESIDENTIAL Legal :GOLDEN GATE EST UNIT 95 TR 14 : : Sub/Plat:GOLDEN GATE ESTATES UNIT 95 Census :Tract Block R:26E T:49S S:04 Lot Acres:3.84 Lot Sq Ft:167,270 Folio #:41820600005 Strap 7:079600 14 04B04 Land :$57,600 Struct : Agric : Total :$57,600 %Imprvd: ~ % Owned:lO0 ~ ~,.- ~ Exempt : Amount : Millage:14.8254 1996 Tx:$853.95 -- Phone -- Owner : Tenant : A/C SF: AdjSF: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News 12C-/ BOARD OF COUNTY COHH%SSIONERS ATIN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #800835 57641165 PUBLIC NOTICE Notice State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she servel as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published ~n said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/08 02/15 AD SPACE: 55.000 INCH FILED ON: 02/16/98 PUBLIC NOTICE Notice Is hereby given trot ~,e Bco'd of Co~rnl*,slo~s Of C~Ii~ C~n~ will h~d O ~bllc h~ing ~ F~y ~rd P~, Admtnl~ Building, C~ller Coun~ ~vernment Ce~er, Eost Tomlaml Troll, NO~Ies~ Florida. The m~tlng will A.~. Rick Ewl~ P.S.~, C~s~l Ena neerl~ ~, inc., os a~ f~ the ~etittoner% Alfred vet~e~ i~ ~e v~ton ~ a ~ of o ~i~e~e Lot S ~ ~e v~ ~ a ~1~ De a 15' wt~ ~ol~ ~e~ In L~ 24, occm~ · '~lerro L~", ed In PI~ B~ 24, P~s ~ o~ 21, P~IIt d Collier C~, F~. A~y per~ ~o es ~ ~eal o ~lsl~ d ~e a~d will ne~ o re. e~olnlng thereto and ~eref~e, en~ure ~ o v~m rec~d ~ t~ Is m~e, which rec~d clu~s ~e testl~y evlde~e ~ RD OF. COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA ~. BERRY, CHAIRMAN DWIGHT CLERK By: Isl EIIle Cle~ Signature of Affiant Sworn to and Subscribed before me this Personally known by me ~ , . day of 19 .' / RESOI.IFI'ION I:()R I'I!TITI()N AV ~)8-1)l)? T() V..\(':\TI.~ ,\ I'()RTI()N ()F A 12' WIDE LAKE MAINTEN,,\NCIi I{A.',;I~N, IENT IN I.()'1 5 .,\NI)T() VA(.',,\TI:~ A I'()RTION OF A 15' 1,AGO". AS REC()RDi!I) 1N Iq.AT B()()K 24. I'A(iliS 20 :\ND 21. l'ltlH.i(' R[:.C()RI)S OF COLI.iER CO! INTY, FI.()RII)A. WiiEREAS, purstmnt to section 177.101. Florida Statutes. Rick Exving. I'.S.M,. of Coastal Engineering ('onsultants. Inc.. as ;tgcnt Ibr thc petitioners. All?cd I"raga and Vineyards Development Corp.. docs hcrchv rcqucsl Iht vacation ol'thc above lUCnlJotlcd c[ISRlllCllJS; and XVliEREA.q. thc I~oard has this ti:iv held a imhlic hearing to consider vacating said easements as more fully described below, and notice of said public hearing to vacate was given as rcquiredby law: and WHEREAS. thc granting of thc vacation will m~t adversely affect die ownership or right of convellieut access of other property owners. N()W. 'l'lllfRlil:()l~l!. I?,1( I'l' I~,liS()l.Vl(l) I~Y Till! I~()ARI) ()F C()UNTY COMMI.'KSI()NI'iR.% ()1: ('()l.l.ll!R C()I I,N'I'Y. I"l.()Rll).-\. that the Ikdloxving he ;md is hen:by vat{lied: Sec I':xhiNt "A" ;ttt;icllctl hcrctt~ ;md incorp<,'atcd herein BE IT Ft~RTllER RIL";()I.\rF.I). that thc ('{crk is hereby di,'cctcd to record a ccrtilied copy of this Resolution in Iht I'uhlic Records of (',lli,.'r ('ountv. Florid:k and to make proper notation of these vacations cm thc recorded plat ;ts rcl;.:rcnccd abt~vc. Thi:,; resolution adopted al'tcr motion, sccortd and rna ority vote lhvoring same. DATED: ) ;'/ ,.¢.; ATTI-L',;'I': I)WIGI IT E. BR()CK. C'lcrk l~;( ).,\ R I) ( )1" ('()l IN'FY ('()M MISSI()NF. RS ('()I.I.]I!R ('()l INTY, I:[.()RII)A Approved as to lorlll legal st, fticicncv: ttcidi F. ,.\slmm Assislant Cot]ntv :\ttomcy 22'S490¢ 'OR: 23 2 PG: 1254 co~i~ 5.00 COASTAL ENGINEERING CONSULTANTS INC EXillBIT "A" LOT 24, TIERIb~, LAGO PORTION OF A 15' WIDE I)Ib'~INAGE EASEMENT TO BE VACATEI) DESCRIPTION A parcel of land lying in that pan of Lot 24 of Tierra Lago, a subdivision recorded in Plat Book 24, Pages 20 and 21 ofthe Public Records of Collier County, Florida being described as follows: Commencing at the southeast corner of'said Lot 24 run N88°O9'38"W along the south line of said Lot 24 for 11921 feet: thence leaving said lot line N01°50'22"W 10.03 feet to the southerly most corner ora concrete slab and the POINT OF BEGINNING; thence along the westerly line of said concrete slab N08°I0'I7"W 5.05 feet to an intersection with the north line ora platted 15 foot wide drainage easement; thence along the north line of said easement S88°09'38"E 28.86 feet Io an intersection with said southerly line of concrete slab; thence along said line S81°45'31"W 28.42 feet to the POINT OF BEGINNING. The above describes an area of approximately 72 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLOILIDA BUSINESS AUTt tORIZATION NO. LB 2464 / .~ Richard J. Ewing,'V.P. Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WI'FI IOUT 1'I IE SIGNATURE AND TIlE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 97.283 DATE SIGNED:/- ?' cfi?:_; Z 0 0 :Z [ ; .0 COASTAL ENGINEERING CONSULTANTS INC EXlllBIT "A" l,OT $ TIERIng, LAGO, VINEYARDS PORTION OF ?LATrEI) 12' WII)E LAKE MAINTENANCE EASEMENT (TO BE VACATED) A parcel of land lying in Lot 5 of Tierra Lago, a subdivision recorded in Plat Book 24, Pages 20 and 21 ofthe Public Records of Collier County, Florida being described as follows: Commencing at the southwest corner of said Lot 5 run N82°21'26"E along the south line &said Lot 5 for 40.14 feet; thence N07°38'34"W 2.00 feet to the POINT OF BEGINNING; thence continue N07°38'34"W 10.00 feet to an intersection with the northerly line of a platted lake maintenance easement: thence along the northerly line of said lake maintenance easement 55.68 feet along the arc of a curve concave to the south having a radius of 312.00 feet, a central angle of 10013'28" and a chord of 55.60 feet, bearing N87°28'10"E; thence leaving said northerly line S02°34'54"W 10.00 feet; thence 53.89 feet along the arc ora curve concave to the south, having a radius of 302~00 feet, a central angle of 10°13'28'' and a chord of 53.82 feet, bearing S87°28' 10"W to the POINT OF BEGINNING. The above describes an area of approximately 548 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLOR,;D'~ BUSINESS AUTttORIZATION NO. LB 2464 /..~ :' .?..-'~ , /' ,:.. ~ r,/..: ........ Richard J. Ewing, 9.P. -'~ Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WlTItOUT TIlE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 97.283 DATE SIGNED: t-';7. ~,' O ................... - ~,~r I Ilu Illll, I ................. IIII .... II IIIIIIII .................. '11 7_. --~'f-zRRk" k~O WAY TRACT .7. Clerk to the Boards Collier County, Florida FOR LEGAL ADVERTISING OF PUBLIC Please place the following ss a~ 12C-5 [XX) Normal Legal Advertisement Other, ........................................... (Display Adv.. Location, etc.) Originating Dept./Div. County Attorney Person, (sign clearly) ~e~i~ion ~o. ~o ~ez. O=~imance ~en~i~g Ordinance ~o. 9~-~2 Petitiomer, (name & address) , county Attorney's Of!ice ~earing before, [XX] BCC [ ] BZA [ ] O~ber lec~uested hearing date, 2/24/98 Based on advertisemen~ a;yearing I0 days before hearing. Newspaper(s) to be used, (complete only if i~portant [ l, [X] Naples Daily News or legally reTaired [ ! [ I Other Proposed Textt (Include legal description & common location & ~ize), AN ORDINANCE AKENDING O~DIN~NCE NO. 97-82. WHICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MIINICXPAL SERVICE TA~gIN~ UNIT! ~w(~-NDLNG SECTION SIX TO CLARIFY TEAT HE'R~ERS OF THE ADVISORY COKHIrTEE ARE PROPERTY OWNERS WI.-~IIN THE DISTRICT! PROVIDING FOR CONFLICT AHD SEV~R~BILIT¥; PROVIDING FOR INCLUSION IN THE COLLIER COIINTY CODE OF LAWS ARD O~DINANCES! PROVIDING FOR AN EFFECTIVE DATE. Companion petition(a), if any, & proposed hearing date, NONE Does ~e~i~ion ~ee include advertising cos~? ~es [ ] No [x] I~ yes, wha~ accoum~ should he cha=ge~ ~o~ co~s. 001-013-010-6A~100-0 ~eviewed by~~~ Approved Division R Date County Hanager Da~e LAsC A=~ac~en=~ (1) O~CE (2) (3) .......................................... ............................................. A. ~r hearings before BCC or ~Z~= Ini~ia=ing person =o comple=e on~ copy and ob~ai~ Division Head be~ora lubmi~ing ~o Coun=y Managar. NOT~ ~.~t~1 doc~an~ i~yolved, be sure ~ha~ any necellA~ Manager's Office will dts=ribu=e copies~ [ ] Coun=y Manager agenda file~ [ ] ReCesSing Divisionl [ ] Original ~o Clerk's B. Other hearin~s~ Ini~ia=ing ~~ ~o approve and aubmi= original to Clerk's Office, re,lining a copy for file. FOR CLERK'S OFFICE USE (includin~ this cover) 12C-5 ~iI111111111111111111111111111111111111111111111111111111111111 263--4864 ~II111111111111111111111111111111111111111111ii11111111111111111 · / .zlz,~ ~m~ia -ztu~ulzs ~ ~co~s. I...~ LOCATION: Collier County Courthouse '~ F'A3[ }I6: (B13) 774-8408 PHONE'NO: (813} 774-8406 00° 01 ' 56 9~b34_64 OK Date aent:: JTime sent: ,'~,','J'.v-/]./)',]. J January 30, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CORRECTED Notice of Public Hearing to Consider An Ordinance Amending Ordinance 97-82 Dear Judi: The Notice of Intent to Consider the amendment to Ordinance 97-82 has been changed, as reflected on the attached. Please disregard the notice that I faxed to you on January 28, 1998. Please advertise the above referenced CORRECTED notice one time on Friday, February 13, 1998 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thanks so much.. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 001-013-010-649100-0 12C 5. NOTICE OF INTENT '?O CONSIDER ORDINANCE Notice is hereby given that on q~ESI)AY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will comr, ence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 97-22, WHICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT: ~4ENDiNG SECTION SIX TO CLARIFY THAT MEMBERS OF THE ADVISORY CO~,IITTEE ARE PERI,~NENT RESIDENTS OR COI~6ERCIAL PROPERTY O?~ERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVEP~BILITY: PROVIDING FOR INCLUSION iN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES: PROVIDING FOR AN EFFECTIVE DATE. Copies of the propo~;ed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. need a record of the proceedings pertaininq thereto and therefore, may need to ~,~=_.~._ that a verbatim record o£ '~,e,..,, p:'oceeclings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~,K4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAi~4AN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) (includiug th/s cover) 12C~5~. · ~:11111111111111111111111111111111111111111111111111111111111 "~Ilililli111111111111111111111111111111111ii111111111111111111 ~ ~I0~ (813) 77~-8,~08 , ~ PEONB'NO: (813) 774-8~+06 00°01 '49 '9'I 1 :'~'36091t OV O0° 01' 58 92~:,-.,4c, A.1 Ok' 12C-5 January 28, 1998 Ms. Judith Fianagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider An Ordinance Amending Ordinance 97-82 Dear Judi: Please advertise the above referenced notice one time on Friday, February 13, 1998 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 001-013-010-649100-0 12C-5' NOTICE OF INTENT TO CONSIDER ORDINANCE Hotice is hereby given that on TUESDAY, FEBRUARY 24, 1998, in '!~e Roardroom, 3rd Floor, Administ'.r,-~ticm Building, Collier County i~vernment Center, 3301 East Tamiami Trail, Naples, Florida, the !~oard of County C,~mmi:::;i,m,,~:: will <'~.~::i<t,~,r t}~u ~l,.H.:tlfl~Bllt O[ a County Ordinance. The meeting will commence at 9:00 A.M. The %[tle of the proposed Ordinance is as [ollows: AH ORDIIIAIICE /:I4EIIDIII.G ORDINANCE NO. 9'7-82, W}IICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; ;~MEI, IDING SECTIOH SIX TO CLARIFY THAT MEMBERS OF THE ADVISORY COI414ITTEE ARE PROPERTY OWNERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AIID ORDiNAl'ICES; PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to u!~e Board and are available for inspection. Ail interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board w[ll ~,3ed a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is :~ade, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMi~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk {SEAL) :12¢ ORDINA/qCE NO. 98- ;~N OBDIN;~NCE A/4EN-D I NG ORDINANCE NO. WHICH CREATED THE BAYSHORE 97-82. AVA~LON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION SIX TO CLARIFY THAT MF_/4BERS OF THE ADVISORY COMMITTEE ARE PERMANENT RESIDENTS OR COMMERCIAL PROPERTY OWNERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Dece'~be r 16, 1997, the Board of County Cor~.iss lone r s a'~opted Ordinance No. 97-82. which created the Bayshore A'.'alo:~ Beautification Municipal Servlce Taxing [3nit; and WHEREAS, the Board of County Co,~c,i s s loners desires to clarify %ne cc, m.~osi%icn af ~h,e Advisory Corc?ittee. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIE}{ COUNTY, FLORIDA; thaE: SECTION ONE. Amendment to Section Six of Ordinance No. 97-82. Sectiol~ Six is hereby a:~ended to read as follows: SECTION SIX. Creation of the Bayshore Avalon Beautification Advisory Committee; Appointment and Composition. A. There is hereby created and established the Bayshore Avalon Beautification Advisory Committee, hereinafter referred to as the "Committee". B. The Co~nittee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Co~nittee shall be appointeG by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents or owners of commercial property within the MSTU and electors of Collier County. An owner of commercial property ma~, be an individual, an officer et a corporation or a partner of a partnership. The Board shall consider appointment of members from different subdivisions or co~unities within the MSTU. Words ut~dcrlincd arc added; words s~ruc4~-4h~ugh arc dclclcd. C. Appointment of members to the Co,v~nittee shall be by resolution of the Board of County Commissioners, which rezolutio~, shall set forth the date of appointment and the term of office. D. Members o[ the Co~.~nit tee shall serve without compensation, but shall be entitled to receive reimbur.~:ement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Cor~issioners. SECTION TWO. Conflict and Se~erability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, if any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall distinct and independer]t provision and such holding sh~!i ~ot affect the validity of the remaining portion. SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered tc accomplish such, and the word "ordina~ce" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Words ~dt'Hi~ arc add,d; ~'ord,~ .~ru~: '.k-qhF~§h arc d~lcl~d. 12C- 5 PASSED AND DULY ADOPTED by the Board of County Conunissione~.:s of Collier County, Florida this day of , ATTEST: DWIGHT E. BROCK, Clerk BOAV, D OF COUNTY COI4HISSIONERS OF COI,LIER COUNT'f, FLORIDA By: 43ARBARA B. BERR'f, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h.;hcnnic, hfa, Ordman¢.:., ,Ba)shorc Mumc:pal ~cr',lc¢ 'laxlng U.iI-UX Words underlined are added; words stra~,~-thr~ugh are deleted. ! 12C 5 ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NO. 97-82. W~{ICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION SIX TO CLARIFY THAT MEMBERS OF THE ADVISORY COMMITTEE ARE PERM3uNENT RESIDENTS OR COMMERCIAL PROPERTY OWNERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance No. 97-82. which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners desires to clarify the composition of the Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: SECTION ONE. Amendment to Section Six of Ordinance No.97-82. Section Six is hereby amended to read as follows: SECTION SIX. Creation of the Bayshore Avalon Beautification Advisory Committee; Appointment and Composition. A. There is hereby created and established the Bayshore Avalon Beautification Advisory Committee, hereinafter referred to as the "Committee". B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by ~nd serve at the pleasure of the Board of County Commissioners. Said members shall De permanent residents or owners of residential or commercial property within the MSTU and electors of Collier County. An owner of residential or commercial property may be an individual, an officer of a corporation or a 9artner of a partnership. The Board shall consider appointment of members from different subdivisions oz communities within the MSTU. Words underlined are addilions, words ~r.~ :hr,~h rare d¢{.ions.. · 12g C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Flo£ida Department of State. - 2- 12g $ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:/'nennie/hfa/Ordinances ~ayshore Municipal Service Taxing Uni~-gR - 3- Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHI$SIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 0010130106491 57639509 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspcper published at Naples, in Collier County, Florida: that the attached copy of advertising vas published in said newspaper on dates listed. Affiant further says that the said Naples Oaily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/13 AD SPACE: 76.000 INCH FILED ON: 02/13/98 Signature of Affiant '.' ) Ii ' - Sworn to and Subscribed before me this ., day of .,,-' · 19/~_~ Personally known by me ,,( '-'~ ~'~' .//, ~ t~,~' J "'~']~' 'I / 12C-5 0110 0m m s AND PET1TIOR~ NOTICE OF INTEN¥ TO CONSIC)~R ORDINANCE Notice Is hereby thor on TUE~AY FEB- RUARY 2~ 1~ Ce~er, ~1 Eosf Tem~. the B~d of C~nfv ~e e~tment 0 O~dl~ce, The meefl~ A.~. The title AN OROINANg~ A~ENOING O~ · NANCE NO. WHICH CREATED T~ BAYSHORE AVALON BEAUTIFICATION ~U- NICIPAL SERVtCE TAXING UNIT' A~END. lNG ~CTION' StX TO~ CLAmFY THA~ BERS O~ THE ADVI- SORY CO~ITTEE ARE PER~ANENT RESIDENTS O~ CO~- ~E~CIAL PEOPEETY OWNERS WITHIN OISTEICT; PROVIDING FOR CO~4FUC~' AND SEVERABILITy. PRO- VIDING FOR '~NCLU. SION IN THE C~LIE~ COUNTY CODE OF LAWS AND ORDI. NANCES: PROVIDING FOR AN EFFECT~ DATE, C~les of ~e Ordl~nce ~e ~ file the Clerk ,o ~e Ond ~e ~oll~le specflon. AIl o~ ~ he~d. Any per~n w~ ~1~ ~e B~d ~11 n~ c~d of ~e pr~dl~ pe~olnlng thereto ~eref~e, ~y e~e ~ ~ v~m F ~d. ~ ~ ~ I s m~e, ~kh r~d D OF COUNTY CO~MI~SIOf4ERS COLLIER COUNTY, FLOROA BARBARA B. BERRY, C~IR~N ~WIGHT E. BROCK, CLERK 12C5 ORDINANCE NO. 98- 15 AN ORDINANCE AMEND ING ORDINANCE NO. 97-82. WHICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; A/~ENDING SECTION SIX TO CLARIFY THAT MEM]SERS OF THE ADVISORY COMMITTEE ARE PERMANENT RESIDENTS OR COMMERCIAL PROPERTY OWNERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Cor~r.~ss[-r. ers adopted Ordinance No. 97-82. which created the Bayshcre Avalon Beautification Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners desires to clarify %he composition of the Advisory Com,~ittee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMiSSi0~ERS OF COLLIER COUNTY, FLORIDA; that: SECTION ONE. Amendment to Section Six of Ordinance No.97-82. Section 21x is hereby amended to read as follows: SECTION SlX. Creation of she Bayshore Avalon Beautification Advisory Committee; Appointment and Composition. A. There is hereby created and established the Bayshore Ava!ch Beautification Advisory Committee, hereinafter referred to as the "Ccr~mittee". B. The Cor~ittee shall consist of five (5) members which uenerally re~resent the area within the MSTU. Members of the Com~ittee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents or owners of residential or commercial property within the MSTU and electors of Collier County. An owner of residential or cor~ercial oroperty may be an individual, an officer of a corocra%lon or a partner of a partnership. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. 12C 5,m { C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their dot [e:; upon prior approval of the Board o[ County Commissioners. SECTION TWO. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. -2 12C5m PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this fir,/ day of /"~ r,/,,.~,./.. , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h/hcr,n ¢/hfa. Ordmar, ccs ]la,,~h~,rc ~turmcipal $¢P,'i¢c Taxing Unit.gg 3 o 1205 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-15 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of Februa~,, 1998. DWIGHT E. BROCK Clerk of Courts a~cl. Clerk Ex-officio to Board of County Commissioners. By: Maureen Kenyon .,. Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Bo;ri'd: Please place the follo,n lng as :u (Display Ad,.'.. location, crc) Petition No. (If none. give bricfdcscriplion): DOA-97-3 ~ ~ Petitioner: (Name &. Address): D Y Associates Joint Venture, 41101 T:m':nni Trail Noah, ~3.qO, Naples, FL 34103 Name & Address of any person(s) to bc notified by Clerk's Office: (If more space is needed, mtach separate shcct) George L. Varnadoe, Esq., Young, van Asscndcrp & Varnadoc ,~01 Laurel Oak Dm.c. Suite 31~o, Naples, FL 34108 Hearing before XXX BCC BZA Other Ncwspa~r(s) to bo used: ~Complctc only if important): Based on ad~,crtlscmcnt appear,n~g 15 d:,.'s before hearing. XXX Naples Daily Neu. s Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Pc!ilion No. DOA-97-3, George L. Varnadoc of Young, van Asscnderp & Varnadoe. P.A., representing D Y Associatcs Joinl Vermlrc. a Florida General Panncrship, for an mncndment to MarcoShoreg/Fiddler's Creek Development Order 84-3, as amended rot the purpose of adding 1,385 acres lo the Fiddler's C'rcck portion of said dcvclopmcnt order, and companion Planned Unit Dcvclopnlenl zoning remfiation and to itdopl a new Master Plan for mid added area while Icax'mg conslanl Ihc currcnlh' authorized nnmbcr ofdxxellin~ unHs. namch' 6.000 for thc Fiddler's Cr~k portion of Marco Shores. smd addilion:fl I:md arca is Iocalcd in Sections 18. 19 mid 29, Toe,,ship 51 Sottth, Range 27 East, Collicr County, Florida. (Comp:mien to PUD-96-42(2)) Companion petition(s), if :In)'& proposed hcarm~ Docs Petition Fcc include advertising cost'? [~cs [] No If Yes. what account should be charged for advertising costs: 113-138323-649110 f', ,-,, R~'iewed by: :..,. ..,.~ Division Head ': Date County Manager Dale List AltachmenlS: DISTRIBUTION INSTRUCTIONS For hearings bcfot'e BCC or BZA: lniti'.,ing person to complete one co)' and obtain Division tlead approval before submitting to County Manager. Note: If legal docmnent is im'olvcd, be sure that :in)' necessary legal review, r,r request for same, is submitted to Count)' Atto,'ney before submitting to Count.,,' M.'mager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head lo approve and submit original IO Clerk's Office. rctaining a cop)' For file. FOR CLERK'S OFFICE USE ONLY:, Public hearing: ~/~ ~/~_' Omo Advertised: , Dale Rcccived: (incluain~ ~ cav~u:) 1 2C-- 7,t !ii111111111111111111111111111111111111111111111111111111111111 2a3--4864 Iiillllliillllliiliillilllllilililllllllllliillllllllllllillili FAZ }l'O~ (813) 774~-8408 , ~ t==o~'~io~ (813) 774-8/+06 MCi. / DATE ST. TIME TOTAL TIME ABBR ID STATUS ~PGS DEPT CODE COMM. CODE 581 01-2~ 10:22 00~02,33 92634864 OK 4 068C~8~8A12 582 ~1-2~ 14:12 8~1'12 941 775 2755 Ok 2 ~~15 58~ 81-28 14:4~ ~o81,55 926~4864 ~ Z ~68C~8~8~12 12C- January 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition DOA-97-3 .' Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA-97-3, Mr. George L. Varnadoe, of Young, van Assenderp & Varnadoe, representing D Y Associates Joint Venture, a Florida, General Partnership, for an amendment to the Marco Shores/Fiddler's Creek Development Order 84-3, as amended for the purpose of adding 1,385 acres to the Fiddler's Creek portion of said development order, and companion Planned Unit Development zoning regulation, and to adopt a new Master Plan for said added area while leaving constant the currently authorized number of dwelling units, namely 6,000 for the Fiddler's Creek portion of Marco Shores, said additional land area is located in Sections 18, 19 and 29, Township 51 South, Range 27 East, Collier County Florida. (Companion to PUD-96-42(2)) All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12_C- ? January 16, 1998 D Y Associates Joint Venture 4001 Tamiami Trail North, #350 Naples, FL 34103 Re: Public Hearing to Consider Petition DOA-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County' Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 120-7 January 16, 1998 George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Public Hearing to Consider Petition DOA-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C- 7'; January 16, 1998 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Public Hearing to Consider Petition DOA-97-3 Dear Mr. Atkins: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure January 16, 1998 Mr. Daniel Trescott DRI Coordinator SWFRPC P. O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Public Hearing to Consider Petition DOA-97-3 Dear Mr. Trescott: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee. FL 32399 Mr. Daniel Trescott DRI Coordinator SWFRPC PO Box 3455 N. Ft. Myers. FL 33918-3455 DEVELOPMENT ORDER 98- RESOLUTION 98- 12g-7 A RESOLUTION ~,:ENDiNG DEVELOPMENT ORDER 84-3, AS ~4ENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT ("DRI") BY PROVIDING FOR: ~MENDMENTS TO SECTION I RELATING TO GENERAL L~5 USE iNFORMATION CONCERNING THE DEVELOPMENT; AMENDMENTS TO SECTION 2 RELATING TO FINDINGS OF FACT REGARDING THE LEGAL DESCRIPTION A~ND GENEP~AL LAND USE iNFORMATION; ~ENDMENTS TO SECTION 4 RELATING TO PROJECT DEVELOPMENT A.ND RECREATIONAL FACILITIES TO SHOW A NEW REFERENCE TO THE MASTER ~4ENDMENTS TO SECTION 4 RELATING TO WATER SUPPLY A.ND TREATMENT AND DISTRIBUTION TO REFERENCE THE FIDDLER'S CREEK ADDITION; ;%MENDMENTS TO SECTION 4 RELATING TO MAINTENANCE FACILITIES TO REFERENCE THE FIDDLER'S CREEK ADDITION; AMENDMENTS TO SECTION 7 RELATING TO THE LENGTH OF TIME THE DEVELOPMENT ORDER IS EFFECTIVE TO EXTEND SAME; AMENDMENTS TO SECTION 13 RELATING TO THE MASTER PLA/~ TO REFERENCE THE AMENDED MASTER PLAN; FINDINGS OF FACT; CONCLUSIONS OF LAW; AND EFFECT OF PREVIOUSLY iSSUED DEVELOPMENT ORDER, T~NSMITTAL TO DCA ~D EFFECTIVE DATE. WHEREAS, 951 Land Holdings Joint Venture (hereinafter "Developer`?) submitted a Notice of Proposed Change for the Marco Shores Planned Unit Development, Unit 30, and petitioned the Board of County Commissioner of Collier County, Florida to amend the Marco Shores Development Order, Collier County Developmen~ Order 84-3, as previously amended by Resolutions 84-237, 88-117, 89-149, 96-333, and 96-530 only with respect to the Unit 30 portion of the Marco Shores Development Order; WHEREAS, Developer desires to add approximately 1,385 acres of land (all of Section 18 lying south and west of U.S. 41, all of Section 19, and the north ~ of Section 29, Township 51 South, Range 27 East, in Collier County) to the Fiddler's Creek portion of the Marco Shores DRI; and WHEREAS, the 1,385 acres of land to be added to Fiddler's Creek by. this amendment as described above, together with the 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East, are collectively defined in the Marco Shores PUD and may be hereinafter referred ~o as the "Fiddler's Creek Addition"; and WHEREAS, this amendment is only intended to amend Development Order 84-3, as previously amended, as it relates to Fiddler's Creek. NOW THEREFORE RE IT RESOLVED, by the Board of County Commissioners, Collier County, Florida, ~hat: SECTION ONE: ;~MENqDMENTS TO DEVELOPMENT ORDER A. Unfit!ed Section I of Developmen~ Order 84-3, as amended, for the ~4arco Shores/Fiddler's Creek DRI is hereby amended to read as follows: Section I. That this Resolution shall constitute an amendment to the Development Order issued by Collier County in response to the ADA filed by Deltona, previous Notices of Proposed Change and ghe Notice of Proposed Change filed by the Developer for a portion of Uni~ 30, which 12C-7 is a component of Marco Shores, a Planned Unit Development, Isle of Capri Commercial Area and Key Marco (Horr's Island). The Fiddler's Creek portion of Marco Shores shall consist of 2~7~.II 3,764 acres, 6,000 dwelling units, 33.6 acres of "Business", open space, golf courses, lakes and preserves as set forth herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA, prior amendments approved for the development, changes approved herein and the supporting documents which by reference are made a part hereof as composite Exhibit B. B. Section 2 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, containing Findings of Fact, is hereby amended to read as follows: Section 2. That the Board ',f County Commissioners, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. That ~ke real property which is the subject of thc ~A this DeveloDment Order 84-3, as amended, includinq ~h~ Fiddler's Creek Additicn is legally described as set forth in Exhibit "A", &n~ Exklbit ...... ~ ~^~ dcscripticn ~ s ................ c ..... 5~C acta tract, which ara i__s attached hereto and by reference made a part thcrccf hereof. B. The application is in accordance with Section 380.06(19) Florida Statutes as modified by the Marco Agreement. C. The applican~ submitted to the County an ;iDA known as composite Exhibit B, and by reference made a part hereof, to the extent that thcy arc it is not inconsistent with the terms and conditions of this Order. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Horr's Island all of which are a part of the Marco Shores PUD. Fiddler's Creek consists of 2279.11 3,764 acres: 3900 multi-family Units, and 2100 single-family dwelling units for a total of 6,000 dwelling units at a gross density of 2.52 ~ units/acre; business sections; sites for parks; recreation areas; Collier County School Board properzy; utility facilities; community facilities; Words underlined are additions; words ...... ~- '~ ..... ~ are deletions. 2 - preservation areas; and lakes; and roads. Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by the Board of County Commissioners to peri, it a 150 room hotel with accessory uses and restauran% and utility site. Horr's Island is 212.89 acres, 300 multi-family dwelling units at 1.41 units/acre with parks and recreation area. E. The Development is consistent with the report and recommendations of the SWFRPC. F. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Developmen~ Plan applicable to the area. G. A comprehensive review of the impact generated by the development has been conducted by the County's departments and the SWFRPC. H. The development is not in an area designated an area~ of critical state concern pursuant to the provisions of Section 380.0~, Florida Statutes, as amended. I. The development is consistent with the land development regulations of Collier County. C. Section 4 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, at Paragraph D, Subparagraph 1, entitled "Project Development and Recreational Facilities" is hereby amended to read as follows: 1. Project Development and Recreational Facilities: The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construczicn of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "C" and Fiddler's Creek Exhibit "?C C". "FC-A", Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the PtrD document. The northern golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is used primarily for the recreational use of their guests. Secondarily, residents of Fiddler's Creek will have access to this course on an as-space-is-available basis, and the public may have similar Words under!~ned are additions; words ouruck :hrcuFh are deletions. 3 12C-7 access. The southern and eastern golf courses in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The southern golf course and recreational facilities shall be privately owned facilities and constructed on the designated sites in conformance with the development needs of the project. Neighborhood parks, bike trails, and other community recreation facilities shall be constructed and completed in conformance with the general development schedul~ of the project. Those facilities scheduled for subsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 84-3 kave been dedicated to the Collier County and previously accepted by The Collier County School Board. Developer has traded property outside of Fiddler's Creek to the School Board for some of the property owned by the School District in Fiddler's Creek. Neighborkood Parks will be dedicated tc the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Community Facilities Sites in Fiddler's Creek will provide a location for the construction of public facilities, which may include a sheriff's sub-station, fire station, library site and emergency medical services. These Community Facilities Sites will be dedicated to the County at the County's request. D. Section 4 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, at Paragraph D, Subparagraph 6, entitled "Water Supply and Treatment and Distribution" is hereby amended to rgad as follows: 6. Water Supply and Treatment and Distribution a. The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. b. Ail plans and specifications for transmission distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. Words underlined are additions; words e~ are deletions. - 4 c. All transmission and distribution facilities within the non-franchised areas shall be dedicated ~o the County Water-Sewer District prior to being placed into service. d. All water users in the non-franchised areas shall be County customers. e. Prior to the iss%ance of building permits for new water demanding facilities, the applicant for the building permit shall pay all appropriate system development charges applicable at the time application for the building permits are made. f. Collier County shall supply potable water service to Fiddler's Creek. Wells may be constructed in Sections 22, 23 and 24 of Township 5! South, Kange 26 East in Fiddler's Creek and ~n Fiddler's Creek Addition to provide non-potable water for irrigation as permitted by the South Florida Water Management District. E. Section 4 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, at Paragraph D0 Subparagraph 15 entitled "Maintenance Facilities" of is hereby amended to read as follows: 15. Maintenance Facilities: a. Developer has petitioned for, and the Florida Land and Water Adjudicatory Commission has established, a community development district created under Ch. 190, Fla. Stat., for the Fiddler's Creek area as it existed prior to the addition of the ~0 acrc parccl ~Ccc~icn 13) Fiddler's Creek Addition. The Developer may petition for the creation and establishment of a separate community development distric~ pursuant to Chapter 190, Fla. Stat., for Sccticn 13 the Fiddler's Creek Additio~ or the developer or district may petition to expand the existing Community Development District, pursuant to Ch. 190, Fla. Stat., to Snclude said sccticn 12 Fiddler's Creek Addition, at its option. Within areas incorporated therein, any Community Development District serving Fiddler's Creek will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and systems, facilities and services: (1) Any drainage facilities and right-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek, including lake and lakeshore maintenance; Words underlined are additions; words ;-.rue;: ;hr;u~k are deletions. - 5 12C-7, (3) Internal neighborhood parks shall be dedicated to the Fiddler's Creek Homeowners Association or the Community Development District for ownership and maintenance; (4) Certain recreational amenities and facilities which are not owned and opera~ed by the Developer, other private interests or individual condominium associations; (5) Street lighting, and; (6) Such other common areas, projects, systems, facilities and services which are desired by the landowner or residents of the Fiddlers Creek Community Development District but which are not available through other local government or private enterprise and which are defined or authorized by Ch. 190, Fla. Stat. Chapter 190 Fla. Stat. grants community development districts created and established thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and non-ad valorem special assessments, borrow money and issue bonds. The Developer has the responsibil.ity for the election of the members of the Board of Supervisors of the Fiddler's Creek Community Development District until it is ~urned over to the residents as provided under Chapter 190 Fla. Stat. (b) Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-Family Area: A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have %he responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; Words gnder~.~ed are additions; words c.=ruuk %~rcu~.=. are deletions. 6 - (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and access-way to the Captain Horr house (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge ~cross Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the resident of Horr's Island but which are not available through local government or private enterprise. c. Isle of Capri Commercial Area: Roads in this area either already exist and are being maintained by the State or county or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual commercial owners and operators of ~he Isle of Capri Commercial Area. F. Section 7 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, specifying the length of time the development order is effective, is hereby amended to read as follows: Section 7. That this Order shall remain in effect for a period of thirty-four {34} ~3~) years eleven mQn~hs from the effective date of this Development Order. Any development activity wherein plans have been submitted ~o the County for its review and approval prior to. the expiration da~e of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. G. Section 13 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, relating to the Fiddler's Creek Master Plan is hereby amended to read as follows: Section 13. The Marco Shores/Fiddler's Creek DRI Development Order (Rc~clu~icn ~3 ~ 84-3, as amended), is hereby amended to add the Fiddler's Creek Master Plan attached hereto and incorporated by reference herein as Exhibit ........ FC-A" SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of this Development Order, including the Fiddler's Creek Addition is legally described as set forth in Exhibit "A"0 attached hereto and by reference made a part hereof. Words underlined are additions; words =truck tkrcu~.~. are deletions. 7 - 120-7' B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to a Previously Approved DRI, marked as Exhibit "B", and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Marco Shores including a portion of the area now to be known as Fiddler's Creek on 1,689.11 acres of land for a commercial and residential development described in Development Order 84-3, as amended. E. 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 the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order as presented do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit "B", by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. 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 Order are consistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. Words underlined are additions; words =:ru'"k =.