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Agenda 09/13/2016 R Item # 9A 9.A 09/13/2016 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 43.2± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add R1 district parcels for 66 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district; by increasing the reserve and right of way; and by providing an effective date. The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida consisting of 2,256.8± acres for the entire Pelican Marsh PUD [PDDR-PL20140002211]. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Pelican Marsh DRI/PUD was originally approved in Ordinance Number 93- 27 and it along with four subsequent ordinances have been repealed. The current Ordinance Number 2002-71 was approved on December 17, 2002. (Please see attachment: Ordinance Number 2002-71.) The petitioner proposes the addition of 43.2± acres of land zoned Rural Agricultural (A) into the Pelican Marsh PUD for a maximum of 66 single-family detached dwelling units. The proposed 66 dwelling units are within the previously approved threshold of 4,800 dwelling units. The petitioner also proposes a new ingress/egress point from Livingston Road through an existing reserve (now known as a preserve) area. The Pelican Marsh PUD currently exceeds the required preserve area, and it will continue to exceed the required preserve area by approximately 125.47+ acres (371.9 acres preserve area provided minus 246.43 acres preserve area required is 125.47±acres). The additional land has been designated as R1 and Reserve on the Master Plan, and RI land uses and development standards have been added to the PUD document. The development standards for the R1 area are the same as the previously approved single-family detached development standards except when new standards(in italics) are noted below: - A minimum lot area of 7,500 square feet; - A minimum lot width of 75 feet; - A front yard setback of 25 feet; - A side yard with a side loaded garage setback of 15 feet; - A principal side yard setback of 7.5 feet and a new proposed accessoiy setback of 5 feet; - A principal rear yard setback of 20 feet and a new proposed accessoiy setback of 10 feet; - A principal preserve setback of 25 feet and an accessory setback of 10 feet; - A maximum zoned building height of 35 feet and a new proposed actual building height of 40 feet; Packet Pg. 68 9.A 09/13/2016 - A distance between principal structures of 15 feet and a new proposed distance of 10 feet for accessory structures; - A minimum floor area of 1,800 square feet. The Legal Description in the PUD document has been revised to include the additional 43.2+ acres. The Native Vegetation Requirements in Section 2.18 of the PUD document have been clarified to identify 371.9+ acres of retained native vegetation. A scrivener's error in Ordinance No. 2002-71 which omitted 141.6+ acres east of Livingston Road on the Master Plan has been corrected. The Master Plan has also been revised to show the additional 43.2+acres of land and an access point from Livingston Road. FISCAL IMPACT: The PUD rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP)IMPACT: Future Land Use Element(FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) contingent upon the companion GMP amendment application first being approved/adopted. A more detailed description of the GMP consistency is contained in the staff report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC acting as the local planning agency heard petition PUDR-PL20140002211, Pelican Marsh Planned Unit Development (PUD) on July 21, 2016, and by a vote of 5 to 0 recommended to forward this petition to the Board with a recommendation of approval subject to the following stipulations, all of which have been incorporated into the PUD document: 1. The applicant's revised Landscape Buffer Plan that was presented to the CCPC shall become part of PUD Document. 2. The PUD reference to"Marsala Tiburon Golf Course" shall be clarified to reference the"Tiburon Golf Course"that is located adjacent to Marsala. 3. A Deviation related to splitting a preserve shall be added to the PUD Document. 4. The Development Standards footnotes shall be corrected per County Attorney edits. 5. A PUD commitment shall be made that the applicant shall make their best efforts to obtain a directional left turn from Livingston Road into the site. The CCPC also acting as the EAC (Environmental Advisory Council), recommended to forward this petition to the Board with a recommendation of approval by a vote of 4 to 1. Letters of objection have been received and citizens who object to the petition have presented at the Packet Pg. 69 9.A 09/13/2016 CCPC. Therefore,the petition has been placed on the regular agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Pelican Marsh PUD (Ordinance No. 2002-71, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring the adequacy of available improvements and facilities,both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Packet Pg. 70 9.A 09/13/2016 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the staff report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) Packet Pg. 71 9.A 09/13/2016 RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends approval of the petition for PUDR-PL20140002211 Pelican Marsh Planned Unit Development (PUD), subject to the CCPC stipulations. Prepared by: Nancy Gundlach,AICP,PLA,Zoning Division, Growth Management Department ATTACHMENT(S) 1. Staff Report-PUDR-PL20140002211-Pelican Marsh Planned Unit Development (PDF) 2.Location Map 4-8-16 (PDF) 3.Master Plan-4-22-16 (PDF) 4. Ordinance-081516 (PDF) 5. [Linked] Ordinance 2002-71 [Pelican Marsh] (PDF) 6. [Linked] Transcript Pelican Marsh NIM 9-2-15 (PDF) 7.Transcript Pelican Marsh NIM 5-2-16(FINAL) (PDF) 8. [Linked] Letters of Concern (PDF) 9. [Linked] Packet from Linda Joyce, a concerned resident (PDF) 10. Disclosure of Interest Information (PDF) 11. [Linked] Application 7-27-16 (PDF) 12. Deviation Justifications 7-22-16 (PDF) 13. Legal Ad-Agenda ID 17330000 (PDF) Packet Pg. 72 9.A 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 43.2+ acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add Rl district parcels for 66 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district;by increasing the reserve and right of way; and by providing an effective date. The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida consisting of 2,256.8+acres for the entire Pelican Marsh PUD [PUDR-PL20140002211]. Meeting Date: 09/13/2016 Prepared by: Title: Planner,Principal—Zoning Name: Nancy Gundlach 08/01/2016 9:52 AM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 08/01/2016 9:52 AM Approved By: Review: Zoning Michael Bosi Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 10:03 AM Zoning Ray Bellows Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 11:16 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/02/2016 9:25 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/08/2016 5:05 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/10/2016 10:27 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/10/2016 11:18 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 5:05 PM Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:25 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 12:49 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 73 ucoiied ££L4) ;ualudolene®;lufl Pellucid L{satW ucolied-64ZZ000 .OZ1d-2IGld-;JodeN }}etg :;uewgoet�d ca v AGENDA ITEM 9-C d� a a) CO 'ter County a. STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 3, 2015 SUBJECT: PUDR-PL20140002211, PELICAN MARSH PUD (PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO DOA-PL20140002309, PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI)) APPLICANT/CONTRACT PURCHASER: Applicant/Contract Purchaser: WCI Communities,LLC 24301 Walden Center Drive Bonita Springs, FL 34134 PROPERTY OWNERS/AGENTS: Property Owners: Agents: Robert J.Haaga D. Wayne Arnold Tiburon Golf Ventures Q. Grady Minor and Associates, P.A. Vanderbilt Beach Road Land Trust 3800 Via Del Rey Mary Longer Tr Est, Trustee of the Bonita Springs, FL 34134 Mary V. Longner Living Trust Richard D. Yovanovich, Esquire Coleman, Yovanovich& Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 NOTE: Over 3,200 parcels within the DRI have been sold to others. 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REQUESTED ACTION: ctsa The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of and adding 31.39± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add RI district parcels for 75 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance Na. 2002-71141.6± 7 which omitted acres east of Livingston Road; byadding add g an access point to Livingston Road; by providing development standards for the R1 district; by reducing the reserve by 2 acres; and by providing an effective date. GEOGRAPHIC LOCATION: The subject property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida. The entire Pelican Marsh PUD consists of 2,245± acres (Please see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Pelican Marsh DRI/PUD was originally approved in Ordinance Number 93-27 and it along with four subsequent ordinances have been repealed. The current Ordinance Number 2002-71 was approved on December 17, 2002. (Please see Attachment: Ordinance Number 2002-71.) The petitioner proposes the addition of 31.39± acres of land zoned Rural Agricultural (A) into the Pelican Marsh PUD for a maximum of 75 single-family detached dwelling units. The proposed 75 dwelling units are within the previously approved threshold of 4,800 dwelling units. The petitioner also proposes a new ingress/egress point from Livingston Road through an existing reserve (now known as a preserve) area. While the addition of the new ingress/egress point will reduce the previously approved reserve/preserve area by 2 acres, the Pelican Marsh PUD will exceed the required preserve area by approximately 114.92± acres (358.4 acres preserve area provided minus 243.48 acres preserve area required is 114.92±acres). The additional land has been designated as R1 on the Master Plan, and RI land uses and development standards have been added to the PUD document. The development standards for the R1 area are the same as the previously approved single-family detached development standards except as noted below: - A minimum lot area of 7,500 square feet - A minimum lot width of 75 feet - A front yard setback of 25 feet PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 5 of 19 uealiad : ££LG} tuawdolanaa tluft pauueld ysaetAl ueollad-1.4ZZOOOVI,Ofd-N®ftd-taodall gels :3uewgoe44v ci cita) - A side yard with a side loaded garage setback of 15 feet a - A principal side yard setback of 7.5 feet and a new proposed accessory setback of 5 feet - A principal rear yard setback of 20 feet and a new proposed accessory setback of 10 feet - A principal preserve setback of 25 feet and an accessory setback of 10 feet - A maximum zoned building height of 35 feet and a new proposed actual building height of 40 feet - A distance between principal structures of 15 feet and a new proposed distance of 10 feet for accessory structures; and - A minimum floor area of 1,800 square feet. The Legal Description in the PUD document has been revised to include the additional 31.39+ acres and the Native Vegetation Requirements in Section 2.18 of the PUD document have been clarified to identify 358.4+ acres of retained native vegetation. A scrivener's error in Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road on the Master Plan has been corrected. In addition, the Master Plan has been revised to show the additional 31.39+ acres of Iand and an access point from Livingston Road. SURROUNDING LAND USE AND ZONING (as related to the access road and subject property to be added to PUD): North: Preserve and residences within the Hamilton Greens PUD, a 29.68+ acre residential PUD with a density of 2.96 dwelling units per acre and Wilshire Lakes PUD, a 246.41+ acre residential PUD with a density of 2.2 dwelling units per acre East: Preserve and residences within the Wilshire Lakes PUD, a 246.41+ acre residential PUD with a density of 2.2 dwelling units per acre South: Preserve, golf course and then residences (Marsala at Tiburon) located within the Pelican Marsh PUD, a 2214+acre mixed-use PUD with a density of 2.16 dwelling units per acre West: Livingston Road and then golf course (Tiburon) within the Pelican Marsh PUD, a 2214+ acre mixed-use PUD with a density of 2.16 dwelling units per acre PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 6 of 19 ueo!lad : ££Lt) luawdolaAea un pauue!d gwew ueo!led-66 ZZ000tr60Z1d-2lofid-t+�odeN t;e}S :;uawgoetty ca o d co aiCL. a-. '- 1 . 1 i1 'r;; `, „ ate 114 ' r�rgietK . RS Proposed Access II . .Claw:maCsg 'I . , '•44 t "' Roadway �.,- �► ,.., ',�� 4.;,, \,, ...,41.1 .,: K �/LY '1 I ",•• 4 Iirt. t‘ \ ''''; ''', /�r' ' .�- _ it R'Y ••{ ."4"- "4 "'-' d- yarn` Ii...-17A, Subject Property '� a- ` ,^ , ' 1 0.. being added to PUD • „} te,{ _ 4 ,, $ I 1 .� tfi�j' d7.„11.„1„,`O--1 11” 1 `6. 4r, —-ii, eta t • ';ale ' .t ' ui-jir . .,I F X40 ' .,; , � • , f • { r tea, 1 V ' . ' � r xr Y 4 # 1 ltd^A + r iy. j r� +4 Ar:,- •: 7$ t .�` yJ i I,tl Y J M�, 4-* Yfrt a T�L; '•1 � '4(.'�'�I t �. 3idNwoal C.R' � 's f t) 'M �, fAd hAPg731V� h � � - '11 , : �� Current PUD w, zr;,;MO." �:1dev a uc it 2;w ..a Boundary cs�ai� ,n .1CR �� &'a 1t 1�..., ._._ -. r. ''fir � 1 I 4 4;,1N 1 44'.4 \ 4.;,Cn7"Pif L'aunMPwpmtV 1u¢:nrx,r,Naa wn r_irtq-'• • i AERIAL PHOTO—far away (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUB.) PELICAN MARSH PUD, PUDR-PL20140002211 November 19,2015 Page 7 of 19 Ueollad : ££L4) luewdoIeAea 4lun Pauueld us.AeW ueallad-6.1-ZZOOOP60Z1d-214fld-laodall };els :luawyoe44 f ca co Q 6 of O- r m Imo:" `�. `t, i ` timLi Cta Vis;- �� Ril �'�` as . l Proposed Access r Roadway ' 1 + -A a aF l ,> I ' 1 ...... ilii M 1 1 H te. i -I } I I �� I� Subject Property '_. { P,,, 't -*.' _--, �4� ,` II being added to PUD ,,„0 & t 5 . u t i8 ; 1 ° 4 pi'wi 40, h lv �.. Ili r ,; 1,0-`'.;'4, ;' 'AJ F , ,, 7M1 tt9 ; • 1, it r I rti 1 -fit , � .r Y. li I -- ' 1 : '- , k• ', 1 4464's *--.11 IA* e fi :.'il.t. ' 1 .1 1 e ,11.!: 1 .T ? r' 3Current PUD t ,i,I ,c' i ,f `' , 1 YJ Boundary ,_.---..:-1,4, 1 • 1► I �d 1 d sa n I 1 ,, '''''',4 1114 �; t7anmr�CavnlyNaYartylipDrazarr 1440.a ,,;:,,1.x 4 t'"gr r l.rt�q.,{� iyt� .2ft ,` q.��yyr�(y�. u�A;v.v �+ :9�'g � '\. CJ_+-p;� ,IiiIN $C�`7 �""1-4� "Iii'YLL: AERIAL PHOTO - close up (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUD.) