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Agenda 03/24/2015 Item # 9A 3/24/2015 9.A. 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 of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88, the Cocohatchee Bay Residential Planned Unit Development, as amended by settlement agreement dated June 9, 2008, by increasing the permissible number of dwelling units from 590 to 652; by increasing the development area; by amending Ordinance Number 2004-41,the Collier County Land Development Code, to amend the appropriate zoning atlas map or maps by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay(RSF-3-ST) to the Cocohatchee Bay RPUD, being added thereto as preservation lands; by removing the Golf Course "GC" tract and replacing with Residential "R2" tract; by changing the residential development area to Residential "Rl" and "R2" development tracts to allow high-rise, low-rise and single-story multi-family dwellings in "Rl" and single family detached dwellings in "R2"; by creating an Amenity/Recreation "AR" tract; by allowing recreational amenities to be available to residents, club members and their guests; by adding deviations; by restricting placement of docks to within the water management lakes located within the RPUD; by adding a private road cross section; by adding a Sidewalk Master Plan; by revising the Development Standards; by amending the Master Plan; by revising Developer Commitments; and by providing an effective date. The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 625.61±acres [Petition PUDZ-PL20130001813]. OBJECTIVE: To have the Board of County Commissioners (BCC) 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 this PUD 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 applicant is asking the (BCC) to consider an application for an amendment to the existing PUD zoned project known as Cocohatchee Bay Residential Planned Unit Development (RPUD), to approve several changes to the project. The subject property is governed by a Settlement Agreement and Release between the BCC and Lodge Abbott Associates, LLC dated June 9, 2008. The BCC will need to determine that it wants to amend the Settlement Agreement before it makes a decision on the rezoning petition. For details about the project proposal, refer to "Purpose/Description of Project" in the staff report prepared for the Collier County Planning Commission (CCPC). FISCAL IMPACT: 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 of the Growth Management Plan 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 Packet Page -8- 3/24/2015 9.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): The subject properties are designated Urban Residential Subdistrict, as identified on the county- wide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). A majority of the Cocohatchee Bay PUD property is within the Coastal High Hazard Area (CHHA), and a portion is outside the CHHA. The Urban Residential Subdistrict allows a base density of 4 units per acre for those lands located outside the CHHA boundary. However, lands located within the CHHA boundary, the Density Rating System of the FLUE subtracts 1 unit per acre, for a total eligible density of 3 units per acre. The existing Cocohatchee Bay PUD is approved for 590 dwelling units (DU) on 532.09 acres, which yields a maximum permitted density of 1.11 dwelling units per acre (DU/A). Relevant to this petition request, the Urban Residential Subdistrict allows residential development subject to the Density Rating System provisions; and non-residential uses such as recreation and open space; and water-dependent and water-related uses subject to Objective 10.1 of the Conservation and Coastal Management Element (CCME) of the GMP and the Collier County Manatee Protection Plan. The proposed additional 62 DUs yields a maximum of 652 DUs allowed on 626.61 acres of land, or 1.04 DU/A. Because the proposed increased density is below the maximum allowed eligible density of 3 DU/A for those lands located within the CHHA boundary, and the 4 DU/A for those lands outside the CHHA boundary, the PUD would remain consistent with the Density Rating System of the FLUE. The petition request does not propose development within the±93.52 acres of land to be added to the Cocohatchee Bay PUD boundary. The additional DUs and uses are proposed to be developed partly within the current Residential "R" development areas of the PUD that is proposed to be renamed to "R1," and partly within the existing "GC" area located on the east side of Vanderbilt Drive, and which is proposed to be renamed to "R2," as depicted in the revised PUD Master Plan. Existing density: 590 DUs /532.09 acres= 1.11 DU/A Proposed density: (590 DUs+62DUs) /(532.09 acres+93.52 acres) = 1.04 DU/A. Note: The LDC contains a different calculation of density by excluding land submerged beneath tidal water bodies and land considered to be marine wetlands. This results in a higher gross density. 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, FLUE Objective 7 and Policies Packet Page -9- 3/24/2015 9.A. shall be implemented for new development and redevelopment projects, where applicable. The proposed PUD amendment proposes new development patterns and increased density, and therefore applicable policies are listed below, followed by staff analysis in bold print. 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. (Criterion met. As depicted in the revised Master Development Plan, the amendment seeks to add an access onto Wiggins Pass Road(C.R. 888), a collector road as identified in the Transportation Element, in addition to the PUD's existing approved access to Vanderbilt Drive (C.R. 901), a collector road in the Transportation Element.) 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. (Criterion met. The proposed amendment maintains internal access within and between the residential development areas Rl and R2 of the PUD.) Policy 7.3: All new and existing developments shall he encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. (Criterion met. Interconnection to adjoining properties: Bay Forest PUD, Waterglades PUD, Glen Eden on the Bay PUD, Arbor Trace PUD, Village Place PUD, Coconilla PUD, Pelican Isle Yacht Club, RT Zoned lands, and Tarpon Cove PUD, is not feasible or appropriate because lands have been developed with dwelling units, are gated communities or are designated preserve areas.) 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. (Criterion met. The proposed amendment adds single-family units to the existing allowed multi family units. Significant open space is provided(preserves alone are 250 acres.) Civic uses are not proposed but clubhouse use is allowed which are sometimes used for civic purposes, e.g. polling places. As to walkable community, the PUD includes commitment to provide sidewalk along Wiggins Pass Road and multi-use path along Vanderbilt Drive, both external to the PUD, and provides, via a requested deviation, that sidewalks will be built on one side of the internal streets but will be 6' wide instead of the required 5' wide. Given that there will only be 62 SFDUs, and most streets there will be single loaded (lots on one side of street only), staff does not object to this deviation.) The FLUE was amended in 2013 as part of the EAR-based GMP amendments, including a revision in the boundary of the CHHA. Almost all of the existing PUD is now within the CHHA, and the ±93.55-acre addition is entirely within the CHHA. As a result, the vast majority of this proposed PUD is limited to a maximum density of 3 DU/A. However, amended CHHA boundary does not affect the subject PUD in that its existing and proposed density is well below this maximum density. Packet Page-10- 3/24/2015 9.A. CONCLUSION: Based upon the above analysis, the proposed PUD rezone petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC/EAC heard this petition on December 18, 2014, and found that the criteria of Section 10.02.08.F and 10.02.13.B.5 were met. By a vote of 4 to 1 (Commissioner Ebert did not support the motion), with the motion made by Commissioner Chrzanowski and seconded by Commissioner Homiak, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following final changes to the PUD document: 1. Guest suites are limited to a maximum of 30 for the entire PUD; 2. In the AR tract, principal and accessory uses shall be setback a minimum of 100 feet from the north property line; 3. The maximum amount of preserves that can be used for passive recreational use is 5 percent; 4. Lights in the tennis courts shall be flat panel, full cut off shields; 5. Tennis courts shall only be used during the hours of 7 AM to 10 PM; 6. Guest suites and cabanas shall only be listed as accessory uses throughout the PUD; 7. The eagle's nest location plan shall be added to the bald eagle management plan; 8. Remove item B.2.iii in Section 3.4 regarding outdoor recreation facilities; 9. Delete the accessory height reference in the Development Standards Table; 10. In Section 6.7 Transportation, delete item D. regarding noise mitigation; 11. In Section 6.7 Transportation, item F, change reference to CO at building to CO at unit; 12. In Section 6.8 Utilities, delete Sections A, B, C & D; Packet Page-11- 3/24/2015 9.A. 13. Delete Sections 6.10 through 6.12; 14. The owner shall obtain private utility company letters of no objection for use of the Utility Easement for CUE purposes; 15. The owner shall modify off-site discharges from existing basin to redirect to SW corner near intersection of Vanderbilt Drive and Wiggins Pass Road. These revisions have been incorporated into the PUD document that is included in the draft ordinance. The CCPC vote was not unanimous; therefore the petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a proposed amendment to the existing Cocohatchee PUD (Ordinance No. 2000-88, as amended by Settlement Agreement dated June 9, 2008). Before the Board renders a decision on this proposed amendment, it must first decide to amend the Settlement Agreement. The settlement agreement resolved a 2006 Bert Harris claim by Lodge Abbott Associates, LLC and a lawsuit for writ of certiori, both arising out of the denial to amend the PUD in 2005. 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 of County Commissioners (BCC), 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. Packet Page-12- 3/24/2015 9.A. 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? 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? Packet Page-13- 3/24/2015 9.A. 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 of County Commissioners 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 BCC 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) RECOMMENDATION: If the BCC elects to amend the Settlement Agreement and proceed with the rezoning, staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approves the request subject to the attached PUD Ordinance that includes both the staff's revised recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division Attachments: 1) CCPC Staff Report 2) Neighborhood Information Synopsis—due to the size of the document it is accessible at: http://www.colliergov.net/ftp/AeendaFeb24I5/GrowthMgmt/NIM 3-19-14 Transcript.pdf Packet Page -14- 3/24/2015 9.A. 3) Neighborhood Information Transcript—due to the size of the document it is accessible at: http://www.collieraov.net/ftp/AaendaMarch2415/GrowthMgmt/NIM 2-26-15 Transcript.pdf 4) Application Backup Information due to the size of the document it is accessible at: http://www.collieraov.net/ftp/AaendaMarch2415/GrowthMamt/Appli cation for Cochatchee Ba y PUD revised.pdf 5) Ordinance 6) Density Map 7) Correspondence -- due to the size of the document it is accessible at: http://www.colliergov.net/ftp/AgendaMarch2415/GrowthMg nt/correspondence.pdf Packet Page-15- 3/24/2015 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.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 of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88, the Cocohatchee Bay Residential Planned Unit Development, as amended by settlement agreement dated June 9, 2008, by increasing the permissible number of dwelling units from 590 to 652; by increasing the development area; by amending Ordinance Number 2004-41, the Collier County Land Development Code, to amend the appropriate zoning atlas map or maps by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST) to the Cocohatchee Bay RPUD, being added thereto as preservation lands; by removing the Golf Course "GC"tract and replacing with Residential "R2" tract; by changing the residential development area to Residential "R1" and "R2" development tracts to allow high-rise, low-rise and single-story multi- family dwellings in "R1" and single family detached dwellings in "R2"; by creating an Amenity/Recreation "AR" tract; by allowing recreational amenities to be available to residents, club members and their guests; by adding deviations; by restricting placement of docks to within the water management lakes located within the RPUD; by adding a private road cross section; by adding a Sidewalk Master Plan; by revising the Development Standards; by amending the Master Plan; by revising Developer Commitments; and by providing an effective date.The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20,Township 48 South, Range 25 East, Collier County, Florida, consisting of 625.61± acres [Petition PUDZ-PL20130001813] Meeting Date: 3/24/2015 Prepared By Name: DeselemKay Title: Planner,Principal, Zoning&Land Development Review 1/23/2015 2:19:05 PM Approved By Name: BellowsRay Packet Page-16- 3/24/2015 9.A. Title: Manager-Planning, Comprehensive Planning Date: 1/27/2015 11:40:15 AM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 1/28/2015 9:52:47 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/28/2015 11:43:36 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/29/2015 10:07:55 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/11/2015 8:49:03 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 3/6/2015 1:35:49 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 3/13/2015 3:37:59 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/17/2015 9:34:31 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/17/2015 9:45:33 AM Packet Page-17- 3/24/2015 9.A. AGENDA ITEM 9-A CoI ae-r aunty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: DECEMBER 18, 2014 SUBJECT: PUDZ-PL20130001813: COCOHATCHEE BAY RPUD PROPERTY OWNER& APPLICANT/CONTRACT PURCHASER/AGENT: Applicant/Owner: Agents: Lodge/Abbott Associates LLC Richard Grant,Esquire D. Wayne Arnold,AICP 3400 Lafayette Street Grant Fridkin Pearson, P.A. Q. Grady Minor&Associates, Inc. Detroit, MI 48207 5551 Ridgewood Dr., Suite 401 3800 Via Del Rey & Naples,FL 34108 Bonita Springs, FL 34134 Lodge/Abbott Investment: Associates LLC 3400 Lafayette Street Detroit,MI 48207 REQUESTED ACTION: The applicant is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Cocohatchee Bay Residential Planned Unit Development (RPUD), to approve several changes to the project. For details about the project proposal, refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, with the additional land proposed, consisting of 625.61± acres, is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida (See location map on the following page). PURPOSE/DESC=': PTION OF PROJECT: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to this RPUD, that is governed by Ordinance Number 2000-88, as PUDA-PL20130001813—Cocohatchee Bay RPUD Page 1 of 22 December 18, 2014 CCPC Revised: 12/8/14 Packet Page -18- � y . ;�;1-- "' 4.'".....14,7,111141 s ,_ .. . .,� I'll _�_ 3/24/2015 9.A.it . t 'p �a unlr.� .� �• _ i nmo'1 :' will Ir._s'n HItlON IOW r�mlmt lam - .:t, • �I NNNAN, 1 [' 1:NN. „y.. .�..� 1 1 '), -tJ!JJ _'_rr�mvinul ' G flti:'. • .ILI_ dth Or 14–� �f7 uuuo■ I •' ; j V.: r I,' '11,11. 1 z ,,L‘ ....i�1 1- 1- *AO I��i.. - _---- ,-` 1 1141 c,��•r'/ 151 !4)\ rq U �� ... ,.. r i k�,i,Y`,ijir,,-7,„,.. u�1, °i°iii. 1 �� F dlllll Ili II 1°anal ift., `li g . ..1 '\_ -,..,-.------ 9 -i r,1- \ �'=-''5/S - �. or - u 1�1 �J N Y, ■ n. 31V05 CA LON - Q n Q It OOOtl°,m,naav°dmv L•� § }H. 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E Bluebill AVE ! 111th AVE N ' Immokalee RD i `, 1 f. 3 S D 600 1,000 2,000 3,00D GROSS DENSITY PER ACRE (URA) Feet FOR COCOHATCHEE BAY PUD 9§1e,Canty Gin mapping:Beth Yang MCP SURROUNDING PROPERTIES �. Growth Management Osomon I Packet Page-23- 3/24/2015 9.A. that document is amended by settlement agreement. Please note that the Board of County Commissioners (BCC) will determine if it desires to amend the settlement agreement before it considered this rezoning request. Consistent with the approved title for this project, the following changes are being sought: • increase the permissible number of dwelling units from 590 to 652 • increase the development area by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay(RSF-3-ST)to the Cocohatchee Bay RPUD • change the residential development area to Residential Rl and R2 development areas to allow hi-rise and low-rise multi-family in Rl and single family dwellings in R2 • allow recreational amenities to be available to residents and their guests and club members • remove the Golf Course "GC" development area • add deviations • create an Amenity/Recreation Tract • add a private road cross section,by adding a Sidewalk Master Plan • revise the Development Standards • amend the Master Plan and revising Developer Commitments • prohibiting docks in navigable water of the State of Florida or submerged areas; only allowing docks on internal lakes The petitioner provided the narrative statement shown below: The Cocohatchee Bay Planned Development (PUD) was previously approved as Ordinance 2000-88, and then amended in 2008 by a Settlement Agreement and Release between the property owner and Collier County. The Settlement Agreement and Release is recorded in Official Records Book 4368, Page 2345, of the Public Records of Collier County, Florida. The property owner is proposing to amend the Cocohatchee Bay PUD in order to increase the project acreage by approximately 93.6±/ acres for a total of 626.3+/-acres, and increase the number of permitted dwelling units by 62 units from 590 to a maximum of 652 dwelling units. All additional residential dwelling units above the previously approved 590 units will be limited to single family dwelling units on large lots and located on the eastern parcel previously approved for the golf course use. The PUD amendment is necessary in order to make the proposed acreage, unit number and type modifications. The previously approved golf course will be deleted from the list of permitted uses. Additional provisions are included to allow a maintenance facility, sales and administrative offices, as well as other recreational facilities to serve residents, club members and their guests within the Cocohatchee Bay PUD. The site, an irregularly shaped tract, is currently undeveloped except for clearing done along the western boundary of Vanderbilt Beach Road between Aqua at Pelican Isle and Arbor Trace. A model center is under construction on the cleared site. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 2 of 22 December 18, 2014 CCPC Revised: 12/8/14 Packet Page -24- 3/24/2015 9.A. Amendment Petition History: This petition was originally submitted on December 31, 2013. At that time,the petitioner was seeking the following changes: ® Increase acreage by 93.6±acres from original amount of 532+to a total of 626.3± • Increase the number of dwelling units from 590 to 870 units o Add Group Housing for seniors at 0.6 FAR A Add single family detached and attached dwelling units and variable lot line dwelling units ® Add an Amenity/Residential District and uses O Add boat docks as an allowable principal use in the Preserve District • Remove Golf Course use ® Amend Settlement Agreement o Remove Bald Eagle Management Plan from the PUD document o Add Deviations o Add tennis club and other recreational facilities and other clubs o Add maintenance facilities • Add restaurants,cocktail lounges and other facilities to serve club members and guests o Revise the Transportation commitments to reflect what commitments have already been met ® Add a Transportation commitment to require 10 foot wide pathway on the western side of Vanderbilt Drive. • Revise the Master Plan to reflect the addition of land and show changes necessitate by other revisions as noted above On March 19,2014,the petitioner held a duly advertised Neighborhood Information Meeting (NIM). A brief overview of that meeting reveals the following: The agents introduced themselves, and gave a brief overview of the proposed changes to be affected by amending the settlement agreement: o Add 93 acres o Increase dwelling units from 590 to 870 dwelling units plus add Group Housing units for seniors at 0.6 FAR(in addition to the 870 units) ® Replace the Golf Course use with dwelling units Issues raised by attendees: o Opposed to amending the settlement agreement at all ® Opposed to adding more units O Opposed to removing the golf course unless it remains as green space O Opposed to adding new units in the golf course tract without showing details about the units—locations, setbacks, buffering height, types o Opposed due to concerns about increased traffic and the lack of proposed widening of Vanderbilt Drive or Wiggins Pass Road PUDA-PL20130001813—Cocohatchee Bay RPUD Page 3 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -25- 3/24/2015 9.A. • Opposed due to concerns about pedestrian and bike safety based upon the increase in number of units • Opposed due to concerns about construction noise and what the developer would do to offset it • Opposed due to concerns that if another agreement might be reached it could be changed again sometime in the future • Opposed because of concerns that the increased intensity would cause flooding On August 11, 2014,the applicant's agents resubmitted the application materials with the following that is an excerpt from the resubmittal cover letter: Following the March 19, 2014 Neighborhood Information Meeting, representatives of the property owner initiated discussions with neighboring property owners and other interested parties. As a result of these discussions, the property owner has agreed to significantly modify the re-zoning request. While it is not intended to be exhaustive, below is a summary of the key modifications to the PUD from the initial project submittal: 1. Requesting an increase of only 62 additional dwelling units, rather than the 280 initially requested The 62 additional dwelling units will be located on the parcel east of Vanderbilt Drive, and will be limited to detached single-family dwellings on approximately one-half acre sized lots. 2. A 100' wide vegetative buffer will be provided where the project development would abut any existing residential structure on adjacent parcels. 3. The request for senior housing has been eliminated from the PUD. 4. Boat docks and the dock extension request on the navigable water areas have been eliminated 5. Project access to U.S. 41 has been eliminated. 6. The developer added a commitment to permit and construct a 6' wide walkway along the north side of Wiggins Pass Road within the County ROW from Vanderbilt Drive to connect to the existing sidewalk near US. 41. 7. Eliminate the Amenity/Recreation District tract. 8. Eliminate the storage, maintenance, recreation and amenity uses from the parcel east of Vanderbilt Drive. The final resubmittal,made on October 6, 2014,responded to staff's miscellaneous questions but did not significant change the petition content, SURROUNDING LAND USE AND ZONING: North: The Audubon Country Club, a developed golf course community zoned PUD approved at a density of 0.94 units per acre; Arbor Trace, a condominium development zoned PUD approved at a density of 5.34 units per acre, Glen Eden, and Falling Waters, residential developments that are zoned as the Village Place PUD approved at a density of 4.0 units per acre PUDA-PL20130001813—Cocohatchee Bay RPUD Page 4 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-26- 3/24/2015 9.A. East: Bay Forest PUD, a developed residential project with several different projects located within it, approved at a density of 5.60 units per acre; Waterglades PUD, approved at a density of 5.75 units per acre, developed as Villages of Emerald Bay; Glen Eden on the Bay PUD, approved at a density of 2.30 units per acre; Tarpon Cove PUD, approved at a density of 4.00 units per acre, a residential development; Coconilla PUD, approved at a density of 7.98 units per acre, developed as Aqua at Pelican Isle and Pelican Isle Yacht Club, a residential development; the Anchorage development zoned RT, a residential development South: The Dunes PUD, a developed residential community approved at a density of 3.39 units per acre West: Preserve areas of Lely Barefoot Beach PUD; CON and A with an ST overlay, undeveloped except the southernmost portion is part of Delnor-Wiggins Pass State Park. LELT I 1 1 I.('IITA I n: .1i I_ H,..C, „ 1 I )r 1� / y .�/ `, 4'.;.i'.I_..\ .yI I i T''7 !f ll t CI. ,. \ C Ai I.FJ•: CLV. I_� ay' r I rcr,E:;r TV,■ i� l THE LAY.E1 ..` YlgTE4"Laf.E; r IA `,l HET;E'T �, _ .LE. EELL+ l 'l. THE AY I '"")1,IICE i�: r,HAT::HEE 1,t,)t7 rA d I H,r r iLL',i i L- c t2 t: tt ! �p LALE I I 1:,' ... Fob,.lb A T■4 ITS ■ nc:HAT,HEE I>3 _ ( II:,:,C ^ - aP I.C. A i "_ ) r� It v .-EII ILT - i_ THE Excerpt from the PUD map (8/2014) GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject properties are designated Urban Residential Subdistrict, as identified on the county-wide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). A majority of the Cocohatchee Bay PUD property is within the Coastal High Hazard Area (CHHA), and a portion is outside the CHHA. The Urban Residential Subdistrict allows a base density of 4 units per acre for those lands located outside the CHHA PUDA-PL20130001813—Cocohatchee Bay RPUD Page 5 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-27- 3/24/2015 9.A. boundary. However, lands located within the CHHA boundary, the Density Rating System of the FLUE subtracts 1 unit per acre, for a total eligible density of 3 units per acre. The existing Cocohatchee Bay PUD is approved for 590 dwelling units (DU) on 532.09 acres, which yields a maximum permitted density of 1.11 dwelling units per acre (DU/A). Relevant to this petition request, the Urban Residential Subdistrict allows residential development subject to the Density Rating System provisions; and non-residential uses such as recreation and open space; and water-dependent and water-related uses subject to Objective 10.1 of the Conservation and Coastal Management Element (CCME) of the GMP and the Collier County Manatee Protection Plan. The proposed additional 62 DUs yields a maximum of 652 DU allowed on 626.3 acres of land, or 1.04 DU/A. Because the proposed increased density is below the maximum allowed eligible density of 3 DU/A for those lands located within the CHHA boundary, and the 4 DU/A for those lands outside the CHHA boundary, the PUD would remain consistent with the Density Rating System of the FLUE. The petition request does not propose development within the±93.55 acres of land to be added to the Cocohatchee Bay PUD boundary. The additional DUs and uses are proposed to be developed partly within the current Residential "R" development areas of the PUD that is proposed to be renamed to "R1," and partly within the existing"GC" area located on the east side of Vanderbilt Drive, and which is proposed to be renamed to "R2," as depicted in the revised PUD Master Plan. Existing density: 590 DU/ 532.09 acres= 1.11 DU/A Proposed density: (590 DU+ 62DU) /(532.09 acres+93.55 acres) = 1.04 DU/A. Note: The LDC contains a different calculation of density by excluding land submerged beneath tidal water bodies and land considered to be marine wetlands, This results in a higher gross density. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review Department's staff as part of the total review of the petition. 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, FLUE Objective 7 and Policies shall be implemented for new development and redevelopment projects, where applicable. The proposed PUD amendment proposes new development patterns and increased density, and therefore applicable policies are listed below, followed by staff analysis in bold print. 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. (Criterion PUDA-PL20130001813—Cocohatchee Bay RPUD Page 6 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -28- 3/24/2015 9.A. met. As depicted in the revised Master Development Plan, the amendment seeks to add an access onto Wiggins Pass Road(CR. 888), a collector road as identified in the Transportation Element, in addition to the PUD's existing approved access to Vanderbilt Drive (C.R. 901), a collector road in the Transportation Element.) 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. (Criterion met. The proposed amendment maintains internal access within and between the residential development areas R1 and R2 of the PUD.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. (Criterion met. Interconnection to adjoining properties: Bay Forest PUD, Waterglades PUD, Glen Eden on the Bay PUD, Arbor Trace PUD, Village Place PUD, Coconilla PUD, Pelican Isle Yacht Club, RT Zoned lands, and Tarpon Cove PUD, is not feasible or appropriate because lands have been developed with dwelling units or are designated preserve areas.) 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. (Criterion met. The proposed amendment adds single-family units to the existing allowed multi family units. Significant open space is provided(preserves alone are 250 acres.) Civic uses are not proposed but clubhouse use is allowed which are sometimes used for civic purposes, e.g. polling places. As to walkable community, the PUD includes commitment to provide sidewalk along Wiggins Pass Road and multi-use path along Vanderbilt Drive, both external to the PUB, and provides, via a requested deviation, that sidewalks will be built on one side of the street only but will be 6' wide instead of the required 5' wide. Given that there will only be 62 SFDUs, and most streets there will be single loaded (lots on one side of street only), staff does not object to this deviation.) The FLUE was amended in 2013 as part of the EAR-based GMP amendments, including a revision the boundary of the CHHA. Almost all of the existing PUD is now within the CHHA, and the ±93.55-acre addition is entirely within the CHHA. As a result, the vast majority of this proposed PUD is limited to a maximum density of 3 DU/A. However, amended CHHA boundary does not affect the subject PUD in that its existing and proposed density is well below this maximum density. CONCLUSION: Based upon the above analysis, the proposed PUD rezone petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). PUDA-PL20130001813--Cocohatchee Bay RPUD Page 7 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -29- 3/24/2015 9.A. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. 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). An active bald eagle nest occurs on the property and there are changes in the location to previously approved preserves. A minimum of 123.2 acres of native vegetation are required to be retained for the PUD. Preserves within the PUD meet the selection criteria in the LDC and GMP. The large, approximately 227.2 acre preserve located on the west side of Vanderbilt Drive is interconnected with adjoining off-site preserves and coastal water bodies, to form a contiguous interconnected wildlife corridor. State owned lands within Delnor-Wiggins Pass State Park and Barefoot Beach Preserve County Park also border the waterway and lie immediately west of the subject property. Protected species documented utilizing or potentially utilizing this preserve and adjacent coastal water bodies include bald eagle, smalltooth sawfish, manatee, bottle-nosed dolphin and listed species of wading birds. The lands being added to the PUD at the north end of the preserve were purchased by the developer as mitigation to offset U.S. Fish and Wildlife Service (USFWS) requirements for potential impacts to bald eagle nesting habitat in the area. In addition, another approximately 34.4 acres of wetland habitats below mean high water (MHW) will be retained within this preserve/bay system as part of the PUD. Development within proximity to bald eagle nests will follow the bald eagle management plan approved with the Settlement Agreement for the PUD. Minor revisions to the bald eagle management plan are proposed for consistency with proposed changes to the development plan and Florida Fish and Wildlife Conservation Commission (FWC) bald eagle management protocols. The revised bald eagle management plan is included with the environmental data for the project. The USFWS has previously approved these changes to the bald eagle management plan. The bald eagle management plan will be removed from the PUD document as it is no PUDA-PL20130001813—Cocohatchee Bay RPUD Page 8 of 22 December 18, 2014 CCPC Revised: 12/8/14 Packet Page -30- 3/24/2015 9.A. !. longer required by the LDC to be included as part of the PUD document. In accordance with the bald eagle management plan approved with the Settlement Agreement, any revisions by State and Federal permitting agencies to the terms and conditions of the bald eagle management plan do not require an amendment to the PUD or bald eagle management plan, but only require that the County be notified in writing of any revisions. The applicable provision from the bald eagle management plan contained in the Settlement Agreement is provided below. D. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS Any revision by the U.S. Army Corp of Engineers (USAGE), the US. Fish & Wildlife Service (USFWS), and the Florida Fish & Wildlife Conservation Commission (FFWCC) that may cause revision of the above described terms and conditions will not require further amendment of the Cocohatchee Bay PUD or this Bald Eagle Management Plan. Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall note the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required Gopher tortoises also occur on site in the uplands within the PUD. Recently, in preparation for the condominium on the west side of Vanderbilt Drive, a total of 59 gopher tortoises were relocated to off-site relocation banks per approvals from the FWC. Relocation of gopher tortoises in accordance with FWC gopher tortoise permitting guidelines is allowed by the LDC. An estimate of 35 to 40 gopher tortoises remain within the PUD and these will be relocated or retained in proposed upland preserves containing suitable habitat on the east side of Vanderbilt Drive. Approximately 16 to 28 acres of pine flatwood and scrub habitat suitable for gopher tortoises will be protected within these preserves. Off site relocation may be utilized so the carrying capacity of the habitat is not exceeded. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project as proposed will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in the PUD document Table II, Development Standards for R1 and R2 Tracts show the following for the two residential tracts: PUDA-PL20130001813 Cocohatchee Bay RPUD Page 9 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-31- 3/24/2015 9.A. DEVELOPMENT STANDARDS "Rl" "R2" "Ri" HIGH-RISE Single—Family Low Rise and Single Story Multi-Family Detached Multi-family Dwellings Dwellings Minimum Lot Area N/A 20,000 SF 1 Acre Minimum Lot Width N/A 80' N/A Front Yard-Internal Road *1 0.5 BH not less 25' 0.5 BH not less than 25 feet than 25 feet Front Yard Accessory Bldg. Including 0.5 BH not less 0.5 BH not less than 25 feet Parking Structure than 25 feet 25' Front Yard-Vanderbilt Drive BH 25' N/A Front Yard-Accessory Bldg. 50' 25' N/A Side Yard 0.5 BH 15' 15' Rear Yard Principal*4 0.5 BH 25' 15' Rear Yard Accessory*4 15' 15' 10' Maximum Zoned Principal Bldg Height 20 stories for a 35' 60' max.height of 200 feet *2 Maximum Zoned Accessory Bldg Height 35' 35' 35' *6 Distance Between Principal Structures 0.5 SBH *5 15' 0.5 BH not less than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF 1200 SF*7 Preserve Setback—Principal 25' 25' 25' Preserve Setback—Accessory 10' 10' 10' BH: (Building Height): Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement(if not curbed). C. If the parcel has private road frontage on two sides, setback is measured from the side with the longest frontage with the other frontage designed as a side yard. D. For structures with side entry garages, the minimum front yard for the side entry garage may be reduced to 12'. *2 Building height for the north property line adjacent to Arbor Trace in the "R1" tract shall be 17 stories for a maximum zoned height of 175 feet. *3. Building height for all principal structures in the R1 tract shall be consistent with the site development plans previously approved for the Property pursuant to the Settlement Agreement and Release. "4. Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer,as may be applicable. *5. Where buildings with a common architectural theme are angled, skewed or offset from one another, and walls are not parallel to one another,the setbacks can be administratively reduced. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 10 of 22 December 18,2014 CCPC Revised: 12/8!14 Packet Page -32- 3/24/2015 9.A. *6. For purposes of this Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais *7. For accessory uses,including guest suites and cabanas,there shall be no minimum floor area. The Development Standards are similar to the other projects approved in the area regarding setbacks and lot sizes. As shown in the aerial photograph, the surrounding land use and zoning discussion of this staff report, and the Master Plan, the site is bounded to the north, south and east (across streets in some cases) by developed residential uses within numerous subdivisions and condominium projects. The Dunes PUD was approved for some buildings up to 150 feet tall/15 stories. Arbor Tract PUD also was approved for 15 stories with parking allowed under the first living story. Wiggins Bay was approved for multi-family structures of 15 stories. The applicant is not proposing any changes to the Ri High Rise Multi-family dwelling units other than to provide a maximum building height for accessory buildings of 35 feet, and a preserve setback for principal structures of 25 feet and 10 feet for accessory structures. Staff offers the following comments on the proposed changes. The change is listed first, following by staff comments in italics. • increase the permissible number of dwelling units from 590 to 652 The applicant proposes an increase of 62 units, with a gross density of 1.41 units per acre, still renders this project well below the 3 units per acre maximum density. Staff recommends approval of this change. • increase the development area by changing the zoning classification of an additional 93.52± acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST)to the Cocohatchee Bay RPUD The applicant is increasing the development size by 93.52± acres and increasing the Preserve, Open Water, Lakes and Landscape Buffers from 308.0± to 384.0± acres. Staff recommends approval of this change. • remove the Golf Course "GC" development area; and • change the residential development area to Residential Rl and R2 development areas to allow hi-rise and low-rise multi-family in R1 and single family dwellings in R2 The applicant is replacing the golf course area on the east side of Vanderbilt Drive with R2 and preserve tracts. Staff recommends approval of these changes. • allow recreational amenities to be available to residents and their guests and club members A new designation is shown on the Master Plans call the Amenity/Recreation Tract (AR), That tract and some RI area has replaced the golf course area that was approved for the west side of Vanderbilt Drive. Staff recommends approval of these changes. • add deviations The application is adding right-of-way width, cul-de-sac length, sidewalk to allow on one side only, drainage easement size, and sign requirements. Staff provides a separate section addressing each deviation. • add a private road cross section,by adding a Sidewalk Master Plan This is a two-sheet Exhibit D. This exhibit shows the effect of the sidewalk deviation request. • delete the Bald Eagle Management Plan PUDA-Pt_20130001813—Cocohatchee Bay RPUD Page 11 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -33- 3/24/2015 9.A. Environmental staff has evaluated this request and recommends approval, noting that the regulations no longer require that Bald Eagle Management Plans be recorded with a PUD document. • revise the Development Standards The Development Standards are being amended to provide standards for the proposed R2 single-family detached units, revise the Low Rise and single-story multi family buildings, add preserve setbacks, and add footnotes. • amend the Master Plan The amended Master Plan, a two page set, shows the additional property, the AR tract, the preserves, the RI and R2 tracts. Staff supports the approval of this Master Plan. • revise Developer Commitments The applicant is revising the General Development Commitments to note the project is a Residential Planned Development, by adding the R to the PUD designation; Section 6.4 is being updated provide an entity to be responsible for the PUD commitments;Section 66 has been revised to make reference to the currently sought deviations; Section 67 is being updated to reflect what commitments have already been satisfied and a restatement of other transportation commitments; Section 6.8 is being amended to remove redundancy with other regulations and incorporate several new Utility comments as recommended by Collier County Utility staff members. Please note however that the proposed PUD amendment is INCONSISTENT with the settlement agreement and staff is recommending approval of this PUD amendment on its own merits only if the BCC wishes to amend the settlement agreement. Deviation Discussion: The petitioner is seeking approval of seven deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs. . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may he accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road, to allow a minimum 40-foot wide local private road. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 12 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-34- 3/24/2015 9.A. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation will allow the developer to provide all required infrastructure within a combination of dedicated right-of-way and easements. All roadways are intended to be private and in a gated community. A cross-section of the proposed internal private road is provided. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet to permit a cul-de-sac approximately 5,800 feet in length with appropriate signage and an appropriate emergency vehicle turnaround at approximately 1/4 mile from the entrance of the cul-de-sac. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The deviation will be limited to one cul-de-sac street within the PUD, and is warranted due to the configuration of the lake and preserve areas on the Master Plan. The County Engineer is authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. A condition relating to looping of the utilities has been added in Section VI of the PUD. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation recognizes that in cases where the storm pipe size is a smaller diameter and the pipe is shallow, a smaller footprint is necessary to provide access PUDA-PL20130001813—Cocohatchee Bay RPUD Page 13 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-35- 3/24/2015 9.A. and maintain the pipe. Smaller equipment and a shallow pipe will produce a narrower area needed to trench the pipe. The deviation allows less land to be encumbered in these specific cases, which can also result in less environmental impact in some areas of the site. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that. in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 4 seeks relief from LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the U.S. 41 frontage of the property and to exceed the maximum sign height of eight (8) feet for a maximum of ten(10)feet in height from adjacent roadway centerline elevation. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is justified because the project has a narrow frontage on U.S. 41, and will not be accessing the site from U.S. 41. Access to the project is from Wiggins Pass Road and Vanderbilt Drive. The property owner wishes to have signage to announce the project on the high visibility U.S. 41 corridor. Had an access point been proposed on U.S. 41, the requested signage would be permitted. The access originally proposed to US, 41 has been eliminated after discussions with neighboring property owners. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow 6-foot wide sidewalks on one side of the street, as identified on Exhibit C, attached hereto. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 14 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -36- 3/24/2015 9.A. Petitioner's Rationale: The applicant states in his justification for this deviation the following: In lieu of a S' sidewalk on each side, a 6' sidewalk will be provided on 1 side of a street. Further, the single-family area is limited to 62 homesites, reducing the need for dual sidewalks due to the very low number of homes. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: 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. [Staffs responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): I. 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. Staff has reviewed the proposed amendment and believes the uses as limited by the property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. In addition, as limited above, the proposed property development regulations provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 15 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -37- 3/24/2015 9.A. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation 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 Growth Management Plan (GMP). 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. As described in the Analysis and Deviation Discussion sections of this staff report, staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of 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 as noted in the GMP FLUE and Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 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. PUDA-PL20130001813--Cocohatchee Bay RPUD Page 16 of 22 December 18, 2014 CCPC Revised: 12/8/14 Packet Page -38- 3/24/2015 9.A. The petitioner is seeking several deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviations can be supported, fmding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is"justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. 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" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The comprehensive Planning Staff has provided an in-depth analysis of the GMP FLUE and FLUM provisions; zoning analysis provides an in-depth review of the proposed amendment. The petition can also be deemed consistent with the CCME and the Transportation Element based upon the review provided by the reviewers responsible for that task. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. An excerpt from the map prepared by the Collier County GIS/CAD Mapping Section is provided earlier (Excerpt from PUD map 8/2014) that shows the adjacent projects discussed previously. The uses proposed or developing in the nearby residential properties are similar to what is proposed in this amendment. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the majority of the site is already zoned PUD. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 17 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page-39- 3/24/2015 9.A. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the proposed purchase and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek changes. The rezone and amendment to the existing PUD will allow the owner the opportunity to develop the land in a manner other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed petition, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in the PUB document, is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore,the proposed change should not adversely impact living conditions in the area. 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 at this time subject to the Transportation Commitments contained in the PUB document of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between structures; therefore the project should not significantly reduce light and air to adjacent areas. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 18 of 22 December 18,2014 CCPC Revised: 1218114 Packet Page -40- 3/24/2015 9.A. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed changes in this petition are not anticipated to be a deterrent to the improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies 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 PUB zoned subject property could be developed within the parameters of the existing zoning designations except for the lands being added which are not zoned PUD. The petitioner is seeking this rezone and amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone and amendment meets the intent of the PUD district regulations, if staff's stipulations are addressed, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary follows the existing and proposed property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban- designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 19 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -41- 3/24/2015 9.A. 15. Whether is it 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 sole determining factor when evaluating the appropriateness of a particular zoning petition. The petition was reviewed on its own merit for compliance with the GMP and the LDC. The proposed rezone and amendment are consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agents conducted a duly noticed Neighborhood Information Meeting (NIM) on March 19, 2014. The synopsis of that meeting is included in the application materials provided by the applicant's agent. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 20 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -42- 3/24/2015 9.A. NEIGHBORHOOD INVOLVEMENT: To date, staff has received email messages that contained two separate petitions, one with 714 signatures, and the other purportedly with hundreds of signatures, opposing the re-opening of the Settlement Agreement and any changes in the zoning of the property. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on December 1, 2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-PL20130001813 to the BCC with a recommendation of approval. PUDA-PL20130001813—Cocohatchee Bay RPUD Page 21 of 22 December 18,2014 CCPC Revised: 12/8/14 Packet Page -43- 3/24/2015 9.A. PREPARED / S LI KAY DESELEM,AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: r• RAYMOND/V. BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING "‘) - MIKE BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING • APPROVED BY: NIa ASALAN,ADAI:SISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the January 27, 2014 Board of County Commissioners Meeting PUDA-PL20130001813—Cocohatchee Bay RPUD Page 22 of 22 December 18 2014 CCPC Revised: 12/8/14 Packet Page-44-- • 3/24/2015 9.A. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 652; BY INCREASING THE DEVELOPMENT AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 93.52± ACRES OF LAND ZONED RESIDENTIAL SINGLE FAMILY (RSF-3) AND RESIDENTIAL SINGLE FAMILY WITH A SPECIAL TREATMENT OVERLAY (RSF-3-ST) TO THE COCOHATCHEE BAY RPUD, BEING ADDED THERETO AS PRESERVATION LANDS; BY REMOVING THE GOLF COURSE "GC" TRACT AND REPLACING WITH RESIDENTIAL "R2" TRACT; BY CHANGING THE RESIDENTIAL DEVELOPMENT AREA TO RESIDENTIAL "RI" AND "R2" DEVELOPMENT TRACTS TO ALLOW HIGH-RISE, LOW-RISE AND SINGLE-STORY MULTI-FAMILY DWELLINGS IN "Ri" AND SINGLE FAMILY DETACHED DWELLINGS IN "R2"; BY CREATING AN AMENITY/RECREATION "AR" TRACT; BY ALLOWING RECREATIONAL AMENITIES TO BE AVAILABLE TO RESIDENTS, CLUB MEMBERS AND THEIR GUESTS; BY ADDING DEVIATIONS; BY RESTRICTING PLACEMENT OF DOCKS TO WITHIN THE WATER MANAGEMENT LAKES LOCATED WITHIN THE RPUD; BY ADDING A PRIVATE ROAD CROSS SECTION; BY ADDING A SIDEWALK MASTER PLAN; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 625.61± ACRES. [PETITION PUDZ- PL20130001813] WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC, represented by Richard Grant, Esquire of Grant, Fridkin, Pearson, PA, petitioned the Board of County Commissioners to amend the RPUD and change the zoning classification of the additional herein described real property. [14-CPS-01284/1145938/1]172 Cocohatchee Bay\PUDZ-PL20130001813 Page 1 of 2 Rev. 1115/15 Packet Page -45- 3/24/2015 9.A. 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 93.52+ acres of the herein described real property located in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida is changed from Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST) zoning districts to a Residential Planned Unit Development (RPUD) zoning district together with the existing Cocohatchee Bay RPUD for a 625.61+ acre project in accordance with the revised Cocohatchee Bay PUD Document, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of . 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - PUD Document [ 14-CPS-01284/114593S/l] 172 Cocohatchee Bay\PUDZ-PL20130001813 Page 2 of 2 Rev. 1/15/15 Packet Page -46- 3/24/2015 9.A. COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT AMENDED REGULATIONS AND SUPPORTING AMENDED-MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II,LTDLODGE/ABBOTT ASSOCIATES LLC AND LODGE/ABBOTT INVESTMENTS ASSOCIATES. LLC PREPARED BY: Q GRADY MINOR AND ASSOCIATES. INC. PMS,INC. OF NAPLES GRANT FRIDKJN PEARSON. P.A. 2335 TAMIAMI TRAIL NORTH SUITE 108 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/11/00 ORDINANCE NUMBER 2_000-88y AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 SETTLEMENT AGREEMENT AND RELEASE DATED June 9—. 2008 Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck through Date: 1/5/152/28108 revision Packet Page -47- 3/24/2015 9.A. Exhibil Cocolaatchee Bay RPUD Text added is underlined PUDZ—PL2013000181 3 Text deleted i5 f4rock thrfv_rth Date: 1/5/152/28/08 revision Packet Page-48- 3/24/2015 9.A. INDEX PAGE List of Exhibits and Tables II Statement of Compliance II1I SECTION I Property Ownership, Legal Description and Short Title 1.13 4 SECTION II Project Development 2.110 12 SECTION III Residential Development AreasTract 3.111 19 SECTION IV Golf Course ;Open Space 1.1 SECTION IV Amenitv/Recreation Tract 29 27 SECTION V Preserve DistrictTract 30 225.1 SECTION VI General Development Commitments 256.1 33 Cocohatchee Bay RPUD Text added is underlined PUDZ-PL20.13000187 3 __ _ Text deleted is struck throu_h Date: 1/5/15._,'_., '. Packet Page -49- ............. 3/24/2015 9.A. LIST OF EXHIBITS AND TABLES EXHIBIT"A" Amended Planned Unit Development Master Plan EXHIBIT"B" - : -- • • 9 • . E. : -.• • ',anagement P4,34-1,List of Deviations for Cocohatchee Bay RPUD EXHIBIT"C" Srettlernent AgreelTlent-an-de-Private Road Cross Section EXHIBIT"D" Sidewalk Master Plan TABLE I Land Use Summary TABLE II Development Standards for"RI" and"R2"District Tracts coc,olyitel-rec B R PUP, eNt added is anderlined _ Fulyz pi,20 I;00111813 Text=Mc:led is Packet Page -50- - 3/24/2015 9.A. BACKGROUND STATEMENT These Amended PUD Regulations and Supporting Master Plan (the "Amended PUD Regulations") amend. restate and completely renlace the Cocohatchee Bay PUD Ordinance No. 20U0-88 a..Jopted December 12. : OOO the "Original PUD''),as it has been amended by virtue of a Settlement Agreement and Release made between I.:odtee/Abbott Associates LLC. a Michigan limited liability company (the "Developer'. and the Board of County Commissioners of Collier County. dated .tune 9,20108. as recorded in Official Records Book 4368, Paee. 2345 of the Public Records of Collier County. Florida (the "Settlement Agreement and Release--. The Settlement Agreement and Release have been modified and amended concurrently by an amendment thereto. Antis provisions of the Settlement Agreement and Release as are intended to continue and be binding and applicable are incorporated in these Amended RPUD Regulations and supporting Master Plan. STATEMENT OF COMPLIANCE The development of approximately 532.09625.61 ± acres of property in Collier County as a Residential Planned Unit Development(RPUD) shall to be known as Cocohatchee Bay RPUD_It will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay RPUD is to be a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project-RPUD are adequate. The Cocohatchee Bay Project RPUD will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees in accordance with applicable Collier County ordinances. 2. The Cocohatchee Bay ect--RPUD will be compatible with and complimentary to existing and planned land uses in the vicinity. Prajeet-The Cocohatchee Bay RPUD lands lie in an transition area which that includes both low-rise residential development and high-rise multi-family development. 3. The subject property's location of the Cocohatchee Bay RPUD in relation to existing or proposed community facilities and services permits the D- . - '-residential density mod- - • . e:•- - 2 . - .. . T - _ -- . 4. The proposed jectDdevelopment of the Cocohatchee Bay RPUD is compatible with and complementary to existing and future surrounding land uses as . ... .... I e ' ' e 5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 - 11.19 acres RSF-3st = 33.57 units C(L Ohatrhee BB3 r. RPUD _ Text added it underlined PL7,oi 30(1[)151 a _ �1-ccm deleted is gruel;thh=catch Date: I 5 Pace 1 of 442,9 Packet Page-51- 3/24/2015 9.A. Parcel 5 - 161:63 acres RSF-4 = 646.52 units Parcel 6 - 13.15 acres RSF-4(3) = 39.45 units Parcel 7 - 69.61 acres RSF-3st(3) - 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 3.78 units Parcel 10 80.65 acres RMF-12st(3) _ 241.95 units RMF-6st(3) Parcel 11 93.52 acres RSF-3 - 2.80.65 units RSF-3 ST TOTAL 5 ,2-09625.61 acres 1757.902038.46 or 1758 2038 units 6. The Cocohatchee Bay RPUD will may utilize up to a total of 5-90-652 units on 532.09625.61 ± acres which equates to a gross density of 1.04 units per acre; and a density of 1.41 units per acre when utilizing the 461 acres which are above the mean high water line. - - : - - . - - - -. This action makes the land use and density is consistent with the Future Land Use Element of the Growth Management Plan. which permits a maximum density of three (3) dwelling units Der acre. 76. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 - - - . - - - - F . 8-7. The proposed]-ect dDevelopment of Cocohatchee Bay RPUD will result in an efficient and economical allocation of community facilities and services as r-.qai- :- '= 3.1.H and 3.I.L of the Future Land Use Element. 9-g. The project dDevelopment of Cocohatchee Bay RPUD is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 109. All final local development orders for their Cocohatchee Bay RPUD Project are subject to the Collier County Land Development Code (LDC). 11. The Cocohatchee Bay RPUD is consistent with FLUE Policies 7.1 - 7.4, which address principles of smart growth. The PUD provides for a walkable community connected to the pedestrian network currently existing on Vanderbilt Drive and Wiggins Pass Road. Interconnection with adjacent communities is not feasible given that the residential Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 _ Text deleted is etruck throuch Date: 1/5/15 Pace 2 of 442-4 Packet Page -52- 3/24/2015 9.A. rrpjects are private and cated. and other adjacent_pronerties are dedicated preservation areas. 10. Th..4.±Pl....1) made--p-afstia+.44{.-Ta-SiNtleme-nt-A-grtm-ent and-Release. a e-epy of•wh-kh is-ana,-4-ned--hfe4€4--a -hi-13-it -C.- and which terms-andeendifien..-.;--afe Jeemcd to4 -4n €wp&raed-4er- &4f full) set forth herein. If any •:,.-4e-t- --e-en. this P-UD an-lendment Sert-Iement-A2reemen4--ai-14Relare in conflict. tIle Set-denten: Agreement and-r-e-i-e-ase Cocoriatchee Bay RPUD Text added is underlined PUDZ-PL20130001813 Text deleted is struck throu2:13 Date: 1/5/15 Pace 3 of 442-9 Packet Page -53- 3/24/2015 9.A. CFCTTON I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY RPUD. 1.2 LEGAL DESCRIPTION PARCEL 1 TIIE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET(SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET TN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N22°30'00"W. IN THE OFFICLAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST Cocohatchee Bay RPUD Text added is underlined PUDZ—PL201 30001 81 3 Text deleted is mae1 through Date: 1i5/1 Pace 4 of 4423 Packet Page-54- 3/24/2015 9.A. LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 CgcahatcheeBaN RPUD _-- Text added is underlined PUDZ PL2013000I S 13 Text deleted is struck thrauah Date: 1/5/15 Pa;e 5of442-9 Packet Page -55- 3/24/2015 9.A. FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST % OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17. RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT TI IEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53118"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF TIIE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26`00"W., FOR 100 FEET. ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., Cocohatchee Bay RPUD Text added is underlined PIJDZ—PL20130001813 Text deleted is stRtc4 h--e h Date: 1;5!15 Pane 6 of .a 42: Packet Page -56- 3/24/2015 9.A. ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E.,ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE N.89°52820"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00°14'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., Cocohatchee Bay RPUD Text added is underlined PLTDZ,-PL20130001813 Text deleted is etruck throneh Date: 1.5/15 1 Pa«e 7 of 4429 Packet Page -57- 3/24/2015 9.A. ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1. BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LLNE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE Cocohatchee t3av RPUD _ Text added is underlined PUDZ-PL20130001813 Text deleted is E- l' ee- h Date: 1/5115 Pace 8 of 44?9 Packet Page -58- 3/24/2015 9.A. NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDLNGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF TIIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54`47152"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°1710"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30"W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. PARCEL 11 A TRACT OR PARCEL OF LAND IN THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF SECTION 8. TOWNSHIP 48 SOUTH. RANGE 25 EAST_ COLLIER COUNTY. FLORIDA. BEING :10RE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE POINT OF BEGINNING AT THE CENTER OF SAID SECTION 8: THENC scam' 0° 23' 10" EAST ALONG THE 1/4 LINE OF SAID SECTION 8_ FOR 2196.39 FEET: THENCE SOUTH 88° 24'40" WEST FOR 934.18 FEET: 'I I IllNCE NORTH 03° 00' 00" WEST I OR 679.31 FEFT: 'I MINCE NORTH 6 30' 00 ',VEST FOR 1397.99 FEET: THENCE NORTH 22° 31' 00" WEST FOR 944.72 FEET: THENCE NORTH FOR 99.92 FEET: THENCE NORTH 0° OS' 53- LAST FOR 429.82 FEET: THENCE SOUTH H 59° 00- OF EAST FOR 815.08 FEET; THENCE NORTII 89° 12` 20" EAST ALONG THE 1/4 LINE OF SAID SECTION 8 FOR 1907.82 FEET TO THE POINT OF BEGINNING. CONTAINING 93.52 ACRES MORE OR LESS. } 1.3 PROPERTY OWNERSHIP The s tet pProperty is owned by A.L. Dougherty C.o. Inc., a Delawar-e Cot-porationLode. 'bbon Associates L1..0 4a Michigan Jim iiecl li;lbilitl :i,� .n and I cy ' .£.'Abbott Investments kssc?Ciale S. LLC', a N1ichi pan l itl itt cl Ii bilitr compare . 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Cocohatchee Bay RPUD _ Text added is underlined Pli DZ—PL2013Qoo 1813 Te t deleted Date. 1;5/15 Pag,e 9 of 4429 Packet Page-59- L 3/24/2015 9.A. A. The Propertyje is bordered on the Wwest by the Delenor Wiggins State Park and Barefoot Beach County Park, on the,east by Tarpon Cove PUD and Wiggins Bay PUD, on the sSouth by the Dunes PUD and on the Nnorth by Arbor Trace PUD and the Retreat PUD. B. The historic zoning classification of the project prior to approval of theis original PUD ordinance for the Cocohatchee Bay PUD in 2000 document was RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6-ST(3), RMF-6(3), and A-ST. The 93.52 acre parcel hereby added to the Cocohatchee Bay RPUD. and desiunated as Parcel 11 above. is currently zoned as RSF-3 and RSF- 3ST. 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6. Drainage from the pProperty will discharge into Cocohatchee Bay, B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however, falls within the 10' to 11' foot elevation category. The site lies within Flood Zone AE(EL 11') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PROJECT DESCRIPTION The Cocohatchee Bay RPUD is a residential and golf course community with a maximum of 59-0-652 dwelling units. Recreational facilities, ancillary amenities, and ancillary facilities including a gel€--c-eutsetennis facility, clubhouse(s), maintenance facilitiesy, ,.. - ... and guest suites will are authorized to be provided in conjunction withaddition to the residential dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. Text added is underhned 1 UDZ,—i'ucc i ,00(I:81:3_ Tex,deleted is.s ti n-1 `-� ':1 Date: 115/15 Page 10 of 4429 Packet Page-60- 3/24/2015 9.A. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY RESIDENTI_AL PLANNED UNIT DEVELOPMENT ORDINANCE." Cocot atchee Bay RPLUD Text added is underlined PIIDZ—PL20 1 3000 1 8 1 3 Text deleted is struck the ouch Date: l!5/15 Page 11 of 44-2-R Packet Page -61- 3/24/2015 9.A. SECTION 11Viv II ll PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Cocohatchee Bay RPUD Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Cocohatchee Bay RPUDProject, as well as other project relationships. 2.2 GENERAL A. Development of the Cocohatchee Bay RPUD shall be in accordance with the contents of thise Amended RPUD Reeulatioi • - - '- °°" -- docume - -- -- - • • -- -- • - - . -. - -- ' :z and applicable sections of the Collier County Land. Development CeLDC and Growth Management Plan ("GMP") in effect at the time of issuance of any development order, such as, but not limited to_; final -Ssubdivision Rplats, Ffmal -Ssite Ddevelopment Pplans, €excavation Pperuiits, and Ppreliminary Wwork Aauthorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development C@edeLDC shall apply. B. Unless otherwise noted herein, the definitions of all terms shall be the same as the definitions set forth in the Collier County L te a- ff—ent CodeLDC in effect at the time of building permiteach development order application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the Cocohatchee Bay RPUD site I may be developed. D. Unless modified, waived or excepted by this Cocohatchee Bay RPUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this Cocohatchee Bav RPUD. E. Development permitted by the- approval •- ' ' :this Cocohatchee Bay RPUD will be subject to a concurrency review under the provisions of the LDC at the earliest or next to occur of either final site development plan SDP-approval, final subdivision plat approval, or building permit issuance applicable to this - -• - he Project. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 1 .x-t added is underlined t_tiCC�h:�l lntt'I;n Ptl L�D � �� 01.1)7-- 012013001813 Text deleted is Date: 1'5'15 Page I2 of 4429 Packet Page -62- 3/24/2015 9.A. A. The Project Residential Planned Unit Development Master Plan, including land uses for the various tracts, is illustrated by Exhibit "As" f.the Ane -RPUD Master Plan).. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. - . • - . -- - . - •. . .: - - . depend on the actual COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s /Square Footage ACRES Residential"RI" 590 units 5?.7051 -+/- Residential "R2" 62 units 175 +/- Golf Ceurse 2* ._.. 17-0,;9' Amenitti/Rccreation N/A 16 +/- Open Space N/A 30838440 +/- (Preserve, Open Water. Lakes and Landscape Buffers) Total 5-98652 units T-et-al -2-09625.61 +/- acres *2"GC` - - ,-.. - . . the-R"use; total- fl-fet e;;590 units- A. Prior to the recording of-a-Reeerd----at, and/or Condominium Hat for all or part of the PUD, final plans for all required improvements shall receive approval of the - _ • . Faster Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Coc.ohatchee Bay RPliD Text added is underlined PUDZ PL20130001813 Text deleted is struck threu_h Date: 1/5/15 Pace 13 of 442-9 Packet Page -63- 3/24/2015 9.A. B.----Re rsed--€-i:-hibit "A," t' - PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a covered by the Amended PUD Master Plan. Any division of property and the Development Code, and the platting laws of the State of Flores lie Collier- ->=.;t=1 4i3d-Dev i-opt em-C 3de whe, applicable; fi'aall -)p ,=-to-the-develeprnent--ef-a1-1-patted tracts or parcels-af lend as provided in the C: • ..- , : `- - Cede prior to the issuance of a building permit or other development order. D. The dery - f .}y tract or parcel approved for ne.sidentnd development emrimplatini.2. fee simple o w,lerslii- --r+f---laml--f r • rroval--tom Prelim=rr. ':at in • _ ! -. . . Code-pnior t( t4?? llz in44 r2l#w? E ± l+?t +l t? ':nit-n-t-mild-;alai-llor any rtlt -Of the tract or parcel. E. --utility,road,-publie-afd-prig .te easemen ablfished-as--reed during the SDP and/or plat approval process. F. "6444-4,t p k-idt i al—he time in t asiruou%fe im-proVeme t regaf iR cledicancni?s—end The mctn icr pmv-idine, erpettnii 2.45 MODEL HOMES /SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, and parking areas. - , - , shall be permitted principal uses throughout the Cocohatchee Bay RPUD. except in Preserve Tracts, subject to the : • :- - - 4 .- -.•-- .: LDC and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the C-ol41-ier County Land • - .-I_DC. 2.56 AMENDMENTS TO COCOHATCHEE BAY RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to thise Amended Cocohatchee Bay RPUD document and/or the RPUD Master Plan as provided in the Cell-iei--C-etinly Land Development CodeLDC. 2.67 • - - e e - e .- , e . . _ - 11 ° -COMMON AREA MAINTENANCE Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20]30001813 Text deleted is struck through Date: 1/5/15 Pace 14 of 4429 Packet Page -64- 3/24/2015 9.A. C. - - - .._ - . .. • _- . . • . - -- MasterThe Developer shall establish a mechanism by recordation of documents in the official land records of Collier County whereby one (1) or more Pproperty Aowners' Aassociation(s). or some other legal entity(ies). shall maintain. The Association is a legitimate alternative for the timely and sustained provision of quality the common area infrastructure and perform maintenance under the terms and conditions of County development approval. For those areas not - - - -- - s association(s), or condominium association(s), whose functions This function shall include provision for the perpetual maintenance of common facilities. conservation area and open spaces. The Master or the-property owners' association(s) or other legal entitv(ies), as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the Cocohatchee Bay RPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.78 DESIGN GUIDELINES AND STANDARDS he -a 1-liet—Gountv--T-1-a nt --Un t- -e-v- ent Di et 4s intended to eii{Y*xur--�:'` I 1t- i1:ioV c Lion an l r-t 1 : and 7 v o}pn.en:-- f i'^l-at,ivel :.arttc tracts fit. ignd an4e.—tiftif d }} i hill t.s z ?tre1. a-s---4t'`«_-{4rtit-ice!:' The Applicant-Developer has not set "stages" or "phases' for the development of the pProperty. since Tthe pProperty is expected to be developed over an estimated ten fifteen (l5 ) year time period_ Consequently, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.89 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Comm-unity RPUD except in the Preserve DistrictTracts, as hereafter defined. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: -4. Essential services as s- - .. - - . Development CedeT Cocohatchee Bay RPUD _ Text added is underlined PUDZ PL20130001 S 13 Text deleted is struck through Date: 1:5/15 Page 15 of 4439 Packet Page -65- 3/24/2015 9.A. 1?. Water management facilities and related structures. 23. Temporary sewage treatment facilities. 34. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 45. Guardhouses, gatehouses, and access control structures, e l erl a k , r-eE reef 3=�tfl faei ltie . Lcrt� rti::i4t-y centers. 7. T c9 . ei; adn �t' r tyre ct# r f f the :52 f i evelr}pet -an4-h-e--4 Lejt per' atfilx-vdz_e^ ---eentrnclors ;n --e4.-)n'Saltantnr. 5-g. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development CedeLDC in effect at the time permits are requested unless otherwise specified herein. 64. Any other use which is comparable in nature with the foregoing uses and :.. epaf t-ine,3'}t 1.. ef.':39-p-.'t3 }lt as determined b the Board of Lcntn< �;`I?:GIs C}r the Hearing Examiner. B. Development Standards: Unless otherwise set forth in this document in relation to a particular tract, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any private road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior PUD boundary property lines - One half(1/2) the height of the structure, minimum of twenty feet(20'). I 3. Minimum distance between structures which are part of an architecturally unified grouping -fve-"I en feet (10�'). 4. Minimum distance between unrelated structures - Ten feet(10'). 5. Minimum floor area-None required. Coci.:111,atcheel3av RPiID Text added is underl n d Pt 7I ,. — eat deleted ; � � I TfulH Date: 1/5/15 Pace 16 of 4439 Packet Page -66- 3/24/2015 9.A. 6. Minimum lot or parcel area-None required. . . walls ail s-ana l-cartpa+hs may h:: paced withh . buffers: ht-wever the width of the required- buffer shall be iner-eased iR443paitionately to-1-h- s - i.4a _ - .i1 et�atl� or cartpath. S. 1anndard-s- for-pur'.;it latxlst-ap nu-vig s ctr:;-1-c l t- tfd .sus .her:: such standar4, me—nai pecifed--here:. . , . ec t�ith -he Ci lllei . 14.unt -aura-1=e relent Code-in-e-f*eet at the—din-e-af-S-ite-I3eveleprmment Plan Appreval-- 2.914 OPEN SPACES REQUIREMENTS The Amended RPUD Master Plan satisfies the open space requirements of the Collier -band Development CodcLDC. 2.11 NATIVE VEGETATION BETE.T e • •_ e v Five A-ler-cent-425°4,}-of the .. . . i ire z4r€at� 3 � } lit, shall be preserved. 2.102 LANDSCAPING REQUIREMENTS A:— A peri-F e= -r l+ sni Shull e c(.;7struei t in—eo fcm ante with :he Land Development Code. _ 1. - .. . . -shall be planted . -• -- .. - - - --- s. . to visually soften the appearance of the side of the beam. .•. . . - -- gall fur}- . a- .. - shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. Ag. A minimum landscape area buffer of thirty-five feet (35') in width shall be developed along the west side of Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. coccihatch e D as'R_Pl'I) - I ex.t addi.id i mdetrhnc_.1 PUDZ–PL201 3000181 3 Text deleted is struck throu_]t Date. 1/5/15 Pace 17 of 44;9 Packet Page-67- 3/24/2015 9.A. 13. A minimum landscape buffer of one hundred feet (]OO'1 in width shall be developed and maintained, utilizing existing native vegetation except as may be necessary to maintain a minimum type A buffer. and utilized on the north and east sides of the R2 Tract when any structure intended to be developed in the R2 Tract would be contiguous to a residential housing structure in an adjacent development. as more fully demonstrated on the RPUD Master Plan. 1 Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is s 44-ei=°'. Date: 1'5'15 Pace 18 of 4429 Packet Page-68- 3/24/2015 9.A. SECTION III RESIDENTIAL"R1" AND "R2" DEVELOPMENT AREASTRACTS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the Amended RPUD Master Plan, as "RI" and "R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the C.ocohatchee Bay RPUD is -5-9-A652. The subject Pproperty contains a gross acreage of 532.09625.61 +/- acres and a net upland acreage of 461 +/- acres and base density of 1.411- dwelling units per gross net upland acre. 3.3 GENERAL DESCRIPTION Areas The tract designated as "R1"_-on the Amandcd RPUD Master Plan are-is designed to accommodate high-rise residential dwelling unit types, low-rise or one-story residential dwelling unit types, a full range of recreational facilities and other amenities. essential services, and customary accessory uses. The tract designated as "R2" on the RPUD Master Plan is designed to accommodate , multi family dwellings, detached single family dwellings, adult living facilities, compatible nonresidential—uses, a f - essential services„ and customary accessory uses. Provided, however, that no residential structures may he developed and/or constructed within the part of the R2 Tract on the RPUD Master Plan that is identified and known as Parcel 6 (Parcel ID number 001558842071, as legally described herein. The approximate acreages are indicated on the Amended RPUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of sSite Ddevelopment Pplan or . sSubdivision Pplat approvals in accordance with the Collier County Land Development CodeLDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. "RI" Tract (maximum of 590 dwelling unitsD 1. Principal Uses_ i. High-rise Mmultiple-family dwellings. Coconatchee Bay RPUD Text added is underlined PUDZ PL201130001813 1 ext_deleted is_rtrucic thvc ej Date 1'5!15 Page 19 of 4429 Packet Page -69- • 3/24/2015 9.A. ii. Low-rise and/or single-story multiple-family dwellings. 1. Guest suites and cabana. a- Any other principal use which is comparable in nature with the foregoing uses and which the. Planning Services Department Director detrerinesas determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the "Rl"DistrictsTract. 2.B Accessory Uses i.l Uses and structures customarily associated with principal uses permitted. Recreational uses such as, but not limited to, clubhouse, dining facilities, fitness center, health spa, tennis courts, swimming pools or similar recreational uses to serve residents,club members and their guests. iii. Open space uses and structures to serve residents and their guests such as, but not limited to, boardwalks, nature trails_bikeways, gazebos, non- motorized boat and canoe docks. f shingjiers, picnic areas, fitness trails and shelters. Provided, however, that no docks may be constructed within the navigable waters of the State of Florida. but rather docks shall only be allowed to be constructed within water management lakes located within the Project. iv. Outdoor recreation facilities, such as swimming pools. basketball courts,_parks, playgrounds. pedestrianihikeways, and passive and/or active water features to serve residents and their guests. v. Community administrative administrative. facilities and_proiect information and sales centers. vi_ Guest suites and cabanas (maximum of thirty (30) guest suites for entire PUD. Guest suites shall solely he used by guests of residents of the multi-family and single family residences within the PUD). vii-. Any other accessory use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Cocohatchee Bay RPtiD Text added is underlined Pt IDZ—PL20130001813 Text deleted is struck throuch Date: 1/5/15 Page 20 of 4429 Packet Page -70- 3/24/2015 9.A. Examinerand which the Planning Services Department Director determines to be compatible in the"R1"_DistrictTracts. B. "R2"Tract(maximum of sixty-two (62) dwelling units) 1. Principal Uses i. Detached single-family dwellings. ii. Amy other principal use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Examiner to he compatible in the "R2"Tract. 2. Accessory Uses i. Uses and structures customarily associated with the principal use permitted, including, but not limited to, swimming pools,tennis courts and cabanas. ii. Open space uses and structures to serve residents and their guests such as, but not limited to. boardwalks. nature trails. bikeways, gazebos. picnic areas, fitness trails,-and shelters and passive and/or active water features. --- . : 1 facilities, sue- . .. ' , - . pedestrian/bikeways, and passive and/or active water features to serve Fesiiients and their guests. Any other accessory use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the "R2"Tract. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R1" and "R2"-Residential-Di-strictsTracts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay RPUD,arc to be in accordance with ,-.- ! :: - ::-the LDC in effect at the time of sSite Ddevelopment 12plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one Cocohatchee Bay RPUD Text added is underlined PUDZ—PL2013000181 3 Tex( deleted is -. Date: 1.5%15 Pace 21 of 442-4 Packet Page -71- 3/24/2015 9.A. development. 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. TABLE 11 AM€.NJIEB-COCOHATCHEE BAY COMM-i NIT-YRPUD DEVELOPMENT STANDARDS FOR"Rl"and "R2"-D1STPdGi TRACTS '1;e u LE_n DEVELOPMENT "R1" "R2" I '•i21'" STANDARDS HIGH-RISE Single— Low Rise and Multi-Family Family Single Story Dwellings Detached Multi-family _ Dwellings Minimum Lot Area N/A 20.000 SF F l Acre Minimum Lot Width N/A 80' N/A Front Yard - Internal 0.5 BH not less 25' 0.5 BH not less Road *1 than 25 feet than 25 feet JJ1 Front Yard Accessory 0.5 BH not less 10.5 BH not less' Bldg. Including Parking than 25 feet 25' than 25 feet Structure Front Yard-Vanderbilt BH 25' N/A Drive Front Yard-Accessory 50` 25' N/A Bldg. Side Yard 0.5 BH 15' 15' Rear Yard Principal "4 0.5 BH j 25' 15_ Rear Yard Accessory*4 15_ 15' 101 Maximum Zoned 20 stories for a 35' ;360' Principal Bldg Height*3 max.height of 200 feet *2 Maximum Zoned :241 ;-?= Accc,,sory Bldg Height*6 Distance Between 0.5 SBH *53 15' 0.5 BH not less T Principal Structures than 15 feet LFloor Area Min. (S.F.)F.) 1— 1800 SF I 1200 SF 1200 SF*6&4 Preserve Principal Preserve Setback — 10' 10' 10' Accessory H: (Building Height): Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. BH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. C, ohatchee Bev RPL1D Text added is underlined l 1JI2Z_171 2013000 i 813 Text deleied is ss? -#r-� i Date: 1'515 Pccc 22 of 1129 Packet Page -72- tr. 3/24/2015 9.A. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb(if curbed) or edge of pavement(if not curbed). C. if the parcel has private road fi-ontane on two sides. setback is measured from the side with the longest fi-ontage with the other frontage designed as a side yard. D. For structures with side entry e,araces,the minimum front yard for the side entry earaae may be reduced to 12'. *2 Building height for the north property line adjacent to Arbor Trace in the "Rl" tract shall be 17 stories for a maximum zoned height of 175 feet. *3. Bui.lde height for all principal structures in the RI tract shall be consistent with the site development plans previously approved for the Property pursuant to the Settlement Aereement and Release, as provided in SDP- AR-5283 and SDP-AR-5284. *4. Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable. Landscape buffer areas(LBE)and lake maintenance areas(LME)shall be platted as separate tracts in the R2 Tract. *5.3Where buildings with a common architectural theme are angled, skewed or offset from one another, and wails are not parallel to one another,the setbacks can be administratively reduced. * :—Fes-f3{noses of this—Seetic -aeeescory struet es shall include :. .. : --- . : -fes and roofed lanais *6?.For accessory uses,including-as well as guest suites and cabanas,there shall be no minimum floor area. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck through Date: 1'5/15 Page 23 of 4429 Packet Page-73- 3/24/2015 9.A. SECTION IV GOLF COURSE "CC" DE -' •... PURPOSE • for the Golf Course tracts. The primary function and purpo' : - - -- • - - - - - - - - .. . -eatienal facilities. Except in areas atkeri-zed-for-Developt, all good-qua-1' s and shrubs shall be protected and preserved wherever practicable. 4.2--PERMITT ! • T • 1 - • zS .----fie-building=-structure, or- r4hereof, shall be erected, altered or used-er-land or water• used, i - , • . - - - - -� A. Pe{. : '' -la: .T--- 1. Golf course • .: . • , .._ ... -. - suites, including temporary golf clubheuses Up to 2 single family detached duellit }� Preject information and sales centers. 1. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater - - - " :-raping facilities and pump buildings, utility and maintenance staff offices. Any of the uses of the"P" Distric' _ -- _.. _ . the "P"district. 6. Any other principal use which is comparable in naturwith tl -fercgoing uses-and whi- ' . • - • . - -- !' - - . . -- - - B. - Permitted Accessory Uses and Structures - 1. Accessory uses and strut-tu}res customarily-associated with the principal uses pen in--this District. ._- --s. r .. snack bars and golf course maintenance yas: Cocohatchee Bay RPUD Text added is underlined P UDZ—PL20130001813 Text deleted is struck throuch Dale: 1!5/15 Pace 24 of 442-9 Packet Page -74- 3/24/2015 9.A. sal C'5.--4 s. auti-4:-A-h-er-rec e,::;t-i-t•mat-ftilated uipmen appa-rel and--aoctesscHies: Reat-aurants an-d-re-lated•--uses 4ntended-40 h f I1)(4EL-F4—C C(+14.V.S7 health spas, u14 'etthar.--;:yi-ttof ae•-c-,essof ' facilifies4nt42.1ided tc--pronv-ide rt creat-ii:?tri-alt-epportiaiities for in-ern-befs, 6. Open it-paGie USea-a-n-d---s-tatetti-fres tc4.--hetardwalkst.• lia+Li t a F-eii S chi eon a+urc vrit h es antd-;4j ± the P aniii n Ser\ -ant Direc-tef-date-Hiiines to-be-e-enipati-P 43---DEVEL-O-P-ME-N-T-R44;-tTt-A-T4O-N,S Pr4nial sirJc1w-c s . - --a : t Lt2-044.-Ft-)•ni-Cf&-f (2- 4—fr-orn ten--feet (7;c,141 ai an-d it?ad aFtE.i.-4'WC i4:1,1 r 4 r 1 in a ni-ainflei- i I esl trern direet t). 'Ht.: rtu2Au re.s 1. A St 1-u St-oirv-11:471'-a. ti — T1 fet2i 44-: i 11,41-1.4=re i1wH1v '4u1-.÷111.7;t: Sb4hef i: -cc?fis-i-jiefed-in-e4-usi C;44cli,.Se—f-a14;4-1 --pro vid Ft=sCre-E±:iun L.] *441,14.H=Y,' pfEwittittiii and--P.e-ve-ktn-ni-e.r.1 -41 ;,:. j. IT L I I f , __ •r - Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck thr-eikA_ Date: 115/15 Pace 25 of 4424-..)- Packet Page -75- 3/24/2015 9.A. lI. StandaFds fer-Fling_ landscape, signs and other land uses where such standards are not specified herein, are4c - . _ - • • -- - effect at the time of She Development Plan approval.. t_lnle s oily • - -. . , -or area-standards apply to priticip. . •. . 7 ' ' ' -- - 'r - - ' 7 P. '. Ne building or structu t- ercof, shall he erected, altered or used, or land or water used, - _ _ --- , - - •than the following: - --Principal stru . . .. - . Zlnin r of-twe-- a _. '--bearie.s and private roads, and two hundred feet (200') from all bo-unElaries. C-auP. --�i-st let— und.ar-i-e&and—private roads, and two hundred feet (200')--from--all T-UP a.. - -- : tracts. Fences, gates and non habitable gate houses-ate exempt from . .'E. DEVELOPMENT-STANDA°.<D O T-44RLE 1I1 DTX£I_•OPMENT STANDARDS E' s+ Ie-F cn-ily D _ hinini m poi-iAr-ea 15,500 SF I �4 inn+ti Lot WIdt-it 4 1 Front Y-a->d- 20* Mont Ya+d— fer-side-entry fafa es 10' Side Y-a-;^d-- 25' Rear-Y-a-rd-P incipel 20' Rear Yard Accesse 10' j Rear Y$_,n SpaT- 10' 1\4stirei I Ic b#tort€et Irnfeipal--anc- IS' wed Be+ght accessory structures 10' r: r-A-;ems Min. (S.F.) T-. G- 414 distances are in feet-unless otheny ise-netad -1eortt yards shall be:r,ECia s--fe3 ---1=the}pa,c 14 yene.f b- 'm-slain of\v;±•,- kk>at:n me,i_u cd front the adjacertri',1ht B —- 14:41 wi e+ -;e-r-+ -14-ty a p,iNat:-s -5c aek-is-me4_ured from the bac., cf cuth{` shed or edge of-pa-vent-rent(11' +,ctti:,:hed : "` Rea,yards tb tcl_s fo-principal and accesacry a ructu-rzs on lots that abut pre:c es:hal - lopm:nt C*' Cocoharchee Bay RPUD Text added is underlined PUD7,-_PL20130001 813 Text deleted is etrucic throueh "date: 11515 Page 26 of 4429 Packet Page -76- Eh, 3/24/2015 9.A. Permitted accessory uses and structures: Custom. . " • Recreational facili - • _ -.e . : courts Equestrian--:-- - - One. (1) guest house (as allowed by the Land-I4- - - - - - ipal st - . (2) service quarters supporting the principal structufe. The quest house and senvic-e-quarleFs corn - -. - et?. not be counted as additional density. Storage facil-ities • a - . Arhich is compiaii,ab-It- re-with-thc foregoin'4--ti : .• -- - SECTION IV AMENITY/RECREATION TRACT 4.1 PURPOSE The purpose of this Section is to establish land use reculations and development standards for the Amenity/Recreation tract desifmated as "AR" on Exhibit "A." the RPUD Master Plan. 4.2 GENERAL DESCRIPTION • Areas designated as "AR" on the RPUD Master Plan are designed to contain a full rang of recreational facilities and other amenities. essential services, and customary accessory uses. The approtOntate aiLlaf2C.*s are indicated on the RPLD Master Plan. These acrea2es are based on conceptual designs and are approximate. Actual acreaue of all development tracts will be provided at tb.e tune of site development plan or subdivision plai approvals in accordance with the LDC: 4.3 USES PERMITTED A. Principal Uses: Indoor and outdoor recreational uses such as. but not limited to. clubhouse_ fitness center health spa. swinItninit tennis--2-eurt.9:: Cocohacho Bm RPT,ID Text added i under1ino0 PUDZ PL20130MIS Text de I el ed is F,tru-1,41-;r:x*Eil Pare 27 of 442-9 Packet Page -77- 3/24/2015 9.A. basketball--courts. plc,tro„ dc.--o'•_ similar recreational uses to serve residents. club members and their guests. ii. Open space uses and structures to serve residents, club members and their ------- -- —-- guests such as. but not limited to, boardwalks. nature trails, bikeways. gazebos, non-motorized boat and canoe docks. fishing piers picnic areas. fitness trails and shelters. iii. C _ '•abanas. Any other accessory use which is comparable in nature with the foregoing uses determined by the Board of Zoning Appeals or Hearing Lxarniner to be compatible in the"AR" Tract. B. Accessory Uses i. Retail establishments intended to serve residents, club members and their ,guests accessory to the permitted principal uses in the"AR" Tract such as, but not limited to.tennis and recreational related sales. ii. Community administrative facilities and project information and sales centers. iii. Community maintenance areas and maintenance buildings. . Guest suites and cabanas (maximum of thirty (30) Guest suites for entire PUD. Guest suites shall solely be used by guests of residents of the multi- family and single family residences within the PUD). v. Recreational facilities, such as swimming pool. dining, facilities, tennis courts. basketball courts. and playgrounds. vi. ArlY other accessory use which is comparable in nature with the foregoing permitted accessory uses determined by the Board of Zoning Appeals or Hearing Examiner to be compatible in the "AR" Tract. 4.3 AR TRACT DEVELOPMENT STANDARDS Minimum Building Setbacks: Principal Structure: North PUD Boundary: 100 75' Vanderbilt Drive: 50' Internal Drives: 10; Co ohatchee Bays RPUD Text added is underlined PURL—PL30130001813 Text deleted is:true!.thrcu-Eh Date: 1/5/15 Page 28 of 442-9 Packet Page -78- 3/24/2015 9.A. Accessory Structures: North PUD Boundary: 100 39' Vanderbilt Drive: 35' Internal Drives: 0' Lakes: 0' Maximum Building Height: Principal Structure: Zoned 45' Actual 50' Accessory Structure: Zoned 30' Actual 35' 4.4 Operation and Lighting Standards for Tennis Courts 1. Hours of Operation: 7 a.m. — 10 p.m., 7 days a week. 2. All pole lighting shall he limited to flat panel fixtures with full cut-off shields. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL20130001813 Text deleted is struck through Date: 1/5/15 Pare 29 of 4439 Packet Page -79- 3/24/2015 9.A. SECTION V PRESERVE"P" 1Ici T nT€cTRACT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community RPUD designated as Preserve Tract on Exhibit"A",en-the Amended RPUD Master Plan : - = ' • 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Amended—RPUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District Tract is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Comtmut —RPUD residents. The Preserve Tract includes the 123.2 acres of preserves as required 'nv the I:DC. in addition. the Preserve Tract includes additional lands which the Developer has committed to preserve over and above the minimum LDC reiluirement. It is currently that the Preserve Tract will encompass approximately 250 acres. Reduction in acreaee to the anticipated 2.50 acres of Preserve "Tracts shall be in accordance with 3:DC. section 10_02.1 _E_ 5.3 USES PERMITTED �1«tit= dirty or structure or part tl.erer,# slm>all k elected al?2$e z�r u whole or—man-part---f e,r thaia-41-ie—fOl-l-t-wv4R9.1lces limited to the following so lone as cleatrino for such uses does not result in the reduction of Preserve aelea_e by more than 5% of the anticipated 250 acres. w-timeinini1:turri uus meats c'#tl :-Ll =- Uses are subject to the criteria set forth in the LDC: A. Principal Uses 1. Preserves B. Accessory Uses 1. Passive-earl 1.?- Passive recreational areas as allowed by the LDC. includinrlitnited to the following: T �r add: u un:] rlined C�oczxrziche4 13x1 1<:PC_t) --- at deleted is k ruc ihr s PUDG-fL?ti} Dfrg1 573 Te _.__� � _._.______—._ I?ate; 1/5!15 Pace 30 of 442 Packet Page-80- 3/24/2015 9.A. i, Boardwalks ii. Bicycle paths iii. Environmental uses (wetlands and conservation areas) iv. Flower beds v. Golf cart paths* Pathways and/or bridges vii.v, Handicap ramps ix.vi. Fitness trails and shelters* Hiking and nature trails viii. Open space drainage systems (required for the permitting of the project) xii. Parkin lots (in support of any use within this section) xiii.ix. Sidewalks'—" xiv.x. Underground drainage vv. Water parks (fountains) ,xvi. Lake (including structural bank treatments) xvii. Boat (non motorized),kayak and canoe docks xviii.xi. Fishing piers �S .• • • � b. • .* xx. passive parks, with passive recreational uses subject to this section. [Intended to be limited to the definition in the Land Deve-lopment-Codei { xxi.xii. Gazebos without walls xxii.xiii. Picnic areas �txiii.xiv. Wildlife sanctuary x- xv. Recreational shelters; without walls, in preserve upland areas only xxv.xvi. Drainage and water management facilities structures as may be required by SFWMD subject to the criteria in the LDC -- _._Motorized devices required by physically impaired individuals. xvii. x i Restroom facilities,* 2L3. Any other accessory use which is comparable in nature with the foregoing uses as determined by the ..'e DirectorBoard of Zoning,- Appeals or Hearing Examiner determines to be compatible in the Preserve Tracts. DEVELOPMENT zfi Cocohatchee Bav RPUD Text added is underlined PUDZ—PL20130001813 — _ Text deleted is struck throu_h Dale: 1/5/15 Page 31 of 4,12-9 Packet Page -81- k 3/24/2015 9.A. A Serbaorq !a_ _ . - with the c-ellief County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area -in which no principal structure may be . -.-her the plat shall require t-. . - . - • . : - , --• : tivity s . : • - Development Services Difec s . • -. - all these activities lee-permitted B. Maximum height of structures Twenty five feet(251), D. Minimum distance between accessory structures Five feet (5'). E. Standards for parking, : : - standards ar -. - - - - - a.- County Land-D- - - ode in effect at-the-time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and I - . -. . a .4 arincipal structures. ' " - A . • on easement or required by Collier C - - - • . Code for taii-ds incl . •- - . - • --:- exclusive conservation-ea-sethent iii-ay--a4-SE* be • s - . . des with iurisdiction over Preserve District lands. In addition to complying with provisions of the c-o44.- -. -loprnent • with the terms set forth in any applicable permit granted by other agencies. The - , • -r e s Association s . - • -- - . .•- - - •- "-strict, Cocohatchee Bav RPtiD Text added is underlined PUDZ—P1_20130001813 Text deleted is struck through 1):,tie 115 15 Page 32 of 442-9 Packet Page -82- 3/24/2015 9.A. SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the projectCocohatchee Bay RPUD. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and/or; final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the band-Development CodeLDC shall apply to this Cocohatchee Bay RPUDI?rojcct ■2ti an if the-hand --. -tl -l'-t. -i£° not t -3-1c,io . The Developer, his--its successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his-its successor or assignee, shall follow the e a-RPUD Master Plan and the regulations of thise Cocohatchee Bay RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in titles is bound by the commitments within this �greementCocohatchee Bav RPUD. 6.3 PUD MASTER PLAN —As Amended by the Settlement Agreement and Release A. Exhibit "A," the Amended—RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of the La-: !- - -- - -- 3deLDC, PUD amendments may be made from time to time. B. AlI necessary easements, dedications, or other instruments shall be granted to the appropriate 2Ov ernmental and/or private entity to ensure the continued operation and maintenance of all service utilities and all common areas in the Propertv}e&t. C. The following shall be considered minor changes and refinements, subject to the limitations of the Cocohatchee Bay RPUD, Section 6.3A and the LDC: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. Pi,C) tLd added is underlined 1 )1-L-F L 13u�fs l x:13 1 °a;delc [ a ,,_.1,l Pane 33 of 4439 Packet Page -83- 3/24/2015 9.A. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County . ° • Z. . ^•* erve areas._ Rec-(i iftuur-a+ton-e-f-,u}1-f-c-iurse nve -an -tics `_`n-4earu,f{ v,41e-re there is no encroachment into preserve areas. 34. Internal realignment of rights-of-way other than a relocation of access points into the Cocohatchee Bay RPIJD. 4a. Reconfiguration of residential and AR tracts parcels when there is no encroachment into preserve areas:. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initi-atk n of . . , :lie--C eehatel3ee-Bay P-r-(*rt is centerpl-at-ed--m ealzr dra ca—?g - r e e-golf oe-urse-atid Project infrastrue-t-urre andcipat d-ta occur in calendar year 20€4,2-401. M arl eling &Tf- emmeere ,l c to ide t}al 4i#e ant f-ct t}tsz r t mbei h.c.. . n--calenda r year 200-0, • err ttr 1 e case-laded in a-1-radar-reams-'910. Ag. Monitoring Report: An annual monitoring report shall be submitted pursuant to the C: . - b ,.s - - LDC. BC_ The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of the LDC -Land 3tCorp s r�yd}arez# ya pl '#4 alreettie:� t ogre ment C. One entire (hereinafter the Managing Entity) shall for PUD rnonitornn<g until close-out of the PL11). and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD the Managing Entity is Lodge/Abbott Associates LLC. whose address is _s400 Lafayette Street_ Detroit_ M1 48207. Should the Managing fruit)- desire to transfer the monitoring and commitments to a successor entirv. then it must_provide a copy of a leuaily binding document that needs to be approved for legal sufficiency by the Count" Attorney. After such approval. the Managing. Entity will be released of its obligations upon written approval of the transfer by Count\ staff. and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts. the Managing Entity shall provide written notice to County that includes an acknowled:orient of the commitments required by the PUD hr the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity. but the Manacine Entity shall not be eiiev ed ofit4 esnonsibilit ' under this Section. When the PUD is closed-out. then _ Text added is underlined Cocohatchee Bay RPUD .---�� ---- Text deleted is�t�-uc}:throw'} throw'}PL2013000181; —_ — — _ Date: 1'5115 Page 34 of 442-4 Packet Page -84- 3/24/2015 9.A. t h e Entity is no lon er r _ponsible 1;A-the monitoring and fulfillment of PUD commitments. 'Y 6.5 POLLING PLACES Pursuant to the Land Development CodeLDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations or property owners associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) All development infrastructure will be carried out in conformity with the LDC. except as deviations therefrom are articulated and approved in Exhibit "B" to this Cocochatchee Bay RPUD, The Developer reserves the right to request substitutions to subdivision improvements and utility design standards in accordance with Section 06.06.02 of the LDC. A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. (Substitution Previously Approved) B. Private streets shall conform with the right-of-way width requirements of the Land Development Code except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development Code. (Substitution Previously Approved) 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development Code. (Substitution Previously Approved) 3. Tangents between reverse curves shall not be required under the Land Development Code. (Substitution Previously Approved) Cocohatchee Bay RPUD Text added is underlined PUDZ-PL.201 30001813 Text deleted is str-tt-c-k-throuch Date: 1/5/15 Pace 35 of 4434 Packet Page -85- 3/24/2015 9.A. (4%) the Land Development 4. Street grades may exceed four percent (4ro) under the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. (Substitution Previously Approved) 5. Pursuant to the Land Development Code, the standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. (Substitution Previously Approved) 6. Pursuant to the Land Development Code, the minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. (Substitution Previously Approved) 6.7 TRANSPORTATION—_ •. .• . . :e - . - - . '_ . .. - j . •- Release In the Original PUD. and the Settlement Agreement and Release, the Developer committed to fulfill certain commitments to contribute towards the transportation impact associated with the Cocohatchee Bay RPUD. As of the effective date of this Amended RPUD. the Developer has satisfied the following commitments: 1. Consistent with itsobltcations under the )rit inalPUD. the Developer has previously provided additional sight-of way alone Vanderbilt Drive frontage to Collier County,_ Florida as required on the final four-lane design plans prepared for Collier County by Johnson Encineering. Inc. The warranty deed evidencing this transfer is recorded in Official Records Book 4140, Pace 3648, of the Public Records of Collier County. Florida. Such conveyance was deemed site related and no impact fee credits were given. 2. Consistent with its obligations under the Orici.nal PUD. the Developer has previously provided additional right-of way alon<,7 Wiceins Pass Road frontage to Collier County, Florida as required on the final four-lone design Thins prepared for Collier County by Johnsen Ettgineerina,_Inc. The warranty deed cvidencine this transfer is recorded in Official Records Book 3583, Page 1537. of the Public Records of Collier County. Florida. Such conveyance was deemed site related and no impact fee credits were given. 3. Consistent with its obligations under the Settlement Agreement and Release in Or about Jui c 2008, Developer contributed the sum of $3 million to Collies County. Floriela t>> _._ fund Vanderbilt Drive_ corridor improvements and bridee enhancements. Such t conveyance was deemed site related and no impact fee credits were given. t cecolhatcnee Bay RFTP Teat added is underl i d PLDZ r- P1,20130001813 Text deleted is r e thr tt Pate 115/15 Pace 36 of 44211 Packet Page-86- 3/24/2015 9.A. The following commitments remain outstanding under the Oricinal PUD or the Settlement AcTre,ement and Release and will be satisfied as set forth herein: A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at the Cocohatchee Bay RPUDProject accesses external access points when deemed warranted by the County EngineerCounty Traffic Operations Department. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Cocohatchee Bay RPUDProject accesses access points prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. ___1}.--- +e-1.4e- lc r- 4trecs that Collier Cour? -fewer-vt- h-e right-to-disallow developer imprn ? -wit1�}I� Vr rideri-;iit condli£.--w4 4-er . ,' tned as part r" eft gc��-t l, ::-i -13u hkic-ril�id.��, i3t am��,!-r;�-��r utz,�t. �1�tt..l,ac:�-pt�= w part of futur-ei-feai- lanin2-construction. -C. he-e.,,elopct S}t 31 j Ilti tit rn tctlf,z:l right of way in ±'-'.,." aR j?G Lid t-F` n nark:-e—SF,R:7 . alon; „_17 :,onta2e * V'±-11.4eTli-1., 11ri'<e. Acid-i4enal-3'i'<_`.l:t Est`'`ay ls-•r `q-ari v.ar2,ing widths from 1.0--feet -its--2`---fe...,:4-on-1 oth-si-des-of- 'a derhilt Drive as sheww°a on the f=inal rour Ian ti-toe o n plans pr ed-fef Collies rout-ii. by. .lolinson-} t+,,ineering. Iae- Stich•--r aired-lieht way along each si z--o ill-td eZNs e ed-{t--� Ili2r oiffi -v idtf;ut derati-i-,1i--forl-Ipa,it-fe Q.-Fed lt.s f(�r r t l?t}i-t a li �-(li'lllkl?ta di:41 '}I z :z?r improvements: 1h t _"l -ti-kriF tr ai t- 1?ir-oCCl3F at ilia time BP. The Developer shall provide additional right-of-way in fee simple title at no cost to Collier County, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not he subject to road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. i.vlit .is i i is l{h- edd in-Jar: v,4-41-41-ii-on Pas:: Re-Ehil tier'-i-i;=r~a-1-£-}LiF 1..IiZ:°-t"I' 3T-rl plan -prejsafe ---f-e inc. Such rCtle. r Ci 1 T cal:"3�ti- r iii= ltu l�Oed shat.---b deeioat'' z{I= S c 0.1w'i=ed tl--Collier C-tiilw \vith t o-sl &ri4o or C ��t�h3lclter L'a� P1'1'1;t To-i added is underlined !3i i 3 T xi deleted ;s At td;tl +a Date: 1i$/1$ �--- Pa2e 37 of 442.9 Packet Page -87- 3/24/2015 9.A. -- •,- a • , . . • . - - . , - 'me requested by the C qty F. --The--Dove-leper . _ : •: •: .: : . - •.y in fee s•- , • - -- . • • ` - --: nelar-y-for . , -- . ! • • on Road - • -- . : - Village Place PLTD directly to the• neih of this PhD has �e ed 6�.� ° - - . -s.fin -- • • . '- Road. I00—eet of-r g;'T--ht-ate,•vay .._ - -- - - - - • - • • : - :._ -all be d-edi-ca ed to the County. Such require: ';•- _ ..I be dedicated and - _-. - - .ublic roadway, drainage, and public utility improvements. Collier County shall compensa - . P - :-- • for the right of . . - •;ra sals of the fair market value based on- its the time requested by the county. C6, The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the 14ejee---proposed development (this includes turn lanes and other improvements such as lighting). If these improvements arc made-13,6er to the construction of the County's VanderbiltIkiv,e four lane expansion-pr _ - ! - . - - _ •-- - - ruction - • - - - . ,• , - ' .n- of• Vanderbilt Drive. Future four lane-c*. - • _ •-_' •- •the Project's access and shall be-designed-and-paid for by-the--C-u3t-d r'h g-the construe - - ■ . - iiprov - ,. f--the construction of the County's Vanderbilt • • r- .•- ansion pt e • - - ay all - -: -•onstructiorr_-east-5-mated to access -#ur- the Project. - _: ' , -- -- - , - -. •- _ qr quality requirements for the future East/West Livingston Road--between Vanderbilt Drive and-14S-4 , P : •-pensated for the stonuwater management commitments at a rate to be de errrti -:. • ' - nt&rmwater commitments from East/West- Liviu s - - - ••t - • • - s- - _ - y. Water quality will be--handled within the 167.5' right of way reservation- DI The Developer shall design---uoise mitigation/abatenmentt systems in accordance with the Collier County Land Develol - •- -- • .. D . In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. Cocollatchce Bay RPUD Text added is underlined PUDL PL20130001813 Text deleted is struch through Date: 1/5/15 Pare 38 of 412-9 Packet Page -88- 3/24/2015 9.A. __. E. The Developer shall construct or pay-in-lieu for a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by Collier County in 2012). The pathway is depicted in Exhibit "D", the Sidewalk Master Plan. This construction of the pathway shall be accomplished by Developer with Developer's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential unit within the Cocohatchee Bay PUD or within ninety (90) days of request by County for payment-in-lieu.. whichever is later. FG. The Developer shall construct a pathway six (6) feet in width on the north side of Wiggins Pass road within the existing right of way extending easterly from Vanderbilt Drive to link up with the existing. sidewalk extending from US-41. The pathway is depicted in the Sidewalk Master Plan. This construction of the pathway shall be accomplished by Developer with Developer's funds and is intended to be completed concurrently with the construction of the infrastructure for the "R2" Tract. Notwithstanding the preceding. this construction shall be expressly conditioned upon obtaining the necessary permits from the applicable governmental entities. G44. The Developer shall remove the existing by-pass road located adjacent to Vanderbilt. Drive anon completion of the construction of the infrastructure for the R2 Tract. The removal of the by-pass roadway shall be accomplished by Developer with Developer's funds. 6.8 UTILITIES The development of this Ame, ed-Cocohatchee Bay RPUD and its supporting Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve-the Project ar - g --, constructed, conveyed, and/or owned and maintained in • . her Coun-ty- T' 97 17, as amended, and other - and regulations. € --.11i c t rr3er�eor etng to-the water-distributien-and-..- to he cons-truete-d--will be customers of the County and will be billed by the Cefi'y in-ace-oreianee with the C . C. The on site water distribution system serving the Prc ect must be connec d to the Distric4-s- water-n . - -consist-L. . . 1 ....ternents . n tl ! tn e anel- t-ended-throughnut-the-Y'-3 £? 13-taring desistn-of they, .- . . hall be inee eieated into the distribution system: I — i-.: shall include dead end flushing hydrants. Cocohatchee Bay RPUD Text added is underlined PUDZ—PL201 30001813 _Text deleted isc,truck throueh Date: l/5!15 Page 39 of 44?4 Packet Page -89- a 3/24/2015 9.A. -- i }:i "i? safi-eiii--ii+tef=-t^-itrte-c-lifte-w 4b a-}a.e,,iii- i.n-tics -h all b.e pt{i,4-&'-d ti=-tl pr If s--�17 the--P4`jt t--li-eatioit; t - - iO4�� i- ed tE: i y tla� CauFtt a:m _ he-de-the in chase of-14e._ P--t-eete.- I D ._.—A ',vat& ,ist '?t.-ti r} sy tent--sitE 1. be -e-ott+r-ti-t `d '-Fete hoot;--- -pf+ , 1i,' 4i-E `'i'�14-4-ti'e's e-le .1112:at hi, th -e4,,el-c per }t: itfi-t--t-er--a-lt--c=; nt k i � It -��ti,-;�-t � _ f-ettii-i7'it r te-Fit'Y----,- Co 11 le f=- 't�k 1 i-it' 1 tt#=l�e--S a} -e4 F +i-ifl a. date= f iaeiti-i-i-es C.l i trtictcd ivit7-iii-31 3 1:'d ri:hts of :a:• or v.ithi l t}ri it -ca ernent:s ass t 1hi411 in touter-- tt ty Or-d i-e 01 3197 17, shall--be conveyed-4e--the Coeint - W-ater",-S-eiver District ''c,- (14v,9-1i: z art n a ii}tenance. All r..ater fa 1 -}--trot- " aired-by 11-rc�-C-'e n y-to-,,e 1-oc ated t1413--ti144---eascnnents sisal! he o . -' . .' ._ ' Itai red by the e-l-ept r-hi-s-it .:siu tt tiec-en. r s. L. All E-etts-'t-ruet ui? i4ai -any teehti-ieai--sf3e -3 ;e4i-1.e s-ancl pre. es,ed nti- 3beritoc-->d tl-a-t:_ if al l l eab-l---ihr t1;,✓-p : sc i writes s4eri ntt'.1--1: -.r.: , " 4 and aj r3;R pn-ar tf 'ri"t n4,:er}taut-$t-eta z,, ruci};,-fri: .k.--sewer d i-4t-= but,1ai3--4i i&a shall hti--c its fudted ro i+ouI tbl '311.1:e4-i V e =--1 t--sic D . :1<!} r l tt} artt t u :ii i-rit# �-f',�(ti�-rxt-�tt;C 13:I�' P�-lc•D dEr e1r�3fi� .:. - t:t� -f*i---l-1ofi'lc r fac lii4 -s i�?,3,'t }iFrzr_; t 1 -�-rliati-'-l-�-ta;-i-r k-�t3t'�-tt-1 ` r: .,,t-s1.ftit et l.tlat,-plat-t.=el--t-i� t -t+{ Hire;, of with }ti ;i: y--c sef+`fits-i --e- - -Ftlt it 4 t l 4 t t \ r y7}rti3tt 0-1-7.-i--1-‘47-1-7, ti] y1 1stL 4. -4,.: t f1„ -,n-eir I'ti t�- C,-ttentirti;, -,','•2-t iTl j1Y} 7 f id�..:;rt it.i',.- 'i7 { .t-r,ri i'it`'...t f<ipi3 i4- -atl-.-n r-iie, 3.-ifed._14 11i.`--1.ciurtlZ-tc_-1-t lt- :+t: 3-k;-ittt}': t:ii-11*-ta:': is--:tli sit-all b:y ,-,wil 1. h. ated-:iicl mairtatIii ?ed 1-4,,, ;3+e 1)eketttta.:..r y.}s,...assi,, ris-or 5 Li,e-ss-rs,, G. ! l-1--;fxiIs:I?:hiss.n.---i-,'...il.}---aFc4----teelt=i-aal etifie,a4ons-..--atid- ry-cpirse ---]mil-ttS -il' ap.p}i-eab'lC---f-o}=-il'tet--p1t=pe tied-tit"s'e - ;`stmt-ail*Est2t).e-'.:Cvi-owed--an i- it-Ft ec-i' prig=to ii; Yne-cnaent of cainstruetion, A. Development on the Portion of the Property located on the west side of Vanderbilt Drive will be served by two (2) independent water main feeds and looped internally, unless an alternative is approved by Collier County Public Utilities. B. _ Development of the portion of the Property located on the east side of Vanderbilt Drive will be served by a water main feed located on Vanderbilt Drive. and by water main feed located on Wiecins Pass Read, and looped internally, unless an alternative is a proved by Collier County Public Utilities. Any development ,z ,th,n the portion of the Property. identified by Parcel ID number 00155884207, .sill require a `,rater main feed ftom U.S. 41. unless this requirement is -s'aived by Collier County Water and Sewer District. Cocohatchee Bay R21 JD P t_T?Z PL-2013000 l 8 1 3 __--� ---- -----_ Text added is underlined Text deleted cr~oc:tFCu_li Date: 1/5'15 i Pace 40 of 442-9 Packet Page -90- 3/24/2015 9.A. C. It is the intention of Developer to loop the internal roadway system_ as shown on the PUD Master Plan. If the northerit_portion of the roadway is not feasible to permit due to environmental pe.rnlittinu criteria_ a potential 5.800 lineal foot cul- de-sac may result on the east side of the R-2 Tract. If that condition exists, Developer proposes to loon the water system by a directional bore under the jtt�isdictional wetlands at the northern hart of the site to connect the eastern and western portions of the water systems of the R-2 Tract. The alirenment of that crossine would be determined at final permitting., but would be erected to aenerally follow the roadway alienment shown on the PUD Master Plan. If a deviation from Section 1.2.2 or other applicable suctions of the Collier County t:tilities Standards Manual is required for this directional water crossinc.it will be applied for at the time of Subdivision Plat, arrnittine, in order for the exact specifications and location to be determined. 6.9 ENVIRONMENTAL The development of based on the this Amended RPUD Master Plan shall be subject to and governed by the following conditions: :^1. 1';3virotIrienta4-- tmti-14-kntg slr:il—be'----i --aeeordaut'e- it tl2 t1C—'rtiit E7 1'1f3 3d3 lrni;ri.)117, 't • ) f s a+d c sub}e t- to r=i'iel —aFt4—appfe'r#t4°*?s-� i fi I PIa tiny_ Yr 'I-)nntt�l:a'Staf'1. R-c+m vLkl of-exe-tie—=e etat-it3n ;?gall nc+t he the-- e-Ie-nw_ -- ' acts t --C-(ai Ise+Fation-2 eas sh: il- :;i Ana+et4--ati--c-c4iise\ritio-1 a2r1'atit`n- Cl:; or C:..'ei?=r;`31t 5--On all a anst?'oeue --1 Cais-ao a 701.06 of tl --?=1r rida--St_&:ute; Buffers :11-}d ne-t ks sh -bc )" Jr Si 33?ticf' tC}� 'ci3r3ii � � ac-c-t4• - - G ' - -- nd De' nt-Gode 17.4t taeser,cd tis-ct-euene -'+ eIla hi-dl �_L 3i'tie iaa c Sl�tl"i tiii �k?#ti-rj l£i H1:di<ti' :i wetr&i=ds—ai'td ',':t:3 ;:31yvti�i?'•'.aa tttaT'- 11.ti-i?(,:_^'r#Ct�}' {1 '7+0 i?_ atui S 11',e Tt; Gut e-i11 iev,-and utr1-4:0,"al-prior-1e '�.I 41 cr-i*_per iha4 8??1j31 lZ:s -t11` `?i3d iiili''S ti} tat tlY?i t 3{ ii.f)i ;t}i IiC 1—.` x .. t_i, , Yt: i#il° " ai,ren .,:�d--�-�-)�:�i-fr—`�•�;--v;e� 1�' =-tog-i-dam-:_ k-M iSSi()11 {1 v{:-t ..L'vi IP.� ' te.nttizl nnp&1 {t) Iii' EiL I li'ildi, t€- -};;t-E ra rt(± }t f3 tiltE?i -�r-t*i4tii £'I'r tifiz-3-1�:1?:t;i �+'l:iili' °i 3t?I11 ll?�7{t?r ?: --1 i tr ad ,; 3 shall lae -t1 tc, Panning S ice - efts: -�t.Yf Fe-view-rand- i Fo-val r.i'itar {t' t}i l si --t? ii ce.-n�tzl- t�t?it-l?ian api: t,r€l —A Bald ill r3tt� t{1 7_L t adiiet.is unticrlined t 7�t,o}t3tf 1 'I t',';00o 1 e5.t delei d is m Date: 1,151/15 Paee 41 of 4429 Packet Page -91- 3/24/2015 9.A. Eagle Management Plan and a Gopher Tortoise Management Plan are required for this siteProperty. The 93.52 acres added to the Property, and identified as Parcel 1 I herein and as Dart of the Preserve Tract. is intended to mitihate an`'_potentiai impacts to h ad -a .les l ocatt_d on the Property. 6.10 ENGINEERING —lie' i' i ..�a . tam'{�<�. �r:scl�.l, :��; =--dr��u4c 314-i�=-plta,��;�;}�rl-} h: �r�brn�ttt fer-revic'Av. NO etinrsintic4-1t H°}}?t'17n ls-4-ral1-3e-i- *}t'til e lcrs an _ - . - .,..,true :n in accordance with the s b-naifled-plans-i-s-granted-by-th e-Et-iainee-rincl..Review-Services, 3 --1 4-an and cc}=3Structic n-e#e4I--i cveme ats-dell-bc s:biect ao ccmj hat4i -1 in -p}eve4opr wilt- =c-4d:2l,IBC- C. eve4epei: its sun- ,Or' .. .: :, shall be re:ILtired to satis-frt'ir. c tiircn�ea �;f gill aplalie:Ll r C Unt_, as ae car cis ita e i prl3r-4.,3-er rc,nett jt} ".tln and-4+a1 4t'q nt dt al pnae oreler relati -to--t4 ei Site. inch ii1 fi ire.--D f" lop ient---} lars--anf u �iri-trier—`'p1?-1-:£-ation--di=al v 141 r4-in--The a 44na?-oi-loc-al dc.,=eli iaat-.t ox-lei 6.104 WATER MANAGEMENT \- a e* aY t i --peen nit sli kl =t red--fa : z i.o 241 l htis t :a -t_,tit4 {1i_. L.c)i1 --e--hayr:;....,cziycr- tihlh j l lend. e'. A. 1 he surfacc \vaier manaucinent system desi(.1n for that nortion of the PUI) 10c3t 't! Iasi of Vanderbilt Drive shall he d}esi<_mcd to accommodate historic wrier flows irtflc��vin to the nronerty° from the north. The surface a cr manacenlent system shall not d scharoe into the FDOI` canal located east of the Pl.''IX,and shall discharr2e near the inter section of Vanderbilt Drive and Wiacins Pass Road. 6-42—- =IIST =4IAEOLOCICAL 11FF1;t}�Yr;i—it}--; ..—i.z..?.. f!-' ,:# t (_E^t� 3ti`t'tlE j?} }}t trrl33r} :1:C 19}i .:i tlii? arc'.x ) iltt {'i ?Nrt?�° rliii z 4� 1 —i .11 i �' Ej:nc a..�', aent L iz---=er.: t�}L. "°(: �:-z""'""�.}t��7`±`;.",,. �� TC .. 6.113 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, Cocohatchee Ban F.PUD _.. Teat added is underlined Date: 1/5,15 Faee 42 of 4429 Packet Page -92- 3/24/2015 9.A. and the L.. ,7 marketing facilities, contractors' and office facilities and the iika, may be erected and utilized during the period of Project the Cocohatchee Bay RPUD development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.12 4 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. (Previously approved) B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. (Previously approved) C. Should any of the signs be requested to be placed within the public rights- of-way, a right-of-way permit must be applied for and approved. (Previously approved) D. All signs shall be located so as not to cause sight distance problems. (Previously approved) _2. Entrance Signs A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. (Previously approved) B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. (Previously approved) C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. (Previously approved) 3. Project Signs A. Project signs, designed to promote the Cocohatchee Bay RPUDP-rejeet, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay RPUD limits subject to the following conditions: (Previously approvedl Cocohatchee Bav RPUD Text added is underlined PUTDZ—PL20130001813 Text deleted is struck throuch Date: 1/5/15 Page 43 of 44?9 Packet Page -93- 3/24/2015 9.A. 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. (Previously approved) 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage; one (1) shall-be -- • and one (1) shall be located along the CR 888 frontage.Lrreviouslv approved) 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. (Previously approved) 6.13-5 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking are shall he in accordance with the Collier County - - :e-LDC in effect at the time of building permit application. 6.146 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the - - = ! - - LDC and other applicable codes and ordinances. If it is demonstrated that fill activities on those buildable portions of the Cocohatchee Bay tie-si4eRPUD Property.- are such that there is a surplus of earthen material, then its off-site disposal is also hereby peiuiitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Land--I3ev vent-€e4eLDC are applicable. Cocohatchee Bay RPUD Text added is underlined pi D7.—Pl ?DI now Si; Text deleted is. ni Date: 1/5"15 Pave 44 of 44 Packet Page -94- 3/24/2015 9.A. _ c\A .-_, _ _ - _ .,..... ..,.... -.-:i:. — -I , ) . _ td CO I__ __r__, _ oe •-•-• t1:2 ..._,■D (..) =IL" i L.1 .,.)`...z 1-1-1 Lj r..... --,-- n ...... 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From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road, to allow a minimum 40-foot wide local private road. 2. From LDC Section 6.06.01..1, Street System Requirements, which limits cul-de-sacs to a maximum length of 1.000 feet to permit a cul-de-sac approximately 5.800 feet in length with appropriate signage and an appropriate emergency vehicle turnaround at approximately '/4 mile from the entrance of the cul-de-sac. 3. From LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. 4. From LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the U.S. 41 frontage of the property and to exceed the maximum sign height of eight (8) feet for a maximum of ten (10) feet in height from adjacent roadway centerline elevation. 5. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow 6-foot wide sidewalks on one side of the street, as identified on Exhibit C. attached hereto. Page 1 of 1 Revised 10/27/2014 Packet Page -97- 3/24/2015 9 A rt•tr.e,sorttt/g.,Datc-rs. -'4,Q. 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NAPLES DAILY NEWS « Friday, March 6, 2015cc27D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, March 24th, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88,THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9,2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 652;BY INCREASING THE DEVELOPMENT AREA;BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 93.52' ACRES OF LAND ZONED RESIDENTIAL SINGLE FAMILY (RSF-3) AND RESIDENTIAL SINGLE FAMILY WITH A SPECIAL TREATMENT OVERLAY (RSF-3-ST) TO THE COCOHATCHEE BAY RPUD, BEING ADDED THERETO AS PRESERVATION LANDS;BY REMOVING THE GOLF COURSE "GC"TRACT AND REPLACING WITH RESIDENTIAL "R2" TRACT; BY CHANGING THE RESIDENTIAL DEVELOPMENT AREA TO RESIDENTIAL "RI" AND "R2" DEVELOPMENT TRACTS TO ALLOW HIGH-RISE, LOW-RISE AND SINGLE-STORY MULTI-FAMILY DWELLINGS IN "R1" AND SINGLE FAMILY DETACHED DWELLINGS IN "R2"; BY CREATING AN AMENITYIRECREATION "AR" TRACT; BY ALLOWING RECREATIONAL AMENITIES TO BE AVAILABLE TO RESIDENTS, CLUB MEMBERS AND THEIR GUESTS; BY ADDING DEVIATIONS; BY RESTRICTING PLACEMENT OF DOCKS TO WITHIN THE WATER MANAGEMENT LAKES LOCATED WITHIN THE RPUD;BY ADDING A PRIVATE ROAD CROSS SECTION; BY ADDING A SIDEWALK MASTER PLAN; BY REVISING THE DEVELOPMENT DEVELOPR STANDARDS; THE COMM TMENTS;YAND AMENDING i PROVIDING ASN PLAN; EFFECTIVE DATE.V THE GPROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 625,61 ACRES IPETITION PUDZ-PL201300018131. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any i individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. I Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum 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 seven days prior to the public hearing. All materials used in presentations before the Board { will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Department, 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. i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara Deputy Clerk(SEAL) i March 6.2015 No.2051093 Packet Page-102- THESE PAGES NEED TO BE MARKED ITEM "9A" AND PLACED IN THE MARCH 24, 2015 BOARD AGENDA BEFORE IT IS SENT TO MICROFILM PETITIONS COCOHATCHEE BAY SETTLEMENT AGREEMENT & RELEASE COCOHATCHEE BAY PUD AMENDMENT Submitted On Behalf of Residents of North Naples Collier County, Florida 3/24/15 PETITIONS COMMUNITIES REPRESENTED WITH SIGNATURES (VANDERBILT DRIVE & WIGGINS PASS) ARBOR TRACE TOWERPOINTE EDEN ON THE BAY EMERALD BAY AQUA PELICAN ISLE MARINA BAY CLUB COVE TOWERS REMINGTON WAY VANDERBILT LANDINGS NAPLES PARK BONITA SHORES AUDUBON PELICAN MARSH GOLDEN GATE ESTATES MILL RUN FALLING WATERS TARPON COVE IMPERIAL WIGGINS BAY GULF HARBOR ***AND MANY OTHER SIGNATURES TO UNKNOWN COMMUNITIES IN THE AREA, AND IN COLLIER COUNTY SIGNED ON AN ONLINE PETITION AT WWW.CHANGE.ORG *** Dear Board of Collier County Commissioners, Enclosed you will find a petition where we have collected signatures asking you to vote NO to reopening the Cocohatchee Bay Pud and Rezoning the area into 62 single-family homes. In addition, the petition signers could leave comments of why they are asking you to stand beside the Settlement Agreement and vote NO. We used the platform, Change.org. Change.org is the world's largest petition platform, empowering people everywhere to create the change they want to see. We felt it was the most efficient way to gather signatures and comments from the area residents in an electronic format making it possible to reach people who own property and live in the community since technology has made us more connected than ever. Just as many residents may have sent you emails in opposition or for this issue, the contact was done over the Internet where residents went to our web page voluntarily and signed the petition often leaving comments for you to read. Please visit our 2 petitions at the following addresses: https://www.change.org/p/board-of-collier-county-commissioners-save-cocohatchee-bay- area-from-more-development https://www.change.org/p/collier-county-commissioners-do-not-allow-cocohatchee-bay- to-be-re-zoned There are many reasons the community opposes re opening the settlement agreement but the majority is that the Board of Collier County Commissioners settled with Lodge Abbott, LLC in 2008. We believe an A Deal is a Deal, and many residents purchased their homes in the area because of the preserves and green space North Naples offers. Residents believe that the developer was given the opportunity to move the units zoned R-1, to the area that is on the towers given them a total of an additional 90 units plus the additional 18 units from the Golf Course Parcel. This was a sacrifice for the community since it took away their views, added additional density and more traffic onto Vanderbilt Drive. However, the Community was willing to make this sacrifice, because the area to the east, 170 acres was to remain green space or a golf course. In the settlement agreement in paragraph 8, it says that if for any reason the golf course is abandoned that the area would be a green space in perpetuity. We are asking that the BCC, acting on behalf of the residents,to stand by the decision made by the previous Board and not to re- open the Settlement Agreement or allow re-zoning of the Cocohatchee Pud. Sincerely, The Petition Signers of North Collier County Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE e----p i c'6 r.1 -I-,W;L s a,i J001 A r6orLa r a oa, —rower 13v i.,� fr, ! 160.•^- A� .)A-R_a- \d1LSo (00I ( RBoR lRK€De. adz- ow_IZ.Pofwr ,i 4_v_LIID (°L _ Z t..k '_ il.rZLAkc lfcar TewF� o��✓ ( An 41, f�pi ( F � ��I/1 7v�izlc� �� .L(o . /4/t,A S//'' Id ` o o//9/2 3 4n Lig.r� ,Ferri, 7 Uri i4.a '. I. 1i ...' ihi--� (o �r ,1.4 •af ft:: .t6` e 1 I i if --,,/_ is /,A. f .� 1Prs(..-.5,--7 ki. et-lr t e)G--Q i't 0-2, --rfr --1- , ,.___, .0ec1e,g_ , ,D;+90rs r ! /64 l/a x L4 �� T 9 4 1-10)1))/K Ade-C1):),1 I 0°1 4-rbc2r 0.4.,q/(C ,--r.- f,,,,,,,1-- ,&,7,,,/,:c___ , # -= , , „ ) ,44.-Tait, , ,,,k t # _____4,-..,:,.- _, _br____.L...._ { Z15-4LACTa419--/- i At V- /1 :/1L1-,4 e___ �ti �?l G' C 1 1 c i c rr i rja,,,,E ,i6c,ttieht,t_ I I' r ' I )1/4 / OalL1-eti. At 060 CLZ-N 'In :J�' 7-". ,\ i6v I ' \ 1. '1 a , 1 ("( /1-6,- ''(6-.. Lc tP R c..., /4.6"-- r 1) _, ‘"z: ' c)s47i*azii/ I Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE /--1--(.-, ),i 6 L, cry•e• I D0/ Xr�o✓ k. -----6-1,,,,,,- 12 il11 �I • . . i -7 p i '766 '15-1e7 W i 13 c y'17Gn1 (r b " 4301 76 air o2 /'o I n,rE d14-l' - =,g.------ Jk7/L-F LF,5 L1Cl( It 11 Jl p n0:2 i 1i l! , � ,, �(-4 ti ��N L i,5 ..J l� " U -±-+Y'fig if J( ` �. ` ` irz_ \Jo h c /A, so(,), /os 1., ,,,oed,..,4) (t Cam, zi._20,-7 .,-,/,`---z .-i) / �_try ZQ 8 / rA u L. (---z,,..D. H L_ " s, " ,, tros-- -73,,,,, q,,, KyT,, - --- ----i- 4.,5,__ f. t_. , _ /c,/ ALA' //63 '` t cti` m_ o A I e /�S c " V Dd ird�'7 . l U G' 1 0-,1fr.-3'e-41- }(3\ rb 1.1)Q ‘) r\ , i : `.4./i (-4f-iu AJ ,..14C'� .T I/515014 /o ' ,t'�Keoe TO(' ) o ,� j,1 ,4 ,,� j AA.- Lc��i�J -► �, D Yick Otn-- ..z.- ' I " /--(dY '-'7-orgi y-- ' ' - 1P,,'"reP,„400, 6,/,9-ttAic Akev; ---(0 7---.1 ' A Pr°4111 PF- 2 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject ofbt•- ..greement referred to as Cocohatchee Bay, PUD. :ti `[ NAME ADDRESS COMMUNITY ,SIGNATURE f /-,0 Ar i,fr:'w_fllEIAEMIMPIEOffr.) -- (-241--/w . �.■ Y7 Iils.__- /. . MINIElran, n 1 t I A . R o` ,,<� LI` '�llAT-cam gLA_A . I. ,L. r�-� f :L�. - ./ f� i_i Ali' G1 • fR oar » �. �t IE �i�v , /4., ,,�i i,k4avimifirimum wwwimbrial russia—dim 11, 264- 70 ( iO , s„, L . ,, wAsragrmarmv if2. -6- 01111/1 gata, 15 OS ee,-e)=.-i Tien u >f> . 9 i / ez- . 1. , Cam¢ t!" �- ,/ f-� ,. ,L �• .� r Irrirpanimmor 0 Co( X 02 ti-l(�> r na.wi OP I_ , ..! - .7- af,ti./":" // If , 0 ), 6, , . ,41 '>-,,.)-- -, t J 0 u 7_ t 4-1/2_, CZ-Z-& I ,' ''-, ' '4-e-A '` BENT01...Ani I 0 6 Iro 3 71,1 e It t■ MIWIEN WO is tCti It C.�. . e a • 1c d1 I'A(�� b� . . � ./1 1 r/ C ° ( t r if Gr if H r / ,A �A (._. ktI &) /oo/ a,(Z 150,2 Rk1, x T IZ&& .0 C ce- G' `Z /C .- - 6E16 9i -er 10 I id 'yy], J_ e)ef r .4-dit/ll ' /0 i71 ab2 A I? : Iw4fir,,ie 1- li&itte, Cy Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. Pr4 NAME ADDRESS COMMUNITY SIGNATURE Z©iStT€,tvNs-41,+ 6 1tbtrgki3DizLKG 2 irpso /� �s,ya7 c•�x 2�I F:ir�-12 ,Nj� . / �i'1 C 2 1/t)0 f!0 0 f •A`f c.A(.A l(-e. '�, c P RA'-'-iN i-i 'e 1"kJ r ,zrtc 4 -a a (DMts pc-100 c X001ft L . � Af��_ ltL7 Ac3c�2.cl'cAT/iacdai"t>ot GJ�vL�1��.�� ._... 11,1s-� e .t,� t , .i „ 11245 fl it Q r; �n.a PN A/6 f^C).p[N /f / `@o6 1-7hQo1RT Pc - G 44 •', t, I - w Nfo3\jf RkA IeD1Ao C- x4l�c0 1}"RBO s. 1-PA-CE- / f_ :7 ;, , :.A0�i- LI. K-NI•P itv 1 13dz 9Z Spa fr7Z 4 A-C �� '` ,, ill I S: 6064c- ( 0 o 1 r,1-b©rk Ur tf cl4G /1rbit 7at 00 GIG . • t�i Ti /Oa/ 07 JQ ia1. Pos--- att. rn 7744.(-0 , ( L�e GLe; . I k/ ' y �[ €��kr50_,ftre err,L,-,-, 4001 (�C'rbor YClI Uaf r ll tJ s N� '� (V syy,Ji, ,i 1c✓4Nt ., 16 6/ 0-(1-r17 1 4t ( ft 1. i 1 I ]� �� c ,!J mil � �' ""'"� - - A I / r r ( q- _.„,i.,,-_,-.,,..0` MI BMIAILMI f ` r, it lama.,,,,,,_........,.. B ...„ .......... rxcr A ,Do.v t0 A rho? (4 Dr- If Ii it cmwrff l�J f� �/�e{ F� /�j� �+y�.�y�'') `�,.x^Gµe..cE.��7F' A�i��(-� :;,,t,,,,, �.Cc;�.�.'c�,cd'e�c2v��7.....L..az�cz.. Q'�`� -e elf ti .1" J al-L:4-4i /(qy�� r (�/ �� /.` /� /� L.�T �/ri •�n J 1`� J A ( " f 4, Y ',+ i a t ,/,,c -1J1.'""y'-/ . /!- Li Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. fRJTEbNAME ADDRESS COMMUNITY SIGNATURE L=- ko r/A 1. 5 0 m,S to 6 j- 5-0 - g y;' ` `7"o,,,,e v' i.( e—. 4,7 i ter- E� � A� Zak; otf /a 0,- T urn,le._ 460,,, ' 'I $',F L.r ( L t 5 i v & i ca/1 b a 4 Af?.!{` I i , r O F(2 Po i P ,,,,&o/i------- 4 e-ni Es k/7-.41.c'< loaf 4-P.i e e tot i)1k ' 7 'To We.,-pet >417 l iLl M. /b07 M r s.• af{e !a- 147 if —ow e...-y. rot, zil e,,g,r4 . { r imimmolimemmionfilLEmo( rie-EFDR., Lo*c- /"/A",,,, Ad �e__�r• it / �-I'/e D' ,T�� ,--, "mit=.,_, ir4.74tall= 1 J , - I __ )46 ,, o o r /2.- •/ - ,2 y` — �'� 6So'-1 >- . . , m e e� toot 14' ,iZ L)q- ., �2 -r0() '4 f-1--- ,Z ;-6. - - �C - a} -I ^ -`l. ( 1 ,� _ U e,�6' O L,,hk.1, V - /l c. JJ'i+'�E - La �t iI. -. ` i t�� ,e r , �a� �. i ��c7c,�' Pd ri i -;F , ej) .j / NAil-Ai-HE L WINS Du) loot gyze n LAK, 1� R_ If 307- 7n.c, 21i -s,y- , :444,1 £if, 2'. bf)it if ,i i o or -mac,&IL i "1 CC /(}G y i r '_ tJ.(� r'4vg IC L s ' @, t< ei if i1. L` f, (tictL r 5 ,ice Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. friN-CeINAME ADDRESS COMM UNITY SIGNATURE f t//40,` (eAe2?( /o®/ Ali,ID✓ ) De' Jr r& 4,hD - 77?C s - z_ /4i2 n e2ar /0vj�,Z,Y/k A, t.3OZ `-hoL -,,,,.. fd - �� A • Pi /00 - h kk t, /' -6,i�v 1v C-,?_ .r.. v5e h i -[+:1-:1 F_S foe) 1 Aatdv� -N11/6a-/ ct4— T - � ,r� ( ` :(CP1 1 -C L (-k-ERS' lot 1 n -L Ti Pk ( Virile-Q._ `` 411..._.. ., 7e// '. 420/164 AO /9ir44e Ii74 42 ,e1r,<, /2/1-c . ., a� s,► . W - jj �i 5g..,lvie,+2 G, --CIEWSo V /00i 4241 L'wfeeA2 *9®` nn Z ii-ee .�' 4,,_O—e PAIR.,lal 4 9 ill:LIAT i( it <106 ,9-1,151i,re2-- 7 l'e-1-6& gijC_t-:-e-e*-4-1— lap g..),, el 491 s'?1(( 71- Ai/iQk /o0(a ., kc A/m (2*-Z X_,- N I t -,, CL-�f-,0 S ,CIE/ 1, N.‘, 0. Alf_c4 cl A1-7;'e cle_ 1 CI6 I 11 t L or a Pa I fc.L ‘v- 1,/-114_9,_- ( Aii \A ' • :.' - 1)./cii ' -k /©©( - s • •- ' f' , ! . r / _' J dh 1 . _ /i /l ` ,,,enm -v ' 1,0 6. i, .... -it i . .-,--t-k,Lai - Wriairtin Or �' j p ,� p L, J ail AL 4:';'—le;'wos61,0 itbot/ Pzi30Q kokze. ----ia,t,r-io,_?„,,re fa. / # a vi K-i,,,,,.,,,,.,, /e'a/ e,.. 1-e-� l C�5 C•✓U ` -s- 1 rem cs2.- `. 6 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. Ti), !\) NAME ADDRESS - COMMUNITY SIGNATURE tC r L. �C'� I �, � .,i- e. i / /12,r / l^., C2, e� a 44 'f ,L Al 1467=t��/�A linffireiffiMirar'g_l/,' ,Di 1 1 4t eDP !�C (L 4 1 t _ 1 1 !� a tar '�fiV ai4. f&9-(J ��1 / ,y. el/Pr I ` . . / s ,, - ' �/ - MIT4. / r . �� r /./ LQ I /AD1FO &-/ 19-L �a_L (o/4' i& Oz. .�. �de / -rte iii/ , Q. 0 C` S A A ids I 1 �-€i- (P6,4- k 41 c I l ri v —42 p it ,, ?\rip) ' 4, IervA- ?� ,-e'' --(7 i c:.�l J�4 r � C (164 11 i n.1� o ( C ,/01 J `'.AA) . '-7 fq I , )ek-kh )&-citiE' hiw 'A- it7--. ) e." --\) Adzso_tivio }-) e_i qrviv-LIFIA--11) -re;ogi, riT-t-A Oqic 41 �, ' 11 1 1 C. 0 ( t)r kt ! ille& " 1 C2 .v-c,,;,`f \. <<-.I!-, c�rtc ti_c_11,0 Cant,060 l bt,I C bsL L-6„ De kvtktr (v -t n.) 0;/) 6-7=2:_i_isJsa I --7-1-R E) b/C@ 6fiV '/, ` 00/ 912/30c Ci94 . %C 4 P ""\ 0( �?k �`1 , , ' +dot Ai LA-1 , ( vl��tz C j_/sLLo be)) . 151 Z orb t r l 1 t/ 1 ` g 6 I/ $ g ----• r ! f -; ` , 'r I( It rc 1 00 r r ,i fr -7 c, e, tfzuvIzA: . 1( 1 f rah,L �� I �I J y,c ' , a2. 1 1 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. c NAME ADDRESS COMMUNITY SIGNATURE 7 ` � j 1AA`-� T. 1" AP- 130[Q -( 1!--'e. ^� i`c,1— r_ -h g,c '.� 141 L� :::'.lam! /,� _ - T, P, iet5 ;'i T cE t} '-La IBMINAIIIII , FRIMPAYMI,tier l' r M"_Aa `_ __. ' ' ,fir �l [A,A�P ( 'ii 4f . 1 !D a a i'Nft h,4 r ,.c J ; 1 1), s ' - - 7 / :---- - C: -L\L. ) " ��f eta 1; 6 " , ji /0 � ,6aicdt,/vA.,,__ -1-"P i t)(,- oiLiy---L. 7.--/24,c9— ie,,,,k4e'iev ?Trip i q A ,orioz-id 7 r co I/ , - d j ' A, IA a b , , a;E 7 t •,• cii- 1'0 r 4 8 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE m 7 ci iegi4„/ /012725Na 367 golor cy fiaro--EM AA /14 CX 1 1a e.L J )\'d7_ )4,44,7 1 E Coco :atchee Bay, PUB ?eV Von We the undersigned nd object to re--opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of Coin ty Commissioners of Collier County, Florida (the "County") and Lodge Abbot Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the elsubject of the agreement r 'ferred to as Cocohatchee Bay, PUD. NAME ADDRESS c � ADD RESS COMMUNITY SIGNATURE 4 n n d Lc-) Z r,a;9��boc i ' CLI 4-4-,z,eu 2/i e h a n 4 h z' L;,/ � !, P 1 1 �y vrL ci ;:. Rc fr,6�:,,i -e1/ , %� _a c,- 4, r t id Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY ASIGNATURE m,er-tthe_s&.. 421 CII EU. PL._:gW4_a44 8,4y ._.'7 g -5#444Y LcI as o4..._...421 C,HAR�-riau.. �- 6-bets.ou C" 8Ay 4 , I , a,; • i I Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME � ADDRESS COMMUNITY SIGNATURE I 0 G, /____0, :\ ?- \ ,k,V (6_ 5` G V _ )" '),7' 1A-‘171 L. ia. \64, ! it L. 1.I H -•-•?+&C-Z- WAVdE5 I L i (71 'GAile751i - 1 1 ■ i i i i /2- Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE z//d e t i36 Vandbl 4/��sse.,/ 3c7 e01 .PM.� 11 / rt • r fir' S4) l/0q-SSet�tMa.\ 134, t4tAkhUbr f *6d% .,, M wcMeK 1367s\1 (/- -- r 1�/ 1 4tFoIW /3c775-t/,WL7F/Z 'z-13a6 /*ill % ` ('l)t LL 1 A CO Clk-) Z 3(1 U A►• � ' ‘0 l_ A • j ' - « .1.• t. a u core .41 150 `(an&r4i1-1 br 4176 It 'I, • EA,� .� • *LA• i ( 5- a erh l 6r- S A . Utk — if LIG 6-7 cl fva . I ' gob hop- Z/7-A -6-641/0,6 If f2 L- Q.&3;�it 13 C 75 v�a�o��iLi D �� i `7 A 0,1x- 4. t �. \ . l.L.. i/._.! ��U / � � ,:I !�_�'_ /x/ 11 ' t� '' � /<�.>i�! 411 to d c Mid It 3 • Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June,2008 by and between the Board of County Commissioners of Collier County Florida (the"County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE s\- /7 1,4'C' 'u &/- e`c . _ C 4 •r le de ; 7 . M1 C iagi, i errs 61.'x.,-3 6-'06F--,9_66-' C.T 3 -E-N i .-0 V-t .. c. kki---(�6-",� --` (1 (q i1 / s,4 koi„,, / 4 / 11 C��ke- '''X1-t- 11 (�-_.) ' -e-C-• . // / . -' , - _ e /% -.I ',� �' G(i2 ;5 �/1` i 6i, C;i _%,�1 ��!`/ II_i/��L '' / LAC/ 971Z)— - 7.0 =_92., .3 A , A (_ I t J . , , u i �pi C6 -, :2, -- -'' ' ^ , -T lc, ��7i- ."� ter./' ._- ' '- ' 1..„... 1 Pefk ' ovi 1/;---eel7P licli 64, ,i _ ik ''V - A n d %�S �.7 _ ��. c;c' 0e 4 f iza 349;w7";,41 Z. LdIC° � 7/0 . )11 1/c q3l 3e 7 D. � �e Bc4-1:t rc , _ / -4' ,,,l(L___a (7/0Z i*-,, , k:3", Of e/.1_2-i-v•c.7.: -1,-- 7-2/j-- K--'01.t";;;,0E-ezz/z-.„ /-rAfik) vi7k e-E-7,-,,,d-,:, ).-t i ((`)• .,. -/: .5 r3 - -1,LE6-y (fir; IV ariIs., F L . 01,64 („ G • 1 LI Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay, PUD. ADDRESS COMMUNITY SI ii 0 7,\--1: ' i C-C ) V'. .k&a,(, E tLil_, 1?), LJ AL-71 .'&_ ) C---/P-'1 fi-e--- 2',V , _ Ltrovi4., L■ t , , .. o,.: .. __-__,■ ' c--- -, ,-,..-- - 1... q -Q A-kicl Vc--:-._\--"tx-\(.. _\(--- ■ R_ __,( 6 , ' ILI 1 , , \\\c 1 (R o .(3 ' -k\ c--4 A2. 2/ (0,7_, ,.__ 3a 3 P.'Z e-cN C\42-\\ ' 'X' J' / - a)-,5 . _ �- ■S bV " Lo 0 i e.>-‘0,:_,.v15 . (7,1`4---- _,,, e..-- .6 a i „-\-\ k DN II P,_A- Lain T-e vN ee , C //4 t i aa-,-- ,.,-<\--\\emu Y ' ` B ':\ I r , s� C' 3 l ?.��\�� To by `V\zGke-‘4Y 4rN At, tea- „(4;:9\4_ '� �o�� 3 t k � �` � I t { � /p� • lkJ`JtiLC�� \ \ \, l �.� ,1 /'�` ,),, J \f, raj/:, , ,�_,�,,,, ,1\p ( .1 4 11./(.1Al{ e(eEli y C.-1, 6 'MiY�a.('n lbw., Et, .-N,/,--,..../ I ;,--- .-_- . &Ai , v,, (-----F, ._,--)a , -,1-,,,,,,, Ez ___,\_, s -- 'n� r ,34-2(„ Y ' A01 , Ja�'it (' z - ( ---Z,S--/-(tit.0-()-qe-Lce,_ .1-P,-i dc_ ,),44----ii /�. -a- . �f4 7�5 ( E R LI A G Pe �71 9d' .V 4, i, ,c✓ µ S2 3 s'Lie I g . -7 • .4 _br”vu"l'L //.fir 20 s--/ - a-lam &e27,r-c?IP .47: Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June,2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE u rg u `C“.z 322.3 c 6 (D&- lV. It - I A►m 2 C. 0 i icy.Dr it IA G -c_ L--QA/ i te . A l. i Cc-- A be t•� ckm (0- A ,L v D C, , ., 3y � � p A-0-( 4-t r C C, to •07 )/ Fa&vi1 ;IZ. 6,0/Pc a, r_ 4./(21 -s 3-//� 1\A )1-0 (\I\ .3-`.51. G-n)-r6i9tU ‘Nih-oLsc) t-Ill 0 qwitlittAPA .2;<2(i (0oLF5i9 V,,ee Q�� L‘, Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE Sa.„ L e. / zq Oe,i/4 ; Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE Net:.I fri„,,A,L..L., ytc. ko , -. .„, , v,:a• -goak, 4 i...±. ,L-___"4„------ e-v-- g72 6 c- 1'1 c , )1-72 � � /4��2 (../- i?S k 13 H A-R, )r 5-ab ;� ' 4.'1 •=tlJk 4 . re, L.? , [- S' c� l1� 7 ' h (-J,'S l' M a/A, S-- =r I7 . ,...-'e' ,__„,..„,, 3 - -j? e7___:___4('--k-r---r---7 .4- ----/1;,el LT 7.7.,,-' ___t_./ 76 - -2),,, -'ll[5177 ° i - _------ 1/4 N11 3-A, 1'/4 ESL __ 19 X13 0,ENrLL v b ` ) - ,eSII_s ,i f 1"4,_2, f A cl� (///.,,F.--&-e_r0.--t / ��I } 1--(3 137 179 Q Q �-�i I cd ?t31/Q V _ a / j, 1 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE taxf i e e,-� k f -) -1 , /1 tei itoi-1 10 r -1e 4,., ,- , 3 -- titttit,62Y .�T) 6t' r a(61. 1yl;`v, �� 7C it (tor-ui L-1 gt;� �&. o& '1>,�! , Cam( - - e/ =-`' `- 1 4 1 -0--"i H ogo Fire (3 ✓ r 1s i ►rye IA ;1/z 4.i °%t F y , /1i . 1 ./' , _ , ,,! ' . A 0_44)&ja , ./, . .._s--- i/ P,i.i ,e / 1- ,,,,„.(..- , .1_, Viii_ _ ,iL.4, ...,-_.-.-/. ____aetti,/ /?_0_,5,50 �7/6 S #I Of A IN aJ to r _ 95 SO /6)S /-14/ t C T C ,,17 c^i1 e--AiVi a 1 i t t CIA WELL ► VCDFU otergt C!` ! ,!t _ 'a AWE N S��R�1A I k /(:)6J'1)C' { ace-i 333 St'ti0 / a A 01 jkle_t)-e " 1 r iltr 313 S?` I t'. Ec h i &it V434- and ` Lev--let— 31 Ste . .4„,-,-.4i g (.9979 +.4'. _' % r)- A 1 < ,g(--I"' '5) '6 .Mfri.-1-4-°''L.>fe, - i '-,k; li '--141(trWij)i '''''' /-'1.--'r-,/i/ 74,4f -iv ,i) 3 1CIZ.— g3 nbtLO C`-f_ = c \ 0,,A 1:1,,4,0-F 4% - [4,..,_, ic _., F,,.05 ciiu E______I 0("- __I■k,, r. 31_„...w- liv. (1.,M L.- c::: ::CLC,-A zir6 rt,i,,„ 2,figiA (5-A(.4,_0.-)L—)4., P ji—,,,„,,, ), ,,,,,„ :33 --1-----S-(1/4 er-SE----1-4 (:( ,Z---1,--t.i,,, c„ i --te-,, ra,,z‘ --4,,,, ),34-,-vc., c_,:- 1 CI 6_,)2..),- / o1\j % t=' j _/-,, V) Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE *11 ' bt'' / l / / /2 /, / (,� , rf I _ or CSCdvape/' / I �, _ �.„ 4c , 3 17i --{. ,5, it, G'ele41 // 41 Jam•- y � 1 � /� ;di, /C7/ , ,/ _ _L// /��L / / , f' ,� �„'' y ,.1. r. _ , 1 , 1 3, 9 iieer-,t 4I' Ed 'k beteh e , "AV pm chAa' e4 / 11-2ee4 4 C Eden Oh I.4- Vif4rr%/14r.iivra _ ` r / f .r, --(■,,4 ' /4/0f'00r'' De IC II C C/ 2-y /1 iltAin 1e,4 L,s� r.ir,. 0.,, -i1Y1 ill i -414.,... `i`.re)2.L. ci 3 ilek r-ork. lit,.l'e_ ks i, LA: ), L--(.4 i- a . IV- E cir,, ,,,,lt,, 1)1:t?y ,--,,y7,4'1` ,st,f74 1Z1-1/4 '1 x ,\ f( /1x&-k' i_7 .',/ .!1'4`s e1 &';71:,,, e- i -1 iii Mc /~zr `, �'' ___ /� e al21'e_c f tv' ; 7 fig i1fACif�f l 1't--- l i)E& i/I Ha iJ1/ j fe i �[, -;c ‘L,e Lam==-� ti: f E. � f'7 `/�;.�'�'�--�G �r ��t.�)�C.K.1l • �%.•4 �tY �- .�17'� Jam! au/. j 71) , { ;.. �/i,>t�v-r.°� ��c(,�-. � �'f,,.','N�;-'t:C��"�.��'i..t 1� 2:7C:(,�-�-r ..°s p �L- Lim t�1�.' y�?��r,•� �Z.+zy :� 1 R 1-A t 1 i.i 1 I .T, 11.3 p ( \ j i ,c LL i L ) " y',�' 9 d 1 e A (( , i ,,. , -`47;;,----., 11'''6U(',444t.,-/ 71',L,":4 Y:1-S- 67/ta kkalf (.' ,!,f,,t, v,) lz/ii ,,,lay' .._. : /;//i;) ' ''t" ,- u L- 6-( e/0Z Z PO 2-1-4 3y 122= '/-24:7' , 0,- Z--11'',;;;:e-' 7' E4 ( >_ ` c i -A ,,If- ._U5-"- .34( J- ., `;',- 1\ tt ; 7-- >ti t . , L-1,` --• tirtill./ / ' Cocohatchee Bay. PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNr I Y SIGNATURE ..... . .... c f'_kC..,„_ f. /),L tAAt _ 4i/2-- C-L-%L 2— Pl. Ga---,'>^-4-L'a-64 PLIPKV(LINAIA 1 i)---1 We the undersigned oppose and object to re-opennci the Settlement Agreement made arid entered into on the gbh day of June, 2008 ,by and between the Board of County Commissioners of Collier County, Florida (the County') arid Leckie Abbott Associates, LLC ( Lodge').. We oppose and object to any change in the zoning and of the properly the subject of the agreement referred to as Cowhatchee Bay„ PUD. ME-ME ADDRESS COMMUNIFFY gifiNIATUR 5-AtAira, 0907z74 332-/Napier c 6-D6-A) 77,6r-84-7 : 1/ c _ uz6je /4.4R-j- lus 3 p/Adoey E1T -P11)o 8 A 911011111111W_____. - - - ----- - - Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY IGNATURE G--Mrn� C 0-rc - - 2- U eD�� (.QA_- r \00 ,.‘,.,c., 2 STqii-c, &-��r 04 l D1, &DDS 64,-t/rL- €' �,- 6-- 6/1--1 ; Aill 3 " Ao I lf2t-/,� (0 3 `6C( fri [cr /G,e)ili t' ® /9, 6.4 y h 15 '^�-It,et'c-to 3 i- (LC1K a f 04 ►!.. `, 4. ,c E ■ OreNt SCI 3y - - 'Y , cki 130 i : 4 el CAR Hail,RC eL, jJ�`l y �`Ct CS`C�.i1de.�.+e#� pc„_, C3� � � - F _. !�� ►/ 0 F-'2-4 e L- Ll .�k- h- .7 ( � .`1 - e k AIW i 0 . l ( 1 : .A. g- d 6O ,, ,1 :l - l / !..`•f a c ill ,� T3( ',Aa ► U �� 1( '` �t,l,' j, 13 ''''kS,■W‘ 66-t.te. --- t--) i - cv,(A 11 3..„..,_ / / ,-,,A: S `sn %\ , , `` 1 c) /6 ("20\LV li_c2, e0 (t"• L' Lk',I.:),-Olc\AA i) \ Clei,k4-4,T'1L - 7-1-,( `7 ,E b• a /16 -v��J 12' '-cc- Fy-1-�., t - '. ('61c.1 _ i; =1 / C`k,`W__".1__"_'� ��, �i!'��_ Li 0 6 Ed ', �.:' C t v z... II , _a% 'Qk3:_1, A,- 02...3 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY S Gir ATURE Sev i/ 2,i > //j J h. "•, 47/DTM4.-fry t 6 . 2, N\ - a i u`r�3# 21-<4e-4.1/6 /-t-IZ l3 v z (_ , Q z ' era"' ! 'sv.. ��a G.. � 0�,�) : � .f.� � DV' L ' _ 1 • 2�� i . R �./� 4 7-04 67,/C/C�l� 0 0 7,e,50 ,/,e,A, �3— 7/-r.4 Cif e r�4c,e4.-- -.. an.2,0,\ L. elu4ce •ocfAOI t /. - 0 . c)(1_bof /-26-c_ 44,--- — 1 A`7/4" r ./ .96 Al i ✓ A . ✓yc c ' -//4. ' / - Ai S -, e. �t e_ .- / 0,/e60e.1, /4 :0 --- , ., re , -- eel fa .. ,ke h ' 14 io/t 4 AC'_-e— itJ iGe R—P ,Acv sS 1C a- II, SC c., /- ki- o1 4--2I a /lL;.- ) (kh(1_,_ Quo-0A-ct S c a 0 31/1-61 'r-te__ I)2. 60-6 ` , G f` +bfJZ I --3 e rb-) Cn(: )_1_,, g, .t".7(s_-L<( 9 �'0 kiU! E(Q... L 4 d, t�-a b ' - &ttto t ,m1 ,,., 1 ' t 1 f1 !/ i' Li Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE al J1 -;ctgi'> 34.5- a ;C46 iv t d e On &Ea 44----44+ Cplc G6 ►: IGG ' `. s S+"_;,,,, ' I t te-n can '10 4 _.� TcJ . �� o o 17�.4's 3 5--Wee - —4 7. _ r . viii di Las '.fI .y =,‘ (6/11l"/� d VSO ,4` ar oh i ii i � - '' �i �L `L'' .�td" `cL-I/(I leJE�l di E s, , z-�- .k C _ / i/ 4 � _ `tee � Jr ' _ - , '_: / -a te- - 1! ,r ' Wall- l' - -3__ _63 '''' ' f':A* e"tti itir ' A 6e_=___lq0 -- i I My" LiWja 27 > / _ ")_ ''. -� r I P1'. .�, 1 ( - -C Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY Sl ,NA _ 'E/13?'" eyndi fl A) • mrAI -Tk_ . -Kat�R�� ef- `17/ 7//n r�ore- , 4 ( � a • 3 qG 7 %uur � /mo/ d/0 01`)-v✓ " O 1- ! _ �Jf1 N YiS fif HELL 7Za 7 L U3140/2.rc LIU E,J DA) II C ' D Eiv w onr`-1-do gA _i - (044--1,j a !-qd310/1-4, LA/ g ele eity ■ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME I ADDRESS ( COMMUNITY SIGNATURE I &r&-n.k L)p. art_ 3ggf _Seri /3R- 17,. Eden.-aiithe_B �k _- n` r I- l 3(-g aert Big-ti _2, ode.�_ c . (4- 1 _/ ' _�.- , i n' A s-f7,1 ii,,,oz_,3 writyy:,,,a diwv - lr �- gym_ i 111(chil-a Zarb, lq C..t..ZY-Ibk ..c..',.,.. 04-11,‹ 64,1 AttalAir., gum, 1,-id ctoLacti, W _____-(. i ___1_ ,e, 7749.1■ _ a. T �dait/es_ _ - _ _--_ - ,/ I I � � I , I 2:7 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE A'W C s ;rki Qd AAA aOP. 41, e1e1 o�-94e. 8i( i 1 j . Leo) A e q114.?002 OD /nA//o/ y �� ,-,/7 OA The �� a_ , A' . JjR 1.3 ?37 5 t-e,f:a [ ei ca �� -!-70'r ' is a t/tide: AO 1,f 0Z %A A . 11 _)f-- ero, , ;� A ti vc 1/93- �r4 (I coolie Li 1u E / • r � " V {a If `( V -73 o.SPO ACC L LI 9/ T6//A li.,ic3 ' /,A) t k K.rlleSIMIIII 1 t1 t k OR- . 1 * Ob.' uL., it k, .. , . v P 7. ,,D. ` _ ` , ,, 1, : _,,,„ ..-A,i‘-) -, t - k,tct.,_,,,, o_ f ( ‘,. .-. el--- 3 - ( c 7 4-_ e t.,-,t,%.1., _i___±._.. y- '—r , ,,,,,,,_,-___, c„' ,-) L -11,Lia,S.ip,---Lz-- Ck- 1( r C n az- i---- 1,,,,3 i `� e 1 4/lei%)RcuiLl-) 9,5-7 51e6i9f-)4 I , germ, r#, \ „„„,. .1 AL ... - a-1-11\1 P a-GUA &3--) feel fd'i 1-1- i.1 1 h'i i i j f low t < ,,. '� ' )_,e Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME I ADDRESS COMMUNITY SIGNATURE --.: 0 �_v_ .'34.5 LL //_- Y�ce �_ . - �' gi - . _ _t __,, i // ,Aziit9g. 6_1 !i--, 4 ',-. / . e. AOT 1 1 /d� fi,v ( 3'7 A4//b/tv 1 n ,1/,'(-,e / 4 � / qi\I-A^, , • i= ' 'ck (' _0.ef (AMY Y- wi oq -I-he e�.1 Qt Y 'I !.'zL,4 12"i:(72 -(-' __. ? ) 1 PI � �'Ir. �4, (1-"I` l&c d"C.-/'i l)L(_ -''%i _;' i.;•;',,,_:, ( _/ /.1 '% C J�Q 1!�- r �� '' (//1 t 2 /,,,,f- c,. i 1_e:f �'l�-/ p� /fl.� 1. �1....- _ J(_.E' ) l `...,, /L�t/_/ r l Z , ��1/ L�/ �'�"/�; r"i� � ,,�) / J / �! 1 f/ -/-J /( // / ✓ %„ . i. a c. !l;''� . /,`, I �Y — / C/) / /"�.- ,,�L b, `-)1,„,„:4--) ,,,lit �4-7 ,,l ! i - (`' 1 ( ,f,.( i,) ( `- 1:7-v--2(.7= -,,) Iv t+(- ,,';(,=-L7% ;, j, "-,"_; Li j!) .) c',s 1)1.- I( C�I/A: y'1I CP i Tt' t GC I1. 1-=_h ,„ L Pi,L r;,�`' \,1 14".,z� f - �� r, -"1 r/) -,6(V-,' g///('t 1/(_14)/ ' ,.>>1.r ckPr---t.,�, %,Ik,, � 1%{� ' / ,-: __. 7(/ c,7-:)/ 1 r -,( L / 7 (:,/ ,/v----;/ 1,(.4_,<:(._ �,�%�_ _ / -'mot-= -m-- 1 is-,(A 1212 0 L/1- `-) - T. ,-- '-/( (---(-.-f ,,---ly- 7 1,,G/--2-( (.,_ , , __ ---- —, E- _ i ,/. ��-L'✓ �/' V ✓ !� (') .�if�f� yk !L.�-f=L-. �'' fr:�o,r`1,.-® �f J� �__ �-!(- /,--7a_'.' 6��/ - 1 Ici, Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. PR t Ai i NAME ADDRESS COMMUNITY SIGNATURE 61° \ 11 - t-1 < ` c c _2Q c � t ( J �! jada'd r 1 ' ,342 I ; AR.y i- Ok) (-O 7o0 PvE802 Li- cV u g&d , , �. . (n / y , L,t...� J.2��cc' � 2'-/. `- a (-1&_7:J / r Ven,tio-9k '?d , -,--drE.1,z.Y2ti -ii2ie 1,A3 dr !`11-fk t/L0-1 /1 — %b6° Arch 41: „ze pi L is c U,r r/4 ,v 194)(3c4 T 7 L C/eCiiFic' 2nd✓ �DO lD✓ ./a te /� ' . y. Se i• e "�' .fir 2 ukJ ?moo /94/22e T�J(< d41101(' r.....� %iPkil P /fir q iii i ; , ,. �, , fr/ /- 30 Co}nc.h _ [ $ ._Ja , PN -J RTh tS..J We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ■ ADDRESS I COMMUNITY i SIGNATURE ifaBo -07-ace 1 G( � , ri 1(2,, t-I-�` s 8a2 i-fN�ace a,R --r1 -c a --- a i 4� tom_ IPHU-- S I601,0sL6y o I'(-ht gr�s2 Li+te6 i�1 f+ Z& 2 "t l 2 '7°i ,ad�44✓94 'i iii pF6Zjgo i- ig LW b4 0-( -P�a2 -1-119-6- ; / , , , "fig 14q-yo'-b4 1i PA 6U,111 11 i 115 I<2 U I poi (30,a -ri i !. 2.c)I F ! - t L;,J MAO e- R0 S ,/ lar� i°ter �r3tR �nr4 f-rz Ia2 11?- Oz - 1�°�- .-� I iA'I b A- I�-Q 3!s poi - ° aotz t-o-ve- , `i' � )/0.-1,i .,,e.._at-tz-% !N i-rz-((7�_ 1!1 C.f E-- 0I✓ 11A3W— r , 30 2, n ne-ii"��d7 e .,.�a.� , •' , , �(Li,i Pail RI' C'�t- 1c9 of J3 (3pfR L1l,__bk 2-8012 ' r pa-06 I tv.- / Gam,. iJ IL-4_,R, i WI'P.►i f. CLcii1 rf r i go1.3 �(3122 i-A-Vii Z. P"u'D(2 / -, •f a xe 3126 1 ■ k N �0I-b4soA) ! U1 - 2 i,A14 2( A-{2-B012 -'V-n-C6 /4., . •I !1%;.f kal-14141- 3 91-1- 0/1) 1-20j :- 628,2R WY-6-w- , 101-P B00 -T1219-66 ' " ' 41 q V :1"1/4''''`'N" 1 FI-NNii nit will-Sod � r+f2_ R 0, one . � � 1i t_-i abA-mS 0I� h 5v(a 1.4W NZ 0 P —; ? # %/, /_i gym► �c �■ Do-rnA- !: (9 1' ao(� I_ 0 tr-Th- J o1a r'- = � 4 , 1,.., fc,",,,-.9 4V 6,-/6-e 3$O 1-0256"-2 K � �� c s7a�, � 4-c b g•-•T%-,(1-4. I C 4 n(5Fe-. i)5(/16/0 Hi t 4?hie, Guj,FHa*(7//(___ t,_ ___ a2_-Q- 3 ' c',O,'S n 11 S chime B n7 Pro We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ! ADDRESS 1 COMMUNITY SIGNATU'E 1 oz 3 i' T Z ,zoi oge K L4� U 03 1 4,-,�'-`-- ! ./ ,��'Z!" G i f s 8.81 Pl -D � ,i, t , k):41:E i_ _� f j� „fir, 74 I .4.4.ut,A S Li.,0 G .'>>7Yv 7�0 6 I -7/v , A „w', 1 1 f) . s C 5Q.A c>Y, `i v kb I l t .k tirZS�cam I 'ri i? /TIP :le,.-,_ 1 FLLV W fr. L Dr ,- L/6 L--1-) 91,,--.wt""-j -)t-k..(-1,4"j' p i o s,%g- P /TM /2_,_,,,,,,6„-- z r Lb' 1 (k fir, , f. , C i s , -, >>7i� ,! _ i/ is _ ( ) � Soso , J c� L/ i s7 , ...,„,,..„:' ' 1 ' 0 .P/14) / I ib. nik 6--vi , 12/77 1 0 kt frro , AY f ' il , W.L'L' 7.r ,�rA ° , 0 b I/ / ,)_,-)1_,..---'---7 i=ce IA^@J o\ , Q-`c G°. 0 �C-F .'ice ` Lim �l caw \-. k. Y ...,4 ‘,.......... ,- .4. ., j j I — i ■ j 31 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE r� Y i N ji Gi: 3t'2 11.A1>° -11-(w 1m /4'R0 R -1-44-cc- /21 Ay / r 3 u-7 . (.6 u1), 1-4144- bit, A Poi 77. t % )eib 5RLO/A/ 309ARaoR hR i4RRoiR iRAc4r r( to ATE doEAERa/N 30f RaoR/_A-ear-4, 14-RBoie 1c ic Gk ✓. .�Oc (e-- � 0/ d - .n � 0iT^ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE !rsrO 1 6d6 AZT 177M S-C HMI P1 )a6 Q/ ore J , . ■. / -DM' - roam .611111 4 60 •ri : 0( -1 i 4 4 / ' ems, J d "'L e-f" ,,11 • ice: ig I c),(%i / 0 i e. . 41,7/2--ce.--c__ -----71, <-e ‘.---- 0? 3C Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE ._ 0R0-1-/-1,-/ A)/c.iN o( S 1 /74o5" ,1 2608 i_.44 .-pp, Arei3c -77 RAce-- Q. ' , It CLY 6 ©'CI Iv Iv `cl'1"�j _J 4� f F l.. / / lrl _ �`��yL 1', l ,cx ,6:r- AO / '' _�,® ._ i° « - Fes/ 01At23c, cti .- SQS)ER go . ARdc. Ltivc= OR-. nRM -mil c ` / e,_ . k . ,1-4-01/ Cyr 'A C Vol f9 ' / �r1.z D &box:. Y cK ��, . W. o(, q C�0- (uiti \1 S6 � ��'7130-bvF_ J� It A- 1, 1) or— 'C{^._t-e-- 0124-Ctcl , d O 1116/2 egitivv.444,, d e 0-,v. i9(T W -1-C-Ac- ,ej,c,tte j_ 616 l.,A c AA,a--7- c-(A4l G'.,/5/ fJ 0c l,gA,,@4AKC' & I.24'7U iP TA(6 G,- `- .1"- I ; 1:".....f ./6.7..,4,----7- 4-14-a-ed .,ai,:/adi ‘5-e0 i6W,f--(31V7 -,±adit", -ek,_D ./jaall--) _,Zek,ILZ/Z. e F ti Rte-Of--v.(4 0.)c 7 Ai ,�;{'� ` tom._, i 2A CL '"Y. ;6•z , i_+f *4,42 6i/Pbed, ,s5i9.5 4/449k ,/(A- Dpi Ai 4/4-7s ./2, !?.,7 dr&P, vc,„ l ,. 3-5 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE MCANY fn () . � r (1.1 . . `-` ' _ _1/21_11 41- .e1,44:11AIV ►�• L�l' 418.0 ' ' '' L D2 Aie6 -rowf , ( _ n(la� arc+ 6pc..k'Pee. 1� arloo4 LAIC. _DJat arts e ,'. e, 1nw c4 ivii,,,9,7,4y, d17.PGif 70%.. J9iUo2 LKr pg. 4tWaie -TQ/i )n fzAe c J " _ - • AR vie. a- lee. 4•24G4 7-69-c1E' 14 • 3 ' t Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE dr — J 6 w .tip_ _ G / j. i l ( /J 'r --. ,e'r-Dexit-,,--. frn,u, A e06: 1--,-.13.0,- kAk-,6,-_ry,A--1,-, ,� B4-,. ,J E)9)N1 1 at t 6b 'o(D AR.fi b tr 1..frke. rte:3D . rk p e_ e /.. / /ate / SlO W K rjt�` 4 EI ,'id s. f 3 ) Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY r IGNATURE Z./i 0 4 6 /)ii 5 /o i!'-at) S1' r 1°C.,-1- • ®)U _ F I' 1 - . c/J-T✓,N7 A,V A -`"I 0,0 (/(4' l A atop : c N i to' 7q, , to,` "k Pc d e , -/, , ;, ) 4,,,,,,,' 4i n--/'}r�' c 0 , _)` �7cv)T? dJf - 2I ��C-N p O y-\ ems' )-e, ai, L 4_,,„ �) , r ry' i -, t 1A--S-. S C r iek& CI r 1 ! Y�.�;�/ (f 1.V Q- l! (-d(itA-e�G✓/"'-- 77 Cfli:(13_'? j2,,,ve-re-- A-,i2 zp4//15.--4)- . Pi, -7.-eR Pe)," c.?, ,/- A7--e..--;.--11L,..-4_,Aizi-e--\.____. 3\11 v/. l e w Y\ 26 le&A/ t6-enk i cu.')crvi c.) �� oak,) f , 1-c,--1,u Pat / �;C� Oro wet KLig Carl-0J 3:,0, l CL 1-�v11 dove `�c-1 e --� 012 - �krY1 . -(:0 W}C k g J C",, r r. am4 ';k ,a,-.63�'n ' tilf t A,-„, _24t4 -At. (-1( )< ti E U Y e,i 7 az D g ILA -i40Pa,, co,j 'l /0 ,,,,,,.-,. 2 .bc-N,,.)t a -66(« G._ 11,66 ( ,N(Ac c A L t � \(,fa N L o( ,„-- Ai eY 0 v r'0 78'©l vro, Celle'COO —r„w0014 04.7 0 Az.;�.,�. T--- GARY A. HERDER 730 MA sAlL PL UR Porgy CON,1E t J k'/' Y C. c5 ce,--i iv F-)7 iz arG7 irc�L- ,' , cw , e Alif :_..D�,i7 r /1/1,- Zue, eat)c/ ; ri Lac-i )i � P1/�- CIA/A, ,f( /�, '�k ►/tp--- - ///v."2/0 6, ith-.4LK5 /Z3 35:le,y" r;Ag.P,A)tc,if"7-t„-L /4-.‘Z.i)-m=) (_.c= c)41-, z:-/-71-k.-,- L 4 Ae..../ ,9 p vb e s^l ., Woo- 0-7 carv1-l; /ti- 712) T v l. 5-Aa oil _ed-.khr, � � G� 7(anc�-iz6, pt—C1g /4''MA}C'v S14 3S Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. 1111.11MMIMMINNIM -77d/Lkol u R1,0._ it Aut4_12e,o: , NAME ADDRESS COMMUNITY SIGNATURE bJ :A'1 elf,i,-;co 834 LArotill ,--rf�,, , rp, C. e (t >? 61-e c a J u"(t.oc:z. ?St) 'TO Vh oP Cou, C.C/1 c.),l C.s�l.,. `n��#�]i --`�o,. C.( , --; WI( • ,4.(lopoc= Y 7 Cc TA-edex CosE c " Jr L » (ketzWey II u /7 mni {2 7c c ,2'6/ e ,v0 4r t " '/ 'o, ./ � / �� t� L1lC f2 i� ��'�°� C G'we-AS irMAIFFAM 1 Z' a5zel,e4 .,, 7 cf 5/ -,,47_,„..y4e -,,,,MIEMBEINIMIla, 44 i602_ 25'coUE `vw e l.)fL co 0 E Q0-- ' a `r ( 1 eviler) r • - i �IIMIMI�, �►�� l � _ _ �� ,/,_,...- _,� iii/. i e a v2 , �� 0 l j 1 i 6 ,p A U c( n' 1. cwzd g/W .a r 6 0 doe Ncw> / 7zo 72. pow a-,, I., / t . _`, ,: e 4 v L . C obl6 A f �L �� floc & A CL -0 •e 7a7-0 (;r �1A- Go 11“104 C c>r/L.- ,,�� • f • �!'�1 CIL Lt _■.' 0 0 1 —(V10- 6 .47-MirArt MA I t3d t)/ M ii IY0,5 720--ry'ro CCt pp 1-14 RPON. c.ov ' `'t 0i- Mall °5 7),0 '1 ka,Q Po o co6 pp a-/i2b l e O r 39 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY ,/SI 'E p I2Oc1h ' � avC0 c es /'`1C�'YYIS�-i (f/ )' pdh �( Dci ,1 F-- A 'Nth� �?1 f c � oR—l�, /O 4' D/Q') Ga�i 5 : 4 � PO 1lJ �rJ(/� !1 � � �.�/; • �Gf��Er.: -b Z 5 j-r..\o2 7 i■ -iiJ rL. n ( PcrS c,o J& .■ , ,....&j, ,..../ . '.. . I�r c1tayr _ W vvikt 86' car, t .� a i rc. e f b 3 , •.vie .d,.� k. CJ, //ejj%eaLC- � c t j/k-A2 ez ,,, i 41 _6'lr'� % ,�1�..f1'�r� r,7.r1� weL%(.� r%�I�cOi 1, it? cc. �. �/4;054 a P. ,9gt oil 1 / r .4479/ -;, )'—e e- 4 t J dT i ho S,Ci(f ,0/1/4 6- t ,74,4* % I 4/ /yr 4 1,14,.% ;1./92 ' A Qii9 Ac“ f��a0_0 b/ U 'bu. mi 9�;3'� C'a PIA eiv,i0 -'/9- Po,v a ye /g- - - jfl 1 i _t,, Y�- /etc Ey1 6 ' 1 4;K)rJ Gr1,1 4,l<o s A- L c 2 HAr rte° 'l`l,.t c_ Pi-, i'tti e.v,„,3 Ce)a5 L-_ �* `:r, 4 01, SILQ4 itg, <Vc- 'P4-0[4, (LT). , , '' _Jo ./9 %,.°Ali..-2‘,. \'.■.-4, . _,`-- ,. 11 a r c�/-,d 1 e r 77 Molar-ar-_ Y P • f /111 A4 ,-x, a .(zyz _, Day(P --519,-1Pb6re-- & 77 pi/wills-1k -ft-. -[fig-i-i Af Coil L ((114Q--267- / ----- b,4-tif c l--e 1ih /7 7 y0 , �1 064,0 -l r- - L 01-x:\\49,___,___--- � 0 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th.day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. - NAME ADDRESS COMMUNITY 4 c,t (Al ace `C2 C o ) L- PSIGNATUai Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. Asit,_ NAME ADDRESS COMMUNITY SIGN URE Ai .�,r; illy l_., . tJ o B� '� r ,r L, i f' � , 73 X14- 'C-t z i, 0 iL- i ,; 2` ,. � f s , 7s-1-3 - j/i 1/' ///z /I irn,ze` fo l 1 I 1 ktr '� t 1161„ /-( -- 1-1,) Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE g 2 g i cit' o �� 7 �� o V v/wI i n.7c-rn ron 86 7 �ctfrir;i;jeers 73,70.? °d��N.�ai C,' i '1 ; 6\ �� l" �"�+� O° v` �� V \ V��tC.'.�`�G` aVl.�� +Cia'G• Cr," 7 110SAI `1;-AcP0A -v / 7e3-- Lgc ury ,5. I -� III . ,�� - t.. l L '3 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY S.IGNATU-E 1,. QU ,T . M s4 C2cF\ o _ as (DIAL � ►� '. 1. --•\f&-- ) 1...•/ " �'vt N 1 04)3 UO 1 c L_ r 4.` _ J 'ilq 14 ..1 l) 1 e■ ��U i �?Q �-e-` 0 tti'��.' , �3 a -'' X51, •:`�� ,Li -f��ti! � �� ,,,;-..,- / ./. 1 / li. ,_.:? L.e.,e ,e1.,0-z, - ,}._ 4(1(s' li /-, ,/,-, __,- 4/ ,,,,/ / -- ' ,1 , 44.,...„(z-- 7,,,`v ,chi / to l I, d/4 i,A(4 4i G t_ Y7 re06. 7-61)1'27 r ,�\ , (, l=r ;(4/69- fit. a vf' Pill ,..,/ Tco&N (1' \' Hr-1.\\,..-../, . 7k-, (t..- Lc,,,,,tr,_ ,L.,, . ,,,, &-s.,,,,,,,i,f ,,,, c,__...\ ...,1...-1,-rt,,,,,. ,..,_ , �`v1 � �r � jam/ J iv tiLcloCrt taiAl \ ( NjoN1 c o Cove '('o0v ,� : ' - M1 t ibO3- �/\ j) c )/ /I f ' 1�/ h1 Y`i,sf ceVC I UiZ n,o). /v fu i eCc� ,,% --•-raisp. . --�-re , „ ,,c", , LqS (5,Thr Pr`/O ._ c b E,.� 7°�,,/�rs d i ii, I (yJt /6)i („'(Gr1'l ` e Co Vn�. r c�izr /rT 7,-..:,,,,, 4' -=ti17.7ipt , cow_ &ti.S�I,J P &1 rJi e. 4X55 tx--Thdi �,c2cz e'.ti vg- ` They-rLs' 4a-e/Le S+- f)7 •----- - ----1) ,+-C, 4 i.- -_,Mr_kii tic', i( i v ge ( I (1 6ri___,.,, ,„...„,,,y, 2 r:„.0-1/ce„,_ 4,.,,,,,,, ,i. 4 ‘ C(v.it, 4v.t.vq" -Val 03\/\$.9 40L—ie."81fI Al1oar e- 44 e-‘?°‘'`I e ?-:I?az .`tea ,r- /fi Litt Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE rte . –Cis-t- -- --_.■ v,6�- J 0 y fir% ° n� %cue 'z` � 0 1.,..1 kg M 7,__0 k Lties c-_, C-/".R To.,,, vir's al c,r0-3 --,- -sr ' Mak WIIIMMIlimil, _. 0 -.0,N,--- 141, _ 1-Epas,. , atA, ,, . Mil 1. 40 fn ,K CL.A ry 6,-':,,-5-E- -rocs' - / - C I C�;�s �- tom_`---5 I� 1 I'P�G1� �Q cibvt y'cf feI`� ro�+ g ��.1�►• "�.'"°°�®_ .4 JeiLvt r ,, • yr csz.9 e . gi �-mr ■ A- �---�°� / c- boy<�— 12r i°,,,,7Di �' :<Pi' vi° e"3 ' •Z ii•-k r ,-7-Tr A-TV 4,44 R " F.P7w,,,_ "I' ' LIPIMMIIIMIVEIMII _. ._ Lea,3 ., a. L r 411'5 aye, Caster)); , 1•-v /5iveft L ` i 9 CC fi C' 3 T 17 A , , ovlkfa L ` ,0 6ot it 'f Pei �C�c 1‘ � �—,„/„. ,,,,,„_, ra-E-f. ,) . he-ila IS i / e , / , co-" Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE g4, f',16 LA ,4.,-1 9 4C '4sv loidv D c // OtJ, 3 CE i �i 0C�YA �.,.�a J o.r 1.(A. \ ifie(L__ LilG C 0 J s d 0 40111tei- /Li 0 M--- _4', 1 , A -If I( 011MIEWINI , 445 Cove 1 r,wr - Or ail C§I of ')c.nl6-ve 3 WOO , 5 �� :e- d,,-i‘C4 q Cy '.T i►i ` ,_ a �0 • ',AS' IV- r' ,! I )C}-I4,0 7 /CW 11 " "16. 1 11 c? ,A/ >'� P'u L O'Cdhtic.it yy C0 �1fs /r Co ,o a{ ,....,)„, ea,: 4-44i--do„ , L „......__, z/16- eooe„664_6A) ,zi A, Uovc, fo.,w-erui 1 -' Hicti-ACI, un-co..criNo tiV5Geue towers b Co) -64 7-,-,,tk.,7,,,,,a,„,_, 11" , ,__ tie %oh, I, _ �� 5- /2 `2(SC,,v`T , dr-k6'1 p jv / I rya" -i/l / it y II I) I r 16 c -- p 4 _ei t` • r ,----(4‘ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. N' E ADDRESS COMMUNITY r S G ATi'E "tot c kJ 4494.7- 43c co ve-v „ 1 k .L t...." A .6-.6-6 I 1- '777/0 _ILALIA.,r 2 5-5- A- • I ,�i. • - �1 fi S2(5 / 41114-,--1- L1 FV c ,c h a r,m6, F-'p!.�,1 a pup Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. I NAME I ADDRESS ., I COMMUNITY 1 , SIGNATURE \ Oil( 01- I4/ ( . rr i s " -` je '; - �•► 1 a i r _ . uCII,6 gs�GEMG- -1 a ..4 Grit ; E`&4/ 0 �_� `% I— u�c s N . 1 4,,,nq 1 koo �..,Aro. ak.? COY. LdhIr0 �✓ct , . °T ' f I// 13a ! ' -1� .�� jl ' J- VL..� i ri41,_, p L. WiLlittAq'N-Ektiaaa OAYOR-11 C-Pexki) FAY /1/4) . - -4°.-,- ' I 11 f} G 6c-ll� L � E�hLt �' 1 � C- ��2.�Ct 134- I .� --;(2.,44.- '...4k. .� �_ V �-s kill ! V. - ,, 1 reft`O ( I, (&J1-zc,c-' 3O 0. 1,13 ' - , 1 1 teriJ A la► r 101 `,117z..i. 0 ) ill- 6mlar°41041 gae S-1.' e-i-3) EL: a 6e- It"'Li" iti - , . p- I g ii-e_eArt D asto it.,[ vvvzfratk i,,,,Act,r.,kli___ Evvu,viout 64) c,,c.cfri c)-7,-y-- 1 ,„1 I z(Tvi_ 713ev-kio 1_3 ,./.# ci ;. _ dA ici. t-iSte_r _LL_Rey___J Z5e,—L, '1/4 1 ril- ei-cAt 1<er--,-------, --' 1 6,41C11/(‘P‘ v e(- °1 -'in,e1/2 _2 b 8 4,1 ,.= ierd.'''- .-2 I . 1t�1 ,�°izta k - , ,G. &lam j f 9 -5,-,e/ Lee/a,'" I i -,_ et.. /, _ hi Ct . / e- kft��edl ..err ._,_/ 4....., _ , ,, id t 1 ivt .*' , . ) \ U /' te,LL // - ` ,e�.� K� 3 3 0 -g d ' 16k 2— c >,. ..-. wri• ei o Ai , I , 1,44...elifu_z_,% cf-i_ / f,4 i 1 ..., _ L(i • G r c o h c h 4 Bad;; pu0 ' ti ,i n We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. � �g NAL ADDRESS I COMMUNITY ,j±f M 'URE . MSP;e44.6v- I o72-1)..2 . - ALMIBMIMIM ilfito-'w - I raigg41 e, . 1 '7?t-I e )9 L ' 1' A( iraillailidi;* u t`(ign 4, , i e-v" 4 . �`r I !64- 14- ks74- I1 � iod5' L. ! &, 8,9 , d 22,d. 4/vemopy £ r/! / //' 3 3,F tili,I Qt¢4v ay e:e. 64-444e) 13r51-41, /1/4,43- i re' (I ' ---/' ' ! , ~ Lr r3-1 Q c � 6. 'ylAe caci c 1. Ece)A_______, i 'Ara ti f`c.` 2►° ' l' '3 d ° I <� ef; 1 ` et ;i �A .rll l ' 1 4 a. , 1 cc y ' ,-,C A. - 4IN )7"Illiw \ r -ter 18, 7 It /` LL � � f� i-A!'A-" chi C2P1i ,, J 7 `7 . L9.reef -0 g,,,;(1/(A I '12 C. n 'h X-- _;y/to , 'j..',D2--, i _ d r ‘541j 44 11 . !14g tint, . 4 .CI( dfLecLa I `i.A ,4 * /„„ 72 a? G /1, iii4 ,` P . i r -4"r”Al _ Ci N T,e.,, [/ Y t 6 vL-�� v t 4.-.. gR( I I-44 Z�t---%-4--I-`---L.—` 1` t If TT1J PiOit 4/O tjpl�Y�4 L D w U /1 ! � ci) L1 C co1l c h `' Fia y, PUD F dtion We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME I ADDRESS I COMMUNITY I SIGNATURE a A AAPIAIMWIlti/rMill , . ,MnMI- r—. -. -1.---•...Mzril --:. - fe4Alet S vr,i 'e/6 me•P.Alai y C.:4A- /rc°a.ak, s: ��ri { .$ /. 1 /o, •' 1,37 6 E,1c�a-ca/S� 0. 4, Soy s�'o ,__ , ,,,,,tif c61-,/70 1357 1 ,,r7-A /r-44-. , 1 -■ialiPilile",- --..._-.air '.._ cCc - ' ,3`' f- � ei rtr 1T �j Cv�rC� . t u._ s l Cr / I c--:---- /4%.,-... CI-17 g lint-24,74D/3421(igt1/7- P 7 / ' c• ''' 1 1 /6 0 161-z,, 4 c9-e#. 1LSell / ( de k- �p\ f b ] ti L. �'��6\n t; ,.?6:'4('-rn p-LJ .k Q A 6-rer2, 4,I,B, ~OIL, effii; Of j l' 1 0 I I , OA> ,3cti, &ILI cYcP &uilau, t (1 \-- , =`4,,../. 1-flq &=-14A.9,i-1,12cLi A (Cti Via?l)\AFA&f,a7 '110, 0 * I. 1 i I A e A' 0,1 91 e'lle ? /4Il ., /r4: eille---ge e'>1114 ' fil:42t.fr-41(1_,Lae..,40::: _...4 1 4'" ° alli I - N , . io tit,6 6'I�- Jt-Mi-t, I ii`, ' ,; Pill - er/ _ t v f� 1�,,,,,, v',e,„,4„,is / -/"?ems Lo or),y n, Ra ��`”-----2r 4ip 6.4 i l�r-- - , I I 1 I To CoGohLo:;he6 Hay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME I ADDRESS I COMMUNITY I SIGNATURE i��t 1I'3�. 318 Zt`1e.I.PL-a) i i.w A�1 R.& 1A R I'ArtY ct R c.La t Nei PLa 3 1-11, E H F.P.A L-. iD e r 0..„,„ .. "-d-l- rfa.4fFfd atwo*,-vt I I I wt�elrr ef„� 7J? r+'��S L u frM wJ 5 j '1-7' ! ry7 43,a14,-----__ +^., R, F/at Wtr-er f+rPLt6 .4-.-.-_ u cirrlt ;er 1 6/W,e.v-41 c/ i3 /64,-, r°° 11 r ..� f"s� A(ALE:4 E I y:3 ti( &]'ii'(-1 d a ,BA e,e I ----- .1 ./i4c- LADjia r� 'K 1"L 3S) eiMi' O ' ('11 1 'd . - f t i __ rift. 0 61► _ ' •L. f f e - ILA LII M,' if / _ �Mr C6 0- G uc((GF'r 30� 2,0�reo7-�C7 e4-'y e'4, (E WI�rZ (-rte.P '� i111//�// "". -` L-7/04/ c (3-6 Z rkti,r d f!ci, Gam'' --Vi/ �.( ,6a y /f ie � G, n.=a i J l/ , _ -14- -. _ / . I. 5- 61,',.„,& _ e a- �- d _ 4,,,,, -A.-„..ti.- ' ` 1 7 V K,"1-e-et-a.:'(C,• / /7,r-e C--(1 //j� ,r (� A,, �yyJ J C9 / L/�!�i ezi-7 a/ ;. /,-, /C.� �%�I” , /. �1 le e'--N-'e' ( b” (/ ale- Caz(`, 1 )iki -GD -, IMMO. (4Ke N k:!i.u J t/i.F Ni CCI 4 Y v E.t,,z t7 A c p f3 plY ,t 1 Co 'J/ VS J-1(11 ' a A Ph 1_2) 0 I% 01-V c --.(-I &I/3 / ) .4/if 4/6A) - 1/ ,L3 ' � h „.4., 61 L 6, ei-1,-,)---e (vd7,--„,,+L ge.-:,. 6,,,,,,J_,A a le-i- f://1,(7.„ 1 ez,... 49,,,,;-:?,,,4,__., 1-I Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE /4y4 13 1 Tz_ eNr fi (Ay Ci2. V►ua c o 0m ,C;c �' L I61, rd i otc AGA. 351 dviajzitQ ity# « - 6iivve 5 Sch441 62,1e iun c-c, d tZ z 2�"�u"� f3`.�1,� � s �,u� IC 0 A. S-02— 7S Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE LO 6 ). d4/� Z 53o 4�P�x j(c'k /y's�� l <11-01 ‘57 7 Id so ,,-/s -o fi f' /0)4 11//x// f! ir'` M--die ,, s,, I ' 5:0 Ark a j _) Aa.n' ��, Alt 1 /Va „e -- t-TAi/ r)-171/ � ii_kix. yam IA 40-5 6e-1/7/2-ysi-dii-i l q 0 r.f Oldie9 y v5-bs i d -Y4,fe 4,5-r),5 , 4/A/P . f * Nr(1)0 _Dielkv //5-62).. 45-615 iti Lie 41! / ,,,,,,/),,/ /fedi,, a ( A ,, .11,1,,19 I .-, ...:Inir -'''AI N it s .,4 ,/ / % f'/.. .�s° e/ CAI)p` • 4./41,1 e gait.iii.ei4� P 060 ScI?cc�aev l� 5 6 S- P -Tok- l %O' Fw0 P aowkleei tUtti")- r '-% (cart feu-' 1∎4 4 S 2-4-•I Inc( (u1U / / PI-11\J p' c)orse?A ANA- ivs-yo 2.e.,:) Fo V 'R tki n 1-1A\G C t ) gc .-- uN �, t�P I 4 , �4111A. SCIAG&Y Q 0,--f 4451 5 G°- x d v vN �` -n 7 "� I- sck ` „\ iC 2 0.- _.,,,,,,,„ or ,-1, lio..4y,,,,,,,,,,,„ -re,7i) w --,,,,r/- , ,7' , . sc73 ti _. Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. V- ` ry�,��TT NAME ADDRESS COMMUNITY SIG■. AT 1. I. IL N ,A IV k ,it 57- 92os- °�; 4 40/(-/ - ,-- MIII Ow 6 I c5S lov\V k.Un, inter 4, _i i _, 1 , .4, 0 7 2- A_1: .4_,-; 4 7_,.W;Mir"IWA0 1 /l i � �A 1! `.rte �.r� ci6 / ;a .Q i � L lt K of /1 70-7 .- ,:e. 1 IP,�� ._ ivy (---,' illir ),1 i L t '''' ‘-‘ '''' 1-/e r (■(-0 La As-- tzit—e-<- ,/, die.i P..4 '....C-z.L.A_ L_ �' / { `' " " A L, `-8E)0trAsfe) � /P' v . D + 1 l Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE Sea Loth i"157,5- # 2 . . Rte.) " era" ■ F4 Ti, (-e% / 5 J 5 - ' '. F,0 i . . &t,,;.,_ AdiA f� ,r1111121: , Al A 1 . 0-C- lib` ., ' - -5- - k I b 11111YMMail i _., . — - -u -__/d--- -7-- -7-17----7 1 7 7 , let/ .r. (7e e ,e. /l o r a Y X51 / � e-LI,r 7- / F / 1 l � i 0 .1 sky /0-37i / _ ' 1 / K--.4z ,4441//e-� ,.-5' Di' ` '40'41, r° SM ,' . -� k -71z -1 _si\-.1 r '0 cli"Et t D• , ® r., +Q) >,o v. a 2 i, 2 • 0 * I — 0 4.• 1 N s, ' =In 0 C 0 D 1 ,i ,,t,_i ii,,,4 Nis) A) a) C V O % 4. 141-1. ..g. 15 -6 co co:/a 0 1.-_-_: ' 'II , . k t 2 .11§a. C 44 t) 1 .: 2 0 o� � -.. 0 = 2 -•. cl, a. O CM 2 J L a U i q .4. 0)>+ _.;...' \sc -a% CO +m C •- �(D 1.�1.:-.:. 1 4 O 75. o E .os 0) o • ooEO c � 1 o c ._ 0ca 0 � w , ; t'l. to t0 V 1< a: o o 0.. m U o � � � La .0 = q , t,,„,, 0. 4) 0 ,� q,? 'ai) ,, , a) te° P. .8) 21 0 %.4. _7„ , I iii co co c co '6E asp �.A, .c -0 — ..c co w 4-. 2 -7.) 4 ..A) F. = t1) c fi Q Q O ° -4 -c 33 &) g 0°- ti .... t ,. ck 44 ,._291 qiej.i.lipt VI) < .n 3 ci I -1_1___ c‘ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. Al {'e—NAME ADDRESS COMMUNITY SIGNATURE •A 1 V L C�// L%,,, a21 i "J .s. i. D,n e / .�% ��./ ji` i i - `. ,A w d v' t 3 61 S - c tEc,,t i__7 74r A , r ,4 Air -Ar 6'_/. �' . 1 . (-Mv /, „ .1 et_ I, ' d' f/' b. Ar7 'P _; i 67' _ 'cz6'If4 0 /- C-26--- LA o 6. c7 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE JIVE K o Q P 3 n p E I ()Luz g l6esS Lt d ! C� -i-S a s - � btu 4/11.,.'l , �► e.r,J . / ,�72 E& 1/ S �av� ,AFL Ce i( •.� ,j, 11. a . E old 114 su 11 i'_,,./.LIL �, r�y �' `fps. colic to sU�r ��l j` I c` Lv L/ l.62, itak-A-0. 412grc cfcZedoaei;ifirr' v e ,ha, 5- rigqi Cl xi sr CO n tY, f( r ..- igt/A 6/9,- " khoo I I, - --/ AL,/ a, 1, thicdoi 1 — Is ‘,‘,.......-- 0 PT,17,4$41 17,), sv____,-1..),41.i.-A-4-AD it.55-_ __4_ IP_//AL,f____AAI 4411 (4)4,'z wly/i-mss Y S C` e'd,-)L. ialue-7X6 `( ; . f ,, r I I R . ■ \k/4K) AC*L A)9Nib 14 LSTC6vao-Lwat h . I \ U ° D M A(z (V.L Li 4,641 c/ss-6,0 - , ` i' e Pt Gam,._ 6019)-t- `i-' & z 4./ t t iK / IiirA 61-teAn. 4 5.1-Li h 7'1'404- " lil 1 i i _„ ir 45k Lr—l7 45s- C. \/z f)�- �1, . Wl J ' j Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY 4.IGNATURE /e0 o1 ' ilea ikk7J7/ aler11//1/• S.o ifizill roi.J.74,11 ; .\�.\\G c %( u -sz "1� UC `FS�'1 l0 T G\,0 �a \ - /lark/760 / )5--G,X /fii, c7--' //61/1 /. � 1 <' .C7 ( , ,) �� A 1 ` 1W4a � 11 ___Ay.„..„.A__,_ 1 1, (k tc D--70 ,t e__ ()ix - 1 v ‘( « 7at_ &. ,Ia , c L(.S/4,/,',1 Z(=o/ I (c (( ,. - _.----:, - \ ---c- _iiii Lb ix'Ai C- - /7/—i/ - /e) 42_ci, ,-'61 0,—& Ili Q 1 �,- ' 7 ,-.. l d 7/ - (--X ' .!Rvapc- Lt- u1 1' i 607 VI EIM ( fri 47_0 ripf,A-0- --7,-4 9,7#.7 0,, e "'" _-hC..--i '. I''.. 11 i - ' ‘ 7�� i c('�F c. -;c ez ,c ' c U 1 cej Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE -Ar . 1113/: r , I-' . e. 10� % /e� exC. id . c- Egtiet.,,>074- VVo fl"">91 4 i1/f r-e-° i'goe„_ 0 J, f7e-Lt 5,-vc:i FIr. -5-6,- ea#f7 A/ ;r L'4 �=T ti9li TTY: 1 OVA4- Ik H.S/SC'iayPO poly%R , /_.fj A,/ /' ,r ,.4. .- ° ,rJ Jen i-1,�/ fed v- 4/k� l 4-51 S &ex yFcAtc. ./ /- 4/,V r-r / T.- z`z 7/1/4 I ��a7 \-)11/4".-.5 RL I (t--`/-�61, ir, R A// 0 e_ c” ,Pi% /vim /".4"/ '`f..5'� )( 1,v/v p . v/,, .L/ i r 0 6/4P 44-4/C04 /Xik-- i lrY5.6.5 "C&F-c-) isk.-/ 1:::7C-Uft FrAMILA.fr iihr/‘' 0 '', Ili -,-- , p ''1/1/015>MC i` ' 1'/•3 s; to/F- /2 p l f M , . ./.1d _ I t .,,,siii f ' • '0' 1'- I- a 1 P ,F t,/1/P WiNfiriPt .. +�.� ' - _ ► 1_°d Lt4- F---1)... INFIIEWilell 4 101, 1, 1era r46 1(46.-50 Fo\I 20 c� � !/ y ,b 4-,,r, - :A.,W_,___ /11:13o -K219x/e t,/ -01 Ivy VA f4-7 FM 7100 t-e,:.__ - Prw.--,,Talm „,,,,,,,,Afe,, iv.,5-.,-,? ,d./2 ,,,„ ,-,----,,,,,v, ,,,,_ ,, , . , 0. ,1� et //�- J. , ,,�;� iv PP' ,?..47,_ 641 c_. a 44 6i1L /' FAIoo F Ai P ' 'Zit 6'. i .i A _ ' A Co Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE 14 A , SurtL¢FLt s rt't5'c 14-06,6 l wWa, j61 4 f" ar1-7tf9-JY‘NoirTv-Ac Qi(,esi W. (&(. 1 M .�. Q l ' >: foe 1r h - -ay dv . 1 ,,ate,/¢ e .271(I/ /r ‘ / '' G 1 Cocohatchee Bay PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County Florida (the "County")and Lodge Abbott Associates, LLC("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. ?X ‘4_1, .,--4,---5AV /6/O NAME ADDRESS / ,� COMMU TY SIGNATURE �j O. \1\ -\---_ ->\-z.-6,0,sk r (---) ...7.....„,. .r. ----cprt\ci ,,. , . P( c 4" /Po WANE.° , h P. 6-iz P' ea-/-1(1: , "004- 'PE Y fte,?///:,,,,,, ,,,,- fiTYC //A/,,t/f/e-t,;-- BriAB14 wc f\)0t. -.4 Mlle_ _ L le-e-___ 6 arb CCM- - l'-Cd.2 PIYL, li,iv4,,, --)C-7/ , II oueo- 77717: -[1;6') (JK PI )/(1, . 6Live& s � PE/Z--)c_ iJ n) s ? i--Ye._ .! / ,emu . ,,> >_ _.__ d+ �L '! MOJAU P5L1c M1 t-�iAs f s. f e ToLd � r ioc n Pfi one)- kill, ;ck ,Pf U6 . ,/.� 1/,_____ /� /U,J _ 1,/,711R-A. Igo` C -SOLjO(A).e...- COUfrk&I-C-Ckl-05 Yitil/L----- ✓e- OZJ ,,)S'Car P/ Y C 0 A/ril 7'''' . D 1 1 i j ao RELj %A. i.iLL [ U,j / 0/ TA-A/E C. (1,0At..q umiLL RuV 7 ice . II et„,..4.,,e, , NJ 6 .91- Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE ' ,g, ,, , C,,,vq 11 i K'e eir-- fe)1 I Cfi )--- --- --_SI*e.' 1 1 'C , t" etnt /.j am , __. (1.19--Q/ / '` �} � � I ��t vc�j7�vc J�°zQq(��. � �., �.-��s-�-J�. / /• C/v`"LA 3vsci f T,-(r,_ j )177,L-- 4e; l(', .l (/e),..r�a�r /-/ C� .9e c�iA / VIIMINE, 111 !�� _ L • ;�brc`e.�C�� -rte • " 047e/- ✓ �-4/'-F�7 �,,�- 2- _ - - y �j` (t 1 1 6 ,,- /ma 1, A \ - �QCC.Ii i _ :i- 11 , G� -. 24 A 441 J4 Mt i / ` ,16- ilegde Or P/ L/Cs. Liu,. .�. ) r v _,,Age,c-.//, -- 9276— _ - 6r- D 11121ffillillWarM", „ _ 46 4)Ai.lc- //� 1�0,�✓/7� UCy6i�7 h��irlrr�� '�, r)F - - /r4, 7' *-IniM ' p p1- mo c a al- Ai l e FL �%/ � i 6 3 Cocohatchee Bay, PIM Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE 1 ` kit7i -) CL/Q,"..0,,,,,,, 1G � a- r�' ` ' cY - 1.ra - -c�k. 35� EA4- yzAi-- ''�,e Cat V'e1. . g �A,-. '6.6-.4 ' 4_.4111 , - PrA131?-6 iA--// E .1.a2ct.h. C�,.t1, E 1-) .k& t ,� 1 �-c� --- ; A l /s ,-�f/j�xC`/,4 (�l' c �,� „ii g/ i-iti;ki) 4 ,„ e; 357 c Aga e 6te (?)t -{�A-4-(-- ..-LI') •-p ,.GGA I . 76 -S ,47 tu-,c 7`-2- -4-„_ (___2e--A---L4,4 /----;:et---7) ------Af_, 4 e/ ',/ /.i , _, O'er/ / . 4IS----S-- ;1:A,._, ., 016° J, 2, - _.A..) _ ,;:e> / _;__...i ild --"igo'g a.'''gtva-/7 7/. --?)-.4,./. Ot 4 .Ate iiii1WM111 Leak r t '- e-c, o eh- t_xr i& / i 4.12Lcli.3 1.2_6.• #11/' '`� Y Ls ' uj`„„,,,f o er )rf1:5.� V / --2iVA---v.v- - ).Y)ir\'I e_ \\.,i g �l /�--1-- / �d evo ci 1,v113✓�9 A -[O2, ei/W /d UL i IL It �� c, Y' � ci ok f1 S cYl 14°2- rineerA ici 13&,Y v' 1 C A 4 ' -41 r&) c,tieAi 4.13 fs4w d, \ 4 , . cam,-. . ' C! Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY S±,GNATURE i , ' ` /4577Y - �� 3D / JJOWeD eemft- eaev ,e I . 9o.4 pry C - /leis, iI ♦, gf44LIC �Sib. (3/d�" (7/9-,v4) �ZBi, , irtztp_,T) 1--.,,,c5t 32 c)---CTET-02.71-11-el-- e::-:-.DE.x\ e..)r -rii-lz /SA Y '763 iy----er---(6‘ k---- 94M CJCn1ciCLb /eoJ ,42$„t Li ° J2 f12Sat 74,cf D 4(4;6/2/74/fr 3 a/ 1 , /lei. , ; l ; G / - i � t i(4) /LS 6ia tirgcZ r2 J27 CAC-1'W?)z,? f�l�r cig U- CeJ� -0 / , , „, 1 i tk, t._,S o✓ /16 4rkar l.sscc u -er o 4,4- OI, -..,k•__W___ &e,, ,- r,„al 7,"f „, _// „ jd� 1450fo 669 / = t(2 imp t ;� ' I' - 1 grf "( 6tAA, Lfrtc(tt:cA e:av i lieffek, —oey' gekl3te Dr e-i-ett. 04, iliegogr P,7 ZI---ii- ” A4 `° r 1 .4 '/- /'- =,4l ,,-7 :�Z P'2 -)7A `- 6 -S Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE 6ec -e ,:-F )4/61; EN T' t ��/ IV Pre'�..J � / �' r �l y��'�°fQl l I!t�V Y fJf��S�V I'"j'`� �� /``°► `3 4.di A!w+ le S �- 311 i o W Zerw /Y57.5-- Fox 5i? F lam✓riJi° 4'//LEE l 1?JAEe/ ,€ ]/yS3o A b F e Rum#r trw FC,J,v/ n ' iv/ ' ( I • ,d 16(411 ` 1t=W4 � I. EIME r1 ..07 /dilb2- cJ 1/ LU 7/2,1 . / 12,1/)-0-70(e, / t/ �G ; /ALL/14)4 '- ' - f' Ber_fri 14\etc(• es I L[ 3 0 �� ec„,_ �� ( <<�, Rit j_, u /d-I<S/ C?re u,G � t ? /tin- e-r /) r✓c .. � Sacco etc ,�� I�G ac y (v),stn,':rte i�/�Lc�� c,.�; � jot„ I 0 C;k 1 S 15 6 rc y Fri Ake r Fall,' h. / l/lese ef-6,64, / 4. :alb PI `ii' ..jr ;: . . , �4 1?ei./'� i Wee , ids' ‘' Cocohatchee Bay) PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE , ,f_ , t, - ilj lie!:' 11-Z415' 6P...0 ilierE:s' 6 i_, , h) ED-Ew le,__ LL. . - r 1 t i i,k,40 7 7 C 77 ft1litr SAr c fL 1-4(.(1-36 fi? Ccct/L Imo. a/A--., `o, ,0 tl§9 Pd“), S4 of D L-Le, 6077 (�1/q- 1 t sa r r Pi t �---C9 v C' ,., r.--��1 - C .-/1/411761, -om A-lra;- 731 , � ..- y, 6fi a.. 3 d'„„-,441.4 ,..,-- r ■ a v 0 .0 13 05 L)c - e 11 I- r 1111n101111 �,9...,a /-.L..„a ..\1 m J), 0.-0„, c., _._ 13.,05 o,,,,J.e.A.14- o ,-;locup,,,,.--,7),,,, c{0\9 ' i yt- AMI, ? r..I mss, (4- 4 C - i 3 AO S iial 4,- Pt -7/�� L 3;U . , :�/, ,I," S 0.A. 1 G' . (`.' f - — — :Ai-) ; )Ai: .... ‘R, ' C, :el..... / i Zj�s" - 1►_r ■ _et,., : , V,_,./;,7,,,,,, g-i-i„.19_,,t_z-,_J6/ z..' 7. 1 i 0-0-1,--jr)�.a.s�`Ji� �tA/�i.._ i q i c �C 4 z Z °' `I /Vll yks�.,c N.. i'6 '-)5 L Ng.Es&c32 Cc• 0 ,4b1 l Oil/( . II/ X0,1 J. ' O I !�r j ii. a 'At'' , 1 i/'�J�i� , 1. i ellirec ,fr-1- •-•1' '-',,,-1' --- (3hit ,- '' ''' ''''' '(4 0 c Fr 7/3Ccu-,Jc._\(13,•2,t C?,-d,... • rr CC a 7 i�� .. 1'? .ra • -- -< ,-- a'p— Co \i e_ (/`i _�' + JJ e-N e c 7z k 21)1,9/21,4' .cRety 1 le_._);iiiijelacj2x1 i -_---14,4Adt_p_,, 124"-Le--1"-- r re h ear-it_ i -....: -111); . f , 1-7 0 241"q71-4A-' At 1 j. d 1 6 r ) Cocohatehee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SGNATURE N IIIMEMPOMMINMEMMINNEINgil.__/- _,, ,c\-\e `ta • I_ -RNIMINANIMMEIMMEIZEIVAM-------Milal 9 Y ,,t „ , IWAYAMMIN / I /4 /0 5- l y'(tf 1 L! --_- ' .a. r.� A !i e / INIERMAINNEMIO A • iVt ;$1 /1' I Pt. MOM" =MR Al 4( • INIMIMEMA t\ c )=---, 4MEMMElltrAW /A de-tgi VIIIMMIllagglEMEMEWAMired 6 ) Cocohatchee Bay KID Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the su?ject of the agreement referred to as Cocohatchee Bay, PUD. ) NAME ADDRESS COMMUNITY &IGNATU a E l 1 IV i .,(te re i ( I , 1 C 0 1t 8i i t ,3� y 2L)j it\v,"4 ' /'©S- /4tra_D 5,977A) E 1 . c ' 'r) - 15 gob �r ck / td 1/z Twi y-1 C�ie V' yr F / , ti �J �_ lc.�' L A-Q_ -5---i` d -0•..tr - -''z1�.-.. -., 'o' ,.. � a = I / 1 NN.. 7 d - . .• ( ./ #,— . . r t` fRi'ilr. 378 - t/ UM 1N,----1- _ dga,,.- ;. 7240 Uhf WS : , -Pr& Coo VL= \.). • LEMBPIIIIIIIM relligig.1 fr . ' - -7-'-- ''r ii li A.ki , .. ). lq 1 CA ct4 . A TA-D-PolJ &9k/c- Wifignii ilo I. _ IMMILM I( ,1 kik %,._ . •!, . / b 9 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbottpssociates, LLC ("Lodge"). We/oppose and object to any change in the zoning and of the property, the suoject of the agreement referred to as Cocohatchee Bay, PUD. Iii NAME ADDRESS COMMUNITY S t NATURE r 4&4' . r7_,) r q ` / - 7 ceJ - 1,--J'"``✓iii ki,Le o 76'v-e—cri o . _ it d ( „ _, lifirAWFM1 7 io 6t,4;‘,'/if-Lez---etWe -7.1,21-- 101 ; /4 1.---1-"` c(-MIP-161.A‘MI 7 ,,a.. - refit '_a , ---- r ad 1 / • 'rifer Al V `_ It b r (C (1-Y i L 61 sari .IC. (3. e i' ak. 103 _= ' :l. /1. :by'r'e --t 'V ? -1 I a 13 51 ti, DL / - - ia-�-_ r . "—o p -\ 7 i' LC1f 1+...7 CCI ; 00 14/“..7A2tzte,k tri ?n-t�L� NAPLC-5 a ,,k 9/tils- \ ' \-.°\If -7, -7 a s L-0\./. Its-'1" LA-1-4°' i 1 r Ilk, i'L-1.,_„ { ' 1414 ' o l 4`661)0 `� ° -`(� Ltd 4 hi-, 2$2 Cav f' irtaf-adieVE\-' Jb/n-QS ♦ ., -P `c I \YW - V2-°1�w1.�vi j / ' -}- t82- rn cfC --e C-- "°1 _ - n / .76'ri-S v b�P S IO 1a/z tom, F,_ I a fr h �iie -,t�; 'yk 7"'� fl,� r ; ' ' ' 'J ( y':I C?r z:,0 r f Pi,t ry /' �v ir rf 1 ie' ,1)144_t 1.34,, )!', s ec der/ I/'2:4 Nab% ' (-4w_,It„,:, e."---,....— 't '<. jazz' MCcn 056- /Cr � 6c .t w>©� zE;( , Zr 7"kilo JJJ �YY 1 ve Lc,kA-. .5 W2 Occ:Vic,Q ,`,k,cz.v, Ls t �- c,.\-- 4 D0 Cocohatchee ay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge AbbottAssociates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the ubject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE _►2, b ,/.F iii 307 0.008. //z e iiediZ i z4 4 ' WAY e_'AMEMMIII: 00 4r: 07 d---) , A ,A. it i i° -7:.11.7 fa;- -_--- / a 4, c„,,�c 0 /7 // LI • Fif 1 _ ,e( / V . 471 , dIte - F, , ilAZ 1 !'r-'` /a ' f__ .' hAt t,,,,, 4 eiL/- 62 ^ -- a f cG2�L-' � t - 0 i,f/ -t/i) `-if itom; 4 f "/ ( .l'-{i t L� �i F� �► ---, ifP 14' _, e . : i -a- _, 5 4-/-•2 2 1 ;-,..-A- i7'''-,.6■1•1::e_ --te . ,-C-. :.',-,e-Ira ,10,,,, Ire:),•<<V740" iJ is 1 f� .�,.`t.. l a• a-- 11111111MMINI iF' - 7 . IMMIIIIIIIIIII1b. '' 1 .P. cT/C14/.1 ti i}1a3 0 OV, -7.,1,-v ;All= -, �F �, 1,1 '6,1�Ny / 'tea Id / 1 g fir` L �,�/ a #. 4 ,l. • -r i ►! sr� .,�: ,may . 1`4 . -,� / ‘�,� s ,Q' e-0-0::&, , /yT_ f, MIIIMM- /ISININIM * V l r/ i'-ff(li/7 (./��"� AlleiLr ';'''' ' .4 gi- 9%IS. . IS • .4) ti` y il , A , d? !'l i' A_� 6J-4' /li it i;5 r L -�°° 171`r.'S 3yPlci d �/ f� !�/ ,�K'.%2��rub rJ� +f -�2.=cam` I ' Jc iIGFA). ')1` lac? Ili ewrt -e> 1 ( 7 1 jAi z,V144--61,Iv r:Q(V) i 7L d kkkqo'too LaRtlir,lititagrq)Aalti6v,k tg5 _- ,0,4 , _,/ (JO gi ,-,sy ' -7C Cocohatchee <iat;y, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement madeNand entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAM?/ / ADDRESS COMMUNITY , SIGNATURE Vii` '' L % c 17,56 .7. ei( mss ,i4.2 d ' l ^f 7 `q i, . GC3 )� S 1 6-ktat,6 (e 7 VW 1 -t„e 'a Y ' r tA A > t. ,1 B B L L i r� �.' (0 r- S `1 /�Q, �� '4 � 1 . Ir . , . I tzo 6-44.-._ -t3 It 2 .- 'V--6 ` </j/ r' '� cei-----), /_. /41 , . .„ _ %,-, ( f- P n 'O. r --,t-7 ,_2_,_ A eS 115:/1[7 ri, ' ' -' 71-( " r ‘-.7 02_ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. r i i NAME ADDRESS COMMUNITY ,:1► .J' /��i►t ! to �A ,� 'rg /,' � OZ /��in � �"_%%%%- � , rte,«.._ 1 � • 1E- �(��f� ,_� 1 ., , Imo. .� �� % •.��eerr, dry 111,-- / - 11- PAIIM'' . . A' .-i>, .0 4- 40.." -,- , 1 , i -a Flee ..R Pf 3C aFN °n a-, 41e, aeh a1,77 ek..• L' / ,� .— li i , �ri/ of / V-s-3viedWiea�s Mil( !z/aferS i, keit avitto ,, (41 ric65;11 Fl yi poi./ ,, ‘.. 111 ,WW:AS o i ,r EINIEM h(�l , �, /, ��/ INIIIIMII- 9Y/ , ,, , ems- SWAM 6, - ` Ia - / /-9.1 ( v t MEM. !e ,,„_ 1 , L.„..INIMIMIlli. a Figniviimil' AA ...-•..A.111 a.-../ 1\ ' 4 • • / ...41111/14L- Milligna, f ` d. /" II MIIIMIWW4114.:47A. 1011MIPIElz 4•1• ....-oe Wf._ . .../ E . li �� e � / l ol rAINFAMINFPWill i. IIIMr7'-f " �, , . �° ' 1 / i I e- 3 Cocohatchee Bay, PUD Petitions We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change tii the zoning and of the property, the subject of the agreeiNent referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE `p =Mall. (7 YW-21 ,>, /�///' /xx/nnJ�/ /Ay /stiff ,1!d.,, : • • , rz• _ ::LRO3C--c , J o C3 Ra '�ln hit.* / ,S N-e!;h . fi , ctrigneminizmuicten `ft/1is5o, �1 =�� db s Cale( C le,� wc�y p r O S e v, 2 `il Lt )(�� lrc� J �c.�p //-y NCR/6 St/14poies Pi/1-e) PIdG=-� c' oS �=L .3A/ fey / eo 60 Leg-ci 7-7 a_0.1-57 014 .'1P1"'' As L GAt : G • ?A f 11OS I 1 011Ai _. JI ► tai ? 3 Zed 0,z 14(141,FL _/, /Oila 142 �LtaM OEM= _5'057 M A i 1 t E l_G\( N WOO PS Nit, H bel , \i\tfi Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIG\(AT RE lip. �� `Qs.�`°_- UUcl r ?9. -. _- ,,-- 0...•i,--.e? ,` l i4a q s 1 JcLtJ SOS to� I/ - b i e�-c I r r ' ` "�` -�-� �6 G� �i,;(/ am �WM ,'c „ J ; . Ill r r 04/t,4 ,-------- z£� */fill 4— of `f '`1/ rif? AlitiL °6, ,,,,L, /#1, `1Ja.. s OMICANZI " = r f it 2/1'-1� Eiz 2G W f •i L bio 012-7k�r ( r „—A .,...„„ ,,_ - - 'i ,!. - fi l m-i s ' '- Y-(,s" O c1 (bs D�( 0; . I-t c,10 7t5 y , i v.0(Ali)s7(Ag- li 1! "-1)04q, as,iiic& ?gb;vil IN' 6Y'11'// ''El - 1 C 4 2 0 1 ) -H 5 q 11c! I 9 \ / Ifr 6.0, ' Er , ) m iu-k_vvek , viq ' -ii-c(,,Afeyq v , ( oiq 1)1)K._ 0\IV— IASI? ; 41111 ( °71/ N� 1E IArc' ( 1; .\M--- it r l _tuP PEd o v, 1 m-, .7 3 3 SLY e r c,it , i- ft v8-y a10 ..1)"c?6 :1 ; �) f ,,� '� ��,.y� / �. _.may"' ,,. _� ? if 1 /x47,1 1 ii z-7,0, d (;)p.4- Ji!let', '^ 7� --- --)1 Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object•to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE va'jlt ,y\ K oyec /4 76 vaoi er p$. 1..,,, , t de , %5 I� c� 1 . a'V �y��t 11,l i. �-i'�3".i 1 .S Li r•`•in r'�+ 1. C t<•- t;= b t:it- 4 d4 1 -� rz 1 I</G /; 61-t •7)L/-h t " i, 17,24-tiv- ae.....,„ A 11 1MERNIONAufilitifffititiMP.../- MIIII- . I - , 'IA i agz 14 4, t AI 360 26,001011MERMERIffre:/AMIETIM ,X+'0 �/o KS C_lt _{_(t%) p-- tt,)i 6-r i/U r g/ 7 J 6-c-,, ," + i.1` it j e a1'1N:,< (A ''V'1i 1./ti -15 l y y 1 Gtr(-'S4,k 1 p 1•- L d ,,, (Lc, cL_. c_/ •_„__ -s`,, I i rte/`-(�?J t Z-1 '-`,17 '�-ri-1. ' 1.l j . "7"--,,,,,449-74,1 --1,=' ' 74' )4.- IL, ' n 77 ,, IL,.- et, t�L /�- jai if/Lc- -- _..--41"zjf -t4 ' . '' / <- ainefir..2‘;,:t.--t-----)ffi � , ° ter I' � r„z.al/WisAMIll .41/:' ii / 'I' leV /1'.'6/0. /61A . Cr)'--- _ __ Le,;-.,.,---e_._,,,,,: „dolls ic.,%-----es-.-s-t),,,,p,G.,it\ z4.„,..,isa_,,__; ' ” , - uppw-_,--- f_cvinii , - i-, . Tilt v 'b.) i .... . _ . .. ift)1-7--.1-.�. 4 tf 1 i i 1 5-rr 6 ;-1-i, /%to A L f .l l rf l! L-1/-::: _._'/ 1'5:/1 / _ / / __ tom' .-_L //4 4'I'ei�.- tons 7,q- % at,/ / __,„ ----)6- , :=----- -------"__ c..„ Cocohatchee Bay, PUD Petition We the undersigned oppose and object to recopening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. 3 , NAME ADDRESS COMMUNITY SIGNATUR 40 ait-e1--.... It c5 Gve-d - Q 7574)-e/t( G :�.a i:r l' Ll A I4 i Ly .'� a �ag f_ [i�� a(� -� — _ A �°�' Gt m �'"f 'D iLe 767 6r 6`'" -77,-/R/06,27� /_ a �� 'tc�t c?',tr>2, �ir-, fir.- - ,---------- . 1 e...6 '7 511 Pttil 1 4 P I/I v ?. (iA.1,UlF fC k.. 7fQ ► j 1 NAME ADDRESS COMMUNITY SIGNATURE f/ es,'eK4reK3 o/Cee v r /pe. ,,,,j COrI.,_ Ude, it k ji-1-4 G„sminmignEmm.2:04 .„'"?ci 1 co4cicomb 1:DI*21 5)91V,Al tPe,p-t.---' MIMI. 2,1 4"))S tA-3(:)e,, 8,,iii itim-1---;44 , 5 etc;,i,.e..ii)- ,, II 1 " , , 1 z). NAME ADDRESS COMMUNITY SIGNATURE . � . : . .. . _ kf fL(A-f6oe C b c 1Licpgv 6 (e-il � �(f,A`r „,_ 64-( f /({,p5 -y 7`k4,Zc T I vv\U•-•)-t it V c L ii-c(' t - -______ __ _.