~.rcu~k are deletions. SECTION FOUR: 12C-7 EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all part%es thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Local Planning , and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and legal sufficiency: Marjo~ie M. Student Assistant County Attorney words underlined are additions; words otruck chrcu~h are deletions. - 9 ] C7 Date: To: From: Re: March 2, 1998 Dave Weeks, Senior Planner Planning Services Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Development Order 98-1/Resolution 98-49, and Ordinances 98-12 and 98-13 re Fiddler's Creek Enclosed please find copies of the documents as referenced above, and approved by the Board of County Commissioners on February 24, 1998. Kindly forward the documents to the Department of Community Affairs and the Southwest Florida Regional Planning Council. If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily flews BOARD OF COUNTY COHMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57637482 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/08 AD SPACE: 78.000 INCH FILED ON: 02/09/98 Signature of Affiant Sworn to and Subscribed before me this Personalty known by me NOT1CE OF PUBLIC HEARING Notice Is hereby given ~ t~e I~)ord of County Commlsslor~rs of CoUler Co~nty, will ho~d O public heorlng on TUESDAY, FEBRUARY 24, 1998, In the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 Lost TornlornJ Troll, No, les. Florida. The rneet$ng will be~ln et 9.'00 AJV~ he Board will co~sldes' Petition No. DOA.97.30 Gauge L. Voenocloe, of Young, yon Assenderp ond Vornodoe, represent. lng D Y Associates Joint Venture, o Florida, Gen. oral PorklershJp, for on amendment to the N~orco Shores/Fiddler's Creek Development Order 84-3, o~ ornended for the pur~ ~s~e of c~dlng 1,385 or. res · Floktler's Creek flon of sold develoornent order, and companion Planned Unit Develop. ment zoning reguletioe and to octo~ o new tar Plan for sold added oreo while leaving co~. stont the currently outh~. un,ts, homely 6,000 for the FIc~ller's Creek portion of Morro Shores, sold adcfl- tlo~ol land oreo Is located In Sections 1~, 19 and 29, Township 51 ,~, Ronge 27 East, Collier County Florida. (Componlon to PUO-96-42(2)) All Interested Ix~rtles ore Invited to attend, to register to ~eak ond to submit their Objections, If any, In writing, to the Board prior to the public hearing. Any person who decid- es to appeal O decision of the Board will need o re. coed of the proceedings ~t~rtalnlng thereto, ond erefore, may need to ensure fl~t o vertx~m record of the proceedings Is made, which record In. clude~ fha testimony and evidence upon which the appeal Is fo be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRNLAN DWIGHT E. BROCK, CLERK By: /s/ Lille Hoffman, ~ebruory 8 No. 1140~72 DEVELOPMENT ORDER 98- RESOI,U'I'ION 98- 49 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT ("DRi") BY PROVIDING FOR: AMENDMENTS TO SECTION 1 RELATING TO GENERAL LAND USE INFORMATION CONCERNING THE DEVELOPMENT; PuMENDMENTS TO SECTION 2 RELATING TO FINDINGS OF FACT REGARDING THE LEGAL DESCRIPTION AND GENERAL LAND USE INFORMATION; AMENDMENTS TO SECTION 4 RELATING TO PROJECT DEVELOPMENT AND RECREATIONAL FACILITIES TO SHOW A NEW REFERENCE TO TIlE MASTER PLAN; AMENDMENTS TO SECTION 4 RELATING TO WATER SUPPLY AND TREATMENT AND DISTRIBUTION TO REFERENCE THE FIDDLER'S CREEK ADDITION; AMENDMENTS 'FO SECTION 4 RELATING TO MAINTENANCE FACILITIES TO REFERENCE THE FIDDLER'S CREEK ADDITION; AMENDMENTS TO SECTION 7 RELATING TO THE LENGTH OF TIME THE DEVELOPMENT ORDER IS EFFECTIVE TO EXTEND SAME; AMENDMENTS TO SECTION 13 RELATING TO THE MASTER PLAN TO REFERENCE THE AMENDED MASTER PLAN; FINDINGS OF FACT, CONCLUSIONS OF LAW; AND EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, 951 Land Holdings Joint Venture (hereinafter "Developer") submitted a Notice of Proposed Change for the N.larco Shores Planned Unit Development, Unit 30, and petitioned the Board of County Commissioners of Collier County, Florida to amend the Marco Shores Development Order, Collier County Development Order 84-3, as previously amended by Resolutions 84-237, 88- 117, 89-149, 96-333, and 96-530 only with respect to the Unit 30 portion of the Marco Shores Development Order, WHEREAS, Developer desires to add approximately 1,385 acres ofland (all of Section 18 lying south and west of U.S. 41, all ot~ Section 19, and the north ',5 of Section 29, Township 51 South, Range 27 East, in Collier County) to the Fiddler's Creek portion ofthe Marco Shores DRI; and WHEREAS, the 1,385 acres of land to be added to Fiddler's Creek by this amendment as described above, together with the 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East, are collectively defined in the Marco Shores PUD and may be hereinafter referred to as the "Fiddler's Creek Addition"; and WItEREAS, this amendment is only intended to amend Development Order 84-3, as previously amended, as it relates to Fiddler's Creek. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners, Collier County, Florida, that: Words undcrlinclil are additions; a'ords ~,h ~,.k-h~,, ~,,~, are deletions. SECTION ()NE: A,MENDMENTS TO I)EVEI,OI',%IENT ORI)ER ..\ Untitled Section I of l)evelopment Order 84-3, as amended, Shores/Fiddler's (.'reek DRI is herebv amended lO read as lbllows: 12C7 Ibr tile Marco Section I That this Resolution shall constitute afl amendment to tile Development Order issued by Collier County in response to the AI)A filed by Dcltona, previous Notices of Proposed Change and the Notice of Proposed Change filed by tile Developer for a portion of Unit 30, which is a component of Marco Shores, a Phmncd Unit l)cvelopment, Isle of Capri Commercial Area and Kc.,,' ,Marco (I Iorr's Island). The Fiddler's Creek portion of Marco Shores shall consist of 2379: J } 3,764 acres, 6.000 dwelling units, 33.6 acres of "Business", open space, golf courses, lakes and preserves as set tbnh herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA. prior amendments approved for the development, changes approved herein and the supporting documents which by reft:fence are made a part hereof as composite Exhibit B. [?, Section 2 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, containing Findings of Fact. is hereby amended to read as follows: Section 2. That tile Board ol'County Commissioners, having received the above-referenced documents· and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the tbllowing findings of fact A. That tile real property which is the subject ofth¢ ADA this Development Order 84-3. as amende& including tile Fiddler's Creek Addition is legally described as set forth in Exhibit tract, which m'c is attached hereto and by reference made a part thcrccffhereo£ B. The application is in accordance with Section 380.06(I 9) Florida Statutes as modified by the Marco Agreement C. ]'he applicant submined to the Count.,,' an ADA known as composite Exhibil B, and by reference made a pan hercot~ to the extent that thcs-are iris not inconsistent with the terms and conditions ofthis Order. lZC7 D The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Horr's Island all ofxOlich are a part ofthe Marco Shores PUD. Fiddler's Creek consists of 2379 I t 3.764 acres 3900 nmhi-family Units, and 2100 single-family dwelling units for a total el~ 6,000 dxvelling units at a gross density of 2:52 16 units/acre; business sections; sites for parks: recreation areas: Collier County School Boar:l property', utility facilities; community facilities; preservation areas: and lakes; and roads. Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by thc Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. I loft's Island is 212 89 acres. 300 multi-Family dwelling units at 1 41 units/acre with parks and recreation area E The Development is consistent with the report and recommendations ofthe SWFRPC F Thc development will not unreasonably interfere with tile achievement of:he objectives of the adopted State Land Development ?lan applicable to the area G A comprehensive review of the impact generated by tile development has been conducted by tile County's departments and the SWFRPC The development is not in an area designated an areas of critical state concern pursuant to tile provisions of Section 380 062. Florida Statutes. as amended. I. Tile development is consistent with the land development regulations of Collier County C. Section 4 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek I)RI. at Paragraph D. Subparagraph 1. entitled "Project Development and Recreational Facilities" is hereby amended to read as tbllows: Project Development and Recreational Facilities: The proposed construction shall comply with all standards set forth and the resuhing complete project shall adequately serve its occupants and members and will not cause a general public problem Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set lbrth objectives. Recreation facilities shown on Exhibit "C" and Fiddler's Creek Exhibit "FC-C .... FC-A". Master Development Plan, shall be provided and completed in timing with tile adjacent residential units and as specified in the PUD W,,~ds undcrhncd ;,re ilddltlUl'ls. ~.tds >h~k-~h~,.d~.h .'.re dclcti.ns 12t7 document 'l'be northern golt'course in I.'iddler's Crwek was constructed by a resort hotel corporation. This course is used primarily tbr the recreational use of d~eir ~uests. Secondarily, residents oF Fiddler's Creek will have access to this course on an as-space-is-available basis, and the public may have similar access The southern and eastern golf courses in Fiddler's Creek shall be constructed when feasible ~o scn'c fi~c surrounding residential units Thc southern golf course and recreational tSacilities shall be privately owned fi~cililies and constructed on Ire designated sites in conformance with the development needs of the project Neighborhood parks, bike trails, and other community recreation hcilities shall be constructed and completed in contbrmance with t}~e general development schedule of the project. Those facilities scheduled for subsequent donation to the County as pan of the development plan are two community Facility sites The school sites specified in Development Order 84-3 have been dedicated lo the Collier County and previously accepted by Thc Collier County School Board Developer has traded property outside of Fiddler's Creek to thc School Board tk, r some of the propemy owned by the School District in Fiddler's (.'reck Neighborhood Parks will be dedicated to the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Community Facilities Sites in Fiddler's Creek will provide a location for the construction ofpublic hcilities, which may include a sheriffs sub-station, fire station, libra~ site and emergency medical sc~'ices These Community Facilities Sites will be dedicated to the County at the County's request. D Section 4 of Development Order 84-3, as amended, for the Marco Shore~Fiddler's Creek DRI, at Paragraph D. Subparagraph 6, entitled "Water Supply and Treatment and Distribution~ is hereby amended to read as tbllows 6 Water Supply and Treatment and Distribution a. The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non- franchised areas Words undcrhncd are add~lions, ss ords .~i~ ~k-il ...... ~,'-, ar~: dch:tion.s 12 7 b. All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance svith current subdivision requirements and Utilities Division standards for construction. c. All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. d. All xvater users in the non-franchised areas shall be County customers. e Prior to the issuance ofbuilding permits for new water demanding facilities, the applicant for the building permit shall pay all appropriate system development charges applicable at the time application for ~he building permits are made. £ Collier County shall supply potable water service to Fiddler's Creek. Wells may be constructed in Sections 22, 23 and 24 of Township 51 South, Range 26 East in Fiddler's Creek and in Fiddler's Creek Addition to provide non-potable water for irrigation as permitted by the South Florida Water Management District. E. Section 4 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DR1, at Paragraph D, Subparagraph 15 entitled "Maintenance Facilities" of is hereby amended to read as follows: 15. Maintenance Facilities: a. Developer has petitioned for, and the Florida Land and Water Adjudicatory Commission has established, a community development district created under Ch. 190, Fla. Stat., for the Fiddler's Creek area as it existed prior to the addition of the~,~,,'~'" acco. v ..... x.-,~,--~, .... ,, Fiddler's ~;reek Addition. The Developer may petition for the creation and establishment ora separate community development district pursuant to Chapter 190, Fla. Stat., for S¢¢fio,~ 1.3 the Fiddler's Creek Addition or the developer or district may petition to expand the existing Community Development District, pursuant to Ch. 190, Fla. Stat., to include said Secfion-~ Fiddler's Creek Addition, at its option. Within areas incorporated therein, any Community Development District serving Fiddler's Creek will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and systems, facilities and services: ~.'ords underlined arc uddit'ons x,.ords :~i.,u,.k-d,w~,~ arc deletions. 12g? ' ( 1 ) Any drainage facilities and right-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek, including lake and lakeshore maintenance; (3) Internal neighborhood parks shall be dedicated to the Fiddler's Creek ttomeowners Association or lhe Community Development District for ownership and maintenance; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests or individual condominium associations; (5) Street lighting, and; (6) Such other common areas, projects, systems, facilities and services which are desired by the landowner or residents of the Fiddlers Creek Community Development District but which are not available through other local government or private enterprise and which are defined or authorized by Ch 190, Fla. Stat. Chapter 190 Fla. Stat. grants conmmnity development districts created and established thereunder all powers necessary to achieve their purposes, including the power to leW and collect taxes and non-ad valorem special assessments, borrow money and issue bonds. The Developer has the responsibility for the election of the members ofthe Board of Supervisors ofthe Fiddler's Creek Community Development District until it is turned over to the residents as provided under Chapter 190 Fla. Stat. (b) Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-Family Area: A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work &the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (I) The entranceway to Horr's Island, including any security system; Words underlined arc addition,,; words ~r.,:k-h'-.-,.,,i~,h ,,re deletions, -6- 12C7 (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and access-way to the Captain Horr house (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the resident of Horr's Island but which are not available through local government or private enterprise. c, Isle of Capfi Commercial Area: Roads in this area either already exist and are being maintained by the State or county or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual commercial owners and operators of the Isle of Capri Commercial Area. F. Section 7 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DR/, specifying the length of time the development order is effective, is hereby amended to read as follows: Section 7. That this Order shall remain in effect for a period ofthirty-four (34) (-3-0-) years eleven months from the effective date ofthis Development Order. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. Section 13 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DKI, relating to the Fiddler's Creek Master Plan is hereby amended to read as follows: Words underlined are additions; xvords o~,,~k-lh,,.,,~l, ate delclions. -7o 12C? , Section 13. Thc Marco Shores/Fiddler's Creek DRI Development Order (Resoknion-~4 134-3, as amended), is hereby amended to add the Fiddler's Creek Master Plan attached hereto and incorporated by reference herein as Exhibit ......... FCA" SECTION TWO: FINDINGS OF FAC'F A. That the real property which is the subiect of this Development Order, including the Fiddler's Creek Addition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereol'. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to a Previously Approved DRI, marked as Exhibit "B", and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Marco Shores including a portion ofthe area now to be known as Fiddler's Creek on !,689.11 acres of'land for a commercial and residential development described in Development Order 84-3, as amended. A comprehensive review ofthe impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Cfitical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. SECTION TIIREE: CONCLUSIONS OF LAW A The proposed changes to the previously approved Development Order as presented do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit "B", by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. 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 PD.n applicable to the area. Words underlined arc additions; ~¥ords ~ ,,~k-;~,,,~-e,'-, are deletions. 12C7 D. The proposed changes to the previously approved Development Order are cOnsistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREV[OUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-3, as amended, shall remain in full force and erect, binding in accordance with its terms on all parties thereto. B. Copies ofthis Development Order ?f'° / shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Local Planning, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTtiER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Donethis ,2~'c~;yof ..--'"'~-,,,/,.,,,~,¢,/ ,1998. / ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Marjori~ M. Student Assistant County Attorney 1 °fiddlen do,mnus Fcbru. a,q.' Il, 1908 Words undeffincd ate additions; words ih ,,,.k-da,~,e,l, are dct~ions. -9- MEMORANDUM DATE: TO: FROM: SUBJECT: May 1, 1998 Maureen Kenyon, Supervisor, Clerk of Courts Minutes and Records David C. We i gel, County Attorney ~, )['x~ Fiddler's Creek Development Order 98-I, Resolution No. 98-49 Please find attached the correct legal description (dated October 21, 1997), which should have been attached to the above-referenced Fiddler's Creek Development Order that was previously transmitted to the Florida Department of Community Affairs. Upon a subsequent review of the newly adopted Development Order, we noticed an incorrect October 2, 1997 version of the legal description was attached, which does not include the previously adopted Section 13 lands (Development Order 96-4, Resolution No. 96-530, approved November 26, 1996), or the 1,385 acres of land in Sections 18, 19 and 29, Toxvnship 51 South, Range 27 East, that was advertised and approved by the County Commission, and is referenced in the second whereas clause of the Development Order itself. The advertised public notice for the Fiddler's Creek Development Order Amendment which was approved and became Development Order 98-I was advertised correctly. The con'ect legal description (attached) describes thc Fiddler's Creek DRI as it was considered and approved by the Board of County Commissioners of Collier County during its consideration of the Fiddler's Creek DRI NOPC on February 24, 1998. Please accept this memorandum as County Attorney opinion and approval for thc attached legal description to be placed of record for the Board's approval of Agenda Item 12(C)(7), February 24, 1998. Thanks for your assistance in this regard. dcw/dda/h:dcxvmemos/1998, Kenyon re Fiddler's Creek Development Order EXHIBIT A Preserwn.q and enh;~nc~n,~ Florid,]'$ quahty of I~fe since 1966 HOLE, MONTES & ASSOCIATES, Il'lC. ENGIhlEERS PLAHMERS SUFIVE'¢OR S H.M.A. #93.132 H.M.A. REF. 782-4B 10/21/97 Sheet I of 9 PROPERTY DESCRIPTION PARCEL 1 A PARCEL OF LAND LOCATED IN SECTIONS 11, 14, 15,22, 23, 24, AND 25 ALL BEING IN TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 88°58'51" WEST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 22, FOR A DISTANCE OF 2738.26 FEET TO THE HORTH Y, CORNER OF SAID SECTION 22; THENCE RUN NORTH 00°18'43" EAST, ALONG THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 22, FOR A DISTANCE OF 695.26 FEET, THENCE RUN N. 88~58'11"W. FOR A DISTANCE OF 1422.07 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951, A 200.00 FOOT RIGHT-OF-WAY; THENCE RUN SOUTH 02°29'39'' WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951, FOR A DISTANCE OF 2232.43 FEET; THENCE RUN SOUTH 86°54'19" EAST FOR A DISTAHCE OF 1322.20 FEET; THENCE RUN SOUTH 89°27'22" EAST FOR A DISTANCE OF 125.79 FEET; THENCE RUN SOUTH 80~38'36'' EAST FOR A DISTANCE OF 86.82 FEET; THENCE RUN SOUTH 48°57'39.' EAST FOR A DISTANCE OF 143.49 FEET; THENCE RUN SOUTH 22°38'28.. EAST FOR A DISTANCE OF 101.19 FEET; THENCE RUN SOUTH 07°16'34" EAST FOR A DISTANCE OF 159.01 FEET; THENCE RUN SOUTH 22°27'03" EAST FOR A DISTANCE OF 80.97 FEET; THENCE RUN SOUTH 51°50'53'' EAST FOR A DISTANCE OF 124.40 FEET: THENCE RUN SOUTH 74°04'40.. EAST FOR A DISTANCE OF 144.06 FEET; THENCE RUN SOUTH 85°45'26.' EAST FOR A DISTANCE OF 187.62 FEET; THENCE RUN NORTH 82°02'11" EAST FOR A DISTANCE OF 108.47 FEET; THENCE RUN NORTH 28°53'36" EAST FOR A DISTANCE OF 104.27 FEET: THENCE RUN NORTH 10°26'56.' EAST FOR A DISTANCE OF 87.33 FEET; THENCE RUN NORTH 46°09'57'' EAST FOR A DISTANCE OF 161.84 FEET; THENCE RUN NORTH 68'40'14'' EAST FOR A DISTANCE OF 191.80 FEET; THENCE RUN NORTH 79°08'54'. EAST FOR A DISTANCE OF 121.22 FEET; THENCE RUN SOUTH 87°33'02'' EAST FOR A DISTANCE OF 275.66 FEET; THENCE RUN SOUTH 85°36'34'. EAST FOR A DISTANCE OF 196.37 FEET; THENCE RUN SOUTH 87°39'51.. EAST FOR A DISTANCE OF 185.04 FEET; THENCE RUN SOUTH 87~21'43'' EAST FOR A DISTANCE OF 105.83 FEET; THENCE RUN NORTH 85°51'57" EAST FOR A DISTANCE OF 86.75 FEET; THENCE RUN SOUTH 87"50'25" EAST FOR A DISTANCE OF 53.97 FEET; THENCE RUN SOUTH 43°21'06" EAST FOR A DISTANCE OF 96.83 FEET; THENCE RUN SOUTH 39°51'17'' EAST FOR A DISTANCE OF 55.10 FEET; THENCE RUN SOUTH 12°45'05.. EAST FOR A DISTANCE OF 48.21 FEET; THENCE RUN SOUTH 54°17'48" EAST FOR A DISTANCE OF 252.73 FEET; THENCE RUN NORTH 55°30'51" EAST FOR A DISTANCE OF 83.75 FEET; THENCE RUN NORTH 74°56'13" EAST FOR A DISTANCE OF 64.15 FEET; THENCE RUN SOUTH 82°07'55'' EAST FOR A DISTANCE OF 60.59 FEET; THENCE RUN SOUTH 51°36'21.' EAST FOR A DISTANCE OF 159.30 FEET; THENCE RUN SOUTH 00°11'44" WEST FOR A DISTANCE OF 120.56 FEET; THENCE RUN SOUTH 02°12'06"WEST FOR A DISTANCE OF 166.85 FEET; THENCE RUN NORTH 80°34'08.' EAST FOR A DISTANCE OF 106.80 FEET; THENCE RUN SOUTH 77°52'52'. EAST FOR A DISTANCE OF 122.93 FEET; THENCE RUN NORTH 85°11'20" EAST FOR A DISTANCE OF 115.84 FEET; THENCE RUN SOUTH 73°31'25" EAST FOR A DISTANCE OF 106.53 FEET; THENCE RUN NORTH 78°58'26'' EAST FOR A DISTANCE OF 51.97 FEET; THENCE RUN NORTH 05°41'54'' EAST FOR A DISTANCE OF 125.98 FEET; THENCE RUN NORTH 01°41'54'' EAST FOR A DISTANCE OF 77.72 FEET; THENCE RUN NORTH 15°43'51'. EAST FOR A DISTANCE OF 164.05 FEET; THENCE RUN NORTH 21°55'44" EAST FOR A DISTANCE OF 141.05 FEET; THENCE RUN NORTH 23°51'20" EAST FOR A DISTANCE OF 142.54 FEET; THENCE RUN NORTH 53°47'38" EAST FOR A DISTANCE OF 116.07 FEET; THENCE RUN NORTH 88°01'01'' EAST FOR A DISTANCE OF 145.07 FEET; THENCE RUN H.M.A. #93,132 H.M,A. REF. 782-4B 10/21/97 Sheet 2 of 9 NORTH 38°00'59.. EAST FOR A DISTANCE OF 369,42 FEET; THENCE RUN NORTH 39"43'19" EAST FOR A DISTANCE OF 299.43 FEET; THENCE RUN NORTH 44'48'34" EAST FOR A DISTANCE OF 108.44 FEET; THENCE RUN NORTH 74"20'58" EAST FOR A DISTANCE OF 101.17 FEET; THENCE RUN NORTH 77°28'10'' EAST FOR A DISTANCE OF 117.54 FEET; THENCE RUN NORTH 41°29'16.. EAST FOR A DISTANCE OF 102.86 FEET; THENCE RUN NORTH 16"25'45" EAST FOR A DISTANCE OF 68.07 FEET; THENCE RUN NORTH 32~16'13'' EAST FOR A DISTANCE OF 99.28 FEET; THENCE RUN NORTH 56°07'35'' EAST FOR A DISTANCE OF 115.20 FEET; THENCE RUN NORTH 22°53'12.' EAST FOR A DISTANCE OF 132.57 FEET; THENCE RUN NORTH 34°55'40.. EAST FOR A DISTANCE OF 81.02 FEET; THENCE RUN NORTH67"14'28" EAST FOR A DISTANCE OF 68.26 FEET; THENCE RUN NORTH 76°07'18" EAST FOR A DISTANCE OF 77.37 FEET; THENCE RUN SOUTH 86°19'59.. EAST FOR A DISTANCE OF 263.41 FEET; THENCE RUN SOUTH 14°15'46.' EAST FOR A DISTANCE OF 83.69 FEET; THENCE RUN SOUTH 23"58'59" WEST FOR A DISTANCE OF 58.61 FEET; THENCE RUN SOUTH 56%0'17" WEST FOR A DISTANCE OF 141.77 FEET; THENCE RUN SOUTH 48°14'20" WEST FOR A DISTANCE OF 110.87 FEET; THENCE RUN SOUTH 46°59'04.. WEST FOR A DISTANCE OF 86.08 FEET; THENCE RUN SOUTH 24"17'17" WEST FOR A DISTANCE OF 78.68 FEET; THENCE RUN SOUTH 59"03'57" EAST FOR A DISTANCE OF 32.25 FEET; THENCE RUN SOUTH 76"14'25" EAST FOR A DISTANCE OF 287.74 FEET; THENCE RUN SOUTH 87°00'56" EAST FOR A DISTANCE OF 151.16 FEET; THENCE RUN SOUTH 68'28'26" EAST FOR A DISTANCE OF 115.50 FEET; THENCE RUN SOUTH 43°13'27.' EAST FOR A DISTANCE OF 112.77 FEET; THENCE RUN SOUTH 18034'02.. EAST FOR A DISTANCE OF 220.03 FEET; THENCE RUN SOUTH 21°18'18" EAST FOR A DISTANCE OF 172.00 FEET; THENCE RUN SOUTH 18"33'08" EAST FORA DISTANCE OF 163,52 FEET; THENCE RUN SOUTH 76°44'26'. EAST FOR A DI3TANCE OF 125.93 FEET; THENCE RUN NORTH 74"26'22" EAST FOR A DISTANCE OF 115.09 FEET; THENCE RUN NORTH 47"34'17" EAST FOR A DISTANCE OF 55.95 FEET; THENCE RUN NORTH 12°06'43" WEST FOR A DISTANCE OF 69.72 FEET; THENCE RUN NORTH 31"18'44" WEST FOR A DISTANCE OF 100.54 FEET; THENCE RUN NORTH 16'38'57" WEST FOR A DISTANCE OF 133.88 FEET; THENCE RUN NORTH 09"53'00" EAST FOR A DISTANCE OF 213.52 FEET; THENCE RUN NORTH 48"28'23" EAST FOR A DISTANCE OF 119.96 FEET; THENCE RUN NORTH 87%0'26" EAST FOR A DISTANCE OF 33.64 FEET; THENCE RUN SOUTH 32°37'51" EAST FOR A DISTANCE OF 138.09 FEET; THENCE RUN SOUTH 40'52'24" EAST FOR A DISTANCE OF 125.01 FEET; THENCE RUN SOUTH 39~17'22'' EAST FOR A DISTANCE OF 115.06 FEET; THENCE RUN SOUTH 62°18'24" EAST FOR A DISTAr4CE OF 145.81 FEET; THENCE RUN SOUT~ 61"21'50" EAST FOR A DISTANCE OF 121.40 FEET; THENCE RUN SOUTH 59"49'44" EAST FOR A DISTANCE OF 115.57 FEET; THENCE RUN SOUTH 74"50'34" EAST FOR A DISTANCE OF 94.71 FEET; THENCE RUN NORTH 24°24'43" EAST FOR A DISTANCE OF 91.83 FEET; THENCE RUN NORTH 40~52'29'' EAST FOR A DISTANCE OF 247.62 FEET; THENCE RUN NORTH 40"23'40" EAST FOR A DISTANCE OF 276.26 FEET; THENCE RUN NORTH 39"53'20" EAST FOR A DISTANCE OF 411.53 FEET; THENCE RUN SOUTH 58°13'26" EAST FOR A DISTANCE OF 962.09 FEET; THENCE RUN SOUTH 19~09'18'' EAST FOR A DISTANCE OF 96.31 FEET; THENCE RUN SOUTH 08°45'22" WEST FOR A DISTANCE OF 121.08 FEET; THENCE RUN SOUTH 13"25'07" WEST FOR A DISTANCE OF 159.04 FEET; THENCE RUN SOUTH 20°02'48" WEST FOR A DISTANCE OF 189.88 FEET; THENCE RUN SOUTH 57°19'10"WEST FORA DISTANCE OF 559.88 FEET; THENCE RUN SOUTH 77°05'05.' WEST FOR A DISTANCE OF 327.57 FEET; THENCE RUN SOUTH 43°14'14'' WEST FOR A DISTANCE OF 401.58 FEET; THENCE RUN NORTH 66°08'10'' WEST FOR A DISTANCE OF 54.49 FEET; THENCE RUN SOUTH 64"07'14" WEST FOR A DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 48"23'22" WEST FOR A DISTANCE OF 35.08 FEET; THENCE RUN SOUTH 11°10'06" WEST FOR A DISTANCE OF 174.79 FEET; THENCE RUN SOUTH 04°12'55., WEST FOR A DISTANCE OF 151.70 FEET; THENCE RUN SOUTH 00"26'51" EAST FOR A DISTANCE OF 131.06 FEET; THENCE RUN SOUTH 07"57'23" EAST FOR A DISTANCE OF 52.02 FEET; THENCE RUN SOUTH 05°32'11" EAST FOR A DISTANCE OF 73./0 FEET; THENCE RUN SOUTH 39°42'25" WEST FOR A DISTANCE OF 60.13 FEET; THENCE RUN SOUTH 75"24'24" WEST FOR A DISTANCE OF 513.63 H.M.A. #93.132 t-I.MA. REF. 782-4B 10/21/97 Sheet 3 of 9 FEET; THENCE RU[',~ I'iORTH 71"25'16" WEST FOR A DISTANCE OF 78.08 FEET; THENCE RUN NORTH 54"31'46" WEST FOR A DISTANCE OF 292.73 FEET; THENCE RUN NORTH 36"53'16" WEST FOR A DISTANCE OF 88.54 FEET; THENCE RUN NORTH 75"02'38" WEST FOR A DISTANCE OF 101.42 FEET; THENCE RUN NORTH 58"07'21" WEST FOR A DISTAI'4CE OF 145.39 FEET; TH, El'ICE RUN NORTH 63°16'52'' WEST FOR A DISTANCE OF 100.54 FEET; THENCE RUr,I I,'ORTH 70"16'01" WEST FOR A DISTANCE OF 52.57 FEET; 'fHENCE RUN NOR'T. ri 76°18'47" WEST FOR A DISTANCE OF 139.12 FEET; THENCE RUN NORTH 88"18'46" WEST FOR A DISTAl'iCE OF 118.58 FEET; THENCE RUN SOUTH 78"25'37" WEST FOR A DISTANCE OF 120.58 FEET; THEI'4CE RUN SOUTH 70°42'34'. WEST FOR A DISTANCE OF 58.35 FEET; THENCE RU;; SOUTH 54"33'15" WEST FOR A DISTANCE OF 236.73 FEET; THENCE RUN SOUTH 01 °33'17" WEST FOR A DISTANCE OF 304.71 FEET; THENCE RUN SOUTH 30°08'16'' EAST FOR A DISTANCE OF 194.40 FEET; THENCE RUN SOUTH 01"31'06" WEST FOR A DISTANCE OF 139.28 FEET; THENCE RUN SOUTH 24°09'25'' EAST FOR A DISTANCE OF 317.35 FEET; THErICE RUI,~ SOUTH 07'~39'57'' EAST FOR A DISTANCE OF 618.63 FEET; THENCE RUN SOUTH 05°14'32.. EAST FOR A DISTANCE OF 48.49 FEET; THENCE RUN SOUTH 86°37'33'' EAST FOR ,4. DISTAr~CE OF 144.20 FEET; THENCE RUIq NORTH 74°58'46'' EAST FOR A DISTANCE OF 84.50 FEET; THENCE RUN NORTH 89°49'58'' EAST FOR A DISTANCE OF 166.94 FEET; THEh'CE RUN NORTH 54"40'25" EAST FOR `4, DISTANCE OF 155.08 FEET; THENCE RUN SOUTH 87~04'16'' EAST FOR A DISTANCE OF 183.90 FEET; THENCE RUN SOUTH 75°30'01" EAST FOR A DISTANCE OF 292.56 FEET; THENCE RUN SOUTH 74°07'29'. EAST FOR A DISTANCE OF 164.37 FEET; THENCE RUN NORTH 53°12'13'' EAST FOR A DISTANCE OF 77.41 FEET; THENCE RUN NORTH 71 "22'37" EAST FOR A DISTANCE OF 85.20 FEET; THENCE RUN SOUTH 85°53'26.. EAST FOR A DISTANCE OF 92.10 FEET; THENCE RUN SOUTH 83°23'30'' EAST FOR A DISTANCE OF 128.98 FEET; THENCE RUN NORTH 68°54'10.. EAST FOR A DISTANCE OF 100.70 FEET; THENCE RUN NORTH 55~32'22'' EAST FOR A DISTANCE OF 148.01 FEET; THENCE RUN NORTH 32°25'17'. EAST FOR A DISTANCE OF 235.05 FEET; THENCE RUN NORTH 33°14'22.' EAST FOR A DISTANCE OF 199.06 FEET; THENCE RUN NORTH 48°38'03'' EAST FOR A DISTANCE OF 111.62 FEET; THENCE RUN NORTH 40"09'31" EAST FOR A DISTANCE OF 96.63 FEET; THENCE RUN NORTH 18°03'03" EAST FOR A DISTANCE OF 285.56 FEET; THENCE RUN NORTH 55°55'34'. EAST FOR A DISTANCE OF 367.04 FEET; THENCE RUN SOUTH 72;39'46" EAST FOR A DISTANCE OF 93.19 FEET: THENCE RUN SOUTH 68°05'01" EAST FOR A DISTANCE OF 83.10 FEET; THENCE RUN SOUTH 32°29'50'' EAST FOR A DISTANCE OF 134.26 FEET; THENCE RUN NORTH 58°20'15.' EAST FOR A DISTANCE OF 1006.12 FEET; THENCE RUN NORTH 0S~49'07'' EAST FOR A DISTANCE OF 121.76 FEET; THENCE RUN I'4ORTH 86°01'20.' EAST FOR A DISTANCE OF 76.03 FEET; THENCE RUN SOUTH 81"56'11" EAST FOR A DISTANCE OF 62.99 FEET; THENCE RUN SOUTH 62°22'55" EAST FOR A DISTANCE OF 61.06 FEET; THENCE RUN SOUTH 28°55'42.. EAST FOR A DISTANCE OF 96.72 FEET; THENCE RUN SOUTH 07°05'01" EAST FOR A DISTANCE OF 98.49 FEET; THENCE RUN SOUTH 20'24'01" WEST FOR A DISTANCE OF 97.27 FEET; THENCE RUN SOUTH 64°30'14'' EAST FOR A DISTANCE OF 119.77 FEET; THENCE RUN NORTH 42°57'49'. EAST FOR A DISTANCE OF 68.57 FEET; THENCE RUN NORTH 19°23'04.' EAST FOR A DISTANCE OF 158.14 FEET; THENCE RUN NORTH 75"28'14" EAST FOR A DISTANCE OF 446.92 FEET; THENCE RUN NORTH 06°56'07'' EAST FOR A DISTANCE OF 178.75 FEET; THENCE RUN NORTH 66°12'10" WEST FOR A DISTANCE OF 63.59 FEET; THENCE RUN NORTH 71°24'18" WEST FOR A DISTANCE OF 123.29 FEET; THENCE RUN NORTH 50'53'00" WEST FOR A DISTANCE OF 112.15 FEET; THENCE RUN NORTH 16°04'21''WEST FOR A DISTANCE OF 86.40 FEET; THEr4CE RUN NORTH 28°52'24'' EAST FOR A DISTANCE OF 62.66 FEET; THENCE RUN NORTH 69°42'26.' EAST FOR A DISTANCE OF 91.21 FEET; THENCE RUN NORTH 88~57'04'' EAST FOR A DISTANCE OF 137.96 FEET; THENCE RUN SOUTH 51"15'23" EAST FOR A DISTANCE OF 66.98 FEET; THENCE RUN SOUTH 57°59'46'' EAST FOR A DISTANCE OF 90.38 FEET; THENCE RUN NORTH 83"57'39" EAST FOR A DISTANCE OF 185.60 FEET; THENCE RUN SOUTH 69°53'36'' EAST FOR A DISTANCE OF 103.27 FEET; THENCE RUN SOUTH 33°27'20'' EAST FOR A DISTANCE OF 47.82 FEET; THENCE RUN SOUTH 01°07'11" EAST FOR A DISTANCE OF 176.02 H.M.A. tt93.132 H.M.A. REF. 782-4B 10/21/97 Sheet 4 of 9 FEET; THENCE RUN SOUTH 57°10'59'. EAST FOR A DISTA.",%E OF 90.42 FEET; THENCE RUN SOUTH 59'52'00" EAST FOR A DISTANCE OF 215.9'3 FEET; THE~qCE RUN SOUTH 40"50'50" EAST FOR A DISTANCE OF 100.90 FEET; THENCE RUN SOUTH 01°41'10"WEST FOR A D1STAI';CE OF 221.55 FEET; THENCE RUN SOUTH 44°25'43.. EAST FOR A DISTA,',~CE OF 177.22 FEET; THENCE RUr] SOUTH 57°17'08'' EAST FOR A DISTANCE OF 194.66 FEET; THENCE RLIN SOUTH 49~41'29'' EAST FOR A DISTANCE OF 234.47 FEET; THENCE RUN SOUTH 51"45'12" EAST FOR A DISTANCE OF 285.65 FEET; THENCE RUN SOUTH 46°48'39" EAST FOR A DISTANCE OF 77.27 FEET; THENCE RUN SOUTH 55°26'25" EAST FOR A DISTANCE OF 87.85 FEET; THENCE RUN NORTH 83°37'01" EAST FOR A DISTANCE OF 54.43 FEET; THENCE RUN NORTH 5-3'38'02" EAST FOR A DISTANCE OF 133.38 FEET; THENCE RUN NORTH 86°08'02'' EAST FOR A DISTANCE OF 77.48 FEET; THENCE RUN SOUTH 67°01'55.. EAST FOR A DISTAl,iCE OF 118.58 FEET; THENCE RUN SOUTH 45°08'14.' EAST FOR A DISTANCE OF 25,50.69 FEET; THEr;CE RUN NORTH 29~52'54" EAST FOR A DISTANCE OF 85.21 FEET; THEr,ICE RUi',l I'4ORTH 27°30'00" EAST FOR A DISTANCE OF 86.22 FEET; THENCE RUN NORTH 25°35'58.. EAST FOR A DISTANCE OF 48.08 FEET; THENCE RUN I',IORTH 21"40'44" EAST FOR A DISTAi';CE OF 9'5.89 FEET; THENCE RUN NORTH 69°44'52.. WEST FOR A DISTANCE OF 38.61 FEET; THENCE RUN SOUTH 75°26'58" WEST FOR A DISTANCE OF 151.66 FEET; THENCE RUN NORTH 09"04'17" WEST FOR A DISTANCE OF 117.55 FEET; THENCE RUN NORTH 12"06'14" EAST FOR A DISTANCE OF 74.75 FEET; THENCE RUN NORTH 46'03'43" EAST FOR A DISTANCE OF 74.51 FEET; THENCE RUN NORTH 12"46'58"WEST FOR A DISTANCE OF 32.83 FEET; THENCE RUN I',,~ORTH 19°55'33.. WEST FOR A DISTANCE OF 74.92 FEET; THENCE RUN SOUTH 32"11'57"WEST FOR A DISTANCE OF 8542 FEET; THENCE RUN SOUTH 69°25'44" WEST FOR A DISTANCE OF 67.21 FEET; THENCE RUN NORTH 65"02'17" WEST FOR A DISTANCE OF 75.05 FEET; THENCE RUN NORTH 86°16'33'' WEST FOR A DISTANCE OF 109.50 FEET; THENCE RUr,,~ SOUTH 69°48'24.' WEST FOR A DISTANCE OF 95.29 FEET; THENCE RUN NORTH 31°09'55" WEST FOR A DISTANCE OF 62.54 FEET; THENCE RUN NORTH 01°12'06'' WEST FOR A DISTANCE OF 155.58 FEET; THENCE RUN NORTH 36°23'56.. EAST FOR A DISTANCE OF 105.80 FEET; THENCE RUN NORTH 10"55'24" WEST FOR A DISTANCE OF 140.47 FEET; THENCE RUN NORTH 22'37'48" EAST FOR A DISTANCE OF 51.15 FEET; TIfENCE RUN NORTH 37°19'10.. EAST FOR A DISTANCE OF 162.48 FEET; THENCE RUN NORTH 19"33'02" EAST FOR A DISTANCE OF 118.95 FEET; THENCE RUN NORTH 08°08'12" EAST FOR A DISTANCE OF 108.72 FEET; THENCE RUN NORTH 04~59'51" WEST FOR A DISTANCE OF 137.15 FEET; THENCE RUN NORTH 20'30'53" EAST FOR A DISTANCE OF 147.93 FEET; THEHCE RUN NORTH 05°46'25.. EAST FOR A DISTANCE OF 148.33 FEET; THENCE RUN NORTH 17'32'07" WEST FOR A DISTANCE OF 160.04 FEET; THENCE RUN NORTH 15°13'39" WEST FOR A DISTANCE OF 140.97 FEET; THENCE RUN NORTH 00°05'49.. WEST FOR A DISTANCE OF 73.02 FEET; THENCE RUN NORTH 25°39'35'' EAST FOR A DISTANCE OF 96.53 FEET; THENCE RUN NORTH 59°22'21.. EAST FOR A DISTANCE OF 73.73 FEET; THENCE RUN SOUTH 40'21'48" EAST FOR A DISTANCE OF 52.95 FEET; THENCE RUN SOUTH 01°53'33" WEST FOR A DISTANCE OF 116.69 FEET; THENCE RUN SOUTH 82"33'24" EAST FOR A DISTAr~CE OF 120.72 FEET; THENCE RUN SOUTH 63°38'53.' EAST FOR A DISTAI'.ICE OF 64.07 FEET; THENCE RUN SOUTH 44"52'32" EAST FOR A DISTAf'~CE OF 54.42 FEET; THEIqCE RUN SOUTH 10'29'59" EAST FOR A DISTANCE OF 79.18 FEET: THENCE RUN SD'JTH 37"18'09" WEST FOR A DISTANCE OF 50.11 FEET: THEI",%E RU;'.; SOUTH 2-3',46'39' ',.'.EST FOR A DISTANCE OF 75.80 FEET: THEI'..;'CE RU:; SOUTPI 25:22'43" WEST FO.=, A D;OTA,".;CE OF 103.06 FEET; THEHCE RU~',; SOUT~ '10~5'3'20'' WEST FO=` A DiSTA:.;CE OF '~ ~'.3 37 FEET. THE,".~GE SOUTH 10:07'1 '1" EAST FOR A DISTAL:CE OF '107 'i0 FEET. THE~';,CE R',.J:; SD'JTH 42'"29'24" EAST FO.=,, A DIST,:..:;CE OF i "i6 9'~ FEET: T~.E,",'CE RU~; SDLJTH 0-3:'~5'I7' '.'.rEST FOR A D!STAh'CE OF 34 ~6 FEET: T~E~.;'CE RU;: SOUTH 6.3 16'3~" ',,",'EST FOR A B.OTA,";CE OF 't06.49 FEET; THF,".;CE RU~; SOUTH 23:'42'39" ',,'.'EST FOR A D:STA~;$E CF 13,3 ,4'3 FEET; THE~',~CE RUN SOUTH 0~'54'45" EAST FOR A D',STA.~4,OE OF 85 19 FEET: THE;.;CE RU,'; SOUTH 20"38°43" E;...ST FOR A DISTA.";CE OF £2.59 FEET. THE;'.;CE RU,"; S:D'.JT,"'-"t 85'"18'35' E;.,ST FOR A D:OT;-..;.;'CE OF 'i5z 23 FEET: THE,';CE ~.'D'.; S'D~DTH ~$'27",0" EAST FOR A D:STAI';CE OF 201.60 H.M.A. #93.132 H.M.A. REF. 782-4B 10/21 I97 Sheet 5 of 9 FEET; TO A POINT ON THE EAST LINE OF SECTION 24, TOWHSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUH NORTH 00'15'28" EAST, ALONG THE EAST LI~'4E OF SAID SECTION 24, FOR A DISTANCE OF 4476.41 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE RUN NORTH 88°58'55'' WEST, ALONG THE I';ORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2713.71 FEET TO THE NORTH % CORNER OF SAID SECTION 24; THENCE RUN NORTH 88"59'02" WEST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2713.25 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24; THENCE RUI',I I','ORTH 00'25'53" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTIOI',I 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, FOR A DISTANCE OF 2749.82 FEET TO THE EAST 1/4 CORNER OF SAID SECTIOhl 14; THENCE CONTINUE NORTH 00'25'53" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1374.91 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTI-',~.AST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'09" WEST, ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST ¼ OF SAID SECTION 14, FOR A DISTAHCE OF 692.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE ~';ORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTIOI',,I 14; THENCE Rur4 NORTH 00~20'l l" WEST. ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE H'ORTHEAST 1,'4 OF SAID SECTION 14, FOR A DISTANCE 1377.88 FEET TO THE HORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE I'~ORTHEAST 1/4 OF SAID SECTIOh~ 14; THENCE RUN SOUTH 88"04'59" EAST, ALONG THE I':ORTH LI,';E OF THE EAST 1,,'2 OF THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF SAID SECTIO,",! 14, FOR A DISTANCE OF 6-30.34 FEET TO THE NORTHEAST CORNER OF SAID SECTIO,',I 14; THEI';,CE RUN NORTH 0~:0£'45" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 114 OF SECTIOI',~ 11, TOWNSHIP 51 SOUTH. RANGE 26 EAST, FOR A DISTANCE OF 2749.53 FEET TO THE EAST 1/4 CORNER OF S..:..:D SECTIOh! 11; THENCE CONTINUE NORTH 01 '00'45" EAST, ALONG THE EAST LINE OF THE I';DRTHEAST 1/4 OF SAID SECTION 11, FOR A DISTAl'iCE OF 559.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY I';O. 41 (TAMIAMI TRAIL), A 200.00 FOOT RtC-~.T-OF-WAY; THENCE RUN NORTH 54"21'15" WEST, ALONG THE SOUTHERLY P.' 3?.T.OF.?,'AY LINE OF U.S. HIGHWAY NO. 41, FOR A DISTANCE OF 1244.99 FEET; THENCE R J:; SOUTH 01'14'40"WEST FOR A DISTANCE OF 100.00 FEET; THENCE RUN NORTH ~--::45'20" WEST FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 01°14'40" WEST FOR A DISTAI':CE OF 293.15 FEET; THENCE RUN NORTH 54~21'15" WEST FOR A DISTANCE OF 40,3.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01°14'40"WEST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE 1082.83 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01 °14'30" WEST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 2745.91 FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHEAST 114 OF SAID SECTION 11; THENCE RUN SOUTH 00°14'31" EAST, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1380.85 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'10'' WEST, ALONG THE SOUTH LINE OF THE NORTH 114 OF SAID SECTION 14, FOR A DISTANCE OF 4154.87 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTIOi',I 14; THENCE RUN NORTH 89'13'52" WEST, ALONG THE NORTH LINE OF THE SOUTH 112 OF THE NORTHEAST 114 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, FOR A DISTANCE OF 2738.98 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE RUN SOUTH 00°18'43''WEST, ALONG THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF SAID SECTION 15, FOR A DISTANCE OF 1392.96 FEET TO THE CENTER OF SAID SECTION 15; THENCE RUN SOUTH 89°06'35" EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 15, FOR A DISTANCE OF 2739.04 FEET TO H.M.A. #93.132 H.M.A. REF. 782o4B 10121/97 Sheet 6 of 9 THE EAST 114 CORNER OF SAID SECTION 15; THENCE RUN SOUTH 00'19'46" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 2787.36 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE POINT OF BEGINNING; CONTAINING 1687.5109 ACRES, MORE OR LESS. AND PARCEL 2 A PARCEL OF LAND LOCATED IN SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'15'28" WEST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 4679.59 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 72'12'44" WEST FOR A DISTANCE OF 86.92 FEET; THENCE RUN NORTH 69"28'32" WEST FOR A DISTANCE OF 94.14 FEET; THENCE RUN SOUTH 85"05'50" WEST FOR A DISTANCE OF 80.86 FEET; THENCE RUN SOUTH 78"39'42" WEST FOR A DISTANCE OF 79.41 FEET; THENCE RUN SOUTH 46"52'35" WEST FOR A DISTANCE OF 76.76 FEET; THENCE RUN SOUTH 54°05'10" EAST FOR A DISTANCE OF 62.53 FEET; THENCE RUN SOUTH 81"19'02" EAST FOR A DISTANCE OF 71.38 FEET; THENCE RUN NORTH 88°47'42" EAST FOR A DISTANCE OF 97.52 FEET; THENCE RUN NORTH 83*27'32" EAST FOR A DISTANCE OF 84.68 FEET; THENCE RUN NORTH 84°27'57" EAST FOR A DISTANCE OF 82.73 FEET; THENCE RUN NORTH 00°15'28" EAST, ALONG THE EAST LINE OF SECTION 24, FOR A DISTANCE OF 43.22 FEET TO THE POINT OF BEGINNING; CONTAINING 0.779 ACRE, MORE OR LESS. AND PARCEL 3 A PARCEL OF LAND LOCATED IN SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°15'28" WEST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 4790.