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject site is approximately 32± acres and is identified as Urban Designation, Mixed Use District, Urban Residential Subdistrict in the Future Land Use Plan (FLUE) Element of the Growth Management Plan. The existing MPUD (Mixed Use Planned Unit Development) has multiple future land use designations and is eligible for 3+ DU/A (dwelling units per acre). The petitioner has requested that the ±32 acres of the subject site be rezoned from A, Rural Agricultural Zoning District to the Pelican Marsh Mixed Use Planned Unit Development(MPUD). This proposed MPUD zoning would allow up to a maximum of 75 residential dwelling units, but without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.25 DU/A [4,800 DUs / 2,133.6 acres (2,213.6 acres less 80 acres of commercial)] to the proposed 2.22 DU/A [4,800 DUs / PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 8of 19 ueallad : ££L4) luewdolanaa ;lun Pauueld gs.ae j uca!lad-I-I ZZ 000171.OZ1d-2{and- aodati gels :tuew1pe;;y Rf N 03 C, Cr) 2,165.6 acres]. No changes are proposed to commercial uses or acreage, golf course, school site, etc. Therefore,the proposed density is consistent with Future Land Use Element(FLUE). °' In reviewing for consistency with Policy 5.4 of the FLUE (policies shown in italics) for the purpose of promoting sound planning, protecting environmentally sensitive lands and habitat for listed species while protecting private property rights, and ensuring compatibility of land uses, staff provides the following analysis in bold text. FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition. Please see the "Zoning and Land Development Review"section of this Staff Report.] In reviewing for consistency with Objective 7 and the related Policies of the FLUE regarding Smart Growth principles (interconnections, loop road, sidewalks/trails, etc.) staff provides the following analysis in bold text. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. ["Exhibit D, MAP H3" (Revised Map H), Master Plan, depicts a potential access road going through the Pelican Marsh Reserve District. This access road would connect the additional 32± acres to Livingston Road, which is a Minor Arterial (Urban and Rural) road as identified in the Transportation Element of the Growth Management Plan. As part of this application, the petitioner has requested to reduce the Reserve District by 2 acres to allow for this potential access road and to add an access point on Livingston Road. The proposed connection to the arterial road is consistent with Policy 7.1.] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [A new access point is proposed onto Livingston Road to serve the proposed 32-acre expansion for proposed 75 DUs (dwelling units). All access to the 75 DUs will be from this new access road.] FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. ["Exhibit 3, Evaluation Criteria" in the application stated, "No interconnections to the adjacent Marsala at Tiburon or Wilshire PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 9 of 19 ueoned : ££L4) ;uewdoiena®;lufl peuueld ysaew oraslad-44 ZZOOOtb4OZ1d-21®Ild-PodattetS :;uewipe;;d M t4 � Q a) Q) a a, Lakes communities are proposed. Both are developed, gated communities and a interconnection is not practical or feasible." Staff concurs.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The existing MPUD is approved for a variety of land uses, including 80 acres of commercial; 4,800 residential units; golf course; school; and conservation areas, and is significantly developed. PUD Section 8.11A. provides for substitutions to subdivision regulations pertaining to sidewalks, generally requiring a sidewalk or bike path on one side of the street only. Staff recommends this 32-acre expansion site be required to provide sidewalks as required by the LDC.] Staff reviewed the companion DRI Amendment separately. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR [Annual Update and Inventory Report] or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard [LOS] within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed rezoning will generate approximately 81 p.m. peak hour, peak direction trips on the immediately adjacent link, Livingston Road. Livingston Road is a six-lane divided facility that has a current service volume of 3,100 trips, with a remaining capacity of approximately 1,384 trips between Immokalee Road and Vanderbilt Beach Road; it is currently at LOS "C" as shown in the PELICAN MARSH PUD, PUDR-PL20140002211 November 19,2015 Page 10 of 19 ueo!Iad : EEL4) luatudolanea }!un pauueld gsieW uea!lad-I4-ZZOOOb60Z1d-.8and-4Jode1 WIG :;uawgoen;t{ ca v °° ci a m 2014 AUIR. Staff also evaluated the LOS for this road segment based on the yet to be adopted 2015 AUIR which indicates the same service volume of 3,100 trips, and a remaining capacity of °' 1,424 trips and the same LOS "C." Staff also notes that, as outlined in the Transportation Statement provided by the applicant, the proposed rezoning is not proposing additional dwelling units. Therefore, the proposed project does not significantly impact adjacent roadway links. There is sufficient capacity to accommodate this PUD Rezone within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element. A minimum of 243.48 acres of native vegetation are required to be retained for the PUD. Existing preserves within the PUD exceed this requirement, with 358.4 acres of retained native vegetation identified as Reserve on the PUD master plan. According to the environmental data provided with the application for PUD amendment, approximately 17.28 acres of jurisdictional wetlands are to be impacted within the lands to be added to the PUD. The Uniform Mitigation Assessment Method (UMAM) assessment functions of these wetlands are between 4 and 7 based on the UMAM assessment provided for the Environmental Resource Permit (ERP) application, on line at the SFWMD (South Florida Water Management District) web page. According to the ERP application, another 2.32 areas of jurisdictional wetlands will be impacted for construction of the proposed access road through the existing preserve within the PUD. Wetland mitigation credits required for these impacts are 10.38 and 1.53,respectively, according to the ERP application. In accordance with CCME Policy 6.2.4, "within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency." The CCME Policy further states that "where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within the area." Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the FLUE, but recommends sidewalks be provided on this 32-acre addition per the LDC. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Collier County Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly Y referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria a as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following P Yanalyses: PELICAN MARSH PUD, PUDR-PL20140002211 November 19,2015 Page 11 of 19 ueallad CCLI.) luatudolanaa l!un pauueid c{s' EN ueotad-I,I-ZZOOOtI,OZld-2lGfld-ppode j4e49 :�uauayoe}}y cc co cai °- a) Environmental Review: Environmental Planning staff has reviewed the petition and the PUD a document to address environmental concerns. Impacts to a previously approved preserve are proposed and a deviation from an environmental standard is required. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances, the project requires review by the Environmental Advisory Council (EAC). LDC section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for a driveway to access the land to be added to the PUD will make the preserve less conforming and therefore require a deviation from the LDC provision. As with other deviations to the LDC, the deviation is required to be included in the PUD document. In order for staff to evaluate the request, staff reviewed PUD records on file at the County. Habitats present within the preserve consist predominantly of a mix of pine and cypress, with smaller areas of pine flatwoods within the preserve. Given this information, staff would recommend not altering the proposed alignment of the roadway, thus keeping the roadway near the periphery of the preserve in order to minimize impacts to the preserve. Such an alignment would also be expected to have the least impact on listed species within the preserve. Listed species likely the preserve would be wadingbirds and alligators, both of which have been seen to occur within p eser g , by residents in the water management lakes of the golf course adjacent to the preserve. Stipulation for approval: LDC section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for a roadway to access the land to be added to the PUD will make the preserve less conforming and will therefore require a deviation from the LDC provision. The deviation from this LDC provision shall be included in the PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Collier County Public Schools (CCPS) District Review: CCPS staff has reviewed the petition and has concluded that there is sufficient capacity for the proposed development within the elementary and middle concurrency service areas and within an adjacent high school concurrency area. This finding is for planning and informational purposes only and does not constitute either a determination of capacity or concurrency for the proposed project. At the time of site development plan or plat, the development will be reviewed for concurrency. This is to ensure that there is capacity either within the concurrency service area that this development is located in or within adjacent concurrency service areas such that the level of service standards are not exceeded. Zoning and Land Development Review: As previously stated, this PUD rezone petition adds 31.39± acres of land zoned Rural Agricultural (A) and an additional access road through an PELICAN MARSH PUD, PUDR-PL20140002211 November 19,2015 Page 12 of 19 Ueollad : ££LI-) luausidolenap ;lun pauueld ysaeLN ueoliad-GI-ZZ OOOIGOZld-2JQfdlpodeJ jtetg :luawgaelltr is co Q co ei a 9- a) existing reserve/preserve into the Pelican Marsh PUD for a maximum of 75 single-family detached m dwelling units. a Staff has conducted a site visit and finds the proposed single-family development is generally compatible with the surrounding single-family residences,reserve/preserve area and golf course. However, the existing neighbors to the south and east located within Marsala at Tiburon and Wilshire Lakes have expressed concerns via letters of concern (see attachment) and at the NIM (Neighborhood Information Meeting) regarding the impact of the proposed residences and access road through the preserve to their homes. Staff is concerned about the impact of the automobile headlights from the proposed access road and proposed development on the existing residences located in Marsala at Tiburon and Wilshire Lakes. Therefore, Staff has requested and the applicant has provided additional landscape screening in the form of a Type B Landscape Buffer along the areas that are impacted. The Type B Landscape Buffer language has been added to Section 2.11 "Landscape Buffers, Berms, Fences and Walls" of the PUD document. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staffs responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP). 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential lands. The residential land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 13 of 19 ueoiiad ;uawdoteA3G;iufl pauue{d qsaeL' ueoabad-14Z3OOOt71.0Z1d-29®fld-poda8 ge;S :;ueuayoellY n ca Q a ci 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add an additional 31.39+ acres of land and an access roadway to the Pelican Marsh PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall density and intensity of residential land uses allowed by the current PUD are not exceeded in the proposed PUD rezone. However, the residents expressed concerns about the impact of the proposed homes and access road on their homes. To minimize the impact of the automobile headlights, Staff has requested a Type B Landscape Buffer which the applicant has agreed to provide. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)/Plans and Plat review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposedposed changee will not seriously1 reduce lightht and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 14 of 19 e3!led : fi£L .) }uawdolanaa hull pauueld qsi j ueollad-6 GZZOOOiI.Orld-2Klfld-poda e �! �t lS :;uauayoelw Q aD ao a Staff is of the opinion this PUD rezone will not adversely impact property values. However, ca zoning by itself may or may not affect values, since value determination is driven by market °' demand. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the propertysurroundin g the subject ct site is developed or undergoing construction. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 15 of 19 ueollad ££L4) TuawdolaneQ 4luf! pauueld gsaelfJ ueollad-61.ZZ000t740Z1d-2Hafld-4Jode I gels quauagoe11V ca co a m Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. PELICAN MARSH PUD, PUDR-PL20140002211 November 19,2015 Page 16 of 19 Ueollad : ££L4) luawdoIeAoo tluf peuueld ysJen ueo!led-64ZZ000V60Z1d-2i®fld-4Jodej Ile;g :;uauayoe ;y co a. 4- County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives °- and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include • restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. As previously stated, to address the concern of automobile headlights shining into the existing residences from the proposed access road, the applicant is providing a Type B Landscape Buffer along the access road and adjacent to the existing Wilshire Lakes residences. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP) review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on September 2, 2015. For further information, please see Attachment: NIM Transcript. PELICAN MARSH PUD,PDDR-PL20140002211 November 19,2015 Page 17 of 19 ueauad ££L4} luawdofaAa® ;fun pauuefd ysaew uealiad-LIZZ000VV1.0Z1d-2tOfld-tiodeN #;e;, :luauayae;t�{ Ts) a) COUNTY ATTORNEY OFFICE REVIEW: a The County Attorney Office has reviewed the staff report for Petition PUDR-PL20140002211, Pelican Marsh PUD, revised on November 10, 2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDR-PL20140002211, Pelican Marsh PUD to the Board of County Commissioners with a recommendation of approval subject to the following stipulation: 1. A Deviation from the preserve configuration shall be added to the PUD document. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 2002-71 Attachment C: NIM Summary Attachment D: Letters of Concern Attachment E: Exhibit 1-Disclosure of Interest Information PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 18 of 19 uened : ECL ) lueludoleAaa i!un peuueld lieleIN ue3Hed-1.1.ZZ000171,0Z1d-Nand-Poda8 ljelS :luewiloellti M Csi <4 0) C) CL ti o as PREPARED BY: 44 1 \s") A 6 Oct 00 215 NANCY GI 0 i H, AICP, PLA DATE PRINCIPA 1 6 LANNER ZONING D ISION REVIEWED BY: /3/1--------- D V. BELLOWS, ZONING MANAGER 7.7g i i-E-G RAY DATE ZONI DIVISION H -6.-- MIKE BOSI,BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: Atif //I/7hr- Jk,' S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT ---- ,- -.,f2-<7;- .-- - — — ---- (\-:-"•_ 1 061 /is DAVID'S. WILKISON, P.E. 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"VI M. ....''',:,. i:I I I I 1 A . , - • / ° 0 SIM t.--, so ___,__ in 0 I ' 'i oho Z< I , ,,,_ li ..... .„\:It.`.: r...- '',...,..,;......,•,,,..,.., ,., , UllIP, R cc Ilia . cc . ..(rf :-----'.----.. ;A..- ,:f.; :. . i; I .c23.' — . '• . ''' - iiilis .:4 .,11 , " • 1111111111111111 v, :,; L.L. . • < t;I I j •• rpo D cc , •..0. , (.: ,7k Do, 0 . 