-_—___ I / I i — I ■ r i r -'-7 0 change.org Recipient: Letter: Greetings, STAND BY THE JUNE 9TH 2008 SETTLEMENT- DO NOT ALLOW THE DEVELOPER TO RE-OPEN THE COCOHATCHEE BAY PUD A DEAL IS A DEAL Name City State Zip Code Signed On North Bay Civic Association Naples Florida 3/26/14 Emily Kearns Naples Florida 34110 3/27/14 Kimberly Campanale Orchard lake Michigan 48324 3/27/14 Colleen Doyle Waterford Michigan 48327 3/28/14 Joseph Wood Naples Florida 34110 3/28/14 Joan Dirstein Toronto M5S 3/30/14 Ruth Bell Naples. Florida 34110 3/30/14 Albert Guido Naples Florida 34110 3/30/14 Allen Slack Naples Florida 34110 3/30/14 Amin Rofagha 34110 3/30/14 Anil Godbole Naples Florida 34110 3/30/14 ann principe naples Florida 34110 3/30/14 Anthony Korda Naples Florida 34110 3/30/14 Brana Kriegsman Naples Florida 34110 3/30/14 Brent Bohlen Naples Florida 34110 3/30/14 BRUCE BAKER NAPLES Florida 34110 3/30/14 Bruce Sherman Naples Florida 34110 3/30/14 Bryan Wheelock Naples Florida 34110 3/30/14 Carol Wheeler Naples Florida 34110 3/30/14 Catherine Cricco Andelfinge Naples Florida 34110 3/30/14 Cathy Kolakoski Naples Florida 34110 3/30/14 celia and lawrence tullio naples Florida 34110 3/30/14 Charles McGuire Naples Florida 34110 3/30/14 charles white Naples Florida 34110 3/30/14 Chesley Oriel Naples Florida 34110 3/30/14 Christopher Perini Naples Florida 34110 3/30/14 Christopher Vitek Naples Florida 34110 3/30/14 Constantia I Squire Naples Florida 34110 3/30/14 Dan and Adria Iannotti Naples Florida 34110 3/30/14 Daniel Bischof Naples Florida 34110 3/30/14 David Estep Bonita SpringE Florida 34134 3/30/14 David Kelly Naples Florida 34110 3/30/14 David Kennedy Naples Florida 34110 3/30/14 Deborah Gutherie Naples Florida 34110 3/30/14 Dennis Johnson Naples Florida 34110 3/30/14 Dianne Distler Naples Florida 34110 3/30/14 Donald A Fee Naples Florida 34110 3/30/14 Donna Scuteri Naples Florida 34110 3/30/14 Dorothy Arnold Naples Florida 34110 3/30/14 Dorothy Hourihan Naples. Florid Florida 34110 3/30/14 Douglas Bloom Naples Louisiana 34103 3/30/14 Douglas Newman Naples Florida 34110-6507 3/30/14 Ed Magnani Naples Florida 34110 3/30/14 Edward Minkler Naples Florida 34110 3/30/14 elaine boehlke Naples, Florida 34110 3/30/14 Frank Herold Naples Florida 34110 3/30/14 Fred Geitner Naples Florida 34110 3/30/14 0 1 Gary Greenleaf Naples Florida 34110 3/30/14 Gary Zera Naples Florida 34110 3/30/14 Gaspare & Maria Rino Naples Florida 34110 3/30/14 George Andelfinger Naples Florida 34110 3/30/14 George Aronoff Naples Florida 34110 3/30/14 Gerry Cabot Naples Florida 34110 3/30/14 Gilles Payette Naples Florida 34110 3/30/14 Gord Bell Naples Florida 34110 3/30/14 Greg Conrad Naples Florida 34110 3/30/14 Gregory Minarik Naples Florida 34110 3/30/14 H. Douglas Laughton Naples Florida 34110 3/30/14 Harold Farrell Naples Florida 34110 3/30/14 Henry Boulanger Naples Florida 34110 3/30/14 Henry Kleinhenz Port Clinton Ohio 43452 3/30/14 Herbert Bias Naples Florida 34110 3/30/14 Hilda Glazer Naples Florida 34110 3/30/14 Howard Gunter Naples, Florida 34110 3/30/14 J-Y "John" FOLLIOT Naples Florida 34110 3/30/14 J. Kirkman and Lynn Jackso Naples Florida 34110 3/30/14 Jackie Hisle Naples Florida 34110 3/30/14 Jake Kearns Mequon Wisconsin 53092 3/30/14 James McTaggart Naples Florida 34110 3/30/14 James Murphy Naples Florida 34110 3/30/14 Jay Brandt Naples Florida 34110 3/30/14 Jay Kolakoski Naples Florida 34110 3/30/14 Jeanne Sherman Naples Florida 34110 3/30/14 Jeffrey Freeman Naples Florida 34110 3/30/14 JESSICA IBBOTSON Naples Florida 34110 3/30/14 Jim Calabresa Naples Florida 34110 3/30/14 jim sykora Naples Florida 34110 3/30/14 Joan Ticconi Naples Florida 34110 3/30/14 Joanne Fromert Naples Florida 34110 3/30/14 Joe Donnalley Naples Florida 34110 3/30/14 Joe Koester Naples Florida 34110 3/30/14 Joe Sambataro Naples Florida 34110 3/30/14 Joe Taylor Naples Florida Naples 3/30/14 John and Jill Garrett Naples Florida 34110 3/30/14 John and Jill Garrett Naples Florida 34110 3/30/14 John Moore Naples Florida 34110 3/30/14 john rupnow naples Nebraska 34110 3/30/14 jon &kathy schroeder naples Florida 34110 3/30/14 Judy Cader Naples Florida 34110 3/30/14 Julius Scuteri Naples Florida 34110 3/30/14 Karen Nicosia Naples Florida 34110 3/30/14 Karen Veverka Naples Florida 34110 3/30/14 Karl Heien Naples Florida 34110 3/30/14 kathleen donnalley Naples Florida 34666 3/30/14 Kathleen Raby Naples Florida 34110-3620 3/30/14 Kathleen Verderber Naples Florida 34110 3/30/14 0 kathy bellotti naples Florida 34110 3/30/14 Kathy Gagne Naples Florida 34110 3/30/14 ken fergus Naples Florida 34110 3/30/14 Lenore Fiskio Naples Florida 34110 3/30/14 Liz Neri Naples Florida 34110 3/30/14 Lorna Wiedman Naples Florida 34110 3/30/14 lorraine padulo naples Florida 34109 3/30/14 Lynda Macomber Nap;es Florida 34110 3/30/14 Manfred Schlebusch Naples Illinois 34110 3/30/14 Marc&Crystal Slotnick Naples Florida 34110 3/30/14 Margie Minkler Naples Florida 34110 3/30/14 Margo Lind Naples Florida 34110 3/30/14 Marilyn MacLaughlin West Chester Pennsylvania 19380 3/30/14 Marilyn Swartz Naples Florida 34110 3/30/14 Mark Dowgiewicz Naples Florida 1440 3/30/14 Martha Boulanger Naples Florida 34110 3/30/14 Martha Markwell Naples Florida 34110 3/30/14 Martin Quinn Naples Florida 34110 3/30/14 Mary Ayers Naples Indiana 34110 3/30/14 Mary Frecker Naples Florida 34110 3/30/14 Mary-Lou Eaton Naples Florida 34110 3/30/14 mavis gradwell Naples Florida 34110 3/30/14 Meg Distler 34110 3/30/14 Meg Lind Naples Florida 34110 3/30/14 Michael Andelfinger Naples Florida 34110 3/30/14 Michael Getty NAPLES Florida 34110 3/30/14 Michael Smith Naples Florida 34110 3/30/14 michael waters naples Florida 34110 3/30/14 Michelle Shoemaker Naples Florida 34110 3/30/14 Mike Gogolev Naples Florida 34110 3/30/14 Mike Shields Naples Florida 34110 3/30/14 Nancy Thibeault Naples Florida 34110 3/30/14 Nick Rave Naples Florida 34110 3/30/14 Nicole Zenz Naples Florida 34110 3/30/14 norman lucas naples Florida 34110 3/30/14 Normand Deschene Naples Florida 34110 3/30/14 oliver clark cape coral Florida 33914 3/30/14 Pamela Peveler Naples Florida 34110 3/30/14 Pamela Povolny Naples Florida 7920 3/30/14 Pat McTaggart Naples Florida 34110 3/30/14 PAUL MACK NAPLES Florida 34110 3/30/14 Paula Brothers Naples Florida 34108 3/30/14 Peter Brousseau Naples Florida 34110 3/30/14 PETER IBBOTSON Naples Florida 34110 3/30/14 Philip Vullo Naples Florida 34110 3/30/14 Randall Goetsch Naples Florida 34110 3/30/14 Raymond Hrovat Naples Florida 34110 3/30/14 Rhonda Zera Naples Florida 34110 3/30/14 Richard Folk naples Florida 34110 3/30/14 Richard J. Barry Naples Florida 34110 3/30/14 Richard Orr Naples Florida 34110 3/30/14 richard ryder naples Florida 34110 3/30/14 Richard Teaberry Naples Florida 34110 3/30/14 Robert & Linda Armstrong Naples Florida 34110 3/30/14 Robert & Linda Bouwman Naples Florida 34110 3/30/14 Robert Distler Naples Florida 34110 3/30/14 Robert Oscarson Naples Florida 34110 3/30/14 Robert Ottaviano Naples Florida 34110 3/30/14 ROBERT T HUGHES NAPLES Florida 34110 3/30/14 Roberta Smith Naples Florida 34110 3/30/14 Rodney Marco Naples Florida 34110 3/30/14 Rolf & Rosemari Maschwitz Naples Florida 34110 3/30/14 Ronald Veverka Naples Florida 34110 3/30/14 Roseann Oscarson Naples Florida 34110 3/30/14 Rosemary Braun Naples Florida 34110 3/30/14 Ross Feehrer Naples Florida 34110 3/30/14 Ruth Keller Naples Florida 34110 3/30/14 sandra dettloff naples Florida 34110 3/30/14 Sandra Scoggins Naples Florida 34110 3/30/14 Sara Quigley Easthampton Massachusetts 1027 3/30/14 Scott Austin Naples Florida 34110 3/30/14 seatta layland Naples Florida 34110 3/30/14 Sharon Lea Johnson Naples Florida 34110 3/30/14 Sharon Ondocin Naples Florida 34110 3/30/14 Smoak Vitek Naples Florida 34110 3/30/14 Stephen Giuntini Naples Florida 34110 3/30/14 Stephen Jones Naples Florida 34110 3/30/14 steve greco jr naplws Florida 34110 3/30/14 Steve Page Naples Florida 34108 3/30/14 Susan Kowalski Naples Florida 34110 3/30/14 Suzanne Goeren Naples Florida 34110 3/30/14 Terina Korda Naples Florida 34110 3/30/14 Theodore H robinson Naples Florida 34110 3/30/14 Thomas &Cythia Daly Naples Florida 34110 3/30/14 Thomas & Linda Panek Naples Florida 34110 3/30/14 Thomas Byrne NAPLES Florida 34110 3/30/14 Tom Knuth Naples Florida 34119 3/30/14 Trang Do Naples Florida 34110 3/30/14 Valera Koester Naples Florida 34110 3/30/14 Victoria Wheelock Naples Florida 34110 3/30/14 Wanda Barger Naples Florida 34110 3/30/14 Wayne Hemstead Naples Florida 34110 3/30/14 William Hauser Naples Florida 34110 3/30/14 zafer can paramus New Jersey 7652 3/30/14 ALFRED LOEWENSTEIN NAPLES Florida 34110 3/31/14 Ann Schumaker Naples Florida 34110 3/31/14 Anne Ardito Naples Florida 34110 3/31/14 Anne Prignano Naples Florida 34110 3/31/14 Ashley Kennedy Naples Florida 34110 3/31/14 Bill Connor Naples Florida 34110 3/31/14 Bridget McDonagh Naples Florida 34110 3/31/14 Bruce Burkhard Naples Florida 34108 3/31/14 Bruce Shimkat Naples Florida 34110 3/31/14 Carol Grant naples Florida 34110 3/31/14 Carolyn Saxton Naples Florida 34110 3/31/14 Cathy Travers Naples Florida 34110 3/31/14 Claudia Greenleaf Naples Florida 34110 3/31/14 Con Norman Naples Florida 34110 3/31/14 Constanze Doeblin-Holler Naples Florida 34110 3/31/14 Cristiano Jorge Naples Florida 34110 3/31/14 Daniel McKenna Naples Florida 34110 3/31/14 Daniel Tessoni Naples Florida 34110 3/31/14 David Whitehurst Naples Florida 34110 3/31/14 Debra Muller Naples Florida 34110 3/31/14 Despina Vellios Massillon Ohio 44647 3/31/14 DONALD GRAY NAPLES Florida 34110 3/31/14 Donna Reed-Caron Naples Florida 34110 3/31/14 Doris Jones Naples Florida 34110 3/31/14 E. Michael Semple Naples Florida 34110 3/31/14 Edgardo Feredjian Naples Florida 34110 3/31/14 Eduard Chvatal Naples Florida 3/31/14 Edwin Gargel Naples Florida 34110 3/31/14 Elisa Colonna Naples Florida 34110 3/31/14 Elizabeth Paciolla Naples Florida 34110 3/31/14 Evan Blanco Naples Florida 34110 3/31/14 Ewa Godecki Naples Florida 34110 3/31/14 Flavia Jorge Naples Florida 34410 3/31/14 Frank Rezac Naples Florida 34110 3/31/14 Frans Ronsholt Naples Florida 34110 3/31/14 Fred Neri Naples Florida 34110 3/31/14 Frederick Fiedler Naples Florida 34110 3/31/14 Garry Noonan Naples Florida 34110 3/31/14 gary dewitt naples Florida 34110 3/31/14 George Malloy Naples Florida 34102 3/31/14 Gwen Hajlo Naples Florida 34110 3/31/14 Jackie Hickman Naples Florida 34110 3/31/14 Jackson Cussons Naples Florida 34110 3/31/14 Jaclyn Salz Naples Florida 34110 3/31/14 Jacqueline Mack Naples Florida 34110 3/31/14 Jacqueline Macleod Naples Florida 34110 3/31/14 James Owens Naples Florida 34110 3/31/14 James Soucek Naples Florida 34110 3/31/14 Jim Distler Naples Florida 34110 3/31/14 Jim Kuras Naples, Fl Nebraska . 34110 3/31/14 Jim Mitchell Naples Florida 34110 3/31/14 Jim Waters Naples Florida 34110 3/31/14 Jim Wydick Naples Florida 34110 3/31/14 0 Joan Docktor Naples Florida 34110 3/31/14 Joann Vullo Naples Florida 34110 3/31/14 John Boyer Naples Florida 34108 3/31/14 John Cantella Naples Florida 34110 3/31/14 John Godfrey Naples Florida 34110 3/31/14 John Manos Naples Florida 33410 3/31/14 Joseph Cotignola Naples Florida 34110 3/31/14 Joy Feldman Naples Florida 3/31/14 Joyce Albro Naples Florida 34110 3/31/14 Joyce Huston Naples Florida 34110 3/31/14 Judith Palay Naples Florida 34110-3666 3/31/14 Judy Waters Naples Florida 34110 3/31/14 Karen Gibson Naples Florida 34110 3/31/14 Kathy Roberts Naples Florida 34110 3/31/14 Kelly Moritz Frederick Maryland 21701 3/31/14 Kevin Moritz Naples Florida 34110 3/31/14 kim ricchiuti naples Florida 34110 3/31/14 Konstantina Koinoglou Canton Ohio 447-0 3/31/14 Larry Hodges Naples Florida 34110 3/31/14 Larry Steckline Naples Florida 34110 3/31/14 Lauren D K Frazee Naples Florida 34110 3/31/14 Lea Shea Naples Florida 34110 3/31/14 Lee Markwell Naples Florida 34110 3/31/14 Lisa Manos Naples Florida 34110 3/31/14 Lois Faulkner Naples Florida 34110 3/31/14 Louis Hronek Naples Florida 34110 3/31/14 Mariann Coyle Naples Florida 34110 3/31/14 Martha Tessoni Naples Florida 34110 3/31/14 Mary Boisvert New Hartford Connecticut 6057 3/31/14 Mary Hudak Naples Florida 34110 3/31/14 Mary Moskal Naples Florida 34110 3/31/14 Mary Stewart Naples Florida 34110 3/31/14 Maureen Petersen Naples Florida 34110 3/31/14 Mauro Ricchiuti Naples Florida 34110 3/31/14 michael brennan naples Florida 34110 3/31/14 Michael Harvey Naples Florida 34110 3/31/14 Milton Hendricks Naples Florida 34110 3/31/14 Nancy Nodell Naples Florida 34110-6097 3/31/14 Nancy Quinlan Naples Florida 34110 3/31/14 Nicholas Principe Naples Florida 34110 3/31/14 Pat Booth Naples Florida 34110 3/31/14 patricia McKenna Naples Florida 34110 3/31/14 Paul Fitzgerald Naples Florida 34110 3/31/14 Peter Jones Naples Florida 34110 3/31/14 Philip Fitzpatrick Naples Florida 34110 3/31/14 Phyllis Belzer Naples Florida 34110 3/31/14 Raymond Villarosa NAPLES Florida 34109 3/31/14 richard dahlstrom naplesFL Florida 34110 3/31/14 Richard Dingfelder Naples Florida 34106 3/31/14 Ob richard marenco naples Florida 34110 3/31/14 Richard McKenna Naples Florida 34110 3/31/14 RICHARD REED NAPLES Florida 34110 3/31/14 Richard Serwa Naples Florida 34110 3/31/14 Rita Donnelly Naples Florida 34110 3/31/14 robert kerlin naples Florida 34110 3/31/14 Robert Nolan Naples Florida 34110 3/31/14 Robert Stewart Naples Florida 34110 3/31/14 Roberta Gray Naples Florida 34110 3/31/14 Ronald Boedart Naples Florida 34110 3/31/14 Russell Whistler Naples Florida 34110 3/31/14 Sally Shimkat Naples Florida 34110 3/31/14 SANDRA HADLER NAPLES Florida 34110 3/31/14 Serena DiLillo Naples Florida 34110 3/31/14 Sharon Figore Naples Michigan 34110 3/31/14 Sheila Farrell Naples Florida 34110 3/31/14 Stephen Raymond Naples Florida 34110 3/31/14 steve jaron 3 Florida 34108 3/31/14 Sue Clifford Naples Florida 34110 3/31/14 Summer Gilbert Naples Florida 34110 3/31/14 susan dean naples Florida 34110 3/31/14 Susan Hennesy Naples Florida 34110 3/31/14 Susan Perini Naples Florida 34110 3/31/14 sylvia Chvatal-Herbert Naples Florida 3/31/14 Teri Distler Naples Florida 34105 3/31/14 thomas derolf naples Florida 34110 3/31/14 Thomas P Gardner Jr Naples Florida 34110 3/31/14 Timothy King Naples Florida 34110 3/31/14 Tom Clifford Naples Florida 34110 3/31/14 Tony Marici naples Florida 34110 3/31/14 Urbano Prignano Naples Florida 34110 3/31/14 Victoria Andelfinger Naples Florida 34110 3/31/14 Vincent Manganiello Naples Florida 34110 3/31/14 Wilhelm Prinz Naples Florida 34110 3/31/14 William Gutherie Naples Florida 34110 3/31/14 William Hammond Naples Florida 34110 3/31/14 William Herrmann Naples Florida 34110 3/31/14 william nolan nyc New York 11694 3/31/14 William Noyes Naples Florida 34110 3/31/14 Angie Aronoff Naples Florida 34110 4/1/14 Birgit Hecht Naples Florida 34110-6075 4/1/14 constance m hendrzak naples Florida 34110 4/1/14 Dan Dorner NAPLES Florida 34110 4/1/14 David Armitage Naples Florida 34110 4/1/14 David Raspolich Naples Florida 34110 4/1/14 David Sandler Naples Florida 34110 4/1/14 David Wickster Naples Florida 34110 4/1/14 Dena Sklaroff Naples Florida 34110 4/1/14 Dinah Rosenthal Naples Florida 34110 4/1/14 01 Donald VanderZwaag Naples Florida 34110 4/1/14 donna wilson naples Florida 34110 4/1/14 Eberhard Hecht Naples Florida 34110-6075 4/1/14 Evert VanderStarre Naples Florida 34110 4/1/14 Frank Holterhoff Naples Florida 34110 4/1/14 Freda Foley Naples Florida 34110 4/1/14 Gary Roberts Naples Florida 34110 4/1/14 Gene Lewis Naples Florida 34110 4/1/14 George Rubin naples Florida 34110 4/1/14 Geraldine Noyes Naples Florida 34110 4/1/14 Gillian Packwood Naples Florida 34109 4/1/14 J T Leonard Bonita Springs Florida 34134 4/1/14 Jackie LeCompte Naples Florida 34110 4/1/14 Jacques St. Julien Naples Florida 34110 4/1/14 James Andraitis Naples Florida 34110 4/1/14 James Martin Naples Florida 34110 4/1/14 Janet Folk Naples Florida 34110 4/1/14 Jim Thalls Naples Florida 34110 4/1/14 john briskey naples Florida 34110 4/1/14 Joyce Landreville Ft. Myers Florida 33912 4/1/14 Julie Forchay Naples Florida 34110 4/1/14 Kathleen Robbins naples Florida 34108 4/1/14 KELLY CREELMAN Naples Florida 34110 4/1/14 Kevin Collins Naples Florida 34110 4/1/14 Linda Jefferson Naples Florida 34110 4/1/14 Liz Murphy Naples Florida 34110 4/1/14 Madelaine Gardner Naples Florida 34110 4/1/14 Marianne Jandora Naples Florida 34110 4/1/14 Marta VanderStarre Naples Florida 34110 4/1/14 Mary Ellen metro Naples Florida 34109 4/1/14 Mary Etta Breton Naples Florida 34110 4/1/14 Mary Lou DeFlavis Naples Florida 34110 4/1/14 Michael Hajlo Naples Florida 34110 4/1/14 Michael Lombardo Maplewood New Jersey 7040 4/1/14 Miriam Sichanis Naples Florida 34110 4/1/14 Monica Feredjian NAPLES Florida 34110 4/1/14 Nancy Atkinson Harwich Port Massachusetts 02646 4/1/14 Nancy Carroll Naples Florida 34110 4/1/14 Natalie Kuras Naples Florida 34110 4/1/14 Norman Stern Naples Florida 34110 4/1/14 Pamela Foulkes Naples Florida 34119 4/1/14 Pat Bonser Naples Florida 34110 4/1/14 Peter Bienkowski Naples Florida 34110 4/1/14 peter duggan naples Florida 34108 4/1/14 Phyllis DeRolf Naples Florida 34110 4/1/14 Richard Donnelly Naples Florida 34110 4/1/14 Richard Heidrich Naples Florida 34110 4/1/14 Richard Sommer Naples Florida 34110 4/1/14 Robert H. Thomas Collier County Florida 34110 4/1/14 QS Roger Putier Naples Florida 34110 4/1/14 Roland Breton Naples Florida 34110 4/1/14 Ronald Jordanek NAple Florida 34110 4/1/14 Salim Kathawalla Naples Florida 34110 4/1/14 Salvatore Marici Naples Florida 34110 4/1/14 Sara Meekins Naples Florida 34110 4/1/14 Sheila Christofore Naples Florida 34110 4/1/14 Shirley Bizjak Naples Florida 34110 4/1/14 Steve Richmond Naples Florida 34110 4/1/14 Susan Gfeller Naples Florida 34110 4/1/14 Susanne VanderStarre Naples Florida 34110 4/1/14 Terry Humber Naples Florida 34110 4/1/14 Thomas Story Naples Florida 34110 4/1/14 Thomas Whatley Naples Florida 34110 4/1/14 Valerie Tesorio Naples Florida 34110 4/1/14 Virginia O'Toole Naples Florida 34110 4/1/14 William J. Bryzgalski Naples Florida 34110 4/1/14 Alan Atkinson Harwich Port Massachusetts 2646 4/2/14 Charles Ingle Naples Florida 34110 4/2/14 Clyde Smith Naples Florida 34110 4/2/14 David Camillo Naples Florida 34110 4/2/14 David Christofore Naples Florida 34110 4/2/14 dennis gavelek naples Florida 34110 4/2/14 Dorothy Stikna Naples Florida 34110 4/2/14 Ernest Davey Naples Florida 34110 4/2/14 Garth Yorko Naples Florida 34110 4/2/14 Harlow Gregory Naples Florida 34110 4/2/14 Joan Gavin Naples Florida 34102 4/2/14 John Chirico Naples Florida 34110 4/2/14 John Ungashick Evanston Illinois 60202 4/2/14 josef henrich naples Florida 34110 4/2/14 Joseph Sciscione Naples Florida 34110 4/2/14 Judi Ungashick Naples Florida 34110 4/2/14 Kathleen Rowland Naples Florida 34110 4/2/14 Kathleen Santa Maria Naples Florida 34110 4/2/14 Lynn Rolfsen Slonaker Naples Florida 34110 4/2/14 Marcie Zeiger Naples Florida 34110 4/2/14 Maria Friscia Naples Florida 34110 4/2/14 Maureen Reed Naples Florida 34110 4/2/14 Mauro Romano Naples Florida 4/2/14 Meghan O'Neil Naples Florida 34119 4/2/14 Melissa Rinehart Naples Florida 34110 4/2/14 Michael Dillon Naples Florida 34410 4/2/14 philip bonser naples Florida 34110 4/2/14 Raymond Marra Naples Florida 34110 4/2/14 Richard LeCompte Naples Florida 34110 4/2/14 Richard Schnabel Naples Florida 34110 4/2/14 Robert and Sherry Burns Naples Florida 34110 4/2/14 Robert Kramer Naples Florida 34119 4/2/14 0c1 Robert Rowland Naples Florida 34110 4/2/14 Rodolfo & Laila Hafner Naples Florida 34110 4/2/14 Ronald Neher Naples Florida 34110 4/2/14 Roy alien Naples Florida 34110 4/2/14 Sally Ingle Naples Florida 34110 4/2/14 sandra bisceglia naples Florida 34110 4/2/14 Sharon Balasko Naples Florida 34110 4/2/14 Thomas & Denise Keown Naples Florida 34110 4/2/14 William Roberts Naples Florida 34110 4/2/14 william slonaker naples Florida 34110 4/2/14 Anna Gentile Naples Florida 34110 4/3/14 Diane Mascianica Naples Florida 34110 4/3/14 Edward Laurson Denver Colorado 80235 4/3/14 Edward Weilhoefer Naples Florida 34110 4/3/14 Francis Mascianica Naples Florida 34110 4/3/14 fred saltzberg Naples Florida 34110 4/3/14 Gary Pavlik Naples Florida 34110 4/3/14 Grace Neville Naples Florida 34110 4/3/14 Harold Linnerud Naples Florida 34108 4/3/14 KARLA SJOGREN NAPLES Florida 34103 4/3/14 Katharine Rasch Naples Florida 34110 4/3/14 Kathryn E. Smith Naples Florida 34110 4/3/14 Larry Lang Naples Florida 34110 4/3/14 Leo and Julia Murray Naples Florida 34110 4/3/14 mary bender naples Florida 34110 4/3/14 myrna Davenport Naples Florida 34110 4/3/14 neil goeren Naples Florida 34110 4/3/14 Pam Yeomans Barth Naples Florida 34110 4/3/14 Richard A'Hern Naples Florida 34110 4/3/14 Walter Evans Naples Florida 34110 4/3/14 Wanda Riddle Naples Florida 34110 4/3/14 Beverley Creelman Naples Florida 34110 4/4/14 Beverly Braun Naples Florida 34110 4/4/14 David Curtiss Naples Florida 34110 4/4/14 Diane Griffin Naples Florida 34110 4/4/14 Diane Moritz York Pennsylvania 17403 4/4/14 Edward Schiffer Naples Florida 34110 4/4/14 Jacqueline Ortiz Naples, FL Florida 34110 4/4/14 James Sanchack Naples Florida 34109 4/4/14 Jean Beckley Naples Florida 34110 4/4/14 Jeffrey Beckley Naples Florida 34110 4/4/14 Joan Licitra Naples Florida 34110 4/4/14 John Findley Bonita Springs Florida 34134 4/4/14 Larry Defuge Naples Florida 34110 4/4/14 Laurence Carroll Naples Florida 34110 4/4/14 louis & annette simonin i naples Florida 34110 4/4/14 Niksa Aviani Naples Florida 4/4/14 Patricia Worden Naples Florida 34110 4/4/14 Peter Sinkage Naples Florida 34108 4/4/14 OP Sherri Russell Naples Florida 34120 4/4/14 Stephanie Fleetman Naples Florida 34110 4/4/14 William Jenks Ft Myers Bead Florida 33931 4/4/14 William Stopps Naples Florida 34110 4/4/14 Amy Allen Naples Florida 34110 4/5/14 Ann Mottice Naples Florida 34110 4/5/14 Barbara Van Dorn Bonita Springs Florida 34134 4/5/14 Becky Lorusso Naples Florida 34110 4/5/14 Beverly Robert Naples Florida 34110 4/5/14 Christine Noonan Naples Florida 34110 4/5/14 David Ryan Naples Florida 34108 4/5/14 Davina McLaughlin Naples Florida 34110 4/5/14 Don Allen Naples Florida 34110 4/5/14 Donald Livingston Naples Florida 34110 4/5/14 Doug Paone Naples Florida 34110 4/5/14 Elizabeth Redfield Naples Florida 34110 4/5/14 Elizabeth Steele Naples Florida 34110 4/5/14 Ian Charik Naples Florida 34110 4/5/14 John Dunleavy Naples Florida 34110 4/5/14 John E. Ahern Naples Florida 34110 4/5/14 Karen Waldrip Bonita Springs Florida 34134 4/5/14 Kristine Russo Naples Florida 34110 4/5/14 LEE DEWITT naples Florida 34108 4/5/14 Margaret Drugovich Naples Florida 34110 4/5/14 Michael Moritz Naples Florida 34110 4/5/14 Nina Smith Naples Florida 34108 4/5/14 Raymond Wesnofske Bridgehamptoi New York 11932 4/5/14 Robert Cassens Naples Florida 34110 4/5/14 Robert Moussa Naples Florida 34110 4/5/14 Robert Pozgar Naples Florida 34119 4/5/14 Ron Beaton Naples Florida 34110 4/5/14 Sharon Marconi Bonita Springs Florida 34134 4/5/14 Thao Bellande Naples Florida 32102 4/5/14 Vic Macina Naples Florida 34110 4/5/14 William Breen Ft Myers Beacl Florida 33931 4/5/14 xiomara rodriguez naples Florida 34110 4/5/14 Iris Schumann Naples Florida 4/6/14 Janie Naraine Naples Florida 34110 4/6/14 Lori Van Buskirk Naples Florida 34110 4/6/14 Maureen Ruemler Naples Florida 34110 4/6/14 Sharon Wilmore Naples Florida 34108 4/6/14 Susan Jurczak Naples Florida 34110 4/6/14 Wayne Foreman Bonita Springs Florida 34134 4/6/14 bonnie frus naples Florida 34110 4/7/14 Debra Ludgate Naples Florida 7921 4/7/14 James Saitz Bonita springs Florida 34135 4/7/14 Jim Allen Naples Florida 34108 4/7/14 Lauren Kratovil Naples Florida 34108 4/7/14 Mary Hough Naples Florida 34108 4/7/14 0 l� Mary Jo Bovich Naples Florida 34108 4/7/14 Michael Avgerinos Naples Florida 34110 4/7/14 Richard Zeiger Naples Florida 34110 4/7/14 Robert Mountain 'Naples Florida 34110 4/7/14 robert wright jr naples Florida 34110 4/7/14 Sandy Tarasevich Naples Florida 34110 4/7/14 Steven Stikna Naples Florida 34110 4/7/14 William and Joyce Robertsor Naples Florida 44644 4/7/14 carol voelker Naples Florida 34108 4/8/14 Charles Thomspon Naples Florida 34110 4/8/14 Chris Bovich Naples Florida 34108 4/8/14 David Ianuzi Naples Florida 34110 4/8/14 David M Seiden Naples Florida 34110 4/8/14 David Stork Naples Florida 34110 4/8/14 George Heussner Naples Florida 34110 4/8/14 GLORIA TRINKA NAPLES Florida 34119 4/8/14 Harold Joyce Naples Florida 34110 4/8/14 Jack Rayman Naples Florida 34110 4/8/14 Jennifer Hunlock Naples Florida 34110 4/8/14 Joan Gonnelly naples Florida 34110 4/8/14 Joe Moses Naples Florida 34110 4/8/14 Joy Taylor Naples Florida 34110 4/8/14 Julianna McCabe Naples Florida 34110 4/8/14 Kathy Budka Saint Clair Shc Michigan 48081 4/8/14 Laurette Kovalik Naples Florida 34110 4/8/14 Lona Anderson Naples Florida 34110 4/8/14 Mary Henrikson Naples Florida 34108 4/8/14 Monika Edwards Naples Florida 34110 4/8/14 Patricia Clemente Naples Florida 34110 4/8/14 Paul Zerwal Naples Florida 34110 4/8/14 Philip McCabe Naples Florida 34110 4/8/14 Philip Morrison Naples Florida 34110 4/8/14 Ray Waechter naples Florida 34110 4/8/14 Sharon Whipple Naples Florida 34110 4/8/14 Stephen Whipple Naples Florida 34110 4/8/14 Terri Gruner Port Charlotte Florida 33981 4/8/14 Tom Lawson Naples Florida 4/8/14 Tom Tarasevich Naples Florida 34110 4/8/14 ann joondeph Naples Florida 34110 4/9/14 Bruce Smith Naples Florida 34110 4/9/14 Charles Trinka Naples Florida 34119 4/9/14 David Novak Naples Florida 34110 4/9/14 Deborah Trinka Naples Florida 34117 4/9/14 Jack Hultstrand Naples Florida 34110 4/9/14 Jim Barkley Naples Florida 34110 4/9/14 John Hines Naples Florida 34110 4/9/14 Joseph Gonnelly Naples Florida 34110 4/9/14 Joseph LeBeau Naples Florida 34110 4/9/14 Michele Blazina Naples Florida 34108 4/9/14 Pam Hines Naples Florida 34110 4/9/14 pat savage Naples Florida 34108 4/9/14 Teresita LeBeau Naples , Florida 34110 4/9/14 Howard Joondeph Naples Florida 34110 4/10/14 Julie Zerwal Naples Florida 34110 4/10/14 Mika Mestek Naples Florida 34103 4/10/14 Nancy Draper Naples Florida 34110 4/10/14 John Edwards Naples Florida 34110 4/12/14 Joyce huber Naples Florida 34110 4/12/14 Nadia Edwards Naples Florida 34110 4/12/14 Richard Dever Naples Florida 34110 4/12/14 Jacki Ballard Naples Florida 34110 4/13/14 Martha Wurzel Bonita Springs Florida 34134 4/13/14 Gilles Poupart Bonita Spring Florida 34134 4/14/14 Matthew Judson Naples Florida 34110 4/14/14 Peter Seward Naples Florida 34110 4/14/14 Polly Judson Naples Florida 32836 4/14/14 Sara Fiebe Naples Florida 34110 4/14/14 Yvonne Seward naples Florida 34110 4/14/14 Dani Ross Evansville Indiana 47715 4/16/14 Georgiana Gallagher Naples Florida 34110-7671 4/16/14 scott jordan naples Florida 34110 4/16/14 Judy Zazworsky Naples Florida 34108 4/17/14 Yvette Mulryan Bonita Springs Florida 34134 4/24/14 Michael Seef Naples Florida 34108 4/26/14 Anne Lawson Naples 34110 4/29/14 '- Jeffrey Dennis Naples Florida 34110 5/4/14 Patricia Van Sciver Naples Florida 34110-3618 7/28/14 -3 Kim Carlson Naples Florida 34110 12/7/14 Rich Mack Naples Florida 34110 12/16/14 Carl Stendahl Naples Florida 34110 12/17/14 Clare Pohlman Naples Florida 34110 12/17/14 Doug Fee Naples Florida 34110 12/17/14 Eileen Reardon Naples Florida 34110 12/17/14 Elizabeth Tallman Naples Florida 34103 12/17/14 Katherine Updegrove Naples Florida 34110 12/17/14 Marilyn Stendahl Naples Florida 34110 12/17/14 Randy Hasty Naples Florida 34103 12/17/14 Milada Vegvary Naples Florida 34110 12/18/14 Susan Sterner Naples Florida 34110 12/18/14 Marlyn Powell Naples Florida 34110 12/30/14 Pat Bonser Naples Florida 34110 1/5/15 Patsy A Abbett Naples Florida 34110 1/5/15 Robert Klotz Naples Florida 34110 1/6/15 Jim Wydick Naples Florida 34110 1/10/15 Ellen Wright Mattaponi Virginia 23110 1/12/15 Meghan Kelly Naples Florida 34109 2/17/15 terry ketcham Naples Florida 34110 2/27/15 Jan Lindberg Naples Florida 34110 3/3/15 Comments Name Location Date Comment North Bay Civic Naples,FL 2014-03-26 WE CANNOT DESTROY ANYMORE OF OUR WETLANDS AND MANGROVE Association AREAS IN FLORIDA! Emily Kearns Naples,FL 2014-03-27 This is an important watershed area and wetland Joseph Wood Naples,FL 2014-03-28 A good faith agreement was reached in 2008 whereby the developer received certain benefits for leaving the golfcourse or greenspace Mike Shields Naples,FL 2014-03-30 I am in favor of growth,but also in favor of"controlled"growth.The owner of the property has every right to proceed and develop what was agreed upon.I feel the addition of now 280+units falls heavily in favor of the developer and upsets the balance that studied was embarced by the County and our representatives. Brana Kriegsman Naples,FL 2014-03-30 Saving our preserve is important to our environment and the animals who live there.We purchased our homes with the understanding that the preserve would never be touched MICHAEL GETTY IRONS,MI 2014-03-30 THIS UNTENABLE FLOOD HAZARDS.ABIDE WITH AND ENFORCE THE SETTLEMENT AGREEMENT. Herbert Bias Naples,FL 2014-03-30 We live in Wiggins Bay and do not want changes in the original plan. Lenore Fiskio Naples,FL 2014-03-30 I live in the development just next to the proposed change. The traffic on Wiggins Pass Road is already too heavy in season,and I am extremely concerned about the storm water runoff. Also,the developers have added 94 acres far from the site,just to be in compliance with the density issue. That shouldn't be allowed! David Kelly Naples,FL 2014-03-30 The 2008 agreement should be held or there will be more changes as time goes on.A deal is a deal. Joe Sambataro Edmonds,WA 2014-03-30 Stick to the original plan previously approved David Kennedy Naples,FL 2014-03-30 The original 2008 agreement reflects an important balance for this area. It should not be thrown away and drastically changed. This proposed change does not represent a balance,it represents letting a developer do what it wants wants to do. Our commissioners are supposed to be concerned for the welfare of where we live. I am a year-round resident. celia and lawrence tullio naples,FL 2014-03-30 Not beneficial to the community,only the developer Charles McGuire Naples,FL 2014-03-30 Maintain the balance between growth and nature.The property was zoned for a particular purpose and it should be used that way, Roseann Oscarson Naples,FL 2014-03-30 The original plan was significant and the deal was made. Changing the deal at this time by adding 280 additional homes should not be allowed. It will no doubt add additional burden to our community. Steve Page Naples,FL 2014-03-30 I own a boat slip in this area and the water habitat is very delicate. Adding more residential density and construction will only move our coast to be more like the east coast where a live mangrove tree will be a rarity. Gerry Cabot Naples,FL 2014-03-30 Overcrowding and overdevelopment is detrimental to the area and the overall community. Do not allow a change from the original plan. Anthony Vanarelli Naples,FL 2014-03-30 Over development doesn't help anything it only hurts...especially the environment.open space is something that should be preserved and enjoyed not developed. otti Name Location Date Comment kathleen donnalley Naples,FL 2014-03-30 Roads not able to handle this as well as preserving the greens and decreasing our home value. Should not be rezoned. That is why the zoning is the way it is to begin with. Constantia I Squire Naples,FL 2014-03-30 I worry about the traffic and the damage to the wetlands and environment. Mike Gogolev Naples,FL 2014-03-30 I strongly oppose massive development which will put extraordinary load on the already stressed urban ecosystem of Northern Naples.Overall,the area is on the brink of sustainability from the city planning perspective.The current balance of dwellings and wildlife will be gone.The additional load on the rainwater and sewer processing facilities will bring them to critical point.I am sure there are provisions for sewage increase but this will still increase the risk of wide-spread contamination in case of extreme storm or hurricane. Mike Gogolev P.Eng.,Ph.D. (Hydrogeology) zafer can paramus,NJ 2014-03-30 I want to preserve environment for the future generation Robert&Linda Naples,FL 2014-03-30 Need to stay with original agreement Bouwman kathy bellotti naples,FL 2014-03-30 way too much development going on,for all the wrong reasons...how would the developers like all this going on in their back yard? Trang Do Naples,FL 2014-03-30 Keep Naples the SW gem!!!! Dennis Johnson Naples,FL 2014-03-30 We purchased our home in 2012 with the understanding this property was to be a golf course. Allowing the developer to change the agreement at this point would be unfair to everyone who negotiated the original agreement and those of us who purchased in reliance on that agreement. Gilles Payette Naples, FL 2014-03-30 keep the environment green Dorothy Arnold Naples,FL 2014-03-30 I live next door in Tarpon Cove and this area can't handle that many units Rodney Marco Naples,FL 2014-03-30 Adding so many more residents will ruin the area and may suject my property to flooding. Gary Zera Naples,FL 2014-03-30 This would totally over populate and create safety issues on the road. Martha Boulanger Naples, FL 2014-03-30 The original promise must be honored. jon&kathy schroeder naples,FL 2014-03-30 to preserve dwindling natural areas Roberta Smith Naples,FL 2014-03-30 A deal is a deal....how many more deals will you give them without regard to the many detrimental consequences in this neighborhood? seatta layland Naples,FL 2014-03-30 Own unit on Wiiggins Pass do not want the additonial traffic from density housing. Martha Markwell Naples,FL 2014-03-30 Why should one individual company's greed be greater than thousands of residents'wishes? Protect our green spaces and quality of life. Michael Smith Naples,FL 2014-03-30 There will be a large negative impact to the coastal environment in the form of excessive traffic,potential flooding,degradation of inland and Gulf water quality from runoff due to excessive hard cover. Do not allow greed to change the Settlement Agreement. ROBERT T HUGHES NAPLES,FL 2014-03-30 284 HOMES AS ORIGINALLY APPLIED FOR IS MORE THAN SUFFICIENT USE OF THE LAND AND SHOULD BE AN AMPLE RETURN ON INVESTMENT;ANY THING MORE WOULD BEAN EXTREME DETRIMENT TO QUALITY OF LIFE IN THE SURROUNDING AREA. THERE WOULD BE ENTIRELY TOO MUCH ADDITIONAL TRAFFIC. THE STREAMS AND DRAINAGE DITCHES IN THE AREA CANNOT HANDLE THE ADDITIONAL WATER RUN OFF. Name Location Date Comment Kathleen Verderber Naples,FL 2014-03-30 A deal is a deal and forever is forever.If not then all developers will know that they can agree to something today and not be required to honor it tomorrow.A dangerous precedent. Chesley Oriel Naples,FL 2014-03-30 Because we purchased our Condo with the understanding of what would happen with the property across the street from us.Any change in the zoning will affect not only our enjoyment of the area,but also the value of our investment,for which we reserve the right to seek damages for if re-zoning is allowed. Gregory Minarik Naples,FL 2014-03-30 I purchased my condo in the Tarpon Cove Community with the full understanding and intent the Collier County Planning and Development Board authorized and approved a golf course as part of the Cocohatchee Bay Project profiling the land and its use as low density. I want to ensure the Collier County Commissioners adhere to the original Settlement Agreement(dated June 9, 2008)and not allow the developer to re-zone the area. I wholeheartedly and adamantly oppose and object to re-opening the Settlement Agreement. After all...A DEAL IS A DEAL!!! Meg Distler 2014-03-30 We invested in our condo with the belief that the County Commissioners ruling would be honored-especially by themselves. Manfred Schlebusch Naples,IL 2014-03-30 traffic issues must be expected with the only 2 lane roads surrounding the area in question Wayne Hemstead Naples,FL 2014-03-30 I moved to this area because it"wasn't"so over developed like the rest of.Naples. Terina Korda Naples,FL 2014-03-30 Neighbor Anthony Korda Naples,FL 2014-03-30 Neighbor John and Jill Garrett Naples,FL 2014-03-30 Traffic and Safety concerns are foremost on our minds. The Original Granted Plans were consistent to the development of the area. This High Density plan is not in keeping with the surrounding area. Please use sound judgment and deny their request to change from the original granted proposals. Hilda Glazer Naples,FL 2014-03-30 Preservation of wet lands and preventing flooding Bryan Wheelock Naples,FL 2014-03-30 The wetlands should be preserved,and developers should be held to the deals they strike,and not be allowed to come back time after time and upset the public's settled expectations. Douglas Newman Naples,FL 2014-03-30 I would like to see the golf course build.The agreement with the county should stand as approved in 2008. Ruth Keller Naples,FL 2014-03-30 Preservation of wet lands,preventing flooding and the issue was resolved in 2008,to the satisfaction of all,as I recall. Mark Dowgiewicz Naples,FL 2014-03-30 Live up to your agreement! Philip Vullo Naples,FL 2014-03-30 I fear the reason I moved to Naples is being changed to crowded metropolitan area that we wanted to avoid 14 years ago. There are too many developments within a small radius creating a"city"atmosphere,suchlike Smoak Vitek Naples,FL 2014-03-30 Traffic and loss of green space Edward Perry Naples,FL 2014-03-30 WHAT GOOD WILL ANY AGREEMENT BE IN THE FUURE IF IT CAN BE CHANGED AT ANY TIME? George Aronoff Naples,FL 2014-03-30 Concerned about traffic and storm runoff.Also,need to preserve wetlands and the species that inhabit them.That's why its called a preserve. � l� Name Location Date Comment jim sykora Naples,FL 2014-03-30 THE density is not was agreed to in 2009. Please stand by your commitments. The density change will impact our already heavy traffic flow. Can the county purchase the property? Jim Sykora Kathleen Raby Naples,FL 2014-03-30 a deal is a deal and we do not need any more traffic or loss of green space Robert Distler Naples,FL 2014-03-30 Traffic on Wiggins Pass Dianne Distler Naples,FL 2014-03-30 To stay in compliance with the Cocohatchee Bay Settlement Agreement and Release agreement dated June 9,2008. The decision made then should be honored. BRUCE BAKER NAPLES,FL 2014-03-30 Too often we see the raping of the land by developers not concerned with the impact of their actions. hubert vuillaume Naples,FL 2014-03-30 do not allow cocohatchee bay re-zoned Kathy Gagne Naples,FL 2014-03-30 This area is already crowded enough.I bought here in 2004 because only a golf course would be built.Traffic an congestion during season is bad enough, This is not necessary or needed here. norman lucas naples,FL 2014-03-30 we purchased our home with the understanding that the preserve would never be touched.If this were to pass will the developer be required to purchase my home at my asking price,so I can move from florida.do not let money rule this time.thank you, Jay Brandt Naples,FL 2014-03-30 First breaking a nogociated deal is wrong. Second,the increased traffic on Vanderbilt Dr and especially Wiggins Pass will cause real problems with our entrance. Third,the land between Tarpon Cove and Falling Waters was to be a low use maintence road only. Now they are planning tennis court and residenced. This is an awful plan. Carol Wheeler Naples,FL 2014-03-30 Vanderbilt Rd.,from Vanderbilt bch.Rd to Bonita Bch Rd. has/was in the process of becoming a"Greenway". There are enough obsticals and issues with that,let alone this re-zoning ideal!'rill mike waters webster,NY 2014-03-30 very concerned about traffic and congestion impacts of such a large addition to the area Richard J.Barry Naples,FL 2014-03-30 To maintain the ecological balance and quality of life Rosemary Braun Naples,FL 2014-03-30 The traffic would be impossible! Stephen Jones Naples,FL 2014-03-30 Congestion,Congestion,Congestion.Environment,Quality of life has to be more important than tax receipts. Randall Goetsch Naples,FL 2014-03-30 Re-zoning not appropriate.Stick to earlier Settlement Agreement. Edward Minkler Naples,FL 2014-03-30 Traffic on Wiggins Pass Road congestion. Fred Geitner Naples,FL 2014-03-30 It violates my sense of law and order Margie Minkler Naples,FL 2014-03-30 Preserving open space and conservation land is very important to me. Jeffrey Freeman Naples,FL 2014-03-30 Preservation is most important to me Thomas&Cythia Daly Naples,FL 2014-03-30 the area is already crouded enough with developments.There needs to be a balance between nature and developement and a deal is a deal... Claire Licciardi Naples,FL 2014-03-30 I lived in Cove Towers and have many friends there and also sell real estate there. I think it is important to follow the original plans as this is what the residents were told when they purchased in the area. The added homes will cause more congestion and have an environmental impact. 11 • Name Location Date Comment PAUL MACK NAPLES,FL 2014-03-30 There are many reasons that I am absolutely opposed to the requested re- zoning-FIRST,because this developer should live by its commitment to the Commissioners and the community;SECONDLY,because a golf course or open space is incredibly different to a busy subdivision,particularly for the wildlife that would lose their habitat;THIRDLY,because of the dramatic increase of traffic that would be expected as a result;FOURTHLY,because it would be a betrayal of trust by the Commissioners to the many people who bought in the area on the understanding that the greatest development would be a golf course;FIFTHLY,because the ink is barely dry and the developer is already trying to weasel out of an obligation it entered into willingly(presumably to develop other lands that it calculated had more value than the land it wishes to now re-zone. Suzanne Goeren Naples,FL 2014-03-30 Naples is a wonderful place to live and most of the people that call it home have been in business and know that a contract is a contract. To allow this kind of change is deplorable. Shame on the county and the developer! richard ryder naples,FL 2014-03-30 wigins pass rd and vanderbilt drive inadequate for construction and resident traffic Louis Hronek Naples,FL 2014-03-31 Insuficient road systems. Lisa Manos Naples,FL 2014-03-31 We too purchased with the understanding that the adjacent land would be a golf course. I suppose a developer has every right to pursue the most profitable use of land...however,as others have said,the Commissioners have an ethical responsibility to uphold their commitment to limit the development of this parcel,either leaving it as is or insisting the developers revert to their plan to build a golf course. And please...to state there is a decline in interest in golfing,just a lot of spin...build a great course and I'm sure members will join. Ashley Kennedy Naples,FL 2014-03-31 Please honor the original agreement! We're counting on the commissioners to protect a balanced quality of life in our community. Marie Cotignola Smithtwon,NY 2014-03-31 It is important to me because there would be a dramatic increase of traffic to the area. I bought in this area,because of the tranquility of having the preserve. Bill Connor Naples,FL 2014-03-31 If rezoned it will present the threat of excessive density,population congestion, excessive traffic,increased noise levels,and highly concentrated air pollution from petroleum fueled engines of several varieties. Jacqueline Mack Naples,FL 2014-03-31 Many people bought at Tarpon Cove with the assumption that the original commitment would be honoured.We saved our money,bought a place for our retirement and expected that what we were told was not a lie.We feel betrayed and discouraged.Traffic and environmental concerns as well. Fred Neri Naples,FL 2014-03-31 The infrastructure cannot support the additional residents that this project would add to the roads. Mark Godecki Naples,FL 2014-03-31 This area has natural beauty,vegetation and animal life,once destroyed by overdevelopment it will be lost forever. Karen Gibson Naples,FL 2014-03-31 When I first purchased my condo in North Naples I was led to believe the Cocohatchee Bay Area was zoned to be used as a golf course and not more residences! It would be a travesty if this developer is allowed to change the plan for purely financial gain. I would certainly hope the Collier County Board of Commissioners would NOT allow this Settlement Agreement to be approved. 0 I(t) Name Location Date Comment Bruce Burkhard Naples,FL 2014-03-31 When the developer was granted approval for his very intense project, including one tower higher than should have been permitted,he agreed that he would essentially leave the east side of Vanderbilt Dr.as green space by only constructing a golf course on it.Years have passed and the developer now wants to renege on that promise and is asking for a second bitet of the apple while keeping what he already has.The County needsd to put a stop to these types of builder shenanigans.Either keep the project as was approved or make the developer go through the whole approval process again. Richard Dingfelder Naples,FL 2014-03-31 Stand by original agreement Eduard Chvatal Naples,FL 2014-03-31 Do not touch this nature and increase density William Gutherie Naples,FL 2014-03-31 It's too natural and beautiful to mess with. This area is such a jewel. Please don't allow this to change. richard dahlstrom naples,FL 2014-03-31 this was not what the property was to be used for i have no objection if it is used like it was approved for Rita Donnelly Naples,FL 2014-03-31 1)`*Traffic. 2)Encroaching on the preserve;by developing land which should be left for wildlife. 3)General quality of life-by putting a high density complex in a relatively low density area. Claudia Greenleaf Naples,FL 2014-03-31 My property is connected to this area.The population reported for the east side of Vanderbuilt is too dense.The number does not include the residences in the senior community.Traffic on Vanderbuilt will filter to a two lane bridge,the build up in both directions will be terrible and block the light at Wiggins Pass.Our community,Tarpon Cove waited for non-potable water to be available for irrigation,we spent$800,000 to establish a system to receive non-potable water,saving our community$100,000 per year.Now the county has told us to cut our usage by 25%.There is not enough volume to handle any more usage in the area. Hence,potable water consumption will be increased.SWFWater Management established the lay out of our community so the natural water flow is not disrupted-I am concerned about the flooding and run off into the creek that separates the properties.I believe Tarpon Cove will experience flooding along the creek. John Godfrey Naples,FL 2014-03-31 The original agreement must be upheld for the protection of the enviorment and the commitment made to the residents of the area. sylvia Chvatal-Herbert Naples,FL 2014-03-31 let the nature stand.Naples was a green zone when we came for the first time,;now it is getting crowded with concrete buildings and shopping centers on every corner.Too much,too much.Animals are loosing their inhabitats and getting killed more and more on the roads.Green,oxygen are the future of our children.I am already ashamed of myself for purchasing in a high condominium which took on the nature.WE MUST STOP IT AND USE WHAT WE HAVE. Richard McKenna Naples,FL 2014-03-31 I bought in the area on the promise that there would be no major additional residential development in the immediate area and believe in green space and conserving the Cocohatchee Bay. Nancy Quinlan Naples,FL 2014-03-31 At what point is the loss of conservation land more important than development?Once an irreplaceable parcel of land is developed there is no going back. Places like The Cocohatchee Bay are why visitors come to south Florida,not to see another development. Furthermore,do we really want to send the message that agreements are not really binding? What does approving this change do to the trust the voters/residents put in their representatives and government? Nancy Nodell Naples,FL 2014-03-31 Will result in traffic jams and lowering of property values Robert Stewart Naples,FL 2014-03-31 It will result in an over concentration of the area. Name Location Date Comment Mary Stewart Naples,FL 2014-03-31 The area should remain preserve as stated in the 2008 decree. E.Michael Semple Naples,FL 2014-03-31 Bad precedent set if developer is permitted to essentially void the 2008 agreement. In the future the County will no longer be able to rely on the enforceability of any agreements made in good faith. DONALD GRAY NAPLES,FL 2014-03-31 The area will become overcrowded and traffic will be too heavy. Joann Vullo Naples,FL 2014-03-31 What good is an agreement if it can't be upheld Joy Feldman Naples,FL 2014-03-31 I want to preserve as much of the natural terrain,flora and fauna as possible, and limit as much as possible the impact of more people moving into the area. I am concerned about the increased traffic and loss of bird life and wild life. Philip Fitzpatrick Naples,FL 2014-03-31 this is vitally important to the whole area of Cocohatchee and needs a transparent process and the honoring of existing agreements relates to the honoring of existing agreements Anne Prignano Naples,FL 2014-03-31 The increase in traffic will be to great for Vanderbilt Dr&Wiggins Pass Rd Peter Jones Naples,FL 2014-03-31 We bought in this less-populated area of Naples knowing that large plot of land across Wiggins Pass would remain forever golf or natural. James Soucek Naples,FL 2014-03-31 The amount of traffic on a two lane road and the density of the number of homes and people entering our area Garry Noonan Naples,FL 2014-03-31 This re-zoning can potentially give rise to developments that can be harmful to the Cocohatchee environment,including the Manatee's,Dolphins and all of the other wildlife. Lee Markwell Naples,FL 2014-03-31 Rezoning and increasing density will greatly impact the value of my home in a negative way. Paul Fitzgerald Naples,FL 2014-03-31 The original agreement was made in good faith by the developer and Colier County.The agreement should not be changed. Jim Kuras Naples,FI,NE 2014-03-31 The deal was done and approved some time ago. We are not ready to change any part of it. Bruce Chesnut Naples,FL 2014-03-31 We just don't need more boat traffic on Wiggins Pass,certainly not more docks. There are a lot of empty docks there now,and the price has dropped over the past few years. The proposed location for the new docks will narrow the water way too much. william nolan nyc,NY 2014-03-31 Make them honor their agreement SANDRA HADLER NAPLES,FL 2014-03-31 Betrayal of trust by the Commissioners Frans Ronsholt Naples,FL 2014-03-31 A golf course with surrounding houses is very different from a dense development with negative implications for,wildlife and traffic.Let the developers stand by the 2008 deal which was the basis for many of us buying into the area since then. Susan Hennesy Naples,FL 2014-03-31 This is a wildlife preserve backing up to our home. Its original intent was for a golf course,or to be left as a preserve. Additional structures in that area would create too much traffic and congestion. It was only open to Golf Course. Joan Docktor Naples,FL 2014-03-31 I oppose any changes to the existing use.It would cause less green space and water issues for all of us to have to deal with so that a developer can profit. Doris Jones Naples,FL 2014-03-31 Environment,Congestion Judi Paley Naples,FL 2014-03-31 When we bought in Glen Eden,it was with the assurance that the land next to us was to be a golf course. Since we bought,we have seen Aqua build and Vanderbilt Dr has become a high traffic area in season.We moved farther out • to enjoy our natural beauty.We drive more distance to preserve this.PLease do not break your legal word! 0-X0 Name Location Date Comment Jackson Cussons Naples,FL 2014-03-31 We agreed in 2008,I oppose any changes Gary Mulligan Naples,FL 2014-03-31 The approval on file should be honored to protect the"green"space. Margaret Ross Naples,FL 2014-03-31 The amount of traffic already in this area is too much.To add more would absolutely spoil the beauty and the naturalness that is here.Why create another Miami? Con Norman Naples,FL 2014-03-31 Increased density means much increased traffic and the eventual changes resulting from that.The original zoning and permission for a golf course or other green use is all that should be permitted! Mary Moskal Naples,FL 2014-03-31 To: Collier County Commissioners STAND BY THE JUNE 9TH 2008 SETTLEMENT- DO NOT ALLOW THE DEVELOPER TO RE-OPEN THE COCOHATCHEE BAY PUD A DEAL IS A DEAL Sincerely, Mary Moskal Carolyn Saxton Naples,FL 2014-03-31 An agreement was reached and signed by former county commissioners on this property. Current commissioners should follow the agreement as originally approved. Carol Grant naples,FL 2014-03-31 I do not like our land to be a concrete jungle,please keep our west coast green. Mariann Coyle Naples,FL 2014-03-31 To keep the integrity of the area And the beauty that lies within that natural open space. We need to be more thoughtful about preserving these green spaces. Sue Clifford Naples,FL 2014-03-31 We need to savor our natural beauty,and preserve our greenspace. We do not want to be known as other'concrete city'Our wildlife need these preserves to survive....We do not need more housing in this area.Look at Aqua...it's has only a few occupied units. We have 2 assisted living facilities within walking distance of each other on Vanderbilt Dr.And we do not need more traffic on Wiggins and Vanderbilt!!!! Help keep us beautifullff"1f!IITIil Linda Jefferson Naples,FL 2014-04-01 We specifically chose Princeton Place because of the limited future development adjacent to the property. Please do not sell out to the developers and allow the Cocohatchee Bay area to be re-zoned.Keep your promises!!! Richard Donnelly Naples,FL 2014-04-01 Direct traffic impact. Protecting the surrounding preserve. Overcrowding with residences. Gene Lewis Naples,FL 2014-04-01 I live here.To much growth Thomas Whatley Naples,FL 2014-04-01 Original plan was approved and should not be reopened to allow for changes that would reduce greenspace to accommodate increased density Monica Feredjian NAPLES,FL 2014-04-01 too much traffic,impact on the environment,increased risk of flooding,less green. Gillian Packwood Naples,FL 2014-04-01 I oppose this rezoning,traffic congestion,density,green space Richard Heidrich Naples,FL 2014-04-01 An agreement was made a few years ago and must be adhered to. If not, Collier commissioners will not be representing the county citizens. Salvatore Marici Naples,FL 2014-04-01 As of now,traffic to high for cars,bikers,and joggers and we need to preserve what little natural habitat is left.Development will make everything worst. William J.Bryzgalski Naples,FL 2014-04-01 To maintain the existing landscape as we know it today and to insure our quality of life. constance m hendrzak naples,FL 2014-04-01 Too much congestion will be added to area. Da\ Name Location Date Comment Madeleine Gardner Naples,FL 2014-04-01 concerned about environment,especially water&traffic. Jacques St.Julien Naples,FL 2014-04-01 Traffic jams on Vanderbilt and Wiggins Pass will occur,dangerous in case of Emergency Evacuation Increased risk of flooding Increased cost for the County john briskey naples,FL 2014-04-01 traffic and density James Martin Naples,FL 2014-04-01 Traffic considerations and water issues. Marcia Fairbanks Naples,FL 2014-04-01 habitat degradation donna wilson naples,FL 2014-04-01 density,traffic and congested area of what is now tranquil environment Susan Gfeller Naples,FL 2014-04-01 I would like to see the quality of the area kept as is,with the natural beauty of the foliage,the mangroves and a manageable amount of people. An agreement was given to the developer based on keeping the Northeast corner of Wiggins Pass either greenery or a golf course to now want to renegotiate is a travesty. If in fact they want to negotiate the five towers should also be taken off the plan. The new density that is proposed will jeopardize the quality of life around this corridor. Too many people for the infrastructure and too much density for the natural habitat of vegetation as well as wild life. The presenters have not factored in the number of elderly in their number so it will be much higher than stated. This will cause existing market values to go down and be a hardship for the existing owners. Also this developer owns the mangroves between Pelican Isle and the Dunes. Who is to say that he won't want to build on that in the future. Once one starts giving in to these demands it is a downward spiral and a detriment to the area. This is a travesty and should be stopped immediately. Dinah Rosenthal Naples,FL 2014-04-01 I live here! Robert H.Thomas Collier County,FL 2014-04-01 Issues include: 1.Increased traffic density and lack of reasonable traffic amelioration provisions, 2.Increased population density,especially near proposed high-rises, 3.Depreciation of existing low-rise propoerty values, 4.Disconnected preserve provision,which should include at least part of currently proposed golf course, 5.Inadequate neighbor consultation:the first meeting was an insult. anne fitzgerald Naples,FL 2014-04-01 We have changed and decimated the natural flow of Florida waters long enough. Please leave this water way alone. Norman Stern Naples,FL 2014-04-01 I live next door. Virginia O'Toole Naples,FL 2014-04-01 Existent 2 lane Wiggins Pass Rd.potential monumental traffic problems. Devaluation of neighboring real estate property.Over crowded,over built,lack of open space Steve Richmond Naples,FL 2014-04-01 The nature of agreements is that they don't change.I don't understand why this is being considered. Name Location Date Comment Susan Snyder Naples,FL - 2014-04-01 Re-zoning Cocohatchee Bay is not in the best interest of the community at large.There was much debate and expense invested in the 2008 agreement between the County Commissioners and Lodge/Abbott Associates. The existing PUD mandates that if the golf course idea is abandoned,the land"-- except for two single-family homes allowed there--'shall remain forever as green open space,'dedicated to boardwalks,bicycle paths,drainage or a lake, nature trails,a wildlife sanctuary or other similar uses in its PUD."Naples Daily News-March 14,2014 Now,Lodge/Abbott Associates has determined"The market demand for golf in Collier County and nationally is not what it once was."