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 86°15'35" WEST FOR A OISTANCE OF 52.39 FEET; THENCE RUN SOUTH 56"39'23" WEST FOR A DISTANCE OF 67.01 FEET; THENCE RUN SOUTH 12°30'16" WEST FOR A DISTANCE OF 74.05 FEET; THENCE RUN SOUTH 07°47'40" EAST FOR A DISTANCE OF 77.35 FEET; THENCE RUN SOUTH 16°03'58" EAST FOR A DISTANCE OF 121.00 FEET; THENCE RUN SOUTH 34"56'39" EAST FOR A DISTANCE OF 136.99 FEET; THENCE RUN NORTH 00"15'28" EAST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 410.92 FEET TO THE POINT OF BEGINNING; CONTAINING 0.824 ACRE, MORE OR LESS. AND ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. AND H.M.A. #9:3.132 H.M.A. REP. 782-4B 10/21/97 Sheet 7 of 9 ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NORTH '/~ OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES, INC., (CIO SOUTHERN STATES UTILITIES, INC.) AS RECORDED IN OFFICIAL RECORDS BOOK 1483, PAGES 497 TO 499, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 7 THAT CERTAIN PARCEL OF LAND, LYING IN SECTIONS 24 AND 25, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST BOUNDARY CORNER OF SAID SECTION 24, THENCE ALONG THE EAST BOUNDARY OF SAID SECTION 24 SOUTH 00°15'28" WEST A DISTANCE OF 4,476.41 FEET TO A POINT ON SAID BOUNDARY; THENCE LEAVING SAID EAST BOUNDARY NORTH 88°28'10.' WEST A DISTANCE OF 201.60 FEET; THENCE NORTH 85°18'35" WESTA DISTANCE OF 164.23 FEET; THENCE NORTH 20°38'43" WEST A DISTANCE OF 62.59 FEET; THENCE NORTH 08 °54'48" WEST A DISTANCE OF 85.19 FEET; THENCE NORTH 23"42'39" EAST A DISTANCE OF 130.40 FEET; THENCE NORTH 60°16'31'' EAST A DISTANCE OF 106.48 FEET; THENCE NORTH 08°16'17.. EAST A DISTANCE OF 34.66 FEET; THENCE NORTH 42°29'24" WEST A DISTANCE OF 116.91 FEET; THENCE NORTH 10°07'11" WEST A DISTANCE OF 107.10 FEET; THENCE NORTH 10°56'20" EAST A DISTANCE OF 105.37 FEET, THENCE NORTH 25"22'43" EAST A DISTANCE OF 103.06 FEET; THENCE NORTH 29°46'39.' EAST A DISTANCE OF 75.80 FEET; THENCE NORTH 37°18'09'' EAST A DISTANCE OF 50.11 FEET; THENCE NORTH 10°29'59'' WEST A DISTANCE OF 79.18 FEET; THENCE NORTH 44°52'32" WEST A DISTANCE OF 54.42 FEET; THENCE NORTH 63°38'53" WEST A DISTANCE OF 64.07 FEET, THENCE NORTH 82"33'24" WEST A DISTANCE OF 120.72 FEET; THENCE NORTH 01 °53'33" EAST A DISTANCE OF 116.69 FEET; THENCE NORTH 40°21'48" WEST A DISTANCE OF 52.95 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE SOUTH 59"22'21" WEST A DISTANCE OF 73.73 FEET; THENCE SOUTH 25"39'35" WEST A DISTANCE OF 95.53 FEET (96.63 CALCULATED); THENCE SOUTH 00°05'49" EAST A DISTANCE OF 73.02 FEET; THENCE SOUTH 15°13'39'. EAST A DISTANCE OF 140.97 FEET; THENCE SOUTH 17°32'07'' EAST A DISTANCE OF 160.04 FEET; THENCE SOUTH 03°46'25'' WEST A DISTANCE OF 148.33 FEET; THENCE SOUTH 20°30'53" WEST A DISTANCE OF 147.93 FEET; THENCE SOUTH 04°59'51" EAST A DISTANCE OF 137.15 FEET; THENCE SOUTH 08°08'12.' WEST A DISTANCE OF 108.72 FEET; THENCE SOUTH 19°33'02" WESTA DISTANCE OF 118.95 FEET; THENCE SOUTH 37"19'10" WEST A DISTANCE OF 162.48 FEET, THENCE SOUTH 22°37'48" WEST A DISTANCE OF 51.15 FEET; THENCE SOUTH 10"55'24" EAST.A DISTANCE OF 140.47 FEET; THENCE SOUTH 36°23'56'' WEST A DISTANCE OF 106.80 FEET; THENCE SOUTH 01°12'06'' EAST A DISTANCE OF 153.58 FEET; THENCE SOUTH 31 "09'56" EAST A DISTANCE OF 62.54 FEET; THENCE NORTH 69°48'24" EAST A DISTANCE OF 95.29 FEET; THENCE SOUTH 86"16'33" EAST A DISTANCE OF 109.50 FEET; THENCE SOUTH 65°02'17" EAST A DISTANCE OF 75.05 FEET; THENCE NORTH 69°25'44" EAST A DISTANCE OF 67.21 FEET; THENCE NORTH 32"11'57" EAST A DISTANCE OF 85.42 FEET; THENCE SOUTH 19°55':33'. EAST A DISTANCE OF 74.92 FEET; THENCE SOUTH 12°46'58 EAST A DISTANCE OF 32.83 FEET; THENCE SOUTH 46°03'43" WEST A DISTANCE OF 74.51 FEET; THENCE SOUTH 12 °06'14" WEST A DISTANCE OF 74.75 FEET; THENCE SOUTH 09°04'17" EAST A DISTANCE OF 117.55 FEET; THENCE NORTH 75°26'58" EAST A DISTANCE OF 151.66 FEET; THENCE SOUTH 69°44'52" EAST A DISTANCE OF 38.61 FEET; THENCE SOUTH 21°40'44" WEST A DISTANCE OF 96.89 FEET; THENCE SOUTH 25°35'58" WEST A DISTANCE OF 48.08 FEET; THENCE SOUTH 27"30'00" WEST A DISTANCE OF 86.22 FEET; THENCE SOUTH 29°52'54" WEST A H.M.A. 1t93.132 H.M.A. REF. 782-4B 10/21/97 Sheet 8 of 9 DISTANCE OF 85.21 FEET; THENCE NORTH 45'08'14" WEST A DISTANCE OF 2.,560.69 FEET; THENCE NORTH 00°15'28.. EAST A DISTANCE OF 265.00 FEET; THENCE SOUTH 89'44'32" EAST A DISTANCE OF 375.00 FEET; THENCE NORTH 84°04'19" EAST A DISTANCE OF 149.18 FEET; THENCE NORTH 79°01'56" EAST A DISTANCE OF 484.64 FEET; THENCE NORTH 61'23'47" EAST A DISTANCE OF 447.94; THENCE SOUTH 89°44'32" EAST A DISTANCE OF 264.73 FEET; THENCE SOUTH 00°15'28~' WEST A DISTANCE OF 141.70 FEET TO THE POINT OF. BEGINNING. CONTAINING 43.00 ACRES, MORE OR LESS. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1495, PAGES 384, 385 AND 387, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT CERTAIN PARCEL OF LAND LYING IN AND BEING A PART OF SECTIONS 23 AND 24, TOWNSHIP 51 SOUTH, RA~GE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE RUN NORTH 88~58'53'' WEST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 218.01 FEET; THENCE LEAVING SAID SECTION LINE, RUN SOUTH 39°46'43" WEST A DISTANCE OF 711.68 FEET; THENCE RUN SOUTH 50°13'17" EAST A DISTANCE OF 1,515.63 FEET; THENCE RUN SOUTH 39~46'43'' WEST A DISTANCE OF 1,050.00 FEET; THENCE RUN SOUTH 50°13'17" EAST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE SOUTH 50'13'17'' EAST A DISTANCE OF 739.75 FEET; THENCE RUN NORTH 39046'43.' EAST A DISTANCE OF 706.62 FEET; THENCE RUN NORTH 50°13'17'' WEST A DISTANCE OF 739.75 FEET; THENCE RUN SOUTH 39'46'43" WEST A DISTANCE OF 706.62 FEET TO THE POINT OF BEGINNING. CONTAINING 12.00 ACRES, MORE OR LESS. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1755, PAGE 361, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY MOST CORNER OF CHAMPIONSHIP DRIVE, MARCO SHORES UNIT 30 GOLF COURSE, PLAT BOOK 17, PAGES 98 THROUGH 103, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF SAID CHAMPIONSHIP DRIVE SOUTH 89°13'53" EAST 35.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID LINE SOUTH 89"13'52" EAST 109.79 FEET; THENCE LEAVING SAID LINE SOUTH 00°18'43'' WEST 153.94 FEET; THENCE NORTH 86°07'06" WEST 110.00 FEET; THENCE NORTH 00°18'43" EAST 147.96 FEET TO THE POINT OF BEGINNING. CONTAINING 0.38 ACRES, MORE OR LESS. LESS AND EXCEPT A PORTION OF GOLF COURSE PARCEL 1, "MARCO SHORES UNIT 30 GOLF COURSE", AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; H,M.A. #93.132 H.M.A. REF. 782-4B 10121197 Sheet 9 oi' 9 GOLF COURSE PARCEL 1, "MARCO SHORES UNIT 30 GOLF COURSE", AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., LESS THE FOLLOWING DESCRIBED PARCEL; COMMENCE AT THE MOST SOUTHERLY CORNER OF GOLF COURSE PARCEL 1, MARCO SHORES, UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 50°51'54" W., ALONG THE SOUTHERLY BOUNDARY LINE OF SAiD GOLF COURSE PARCEL 1, FOR A DISTANCE OF 741.96 FEET; THENCE RUN NORTH 74°24'33" W., ALONG THE SOUTHERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1, FOR A DISTANCE OF 58.68 FEET; THENCE RUN NORTH 89°40'14'W, ALONG THE SOUTHERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1, FOR A DISTANCE OF 67.63 FEET TO THE POIHT OF BEGI..'JHIrJG OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 89'40'14'W, ALONG THE SOUTHERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1; THENCE RUN NORTH 00°19'46"E, ALONG THE WESTERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1 FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1; THENCE RUN SOUTH 89°40'14"E, ALONG THE NORTHERLY BOUNDARY OF SAID GOLF COURSE PARCEL 1, FOR A DISTANCE OF 150.00 FEET; THENCE RUN SOUTH 00°19'46"W. FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.430 ACRES, MORE OR LESS. LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 2, 3 AND 4 "MARCO SHORES UHIT 30 GOLF COURSE", AS SHOWN QN THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 88'58'51" WEST. PROPERTY DESCRIPTION FOR PARCEL 1 IS COMPOSED ENTIRELY FROM THAT CERTAIN MAP TITLED MARCO SHORES UNIT 30 BOUNDARY MAP CREATED BY THE DELTONA CORPORATION - DEPT. OF REAL ESTATE SERVICES IN JULY 1989 AND REVISED NOVEMBER 20, 1989 AND AGAIN SEPTEMBER 24, 1991 AS PROVIDED BY GULF BAY DEVELOPMENT INC. AND HAS BEEN PREPARED WITHOUT BENEFIT OF SURVEY. PROPERTY DESCRIPTIONS FOR PARCELS 2 AND 3 ARE BASED ON EXHIBIT "A" OF THE SPECIAL WARRANTY DEED AS RECORDED IN OFFICIAL RECORD BOOK 1911 PAGE 144 ET. SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND HAS BEEN PREPARED WITHOUT BENEFIT OF SURVEY. THESE DESCRIPTIONS OF ALL PARCELS SHOWN HEREON ARE INTENDED ONLY AS REPRESENTATIONS OF SPECIFIC DATA IN THE ABOVE REFERENCED DOCUMENTS AND NOT INTENDED AS CERTIFICATIQN OF ACTUAL FIELD LOCATIONS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M.#5628 STATE OF FLORIDA 12C7 , Pfo$drvln.q ,'~r~d ont~,3nclng Florid,3'5 qu,'lhty of hfo 5~r3ce t966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNEI~{S SUf~VEYOI'IS H.M.A. 1/93.132 H.M.A. DWG. #A-782-4 10/2/97 Sheet 1 of 9 PROPER'FY DESCRIPTION PARCEL 1 A PARCEL OF LAND LOCATED IN SECTIONS 11, 14, 15, 22, 23, 24, AND 25 ALL BEING IN TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 88'58'51" WEST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 22, FOR A DISTANCE OF 2738.26 FEET TO THE NORTH I/, CORNER OF SAID SECTION 22; THENCE RUN NORTH 00°18'43" EAST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 22, FOR A DISTANCE OF 695.26 FEET, THENCE RUN N. 88'58'11" W. FOR A DISTANCE OF 1422.07 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951, A 200.00 FOOT RIGHT.OF-WAY; THENCE RUN SOUTH 02*29'39" WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951, FOR A DISTANCE OF 2232.43 FEET; THENCE RUN SOUTH 86'54'19" EAST FOR A DISTANCE OF 1322.20 FEET; THENCE RUN SOUTH 89°27'22" EAST FOR A DISTANCE OF 125.79 FEET; THENCE RUN SOUTH 80*38'36" EAST FOR A DISTANCE OF 86.82 FEET; THENCE RUN SOUTH 48'57'39" EAST FOR A DISTANCE OF 143.49 FEET; THENCE RUN SOUTH 22°38'28" EAST FOR A DISTANCE OF 101.19 FEET; THENCE RUN SOUTH 07'16'34" EAST FOR A DISTANCE OF 159.01 FEET; THENCE RUN SOUTH 22'27'03" EAST FOR A DISTANCE OF 80.97 FEET; THENCE RUN SOUTH 51'50'53" EAST FOR A DISTANCE OF 124.40 FEET; THENCE RUN SOUTH 74'04'40" EAST FOR A DISTANCE OF 144.06 FEET; THENCE RUN SOUTH 85045'26" EAST FOR A DISTANCE OF 187.62 FEET; THENCE RUN NORTH 82'02'11" EAST FOR A DISTANCE OF 108.47 FEET; THENCE RUN NORTH 28°53'36" EAST FOR A DISTANCE OF 104.27 FEET; THENCE RUN NORTH 10°26'56" EAST FOR A DISTANCE OF 87.33 FEET; THENCE RUN NORTH 46*09'57" EAST FOR A DISTANCE OF 161.84 FEET; THENCE RUN NORTH 68'40'14" EAST FOR A DISTANCE OF 191.80 FEET; THENCE RUN NORTH 79°08'54'' EAST FOR A DISTANCE OF 121.22 FEET; THENCE RUN SOUTH 87'33'02" EAST FOR A DISTANCE OF 275.66 FEET; THENCE RUN SOUTH 85'36'34" EAST FOR A DISTANCE OF 196.37 FEET; THENCE RUN SOUTH 87'39'51" EAST FOR A DISTANCE OF 185.04 FEET; THENCE RUN SOUTH 87'21'43" EAST FOR A DISTANCE OF 105.83 FEET; THENCE RUN NORTH 85'51'57" EAST FOR A DISTANCE OF 86.75 FEET; THENCE RUN SOUTH 87°50'25" EAST FOR A DISTANCE OF 53.97 FEET; THENCE RUN SOUTH 43'21'06" EAST FOR A DISTANCE OF 96.83 FEET; THENCE RUN SOUTH 39'51'17' EAST FOR A DISTANCE OF 55.10 FEET; THENCE RUN SOUTH 12'45'05" EAST FOR A DISTANCE OF 48.21 FEET; THENCE RUN SOUTH 54'17'48" EAST FOR A DISTANCE OF 252.73 FEET; THENCE RUN NORTH 55°30'51" EAST FOR A DISTANCE OF 83.75 FEET; THENCE RUN NORTH 74'56'13" EAST FOR A DISTANCE OF 64.15 FEET; THENCE RUN SOUTH 82'07'55" EAST FOR A DISTANCE OF 60.59 FEET; THENCE RUN SOUTH 51'36'21" EAST FOR A DISTANCE OF 159.30 FEET; THENCE RUN SOUTH 00'11'44" WEST FOR A DISTANCE OF 120.56 FEET; THENCE RUN SOUTH 02'12'06" WEST FOR A DISTANCE OF 166.85 FEET; THENCE RUN NORTH 80°34'08" EAST FOR A DISTANCE OF 106,80 FEET; THENCE RUN SOUTH 77'52'52" EAST FOR A DISTANCE OF 122.93 FEET; THENCE RUN NORTH 85°11'20" EAST FOR A DISTANCE OF 115.84 FEET; THENCE RUN SOUTH 73'31'25" EAST FOR A DISTANCE OF 106.53 FEET; THENCE RUN NORTH 78'58'26" EAST FOR A DISTANCE OF 51.97 FEET; THENCE RUN NORTH 05'41'54" EAST FOR A DISTANCE OF 125.98 FEET; THENCE RUN NORTH 01°41'54" EAST FOR A DISTANCE OF EXHIBIT "A" [267 H.M.A. #93.132 H.M.A. DWG. #A-782-4 10/2/97 Sheet 2 of 9 77.72 FEET; THENCE RUN NORTH 15°43'51" EAST FOR A DISTANCE OF 164.05 FEET; THENCE RUN NORTH 21°55'44" EAST FOR A DISTANCE OF 141.05 FEET; THENCE RUN NORTH 23°51'20.. EAST FOR A DISTANCE OF 142.54 FEET; THENCE RUN NORTH 53°47'38" EAST FOR A DISTANCE OF 116.07 FEET; THENCE RUN NORTH 88°01'01- EAST FOR A DISTANCE OF 145.07 FEET; THENCE RUN NORTH 38°00'59" EAST FOR A DISTANCE OF 369.42 FEET; THENCE RUN NORTH 39°43'19" EAST FOR A DISTANCE OF 299.43 FEET; THENCE RUN NORTH 44°48'34.. EAST FOR A DISTANCE OF 108.44 FEET; THENCE RUN HORTH 74°20'58" EAST FOR A DISTANCE OF 101.17 FEET; THENCE RUN NORTH 77°28'10" EAST FOR A DISTANCE OF 117.54 FEET; THENCE RUN NORTH 41°29'16" EAST FOR A DISTANCE OF 102.86 FEET; THENCE RUN NORTH 16°25'45" EAST FOR A DISTANCE OF 68.07 FEET; THENCE RUN NORTH 32°16'13" EAST FOR A DISTANCE OF 99.28 FEET; THENCE RUH NORTH 56°07'35.. EAST FOR A DISTANCE OF 115.20 FEET; THENCE RUN NORTH 22°53'12" EAST FOR A DISTANCE OF 132.57 FEET; THENCE RUN NORTH 34°55'40.. EAST FOR A DISTAl,ICE OF 81.02 FEET; THEHCE RUN NORTH 67°14'28" EAST FOR A DISTANCE OF 68.26 FEET; THENCE RUN NORTH 76°07'18" EAST FOR A DISTANCE OF 77.37 FEET; THENCE RUN SOUTH 86°19'59" EAST FOR A DISTANCE OF 263.41 FEET; THENCE RUN SOUTH 14°15'46" EAST FOR A DISTANCE OF 83.69 FEET; THENCE RUN SOUTH 23°58'59" WEST FOR A DISTANCE OF 58.61 FEET; THENCE RUN SOUTH 56°50'17.. WEST FOR A DISTANCE OF 141.77 FEET; THENCE RUN SOUTH 48°14'20" WEST FOR A DISTANCE OF 110.87 FEET; THENCE RUN SOUTH 46°59'04- WEST FOR A DISTANCE OF 86.08 FEET; THENCE RUN SOUTH 24°17'17" WEST FOR A DISTANCE OF 7868 FEET; THENCE RUN SOUTH 59°03'57" EAST FOR A DISTANCE OF 32.26 FEET; THENCE RUN SOUTH 76°14'25" EAST FOR A DISTANCE OF 287.74 FEET; THENCE RUN SOUTH 87°00'56" EAST FOR A DISTANCE OF 151.16 FEET; THENCE RUN SOUTH 68°28'26.. EAST FOR A DISTANCE OF 115.50 FEET; THENCE RUN SOUTH 43°13'27" EAST FOR A DISTANCE OF 112.77 FEET; THENCE RUN SOUTH 18°34'02' EAST FOR A DISTANCE OF 220.03 FEET; THENCE RUN SOUTH 21°18'18" EAST FOR A DISTANCE OF 172.00 FEET; THENCE RUN SOUTH 18°33'08" EAST FOR A DISTANCE OF 163.52 FEET; THENCE RUN SOUTH 76°44'26" EAST FOR A DISTANCE OF 125.93 FEET; THENCE RUN NORTH 74°26'22" EAST FOR A DISTANCE OF 115.09 FEET; THENCE RUN NORTH 47°34'17.. EAST FOR A DISTANCE OF 55.95 FEET; THENCE RUN NORTH 12°06'43" WEST FOR A DISTANCE OF 69.72 FEET; THENCE RUN NORTH 31°18'44" WEST FOR A DISTANCE OF 100.54 FEET; THENCE RUN NORTH 16°38'57" WEST FOR A DISTANCE OF 133.88 FEET; THENCE RUN NORTH 09°53'00" EAST FOR A DISTANCE OF 213.52 FEET; THENCE RUN NORTH 48°28'23" EAST FOR A DISTANCE OF 119.96 FEET; THENCE RUN NORTH 87°30'26.. EAST FOR A DISTANCE OF 33.64 FEET; THENCE RUN SOUTH 32°37'51" EAST FOR A DISTANCE OF 13809 FEET; THENCE RUN SOUTH 40°52'24" EAST FOR A DISTANCE OF 125.01 FEET; THENCE RUN SOUTH 39°17'22.. EAST FOR A DISTANCE OF 115.06 FEET; THENCE RUN SOUTH 62°18'24.. EAST FOR A DISTANCE OF 145.81 FEET; THENCE RUN SOUTH 61°21'50'' EAST FOR A DISTANCE OF 121.40 FEET; THENCE RUN SOUTH 59°49'44" EAST FOR A DISTANCE OF 115.57 FEET; THENCE RUN SOUTH 74°50'34" EAST FOR A DISTANCE OF 94.71 FEET; THENCE RUN NORTH 24°24'43- EAST FOR A DISTANCE OF 91.83 FEET; THENCE RUN NORTH 40°52'29" EAST FOR A DISTANCE OF 247.62 FEET; THENCE RUN NORTH 40°23!40" EAST FOR A DISTANCE OF 276.26 FEET; THENCE RUN NORTH 39°53'20" EAST FOR A DISTANCE OF 411.53 FEET; THENCE RUN SOUTH 58°13'26" EAST FOR A DISTANCE OF 962.09 FEET; THENCE RUN SOUTH 19°09'18'. EAST FOR A DISTANCE OF 96.31 FEET; THENCE RUN SOUTH 08°45'22" WEST FOR A DISTANCE OF 121.08 FEET; THENCE RUN SOUTH 13°25'07" WEST FOR A DISTANCE OF 159.04 FEET; THENCE RUN SOUTH 20°02'48" WEST FOR A DISTANCE OF 189.88 FEET; THENCE RUN SOUTH 57°19'10" WEST FOR A DISTANCE OF 559.88 FEET; THENCE RUN SOUTH 77°05'05" WEST FOR A DISTANCE OF 327.57 FEET; THENCE RUN ....... , I mlllm~llm~lll II II I I I IIIIIII II I I IIII .... 12C7 H.M.A. #93.132 H.M.A. DWG. #A-782-4 1012197 Shee! 3 of 9 SOUTH 43°14'14'' WEST FOR A DISTANCE OF 401.58 FEET; THENCE RUN NORTH 66°08'10'' WEST FOR A DISTANCE OF 54.49 FEET; THENCE RUN SOUTH 64°07'14" WEST FOR A DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 48°23'22" WEST FOR A DISTANCE OF 35.08 FEET; THENCE RUN SOUTH 11°10'06" WEST FOR A DISTANCE OF 174.79 FEET; THENCE RUN SOUTH 04°12'55" WEST FOR A DISTANCE OF 151.70 FEET; THENCE RUN SOUTH 00°26'51" EAST FOR A DISTANCE OF 131.06 FEET; THENCE RUN SOUTH 07°57'23" EAST FOR A DISTANCE OF 52.02 FEET; THENCE RUN SOUTH 05"32'11" EAST FOR A DISTANCE OF 73.70 FEET; THENCE RUN SOUTH 39°42'25" WEST FOR A DISTANCE OF 60.13 FEET; THENCE RUN SOUTH 75°24'24" WEST FOR A DISTANCE OF 513.63 FEET; THENCE RUN NORTH 71°25'16" WEST FOR A DISTANCE OF 78.08 FEET; THENCE RUN NORTH 54°31'46" WEST FOR A DISTANCE OF 292.73 FEET; THENCE RUN NORTH 36°53'16" WEST FOR A DISTANCE OF 88.54 FEET; THENCE RUN NORTH 75°02'38" WEST FOR A DISTANCE OF 101.42 FEET; THENCE RUN NORTH 58°07'21" WEST FOR A DISTANCE OF 145.39 FEET; THENCE RUN NORTH 63°16'52.' WEST FOR A DISTANCE OF 100.54 FEET; THENCE RUN NORTH 70°16'01" WEST FOR A DISTANCE OF 52.57 FEET; THENCE RUN NORTH 76°18'47" WEST FOR A DISTANCE OF 139.12 FEET; THENCE RUN NORTH 88°18'46" WEST FOR A DISTANCE OF 118.58 FEET; THENCE RUN SOUTH 78°25'37" WEST FOR A DISTANCE OF 120.58 FEET; THENCE RUN SOUTH 70°42'34" WEST FOR A DISTANCE OF 58.35 FEET; THENCE RUN SOUTH 54°33'15" WEST FOR A DISTANCE OF 236.73 FEET; THENCE RUN SOUTH 01°33'17'' WEST FOR A DISTANCE OF 304.71 FEET; THENCE RUN SOUTH 30°08'16" EAST FOR A DISTANCE OF 194.40 FEET; THENCE RUN SOUTH 01°31'06" WEST FOR A DISTANCE OF 139.28 FEET; THENCE RUN SOUTH 24°09'25'' EAST FOR A DISTANCE OF 317.35 FEET; THENCE RUN SOUTH 07"39'57" EAST FOR A DISTANCE OF 618.63 FEET; THENCE RUN SOUTH 05°14'32" EAST FOR A DISTANCE OF 48.49 FEET; THENCE RUN SOUTH 86°37'33" EAST FOR A DISTANCE OF 144.20 FEET; THENCE RUN NORTH 74°58'46" EAST FOR A DISTANCE OF 84.50 FEET; THENCE RUN NORTH 89°49'58" EAST FOR A DISTANCE OF 166.94 FEET; THENCE RUN NORTH 54°40'25" EAST FOR A DISTANCE OF 155.08 FEET; THENCE RUN SOUTH 87°04'16" EAST FOR A DISTANCE OF 183.90 FEET; THENCE RUN SOUTH 75°30'01" EAST FOR A DISTANCE OF 292.56 FEET; THENCE RUN SOUTH 74°07'29" EAST FOR A DISTANCE OF 164.37 FEET; THENCE RUN NORTH 53°12'13'. EAST FOR A DISTANCE OF 77.41 FEET; THENCE RUN NORTH 71°22'37" EAST FOR A DISTANCE OF 85.20 FEET; THENCE RUN SOUTH 85°53'26" EAST FOR A DISTANCE OF 92.10 FEET; THENCE RUN SOUTH 83°23'30" EAST FOR A DISTANCE OF 128.98 FEET; THENCE RUN NORTH 68°54'10" EAST FOR A DISTANCE OF 100.70 FEET; THENCE RUN NORTH 55°32'22" EAST FOR A DISTANCE OF 148.01 FEET; THENCE RUN NORTH 32°25'17" EAST FOR A DISTANCE OF 235.05 FEET; THENCE RUN NORTH 33°14'22'' EAST FOR A DISTANCE OF 199.06 FEET; THENCE RUN NORTH 48°38'03" EAST FOR A DISTANCE OF 111.62 FEET; THENCE RUN NORTH 40°09'31" EAST FOR A DISTANCE OF 96.63 FEET; THENCE RUN NORTH 18°03'03'' EAST FOR A DISTANCE OF 285.56 FEET; THENCE RUN NORTH 58°55'34" EAST FOR A DISTANCE OF 367.04 FEET; THENCE RUN SOUTH 72°39'46" EAST FOR A DISTANCE OF 90.19 FEET; THENCE RUN SOUTH 68°05'01" EAST FOR A DISTANCE OF 88.10 FEET; THENCE RUN SOUTH 32°29'50'' EAST FOR A DISTANCE OF 134.26 FEET; THENCE RUN NORTH 58°20'15" EAST FOR A DISTANCE OF 1006.12 FEET; THENCE RUN NORTH 08°49°07" EAST FOR A DISTANCE OF 121.76 FEET; THENCE RUN NORTH 86°01'20" EAST FOR A DISTANCE OF 76.03 FEET; THENCE RUN SOUTH 81°56'11" EAST FOR A DISTANCE OF 62.99 FEET; THENCE RUN SOUTH 62°22'55'' EAST FOR A DISTANCE OF 61.06 FEET; THENCE RUN SOUTH 28°55'42'' EAST FOR A DISTANCE OF 96.72 FEET; THENCE RUN SOUTH 07°05'01'' EAST FOR A DISTANCE OF 98.49 FEET; THENCE RUN SOUTH 20°24'01" WEST FOR A DISTANCE OF 97.27 FEET; THENCE RUN SOUTH 64°30'14" EAST FOR A DISTANCE OF 119.77 FEET; THENCE RUN NORTH 42°57'49'' EAST FOR A 1 2C7 , H.M.A. #93.132 H.M.A. DWG. #A-782-4 10/2/97 Shoel 4 of 9 DISTANCE OF 68.57 FEET; THENCE RUN NORTH 19°23'04" EAST FOR A DISTANCE OF 158.14 FEET; THENCE RUN NORTH 75°28'14" EAST FOR A DISTANCE OF 446.92 FEET; THENCE RUN NORTH 06°56'07" EAST FOR A DISTANCE OF 178.75 FEET; THENCE RUN NORTH 66°12'10'' WEST FOR A DISTANCE OF 63.59 FEET: THENCE RUN NORTH 71'24'18" WEST FOR A DISTANCE OF123,29 FEET: THENCE RUN NORTH 50"53'00" WEST FORA DISTANCE OF 112,15 FEET; THENCE RUN NORTH 16°04'21" WEST FOR A DISTANCE OF 86.40 FEET: THENCE RUN NORTH 28°52'24" EAST FOR A DISTANCE OF 62.66 FEET: THENCE RUN NORTH 69°42'26. EAST FOR A DISTANCE OF 91.21 FEET; THENCE RUN NORTH 88°57'04" EAST FOR A DISTANCE OF 137.96 FEET; THENCE RUN SOUTH 51°15'23" EAST FOR A DISTANCE OF 66.98 FEET; THENCE RUN SOUTH 57°59'46" EAST FOR A DISTANCE OF 90.38 FEET; THENCE RUN NORTH 83°57'39'' EAST FOR A DISTANCE OF 185.60 FEET; THENCE RUN SOUTH 69°53'36'' EAST FOR A DISTANCE OF 103.27 FEET; THENCE RUN SOUTH 33°27'20" EAST FOR A DISTANCE OF 47.82 FEET; THENCE RUN SOUTH 01°07'11'' EAST FOR A DISTANCE OF 176.02 FEET; THENCE RUN SOUTH 57°10'59" EAST FOR A DISTANCE OF 90.42 FEET; THENCE RUN SOUTH 59°52'00" EAST FOR A DISTANCE OF 215.96 FEET; THENCE RUN SOUTH 40°50'50" EAST FOR A DISTANCE OF 100.90 FEET: THENCE RUN SOUTH 01°41'10" WEST FOR A DISTANCE OF 221.55 FEET; THENCE RUN SOUTH 44°25'43'' EAST FOR A DISTANCE OF 177.22 FEET; THENCE RUN SOUTH 57°17'08" EAST FOR A DISTANCE OF 194.66 FEET; THENCE RUN SOUTH 49°41'29" EAST FOR A DISTANCE OF 234.47 FEET; THENCE RUN SOUTH 51°45'12" EAST FOR A DISTANCE OF 285,65 FEET; THENCE RUN SOUTH 46°48'39" EAST FOR A DISTANCE OF 77.27 FEET; THENCE RUN SOUTH 55"26'25" EAST FOR A DISTANCE OF 87.85 FEET; THENCE RUN NORTH 83"37'01" EAST FOR A DISTANCE OF 54.43 FEET; THENCE RUN NORTH 59°38'02" EAST FOR A DISTANCE OF 133.38 FEET; THENCE RUN NO.RTH 86°08'02'' EAST FOR A DISTANCE OF 77.48 FEET; THENCE RUN SOUTH 67°01'55" EAST FOR A DISTANCE OF 118.58 FEET; THENCE RUN SOUTH 45°08'14" EAST FOR A DISTANCE OF 2560.69 FEET; THENCE RUN NORTH 29°52'54" EAST FOR A DISTANCE OF 85.21 FEET; THENCE RUN NORTH 27°30'00" EAST FOR A DISTANCE OF 86,22 FEET; THENCE RUN NORTH 25°35'58'. EAST FOR A DISTANCE OF 48.08 FEET; THENCE RUN NORTH 21"40'44" EAST FOR A DISTANCE OF 96.89 FEET; THENCE RUN NORTH 69°44'52" WEST FOR A DISTANCE OF 38.61 FEET; THENCE RUN SOUTH 75°26'58" WEST FOR A DISTANCE OF 151.66 FEET; THENCE RUN NORTH 09°04'17'' WEST FOR A DISTANCE OF 117.55 FEET; THENCE RUN NORTH 12°06'14" EAST FOR A DISTANCE OF 74,75 FEET; THENCE RUN NORTH 46"03'43" EAST FOR A DISTANCE OF 74.51 FEET; THENCE RUN NORTH 12°46'58'' WEST FOR A DISTANCE OF 32.83 FEET; THENCE RUN NORTH 19"55'33" WEST FOR A DISTANCE OF 74.92 FEET; THENCE RUN SOUTH 32°11'57" WEST FOR A DISTANCE OF 85.42 FEET: THENCE RUN SOUTH 69°25'44" WEST FOR A DISTANCE OF 67.21 FEET: THENCE RUN NORTH 65°02'17" WEST FOR A DISTANCE OF 75.05 FEET; THENCE RUN NORTH 86°16'33'' WEST FOR A DISTANCE OF 109.50 FEET; THENCE RUN SOUTH 69°48'24'' WEST FOR A DISTANCE OF 95.29 FEET; THENCE RUN NORTH 31°09'56" WEST FOR A DISTANCE OF 62.54 FEET; THENCE RUN NORTH 01°12'06" WEST FOR A DISTANCE OF 153.58 FEET; THENCE RUN NORTH 36"23'56" EAST FOR A DISTANCE OF 106.80 FEET; THENCE RUN NORTH 10°55'24'. WEST FOR A DISTANCE OF 140.47 FEET; THENCE RUN NORTH 22°37'48'' EAST FOR A DISTANCE OF 51.15 FEET; THENCE RUN NORTH 37°19'10'' EAST FOR A DISTANCE OF 162.48 FEET; THENCE RUN NORTH 19°33'02'' EAST FOR A DISTANCE OF 118.95 FEET; THENCE RUN NORTH 08°08'12'' EAST FOR A DISTANCE OF 108.72 FEET; THENCE RUN NORTH 04°59'51" WEST FOR A DISTANCE OF 137.15 FEET; THENCE RUN NORTH 20°30'53" EAST FOR A DISTANCE OF 147.93 FEET; THENCE RUN NORTH 03Q46'25" EAST FOR A DISTANCE OF 148,33 FEET; THENCE RUN NORTH 17°32'07" WEST FOR A DISTANCE OF 160.04 FEET; THENCE RUN NORTH 15°13'39" WEST FOR A DISTANCE OF 140.97 FEET; THENCE RUN NORTH 12C? H.M.A. #93.132 H.M.A. DWG. #A-782-4 10/2197 Sheet 5 of 9 00°05'49'' WEST FOR A DISTANCE OF 73.02 FEET; THENCE RUN NORTH 25°39'35" EAST FOR A DISTANCE OF 96.53 FEET; THENCE RUN NORTH 59~22'21" EAST FOR A DISTANCE OF 73.73 FEET; THENCE RUN SOUTH 40°21'48" EAST FOR A DISTANCE OF 52.95 FEET; THENCE RUt4 SOUTH 01°53'33" WEST FOR A DISTANCE OF 116.69 FEET; THENCE RUN SOUTH 82°33'24" EAST FOR A DISTANCE OF 120.72 FEET; THENCE RUN SOUTH 63°38'53.. EAST FOR A DISTANCE OF 64.07 FEET; THENCE RUN SOUTH 44°52'32" EAST FOR A DISTANCE OF 54.42 FEET; THENCE RUN SOUTH 10°29'59,' EAST FOR A DISTANCE OF 79.18 FEET; THENCE RUN SOUTH 37°18'09" WEST FOR A DISTANCE OF 50.11 FEET; THENCE RUN SOUTH 29°46'39" WEST FOR A DISTANCE OF 75.80 FEET; THENCE RUN SOUTH 25°22'43" WEST FOR A DISTANCE OF 103.06 FEET; THENCE RUN SOUTH 10°56'20" WEST FOR A DISTANCE OF 105.37 FEET; THENCE RUN SOUTH 10°07'11" EAST FOR A DISTANCE OF 107.10 FEET; THENCE RUN SOUTH 42°29'24" EAST FOR A DISTANCE OF 116.91 FEET; THENCE RUN SOUTH 08°16'17" WEST FOR A DISTANCE OF 34.66 FEET; THENCE RUN SOUTH 60°16'31" WEST FOR A DISTANCE OF 106.48 FEET; THENCE RUN SOUTH 23°42'39" WEST FOR A DISTANCE OF 130.40 FEET; THENCE RUN SOUTH 08°54'48" EAST FOR A DISTANCE OF 85.19 FEET; THENCE RUN SOUTH 20°38'43" EAST FOR A DISTANCE OF 62.59 FEET; THENCE RUN SOUTH 85°18'35" EAST FOR A DISTANCE OF 164.23 FEET; THENCE RUN SOUTH 88°28'10" EAST FOR A DISTANCE OF 201.60 FEET; TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°15'28" EAST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE OF 4476.41 FEET TO THE NORTHEAST CORNER OF SAID SECTION 24; THENCE RUN NORTH 88°58'55" WEST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2713.71 FEET TO THE NORTH ¼ CORNER OF SAID SECTION 24; THENCE RUN NORTH 88°59'02" WEST, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 24, FOR A DISTANCE OF 2713.25 FEET TO THE NORTHWEST CORNER OF SAID SECTION 24; THENCE RUN NORTH 00°25'53" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, FOR A DISTANCE OF 2749.82 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 14; THENCE CONTINUE NORTH 00°25'53" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1374.91 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'09'' WEST, ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST % OF SAID SECTION 14, FOR A DISTANCE OF 692.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 00°20'11" WEST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE 1377.88 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE RuN SOUTH 88°04'59,' EAST, ALONG THE NORTH LINE OF THE EAST 1/2 OF THE NORTHEAST '/, OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 690.34 FEET TO THE NORTHEAST CORNER OF SAID SECTION 14; THENCE RUN NORTH 01°00'45" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, FOR A DISTANCE OF 2749.58 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE CONTINUE NORTH 01°00'45" EAST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 559.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL), A 200.00 FOOT RIGHT-OF-WAY; THENCE RUN NORTH 54°21'15" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, FOR A DISTANCE OF 1244.99 FEET; THENCE RUN SOUTH 01°14'40'' WEST FOR A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 88°45'20" WEST ]2C'7 H.M.A. #93.132 H.M.A. DWG. #A-782-4 1012/97 Sheet 6 of 9 FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 01"14'40" WEST FOR A DISTANCE OF 293.15 FEET; THENCE RUN NORTH 54°21'15" WEST FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST % OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01°14'40" WEST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 11, FOR A DISTANCE 1082.83 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 01°14'30" WEST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF 2745.91 FEET TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE RUN SOUTH 00°14'31" EAST, ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1380.85 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 88°20'10" WEST, ALONG THE SOUTH LINE OF THE NORTH 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 4154.87 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 14; THENCE RUN NORTH 89°13'52" WEST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, FOR A DISTANCE OF 2738.98 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE RUN SOUTH 00°18'43.' WEST, ALONG THE WEST LINE OF THE SOUTH 112 OF THE NORTHEAST 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 1392.96 FEET TO THE CENTER OF SAID SECTION 15; THENCE RUN SOUTH 89°06'35" EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 2739.04 FEET TO THE EAST 114 CORNER OF SAID SECTION 15; THENCE RUN SOUTH 00"19'46" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 2787.36 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 15 AND THE POINT OF BEGINNING; CONTAINING 1687.5109 ACRES, MORE OR LESS. AND PARCEL 2 A PARCEL OF LAND LOCATED IN SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00"15'28" WEST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 4679.59 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 72°12'44" WEST FOR A DISTANCE OF 86.92 FEET; THENCE RUN NORTH 69'28'32" WEST FOR A DISTANCE OF 94.14 FEET; THENCE RUN SOUTH 85°05'50" WEST FOR A DISTANCE OF 80.86 FEET; THENCE RUN SOUTH 78°39'42" WEST FOR A DISTANCE OF 79.41 FEET; THENCE RUN SOUTH 46°52'35" WEST FOR A DISTANCE OF 76.76 FEET; THENCE RUN SOUTH 54"05'10" EAST FOR A DISTANCE OF 62.53 FEET; THENCE RUN SOUTH 81°19'02.. EAST FOR A DISTANCE OF 71.38 FEET; THENCE RUN NORTH 88°47'42" EAST FOR A DISTANCE OF 97.52 FEET; THENCE RUN NORTH 83°27'32" EAST FOR A DISTANCE OF 84.68 FEET; THENCE RUN NORTH 84"27'57" EAST FOR A DISTANCE OF 82.73 FEET; THENCE RUN NORTH 00°15'28" EAST, ALONG THE EAST LINE OF SECTION 24, FOR A DISTANCE OF 43.22 FEET TO THE POINT OF BEGINNING; CONTAINING 0.779 ACRE, MORE OR LESS. AND 1297 H.M.A. #93.132 H.M.A. DWG. #A-782-4 10/2/97 Sheet 7 of 9 PARCEL 3 A PARCEL OF LAND LOCATED IN SECTION 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 24° TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'15'28" WEST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 4790.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 86'15'35" WEST FOR A DISTANCE OF 52.39 FEET; THENCE RUN SOUTH 56'39'23' WEST FOR A DISTANCE OF 67.01 FEET; THENCE RUN SOUTH 12'30'16" WEST FOR A DISTANCE OF 74.05 FEET; THENCE RUN SOUTH 07'47'40" EAST FOR A DISTANCE OF 77.35 FEET; THENCE RUN SOUTH 16'03'58" EAST FOR A DISTANCE OF 121.00 FEET; THENCE RUN SOUTH 34'56'39" EAST FOR A DISTANCE OF 136.99 FEET; THENCE RUN NORTH 00'15'28" EAST, ALONG THE EAST LINE OF SAID SECTION 24, FOR A DISTANCE 410.92 FEET TO THE POINT OF BEGINNING; CONTAINING 0.824 ACRE, MORE OR LESS. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES, INC., (CIO SOUTHERN STATES UTILITIES, INC.) AS RECORDED IN OFFICIAL RECORDS BOOK 1483, PAGES 497 TO 499, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 7 THAT CERTAIN PARCEL OF LAND, LYING IN SECTIONS 24 AND 25, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST BOUNDARY CORNER OF SAID SECTION 24, THENCE ALONG THE EAST BOUNDARY OF SAID SECTION 24 SOUTH 00'15'28" WEST A DISTANCE OF 4,476.41 FEET TO A POINT ON SAID BOUNDARY; THENCE LEAVING SAID EAST BOUNDARY NORTH 88"28'10" WEST A DISTANCE OF 201.60 FEET; THENCE NORTH 85°18'35" WEST A DISTANCE OF 164.23 FEET; THENCE NORTH 20'38'43" WEST A DISTANCE OF 62.59 FEET; THENCE NORTH 08 '54'48" WEST A DISTANCE OF 85.19 FEET; THENCE NORTH 23'42'39" EAST A DISTANCE OF 130.40 FEET; THENCE NORTH 60'16'31" EAST A DISTANCE OF 106.48 FEET; THENCE NORTH 08"16'17" EAST A DISTANCE OF 34.66 FEET; THENCE NORTH 42'29'24" WEST A DISTANCE OF 116.91 FEET; THENCE NORTH 10'07'11" WEST A DISTANCE OF 107.10 FEET; THENCE NORTH 10'56'20" EAST A DISTANCE OF 105.37 FEET, THENCE NORTH 25'22'43" EAST A DISTANCE OF 103.06 FEET; THENCE NORTH 29°46'39" EAST A DISTANCE OF 75.80 FEET; THENCE NORTH 37'18'09" EAST A DISTANCE OF 50.11 FEET; THENCE NORTH 10'29'59" WEST A DISTANCE OF 79.18 FEET; THENCE NORTH 44"52'32" WEST A DISTANCE OF 54.42 FEET; THENCE NORTH 63"38'53" WEST A DISTANCE OF 64.07 FEET, THENCE NORTH 82'33'24" WEST A DISTANCE OF 120.72 FEET; THENCE NORTH 01'53'33" EAST A DISTANCE OF 116.69 FEET; THENCE NORTH 40'21'48" WEST A DISTANCE OF 52.95 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE SOUTH 59'22'21" WEST A DISTANCE OF 73.73 FEET; THENCE SOUTH 25'39'35" WEST A DISTANCE OF 95.53 FEET (96.63 CALCULATED); THENCE SOUTH 00'05'49" EAST A DISTANCE OF 73.02 FEET; THENCE SOUTH 15°13'39" EAST A DISTANCE OF 140.97 FEET; THENCE SOUTH 17'32'07" EAST A DISTANCE OF 160.04 FEET; THENCE SOUTH 03'46'25" WEST A DISTANCE OF 148.33 FEET; THENCE SOUTH 12C7 H.M.A. #93.132 H.M.A. DWG. #A-782-4 1012/97 Sheet 8 of 9 20°30'53" WEST A DISTANCE OF 147.93 FEET; THENCE SOUTH 04°59'51" EAST A DISTANCE OF 137.15 FEET; THENCE SOUTH 08°08'12'' WEST A DISTANCE OF 108.72 FEET; THENCE SOUTH 19'33'02" WEST A DISTANCE OF 118.95 FEET; THENCE SOUTH 37°19'10" WEST A DISTANCE OF 162.48 FEET, THENCE SOUTH 22°37'48" WEST A DISTANCE OF 51.15 FEET; THENCE SOUTH 10'55'24" EAST A DISTANCE OF 140.47 FEET; THENCE SOUTH 35°23'56" WEST A DISTANCE OF 106.80 FEET; THENCE SOUTH 01°12'06" EAST A DISTANCE OF 153.58 FEET; THENCE SOUTH 31°09'56" EAST A DISTANCE OF 62.54 FEET; THENCE NORTH 69'48'24" EAST A DISTANCE OF 95.29 FEET; THENCE SOUTH 86'16'33" EAST A DISTANCE OF 109.50 FEET; THENCE SOUTH 65°02'17" EAST A DISTANCE OF 75.05 FEET; THENCE NORTH 69'25'44" EAST A DISTANCE OF 67.21 FEET; THENCE NORTH 32°11'57" EAST A DISTANCE OF 85.42 FEET; THENCE SOUTH 19°55'33" EAST A DISTANCE OF 74.92 FEET; THENCE SOUTH 12°46'58 EAST A DISTANCE OF 32.83 FEET; THENCE SOUTH 46'03'43" WEST A DISTANCE OF 74.51 FEET; THENCE SOUTH 12 '06'14" WEST A DISTANCE OF 74.75 FEET; THENCE SOUTH 09°04'17" EAST A DISTANCE OF 117.55 FEET; THENCE NORTH 75°26'58" EAST A DISTANCE OF 151.66 FEET; THENCE SOUTH 69'44'52" EAST A DISTANCE OF 38.61 FEET; THENCE SOUTH 21'40'44" WEST A DISTANCE OF 96.89 FEET; THENCE SOUTH 25'35'58" WEST A DISTANCE OF 48.08 FEET; THENCE SOUTH 27'30'00" WEST A DISTANCE OF 86.22 FEET; THENCE SOUTH 29°52'54- WEST A DISTANCE OF 85.21 FEET; THENCE NORTH 45"08'14" WEST A DISTANCE OF 2,560.69 FEET; THENCE NORTH 00°15'28" EAST A DISTANCE OF 265.00 FEET: THENCE SOUTH 89'44'32" EAST A DISTANCE OF 375.00 FEET; THENCE NORTH 84°04'19'' EAST A DISTANCE OF 149.18 FEET; THENCE NORTH 79°01'56" EAST A DISTANCE OF 484.64 FEET; THENCE NORTH 61°23'47" EAST A DISTANCE OF 447.94; THENCE SOUTH 89°44'32" EAST A DISTANCE OF 264.73 FEET; THENCE SOUTH 00'15'28" WEST A DISTANCE OF 141.70 FEET TO THE POINT OF BEGINNING. CONTAINING 43.00 ACRES, MORE OR LESS. LESS ANO EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1495, PAGES 384,385 AND 387, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT CERTAIN PARCEL OF LAND LYING IN AND BEING A PART OF SECTIONS 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE RUN NORTH 88°58'53'' WEST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 218.01 FEET; THENCE LEAVING SAID SECTION LINE, RUN SOUTH 39°46'43" WEST A DISTANCE OF 711.68 FEET; THENCE RUN SOUTH 50°13'17" EAST A DISTANCE OF 1,515.63 FEET; THENCE RUN SOUTH 39°46'43" WEST A DISTANCE OF 1,050.00 FEET; THENCE RUN SOUTH 50°13'17" EAST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE SOUTH 50°13'17" EAST A DISTANCE OF 739.75 FEET; THENCE RUN NORTH 39°46'43" EAST A DISTANCE OF 706.62 FEET; THENCE RUN NORTH 50'13'17" WEST A DISTANCE OF 739.75 FEET; THENCE RUN SOUTH 39°46'43" WEST A DISTANCE OF 706.62 FEET TO THE .POINT OF BEGINNING. CONTAINING 12.00 ACRES, MORE OR LESS. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1755, PAGE 361, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 12_C7 H.M.A. #93.132 H.M.A. DWG. #A-782-4 10/2/97 Sheet 9 of 9 ALL THAT PART OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY MOST CORNER OF CHAMPIONSHIP DRIVE, MARCO SHORES UNIT 30 GOLF COURSE, PLAT BOOK 17, PAGES 98 THROUGH 103, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF SAID CHAMPIONSHIP DRIVE SOUTH 89°13'53" EAST 35.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID LINE SOUTH 89°13'52" EAST 109.79 FEET; THENCE LEAVING SAID LINE SOUTH 00°18'43" WEST 153.94 FEET; THENCE NORTH 86'07'06" WEST 110.00 FEET; THENCE NORTH 00°18'43" EAST 147.96 FEET TO THE POINT OF BEGINNING. CONTAINING 0.38 ACRES, MORE OR LESS. LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 1,2, 3 AND 4 "MARCO SHORES UNIT 30 GOLF COURSE", AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 243.96 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. NET PROPERTY ACREAGE = 1389.7739 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 88°58'51" WEST. PROPERTY DESCRIPTION FOR PARCEL 1 IS COMPOSED ENTIRELY FROM THAT CERTAIN MAP TITLED MARCO SHORES UNIT 30 BOUNDARY MAP CREATED BY THE DELTONA CORPORATION - DEPT. OF REAL ESTATE SERVICES IN JULY 1989 AND REVISED NOVEMBER 20, 1989 AND AGAIN SEPTEMBER 24, 1991 AS PROVIDED BY GULF BAY DEVELOPMENT INC. AND HAS BEEN PREPARED WITHOUT BENEFIT OF SURVEY. PROPERTY DESCRIPTIONS FOR PARCELS 2 AND 3 ARE BASED ON EXHIBIT "A" OF THE SPECIAL WARRANTY DEED AS RECORDED IN OFFICIAL RECORD BOOK 1911 PAGE 144 ET. SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND HAS BEEN PREPARED WITHOUT BENEFIT OF SURVEY. THESE DESCRIPTIONS OF ALL PARCELS SHOWN HEREON ARE INTENDED ONLY AS REPRESENTATIONS OF SPECIFIC DATA IN THE ABOVE REFERENCED DOCUMENTS AND NOT INTENDED AS CERTIFICATION OF ACTUAL FIELD LOCATIONS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE CF AUTHORI~-ATION LB #1772 P.S.M.#5628 STATE OF FLORIDA 12¢7 FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, FL 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, George L. Varnadoe, the undersigned authorized representative of D Y ASSOCIATES JOINT VENTURE, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning Fiddler's Creek, which information is true and correct to ~he best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. Slgna~re% Fiddler's Creek NOPC - 1 EXHIBIT "B" 12C? o o Applicant (name, address, pi.one) . Parcel D Development, Inc., a Florida corporation and Parcel Y Development, Inc., a Florida corporation jointly d/b/a D Y ASSOCIATES JOINT VENTURE, a Florida general partnership 4001 Tamiami Trail North, Suite 350 Naples, Florida 34103 (941) 434-2030 Authorized Agents (name, address, phone). George L. Varnadoe Young, van Assenderp and Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Location {City, County, Township/Range/Section) of approved DRi and proposed change. Approved DRI location: Sections 11, 13, 14, 15, 21, 22, 23, 24, 26 & 33, Township 51 South, Range 27 East; Sections 13, 14, 15, 21, 22, 23, 24, 27 & 28, Township 52 South, Range 26 East. N.O.P.C. location: Ail of Section 18, lying South and West of U.S. 41 and all of SectiOn 19 and the North 1/2 of Section 29, Township 51 South, Range 27 East, Collier County, Florida. ~ ~="_ description of the proposed change Provide a ~,,,w~-~~ ' 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. Fiddler's Creek NOPC - 2 12C7 FIDDLER'S CREEK BACKGROUND INFORMATION Collier County's Development Order 84-3 was contemplated by, and was issued as a result of a comprehensive "Settlement Agreement" between the Deltona Corporation, various agencies of the State of Florida, Collier County, and various environmental groups which resolved controversy and pending litigation concerning the magnitude and extent of Deltona's development in and around the Marco Island area. The Settlement Agreement was entered into by both the Department of Com~nunity Affairs and the Department of Envirornmental Protection, along with other parties, on July 20, 1982, and resulted in the preservation of extensive wetland areas in perpetuity. The Settlement Agreement specified a modified DRI process for some of the "development areas." In accordance with the conditions of the Settlement Agreement, Deltona Corporation applied for, and on June 12, 1984, was issued Development Order 84-3 for Marco Shores DRI. Development Order 84-3 encompassed three (3) separate non-contiguous developments, namely: Unit 30; Isle of Capri Commercial Area; Horr's Island. Attached hereto as Exhibit "FC-I" is a location map showing the Fiddler's Creek project in southwestern Collier County, within Unit 30. PREVIOUSLY APPROVED CHANGES TO D.O. This amendment seeks to modify Development Order 84-3 only as it pertains to the portion of Unit 30 known as Fiddler's Creek by the addition of land (approximately 1,385 acres) to the Fiddler's Creek development. Since 1984, the Development Order, as it pertains to Fiddler's Creek (Unit 30), has been amended three times: in 1989 (Resolution 89-149), and twice in 1996 (Resolutions 96-333 and 96-530). The current proposed change, to add 1,385 acres to Fiddler's Creek, with no change to the number of approved dwelling units, is consistent with the trend established by the previous approved changes that have resulted in reduced density of dwelling units at Fiddler's Creek in conjunctien with a significantly increased amount of preservation area and lakes, open space and recreational uses. Figure I below is a chart detailing the approved changes since the original 1984 Development Order, including the proposed 1997 changes to Fiddler's Creek. Fiddler's Creek ~OPC 3 12(;7 FIGURE 1 CHANGES TO FIDDLER'S CREEK (Unit 30) APPROVED AND PROPOSED Orig 1989 INC. ls~ INC. 2nd INC. 1997 INC. TOTAL 1984 CHANGE or 1996 or 1996 or NOPC or CHANGES D.O. DEC. NOPC DEC. NOPC DEC. DEC. ACRES 1666 1666 0 1689 +23 2379 +690 3764 +1385 +2098 RESIDENT- 9110 7000 -2110 6000 -1000 6000 0 6000 0 -3110 IAL UNITS UNITS/ 5.5 4.2 -1.3 3.5 -0.7 2.5 -1.0 1.6 -0.9 -3.9 ACRE COMM. AC. 47 47 0 33.6 -13.4 33.6 0 33.6 0 -13.4 PRESERVE 42 42 0 243 +201 243 0 693 +450 +651 AC. LAKES/OS/ 626 626 0 706 +80 999 +293 1634.5 ~635.5~ +1009.5± GOLF In summary, while almost 2,100 acres of land have been added to the project, over 1,650 of these additional acres have been/or will be devoted to open space (as defined above) or preserve area. In addition, the density has been reduced by over a third and the commercial acreage decreased. 