4- ....: =--.0•ri. 7 .7, w 1F-11771-11-11-1E1FTETT-11-117 I 1 h , 0 , z 9.A.d ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2002-71, THE PELICAN MARSH PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 43.2± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE PELICAN MARSH PUD; BY AMENDING THE PLANNED UNIT DEVELOPMENT DOCUMENT AND THE MASTER PLAN TO ADD Ri DISTRICT PARCELS FOR 66 SINGLE FAMILY DWELLING UNITS; BY T CORRECTING A SCRIVENER'S ERROR IN THE PUD MASTER DEVELOPMENT PLAN TO ORDINANCE NO. 2002-71 WHICH OMITTED 141.6 ACRES EAST OF LIVINGSTON ROAD; BY ADDING o AN ACCESS POINT TO LIVINGSTON ROAD; BY PROVIDING n. DEVELOPMENT STANDARDS FOR THE R1 DISTRICT; BY INCREASING THE RESERVE AND RIGHT OF WAY; AND BY a PROVIDING AN EFFECTIVE DATE. THE PROPERTY TO BE ADDED TO THE PUD IS LOCATED IN THE NORTHEAST QUADRANT OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2,256.8± ACRES FOR THE ENTIRE a PELICAN MARSH PUD. [PUDR-PL201400022111 ; ti WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor& Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing WCI Communities, LLC, petitioned the Board of County Commissioners to amend the Planned Unit Development and change the zoning classification of the herein described property; and WHEREAS, Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, was 0 adopted by the Board of County Commissioners on December 17, 2002, which repealed Ordinance No. 99-90; and WHEREAS, the PUD Master Development Plan attached to Ordinance No. 2002-71 erroneously omitted all of the area east of Livingston Road which had been added by Ordinance No. 99-90; and WHEREAS, Development Order No. 02-04 (Resolution No. 02-507), and the repealed Ordinance No. 99-90, all correctly depicted the 141.6 acres of development east of Livingston Road; and Wordsstruckgh are deleted;words underlined are added. [15-CPS-01451]274 1 of 6 Pelican Marsh/PUDR-PL20140002211 8/15/16 Packet Pg. 95 9.A.d WHEREAS, the Board of County Commissioners desires to correct the scrivener's error in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of approximately 43.2± acres of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida is N changed from a Rural Agricultural (A) zoning district to a Planned Unit Development (PUD) g zoning district, together with the existing Pelican Marsh PUD for an 2,256.8± acre parcel to be known as the Pelican Marsh Planned Unit Development in accordance with the PUD Document N labeled Exhibit A, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Amendment to Title Page of the PUD Document of Ordinance Number a. 95-74, Pelican Marsh PUD. The Title Page of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended to add the following: a 0.1 See Exhibit A attached hereto and incorporated herein. SECTION THREE: Amendment to Statement of Compliance of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. coThe Statement of Compliance of the PUD Document previously attached as Exhibit A to Ordinance Number 95-74,the Pelican Marsh PUD, is hereby amended as follows: (13 =a The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the 'Developer", to create a Planned Unit Development (PUD) on 2213.62256.8± acres of land located in Sections 25, 27, 34, 35, and 36 Township E 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: ************************* Words struckough are deleted;words underlined are added. DS-CPS-01451j 274 2 of 6 Pelican Marsh/PUDR-PL20140002211 8/15/16 Packet Pg. 96 9.A.d SECTION FOUR: Amendment to Legal Description in Section I of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Legal Description in Section I of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended in part as follows: See Exhibit B attached hereto and incorporated herein. SECTION FIVE: Amendment to Section 1.6,Density of the PUD Document of Ordinance Number 95-74, Pelican Marsh PUD. CD CD The Section 1.6, Density of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended as follows: 1.6 DENSITY a Acreage of the Pelican Marsh Community is approximately 2211 2256.8 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross N project density,therefore,will be a maximum of 2-1-6-2.13 units per acre. cts At all times all property included within the Pelican Marsh Community shall be included in determining project density, including property reserved or dedicated for public uses, a such as, but not limited to, public roadways. M SECTION SIX: Amendment to Section II, entitled "Project Development" of the PUD Document of Ordinance Number 95-74, Pelican Marsh PUD. o Section II, entitled "Project Development" of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended as follows: 0 See Exhibit C attached hereto and incorporated herein. E SECTION SEVEN: Amendment to Section III entitled "Residential Land Use District" of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. Section III entitled "Residential Land Use District" of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, is hereby amended in part as follows: See Exhibit E attached hereto and incorporated herein. Words,truck through are deleted;words underlined are added. [15-CPS-01451]274 3 of 6 Pelican Marsh!PUDR-PL20140002211 8/15/16 Packet Pg. 97 9.A.d SECTION EIGHT: Amendments to Section VIII entitled "General Development Commitments" of the PUD Document of Ordinance Number 95-74, Pelican Marsh PUD. Section VIII entitled "General Development Commitments" of the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74,the Pelican Marsh PUD, is hereby amended as follows: ************************* 8.3 MASTER PLAN The Master Plan, Map H-3 (revised 4-20-16) attached hereto as Exhibit "A" (Johnsen Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be �* flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. a. N The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the o Developer. a N ************************* 8.6 SUNSETTING raU This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7., a Section 2.7.3.4. of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which govern. �n ************************* 8.7 TRANSPORTATION 0 Q. The developer shall utilize their best effort to obtain a left directional access to the "Rl" residential area on Livingston Road, at the time of Plat/Plan approval. co County in the exercise of its police power has sole discretion on the opening or closing of all medians. ************************** 8.8 WATER MANAGEMENT ************************* Words struck through are deleted; words underlined are added. [15-CPS-01451] 274 4 of 6 Pelican Marsh/PUDR-PL20140002211 8/15/16 Packet Pg. 98 9.A.d J. The Water Management System for the "Ri" residential area shall discharge into the existing Pelican Marsh Reserve Area, so as to maintain pre-existing hydrologic connections, in accordance with the LDC at time of SDP or plat approval of the RI residential area. ************************* 8.17 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. a. Tl B. All other applicable state or federal permits must be obtained before a commencement of the development. o. SECTION NINE: Amendments to PUD Master Development Plan of Ordinance Number 95-74,Pelican Marsh PUD. Exhibit A, Master Development Plan to the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74, the Pelican a Marsh PUD, is hereby deleted in its entirety and hereby replaced with Exhibit "A", PUD Master M Development Plan attached hereto and incorporated herein as Exhibit"F". ti SECTION TEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. m U N PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2016. o a� E ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Words struck through are deleted;words underlined are added. [15-CPS-01451]274 5 of 6 Pelican Marsh/PUDR-PL20140002211 8/15/16 Packet Pg.99 9.A.d Approved as to form and legality: btu Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Title Page Exhibit B—Property Description Exhibit C— Section II of PUD Document Exhibit D—"Ri" Residential Area Buffer Exhibit Exhibit E— Section III of PUD Document Exhibit F—Revised Master Development Plan, Exhibit A to PUD Document o 0 N J a- N a a. 2 a ti t0 i 0 C U Words struck through are deleted;words underlined are added. [15-CPS-014511 274 6 of 6 Pelican Marsh/PUDR-Pl,2014000221 1 8/15/16 Packet Pg. 100 9.A.d EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2243-62256.8±Acres Located in Sections 25,27,34,35 &36 Township 48 South, Range 25 East, and Section 31,Township 48 South,Range 26 East, -- Collier County,Florida (NI N PREPARED FOR: O J.E.D. OF SOUTHWEST FLORIDA, INC. arid a COLONY CORPORATE CENTER, INC. 9150 Gallcria Court, Suite 100 a Naples, FL 34109 a- With-peirmissien-fr-em -a WCI COMMUNITIES, INC.LLC a 24301 Walden Center Drive 2 Bonita Springs,Florida 34134 a) PREPARED BY: a. R WA Consultants,Inc. 3050 North Horseshoe Drive, Suite 270 Naples,FL 34104 Amended by Q. Grady Minor and Associates,P.A. Via Del Rey,Bonita Springs, FL 34134 PUD 93 1,ORDINANCE 93 27 ORIGINAL PUD 94 9,ORDINANCE 95 4 AMENDMENT O ORDINANCE 95 50 AMENDMENT ORDINANCE 95 71 AMENDMENT ORDINANCE 97 79 AMENDMENT ORDINANCE 98 11 AMENDMENT 5,3 ORDINAN-GE 99 33 AMENn� .DM EN-T <t ORDINANCE 02-71 -ORIGINAL ORDINANCE - -AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/17/02 ORDINANCE NUMBER 2002 71 Exhibit A Words underlined are additions;words struelE-t tg#are deletions Packet Pg. 101 9.A.d SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 22H 2256.8 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 a North 00 38'20" West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" a., West 827.69 feet; thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly right-of-way line a of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four(4)described courses; ca 1) South 05 34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10" East 2642.17 feet; a 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a M radius of 2799.93 feet through a central angle of 12 42' 18" and being subtended by a ;, chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West I675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of c Collier County, Florida; o thence along the. boundary of said Pine Ridge Second Extension in the following eight (8) CD described courses: 1) South 89 50'58" West 88.21 feet; 2) North 31 34'00" West 120.19 feet; p` 3) North 05 37'10" West 956.47 feet; 4) South 74 46'39" West 379.98 feet; 5) South 12 04'43" East 23.53 feet; 6) South 87 09'43" West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave ct southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; 8) North 81 13'22" West 737.85 feet; Exhibit B I-1 Words underlined are additions;words s =u6k-thi,,sugh are deletions Packet Pg. 102 9.A.d thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32" East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West 144.30 feet; CNI thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; n- thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; L LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: a M BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; ti thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, co Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, cc pages 88 through 89,Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to �j the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; `t Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 Words underlined are additions;words strc c k are deletions Packet Pg. 103 9.A.d TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west %4 of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" Ea8t 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 11 43 '40" East 573.08 feet; o thence South 72 59'03" East 785.48 feet; thence South 00 39'15" East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39'15" East 100.64 feet; d thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Q. Subject to easements and restrictions of record. o Containing 9.5 acres more or less. n. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. N AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: asU All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: • Commencing at the west 1/4 corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; c thence South 00 39'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound 0` curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; thence south 62 08'16" West 75.07 feet; 1-3 Words underlined are additions;words&truck g h are deletions Packet Pg. 104 9.A.d thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37" East 19.89 feet; thence along a non-tangential line South 84 13'14" East 158.41 feet; thence South 80 5524" East 183.78 feet; thence South 81 52'51" East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; (Na thence North 00 00'00" East 271.73 feet; thence North 84 13'14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; o thence South 76 56'51" West 89.04 feet; thence North 58 35'21" West 65.19 feet; a_ IV thence North 15 31 '55" West 74.80 feet; thence North 00 41'41" West 115.24 feet; thence North 28 22'47" East 171.51 feet; thence North 17 11'45" West 106.79 feet; d thence North 13 02 '52" East 28.51 feet; thence North 73 36' 14" West 54.78 feet; thence South 49 16'08" West 112.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; a thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. ti Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'12" West. a) AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being p more particularly described as follows: Commencing at the west '/4 corner of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; `t thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16" and being subtended by a chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature; 1-4 Words underlined are additions;words struelk-through are deletions Packet Pg. 105 9.A.d thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13" and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18" and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58"" and being subtended by a chord which bears North 83 58'44" West 68.70 feet; o thence South 89 33'17" West 18.36 feet; thence South 89 39'11" West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44 '08" West 26.23 feet; thence South 51 01 '05" West 27.49 feet; a thence South 33 25'42" West 19.95 feet; ci thence South 15 39'57" West 20.54 feet; a thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; cc thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein z described. Subject to Easements and restrictions of record. Q Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND coAll that part of Section 27,Township 48 South,Range 25 East, Collier County, Florida, being more particularly described as follows: Cifc Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00 39' 12" West 827 .69 feet; p thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 443.43 feet; thence South 05 34'48" East 147.72 feet; w thence South 89 20'45" West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04" West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 Words underlined are additions;words struck through are deletions Packet Pg. 106 9.A.d thence North 56 04'43" West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: CNI N Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west c right-of-way line of Airport-Pulling Road(C.R. 31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south N line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south '/4 corner of said n. Section 35; c thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest n0. corner of said Section 35; L thence along the south line of said Section 34 South 89 51 '02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524,page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; a thence continue along the boundary of said parcel South 89 51 '02" West 443.28 feet to the c;,; easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 0` 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 1-6 Words underlined are additions;words stelc-through are deletions Packet Pg. 107 9.A.d thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57" East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R. 31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest corner of the o east '/2 of the east '/2 of said Section 25; o thence along the west line of the east 1/2 of the east '/2 of said Section 25 North 01 54'09" West 2668.19 feet; N thence continue along the west line of the east '/2 of the east '/2 of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); a. thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; n. thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east 1/4 corner of Section 25; CIS thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the co Point of Beginning. Containing 789.67 acres more or less. a Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north ti line of Section 35,being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: tko Parcel I: N 1/2 of the SE '/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier p` County, Florida. Parcel II: S ''/ of the NE 1/4 of the SW '/4 of Section 31,Township 48 South, Range 26 East,Collier County, Florida. Parcel III: N Y2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South,Range 26 East, Collier County,Florida. 