(quoted from Richard Grant,Lodge/Abbott's attorney).In order to make as much money as possible off the land at Cocohatchee Bay,the developer desires to eliminate a$3 million payment to the county's affordable housing trust fund,eliminate the golf course, add 94 acres,and build 280 homes.What happened to the promise they made to the community and the County Commissioners? Re-zoning the property and granting a new PUD to Lodge/Abbott Associates would cause many problems for the existing community.There is no infrastructure to support the additional traffic and other effects that a greater density development would create.If changes are permitted,existing green open space will be lost,water flow will be adversely affected,and residents will continue to lose faith in any promises made by developers. James Andraitis Naples,FL 2014-04-01 While golf course developments have waning market appeal,walking and biking paths are increasingly appealing.Surely Lodge/Abbott can figure out a way to market to prospective hi-rise condo buyers the natural attractiveness of having their own walking and biking paths through their own private preserve. The settlement agreed to only 6 years ago should remain as is. David Wickster Naples,FL 2014-04-01 The settlement agreement of 2008 protecting the area from over population and resulting congestion is one of the greatest reasons we have continued ownership in Tarpon Cove. Now that I am one year from retirement I learn that the agreement may be trumped by big money. Very disappointed if this happens not only for us but for many owners that placed their faith in an agreement. Frank Holterhoff Naples,FL 2014-04-01 Traffic---Flooding Kathleen Robbins naples,FL 2014-04-01 Please do not approve any amendments to the 2008 settlement agreement. County Government(read:the BCC)is just now regaining some degree of credibility that they really do represent us,the taxpayers of Collier County. • Don't destroy this credibility by allowing the developer to revisit the agreement that they made with us in 2008. J T Leonard Bonita Springs,FL 2014-04-01 Traffic,congestion,high rise height Eagle nesting,Need golf course not housing of this magnitude Nancy Carroll Naples,FL 2014-04-01 We don't need more traffic,stress on the infrastructure,and turning into Miami. James Snyder Naples,FL 2014-04-01 To allow more housing in that area would stress the infrastructure some more. The highway there is two lane.It is one of the few places left around Naples that does not have high density housing.PLEASE do not allow this area to be re-zoned.The developer knew what he was getting when the original PUD was made.It should not be changed!! Jackie LeCompte Naples,FL 2014-04-01 i do not want more condos being built and disturbing the coastal waters near the river and the habitats for wildlfe and birds. Eberhard Hecht Naples,FL 2014-04-01 Collapsing Traffic and Beach-right now there is not enough parking space!!! Name Location Date Comment Birgit Hecht Naples,FL 2014-04-01 Beach Collapsing! peter duggan naples,FL 2014-04-01 The area grew at 5%plus this quarter,southern florida neds a breather from more development and this was already discussed and resolved once.Don't let big developers intimidate the county commissioners. David Sandler Naples,FL 2014-04-01 Many enviromental concerns and traffic and evacuation routes will be a major problem. Roy alien Naples,FL 2014-04-02 Property owners Clyde Smith Naples,FL 2014-04-02 They knew what they were signing initially,so they should abide by their decision to allow green space IF the golf course is not developed. Martine LARCHE Naples,FL 2014-04-02 This area is one of the only natural preserved zones left in the sector.There are other areas where development can me planned without damaging the fragile ecosystem. Michael Dillon Naples,FL 2014-04-02 Property owner adjacent to Cocohatchee Bay PUD.propose amendment to 6/9/2008 settlement agreement will adversely impact property value and quality of life. William Roberts Naples,FL 2014-04-02 Traffic.Conservation Richard Schnabel Naples,FL 2014-04-02 Goes against what was originally agreed to and the reason I purchased in Cove towers. philip bonser naples,FL 2014-04-02 Knowing the Cocohatchee bay area was designated reserve(or at worst a golfing area)was instrumental in my original decision to purchase.To use it for any other purpose would be reneging on its promise. Mauro Romano Naples,FL 2014-04-02 Please do not allow overbuilding to alter the already precarious balance of nature.Preserve the Cocohatchee River Bay,thank you. John Ungashick Evanston,IL 2014-04-02 We own a condo nearby Sally Ingle Naples,FL 2014-04-02 Traffic on Wiggins Pass and quality of life Charles Ingle Naples,FL 2014-04-02 Traffic on Wiggins Pass and quality of life Meghan O'Neil Naples,FL 2014-04-02 My husband and I lived for 14 years just down the street from this land. We remember the effort that went into the original settlement. It seems to me that this is just another issue of big developers flexing their muscle and connections to ride over the average person's needs and concerns. If government,either local or statewide,continues to ignore the voters and caves to the powerful and deep pockets special interests then the growth of cynical voters will continue to increase. This may be a small thing to the Collier County Commissioners but it is big thing to people like myself.This is just another attempt to over develop a beautiful piece of land in order to line the pockets of a few at the expense of the rest of us. Shame on them making us fight this all over again.As our elected officials you need to 1)keep to the original agreement and 2)protect us from this attack.Furthermore,more homes west of 41,which is in the mandatory evacuation area in the case of a hurricane,is counter intelligent.As scientific research reveals the increasing danger of living that close to the Gulf during a hurricane,our government should be doing more to promote development away from that fragile area. dennis gavelek naples,FL 2014-04-02 I OPPOSE re-zoning the Cocohatchee Bay Lynn Rolfsen Sloneker Naples,FL 2014-04-02 Believe in Zoning Karen Wasko Naples, FL 2014-04-02 I don't want further disruption of the mangroves to the detriment of wildlife Raymond Marra Naples,FL 2014-04-02 a deal is a deal.we don't need more concrete,we need a sustainable balance with nature and wildlife.let's keep the green. Name Location Date Comment Ernest Davey Naples,FL 2014-04-02 The PUD was already approved In 2008,do not change it.There would be to many homes for the area. william slonaker naples,FL 2014-04-02 traffic and safety/ lets preserve some of the real FL in our neighborhood. green space Harold Linnerud Naples,FL 2014-04-03 They cannot go back on an already finalized agreement! Donna McKenna Naples,FL 2014-04-03 area already too congested can't support that many new residences Anna Gentile Gloucester,NJ 2014-04-03 Please,please,please do not re-zone this area.You will start making us look like Ft.Myers!! Wanda Riddle Naples,FL 2014-04-03 We need to preserve green space along the coast. It was settled,let it remain so. Walter Evans Naples,FL 2014-04-03 Commission should stand by their decision and avoid"super saturation"of housing and undue pressure on infrastructure. Edward Weilhoefer Naples,FL 2014-04-03 High density,too much traffic for the area Jack Orcutt Naples,FL 2014-04-03 Traffic and beauty of the area.If the plan is followed through we will move out of the Naples area. Jane Cheffy Naples,FL 2014-04-03 We need to protect our natural resources,and changes in the zoning of the Cocohatchee Bay PUD will be detrimental to our pristine waterways. Paula Taylor Naples,FL 2014-04-03 Wiggins Pass can not support that amount of traffic for additional homes. Sally Giglio Amherst,MA 2014-04-03 Safety,traffic and preservation of open space. Thomas Hanna Naples,FL 2014-04-03 Property owner,live up to the deal you negotiated! Roger Clapp Naples, FL 2014-04-03 Collier County granted the developer he right to build a golf course-and the community at large supported it.Now,the developer has changed its mind and the community should be allowed to declare that change invalid. Robert McCaughtry Naples,FL 2014-04-03 Permit no changes to original density!!Enough is enough. Ruth Rittermeyer Naples„FL 2014-04-03 We live on Big Turkey Bay that flows into the Cocohatchee Bay that then into the Gulf. The rezoning would allow more traffic on Wiggins Pass Rd.and Vanderbilt Drive. These Roads can not accommodate high traffic. Louise Ojeda Naples„FL 2014-04-03 This is my neighborhood and we bought here and love it here because of the green unspoiled areas. David Brown Naples, IL 2014-04-04 Higher density will increase local traffic and decrease existing condo unit property values. Margaret Manna Nap;eszoning should be 2014-04-04 This neighborhood was protected in the past and that protection against the honored.,FL rezoning must be honored.This is our neighborhood! Beverley Creelman Naples,FL 2014-04-04 More traffic Edward Schiffer Naples,FL 2014-04-04 The developer negotiated a higher density on the west side of Vanderbilt Drive in trade for no development on the east side. Now we are faced with four towers,looking much like the overdevelopment of Miami-Dade and Broward. How about a trade off: one less tower and lower heights for the remaining three on the west side for the right to put single family homes on the east side. Carole Wielosinski Naples, FL 2014-04-04 I am concerned about the high density impact of so many people on the infrastructure and environment of this area which is so close to the Gulf mangroves and waters. James Sanchack Naples,FL 2014-04-04 The original decision was best for the community at that time and remains so today! John Findley Bonita Springs,FL 2014-04-04 Too much traffic on 2 lane roads.Too densely developed and populated. Name Location Date Comment Debra Sinkage Kitty Hawk,NC 2014-04-04 Over crowding streets and over crowding of people Donald Livingston Naples,FL 2014-04-05 The infrastructure in this area does not support such high density. Ian Charik Naples,FL 2014-04-05 Over populations for the community and services provided Barbara Van Dorn Bonita Springs, FL 2014-04-05 There is already an agreement on file and the negative impact of such a development on our neighboring lifestyle and the environment would be a major detriment. Michael Moritz Naples,FL 2014-04-05 Preserve the beauty of the river and gulf John E.Ahern Naples,FL 2014-04-05 Roads inadequate and overall congestion Amy Allen Naples,FL 2014-04-05 We live here.There is no way Vanderbilt road can handle the traffic.Don't put us in danger. Amy Allen Elizabeth Redfield Naples,FL 2014-04-05 I feel that this will adversely impact boat and car traffic congestion and create unsafe situations. Don Allen Naples,FL 2014-04-05 Do not think that the original settlement should be reopened..Zoning laws in the area should remain in place and not changed. Nina Smith Naples,FL 2014-04-05 An Deal is a deal and we do not want more congestion in this neighborhood. Hard enough to get home to Gulf Shore Drive with parking garage traffic on Vanderbilt Beach Road and Wiggens State park at end of Immokolee which backs up traffic to Vanderbilt Road. William DEWITT Naples,FL 2014-04-05 Ecological balance Robert Smith Naples,FL 2014-04-05 This is my neighborhood and I am a registered voter who is opposed to any revisions to the original agreement. I want my voice heard! LEE DEWITT naples,FL 2014-04-05 iSN'T IT OBVIOUS. Iris Schumann Naples,FL 2014-04-06 it would be a change for worse bonnie frus naples,FL 2014-04-07 property value and traffic robert wright jr naples,FL 2014-04-07 I have lived here 40+years and we must preserve something!!! Debra Ludgate Naples,FL 2014-04-07 An agreement is in place and the original agreement should remain intact. You just can't change something because you want to. joseph boyle naples,FL 2014-04-07 I live nearby. Helen Kreller Naples,FL 2014-04-08 Once it is developed can NEVER be returned to nature Joyce Robertson Malvern,OH 2014-04-08 We believe the proposed development will have negative impacts on the adjoining communities-including possible environmental damage,unsightly overcrowding and traffic congestion on Vanderbilt Drive. Mary Hough Naples,FL 2014-04-08 The Bay and Estuary are essential to the wildlife that makes this area so special. There is plenty of housing available to those who want to move here and share the environment we all should treasure. Mary Jo Bovich Naples,FL 2014-04-08 green space James Saitz Bonita springs,FL 2014-04-08 I am an equity member and owner of a slip at Pelican Isle Yacht Club. Sharon Whipple Naples,FL 2014-04-08 We purchased our condo in Naples with the understanding that eventually there might be a golf course replacing our current view of a lake and preserve. We would never have purchased this property if there was a chance that a housing development would ruin our view. There have been panther, bobcat,and deer sightings behind our property but these would disappear with a new housing development. Please do not allow the developer to re-open the Cocohatchee Bay PUD. Name Location Date Comment Jack Rayman State College,PA 2014-04-08 I am concerned about the impact of this proposed development on Tarpon Cove in terms of drainage,traffic,and aesthetics. David Stork Naples,FL 2014-04-08 David Stork,Naples,Fl. We believed when we purchased our Falling Waters condo the Preserves and Land usage agreements were settled and not to be renegotiated.Water and Wildlife were to be protected.I am very much against any change in these Agreements! Joy Taylor Naples,FL 2014-04-08 It is just what the local Property Tax Payers want It is also an Oasis for Local wildlife that should be given a reprieve for ever in this area Tom Lawson Naples,FL 2014-04-08 We value the beauty and ecology of our local community area.Damage to such a sensitive area can never be reversed. Philip Morrison Naples,FL 2014-04-08 To: Collier County Commissioners STAND BY THE JUNE 9TH 2008 SETTLEMENT- DO NOT ALLOW THE DEVELOPER TO RE-OPEN THE COCOHATCHEE BAY PUD A DEAL IS A DEAL Sincerely, Philip W Morrison Charles Thomspon Naples,FL 2014-04-08 We own ion the neighboring property Falling Waters Preserve North Condominiums. The development expansion would create to much traffic and development in the neighborhood. We object to reopening the settlement agreement. David lanuzi Naples,FL 2014-04-08 We live adjacent to the originally approved golf course and we are concerned with the drainage&overflow of the creek and also we are concerned with the traffic on Wiggins Pass which is an unlighted two lane street. Laurette Kovalik Naples,FL 2014-04-08 What is the penalty if a contract is broken? Steve Whipple Naples,FL 2014-04-08 The wildlife impacted and the property owners adversely affected needs to be considered before the profits of yet another developer.Nearby residents are looking at years of trucks and noise accompanied with a loss of property value. We all purchased with the expectation of no development so close.The deer and panthers we enjoy will certainly be obliterated. GLORIA TRINKA NAPLES,FL 2014-04-09 PLS.DON'T DO THISHIll Kathy Budka Saint Clair Shores,MI 2014-04-09 I have owned in Falling Waters North Preserve since 2001. I bought with the understanding that the preserve was protected and would not be developed. This is wrong.Do not allow additional changes to the PUD,Already there has been a huge decrease in the amount of wild life that we see.Further development in excess of what was decided in 2008 should not be allowed. Philip McCabe Naples,FL 2014-04-09 This directly impacts my quality of life.I believe in resident participation in any development projects in Naples,Fl. Jim Barkley Naples,FL 2014-04-09 Developers should not be allowed to renege on settle agreements. Should court approval be sought to reopen this agreement? Deborah Trinka Naples,FL 2014-04-09 We need to stop taking from nature--Naples is built up enoughm Charles Trinka Naples,FL 2014-04-09 Why not? Michele Blazina Naples,FL 2014-04-09 wildlife Name Location Date Comment David Novak Naples,FL 2014-04-09 It seems to me that when a deal is struct by our government body it should be set in stone to support the integrity of.the agreement.I anticipate that the golf course was a bargaining chip in getting the multiple high rises agreed to and thus those buildings will be acceptable in perpetuity. I also believe that if the golf course goes away then only green space should prevail. If the green space was to be converted into dwelling housing either of and individual nature or into a bundlled senior housing design the addition volume of cars and traffic which would develop would be insurmountable for the streets that are presently in place as well as the ground water issues that would present themselves with all the new structures in place. I would think that Wiggins as well as Vanderbilt would have to be increased to two lanes in each direction to accommodate the increase in between 1500 and 2000 additional cars.And how would we design the newly built bridge that is presently south of the park to handle the volume of traffic?Let's have some property that remains independent when agreements are made from the influences of big developer pressure which always fosters the tax dollars that government tends to soften to. Bruce Smith Naples,FL 2014-04-09 It will severly impact an already polluted ecosystem Jack Hultstrand Naples,FL 2014-04-09 Traffic and Pedestrian safety on Wiggins Pass Rd Teresita LeBeau Naples,FL 2014-04-09 Protection of wetland,mangroves,and environmental reasons. Joseph LeBeau Naples,FL 2014-04-09 The plan is against the original zoning plan. robert spellman naples,FL 2014-04-09 We do not believe it is fair to many people like ourselves who purchased a home based on the fact that an agreement was in place to protect the Cocohatchee Bay environment from additional development that would impact all of us in a negative way. Howard Joondeph Naples,FL 2014-04-10 Don't need more development in that area,already too dense. Leonard Bregar Naples,FL 2014-04-10 To keep our community quiet. Carol Shawhan Naples,FL 2014-04-10 i wish for this area to remain a preserve/green space. Amanda Hronek Naples,FL 2014-04-11 Environment traffic safety more land taken is a step in ruining the very things people come to Florida to enjoy!No more!Honor the 2008 agreement! Richard Dever Naples,FL 2014-04-12 It's at my back door.And could be a flooding hazard John Edwards Naples,FL 2014-04-12 Why should a court ruling be changed just so that a Builder can make a large profit to the detriment of all the people living in the communities surrounding the project? Jacki Ballard Louisville,CO 2014-04-13 Neighboring property-this will affect our property AND make traffic horrific. Gilles Poupart Bonita Spring,FL 2014-04-14 Leave it as it is John Kegaly Willowbrook, IL 2014-04-15 Open space is precious and this debate has already been settled. To change it would create intusion on the open space that has been deemed to be appropriate for the development. To cram the property full of more housing and not keep open space with golf course as currently zoned would be detrimental to all of the neighboring property owners with reduced property values and substancially more traffic and reduction of natural habitat. Name Location Date Comment scott Jordan naples,FL 2014-04-16 My wife and I have been owners of a condo in Princeton Place since 2005.We loved it so much that we purchased another condo in Cove Towers in 2008.Since 2005 we were told of the purposed development of a golf course on the adjacent property.We were excited and accepted this plan.We would ask that the plan does not change from the original golf course.As you know, increasing the population on this property would be a big mistake as the roads are not built to accommodate the influx of traffic.On a selfish note I believe this will reduce the value of the properties I have decided to invest in which are still off their highs.Inventory in the area is still high,look at Aqua they are still selling new condos after going through bankruptcy.The area is coming back but adding these units to the current inventory will put us in an economic tail spin.We sincerely believe Lodge/Abbott are playing the County for fools.We believe they never had the intention to build a golf course but rather use this agreement to build more un-needed condos on their time frame.When attending their meeting about a month and a half ago they were suggesting this is already a done deal again showing how deceptive they can be.We are opposed and object to re-opening the Settlement Agreement made between Collier County and Lodge/Abbott on June 9,2008. Sincerely, Scott and Cindy Jordan 360 Horse Creek Drive and 420 Cove Tower dr. Naples,Florida 34110 Ina Kacani Naples,FL 2014-04-21 Re-zoning would be breaking a contract which people relied on when buying surrounding properties. We don't need deceit in our local government. Michael Seef Naples,FL 2014-04-26 The proposed density is much too high for the area.The golf course would enable water savings in the acquifer and the developer is not keeing their word on golf or low income housing.Do not appprove these trangressions. Name Location Date Comment Anne Lawson Naples,United Kingdom 2014-04-29 Please register my opposition to the rezoning of the Cocohatchee Bay issue. I REQUEST THAT COLLIER COUNTY STAND BY THE JUNE 9TH 2008 SETTLEMENT- DO NOT ALLOW THE DEVELOPER TO RE-OPEN THE COCOHATCHEE BAY PUD A DEAL IS A DEAL. Collier County and the developer agreed a deal to limit the environmental impact,and allow controlled development-this should stand as many people have based their decisions on where to live'safe'in the belief that future development was limited and agreed. Since the original deal in 2008,we all have a greater understanding of the environmental issues associated with heavy development,the loss of important eco-diversity and for us humans the impact in hurricane season by changing the landscape and removing the protective mango groves,waterways and hard landscaping water run off areas. This is an area of precious natural integrity,we don't want it lost&damaged forever. Sincerely, Anne Lawson Jeffrey Dennis Naples,FL 2014-05-04 As a resident of the area,it would be disastrous to increase the number of people in an already densely populated area Donald Nunes Naples,FL 2014-12-16 Preserve this site Doug Fee Naples,FL 2014-12-17 Everyone knows why I signed this! Diane Rupnow Lincoln,NE 2014-12-17 The terms of the 2008 settlement agreement known as the Cocohatchee Bay PUD should not be subject to change. The developer was granted permission to build towers into the sky in exchange for his promise that the land along Vanderbilt Drive and Wiggins Pass Road would be developed as a gold course OR STAY FOREVER GREEN AS A PRESERVE. Many of us bought our homes in Glen Eden on the Lakes neighborhood because of the adjoining preserve. We value the appearance of the natural habitat and the wildlife it protects.This fall I was shocked and saddened to see how this developer totally destroyed the preserved land on west side of Vanderbilt Drive. Please drive by there and take a look at this current building site. Then turn to the right and imagine the same devastation on the east side of Vanderbilt Dr.running all the way up to Tarpon Cove on Wiggins Pass Road. No doubt the 2008 agreement would NOT have been signed if these current proposals had been on the table. A deal is a deal and the definition of"forever"has not changed. Please do not allow this developer to go back on his word and destroy our neighborhood any further. Marilyn Stendahl Naples,FL 2014-12-17 This issue was settled-and the developer should honor what was agreed upon at that time. Carl Stendahl Naples,FL 2014-12-17 I oppose the re-zoning of Cocohatchee Bay area. This developer got all he asked for,and more when the present PUD was approved. The density is already too high with the five new towers being constructed. Additional residences will only make this problem worse. Eileen Reardon Naples,FL 2014-12-17 Bad for the enviroment,Too many homes being built there at that location Carole Wielosinski Naples,FL 2014-12-18 Adding more units would cause too high of population density for this area. Dap Name Location Date Comment Susan Sterner Naples,FL 2014-12-18 I donot want this project in my Community Martyn Powell Naples,FL 2014-12-30 The proposed amendments will damage the environment and detract from an area of outstanding beauty. Margaret Ross Naples,FL 2015-01-05 I oppose and object to any change in the zoning and of the property,the subject of the agreement referred to as Cocohatchee Bay,PUD Pat Bonser Naples,FL 2015-01-05 I purchased this property understanding that the area would remain green- there is just too much development in North Naples and this has to stop— Naples can only accommodate so many residents... Naples population must be curbed and the only way to do that is to stop the developers-Naples cannot become a concrete block like Miami! The settlement the developers made in 2008 to remain green the land on Wiggins Pass must stand—this was permission for them to destroy preserves to build another 5 tower blocks. Ellen Wright Mattaponi,VA 2015-01-12 It was supposed to be a golf course or nothing. terry ketcham Naples,FL 2015-02-27 we do not need more density in a coastal zone! Jan Lindberg Naples,FL 2015-03-03 I am signing because the planned highrises are much too high.All other high rises North of Vanderbilt Beach Road are only approx 10 stories high. 071\ • change.org Recipient: Board of Collier County Commissioners Letter: Greetings, Please register my opposition to the rezoning of the Cocohatchee Bay issue. I do not agree to the Petition where the developer wants to use the land as a single family development with 64 homes on 1/2 acre sites. I REQUEST THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS STAND BY THE JUNE 9TH 2008 SETTLEMENT-A DEAL IS A DEAL! DO NOT ALLOW THE DEVELOPER TO CHANGE THE PUD! Collier County and the developer agreed to limit the environmental impact, and allow controlled development, in exchange the developer was allowed to build 5- 20 story towers, this should stand as many people purchased homes in the area with the understanding that future development was limited and agreed to by the 2008 settlement agreement. Since 2008, we all have a greater understanding of the environmental issues associated with heavy development, the loss of important eco-diversity and for us humans the impact in hurricane season by changing the landscape and removing the protective mango groves, waterways and hard landscaping water run off areas. This is an area of precious natural integrity, we don't want it lost and damaged forever. 0 Name City State Zip Code Signed On North Bay Civic Association Naples Florida 1/4/15 Robert Smith Naples Florida 34108 1/4/15 William Jefferson Naples Florida 34110 1/4/15 Thomas McCann Naples Florida 34110-6009 1/4/15 Thomas P Gardner Jr Naples Florida 34110 1/4/15 Judi Palay Naples Florida 34110 ' 1/4/15 Janet Harvey Naples Florida 34110 1/4/15 michael harvey Naples Florida 34110 1/4/15 jon &kathy schroeder naples Florida 34110 1/4/15 Chirs Kearns Naples Florida 34110 1/4/15 Donna Showter Naples Florida 34110 1/4/15 Joan Docktor Naples Florida 34110 1/4/15 Susan Snyder Naples Florida 34108 1/4/15 Douglas Bloom Naples Louisiana 34103 1/4/15 Jay Thompson Naples Florida 34108 1/4/15 James Snyder Naples Florida 34108 1/4/15 Richard Teaberry Naples Florida 34110 1/4/15 Ann Boyle Naples Florida 34110 1/4/15 hubert vuillaume Naples Florida 34110 1/4/15 Salim Kathawalla Naples Florida 34110 1/4/15 Joyce Albro Naples Florida 34110 1/4/15 Anthony Vanarelli Naples Florida 34110 1/4/15 Diane Rupnow Lincoln Nebraska 68505 1/4/15 Michael Docktor Naples Florida 34110 1/4/15 Ronald Jordanek NAple Florida 34110 1/4/15 Walter Evans Naples Florida 34110 1/5/15 JAMIE FRIEDMAN NAPLES Florida 34110 1/5/15 Brana Kriegsman Naples Florida 34110 1/5/15 Debra Muller Naples Florida 34110 1/5/15 robert fritz naples Florida 34198 1/5/15 Harry Schubert Naples Florida 34110 1/5/15 Randy Hasty Naples Florida 34103 1/5/15 William Hauser Naples Florida 34110 1/5/15 Michael Moritz Naples Florida 34110 1/5/15 F Denise Toolan Naples Florida 34110 1/5/15 David Sandler Naples Florida 34110 1/5/15 marie knudsen Naples Florida 34108 1/5/15 James Murphy Naples Florida 34110 1/5/15 Thomas Byrne Naples Florida 34110 1/5/15 Gigi Benser Naples Florida 34110 1/5/15 William Herrmann Naples Florida 34110 1/5/15 THOMAS ORAM Naples Florida 34110 1/5/15 Carl Redfield Naples Florida 34110 1/5/15 Patricia Fritz Naples Florida 34108 1/5/15 Don Allen Naples Florida 34110 1/5/15 Gwen Hajlo Naples Florida 34110 1/5/15 james maloney naples Florida 34110 1/5/15 \ 1 George Malloy Naples Florida 34102 1/5/15 John Kegaly Willowbrook Illinois 60527 1/5/15 Virginia O'Toole Naples Florida 34110 1/5/15 Margaret Drugovich Naples Florida 34110 1/5/15 Malcolm Taylor Naples Florida 34110 1/5/15 Charles DeFrancesco Naples Florida 34108 1/5/15 kathy bellotti Naples Florida 34110 1/5/15 JOHN PORCO Naples Florida 34110 1/5/15 Elizabeth Steele Oneonta New York 13820 1/5/15 Tom Muller Naples Florida 34110 1/5/15 Mark Godecki Naples Florida 34110 1/5/15 JOE DAHL Naples Florida 34108 1/5/15 Jack Orcutt Naples Florida 34110 1/5/15 Tony Marici naples Florida 34110 1/5/15 Carole Wielosinski Naples Florida 34110 1/5/15 Sandy Green Naples Florida 34110 1/5/15 Daniel McKenna Naples Florida 34110 1/5/15 Ronald Boedart Naples Florida 34110 1/5/15 Wanda Riddle Naples Florida 34110 1/5/15 Salvatore Marici Naples Florida 34110 1/5/15 David Litten Jericho Vermont 5465 1/5/15 Tom Hanna Naples Florida 34110 1/5/15 Nina Smith Naples Florida 34108 1/5/15 monica vidlak Naples Florida 34110 1/5/15 Can Coban Allendale New Jersey 7401 1/5/15 Kathleen Robbins naples Florida 34108 1/5/15 Leonard Bregar Naples Florida 34110 1/5/15 John Cantella Naples Florida 34110 1/5/15 Gary Kottman Naples Florida 34108 1/5/15 Concerned Citizen New City New York 10956-2406 1/5/15 Nancy Draper Naples Florida 34110 1/5/15 Joyce Robertson Malvern Ohio 44644 1/5/15 Martha Boulanger Naples Florida 34110 1/5/15 Susan Litten Naples Florida 34108 1/5/15 Susan Burkhard Naples Florida 34108 1/6/15 Henry Kleinhenz Naples Florida 34110 1/6/15 Richard Zeiger Naples Florida 34110 1/6/15 Glenn Bradley Naples Florida 34110 1/6/15 Carol Shawhan Naples Florida 34110 1/6/15 David Daney Naples Florida 34110 1/6/15 WILLIAM DEWITT Naples Florida 34108 1/6/15 joseph boyle naples Florida 34110 1/6/15 Joan Dirstein Naples Florida Florida 1/6/15 Bruce Chesnut Naples Florida 34110 1/6/15 MICHAEL GETTY Naples Florida 34110 1/6/15 Betty Janitz Naples Florida 34110 1/6/15 Allan Goldstein Naples Florida 34110 1/6/15 david shea Bonita Springs Florida 34134 1/6/15 mary bender naples Florida 34110 1/6/15 N I Linda Pavlik Naples Florida 34110 1/6/15 Patricia Fagan Naples Florida 34109 1/6/15 GEORGE RUBIN naples Florida 34110 1/6/15 Anthony Tesorio Naples Florida 34110 1/6/15 Nancy Nodell Naples Florida 34110-6097 1/6/15 John Whear Naples Florida 34110 1/6/15 Donna McKenna Naples Florida 34110 1/6/15 Larry Hodges Naples Florida 34110 1/6/15 Judy Chapman Naples Florida 34110 1/6/15 Marcia Fairbanks Naples Florida 34110 1/6/15 June Robinson Naples Florida 34110 1/6/15 John McDonagh Naples Florida 34110 1/6/15 becky munger naples Florida 34110 1/6/15 Bernard Kennedy Naples Florida 34120 1/6/15 Nancy Quinlan Naples Florida 34110 1/6/15 Diane Mascianica Naples Florida 33110 1/6/15 Clare Pohlman Naples Florida 34110 1/6/15 Kristine Osborn Billings Montana 59102 1/6/15 Kamia Taylor Preston Missouri 65732 1/6/15 james lutz new albany Pennsylvania 18833 1/6/15 Denise Thomas West St Paul Minnesota 55118-2243 1/6/15 Patricia Longoria Peoria Arizona 85381 1/6/15 G. 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Rittermeyer Naples Florida 34108 1/9/15 Robert Wood Naples Florida 34110 1/9/15 Robert Kazawic Naples Florida 34110 1/9/15 Kelly Creelman Naples Florida 34110 1/9/15 sharon whistler Naples Florida 34110 1/9/15 John Lindenberger Naples Florida 34110 1/9/15 Corinne Martin Naples Florida 34110 1/9/15 Judi Ungashick Naples Florida 34110 1/9/15 Orlando Ojeda Naples Florida 34110 1/9/15 Gary Mulligan Naples Florida 34110-7022 1/9/15 Susan L Fares Naples Florida 34110 1/9/15 Joseph LaBella Naples Florida 34110 1/9/15 Rosemary Phillips Naples Florida 34110 1/9/15 Ina Kacani Naples Florida 34108 1/9/15 Sarah Nolan Naples Florida 34110 1/9/15 Edward Perry Naples Florida 34110 1/9/15 Peter Bizjak Naples Florida 34110 1/9/15 Ann Mottice Naples Florida 34110 1/10/15 William E. Mottice Naples Florida 34110 1/10/15 kim ricchiuti naples Florida 34110 1/10/15 carolyn dickinson naples Florida 34110 1/11/15 Susanne VanderStarre Naples Florida 34110 1/11/15 Marie Pitko Naples Florida 34110 1/12/15 Joseph LeBeau Naples Florida 34110 1/12/15 James Hinz Naples Florida 34110 1/12/15 BERT SMITH Naples Florida 34110 1/12/15 Eileen Reardon Naples Florida 34110 1/13/15 Bob Harris Naples Florida 34110 1/13/15 Paul Clemente, Jr. Naples Florida 34110 1/13/15 Bryan Haryott Naples Florida 34112 1/13/15 William Gannon Naples Florida 34110 1/13/15 Janet Pritchard Naples Florida 34110 1/13/15 Thomas Tarasevich Naples Florida 34110 1/13/15 Willard St Cyr Naples Florida 34110 1/13/15 Connie LaBella Naples Florida 34110 1/13/15 Laraine Deutsch Farmington Hil Michigan 48334 1/13/15 Robert Lafferty Naples Florida 34110 1/13/15 Bette Thies Naples Florida 34110 1/13/15 Thomas Clancy Naples Florida 34110 1/13/15 Anthony Ribeiro Naples Florida 34110 1/13/15 Linda Stephenson Naples Florida 34110 1/13/15 paul franks Geneva Illinois 60134 1/13/15 Katherine Updegrove Naples Florida 34110 1/13/15 EUGENE POPIELEC Naples Florida 34110-8028 1/13/15 1N1 / William Bodnovich Naples Florida 34110 1/13/15 Karen Hauwiller Naples Florida 34110 1/13/15 Charles Budris Naples Florida 34110 1/13/15 Susan J Sterner Naples Florida 34110 1/13/15 Carole Wielosinski Naples Florida 34110 1/13/15 Malcolm Perrry Naples Florida 34110 1/13/15 Patricia Clemente Naples Florida 34110 1/13/15 Arthur Dacy Naples Florida 34110 1/13/15 Bill Baker Naples Florida 34110 1/13/15 Joyce Huber Naples Florida 34110 1/13/15 Judith Williams Naples Florida 34110 1/14/15 Peter Boyd Huntington Be California 92649 1/14/15 Margaret T. Manna Naples Florida 34110 1/14/15 Eula Wilson Henderson Kentucky 42420 1/14/15 Cheri Smith Louisville Kentucky 40220 1/14/15 Samantha Turetsky Ormond Beach Florida 32176 1/14/15 Madison Selby Austin New York 14627 1/14/15 Beverlee Denker Naples Florida 34110 1/14/15 john pasqua valley center California 92082 1/14/15 adriana perez Orlando Florida 32822 1/14/15 Brenda W port colborne California 13k1v 2 1/14/15 Fred Sack Williamstown New Jersey 8094 1/14/15 Breanna Lonas Glen Allen Virginia 23060 1/14/15 Phillip Dykes Maricopa Arizona 85138 1/14/15 Sandra Dominguez Bakersfield California 93304 1/14/15 Michael Dotson Carterville Illinois 62918 1/14/15 tim miller longview Washington 98632 1/14/15 kim rodriguez San Antonio Texas 78203 1/14/15 Michelle Huskey Navasota Texas 77868 1/14/15 Steven Raban Avondale Arizona 85392 1/14/15 Lori Phillips Naples Florida 34110 1/14/15 Jp Thies Naples Florida 34110 1/14/15 gerald belva Naples Florida 34110 1/14/15 Louise Sterner Naples Florida 34110 1/14/15 Roger Clapp Naples Florida 34110 1/15/15 Marlene Ehrhardt Naples Florida 34110 1/16/15 James Jeddry Naples Florida 34110 1/16/15 John Gosdick Naples Florida 33110 1/16/15 Jennifer Sanchez Naples Florida 34110 1/18/15 Sharon Bass Naples Florida 34110 1/18/15 Despina Vellios Naples Florida 34110 1/18/15 Margaret Ross Naples Florida 34110 1/18/15 joan Lynch Naples Florida 34110 1/18/15 Robert LaForgia Naples Florida 34110 1/19/15 Donny Farrelly Naples Florida 34110 1/19/15 Eva Kontos Naples Florida 34110 1/19/15 Claire Roeber Naples Florida 34110 1/20/15 Kirsten Ivancevic Naples Florida 34110 1/24/15 Claire Licciardi Naples Florida 34109 1/29/15 N Suanne Jay Naples Florida 34110 2/3/15 Michele (Shelley) Williams Naples Florida 34110 2/9/15 Angela Gentry Fort Worth Texas 76103 2/18/15 Marilyn Gockowski duluth Minnesota 55811-2722 2/18/15 Stephanie izquierdo Woodside New York 11377 2/18/15 jamesm nordlund Moorhead Minnesota 56560-9999 2/18/15 Shirley Mitchell Harrisonburg Virginia 22802 2/18/15 laurie sanderson syracuse New York 13224 2/18/15 Linda Howie Fresno California 93730 2/18/15 E. 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D'Fini Colrain Massachusetts 1340 , 2/18/15 Megan Rowell Clearwaater Florida 33764 2/18/15 Scott Falkner Renton Washington 98059 2/18/15 Heather Elise Las Vegas Nevada 89113 2/18/15 Aspen Cotterell Corvallis Oregon 97330 2/18/15 Jerome Katz Detroit Michigan 48203 2/18/15 Donna Maxwell Denton Texas 76201 2/18/15 Mary Ortiz Coconut Creek Florida 33073 2/18/15 renata dobryn Montauk New York 11954 2/18/15 Leonard Haze Hayward California 94541 2/18/15 Robert Ziegel Bristol New Hampshir 3222 2/18/15 Violet Smith Wichita Falls Texas 76301 2/18/15 Heather Robbins Palm Beach GE Florida 33418 2/18/15 Arlene Mantin Aventura Florida 33180 2/18/15 CORY VELVICK ST JOSEPH Missouri 64501 2/18/15 Richardine Ervin Harvey Illinois 60426 2/18/15 Terry Kayser Live Oak Texas 78233 2/18/15 Alec Frampton Eden New York 14057 2/18/15 Zoe Carpenter Germantown Maryland 20874 2/18/15 Dick Barshow San Jose California 95128 2/18/15 Sean Kirklen SF California 94114 2/18/15 Rev. Royce Beasley Phoenix Arizona 85042 2/18/15 James Eaton Westport Connecticut 6880 2/18/15 Stanley Jinright Pocahontas Arkansas 72455 2/18/15 David Liddle St Petersburg Florida 33704 2/18/15 Madeline Harrison Bosworth Missouri 64623 2/18/15 Arleta Carr Grand Junctior Colorado 81503 2/18/15 Delphina sanchez Santa Cruz California 95062 2/23/15 James Shaw Naples Florida 34110 2/24/15 Arlene Fitzpatrick Naples Florida 34110 2/25/15 Constanze Doeblin-Holler Naples Florida 34110 2/25/15 Anne Prignano Naples Florida 34110 2/25/15 Rebecca Meath Naples Florida 34110 2/25/15 / v 6' Bonnie Michaels Naples Florida 34108 2/25/15 Sharon Hillman Naples Florida 34108 2/25/15 marilyn murray Naples Florida 34110 2/25/15 Asimina Ginis Naples Florida 34110 2/25/15 Phyllis Belzer Naples Florida 34110 2/26/15 christine Donaldson Naples Florida 34120 2/26/15 Amanda Hronek Naples Florida 34110 2/26/15 leonore rizy Middletown Rhode Island 2842 2/26/15 Mary Hough Naples Florida 34108 2/26/15 Helen Kreller Naples Florida 34108 2/26/15 helen shulman Naples Florida 34110 2/26/15 Anne Fitzgerald Naples Florida 34108 2/26/15 Meredith Sweet Long Island Maine 4050 2/26/15 Larry Lang Naples Florida 34110 2/26/15 Marsha Rubin Naples Florida 34108 2/27/15 Noreen Haines Naples Florida 34108 2/27/15 Jill Windt Naples Florida 34108-2456 2/27/15 John Brinson Naples Florida 34108 2/27/15 Joseph Kresky Naples Florida 34110 2/27/15 lori cloutier Bonita Springs Florida 34135 2/27/15 Lyna-Lou Nordstrom Burlington Vermont 5401 3/2/15 Mary Lou Campbell Naples Florida 34108 3/2/15 Anne Grandis Naples Florida 34108 3/3/15 Mike & Carol Castle Naples . Florida 34110 3/3/15 robert spellman Naples Florida 34110 3/3/15 Elizabeth Melo Orlando Florida 32824 3/3/15 Sarah Dyson Waco Texas 76706 3/3/15 Alexis Mazzie winter park Florida 32792 3/3/15 Marie Leven Flushing Michigan 48433 3/3/15 Ryan Floyd Auburndale Florida 33823 3/3/15 Antoinette Ambrosio Long Beach California 90802 3/3/15 Debbie Houle Houle Duluth Minnesota 55807 3/3/15 David Addison Arlington Virginia 22205-2342 3/3/15 Destinee Nieto Puyallup Washington 98374 3/3/15 carlos roberto de jesus jest.carapicuiba Maryland 6382280 3/3/15 Tim Richards Naples Florida 34110 3/4/15 Donald Fraser Naples Florida 34110 3/5/15 H. L. Naples Florida 34112 3/5/15 Edward Weilhoefer Naples Florida 34110 3/5/15 Maryann Braun Naples Florida 34108 3/5/15 Jill Stevens Portsmouth Virginia 23702 3/6/15 Tracey Smallwood Waldorf, Maryland 20601 3/6/15 Monique Webb Fayetteville Georgia 30215 3/6/15 Ashley DeRito Philadelphia Pennsylvania 19148 3/6/15 swetha paripally Prospect Heigf Illinois 60070 3/6/15 Carla Freer Philadelphia Pennsylvania 19145 3/6/15 Debbie Spice Orlando Florida 32821 3/6/15 peter donahue Naples Florida 34108 3/7/15 Hans Lorch Naples Florida 34117 3/8/15 N7 J L Manuel Morgan City Louisiana 70518 3/8/15 Temesia Heath Longview Texas 75604 3/8/15 Comments Name Location Date Comment Emily Kearns Naples,FL 2015-01-04 I bought my home in Glen Eden because the land next to our subdivision was to remain a green space or golf course and I am asking the Board of Collier Commissioners to stand by the settlement agreement and let them know a Deal is a deal! William Jefferson Naples,FL 2015-01-04 The density issues caused by further development in the Cocohatchee PUD would be detrimental to the value of existing property owners and would create real and serious safety issues for the local communities due to increased traffic,excessive demand on police and fire/rescue personnel in the area and would destroy valuable natural green space in the area. Judi Paley Naples,FL 2015-01-04 Glen Eden has been excluded from details yet we abut the area to be developed. We were promised the exit would not come out on Vanderbilt or Wiggins Pass.We cannot handle any more traffic there! James Snyder Naples,FL 2015-01-04 It's a travesty to allow the destruction of an area that remains one of the few green areas left.The infrastructure cannot support the huge increase in populous populous. Diane Rupnow Lincoln,NE 2015-01-04 I live in Glen Eden on the Lakes and just one house separates me from the preserve that was promised to remain green forever if it wasn't developed into a golf course. I bought in this location because of the proximity to the preserve. I feel like the board of Collier County Commissioners is participating in a lie to the residents in this community by siding with the developer to reopen this agreement and move forward with his proposal to build 64 houses adjacent to us. I would ask that each and every commissioner drive to this area and observe the developer's total devastation of the land across the road where the high rises are to be built. He clear cut that area and left no habitat at all for the wildlife that lived there. Now many of those animals have moved across the road into the preserve next to us. He should not be allowed to also clear cut this area all the way from Vanderbilt to Tarpon Cove adjacent to Wiggins Pass Rd. I am very disappointed that the County Commissioners would side with Lodge Abbot and go against the wishes of hundreds of citizens whose property values and quality of life will be negatively impacted by reopening the settlement agreement. JAMIE FRIEDMAN NAPLES,FL 2015-01-05 I oppose and object to any change in zoning of the property. Harry Schubert Naples,FL 2015-01-05 Please do not allow the destruction of the last wilderness(preserve)in our area.I oppose any change in the zoning law.Harry Schubert Naples FL F Denise Toolan Naples,FL 2015-01-05 I bought my home in Tarpon Cove,Naples,just down the street 3 years ago believing that this area would some day only be a golf course...as PLANNED. How can these years old agreements just change'??Not right!and I totally disagree with the newly proposed CHANGED plans l CT Name Location Date Comment William Herrmann Naples,FL 2015-01-05 -I DO NOT NOT ACCEPT THE AREA TO BE DEVELOPED INTO 64 HOMESITES I AM NOT HAPPY WITH THE LAND BEING CLEAR CUTTED AND DESTROYED FOR MORE HOMES IN THE AREA -THE RESIDENTS OF NORTH NAPLES BOUGHT OUR HOMES WITH THE IDEA THAT THE AREA WOULD BE A GOLF COURSE OR NATURE PRESERVE AND WANT THE AREA TO REMAIN A GREEN SPACE.THERE IS NO ADVANTAGE FOR THE RESIDENTS OF THE AREA TO ALLOW THIS AREA TO BE DEVELOPED INTO ANOTHER SUBDIVISION. -I AM ASKING THE BOARD OF COLLIER COUNTY COMMISSIONERS TO VOTE NO AND NOT TO RE-OPEN THE COCOHATCHEE PUD SETTLEMENT OF 2008. John Kegaly Willowbrook,IL 2015-01-05 The area should not be stripped of it's natural condition and a golf course would be the only acceptable use as was agreed to previously. Margaret Drugovich Naples,FL 2015-01-05 I am signing this petition because I object to the change in the agreement. bought my current property with the understanding that the space in question would not be developed for housing. This"bait and switch"approach to development is deceptive and irresponsible property management. kathy bellotti naples,FL 2015-01-05 i believe we keep to the original agreement...keep it as is a natural preserve or my very most compromised opinion a gollf course,enough of this nonsense,please. JOE DAHL Naples,FL 2015-01-05 TRAFFIC Wanda Riddle Naples,FL 2015-01-05 We were promised a golf course or other green area. That is what we want, not more traffic. Salvatore Marici Naples, FL 2015-01-05 The people need green space. That is why a lot of us bought here. We need to keep this area unique.That is why people bought here. More developments is a good reason to leave. Also more people means more traffic,more dangers for motorist,bikers and walkers even with the"new improvements"coming to Vanderbelt Dr. Again we thought we will have green space with a true natural setting not a developers landscape plan.That will keep people here and increase property values. Thomas Hanna Naples,FL 2015-01-05 I purchased my property in Glen Eden with the knowledge that the land next to our development would be either green space or a Golf Course both which were ok with me. A 64 unit development with the necessary infrastructure is too damaging the environment. Do not reopen the Cocohatchee PUD. The developer should stand by the settlement agreement,which is why we have settlements. Kathleen Robbins naples,FL 2015-01-05 Please don't let this happen. You don't want to be known as the Board of County Commissioners that didn't keep prior commitments! We citizens feel that many times we have to spend money twice:once for our property taxes, and again to defend against the county not holding up its(our)commitments. Gary Koffman Naples,FL 2015-01-05 Too much congestion in this area of development approved.Please vote No. Thank you! Martha Boulanger Naples,FL 2015-01-05 I feel strongly that the original agreement that the land would be used only for a golf course or else kept as a"preserve"needs to be honored. It is enough that the development on the west side of Vanderbilt Drive is being developed. N /0 Name Location Date Comment Bruce Burkhard Naples,FL 2015-01-06 I don't see why the previous petition was disallowed. Why must we go through this procedure again? David Daney Naples,FL 2015-01-06 I do not agree to the Petition and oppose re-opening. Joan Dirstein Toronto,Canada 2015-01-06 Without areas for wildlife North NAples is simply turning into a mega city like the east coast.It is these areas of"green"that have made Naples so special. Please don't destroy our area for the sake of extra tax dollars MICHAEL GETTY IRONS,MI 2015-01-06 WE NEED OPEN SPACES NOT MORE DENSITY. david shea Bonita Springs,FL 2015-01-06 Once a contract agreement is made,it should be adhered too! Anthony Tesorio Naples,FL 2015-01-06 This is wrong and to much traffic June Robinson Naples,FL 2015-01-06 The new development will be backing up to my property that I recently purchased in Tarpon Cove. I bought in Tarpon Cove because I was told that the area behind me would stay as a preserve or a golf course. I am hearing a lot about the water run off issues and what it could possibly do to destroy my home and my property value. I strongly oppose the newly proposed change to re-open the Cocohatchee PUD Settlement of 2008. Nancy Quinlan Naples,FL 2015-01-06 It is time to stop the destruction of the few remaining wild places before they are gone. There will always be a developer who will have a great argument for why it is important to level a parcel of land so more homes and more taxes can be acquired. Please do the right thing and stop here. Most Sincerely, Nancy Quinlan Clare Pohlman Naples,FL 2015-01-06 If the Developers keep getting"their way"we eventually will live in a"Concrete Jungle"rather than a beautiful tropical paradise. Who is benefitting the most from this dense development? The answer to that question seems pretty obvious. The five 20 Story Towers the County Commissioners agreed to was a mistake-should the Developer be allowed to add to it? I hope not. Martine LARCHE Naples,FL 2015-01-07 What makes Naples so much different from Miami is the beautiful preserved nature and wildlife near the living areas.The Cocohatchee Bay is so special. Please do not keep destroying it. alfred saltzberg needham,MA 2015-01-07 Will cause to much congestion and overlay water and sewer systems Heidemarie Klimt- Naples,FL 2015-01-07 We are loosing too many natural habitats to new developments&golf courses. Grampp Too many current owners bought due to this area staying natural! Jerry Price Naples, FL 2015-01-07 I do not support any change to the pud. Meghan O'Neil Naples,FL 2015-01-07 Already fought this thing once when we lived near it for 14 years. Infuriates me that I have to do this again.Whatever happened to keeping your word?Deep pockets always get their way even after they have agreed to compromise. Jamie Friedman Naples,FL 2015-01-07 Because I care about the environment. Ernest Davey Naples,FL 2015-01-07 I do not want the agreement made on June 9,2008 for the Cocohatchee Bay PUD,changed Lorraine Tregde Naples,FL 2015-01-08 oppose changes William E.Mottice Naples,FL 2015-01-10 For protection At 1 Name Location Date Comment Susanne VanderStarre Naples,FL 2015-01-11 A signed agreement is supposed to be binding,particularly if it affects the quality of the eco-system which is very fragile because it is so diverse in this area because of its nearness to the bay and gulf.I would rather just see it left wild rather than developed. In addition,a development would breatly increase traffic on both Wiggins Pass and Vanderbilt Drive which is already inadequate because of being only 2 lanes with no passing places on either street. I regret the developer's losses,but he gambled and lost. Why should we pay for it? BERT SMITH NAPLES,FL 2015-01-12 we have seen enough of the deals developers make and now wish to go back and change things. Paul Clemente,Jr. Naples,FL 2015-01-13 The developer should live up to his agreement.Maintain the currently agreed to green area Janet Pritchard Naples,FL 2015-01-13 i oppose Willard St Cyr Naples,FL 2015-01-13 Enough high rises in one small ares. General negative impact on surounding area. Connie LaBella Naples,FL 2015-01-13 Please do not re-open PUD. JOAN RIBEIRO YONKERS,NY 2015-01-13 To preserve the preserve paul franks Geneva,IL 2015-01-13 Paul J Franks EUGENE POPIELEC Naples,FL 2015-01-13 I strongly oppose ANY change in the zoning of this property.KEEP IT GREEN! Karen Hauwiller Naples,FL 2015-01-13 the habitat of the animals needs to be preserved Carole Wielosinski Naples,FL 2015-01-13 I agreed to the original settlement and do not wish the settlement to be changed. Bill Baker Naples,FL 2015-01-13 I want to keep our natural areas free from further development and safe for Florida wildlife. Judith Williams Naples,FL 2015-01-14 I am signing nh because I am opposed to change from green space.I oppose clear cutting at Aqua 2. Margaret Manna Nap;eszoning should be 2015-01-14 I am concerned about the loss of green space. honored.,FL. Marlene Ehrhardt Naples,FL 2015-01-16 We need to save all the greenspace we can. James Jeddry Naples,FL 2015-01-16 The Cocohatchee Bay area should be left alone.And the developer should stand behind the original agreement! John Gosdick Naples,FL 2015-01-16 The county and the developer should abide by there agreement Tom Miller Pleasure Point,CA 2015-01-18 A DEAL is a DEAL. This developer does NOT have the approval of the residents of this area, NOR does he have the approval of the critically endangered Florida Panther that resides in the nature preserve he wants to demolish. Margaret Ross Naples,FL 2015-01-18 I am signing this petition because It saddens me to see every bit of land stripped of its natural beauty and built upon by greedy developers.What we have left in the Cocohatchee Bay can never be replaced once it is gone. Joan lynch berwyn,PA 2015-01-18 I am signing because the proposed development I my neighborhood is overwhelming as it is.More is unthinkable.The noise and traffic will be unbearable. Robert Laforgia Naples,FL 2015-01-19 This was not the deal.Stand by the settlement agreement. Suanne Jay Naples,FL 2015-02-03 I object to re-opening the Settlement Agreement entered into on June 9,2008. Michele(Shelley) Naples,FL 2015-02-09 I do not believe it is in the best interest of the Cocohatchee Bay Area to re- Williams open the Cocohatchee PUD.The settlement of June 2008 should continue to be honored.I oppose and object to any re-zoning and/or property changes Name Location Date Comment Constanze Doeblin- Naples,FL 2015-02-25 North Naples is becoming a concrete slab,and this area is one of the last Holler green zones left. Developer signed a deal and should stick to it,as should the county. Rebecca Meath Naples,FL 2015-02-25 I am signing this proposal because I oppose any change to the zoning of the • Cocohatchee Bay,PUD. Bonnie Michaels Naples,FL 2015-02-25 Agreements must be kept or we will get to the point of not trusting our county leaders for anything. They need to protect citizens rights. marilyn murray Naples,FL 2015-02-25 A deal is a deal. Destruction of Eagle,bear,and bobcat habitat.The county and the developer should live up to the previous settlement that cost taxpayers $2,000,000 in defense costs. Asimina Ginis Naples,FL 2015-02-25 I reside in close proximity to the preserve and I oppose to any change to the zoning of the Cocohatchee Bay PUD. JOHN DONALDSON Hinckley,United Kingdom 2015-02-26 We need to protect some area's for our wildlife Amanda Hronek Naples,FL 2015-02-26 We need to preserve natural lands for the animals and the environment! Edward RIZY Middletown,RI 2015-02-26 Preserves protect the quality of life,people and animals A contract is a contract. Mary Hough Naples,FL 2015-02-26 We have ample development in Collier County for those who want to live here. We need to preserve land such as this to maintain the"paradise"we all share Helen Kreller Naples,FL 2015-02-26 We have already paid for the decision.Please honor it!! Anne Fitzgerald Naples,FL 2015-02-26 enough is enough. We don't need more condos. We need MORE LAND to provide shelter to the first inhabitants,the animals of SW Florida. Marsha Rubin Naples,FL 2015-02-27 The wildlife was here first. Please honor them and the deal made NOT to build housing in this area. I am a North Naples residence,pay taxes and feel we should protect our land and wildlife. Jill Windt Naples,FL 2015-02-27 Home to our precious wild life,eagle,hawk,owls,foxes,tortoise,panther,etc ...We must preserve"Mother Nature"...We must preserve the"Soul of our Community"...!!! John Brinson Naples,FL 2015-02-27 I love fishing and camping,I watch the squirrels run on the power lines,the Hawk that wants my Grey parrot.Please save our green space for these animals my fishing and camping,THANK YOU. Mr.J Brinson. Joseph Kresky Naples, FL 2015-02-27 I strongly disagree with them elimination of green space specified in the 2008 court settlement with the addition of of a housing project and its many long- term consequences. lori cloutier Bonita Springs,FL 2015-02-27 Stop paving Florida over...enough development. Lyna-Lou Nordstrom Burlington,VT 2015-03-02 We need to keep some land open— Anne Grandis Naples,FL 2015-03-03 AN ETHICAL RESPONSIBILITY I believe that a PUD is put into place to preserve guidelines for reasonable development.It is the guide that consumers refer to when purchasing a property,as well a protection for environmental stability. Developers'financial interests should never be the reason for revision.It's purpose is to protect the public and the ENVIRONMENT! PLEASE RESPECT THE CITIZENS WHOSE INTERESTS YOU WERE ELECTED TO REPRESENT! ill. Item #9A SIRE Public Access Electronic Agenda Attachment: Neighborhood Information Synopsis http://www.colliergov.net/ftp/AgendaFeb24 1 5/ GrowthMgmt/NIM_3- 19- 14_Transcript.pdf 9A 1 1 2 TRANSCRIPT OF THE 3 NEIGHBORHOOD INFORMATION MEETING 4 FOR COCOHATCHEE BAY MPUD 5 March 19, 2014 6 5:30 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD GRANT, ESQ. 13 JAY WESTENDORF 14 NORM TREBILCOCK 15 TIM HALL 16 17 18 19 20 21 22 23 24 25 9A 2 1 MR. ARNOLD: We're going to do our very best 2 to get through the process. 3 MULTIPLE VOICES: Louder. (Indiscernible) . 4 MR. ARNOLD: We'll do our best. Let's all be 5 civil, please. 6 MULTIPLE VOICES: (Indiscernible) . 7 MR. ARNOLD: Maybe if we all try to keep the 8 sound -- 9 MULTIPLE VOICES: (Indiscernible) . 10 MR. ARNOLD: The property that we're 11 discussing is the Cocohatchee Bay property. It's 12 located on both sides of Vanderbilt Drive, north 13 and south of Wiggins Pass, west of Vanderbilt. 14 The property was originally zoned back in 2000 15 for 590 units of high-rise development back in the 16 year 2000. The developer proposed to make some 17 changes in 2007. Those plans didn't materialize 18 and there was a settlement agreement between 19 Collier County and the property owner that 20 established the rights they have today, which is 21 for 590 residential units, which do include towers 22 on the west side of Vanderbilt Drive and the golf 23 course property that's on the east side of 24 Vanderbilt Drive. 25 What we're proposing today are changes to the 9A 3 1 document. They're -- I call them some -- 2 generally, I'd call them out as the highlight 3 amendments, because the document is a very messy 4 document. We've prepared it in strike through and 5 underlined format. And I'm happy to get anybody a 6 copy who's willing to leave their e-mail address on 7 the sign-in sheet that's going around. I'm happy 8 to get documents to you as we submit to the county 9 so you can remain current, as some of you may go 10 north for the season. And we're happy to keep you 11 in the loop. 12 And I just thought, go through the highlights. 13 It's a big crowd. I want to get your feedback. So 14 I won't spend a lot of time doing the presentation 15 other than to hit the high points. 16 We have some graphics at least up on the 17 board. That is the boundary of the property. 18 MULTIPLE VOICES: (Indiscernible) . 19 MR. ARNOLD: The problem we're having, the 20 church is having, the church is having a hard time 21 getting their projector to project on their 22 screens, so we're going to have to make do the best 23 we can. 24 MULTIPLE VOICES: (Indiscernible) . 25 UNIDENTIFIED MALE VOICE: Put the screens up. 9A 4 1 MR. ARNOLD: We're trying. 2 UNIDENTFIED MALE VOICE: Put the screens up. 3 UNIDENTIFIED FEMALE VOICE: We don't know how. 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. ARNOLD: Folks, could we -- let's try to 6 make do with what we have and I'll (indiscernible) . 7 MULTIPLE VOICES: (Indiscernible) . 8 MR. ARNOLD: Where's the church guy who 9 (indiscernible) ? That's what they're asking. 10 UNIDENTFIED MALE VOICE: (Indiscernible) way 11 of doing things. 12 UNIDENTIFIED FEMALE VOICE: Oh, my gosh. 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: The problem we're having, 15 apparently, the audio visual equipment is connected 16 directly to the screen. So they come down once 17 it's automatically plugged in. We're trying to 18 find somebody from the church who can 19 (indiscernible) . So I apologize. This is not -- 20 this is less than a perfect setup for certain. 21 MULTIPLE VOICES: (Indiscernible) . 22 MR. ARNOLD: So let me just go ahead and 23 continue on if I could. 24 We have an outline of the property that shows 25 you (indiscernible) . 9 Pi 5 1 MULTIPLE VOICES: (Indiscernible) . 2 MR. ARNOLD: Folks, could we please. 3 UNIDENTIFIED FEMALE VOICE: We cannot see it. 4 MULTIPLE VOICES: (Indiscernible) . 5 UNIDENTFIED MALE VOICE: We can't see it. 6 UNIDENTFIED MALE VOICE: Can't see anything. 7 MULTIPLE VOICES: (Indiscernible) . 8 MR. ARNOLD: We're doing our best, so just 9 bear with us. 10 MULTIPLE VOICES: (Indiscernible) . 11 UNIDENTIFIED FEMALE VOICE: We can't see it. 12 We can't see it. How are we going to 13 (indiscernible) . 14 MR. ARNOLD: Okay. I will verbalize the best 15 I can of what we're proposing (indiscernible) . 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: So one of the things that we're 18 doing, one of the changes we're making to the 19 project is we're adding a 94-acre parcel that's on 20 the west side of Vanderbilt. 21 UNIDENTFIED MALE VOICE: (Indiscernible) . 22 (Booing. ) 23 UNIDENTFIED MALE VOICE: I would ask them to 24 allow you to talk without interruption. And then 25 they can (indiscernible) . 9 A 6 1 MULTIPLE VOICES: (Indiscernible) . 2 MR. ARNOLD: Could I please try to get through 3 part of this presentation? I apologize. It's less 4 than ideal. 5 MULTIPLE VOICES: (Indiscernible) . 6 MR. ARNOLD: And I think we may need to do 7 that, but for those -- can I please speak? 8 UNIDENTFIED MALE VOICE: No. 9 MR. ARNOLD: Please. 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: You know, I appreciate every one 12 of you took time out of your schedule to be here 13 tonight. 14 UNIDENTFIED MALE VOICE: That's right. 15 MR. ARNOLD: And that's why I don't want to 16 waste that opportunity to at least get through 17 (indiscernible) . 18 MULTIPLE VOICES: (Indiscernible) . 19 MR. ARNOLD: And if we need to do a secondary 20 meeting, if that's the wishes, then so be it, but 21 let me at least, for those people who have taken 22 time to come tonight, try to get through the 23 changes that we're making to the document. 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: I think that's going to be more 9A 7 1 distracting in trying to set up than for me just to 2 do it. 3 UNIDENTFIED MALE VOICE: Pardon? 4 MR. ARNOLD: I think that's more distracting 5 for them to be setting up while we're doing this. 6 UNIDENTFIED MALE VOICE: I think we just need 7 to forget the visuals. 8 MR. ARNOLD: Okay. 9 UNIDENTFIED MALE VOICE: Just keep doing what 10 you have to do. 11 UNIDENTFIED MALE VOICE: I think you just need 12 to run through (indiscernible) . 13 UNIDENTIFIED FEMALE VOICE: Just keep going. 14 UNIDENTFIED MALE VOICE: And we're going to do 15 a redo. 16 MR. ARNOLD: I'm going to keep going through 17 some of our proposed amendments as they continue to 18 work on the visuals. 19 Again, as I mentioned, we're having a 94-acre 20 parcel of property north and west of our current 21 boundary. That area is going to be preserved as 22 part of our project. We are increasing the number 23 of dwelling units in the project from 590 to 870. 24 MULTIPLE VOICES: (Indiscernible) (Booing. ) 25 MR. ARNOLD: While that may be of some 9A 8 1 distaste to you, it is certainly within the limits 2 of what is allowable under the county's 3 comprehensive plan. 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. ARNOLD: And, again, as I have heard many 6 of you discuss, one of the more significant changes 7 on our master plan that we propose is the 8 elimination of the golf course, and that was 9 identified -- 10 MULTIPLE VOICES: (Indiscernible) (Booing) . 11 MR. ARNOLD: -- for the eastern parcel of the 12 project. And we are now proposing to put 13 residential dwelling units and an amenity in the 14 residential area on the east side of Vanderbilt 15 Drive. 16 UNIDENTFIED MALE VOICE: Can you point it out 17 on something (indiscernible) you're talking about 18 something? That would be helpful. 19 MR. ARNOLD: They're not going to be able to 20 see that (indiscernible) . 21 MULTIPLE VOICES: (Indiscernible) . 22 UNIDENTIFIED FEMALE VOICE: Pick one. Show 23 the other. They're not even (indiscernible) . 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: (Indiscernible) acres 9A 9 1 (indiscernible) . 2 Folks, please, please. 3 MULTIPLE VOICES: (Indiscernible) . 4 MR. ARNOLD: May I please -- 5 MULTIPLE VOICES: (Indiscernible) . 6 MR. ARNOLD: Let me please run through the 7 changes for those who took the time to come out and 8 I don't have that many more things I need to get on 9 the record. So if I could, please. 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: We're also adding some additional 12 deviations to support the residential development. 13 The project was approved many, many years ago in a 14 different form than the county now uses, so some of 15 the things were called substitutions, are not 16 deviations, so we're reformatting that and adding a 17 few new ones. 18 Again, we are identifying areas both east and 19 west for residential dwellings. The high-rise 20 development will remain on the west side of 21 Vanderbilt Drive. 22 MULTIPLE VOICES: (Indiscernible) . 23 MR. ARNOLD: The -- as you're looking 24 (indiscernible) toward the Gulf is the west side of 25 the property, and that's where continued high-rises f 9A 10 1 will be. 2 The project will still have its extensive 3 preserve areas. 4 MULTIPLE VOICES: (Indiscernible) . 5 UNIDENTIFIED FEMALE VOICE: The 94 acres, is 6 that going to be behind -- 7 MR. ARNOLD: Can we hold questions until I 8 finish? And we need to have all questions on the 9 microphone so the recording can pick them up, okay? 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: The -- hey, Sharon, which is -- 12 UNIDENTIFIED FEMALE VOICE: Louder, please. 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: (Indiscernible) Sharon, point to 15 some of this as we go through it. I'm going to 16 have Sharon highlight the new acreage that we're 17 adding. You see that's the current property 18 boundary. Sharon, you're going to have to drop 19 that down just a little so they can see it. 20 The area to the top left, it's about 94 acres, 21 and it's being added to this PUD. 22 UNIDENTIFIED FEMALE VOICE: What are you going 23 to do with it? 24 MR. ARNOLD: That is going to be preservation 25 area on our master plan. 1 9A 11 1 UNIDENTFIED MALE VOICE: It's already 2 preservation. 3 MULTIPLE VOICES: (Indiscernible) . 4 MR. ARNOLD: Please, everybody, please. Can I 5 please finish the presentation? There will be 6 plenty of time for questions and comments. 