1997 N.O.P.C. The applicant owns the Unit 30 Fiddler's Creek property (except for approximately 43 acres owned by Southern States Utilities and utilized as part of its wastewater treatment facilities, the 243 acres developed as the Golf Club at Marco, and property previously deeded to the Collier County School Board). The applicant seeks to modify the Development Order to add portions of Sections 18, 19 and 29, Township 51 South, Range 27 East, consisting of approximately 1,385 acres to Fiddler's Creek. The legal description of the property owned by applicant is attached as Exhibit "FC-2". Although the proposed addition of 1,385 acres of land to Fiddler's Creek is a significant increase in the size of the project, when considered from the standpoint of its environmental and regional impacts, the change is minor and does not constitute a "substantial deviation." The addition Fiddler's Creek NOPC 4 i2C7 of portions of Sections 18, 19 and 29 and the extension of the development order termination date by four (4) years, eleven (11) months are the only changes that are proposed. The portion of this additional land that will be developed is already cleared and has been used for more than twenty years to grow row crops. The additional acreage will be used for residential, golf course, open space, lakes, parks and infrastructure. The 6,000 residential units previously approved for the Fiddler's Creek project will not change. No additional residential units or commercial usage are being added to the project. The following Figure 2 provides the parameters of the proposed change as compared to both the original D.O. (1984) and existing (1996) approved development. FIGURE 2 PROPOSED CPLANGE S LAND USE ORIGINAL DRI APPROVED DRI PROPOSED 1997 CHANGE (1984) (1996 Existing CHANGE FROM D.O.) APPROVED DRI RESIDENTIAL 9110 UNITS 6000 UNITS 6000 UNITS -0- COMMERCIAL 47 ACRES 33.6 ACRES 33.6 ACRES -0- PRESERVES 42 ACRES 243.37 ACRES 693 ACRES +450 ROADWAYS 153.60 ACRES 117.11 ACRES 190.8 ACRES +37.2 LAKES, OPEN 626 ACRES 999.44 ACRES 1634.5 ACRES +635 ACRES SPACE, GOLF COURSES, PARKS TOTAL 1666.21 2379.11 3764 +1385 ACRES ACREAGE (a) The changes to the plan of development can be visualized best by comparing Exhibit "FC-C" which is the approved Master Plan, with Exhibit "FC-3,, which depicts the proposed Master Plan. The revised Master Plan shows the addition of residential acreage, (no increase in the number of units) an additional golf course, open space, lakes, and parks. (b) There is no change proposed to the phasing of the development, as a phasing schedule was not adopted as part of the original Development Order. The Settlement Agreement does Fiddler's Creek NOPC - 5 12C7 not include phasing as an issue that was to be addressed in the ADA. (c) Applicant is proposing to add 1,385± acres to Fiddler's Creek. This property is immediately east of the approved Fiddler's Creek project, south of U.S. 41. The legal description of this 1,385 acre tract is attached as Exhibit "FC-4". The vast majority of the acreage has been marginally productive as agricultural land, is cleared and has been farmed actively with row crops for more than twenty (20) years. Attached as Exhibit "FC-5" is an aerial photograph taken in 1996 showing an outline of the tract to be added to Fiddler's Creek by this proposed a~nendment. This photograph clearly demonstrates the existing agricultural uses on Sections 18 and 19 and a portion of Section 29 that are proposed to be added to Fiddler's Creek. (d) There are no significant regional impacts. Attached as Exhibit "FC-6" is an Environmental Impact Statement (EIS) for the tract to be added to Fiddler's Creek. There are no regionally significant functioning wetlands on this tract that will be adversely affected by the addition of the acreage to Fiddler's Creek. A survey of the tract for protected species did not find any State or federally-listed wildlife or plant species on the site. In addition, the absence of any significant regional impact resulting from this addition is demonstrated by the following points: The cleared farmland that is being added is part of the. same farming operation that included the Section 13 (690 acres) land that was added to Fiddler's Creek as a result of the 1996 NOPC. The amount of non-potable water used by Fiddler's Creek on this land will be substantially less than the permitted water withdrawal that is currently authorized for the existing farming operations. Tke proposed change does not include any increase in cemmercial usage, nor does it increase the number of approved residential units. The addition of residential acreaqe will result in a reduction in the project's density from 2 52 to 1 6 dwelling units per acre The proposed change will result in the preservation of an additional 450 acres. The proposed change will result in an additional 400 acres of lakes, open space and golf course use. The proposed change will result in better water~ management and disbursement of surface water into State owned wetlands to the south of the Fiddler's Creek DRI. The expansion of the Fiddler's Creek spreader swale to Fiddler's Creek NOPC 6 1 C7 o include the land being added (see Exhibit FC-3) will provide improved water quality to the water being discharged into state owned wetlands to the south. In addition, Collier County has experienced drainage problems north of U.S. 41 and has been attempting for years to mitigate or solve those problems. The provision for accepting this drainage and ultimately accommodating it into the spreader swale disbursement system will assist the County in this regard. There is no increase in the number of approved residential units. No change is proposed to the approved access points to U.S. 41, so with no change in approved units, there will be no increase in the number of automobile trips generated by the project and no change in the allocation of those trips on regionally significant road segments. Therefore, there will be no adverse impact on the regional transportation system, nor on hurricane shelter space requirements and evacuation times in comparison to the previously approved DRI Development Order. Attached as Exhibit "FC-7" is a summary traffic study prepared by David Plummet & Associates. The area that is proposed to be added to Fiddler's Creek. is within the water and sewer service areas of central utility providers and within the Collier County Water/Sewer District. There are no listed plant or-wildlife species found on site and there will be no adverse environmental impacts resulting from the proposed master plan. (e) An extension of the termination date by four (4) years, eleven (11) months is proposed, which is by statute, not a substantial deviation. (f) There are several minor changes to the Development Order which are necessary to effectuate the proposed changes to the Fiddler's Creek plan of development. A copy a the proposed amendment to the Development Order, with changes highlighted, is attached as Exhibit "FC-8". There are no Development Order or ADA conditions or requirements being changed. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If nc change is proposed or has occurred, indicate no change. Fiddler's Creek NOPC - 7 12C7 : THIS CHART RELATES ONLY TO THE UNIT 30/FIDDLER°S CREEK PORTION OF THE DRI TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAN PLAN CHANGE & DATE Attraction/ , Parking Spaces N/A N/A Recreation ~ Spectators ~Seats Site lccational changes Acreage, includin9 drainage, easeT, e~ts, etc. ~ ax_er_a, ';~ trips AEA r_~:e-_nt't:cr.£ Airports Punwa','. ' .' ~-_.,~u'~.. ~ N/A N/A A~r%n area ~rcss s~.ft. A~r~crt arrears, ~nrlu~in? ~ralna~e, ets --_~tS = E:<te:'na' vehicle trips ' .T ccnditicns Hospitals : teds N/A N/A = Parking spaces Buzlding (gross sq.lt.) Site locationai changes Acreage, including drainage, ROW, easements, etc. # ExTernal vehicle trips D. O. ccndi%icns Fiddler'S Creek NOPC 8 JTYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LA1TD USE CATEGORY PLAN PLAN CHANGE & DATE ADA representations Industrial Acreage, including N/A N/A drainage, ROW, easements, etc. # Parking Spaces _ Building (gross sq.ft.; ~ Employees Chemical Storage ~barrels and lbs... Site !ccaticna! chan~es ~ External '.'ehlcle trips D. O. ADA re~resen~atlcns Mining Acreage ~ined ~year; N/A N/A Operations Water withdrawal 'ga'.,'dayl SLze cf nine ,acres., ~nclud~ng dralna~e, easements, etc. Site icca~icnal changes = Ex%erna! vehicle trips L. C. conditions ADA re,re Office Acreage, including N/A N/A drainage, ROW, kui~dlng !~ross- ~ Parking spaces # Employees Site locational changes ~ External vehicle trips D. O. conditions ADA representations Petroleum/ Storage capacity N/A N/A Chemical Storage (barrels and/or lbs.) Fiddler's Creek NOPC - 9 I TYPE OF I CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE! CATEGORY PLAN PLAN CHANGE & DATE Distance to navigable waters {feet) Site locational changes Facility acreage, ~ncluding drainage, ROW, easements, etc. ~ External vehicle trips D.O. conditions ADA representations Ports (Marinas) ~ boats, wet storage N/A N/A =hcats, dry stcrage S~te iccatlcnal changes ~crt acreage, dra:na?e, RCW, easeTents. = External vehicle trips 2.~. ccndi%icns I AiA :epresentatlcns Residential I ~ 2"_~i~n=~ ~ units .,.".' CH~;GE 9'I'.. December 11, 1984 · 'r ..... ~ dweiiin~ uni'= (Res No 84-237) May 24, 1988 (Res. No. 88-117) June 13, 1989 (Res. No. 89-149) (Reduced density to 7000 D.U.) July 23, 1996 (Reduced density to 6000 units; 2100 SF and : Lots NS CHA2:GE NOT SPECiFiED Acreage, inc. drainage, N/A NOT SPECiFiED N/A ROW, easements, etc. Site locationa] changes See Exhikit See original See Exhibit "FC-3" M.P. "FC-C" adopted 11/26/96 # External vehicle trips NO CH~E 58,463 vehicle 41,524'** trips/day* Fiddler's Creek NOPC - I0 12C? TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. USE CATEGORY PLAN PLAN CHANGE & DATE LAND D.C. conditions See answer to ~.s 5 and attached proposed D.O. Amendment Wholesale, Acreaoe, including NO CH~;GE 47.C~ 33.6 Retail, Service ~rainage. ROW, 7/23/9~ easements, ~ ~.~t~ Floor s~ace ~gross NQ CHH;GE 3~3,98%*' sq.ft.: 1!/26/96 ~ Parkln? spaces N/A N/A N/A = E~Ioyees N/A N/A N/A Site Iccat~cnal chan~es ,,. _~,=.~_ interior 7 Parcels reduced iccatlcn.~r to 3 and 2 cf s?~e those 3 Fa:ce!s cc~-erc~ai moved to ~arcels !ocaticn 11/26/96 = E:<terna~ '.'ehlsle trips ~C AEA~_:r-~ ~sentat:zns. NO CH~E ~otel/Motel = K_ntai~ ',nit= .... NO CH~GE Floor s~aue ~:-css = ~a:'k:n~ ~iares I A%'rea~e, :niiuilnF 5:'a~na~e, R2W, ; E:.:t,_:nal veL:cle tr~ps ".0. conditions ADA representations R.V. Park I Acrea?e, includlng N/A N/A d:alnage, ROW, easements, etc. ~ ~ Parking spaces Fiddler's Creek NOPC 11 12C7 TYPE CF CHANGE PRC;'L?ED ORiGi::AL PREVICUS"D.O. I CA£EGOKY FL~: PLAIN CHANGE &~DATE L;C~D USE Site iccaticnal changes . External vehicle trips D.C. conditions AZA representations Open Space (all Acreage 1634.5 614.20 July 23, 1996 - natural and increased to vegetated) 705.88 November 26. 1996 increased to 999 Si%.~ icca%icnal rkanoes See EX~. FC-~- See EXM. FC-C .,~_ .. c~_n ~pace ~26 ~ ac/park 35 ac/parks November 26 1996 71~.7 ac/ 256 ac/lakes 23.89 ac/parks 'akes 323.2 ac/rec. 430.02 ac/lakes 159 ac," 545.53 buffers ac/rec/go!f~'** rec./golf .... non-impervious - ' surfaces) / July 23 19~6 - Preservation, Art_-{_ =9~ ac 42 acres u~=~r'.'- 243 37 acres/ Buffer or .- Special preserve Protection Areas £<%e icca~icnal changes See EXH. FC-3 -ev~lcpnen~ of site . AiA *Per ADA. [Southwest Florida Regional Planning Council staff assessment of 53,282 trips] [difference in part may be due to assignment of part of "business" acreage to office, as opposed to retail by Southwest Florida Regional Planning Council staff]. **Not in Development Order, found in S~uthwest Florida Regional Planning Council staff analysis of ADA. ***External vehicle trips are for entire project, to be consistent with prior submittals. A copy of the updated traffic analysis is attached as Exhibit "FC-7e. ****Does not include 11 acre Club center, which is active recreation area. ~iddler's Creek NOPC - 12 12C7 List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or am.~naments 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). }{as 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? ' There has been no change in local government jurisdiction for any portion of the development. Development Order 84-3 encompassed three separate non- contiguous developments, namely: Unit 30; Isle of Capri Commercial Area; and Horr's Island. This amendment only seeks to modify Development Order 84-3 as it pertains to Unit 30/Fiddler's Creek. The following is a list of the previous amendments to Development Order 84-3, as it relates to Unit 30/Fiddler's Creek: Resolution No. 84-237 adopted December 11, 1984 - This resolution authorized execution by the Board of County Commissioners of the Stipulation of Settlement entered into by the Florida Department of Community Affairs and the Deltona Corporation. The stipulation amended Section 4.D.9; Traffic, to include specific provisions for triggering a request for a substantial deviation determination by the developer. The stipulation also provides a definition of substantial impact on the roadway system generated by Marco Shores and makes provision for Florida D.O.T. to obtain rights-of-way from the developer to widen US-41 and S.R. 951. b. Resolution No. 89-149 adopted June 13, 1989 - 1. Resolution No. 89-149 provided for a reduction in the number of dwelling units approved for Unit 30 from a~ total of 9,110 dwelling units to 7,000 units; this was a reduction of 2,110 dwelling units, reducing the units/acre from 5.53 dwelling units/acre to 4.31 units/acre. 2. Development Order Subsections 4.C and 4.D.,!~ Hurricane Evacuation, and 4.D. Traffic were amended.i~ Subsections 4.C. and 4.D were amended by deletion of thei~ developers' "fair share" contribution requirement for the' widening of S.R. 951. In lieu of fair share payment, the Fiddler:s Creek NOPC 13 12C7 developer's contribution of an 18.4 acre lake site as a fill source was deemed to constitute the entire fair share contribution for the use of S.R. 951 as a hurricane evacuation route and for transportation use. 3. Changes to the phasing schedule in the PUD were made to provide that connections to S.R. 951 for a certai~ number of dwelling units could be made if improvements to S.R. 951 were timely completed. 4. Provision for the creation of a community development district under Chapter 190, F.S., was made optional. 5. The construction of a northern golf course for use primarily by hotel guests was approved. 6. Extensive enforcement language was added in order to address any future violations of the development order. The following amendment was made to Development Order 84- 3, but does not relate to Unit 30: Resolution No. 88-117 adopted May 24, 1988 - Resolution No. 88-117 provides that the Isle of Capri Commercial Area previously designated only for neighborhood commercial uses is amended to permit a 150 room hotel with restaurant and ancillary uses. The Resolution further allowed Isle of Capri Commercial PUD and Unit 24 to undertake site preparation before certain roadway improvements (4-1aning of S.R. 951) are in place. Resolution No. 96 - 333 adopted July 23, 1996 - i. Reduced the number of dwelling units from 7,000 to 6,000. 2. Reduced the con~ercial acreage to 33.6 acres and the commercial square footage to 325,000 square feet. 3. Added 201.37 acres of preserve and updated the' Master Plan. 4. Added 22.9 acre parcel adjacent to S.R. 951 and incorporated same into Master Plan, without increasing commercial or residential intensity or density. Resolution No. 96-530 adopted November 26, 1996 - 1. Added portions of Section 13 to Fiddler's Creek, approximately 690 acres, increasing the Fiddler's Creek Fiddler's Creek NOPC 14 o o 10. It. 12. project to 2,379.11 acres and reducing density to 2.52 units per acre. 2. Updated the Fiddler's Creek Master Plan to authorize residential use on Section 13 and including an additional 293 acres of lakes, open space and golf course use. 3. Authorize the developer to seek the establishment of a new community development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district for Fiddler's Creek. 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 1/2 mile on a project master site plan or other map. The current proposed Master Plan for Fiddler's Creek (See Exhibit "FC-3") shows the lands owned or optioned by the developer which are within one-quarter mile of the original DRI site. There is no additional land owned or under option by the developer within one-half mile of the Fiddler's Creek project. 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. Dc you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2., F.S. Yes No X Does the proposed change result in a change to the buildout daze cr any phasing date of the project? If so, indicate the u ..... sea new bulldcu~ cr [nasing dates NO · Will the proposed change require an amendment to the local government comprehensive plan? Yes . Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative code: An '~pdated master site plan or other map of the development portraying and distinguishing the proposed changes to the Fiddler's Creek NOPC 15 12C7 13. previously approved DRI or development order conditions. The updated Master Site Plan is attached as Exhibit "FC-3". 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 language should address and quantify: a o Ail 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 propcsed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number c~ units; and other major characteristics or components ©~ ~=' : .... p~-:~ change, All proposed changes are highlighted in the proposed amendments to the Development Order, Exhibit "FC-8". An updated legal description of the property, if any prcject acreage is/has been added or deleted to the previously approved, plan of development; See attached Exhibit "FC-9". .~.op~s_c amended developmentc.~_r~= deadline for commencing. Fh?.sical development of the proposed changes, if applicakle; No new deadline for commencing physical development is requested; none was specified in Development Order 84-3. d. A proposed amended develcpment crder terminaticn date fha- reasonably reflects the time required to complete ...... v_.opm_n~; Yes. An extension of the termination date by four (4) years, eleven (11) months is requested to be added to the Development Order. A proposed amended development order date until which the local gcvernment agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and The original Development Order did not specify such a date and since development has previously commenced, such a provision would not be applicable. Fiddler's Creek NOPC - 16 Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties t9 whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. No changes. Fiddler's Creek NOPC - i7 i© Fiddler's Creelt Master Plan COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to the Board: Please place the following as a: XX Normal legal Advertisement [] Other: Originating Depff Div: County Attorney Person: Date: 02/04/98 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Heating before xx BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. ~,.b~ ~.,r,.I ~ q~ Iq q 6' AJ~er~em~et~+ O4:~tcl.0.&c~r~: I:e~¢~.t.ax,~ "~'~qq 83 i-e..~¢wa.e~ q, lelq8., t~r~t~r~ t~ l~lq~; ~obru~.r¥ Newspaper(s) to be used: (Complete only if important): xx Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: See Attached: Notice of Public Heating Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? xx Yes [] No If Yes, what account should be charged for adverlising costs: 001- 010510-649100 Reviewed by: Division Head Approved by: Date County Manager List Attachments: Notice of Public Hearing Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 12C-8 i NOTICE OF PUBI,IC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3'a Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Thc Board will consider a Resolution setting forth its intent to use the uniform method of collecting non-ad valorem assessments for interim governmental service fees within the unincorporated area and the incorporated areas of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) ! !11111111111111111111111111111111111111111111111111111111.111111 Ii111111111111111111111111111111111111111111ii1111111111111111 626 627 02-04 I o2-0,~I ELLIE HOFF}tA~ - ~S & RECORDS Collier Cottn~-'~ C.ot~:~chouse (813) 77A-8~OS , (813) 774-8406 12:50 14:30 00°04'09 00'17'51 00'01'55 9414032365 OK 92634864 OK 0G~00~10 0_~_ 00B00~11 February 4, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing - The Board will consider a Resolution setting forth its intent to use the uniform method of collecting non-ad valorem assessments for interim governmental service fees within the unincorporated area and the incorporated areas of Collier County, Florida. Dear Judy: Please advertise the enclosed notice one time on each of the following dates: Saturday, February 7, Monday, February 9, Monday, February 1'6, and Monday, February 23, 1998. Please send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Kuehne, Deputy Clerk Purchase Order 001-010510-649100 12g- NOTICE OF PUBI.IC tlEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3'~ Floor, Administration Building, Collier County Government Cenler, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider a Resolution setting forth its intent to use the uniform method of collecting non-ad valorem assessments for interim governmental sen'ice fees within the unincorporated area and the incorporated areas of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XX Normal legal Advertisement [] Other: (Display Adv., location, etc.) 1 2 0 "" 8 q Originating Dept/Div: County Anomey Person: Date: 02104/98 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before xx BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. ~zbr~x,I ~3 q, lq q ~' f~cl.oec.l.~secr',.e~+ <XtaO.a.a~,r~: Fe~¢~,t~c~ "i,lqq ~ Ce.'~ru~a.~,1 q, IqqB j I~¢u.~r,t ~t$, l'~q~ ~-O. brtuu, xI g,~ Newspaper(s) to be used: (Complete only if important): xx Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: See Attached: Notice of Public Hearing Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? xx Yes [] No If Yes, what account should be charged for advertising costs: 001- 010510-649100 Division Head gQ Approved by: Date County Manager Date List Attachments: Notice of Public Hearing DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to Count).' Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division ['-]Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received: ~./q/q~ Date of Public hearing: Date Advertised: o~/~/~'~ 12C 8 February 25, 1998 State of Florida Department of Revenue 3900 Commonwealth.Blvd. Tallahassee, FL 32303 Re: Resolution 98-53 Enclosed herewith is a copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on February 24, 1998. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 33940 Affidavit of Publication NapLes DaiLy News BOARD OF COUNTY C0MHZSSIONERS ATTN: NAUCY SALOGUB PO B0X 413016 NAPLES FL 34101-3016 REFERENCE: 001230 649100 57645682 NOT%CE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised eny person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/07 02/09 02/16 02/23 0119 M smu 0us NOTICE OF PUBLIC HEARING Notice is h~'eby given that the Boord of Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, In the Boordroom, 3rcl Floor~ Administration Building, Collier Count,/ Govern. merit Center, 3301 East Tamloml Trail, Noples, Florldo. The meeting will begin of ,00 A.M. The Boord will co~slder o Res. oluflon s~fflng forth Its In. tent to u~e the uniform method of collecting non. od valorem ossessmer~ for Interim governmentol service fees wflhln the un- In¢orPorofed oreo and the In~o~lx~ofed GraDs of Col- lier Court, Florida. All interested ore Invited fo offend, to regls?~' to ~peak Grid to onV, In w~lflng, to the Any perso~ who es to al~>eal a ~,,clslon of the Boorcl will need a re. core ~ the proceealr~s pertaining thereto, Grid therefore, ma~ need to ensure that o verbatim rsecord of the proceedings mode, which record dudes the testimony and evidence upon which the oopeol Is fo be Ix~ed. BOARD OF COUNTY COMN~I$SIONER$ COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:./s/Mmv-can Kenyon No. 11~0341 AD SPACE: 57.000 INCH FILED ON: 02/23/98 Signature of Affiant Sworn tO and Subscribed before me this Personally known by me 12C8 ....:'.:?.?.'?;.: ~,~ ~:~di+.h/~. Flanig~n 128 8 RESOLUTION NO. 98- 53 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH ITS INTENT TO USE THE UNIFORM /vIETHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR INTERI2v! GOVERNMENTAL SERVICES FEES WITHIN THE UNINCORPORATED AREA AND THE INCORPORATED AREAS OF COLLIER COUNTY. WItEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as Board or Count>') has determined that certain costs of government services provided to identified parcels of real property should be paid for through the development and imposition of interim governmental services fees imposed upon such parcels; and WHEREAS, the Board has determined that a non-ad valorem assessment is the most feasible method to impose to collect interim governmental services fees against properties within the unincorporated and incorporated areas of Collier County; and 9,q--IEREAS, the Board has identified and recognizes a need for the levy of a non-ad valorem assessment for the interim governmental services fees and glects to use the uniform method of collecting such assessments; and WHEREAS, Section 197.3632, Flqrida Statutes, provides for the uniform method of collecting non-ad valorem assessments and said Section requires that the County adopt a resolution at a public hearing prior to JanuaD' I or, if the property appraiser, tax collector and local government agree, March 1, stating its intent to use the uniform method of collecting non-ad valorem assessments, and the County has previously adopted Resolution 97470 to that end and now adopts this Resolution for purposes of clarification; and WHEREAS, Section 197.3632, Florida Statutes, also requires that the County publish notice of its intent to use the uniform method of collecting non-ad valorem assessments weekly in a newspaper of general circulation within the County for four consecutive weeks prior to the hearing; and WHEREAS, the County has published the required notices. CW A\C~'A\R £SO\2a3655 2 I lll 'l 12C I I NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. There is a need for the lev)' of non-ad valorem assessment to provide for the imposition ,and collection of interim governmental services fees. 2. It is the County's intent to use the uniform method of collecting non-ad valorem assessments for interim govenunental services fees for the provision of general governmental services within Collier County. The non-ad valorem assessments levied for the interim governmental services fees against the properties located within the unincorporated area and incorporated areas of Collier Count)', Florida, that receive a certificate of occupancy between July 1, and the following June 30 of each year that are not shown as an improvement to the real property on the ad valorem tax bill may be collected utilizing the uniform method for collecting such non-ad valorem assessments as provided in Section 197.3632, Florida Statutes. The special -assessment to t~ levied as the non-ad valorem assessment shall pa)' for the enhanced County services provided by the County within both the unincorporated and incorporated areas of Collier Count)' by virtue'of the existence of the said improvement(s) on the real property and the use, occupancy or potential use or occupancy of the improved property. The special assessment is for the interim governmental ~ervices fees that are imposed on the improved real property being given a certificate of occupancy for the portion of a fiscal )'ear or years remaining subsequent to the issuance by the County of the certificate of occupancy. 3. It is also the County's intent to. use the uniform method of collecting non-ad valorem assessments for interim municipal governmental services fees for the unincorporated area of Collier Count)', and for an)' municipality within Collier Count)' that consents pursuant to Section 125.01(1)(q), Florida Statutes. The County, recognizes the requirement of Section 125.01(1)(q), Florida Statutes, that provides that the boundaries of a mvnicipal service benefit unit may include all or part of the boundaries ora municipality (in addition to all or part of the unincorporated area) subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years. ,If the C'W A \CW .~AR ESO\2 -~ 36 .~ 5 2 2 036 .ca33 -001 120 8 governing body of a mttnicipality does not adopt a consent ordinance referenced in Section 125,01(I)(q), Florida Statutes, by March I, 1998, then no properties within such municipality shall be included within the interim governmental services fees municipal service benefit unit. If no municipality consents through its governing body for ali or a part of its municipal boundaries to be included in such benefit unit, the County intends to use the uniform method of collecting non-ad valorem assessments for interim municipal governmental services fees for the unincorporated area of Collier County, and for interim count), governmental service fees for the entire area of the County. 4. A legal description of the boundaries of the real property subject to the levy under Section 2 is provided in the document entitled "COLLIER COUNTY" attached hereto. A legal description of the boundaries of the real property subject to the levy under Section 3 is set forth in the same document; except that no part of the properties described in Exhibits "A" (City of Naples), "B" (City of Everglades) and "C" (City of Marco Island) attached hereto and made a par(hereof shall be subject to the lev)' under Section 3 without the consent of the respective municipalities therein described. 5. A copy of this Resolution shall'be mailed by United States Mail to the Collier County Property Appraiser, the Collier County Tax Collector, and the State of Florida Department of Revenue by March 10, 1998. ' 6. This non-ad valorem assessment is a one time assessment upon improved real property for interim governmental services fees. C'O.' A',OA' s,,,RESO\2.~36.~ 5.2 2[ 036.~3 g~OI II 12C This Resolution adopted this 24th day of February, 1998, after motion, second and majority vote. DATED: February 24, 1997 ATTEST: DWIGHT E. BROCK, CLER.g/ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: ' David C~ Weig~l ' County Attorney CWA\CW A\RESO\2.O6.~5.2 4 036Y~O3001 8 COLLIER COUNTY THE BOU~q)ARY LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING WHERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS O~: THE GULF OF MEXICO; THENCE EASTERLy ON SMD TOWNSHIP LINE TO THE NORTHWEST CORNER OF SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE EAST; THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID TOWNSHIP AND RANGE; THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF TOWNSHIP FORTY-SEVEN SOUTH OF tL~,NGE TWENTY-SEVEN EAST; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO THE EAST LINE OF RANGE TWENTY-SEVEN EAST; THENCE NORTH ON SAID ILa2qGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH; , THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE EAST LINE OF RANGE THIRTY EAST; THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-NINE SOUTH; THENCE EAST ON THE NORTH LINE OF SAID TOWNSHIP FORTY-NINE SOUTH TO THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF BROWARD COUNTY; THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF TOWNSHIP FIFTY-THREE SOUTH; THENCE WEST ON THE SOUTH LINE OF SA/D TOWNSHIP FIFTY-THREE SOUTH TO WHERE THAT LINE EXTENDED INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS OF T~HE GULF OF MEXICO; THENCE NORTHWESTERLY AND ALONG THE WATERS OF SAID GULF OF MEXICO, INCLUDING THE WATERS OF SAID GULF WITHIN THE JURISDICTION OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. .: PER FS 7.11 LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A, CITY. OF NAPLES AND EXHIBIT B, EVERGLADES CITY AND v.X~IBXa: ¢,' CITY OF MARCO ISLAND E~HIBIT "A" CITY OF NAPLES 10/95 CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNEXATION AREA) Beginning at the ~orthwest corner of Section 16, Township 49 South, Range 25 East, thence east along the north line of said Section 16 to the north quarter corner of Section 16, also the northeast corner of Government Lot One; thence south 00 degrees 45 minutes 40 seconds eazt for 30.00 feet to the northwest corner of Park Shore Unit No. 4, said. point is also the southwest corner of Seagate Drive and Crayton Road; thence along the platted boundary of said Park Shore Unit N~. 4 in the following described courses: north 89 degrees ~1 minutes 00 seconds east ~336.83 feet; south 0 d~grees 39 minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 90 seconds east 330.00 feet; north 00 degrees 39 minutes 10 seconds west 660.00 feet uo the south right of way line of Seagate Drive; thence east along the south right of way line of Seagate Drive 1,866.98 feet to a point on the west right of way line of U.S. 41 (Tamiami Trail); said point being the southwest right of way corner of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly along the west right of way line of U.~. 41 (Tamiami Trail} 2,623.60 feet to a point on the east and west quarter section line of Seczion 16, Township 49 South; Range 25 East; thence along the east and west quarter section line of said Section 16, north 69 degrees 39 minutes 50 seconds east 150.00 feet to the east quarter corner of said Section 16; thence along the east line of said Section 16, south 0 degrees 24 minutes 40 seconds uast 2649.62 feet ~o thc northeast corner of Section 21, Township 49 South, Range 25 East; thence along the east line of said Section 21, South 0 degrees 43 minutes 30 seconds east 1069.33 feet to a point which lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from the northeast corner of Lot' i of Block 22 of said plat of Park Shore Unit No.3; thence at right angles to the wes~ right-of-way line of U.S. 41 (Tamiami Trail), easterly 2~.00 feet to the east righ~-of-way line of U.S. 41; thence along the eas~ right-of-way line of U.S. 41, southerly 810.97 feet ~o ~he northwest corner of Block A, North Naples Highlands as recorded in Pla= Book 3, Page 12; thence south 89 degrees 43 minutes east, 375.0 feet; thence. south 135.32 feet; thence north 89 degrees 40 minutes 45 seconds west, 22.53 feet to the beginning of a curve concave southeasterly, 113.23 feat (Chord - 112.72 feet, Radius 330 feet) to a curva~ concave northwesterly, 92.68 feet (Chord = 92.22 feet, Radius 270 feet); thence north 89 degrees 40 minutes 45 seconds west, 150.31 feet to the east right of way line of U.S. 41; thence south along said ~ast right of way line to ~he northwest corner of 'Tract~ "A", 1 High Point Subdivision; thence south 89 degrees 55 minutes 30 seconds east, 400.0 feet to the northeast corner of said Tract "A"; thence south 0 degrees 02 minutes 02 seconds west, 434.88 feet to the north line of Rosemary Heights Addition; thence west along said line to the northeast corner of Lot 48, Rosemary Heights Addition; thence south along the east line of said Lot 48 to the southeast corner of said Lot 48; thence west along the south line of Lots 48, 46, 44, 42, and 40 to the east right of way line of U.S. 41; thence southerly 858.62 feet along said east right of way line of U.S. 41 to a point on the north line of Section 27, Township 49 South, Range 25 East w~ich lies 24.88 feet east of the north-west corner of said Section 27; thence along the~north line of said Section 27, east to the northeast corner of the northwest quarter of said Section 27; thence continuing along the north line of said Section 27, east 45 feet to the east right-of-way line of C-851 (also known as Goodlette-Frank Road); thence along said east right-of-way line of C-851 (also known as Goodlette-Frank Road), (which right-of-way line lies 45 f~et east of, measured at right angles to, and parallel with thc north and south quarter section line of said Section 27), to the north line of Lot 11, Naples Improvement Company's Little Farms, Plat Book 2, Page 2; thence east to the east section line of Section 27, Township 49 South, Range 25 East; thence north along the east line of said Section 27 to the northeast corner of said Section 27; thence east along the north line of Section 26, Township 49 South; Range 25 East to a point 990.0 feet west of the west right of way line of Airport Pulling Road; thence south 01 degrees 30 minutes 00 seconds east, 1320.0 feet; thence north 89 degrees 25 minutes 40 seconds east, 660.0 feet; thence north 01 degrees 30 minutes 00 seconds west, 1320.0 feet to the north linc of said Section 26; =hence east along said north line of Section 26 to the west right of way line of A/rport- Pulling Road; thence southerly along the west right of way line of said Airport-Pulling Road to the south line of said Section 26 (said right-of-way line lying 50 feet west of the southeast corner of said Section 26); thence westerly along said south line to the southwest corner of said Section 26; thence northerly along the wast line of said Section 26 to the southerly right-of-way line of Golden Gate Parkway (100 feet wide); thence easterly along said southerly right-of-way line to a point lying.Il20.00 feat west of the west line of said Airport Pulling Road; thence northerly parallel with said west right-of-way line to the northerly right of way line of said Golden Gate Parkway; thence westerly along =he north right of way of Golden Gate Parkway to a point 620 feet eas~ and 235.46 fee= south of the northwest corner of Lot 8, Naples Improvement Company's Little Farms; thence north 235.46 feet to the north line of Lot 8; thence west along said north line 620 feat to the northwest corner of said Lot 8; thence southerly to that angle point in said east right-of-way line which lies on a line 400.00 feet northerly of (measured at right angles to) and parallel with the north line of Section 34, Township 49 south, Range 25.East; thend~ continuing along said east right-of-way line to the north 2 ~ line of Gordon River Homes Subdivision; thence east along the north line of Lots 50, 49, and 48 to a point 22.5 feet east of the northwest corner of Lot 48; thence south parallel to the west line of Lot 48 to the south line of Lo~ 48; thence west along the south line of Lots 48, 49, and 50 to the east right of way line of Goodlatte-Frank Road; thence continuing along said east right-of- way line, which line lies 100.0 feat east of, measured at right angles to, and parallel with the north and south quarter section line of said Section 34; thence continuing along zaid east right- of-way line to a point on the north line of the southwes~ quarter of the northeast ~quartar , of Section 34 Township 49 South, Range 25 East; thence continue on said right of way line 460.0 feet; thence north 89 degrees' 41 minutes 30 seconds east 494.99 feet; thence south 0 degrees 34 minutes 06 seconds east 615.88 feet to a point of curvature; thence southwesterly 343.97 feet along the arc of a tangential circular curve, concave to the northwest having a radius of 243.97 feet ~and subtended by a chord Which bears south 44 degrees 33 minutes 25 seconds west 345.84 feet; thence south 89 degrees 41 minutes 30 seconds wast 250.0 feet to the easterly right of way line of Goodlette-Frank Road; thence south along said right of way line to a point 48.43 feet south of the north line of the south half of Section 34, Township 49 South, Range 25 East; thence north 89 degrees 56 minutes 59 seconds east 249.79 feet; thence northeasterly 173.98 feat along the arc Qf a circular curve concave to the northwest having a radius of 293.97 feet and being subtended by a chord which bears north 72 degrees 59 minutes 41 seconds ea~ 171.46 feat; thence south 89 degrees 47 minutes 31 seconds east 808.79 feet; thence north 89 degrees 55 minutes 05 seconds east 993.64 feet to a point on that bulkhead line as shown on Plat recorded in Bulkhead Line Plat Book 1, Page 25, Collier County Public Records, Collier County, Florida; thence run the following courses along ~he said Bulkhead llne, 47.27 feet along the arc of a non-tangential circular curve concave to the west, having a radius of 32.68 fee~ and subtended by a chord having a bearin~ of sou~h 14 degrees 08 minutes 50 seconds east and a length of 43.26 feet to a point of tangency; south 27 de~rees 17 minutes 25 seconds wast for 202.44 feet to a poin~ of curvature; 296.89 feat along tke arc of a curve concave to the southeast, having a radius of 679.46 feet and subtended by a chord having a bearing of south 14 degrees 46 minutes 21 seconds west and a length of 294.54 feet to a poin~ of reverse cu~-vature; ~57.10 fee~ along the arc of a curve concave to the northwest, having a radius of $4~.70 fee~, and subtended by a chord having a bearing of south 10 de~rees 33 minutes 47 seconds west and a length of 156.55 feet to a poin~ of reverse curvature; 307.67 fee~ along the arc of a curve concave to the northeast; having a radius of 278.30 feet, and subtended by a chord having ~ bearing of sou~h 12 degrees 47 minutes ~9 seconds east and a length' of 292.24 feet to a point of reverse curvature; k3~.3~ feet along the arc of a cu,-ye concave to the southwest, having a radius of 100.00._fee~, and sub~ended by a chord having a bearing of sou~h 05 de~rees 42 minutes 27 seconds east and a length of 125.21 feet to 3 a point of tangency; thence south 33 degrees 03 minutes 21 seconds west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds west 1.93 feet to the north line of River Park East Subdivision which is also the north line of the south half of the southeast cfuarter of Section 34, Township 49 South, Range 25 East; thence along the north line of the south half of the southeast quarter of said Section 34, easterly to the west line of Section 35, Township 49 South, Range 25 East; thence along the west line of said Section 35, northerly 1320 feet more or lesz to the northwest corner of the south half of said Section 35; thence along the north line of the south half of sa~d Section 35, easterly to the west right-of-way line of State Road No. 31 (Airport Road), which right-of-way line lies 50.0 feet w~st of, measured at right angles to, and parallel with the east line of said Section 35; thence along said risht-of- way line of State Road No. 31, south 00 degrees 13 minutes 57 seconds west 1800 feet more or less to a point on said west right- of-way line, which lies north 00 degrees 13 minutes 57 seconds east 848.02 feet and ~outh 89 degrees 46 minutes 03 seconds west 50.00 feet from the 'southeast corner of said Section 35; thence continuing along said west right-of-way line southerly 325.02 feet along the arc of a tangential circular curve concave to the east, radius 2914.93 feet, subtended by a chord which bears south 2 degrees 57 minutes 43 seconds east 324.87 feet; thence continuing along said west right-of-way line, tangentially south 6 degrees 09 minutes 22 seconds east 3.13 feet; thence sout'herly along a curve concave to the southwest, having a central angle of 6 degrees 23 minutes 19 seconds and a radius of 1860.08 feet, a distance of 207.34 feet; thence south 0 degrees 13 minutes 57 seconds west 313.03 feet more or less to a point 'on the north line of and 20 feet west of the northeast corner of Section 2, Township 50 South, Range 25 East; thence southeasterly, 300.7 feet more or less to a point on the east line of said Section 2 which point lies 300.0 feet south of the northeasu corner of said Section 2; thence along the east line of the north half of said Section 2, southerly to =he southeast corner of the north half of said Section 2; thence alon~ the south line of the north half of said Section 2; westerly to the northeast corner of the southeast quarter of Section 3, Township 50 South, Range 25 East; thence southerly along the east line of th-_ southeast quarter of said Section 3, and along the east lines of Sections 10, 15, 22, and 27, all in Township 50 South, Range 25 East, to the southeast corner of said Section 27, Township 50 South, Range 25 East; thence westerly along the south line of said Section 27, Township 50 South, Range 25 East, and along ~he westerly prolongation of said south line to a point 1000 feet west of the mean low water line of the Gulf of Mexico; thence northerly along a line lying 1000 feet westerly of the meanders of the said mean low water line to an 'intersection with the westerl~' prolongation of the north line of Section 16, Township 49 South, Range 25 Eas~; thence easterly along said westerly prolongation to the place of beginning, said land lying and being in Collier Couture; Florida. ~ 8 ~ xH//5/ T "PJ Chapter 29058 HOUSE BILL NO. 961 Laws of Florida, Acts of 1953 An Ac: to Abolish the Char%er of the Town of Ever§laden, in Collier Oounty, Florida, and %o Grant a l|ew Char~er for the "City of Everglades,, in Collier County Created [~nder This Act; to Define i%s Boundaries, Jurisdiction, Powers, Privileges and Imm~unities; to Confirm :he Title :o all City Property eluding all Riparian and Foreshore Rights. the Tl%le :o All The Tide Water and ~ker Lands and River ~o:toms; to Validate all Taxes and Other Assessments and Levies Heretofore Fade; to Preserve the Validity ~nd Binding Force of All Deb:n, Obligations and Liabilities of the Form...er Town of Everglades, and to Continue the Same as the Debts and Liabilities of the City of Everglades Created by This Ac:, and to Preserve the Validity and Binding Force of All Credits end Assets of :he Fcrm~r Town of Everglades an~ to Continue ~he Same as the Credits and Assets of :he City of Everglades Created by This Ac~; Fixing %he Time Nhen This Ac: Skall Take Effect; end Provide for the Election and Compensation of ~he City Officials Authorized by This Ac~; Creating a Municipal Court and Defining its Powers and Juri:diction; Creating a Municipal Corpora:ion in the Sta~e of Florida to be Enown as the City of Everglades, and Granting Unto it Specific and General Power and Authority Incident ~nd Necessary to the Runn}ng and Operation of a Municipal Corporation. BE IT ENACTED 8Y THE LEGISLATURE OF THE STATE OF FLORIDA: Section 1. QlJk_CH&RTER R~PEALED AND NEW CHARTEN That ~he present Char%er of :he Town of Everglades, in Collier County, Florida, and all laws amendatory there- of be and the same are hereby repealed, and a municipal govervment be and is hereby created under %he name of "CITY OF EVERGLADES',, in Collier County, Florida which shall possess ~he ~erritorial limits and %he powers and duties hereinafXer set forth. Section 2. BOUNDARIES, The territorial limits of the City of Everglades as created under this Act are hereby defined as follows: Beginning e: ~he Northwest corner of :he Southeast quarter of the Northwest quarter of Section 11, Township 53 South, Range 29 East, thence Easterly to the Northeast corner of %he We~ half of the Southwest quarter o£ the Nor%hens% quarter of said Section 11, thence Southerly to the So.u%h- . east corner o£ the West half o£ the Southwest quarter of :he Southeast quarter of said Sec:ion 11; %hence Easterly to ~he Northeas= corner of the Nor'chwest quarter of :he Eor-~heast quar'cer o£ Section l&, To~ship 53 South, of Range 29 Eas~; thence Southerly to the Southeast corner of the Northwest quarter of the Northeast quarter of said I 12C 1 Sect/on 1~; thence ~este~ly to the Northeas~ corner of the ~eet half of the South~eet ~uar~er of the t~orthea · the [Iorthpg~-~2L~ZL'~_aecc~°n ~; t~ence ~esterl to ...... --,~ o~ one Sou:heas: quarter of theYSo wes: quarter o£ sa~d Section ~:; thence Southerly :o th~th Sou:heas: corner of the forth ha~£ or the Southeast ~u~r~cer o£ the Northwest quart, er o£ Section 23~ Township ~53 south, Range 29 East; thence ~esterl¥ to the Southwee~ corner o£ the ~orth hair of eaid Southeas: quarter o£ ,l{orth~es: quart, er o£ Section 23; thence ~ortherly to the Southeas: corner o£ the ~orth~ee: quarter or the ~o~h- ~ea: qua~er o~ said Sec:ton 23; t~ence ~ester~y to the Sou:h~es: corner or the No~h~es~ ua~er o west qua~r of saia e.