1-7 Words underlined are additions;words 5fruelk-threitgh are deletions Packet Pg. 108 9.A.d Parcel IV: S '/2 of the SW 1/4 of the NW `/4 of Section 31,Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N ''/2 of the SW '/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII NW 1/4 of the SW 1/4 of Section 31, Township 48 South,Range 26 East, Collier County, Florida. Parcels III III IV VI and VII contain a total of 141.61 acres, more or less. o 0 AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE o NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; N BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE n= SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, SAID POINT ALSO BEING ON THE WEST LINE OF TRACT "D" OF THE WILSHIRE LAKES, PHASE 2 SUBDIVISION, AS RECORDED IN PLAT BOOK 27, PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE 2 SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET TO THE '7E— NORTHEAST NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'53" EAST,A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE c SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31, NORTH 89°56'39" WEST, A DISTANCE OF 495.26 U FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWESTcts QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG SAID EAST LINE, SOUTH 02°10'14" EAST, A 0` DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE 411 SOUTHWEST QUARTER OF SAID SECTION 31;THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE SOUTH 89°57'44" EAST,A DISTANCE OF 135.17 FEET;THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 60.04 FEET; THENCE SOUTH 89°57'36" EAST,A DISTANCE OF 135.18 FEET;THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; THENCE NORTH 89°57'27" WEST, A DISTANCE OF 135.20 FEET; THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET SOUTHEAST QUARTER OF THE AFOREMENTIONED FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE 1-8 Words underlined are additions;words struck-through are deletions Packet Pg. 109 9.A.d SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION,NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST, c) A DISTANCE OF 607.94 FEET; THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 c FEET; THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID ar FRACTION, NORTH 89°5627" WEST, A DISTANCE OF 164.97 FEET; THENCE NORTH 02°1220" WEST, A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2 SUBDIVISION, THENCE RUN o ALONG SAID BOUNDARY, SOUTH 89°56'17" EAST, A DISTANCE OF 1,322.06 n. CONTAINING 43.22 ACRES, MORE OR LESS. 5 Total parcel contains 2214 2256.8 acres,more or less. ca a M M ti t!) Co 1) U C t4 C V L 0 .!d C U) E U t4 1-9 Words underlined are additions;words struck through are deletions Packet Pg. 110 9.A.d SECTION II, PROJECT DEVELOPMENT * * * * * * * * * * * * * 2.11 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: -- N 1. Grassed berms 3: 1 N N 0 2. Ground covered berms 2:1 3. Rip-Rap berms 1: 1 J 4. Structural walled berms - vertical a. N 0 B. Fence or wall maximum height: six feet (6'), as measured from the finished grade a of the ground at the base of the fence or wall. For the purpose of this provision, c finished grade shall be considered to be no greater than eighteen inches (18") a. above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall g not exceed six feet (6') in height from the top of the berm elevation for berm c elevations with an average side slope of 4: 1 or less, and shall not exceed four feet (.)(4') in height from the top of the berm elevation for berms with average side a slopes of greater than 4: 1 (i.e. 3:1). M ti C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary ,. subdivision plat and site development plan submittal. All such areas must be o included in a landscape easement on final plats, or in a separate recorded as instrument. c (13c D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed c by the height limitations for principal structures of the district in which they are E located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. t E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. Exhibit C Words underlined are additions;words struck-through are deletions Packet Pg. 111 9.A.d F. All of the landscape buffers, for the "R 1" residential area as depicted on the "R 1" Residential Area Buffer Exhibit shall be 10' wide planted to type `B' landscape buffer standards, except for the type `B' buffer along the western property line abutting the Tiburon Golf Course, which shall have a hedge, six feet in height at time of planting as shown in"RI"Residential Area Buffer Exhibit. * * * * * * * * * * * * * 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.31338.8 acres included in the Golf N Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous o open space buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of (N1 Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. o 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the ac Collier County Growth Management Plan, 25% of the viable natural functioning nativect vegetation on site shall be retained. The total area of viable natural functioning native 2 vegetation within the PUD boundary is 912.54985.74 acres, therefore 23 66246.43 acres are required to be retained. The Master Plan identifies 371.9± acres of retained native a vegetation. This requirement is fully satisfied within the Reserve District and no further •• preservation is required. * * * * * * * * * * * * * co 0, RS f L O .V a) E U s-. Words underlined are additions;words sir=ue/ gh are deletions Packet Pg. 112 we rot v 91.OZ/OZ/C 0Mp'91 02-02-/D(Z/.3a)ZIIEH%3 3.17n8\SDNMvaf\1N3 HSbtlIV Ntl2n3d -3%d17M\DN'NNtlId - fONd\'JNINNvid1S3 9.A.d !Si`�m NVnIn��Sik•b V/ a C z IA 2 I QW CD (n N U i cc W m anm�c�tts1 o(A W N 1 CO m COLL j I = Cl. w m m I CO Qa LL 1 J _� w U W m 15 IA i Z § Z d crW kt og og W ¢ I w q ili---,_„_________j 0 co 1 CC § z• I� \ 175, r og• 1 -- - N - -I a= o 1 ••-.E:13 Z x O "' " • • , • 0 ;5' CCD. a • . , WW zo' , o m aw D w = W, • • • • a s 4000 ji ci - '' U \ \ - 4 •• � wc9 M L.QS g 2 M ` m= Wi0W c - CC tL Lim = ¢ OZ t O a O=u-O w D ' UJ 0- ¢20Ir i W I Z > ❑ i - 0 •- o O ¢ O D - 5 — z ¢ c., 3 , CO CC O i., 2, a fy U O o,� C Zco 5 / i m : co Q a > H w ZZ d W W I as Vow J� Q2 JELL o �'" 2o If �_ a W aw y J O O ~ CL 11 w o_ z a.W /' 0 l'..------''''''.16.... / C /' Z 0 z F a 111 m z z -------------- ii --- Z - 2 1��11NGST4N ROAD - Exhibit D x¢ a I Packet Pg. 113 9.A.d SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R" and"R 1". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R" and "R1". The "R1" District shall be restricted to a maximum of 66 single-family dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. c a. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all co development tracts will be provided at the time of Site Development Plan or Preliminary 2 Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water °- management facilities, and other similar uses found in residential areas. ti 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in o whole or part, for other than the following: c.) A. Principal Uses ("R" District): 1. Single Family Detached Dwellings. O 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. Exhibit E Words underlined are additions;words s€ratelrtkreugh are deletions Packet Pg. 114 9.A.d 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools (public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. N 9. Rental Residential Units o I Up to 50 residential units, which shall not be subject to the definition of a "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the o designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective _a owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall 5 constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of a. this PUD Document. ti 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. o a) B. Accessory Uses and Structures ("R" District): _ 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. C. Principal Uses ("R1"District): 1. Single Family Detached Dwellings. D. Accessory Uses and Structures ("Rl"District): 1. Accessory uses and structures customarily associated with principal uses permitted in this district. Words underlined are additions;wordstelc-tkretegk are deletions Packet Pg. 115 9.A.d 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of the "R1"District as determined by the Board of Zoning Appeals or the Hearing Examiner. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Section 3.5.J sets forth the development standards for land uses within the "RI"Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. N C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh J Community design guidelines and standards, are to be in accordance with Collier N County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area a standards apply to principal structures. a D. Development standards for uses not specifically set forth in Table I shall be 6- established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards U of the zoning district which is most similar to the proposed use. o E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land o Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.1 7 of this PUD. F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, 0 Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water U management facilities and lakes, and customary single family accessory uses. w Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet (100'). Words underlined are additions;words stntecthrettgh are deletions Packet Pg. 116 9.A.d G. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road,with the exception of cul-de-sacs serving 24 units or less. H. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached o single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted a providing that: u 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. a. 2. The cabana structures must be accessible only from the enclosed courtyard r- and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilities. oo J. Development Standards for the "R1" district; 1. Minimum Lot Area: 7,500 SF 0 2. Minimum Lot Width:*1 75' E 3. Front Yard:*3 25' 4. Front Yard (side load garage):*3 15' 5. Side Yard: Principal: 7.5' Accessory: 5' 6. Rear Yard:*2 Principal: 20' Accessory: 10' 7. Preserve: Principal: 25' Accessory: 10' 8. Maximum Building Height:*4 Zoned: 35' Actual: 40' Words underlined are additions;words struelf-through are deletions Packet Pg. 117 9.A.d 9. Distance Between Structures: Principal: 15' Accessory: 10' 10. Floor Area Minimum: 1,800 SF *I-Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained. *2- Setback from lake maintenance easement for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Growth Management department. *3-Front yards shall be measured as follows: N A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way lines. N B. If the parcel is served by a private road, setback is measured from the back of a curb(if curbed)or edge of pavement(if not curbed). a. *4-Except that all lots within the area labeled"single story only"described by and depicted on the 6 "Rl"Residential Area Buffer Exhibit shall not exceed one story as defined in the LDC in zoned or 0- actual actual height. U) K. Notwithstanding any provisions to the contrary in other sections of this PUD, all 2 areas within the R-1 Residential District are not required to be part of the Pelican Marsh Community Development District. Common area maintenance of the R-1 a Residential District shall be provided by the Developer, WCI Communities, LLC, or a property owners association. Maintenance of the Reserve District on the northwest portion of the R1 Residential District as depicted on the "RI" Residential Area Buffer Exhibit shall be provided by Tiburon Golf Ventures 7.T (73 Limited Partnership, a Delaware limited partnership, or a property owner's association. C f0 L. Deviation - R1 Residential District 0 Deviation I seeks relief from LDC section 3,05.07.A.5, Preservation Standards, which requires preserve areas to be interconnected within the site, to permit the access road, as shown on the PUD master plan, to cross the existing Reserve (preserve) located east of Livingston Road. Words underlined are additions;words sttuelc--tkratigh are deletions Packet Pg. 118 ..„6 ..n m...,,..: .,,•..„.,�r.,MA.�r,.. ,.,M,.- ....7,.,,.,. 9.A.d 11. z. z cc Cr U± \ AQ t X.4 CJ i `-' w C N Z 22 rt 0 6 F ° ,• a-, `��i 1 ' w00w • 0 CO HH „ . .'';1'. -« r l ! Iill, ) 1 : . .jg V. 0 c, - J.,.:,...... , . 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W icy ---- • .41,...... . am ii . p (. ( I` ' ■• H U P r . 1 ! W r • .flp a innnnnnnnrnnnrt , , .1. . . z i x ibit F —— Packet Pg. 119 9.A.g 1 1 2 N 3 0 0 0 4 T 0 J 5 d N 6 TRANSCRIPT OF THE ci 7 NEIGHBORHOOD INFORMATION MEETING 8 FOR PELICAN MARSH DRI/PUD 9 May 2, 2016 10 a. 11 M M ti 12 J Q 13 L ca 14 Appearances: 15 WAYNE ARNOLD 2 Z 16 RICHARD YOVANOVICH, ESQ. N fC 17 BARRY ERNST c 18 MIKE DELATE c 19 MARCO ESPINAR Q U 20 JIM BANKS c4 F- 21 SHARON UMPENHOUR c 22 23 24 25 Packet Pg. 120 9.A.g 2 1 MR. ARNOLD: All right. Go ahead and restart. 2 I'm Wayne Arnold, and I 'm here representing N 3 GradyMinor & Associates and WCI Communities, who 0 4 are amending the Pelican Marsh DUI and PUD, and let N J 5 me make some introductions. a 0 6 Sharon Umpenhour, sitting here in the pink n=. C 7 blouse, and she' s going to help with some of the d 8 graphics, and she's also recording the meeting. 