7 This is a copy of the existing PUD master plan 8 that depicts the residential development tract west 9 of Vanderbilt Drive. It has a golf course parcel 10 to the east and it made provisions for a small, 11 multi-family residential tract to the east. 12 UNIDENTIFIED FEMALE VOICE: Two homes 13 (indiscernible) . 14 MR. ARNOLD: The proposed master plan -- 15 Sharon, I think you may have that one cued up next. 16 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 17 because we don't have an attorney. 18 MR. ARNOLD: This is our proposed master plan 19 and you can see that we've kept the R-1 tract 20 designation to the west. The eastern parcel on the 21 east side of Vanderbilt Drive, we're redesignating 22 the large tract as R-2. 23 And then the fingers, we call it, which is the 24 parcel that goes all the way out to U.S. 41, is 25 being designated as an amenity and residential ' 9A 12 1 tract. And that would support community 2 maintenance, tennis courts, tennis club potentially 3 residential development units and a few other 4 community clubhouse-type uses. 5 I'll point out, and Sharon, if you can point 6 out, I'll point out our project access points for 7 you. We have one access point on Wiggins Pass 8 Road. We have three accesses on Vanderbilt Drive, 9 two that align -- that were existing. We had one 10 proposed at the north end of the property, to the 11 west side -- 12 UNIDENTFIED MALE VOICE: Where's one? 13 MR. ARNOLD: And then, Sharon, if you'll point 14 out also our access out to U.S. 41 for the finger 15 parcel. 16 So those are those access points. You can see 17 that a lot of the property is preserved and 18 submerged lands, and other preservation areas. 19 And, again, that's the newly proposed master plan. 20 Sharon, if you want to go next, I'll just keep 21 going through the slides. 22 This is a conceptualized illustrative type 23 plan with some color that shows you kind of the 24 context of how that looks. You can see we've 25 depicted the high-rise general locations and the t 9A 13 1 other residential area to the west side of 2 Vanderbilt Drive. 3 And then on the east, that area was preserve 4 and other open space areas would be the 5 eastern-most residential tract. And Sharon, if you 6 could highlight that amenity and residential area 7 there. 8 UNIDENTFIED MALE VOICE: Do you have that on 9 an aerial? 10 MR. ARNOLD: That shows you sort of in context 11 of your neighborhood, where we are and how we 12 (indiscernible) . 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: Do you want to move on to 15 (indiscernible) ? 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: Just for some site summary 18 information that we put together, just so you're 19 aware, the total site that was previously approved 20 was about 532 acres. What we're proposing today 21 has 626 acres in it. 22 The county calculates density, those areas 23 above mean high waterline and those -- those are 24 counting toward density. 25 The original plan had about 404 acres. This 9A 14 1 plan has about 461 acres. Originally approved for 2 590. We're proposing 870 dwelling units. 3 You can see the preserve element space number 4 has increased significantly. 5 And then on the last line I've put in there, 6 the project density that's been approved is about 7 1.46. The net change, with our increased units, so 8 it's about 1.89 units per acre based on the 9 county's calculation for density. And probably 10 doesn't mean a lot to you, but under the county's 11 comprehensive plan, we are allowed to seek up to 12 three dwelling units per acre for the property, so 13 we're still significantly below that number. 14 Sharon, we want to move to the next -- again, 15 these are sort of the highlighted provisions that I 16 talked (indiscernible) the first time, again, 17 increasing the acreage of the project, increasing 18 the number of dwelling units, adding single, 19 multi-family -- 20 UNIDENTIFIED FEMALE VOICE: Can't hear. 21 MR. ARNOLD: -- unit development standards for 22 those areas. 23 UNIDENTFIED MALE VOICE: Louder. 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: (Indiscernible) tennis facility. 9A 15 1 UNIDENTFIED MALE VOICE: There you go. 2 MR. ARNOLD: Is that louder? 3 UNIDENTFIED MALE VOICE: Yes. 4 MR. ARNOLD: And the -- adding location and 5 dimension for the docks, those were highlighted as 6 an (indiscernible) on the master plan. 7 UNIDENTIFIED FEMALE VOICE: Where are docks? 8 UNIDENTFIED MALE VOICE: Where are the docks? 9 UNIDENTIFIED FEMALE VOICE: Where are the 10 docks? 11 MR. ARNOLD: I'll go back to the master plan 12 and point where those are in just a moment. 13 We're adding an amenity residential district. 14 We're also adding (indiscernible) . 15 UNIDENTIFIED FEMALE VOICE: You want to add -- 16 MR. ARNOLD: And we're adding certain 17 deviations to deal with development in concurrence 18 with our development plan. 19 Sharon, could you go back to the proposed 20 master plan for me and I'll highlight the dock 21 area? Sharon's depicting where on our plan the 22 docks will be. They're located just south of the 23 preserve area and just north of the Pelican Isle 24 Yacht Club. 25 We've shown an inset. And on the master plan, } 9A 16 1 it depicts the configuration of those. Tim, I 2 believe there are 35 docks that are proposed? 3 MR. HALL: Right. 4 MR. ARNOLD: And we're including the docks in 5 this submittal because the county -- we would be 6 required to go through a boat dock extension 7 application. We're including these as a deviation 8 to go through the process with one series of public 9 hearings rather than to come back and do that as a 10 secondary set of hearings. Thought it would be 11 easier to deal with everything (indiscernible) . 12 UNIDENTIFIED FEMALE VOICE: Is it the back 13 water that becomes docks? 14 UNIDENTIFIED FEMALE VOICE: Yeah, that's the 15 (indiscernible) wetlands. 16 MR. ARNOLD: That's -- can you move back to 17 the other slide? 18 UNIDENTFIED MALE VOICE: Where are the 19 high-rises? 20 UNIDENTIFIED FEMALE VOICE: On the other side. 21 MR. ARNOLD: Sharon will point out -- Sharon, 22 why don't you just circle for everybody where the 23 docks are on that plan, where the high-rise tracts 24 are west of the roads, all of that, and then the 25 residential tract east of the road and then our 1 9A 17 1 (indiscernible) residential areas highlighted in 2 the tan color. 3 UNIDENTIFIED FEMALE VOICE: How do you get to 4 the docks? 5 UNIDENTFIED MALE VOICE: (Indiscernible) . 6 UNIDENTIFIED FEMALE VOICE: How do you get to 7 the docks? 8 MULTIPLE VOICES: (Indiscernible) . 9 MR. ARNOLD: The -- again, this plan is 10 conceptual (indiscernible) . 11 If I could ask everybody to please be quiet. 12 We're going to get through this really quickly and 13 I'll be happy to hear from anybody. It's hard to 14 hear over everybody else, so let's please keep that 15 in mind. 16 So that really is the highlight of our changes 17 that we're proposing to do. Again, there are other 18 numerous changes that we're making. 19 I also want to remind everybody. I don't know 20 where the sign-in sheet is, but the county asked us 21 to try to get a sign-in sheet the best we can, and 22 if somebody could keep that moving through the 23 process, I would appreciate it very much. 24 UNIDENTIFIED FEMALE VOICE: Where's the 25 sign-in -- t 9A 18 1 MR. ARNOLD: What's that? 2 UNIDENTIFIED FEMALE VOICE: Tell them the 3 sign-in sheet is coming around. 4 MR. ARNOLD: The sign-in sheet is coming 5 around. I don't know where it is in the room at 6 the moment. It's back here. 7 UNIDENTIFIED FEMALE VOICE: Why don't you have 8 a couple for this size? 9 MR. ARNOLD: We're doing the best we can, 10 okay? 11 MULTIPLE VOICES: (Indiscernible) . 12 MR. ARNOLD: Let me just again explain where 13 we are in the process.. This is kind of the first 14 part of a process that takes many months. We've 15 been in the review process since I think back just 16 before the first of the year. 17 So staff has had an initial round of comments, 18 and we have not resubmitted. We purposely held off 19 resubmitting because we wanted to hold the 20 neighborhood meeting, find out what some of the 21 issues may be that we can address in our 22 resubmittal to the county and then get back in. 23 And the process takes several months, but 24 getting to the planning commission from here could 25 probably take us several other months, but it's 9A 19 1 likely that if this moves through in a normal 2 fashion, we would have hearings in probably six 3 months or so and that would not necessarily be in 4 season, so we wanted to make sure that we got the 5 information out to you while many of you were still 6 here. 7 We have heard from many of your neighbors that 8 they've already gone north, et cetera. So we've 9 taken and responded to many of those e-mails that 10 we've received and do the same for anybody else who 11 wants to do that. 12 UNIDENTIFIED FEMALE VOICE: Can you have 13 (indiscernible) . 14 MR. ARNOLD: Uh-huh, right. 15 So we have not scheduled public hearings and I 16 don't even have a time frame that I could tell you 17 roughly what that is. It's just going to be an 18 evolution of how many iterations staff wants to 19 see. We're amending the PUD document and the other 20 agreement that was established back in 2008. 21 So this is going to take us some time and 22 appreciate you all coming out. 23 What I'd like to do, anyone who wants to 24 speak, I'm going to have to ask you to come forward 25 and speak into the microphone. And if you want to 9A 20 1 get a little line going or something, that might be 2 helpful just to move it along, and we could try to 3 capture -- the county requires that we tape this. 4 So it's -- it's helpful if we can all be quiet so 5 we can pick up the recording. 6 Your planning commissioners listen to these 7 tapes. Your county commissioners listen to the 8 tapes and read the transcript. So it's important 9 that they understand the context of what we're 10 doing. 11 I promised the gentleman from Tarpon Cove that 12 he could speak first. He's with the association. 13 Sir, do you want to come up and make a comment? If 14 you can give your name for the record, I would 15 appreciate it. Talk loud. 16 MR. SHIELDS: Yes. My name is Mike Shields 17 (phonetic) . And I asked to speak earlier only to 18 ask for some decorum. I understand this is a very 19 passionate thing for us, and we need to get through 20 it. We can't get through it if everybody is 21 talking at the same time, but I will give them a 22 chance, but I appreciate everyone out here allowing 23 this thing to get to this point. 24 Again, I just want to say I live right next to 25 -- on the finger part there. And when I bought 9A 21 1 there, it's this great place. And I believe in 2 development, but what's happened so far along 41 is 3 becoming -- it's very noisy for us on the personal 4 side. 5 When I see the finger area there, that's right 6 next to where we live. So, obviously, there's some 7 concern. And as the president of our association, 8 I've heard a lot of people come to me and there's 9 some other concerns, but I'm going to ask them to 10 give them to you directly, so that's 11 (indiscernible) . Thank you. 12 MR. ARNOLD: Thank you. Sir, if you don't 13 mind giving your name, too. That would be great. 14 MR. SCHNEIDER: My name is Leo Schneider 15 (phonetic) . I live in Cove Towers. I basically 16 have two questions. 17 Will Wiggins Pass Road be widened? And what 18 type of home, style homes are going to be built 19 where the golf course was going to be built? 20 MR. ARNOLD: I'll take my best shot. The -- 21 as I understand it, all the right-of-way has 22 previously been dedicated to Collier County for 23 both Wiggins Pass and Vanderbilt Drive. The county 24 would be responsible for making any proposed 25 roadway improvements to Wiggins Pass Road. 9A 22 1 I don't believe -- Norm Trebilcock, our 2 transportation engineer, is right there. He may 3 want to give you a more specific answer, but the 4 general answer is we don't trigger necessary 5 improvements to our project other than providing 6 appropriate turn lanes for the project. 7 MR. TREBILCOCK: Right. That's correct. 8 Again, my name is Norm Trebilcock. I did the 9 traffic study for the project. And the development 10 has provided additional right-of-way to the county 11 so that in the event they are able to do the 12 widening of the road, they can, but in terms of the 13 project itself, it doesn't trigger four-laning or 14 anything like that on the roadway. Thank you. 15 UNIDENTFIED MALE VOICE: Type of home, 16 MR. ARNOLD: Okay. The second part of that 17 question was what type of homes that we're going to 18 be building. And we made provisions for there to 19 be single family and multi-family, nonhigh-rise. 20 And we made a provision for other structures to be 21 a maximum of 60 feet in height. The multi-family 22 and single family residential have a zoned height 23 of 35 feet in our proposal. 24 UNIDENTIFIED FEMALE VOICE: Is that what's 25 proposed in the golf course area? 1 9A 23 1 MR. ARNOLD: I'm going to have to get all 2 questions on the microphone, ma'am. 3 UNIDENTIFIED FEMALE VOICE: That was the 4 question. 5 MR. WEIDENFELD: Yes. My name is John 6 Weidenfeld (phonetic) , Villages of Emerald Bay. 7 And I believe I have a three-part question. 8 The first part is why was the additional 94 acres 9 added to the project? Was that due to the increase 10 in population in your project or is there another 11 reason? 12 Secondly, does that land, which you're setting 13 aside as preserve, is that guaranteed to be 14 preserve forever? 15 MULTIPLE VOICES: (Indiscernible) . 16 MR. WEIDENFELD: And is your guarantee on that 17 better than your guarantee not to come back with an 18 increase as you guaranteed to the commission many, 19 many years ago? So we want to make sure that your 20 guarantee this time is going to be kept. Okay? 21 The third part -- and I've lost track of where 22 I was on this. That will do for now. 23 MR. ARNOLD: Dick, do you want to respond? 24 MR. GRANT: I'll answer the questions. My 25 name is Dick Grant. I'm the lawyer. So you can 9A 24 1 throw rocks at me if you want. 2 The first question was why was -- why is the 3 94 acres being added. The answer is because the 4 client owns the land and it was decided that it 5 ought to be part of the same planned unit 6 development, and it does create additional land 7 area that does allow for county density, okay? So 8 that's the honest answer. 9 MULTIPLE VOICES: (Indiscernible) . 10 MR. GRANT: In terms of its use, it's being 11 designated as a preserve area and as long as the 12 zoning continues to designate it as preserve area, 13 were the zoning to be approved as requested, then 14 it will remain that way. 15 I think that -- I think those were your two 16 questions, right? You said three, but I think I 17 only hear two questions. 18 MR. WEIDENFELD: So that will stay as a 19 preserve area provided the zoning isn't changed, 20 you say? Now, what's the guarantee that you folks 21 won't come back after this is completed and say now 22 we want to extend this, can we have a zoning 23 change? Will you push for a zoning change after 24 this is completed? 25 UNIDENTIFIED FEMALE VOICE: Of course, they ' 9A 25 1 will. 2 MR. GRANT: I don't want to engage in an 3 argument or a debate, but the honest answer is that 4 people that own property that has been zoned can 5 always ask to have it changed. It doesn't mean 6 they're going to get it, okay? But they can ask. 7 MR. WEIDENFELD: Well, we know how things work 8 in Collier County. 9 MR. GRANT: I don't know that that's the case, 10 but, again, I don't want to debate that point. 11 There is a process here. We are in the beginning 12 of the process. There are going to be two public 13 hearings where action will be taken, the first one 14 being the planning commission, which is purely a 15 recommendation. It's advisory. And then the 16 ultimate real decision will be the Board of County 17 Commission, and you all will have the opportunity 18 to be part of that, and we are here to try to 19 explain to you what the owner proposes to do as 20 best we can. 21 I'm sorry about the circumstances. I don't 22 know that it's that complicated. And we're also 23 here to listen, okay? We're not -- we're here to 24 listen, okay? It doesn't mean we will agree with 25 things that is said. It doesn't mean that because 9A 26 1 somebody doesn't like something or feels it's a bad 2 idea that we may have a client that is willing to 3 change it, but people listen, okay? So this is -- 4 this is designed as a two-way street. It's to 5 inform you and for us to listen and we go forward. 6 Okay? 7 MR. ARNOLD: Thanks, Dick. 8 MR. HOLTZ: My name is Josh Holtz (phonetic) . 9 I'm a resident of Collier County, North Naples, and 10 I have been for 20 years with my wife. 11 I'd like to make a couple concept comments. 12 And the first is the use of the word "entitled. " 13 And I don't like that. I really think that 14 something broader is involved. 15 When Kennedy was inaugurated and Robert Frost 16 was a poet laureate and he said the land was ours 17 before we were the land. And there's a sense of 18 community about the land and there's a sense of 19 participation and involvement about being a good 20 neighbor, and I think that this group should 21 compromise their proposals and find something that 22 is more even handed than the densities that they're 23 asking for now and the involvement that they're 24 asking for now. Thank you. 25 (Applause. ) 9A 28 1 The area, ma'am, that -- the boat docks 2 proposed is here. All of this remains a preserve 3 area. The development area is up here north of 4 Wiggins Pass. 5 MS. PARSONS: I know, but I'm talking about 6 before, they were going to cut down trees and make 7 a fake tree for the eagles. Now what are they 8 going to do now? I mean, are they going to make 9 fake mangroves for the fish? 10 (Applause. ) 11 MR. ARNOLD: I can let our biologist respond 12 in a more specific way, but I don't believe it's 13 the intent of the developer -- and, Tim, you 14 obtained all the permits. Do you want to come and 15 address the mangroves, which is the question? 16 UNIDENTFIED MALE VOICE: (Indiscernible) . 17 MR. ARNOLD: This is the -- 18 MS. PARSONS: Well, my understanding is that 19 both the state and the federal government, the 20 state and the federal government are supposed to be 21 protecting this. So I don't know how you even got 22 to buy this property and why you're putting housing 23 and boat docks where they're not supposed to be in 24 the mangroves. 25 (Applause. ) 9A 29 1 MR. ARNOLD: Well, the easy answer to that is 2 there are both state and federal requirements for 3 permitting projects that are in areas that have 4 wetlands or mangroves or even upland areas that are 5 considered significant because of wildlife or the 6 type of vegetation. So there are permitting 7 processes. 8 The developer has already gone through much of 9 that process for especially the high-rise pad. And 10 Tim, I think you did all of that permitting, 11 including -- so maybe you didn't, but you're well 12 aware of the permits we have. 13 MR. HALL: Yeah. The docks aren't changing as 14 part of this proposal. They're already permitted 15 in the location where they're shown and they have 16 been for many years. 17 MS. PARSONS: Well, how are the people 18 supposed to get over to those docks if they're 19 going to be over here? 20 MR. HALL: All of the docks are just in this 21 little waterway coming out from like where the 22 county park is. There's no docks proposed anywhere 23 further north along the waterway. They're all in 24 that one (indiscernible) . 25 MS. PARSONS: So you're not going to damage 9A 30 1 this area? 2 MR. HALL: You'll get to them through a 3 boardwalk the same way that many other facilities 4 do. There's a boardwalk out to the docks. 5 MS. PARSONS:. How many docks do you plan? 6 MR. HALL: There's 35 permitted. 7 MS. PARSONS: Okay. Now, I have another 8 question. I want to know -- I also want to know 9 about the road. Vanderbilt Drive, at the moment, 10 it's hard for us to get in and out of our 11 developments along the way, especially with the 12 season, in season. 13 Now, if we get another thousand, two thousand 14 people in the area, how are we even going to ever 15 get out? We're going to be stuck where we are. I 16 don't know. Nobody is talking about the traffic 17 pattern. 18 (Applause. ) 19 MR. ARNOLD: Collier County does mandate that 20 we provide a detailed traffic analysis, looking at 21 the impacts on all the surrounding roads or any of 22 the segments of roadways that we touch. 23 Norm Trebilcock has prepared our engineering 24 and transportation analysis looking at those 25 potential impacts, and I drive the road every day, 9A 31 1 too. My office is just up the street from where 2 you live, and this time of season, it's busy 3 everywhere in southwest Florida, including 4 Vanderbilt Drive. 5 And we'll (indiscernible) respond. 6 MR. TREBILCOCK: Thank you. Probably a couple 7 of key things I'll have to do in the development, 8 is put in turn lanes and turn bays and things like 9 that for the development. 10 UNIDENTFIED MALE VOICE: We can't hear you. 11 Talk louder. 12 MR. TREBILCOCK: Sorry about that. Yes. 13 Okay. 14 We'll have to put in turn lanes and turn bays. 15 We've also provided the county with additional 16 right-of-way for the widening of the roadways if 17 that's needed down in the future, but this project 18 itself doesn't require the roadways to be widened 19 to four lanes or anything like that, either 20 roadway, but we would provide for a widened path 21 along Vanderbilt Drive. That is in the plan to be 22 done by us as well. 23 MS. PARSONS: Yeah, because we have a lot of 24 cyclists and we're going to have this narrow road 25 with more people and what are we supposed to do? I 19A 32 1 mean, this is bad. 2 MR. TREBILCOCK: Exactly. So a big part of 3 what we need to do when we come in and do the 4 improvements is make sure that they have the proper 5 turn lanes and to maintain the capacity as best 6 possible. So thank you. 7 MR. ARNOLD: Thank you. 8 MS. PARSONS: I guess that's it. 9 MR. ARNOLD: Okay. Thanks. 10 MR. JONES: Thank you for allowing me to 11 speak. My name is Peter Jones. I live at Wiggins 12 Lakes and Preserves. And the board of directors of 13 Wiggins Lakes and Preserves has voted to voice 14 concerns and dismay about this project. 15 (Applause. ) 16 MR. JONES: I'm just going to read part of the 17 letter which will be transmitted. Our primary 18 concern is the elimination of a long-proposed golf 19 course from the 180 plus or minus acres located to 20 the north of Wiggins Pass and the possible 21 substitution of 280 housing units in its place. 22 Added to the already approved 590 units in the 23 five high-rise buildings, this will cause 24 unreasonable increases in traffic congestion and 25 population density in the area. 9A 33 1 Further, according to the very clear language 2 in paragraph eight, which I'm sure you're all 3 familiar with, that if the golf course happens to 4 go away, then this shall remain forever, which has 5 a short shelf life, I guess, forever as green, open 6 space. 7 (Applause. ) 8 MR. JONES: If the developer wishes to 9 eliminate the golf course, we expect the developers 10 to live up to the provision of the agreement and 11 maintain that area as open space. Residents of our 12 community have purchased homes relying on this 13 parcel remaining its green designation and Wiggins 14 Pass remaining a great place to live. 15 We can understand a developer attempting to 16 get out of the commitment to a golf course or open 17 space. The developer obviously wants to make as 18 much money as possible, and that's the way it goes. 19 But we cannot understand Collier County planners, 20 nor Collier County commissioners allowing this even 21 to be considered so close to a 2008 agreement. 22 (Applause. ) 23 MR. JONES: Citizens have chosen the North 24 Naples area to purchase homes and live certain this 25 parcel was protected from further development. We 9A 34 1 looked forward to green space or a scenic golf 2 course to compliment the neighborhood. 3 It is bad enough to allow 590 homes in five 4 huge high-rises. It is inconceivable to burden 5 this area with 47 percent more homes spewing 6 traffic onto the narrow two-lane streets. Please 7 kill this idea quickly and decisively. 8 (Applause. ) 9 MR. JONES: Thank you for allowing me to 10 speak. I have one question and that is on the 11 parcel north of Wiggins Pass, will all of the 280 12 units be located there? 13 MR. ARNOLD: The easy answer to that is we 14 have not allocated dwelling units to either side of 15 the R-1 or R-2. 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: So to say that all 280 units 18 could be placed there is potentially there. That's 19 something that I'm sure we would be discussing with 20 out development team and with staff planners. 21 MR. DION: My name is (indiscernible) Dion 22 (phonetic) . Some of you may know me. 23 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 24 MR. DION: Excuse me? 25 UNIDENTIFIED FEMALE VOICE: You have to talk 1 9A 35 1 louder. 2 MR. DION: I do the road, the Adopt a Road 3 program for Collier County. I'm the one that picks 4 up all the trash on Wiggins Pass. 5 (Applause. ) 6 MR. DION: And what I pick on the ground, you 7 have no idea what I pick. It's unbelievable. 8 Sometimes I have to go to the infirmary just to see 9 what's going on. 10 But in any event, lately, especially this 11 year, this (indiscernible) last year, I've noticed 12 the amount of cars that are driving on Wiggins 13 Pass. Now, it comes to the point where I can only 14 do it on Sunday mornings because with the traffic 15 that we have at the moment, and the thousand cars 16 or more on the road is absolutely unconscionable, 17 and that cannot happen. Thank you. 18 (Applause. ) 19 MR. MARKS: I'm Todd Marks (phonetic) owner in 20 Tarpon Cove. 21 I'm disappointed that we don't have a county 22 commissioner here to answer -- 23 (Applause. ) 24 MR. MARKS: From my perspective, I can see 25 this as a business decision. I'm trying to stand 9A 36 1 back from the emotional impact, et cetera. 2 MULTIPLE VOICES: (Indiscernible) . 3 MR. MARKS: Sorry. I have to shove it in my 4 mouth here. Okay. 5 So I understand the business decision for 6 reopening the judicial decision that was decided 7 years ago. From the -- I understand it from the 8 developer's perspective because it represents a 75 9 to a $100 million profit increase to do so. 10 What I don't understand and what we have to 11 have answered from my perspective is from the 12 commission side. Without assuming anything 13 nefarious, there has to be at least an equivalent 14 economic benefit to the county to open that up 15 again. And if there isn't, they have no business 16 addressing the issue. Thank you. 17 (Applause. ) 18 MR. WILSON: Good afternoon. My name is Dick 19 Wilson. I'm president of Tower Point, a 20 condominium in Arbor Trace. 21 Last evening, I attended a community meeting 22 with 35 of our local leaders. In that meeting, we 23 discussed this project. It quickly became very 24 evident that all of the people attending that 25 meeting were opposed to the county commissioners 9A 37 1 making any change in the previously approved 2 planned unit development. That's the way we felt. 3 (Applause. ) 4 MR. WILSON: Their application is very 5 one-sided. It's all in favor of the developer. 6 There's nothing in there for the neighbors, for the 7 community, and I don't think there's anything in 8 there for the county either. 9 I appreciate all you people who have been 10 standing back in the back, but I'm going to put you 11 to use right now, because we need to give a strong 12 message to our county commissioners, and the way 13 we're going to do it is all those who believe that 14 we should ask the county commissioners to make no 15 change in the previously approved PUD to stand up 16 and say no. Will you do that for me? 17 MULTIPLE VOICES: (Multiple shouts of no. ) 18 (Applause. ) 19 MS. GREENLEAF: My name is Claudia Greenleaf 20 (phonetic) , and I'm a 15-year resident of Tarpon 21 Cove, and several of you here realize that that's 22 this little corner just to the right of the yellow 23 square over here. And you can see where all of our 24 units are, like I said. 25 Every one of us that live in there, 365 9A 38 1 families, bought there because of preserve. And we 2 all worked very hard in 2008 to come up with the 3 language that said would be forever green space 4 should that golf course not evolve. 5 (Applause. ) 6 MS. GREENLEAF: Now, at that time, we were all 7 very aware of the five units that are going over 8 here and what that was going to affect. That is 9 nothing to new to us. What happens to our 10 community right here -- you can see these people, 11 and I'm one of those. I have always lived on the 12 preserve side. I've owned two homes in there now. 13 We watch the wildlife every day. You're 14 suggesting along the strip to 41, which is going to 15 be my backyard, where I have birds and I have deer 16 and everything else, that's going to be a facility. 17 If there are lighted tennis courts, what? 18 Everything is going to be gone, correct? 19 MULTIPLE VOICES: (Indiscernible) . 20 MS. GREENLEAF: And the people that live in 21 this second part over here, they have a creek that 22 runs. And all they're going to look at directly -- 23 now, I would say, first of all, I would encourage 24 them to keep it the way it is, but I would also 25 say, please, we are families that have lived there 9A 39 1 forever, and we look into green space. We have to 2 have green space. 3 And the traffic is just unheard of. We 4 bicycle all the time along those areas. That 5 becomes emotional because another thousand families 6 living along there and that traffic is unheard of. 7 But the bike paths are used all the time, and we 8 don't want to lose any of that in our county 9 either. We have to be friendly to the people that 10 are active around here. Thank you. 11 (Applause. ) 12 MS. REINHARDT: My name is Melissa Reinhardt 13 (phonetic) , and we live in Tarpon Cove. And I ride 14 my bike along on Wiggins Pass practically every day 15 and I see wood storks in the area of where the golf 16 course was supposed to be. Have you checked to 17 make sure they're not nesting in there? 18 (Applause. ) 19 MR. HALL: We have. There is foraging 20 activities that happens in some of the wetlands 21 there on the site. And those are the same wetlands 22 that are being proposed for preservation as we go 23 forward. 24 MULTIPLE VOICES: (Indiscernible) . 25 MS. REINHARDT: In the golf course area, 9A 40 1 though? 2 MR. HALL: Yes. 3 MS. REINHARDT: That's where I see them. 4 MR. HALL: Yes. 5 MS. REINHARDT: I thought that was going to be 6 homes. I didn't think that was going to be 7 preserves. 8 MR. HALL: That's going to be preserves. 9 There will be preserve on that side as well. 10 MS. REINHARDT: Where will the preserve be, 11 then? I thought this was going to be the golf 12 course. 13 MR. HALL: The golf course ran around preserve 14 areas. 15 MS. REINHARDT: Yeah. 16 MR. HALL: And the homes that are being 17 proposed run around those same preserve areas that 18 have been proposed in previous plans. 19 MS. REINHARDT: Oh, okay. So you've checked 20 for wood storks and things like that? 21 MR. HALL: Yes, ma'am. 22 MS. REINHARDT: Okay. 23 UNIDENTIFIED FEMALE VOICE: We didn't hear 24 you. 25 UNIDENTFIED MALE VOICE: We don't know what -- 9A 41 1 MR. DESIATTO: My name is Curry Desiatto 2 (phonetic) . I live in Tarpon Cove. 3 I was a builder and developer for 30 years. I 4 used to be where he's standing. I used to hire 5 these same people, the traffic engineer, the 6 biologist, the engineers and the attorney. I know 7 all about this stuff. 8 I find it personally insulting what the 9 attorney just said a few minutes ago that we tried 10 to describe this because it's a rather simple 11 change. That is bull. If anybody swallows that 12 (indiscernible) . 13 (Applause. ) 14 MR. DESIATTO: My first question is, how many 15 people does -- do you figure per unit for the 870 16 units? How many people are you estimating that to 17 be? 18 MR. ARNOLD: You know, sir, I don't -- we 19 don't estimate by population. The county has -- 20 MULTIPLE VOICES: (Indiscernible) . 21 MR. ARNOLD: That's not how we -- everything 22 we do for traffic analysis, as you well know, it's 23 based on numbers of units and the ITE, which is the 24 traffic institute, establishes ratios for the type 25 of residence that you have. But I don't have a per 1 9A 42 1 population figure. 2 If it ends up being largely 55 and over that 3 don't have school-aged children, you're probably 4 going to have a number closer to two per household. 5 MR. DESIATTO: Just let's stay with the two. 6 I really think it should be two five, but we'll say 7 two. Multiply that, folks. That's 2, 000 people. 8 It's not a thousand people. How many cars would 9 you say that would be? Do you use 1.5 for your 10 estimation for cars, the traffic (indiscernible) of 11 that? How many cars did you figure out? 12 MR. TREBILCOCK: It's vehicles per day. 13 MR. DESIATTO: How many vehicles per day? I 14 saw your -- I already read your report, so I know 15 the answer. 16 MR. TREBILCOCK: Okay. (Indiscernible) . 17 MR. DESIATTO: All right. He already 18 estimated that the morning drive-by traffic will 19 increase by 102 percent. The nighttime traffic, 20 what does it increase? It was 123 percent, if I 21 recall? Multiply that out, folks. That's over a 22 thousand -- it's about 1,300 more cars. 23 And then they're saying we don't need to widen 24 Wiggins Bay Pass. What are you? Out of your mind? 25 How could you say -- we've been here 9A 43 1 (indiscernible) . 2 (Applause. ) 3 MR. DESIATTO: How could you not widen Wiggins 4 Pass? 5 (Applause. ) 6 MR. DESIATTO: You blame it on the county. 7 You say, well, it's up to them to do it. Don't 8 tell me that adding turning lanes, which you are 9 required to do, you're not doing me a favor, you're 10 required to put the turning lanes in, are going to 11 handle 1, 300 more cars. What about the joggers? 12 What about the bicycle people that we deal with 13 every day? Two thousand more. Think about that. 14 Don't let this happen, folks. Don't let it 15 compromise. Stay the course. Keep the deal. 16 Thank you. 17 (Applause. ) 18 MR. WOOD: Eat the mike. I understand. 19 My name is Roger Wood (phonetic) . I live in 20 Cove Towers. I have a question for the traffic 21 engineer. How many people are in this room? Well, 22 I mean, you count people. You count cars, you 23 count people. Do you have an estimate on how many 24 people are in the room? 25 MR. TREBILCOCK: No. 9A 44 1 MR. WOOD: All right. I have an estimate. 2 I'd say there's 700 people here. Now, you got one 3 sign-in sheet for 700 people, right? 4 Now, let's just track this through. Okay. So 5 if everyone, including the slow writers and the 6 people without their glasses, take ten seconds to 7 sign in, that's six a minute, okay? And there's 8 700 people. We're going to be here, with one 9 sign-in sheet, until about 10:00 tonight, okay, if 10 you want everyone to sign in. 11 Why do I think that the sign-in sheet is 12 disingenuous? They don't want everyone to sign in. 13 Because they don't want everyone to sign in because 14 we all vote. And if -- 15 UNIDENTFIED MALE VOICE: (Indiscernible) . 16 MR. WOOD: Oh, we only have one 17 (indiscernible) . Sir, have you gone to the back of 18 the sign-in sheet? Oh, no, it's all full. What a 19 (indiscernible) . All right. 20 So let's keep going with this. Now, we all 21 vote. There is a record of this that the 22 commissioners are going to read. The commissioners 23 are never going to understand the magnitude of the 24 objections by everyone in this room to this project 25 with a sign-in sheet that looks like a 9A 45 1 (indiscernible) sign-in sheet and without some type 2 of a record of the number of people who have 3 appeared tonight to object to this project. 4 So that is my only comment. 5 (Applause. ) 6 MS. VERDIBRA: My name is Kathy Verdibra 7 (phonetic) and I'm from Cove Towers. And I have a 8 two-part question. 9 The first part is does the developer currently 10 own the land? 11 UNIDENTFIED MALE VOICE: No. 12 UNIDENTIFIED FEMALE VOICE: Yes. 13 UNIDENTIFIED FEMALE VOICE: Yes. 14 MR. ARNOLD: Yes, ma'am, the applicant owns 15 the property. 16 UNIDENTIFIED FEMALE VOICE: Who is he? 17 MS. VERDIBRA: Who is the applicant and why 18 isn't the applicant here? 19 MR. ARNOLD: The applicant is Lodge Abbott and 20 Associates (phonetic) ? Is that the -- it's Lodge 21 Abbott. And they are not here. 22 MS. VERDIBRA: Because. 23 MR. ARNOLD: But we are their representatives. 24 MS. VERDIBRA: Because? 25 MR. ARNOLD: We are. I don't know the reason 9A 46 1 they're not, but I can tell you I do this a lot. 2 Most of the time, the property owner is not in 3 attendance. 4 MS. VERDIBRA: Okay. My feeling is the amount 5 of disrespect that the team that the owner has 6 hired has shown to the neighborhood is beyond 7 (indiscernible) and you all ought to be fired. 8 (Applause. ) 9 MS. VERDIBRA: You don't have a meeting like 10 this -- you don't have a meeting like this that you 11 don't come a day before and set up your PowerPoint. 12 You don't have a meeting like this that you don't 13 plan for the capacity. You know how many letters 14 you sent out. You don't have a meeting like this 15 where you have one sign-in sheet. You are either 16 the most incompetent group of people that a 17 developer has ever (indiscernible) . 18 (Applause. ) 19 MS. VERDIBRA: Or more likely you simply hold 20 the neighborhood residents in total contempt. 21 Given that you don't want to abide by a legally 22 signed document that you agreed to eight years ago, 23 I think that's probably the fairest analysis we can 24 make since you all are like Bill Clinton, who 25 didn't understand what "is" is, and you don't 1 9A 47 1 understand what forever is. 2 (Applause. ) 3 MR. GRANT: Can I say something here? 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. GRANT: Did we underestimate the size of 6 the room? Obviously. Okay? No excuses. I'm 7 sorry if there aren't enough sign-in sheets. We're 8 going to pass them around. That's a mistake, too. 9 The AV equipment issue, I understand all that, 10 okay? We apologize. I don't happen to think we're 11 incompetent, okay? 12 MULTIPLE VOICES: (Indiscernible) . 13 MR. GRANT: Nor are we -- we aren't the owner. 14 We are here attempting to explain what this project 15 is and is not, and answer your questions. 16 I said it was simple. I'm sorry if somebody 17 thinks that was pensive. What I meant was the 18 density is being proposed to be increased and the 19 golf course is being proposed to be eliminated and 20 housing put in its place. That didn't seem too 21 complicated. That's basically what is being done. 22 That's all I have. 23 MULTIPLE VOICES: (Indiscernible) . 24 MR. GRANT: So we are attempting to explain, 25 we're attempting to answer your questions under 9A 48 1 what we acknowledge are not very good 2 circumstances. We're sorry about that. We are not 3 trying to keep anybody from talking. We're not 4 trying to keep anybody from registering their name 5 and we will go through this process as long as we 6 can all tolerate it and I would ask that everybody 7 try to be civil and appreciate that. Thank you. 8 MS. JOHNSON: Nicole Johnson (phonetic) , here 9 on behalf of the Conservancy of Southwest Florida, 10 and I appreciate that this is a NIM meeting for 11 rezone, but I think having this rezone application 12 and the NIM might be a bit premature, because the 13 changes that are being proposed are predicated upon 14 the county commissioners desiring to amend the 15 settlement agreement. 16 So we would recommend that the concept, not 17 the substance, but the concept of opening up the 18 settlement agreement first be taken to the 19 commissioners. If the answer is no, then it's 20 done. 21 (Applause. ) 22 MS. JOHNSON: But if the answer is yes, and 23 the Conservancy did not like the settlement 24 agreement because it did allow a 17-story building 25 within 100 feet of an active eagle's nest, but if 1 9 A 49 1 the county decides to open this up, then we really 2 recommend that your team work with the community, 3 work with the (indiscernible) holders who want to 4 support protection of the eagle's nest and see if 5 you can find some consensus for changes to the 6 project that will provide the economic viability 7 that you need, protect the neighborhood, the 8 quality of life community character and let's see 9 if we can do something to protect that eagle, 10 because we know it's not going to stay with a 11 17-story high-rise within a hundred feet of it. So 12 just some suggestions. 13 (Applause. ) 14 MS. WACK: My name is Nancy Wack (phonetic) 15 and I live in the Anchorage at 12945 Vanderbilt 16 Drive. I've owned property there for 32 years. So 17 I've seen a lot of development in the area. I have 18 three questions for you. 19 The southwestern portion of this proposal, 20 which is a part of the addition, I believe, what is 21 planned in that southwestern quadrant? 22 MR. ARNOLD: The southwest portion, which is 23 west of Vanderbilt Drive and -- 24 MS. WACK: Southwestern, down here, yes. 25 MR. ARNOLD: That is all part of our preserve 9A 50 1 designation on our master plan. 2 MS. WACK: Okay. The other question is, and 3 just for now, just a simple yes or no answer, have 4 you done updated environmental studies? 5 MR. ARNOLD: Yes, we have completed updated 6 environmental analyses that were submitted to the 7 county. Terrell Hall & Associates, who's the 8 environmental consultant, updated all the field 9 work. 10 MS. WACK: And the third question or concern, 11 my most concern is I've heard a lot about the 12 traffic on Wiggins Drive, and I understand it, 13 because I use Wiggins Drive a lot, Wiggins Pass 14 Road, but my concern, of course, is Vanderbilt 15 Drive, south of the bridges. 16 You know, if -- if, I don't know if there's a 17 proposal to widen Vanderbilt north of Wiggins, but 18 you're going to follow that traffic down into two 19 lane bridges. We just got those bridges. It took 20 years for us to have safe bridges to cross over to 21 get to the park, to get to the other end of 22 Vanderbilt Drive. 23 So what's the plan for Vanderbilt drive? 24 MR. ARNOLD: Thank you. 25 MR. TREBILCOCK: Yeah, I'm -- 9A 51 1 MR. ARNOLD: Oh, Norm is going to answer. 2 UNIDENTIFIED FEMALE VOICE: Norm's going to 3 answer the question. 4 MR. TREBILCOCK: I'm sorry. Again, Norm 5 Trebilcock. And I just want to answer the 6 question. 7 Vanderbilt Drive, it's the same thing on 8 Vanderbilt Drive. It's not scheduled to be 9 widened. However, the development has provided 10 additional right-of-way to widen Vanderbilt Drive. 11 They also are planning to do a wide pathway 12 along Vanderbilt Drive as well. Thank you. 13 UNIDENTIFIED FEMALE VOICE: That's north of 14 the bridge. What about south of the bridge? 15 MULTIPLE VOICES: (Indiscernible) . 16 MR. TREBILCOCK: Again, there's no plans to do 17 additional widening on the part of the county. 18 Within our property, we've provided additional 19 right-of-way for the widening, but, again, the 20 county is not planning to widen Vanderbilt Drive. 21 UNIDENTFIED MALE VOICE: Or Wiggins. 22 MR. TREBILCOCK: Or Wiggins Pass, yes. Thank 23 you. 24 MR. MENDELSEN: Again Bob Mendelsen (phonetic) 25 from Tarpon Cove. 9A 52 1 Like everyone here, I would like to see 2 nothing come from all of this, but I would like to 3 have some information. And everything seems very 4 vague. At this point, you can't tell us how many 5 units. You can't tell us how many single family. 6 You can't tell us how many will be condominiums, 7 how high. I really would like to have some of that 8 information before we really look at it seriously. 9 And a big concern of mine, because I back up 10 directly on it, is for all of the property owners 11 that are butting your proposed area, what sort of 12 buffer areas will we have between our places and 13 any cleared land? And if you don't have that 14 answer, will it be forthcoming? 15 MR. ARNOLD: Again, you're correct. We don't 16 have an allocation or breakdown of the units by 17 type in the project. 18 And your secondary question was about the type 19 of buffers. We have shown one buffer on our 20 proposed master plan that exceeds the code 21 requirement which was carried forward from the last 22 amendment. The other buffers would really be 23 determined whether or not we have a single family 24 to single family relationship with our neighbors on 25 the eastern parcel, for instance, or if it becomes 1 9A 53 1 multi-family, the county's buffer requirement grow. 2 MS. LYNCH: My name is Joan Lynch (phonetic) , 3 and I live in Glen Eden, which is just above the 4 yellow, that group of homes there. Yes. No, more 5 to the right, more to the right. Yes. Yes. 6 Now, we've been impacted immensely by all of 7 this. First of all, I want to know, what have you 8 planned for the noise? I begin to think about all 9 of these high-rises along the west and now all of 10 these homes right beside our development, and the 11 building noise will be absolutely and utterly 12 unbearable. Don't you understand that? 13 (Applause. ) 14 MR. ARNOLD: No. I think you raise a very 15 valid issue with regard to noise and construction 16 activity. I mean, we're all part of the urban area 17 of Collier County. We've all experienced 18 development around us. I've been here over 20 19 years, and it's the nature of what happens. You 20 know, construction occurs and you've lived through 21 Aqua (phonetic) and you've lived through the other 22 projects. I mean, that is just the nature of 23 developing property. It's construction. 24 And I'm sorry that it does create noise, but 25 that is just a part of, you know, where we live. 9A 54 1 MS. LYNCH: Do you have any understanding of 2 what you're proposing? I mean, you're talking as 3 if it's nothing, it's just dwelling, 870 dwellings, 4 2,000 more people. And that's -- the impact of 5 that on our little development is going to be 6 enormous, not only on the noise of construction, 7 the construction vehicles. I tried to imagine 8 that. I tried to imagine all these construction 9 vehicles going down Vanderbilt Drive day after day 10 after day and we're going to have to somehow eat 11 that, somehow swallow that. 12 And I don't understand -- I don't understand 13 why the county is even beginning to think -- to 14 allow you to build that many units, the 590 you 15 talked about to begin with. It's going to be 16 incredible. And now you want to go to 870? It's 17 just unimaginable to me. 18 MR. ARNOLD: Thank you. 19 (Applause. ) 20 MR. WINSLOW: Hello. My name is Rob Winslow. 21 I live in Tower Point of Arbor Trace, which I have 22 found is right along the edge of your proposed 23 development. 24 Can you -- I have two or three things to say. 25 Can you tell me what the large orange area is there i 9A 55 1 to the east of the five high-rise buildings that 2 are proposed? 3 MR. ARNOLD: That area is one of the 4 designated residential tracts, and it would support 5 multi-family dwelling, clubhouses, recreational 6 amenities, things of that nature. 7 MR. WINSLOW: Secondly, the agreement that 8 goes back several years, which is a legal agreement 9 saying that the golf course area shall be forever 10 green and a preserve if it's not built as a golf 11 course. Is the whole agreement that includes that 12 being opened up in terms of your making a -- an 13 application to the county commissioners, does the 14 whole agreement -- is the whole thing on the table 15 again if the county commissioners wish it to be or 16 only -- or can you dictate the parts that are going 17 to be discussed and possibly changed or can the 18 county commissioners say, well, we want to talk 19 about such and such beyond the parts that you're 20 considering changing? 21 (Applause. ) 22 MR. GRANT: The answer to your question is 23 that the settlement agreement is being proposed to 24 be amended. That will require the county 25 commission to vote to do that. The county 1 9A 56 1 commission can say yes. It can say no. It can say 2 yes with conditions. 3 So I think the answer is although we have 4 asked to have only certain parts changed, I don't 5 believe the county commission is bound to only deal 6 with that at all. The county commission can say 7 yes, it can say no. It can say yes with 8 conditions. 9 And I hope that answers your question. 10 MR. WINSLOW: What I understand that to mean 11 is that all of us here have the possibility of 12 memorializing our county commissioners to make this 13 project much more changed than they want it changed 14 in our favor. It seems to me that that's a 15 possibility. 16 I want also to say, since you have, as the 17 developers' representatives, since you are opening 18 this up publicly and you are saying you want it 19 changed, obviously, in the developer's -- to the 20 developer's benefit, is it legally possible for 21 county commissioners now, today, tomorrow, not 22 waiting for hearings or votes or anything, is it 23 possible for them to say we want to stand by the 24 original agreement and we don't want to consider 25 anything else? Is it possible for them to do that 9A t 57 1 legally? 2 (Applause. ) 3 MR. GRANT: I would honestly tell you that the 4 county attorney would have to answer that question. 5 I think he would probably say they must allow this 6 process to continue, but I don't want to put words 7 in his mouth. I don't know the answer to that. 8 And I'm not trying to evade the question, but I 9 don't know the answer. I think the answer is what 10 I said, though. 11 MR. WINSLOW: In other words, what we've just 12 been told by this attorney is that the developer 13 can propose any changes it wants to the development 14 program that was approved by the county, but the 15 county can't propose any changes such as zero 16 changes until the -- because the developer has all 17 the cards, it sounds like to me. 18 (Applause. ) 19 MR. WINSLOW: I want to make one more comment, 20 which I think will be unpopular, both in the 21 audience, although you ought to see it as not so, 22 and among the people on the stage. There are at 23 least -- there's at least one attorney here who is 24 participating, it seems to me, in breaking the law, 25 because the fire code probably doesn't allow this , 9A 58 1 many people in here. 2 MS. COHEN: My name is Edith Cohen (phonetic) . 3 I live at Tarpon Cove and I've lived there for 15 4 years. 5 We live in a flood zone and I'm worried about 6 a disaster. How -- how can we get out of there if 7 there's a flood, a hurricane, or whatever? I don't 8 mean to be a bearer of bad news, but I come from a 9 place in Long Island where they shut down -- they 10 were going to build a nuclear plant and I was on 11 that committee. They never built it. And I think 12 that this should never be the way it is. 13 It is hard to get out of there as it is. And 14 if there's a disaster, we're in trouble. 15 (Applause. ) 16 MR. FEE: For the record, I'm Doug Fee. I 17 live in the neighborhood in Gulf Harbor, and I 18 appreciate everybody coming this evening. It's a 19 great crowd. 20 Can I see a show of hands of anyone in the 21 audience who is a board member to a neighborhood in 22 our area? 23 MULTIPLE VOICES: (Indiscernible) . 24 MR. FEE: A board member, I'm sorry, somebody 25 who serves on their board. There's probably about 1 9 A 59 1 a hundred people. 2 The reason why that's important is this 3 community is a great community. And we're looking 4 forward, as a community, to this project in the 5 middle of our neighborhood. We want it built. We 6 want their residents. We want their activities, 7 everything. 8 It's a great project. But the deal that was 9 done four or five years ago in a settlement 10 involved many of these people who sat in this 11 audience. I was involved. The planning 12 commission, it held many meetings. 13 I think what you're hearing the neighborhood 14 say is we did the deal. We gave you five towers 15 that go up 15 floors. I believe one goes up to 17 16 stories. So we gave you the sky. We embrace it. 17 We like our high-rise communities in this 18 neighborhood. 19 But that -- the conventional zoning would have 20 put units on the ground. It would not necessarily 21 have gone up in the air. 22 So the tradeoff was we'll give you the sky if 23 you preserve this as a golf course and make it go 24 as a golf course. Nobody twisted the developer's 25 arm in that settlement to put a golf course, keep 9A 60 1 it a golf course or make it green space. They sued 2 the county. They actually sued us, the residents, 3 for $285,000,000, I believe, was the -- and they 4 had the right to do that, but there was a 5 settlement, okay? 6 And I think what this community right here is 7 saying, when is enough? When can we see the 8 project that we can embrace and help in any way we 9 can, but when you go and you change things and you 10 change things, that's what makes our neighborhood 11 nervous. 12 Now, you've heard all the zoning issues, 13 traffic, environment, and all that. My question is 14 to the attorney in reference to the settlement. 15 It seems to me that before we go to the zoning 16 matter, that needs to be something done down at the 17 Board of County Commission to say they will, in 18 fact, entertain the opening of the settlement. I'm 19 not sure how we got in the zoning issues. We need 20 to find out whether or not there is support for 21 doing that. Upon doing that, then I think it can 22 come forward in the zoning matters. 23 The other thing that I'd like to suggest is 24 when we -- if the county commission says that it 25 wants to open up this settlement, this landowner in ' 9A 61 1 the middle of our neighborhood, we need to get a 2 committee of people that live in this area, who can 3 sit down in open meetings and iron out what's best. 4 If it's going to be opened, figure out a way to do 5 this that's best for the neighborhood and that's 6 basically my comment. 7 I know this can be a great project, but I 8 think that when the landowner keeps coming back, 9 we're all asking when is enough is enough. And I 10 think they've gotten to that point. I think 11 everybody here or most of the people in this 12 audience would like to see it remain to the 13 settlement. And basically that's it. Thank you 14 very much. 15 (Applause. ) 16 MS. KAREN: Yes. Donna Reed Karen (phonetic) , 17 and I live in Wiggins Bay. 18 I am here to agree somewhat with Doug and 19 Nicole Johnson. I think the cart is before the 20 horse here. The county commissioners need to tell 21 you all whether or not they will even open up this 22 settlement agreement. If they say no to that, then 23 you've just spent a lot of your client's money for 24 nothing. 25 The first step is to get a decision by the 9A 62 1 - county commissioners that says they either do want 2 to open this up or they don't want to open this up. 3 And we really shouldn't be going any further beyond 4 that. 5 And I'll just make one more comment and that's 6 about this whole proposed rezone. If you're going 7 to have a neighborhood information meeting, Wayne, 8 you need to provide complete information. You just 9 said there's a list of deviations and you haven't 10 told anybody about any of the deviations that 11 you're planning. You haven't given so many 12 specifics here that should be a part of this 13 meeting if it's going -- if we're going to talk 14 about the PUD rezone, need to be and they're not 15 here tonight. Thanks. 16 (Applause. ) 17 MS. SILARO: Thank you. My name is Linda 18 Silaro (phonetic) . I do not Jive in Tarpon Cove or 19 Wiggins Lakes, Lake (indiscernible) or any of those 20 nearby surrounding communities to the proposed 21 project. 22 I did -- however, I have been living in Naples 23 and Bonita for the last several years. I have a 24 few homes here. I love the area just the way it 25 is. 9A ON la 63 1 Over the last year or so, I've seen the 2 population exploding all over. So I believe 3 traffic is going to be a problem no matter what 4 happens, whether it's this community or whatnot. 5 The only way to go to the beaches, yacht clubs, 6 docks, et cetera, et cetera, is all through this 7 particular area. 8 My husband is cyclist. He rides on Vanderbilt 9 Drive every single day. So I'm fully aware of the 10 hazards that go on. I walked in today not in 11 support or opposition. I came here to learn and I 12 wanted to hear what you guys had to say. 13 I'm well aware, I hear the surrounding 14 community. I hear you loud and clear. Your 15 opposition is certainly there. 16 What I'm thinking is if you are -- what I did 17 hear mentioned was that you were permitted. You're 18 under the number of homes that are permitted by 19 zoning. Why can't they increase the number of 20 homes in the allotted space, but keep the green 21 space, keep a little more green space open? You 22 know, that's kind of what I'm hearing. I'm trying 23 to like really look at it from both sides of the 24 coin. 25 I understand Collier County is probably very 9A 64 1 happy to have the extra homes here because it means 2 more revenue. It means more taxes for them. And 3 that's how it works, whether we like it or not. 4 What I do see a little excessive is five 5 high-rises, where that's really where you probably 6 would get the additional traffic and people parking 7 and things like that. So -- and views obstructed. 8 But it's just, you know, a concern. I'm trying to 9 look at it from both sides of the spectrum. 10 MR. GRANT: Thank you. And I do want to say 11 something. How many people have not yet been able 12 to sign up on the sign-up sheet? 13 UNIDENTIFIED FEMALE VOICE: I've got the 14 sign-up sheets right here. (Indiscernible) . 15 MR. GRANT: I think we've got a bunch going 16 around here. Charles, do you want to pass some 17 more out so we can try to give everybody a chance 18 to sign up? 19 MR. AVERY: Yes. My name is Gordon Avery 20 (phonetic) . I live in Tarpon Cove on Mainsail 21 Place. 22 For the last four and a half years 23 (indiscernible) for the last four and a half years 24 a panther -- 25 MULTIPLE VOICES: (Indiscernible) . 9A 65 1 UNIDENTFIED MALE VOICE: Put the mike up to 2 your chin. 3 UNIDENTFIED MALE VOICE: Put it a little 4 closer. 5 MR. AVERY: A panther has come from that 6 preserve area. It's in my backyard and it's my 7 understanding that there are only a hundred 8 panthers in all of south Florida. So if you build 9 that, what are you going to do with the panther? 10 And there may be more than one of them. 11 MR. WOOD: Hello. My name is Joe Wood. I 12 live in Tarpon Cove. I've been here for ten years. 13 The last time there was a negotiation, I was 14 involved with a commissioner at the time Frank 15 Halas, and we talked to the developer and I really 16 was on the side of the developer. I liked the 17 development that got resolved, that we were going 18 to have a golf course or green space forever. and 19 we gave the developer a lot of things, high-rises 20 and a lot of different things in order to maintain 21 that green space right in the middle of all of our 22 neighborhoods. 23 Now I'm very disappointed. I am no longer on 24 the side of the developer, needless to say. I'm on 25 the side of the residents and the people that live 1 9A 66 1 around me. 2 I'd like to point out one thing, but I need 3 the map up there, and I'm not getting any technical 4 -- that's not enough, ma'am. 5 (Laughter. ) 6 MR. WOOD: I want to bring up an issue that 7 nobody talked about today. I didn't want to waste 8 time and be redundant about things others have 9 talked about. I know all about the traffic issues 10 and all the other things and I agree with all that, 11 but I want to just bring up something else, but it 12 would be interesting to all of you if we could see 13 the screen up there, but I think it's another 14 malfunction that's happened here today, so what I 15 can I tell you? 16 UNIDENTIFIED FEMALE VOICE: Spit it out. 17 UNIDENTFIED MALE VOICE: What's your question. 18 MR. WOOD: Well, you got to hold it up high. 19 I'm a tall guy. 20 Here's Tarpon Cove here. This is a canal. 21 This canal goes here, goes across here, keeps on 22 going and comes down from Lee County. It brings a 23 tremendous amount of water down this canal. 24 Twice since I've lived here, this canal has 25 overflowed into this golf course area. 9A 67 1 Now, you -- everybody in this room is smart 2 enough to know they're not going to build homes in 3 the swamp. I have the elevation design at home. 4 All this land is around six and a half to eight and 5 a half feet above sea level. This area along here 6 in the back of Tarpon Cove where I live, it's 10.5 7 feet above sea level. 8 If they bring this land up to the same level 9 here, and when this water comes down this canal, 10 and there's no place to go, we in Tarpon Cove are 11 going to be vulnerable to flooding, and that's 12 something, again, that has not been mentioned, but 13 we have -- we will pursue it with the county for 14 sure. 15 (Applause. ) 16 MR. ARNOLD: I saw several e-mails prior to 17 the meeting that questioned the drainage issue that 18 you just brought up. That is a FDOT canal that 19 runs through your property. Jay Westendorf is 20 here. He was the design engineer that's permitted, 21 I believe, already permitted the golf course, if 22 I'm not mistaken, but well aware of the drainage. 