~.. ~ .~ .. f t~e .... --~- :~; :hence westerly .:o Che Scutk~es: corner o~ the East haI~ of the Southeast qua~er o[ ~he Southeast quarter o~ Section 15, To,ship "53 Sou~h Range 29 Ca~:; thence No~herly to ~he ~est corner o~ the gas: hall o[ :he [~o~heast quarter :he ~outheast quamer o~ said Section 15; thence Easterly to the No--hens: corner o~ :he East hal~ of :he North- east q~er o~ the Sou:hens: qua~er o~ said Sectlon 15; thence ~lo~herly :o :he No~h~est corner o~ the ~ou:h~e~ ua~er o~ the Southwest qua~er o~ ~ection 11, To~hip ~ South, ~nge 29 East; thence Easterly to the South~es~ c?ne~_o~ the :~o~heast quarter of the Southwest qua~er o: ~a~ ~ect~on 1~; thence No~herly to the point o~ begtnnt~. All as =hown on plat of the Town of Everglades, recorded in Pla: Book l, Pages 87 to 9~, inclusive, Collier County records and the Cicg limits as shown thereon. ~ 11 12 13 EXHIBIT "C" 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 ARTICLE II - CORPORATE LIMITS Section 2.01 Description of Corporate Limits.--The following shall constitute the Corporate Limits of the City of Marco Island: A Corporate Line lying offshore from Marco Island, in portions of Township 52 South, Range 26 East, Collier County,'Florida, which line is described as follows: From the corner common to Sections 17, 18, 19, and 20, Township 52 South, Range 26 East, run Westerly along the line common to said Sections 18 and 19 to a point 2,640 feet offshore in the Gulf of Mexico from the Mean High Tide Line Section 18 and the point of beginning. From said point of beginning, run Southerly-2,640 feet offshore from the Mean High Tide Line of Marco Island, past the Southerly point of. said Island to the mouth of Caxambas Pass, thence run Northeasterly in the waters of Caxambas Pass to the center line of the channel of said Caxambas - 1 - 1 2 3 4 5 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24' 25 26 27 28 29 3O 31 ENROLLED 1997 Legislature HB 1729, First Engrossed Pass; thence run Easterly along the centerline 6f the channel of Caxambas Pass, to a point intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly end of lands formerly known as J.M. Barfield Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from the Mean High Tide Line of Marco Island to intersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence continue Northerly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to canterline of the aforementioned Blue Hill Creek; thence run Northeasterly along the centerline of Blue Hill Creek, but to a point intersecting the line common to Range 26 East and Range 27 East, Township 52 South, Collier County, Florida; 'thence run Northerly along the line common to said Range 26 and 27 but to a point intersecting the centerline of the channel of the Big Marco River, thence Northerly, Northwesterly, and Westerly along the cent~line of the aforementioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from the Mean High 12C 8 -- 2 -- 120 ENROLLED 1997 Legislature 1729, First Engrossed Tide Line of Marco Island; thence run 'Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, Township 52 South; Range 26 East. 8 - 3 - COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv.. location, etc.) I'-I Other: Originating Dept/Div: Comm. Dev. Serv./Planning Person: (~r',~no ~~ Date: I! ft~ ~ Petition No. (If none. give brief description): V-97-16 Petitioner: (Name & Address): ,~effery Piipponen, 4500 Executive Drive Suile #110, Naples, FL 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Karen K. Bishop, Project Management Services, Inc., 2335 Tamiami Trail N., #408, Naples, FL 34103 Hearing before BCC XXX BZA Other Newspaper(s) to be used: (COmplete only if important): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other [-'l Legally Required Proposed Text: (Include legal description & common location & Size: P¢lillion N0, V-97-16, K0rcn K, Bishop of Proicel ~ Management Services, Inc., representing ,leffrev Piipp0nen, requesting a 2 fo0l variance to the required height for fences from 6 foot to 8 foot for propcrtv known as Longshore L0kes PUD, in Section 20, Township 48 South, Range 26 Easl. Companion petition(s), Does Petition Fee include advertising cost..'? dyes 113-138323-6491 I0 Reviewed by: Division Head Date if any & proposed hearing date: [] No If Yes. what account should be charged for advertising costs: Approved by: List Attachments: CounLy Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person, to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Offi~.~, retaining a copy for file. Date Received: //,//~,,~// Date of Public hearing: Date Advertised: (inc~ud~cj this cove]:) I~A-1 263-4864 Re** illllli1111111111111111111111111111111111111ii11111111111111111 I o~1 ~1 T~T~L tlPG~ 1 ~ ELL~ ~FFI~AH-~U~*ES &I~CORI)S ~J~ ~0.* (813) ?74-8408 X:*~OI~B'NO: (83.3).774-8406 January 20, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-16 Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Kuehne, Deputy Clerk Encl. Acct. No. 800551 13A-1N NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County commissioners of Collier County, will hold a public hearing on TUESDAY,'FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-97-16, Karen K. Bishop of Project Management Services, Inc., representing Jeffrey Piipponen, requesting a 2 foot variance to the required height for fences from 6 foot to 8 foot for property known as Longshore Lakes PUD, in Section 20, Township 48 South, Range 26 East. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) January 20, 1998 Karen K. Bishop Project Management Services, Inc. 2335 Tamiami Trail N. #408 Naples, FL 34103 Re: Notice of Public Hearing to consider a Petition V-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Jeffrey Piipponen 4500 Executive Drive Suite #110 Naples, FL 34119 January 20, 1998 Jeffrey Piipponen 4500 Executive Drive Suite #110 Naples, FL 34119 Re: .Notice of Public Hearing to consider a Petition V-97-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Karen K. Bishop Project Management Services, Inc. 2335 Tamiami Trail N. #408 Naples, FL 34103 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-97-16, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 13A-1 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hear~nq after nnti.~o ,]~ in ~.~(t rr,qul.~tions m.~do ,~nd provided, and has considered the advisability of a 2-foot variance from the required height for fences from 6 feet to 8 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS ef Collier County, Florida, that: The Petition V-97-16 filed by Karen K. Bishop of Project Management Services, Inc., representing Jeffrey Piipponen, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 2-foot variance from the required height for fences from 6 feet to 8 feet as shown on the attached plot plan, Exhibit "l", of the PUD zoning district wherein said property is located, subject to the following conditions: Exhibit ~'C" BE IT RESOLVED that this Resolution relating to Petition Number V-97-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Assistant County Attorney ~/ V-97-16 RESOLUTION Chairman -2- LONGSHORE LAKE LEGAL DESCRIPTION A parcel of land located in Section 20 and Section 17, Township 48 South, Range 26 East, Collier County, Florida; being more particularly described as follows: Co,,,,ence at the Southeast corner of Section 20, Township q8 South, Range 26 East, Collier County, Florida; said corner being the POINT OF BEGINNING of'the following described parcel; thence run North 01o00,25, W~st along the East line of said Section'20 for a distance of 2.660.17 feet to the East quarter corner of said Section 20; thence North 01o00,q2,, West along the East line of said Section 20 for a distance of 2,660.00 feet to the Northeast corner of said Section 20; thence South 89o0~,09. West along the North line of said Section 20 for a distance of '~' 2,627.60 feet to the East line of the West 20 feet of the East half of said Section 20; thence South 01o05,1~. East along the East line of the West 20 feet of the East half of said Section 20 for a distance of 3,293.03 feet; thence 165.93 feet along the arc of a tangential circular curve having a radius of 605.00 feet, curvin9 to the right through a central angle of 15oq2,52. subtended by a chord 165.~1 feet at a bearin9 of South 06oq6,12. West; thence non-tangent North 88o5~,q6. East for a distance of 62.61 feet to the East line of the West 60 feet of the East half of said Section 20; thence South 01o05,1~, East along the East line of the West 60 feet of the East half of said Section 20 for a distance of 1,860.00 feet to a point on the South line of said Section 20; thence North 89o08.~1. East along the South line of said Section 20 for a distance of 2 580 38 feet to the POINT OF BEGINNING. · · Also the South 30.00 feet of the Southeast quarter of Section 17, Township q8 South, Range 26 East, Collier County, Florida less and except the West 20.00 feet thereof. ' Containing 320.51 acres, more or less. EXHIBIT "B" NapLes DaiLy flews Naples, FL 339~0 Affidavit of Publication Naples Daily News BOARD OF COUtiTY COHH[SSIONERS ATTN: NAHCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57636615 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/08 Ore re cord AD SPACE: 59.000 INCH F~LED ON: 02/09/98 Signature of Affiant Sworn to and Subscribed before me this Personally knoun by ae _.f.~-~.' , RESOLUTION NO. 98- 54 RELATING TO PETITION NUMBER V-97-16, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 13 -1 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on ~11 counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, amoag which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 2-foot variance from the required height for fences from 6 feet to 8 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-16 filed by Karen K. Bishop of Project Management Services, Inc., representing Jeffrey Piipponen, wis respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 2-foot variance from the required height for fences from 6 feet to 8 feet as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: Exhibit BE IT RESOLVED that this Resolution relating to Petition Number V-97-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ ~/ day of ~, 1998. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~airman Approved as to Form and Legal Sufficiency: Marjo~ie M. Student Assistant County Attorney f/ V-97-I6 PE$OLUTIO~'~ -2- 13Ai- ! LONGSHORE LAKE LEGAL DESCRIPTION A parcel of land located in Section 20 and Section 17 Township q8 South, Range 26 East, Collier County, Florida; befog moreI particularly described as follows: Commence at the Southeast corner of Section 20, Township 48 South. Range 26 East, Collier County, Florida; said corner be ng the POINT OF BEGINNING of the following described parcel; thence run North 01000,25', West along the East line of said Section 20 for a distance of 2,660.17 feet to the East quarter corner of' said Section 20; thence North 01o00,42,, West along the East line of said Section 20 for a distance of 2,660.00 feet to the Northeast corner of said Section 20; thence South 89004,09', West along the North line of said Section 20 for a distance of ~ 2.627.60 feet to the East line of the West 20 feet of the East half of said Section 20; thence South 01o05,14,, East along the East line of the West 20 feet of the East half of said Section 20 for a distance of 3.293.03 feet; thence 165.93 feet along the arc of a tangential circular curve having a radius of 605.00 feet. curving to the right through a central angle of 15o42,$2. subtended by a chord 165.41 feet at a bearing of South 06o46,12, West; thence non-tangent North 88054,46', East for a distance of 62.61 feet to the East line of the West 60 feet of the East half of said Section 20; thence South 01o05,14,, East along the East line of the West 60 feet of the East half of said Section 20 for a distance of 1.860.00 feet to a point on the South line of said Section 20; thence North 89o08,41,, East along the South line of said Section 20 for a distance of 2 580 38 feet to the POINT OF BEGINNING. ' · Also the South 30.00 feet of the Southeast quarter of Section 17, Township 48 South, Range 26 East. Collier County. Florida less and except the West 20.00 feet thereof. ' Containing 320.51 acres, more or less. EXHIBIT "B" 13A-~ ROAD F.×HI BI'~' AGREEMENT I, Karen Bishop as authorized agent for Petition V-97-16, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on February 5, 1998. When deemed warranted by the County, the applicant, at their own expense, shall remove the portion of the wall necessary to provide the required interconnection with the Woodlands PUD. 2. The property owner, in order to reduce the visual impact of the wall on Immokalee Road, shall submit a landscape plan depicting existing and supplemental landscaping for review and approval by the Collier County Landscape Architect prior to the issuance of a building permit for the wall. State of Florida County of Collier PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of ,1998 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT "C" REPRESENTATIVE FOR CCPC State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this / day of ~~/1998 by ., who is personally known to me or-who.hasl:g'oducedL-~.-.-- ........ as-identification and who did (did not) take an oath. (Signature of Notary Pu'blic) t-~' ("'} ~' " ,' / ,,- - ;, , t'1 NOTARY PUBLIC . t ' .'i ~''' ~.'.'q-,, Commission # : ....... ," · . ..'.':.~',.,,'" I My Commission ~-x~___s .,,.' ..... ".',', ' ~'c---- ' I I ii II IIIIIII I I I I I III .J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to the Board: Plcane place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv.. location, crc.) 13A-2 ' Petition No. (If none, give brief description): V-97-15 ~ Petitioner: (Name & Address): _Lana S.Chadwick, 118 Caicput Drive, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach scpamte sheet) Kenneth D. Goodman 5551 Rid ex,,. Driv uti 405 Na le FL 34108 Hearing before Bce XXX BZA Other Requested Hearing date: ~/~.~- / C, ~ Based on advcrtisemen, appearing, 5 days before hearing. I . Newspaperes) to be used: (Complete only if important}: XXX Naples Daily Nexvs Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Pelition No. V-97-15 Kenneth D man re ~ Lana S. Chad~Sck uestin a 0.5 foot aflcr-thc-~ vanancc from Ibc ~ id 'ar I a k for thc rind structure alon th south r ' linc 29.5 feel' a 4 0 t er- h -fa varianc frm th ui 30 fi i r · k for naceesso structure alon he uth r ' line to 26 fi t' 133 oo er-lhe-fa varianeefromlhc uired Off id rd setback for a tennis court al n thc n rth ro ]]ne I 16.7 feet and a 2.0 fit after-thc-fa variance from Iht uired structure-to-structure setback f !0 fee for the a ti n between the tinct al structure and a tennis court to 8 feet for ro located at 118 Ca' ut Drive further described as Lot 14 Block L Pine Rid e Extension. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost7 [] No If Yes. what account should be charged for advertising costs: .eviexscd by: ~ O :i~ ~ OO-.5'~' / Approved by: Division Head Date County Manager Date List Atlachments: .DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessa.r~_,legal review, or request for.same, is submitted to County Attorney before submitting to County Manager. The Manager s office will distribute cop,es: [] County Manager agenda file: to [] Requesting Division Clerk's Office [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. ~'~*~'~**~**~**~'~''~*~**~***~***~'*~r~*~**~*~*~**~*~*~*~*~*~**~**~'~***~ FOR CLERK'S OFFICE USE ONLY: ~ ~ OF PAGES this cover) ~-2 ii11111111111111111111111111111111111111111111111111 ii1111111 }i',l .'~¥i'llillllllllilllllliillilillllllllliliillliillillllill~l. . . ~ ~ I ~1 ~~ .... uont: / 13A-2 January 20, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-15 Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Clerk ~~. Kuehne, Deputy Encl. Acct. No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A~.M. The Board will consider Petition V-97-15, Kenneth D. Goodman, representing Lana S. Chadwick, requesting a 0.5 foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after-the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet for property located at 118 Cajeput Drive, further described as Lot 14, Block L, Pine Ridge Extension. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) January 20, 1998 Lana S. Chadwick 118 Cajeput Drive Naples, FL 34108 Re: Notice of Public Hearing to consider a Petition V-97-15 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday February 8, 1998. ' You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Kenneth D. Goodman 5551 Ridgewood Drive Suite 405 Naples, FL 34108 January 20, 1998 Kenneth D. Goodman 5551 Ridgewood Drive Suite 405 Naples, FL 34108 Re: Notice of Public Hearing to consider a Petition V-97-15 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Lana S. Chadwick 118 Cajeput Drive Naples, FL 34108 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-97-15, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 0.5-foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after-the-fact variance from the required 30 foot side yard setback for an accessory structure, alo~lg the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: -1 - 1}A-2 The Petition V-97-15 filed by Kenneth D. Goodman, representing Lana S. Chadwick, with respect to the property hereinafter described as: Lot 14, Block L, Pine Ridge Extension, as recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 0.5 foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property l~ne to 29.5 feet; a 4.0 foot after- the-fact variance from the required 30 foot side Yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet, as shown on the attached plot plan, Exhibit "A", of the RSF-1 zoning district wherein said property is located, subject to the following conditions: A. This variance is for the encroachments depicted in Exhibit "A", with the exception of the shed, only. Any other encroachment shall require a separate variance. B. In the case of destruction of the encroaching structures, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Nu~er V-97-15 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA B;~RBA_RA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Marjdu~ie M. Student Assistant County Attorney f/ V-97-15 RESOLUTION EXHIBIT "A" Naples Daily News Naples, FL 33940 NOT~ OF Affidavit of PubLtca:ton PUBLICHEARIN~ Notice I$ h~y~ Nap:es Daily Ne~s ....................................................................... ~mlss~ ~ C~Ii~ h~l~ ~ T~AY, FEBRU~Y Admlnls~lon Building, BOARD OF COUNTY COHHZSSZONERS Coll~ C~ ~v~n- me~ Ce~er, 3~1 E~ ATTN: NANCY SAL~UB Tomlamt Trail, N~I~, PO BOX ~q30q6 HAPLES FL 3G10~-30q6 ~rd wig c~ P~- fl~ V.97-1S, Ke~ D. G~mon~ representing Lo~ ~ ~1~, r~ ~t o 0~ f~ ~-~ REFERENCE: ~1230 8~5Sl 5763~ NOTICE OF PUBLIC HEA ~ 11~ to ~.S f~ v~lonce karo ~e r~ ~lr~ 30 f~ ~ f~ ~ ~c~ s~e, 1 vorlo~ce kom ~e re- fine f~ ~.~.f~ ~e ~ ~ r~ ~ 10 f~ ~ ~ ~1~1~ ~e ~ o All J~er~ ~e I~ Any r~d PUBLZSHED ON: 02/08 BOARD OF COUNTY CO~~S COLLIER COUNTY, BARBARA B. BERRY, CHAIR~ ~D SPACE: 79.~ iNCH DWIGHT E. BROCK, ~RK FILED 0N: 0~/0~/98 ~/s/ ~ ~ ~, ~ ............................... (~C~ S~rn to and Subsc~b~ before me ~hJs /~: day of , PersonaLty known by me _/~rZ '?.t./.l~,. "--' State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said neuspaper on dates listed. Affiant further says that the said Naples Daily News ts a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter et the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 13A-2 : 13A-2 RESOLUTION NO. 98- 55 RELATING TO PETITION NUMBER V-97-15, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance ~o. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 0.5-foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after-the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: -1- ]3A"2 The Petition V-97-15 filed by Kenneth D. Goodman, representing Lana S. Chadwick, with respect to the property hereinafter described as: Lot 14, Block L, Pine Ridge Extension, as recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 0.5 foot after-the-fact variance from the required 30 foot siJe yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after- the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet, as shown on the attached plot plan, Exhibit "A", of the RSF-1 zoning district wherein said property is located, subject to the following conditions: A. This variance is for the encroachments depicted in Exhibit "A", with the exception of the shed, only. Any other encroachment shall require a separate variance. B. In the case of destruction of the encroaching structures, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-97-15 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of .,~/.~z~_;a-/ , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjc~ie M. Student Assistant County Attorney ft '¢-97-I ~; -2- NA~. NWL / C~ I FOUND I I I I I I LOT l$ Site mad w~th encroac~men~ mrrJecl EXHIOIT COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC ItEARINGS To: Clerk to the Board: Please place the following ns a: XXX Normal legal Advertisement (Display Adv.. location, etc.) [] Other: 13A-3 Petition No. (if none. give brief description): V. -97-17 Petitioner: (Name & Address): Daniel and Margaret Kelly, 683t Sandahvood Lane, Naples, FL 34109 Name & Address of any person(s) to bc notified by Clerk's Office: (if more space is needed, attach separate sheet) Hearing before BCC Requested Hearing date: Newspaper(s) to be used: XXX BZA Other Based on advertisement appearing 15 days before bearing. (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Sizei Petition No. V-97-17, Daniel and Margaret Kelly requealing a 22,9 fool after-the-fact variance from the required side ,~'ard selback 0f30 feet to 7. l feet for pr0penv 10caled al 6831 Sandalwood lane, further described as the West 150 feet 0fTract 37, Golden Gate Estate~; Unit No. 35. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [~es [] No 113-138323-649110 '%~ ,a./z.. , 0 R e,,,ed by: Division Head Date List Attachments: If Yes. what account should be charged for advertising COSlS: Approved by: Count).' Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: if legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to ["'] Requesting Division [] Original Clerk's Office B. Other heatings: Initiating Division bead to approve and submit original to Clerk's Office, rclaining a copy for file. Date Received: /?~g,/a'~6 Date of Public hearing: Date Advertised: [ OF PAGES CL.nclud.tng ~ cove~) !ili!111111111111111111111111111111111111111111111111111111i111 Ii11~i11111111111111111111111111111111111111i111111111111111111 Da~e non~: sont: January 20, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-17 Dear Judi: Please advertise the above referenced notice one time on Sunday, February 8, 1998 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. P.O. No. 800551 NOTICE OF PUBLIC HEARING 13A- Notice is hereby given that the Board of County Commissioners o~ Collier County, will hold a public hearing on TUESDAY, FEBRUARY 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-97-17, Daniel and Margaret Kelly requesting a 22.9 foot after-the-fact variance from the required side yard setback of 30 feet to 7.1 feet for property located at 6831 Sandalwood Lane, further described as the West 150 feet of Tract 37, Golden Gate Estates Unit No. 35. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk ( SEAL ) January 20, 1998 Daniel & Margaret Kelly 6831 Sandalwood Lane Naples, FL 34109 Re: Notice of Public Hearing to consider a Petition V-97-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the NaPles Daily News on Sunday, February 8, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-97-17, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 13A- WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code {Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 22.9-foot after-the-fact variance from the required side yard setback of 30 feet to 7.1 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-17 filed by Daniel and Margaret Kelly, with respect to the property hereinafter described as: West 150 feet of Tract 37, Golden Gate Estates Unit No. 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 22.9-foot after-the-fact variance from the required 30 side yard setback of 30 feet to 7.1 feet as -1- shown on the attached plot plan, Exhibit "A", of the "E" Estates zoning district wherein said property is located, subject to the following conditions: The variance is only for the encroachment depicted on the attached site plan. BE IT RESOLVED that this Resolution relating to Petition Number V-97-17 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 1998. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney f/ V-97-17 R~$OLUTION -2- ~' Y SKETCIf OF BOUNDARY SURVE)' EXHIBIT "A" NapLes DaiLy Nevs NapLes, FL 33940 Affidavit of PubLicatinn Naples Daily News 80ARD OF COUNTY COHM%SSIONERS ATTN: NANCY SALOGUB PO BOX 4q3016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 5763?460 NOTICE OF PUBL%C HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/08 AD SPACE: 58.000 INCH FILED OH: 02/09/98 NOTICE OF PUBLIC HEARING . nty, hold o Public neorlng on TUESDAY, Aamlnlsfr~tlon Building, ter Cour~V Govern. ~enter,- 3301 East Tomlaml Trail, Na~les,, ~IO~.Ic~:L The meeting o~gln c~ 9.~0 A.M. The Board will coe~slder Pe~. ~on V.97.17, Daniel ~orgoret Kelly request. ~ t~t ~ 7.1 f~ ~ ~ed ~ ~31 ~l~d ~ ~e West fe~ ~ Tr~ 37. ~ E~es Un~ ~o. 35. All. Imeres~ P~les ~e ?nv~ ~ ~en~ to reelect ~ ~ o~ ~mlt ~elr ~l~l~s, any, In ~. ~ n~l~ me ~d ~11 n~ a re- ~d ~ ~ ~1~ ~nl~ ~, m~ex ~y ~ e. which rec~d evld~e. ~ ~lch COUNTY COMMISSIO~Rs COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, CLER~ /B~ /S/ ~ ~ Signature of Affiant : S,orn to and Subscribed before me this./'". day of · ' , , ~ PersonaLLy known by me ', ,, , ~1 ~ ~:~ / RESOLUTION NO. RELATING TO PETITION NUMBER V-97-17, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 13t 3 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, tke Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot after-the-fact variance from the required side yard setback of 30 feet to 15 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerninq all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-17 filed by Daniel and Margaret Kelly, with respect to the property hereinafter described as: West 150 feet of Tract 37, Golden Gate Estates Unit No. 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 15-foot after-the-fact variance from the required side yard setback of 30 feet to 15 feet as shown on the the attached plot plan, Exhibit "A", of the "E" Estates zoning district wherein said property is located, subject to the following conditions: The variance is only for the 15 foot encroachment for the shed depicted on the attached site plan. BE IT RESOLVED that this Resolution relating to Petition Number V-97-17 be recorded in the minutes o~ this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of~ ' 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BAR~3~R~ g. BERRY, Ch~iTi~\ Approved as to Form and Legal Sufficiency: Marjo~-ie M. Student Assistant County Attorney f/ V-97-I7 RESOLUTiO:; -2- SKETCH OF BOUNDARY SURVEY EXHiBiT - I ....... ..... . . ----?;:gr. ':~:~ ,./ /7'/', . iT, A~ NOTE' Av~'. ~. vv 16A-2 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THiS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ,~ day of .~~.,,~. ,199a/~ between The Club Estates, L.C., hereina~er referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board'". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as: The Club Estates 2. Division 3.2 of the Collier County Unified Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereina~er set forth, Developer and the Board do hereby covenant and agree as follows: l. Developer will cause to be constructed: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording ~id subdivision plat and the Board of County Commissioners shall not approve the plat for recording until ~id improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of' $70,600.00 which represents 10% of the total contract cost~ to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve ~ihe subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement i of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services' Director. shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith speci$4ng those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year ~er preliminary approval by the Development Services Director. After the one year maintenance period 16A-2_ by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Developmet~t Services Director or his designee shall inspect the improvements, and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. In the event the Developer shall fail or neglect to fulfill its obligations under tfiis Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of' the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 16A-2 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement executed by their duly authorized representatives this .,~,~ day of/:_z~c_ , 199~.' to be Signed, Sealed and Delivered in the presence of' Witness The Club .Estates, LC. By:~) Printed Name Printed Name ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: ~t~'David W, eigel Collier County Attorney 96032Xeon&main.doc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY 16 --2 I. Potable Water System II. Sanitary Sewer System III. Drainage IV. Paving Concrete, Miscellaneous Subtotal Total (rounded to nearest $1,000) 10% of Total (Letter of Credit Amount) $ 92,950.70 $121,479.50 $141,670.50 $349,871.25 $705,971.95 $706,000.00 $ 70,600.00 APP[5~qDI~ A - STANDARD LEO~ DOCUMENTS CONSTRUCTION, MAINTENANCE AND ESCROW AGKEEMENT FOR SUBDMSION IMPROVEMENTS TH/$ AO~ ~r~d im~ this · ~ d~v of ' - ' CO Ty CO mtSStO £RS A. Dcv~lope~ hu, ~imult, tnco~sl with · ~-,,ow~ ~: c,-,:. F-e ,-¥v.y..r -. /,//T' ,.~lled for ~e ~pprov~ by m L _ _The *ulxt/vi ioa will i"clud ......... ' . --' · ~ ~u ~ Site O01~trtl-,: ..... '"~k'~u'~c~¢l~ Wh|C~ ~ -..,-..:---~ ..... j ..... ,~ ~"~a~n~Xl llere4o ~ud illco ...... -e.-.l.,~,:,.~ y lilt I¢.~-,,--, tv, t! ,-- ~ ,, o ,.r-,,,.' ,-,,, ~uca~ ~ limildx:l *^ .' ...... ,-,-~u. I. for ,~u,',~-~ k,, .... ' ~L=, 'wpy OZ · '-' "'ore aescnbext in the Estimaf~ r .r,,o,.,, o~ m~s Agr~ment, tho °R~ired C. ,%ctlon 1.2.6.~.6 sad 3.2.9.1 of the Collier Cou~ Subdivision Code Divls|oa of the U~/fie~ l.~d Development Cod~ rt~lUir~ the Developer to provide appropri~ guaran~ for the comsimcfion slid maluf~n~.~ of R~luired Improvcmcats. D. I..~d~r h~ e~red into a coustructioa lo~ s$'rc~meat with D~v¢lop~r dated ~ 'Con~tmcfion Loan') to ~vnd thc cost of the Required Improvcmea~, (thc _ E, Developer and th.¢ _Boa~l have a:kaow r-sumare of the constructio ..... ~, an~I this amouot repre.~¢nts 110~ of the Developer's eagi"cer'l ·, ,.ua~s mr the Yu~mred Improvements. NOW, 'I'tiEREFORE, in comsJderation of the foregoing prcznisca and mutual covemmts herelnsttcr set forth, Dcvclopcr, tile Board tad the Lender do hereby covenant sad agree ts follows: I. Devclow. r will cau~c thc waier, sewer, roads, drainage sad like facilidee, the ReSulted hnprovements, to be constructed pursuant to specifications that have been approved by the Deve/opment Services Director withio months from thc date of approval of said subdivision plat. . _ 2. Developer her,~by authorizes Le~der to hold pursumat to the terms of this Agreement. m the Construction Loan, in ~crow. 3. I.,cndcr agree~ to hold in e~crow $~ ~--~~' ~ L pursuant to this Agrecment. Leoder m the Construct/on Loao, to be disbursed otdy acknowledges that thi~ Agreemcnt shall not constitute a draw agalnst the Cons~ructlon Loan fund, but that only such funds ts arc e:tuaJly dlsburscd, whether pursuant to this Agreement or provifiot~ of' the Construction Loan, shall accruc interest. 4. Tl~c escrowed fund~ shall be released to the Developer only upon written approval of the Deve. lopment Services Dircctor who 'htll approve the release of the fund~ on deposit not more thsn once ~ month to the Dcveloper, ~.mount~ due tot' work do-,, ~o d~e ~ oa ~e ~a~e ~mpl~o= of ~e ~ muh¥1i~ by ~e ~ve ~e ~I~ of uy ~der of ~cmw~ ~n~ cx'--t ~ ~e ....... ~'~ .... '~ Di~r shall m ~w u a ~v~o~ ~ of m~n~ of ~e R~u~ Zmpmvem~ for ~ mi~mum ~ of on= (1) y~ P~t ~ P~ I0 of ~e ~cnt. ~owcv~, in ~e event ~t ~vclo~r s~nli ~[ to ~mply ~cn~ ot ~z ~m~, ~en ~ ~d~ ~ m ~y m ~c ~un~ imm~i~ly u~n ~emand ~e ~lan~ of · e ~ ~d ~ ~mw by ~e ~nder, ~ of ~c ~ of ~e ~m~d, pmvid~ ~nt u~a ~ym~ of such ~un~, ~e ~un~ ~I1 barn ~ ~d dclive~ m ~ ~d~ in exchange for such ~a~ a ~ment - ~e ~, or i~ au~oH~ nlent, ~11 ~mpl~ ~e wo~ caIl~ for und~ ~e ~s of ~q a~ve- mentio~ ~n~ or ~11 ~mple~ such ~on of such ~ ~ ~e C~n~, in iu sole disc~i0n ~ n~s~ ~ ~e public in~t ~ ~e exit of ~e ~n~ ~en held in ~w; (c) ~e ~mw ~n~ d~ do~ by ~e ~un~ ~h~ ~ u~ for ~tmction of ~e ~ui~ ~~, le~ ~d ~nti~ent ~s~ a~ ~, ~d m offset any ~ag:, ei~er ~t or ~u~, wMch ~e ~un~ may susan on ~unt of ~e ~lure of ~e ~v~o~ ~ ~ ~t and ~ ~e ~ve-m~o~ ~v~opm~t wo~; ~, ~e ~u~ ~ p~mptly ~y ~ ~e ~n~ ':y ~on of ~e ~n~ dm~ do~ s~ not ex~d~ in ~lmlon of ~e :id developm~t wo~. 5. Wg~n nog~ ~ ~e ~nder by ~e ~ s~i~ ~a~ ~oun~ are to ~ ~d ~ ~e ~v~o~r shgl ~ns~ au~o~on by ~e ~un~ ~ ~e ~nder for ~I~ of ~e ~ifi~ ~n~ ~ ~e ~elo~r. Payment ~:d~ ~ ~e ~vgo~ of ~e amoua~ ~ifi~ in a l~ of au~o~on by ~e ~un~ to ~e ~der sh~! a ml~ by ae ~:n~ and ~velo~r of ~e ~nd:r for ~e ~n~ disbu~ in ~r~ ~ ~e I~r of · u~O~ion ~m ~e ~u~. 6. ~e ~ Impmv~en~ ~ ~t ~ ~ide~ ~mpl~ unel a s~ment of subs~tig ~mpl~on by ~vdo~r's ~ ~on~ ~ ~e ~ pmj~t ~ hive ~n ~sb~ ~ ~ mvi~ n~ ~mv~ bY ~vdopm:t ~i~ D~or for ~mp~ ~a ~e ~Ri~ Coun~ Su~sion ~ ~e ~v~opme:t ~i~ D~r sh~l, wi~in s~ (~) ~ys of ~lpt of ~e student of ~mpl~on, ei~er: ~) notI~ ~e ~velo~r in ~ting of his p~imi,~ approval of ~e ~pmv~en~; or b) noti~ ~v~o~r ~ wdl~ of ~s ~ ~ approve ~e improvement, ~e~i~ s~i~in~ ~ose ~ndlgo~ ~ich ~velo~ mum ~I ~ o~ ~ ob~in ~e ~or of ~e R~i~ Improvement. Hoover, in no event shall ~e ~velopment ~i~ Dinar ~e pmlim~ appm~ of ~e impmvemen~ if ~cy am in ~t ~m~c~ ~d sub~ for ~mvg in ~n~ ~ ~e ~uir~en~ of ~is A~r~ment. 8. Should ~e ~n~ h~d in ~ ~ ~ufficient ~ ~mpl~ ~e R~uir~ Improvement, ~e ~nrd, duly ~nsi~g ~e ~bUc ~t, may at i~ option ~mpl~ ~e R~ui~ ~pmvemeo~ ~d ~o~ ~ ~y and all legal ~m~i~ against ~e ~velo~. Pa~e 2 of 3 i IL$O "'ILL[~ ...................... 9. No0fin[ in this Al~xement shsli mtvn th6 Lender liable for ~ny funds o~er ~ ~o~ p[~ in ~it by ~v~opme~ ~ D~or. ~ ~e one y~ m~~ ~ by ~e ~vclo~ ~d u~n ~bmizsioa of m Bar~ard B. B~:c~y, ~i~n David'C; We~gei, COuahx Attorney | I 'l I '~s'(~l ! 0001. }4~tl Page 3 of 3 16A-4 Date: To: From: Re: February 26, 1998 Kevin Dugan, Senior Environmental Specialist Natural Resources Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Florida Department of Environmental Protection Artificial Fishing Reef Program 1998-99 Fiscal Year Enclosed please find the original document as referenced above, Agenda Item #16A4, as approved by the Board of County Commissioners on February, 1998. Kindly forward the application to the Department of Environmental Protection. Thank you. Enclosure ,FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIViSiON OF MARINE RESOURCES ARTIFICIAL REEF PROGRAM ]. 