2 9 We're required by the county to record the 10 proceedings and provide them with a transcript of m a 11 the meeting. So we ' ll be doing that. ti 12 In the back of the room against the door is a Q 13 Barry Ernst with WCI Communities. Next to him is 14 Rich Yovanovich, the land use attorney that' s us 15 assisting in the case. We have Mike Delate, our z 16 project civil engineer sitting here. And we have 17 Marco Espinar, who is our environmental consultant. 18 And we also have Jim Banks, who is our traffic • a 19 consultant in the project. I think that has got 0 20 everybody that' s involved in the team. c 21 I did want to also introduce Nancy Gundlach, c 22 who is the principal planner and is here for the U (51 23 county. This is our meeting. Nancy' s here Q 24 monitoring it to hear what some of the feedback is 25 that we may get from questions and answers, but Packet Pg. 121 9.A.g 3 1 it's a meeting that we're required to hold as part 2 of the process before we proceed to our public 3 hearing before the Planning Commission and the o 4 board. J 5 And in this process, we ' ll have two required 6 public hearings. We have to have a Planning Ci 7 Commission public hearing. And I 'm sorry. I don't 8 remember the date off the top of my head, Nancy, 2 9 for that. U 10 UNIDENTIFIED FEMALE VOICE: June 2nd. a� 11 MR. ARNOLD: June 2nd is our date for that, 12 and that will follow with, I believe, a July Q 13 hearing date for the Board of County Commissioners, E 14 anticipating before they get off for their summer t17 15 recess. 2 Z 16 So if you received notice of this meeting, N fC 17 you'll be receiving a notice from the county 5 18 regarding the Planning Commission hearing, and v 19 then, of course, you'll see the zoning signs. They 20 will be posted on the property. They're the 21 four-by-eight boards, and there will be a number of C 22 those posted throughout all of Pelican Marsh, just U fSS 23 not -- not just the area that' s -- what's called 24 Sorrento or the Pelican Marsh East, as we also call 25 it. Packet Pg. 122 9.A.g 4 1 So what we're doing tonight is proposing to 2 add 43 plus or minus acres to the overall Pelican 3 Marsh PUD, all of it east of Livingston Road. It ' s 4 highlighted in black on this exhibit. N J 5 And the last application we had filed, we're 0. 0 6 now adding -- close it, Sharon -- 13 acres more n= 0 7 than we had previously -- no -- Q. 8 MS. UMPHENHOUR: 11.8 . 0a 9 MR. ARNOLD: 11.8 acres, I'm sorry, 11.8 acres 10 more than we had previously started with. Those m n. 11 two areas that we're adding will come in as ti 12 preservation areas for the PUD. a 13 This shows it in the context of an aerial LL 14 photograph. Again, here was the property that we 15 originally submitted. You can see there are areas 2 z 16 on the next slide here and here that will be added -� t0 17 and comprise that acreage, and they're highlighted 2 18 in orange for you to show you what has been amended • a 19 for our prior application. 20 And, again, those orange areas will come in as 21 preservation areas as part of the overall Pelican 22 Marsh PUD. c.> 23 So the Pelican Marsh PUD, it ' s obviously an 24 existing planned development. It' s been developed 25 substantially with a number of units, a couple Packet Pg. 123 9.A.g 5 1 thousand of those. It ' s entitled for about 4, 800 . 2 We're proposing to restrict this acreage we 're 3 adding to a maximum of 66 single-family dwelling 4 units. We're not proposing to add any new dwelling 5 units to the overall PUD. WCI controls the unbuilt a N 0 6 units that are still out there and available and we n. Ci 7 will use 66 of those units to be built on what's a. 8 called Sorrento or the 43 acres that we're adding 5 9 east of Livingston Road. v 10 This is the DRI master plan. You can see on d 11 that, it' s really a conceptual exhibit, but none of ti 12 that property we' re talking about to the east over 13 here exists on that. So what we've added is an R1 14 designated tract with preservation area there, 15 there and a little bit on the bottom of the 2 Z 16 proposed cul-de-sac that we had. . 17 So we have that as the DRI map H and also we 18 made the same amendments to the Pelican Marsh PUD a. 19 conceptual master plan. Q 20 This is what some of you who attended our last LL 21 neighborhood meeting saw. This was an exhibit that w 22 showed our proposed access point on Livingston 23 Road, a long series of cul-de-sacs that goes to 24 what was originally proposed to be 72 homesites. 25 We've restricted that now to 66 . Packet Pg. 124 9.A.g 6 1 And Sharon, if you -- I know we've got this 2 Microsoft alert. We can go to the next slide. 3 That shows you the new boundary for the 43 rt 4 plus or minus acres, and it shows you that we're J 5 going to have preserve here, here and these two 0 6 little pieces, the eastern leg. And those abut =. 0 7 preserve for Wilshire Lakes, an additional preserve 8 that' s already part of the Pelican Marsh project. a 9 UNIDENTIFIED MALE VOICE: What' s the blue? v 10 MR. ARNOLD: So that reflects the current 11 development scheme. 12 UNIDENTIFIED MALE VOICE: What's the blue? .� J Q 13 MR. ARNOLD: Blue are proposed lakes. 14 Sharon, if you want to go to the next slide 15 for me. Z 16 This is kind of a side-by-side version showing 17 you the plan that we were proposing last fall. 2 18 This is the plan that' s coming in as part of the 19 proposed amendment. And I think the side-by-side 20 was probably the best representation to show you 21 kind of the before and after, if you will, those of ca 22 you who are familiar with it. U 23 UNIDENTIFIED MALE VOICE: Excuse me. Will we 24 get a copy of these -- a color copy of all your 25 (indiscernible) ? Packet Pg. 125 9.A.g 7 1 MR. ARNOLD: If you want to leave an e-mail 2 address with Sharon or something, we'll be happy to 3 e-mail it to you, but I didn't bring hard copies 4 because we obviously don't know how many people are c J 5 ever going to attend these. a 6 UNIDENTIFIED MALE VOICE: And you would e-mail a 7 it to us? 8 MR. ARNOLD: Absolutely. Yeah, that's true. (12 2 9 UNIDENTIFIED MALE VOICE: Excuse me. So that 10 the lines, the diagram there, are those accurately a 11 surveyed lines or are those just put there for ti 12 illustrative purposes? a Q 13 MR. ARNOLD: Well, these are illustrative, but LL 14 we have full boundary surveys for all of the (4.4 141 15 property. 2 Z 16 UNIDENTIFIED MALE VOICE: So we can get Rf 17 something that shows precisely where these things 2 18 are coming in? a 19 MR. ARNOLD: Well, I don't have a survey of .L U 20 each individual lot because WCI hasn't settled on ca E" 21 their final exact configuration, but the boundaries c 22 of the project -- U 23 UNIDENTIFIED MALE VOICE: You have the Q 24 boundaries relative to the (indiscernible) golf 25 course (indiscernible) -- Packet Pg. 126 9.A.g 8 1 MR. ARNOLD: Uh-huh. 2 UNIDENTIFIED MALE VOICE: -- you know, the 3 other preserve area. 4 MR. ARNOLD: Yeah. I think the line work we J 5 have is fairly accurate. I mean, at this scale, I a_ N 0 6 put a line on there, it' s, you know, three feet a. C 7 wide when you get in realtime down on the ground. a 8 So it ' s -- 2 9 UNIDENTIFIED MALE VOICE: And are the property ro 10 boundaries marked on that? In other words, where a 11 does the -- the property boundary for the golf ti 12 course really exist on that document? J 13 MR. ARNOLD: It doesn't on this exhibit. L 14 These are conceptual and I 've tried to identify 15 generally where those boundaries are that we're 2 2 16 dealing with, but that's not a rectified boundary L fR 17 survey line (indiscernible) . 2 18 UNIDENTIFIED MALE VOICE: But we can't get a 19 document that has that? c- U 20 MR. ARNOLD: I can give you a copy of the 21 boundary survey. I don't know that it 's going to w 22 mean a lot to you because it's not going to locate 23 your golf holes. It's a boundary survey for the 24 property that 's being added. 25 UNIDENTIFIED MALE VOICE: But it will show Packet Pg. 127 9.A.g 9 1 basically the edge of the golf course and the 2 property line of the golf course, and then a 4= 3 diagram of where you're placing the overall -- not 4 necessarily each individual lot. o J 5 MR. ARNOLD: Uh-huh. N C 6 UNIDENTIFIED MALE VOICE: The overall scheme Ci 7 of -- o. 8 MR. ARNOLD: The overall assemblage, yes. We 9 have a legal. C 0 10 UNIDENTIFIED MALE VOICE: Okay. a 11 UNIDENTIFIED MALE VOICE: But -- ti 12 MR. ARNOLD: Okay. Sharon, we' ll go next. 13 Hang on just a second. I 've only got a couple more ca 14 slides and we' ll open up for everybody's questions. tC) 15 MR. DELATE: Wayne, just a comment. Z 16 MR. ARNOLD: Okay. This is Mike Delate, by -C fO 17 the way. 18 MR. DELATE: So, in that slide on the right 0 19 there, where it says preserve, that block on the IL .L U 20 north is preserve. is L F 21 MR. ARNOLD: Right. C 22 MR. DELATE: Those two -- there are lots that o 23 continue all the way over to the west property 24 line. 25 MR. ARNOLD: Over here. Packet Pg. 128 9.A.g 10 1 MR. DELATE: Yeah. 2 MR. ARNOLD: Yeah, uh-huh. N N 3 MR. DELATE: (Indiscernible) . o 4 MR. ARNOLD: Oh, there? N J 5 MR. DELATE: Yeah. N 0 6 MR. ARNOLD: Yeah. 7 MR. DELATE: That' s just an entry 8 (indiscernible) . Ct 2 9 MR. ARNOLD: Right. Okay. It would look more 10 like that. Thank you for clarifying that. m 11 Want to go to the next slide? 12 This was also an exhibit that we had prepared J Q 13 at the county's request showing our different 14 buffers. And through discussions with the 15 neighbors of Marsala, our line work on this parcel 2 z 16 changed significantly, so we're showing a larger ca 17 buffer area that will also be preserve in this 2 18 area. And, of course, these are two new preserves. 19 We also have a single story only commitment Q U N 20 for this portion of the site. And we had also, as LL 21 part of the process leading up to the last Planning 22 Commission hearing we're scheduled to have, made U 23 commitments for enhanced buffers adjacent to the 24 parcels in Wilshire Lakes that some of you had 25 raised at our original neighborhood information Packet Pg. 129 9.A.g 11 1 meeting where you were concerned about car lights 2 and things like that. r N 3 So the enhanced buffers have been placed in 4 those locations. And that was at the county o J 5 staff 's request, and we've obliged, as well as n- N 0 6 creating another buffer along the entrance road and a Ci 7 another buffer extending beyond our preserve area 8 next to Marsala. ca 9 UNIDENTIFIED MALE VOICE: Is that entrance U 10 road exactly where it was last time or are you d 11 going to move it a little north? 12 MR. ARNOLD: No. The access road is where it J 13 was depicted last time. This line has been fairly 14 well established and the agencies have all seen it 15 and we think that that ' s the line they're 2 Z 16 ultimately going to approve. -c L c 17 Any further push to the north bifurcated the 2 18 preserve in a greater way and this -- this created a 19 the least impact to the preserve and met the Q 20 county' s spacing criteria (indiscernible) . L 21 UNIDENTIFIED MALE VOICE: What about the 22 cut-through from the -- of the median on U 23 Livingston? 24 MR. ARNOLD: We've agreed that we 're going to 25 do everything in our power to get a directional Packet Pg. 130 9.A.g 12 1 left into the site. That' s not up to us. It 's up 2 to Collier County. They control Livingston Road N N 3 right-of-way, but we've made that statement to our c 0 4 neighbors and we intend to pursue a directional o N J 5 left into the site. N 0 6 UNIDENTIFIED MALE VOICE: And what feedback 0 7 have you gotten from the county? 8 MR. ARNOLD: I think positive. Unfortunately, N 2 9 there's been some changing staff positions down 10 there, so I don't want to say with as much 11 certainty as I would have six months ago, but I ti 12 think that Mr. Banks, I know, has had discussions 13 with them and we think we meet the criteria. m 14 It's a safe location. It has several benefits 15 to the Marsala community as well as our community 2 Z 16 for allowing construction access and things like 17 that. So we definitely want to pursue that. 2 18 UNIDENTIFIED FEMALE VOICE: I see single story a 19 along the Marsala side. L V 0 20 MR. ARNOLD: Uh-huh. 21 UNIDENTIFIED FEMALE VOICE: Is there any plan c 22 just single story along the Wilshire side? U 23 MR. ARNOLD: Well, the final mix of single 24 story and potentially two story isn't really known, 25 but WCI knows that a certain mix of homesites in Packet Pg. 131 9.A.g 13 1 any community are going to be a single family 2 option as opposed to two. So WCI felt confident in 3 designating that area for the single-story only. 4 But we don't know where else they may be. o N J 5 UNIDENTIFIED FEMALE VOICE: For any specific 0 6 reason? a Ci 7 MR. ARNOLD: Well, I think there was concern 0. 8 about golf course playability because it' s so close ca 2 9 to the golf course in that location, and the view 10 from the golf playability of the hole. a 11 Other questions? Everybody is okay with this? ti 12 (Multiple simultaneous speakers. ) 13 MR. ARNOLD: Sir, you had your hand up before. LL 14 UNIDENTIFIED MALE VOICE: Yeah. The preserve N U, 15 area at the northwest end. 2 z 16 MR. ARNOLD: Yes. = 17 UNIDENTIFIED MALE VOICE: That was preserve 2 18 before, no? 0. 19 MR. ARNOLD: It's a -- it's in a conservation I U 20 easement, but it' s not part of the Pelican Marsh 21 PUD. It was a conservation easement that was done 22 in favor of, I believe, the Water Management ftf 23 District, and maybe the Corps, but it' s not a 24 Collier County conservation easement, and that 25 would be our -- as part of bringing it in as the Packet Pg. 132 9.A.g 14 1 reserve or preserve area, it would get a Collier 2 County conservation easement over it. N 3 UNIDENTIFIED MALE VOICE: So it really doesn't c et 4 change the ultimate use of the property. It just o N 5 -- is it a density thing? a 0 6 MR. ARNOLD: No. It really wasn't a density a= 7 thing, but it was lands that -- Host Marriott owns 8 that parcel as well as the larger preserve, and 2 9 cutting through their preserve, it just made sense U 10 for Host (indiscernible) include everything that a 11 they owned, which also included these two little N- 12 pieces. J 13 UNIDENTIFIED MALE VOICE: That makes a lot of 14 sense, because my house is right across the street. 15 MR. ARNOLD: Oh, up here or -- okay. Good. 2 Z 16 UNIDENTIFIED MALE VOICE: Did you say that N 17 you're going to do multi-family in here? a 18 MR. ARNOLD: No, sir. Single family only. • 19 UNIDENTIFIED MALE VOICE: Did you say to -- a. 20 MR. ARNOLD: We have a designation to allow 21 single story only in this location. 22 UNIDENTIFIED MALE VOICE: Right. I mean, up co 23 top. 24 MR. ARNOLD: We don't know the full mix of 25 what would be single family and -- or single story Packet Pg. 133 9.A.g 15 1 and two story. 2 UNIDENTIFIED MALE VOICE: So I 'm sorry. The 3 single story was in that whole cul-de-sac type 00 4 area? —J 5 MR. ARNOLD: Right here. It' s noted single a N 6 story only right here. Ci 7 UNIDENTIFIED MALE VOICE: I can't see -- oh, d 8 okay. That 's it. ea 9 MR. ARNOLD: Yes, ma'am. 10 UNIDENTIFIED FEMALE VOICE: Speaking of a) o. 11 preserve, which, of course, you know I 'm quite ti 12 passionate about, how are you planning to protect 13 the wetlands and the wildlife habitat while U- E5" 14 safeguarding the documented wildlife that live in 15 the preserve? 