23 I think, with his answer, you'll be assured that 24 you don't have additional impacts from what we're 25 doing. 9A 68 1 So let's let Jay describe what the drainage 2 pattern is going to be. 3 MR. WESTENDORF: Thanks, Wayne. 4 For the record, my name is Jay Westendorf. 5 I'm with Omega Consulting. I've been working on 6 the design engineering, the drainage and other 7 infrastructure on this property for approximately 8 ten years. So I'm fairly familiar with the area 9 that you're talking about and the drainage concerns 10 that you have. 11 With the previous designed golf course, the 12 drainage of this parcel that's east of Vanderbilt 13 Drive will actually drain to a separate outfall. 14 Is there a map up on the wall? 15 I know that you won't be able to see, so I'll 16 try to explain verbally and just raise your hand if 17 I need to speak up a little bit more for you, okay? 18 The area in the question that we're talking 19 about is the area of the PUD that's east of 20 Vanderbilt Drive. The drainage design that was in 21 place before will take the drainage stormwater from 22 this property and drain it southwest, not toward 23 Tarpon Cove, southwest. It will have a new 24 drainage pipe that goes under Wiggins Pass Road and 25 along the Vanderbilt Road right-of-way to the 9A 69 1 Cocohatchee River. It's a separate outfall. It 2 will not drain toward Tarpon Cove. It will not 3 drain into the DOT canal that Wayne referenced. 4 So, in the existing condition of what you have 5 right now, there's just all open space. Some of 6 this land does drain toward the wetland areas and 7 that canal in Tarpon Cove. When we develop the 8 land in whatever capacity, whether it's a golf 9 course or any other thing, we would be under the 10 same design constraints that Tarpon Cove was under 11 and all the other modern developments will have a 12 berm along that eastern property line. And our 13 drainage will not go toward the east. 14 MR. WOOD: Can I respond to you, please? 15 MR. WESTENDORF: Yes, you certainly can. 16 MR. WOOD: I am not concerned about water 17 coming off the golf course parcel toward Tarpon 18 Cove. I understand that. That water is designed 19 to go toward Vanderbilt Drive. That is not in 20 question for me. 21 What's in question for me is a tremendous 22 amount of water comes down from Lee County, comes 23 along Old 41, goes under 41. It makes the right 24 angle there. That's not the water that's running 25 off of Tarpon Cove. It's not water that's running 9A 70 1 off the golf course. 2 If you build your site up as high as the 3 Tarpon Cove site or, heaven forbid, even higher, 4 there's such a tremendous amount of water that 5 comes down. When it does, it hits Wiggins Pass 6 Drive. There's two 30-inch culverts that go under 7 Wiggins Pass Drive. Once you get south of there, 8 there's even no place for the water to go. 9 It is going to be a nightmare and, sir, I'd 10 like to have your card. I'd like to meet you 11 there. I'd like to meet you there with any of your 12 engineers as your support. I would like to have 13 you view the site with me and you'll see exactly 14 what I mean. 15 Two times -- two times in ten years that canal 16 as overflowed onto the golf course since I've been 17 here through both hurricanes. And it's not a 18 matter of storm surge. It's a matter of water 19 coming down the canal, trying to get out and it's 20 got no place to go. Thank you. 21 MR. WESTENDORF: Thank you for your comments. 22 And to reiterate his comments and concerns, 23 he's absolutely correct. That -- that is an FDOT 24 canal or ditch and it actually takes water from Lee 25 County from Spanish Wells all the way down south, 9A 71 1 the Old 41, the Old Cypress Head development, 2 Sterling Oaks. It takes the water from that area 3 in between the 41s and it comes down. It bisects 4 Tarpon Cove and then it turns south as you 5 indicated. It runs under the culverts under -- 6 under Wiggins Pass and then it goes into the Gulf 7 Harbor development, where Doug Fee is and it goes 8 down through there and ultimately out into the 9 Cocohatchee River. That's absolutely correct and 10 it has absolutely nothing to do with the drainage 11 on our parcel. 12 MR. WOOD: That's right. It becomes a problem 13 on our parcel if you raise the levy on your side .so 14 it's as high as our side so the water must stay in 15 the canal itself. And there's not enough canal 16 capacity to take the water away. 17 MR. WESTENDORF: If anything, our development, 18 by the design and development of this property, 19 will actually reduce some of the runoff that is 20 going into that canal right now. We will be 21 building a separate outfall under Wiggins that will 22 not interact with the one that goes through your 23 neighborhood. 24 UNIDENTIFIED FEMALE VOICE: That's not what 25 he's saying. 9A 72 1 MR. WOOD: Sir, I'm going to say one thing, 2 and then I'm going to leave. I disagree with you 3 as much as the way you're looking at it as I 4 disagree with the people that say two lanes of 5 Wiggins Pass is going to be able to handle all that 6 traffic. Both are pie in the sky, totally 7 unbelievable. 8 (Applause. ) 9 MR. WESTENDORF: Thanks for your comments. 10 MR. BROOK: Loren Brook (phonetic) . I'm at 11 13105 Vanderbilt Drive. 12 Two questions. Unfortunately, we have 13 technical difficulties, so we can't see this 600 14 (indiscernible) acre presentation as we should. If 15 you would be good enough to raise that. Not that 16 high. 17 I've not seen or heard any discussion of what 18 this strip does, what it's intended to be. 19 MR. ARNOLD: The narrow one right there. 20 The narrow area that extends out to U.S. 41, 21 it's on our master plan, I described it, it's 22 called the AR area. It's an amenity and 23 residential area. We've made provisions for there 24 to be project amenities there, tennis club, some 25 maintenance and storage facilities potentially, as 9 A 73 1 well as residential. It's unplanned. 2 Formerly, that was designated to be a 3 potential county road, and the county has abandoned 4 that concept from its long-range transportation 5 plan. 6 MR. BROOK: If they've abandoned it, why don't 7 you accept it? You've heard several comments about 8 concerns we have for traffic. Others have 9 commented on the number of cars, bikes and so on. 10 Here's an access to 41. It seems to me that 11 that land was originally considered as an access to 12 41 and you could afford to do that again. 13 MR. ARNOLD: We are using that as a project 14 access to U.S. 41 and Norm Trebilcock would tell 15 you that's why part of our traffic disbursal onto 16 three different road networks really is why there's 17 not as much impact as you might think there would 18 be to Vanderbilt or Wiggins Pass. 19 MR. BROOK: Second question. This property 20 here called preserve, preserve property -- the 21 preserve property is the majority land in the 22 development. And under preserve, which is 23 wetlands, there are 24 exceptions to -- for usage 24 and no definition at this point of where the 24 25 usages in your proposal are to go. 9A 8„: 74 1 When will that be available? 2 MR. ARNOLD: I'm assuming that you're 3 referring to some of the accessories as to the 4 preserve designation which includes -- 5 MR. BROOK: 24. 6 MR. ARNOLD: -- the boardwalks and other 7 amenities. Those are typically permitted by the 8 county regardless for those. They're considered 9 passive recreational uses. There are limited areas 10 that can be cleared for those. 11 MR. BROOK: That's fine. What I'm asking is 12 when will we see where they're proposed? 13 MR. ARNOLD: You won't see where those are 14 going to be proposed until the developer knows 15 exactly what he intends to build largely on the 16 west side of Vanderbilt Drive. 17 MR. BROOK: They aren't part of your proposal? 18 MR. ARNOLD: We have -- yes, we have the 19 residential component that is, but what I'm saying 20 is we won't know exactly what amenity they build 21 until they decide what they build in terms of the 22 residential buildings. 23 MR. BROOK: When? Will there be a time? 24 MR. ARNOLD: There will be a time when the 25 developer decides to come out of the ground with 9 75 1 regards to the development. I can't tell you today 2 exactly what that is. 3 UNIDENTIFIED FEMALE VOICE: Just hopefully one 4 quick question. It was about the water. Is it too 5 low? 6 On Joe's question about flooding, right now we 7 view the thicker part of the preserve, which is you 8 have Martinique there in Tarpon Cove. Then you 9 have Carrick Bend and Bimini. 10 In that preserve right along up on our corner, 11 which is pretty sizeable, it's about 250 feet from 12 the lot line, we come here in October, and it has 13 naturally flooded. Now, it's cypress trees. If 14 they die, we have no buffer. 15 So I'm wondering what plans have been made to 16 protect not only for the flooding that Joe is 17 citing, but for that north -- would it be the 18 northwest corner, and perhaps even the other 19 preserve that's between Martinique and Carrick 20 Bend, how are you going to prevent that water from 21 being blocked if you're putting up berms? Because 22 there's no canal up there. 23 Apparently, we have water that is shared from 24 the golf course area. So if you put up a berm or 25 some sort of block for view for your homes that 9A 76 1 you're putting in, will that block the natural flow 2 of water from the preserve areas on the golf course 3 area to us? And we're hoping that that's not going 4 to happen because it will kill the cypress, 5 hundreds and hundreds and hundreds of cypress trees 6 that are in there if they don't have a natural, you 7 know, the water flow is not preserved there. 8 MR. ARNOLD: Right. Okay. 9 UNIDENTIFIED FEMALE VOICE: And the other 10 thing -- what was that -- okay. I can't remember. 11 MR. ARNOLD: Well, let's answer that one and 12 maybe you'll think of the second question. 13 Tim -- Tim Hall, do you want to take a shot at 14 talking about that? Her concern is the area 15 adjacent to the westernmost preserve in the 16 northwest corner of Tarpon Cove on our eastern 17 boundary. 18 MR. HALL: Along the finger? 19 MR. ARNOLD: No. Just south of the finger. 20 UNIDENTIFIED FEMALE VOICE: No. That triangle 21 in the corner floods every -- naturally from your 22 -- from your preserve over there, it comes in. We 23 have up to six inches of standing water in there in 24 October, September. And it -- 25 UNIDENTIFIED FEMALE VOICE: We can't hear you. 9 A v� 77 1 UNIDENTIFIED FEMALE VOICE: Well, I just was 2 telling them what I said before. It floods. You 3 know, it's not a flood, but it's the natural 4 surface water and it supports a beautiful stand of 5 cypress trees. 6 UNIDENTIFIED FEMALE VOICE: And he knows that, 7 yes? 8 UNIDENTIFIED FEMALE VOICE: Yes. Well, I 9 don't know. 10 MR. HALL: Yes, ma'am. I haven't been in the 11 preserve on Tarpon Cove, but I've been along the 12 border of the properties. 13 UNIDENTIFIED FEMALE VOICE: We're concerned 14 about the trees. 15 MR. HALL: No, I understand. And through the 16 water management district and the Corps. of 17 Engineers permitting, they look at on site and 18 off-site flows and try to make sure that the 19 developments harmonize. So if there's currently 20 flow going from one to the other, then that is 21 usually part of the permits as you go forward to 22 make sure that that flow is maintained and not do 23 any damage to adjacent preserves. 24 UNIDENTIFIED FEMALE VOICE: Okay. Just one 25 other question. It's about your deviations. 9A 78 1 You're proposing 280 homes and they will be 2 divided, perhaps, between the orange area and the 3 yellow area. 4 UNIDENTIFIED FEMALE VOICE: Hold on one 5 second. Can we please keep the noise level down? 6 UNIDENTIFIED FEMALE VOICE: So we have 280 7 development -- homes, regular like condos or single 8 family homes, and you said some of them, some of 9 the buildings could be up to 60 feet high. I 10 thought I heard you, I wasn't aware of that, on the 11 yellow side or the orange side, and you also said 12 that you were going to have these deviations, some 13 of the deviations would be senior housing. We have 14 heard a rumor about low income housing. 15 And I'm wondering what -- how many other units 16 besides the 280. Are those units potentially 17 included in the 280 or will they be additional 18 rooms, houses, cars? 19 MR. ARNOLD: The senior housing component that 20 we've requested as part of this PUD amendment is 21 not for low income housing, per se. Everything we 22 proposed is for market rate housing on site. The 23 senior housing uses are in addition to the 870 24 residential dwellings. 25 MULTIPLE VOICES: (Indiscernible) . 9A � . 79 1 MR. ARNOLD: The county -- under the county's 2 regulations, senior housing or group housing for 3 seniors, as they express it, is based on a floor 4 area ratio. There is not a density assignment to 5 that. So we've asked for a floor area ratio 6 deviation for them, consistent with others that 7 have been approved in the area. 8 Sir? 9 MR. PIAZZA: My name is Mike Piazza (phonetic) 10 from Falling Waters North Preserve. 11 My question to you is under your proposal, and 12 it's a proposal of construction from the golf 13 course to what you're proposing, what are you 14 planning to do during the construction stage 15 entering and exiting this property that you're 16 proposing, that strip of land that you have from 17 41, which is between Tarpon Cove and Falling Waters 18 North Preserve that you're saying is going to be 19 maintenance buildings and clubhouses and whatever, 20 that strip? 21 MR. ARNOLD: I think it's a little premature 22 for us to determine exactly how the construction 23 traffic is going to function. I know it's a very 24 valid question for you. We actually met with -- a 25 couple of weeks ago now with one of your -- two of 9 A �.. 80 1 your board members, I believe, and started some 2 initial dialogue and told them we wanted to have 3 more dialogue as our plans evolved and we had more 4 information to share with them. 5 But from a construction standpoint, obviously, 6 you know, we have options of using U.S. 41, we have 7 Vanderbilt Drive and we have Wiggins Pass. And I 8 honestly don't know how that's going to be broken 9 out. I think a lot of that's just going to depend 10 on phases of construction and what occurs first. 11 MR. PIAZZA: The second question is your 12 proposal, 94 plus acres on the north end right 13 there, what is the builder's plan, the owner's plan 14 for that in the future? Is it just grabbing the 15 land now for future, he can do what you want and we 16 go through this again in four years? 17 MR. ARNOLD: Well, the land is currently under 18 his ownership. We're bringing it into the planned 19 development, and we're asking for it to be 20 preservation area on our master plan. We're not 21 proposing residential development there. 22 MR. PIAZZA: So he just spent his money to buy 23 what we already have as a preserve, so he owns it 24 as a preserve versus the county? 25 MR. ARNOLD: Technically, I think it has 9 A 81 1 residential zoning on a portion of it right now, 2 and not to say that that's what he's going to do 3 with it, but I'm just telling you that currently it 4 has residential zoning in part on the property. 5 MR. PIAZZA: Right. Okay. If everyone knows 6 a politician in the county, you better give them a 7 call, because voting time is coming close. 8 (Applause. ) 9 MR. NOVAK: Hi. My name is Dave Novak 10 (phonetic) . I live in building three on Pelican 11 Isle Yacht Club facing due south, and I'm looking 12 at a wonderful preserve that I look out on out of 13 my condo on, and there's really been no discussion 14 about what you might be able to do there. 15 If you can make an adjustment and get zoning 16 changes up north, what -- what protection do we 17 have that you can't do it south of there? 18 MR. ARNOLD: And, Tim, you can certainly jump 19 in, but I believe most of that area are wetlands 20 that would be extremely difficult to try to 21 convince the Army Corps. of Engineers and the water 22 management district that at this time would be 23 suitable for development. 24 The development footprint that's been 25 established for the project is something that the 9A 82 1 biologists and the development team feels like it's 2 permittable and we can achieve the permits to do 3 that. But the areas that we've reflected as 4 preserve on the plan will be intended to be placed 5 in conservation easements. 6 MR. NOVAK: So if that's going to remain as a 7 preserve, do you -- are you allowed to take that 8 acreage and use it to modify the density of the 9 other parcels? Is that what you're using it for? 10 MR. ARNOLD: Well, all of the property that's 11 owned by the property owner that's above mean high 12 waterline is allowed to be used in the calculation 13 of density. If you look at the surrounding 14 projects that were older, there were communities 15 that even had submerged lands that were used as 16 part of their gross density calculation. 17 The county, several years ago, changed the 18 method in which they do that, so you can't use the 19 submerged land. So the density calculation we've 20 used is for everything that's above the mean high 21 waterline. 22 MR. NOVAK: So that -- 23 MR. ARNOLD: Preserves are allowed to be 24 counted towards your density. That's the simple 25 answer. 9A 83 1 MR. NOVAK: But didn't you just say that's all 2 wetland? 3 MR. ARNOLD: Part of it is wetland, yes, sir, 4 but it's not below the mean high waterline, which 5 is a different designation than a wetland. 6 MR. SHAW: My name is Jim Shaw (phonetic) . 7 I'm a resident of Tarpon Cove and reading through 8 the proposal, I recall seeing somewhere that -- 9 UNIDENTIFIED FEMALE VOICE: Louder. 10 MR. SHAW: I recall seeing somewhere that the 11 duration of this project could extend out to 15 12 years. Is this correct? 13 MR. ARNOLD: I'm not certain where that's 14 expressed, but a project of this magnitude, with 15 the high-rise towers, I wouldn't be surprised if 16 it's certainly a multi-year project. It's just the 17 nature of any of the projects that you see in 18 Pelican Bay (indiscernible) . 19 Any other questions? We're here as long as 20 anybody cares to keep asking questions. 21 Yes, sir. Just please come forward again and 22 be prepared to use the microphone if you could. 23 MR. ZUKK: Sorry. I don't want to keep 24 everybody. 25 MR. ARNOLD: No problem. 9A 84 1 MR. ZUKK: Just -- yeah, my name is Zukk and I 2 live in Bay Forest. 3 Just a question on that north parcel. Is that 4 considered wetlands? And if it is, we should find 5 fault with the county for selling it to somebody. 6 Is that wetlands? That north parcel, I was told it 7 was. 8 UNIDENTIFIED FEMALE VOICE: It is, yes. 9 MR. ZUKK: Okay. But so it is and the county 10 has sold it to a developer. 11 MR. ARNOLD: No. 12 UNIDENTIFIED FEMALE VOICE: No. The county 13 never owned it. 14 MR. ZUKK: So it will never be touched? 15 That's not what you said. 16 UNIDENTIFIED FEMALE VOICE: Someone else 17 (indiscernible) . 18 MR. GRANT: The county has never owned any of 19 this property. 20 MR. ZUKK: Well, what's -- well, why do they 21 have it shown as a 94-acre parcel under -- 22 MR. GRANT: The owner of the development 23 property, Cocohatchee Lake PUD, also owns that 24 land, okay? It is not part of the PUD. 25 MR. ZUKK: That's my point. 9A a 85 1 MR. GRANT: We're proposing (indiscernible) to 2 the PUD. That's not a change of ownership. 3 MR. ZUKK: But why would the county, there's 4 nobody here from the county, but why would the 5 county even allow that? If it is wetlands, why is 6 the county allowing a developer -- 7 MR. GRANT: The county isn't allowing 8 anything. We are simply in an application process. 9 MR. ZUKK: You're asking. 10 MR. GRANT: We're asking. 11 MR. ZUKK: Same as the south portion. 12 MR. GRANT: No. The south portion is already 13 part of the -- 14 MR. ZUKK: And is also wetland, though, is it 15 not? 16 MR. GRANT: It is some wetland. 17 MR. ZUKK: Well, there's my point. 18 MR. GRANT: There's a distinction between 19 something that is wetland and something that's 20 above the mean high waterline, okay? 21 MR. ZUKK: Okay. To be quite honest with 22 you -- 23 MR. GRANT: The density has been based upon 24 land above the mean high waterline. 25 MR. ZUKK: Uh-huh. To be quiet honest with 9A 86 1 you, I'm not -- I really don't find fault with you 2 guys. You guys are in the business of putting 3 places -- we should find fault with our government, 4 who we -- our representatives who put -- you know, 5 we pay to put in there who allow this kind of 6 thing. You guys are doing what you're supposed to 7 do. 8 MR. GRANT: We're going through a process. 9 MR. ZUKK: Thank you. 10 MR. ARNOLD: Yes, sir. Come on up. 11 UNIDENTFIED MALE VOICE: Hi. I want to point 12 to the extension on the panhandle there. 13 UNIDENTIFIED FEMALE VOICE: Go ahead. 14 UNIDENTFIED MALE VOICE: My question would be 15 on the panhandle of the existing property, directly 16 across the street off U.S. 41, there is an area 17 that -- by Grady Minor identified as proposed 18 Veterans Memorial Boulevard. 19 My question is, does the county plan to do 20 anything in the near future or do you have any 21 information on the development of that thing? 22 MR. ARNOLD: I'm going to see if Norm 23 Trebilcock, our traffic engineer, can address that. 24 Norm, the question is regarding plans for 25 Veterans Memorial Parkway that would sort of be 9A 87 1 extended east of U.S. 41 from us. 2 MR. TREBILCOCK: Veterans Memorial Parkway? 3 MR. ARNOLD: Yes. Who's got the pointer? 4 MR. TREBILCOCK: Okay. Yes, there are -- 5 there are plans to extend Veterans Memorial 6 Parkway. Currently, there's a section of Veterans 7 Memorial Parkway that's east of Livingston Road, 8 and then there's a little piece that's a little 9 west of Livingston. And the plan ultimately would 10 be to tie in right here at 41 as a four-lane 11 roadway. The county is planning to do that. 12 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 13 MR. TREBILCOCK: Exactly. They're not 14 planning to extend it all the way out to Vanderbilt 15 Drive anymore as they had previously. 16 UNIDENTFIED MALE VOICE: But that option is 17 still there if they decide to change their mind? 18 MR. TREBILCOCK: Yeah. They would have -- 19 they would need to reserve the right-of-way for 20 that, yes. 21 UNIDENTFIED MALE VOICE: Thank you, Norm. 22 MR. ARNOLD: Yes, sir. 23 MR. GUNNER: My name is Howard Gunner 24 (phonetic) and I live in Wiggins Pass. And I've 25 hesitated to say anything -- Wiggins Bay, actually, 9A 88 1 but having worked in a profession that deals with 2 these situations for over 40 years, I submit that 3 there's a possibly hidden agenda here. 4 And there is a typical developer's ploy to ask 5 for a lot and take what they get. So I submit that 6 that possibly is what is going to happen if they 7 open this amendment. 8 They may not get all they've asked for, but if 9 they get more than what they've already got, that's 10 going to be a win for them. So I just throw that 11 out for conversation. 12 UNIDENTIFIED FEMALE VOICE: Thank you very 13 much. 14 (Applause. ) 15 MR. ARNOLD: Hold that closely to your 16 (indiscernible) . 17 UNIDENTFIED MALE VOICE: Sir, what do you 18 need? You got the clicker? 19 UNIDENTFIED MALE VOICE: I need to point it, 20 yeah. 21 UNIDENTFIED MALE VOICE: Okay. Yeah. Use the 22 little red thing. See the little red there? 23 UNIDENTFIED MALE VOICE: Okay. 24 UNIDENTFIED MALE VOICE: Right there. I need 25 to be taught. 9A 89 1 UNIDENTFIED MALE VOICE: Okay. 2 UNIDENTFIED MALE VOICE: Could you please 3 answer the -- 4 MR. ARNOLD: You have to hold the microphone 5 up to your mouth, please. 6 UNIDENTFIED MALE VOICE: Could you please 7 answer the question, the plans submitted 8 (indiscernible) okay and black, why did it cover 9 all that area? Can you explain what you're going 10 to do with this portion from the boundary shown 11 there -- 12 MR. ARNOLD: Yes. 13 UNIDENTFIED MALE VOICE: -- all along there. 14 UNIDENTFIED MALE VOICE: It's the green area. 15 MR. ARNOLD: Okay. We included in the letter, 16 in the notice, the highlighted area was everything 17 that's under the ownership that's being proposed 18 for this project. The areas that have been 19 identified in green on those plans where it's 20 labeled as preserve on our master plan are intended 21 to remain as preserve areas. Some of those lands 22 are submerged, some are uplands, some are wetlands, 23 but many of those areas that are west of the 24 development line are preserve areas. 25 UNIDENTFIED MALE VOICE: Because a lot of 9 90 1 people were concerned about this and they 2 (indiscernible) development going on all across the 3 blackout, which (indiscernible) . 4 MR. ARNOLD: Right. Well, that's one of the 5 reasons we like to hold these neighborhood 6 information meetings so we can share what 7 information we do have and a lot of times people 8 come with misinformation, some people come wanting 9 information and in some cases we don't have all the 10 information related to the project. 11 UNIDENTFIED MALE VOICE: I come from the 12 United Kingdom, have been coming here for 23 years, 13 and before I bought the property from 14 (indiscernible) we were assured that the -- on the 15 mangrove, no development will ever occur. Is that 16 correct? 17 MR. ARNOLD: Tim, I don't know enough about 18 the mangroves in the area to address that fairly, 19 so I'll let you take a shot at that. 20 UNIDENTFIED MALE VOICE: We were assured of 21 that. 22 MR. HALL: Mangroves in the State of Florida 23 are protected under additional regulations over and 24 above the wetland protection, normal wetlands. And 25 they do require additional permitting and 9A 91 1 additional mitigation. They're not prohibited from 2 being impacted, but it's much more difficult from a 3 regulatory standpoint, it's much more difficult to 4 get permits to do that and it's much more expensive 5 to do that. 6 So the mangroves, you know, in this case right 7 now are set aside as part of the preserve for the 8 development. 9 UNIDENTFIED MALE VOICE: Though that still 10 goes as a preserve area? 11 MR. HALL: Yes, sir. And there may be, you 12 know, boardwalks along the edge. Some of the 13 deviations that Wayne had talked about, there could 14 be boardwalks or walkways or a path out to a -- to 15 a little fishing pier or platform out there, but 16 for the most part, the mangroves, as a whole, are 17 being protected. 18 UNIDENTFIED MALE VOICE: Okay. Thank you for 19 clarifying that position. 20 MR. ARNOLD: Thank you. Folks, anybody else? 21 Looks like we've lost a lot of the crowd. I'm 22 happy to entertain any more questions you have. 23 If you'd like, most of you probably received a 24 letter from us if you're here. Sharon was the 25 point of contact on that. Please continue to 9 A 92 1 e-mail her if you'd like electronic updates. As we 2 have them for the county, we'd be happy to get 3 those to you. 4 Anybody who wants to contact me directly, my 5 office number is 947-1144. Be happy to share 6 information with you as it evolves through the 7 process. 8 Anybody else? 9 Thank you. I guess thanks, everybody, for 10 coming out, and we'll close the public meeting. 11 (End of recording. ) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 A ", 93 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 92 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: March 25, 2014 Joyce B. Howell 19 20 21 22 23 24 25 Item #9A SIRE Public Access Electronic Agenda Attachment: Neighborhood Information Transcript http://www.colliergov.net/ftp/AgendaMarch241 5/GrowthMgmt/NIM_2-26- 15_Transcript.pdf 9 A 1 2 3 4 5 TRANSCRIPT OF THE 6 NEIGHBORHOOD INFORMATION MEETING 7 FOR COCOHATCHEE BAY RPUD 8 • February 26, 2015 9 10 11 12 13 Appearances: 14 RICHARD GRANT, ESQ. 15 WAYNE ARNOLD 16 NORM TREBILCOCK 17 RICHARD CORACE 18 19 20 21 22 23 24 25 1 9A 2 1 MR. GRANT: Folks, I'm going to wait about 2 another minute or two and then we're going to 3 start. It seems like there's a few people out 4 there. So we'll let them get in and then we'll 5 start the meeting. 6 Can everybody hear me all right? 7 Okay. Could I have everybody's attention and 8 go ahead and start the meeting. 9 By way of introduction, my name is Dick Grant. 10 I'm an attorney with the Grant, Fridkin, Pearson 11 law firm. We're counsel to the developer entity, 12 Lodge Abbott Associates, and its affiliate, Lodge 13 Abbott Investments. 14 The people that will be addressing you 15 tonight, in addition to myself, and I'm not going 16 to talk very long, will be Wayne Arnold of the 17 GradyMinor planning and engineering firm who's 18 going to explain what I think you're mostly here to 19 hear tonight. 20 And also part of our group with us, but will 21 answer questions as needed is Mr. Dick Corace, 22 who's a representative of the development entity. 23 And we have other members of our team here to 24 the extent that questions come up that the rest of 25 us can't answer. 9A 3 1 So we thank you for coming. And for those 2 that were at the neighborhood information meeting 3 that we held on this rezone almost a year ago, I 4 think things will flow a little bit better tonight. 5 •We realize we had some issues the last time. So 6 thank you for coming. 7 One thing, I want to make a couple of 8 administrative points to you if you've not been 9 informed when you came in. We've made arrangements 10 so that if you've parked in the garage, when you 11 leave, you won't have to pay anything. They will 12 open the gate and you can exit. 13 And secondly, if you do want to ask a question 14 or say something when we get to the part of the 15 presentation for that, we have two floor 16 microphones. One is over here. One is in front of 17 me. We'll probably move one over there because it 18 seems like there's more people on that side of the 19 room. 20 And what we'll ask you to do is to just line 21 up behind the microphones to the extent there are a 22 lot of people that have things that they want to 23 say or questions they want to ask and we'll deal 24 with them from here. 25 And the other thing I want to remind you is r 9A 4 1 that everything is being recorded so that we can 2 create a transcript of the meeting because we're 3 required to provide that. And we're not 4 videotaping it, but there are some members of the 5 audience that have indicated they would like to do 6 that. They may have cameras set up here. So just 7 so that you know, you're being recorded and you may 8 be videoed. 9 The reason for this meeting is it is a 10 neighborhood information meeting, which is required 11 to be held one time under any rezoning. We're 12 holding the second one for two reasons. One, 13 because there have been some changes to the 14 application since it was originally filed that had 15 been made since the last meeting, and so we're here 16 to inform everybody of that so that you know 17 exactly what is being proposed and what exactly 18 will be considered by the County Commission, and 19 that currently is planned to take place on the 24th 20 of March. So it's informative. 21 And the other reason is because under the land 22 development code, if we go to the Commission more 23 than a year after the last one, we have to have the 24 second one. And the way the schedules worked, we 25 would need to have done that. So there are two 9A 5 1 reasons for doing it. 2 But primarily what we're here tonight to do is 3 to explain to you what exactly is being proposed to 4 the Board of County Commission by way of the 5 applications as it has been amended since it was 6 originally filed. And, essentially, that's what 7 we're here to do, is to answer questions, inform 8 you. We'll stay here as long as is reasonable. 9 We'll answer all the questions that we get that we 10 can answer and if we can't answer them here, we'll 11 get back to you. 12 Brief background, and then I'm going to turn 13 the program over to Wayne Arnold who is going to 14 walk through both verbally, by way of explanation, 15 and with graphics, how this has evolved and how it 16 has been changed. 17 But by way of brief history, the Cocohatchee 18 PUD was first approved in 2000, 15 years ago. it 19 was amended in 2008 by virtue of a new amendment 20 that resulted and grew out of a settlement 21 agreement between the developer and the county. 22 And the current zoning is based upon that 2008 23 settlement agreement, as I'm sure most of you know. 24 In late 2013, an application was filed to 25 amend the zoning. The most significant change ! 9 A 6 1 sought was the elimination of the proposed golf 2 course on the east parcel and the provision that 3 would allow housing, single family and/or some low 4 level multi-family on the east parcel. 5 We had the neighborhood information meeting in 6 March of 2014. That was explained. There were a 7 lot of people in attendance, more than tonight, a 8 lot of questions. I think people felt they 9 probably didn't get all the answers they wanted. 10 And following that, a number of meetings were 11 held by the developer with representatives of 12 different associations and communities in the area 13 and a number of very significant changes were made 14 and agreed upon. And over the course of the next 15 several months, culminating sometime in August and 16 September of last year, an amendment to that 17 application was filed to revise what was being 18 proposed and substantially reduce the housing that 19 would go on the east parcel. 20 That went through the process with the staff. 21 The staff recommended approval of it. The Planning 22 Commission heard it in March -- I'm sorry, in 23 December of last year, and the Planning Commission 24 recommended approval. 25 So it is set to go to the Board of County 9A 7 1 Commissioners, which is the ultimate decision 2 maker, in March, March 24th, as I said. And we're 3 here to explain what that's about. 4 And as I say, we'll be glad to answer your 5 questions when we're completed and at this point 6 I'm going to turn the program over to Wayne Arnold, 7 who will walk you through exactly what is being 8 proposed and how it changed from what was first 9 proposed that was presented back in March of last 10 year. 11 Wayne. 12 MR. ARNOLD: Good evening, everybody. I'm 13 Wayne Arnold with GradyMinor, a professional 14 planner helping the applicant through the process. 15 And as Dick Grant mentioned, we had a number 16 of changes that were made to the application based 17 on what we heard from, one, the neighborhood 18 meeting that was held last March; and, two, the 19 follow-up meetings we did hold with several of the 20 groups. 21 So the application did change and the thought 22 was to communicate that before we go back to the 23 Board of County Commissioners to let the 24 neighborhood and other interested parties know 25 exactly what was being proposed. ► 9A 8 1 The project history, as Dick mentioned, it's 2 been around since 2000. I think we're all aware 3 of, you know, what has transpired, and -- is that 4 better? Okay. Good. Thank you. 5 The project, as you know, this is the 6 existing, and outlined in yellow will be the 7 existing boundaries of the PUD. We're adding 8 acreage, about 94 acres. That ends up being a 9 proposed preserve area that's west of the Arbor 10 Trace community on the northwestern boundary of our 11 property. 12 Currently, we're approved for 590 residential 13 dwelling units and also the golf course, there's 14 also some other options for the golf course parcel, 15 but golf course on the east parcel, let's say, and 16 then the 590 units on the west side of Vanderbilt 17 Drive. 18 We're proposing to add 62 residential units on 19 the east side of Vanderbilt Drive and that's going 20 to take our total number of units from 590 to 652. 21 That's still a very low density from the county's 22 perspective, but these are some of the numbers. 23 You see the larger number of preserve and open 24 space that results from the revised application. 25 This represents the master plan that the 9 A 9 1 Planning Commission approved, and this is kind of 2 the snapshot of the eastern parcel and the active 3 part of the western parcel that would have the high 4 rises. The high rise parcels are identified as R1 5 on those exhibits. I'll point it out on both of 6 those. It's harder with both screens. And then 7 the R2 parcel is on the east side of Vanderbilt 8 Drive, and that would be where the proposed 62 9 single family units would be located. 10 The 62 units, this graphic is going to 11 highlight in yellow the proposed development tracts 12 for the 62 homes. And, again, we had asked for 280 13 homes last time that also included a component for 14 senior housing, and at our last neighborhood 15 meeting, we didn't have a lot of details. We 16 didn't know much about the senior housing option. 17 It wasn't well received by the neighborhood. The 18 applicant decided to eliminate that request and 19 reduce the number of units to the 62 units. 20 We heard from the neighbors that were 21 immediately around us that they were concerned 22 about potential views and impacts from the 23 residential development. 24 The two areas highlighted were a commitment 25 made by the developer to keep a 100-foot wide 9A 10 1 vegetative buffer where we were adjacent to 2 existing homes. So adjacent to Glen Eden to the 3 north and adjacent to the portions of Tarpon Cove 4 to our east would remain 100-foot wide vegetative 5 buffer. 6 One of the other parts of the application that 7 was originally proposed was to include boat docks 8 or marina on the western parcel in the area that's 9 highlighted in purple on the two exhibits. That 10 request has been withdrawn and the only place we 11 could potentially have boat docks would be for our 12 own small canoe launches and things like that in a 13 water management lake, but there is no marina 14 component that would have access to the bay. 15 We also eliminated what we called finger 16 parcel, which was the parcel that extends east out 17 to U.S. 41. We agreed that there would be no 18 project access to U.S. 41 via the finger parcel and 19 we also have highlighted that no residential 20 structures would be constructed there, and there 21 are other restrictions that the Planning Commission 22 added to the PUD under their review. 23 We also, at the request of neighbors and the 24 county, agreed to construct a sidewalk on the north 25 side of Wiggins Pass Road. Its highlighted here 9 11 1 only showing in front of our property, but, if, it 2 would extend all the way east to connect to 3 sidewalk that's in front of the shopping center at 4 Wiggins Pass and U.S. 41. 5 We had originally had a recreational tract on 6 the east side of Vanderbilt Drive. We relocated it 7 on the west side of Vanderbilt Drive and called it 8 an amenity and recreation tract. That area was 9 designated previously and has been approved to have 10 a recreational amenity that would support the 11 existing 590 units, so that is the area we've 12 identified where the amenities and recreation for 13 the entire PUD would be. 14 So we had a numerous amount of changes. This 15 is kind of a summary of them that I just talked 16 about. We think all of those have been positive 17 for the various neighbors. They've been well 18 received by staff. 19 This is the existing master plan that's 20 approved and in place today. This depicts the golf 21 course as many of you are aware. 22 This was what we brought in last March and 23 showed you and you can see that not a lot of 24 detail. You didn't like that. We've added more 25 detail. t9A { 12 1 We had the boat docks that were a part of that 2 application. Of course, those have also been 3 removed. 4 This is the master plan that the Planning 5 Commission approved. And you can see that -- call 6 it the eastern parcel, the R2 parcel, where the 62 7 homes would be, we've depicted the configuration of 8 the road network, preserve locations, the tract 9 locations for the homes, et cetera. 10 And we also have the R1 tract, which is where 11 the current high rise units have been previously 12 approved and you've seen the obvious construction 13 that's taking place on the site if you live in the 14 area. 15 That's just a detail, if anybody wanted to see 16 more detail, the buffer locations or anything, I've 17 got that we can come back to for any questions. 18 This is kind of a side-by-side comparison of 19 what many of you saw about a year ago versus what's 20 proposed. 21 So on the left is the plan that was here last 22 March and on the right in the upper corner is the 23 plan that has been endorsed by the Planning 24 Commission and is before you tonight. 25 And then this graphic was on the screen when • C 9A 13 1 you arrived in the room and this is sort of our 2 illustrative concept of how both parcels ultimately 3 fit together where the residential development 4 would be depicting the configuration of the towers 5 on the left side of the road, the amenity tract, 6 and then what it looks like with the lots shown for 7 the 62 homes proposed on the east side of 8 Vanderbilt Drive. And those are large lots. We 9 committed to a minimum of 20,000 square feet, just 10 under half an acre for those. So 62 lots of that 11 size. 12 So we've been through the process of the 13 county, as Dick described. We had our Planning 14 Commission hearing last December. They recommended 15 approval. We're scheduled to go to the Board of 16 County Commissioners March 24th. 17 And with that, I think that it would be best 18 just to open this up to some questions and find out 19 what we can further answer for you and let us hear 20 what you have to say. 21 And I think, from protocol standpoint, do we 22 just want to have speakers line up behind the 23 microphone, Dick? 24 UNIDENTIFIED MALE VOICE: There's two mikes. 25 MR. ARNOLD: Yeah, we've moved the other 9A 14 1 wireless mike over to the other aisle near more of 2 the people. So if you'd like, we'll try to -- 3 those microphones are live, so hopefully everybody 4 can hear what's being asked and we will respond to 5 the best of our abilities. 6 Who's first? Yes, ma'am. 7 MS. RUPNOW: I want this in there, but I want 8 it lower so that I can -- there we go. Thank you. 9 MR. ARNOLD: Ma'am, before you start, could I 10 just say one thing? 11 MS. RUPNOW: Yes. 12 MR. ARNOLD: Could we, since we have the two, 13 let's rotate. So you go, then the gentleman over 14 there and then back and forth. 15 MS. RUPNOW: Okay. 16 MR. ARNOLD: And if everybody would state your 17 name when you start. 18 MS. RUPNOW: Yes. My name is Diane Rupnow 19 (phonetic) . I live in Glen Eden on the Lakes. And 20 if you look at the graphic on the far right side, 21 Glen Eden on the Lakes forms the longest contiguous 22 border with the golf course parcel that's proposed 23 to be developed into 62 homes. 24 And first of all, I want to say that I agree 25 that this building proposal is much better for our A0 15 1 subdivisions. It's also much better for the 2 habitat and the environment. So I'm glad that this 3 is better, but I'm not happy that this is being 4 proposed at all. 5 Paragraph eight of the 2008 settlement said, 6 quote, if the golf course development area or golf 7 course use is ever discontinued or abandoned for 8 any reason, then all of the golf course parcel, 9 including, without limitation, the entire golf 10 course development area, except for those portions 11 allowed for the two residential units, shall remain 12 forever as green open space and be limited in 13 perpetuity to the uses expressly allowed in 14 paragraph 5.3 of the amended PUD preserve parcel. 15 Any revisions to these restrictive covenants will 16 require a super majority vote of the Board of 17 County Commissioners. 18 To me, that means that that piece of property 19 right there has two possible options; golf course 20 or green space forever. 21 I have a quote here from Richard Grant who 22 said, quote, the market demand for golf in Collier 23 County and nationally is not what it once was, end 24 of quote. 25 And that's the reason that the developer is 9 16 1 wanting to put in housing now. Building a golf 2 course is no longer profitable. But the terms in 3 paragraph eight said if, for any reason, the golf 4 course is not built, it would remain green open 5 space. 6 And we would like the commissioners to vote 7 no, do not open the settlement and we'd like the 8 developer to keep his word. Thank you. 9 (Applause. ) 10 MR. BEEVELS: My name -- is this on? 11 MR. ARNOLD: I think so. Go ahead and say 12 something. 13 MR. BEEVELS: Is this on? 14 UNIDENTIFIED FEMALE VOICE: Yes. 15 MR. BEEVELS: If I get closer, I'll eat it. 16 My name is Richard Beevels (phonetic) . I live 17 in Tarpon Cove. 18 I agree 100 percent with what was just offered 19 to the audience and to those at the front of the 20 room. 21 I do have a footnote question, though, as to 22 why Tarpon Cove wasn't afforded the same buffer 23 along its entire left or west boundary as was 24 offered to the property to the north. 25 MR. GRANT: You want to answer that? I t 9A 17 1 thought -- I thought -- he's going to put a graphic 2 up. I thought the -- I thought the answer was that 3 the buffer was where there was housing, but let 4 Wayne address that. 5 MR. ARNOLD: (Indiscernible) . 6 MR. BEEVELS: I see. Got it. 7 MR. ARNOLD: And just for everybody's benefit, 8 the reason it wasn't -- there is a preserve that 9 already exists in Tarpon Cove on our northern 10 portion, so the buffer was extended in this area 11 where there are homes in Tarpon Cove, but not above 12 it, where there are no homes adjacent to the 13 preserve. 14 MR. BEEVELS: Thank you. 15 MR. SOLARUM: Hello. My name is Nate Solarum 16 (phonetic) . My wife and I have a number of 17 properties here. One of them happens to abut this 18 community. 19 I was at the March 2004 (sic) meeting, and at 20 that time I was very upset with the proposal 21 because I, too, thought a deal was a deal. And a 22 deal is a deal unless a better one comes along, and 23 I think this is a better one. And let me tell you 24 some of the reasons why. 25 First of all, the elimination of the golf 19A 18 1 course. While I recognize paragraph eight, what 2 this other woman said, in the paper last week, 3 Florida Weekly, I just want to read one sentence to 4 you. It says Collier County. The greater Naples, 5 Marco Island area has the distinction of having the 6 most golf course holes per capita in the United 7 States according to the National Golf Foundation, 8 Florida Weekly, February 4th edition. 9 What that means in financial terms is we're 10 overweighted golf. We don't need more golf 11 courses. So I accept the fact that the builder has 12 listened to the environment, the community and our 13 society and golf is now becoming not as important 14 as it used to be. 15 And the last thing we need is to have another 16 golf course go bankrupt. There's still some 17 bankruptcies around. You can see something go up 18 by cockleshell. It's a disaster when a golf course 19 goes bankrupt. So we don't need a golf course. So 20 I applaud them on that. 21 However, there's a few other things I want to 22 point out. These -- the density of this project is 23 now -- they requested 280 homes. They're going 24 down to 60 on 180 acres, that parcel that you 25 wanted raw land. I think that this is the best and ? 9A 19 1 highest use for this property and I think it's 2 going to bring up the surrounding property values. 3 Again, we have -- we have an interest in the 4 property next door and I think my property is going 5 to go up. You're putting $2 million homes up next 6 to homes that are between a half a million to a 7 million dollars, condos, 300,000. You're going to 8 raise the price of your homes, okay? 9 They listened to us and they put a 100-foot 10 buffer around. So the homes, the existing homes 11 cannot see the new homes that are going up. You 12 can't see 20 feet in these areas, through 20 feet, 13 let alone 100 feet. So it's not going to be -- 14 there's not going to be any visual sight of anybody 15 else's property or noise. 16 I think it's a -- I think it's a good thing 17 and I think it's going to raise the value of Tarpon 18 Cove, Wiggins Bay and Glen Eden. 19 Now, you can say, well, let's leave it as raw 20 land. Raw land does nothing for anybody. It 21 doesn't help us. 22 (Laughter. ) 23 MR. SOLARUM: Let me finish. I didn't 24 interrupt anybody and I would like a little 25 respect. If you want to disagree with me, please 19A 20 1 do, but do it in an orderly fashion, please, okay? 2 I'm invested here just like everybody else is 3 invested here and I'm going to state my opinion. 4 You don't like my opinion, okay, but let me finish, 5 okay? 6 Now, raw land, there's homeless people that 7 use that raw land. I've walked that land. If 8 anybody walked that land, you'll see. There's 9 homeless people there. There's trash in there. 10 And I saw an arrow, which means somebody may be 11 poaching, okay? 12 Now, if you convert this to 60 homes on 180 13 acres, there's plenty of open space for the 14 wildlife and the deer to still enjoy. It's going 15 to be like one big salad bar for them. They're 16 going to love it. And if anybody doubts it, go to 17 Twin Eagles and see all the deer that's at that 18 community. I think this is a great idea. 19 Now, the other thing I wanted to mention is 20 the elimination of the docks and the 94 acres. The 21 elimination of the docks helps everybody. It helps 22 the manatees, the fish, the environment and it 23 preserves the mangroves. It also offers us all 24 storm protection. 25 So that means also that you're freezing the r 9A 21 1 amount of docks that you're allowed here. You're 2 putting a freeze on permits. You got Aqua 3 (phonetic) and you got Pelican Bay Yacht Club. 4 That's it. 5 So now you're adding 600 more residents. If 5 6 percent of them are boaters, and they probably are 7 because they're expensive homes, that means the 8 demand for those slips are going up. My friends 9 and I just bought one because we know the price of 10 those slips are going up and so is the 11 corresponding property values in Aqua and Pelican 12 Isle Yacht Club. 13 So also the elimination of those docks makes 14 it easier to maneuver if you're a boater. 15 So the addition of those -- also the 94 acres 16 behind Arbor Trace, that's beautiful. That's going 17 to remain -- it will remain as preserve forever. 18 That's part of it. Once it's set, it will be done. 19 So also the elimination of the senior housing. 20 Well, I'm not against senior housing. One of our 21 units is in Arbor Trace, but what it's doing is 22 it's eliminating new competition for me and I 23 believe that's a good thing, okay? That's my 24 belief. 25 (Applause. ) 9A : 22 1 MR. ARNOLD: Sir, over on the right. 2 MR. PIAZZA: My name is Mike Piazza 3 (phonetic) . What guarantees do we have from the 4 government that your proposal of the 94 acres will 5 remain the way it is today? 6 MR. GRANT: Well, the answer to the question 7 is that the PUD document restricts it to being used 8 for a preserve and conversation easements have been 9 granted. And I know you're going to say, well, how 10 do I -- how can I be sure that that won't change in 11 the future, and I don't have an answer for that 12 other than it will be committed that way for now. 13 MR. PIAZZA: Who's to say in five years you 14 don't come back and decide to (indiscernible) ? 15 MR. GRANT: Well, I -- I'm not prepared to 16 engage in an argument about what people may or 17 might not do in the future. I tried to answer your 18 question honestly. 19 MR. PIAZZA: That's a big question. 20 MR. GRANT: Your question was, I thought, what 21 assurance is there that it won't be changed in the 22 future. 23 MR. PIAZZA: Right. 24 MR. GRANT: And the answer I gave you is that 25 it would have to be changed by an amendment to the r 9A 23 1 PUD, which would have to be approved by a vote of 2 the County Commission in the future which requires, 3 under current law, four votes before that could be 4 changed. 5 MR. PIAZZA: And we have no one here 6 representing the county to answer my question. 7 MR. GRANT: This is not a meeting to -- 8 MR. PIAZZA: Okay. 9 MR. GRANT: -- make these decisions, sir. I 10 mean, I think you can talk to elected officials. 11 You can talk to the county staff. You can talk to 12 the county attorney. I would think the county 13 attorney will probably give you the same answer I 14 just gave you, but -- 15 MR. PIAZZA: Earlier -- another question. 16 Earlier was mentioned about a 100-foot buffer for 17 Eden on the Lakes. Then you have a parcel you call 18 the finger parcel, and adjacent to that is Falling 19 Waters north preserve, which is north of Tarpon, 20 but right now you're saying nothing is going to 21 happen construction-wise and you have no plans for 22 usage for that finger's parcel. 23 If and when something does come down the road 24 and you decide to do something, will there also be 25 a 100-foot buffer (indiscernible) preserve? r 9A 24 1 MR. GRANT: Well, the -- the proposal, just so 2 you understand it, as the proposed revision to the 3 PUD has been proposed, is that there can be no 4 building in the finger parcel, okay? So if that is 5 approved by the County Commission, then the zoning 6 will not allow anything to be built there. 7 MR. PIAZZA: Okay. 8 MR. GRANT: Could that be changed by a future 9 request to amend the PUD, approved by the Board of 10 County Commission? I think the answer is yes. 11 MR. PIAZZA: Okay. 12 MR. GRANT: But -- so, I mean, it's like most 13 zoning. Zoning does impose restrictions, but 14 people are entitled to ask to change their zoning 15 and -- that doesn't mean they're going to get it, 16 but people are entitled to ask. 17 MR. PIAZZA: Right. Thank you. 18 MR. GRANT: Yes, sir. 19 MR. KRESSI: My name is David Kressi 20 (phonetic) and I live at Glen Eden on the Lakes. 21 First of all, I'd like to say that I'd like to 22 thank you for having this meeting tonight and I 23 understand now that you had to have it, but I think 24 that's wonderful. 25 MR. GRANT: It was both. It was both. 19A 25 1 MR. KRESSI: I have to commend you also on the 2 fact that you're well prepared this evening and 3 last year was -- well, it was what it was. 4 MR. GRANT: It was less than desirable. 5 MR. KRESSI: It was less than desirable. 6 MR. GRANT: We all agree. 7 MR. KRESSI: I had the pleasure of attending 8 that meeting. I also had the pleasure of attending 9 a meeting on May 2nd with Mr. Corace and with 10 Commissioner Hiller in the North Collier government 11 center, where the developer laid out the revised 12 plan going from 280 dwelling units on the east side 13 of Vanderbilt Drive to the 62 dwelling units. 14 I walked away from that meeting feeling that 15 this was so much better than what had been 16 previously presented, I felt pretty much like the 17 person that was standing in front of me at the 18 time, this was probably good for my property values 19 and it was a whole lot better than it had been. 20 But as time went on, a couple of things 21 changed. It occurred to me, first of all, that it 22 was awfully quick between the March meeting and the 23 May meeting for the developer to suddenly come up 24 with a completely revised plan. And it caused me 25 to wonder whether there was a bait and switch in 1 9A 26 1 place and whether the original proposal had been so 2 -- so bad, frankly, that when they came up with the 3 62, we all breathed a great sigh of relief. That 4 was a concern of mine. 5 This winter, I wrote the County Commissioners, 6 and this goes to the question that was just asked. 7 Because there is a provision in the settlement 8 agreement that prohibits the developer from suing, 9 providing that the county -- providing that the 10 county does not violate any of the terms of the 11 settlement agreement. 12 And it's my understanding, and I'd like you to 13 respond to this, if you would, that if the 14 settlement agreement is reopened and if the PUD is 15 reopened, that assurance that we now have, that 16 legal assurance that cost the taxpayers of this 17 county $2 million to obtain, that you, the people 18 you represent, agreed never to sue the county over 19 this, is going to still remain in place. It 20 doesn't seem -- it seems to me it's going to be 21 gone and we're going to be in the situation that 22 was just described. 23 Jeffrey Klatzkow, the county attorney, said, 24 in correspondence to me, that everybody has the 25 right to request changes in zoning, just as you 19A 27 1 say. 2 MR. GRANT: Right. 3 MR. KRESSI: And that's really my concern. We 4 went from 280 in a month to 62. The first building 5 tower is going to be up by 2017, so I don't know 6 exactly when construction is planned on this east 7 side parcel, but what's to say that you won't be 8 back again and again and again and again until you 9 get the most profitable use of this property you 10 possibly can? 11 (Applause. ) 12 MR. GRANT: You've thrown out a number of 13 things. Okay. There was no bait and switch. You 14 can believe that or not, okay? There was an honest 15 effort to listen to the community and address the 16 concerns that people had. That was done. I'm 17 comfortable that many people find that acceptable. 18 I appreciate that there are people that won't and 19 don't and probably never will and you're entitled 20 to have that point of view. 21 I'm not sure what you're talking about when 22 you say agreement not to sue. There was a 23 settlement agreement, and obvious when people 24 settled, they agreed they would not continue that 25 litigation. 9A � f 28 1 In terms of the future, I think the developer 2 would be very comfortable and very pleased if the 3 County Commission were to approve what has been 4 proposed and is being proposed. I can't speak to 5 the future. (Indiscernible) absolutely no plans to 6 come back in the future and seek something 7 different, but, you know, I think the county 8 attorney probably told it to you correctly. 9 People that own property do have a right to 10 ask to have their zoning changed. That doesn't 11 mean they're going to get it, but they have a right 12 to ask for it. So I don't know if that responds 13 adequately to your question, but I don't believe 14 any property owner would be prepared to say I will 15 never ask for some future change in the future. I 16 mean things and circumstances do change, but 17 there's no plan to seek anything, and I think the 18 developer would be quite pleased if it were able to 19 get this, okay? 20 You want to say something? Mr. Corace wants 21 to speak to that. 22 MR. CORACE: This is a lawyer talking here. 23 The fact of the matter is, there's two issues. One 24 issue that you brought up was the 94 acres there 25 that is preserve. And that is correct, it is in P 9A 29 1 the PUD as preserve. 2 One person mentioned behind me, and I don't 3 know which one of these lovely ladies said that, 4 but they indicated that this was preserve, this 5 property here was preserve. Not true. Never was 6 and never will be. 7 What you have here is open space. Open space 8 is not preserve and it's not a park. So let 9 everybody be clear that that is not preserve. 10 And with respect to the 62 lots, and I read 11 your letter and I read Mr. Klatzkow's letter. Our 12 objective is the 62 lots. We have no interest in 13 providing for any more density than that. 14 What we are interested in is giving you the 15 assurances that through our deed restrictions on 16 those lots, that there's no possible way that 17 somebody could change that zoning. Once you sell 18 the first lot to a guy and it's a 62-lot 19 subdivision, that is normally assurance enough. 20 And there may be other mechanisms by which we can 21 make that very clear and make sure that it cannot 22 be, even to the extent of saying I need all the 23 neighbors and their associations to approve it 24 unanimously. How's that? The chances of getting 25 that are like zero. 9 A 30 1 Yes? 2 UNIDENTIFIED MALE VOICE: How would you do 3 that? Would you put it in an agreement to be 4 approved by the County Commissioners? 5 MR. CORACE: I don't know -- 6 UNIDENTIFIED MALE VOICE: (Indiscernible) . 7 MR. CORACE: Okay. 8 UNIDENTIFIED MALE VOICE: Go ahead 9 (indiscernible) . 10 MR. CORACE: Okay. 11 UNIDENTIFIED MALE VOICE: (Indiscernible) 12 better be (indiscernible) . 13 MR. CORACE: There would be a mechanism in 14 place, and if the Collier County Commissioners want 15 to put in some type of a mechanism that would 16 ensure that, we would be welcome to that. I don't 17 know what exact mechanism it is. It could be deed 18 restrictions. It could be some other mechanism, 19 but we'll do it to make it the tightest we can make 20 it. 21 UNIDENTIFIED MALE VOICE: Can you make that 22 part of your application? 23 MR. GRANT: All right. The questions -- we're 24 taking things out of sequence here, sir. I will 25 answer your question, okay? 9A 4 � 31 1 Sir, I think -- I'm sorry. Which side are we 2 on? You're next. Okay. 3 MR. SHIELDS: Yeah, my name is Mike Shields. 4 I'm the president of Tarpon Cove. 5 I want to go back and share with you the 6 experience. I've been deeply involved in this 7 process and I just want to share, for your benefit, 8 the people from Tarpon Cove that are here, at the 9 last meeting, I was at that meeting, and I came 10 away with my head shaking. And I was the first to 11 sign that petition that was going around. I was -- 12 I was shocked at what they were asking for. 13 So I got on the bandwagon. I had no choice. 