6 A - 4 '1998-99 FISCAL YEAR Construction Grant Application I, Applicant Identification; Date received by DEP Applicant's Name Collier Count~/ Artificial Reef Proj~ram · Mailing Address of Applicant Natural Resources Department 3301 East Tamiami Trail Naples, Florida 34112 Street Address of Applicant Mailing Address for Reimbursement Check (if different than above) Name of Reef Coordinator Kev in H. Du~an FAX (941) 774-9222 Telephone (94 I) 732-2505 e_mail nfn05165@naples.net Name of Contract Manager (if different than Coordinator) Federal Employer ID Number FAX ( ), 59-6000558 e_mail Telephone( ), II. Project Site Description; Name of Specific Reef Project Name of Permitted Site Marco Island Five Mile Reef Caxambas Pass 5 Mile Reef Name of Permit Holder (if different than applicant), Permitted Site is located in: State waters U.S. Army Corps of Engineers Permit No. State Permit No. for Reef Construction State Submerged Lands Consent Letter No. X Federal waters Both 199505605 Expiry Date 7/30/00 (Must be valid until 06130/@9) 1127566,5,5 Expiry Date_ 7/28/00 112756655 Expiry Date 7/28/00 e dix co sists ora d win oft e e 'tt d s't 'c contai sthe ol owin lnfor ation' 1. Compass rose 2. Scale 3. Name of permitted site 4. Dimensions (in feet) of the permitted site (length/width for polygons, radius for circular sites) 5. Area of the permitted site in acres and/or square nautical miles 6. Center coordinates in latitude/longitude format 7. Comer coordinates for rectangular, square, and ploygon sites in latitude/longitude format 8. Directional orientation of permitted site 9. If coordinates are mathematically converted from LORAN-C coordinates, the correct Additional Secondar~ Factors for the site.must be used and a copy of the conversion program output also attached . 10. Minimum and maximum water depths for the permitted site 11. All previous deployment in the permitted site and the proposed deployment shall be shown on the drawing with a reference number. 12. A table (on a separate page) which lists by reference number the date, type, amount of materials, and coordinates in latitude/longitude and time delay format for each prior deployment and the propOSed deployment in the permitted site. SEE ATTACHED EXAMPLE Appendix 2 consists of a section of a nautical chart which contains the followinq information- 1. Chart name, chart number, and date of chart. 2. The section must show the coastline adjacent to the proposed deployment location. 3. The bearing and distance (in nautical miles) from a described navigational marker or distinctive topographical feature (mouth of inlet) to the proposed deployment location. SEE ATTACHED EXAMPLE Appendix 3 consists of copies of all applicable artificial reef permits and permit applications III, Project Description; Would you accept a Federal Aid in Sport Fish Restoration Program grant? (Projects MUST BE COMPLETED by June 30, 1999) Amount of Grant Funds Requested Type of Materials Proposed for Deployment Amount of Materials Proposed for Deployment +_ 300 tons YES $ 25,000 Total Project Cost Clean concrete x NO $27,500 Is there a Marine Advisqry Board which provides input on artificial reef issues? '(If yes, please describe in the Appendix 4 narrative - see below) Do you have a long-range artifi~al reel' development planning document? (If yes, provide a copy of the document in Appendix 4) Has 'a bottom survey for the deployment coordinates been accomplished? (if Yes, include a copy of the survey in th Appendix 4 narrative) YES X YES. X YES X "o--L6/t - 4 NO NO /~,ppendix 4 consists of a detailed prolect narrative which outlines; 1. 2. The applicant's objective for the proposed project. The applicant's artificial re-.f c~n.~'uction/monitoring budget (excluding funds from this grant) for 1998 including a d,,esc,dption and amounts of additional funding by funding source. 3. A description of the Marine Advisory Board members and affiliations. 4. A copy of the applicant's Icr,.c.-r~nge planning document (i.t' ava~able) showing the linkage of the prop.osed project to the planning do~ment. ' ' 5. Any specific reef layout or project design details not fully explained in Appendix 1. 6. The bottom survey methccfolo.~ and resul[s. 7. Details on any stability tes"Jng which has occurred for the proposed materials. 8. VVhether the reef material has already been secured or donated (incJuding letter(s) of verification). 9. The specific technique to t:e employed for material placement. 10. A project time line. t IV, Public Demand; No. of Existing A~ificial Reefs in t;'~e County as determined by Separate Deployment ~;oordi'nates 18 No. of Registered Recreational V-..sse!s over 16 feet in length I'0,206 Data Ye~-r 1997 No. of Registered Fis.hing Cha~,__.rl~,'e--d boats 116 Data Ye--r 1997 No. of Saltwater Recreational F~s~,ing L.Jcense Holders: Resident- 1 year 3,01 I Nonr.-sident- 1 year 3~373 Data Year 1997 Appendix 5 consists of cooies of~ maximum of five (5) curren~ (less than 6 months from aoolicatlon date) letter~ and/or petitions demon~r~tino oublic suooort for the specific proiect prooosed for oran~ fundinq, ~,ope'ndix 6 c~nsists of the articles of Incoroor-atton, bylaws, tax status documents for aloplicahts qualifying as nonorofit orqaniz~.tions, and writ'ten authorization for use of the permit'ted site, I certify that the above inl.ormgtic, n and =11 appendices are true and complete !o the best of my knowledge. Local Govemment.~l or Nonprofit Orgs~nization Signatory Authority: Typed Name Barbara B. Berry ~tle, Chairman~ BCC Approved asto form and_legalsufficiency: Tho[as C. Assistant County Attorney Attest 164r5 BILL O~ SALE THIS "AS IS" BILL OF SALE made this. ,~-~-/~ day of , 1998, by COLLIER COUNTY, a political subc{ivision of the State of Flor~whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, ("Grantor"), to THE HALSTATT PARTNERSHIP, a Florida General Partnership, whose address is 2600 Golde~ Gate Parkway, Suite , Naples, Florida 34105, ("Grantee"). WITNESSETH that the Grantor, COLLIER COUNTY, in consideration of the sum of One Dollar ($1.00) to it in hand paid on behalf of Grantee, receipt of which is hereb~t acknowledged, hereby conveys to the Grantee, THE HALSTATT PARTNERSHIP, all of Grantor's rights, title and interests in and to the following described SEWER UTILITY FACILITIES all lying, and being in Collier County, Florida: ALL SEWER UTILITY FACILITIES THAT WERE CONVEYED by The Halstatt partnership TO THE GRANTOR (COLLIER COUNTY) (therein referred to as THE BOAR~, OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNINg} BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT - by that Utility Facilities Warranty Deed recorded at Book 2301, Page 1362 through Page 1375, inclusive, Public Records of Collier County, less and except the facilities located on Exhibit "A", attached hereto. THIS BILL OF SALE DOES NOT CONVEY ANY INTEREST IN ANY WATER FACILITIES. Grantor makes no warranties. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman (or Vice Chairman) of said Board, the day and year aforesaid· ATTEST: DWIGHT E. BROCK, Clerk (~, Dept~ty C~xk ' Approved as to form and legal sufficiency: ~C~P~al~Jr, ~~ Assistant County Attorney BOARD OF COUNTY COMMISSI01qERS COLLIER COUNTY, F .I.g)RIDA, AS TH~'.. GOVERNING BODY.:? OF COLLIER COUNTY AND AS ~.X-OFFICIO THE GOVERNING BOARIi.~DF THE COLLIER COUNTY WATER-SEi~/ER DISTRICT BAR~RA Bi ~RR-'~, Chm"~an~ STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared BARBARA B. BERRY, Chairman of The Board of County Commissioners of Collier County, Florida, who is .-?r.~onally known to me or has produced as identification and she acknowledged under oath executing the foregoing in my presence. WITNESS my ,hand and official seal in the County and State last aforesaid ~ day of February, 1998. Printed Name My Commission expires: k mh Ic~n~ ~ r~ra~.s'~:orFc~, do~: %billSa] e 2 LEGAL DRSCRIPTION PROPERTY NOT rNCLUDf:_r~ IN RE-CON~EYANCft That certain real property designated C.U.E., U.t!., D.E. and/or M.It., and dedicated to O_.ollier County and\or Collier County Water-Scwer District, Tract R, Grey Oaks Unit Nine, according to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive, of the Public Rc. cords of Collier County, Florida. That certain real propel-ty designated C.U.13., U. Ig., D.E. and/or M.E., and dedicatr, d to Collier County and\or Collier County Water-Sewer District, Tract R, Grey Oaks Unit l!!even, according to the Plat thereof, recorded in Plat Book 28, Pages 415 and ,i6, inclusive, of the Public Records of Collier County, Florida. That certain r~al property designated C.U.E., U.It., D.E. and/or M.E., and dodicat~d to Collier County and~or Collier county Water-Sewer District, Tract B, C,r~y Oaks Unit Six, accordihg to the Plat thercof, recorded in Plat Book 2'/, Pages '78 and '79, inclusive, of the Public Records of' Collier County, Florida. '~ That certain real property designated C.U.R., U.E., D.B. and/or M.E. and dedicated to Collier Connty and\or Collier County Water-Sewer District on the followlng Plats in Grey Oaks rt..corded in the Public Rex:ord., of Collier County, Plorida as follows: 1. Grey Oaks Unit One according to the Plat thereof recorded in Plat Book 19, Page 23. 2. Grey Oaks Unit Two according to thc Plat thereof recorded in Plat Book 19, Page 37. 3. Gr~y Oaks Unit Three according to the Plat thereof recorded in Plat Book 20, Page 30. 4. Grey Oaks Unit Pour according to the Plat thereof recorded in Plat Book 21, Page 34. 5. Grey Oaks Unit Five according to the Plat thereof recorded in Plat Book 23, Page 2(;. 6. Grey Oaks Unit Seven according to the Plat thereof recorded in Plat Book 24, Page 85. 8. Grey Oaks Unit Eight according to thc Plat thereof recorded in Plat Book 24, Page 87. This Deed prepared by: THOMAS C. PALMER Assistant County Attorney 3301 Tamiami Trail East Naples, Florida 34112 (941) 774-8400 16A-5 QUIT-CLAIM DEED This DEED, executed by COLLIER COUNTY ("GRANTOR") this ~ day .,of February, 1998. Grantor is a political subdivision of the State of Florida./ Grantor s mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. The "GRANTEE" is the HALSTATT PARTNERSHIP, a Florida General Partnership. Grantee's mailing address is 2600 Golden Gate Parkway, Suite 115, Naples, Florida 34105. "Grantor" and "Grantee" include each party's successors and assigns. WITNESSETH: GRANTOR, in consideration of One and 00/100 Dollars ($1.00) to it in hand paid on behalf of GRANTEE, receipt of which is hereby acknowledged, hereby QUIT-CLAIMS to the GRANTEE all of GRANTOR'S rights, title and interests in and to the following described SEWER UTILITY FACILITIES lying and being in Collier County: All SEWER UTILITY FACILITIES that were conveyed by the Halstatt Partnership to GRANTOR by that utility facilities warranty deed recorded at Book 2301, Page 1376 through Page 1388, inclusive, public records of Collier County, less and except the facilities located on Exhibit "A", attached hereto. This deed cohveys only sewer utility facilities and not any water facilities. IN WITNESS WHEREOF, GRANTOR has caused this DEED to be executed in its name by its Board of County Commissioners acting through its Chairman (or Vice Chairman) the day and year specified in the first paragraph, above. ATTEST: DWIGHT E. BROCK, Clerk Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,..FEOR]~(?,~S THE GOVERNING BODY OF COLLIER> COUNTY AND AS.;.Ex-OFFICIO THE';-.. GOVERNING BOARD OF THE COLLIE.~, COUNTY WATER-S~WER DISTRICT, i'. il ;'. I I I Ill I III I STATE OF FLORIDA COUNTY OF COLLIER SS, 16A-5 I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared BARBARA B. BERRY, Chairman of The Board of County Commissioners of Collier County, Florida, who is,_p_~rsonally known..tj3 me or has produced.__'.as identification and she acknowledged under oath executing the foregoing in my presence. WITNESS my hand and official seal in the County and State last aforesaid this ~/-~ day of February, 1998. t ~otD~ Publ~ ~ignature - Printed Name My Commission expires: (seal) kat h~een~greyoak=~co~rect .dot,quit clam.ded LBGAL DRSCRIPTION PROPERTY NOT INCLUDtK) IN RE-CONVEYANCi~ That certain re~[ property denign~ted C.U.E., U.E., D.~-. and/or M.E., and dedicated to Collier County an~or Collier County Water-Sewer District, Tract R, Grey Oaks Unit Nine, according to thc Plat'thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive, of the IAtblic Records of Collier County, Florida. That certain real property designated C.U.E., U.H., D.E. and/or M.E., and dedicated to Collier County and\or Collier County Water-Sewer District, Tract R, Grey Oaks Unit Rleven, according to the Plat thereof, recorded in Plat Book 28, Pages 45 nmi 46, inclusive, of the lPt~blic Records of Collier County, Florida. That certain re~l prope~y clesignated C.U.F.., U.R., D.E. and/or M.E., and dedicated to Collier County and\or CoLlier county Water-Sewer District, Tract 13, Grey Oaks Unit Six, according to thc Plat thereof, recorded in Plat Book 27, Pages 78 and 79, inclusive, of the Public Records of' Collier County, Florida. That certain re. al property designated C.U.E., U.E., D.lnt. and/or M.E. and dedicated to Collier County and\or Collier County Water-Sewer District on the foUowlng Plats in Grey Oaks recorded in the Public Records of Collier County, Florida az fot/ows: I. Grey Oaks Unit One according to the Plat thereof recorded in Plat Book 19, Page 23. 2. Grey Oaks Unit Two according to the Plat thereof recorded in Plat Book 19, Page 37. 3. Grey Oaks Unit Three according to the Plat thereof recorded in Plat Book 20, Page 30. 4. Gray Oaks Unit Four according to thc Plat thereof recorded in Ph~t Book 21, Page 34. 5. Grey Oaks Unit Five according to the Plat thereof recorded in Plat Book 23, page 26. 6. Gray Oaks Unit Seven according to Ihe Plat thereof recorded in Plat Book 24, Page 85. 8. Grey Oaks Unit Eight according to tim Plat thereof recorded in Pint 13ook 24, Page 87. RESOLUTION.NO. 98- 44 RESOLUTION ADOPTING THE GOLDEN GATE 168-2. COMMUNITY ROADWAY BEAUTIFICATION MASTER PLAN AND ACCEPTING MAINTENANCE RESPONSIBILITY FOR THE LANDSCAPING WITHIN THE MEDIAN OF GOLDEN GATE PARKWAY FROM SANTA BARBARA BOULEVARD EAST TO COUNTY ROAD 951. WHEREAS, thc Board of County Comn~issioners ot' Collier County, Florida (hereinafter referred to as "Board"), adopted Resolution No. 96-589 which adopted thc Collier Counly Streetscape Master Plan for the major public rights-of-way in the urban area of Collier County in partnership with Collier/Naplcscape '90's, a private non-profit State of Florida Corporation; and WHEREAS, the Collier County Streetscapc Master Plan, as adopted, included only unidentified specific locations of County Road (C.R.) 951 (between S.R. 84 and Golden Gate Parkway), in the Five Year Capital Improvement Program and did not include any other Golden Gate MSTU Community Roadways such as C.R. 951 from Golden Gate Canal to Green Boulevard, and Santa Barbara Boulevard from Golden Gate Canal to Green Boulevard in thc Fifteen Year Capital Improvement Program; and WHEREAS, Collier County and the Golden Gate Beautification MSTU Advisory Committee (hereinafter referred to as "Committee") requested that the MSTU Landscape Consultant prepare a Master Plan for the Golden Gate Community; and WHEREAS, the Board received and reviewed a submission of the Golden Gate Commanlty Roadway Beautification Master Plan at its meeting of May 27,1997; and WHEREAS, said Master Plan may be considered an overlay design document for thc Golden Gate Community within Collier County, providing a plan for the Committee and the Golden Gate Community in proceeding with the present and future landscape roadway corridor's consistency with the Master Plan throughout Golden Gate within the public rights-of-way; and WHEREAS, the Committee addressed the following elements of thc Master Plan: Goals and Objectives, Site Inventory and Analysis, Concept Development, Written and Graphic Guidelines to Assist in the Community's Roadway Beautification Efforts, and Cost Budgeting and lmplcmcnlation Phasing; and WHEREAS, on May 27, 1997, the Board directed the preparation of this Resolution adopting the attached Golden Gate Community Roadway Bcautific:~lion Master Plan in order to incorporate it by rcl'crcncc into thc Collier County Land Development Code (LDC), and to update thc Collier County Strcctscape Master Plan to include thc same. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Thc Board hereby adopts thc Goldcn Gate Community Roadway Beautification Master Plan, attached hereto as Exhibit A, with thc intention to implement same. A. Thc Board hereby dirccts thc County Current Planning Staff to prepare an amendment to the Collier County LDC to incorporate thc Golden Gate Community Roadway Beautification Master Plan into thc Collier County Strcctscapc Master Plan which is currently adopted by Resolution No. 96-589 and rcfcrcnce same in thc LDC in thc next available amendment cycle, and for County Current Planning Staff to administer said plan to thc extent possible for all project applications occurring within the applicable Master Plan boundary. B. The Board hereby accepts thc maintenance responsibility as it relates to landscaping within the median of Golden Gate Parkway from Santa Barbara Boulevard East to C.R. 951. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Donethis .-..-,- dayof , '~.,'.~ ....... ,. ,-~ ,1998. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk t/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA'I~BAR~A I~.'BER~-Y, Ch'h~X~ -- Approved as to form and legal sufficiency: Marjorio-M. Student Assistant County Attorney mk701149~/G: Crmque GG(' Beaut Master Plan doc llt,1177.107.'.~5;,,' 2/ 2 LEGAL DESCRIPTION PROPERTY NOT INCLUDED IN RE-CONVEYANCIt 16a-Z That cer~,,in ~ property desiguat~i C.U.E., U.E., D.A. and/or M.E., and dedicatexl to Collier County and\or Collier County Water-Sewer District, Tract R, Grey Oak~ Unit Nine, accon:ling to the Plat thereof, recorded in Plat Book 28, Pages 22 through 26, inclusive, of the IAflflic Records of Collier County, Florida. AND That certain real property designated C.U.E., U.E., D.E. and/or M.E., and dedicated to Collier County and\or Collier County Water-Sewer District, Tract R, Grey Oaks Unit Eleven, ax:cording to the Plat thereof, recorded in Plat Book 28, Pages 45 ami ~t6, inclusive, of the Public Records of Collier County, Florida. That certain real property designated C.U.E., U.E., D.E. and/or M.E., and dedicated to Collier County and\or Collier county Water-Sewer District, Tract B, Grey Oaks Unit Six, according to the Plat thereof, recorded in Plat Book 27, Pages 78 and 79, inclusive, of the Public Records of Colhcr County, Florida. " AND That certain re. al property designated C.U.E., U.E., DAn.. and/or M.E. and dedicated to Collier County and\or Collier County Water-Sewer District on the foUowlng Plats in Grey Oaks recorded in the Public Records of Collier County, Florida as foUows: 2. 3. 4. 5. 6. 8. Grey Grey Grey Oaks Unit One according to the Plat thereof recorded in Plat Book 19, Page 23. Oaks Unit Two according to the Plat thereof recorded in Plat Book 19, Page 37. Oaks Unit Three according to the Plat thereof recorded in Plat Book 20, Page 30. Grey Oaks Unit Four according to the Plat thereof recorded in Plat Book 21, Page 34. Grey Oaks Unit Five according to the Plat thereof recorded in Plat Book :23, Page 26. Grey Oaks Unit Seven according to the Plat thereof recorded in Plat Book 2,t, Page 85. Grey Oak,~ Unit Eight according to the Plat thereof recorded in Plat Book 24, Page 87. RESOLUTION 08- 45 A RESOLUTION OF Tile BOARD OF COUNTY COMMISSIONERS OF COI.I.IER COUNTY, FI,ORIDA, AUTtlORIZING TIlE COUNTY TO ENTER INTO A JOINT PARTICIPATION AGREEMENT BETWEEN COI.LIER COUNTY AND TIlE FI.ORIDA DEPARTMENT OF TRANSPORTATION FOR TIlE FURNIStllNG AND INSTAl. LING OF STREETI.IGllTING AS PART OF TIlE IMMOKALEE STREETSCAPE BEAUTIFICATION PROJECT. WHEREAS, the Board of County Commissioners desires that the County participate in the beautification of SR 29 by installing strectlighting between mile post 37.326 and mile post 37.828; and WHEREAS, the Board of County Commissioners intends by adoption of this Resolution to authorize the County to enter into a joint project with Florida Department o£ Transportation for the installation of streetlighting on SR 29. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. A Joint Participation Agreement for 03080-1501 is hereby approved. 2. Barbara B. Berry, as Chairman, is authorized to execute the Joint Participation Agreement between Collier County and the Florida Department of Transportation. ADOPTED by the Board of_County Commissioners of Collier County at regular mccting assembled this '" day of . '/~ ....... ,..., 1998. ATTEST / DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi F. Ashton f:/Rcsolutions/Irnmokalec Strcctscapc Bcaunficatit)n Project TRAFFIC OI~RATION$ JOINT PARTICIPATION AGREI~'IENT WPI No: 1114184 Job No: 03080-1501 Fund: SAMAS Approp: Function: SAMAS Obj.: Federal No: Org. Code: Contract No: Vendor No.: THIS AGREEMENT, made and entered into this day of ,19 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the Suate of Florida, hereinafter referred to as the Department, and Collier County_. 3301 E. Tamiami Trail_ Naples_ Florida 34112.: hereinafter referred to as the Agency. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of ~ppropriate jurisdiction including the implementation of an integrated and bahneed transportation system and is authorized under Section 334.044 ., Flor;~ Statutes, to enter in~ this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the partie~ agree as follows: 1.00 Purpose of Agreement: To provide Department participation in the furnishing and installing of streetlighting as part of a Streetscape Beautification Project within Immokalee urban area on SR 29 between milepost 37.326.and milepost 37.828. and as further described in Exhibit(s) A~B&C anacbed hereto and by this reference made a part hereof, hereinafter referred to as the project, and to prmtide Departmen~ fimm4al assistance to the Agency and state the term~ and conditions upon which. such assistance will be prm4ded and the undermndi~ as to the manner in which the project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, SLate, and Local Law: In the event that any election, referendum, approval, permit. notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undemke the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, ali actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall ini~te and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the 19epa~u~ent such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. ~ 3.00 Project Cost: The total estimated cost of the project is $178.000. This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. ,~ 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $100.000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Deparmaent's appropriation request in the work program year that the project is schedul .ed to be commi~d; Co) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of Agreement: (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (xx) (is not) applicable. If applica~)le, the Depatlxnent may initially pay, 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph' 4.00. · 5.00 Re~ainage: Retainage (xx) (~ no0 applicable. If applicable, N/A percent of the Department's' total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall l~e effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Depa~hnent Comptroller. 6.20 Payment Provisiom: Unless otherwise allowed under paragraph 4.:20. payment w/Il begin in the ye~' Me project' or project phase is scheduled in the work program as of the date of the agreement'. Payment will be made for actual costs incurred as of the date the invoice is submit~d with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and 'Principles for State and Local Governments", separate accounts to be main~ within its existing accoun~'tg system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shal! ~be made available to the Department upon request any time during the period of the Agreement and for five years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in Re project account, and deposit in a bank or wust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of ~e project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds inexcess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State l~w for the security of public funds, or as approved by the Depa~uaent. ~ 7.30 Costs Incun~ for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or.;vouchers evidencing in proper deMI the nature and propriety of the charges. ~i 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable agaim't the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency sta~ng in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in pan to the project shall bc clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which the project account remains open, two audit repons prepared either by its official auditor or audit agency or an independent cer'dfied public accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the "Standards for Audit of Governmental Organizations, Programs, Activities and Functions", issued by the U. S. General Accounting Of-rice and OMB Circulates A-128 or A-133 where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance as described in Exhibit "A", Special Considerations. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will main~n the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accidem or casualty for ~e useful life of such equipment or facilities. In the event of the loss of such equipment ct facilities, ~ Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interestlin the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure, the Department may waive or modi~ t~is section with an Exhibit "C". 188- 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Dep~tment of Transpomtion, District I . Traffic Operations Office, B~mw Florida, 33830 its requisition on a form or forms Prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. . 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail~' sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061/F.S. The Depa~u~ient may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. I 8. L3 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, :and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal flaws, rules and procedures required by any federal oversi~t agency and with all state laws, rules and !procedures that may apply to the Agency acquiring the real property. 8.20 The ~t's Obligatiom: Subject to other provisions hereof, the Department will honor such ~quisitions in amounts and at times deemed by thc Department to be proper to ensure thc carrying out of thc project and payment of thc eligible coas. However, notwithsmxfing any other provision of this Agrccmcnt~ thc Department may elect by notiC~ in writing not to make a payment on the project if: 8.21 Misrepresen!ntJon: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or dat~ furnished therewith or pursuant hereto: 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to thc project which, under this agreement, requires the approval of the Department or has made related expenditures or incui'red related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provmo~ contained herein; or 8.25 Default: The Agency has been determined by the Dcpartmem to be in default under any of the provisions of the Agreement. 8.26 Federal Partidpalioo (Il' Applicable): Any federal agency providing federal financial assistance to the project suspends or terminals federal fuancial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Depa~uuent for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective ant= of this Agreement, costs which are not provided for in the lau:st approved b,_~d~t for the projec~ and costs attribut3ble to goods or services received under a con,ct or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Deparunent may offset such amount from payments due for work or services done under any joint participation agreement which it has with the Agency owing such amount~ if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts sh,~ll not be considered a br~ach of contract by the Depa,u,ent 9.1)0 Terminmion or Suspension of Project: 9.10 Termimlio~ or Suspensien Generally: If thc Agency abandons or, before completion, finally discontinues thc project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the conunencemcnt, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible. impossible, or illegal, the Department will, by wri~n notice to the Agency, suspend any or all of ~ts obhgauons .tinder this Agreement until such time as the event or condition resulting in such suspension has ceased or been correcte~l, or the Department may terminat~ any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or susp~on nodce under ~ paragraph, the Agency sh~ll proceed prompdy to carry out the actions required therein which m~y include any or all of the following: (I) necessary action to terminam or suspend, as the cas~ may be, project a~zfivities ~ contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and cona,-acts, and other u.,xlevnldngs the co~ of which arc otherwise includable as project costs: and (3) remit to the Deparuncnt such por~o~ of the financing and any advance payment previously received as is determined by the Department to be due under the provim'om of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan. and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remimmce by the Agency or the closing out of federal financial participation in the projecf shall not constitut~ a waiver of any claim which the Depa,'unent may otherwise have arising out of this Agreement.l! 9.12 Thc Department reserves thc right to unilaterally cancel this Agreement for refusal by the cont~actorl or Agency ~o allow public access to all documents, papers, le~rs, or other material subject to the provisions o~' Chapter i 19, Florida Statutes and made or received in conjunction with this Agreement. 10.00 R~nisslon of Project Ac_~_ nt Upon Completion of Project: Upon ~:ompletion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from thc project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. IL00 Amiit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except az otherwise authorized in writing by the Department, the Agenc~ shall not execute any comract or obligate itself in any manner requiring the disbursement of Depar~nent joint parficipapPn funds, including co~t, conswuction or purchase of commodities contracts or amendments thereto, with any ~hird ~ with respect to the projcc~ without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Depaiuaent specifically reserves unto itself the right to review the n,. ~,!!fications of any consuhant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is ~ and agreed by the parties hereto that participation by the Dep~.-i~-,ent in a project with ~ Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287. Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department,, the Agency will involve the Department in the Consultant Selection Process for all contracts. In ali cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise Il)BE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as~efined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participat~ in the perforrn~co oK contracts fmanc~ in whole or in part with Depaxtment funds under ds Agreement. The DBE requirements of 49 CFR Part 23,, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and ~is Agreement. In this regard, all recipients, and contractors shall take all~ necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Deparanent assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will mice affirmative action to ensure that applicants are employed, and that employees are treated during e~ployment; without regard to their race, age, Creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or Iransfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials; and shall require all such contractors to insert a similar provision in: all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or sim|lnr work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a ce,-'tification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 statute 252), the Regulations of the Federal Depa~hnent of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIH - Civ~ Rights Act of 1968: Execution of this Joint Participation Agreement constitutes ~ c~rtification ~bat the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 V~.C 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion' sex, disability and familial status. 13.40 Amerlcam with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.!;0 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcon~rJct, or a.,Tan~ment in connection with the project or any property included or plumed to be included in the project, in which any member, officer, or employee of th~: Agency during his tenure or for two years thereafter h~ any interest, direct or indirect. If any such present or former meml:er, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approve! of the Deparlment, may waive the prohibition contained in this subsection: Provided, that ~y su~ present member, officer or employee shall not participate in any action by the. Agency relating to such contract, subcontract, or arrangement. The Agency shall inser~ in ali contracLs entered into in connection with the project or any proper~y ir~cluded or planned to be included in any project, and shall require ils contractors to insert in each of their subconlracts, the following provision: "No member, officer, or employee of the Agency during his ~enure or for two years thereafter shall have any interest, direct or indirect, in tJxis contract or the proceeds thereof." T~e provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest o1' Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or pan of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Parlicipation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with ali applicable environmental regulations including thel securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compli~ce with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: any party other than the Agency. The Department shall not be obligated or liable he6:under to 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of an~ payment 1o the Agency constitute or be construed as a waiver by the Deparunent of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available lo the Department with respect to such breach ~r default. 14.40 l~ow Agreement Is Affec~cl by Provisions Being field Invalid: If any provision of lhis Agreement is herd invalid, the remainder of tlYs Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. ' 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid ~!, also, agrees not to pay, any bonus or commission for the purpose of ob~aing an approval of its application for the financing hereunder. 14.60 Sta~e or Territm~ Law: Nothing in the Agreement shall require the Agency to observe or enforce cgmphance with any provision thereof, perform any other act or do any other fl~ng in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify ~he Department in writing in order that appropriate ~s and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.'70 Use and Maintenance of Projec~ Facilities and Equipment: The Agency agrees that the project fac. 'ties and equipment will be used by the Agency to provide or support traffic operations for the period of the useful life of au ?~acilities and equipment aa determined in accordance with general accounting principles and approved by the Department. ~_Tl~e.~gency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventorie~ and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: if the Agency disposes of any project facility or equipment during its useful life for any purpose except its replncement with ~ facility or equipment for traffic operations use. th,~ Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said propor~ior~l amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Con~ Indmmit~: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any mime whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes or any similar provision of law. Agency's obligation to indemnify, defend, and pay for the defense or at the Depa~u,ent's option, to participate and associate with the Depa~'u,ent in the defense and trial of any damage claim suit and any related settlement negotiations, shall be triggered by the Departmem's notice of claim for indemnification to Agency. Agency's inability to evaluate liability or its evaluation of liability shall not excuse Agency's duty to defend and indemnify within seven days after such notice by the Depanmem is given by regi~red mail. Only and adjudication or judgmem after highest appeal is exhaus~d specifically finding the Depaxunent negligent shall excuse performance of this provision by Agency. Agency shall pay all costs arxt fees related to this obligation and its enforcement by the Depaiuuent. Department's failure to notify Agency of a claim shall at release Agency of the above duty to defend. 15.00 Plans and Specif'~: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Deparlment for approval all appropriate i plans and specifications coveting the project. The Department will review all plans and specifications and will issue to the Agency wri~n approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this wri~n approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8~23. 16.00 Project Completion, Agency Certificat_ion: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agen~ facility, that adequate tide is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon!an annual appropriation by the Legislature. 17.20 Multi-Year Conani~t: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any riscai year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or wri~n, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of conwacts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and Ibis paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 2.~,000 dollars and which have a term for a period of more than I year." 18.00 Exp~ ol' Agreement: The Agency agreea to complet~ the project on ~io.~,_.~L_Lq~_. If the Agency does not complete ~fie project within ~ time period, this Agreement will expire unles~ an extension of the time period is ,~quested by the Agency and granted in writing by the District Secretary; Dis~ct One. Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be i~tiated. 18.10 lrmal Invoice: The Agency must submit the final invoice on th~s project to the Department within 30 days after the expiration of this Agreement. Invoices submitted after the 30 day time period will not be paid. 19.00 Agreement Fornu~: All words used herein in the singtdar form shall extend to and include th*,, plural. Ail words used in the plural form shall extend to and include the singulzx. All words used in any gender shall extend to and include ail genders. ~ 20.00 Execution ot' Agreen~t: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one inithe same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or {r, empting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with ds Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for ail subawards :at ail tiers ('including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that ail subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. , 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and servlces, lo the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days!to respect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. 'I'~ e 20 days are meamred from the latter of the date the invoice is received or the goods or services are received, inspected and!approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)Co) will be due and payable, in addiffon to the invoice amount to the Agency. The interest penalty provision applies after a 35 day 6m¢ period to health care providers, as defined by nde. In, rest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly comple~d invoice is provided lo the Department. A Vendor Ombudsman has been established within the Depar~nent of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contact~cl at (904)488-2924 or by ,-~nlng the Sate Comptroller's Hotline, 1-800- 848-3792. 23.00 Public Entity Crime: Pursuant ua 287.133(3)(a)F.S. the following is applicable to this agreement. 287.133(2Xa) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract ~o provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the consu'uction or repair of a public building or public work, may not submit bids on 1eases of real property ua a pubLic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, et consultant unclet a contract with any public entity, and may not u'ansact business with any public entity in excess of the threshold amount pn~vidod in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ' WP! NO. 1114184 JOB NO. 03080-1501 Contract No. Agreement Date IN WITNESS WHEREOF, the pa~ties hereto have caused these presents be executed, the day azxl year first above written. COLLIER COUNTY, FLORIDA DATE FUNDING APPROVED BY COMPTROLLER (SEE ATFACHED ENCUMBRANCE FORM) BY: , .'Barbara B. Berry .' (T~£O NA~S) '.TIT]E: Chairmafo." Board o~.