2 Z 16 MR. ARNOLD: Well, as part of the permitting = L 17 process, in addition to going through the Collier 18 County zoning process, we're going through the 19 environmental resource permit which would obtain a IL o 20 permit from the South Florida Water Management 21 District and the Army Corps of Engineers, and both .4 C 22 of those entities look at wildlife and wetland s 23 issues and, you know, that ' s the process we go 24 through, and once we obtain those permits, and we 25 think we will, then that ' s -- that will come with Packet Pg. 134 9.A.g 16 1 management plans, et cetera, that are components of 2 those permits. N N 3 Anybody on this side of the room? Questions, ,tr 4 comments? �a J 5 UNIDENTIFIED MALE VOICE: Are you finished a N 0 6 with your slides? = a C 7 MR. ARNOLD: Sure. I am. 8 UNIDENTIFIED MALE VOICE: Well, I have a ca 2 9 concern. Maybe it's on a different set of issues 10 than the things that have been brought up so far. m a 11 I own a building or part owner of a building ti 12 in Vanderbilt Galleria. J Q 13 MR. ARNOLD: Okay. ca 14 UNIDENTIFIED MALE VOICE: And shortly after we U) 15 bought that building, WCI went bankrupt. WCI had 2 z 16 floated some bonds to pay for infrastructure, and N L 17 the responsibility to paying off those bonds went 2 U 18 to all of the buildings in my development. • a 19 So it cost us, really, a tremendous amount of .L U 20 money over a ten-year time of period. So I 21 investigated how WCI was perhaps going to pay for 22 this, and though I certainly am not aware of the U ft5 23 intricacies of how they do things, but I notice 24 that the most recent bonds that they floated are 25 paying a rate of LIBOR plus 8 percent, which means Packet Pg. 135 9.A.g 17 1 they are garbage bonds. 2 So I want to know what happens -- is there any 3 kind of reinsurance on this? There' s going to have 4 to be new infrastructure built. What happens if, J 5 in our precarious economy, things change around a 0 6 again and this becomes empty property and with Ci 7 infrastructure on it that no one can pay off? Will a 8 that be dumped again on Pelican Marsh residents? ca 2 9 MR. ARNOLD: I don't know if I can answer ca U 10 completely, but I can tell you that' s not part of a 11 the zoning process that we deal with, but I think ti 12 that -- Barry, this is not intended to be added to J 13 the CDD. U- 14 MR. ERNST: What it sounds like, I 'm not -- I N LC) 15 don't have all the details. We're talking about z 16 the CDD? ca 17 UNIDENTIFIED MALE VOICE: Correct. 2 o 18 MR. ERNST: Okay. This -- we don't own or a 19 control or have anything to do with the CDD. a 20 UNIDENTIFIED MALE VOICE: At this point. 21 UNIDENTIFIED MALE VOICE: Yeah. 22 UNIDENTIFIED MALE VOICE: But once upon a U 23 time, it was your responsibility to pay off this 24 multi-million dollar bond and now I 'm paying 25 $120, 000 over ten years, which is a little Packet Pg. 136 9.A.g 18 1 disturbing, and so I want the county to perhaps 2 investigate and make sure that there is backup t= N 3 funding, there' s reinsurance on these bonds or 4 whatever WCI is going to use to pay for this to 0 N J 5 protect us. N 6 MR. ERNST: Again, it wouldn't be WCI. It a C 7 would be the CDD. And I suggest contacting Neil 8 Dorrill and the (indiscernible) . 5 9 UNIDENTIFIED MALE VOICE: I 've tried. I 've 0 10 tried, and -- °' 11 MR. ERNST: Because WCI doesn't own or control ti r 12 the CDD board at all. J Q 13 MR. ARNOLD: And, specifically, there' s a 14 process -- U, 15 UNIDENTIFIED MALE VOICE: Well, this is the S Z 16 place I thought I could at least bring it up. N 17 MR. ERNST: I understand. S 18 UNIDENTIFIED MALE VOICE: This property is not • 19 part of the CDD. �- 20 MR. ERNST: That' s true, too. 21 UNIDENTIFIED MALE VOICE: And will not be 22 subject to CDD financing. So there's no risk at U f4 23 the fact that your property is in the CDD, that you 24 will somehow become responsible for the debt or 25 however they finance the infrastructure here. Packet Pg. 137 9.A.g 19 1 If you'll look at the PUD document and the DRI 2 documents, you' ll see that we specifically excluded 3 this property from the community development c et 4 district. So you should be fine. J 5 UNIDENTIFIED MALE VOICE: Okay. N 6 UNIDENTIFIED MALE VOICE: And not have to Ci 7 worry about that. That issue shouldn't rear its 8 head again. �+ c� G 9 UNIDENTIFIED MALE VOICE: Well, that was my ca 10 only issue. 11 UNIDENTIFIED MALE VOICE: Yeah. 12 MR. ARNOLD: All right. Thank you. Q 13 Any other questions, comments? L 14 UNIDENTIFIED MALE VOICE: I have another -- 15 UNIDENTIFIED MALE VOICE: So when -- 2 Z 16 MR. ARNOLD: Yes, sir. 17 UNIDENTIFIED MALE VOICE: -- when you go about 2 18 and start to initiate the construction there, from TD 19 what I, I guess, infer from all of this, is that 20 none of the trees that would be behind that -- that ca 21 line (indiscernible) shaded area, if you will, or c 22 any of the vegetation will be damaged in any way -- r 23 MR. ARNOLD: Oh, this (indiscernible) ? 24 UNIDENTIFIED MALE VOICE: No, no, no. I 'm 25 looking down at the bottom now. Packet Pg. 138 9.A.g 20 1 MR. ARNOLD: Okay. 2 UNIDENTIFIED MALE VOICE: Yeah. So is there N 3 anything that stipulates in whatever agreements 4 we're working up here that should any tree be o 5 damaged in any way, especially if it ' s taken down 0 6 accidentally or whatever, that it will be replaced C 7 with a tree of exactly the same type and size by d 8 WCI as part of the project? w 2 9 MR. ARNOLD: Well, I think the safest answer U_ 10 is that will be designated for conservation 11 purposes. The county is going to allow us to only ti 12 remove non-native vegetation, and I don't know -- 13 UNIDENTIFIED MALE VOICE: Non-native LL CD 14 vegetation in front of that line. U) 15 MR. ARNOLD: No. If there's exotic vegetation 22 Z 16 in preserve areas, you're required to remove the N 17 exotic vegetation and you're required to keep it 2 18 out of the preserve in perpetuity. a 19 UNIDENTIFIED MALE VOICE: So what does that 20 mean, then? That they're going to -- so if there ' s 21 anything now that's, for example, a lot of the view 22 comes from the -- let' s say the opposite of the 2 23 coin, you can't see anything through, you're going 24 to go in that area that' s all shaded and rip out 25 vegetation? Packet Pg. 139 9.A.g 21 1 MR. ARNOLD: If there are Brazilian pepper or 2 melaleuca, we are required by law to remove those N 3 trees. 0 4 UNIDENTIFIED MALE VOICE: And replace it with J 5 anything? N 0 6 MR. ARNOLD: No, not necessarily. a ci 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) on a s 8 the golf course. c� C 9 MR. ARNOLD: There are minimum standards. U 10 We've agreed that that's going to be a minimum type a 11 B buffer, which is a six-foot high maintained r- 12 opaque buffer. Q 13 UNIDENTIFIED MALE VOICE: Oh, wait a minute. 14 Wait a minute. I thought all the -- six-foot high? t!1 15 I thought we were keeping all the trees there. 2 Z 16 UNIDENTIFIED MALE VOICE: You are. Rf 17 MR. ARNOLD: You are to the extent we can. 2 18 But I 'm telling you, if I have to go remove exotic 19 vegetation, then I have to remove exotic IL 20 vegetation. LL r 21 UNIDENTIFIED MALE VOICE: And have we 22 identified that there is any there? U 23 MR. ARNOLD: There is some. 24 UNIDENTIFIED MALE VOICE: And to what extent? 25 MR. ARNOLD: There is some. Packet Pg. 140 9.A.g 22 1 UNIDENTIFIED MALE VOICE: What is the extent 2 of it? `- N N 3 MR. ARNOLD: Not a lot. I mean, the county 0 4 considers a lot of this site to be native 5 vegetation. I don't know the exact number off the 0 6 top of my head. C 7 UNIDENTIFIED MALE VOICE: And how can we find 8 out what that impact is? Part of it is -- part of 9 the reason I 'm asking is when we watched that 10 building go up on Vanderbilt and Livingston, I 11 mean, they basically destroyed the back of the n 12 property way beyond where the building was, right J Q 13 up to the property line. They basically denuded Z15" 14 everything. 15 MR. ARNOLD: Uh-huh. 2 Z 16 UNIDENTIFIED MALE VOICE: And what we don't N 17 want to see is something like that happening over U 18 here. So we really want to know the extent of what 19 you can do in that area, even though you've made an 20 agreement to create a buffer area. So a buffer 21 area that is basically, you know, porous in many c 22 ways, to me, is not a buffer, but that ' s beyond -- U (SS 23 so I don't know -- I guess the basic point I 'm 24 making is we don't know yet what that really means, 25 and that' s the concern I have with the way this is Packet Pg. 141 9.A.g 23 1 presented. 2 MR. ARNOLD: Okay. Yes, sir. 3 UNIDENTIFIED MALE VOICE: On your map here, 0 4 where is Sienna Reserve? J 5 MR. ARNOLD: It is off the map up here. a 6 UNIDENTIFIED MALE VOICE: Off the map? Ci 7 MR. ARNOLD: To the north. a 8 UNIDENTIFIED FEMALE VOICE: There you see it. Ct 9 MR. ARNOLD: It 's right there. c ca U 10 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . a 11 MR. ARNOLD: I 'm sorry. The blank property to ti 12 the left right there. (Indiscernible) . J Q 13 UNIDENTIFIED FEMALE VOICE: There it is. E CD 14 (Multiple simultaneous speakers. ) tf') 15 UNIDENTIFIED MALE VOICE: Now, if there' s 2 Z 16 going to be -- the traffic situation concerns me. Rf 17 And if there's going to be a cut-in to go into U 18 Sienna Reserve, another cut-in to go to Sorrento, a 19 another one for Marsala, that's going to be one Q o 20 heck of a traffic situation there. Ct 21 UNIDENTIFIED FEMALE VOICE: Uh-huh. ;; c d 22 UNIDENTIFIED MALE VOICE: Why don't you 23 consider going through Sienna Reserve and coming 24 down this way instead of going through our 25 preserve? Packet Pg. 142 9.A.g 24 1 MR. ARNOLD: Well, one, it' s a private, gated 2 community. And secondarily, we'd have to go 3 through a preserve through their community as well. o 4 There's no way to get to this parcel without going N 5 through a preserve. n" 0 6 UNIDENTIFIED MALE VOICE: Well -- C 7 MR. ARNOLD: It ' s been explored and we've 8 looked at that for the last year because we had 2 9 heard that from others, wanting to push our access 10 point to the north. m 11 UNIDENTIFIED FEMALE VOICE: Actually, the 12 product -- 13 MR. ARNOLD: Excuse me. There was somebody 14 else over here that was ahead of you, Ms. Joyce N 15 (phonetic) . We' ll come back to you. 2 z 16 MS. JOYCE: Okay. 17 MR. ARNOLD: Yes, ma'am. 2 18 UNIDENTIFIED FEMALE VOICE: I have a question. 19 What is the price point of these homes and the 20 square footage and are you still advertising it as L 21 golf course, lake view homes? 22 MR. ARNOLD: I don't know what WCI might be U 23 advertising it as. 24 UNIDENTIFIED MALE VOICE: I don't think we're 25 advertising. I could be mistaken. Packet Pg. 143 9.A.g 25 1 UNIDENTIFIED FEMALE VOICE: Well, you will 2 eventually. C."1 3 UNIDENTIFIED MALE VOICE: We will, yes. c 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) o N J 5 know about it. N 6 UNIDENTIFIED MALE VOICE: Yes. I don't knowCi 7 if the price point has been determined yet, but 8 they are going to be potentially 80-foot wide lots. 9 They could even be larger than 80-foot wide. And ca 10 the price point would be comparable to homes in the 11 area. So that could probably range from, what, 500 ti 12 to a million or more? J 13 UNIDENTIFIED FEMALE VOICE: Or more. U- m 14 MR. ARNOLD: Yeah. We've established minimum N U) 15 lot widths of 75 feet, which is consistent with g Z 16 other parts of the Pelican Marsh community, and, of RS 17 course, Marsala was different. Their lots are a 18 little larger than that, for the most part. 113a 19 UNIDENTIFIED FEMALE VOICE: But are you 20 advertising this as a golf course -- 21 MR. ARNOLD: This isn't being advertised yet as 22 at all. U 23 UNIDENTIFIED FEMALE VOICE: But it has -- but 24 that' s the way -- originally, when you -- the 25 original verbiage, when I first heard about this Packet Pg. 144 9.A.g 26 1 little area. 2 MR. ARNOLD: I don't think it came from our N N 3 side. 4 UNIDENTIFIED FEMALE VOICE: Really? c N J 5 (Indiscernible) said that? a' N 0 6 UNIDENTIFIED MALE VOICE: No. You know what Ci 7 the advertising -- n. 8 UNIDENTIFIED MALE VOICE: We don't have a name ca 9 -- we haven't named this community yet, so -- 10 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 11 UNIDENTIFIED MALE VOICE: This is a working -- ti 12 it might be (indiscernible) . This is the working .� J 13 name. 14 UNIDENTIFIED FEMALE VOICE: We have some U, 15 suggestions. 2 z 16 UNIDENTIFIED MALE VOICE: And we have not 17 advertised it. And it's not for sale yet. We 2 18 don't -- we don't own the property yet. 19 MR. ARNOLD: Okay. Ms. Joyce. IL L N 20 MS. JOYCE: Yeah, you know, I've been 21 researching a lot. You know that. And I can't 4E; 22 find documentation where you considered going U ttf 23 through -- which I have documentation that shows 24 the main entrance to the community of Sienna 25 Reserve from Livingston Road is a publicly Packet Pg. 145 9.A.g 27 1 dedicated right-of-way, and Florida law, which I 've 2 talked to an attorney -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . o ‘zr 4 MS. JOYCE: Yep, I have it right here. I have J 5 the PUD. I can't find documentation where you have a N 0 6 explored it. And part of Florida law requires that a Ci 7 you explore that access. a 8 MR. ARNOLD: I can assure you we've explored 2 9 access. U_ 10 MS. JOYCE: Where's the documentation? 11 There's none with South Florida Water Management. t� 12 MR. ARNOLD: I don' t know that I have to J d 13 provide any for them, but I know we -- cn 14 MS. JOYCE: I heard you did, but that ' s okay. 15 I ' ll follow through. Z 16 MR. ARNOLD: Okay. N 17 UNIDENTIFIED MALE VOICE: What happens if you ca 18 don't get access, a separate cutoff in your a 19 development? What' s the traffic flow going to be? IL 20 MR. ARNOLD: There would be none. ca 21 MR. YOVANOVICH: The county (indiscernible) 22 the property. 23 There are two options. There's two options. 24 Force our way through Wilshire Lakes, which I 'm 25 sure nobody wants. Get access to Livingston, which Packet Pg. 146 9.A.g 28 1 we're allowed to have access to our property. 2 So we have two choices. Go through Livingston 3 or try to force our way through Wilshire Lakes, and o 0 4 if you were at the last meeting, we talked about c J 5 how we had had discussions with Wilshire Lakes. N 0 6 Wilshire Lakes did not want us to go through their =. 0 7 development any more than, I 'm sure, Sienna Reserve o. 8 wants us to go through that project. 2 9 So what we did is we found legal access to our 10 property through the Host Marriott property, and m 11 that access is legal. It will be permitted, and r. 12 that will be the access to our product. Otherwise, J Q 13 we have a landlocked piece of property, and the 14 only people who would be stopping us from being 15 able to develop it would be Collier County, and 2 z 16 then it would become a taxpayer burden versus the N 17 right way to resolve this is to allow access to a 2 U 18 landlocked piece of property. • as 19 UNIDENTIFIED MALE VOICE: Well, one of the 20 things that you said, Sienna Reserve might not like 21 it, but they're going to have a full -- full c 22 service gate, manned 24 hours, what I understand. N 23 Very expensive for 50 homes or whatever they have 24 in there. May very well want to share that cost 25 with you that would reduce the overall cost to Packet Pg. 147 9.A.g 29 1 develop it. 2 So I don't know -- when you say they don't r= 3 want it, I mean -- 4 UNIDENTIFIED FEMALE VOICE: No, they don't o J 5 want it. N 0 6 UNIDENTIFIED FEMALE VOICE: And no intrusion Ci 7 into the preserve. 8 UNIDENTIFIED FEMALE VOICE: Right. 9 MR. YOVANOVICH: All of that green stuff above co 0 10 the white, that's all preserve. Q 11 MR. ARNOLD: Including this. ti 12 MR. YOVANOVICH: So you're going through the J 13 preserve? cn 14 UNIDENTIFIED FEMALE VOICE: How can you U, 15 (indiscernible) the preserve (indiscernible) going z 16 to go through the preserve. It' s already dedicated N 17 as a preserve and now you turn around and say we're 18 the third person, you can't go Wilshire, you can't 0 19 do the other, so we now, in Marsala, our preserve, Q. 20 you now -- we have to be stuck with you coming 21 through our preserve. c 22 UNIDENTIFIED FEMALE VOICE: Uh-huh. 23 UNIDENTIFIED FEMALE VOICE: Why do you get 24 permission to go through a preserve? What ' s the 25 point of it being a preserve? Packet Pg. 148 9.A.g 30 1 UNIDENTIFIED FEMALE VOICE: You're destroying 2 our views and the animals' habitat. N N 3 MR. ARNOLD: We're taking all of that under a 4 consideration through our permitting process. c N J 5 UNIDENTIFIED FEMALE VOICE: I feel like the a N 0 6 whole golf course on our side has just been d 0 7 decimated by every development. They took every d 8 tree away. 2 9 UNIDENTIFIED MALE VOICE: So when you go close 10 to the golf course there, will you be able to see a� a 11 the cars going from the golf course, be able to see ti 12 the cars going through there? J Q 13 UNIDENTIFIED MALE VOICE: Oh, yeah. cn 14 MR. ARNOLD: In this area? 15 MULTIPLE SPEAKERS: Yes. 2 2 16 MR. ARNOLD: Well, we've made a commitment on 17 our buffer exhibit that we have to maintain a type 2 U 18 B buffer, which requires opacity at six feet high. • a 19 So I don't know that you're not going to see -- I a 20 don't think you're going to see those cars. 21 UNIDENTIFIED MALE VOICE: The same opacity you 22 were talking about on the other side? U 23 MR. ARNOLD: Yes, sir. E 24 UNIDENTIFIED MALE VOICE: First you're going 25 to rip out the the vegetation and then Packet Pg. 149 9.A.g 31 1 (indiscernible) . 2 UNIDENTIFIED MALE VOICE: When we rip out the mc .71 vegetation (indiscernible) -- 0 et 4 UNIDENTIFIED MALE VOICE: Yeah. N J 5 UNIDENTIFIED MALE VOICE: -- in front of that a- N 6 vegetation, there will be a six-foot tall hedge a. c 7 that' s required to reach a full opacity, so you a. 8 can't see through that hedge. So that hedge will ca 9 be there even if we remove (indiscernible) on the a U_ 10 other side. m . 11 UNIDENTIFIED MALE VOICE: That' s -- can I -- ti 12 and that' s six-foot tall at the day you put it in J Q 13 or is it something you allow to grow to six feet? cD 14 MR. ARNOLD: It 's grown -- N Lt) 15 UNIDENTIFIED MALE VOICE: It has to reach six 2 Z 16 feet, I think, within a year. -� RS 17 MR. ARNOLD: Within a year, yeah. 18 UNIDENTIFIED FEMALE VOICE: Oh a 19 (indiscernible) . Q U 20 MR. ARNOLD: Any other comments over here? 21 UNIDENTIFIED FEMALE VOICE: I can't find -- 22 obviously, it hasn't been approved yet, last I 23 heard, but has there been any discussions, because 24 I can't find any documentation, of the mitigation 25 you'll be required to pay either at Panther Island Packet Pg. 150 9.A.g 32 1 or on site or whatever, has -- is there any of 2 that, credits been determined? I read the November N N 3 5th letter, where it was first 13 credits and then 0 0 0 v 4 the -- the vegetation came back rare and less o N J 5 exotics. a N d 6 Is there a number somewhere sitting out there C 7 that I can see for the impact of all this? a=. z 8 MR. ARNOLD: I 'm not sure about that. There L m 2 9 probably are some estimates, but until you get the c v_ 10 final permit and you get the final credits, I don't m a 11 think we know that number with assurances. M h 12 UNIDENTIFIED FEMALE VOICE: Isn't that part of J Q 13 the permit that you're looking for approval? Z E 14 MR. ARNOLD: It is, but that permit is not N ul 15 approved yet. 2 z 16 UNIDENTIFIED FEMALE VOICE: I know that -- -c N m 17 MR. ARNOLD: It's still going through review. 2 c m c.) 18 UNIDENTIFIED FEMALE VOICE: -- because I 've '� a 19 talked to them. That's -- I 'm just asking -- since Q L o 20 the time I talked to them to the time of this c F 21 meeting, has there been a number determined on the m 22 mitigation which -- E U R w 23 MR. ARNOLD: Is -- 24 UNIDENTIFIED FEMALE VOICE: -- for the impacts 25 to the wetlands and the wildlife and everything Packet Pg. 151 9.A.g 33 1 else? 2 UNIDENTIFIED MALE VOICE: We're still N 3 negotiating. 4 UNIDENTIFIED FEMALE VOICE: Okay. c N J 5 MR. ARNOLD: They're still under negotiation a 6 with the Water Management District on that point . Ci 7 UNIDENTIFIED FEMALE VOICE: Okay. That ' s all a 8 -- I wouldn't know that. 2 9 MR. ARNOLD: Okay. 10 UNIDENTIFIED MALE VOICE: You know, a 11 transportation issues is my major concern. I think ti 12 you've addressed some of the other things that -- J Q 13 working with our board. But it's hard enough to 14 see right now, when cars are coming and you're 15 trying to go out from Marsala -- z 16 UNIDENTIFIED FEMALE VOICE: Uh-huh. RS 17 UNIDENTIFIED MALE VOICE: -- as cars start to 2 18 build, not very far from our -- traffic starts to a 19 build turning in, it ' s going to be very difficult a 20 to see over these cars. It' s going to be very 21 dangerous. +; c 22 That' s why I really hope you reconsider Sienna U R 23 Reserve option again. 24 UNIDENTIFIED MALE VOICE: It' s not going to 25 happen. Packet Pg. 152 9.A.g 34 1 MR. ARNOLD: I mean, it's a function of 2 getting through Collier County government. They t= N N 3 control the Livingston Road, and as Rich said, we 4 believe we're entitled to access. So the question 5 is, where is that best and safest access point and N 6 that's where we've proposed it. d 7 Did I see somebody with their hand up over n= 8 there? 9 UNIDENTIFIED FEMALE VOICE: I did. U 10 MR. ARNOLD: Yes, ma'am. n. 11 UNIDENTIFIED FEMALE VOICE: I was just going ti 12 to say gently that Steven Zuckerman (phonetic) owns J 13 Sienna Reserve. I know him quite well . And ca 14 believe me, he' s not going to let anybody come 15 through there that isn't buying his homes, and I 2 z 16 honestly understand that. Even if there were a N 17 cost sharing, I think the people that live in 18 Sienna Reserve would have a conniption fit having • a 19 -- having bought a new property and they see it as c. U 20 it is. I just -- I just think that would be a dead 21 horse possibly. as 22 UNIDENTIFIED FEMALE VOICE: Ditto. 23 UNIDENTIFIED FEMALE VOICE: Yeah. 24 MR. ARNOLD: Any other comments back there? 25 Yes, ma'am. Packet Pg. 153 9.A.g 35 1 UNIDENTIFIED FEMALE VOICE: You know, in 2 regard to traffic, I 've been watching as I go in 3 and out of my neighborhood, Marsala, and when the 0 4 light changes at heavy traffic times, there are o N J 5 generally two cars abreast, with another car behind N 0 6 in this lane, and sometimes there are three C 7 abreast. 0. 8 Now, you've got that going north. You've got 9 the same amount of traffic coming south. You're 10 trying to get out and go south yourself. It's 11 very, very difficult and it is and can be very r- T 12 dangerous. J 13 Then you have someone coming from the south cp 14 going to make the loop either to turn into Marsala 15 or turn and go north, it 's dangerous. z 16 MR. ARNOLD: Well, for what it ' s -- 17 UNIDENTIFIED FEMALE VOICE: I wish -- I wish, 2 18 if you haven't seen it or been there, I wish you 19 would have a committee that would go and watch for Q 20 yourselves at the very busy times, which is earlier 21 in the morning, say 8 to 10, and maybe from 1 to 5 C 22 or to 7, really. Between 5 and 6 and 7, 3 : 00 is U f4 23 terrible. And then you have school buses. Q 24 So it isn't -- it isn't just a 25 (indiscernible) . Packet Pg. 154 9.A.g 36 1 MR. ARNOLD: Well, just to let you know, our 2 anticipated access, Collier County has told us we r= N N 3 might get the directional left in. We're going to 0 0 4 have a right in, a right out, but we're not getting J 5 a left southbound turn out of our project. a 0 6 UNIDENTIFIED FEMALE VOICE: Will people who n. 0 7 live in that area be told about exactly what is a=. 8 going to be done prior to them doing it? 2 9 MR. ARNOLD: I'm not sure what you mean by 10 that. °' 11 UNIDENTIFIED FEMALE VOICE: Will we be made r 12 aware of the plan for the traffic in detail before J 13 it is actually started, before it is constructed? LL tD 14 MR. ARNOLD: Well, Collier County, if they 15 were doing the road work, they would require us to 2 z 16 hire a contractor to put in our turn lane, for 17 instance. We'd have to get right-of-way permits 2 U 18 from them, but I don't believe there's any publicly • 19 noticed process to notify nearby residents of that Q 20 type of construction activity. ca 21 Mike, am I wrong? There' s not, is there? 22 UNIDENTIFIED MALE VOICE: That' s correct. U N 23 UNIDENTIFIED FEMALE VOICE: I don't think 24 that' s right, because we're the ones that have to 25 deal with the traffic, and it' s dangerous. And you Packet Pg. 155 9.A.g 37 1 know what? We're all getting older every day. 2 MR. ARNOLD: I feel it every day, too. 3 UNIDENTIFIED FEMALE VOICE: And that makes it 0 ,tt 4 more dangerous. It raises the percentage of N J 5 danger. Steering and seeing, reactions. a 0 6 (Multiple simultaneous speakers. ) a Ci 7 MR. ARNOLD: Okay. Can we -- we're trying to a 8 record, so let' s keep our conversations to one at a 2 9 time, if we can. U_ 10 UNIDENTIFIED MALE VOICE: With that m 11 directional left, which I assume is a left turn N- 12 lane, is that what you mean (indiscernible) ? Q 13 MR. ARNOLD: Yes. It would be a left -- LL m 14 southbound left turn lane into our project. tt) 15 UNIDENTIFIED MALE VOICE: Right. And then Z 16 what happens coming out of Marsala? Will we still N 17 be able to go and make a left out of Marsala? 2 0 18 MR. ARNOLD: I don't know. I mean, we a 19 certainly aren't going to propose any changes to V 20 your access point. 21 UNIDENTIFIED MALE VOICE: And I guess the 22 county has got to make that decision? Is that 23 what' s happening? 24 MR. ARNOLD: It would be the county' s 25 decision. Jim (indiscernible) ? Packet Pg. 156 9.A.g 38 1 MR. BANKS: Yeah, we would have nothing to do 2 with Marsala's access. That 's all for the county. N 3 UNIDENTIFIED MALE VOICE: I 'm sorry? 4 MR. BANKS: That would be a county decision. J 5 UNIDENTIFIED MALE VOICE: And you're not a N 6 representing the county? 7 MR. BANKS: I'm not -- no, I 'm representing n. 8 the applicant, WCI. 2 9 UNIDENTIFIED MALE VOICE: Oh, okay. 10 MR. BANKS: So anything we do with this a� a 11 project will have no effect on what your access ti 12 (indiscernible) as far as the county's concerned. J Q 13 MR. ARNOLD: Anything else from anybody? 14 (Indiscernible) . Patrick, you want to U, 15 (indiscernible) ? 2 z 16 UNIDENTIFIED MALE VOICE: No, no. Please. 17 MR. ARNOLD: Gentlemen? Okay. 2 18 UNIDENTIFIED FEMALE VOICE: I was just going • a 19 to ask how many feet is it, if we come out of L 20 Marsala and take a right, how many feet will be 21 before the other people are turning left to the m 22 access road? 2 23 MR. ARNOLD: Is it about 660 feet, Jim, 24 approximately? 25 MR. BANKS: 660, 700 feet, something like Packet Pg. 157 9.A.g 39 1 that, yeah. 2 MR. ARNOLD: Okay. 3 MR. BANKS: It 's the standard intersection 4 separation that you see along Livingston Road. N J 5 UNIDENTIFIED FEMALE VOICE: Uh-huh. a N 6 MR. BANKS: We do meet the county standard on 0 a Ci 7 that. a 8 MR. ARNOLD: Patrick? 2 9 MR. WHITE: I just have a statement to read. c U 10 I 'm Patrick White. I represent the Save the a 11 Preserves board of directors. ti 12 MR. ARNOLD: Shh, please. a 13 MR. WHITE: And the board has asked me to read 14 into the record the following statement. Save the 11) 15 Preserves, Incorporated, board of directors states 2 Z 16 for the record that WCI and the board of Save the 17 Preserves entered into a written agreement on 2 18 January 15, 2016, which addresses the specific a 19 concerns of the STP, Save the Preserves board and Q. 20 members of STP who own property in Marsala at 21 Tiburon. 22 The STP board will not act to oppose the PUD 23 amendment so long as the applicant makes the final 24 edits we have requested and does not thereafter 25 alter them in a manner STP would not accept. In Packet Pg. 158 9.A.g 40 1 that event, we would not expect to have to raise 2 any further concerns. Going forward, STP will N N 3 merely continue to closely monitor the staff report 4 and attend the CCPC and BCC public hearings to N J 5 assure that STP's interests are fully protected a 6 throughout the conclusion of the zoning approval d a 7 process. Thanks. a 8 MR. ARNOLD: Thank you, Patrick. 2 9 Any other questions, comments? Going once -- C 10 UNIDENTIFIED FEMALE VOICE: When you say a m a 11 ten-foot wide type B landscape buffer -- eMn ti 12 MR. ARNOLD: Uh-huh. J 13 UNIDENTIFIED FEMALE VOICE: -- is that wide in LL 14 the depth or -- U, 15 MR. ARNOLD: It's ten-foot width, is what the Z 16 county looks at. It's a ten-foot wide buffer and a 17 type B talks about the type of vegetation that gets 2 18 planted within that buffer. It requires to be a • a 19 berm, a wall or hedge, and in this case we've a 20 specifically identified a hedge in this location 21 because that's what the STP group thought was C 22 better than having any kind of physical wall in o 2 23 that location. So that would be a hedge that gets 24 maintained at six-foot high. 25 UNIDENTIFIED FEMALE VOICE: So -- and it's Packet Pg. 159 9.A.g 41 1 only in those dark shaded areas? 2 MR. ARNOLD: Those are the enhanced buffer .= 3 areas, yes. This is -- this abuts preserves. c 4 These abutted residential homes, and, of course, J 5 there are homes above that, but it's all our a N O 6 preserve area. a 0 7 Yes, ma'am. a 8 UNIDENTIFIED FEMALE VOICE: Could you go back co 2 9 one to 12, slide 12, where you have the two plans, U_ 10 before and after? a 11 MR. ARNOLD: Sure, yeah. (Indiscernible) . h 12 There you go. J 13 UNIDENTIFIED FEMALE VOICE: Okay. Can you 14 tell me what the Wilshire Lakes buffer was before? U, 15 Because it certainly was a lot wider. 2 Z 16 MR. ARNOLD: Well, this was our before plan -- 17 UNIDENTIFIED FEMALE VOICE: Uh-huh. 18 MR. ARNOLD: -- showing the configuration. a 19 This is the before. We're increased the Q 20 (indiscernible) . 21 UNIDENTIFIED FEMALE VOICE: I 'm not talking 4"C' 22 about the back. I 'm talking about the vertical U f0 23 sides. 24 MR. ARNOLD: These sides? 25 UNIDENTIFIED FEMALE VOICE: Uh-huh. Packet Pg. 160 9.A.g 42 1 MR. ARNOLD: I don't know. I mean, that ' s 2 going to be a ten-foot wide buffer. 3 UNIDENTIFIED FEMALE VOICE: I know, but what 4 was it before? N J 5 MR. ARNOLD: You know, ma'am, I don't know. 0 6 That was just a conceptual exhibit. It was always d 0 7 proposed to be a ten-foot wide buffer. Residential n0. 