-County Uommzsszoners -' A~~r .'County, Florida ~ D~zGHr E'. BROCK, CLERK APPROVED AS TO FORM, LEGALITY ATTORNEY (DATE) DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY (DATE) Approv~ as to for~ & 1,eg~ll suffic':er?: '- Assist. ant ~l~ounty Attorno)' ATTEST: EXE~ SECRETARY OR NOTARY JOB NO. -~ , CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Coll~e~ County. Florida dated PROJECT LOCATION~ Immokalee, Collier County Florida PROJECT DESC~IPTION~The work includes design, construction and construction engineering inspection services for the furnishing and installation of ~street lighting as part of a streetscape beautification project (State Project No. 03906-9071) within In~nokalee urban area on SR 29 between M.P. 37.326 and M.P. 37.828 (roadway section number 03080). ADDITIONAL RESPONSIBILITIES OF THE PARTIES~ 1. The County shall be responsible for the design and construction of the project. Ail work on the lighting system is to be done under a general purpos~ permit according to the plans and specifications of the Department, which pla~ and specifications are, by this reference, made a part hereof. 2. The County, upon completion of the lighting project assumes sole responsibility for the maintenance of said lighting system. The County furthel agrees to be responsible for the payment of all costs for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 3. The County shall not, under any condition, remove the equipment which is th, subject matter of this Agreement for any reason without the prior written consent of the Department. 4. The Department shall provide, through its Naples Maintenance Office, construction engineering inspection (CEI) services for the project. 5. Ail notices under this Agreement shall be directed as follows: TO DEPARTMENT John Vliet, Maintenance Engineer Florida Department of Transportation 4800 Davis Boulevard Naples, Florida 34104 TO COUNTY Joseph F. Delate, Project Public Works Division Collier County 3301 E. Tamiami Trail Naples, Florida 34112 M~ager Page i of i 168-4 WPI N0.1114184 JOB N0.03080-1501 CONTRACTN0. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County. Florida dated 1. PROJECT COST: $ 178,000 11. TOTAL PROJECT COST: PARTICIPATION; Maximum Federal Participation FTA, FAA Agency Participation In-Kind Cash Other Maximum Department Participation, Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) ( %) or ( (N/A%) ( (N/A%) or ( %) or, ( %) or $ 178,000 $ $ 78,000 $100,000 $ TOTAL PROJECT COST $178,000 Page i of i 168-4 WPI' NO. JOB NO. CONTRACT NO. 1114184 03080-1501 F, XII?BIT P. EQUIP~ SUBMITTALS/CE~TIFICATIONAND BASIS FOR T~I~IR ACCEPTANCE BY THE DEPARTMENT This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and _ Collier County. Florida dated , SUBMITTAL/CERTIFICATION RESPONSIBILITY Services/Co~,=,,odities Selection Compliance (with Statutes) Public Agency Attorney Certification Feasibility Study (if necessary) Public Agency PE/EIS (if necessary) Public Agency Design Submittal 9O% 100% Department Review/Letter Co~mnts Department Review/Letter Comments Design/Construction/Procurement Public Agency CEI Services MBE Compliance Department Public Agency Certification Safety Compliance Public Agency Audit Reports Public Agency Annually During Life of Project Page i of 2 1613'4 Requests for Reinbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of tb/s Agreement ~ 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved or disapproved by the Department no later than five (5) working days after receipt, by the District Traffic Operations Engineer, of a properly prepared and submitted invoice. Payment to be for direct costs only (this excludes general and administrative overhead). Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for correction. Page 2 of 2 16C-1 I.casc # 901 I.IMITEI) USE I.I('ENSE A(;REE.'MENT LIMITED USE LICENSE AGREEMENT BETWEEN 'FILE BOARD OF ('OUNTY COMMISSIONERS, COI.i.IER ('OUNTY. A POI.ITICAI. SUBDIVISION OF TilE STATE OF FLORIDA AND TIlE GOI.DEN GATE AREA CilAMBER OF COMMERCE, INCORPORATED, A NON-PROFIT FI.ORIDA CORPORATION. APPROVING TIlE USE OF COUNTY-OWNED PROPERTY FOR TIlE PURPOSES OF IIOI.DING ACTIVITIES FOR 'FILE (;OI,DEN (;A'FE FESTIVAl. eFORMERI.Y KNOWN AS FRON'I'IER I)AYS) Tins l.,nutcd t$sc l.,ccnsc Agreement entered into tins ~ day ol' ._~~ . DOS ~y and hct,vecn thc hoard or C'm,nty ('ommissioncrs, ('oilier County,, Florid,~,, whose n~ling address is 3301 East Tamiami Trail. Naples, Florida 34112. hereinafter refe~ed to as Board . and the Golden Gate A~a Chamber of Commerce, Inco~oraled. a non-profit I:lorida co~oralion, whose mailing address is 384.7 Tollgate Boulevard, Naples, I:l.rida ~4114, hcrcin;d',:r rclbrrcd I. as "('lmml~cr". WI IERF..\,~. tile Clmmber requests the u~c o1' (",Sllllty.oxs, llCtl I;md I'or thc I~,Uq'~c, se o1' holding at'livilic~ liar Ibc Chamber's annual event beginning February 27 through March I. 1998 in which thc proceeds generated will benefit the community; :md WHEREAS. thc Board is willing to approve tile usc ol'('ounty-ov, ncd land Ibr such purposes: NOW. TIIEREFORE. TIlE PARTIES AGREE AS FOI.LOWS: I. Thc Board herein approves thc usc of County-owncd propcrty idcnti fled as that portion of Tract II 5. Golden Gate Subdivision. Unit 4. as recorded in Plat Book :5. Page IO9. of thc Pvblic Records of Collier Courtly. Florida. which lies west of Ibc Golden Gate Community Center on Golden Gate Parkway and east of thc Gokl~n Gate Emergency Sc~'ices Complex. more specifically depicted on Exhibit "A". attached hereto and made a part hereof, and hereinafter referred to as "Property". for the purpose of holding activities for tile Chamber's annual event. 2. The approval of the usc of thc Property by thc Chamber shall extend from sunrise lo sunset February 26 through March 2. 1998. These dates include one ( I I day for set-up and one I I } day for take-down. 3. Thc Chamber shall monitor, control and ;,ssumc responsibility for all aclivilics, vendors, licensees, and invitces associated with holding of such an event, such responsibility not being limited to trash collection ;md clean-up of thc Property. Board shall not be obligated or required to improve, repair, or maintain thc Property or any part thereof in any manner whatsoever. 4. Thc Chamber shall acquire any and all permits rcql, ircd by Collier County and any other governmental cnlily to conduct such an event and related actMtics on tile Properly. Thc Chamber shall post a Five lit, mired and No/100 Dollars (S500.00) cash bond with tile Collier County Finance Department to insure adequate clean-up of the property at the temlination of this Limited Use License Agreement. It is understood and agreed that Ihis bond is not intended to replace Chamber's obligation to clean up thc Property at thc completion of its actMtics under this kimited Usc License Agreement. Thc Finance Department shall return such bond Io Chamber if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making an5' changes, alterations, additions or improvcmcnts to tile Property, the Chamber will provide to Board. in writing, all proposals and plans for allcrations, improvements, changes or additions to thc Property. Thc Chamber covenants and agrees in connection with an5' maintenance, repair work, erection, construction, improvement, addition or alteration of any :mthorizcd modifications, additions or improvements to Ihe Property. to obsc~'c and comply wilh all present and future laws. ordin:mccs, mits, regulalions, and requirements of thc United States of America. State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to tile Property shall, at once. when made or installed, be deemed as attached to the freehold and to have become the properly of Collier County and shall rem:fin for Ibc benefit of tile County at the end of the tcnn set forth in this Agreement in as good order and condition .m they were installed, reasonable ,,,,'ear and tear excepted; provided, however, if Board so directs, the Chamber shall promptly remove ibc additions, improvements, alterations, fixtures and installations which were placml in, on, or upon the Property by thc Chamber, and repair any damage caused to the Properly by such removal. 160-1, 6. ~'h~: Chamber shall provide and maintain general liability insurance policy(les), approved by thc Collier County Risk Manager. for not less than One Million Dollars and No/Cents (SI.OOO.OOO.OO) combined single limits during thc tcm~ of this Agreement. Thc Chamber shall also carry. Liquor Liability Insurance in limits nol less than One Million Dollars and No/Cents (Sl,O00.O00.O0) per occurrence. Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to thc Collier County Risk Manager. 33OI East Tamiami Tr:dl. Administralion Building. Naples. Florid& 34112. for approval prior Io February 2{). 1998; and shall inch,dc a provision requiring five (5) days prior ,,vriltcn notice to Collier County c/o County Risk Manager in thc event of cancellation. 7. This Limited Use License A~recmcnt shall be administered on bch;dl' of thc Board by and Ihrough the Collier County Real Property Management Dcpartmenl. 8. The Chamber agrees to hold harmless and defend Collier County. thc Board of County Commissioners of Collier County, Florida and their agents and employees, from any claims, asscrlion or cause of aclion .Cot any loss, injury or damage to persons or property arising from or associated with thc Chamber's activities or use of the Property. Thc Chamber further agrees Io indemnify Collier County and thc Board of County Commissioners of Collicr County for any costs, expenses or fees, including attorneys' fees. arising from any claims or cause of action for loss, injury or damage to persons or property arising from or associated wilh thc Chamber's aclivilies or usc of thc Property. 9. The Chamber covenants and agrees not to assign this Limited Usc License Agreement or to pcm~it any other persons to occupy same without the written consent of Board. 10. Thc Board reserves thc right to cancel and/or rcschcdulc :,ny or all of Ibc :flmvc-tluscribed activities., scheduled Ibr any or all of thc above-listed days, upon 15 days notice to thc Chamber o1' Board's intent to rcschcdulc ;md/or cancel. I I. Thc Board anti Chamber specifically agree that this Agreement represents il license for thc Chan~ber's usc of the Property and does not convey any estate in the Property or crcalc any interest whatsoever. 12. Thc Chamber represents anti warrants to thc Board that no hazardous materials will be discharged Io the air, grounds, sewer, or to a septic system on Ibc Property. 13. The Chamber shall bc responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this cvcnl. 14. Thc sale of alcoholic beverages shall be only pcmfittcd on thc Property during thc evenl. 15. This Agreement shall become effective upon execution by both thc Counly and the Chamber. 16. This Agreement is governed and construed in accordance with thc laws of thc State of Florida. IN WITNESS WHEREOF, thc parties hereto have made and executed this Limited Usc License Agreement as of the da5' and year first above written. AS TO THE CHAMBER: DATED: ,.'; /¢ '7~ Wi~ss (signa)u~) ' (p~ni 'name)~ ' Witness (signature) (print name) CHAMBER: THE GOLDEN GATE AREA CItAMBER OF COMMERCE, INCORPORATED GEORGE DROBINSKI. President AS TO THE BOARD: ATTEST: DWIGHT E. BROCK, Clerk I Approved as to form and legal sufficiency: I lci~Ji F. A~hlon ~ " Assistan! Counly Allomcy 16C-1, BOARD: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAROARA B. BER~RY, ('haii'ma~x EXHIBIT "^" Pa~e 1 o£ I l!iiit ~, &--'. I; i; This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284919 OR: 2392 PG: 1272 *** 1,0~ Property Folio No. #0012224¢}007 ,.SA_k_TIS FACTION O F I,IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William D. Roberts P. O. Box 1029 lmmokalee. FL 33934 The Lien was recorded on blarch 5, 1991 in Official Record Book 15!)7, Page 0025, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Forty Dollars(S340.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Beginning at the Southwest corner of the Southwest Quarter (SWl/4) of the Northxvest Quarter (NqV1/4) of Section 4. in Township 47 South, Range 29 East, thence North 3 degrees 03 minutes %Vest along the West bounda~' of said Section 4 330 feet. thence North 86 degrees 21 minutes East 16 V: feet to the East boundary of tho county road and the point of beginning of the land hereby conveyed: thence North 3 degrees 03 minutes West and along the East side of said county road 824 feet to an intersection with the West boundao' of State Road No. 16,1: thence along the Wesierly and Southerly boundary of said State Road No.164 in an Easterly direction a distance of 1005.3 feet to the North Boundary of the land of W. D. Roberts. which point is due East of the point of beginning: thence South 86 degrees 21 minutes West along the North boundao' of said W. D. Roberts land 543 ~/~ feet to the point of beginning, containing 4.13 acres, more or less. Collier County. a political subdivision of the State of Florida. hereby ackno~vledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_~.~_day of '~4~~, 199~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUN"I~' COMMISSIONERS. COLLIER COUNTY. FLORIDA CHAIRMAN This insl rumont prelmred by: Heidi F, A,~hton Assistant County Attorney Office of Iht, Counly Altorn(.y 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2392 PG: 1273 Property Folio No. #6265096000,I SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joseph Clemente & Rose Clemente 1063 Sinclair Ave Staten Island. Nh' 10309 The Lien was recorded on Janua,T 3, 1997 in Official Record Book 2268, Page 014:), in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 23, Block 41 , Naples Park, Unit 3 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of tho Lien and hereby cancels the Lion. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that tho Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of tho Board this ~2~/day of ~.._____, 199~. ATTEST: DWIGHT E. BROCI<, Clerk BOARD OF COUNTq' COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared I)3': Heidi F. Ashton Assistant County Attorney Office of the C(,unly Al tornvy 3301 East Tamiami Trail Naples. Fh}rid~'t 3.1112 (941) 774-8400 2284921 OR: 2392 ?G: 1274 **' 1,00 Property Folio No. #57747040004 SATI,'FA 'TION OF IAEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORID,\ was the owner ami holder ora certain Lien against: Niw~rdo Martin(:z & Elba Martinez 892 Chancellor Avenue Irvington, NJ 07111 The Lien was recorded on November 17, 1995 in Official Record Book 2120, Page 2009, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of T~vo Hundred Forty-five Dollars($245.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Cellier County, Florida. described as follows: Lot 13 in Block 29,1 of MARCO BEACH UNIT EIGHT Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that tho Lion ceases to exist. IN WITNESS WHEREOF. the Board of Counly Commissioners ~f Collier County. Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of tho Board this 02 ~day of f-.,.~,_~__. 199g. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284922 OR: 2392 PG: 1275 Property Folio No. #577470,10004 ~TION OF_LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nivardo Martinez & Elba Martinez 892 Chancellor Ave. Irvington. NJ (17111 The Lien was recorded on March 16. 1995 in Official Record Book 2039, Page 1151, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dolhtrs($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 13 in Block 294 of I~LARCO BEACH UNIT EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this .~ ~ day of ~..._~_~. ____, 1991~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By:~ CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8,100 *** 2284923 OR: 2392 PG: 1276 Property Folio No. #57747040004 SATISFACTION OF LIEN I<NOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nivardo Martinez & Elba Martinez 892 Chancellor Ave. Irvington, NJ 07111 The Lien was recorded on September 2, 1994 in Official Record Book 1981, Page 02388, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00), plus accrued interest and l)enahies, ifqny, and imposes certain obligations against real property situated in Collier County. Florida. described as follows: Lot 13 in Block 294 of MARCO BEACH UNIT EIGHT Collier County. n political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby eancel~ the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Reco,'ds of Collie,' County, Flo,'ida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution anti recording of this Satisfaction of Lien. by action of the Board this ~? day of/:~/-__ ,199~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNT%' COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Hoidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida .34112 (041) 774-8400 *** 2284924 OR: 2392 PG: 1277 *** Property Folio No. #5667!1880003 · TI, ~CTO I,I, KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bonito F Rocio Fresno 19 Colonia Chimalistac CP 01070 Mexico. De Mexico The Lien was recorded on Mnrch 27, 1997 in Official Record Book 2299. Page 1049, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida. described as follows: Lot 24 Block 31 of Marco Beach Unit ONE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfilction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this_,d~_day of ~-__~_.~.- ___, l:)f~. ATTEST: DWIGHT E. BROCK. Clerk / ,/ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared hy: Heidi F. Ashton Assistant County Attorney Office of the County Attorm, y 3301 East Tamiami Trail Naples, Fh,rida 34112 (941) 774-8400 ***.2284925 OR: 2392 PG: 1278 *** lIT 7248 Property Folio No. #56679880003 KNOW ALL MEN BY THESE I'RESENTS: That the IIOARI) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bonito F. Retie Fresno 19 Colonia Chimalistac CP 01070 Mexico, DF Mexico The Lion was recorded on January 25.19:14 in Official Record Book 1907. Page 1068, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 24 Block 31 of Marco Beach Unit ONE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien anti hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to recm'd this Satisfaction of Lien in the Official Records of Collier County, FIm'ida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by actiou of the Board this__,~!~day of.~___, 199$'. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284926 OR: 2392 PG: 1279 *** c~P~ 1.o~ Property Folio No. #56679880003 ATI F 'TIO I N KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and ho]der ora certain Lien against: Benito F Recio Fresno 19 Colonia Chimalistac CP 01070 Mexico De Mexico The Lien was recorded on March 15, 1996 in Official Record Book 2159, Page 0867, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 24 Block 31 of Marco Beach Unit ONE Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. Tho Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ~2~ day of~, 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284927 OR: 2392 PG: 1280 RK:RDiD in OF~!CiAL RECORDS cf C~LLibR COUN?Y, FL COPI/S R~: Property Folio No. #6693068000¢) SATISFACTION OF LIEN KNOW ALL MEN BY THESE I'RESENTS: That the BOARD OF COUNTY COM.MISSIONERS OF COLLIER COUNTY, FLORIDA ~vas the owner and holder of a certain Lien against: Silas Bacon Box 178 Everglades, Fl 33929 The Lien was recorded on May 05, 1994 in Official Record Book 1943. Page 2222, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 20. PINE GROVE SUBDIVISION of tho town of Immokalee Collier County. a political subdivision of tho State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lion, by action of tho Board this --~t" day of .--~/~ ,1991~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA · ,,, ' By: CHAIi~MAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Taminmi Trail Naples, Florida 34112 (941) 774-8400 *** 2284928 OR: 2392 PG: 1281 *** Property Folio No. #57672080003 SATISFACTION OF I,)EN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COM*IISSIONERS OF COLLIER COUNTY, FLORIDA was thc owner and holder of a certain Lien against: Marion Koziol and Barbara F Koziol 5(151 W. Fullerton Ave. Chicago. Illinois 60639 The Lien was recorded on December 4, 1989 in Official Record Book 1488, Page 1344, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Twenty Dollars(S120.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 17 Block 207 of Marco Beach Unit SEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ~2.,~ day of/-.~'-~- - , 199~. ATTEST: DWIGHT E. BROCI<, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8400 *** 2284970 OR: 2392 PG: 1361 01/25/9~ at 0B:t~lN ~I6ff? l. B~C~K, 1.0~ Rets: C:IRK T~ ~B BOARD INT~RO~HC! ~T~ Property Folio No. #35761320007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That tho BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Craig L. Meffert, Trustee of Wilkinson- Meffert Construction Co,, Inc. 3690 - $~h Ave. SW Naples, FL 33999 The Lien ~vas recorded on March 6. 1990 in Official Record Book 1510. Page 0901, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Ninety.five Dollars(S195.00), plus accrued interest anti penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Lot 8, 9, and ]0. Block 40. Unit 2 Part -- GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__~._C_day of~__, 19g~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8400 *** OR: 2392 PG: 1362 CHH ?0 TH ~OA~ Property Foli,~ N,,. #3576 SAT T\' I N FLIE KNOW ALL MEN BY THESE PRESENT.q: That lho BOARD OF COUNTY COM.MISSIONEI~S OF COI,I,IER COI~'NTY. FLOIHI)A was the owner and holder of a certain Lic, n against: Craig L. Meffert. Trustee of Wilkins¢,n. Meffert, Construction Co. 3690 5~' Ave. S.W. Naples. FL 33999 The Lien was recorded on May 29, 1990 in Official Record Book 1532, Page 0589, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Twenty-two Dollars(S122.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 5, Block 40, Unit 2 Part -- GOLDEN GATE Collier County. a 1,olitical subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby canceis the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this?_~,52_day of.z~:_~_~, 199R. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA '~ CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attornc, y Office of the County Attorney 3301 East Tamiami Tr, il Naples, Florida 3.1112 (D41) 774-8400 *** 2284972 OR: 2392 PG: 1363 1 6 O 3 Property Folio No. #357f;1 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERSOF COLIAER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilkinson-Meffert Const. C,,.. Inc. 1833 State Rtl 951 Naples, FL 33999 The Lien was recorded on January 25, 1994 in Official Record Book 1907, Page 1046. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety-five Dollars(S295.00), plus accrued interest and penalties, if any, and imposes ~:ertain obligations against real property situated in Collier County, Florida. described as follows: Lot 5, Block 40. Unit 2 Part -- GOLDEN GATE Collier Count>'. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this _¢~ day of /~-- - , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ' CHAIItMAN ' This instrument l)rel)ared hy: Heidi F. Ashton Assistant County Atterney Office of t he Coun!y Al!ornpy 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** ,,84974 OR: 2392 PG: 1364 *** 1.00 IXT 72¢0 Property Folio No. #35761360009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF ¢'.¢)1,1,1 [';Il COl IN'FY. lq/H{[ DA was th,~, owner and holder of a certain Lien against: Wilkinson-Mefferr Const. Co., Inc. 1833 Stat. Rd 951 Naples, FL 33999 The Lien was recorded on January 25, 1994 in Official Record Book 1907, Page 1018, in the Office of thc Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-nine Dollars(S249.00), plus accrued interest and penalties, ii' any, and imposes certain obligations against real l)roperty situated in Collier County, Florida, described as follows: Lot 9, Block 40, Unit 2 Part -- GOLDEN GATE Collier County. ;i political subdivision (,f the State of Florida. herel)y acknowledges receipt of payment in full satisfaction of the Lien ami hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~.,~-day of .."~..,~_ . , 19(..~'. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of tho County Attorney 3301 East Tamiami Trail Naplo.% Florida 34112 (941) 774-8400 *** 2284974 OR: 2392 PG: 1365 *** ' ' 16D 3 Property Folio No. #35761200004 SATI KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COM*IISSIONERS OF COI,LIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilkinson-Moffort Construction Company, Inc. 1833 State Road 951 Naples, FL 33999 The Lien was recorded on October 12, 1992 in Official Record Book 1760, Page 1064. in the Office of tho Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida. described as follows: Lot 5, Block 40, Unit 2 Part -- GOLDEN GATE Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction ,,fthv Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this .~.2~.,: day of ~, 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMlVlISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284975 OR: 2392 PG: 1366 *** Property Folio No, #35761360009 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ofa certain Lien against: Wilkinson-Meffert Construction Company. Inc. 1833 State Road 951 Naples, FL 33999 The Lien was recorded on October 12, 1992 in Official Record Book 1760. Page 1060, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. Tho Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 9, Block 40, Unit 2 Part -- GOLDEN GATE Collier County, a political subdivision of tho, State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by. action of tho Board this_zSdJ_dav, of -~/--~ ,199g. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA By:~ This instrument propnrod by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3:301 East Tamiami Trail Naples, Florida 34112 (!)41) 774-8400 *** 2284976 OR: 2392 PG: 1367 *** 1.0~ ilT ;243 Property Folio No. #357f;1 'ATI 'F CTI OF LIFN I<NOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilkinson-Meffort Const. Co., Inc. 1833 State Rd. 951 Naples. FL 33999 The IAen was recorded on January 25, 1994 in Official Record Book 1907. Page 1034. in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty- nine Dollars(S249.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 10 Block 40 Unit 2 Part -- GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. Thc Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~9+~. day of._~~ &. ., 199$. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COI,LIER COUNTY. FLORIDA By: CH~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284977 OR: 2392 PG: 1368 *** Property Folio No. #35761.100008 ~,ATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF C'OLLIER (;OUNTY. FLORIDA was the owner ami holder of a certain Lien against: Wilkinson-Meffert Construction Company. Inc. 1833 State Road 951 Naples, FL 33999 The Lien was recorded on October 12, 1992 in Official Record Book 1760, Page 1058, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lion secures the principal sum of Two Hundred Forty-five Dol]ars($2,tS.00), plus accrued interest and penalties, if any, and imposes ce'rtain obligations against real property situated in Collier County, Florida, described as follows: Lot 10, Block 411. Unit 2 Part -- GOLDEN GATE Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of tho Lien and hereby cance/s tho Lion. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. i~hn,ida, to acknowledge that the Lien ceases to exist, ' IN WITNESS WHEREOF. tho Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. hy action of tho Board this.,?,~ day of ~--~, , 19911. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA CHAIRMAN i i. ., '..'.. ,2 '~ This instrument prepared hy: Heidi F. Asht{m Assistant Count>' Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 3,1112 (:)4 l) 77,1-8,100 *** 284978 OR' 2392 PG' 1369 Property Folio No. #35761080004 SAIISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was tho owner ami holder of a certain Lien against: Wilkinson-Meffert Const. Co. 1833 County Rd. 951 Naples, FL 3399!) The Lien was recorded on January 25. 19,94 in Official Record Book 1907, Page 1020, in tho Office of the Clerk of tho Circuit Court of Collier County. Stale of Florida. Tho Lien secures thc, principal su,n of Two Hnndred Forty. nine ~ollars($249.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 2 Block 40 Unit 2 Part - GOLDEN GATE Collier Count>', a political subdivision of the State of Fh,rida. hereby acknowledges receil)t of payment in full satisfimtion of the Lien and hereby cancois tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County. i:l,,,'ida. ,,, acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this......~.Jz day of ?:~:/--. . 199//. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2284979 OR: 2392 PG: 1370 *** HC ~H ~,~c C~PN$ 1,00 ~etn: Property Folit, Nt,. #357¢;1 SATISFACTION OF I,IE._N KNOW Al,I, MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilkinson-Meffert Const. Co., In(:. 1833 Stal~ lbl. 951 Naples, I:L 33999 The Lien was ri,corded on January 25. 1994 in Official Record Book 1907. Page 1036, in the Office o£ the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the princilml sum of Two Hundred Forty. nine Dollars(S249.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 4 Block 4(/Unit 2 Part - GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. Tho Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Fh)rida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action ofthe Board this o~.~' day of/'~/q , 1991~. ATTEST: DWIGHT E. BROCK. Clerk / · ;. ~.. >.- BOARD OF COUNTY COMMISSIONERS. COI,LIER COUNTY, FLORIDA ('HAIRMAN This instrument prepared by: Heidi F. Ash\on Assistant County Attorney Office of the County Attorney 3301 East Tnmiami Trail Naples, Florida 34112 (9,11) 77,1-84¢)(1 2284995 OR: 2392 PG: 1423 ,:W.~F~? ::, ~,~'~' ~.~ ~ ...... Property Folio No. #357¢;1080¢)O.I SATISI,':\CTION O1,' LIEN K. NOW ,.\LL MEN BY THESE, PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLI ER COUNTY, FLORID:\ was the owner and holder of a certain Lien against: 'Wilkinson-Meffer! Construction Company 1833 County Road 951 Naples, Fl, 33999 The Lien was recorded on November 3, 1988 in Official Record Book 1392, Page 0¢;89, in the Office of the Clerk of the Circuit Court of Collier County, State. of Florida. The Lien secures the principal sum of One Hundred Twenty Doll~'trs($120.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as fifllows: Lot 2 Block ,10.Unit 2. GOLDEN GATE Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt ofpaynaent in full satisfi~ction of thy Lien and hereby canceis the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of l.ien in the Official Records of Collier County, Florida. to ackno~vled~e that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ,~,'~- day of /-~,~ . 1.q.9~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLINTY COMMISSIONERS, COLIAER COUNTY. FI.ORII):\ This instrun~en! prelmred ltv: Heidi F. Ashton Assistnnt C.unly Att(n'ney Office of tho Cotlnty Attol'l~('y 3301 East Tamiami Trail Naples. FIm'ida 3.1112 (941) 774-8400 2284996 OR: 2392 PG: 1424 *** Cg?:H 1.~o Property Folio s:VrlSI':\(/i'ION OF I.IEN I{.NOW ALL MEN BY THESE ! RESENTS: That the BOARD OF COUNTY CO*I*IISSIONERS OF COIA,IER ¢!OUNTY. FLOI{IDA was the owner and holder of a certain Lien against' The Lien was recorded on September 11, 1!)!)5 in Official Record Book 2098, Page 0182, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against rea! property situated in Collier County, Flerida. described as fifllows: Lot 17 Block 207 of Marco Beach Unit SEVEN Collier County, a political sul)(livision of lh. Slate of Florida. herehy acknowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board (,f C()unty Commissioners of Collier County. Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this_~:..~(hLv of ~_.=X_~~__, 19.91t. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COI,LIER COUNTY, FLORIDA By: ~~ ('HAl RklAN This instrument i)repared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tami;~mi Trail Naples, Fiori(I;~ :1,1 ! 12 (941) 774-8400 *** 2284997 OR: 2392 PG: 1425 *** Property Folio No. SATISFACTION OF I,IEN KNOW ALL MEN BY THESE' PRESENTS: That the BOARD OF COUNT%' COMMISSIONERS OF C'OI,I.IEII (:OUNTY. FLORIDA w~,s the owner and holder of a certain Lien against: Jose A. S~,l~verria and Dora Borja d~.~ Salaverria :\vehicle, F,'~, ncisc~ Monendez ~ 1-1 Ah~,uchal):,n. EL SALVADOR The Lien was rec°rded on M:trch 2(;, 19.~)1 in Official Record Book 1(;01, Page 2291, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 23 of Block 782 REPLAT OF A PORTION OF MARCO BEACH [INIT ELEVEN Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lion. The Clerk of the Circuit Court is hereby di.rected to record this S~tisfaction of Lien in the Official Records of Collier Count.;'. Florida. to acknowledge theft the Lien ceases to exist. IN WITNESS WHEREOF. the Board of C,,tmty Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ..~?' ,lay of. ~'~/ , 1.~).~1~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTh'. FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2284998 OR' 2392 PG: 1426 ~e[~: Prol)erty Folio No. #571914,10001 .S_'ATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENTS: That ~h,, BOARD OF COUNTY COMMISSIONERS OF ('OLLIER (?O['NTY. FLORII)A was Iht,, .wner and holder .fa certain Li(ql aeainsl: ('h;,rl.s E I)uqu.t 20311) [~)ui.-e I.iv.nia. MI .1~ql.52 The Lien was recorded on March 27, 1997 in Official Record Book 2299. Page 1017. in the Office oflhe Clerk of the Circuil Court {}f C.Ilier County. State of Florida. The Lien secures the principal sum .f Two Hundred F"rty-five'Dolhu's($245.00), plus accrued interesl and penahies, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Lot 11. Block 88 of.MARCO BEACH UNIT FIVE Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfitction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County. Flm'ida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, tho Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Bm, rd this ' ,.' .day of ATTEST: DWIGHT E. BROCK. Clerk / / .... ;- ' 7- -: '":"- ' BO:\RD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA '' / This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (9413 774-8400 *** 2284999 OR: 2392 PG: 1427 *** R~C ~U 6,00 C~K TO ?H~ ~XT Property Folio No. #82536080004 SATISFACTION OF I,IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COITNTY, FLORIDA was tho. owner and holder ora certain Lien against' Antonio Marulanda & Fh,r .M. ruh,nda ~lf; Grand Ay(,. North Bor~zen. NJ 07047 The Lien was recorded on .March 27. 1997 in Official Record B,s~k 2299, Page 1031, in the Office of the ('lerk of the Circuit C-ur! .f ('-flier ('.univ. State .f Florida. The Lien secures the princip~l sum of Two Hundred Fortv-five'Dollars(S245.O0). plus accrued interest and pemdtios, if any. and imposes ce'train obligations against real property situated in Collier County. Florida. described as follows: Lot 156. WILLOUGHBY ACRES Collier County. a political subdivision of thc, State of Florida. hereby acknowledges receipt of payment in full satisfactioa of the Lien and hereby cancois the Lien. The Clerk of the Circuit Ct)urt is horel)y directed to record this Satisfi~ction of Lien in tho Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. ' IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .2.~z day of/~/~ , 199$. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVIMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRXMAN- - This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the Cou,~ty Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2285000 OR: 2392 PG: 1428 Proi)erty F. lio No. #577,119t;0009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CONIMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder ofa ce,'tain Lien against: Giuseppo Dmmfl'io 457 W 57,h ST #(;03 New Ym'k. NY 10019 The Lien ~vas recto'deal on March 27. 1997 in Official Record Bo.k 2299, Page 1033. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes em'tam obligations ngainst real property situated in Collier County. Florida. described as follows: ~t 12, Block 285. of Marco Beach [Init EIGHT Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of pnyment in fi~ll satisfi~ction of the Lien nnd hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to recm'd this Satisfimtion of Lien the Official Records of Collier County. ~lorida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flo,'ida. acting through its Chairman, di,'ects execution and ,'eom'ding of this Satisfaction of Lien. by action of the Board this ..: . day of .'~ ~ . _, 199g. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA CHAI'RMAN ' This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attol:ney 3301 East Tamiami Trail Naples. Florida 34112 (941) 77,1-:4,I{}{) Property Folio No. #57191280009 ,-S-'&TISFACTION OF IAE.~ KNOW ALL MEN BYTHESE PRESENTS: That the BOARD OF COUN'TY CO.M.\IISSIONERS OF COLLIER COUNTY. FI,ORIDA was the owner and homer ora certain Lien aRainst: Vincent Solimine & Marilyn A Solimine 775 Amber Dr Marco Island. Fi 339:17 Thc, Lien was recorded on March 27, 1997 in OFficial Record Book 22 ..... Page 1045. in the Office of the Clerk of the Circuit Court of C.Ilier Ct untv, State of Florida. The Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.0(}), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 07, BLOCK 88, MARCO BEACH UNIT FIVE Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of tho Lion and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. ~'lorida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of thin Satisfaction of Lien, by action of the Board this ~'~ - _day of_:.'.~... _, 199g, ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, ('OI,LIER COUNTY, FLORIDA CHAIR'SLAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the COtlllly Attol:ney 3301 East Tamiami Trail Naples. FIm'ida 3.1112 (9,11i 77.1-8.I00 *** 285002 OR: 2392 PG 1430 : Property Folio N,. #36430400008 S_ATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was tho owner and holder ora certain Lien against: Herman Schumacher & llse Schumachcr Beckstrassee 53 D (; 1 O0 l);,rmstadt Germany The Lien was recorded on March 27, 1997 in Official Record Book 2299. Page 1051. in the Office of the Clerk of the Circuit Court of Collier ('ounty. State of Florida. The Lien secures the principal sum of Two Hundred Forly.five Dollars(S245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as fidlows: ~ts 10 Block 230 Unit 7 Part GOLDEN GATE Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed 1o record this Satisfaction of Lien in the Official Records. of Collier County. ~l(n'ida. to acknowledge that the Lien ceasos to exist. IN WITNESS WHEREOF. the Board of County Commissioners of C,llier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this_.. ~ ~day of _":~z/ _, 19.9I]. ATTEST: DWIGHT E. BROCK. Ch,rk BO;\RD OF CO['NTY COMMISSIONERS. COLLIER CO['NTY. FLORID:\ This instrument prepared hy: Heidi F. Ashton Assistant County Attornt?y Office of tho County Attorney 3301 East Tamiami Trail Naples. Fhn'ida 3,1112 (!141) 774-8,t00 OR: 2392 PG: 1431 Property Folio No. ~ATISFACTION OI" I.IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was tho owner and hokler cfa certain Lien against: Ernesto Larrartc (':;die 1B1ZA N-60-1-B · Madrid, Spain The Lien was recorded on January 3. 1997 in Official Record Book 22(18. Page 0122. in the Office of the Clerk of the Circ(fit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S2,15.00). plus accrued interest and penalties, if:my, and imlmses certain obligations a~ainst real property situated in Collier County. Florida. described as follows: Lot 2. Block 293 of.Marco Beach Unit EIGHT Collier C runty, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfi~ction of Ih0 Lion and hereby cancels the Lien. The Clerk of tho Circuit Court is hereby directed to record tiffs Satisfaction of Lien in tho Official Records of Collier County. ~lorida. to acknmvlodge that the Lien ceases ~o exist. ' IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this..,' ,~ day of~']~,C . .. 1998. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attor'ney 3301 E;tst Tami;~mi Trail Naples. Florida 34112 (:),11 ) *** 2285004 OR: 2392 PG: 1432 *** Property Folio N{~. SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: Theft the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'rY, FLORIDA was the owner and holdt~r of ;tcc, rt~lin Lien ~lg;~inst: Ernesto L~lrrarte Calle 1B1ZA N-(;0-1-B Madrid Sl)ain The Lien was recorded on August 28, 19,~)5 in Official Record Book 2093, Page 0958, in the Office o£ the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum o£ Seven Hundred Twenty.~ve Dollars(S725.00), plus accrued interest and pen~llties, if ~my, ~md imposes cert~tin obligations against real property situated in Collier County. Florida, described as follows: Lot 2. Block 293 ofM~irco Be~ich Unit EIGHT Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Offici~l Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ; .~ day of /_.,4. , 19,~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 3,t I 12 (941) 774-8400 ***,,9 85067 OR: 2392 PG: i598 *** Property Folio No. #36371040006 SATISI"ACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was tho mvner ami holder of a certain Li.n against: Miranda M.Icndcz % Avatar Prop Inc. P O Box 523000 Miami, Fi 33152 The Lien was recorded on August 28.1995 in O£ficial Record Book 2093, Page 09,19, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures thc principal sum of One Thousand One Hundred Dollars(S1100.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 26, Block 181, UNIT 6, PART 1, GOLDEN GATE CITY SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancel],; tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County. Flm'ida. to ackno~vledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action ortho Board this ..v.~ day of , ~q~. , 1995. ATTEST: DWIGHT E, BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. (X)i,I,IER (,OIINTY. FI,ORIDA · 11.;': (,HAIRMAN This instrument prel)ared by: Heidi F. Ashton Assistant County Attorney Office of the County At Iorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 *** OR: 2392 PG: i599 *** Prol)erty Folio No. SATISFACTION OF I,IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY (,OMMISSIONI:RS OI" (X)I,I,IER ('.OIJNTY, I"i,OIUDA was tile mvner and holder ofa certain Lien against: Vincent Soliminv and Marilyn A. Solimine Rd #1 Box 217 Palisades, Nh' 10964 The Lien was recorded on March 04, l,qf}l in Official Record Book 159f;, Page 1742, in tho Office of tho Clerk of the Circuit Com't of Collier County, State of Florida. Tho Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 14. Block 375. of Marco Beach Unit Twelve Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of tho Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier Count,,,', iVlorida, to acknowledge that tile Lien ceases to exist. IN WITNESS WHEREOF. the Board of County (:ommissim~ers ,,f ('-Ilim' County. Florida. act mR through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ..5',. day of .-~ . 1,1,)~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 33{)1 East Tamiami Trail N~ples, Florida 34112 (,9,11) 774-8,1t)0 *** 2285069 OR', ,o* 92 ,G. i600 Property F{,lio No. #(;2(;50.~)(;0004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was tho owner and holder of a cert~tin Lien against: ,Joseph Clemente & Rose Clemento 10(;3 Sinclair Ave. Staten lsl;~nd, l"~' The Lien was recorded on Ma~'ch 22. l~).~l(; in Official Rec{~rd Book 21(;1. P~,gt, 212{;. in the Office of the Clerk of the Circuit C(~ut't (~f C~llier County. St:~te of Florida. Tho Lien securt~s the I)rincil)~l sum {~f Tw(} Hundred F~'ty-five'Dt~ll;~rs($2,15.{}l}). plus accrued interest and penalties, if ~tny. and imposes certain ol)ligations ~gainst re~l property situated in Collier County. Flt}~'irl~. doscrihe~l as Lot 23. Block 41 . N~l)les Park , Unit 3 Collier County, a political subdivision of thc, State of Florida. hereby acknowledges receipt of payment in full satisfi~ction of the Lien and heroby cancol~ tho Lien. The Clerk (,f the Circuit Court is hereby directe~l lo rec~r~l lhis Satisfi~ctitm t~f Lien in the Official Records of Collier County. ~'loritla. to acknt~wledge that tho l,i~,n ceas(,s to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier C,~ttnty. Florida. acting through its Chairman. directs execution and recording t~f this Satisfaction of Lien. l~x- action of tho Bo;~rd this ~':~ da.v of ~(:~ ~ , 1.9~)~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant Cmmty Attorney Office of tho County Attorney 3301 East Tamiami Trail Naples. Florida 3,1112 (941) 774-8400 2285070 OR: 2392 PG: 1601 *** RK H~ Property Foil. No. SATISFACTION OF I,ILN KNOW ALL MEN BY THESE I'i{ESEN~TS: That the BO:\I{D OF COUNTY COMMISSIONERS OF COIAA ER COl ~NTY. FI,OR! !'):\ was l he .whet and holder of a certain Lien against: Joseph Ch, mente & Rose lOG3 Sinclair Av~,. Staten Island, Nh' 103()9 The Lien was recorded on October 6, 199,1 in Official Record Book 1!)92, Page 04(;7. in the Office of the Ch:rk .f the Circuit C.m'l .f (2.1lief ('.unty, Stale .f Fhn'ida. The Lien secures the principal sum of Two Th.usand Three Hundred FIR>' Dollars ($23fi0.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier C.unty, Florida, described as follows: Lot 23. Block 41. Naples Park, Unit 3 Collier County. a political subdivisi.n of Iht, State of FIm'ida. hereby ackno~vledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record thin Satisfi~ction of Lien in Iht: Official Recto'ds .f C()lli(,r C.umy. FI.rid.. I();,ckn.wh,dge that t iu? l.i(:n ceases t. exist. IN WITNESS WHEREOF. the Board .f C,mnty C.mmissioners .f C.llier County, Florida, acting through il s (~h;firnmn, directs execution and recto'ding of thin Satisfaction of Lien, by action of the Board this .9.~ day of ..~_ . 19~. ATTEST: DWIGHT E. BROCK. Clerk BO:\RD OF COUNTY COMMISSIONERS. ('OI,I,IER COUNTY. FLORIDA This instrument 1)roi)areal Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3:301 East Taminmi Trail Naples, Florida 34112 (041) 774-8400 2285071 OR: ,39, PG: 1602 C~HH 1,00 7240 Property Folio No. #66930720009 S:\1 ISI. ACTION OF I,IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY, FLORIDA was the owner and hokler of a certain Lien against: Silas Bacon P. O. Box 178 Everglades City, F1 33929 The Lien was recorded on October 16, 1991 in Official P. ecord Book 1655, Page 1938, in the Office of tho Clerk of the Circuit Court of Collier Connty, State of Flm'ida. Tho Lien secures the principal sum of Three Hundred Fifty Dollars(S350.00), 1)lus accrued interest and I)enalties, if any, and imposes certain t,l)ligations against real l)rol)erty situated in Collier County, Florida, described as fifllows: l_x~t 21 of the Pine Grove Subdivision Collier County. a political subdivision of tho State of Florida, hereby acknowledges receipt of payment in full satisfaction of tho Lien anti hereby cancels the Lion. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this _~.y"tlay of ~"~/-~ , 199~. ATTEST: DWIGHT E. BROCK. Clerk /- / ~. ~2.~ ..'.~'/_~ ~-.-~-~ -~. : .... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAI~R~AI~- This instrument I)rCl)ared by: Heidi F. Ashton Assistant County Attorney Offi(:(, (ff ih(, County Atlm'n(,y 3301 East Tamiami Trail Naples. Florida 3,i 112 (941) 774-8,100 *** 2285072 OR: 2392 PG: 1603 Property Foli() No. #79120400(1()3 SATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Edward Rohluin 525 Admirality Parade West Naples. F1 33940 The Lien was recordecl on May 13, 1991 in Official Record Book 1615, Page 0529, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fm'ty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, descrihed as follows: Lots 20 and 21, Block "A", VANDERBILT BEACH CENTER Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of t he Board this . ~/ day of ,/j~_,:L. , 199~. ATTEST: 'DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. ('OI.LIER COUNTY, FLORIDA CHAIRMAN This instrument prel)ared hy: Heidi F. :\sht,,n Assistant ('onnty :\ti(Whey O[~ce of the ('ounty Att~nq~py 3301 East Tamiami Trail Naples. Florida 34112 (941) *** 2285073 OR: 2392 PG: 1604 *** ~K ~! LO0 Prol)erty Folio No. #56~¢)780000,1 SATISF,\CTION OF I,I EN KNOW :\I,L MEN BY I IlLSE I'I{ESENTS: That Iht, I]()ARD OF COUNTY COMMISSIONERS OF (~OLI,IEI{ COt ;NTY.' FI,ORIDA was the oxvner and holder of a certain Lien aeainst: Mitsu Shir:,hama & Georgette Shirahama 121 S Barfichl Dr Marco Island. FI, 33937 The Lien was recorded on July 25.199.1 in Official Rvcm'd Book 1!)70. Page 0699, in the Office of the Clerk of the Circuit Cmn'! of Collim' (',runty. State of Florida. Time Lien secures the principal sum of Two Hundred Ninety Dollars(S291).00). l)lus accrued interest and penalties, if any, and imposes certain ohlig:uions a~ainst real prol)erty situated in Collier County. Florida, described as follows: Lot 26. Block 70 of Marco Beach Unit Txvo Collier County. a political subdivision of the State of Florida. herehv acknowledges receipt of payment in full satisfaction of the Lien and hereby canceis the Lien. The Clerk of thc ('ircui! ('otu't is herol>y directed to r(,cm'd this Satisfimli(m ()f Lien in the Official Records of ('oilier County. Vim'ida. to acknowle(l~e ~hat the Lien ceases to exist. IN WITNESS WHEREOF. ~he Board of County Commissioners of Collier County, Florida. actin~ thr(,u~h its Chairman. directs (,xecuti()n and recording of this Satisfaction of Lien. by action of the Board this ~"<lav. of.,~)~ , 199%. ATTEST: DWIGHT E. BROCK, Clerk BO..\RD OF COIINTY COMMISSIONERS. COI,LI ER COUNTY. FLORID:\ CH:kli~MA~- ' This instrumeut prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attm:ney 3301 East Tarot, mi Trail Naples, Florida 3,tl 12 (941) 774-8400 2285074 OR: 2392 PG: 1605 *** CO~I]~ Property Ft~]it~ N., #5902{;IG0t)i}l ~ATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENTS: That the BO.,\RD OF COUNTY COM3, IISSIONERS OF COLLIER (;()[;NTh', FI~ORII)A was the owner ;~nd holder of a certain Lien against: Georges V(,rbert Est Thibautstraat 25 2100 Deurn(, Belgium The Lien was recorded on January 03. 1997 in Official Record Book 2268. Page 0118. in the Office of the Clerk of tho Circuit Cour! of Collier County, State of Florida. Tho Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00), plus accrued interest anti penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 19, Block 789. of a REPLAT OF A PORTION OF MARCO BEACH UNIT TWENTY-FIVE Collier County. a political sul)division of the Stale of Florida. hereby acknmvledges receipt of payment in full satisfaction of tlw Lien and hereby cancels the Lien· The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County, i~lor.la, to acknowledge that the Lien ceases Io exist. ' IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recordi~ng Sat~sfactmn of L~en, by actmn of the Board t l~is ~.:./day of~ .:J~.~2_ . of this ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office o£ the County Attm:ney 3301 Ea.~t Tamiami Trail Naples. Florida 34112 (941) 774-8400 Property Folio No. #$77,1704f)f)04 SATISFACTION OF LIEN KNOW ALL lIEN BY THESE PRESENTS: That the BOARD OF COUNTY COM,MISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ofa certain Lien against: Nivardo Martinez & Elba Martinez 892 Chancellor Avenue h'vington, NJ 071 ] 1 The Lien ~vas recorded on May 12, 199,1 in Official Recm'd Book 19,1(;, Page 1318, in tho Office of the Clerk of the Circuit Court of Collier County, State of Florida. Tho Lien secures tho principal sum of Two Hundred Forty-five'Dollars($2,tS,00). plus accrued interest and penalties, if any, and imposes certain ol)ligations against real property situated in Collier County. Vim'ida, dt, scrihed as Mt 13 in Block 29,1 of MARCO BEACH UNIT EIGHT Collier County, a political subdivision of tho State of Florida. hereby acknowledges receipt of payment in full satisfimtion of tho Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lion in the Official Records of Collier County, Flm'ida, exist. ' IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Fh,ridn. acting through its hah'man, directs execution and recording ofthis C ' Satisfi~ction of Lien. hy action of the Board this.. ::,,-. day of , {,~ , 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ! / i This instrument l)repared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301'East Tamiami Trail Naples, Florida 34112 (9,11) 774-8400 *** 2285076 OR: 2392 PG: 1607 *** Property Folio No. #57747040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS 0I" COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nivardo Martinez anti Elba Martinez 892 Chancellor Avenue Irvington, NJ 07111 The Lien was recorded on October 22, 1992 in Official Record Book 1763, Page 1802, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 13 in Block 29.1 ,,fMARCO BEACH UNIT EIGHT Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby canceis the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution and recording of this Satisfaction ,,f Lien. by action of the Board this ~;. day of .~. ~. , 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8,100 Rein: Property Folio No. #577470,1t)0()4 SATISFACTION OF LIEN KNOW AI2, MEN BY THESE PRESENTS: Tim! lhe BOARD OF COUNTY COMMISSIONERS OF('~()IAAER' COUNTY, FLORIDA was the owner and h.hh;r of;~ c,,rl;.Jn I.i.:n ;ignlnM: Nivardo Martinez and Elh;, Martinez Chancellor Avenue h'vington. NJ 07111 The Lien was recorded on 5larch 5. 1992 in OIlh:ial Recm'd Bt~ok 1(;93, Page 0898, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Thousand Eight Hundred Dolh~rs($1800.O0). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Lot 13 in Block 294 of MARCO BEACH UNIT EIGHT Collier County. a political subdivision of tho State of Florida, herehy acknowledges receipt of payment in full satisfaclion ~f the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed m record this Satisfimtion of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF. the Board of County Cmnmissioners of Collier County. Florida, acting through its Chairman. directs execution and recording of this Satisfimtion of Lien. by action of the Board lhis -2 '-. day of , '[e~ , 19.q~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. :\shton Assistant County Attorney Office of the County Attorney 3:301 East Tamiami Trail Naples. Florida 3,1112 (941) 774-8,t00 *** 2285095 OR: 2392 PG: 1656 *** COHI$ 1,00 Hr 7212 Properly [:,)lit) ..SATISFACTION OF I,!EN KNOW ALI, MEN BY THESE I'RESENTS: That Ih(, BO:\RI) OF COUNT%' COMMISSIONERS OF COLLIER (!OUNTY. FLORID:\ was the owner and holder ora certain Lion a~ainst: Thomas D SHyh,r & Robert A Saylor P O Box 1103 Calm Coral. 1"1 33910 The Lien was recorded on October 16, 1995 in Official Record Book 21/')9, Page 0741, in the Office of the Clerk of the Circuit Court of Ctfllier County. State of Florida. The Lien seem'es the principal sum of Two Hundred Ninety Della'rs(S2!)0.00). plus accrued interest and penalties, if any. and imposes certain obligations a~ainst real property situated in Collier County. Florida. descrihed Lots 47 and 48. Block 17, Naples Park. Unit No. 2 Collier Count.;'. a political sul)dMsion of the State of Florida. hereby acknowledges receipt of l,ayment in full satisfaction of the Lioa and hereby canceis tho Lion. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in tho Official Records of Collier County. [qorida. to acknowledge that the Lion ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and rocordine of this Satisfaction of Lien. by action of tho Board this ,3.;- day of .~./~,_~ , 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COI,LIER COUNTY. FLORIDA (!I IAIIIMAN This instrument prepared I)y: Heidi F. Ashton Assistant County Attorney Offic(, of t hr, Count y ;\! h,'ney 3301 East Tamiami Trail Naples. Florida 3,1112 (941) 77,1-R,100 ,,8 096 OR: 2392 PG: 1657 *** Property Folio No. #3598892()0(12 SATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COl,IAI'HI COUNTY, I"LORIDA ~vas the owner and holder of a certain Lien against: Kevin D Fitzgerald 2540 Cumberland Trl Clearwater. i"l 3,1621 The Lien was recorded on June 25. 1996 in Official Record Book 2198. Page 1347, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Seven Hundred Forty-five Dollars(S745.00). plus accrued interest and pcnalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: LOT 1. BLOCK 89, GOLDEN GATE. UNIT NO. 3 Collier County. a political suMivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfilction of Lien in the Official Records of Collier County. Fhn'ida, lo acknowledge that the Lion ceases to exist. IN WITNESS WHEREOF. the Board of C.unty Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfitction of Lien. by action of tho Board this ~_~.z day of .?.~'~ - , 1,q!)~. ATTEST: DWIGHT E. BROCK, Clerk //.'o ~ :~.,:..,: ...~ :..~... . . ... :. . BOARD OF COUNTY COMMISSIONERS. CO1,MER COUNTY. FLORIDA ('HAIRMAN This instrumen! prelmred 1)3': Heidi F. Ashton Assistant County Attorney Office of t he County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 77,1.8,100 ,,8 097 OR: 2392 ?G: 1658 *** R~ H~ ~.0~ ~0~I~ ~etc: Property Folio No, #35!)H8920002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI,I.IER C()I. INTY. I"I.ORII)A was Ihe mw~c,r and holder ora certain Lien against: Kevin D Fitzgerahl 2540 Cumherland Trl Clearwater. Fl 34(;21 The Lien was recorded on ,June 28. 199(; in Official lh.x.'d Book 22¢)0. Page 12:12, in the Office of the Clerk of the Circuit Court {~f Collier County, State of Fha'ida. The Lien secures the principal sum of Two Hundred Forty-five'Dollars($2dS.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described :is fi)llows: LOT 1, BLOCK 8,9. GOLDEN GATE. [;NIT NO. 3 Collier County. a political subdivision of thc, State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and herel)y canceis the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Recto'ds of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of C.unty Commissioners of C.llier County. Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board t his_r2.~day ATTEST: DWIGHT E. BROCK, Clerk BOARI) OF COLINTY COMMISSIONERS, COI.IAER COUNTY. FLORIDA This instrument prepare(I I)y: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tam;ami Trail Naples. Florida 34112 (941) 774.8,100 *** 2285098 OR: 2392 PG: 1659 *** CO?IH 1.00 ~etn: Property Folio No. #57208200008 KNOW Al,l, MEN BY Tt IESE i'RI'iSI'iNTS: That the II()ARI) OF COUNTY COMMISSIONERS OF COIAAER COUNTY, FI,ORIDA was the owner and holder of a certain Lien against: Claude E Schollaert 2124 Airport Rd So Ste 201 E Naples, FI The Lien was recorded on May 5, 1995 in Official Record Book 2056, Page 0276, in the Office of tho Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 25. Block 1(;7. MARCO BEACH UNIT 5 Collier Count:.'. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County. Fk,rida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. tho Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, !)7' action of the Board this ,~'*: day of .C~-~- , 199~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COI,LIER COUNTY, FLORIDA CHAIRMAN This instrument prepared Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florid~ 34112 (941) 774-8400 2285099 OR: 392 PG: 1660 *** ~]~ ?~! 6.00 Property Folio No. #572¢)S200008 ,.%.',\TISF:\(~'TION O I: I,I ES_ KNO\V ALL MEN BI' IHESE I RESEN IS: Theft the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTh', FLORIDA was the owner and holder of a certain Lien against: Claude E Schollaert 2124 Airport Rd So STE 201 E SapJes, Fl 33f1(;2 The Lien was recorded on May 6, 1996 in Official Record Book 2179, Page 0030, in the Office of the Clerk of the Circuit C()urt of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest :~nd penalties, if any, ~nd imposes certain obligations against real property situated in Collier County, Florid~, described as follows: Lot 25, Block 1G7, MARCO BEACH UNIT 5 Collier County, a political subdivision of the State of Florid~, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County. Vlori(l~l. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of (?(,ut~ty Commissioners of C()llier County. Florida, acting through its Chairman. directs execution and ,'ecording of this Satisfaction of Lien. by action of the Board this _~t? d:~y of ?~.~_ . 19fig. ATTEST: DWIGHT E. BROCI<, Cle,'k BOARD OF COUNTY COMMISSIONERS. COLLIER CO[ NTh, FLORID:\ CHAIRMAN This instrument prepared by: Heidi F. :\shmn Assistant County Attorney Office of 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2285100 OR: 2392 PG: 1661 *** C~t35 Property Folio No. #5720~20000~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Ch,ude E Schollaert 2124 Airpm't Rd So STE 201 E Naples, FI /139(12 The Lien was recorded on March 27, 1997 in Official Record Book 22;)9, Page 1021, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 25, Block 1¢;7. MARCO BEACH UNIT 5 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to reco,'d this Satisfaction of Lien in the Official Records of Collier Count>,, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Boa,'d of Ccmnty Cmnmissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Bmu'd this ~; --' day of /5, ~' .... 1998. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA CHAIRMAN This instrument prel)ared hy: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 77,1.8,100 *** 2285101 OR: 2392 PG: 1662 1.00 Property Folio No. #56(;7.~)5(;(}00¢; SATISFACTION OF I,IEN I,~NO\V ALL ,MEN B'~' THESE PRESENTS: That the BO:\RD O1: COUNTY CO.MMISSIONEI{S OI: COLI~ILI~ (7OUNTh'. FLORIDA was the ~wner :md holder of a certain Lien against: Jesus E Rodriguez & lira Rodriguez AA 50853 Barr~nquill~. Columl)ia The Lien w:~s rec~rded on dtme 2. 1.~)!),l m ()ff~ci:~l Record Book 1!153. Page 1,12,1. in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the i~rincii)ai stem of Two Ht~nch'ed Forty-fi~'o Doll:~rs($2,15.00), plus accrued interest and penalties, if any. and imposes cert~in obligations against re~l property situated in Collier County, Florida. described as follows: Lot 16, Block 31, of Marco Beach Unit ONE Collier Cot, nty, a political subdivision of thc State of Florida. herehx' acknowledges receipt of payment in full satisf:~ction.of the l,ion a,id herol~y cancois tho Lien. The Clerk of tho Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Reco,'ds of Collier County, Florida. to acknowledge that tho Lien ceases to exist. IN WITNESS WHEREOF. tho Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and rocor([ing of this Satisfaction of Lien. by action of the Board this ..~,~-' day of ,,:, ~ . 1!19'~. ATTEST: DWIGHT E. BROCI,:. Clerk BOAI{D OF COUNTY COMMISSIONERS. COLLIER COUNT5', FLORIDA By: ' ' ' CHAIRMAN This instrun~ent prepared by: Hcidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 Easl Tamiami Trail Naples. Florida 3,1112 (9,11) 77.1-~.100 *** 2285102 OR: 2392 PG: 1663 Property F(,lio N,,. ttSG9455'ZO000 SATISFACTION OF I,IEN KNOW Al,I, MEN BY THESE PRESENTS: Th:it tho BOARD ()F COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain I,ien ag~insl: Othon Frias Davila Nebraska 15),1 *h,xi~:,, 1:~ I) I" Mexico The Lien was recorded on May 6. 199¢; in Official Record Book 2179. Page, 0024, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Five Hundred Seventy-five Dollars(S575.00), plus accrued interest anti penalties, if any. and imposes certain ~)hligations against real property situated in Collier County. Florida, described as follows: Lot 25, Block 132, of Marco Beach Unit FOUR Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancel~ the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in tho Official Records of Collier County. Florida, to acknowledge that tho Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this .a_,a day of ,-_7,,~__.. , 199~ ATTEST: DXVIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA CHAIRMAN This instrumonl prel)arod I)3': Heidi F. Ashton Assistant County Attorney Office of the County Attm'noy 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8,100 *** 255103 OR: 2392 PG'. 1664 *** HC HI ~.oo ~17 Property Folio N,. #5.902{;2i)(1000 S;\TISI'.':\CTION OF MEN K. NOW ALL MEN BY THESE I RESENTS. That the BOARD OF COUNTY COM*IISSIONERS OF COLLILR COUNTY, FLORIDA was the owner and holder of a certain Lien against: Georges Verhert EST Thilmutstraa! 25 21OO [)t:urne Belgium The Lien was recto'dod .n March 27. 1997 in Official Recor(I Book 2299. Page 1025. in the Office of the Clerk oflhe Circuit Cour! of Chillier County. Slate of Florida. The Lien secures the principal sum of Two Hundred Forty.five Dollars(S245.00). plus accrued interest and penahi(.s, if,ny, and imp,sos certain obligations against real property situated in Collier County. Florida. described :ts follows: Lot 20. Block 789. ofa REPLAT OFA PORTION OF MARCO BEACH UNIT TWE NTh'- FIVE Collier County, a political subdivision (,f the State of Florida, herehy acknowledges receipt of lmyment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfitction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lion ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. hy action of the Board this --3 5z day of ..~.~/ . 19.9~. ATTEST: DgVIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA CHAIRMAN This instrument prepared hy: Heidi F. Ashton Assistant County Attorney Office of tho Cotmly Attorn(,y 3301 East Tamiami Trail Naples. Vim'ida 3,1112 (941) 774-8,100 *** 2285113 OR: 2392 PG: 1683 *** ~HH 1.00 Property Folio SATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CO~ IMISSIONERS OF COLLIER C'OUNTY. FLORIDA was the owner and holder of a certain Lien against: The Lien was recorded on March 27, 1997 in Official Record Book 229!). Page 1041. in the Office of the Clerk of the Circuit Court of Collier County, State of Flori(la. The Lien secures the principal sum of Two Hundred Forty.five Dolhu's($245,00). l)lUS accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 13, Block 223, Golden Gate. Unit (;. Part ] Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby canceis the Lien. The Clerk of the Circuit Court is herel)y directed to reco]'d this Satisfimtion of Men in the Official Records of Collier County. Vim'id;t, lo ackn(,wled~e that the Lien ceases lO exist. IN WITNESS WHEREOF. thc, Board of Cotmty Comnussioners of Collier Counly, Florida, actin~ th]'ou~h its Chairman, dirvcts exocuti{m and recording of this Satisfaction of Lien. by action of the Board Ibis ~ day of .;~_ , 199~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COLTNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Hoidi V. Ashlm~ Assistant County Attorney Office of the County Attm'm~y 3301 East Tamiami Trail Naples. Florida 3.1112 (941) 774.8400 Property Folio No. SATISF,'\CTION OF l,l EN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLI. IEI{ COUNTY, FLORIDA was the owner and holder of a certain Lien against' Eric M Roishus Marlin B Reishus 2207 Ohm'lin Ct Naporvillo. II, The Lien was recto'dod on August 23. 1.q,q(; in Official Record Book 2220, Page 1875, in the Office of the Clerk of lhe Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Fm'ty.five Dollars(S2,15.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 26, Block 277, Marco Beach Unit 8 Collier County. a political sul)division of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of thc Lien and hereby cancels the Lien. The Clerk of the Circuit Court is herehy directed to record this Satisfimtion of Lien in the Official Records of Ct)llier County. Florida. to ~,cknowle(Ige that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and rec?yding of this Satisfitction of Lien. I)3' action of the Board this .~.,,.' day of_x.Ze.__~___, 19!)~. ATTEST: DWIGHT E. BROCK. Clerk .. ..... BOARD OF COUNTY COM.MISSIONERS, COIAAEII COUNTY. FLORIDA ('HAIRMAN This instrument prepared I)5': Heidi F...\slmm Assistant County Attorney Office of the County Attorney 3301 East Taminmi Trail Naples, Florida 34112 (941) 774.8400 *** z 5115 OR: 2392 PG: 1685 *** Property Folio No. #5¢;803520003 SATISFACTION OF LIEN KNOW ALL .MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA wns the owner and holder ora certain Lien against: Adela hliazga 1,11-23 Hrmver Ave Kew Gardens. Nh' 11,135 The Lien was recorded on January 16, 1!)9(; in Official Record Book 2138. Page 130!1, in tho Office of the Clerk of the Circuit Com't of Collier County, State of Florida. Tho Lien secures the principal sum of Two Hundrml Forty-five Dollars(S245.00). phm accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 19. Block (;(;, of Marco Beach Unit TWO Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and herehy cancels the Lien. Tho Clerk of the Circuit Court is hereby alii'coted to recm'd this Satisfimtion of Lien in the Offici:d Records of ('ollier County. Flm'ida. It, acknmvledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting thrt~ugh its Chairman, direct s execut ion and recording of this Satisfaction of Lien, by action of the .Board this .: '~ day of ,~.~ ,~.. , 199% ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COI,I,IEII (?OUNTY. FI,ORIDA CH:klRMAN This instrument I)rel)ared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 77,1-8.100 *** 2285116 OR: 2392 PG: 1686 *** RIC m ~.oo Property Folio No. #57381320009 SATISFACTION O F LIEN KNOW ALL MEN BY THESE PRESENTS: That the I1OARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and hohler ora certain Lien a~ainst: Angel Bh, nco II1 323 SW 1:~3''l PI,ce Miami, Fl, 3318,1 The Lien was recorded on March 22.19.q(; m Official Record Book 21(;1. Page 2150, in the Office of the Clerk of the Circuit Cour~ of Collier County, State of Florida. The Lien secures the principal sum of Two Hund,'ed Forty-five Dollars(S2,15.00). plus accrued interest and penalties, if any, and imposes certain obligat ions against real property situated in Collier County, Florida. described as follows: Lot 25, Block 246. MARCO BEACH UNIT SIX Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. acting through its Chairman. direc! s exectl!ion and recording of this Satisfaction of Lien, by action of the Board this .?-;-~ day of ,..~.~z&. , 1991. ATTEST: DWIGHT E. BROCK, Clerk BO:\RD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLO, tt~IDA By: CIt:\IRMAN This inslrunw,ll l)reimred by: Heidi F. Ashlon Assistant County Attorney Office of tile County Attorney 3301 Eas! Tamiami Trail Naples, Florida 3,1112 (941) 77,1.8.10¢} 2285117 OR: 2392 PG: 1687 *** ~c Hi 6.00 CO?I~S 1,00 Property Folio N.. #52a527(;000,q SATISFACTION OF LIEN KNOW AIA. MEN BY THESE I'RESI';NTS: That Ihe BOARD OF COUNTY COMMISSIONERS OF COI.I2LR CObNTS, FLORIDA was the owner and holder ora certain Lien .gainst: Eric A M;,nd(.ll (;¢)17 [)inc, llidgc; lid , (¢¢ Naples. FL ,13.1.t,I The Lien was recto'deal on April 8. 199(; in Official Record Book 2167, Page 1778. in the Office of the Clerk of tile Circuit Court of Collier Cotmty, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S2,15.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collie,' County, Florida, described as follows: Lot 2, Block H KINGS LAKE. Unit No. 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of l)ayment in full satisfi~ction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier Cmmty, Florida, to acknmvledge that the I.ien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action ofthe Board this 2 ,..day of .'z/... , 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 3,1112 (9413 774-8400 ..85115 OR: 2392 PG: 1688 *** El7 Property Folio No. #(;24113(;0005 ~ATISFACTION OF I,IEN KNOW AI,I, MEN BY TI IESE PRI';SENTS: Th.t lh(: IlOARI)OF COUNTY CO*IMISSIONERS OF C,OI,I,II'A{ COIJNTY, FI,OI{II)A wns the owner and holder of a certain Lion against: A u.,41;, nrlisvhr. (::,lJilr,lis I,iege nsc:ha Ii en AG Sauerwiesweg 8 G200 Wiesharlen Germany The Lien was recorded on January 3. 1997 in Official Record Book 22G8, Page 0116, in the Office of the Clerk of tho Circuit Court o£ Collier Cmmty. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any, and imlmses certain obligations against real property situated in Collier County. Florida. descrihed as follows: Lot 32, Block 3. Naples Park. Unit No. 1 Collier County, a political suhdivision of the State of Florida. hereby acknowledges rocoil)t ofpayment in full satisfitction of tho Lien and horehy cancol~ tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, [vim. ida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of Cmmtv Cmnmissioners of Collier County, Florith~, acting through its Chai,'man, directs executior, and recording of this Satisfaction of Lion. by action of the Board this.. -, - day of ATTEST: DWIGHT E. BROCK. Clerk BOARI) OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAIRMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of t he County Attm'nvy 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8400 *** 2285119 OR: 2392 PG: 1689 *** R~C H! ~,oo Property Folio No. #578(;t)200006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNT%' COMMISSIONERS OF COIA,IER COUNTY, FLORIDA ~vas the owner and holder of a certain Lien aeainst: Th.mas ,I l,iska 1515 N Williams St, River Fm'c's~. IL 6(1305 The Lien was recorded on April 21. 19:15 in Official Record Book 2051. Page 1164. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Six Hundred Eight>' Doilars($680.00). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as follows: Lot 8 Block 333 of Marco Beach Unit Ten Collier CounW. a 1)olitical subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby dirc?cted to record this Satisfitction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of C,unty Commissioners of Collier County. Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by acti(m of the Board this ,; ? day of ,~,/, . 19~.~. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (,HAIRMAN This instrunlent prep;u'ed hy: Heidi F. :\.,,Im,n Assistant Couaty Attorney Office of tho County Attm'ney 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8,100 2285120 OR: 2392 PG: 1690 *** Property F. lio No. #357611(;0005 SATISFACTION OF LIEN KNOW ALL .MEN B'~ ..... " 1 HESI, PRI';SENTS: That the BC)ARD OF COUNTY COMMISSIONERS OF COI,I,IER COIYNTY, I'~I,ORIDA was the owner and holder ora certain Lion against: Craig I,. Moffi.rt. Truslev Trustee of Wilkinson- ML. ffi~rt 3(;90 5 Naples, FL :]3999 The Lien was recorded on May 29, 1990 in Official Record Book 1532, Page 0591, in tho Office of the Clerk of the Circuit Com't of Collier County, State ef Florida. Tho Lien secures the principal sum of One Hundred Seventy-five Dollars(S175.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 4, Block ,t0. Unit 2 Part -- GOLDEN G:VI'E Collier County, a political subdivision of tilt? State of Florida. hereby acknmvledges receipt of payment itl full satisfaction of the Lien and hereby cancels the Lien. Tho Clerk of tho Circuit Court is herehy directed to record this Satisfilction of Lien in tho Official Recto'ds of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien. hy action of tile Board this ,? - clay of .(,/._ . , l!),qg. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COI.,LIER COUNTY, FLORIDA CHAIRMAN This instrument prel)ared I)y: Heidi F. Ashton Assistant County Attorney Office of the Connty :\!lorm'y 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. #357(;1320007 SATISFACTION OF LIEN I{NOW ALI, ,MI';N BY THI';SI'; I'I{I';SI';NTS: That the i]():\Ri) OF COUNTY COMMISSIONLRS OF COI,I, II';I~ ,OUNq'~, FI,OI{IDA ~vas the owner and holder ora certain Lien against: \Vilkinson-Meffert Construction Company, Inc. 1833 State lb)ad !)51 Naples. FL 33999 The Lien was recorded on November 3, 1988 in Official Record Book 1392, Page 0685, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the 1)rincipal sum of One Hundred Twenty Dollars(S120.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Lot 8, Block 40, UNIT 2. GOLDEN GATE Collier County, a political sul)divisioa of thc' State of Fh)rida, hereby acknowledges receipt ofl)ayment in full satisfaction of tho [,ien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby dirccted Io record this Satisfi~ction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs 'execution and recording of this Satisfaction of Lion, hy action of the Board this ~ '-< day of :-~ d_ . , 199~. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ' CH^Iit,TX' ' - This instrument I)relmred by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Flm'ida 3,1112 (~41) 774-8400 Property Folio .qATISF,,\CTION OF I,IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COU'NTS, FLOR1DA was the owner and holder of a certain Lien against: Wilkinson-Meffi:rl Construction Company. Inc. 1833 State R,,,d :)51 Naples, FL 3399:t The Lien was recorded on November 3. 1988 in Official Record Book 1392, Page 0687, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Tho Lien secures tho principal sum of One Hundred Twenty Dollars(S120.00), plus accrued interest and l~enalties, if any. and imposes certain obligations against real property situated in Collier Cmmty. Florida, described as follows: Lot 9, Block 40, Unit 2, GOLDEN GATE Collier County. a political suhdivision of the State of Florida. hereby acknowledges receipt of pay~nent in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed m record this Salisfimtion of l,ien in the Official Records of Collier County. Fh)rida. t(, acknowledge that the Lien ceases Io exist. IN WITNESS WHEREOF. the Board of County Commissimmrs of Collier County. Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this ; ,- (lay of , ,~,( - , 199~. ATTEST: DWIGHT E. BROCK. Clerk BO:\I/I) OF COUNTY COMMISSIONERS. COI,LIEil COUNTY. FLORIDA CHAIRMAN x This instrument prei)ared by: Heidi F. Ashton Assistant County Attorm,y Office of the County Attorm?y 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 774-8400 2255123 OR: 2392 PG: 1693 *** Retr,: Property Folio No. #35761320007 SATISFACTION OF IAEN KNOW ..il,l, .MEN I',3' 'I'tlESI'3 I'iU';SI'3NTS: 'l'h,{ ~lu: IVh\RD OF COUNTY COMY. IISSIONERS OF COI,I,IEI~, (~¢11 }NTY, FI,OIHI):\ was the mvner and holder ora certain Lien against: Wilkinson-Meffer! Construction Company. Inc. 1833 State Road 951 Naples. F1 33,}.),) The Lien was recto'deal on October 12. 19!)2 in Official Record Book 176¢). Page 1062. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 8 Block 40. [,"nit 2. P..\RT--GOLDEN (;ATE Collier County. a political subdivision of the State of Florida. hereby re:knowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record thin Satisfi~ction of Lien in tho Official Recto'ds of Collier County, Florida, to acknowledge that tho Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this _v ,-. day of , i', ~[ · , 1.qg~. ATTEST: DWIGHT E. BROCK, Clerk '~.., .~..,~.,:¢. ..... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNI%', FLORID:\ CHAIRMAN This instrument prepared by: Heidi F. Assistant County Attorney Office ot the County Attorney 3301 Eas~ Tamiami Trail Naples. Florida 34112 (941) 774-8,100 2285124 OR: 2392 PG: 1694 *** 160 3 Property Folio No. #5775020(~0¢)(; SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder ofa certain Lien against: Euestolio Leal Socorro San!illan 2,133 S 60'h CT Cicero. IL f;0f;50 The Lien was recorded on ,January .3. 1997 in Official Record Book 22(;8, Page 0130, in the Office of the Clerk of the Circuit Cour! of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Forty-five Dollars(S245.00), plus accrued interest ant[ penalties, if any. and imposes certain obligations against real 1)roperty situated in Collier County. Floridn. described as follows: Tract of land described as follows, Lot Four (4). Block Two-Hundred-Ninety-Eight (298), of Marco Beach Unit Eight (8), a subdivision according to the plat thereof, recorded in Plat Book Six (6), Pages Sixty- Three anti Sixty- Eight ((;3 & 68), ofthe public records of Collier County, Florida. Collier Count)', a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this .; *: day of ./!" / , 199~. ATTEST: DWIGHT E. BROCK, Clerk BO..\I{I) OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA CHAII~MAN This instrument l)rel)areal l~y: Heidi F. Ashton Assistant County ;\ttm'ney Office of the County Attm'ney 3301 East Tamiami Trail Naples, Florida :14112 (941) 774-8400 Property Folio No. #001222,100()7 SATISFACTION OF LIEN. KNO\V ALL MEN BY THESE I~RI';SENTS: That the BO:\RD OF COUNTY COMMISSIONERS OF COI,12ER COUNTY, FI,ORIDA was the turner and holder of a certain I.ien a~ainst: William D. Roberts P. O. Box Imm{~kalm', The Lien was recto'deal on *larch 2,1, 1~),93 in Official Record Btmk 18{)8, Page 1011, in the Office of the ('lerk of lhe Circuit Cmn't .f C{fllier Cmmty. Stale ~,t' FIm'ida. The Lien secures the principal sum of Five Hundred Ninety- nine Dollars($~)D.O0), plus accrued interest and penalties, if any, and imposes certain obligatim~s against real property situated in Collier County, Florida. described as follows: Beginning at the Southwest corner of the Southwest Quarter (SWI/4) of the Northwest ~uarter (NWl/4) of Sectirm 4, in Township 47 South, Range 2~1 East, th{me{* Norlh :1 degrt,es (};I minutt,s W~,si ahmg ih{' WVsl }.mndary ~}1' said S(,cl i.n ,1 3:111 fi,et, thence North 8(; degrees 21 minutes East 1(; V: fi~et to the East boundary of the county road and the lmint of beginning-f the land }l~rt*by collv(,yl,d: tll~.nc~, Nm'th :/degrees 0:1 minutes West and along lhe Easl side ~fsaid c(mnly r{md 82,1 fi,el l(~ an intersecliml with the West houndary-f Slale Il{md N-. 1(;.I: l}u,nct, ~11}11~ lbo Wvstm'ly and Southerly boundary of said Slate Ihmd N~. 1(;,I in }m I,;asterly direction a distance of 1005.3 feet to the North Boundary of the I:md of W. D, Roberts. which point is due East of the point of beginning: thvnce Soul h 8(; degrees 21 minutes West along the North houndary (~f said W. D. R{~b{,rts land 5,13 '/2 fee~ lo the point of beginning, containing 4.13 acres, more m' less. Collier County. a Imlitical sul)division of lhe State of Florida, hereby acknowledges receipt of paymeut in hill salisfmtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisthction of Lien in the Official Recto'ds of Collier County. Fhwida, ~o acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of C{mnty Commissioners of Collier County, Florida, acting t h rough its Chairma n, direct s execut ion and recording of this Satisfi~ction of Lit, n. by action of the Board this -~:.day of .~-~_. ,, l[)f)$. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORID:\ (,HAIRMAN