8 to residential, Nancy, I think, correct me if I 'm 9 wrong, single family to single family requires a a 10 ten-foot wide type a buffer, which is a tree every a� 11 30 feet or so. A type B buffer gets you an opaque P+ 12 hedge in addition to the trees. 13 UNIDENTIFIED FEMALE VOICE: So the number, as LL 14 far as you know, has not changed? This is 15 conceptual, visual -- z 16 MR. ARNOLD: These plans were always 17 conceptual, and I say that because WCI hasn't made 2 18 a final product decision. The lot lines aren't 19 platted yet. We don't know. U 20 I mean, Mike Delate in our office has been 21 looking at different iterations with WCI C 22 Communities as we're going through the permitting U 23 process. 24 You know, the Water Management District raises 25 a question and comment. The Army Corps raises a Packet Pg. 161 9.A.g 43 1 question or comment. Things get shifted. 2 So until we get past this point, I call all of 3 these conceptual. So the commitments that we make o 4 are to those minimum buffer requirements that will N J 5 be specified on the buffer plan. a 6 Yes, sir. You haven't had a chance yet. Ci 7 UNIDENTIFIED MALE VOICE: Yes, sir. Can we go d s 8 to the next slide again? No, that way. ca a 9 If you' ll look at the Marsala golf course, and 10 you haven't seen me play golf, but I could sure hit a 11 that road on a drive from that -- from that 14th ti 12 tee. J 13 UNIDENTIFIED MALE VOICE: Right here 14 (indiscernible) . 15 UNIDENTIFIED MALE VOICE: Right. 2 Z 16 UNIDENTIFIED MALE VOICE: Where it comes -- - L ca 17 I 'm talking about where it comes down, you know. cts 18 UNIDENTIFIED FEMALE VOICE: Yeah. Close to763 19 the dogleg. U 20 UNIDENTIFIED MALE VOICE: Right into the -- F.. 21 right (indiscernible) exactly. The 660, which is 22 -- which is on Livingston Road, but that's not 660. t6 23 MR. ARNOLD: No, absolutely not. Q 24 UNIDENTIFIED MALE VOICE: And that seriously 25 could be a problem. I mean, I hate to tell you -- Packet Pg. 162 9.A.g 44 1 UNIDENTIFIED MALE VOICE: (Indiscernible) when 2 you retrieve it. 3 UNIDENTIFIED MALE VOICE: -- how I hit balls, O 4 but that could be a problem. J 5 UNIDENTIFIED MALE VOICE: (Indiscernible) high a' N 6 handicap. a❑. 7 MR. ARNOLD: Yes, sir? LL 8 UNIDENTIFIED MALE VOICE: Just when you -- 2 9 when you proceed, then, with the buffer area that 10 you have there, as you complete the houses and make 11 the sales to the homeowners, who retains title or N 12 who has title to that preserve area? Does that go J 13 to the county or does that stay with WCI or where 14 does that go? to 15 MR. ARNOLD: The ownership could stay -- it g Z 16 probably goes with the property owners association, w 17 ultimately, but there will be conservation 2 18 easements over it in favor of the county and 19 probably South Florida Water Management. 'L U 20 I 'm guessing, Mike. Is that -- c.. L 21 MR. DELATE: Yes. w 22 MR. ARNOLD: Okay. U co 23 UNIDENTIFIED MALE VOICE: So that -- that 24 (indiscernible) that would imply then that there 25 could be no further development on that no matter Packet Pg. 163 9.A.g 45 1 who owns it; is that correct? 2 MR. ARNOLD: That 's correct. There would be N 3 no residential development. I mean, there' s some o 4 very -- 0 N J 5 UNIDENTIFIED MALE VOICE: Or anything. 6 MR. ARNOLD: There's some very minimal Ci 7 non-invasive passive things that are permitted by ti. 8 some of the conservation easements. I don't know, ca 2 9 you know, what a future homeowners association 10 might propose, if they want to have a little nature 11 circle or something through there, but it's very ti 12 passive uses that would only be permitted. J 13 Anybody else? Ready to adjourn? cfl 14 UNIDENTIFIED FEMALE VOICE: Yeah. 15 MR. ARNOLD: Going once, twice. Thank you 2 Z 16 all. Appreciate it. = 17 UNIDENTIFIED FEMALE VOICE: Thank you. 2 18 UNIDENTIFIED FEMALE VOICE: Thank you. 19 (Proceedings concluded. ) IL 20 cQ 21 22 ca 23 24 25 Packet Pg. 164 9.A.g 46 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 O 4 I, Joyce B. Howell, do hereby certify that: J 5 1. The foregoing pages numbered 1 through 45 a 6 contain a full, true and correct transcript of C 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a ca 2 9 digital audio recording. ca v_ 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled r• 12 cause. J 13 3 . I am not financially or otherwise LL 14 interested in the outcome of this case. U, 15 DATED: May 5, 2016 a Z 16 =n 17 SIGNED AND CERTIFIED: 2 c U 18 a 19 Joyce B. Howell '5 20 ca 21 Y C 22 C o lII 23 24 25 Packet Pg. 165 (EGzz000nond-zand 'and lisJelikl ueollad ££LI.) uogewJo}ut ;saia;ut Jo ainsopst® :;uauayoetty cfl Pelican Marsh PUD a Exhibit 1 a Disclosure of Interest Information . a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common,or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address Percentage of Ownership Robert J Haaga 100% 2999 E Ocean Boulevard Unit 930 Long Beach,CA 90803 • • Page 1 of 5 Attachment E (uz 0001'Iofld-Zafld `and tIsaelN uealiad ££L4) uonetwo4ui;saaalul amsolasia :luauayoea;� Pelican Marsh PUD Y CL Exhibit 1 Disclosure of Interest Information b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address Percentage of Ownership Tiburon Golf Ventures 100% 24301 Walden Center Drive Bonita Springs, FL 34134 • Officers and Stockholders Percentage of Interest Page 2of5 (uzz000nOnd-zand 'and liSJein ueone : ££L I.) uopewiojul ;sa.►a;ul jo aJnsopsla :;uawgoe tv c coPelican Marsh PUD V c4 Exhibit 1 Disclosure of Interest Information c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address Percentage of Ownership Vanderbilt Beach Road Land Trust 100% 809 Walkerbilt Road,Suite 5, Naples,34110 Beneficiaries of Trust Percentage of Ownership American Properties Group LLC 50% Officers and/or Stockholder Marie Bratt 100% Sun Treasure Properties LLC 50% Officers and/or Stockholder Joseph S. Popp 100% Page 3 of 5 (14zz000ji 0nd-zafld 'and ElsieW ueolled : E£LO uo:;ewJolul lsaaa;ul}o aansoiosm :4uawgoe;lm Q C) of 0- Pelican Pelican Marsh PUD a Exhibit 1 Disclosure of Interest Information c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address Percentage of Ownership Mary Longner Tr Est 100% Mary V. Longner Living Trust EST Beneficiaries of Trust Percentage of Ownership See Attached Page 4 of 5 (6i.zz000nond-nand `Ond ysae j ueollad : ££Lb) uol}ewaojul}saaa}ul jo aansolasla :}uauagloe}}y cria Pelican Marsh PUD t6 Exhibit 1 °" Disclosure of Interest Information e. if there is a CONTRACT FOR PURCHASE,with an individual or individuals, a Corporation,Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries,or partners: Name and Address Percentage of Ownership WCI Communities, LLC(a publicly traded company) 100% 24301 Walden Center Drive Bonita Springs, Florida 34134 Date of contract date of option date option terminates anticipated closing #1 Jan 30,2014 Jan 30,2014 Nov 30 2016 Nov 30,2016 #2 Jan 28,2014 Jan 28,2014 Aug 28 2016 Aug 28,2016 #3 Oct 1,2014 Oct 1,2014 Nov 30 2016 Nov 30,2016 1 ii Page 5 of 5 (1,42Z000'h40Z1d-Zafld 'and gsaeym ueo!Iad : ££LI.) uoRewJolui a.cnsolasm :auaLuyoe4ld ti ai Pelican Marsh PUD a. Exhibit 1 Disclosure of Interest Information d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address Percentage of Ownership HHR NAPLES GOLF LLC 1%GENERAL PARTNER HMC NAPLES GOLF, INC. 49% LIMITED PARTNER HOST HOTELS & RESORTS, L.P. 50% LIMITED PARTNER Address for all partners: TIBURON GOLF VENTURES LIMITED PARTNERSHIP c/o Host Hotels and Resorts, Inc. 6903 Rockledge Drive,Suite 1500 Bethesda, MD 20817 Attention: General Counsel • Page 1 of 1 04ZZ000$6ond-nand ,and ysiew ueoiled ££L L) uol;ewiojul ;seia;ul jo aJnsolosl® ' th a. C, Beneficiaries of Mary V. Longner Trust A. One-half(; )to the grantor's daughter,Karen F. Wiles,if she survives the grantor. If Karen F.Wiles does not survive the grantor,said one-half(Y2) share shall be distributed in equal shares to.Scott H. Schloff,David L. Wiles,Nicholas Schloff and Christopher Schloff,provided that if any of those beneficiaries(hereinafter, `.Beneficiary of Group I")predecease the grantor but a descendant of the deceased Beneficiary of Group I survives the grantor,the trustee shall distribute the share the deceased Beneficiary of Group I would have received,if living,per stirpes,to the descendants of the Beneficiary of Group I who survive the grantor. B. One-half(V2)to the following beneficiaries in the Iisted percentage interest (hereinafter,."Beneficiaries of Group II"): 5% to Gail Allard of 19 Kenwood,Davenport,Iowa, if she survives the grantor, If she does not survive the grantor,her interest shall be distributed to her descendants who survive her,per stirpes. If she has no surviving descendants,her interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 5% to Marie Ziegler of Hay Island,Darien Connecticut, if she survives the grantor. If she does not survive the grantor,her interest shall be distributed to her descendants who survive her,_per stirpes. If she has no surviving descendants,her interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 12% to Gary Longner of 2000 Timber Creek Drive, Marion,Iowa, if he survives the grantor. If he does not survive the grantor,his interest shall be distributed to his descendants who survive him,per stirpes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. ';' �64ZZ000ti.QZ1d-Zand 'and gsaeIN ueoiled : ££LL) uoe}ewao}u{4saaa}uf Jo aansopos!a ltiewgoapv M ti Q ai a. a, c, a 12% to Russell Diamond of 25018 Sylvan Oaks Drive, Balrico,Florida, if he survives the grantor. If he does not survive thegrantor,his interest shall be distributed to his descendants who survive him,Rex stirpes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 12% to Ronnie Diamond of 12876 Whitebridge Drive, Fishers,Indiana if he survives the grantor. If he does not survive the grantor,Ms interest shall be distributed to his descendants who survive him,per stirpes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 12% to Gregg Diamond of 2144 Brookgate Drive, Grapevine,Texas if he survives the grantor. If he does not survive the grantor,his interest shall distributed to his descendants who survive him,mer, stirpes. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 30%© to Ward Longner of 22120 Maysville Road, Walcott,Iowa if he survives the grantor. If he does not survive the grantor,his interest shall be distributed to his descendants who survive him,or_ stirpes.. If he has no surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 12% to Martin Longner of 3712 Highway 95,Bullhead City,Arizona, if he survives the grantor. If he does not survive the grantor,his interest shall be distributed to his descendants Whosurvive him,per __ .stupes. If he hasno surviving descendants,his interest shall be divided equally among the Beneficiaries of Group II who survive the grantor. 9.A.I Pelican Marsh PUD Deviation Justifications Deviation 1: Deviation 1 seeks relief from LDC Section 3.05.07.A.5, Preserve Standards, which requires preserve areas to be interconnected within a site, to permit the reserve (preserve) area located east of Livingston Road to be separated from the remaining preserve area on-site. Justification: v This deviation is justified because the proposed legal access to the site from Livingston Road will require the access road to cross the existing preserve area. The applicant cannot gain access to the site from Livingston Road without impacting a portion of the preserve area. The a=. area proposed to be impacted is in an area that will allow the largest contiguous area of the preserve to remain. The project will continue to exceed the minimum acreage requirement for a native vegetation preservation. c 2 U a ti a co N U RS Page1of1 t,racIN Minor cRil I 4.krrr1;•Land Sulreyors•Maui,•I.J Ld rapt trrftt1 n In Packet Pg. 174 9.A.m NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION and AN ORDINANCE Notice is hereby given that on Tuesday September 13,2016, in the Board of County Commissioner's Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance and Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance and Resolution is as follows: The purpose of the hearing is to consider: A Resolution amending Resolution Number 95-71 (Development Order no.95-01),as amended,for the Pelican Marsh Development of Regional Impact("DRI")located in Sections 25,27,34,35 and 36,Township 48 South,Range 25 East and Section 31,Township 48 r- South,Range 26 East in Collier County,Florida by providing for: N Section One,Amendments to Development Order by adding 43.2 CV acres to the DRI;by revising Exhibit"V and Map"H3"contained o in the DRI Development Order to add 43.2 acres to the DRI and an e access point on Livingston Road;and by increasing the reserve 4 and right of way; Section Two, Findings of Fact;Section Three, Conclusions of Law;and Section Four,Effect of Previously Issued cm Development Orders, Transmittal to Department of Economic J Opportunity and Effective Date. (Petition DOA-PL20140002309) p. And Companion Item GI An Ordinance of the Board of County Commissioners of Collier d N County, Florida amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development,and amending Ordinance No. c w 2004-41,the Collier County Land Development Code,by amending d Z the appropriate zoning atlas map or maps by changing the a, zoning classification of an additional 43.2±acres of land zoned .c Rural Agricultural (A) to the Pelican Marsh PUD; by amending L co the Planned Unit Development document and the Master Plan ca N to add R1 district parcels for 66 single family dwelling units;by E ar correcting a scrivener's error in the PUD Master Development c I. Plan to Ordinance No. 2002-71 which omitted 141.6 acres east as Z of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district; m w by increasing the reserve and right of way;and by providing an O. NE. effective date.The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt a•-) v Beach Road in Section 31, Township 48 South, Range 26 East, M N Collier County,Florida consisting of 2,256.8±acres for the entire VI —Marsh PUD.(PUDR-PL20140002211) �— m A copy of the proposed Ordinance and Resolution is on file c Q with the Clerk to the Board and is available for inspection. All c interested parties are invited to attend and be heard. e•-> -a M y NOTE: All persons wishing to speak on any agenda item must c register with the County manager prior to presentation of CI the agenda item to be addressed. Individual speakers will be — limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. as C If recognized by the Chairman, a spokesperson for a group or c c) organization may be allotted 10 minutes to speak on an item. a Persons wishing to have written or graphic materials included in Q the Board agenda packets must submit said material a minimum ms of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of Ti seven days prior to the public hearing. All materials used in to presentations before the Board will become a permanent part J of the record. .;-: Any person who decides to appeal any decision of the Board w will need a record of the proceedings pertaining thereto and E therefore, may need to ensure that a verbatim record of the -c proceedings is made,which record includes the testimony and u a evidence upon which the appeal is based. r Q If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) August 24,2016 No.1231105 Packet Pg. 175