14 I was pulled into it as the president. I was asked 15 questions I couldn't answer. 16 The next day, I talked to a couple of people. 17 I reached out to our commissioner and I said, 18 Commissioner, I'm confused. I need some help. And 19 she says, Mike, come on down. I appreciate that. 20 So I invited two of the most vocal people to 21 come with me. I said, guys, let's go sit down with 22 the commissioner and let her help us get through 23 this. 24 Well, one refused to go along because he says 25 they don't like me. The other one went along with 9 A 32 1 me, a former board member, and the president of the 2 association. We sat down with the commissioner and 3 I said help us here. 4 She says, Mike, I'll tell you, gentlemen, 5 there's a process that's taking place here. And to 6 enlighten you, you just can't come here and say you 7 don't like something. You have to come back with 8 your concerns. 9 And so we went back and sat down and brought 10 back to her our -- we had four concerns that we 11 were concerned about. And we sat down. We met the 12 developer. It was a process. 13 So we also reached out to two local 14 communities, Wiggins Bay Foundation, which is 15 across the street from this, and Wiggins Lake and 16 Preserves. We happen to have an e-mail network 17 where we keep people (indiscernible) . We sent over 18 1,000 e-mail blasts out to people, keeping them up 19 to speed on this. 20 So we sat down at the next meeting and we were 21 introduced to the developer and we had our 22 concerns. And out of that, we came away -- we were 23 also introduced to this new plan. 24 And I'd like you to answer a question. Why 25 62? Why is that number so special when you could 9A `- 33 1 have asked for much more than that? But let me 2 finish this and then (indiscernible) . 3 So my problem was we said -- we came away from 4 that meeting that they had gone from this 590 to 62 5 units. They agreed to our concern about safety in 6 putting the sidewalk in. Our concern -- we didn't 7 want to see this new development, so they gave us 8 the 100-foot setback. 9 We have another concern, an internal concern 10 about some drainage that we're working on right 11 now, but we came away from that meeting thinking 12 our concerns were listened to and what they came up 13 with was a pretty reasonable alternative to a golf 14 course. 15 Personally, I didn't want a golf course. Gets 16 into the aquifer, uses chemicals and pesticides. 17 So, to me, if our choice is a golf course or 18 leaving it as green space or the process says they 19 can do what they're doing and go and ask for an 20 amendment, right now, we're in that -- we're in 21 that process, okay? But I personally didn't care 22 -- didn't want a golf course there, because never 23 mind it wasn't economical, I didn't want that land 24 being used for a golf course. That was 25 (indiscernible) . 9A 34 1 I just want to tell you that the process that 2 -- I got involved at the beginning. I thought it 3 would be very helpful. I reached out to two -- our 4 two immediate neighbors, Wiggins Lake and Preserves 5 and Wiggins Lake Foundation, and they're also on 6 board with this plan, so. 7 (Applause. ) 8 MR. GRANT: Thank you. Yes, ma'am. 9 Did you want an answer to the question? 10 MR. SHIELDS: Yeah, why 62? Why 62 11 (indiscernible) ? 12 MR. GRANT: I'm not the traffic expert, but it 13 is my understanding that 62 lots is approximately 14 comparable to the traffic generation of a golf 15 course. 16 MR. SHIELDS: Thank you. 17 MR. GRANT: Okay. Yes, ma'am. 18 MS. ELLISON: My name is Barbara Ellison 19 (phonetic) . I live in Glen Eden on the Lakes and 20 I'm a board skeptic, so everything I hear, I 21 question. 22 One of the things I'm questioning is this idea 23 that somehow 62 $2 million homes confers upon my 24 half million dollar home some added real estate 25 value. People shopping for a $2 million home are r 9A 35 1 not going to say, well, let's go over and look at 2 her house, too. It's two different markets. So 3 that part, I don't get. 4 The other part is the fact that in order for 5 your client or your partner to build Kalia Bay 6 (phonetic) , the way he wants to build it now, in 7 the settlement, he agreed to numerous -- he got 8 numerous concessions. He got extra stories. He 9 got less setback. Many concessions were given to 10 him in replace of -- in place of either developing 11 a golf course or leaving it green space in 12 perpetuity. That's a big word. That means like, 13 you know, the afterlife. It's forever. 14 So I don't know why you would agree to 15 something in perpetuity because it's just 16 convenient at the time to get your concessions 17 across the road. So if his PUD is open, is your 18 client going to give up all the concessions he was 19 given to build across the road? 20 (Applause?) 21 MS. ELLISON: Because (indiscernible) gave up 22 a lot. 23 MR. CORACE: Well, first of all -- 24 UNIDENTIFIED MALE VOICE: Sir, could you 25 identify yourself, please? 9A 36 1 MR. CORACE: Yes. I'm Richard Corace. Thank 2 you for asking. 3 MS. ELLISON: And what's your deal? 4 MR. CORACE: I'm a partner in Lodge Abbott. 5 MS. ELLISON: Okay. 6 MR. CORACE: And I represent -- I am the 7 developer, the greedy, rotten developer that you 8 see before you. 9 MS. ELLISON: I'm not calling you greedy or 10 rotten. 11 MR. CORACE: Let's talk about -- 12 MS. ELLISON: I'm just saying, hey, make a 13 deal, you know. 14 MR. CORACE: Let's talk about the concessions 15 that you speak of. 16 We had this property zoned officially through 17 the county in the year 2000, okay? All of the 18 zoning that we have there was exactly the same 19 except for one issue. In exchange -- the density 20 was the same. The density was -- the density never 21 changed from 2000 to the settlement agreement, no. 22 So there was no concession of adding more units. 23 The concession was giving us three stories on 24 one building, the far northern building. Where's 25 the site plan? On the far northern building, which 9A 37 1 totals 18 units, not increasing the density. It 2 was better to put the 18 units on that building 3 than it was to scatter those 18 units on the 4 ground. That's the fact. 5 So when you talk about concessions, every item 6 that is in the PUD of 2000 and that survives the 7 2008 settlement agreement, hasn't changed. That is 8 a fact. 9 MS. ELLISON: Well, you want to change what 10 you agreed to. 11 MR. CORACE: Yes. 12 MS. ELLISON: You agreed to open space in 13 perpetuity and I don't think the animals got the 14 memo, you know. 15 MR. CORACE: Look, I got this right here, 16 okay? And I agree, a deal is a deal. 17 MS. ELLISON: Okay. 18 MR. CORACE: I agree with that. 19 MS. ELLISON: Except when it doesn't suit you. 20 MR. CORACE: No, I do agree a deal is a deal. 21 However, we think this is a better deal for 22 everybody. You disagree. 23 MS. ELLISON: I don't -- I need -- 24 MR. CORACE: You're not just -- 25 MS. ELLISON: -- to be convinced how it's a 9A 38 1 better deal for me. 2 MR. CORACE: Okay. 3 MS. ELLISON: I don't get it. 4 MR. CORACE: First of all, I could go through 5 the whole issues of a golf course. We know 6 (indiscernible) golf courses are, good or bad. I'm 7 a golfer myself, but there are some environmental 8 issues associated with that. (Indiscernible) . 9 MS. ELLISON: Right. I didn't want a golf -- 10 why would you agree to in perpetuity green space if 11 it wasn't -- 12 MR. CORACE: No. 13 MS. ELLISON: -- ever an option. 14 MR. CORACE: Please. There were three options 15 available to us out of the settlement agreement. 16 One was a golf course. 17 Two was open space, okay? Open space. That's 18 what the document says, which means vacant land. 19 That's what that means, vacant land. That's what 20 that means. 21 And the third thing was two 100-acre horse 22 farms. Don't ask me. 23 UNIDENTIFIED FEMALE VOICE: That's not in the 24 settlement. 25 UNIDENTIFIED FEMALE VOICE: That's not in the 9A 39 1 settlement. 2 UNIDENTIFIED FEMALE VOICE: Doesn't it say 3 (indiscernible) . 4 MR. CORACE: No, but it is in the two 5 residents, the two residents can be lots that are 6 200-acres lot, okay? And in that there is a 7 specific provision in the land development code 8 that says one of the uses is a horse farm. 9 I'm not planning to put in a horse farm. All 10 I'm saying is that is in the ordinance. 11 MS. ELLISON: But how does this benefit me, 12 that 62 lots? 13 MR. CORACE: I'll tell you how it benefits 14 you. 15 MS. ELLISON: I missed that. 16 MR. CORACE: I'll tell you how it benefits 17 you. 18 MS. ELLISON: Okay. 19 MR. CORACE: Do you have the clearing plan? 20 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 21 MR. CORACE: Okay. I'll show you how it 22 benefits you. 23 UNIDENTIFIED MALE VOICE: (Indiscernible) . 24 MR. CORACE: Yeah. I'll show you. 25 This is a simple visual. 1 9A i 40 1 MS. ELLISON: Okay. 2 MR. CORACE: If we could ever get it. This is 3 not going to be like the church, uh-uh. 4 UNIDENTIFIED FEMALE VOICE: Hallelujah. 5 MR. CORACE: Always a (indiscernible) . 6 UNIDENTIFIED FEMALE VOICE: Go to the golf 7 course plan. Show the golf course. 8 MR. CORACE: While they're doing that. 9 MS. ELLISON: Uh-huh. 10 UNIDENTIFIED FEMALE VOICE: There you go. 11 MR. CORACE: There you go. 12 Here's the clearing plan approved for the golf 13 course up on the top. 14 MS. ELLISON: We know you're not going to do 15 that because it's not -- 16 MR. CORACE: Well, you don't know what I'm 17 going to do. 18 MS. ELLISON: Well -- 19 MR. CORACE: I have the right to do that. 20 MS. ELLISON: You have a right to do it. 21 MR. CORACE: Okay. 22 MS. ELLISON: But it's not in your financial 23 interest. Okay. 24 MR. CORACE: Here's the clearing plan, okay? 25 Now, you notice that golf courses take out a lot of 9A F 41 1 trees. This is the 62 lot clearing plan. All of 2 that land that you see in green is in preserve, 3 deeded as preserve. Plenty of room for the birds 4 and bunnies, plenty of room to -- that's a lot 5 better to me, in my opinion. Maybe not in yours. 6 And I understand that. Maybe not yours. 7 MS. ELLISON: I think it is better, but it 8 isn't what the county and your company agreed to. 9 MR. CORACE: Correct. 10 MS. ELLISON: So that's why we kind of want to 11 say hey -- 12 MR. CORACE: And I understand that. 13 MS. ELLISON: -- that's our position. 14 MR. CORACE: But I'm -- don't -- but if a deal 15 is a deal and you, yourself, agree that this is a 16 better deal. 17 MS. ELLISON: It's only a better deal if you 18 didn't have the PUD settlement in place. If it was 19 like do you want this crummy thing, that crummy 20 thing or this kind of not that crummy thing. 21 MR. CORACE: All right. That's your opinion. 22 I appreciate that. I appreciate that. 23 MS. ELLISON: So, you know -- 24 MR. CORACE: And I'll fight to the death for 25 your right to say it. 1 9A 42 1 MS. ELLISON: Oh, great. Thanks 2 (indiscernible) . 3 MR. CORACE: Okay? 4 (Applause. ) 5 MR. CORACE: Was that applause for her or was 6 it for me? 7 (Multiple speakers. ) 8 MR. CORACE: Her or me? Show of hands. Show 9 of hands. Her? Her? Where is the love here? 10 MR. GRANT: Yes, ma'am. 11 MS. SNYDER: Now, could you put the picture of 12 the proposed development plus the preserved area so 13 we've got two different screens? I'd like to ask 14 questions about both of them. 15 MR. GRANT: You'd like the overall site plan 16 that shows the buildings? 17 MS. SNYDER: Yeah, yeah. Can you do that? 18 MR. GRANT: Okay. We'll get -- put the site 19 plan -- 20 MS. SNYDER: And while you're waiting, my name 21 is Susan Snyder (phonetic) . 22 MR. GRANT: Is that the drawing you're looking 23 for? 24 MS. SNYDER: That one, but not on those 25 screens. Can we change this one to a different r 9A 43 1 screen? 2 MR. GRANT: It's on both screens now. 3 MS. SNYDER: I don't want it on both screens. 4 Could I have -- 5 MR. GRANT: Oh, you want the -- I don't know 6 they can do the split screen. 7 MS. SNYDER: All right. Well, everybody look 8 at this one first, then we'll have them switch it. 9 What -- what my question -- the first idea is 10 -- and then, by the way, I'm a scientist, retired 11 science teacher and a scientist for the Conservancy 12 as a volunteer. And I'm working in the preserve 13 there, if you're familiar with the gopher tortoise 14 preserve there, it's eight acres. And we're 15 talking about 78 times that here in acreage. 16 So my question is, when you go in and you put 17 in these 62 houses and it looks lovely now with all 18 that preserved area, what's it going to look like 19 when you clear the land? Because we're all used to 20 looking at the other side where there's nothing. 21 Could you talk to that first? 22 MR. GRANT: All right. Well, the clearing 23 plan that we had up on the screen before was 24 designed to show that. So it -- 25 MS. SNYDER: No. The clearing of this land to r 9A 44 1 prepare for these 62 houses -- 2 MR. GRANT: Yeah, that's where -- 3 MS. SNYDER: -- how much is going to be gone? 4 MR. GRANT: That is what we had up on the 5 screen a minute ago, we're going to put it back up, 6 is intended to illustrate, which is what's going to 7 be cleared, okay? If we can get it back -- do you 8 -- everybody got a good mental picture of the way 9 it looks when it's finished? 10 Okay. There's the clearing plan. 11 MS. SNYDER: Okay. So you're going to go with 12 a bulldozer and just do a straight line? You're 13 not going to touch those other trees. 14 And how about those lakes, how are you going 15 to do that? 16 MR. GRANT: Well, the lakes are obviously 17 going to have to be excavated. 18 MS. SNYDER: And where's the debris going to 19 be put? 20 MR. GRANT: I am not the construction person. 21 MS. SNYDER: See, these are details that I 22 think are extremely important. 23 MR. GRANT: Well, I think -- and I think you 24 -- I think you raise a very good point. All I'm 25 telling you is the plan is, as I understand it, P9A 45 1 that the areas that you see in green here, which 2 are to remain buffer and preserve, should not be 3 disturbed during construction. That -- 4 MS. SNYDER: Okay. On the other side, where 5 you've cleared everything out, you're now going to 6 put trees back in. 7 MR. GRANT: Would you say -- when you said -- 8 MS. SNYDER: On the west side of Vanderbilt 9 Drive. 10 MR. GRANT: The west side, okay. All right. 11 MS. SNYDER: All we see is a couple lakes and 12 nothing, and then beyond that, (indiscernible) . 13 How is that going to compare to what we're 14 going to see on the right during construction? 15 MR. GRANT: Are you asking the question about 16 what's going to be cleared on the west side versus 17 what -- 18 MS. SNYDER: We already know what's on the 19 west side. We're seeing stripped land. 20 MR. GRANT: There has been some clear, that's 21 correct. 22 (Laughter. ) 23 MS. SNYDER: I haven't seen any trees until I 24 go beyond the development. That's wiped out 25 everything that's there. For the people that are 1 9A 46 1 concerned about the bunnies, I'm doing research 2 where I'm discovering new species in this eight 3 acres that nobody ever saw before and we're just 4 wiping them out with this kind of development. 5 That's one thing. 6 Okay. Can you put that other picture back up, 7 please, the one that shows -- 8 MR. GRANT: I guess I'm not sure I'm 9 understanding where you're going with the question. 10 I mean -- 11 MS. SNYDER: Well, my question -- my question 12 is that I don't think you can do what you're saying 13 with minimal disturbance of the land. And that's 14 not a question. That's a statement. 15 MR. GRANT: Okay. 16 MS. SNYDER: My question was asking you how 17 you're planning on doing this and you can't answer 18 it. 19 MR. GRANT: I am not a construction person. I 20 will let Mr. Corace try to explain to you how he 21 believes that should be possible, okay? 22 MR. CORACE: First of all, a lot of the 23 clearing that we do, that we did on the west side 24 and we will do here, is the removal of exotics. 25 Are you familiar with the exotics? r 9A 47 1 MS. SNYDER: I absolutely know. And I'm 2 pulling them up in the gardens all the time. 3 MR. CORACE: Okay. 4 MS. SNYDER: I know my exotics. 5 MR. CORACE: Okay. Well, you know that the 6 whole line of exotics that existed on the west side 7 was acacia trees that had to be removed? You're 8 aware of that, correct? 9 MS. SNYDER: How about the gopher tortoises, 10 did you do something with those, too? 11 MR. CORACE: Yes, we did. We had our permit. 12 MS. SNYDER: To -- 13 MR. CORACE: We spent thousands of dollars to 14 relocate them to a country club in Tallahassee, as 15 a matter of fact. 16 MS. SNYDER: And they don't relocate, just for 17 your information. That's a -- 18 MR. CORACE: Pardon? 19 MS. SNYDER: They don't relocate. 20 MR. CORACE: Oh, they don't? 21 MS. SNYDER: No. 22 MR. CORACE: Okay. Well, I could have an 23 expert -- 24 MS. SNYDER: You pay the permit. They move 25 them, but they don't settle in there. They end up 9A Aft 48 1 dying. 2 MR. CORACE: Really? Well, I guess I could 3 only go by what the state tells me to do, and 4 that's the permit they gave me and that's the -- 5 that was the protocol used by the State of Florida. 6 MS. SNYDER: Well, my point is when you go in 7 and you start clear-cutting the land, you don't 8 know what you're doing. 9 MR. CORACE: Well, hold on a second. 10 MS. SNYDER: You don't know what you're 11 destroying because you haven't even -- you don't 12 really know it. 13 MR. CORACE: Really? All right. Well, thank 14 you for your question. 15 MS. SNYDER: But I'm not finished. I want 16 that other picture up, please. 17 MR. CORACE: Okay. Which other picture? 18 UNIDENTIFIED FEMALE VOICE: This? 19 MS. SNYDER: No. The one that shows your 20 preserved land. 21 MR. CORACE: There it is right there. 22 MS. SNYDER: No, the preserved land labeled 23 preserved land. It's that -- 24 MR. CORACE: Oh. 25 MS. SNYDER: -- 92 acres. 9 A 49 1 MR. CORACE: Okay. 2 UNIDENTIFIED MALE VOICE: (Indiscernible) 3 aerial that has the whole thing. The future golf 4 course. 5 MR. CORACE: No. 6 UNIDENTIFIED MALE VOICE: With paragraph 7 eight. 8 MR. CORACE: That's not it. You got to take 9 the master plan. 10 UNIDENTIFIED MALE VOICE: It's the -- it's 11 the -- 12 MR. CORACE: Aerial. 13 UNIDENTIFIED MALE VOICE: It's the aerial that 14 has the (indiscernible) . 15 MS. SNYDER: It was an aerial view. It was an 16 aerial view of the area that's along the water. 17 MR. CORACE: Yes, he's getting it. 18 UNIDENTIFIED MALE VOICE: He's getting it. 19 MS. SNYDER: Okay. 20 UNIDENTIFIED MALE VOICE: Is it that one? 21 UNIDENTIFIED FEMALE VOICE: No 22 (indiscernible) . 23 MR. CORACE: The (indiscernible) . 24 UNIDENTIFIED MALE VOICE: Put the 25 (indiscernible) . 9A 50 1 UNIDENTIFIED FEMALE VOICE: There you go. 2 UNIDENTIFIED MALE VOICE: Is that what you're 3 talking about? 4 MR. CORACE: There it is right there. 5 MS. SNYDER: Yeah. Yeah, that 94 acres up 6 there. 7 MR. CORACE: Yes. 8 MS. SNYDER: Could you describe that property? 9 What is it like? 10 MR. CORACE: It's basically wetlands. 11 MS. SNYDER: So it's mangroves? 12 MR. CORACE: That's -- well, some mangroves. 13 Mostly -- but mostly wetlands, yes. 14 MS. SNYDER: So you couldn't do anything there 15 anyway, right? 16 MR. CORACE: No, that's correct, we can't. 17 MS. SNYDER: Okay. 18 MR. CORACE: No. That's the eagle habitat. 19 UNIDENTIFIED FEMALE VOICE: No, it's not. 20 It's osprey (indiscernible) . 21 MR. CORACE: Oh, okay. Well, thank you. 22 (Applause. ) 23 MR. GRANT: Yes, sir. 24 MR. HYDRICK: Good evening. My name is 25 Richard Hydrick (phonetic) , and I live in Cove r9A 51 1 Tower Preserves Montego. Two quick statements and 2 then get to my question. 3 Number one, I agree with many people who more 4 eloquently than I can say I don't know why we're 5 here because there's an agreement in 2008 and 6 nothing has been presented to change that. 7 (Applause. ) 8 MR. HYDRICK: The second statement I'd like to 9 make is Mr. Shields spoke earlier and he's been 10 very good about having this e-mail network that 11 he's saying and he's been involved in a couple of 12 associations. I want to make clear that I am in 13 one of those associations and been part of that, 14 Mr. Shields in no way represents me or, as far as I 15 know, anybody else in our association. 16 (Applause. ) 17 MR. HYDRICK: That being said, I'm going to 18 bring up a little bit of a different subject. I've 19 been here to both of these meetings and this is a 20 good screen to have up, but the parcel to the south 21 here on the west side of the road -- 22 MR. GRANT: Yeah. 23 MR. HYDRICK: -- there's been very little, if 24 any discussion about that. This is a good slide 25 here. It shows the proposed 94 acres and the r 9A 52 1 existing PUDs, but the way I read that, south of 2 Wiggins Pass, that's all -- exactly. Thank you. 3 MR. GRANT: Right. 4 MR. HYDRICK: That's also part of the existing 5 PUD and I've heard very little, if any about 6 current or, in your words, you know, for future use 7 of that land, what it's designated for. 8 Earlier, in one of the other slides, it 9 designates it with a P. I'm not quite sure what 10 that meant. It was hard to -- 11 MR. GRANT: P means preserve. 12 MR. HYDRICK: Okay. Could you maybe elaborate 13 on the current and potential future uses, if any, 14 of that land? 15 MR. GRANT: The current use of -- the current 16 use is that it's in a natural state. The proposed 17 use is a natural state, and the permitted use under 18 the current PUD and the amended PUD is that it's 19 preserve. 20 MR. HYDRICK: What does that mean to us? I 21 mean, you, a little while ago, meant that -- you 22 said the words -- after a statement like that, of 23 for now. 24 MR. GRANT: Well, sir, I don't mean to be 25 sounding like I'm holding back, okay? Zoning is ' 9A 1 53 1 something which it's the law, okay? A zoning 2 ordinance is a law. It's an ordinance. It's -- 3 your property where you live is zoned, okay? You 4 can ask to change it. That doesn't mean you want 5 to or you would and it doesn't mean you're going to 6 get it. 7 It's designed to protect areas and that's why 8 zoning laws exist, but it doesn't mean that 9 somebody in the future couldn't ask to change it. 10 Do I think it's likely that anybody is going 11 to ask for that to be changed? No. Do I think 12 it's likely that anybody would approve something 13 there? No. I think most of it is pretty wet, from 14 what I understand. So I think it's -- I don't 15 think it's realistic, but -- 16 MR. HYDRICK: So was Pelican Isle before they 17 built. 18 MR. GRANT: But my (indiscernible) . 19 MR. HYDRICK: (Indiscernible) . I understand. 20 MR. GRANT: No, I'm trying -- 21 MR. HYDRICK: But up here, just the way I just 22 look at that slide right now, clearly, and the lady 23 previous to me was talking about the wetlands and 24 preserve in that 94 acres up there, and the way I 25 see that land right now, where the towers are going 9A PP 54 1 to be is existing PUD and that extends all the way 2 down to the south border. What -- why is that 3 different? Where does the conservative, you know, 4 the conservatory part of it end and the development 5 begin? It seems to me there's a lot more potential 6 of expanding the current PUD than there is of going 7 into an existing wetlands area. 8 MR. GRANT: Well, I guess I'm not really 9 completely sure I'm understanding what you're 10 saying. 11 If what you're saying is that there's a lot of 12 land in this PUD that is not being proposed for 13 development, you're absolutely correct. It's a 14 very small percentage of the overall land that is 15 being proposed for development and there's a good 16 reason for that because a good bit of it is very 17 sensitive, environmentally sensitive property and 18 probably could not be permitted, okay? 19 MR. HYDRICK: But why isn't it called out -- 20 please move back to the previous slide. 21 MR. GRANT: If you -- well, look at the -- 22 look at the -- yeah, there's the proposed master 23 plan, but it's not the entire master plan. 24 MR. HYDRICK: But nothing goes south of -- 25 MR. GRANT: Well, no, it does. The drawing 9A 55 1 that we put up there doesn't show it. We -- we can 2 show you in the actual -- put -- I think we have it 3 somewhere. 4 UNIDENTIFIED MALE VOICE: We do. I just -- 5 MR. GRANT: It has got a P on it. There's a P 6 on it. See the P? 7 All right. Look at the -- 8 MR. HYDRICK: Just please clarify for me what 9 that signifies and designates. 10 MR. GRANT: It designates it to be a preserve 11 area. Now, let me give you the correct answer, 12 which is that if you read the PUD document, both 13 the existing document as well as being proposed to 14 amend, it goes into some narrative description 15 about what things can and cannot be done in 16 preserve areas. 17 So the correct answer, to be honest, and I 18 don't mean to be flip about this, is you'd have to 19 read what the permitted uses are. It isn't being 20 changed. Whatever it is, whatever is to the future 21 is what's been there for 15 years. 22 MR. HYDRICK: Okay. Thank you. 23 MR. GRANT: Okay? 24 (Applause. ) 25 MR. GRANT: Yes, ma'am. 9A 56 1 MS. RUPNOW: I'm Diane Rupnow from Glen Eden 2 on the Lakes. 3 And I have in my hands some notes that I took 4 when I read an environmental impact study written 5 by Terrell Hall and Associates and this is the 6 study that went to the Planning Commission to help 7 them with their report and approval and everything, 8 and then the Planning Commission will send their 9 report on to the BCC to help them know how to vote. 10 I took some note while I read that report. 11 Quote, the entire site, the entire building site 12 has been designated as listed species habitat, that 13 means threatened and endangered, by the FWS for the 14 federally protected Eastern Indigo snake, woodstork 15 and bald eagle. 16 Another quote, this site is one of the last 17 remaining undeveloped parcels amidst the 18 surrounding development. 19 When that land on the west side of Vanderbilt 20 was clear-cut in the fall, those animals were 21 supposed to move to that new property 22 (indiscernible) up there behind Arbor Trace, but 23 some of them didn't get the message or some of them 24 didn't want to swim across Turtle Bay because -- or 25 they couldn't, because they moved into Glen Eden on 19A 57 1 the Lakes. 2 When I drove here from Nebraska and arrived on 3 December 27th, I had a black bear in the tree in my 4 front yard. We've never had black bears inside of 5 Glen Eden on the Lakes before. 6 We've had poisonous snakes. We have bobcats 7 walking down the middle of the street. We have a 8 lot of wildlife, a lot more wildlife than we had 9 before the west of Vanderbilt was clear-cut. 10 So the environmental impact study done by 11 Terrell Hall and Associates, and when they went in 12 there last summer and they tallied the animals, et 13 cetera, that's no longer accurate. And, yet, this 14 whole thing that you're talking to us about 15 tonight, it's already been approved. It was 16 approved December 18th and it was approved on 17 information, environmental information that is not 18 accurate. 19 And the people in Glen Eden on the Lakes would 20 like nothing more than that land to stay the way it 21 is because those animals deserve a place to live. 22 Where are they going to go if you go in and clear 23 that place to build 62 homes and pour concrete? I 24 know you're going to leave a large preserve in 25 there and I appreciate that. ' 9A 58 1 Mid December, we had a Florida panther right 2 across the lake from my house. Now, I know that 3 it's just a corridor, but a Florida panther is a 4 very endangered species and if they are using that 5 land adjacent to us as a corridor, as part of their 6 200 square mile territory, that land should be 7 protected as it should be for the gopher tortoise 8 and the woodstork and the Indigo snake and the bald 9 eagle and -- the black bear isn't endangered, you 10 know, it isn't endangered anymore, but there are 11 other animals there that are endangered or 12 threatened. Snowy egret, tri-colored heron, white 13 ibis, gopher frog, roseate spoonbill, woodstork. 14 These animals deserve a place to live. We just 15 keep putting them into a postage stamp area when 16 they're used to having a great big business size 17 envelope area, you know? They deserve a place to 18 live. Thank you. 19 (Applause. ) 20 MR. GRANT: Thank you. 21 Yes, sir. 22 MR. WILSON: My name is Dick Wilson. I'm 23 president of the Tower Point condominium in Arbor 24 Trace. 25 And I don't want bears in my trees and 9 A 59 1 poisonous snakes in my yard, but I don't want to be 2 redundant, but I want to say that I spoke at the 3 first informational meeting about the concerns that 4 I had. I didn't like the 280 dwelling units. I 5 didn't like the traffic that it was going to cause. 6 And when I got done talking, I asked the audience 7 if you agree with me, would you stand up and say 8 no. And I think almost the whole 700 people stood 9 up and said no, no, no. 10 The developer heard those nos and he went back 11 to the drawing board and I think he pushed the 12 restart button, because he came up with a program 13 that we're looking at today which I think is a good 14 program. 15 62 homes on that 175 acres is low density. 16 They're all going to be on approximately half acre 17 lots. These lots are going to face -- most of them 18 are going to face water on a pond or a small lake. 19 These lots will probably sell in the neighborhood 20 of a half a million dollars each. The homes built 21 there, I think they will be $2 million plus. That 22 only can affect positively the values of your 23 properties if you live in an adjacent neighborhood 24 to this project. 25 The other benefit that I see is this sidewalk 9A P 60 1 that they talked about. I think that's a big plus 2 to the neighborhood because we're not bicycle 3 friendly and if we can use that for walking and 4 bicycling and make that more safe, I think that 5 would be great. 6 In the last couple of days, there have been 7 some articles in the letters to the editor and some 8 folks here today talked about don't open the PUD. 9 And I put -- I thought about that a little bit and 10 I got to thinking, if that 175 acres stays as it is 11 today, what has happened there is that we've had 12 old tires thrown on that lot. We've had several 13 mattresses thrown there. We've had all sorts of 14 trash of all sorts. 15 Compare that with an upscale residential 16 community of 500 -- of 62 expensive homes, 17 beautifully landscaped, meticulously cared for. Do 18 you want to live next to a lot or do you want to 19 live next door to a beautiful, upscale 20 neighborhood. And I think if those 700 people were 21 here tonight, I think maybe I could get them to 22 stand up and say yes, yes, yes. Thank you. 23 UNIDENTIFIED FEMALE VOICE: No, no, no. 24 (Applause. ) 25 MR. GRANT: Other side, John. Yes, sir -- 1 9 61 1 yes, ma'am. 2 MS. BELEY: My name is Judy Beley (phonetic) . 3 I'm from Glen Eden on the Lakes. And I think 4 you'll recognize that there are a lot of us here 5 from Glen Eden. We have the burden of what you're 6 going to do on the east side. So I have a couple 7 of points that I'd like to make. 8 I would like to raise a question because I 9 don't think most of us are aware of the fact that 10 there are several definitions for perpetuity. One 11 is the legal definition and perhaps you might like 12 to address what the legal definition is. It is not 13 our understanding of perpetuity. And then I'd like 14 to raise a couple of issue with you. 15 Would you define perpetuity? 16 MR. GRANT: Ma'am, perpetuity, I think, is 17 forever. And I don't mean to be disrespectful, but 18 I have to tell you there are very few things in the 19 law that are perpetual. 20 The Constitution of the United States was 21 written over 200 years ago. It's been amended, 22 what, 28, 29, 30 times. Very difficult, but it 23 does get amended. 24 And I can't answer your philosophical question 25 other than to say that when laws are passed and 1 9A 62 1 ordinances are enacted, they can be changed, and 2 that doesn't mean that they will be. It doesn't 3 mean that the political will is existing to change 4 it. 5 MS. BELEY: Well, perpetuity, if you -- if you 6 will Google it, you will find out that, legally, it 7 is not a forever definition, and that's one of the 8 problems that we're having, because I think a lot 9 of us, when that PUD got settled in 2008, 10 understood that to be long term, and it's not 11 necessarily long term, and so I think we need to be 12 aware of -- but six years certainly does not 13 constitute perpetuity in any definition. 14 MR. GRANT: Yeah. You know, I may be wrong, 15 because I haven't read the settlement agreement in 16 a few days or weeks, but I don't believe it uses 17 the word "perpetuity. " 18 UNIDENTIFIED FEMALE VOICE: No, it does. 19 UNIDENTIFIED FEMALE VOICE: It certainly does. 20 UNIDENTIFIED FEMALE VOICE: It does. It does. 21 MS. BELEY: All right. My -- 22 MR. GRANT: It also makes it very clear it can 23 be amended. 24 MS. BELEY: Yes, but six years is not 25 perpetuity. That's (indiscernible) . } 9A 63 1 MR. GRANT: Well, and with due respect, that 2 is a decision the Board of County Commission is 3 going to have to make, because it's being asked to 4 approve an amendment. 5 MS. BELEY: Right. I'm having difficulty with 6 a couple of things, and please feel free to correct 7 me if I'm wrong, but I believe that the housing 8 units on the west side went from 590 to 652, which 9 certainly sounds like you got an increase of 62 10 houses on the west side. So I -- 11 MR. GRANT: No, but -- go ahead. I'm sorry. 12 MS. BELEY: So I find it rather difficult that 13 you also want 62 on the east side. 14 MR. GRANT: No, that's -- you're incorrect. 15 Could I explain? 16 MS. BELEY: Sure. 17 MR. GRANT: The current zoning permits 590 18 residential housing units, all on the west side. 19 It's been that way since the year 2000. 20 The proposal is to allow 62 single family lots 21 on the east side. That's on top of 590 on the west 22 side, the total being 652. It's not 652 on the 23 west side and then another 62 on the east side. It 24 is a total of 652. 25 MS. BELEY: Okay. And how many floors -- how f 9A 64 1 many stories are the buildings on the west side to 2 be? 3 MR. GRANT: It's whatever they have been. I 4 think they're about 20 stories, 20 stories. 5 MS. BELEY: Well, your ad in the paper says 22 6 or 23 stories. So somebody might want to go back 7 and just back check that. 8 MR. GRANT: Well, it's 20 stories over 9 parking, okay? 20 living stories. 10 MS. BELEY: But that's -- that's not 20 11 stories tall. That's 23 stories tall. 12 MR. GRANT: It's -- I assure you the ordinance 13 permits 20 living stories over parking, okay? All 14 right. 15 MS. BELEY: I'm more than happy to check that. 16 MR. GRANT: Yeah. 17 MS. BELEY: But the other issue besides the 18 one that everybody has talked about 19 environmentally, and we are very concerned about 20 that, is the traffic situation. 21 In the summertime, which is when they did 22 their traffic study, our population decreases 23 tremendously. 24 MR. GRANT: Right. 25 MS. BELEY: In the wintertime, we have times 9A . 65 1 that we can't get out of our driveway to make a 2 left turn onto Vanderbilt Drive. We have approved 3 widened bike lanes because there are people that 4 want to be able to bike down Vanderbilt to get to 5 Fort Myers Beach. 6 We are a tragedy waiting to happen. Between 7 Arbor Trace and Bentley Village and some of our 8 other developments that have senior people living 9 in them, we're going to have a terrible accident. 10 When this was originally talked about, one of 11 the provisions that was discussed was that you all 12 would go up someplace on 41, out through the 13 shopping center or whatever. Now, this is going to 14 spill out to our area and I have to tell you, sir, 15 we can't handle any more than we've got now. 16 Vanderbilt Drive cannot be widened to four 17 lanes. Our places are built too close to the 18 street. I think that's an issue that really needs 19 to be looked at very carefully. Thank you. 20 MR. GRANT: Thank you. 21 (Applause. ) 22 MR. GRANT: Yes, sir. 23 MR. GLEASON: Hi. John Gleason (phonetic) . 24 I've lived in North Naples, southwest Florida for 25 28 years. 1 9A 66 1 And as I was listening, it occurred to me that 2 just about every place that each of us live, work, 3 play, drive, was something else at one time, and so 4 it required a rezoning, a comp plan, a new plan, a 5 new site development plan. 6 So the change is what has made Naples great in 7 my opinion, in my 28 years here. Maybe some of you 8 are here longer. 9 And I've seen the changes from the '08 plan 10 and then the one from the St. John the Evangelist 11 Church plan, and I thought that the development 12 team was pretty accommodating. The buffers are 13 nice. The sidewalk connections up towards 41, 14 they're great. It's a very low dense community. 15 I think it looks like a great place to live 16 and I'd like to live there. Thank you. 17 (Applause. ) 18 MR. GRANT: Thank you. Yes, ma'am. 19 MS. HILLMAN: My name is Sharon Hillman 20 (phonetic) , and I, unlike most people here, do not 21 live adjacent to the property. I live on Golf 22 Shore Drive and my concerns here, and I think they 23 do extend to my neighbors, it's just not as aware 24 to those who live on Golf Shore Drive and some of 25 the adjacent communities, the impact of this is -- 4 A 67 1 was initially traffic. 2 So I would ask and reiterate that concern 3 about was the traffic study done at the right time 4 of the year, especially as we have heard the 5 governor -- the mayor speak about how traffic was 6 up 20 percent last year from the year before and it 7 was up another 25 percent this year. So, you know, 8 that is a real concern as a person who takes 9 Vanderbilt Drive very frequently both for 10 recreational purposes, but also to avoid the 11 traffic on Immokalee, which cannot be widened, that 12 part of the trip, and to try to avoid -- you know, 13 we have a school and we have a church on Immokalee, 14 and so many people who live in the neighborhood 15 take Vanderbilt Drive to avoid what is there 16 already a treacherous traffic situation, especially 17 since the Walmart has gone in. 18 The second thing I'd like to emphasize, and I 19 am not an environmental expert, but I live in Golf 20 Shore Drive, and I have seen and I have had 21 neighbors see, we don't know exactly what they are, 22 but we have very large cats. They're not cats. 23 They are something that are now walking down the 24 street. They're walking down on the canal side 25 across the front of the buildings, especially in ► 9A 68 1 the evening right after sunset. 2 So we clearly have something where, with the 3 clearing -- and we never had that. I've been in my 4 unit for five years, prior to this, you know, fall, 5 after we came back and saw the, you know, clearing. 6 So those are two issues that I think do need 7 to be addressed and don't just affect the residents 8 that live adjacent to the development. 9 MR. GRANT: Okay. Thank you. 10 I'm going to let Norman Trebilcock, who is a 11 professional engineer and a traffic expert, who has 12 done the study, at least address your question 13 about whether the study was done at the right time 14 of the year. 15 MR. TREBILCOCK: Thank you. For the record, 16 my name is Norm Trebilcock, and I prepared the 17 traffic study for the project. 18 And all -- the study was developed at an 19 off-season period, what it is, is the data that we 20 use is data provided by the county, where they use 21 a peak season data for the area, so -- and then we 22 use the trip generation data that gets created. So 23 we're looking at the highest, highest level. We're 24 not looking at off season or anything like that. 25 We have to look at a peak season, peak direction, 1 9A 69 1 the latest data. And the county provides that. 2 The county does traffic counts and develops, and 3 they keep an inventory of where they are 4 capacity-wise on the road systems. 5 So we have to project onto what they have and 6 they agreed to the rates of traffic as such. So 7 even though the study was prepared, say, in August 8 or July, all the data that we're using is peak 9 season data. 10 MR. GRANT: Okay? Did you have a follow-up? 11 UNIDENTIFIED FEMALE VOICE: Not to that. 12 MR. ARNOLD: Yes, sir. 13 MR. FITZPATRICK: Hi. Good evening. I'm Phil 14 Fitzpatrick from Tarpon Cove. 15 My question is sort of a two-part question, 16 really. First question would be to the developers, 17 would be when do you -- what dates or what year and 18 date do you intend to break ground on this 19 development, on the east side of Vanderbilt Drive. 20 MR. GRANT: I think he can answer that, yeah. 21 MR. CORACE: First of all, I have to get the 22 zoning, okay? That's number one. 23 Number two is a process that you go through 24 South Florida Water Management and a number of 25 governmental agencies to get all of this done and 19A 70 1 planned, so at best case, it could be 12 months 2 from now. At worst case, probably 18 months from 3 now. And that would be my best guess. 4 MR. FITZPATRICK: Okay. So we're looking -- 5 where are we now? February 2015. So we're looking 6 18 months from right now. 7 MR. CORACE: Basically. 8 MR. FITZPATRICK: Best case. 9 MR. CORACE: Best case. 10 MR. FITZPATRICK: Okay. As I understood it, 11 the rules of the PUD basically saying that you 12 could go back and reapply at any particular time. 13 Now, my ignorance was that I -- basically, 14 what we approved in our community, in Tarpon Cove, 15 was this is -- this is the best deal we can get. 16 Well, yes, I accept that this is a deal based 17 upon no other alternative, but it would seem to me 18 that if we aren't going to break ground for another 19 18 months, economic situations change, your 20 business changes, whatever, whatever, you can go 21 back and make another change here, good or bad; is 22 that true? 23 MR. CORACE: Well, I've indicated in this 24 forum, and I think I addressed the individual that 25 was over there, who asked the exact same question, 9A 71 1 and that is that there are provisions that can be 2 placed in the PUD that would make it virtually 3 impossible to change the zoning of this parcel by 4 deed restrictions. There are other mechanisms in 5 place that can give you the assurances that we're 6 not about to change it. 7 MR. FITZPATRICK: Okay. There's another 8 meeting in a month. From my general sort of 9 anecdotal information, I am told that this is 10 considered, by the people that are day to day and 11 paid to look at these developments, that this is a 12 done deal. 13 Now, given the fact that -- even if you get 14 the zoning here, you've still got another 18 months 15 best case or worst case, in fact, that this could 16 be changed again. 17 So my question would be is how would you make 18 the assurances that you've just described, embody 19 those in the agreement? 20 MR. CORACE: I think that I rely upon the 21 county attorney and the County Commissioners to put 22 in their motion specific safeguards to that effect. 23 MR. FITZPATRICK: Okay. Do the residents of 24 the, you know, the interested parties here, do we 25 get to see that before they -- t 9A 72 1 MR. CORACE: It will be -- 2 UNIDENTIFIED MALE VOICE: It's all done in 3 public. 4 MR. CORACE: Yeah, it's all done in a public 5 forum. And so I think that when the County 6 Commissioners take a look at this, they can 7 specifically put in provisions that eliminate the 8 ability to change it. 9 MR. FITZPATRICK: Okay. So -- because we 10 learned tonight that perpetuity has various 11 different definitions, but at least if we can put 12 something that I think the group is comfortable and 13 the group -- the interested parties that aren't 14 here, I think they would feel more positive towards 15 this. Thank you. 16 MR. CORACE: We can accomplish that. 17 MR. FITZPATRICK: Thank you. 18 (Applause. ) 19 MR. GRANT: Yes, ma'am. 20 UNIDENTIFIED FEMALE VOICE: On a different -- 21 well, first, I'm very interested, he asked my 22 question, as to when you were going to start. 23 And my husband and I have been pretty happy 24 with the 62 homes. We're a little disappointed 25 tonight because we realize we're going to have ► 9A 73 1 peekaboo with these homes up on our -- because you 2 -- we have preserve, but it's open preserve, and 3 half the year the cypress trees lose their needles. 4 So anyone who has cypress trees out there, we will 5 see your development, but we do have 500 feet. 6 Can't complain. That's more than most people in 7 the city have. 8 We were kind of hoping we would get an 9 additional, but what is the width of it up on that 10 northwest corner, just for informational purposes? 11 MR. GRANT: Are you talking about on the east 12 side? 13 UNIDENTIFIED FEMALE VOICE: Yeah, on the east 14 side. 15 MR. GRANT: The buffer on the north? 16 UNIDENTIFIED FEMALE VOICE: And the northwest 17 corner. It narrows there, and we're just wondering 18 how narrow does that get? 19 MR. GRANT: Well, I'm going to let Wayne 20 answer it, but I believe it's intended to create a 21 buffer of at least 100 feet for anything to the 22 north that has housing. 23 UNIDENTIFIED FEMALE VOICE: Well, we're not to 24 the north. We're over in Tarpon Cove. 25 MR. GRANT: Oh, you're in Tarpon Cove? 9A 74 1 UNIDENTIFIED FEMALE VOICE: Yeah, we're right 2 there. 3 MR. GRANT: Well, I have -- okay. Wayne 4 Arnold can tell you how wide that is, but that 5 narrower part, as was explained earlier, the part 6 of Tarpon Cove to the east of that is, itself, a 7 preserve. 8 UNIDENTIFIED FEMALE VOICE: I know it has 9 preserve, but -- 10 MR. GRANT: Your question is what's the total 11 distance? 12 UNIDENTIFIED FEMALE VOICE: Well, we know what 13 the distance is on our side. 14 MR. GRANT: Okay. 15 UNIDENTIFIED FEMALE VOICE: But the folks up 16 there have a predominance of open marshland and 17 cypress trees. We drop our needles. 18 MR. GRANT: Okay. 19 UNIDENTIFIED FEMALE VOICE: So we will see 20 you. 21 MR. GRANT: Okay. 22 UNIDENTIFIED FEMALE VOICE: But that is fine. 23 That is fine. 24 We were also told there's going to be a berm 25 along that border, and we're just wondering how 9A 75 1 tall the -- 2 MR. GRANT: Is there a berm there? 3 (Indiscernible) is there a berm there? 4 MR. CORACE: I can answer that question. 5 Firstly, where you -- where you're talking 6 about, which is -- and there's some cypress trees 7 in that corner of the preserve that is on your 8 property. 9 UNIDENTIFIED FEMALE VOICE: Yeah, we look at 10 that, so we know exactly what you're talking about. 11 MR. CORACE: As much as you don't want to see 12 us -- 13 UNIDENTIFIED FEMALE VOICE: You don't want to 14 see me? 15 MR. CORACE: -- we don't want to see you 16 either. Okay? 17 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 18 MR. CORACE: I'm just saying as much -- and no 19 disrespect. I'm just saying that our objectives 20 are that we don't particularly want to see you guys 21 either, okay? 22 UNIDENTIFIED FEMALE VOICE: Great. So 23 (indiscernible) . 24 MR. CORACE: So I don't know if a berm is the 25 answer because berm requires clearing. 1 9A 76 1 UNIDENTIFIED FEMALE VOICE: Right. 2 UNIDENTIFIED FEMALE VOICE: Yeah. 3 MR. CORACE: And there's some native 4 vegetation in there that we know has to go. 5 UNIDENTIFIED FEMALE VOICE: Yeah. 6 MR. CORACE: But I can promise you that we're 7 going to do everything humanly possible -- 8 UNIDENTIFIED FEMALE VOICE: To 9 (indiscernible) . 10 MR. CORACE: -- to make sure that you don't 11 see me and I don't see you. 12 UNIDENTIFIED FEMALE VOICE: Thank you. I 13 appreciate that. 14 Now -- okay. I guess the other question -- 15 the first home, you think, will go in, you said, in 16 18 months, perhaps. 17 MR. CORACE: Well, again, that's an estimate. 18 I have to go through all of the agencies, do all of 19 that work. So -- 20 UNIDENTIFIED FEMALE VOICE: Now, just one 21 other quick question. 22 MR. CORACE: Yeah. 23 UNIDENTIFIED FEMALE VOICE: That request for 24 deeded -- 25 MR. CORACE: Yes. 9A 77 1 UNIDENTIFIED FEMALE VOICE: -- information, as 2 you said, the commissioners can do to solidify this 3 and improve the trust -- the thrust of what you're 4 supposed to have. 5 MR. CORACE: Correct. 6 UNIDENTIFIED FEMALE VOICE: The trust part of 7 this -- 8 MR. CORACE: Yes. 9 UNIDENTIFIED FEMALE VOICE: -- is what I 'm 10 struggling with. 11 MR. CORACE: I got one of those over there 12 (indiscernible) . 13 UNIDENTIFIED FEMALE VOICE: And so, anyway, do 14 the residents have to request the commissioners and 15 the planners to do this or are you going to do 16 this? 17 MR. CORACE: We are going to recommend -- I 18 don't know exactly how we have to do that. It may 19 very well be that the County Commissioners, hearing 20 this discussion, will take the necessary steps to 21 do what they think is appropriate to protect you. 22 I really don't know whether we're going to do it or 23 whether they're going to do it. 24 UNIDENTIFIED FEMALE VOICE: Or would it help 25 if we politely sent letters requesting that they 9A 78 1 really give serious consideration to improve the 2 trust and the -- help people feel better? 3 MR. CORACE: Yes, we can work that out. I 4 don't know if -- I don't know if the letters are 5 necessary, but if you would like to do that, please 6 feel free to do it. 7 UNIDENTIFIED FEMALE VOICE: Okay. 8 MR. CORACE: But we hear you. We understand 9 that, and we can create some type of a mechanism 10 with the support of the commissioners to alleviate 11 your concerns, all of your concerns. 12 UNIDENTIFIED FEMALE VOICE: Thank you. 13 MR. GRANT: Yes, sir. 14 UNIDENTIFIED MALE VOICE: I have a couple of 15 questions, and as long as you're standing 16 (indiscernible) . 17 MR. GRANT: Could you state your name, sir. 18 UNIDENTIFIED MALE VOICE: Sure. 19 MR. GRANT: Sir, could you state your name? 20 MR. BERGUE: Ron Bergue (phonetic) of Cove 21 Towers. 22 That parcel P, I would like to get back to 23 that. 24 UNIDENTIFIED MALE VOICE: Parcel P. 25 MR. BERGUE: P, that lower left. 9A 79 1 Now, that parcel actually starts at the 2 dunes -- 3 UNIDENTIFIED MALE VOICE: Correct. 4 MR. BERGUE: -- and runs north all the way up 5 on the ocean side of Vanderbilt. And what's the 6 intention, if any, for that -- 7 MR. CORACE: Okay. That has been asked and 8 answered but I will -- 9 MR. BERGUE: Well (indiscernible) was the 10 answer. That's why I'm up here. 11 MR. CORACE: The reason you see the sign 12 giving notice of this rezoning is because our 13 property line extends down there. 14 MR. BERGUE: Yes. 15 MR. CORACE: So that's the reason that sign is 16 there. It does not necessarily have anything to do 17 with what can and cannot be put there. 18 That is preserve. That is mangrove. I don't 19 think that there's any way that anybody could ever 20 develop that property. 21 MR. BERGUE: Well, that's split into two lots. 22 MR. GRANT: What's split into two lots? 23 MR. BERGUE: That parcel P is split into two 24 lots, lot 1 and lot 2. It's -- the legal 25 description is 20 and 25, and that's up in front of 9A 80 1 the Commission. 2 MR. CORACE: But that only means that -- we 3 bought the property in various stages. We bought 4 all of this property, including the dunes, from the 5 same people. 6 MR. BERGUE: So that absolutely can never be 7 developed? 8 MR. CORACE: If it could have been, we would 9 have done it. 10 MR. BERGUE: I believe that. 11 MR. CORACE: I mean, that may not be a good 12 answer, but that is the answer. 13 MR. BERGUE: Thank you. 14 MR. CORACE: Okay? 15 MS. DENNISON: I'm Betty Dennison (phonetic) . 16 I've been a resident of Wiggins Lake and Preserve 17 for 24 years, seasonal. 18 MR. CORACE: You don't look that old. 19 MS. DENNISON: Okay. I have two questions, and 20 as I understand it, you're going to have 652 21 dwellings. We've got Aqua, which will have 22 approximately 100. So we got 752 dwellings. 23 Assuming they only have one car each, which is not 24 reasonable, how in the world are they going to 25 egress your new subdivision and not have the 41 9A 81 1 extension that they can egress on 41? 2 MR. CORACE: Well, the only thing I can tell 3 you is that the county has done their traffic 4 analysis. 5 MS. DENNISON: I know they (indiscernible) . 6 MR. CORACE: Some may be suspect as to what 7 the county does or doesn't do, but I believe that 8 the capacity on that road is at -- it's at a level 9 that is acceptable to the county. 10 I realize that there are occasions where you 11 come out of there and you have to wait, and I 12 understand all that. But that really has nothing 13 to do with me. Okay? It really doesn't. 14 I think, quite frankly, that what I would 15 encourage our Commissioners to do, there's the 16 Greenway that you've all probably seen that has 17 been designed. And I don't know where that stands 18 in the construction process, in other words, they 19 have all of these county-wide programs, where it 20 stands, but I drive that road every day going from 21 my home to my sales center. 22 MS. DENNISON: Me, too. 23 MR. CORACE: And the real traffic issue, in my 24 opinion, is the bikers going up that road, and the 25 ability to -- I mean, it's, on many occasions, you 9A 82 1 have to stop to allow them to do what they do. I 2 think a priority for that community.up there, of 3 which we can help, is to make that entire area, the 4 sidewalk, ten feet wide. And put all of the bikes 5 and all of the pedestrian traffic on what would be 6 the west side of that road. 7 MS. DENNISON: Okay. 8 MR. CORACE: That would be a big help to 9 everybody and that's something that we -- we can 10 help with. 11 MS. DENNISON: And my other question is I was 12 hoping that the egress from your property onto 13 Wiggins Pass would include a traffic light and that 14 it would coincide with Golf Harbor. 15 MR. CORACE: Traffic lights are a magical 16 thing. 17 MS. DENNISON: Yeah, I know. 18 MR. CORACE: That only the government allows. 19 If I ask to have a traffic light there, they would 20 deny me. And the theory is, is that where the 21 traffic light is at Wiggins versus where my 22 entrance is, which is about, in round numbers, 23 about 500 feet north of that, that distance between 24 those two is verboten for them. 25 MS. DENNISON: Oh. 9A 83 1 MR. CORACE: Okay? So that's -- 2 unfortunately, to do a traffic light, it's a minor 3 expense in the overall scope of things, so it's not 4 a question of us not wanting to have a light there. 5 We couldn't get one there. 6 MS. DENNISON: Okay. I only have one other 7 issue. 8 MR. CORACE: Sure. 9 MS. DENNISON: As I said, I'm from Wiggins 10 Lake and Preserve. People with whom I have 11 relationships with, they did not get the letter. 12 They did not know what I was talking about. 13 MR. CORACE: The letter? 14 UNIDENTIFIED MALE VOICE: From Grady. 15 MR. CORACE: Oh. 16 UNIDENTIFIED MALE VOICE: So I didn't know 17 where they got their mailing list. 18 MR. CORACE: We got it from Collier County and 19 there's a requirement that we have to -- they give 20 us the list. We send out the notice. So all I can 21 tell you is that we did the best we could. Okay? 22 MR. GRANT: Yes, sir? 23 MR. CORACE: Doug. 24 MR. FEE: Mr. Corace, how are you? 25 MR. CORACE: Very good. 9A 84 1 MR. FEE: My name is Doug Fee. I live in the 2 neighborhood. And I'd like to start off first with 3 the comment you made that we don't want to see you 4 or as much as you don't want to see us, we don't 5 want to see you. 6 MR. CORACE: Particularly you, Doug. 7 MR. FEE: Exactly, exactly. 8 Well, if you'd build a bigger berm on 9 Vanderbilt Drive, that has much more landscaping 10 and a higher berm, then we would have what I 11 believe the PUD ordinance specifies, which is build 12 features that impede the view of the buildings. 13 I wrote a letter to the county asking for the 14 developer to do something further. Now, I realize 15 it's in construction, so you have the ability for 16 the plantings to grow, but I ask you for the gift 17 to the neighborhood of doing something to impede 18 the view because -- I'm not against high rises. I 19 live next door to a Cove Tower. I mean, my door is 20 right there. I don't really notice them because of 21 the landscaping. 22 So, if you would, please, you are the 23 developer, and I'd appreciate something done on 24 that. 25 MR. CORACE: Let me address that. 9A 85 1 MR. FEE: Okay. 2 MR. CORACE: Okay. First of all, there is a 3 permit set, which I think you're aware of, that 4 requires the landscaping that is the minimal 5 landscaping, to make sure that you have all exotics 6 in there -- or not in there, I'm sorry, all of the 7 native species have to be in there, and there's a 8 criteria for that. 9 MR. FEE: Uh-huh. 10 MR. CORACE: You see that big mound of dirt 11 sitting over there? 12 MR. FEE: Uh-huh. 13 MR. CORACE: That big mound of dirt, a portion 14 of that is going to extend that berm so that the 15 top of that term will be exactly equal to the 16 elevation of that road. 17 MR. FEE: Okay. 18 MR. CORACE: Okay. Then we plant from there. 19 In addition, having the county's blessing, we 20 can also plant the slope that goes from the base of 21 our berm, where the underpass is, all the way up 22 that side of the berm which further eliminates -- 23 we don't want to see the traffic, okay? We don't 24 want cars speeding by either. 25 MR. FEE: Okay. 9A 86 1 MR. CORACE: So it will be, I won't say to 2 your liking, Doug, but it will certainly be to 3 everybody else's liking. 4 MR. FEE: I appreciate that. I really do 5 appreciate that. 6 (Laughter. ) 7 MR. FEE: What I'd like to say here is that I 8 moved to the neighborhood in 1998. So, of course, 9 I've been involved since the very beginning. I 10 approve of the project. I can't wait for it to be 11 in the middle of our neighborhood, and I have 12 stated that many times in public forum. 13 However, there was a settlement and for the 14 settlement, we, the neighborhood, went through 15 negotiations through our County Commissioners. 16 There were many discussions. You know that. We 17 all know that. 18 And we accepted what was agreed to. And it's 19 a settlement agreement. That's where the public 20 trust comes in, because here we are, five years 21 later, seven years later, and you want to change 22 the agreement, and maybe the county does as well, 23 but we, the neighborhood, went through that process 24 with our elected officials. 25 So there is definitely a public trust issue. 9A 87 1 Do we trust you? Do we trust our Commissioners? I 2 think the answer is we don't trust either one of 3 you, and that's the tough part. 4 So going back to Mr. Kressi, who says this may 5 be a better deal, 62 homes. How can you assure the 6 neighborhood that we're not in a broken record 7 again and you come back five years from now, undo 8 the deal and want to go to higher densities on that 9 parcel? 10 It seems to me, I'm not the developer, but 11 you've cleared for the five towers. There may be a 12 period of time that you're developing. Are you 13 going to come back five years from now and ask for 14 more density? 15 MR. CORACE: First of all, Doug, I'm 67 years 16 old. 17 MR. FEE: Are you (indiscernible) . 18 MR. CORACE: You talk about perpetuity, there 19 is a certain issue here, okay? That's number one. 20 MR. FEE: Okay. 21 MR. CORACE: Number two, as I stated earlier, 22 we will do whatever the County Commissioners can do 23 and we can do to assure you that there will be no 24 requests on that to change that 62 lots. 25 Now, I don't know the mechanism of it. You 3 9A 88 1 will have an opportunity to review what our draft 2 will be as to how we think we can accommodate that 3 and make that work. And we may get suggestions 4 from you that there's some other thing we can do, 5 but we're going to figure out a way to give you the 6 assurances that you need, okay? And it will be the 7 deed restrictions on the lots, it could be a 8 variety of other mechanisms. 9 MR. FEE: Okay. That leads me to -- 10 MR. CORACE: So then I have your approval, 11 then; is that correct? 12 MR. FEE: Well, there's a gentleman here who 13 said, in March, there was 700 people and they heard 14 that message, and here we are, almost a year later. 15 The people are represented here even if 16 they're not in this room. We, the neighborhood, 17 have done a good job in the efforts that we have 18 made to collect the signatures of people in the 19 neighborhood, e-mail addresses of 700 people plus, 20 petition signatures of probably five to 700. Some 21 may be duplicates. 22 MR. CORACE: Uh-huh. 23 MR. FEE: We'll admit to that. 24 MR. CORACE: But some are from Bosnia. 25 MR. FEE: They could be. They could be. But 9A 89 1 I think the majority, the vast majority of the 2 people that signed live in the general area. They 3 know what the issues are. 4 What I'm pointing out is we are representing 5 here and we, the signatures of this petition, and 6 they've been handed in to the county, and we feel 7 like the deal was done, there's no need right now 8 to open it up, okay, and so that's where I stand. 9 But I look forward to the project. I'm not 10 against the project. I feel like it's a broken 11 record and I've said that to you before, this is 12 not the first time, it's not the second time, it's 13 not the third time, will there be a fourth. And 14 that's where I think the people in the neighborhood 15 are just saying wait a minute here, why are we even 16 discussing this. There's a settlement agreement. 17 I know I'm making statements an not asking 18 questions, but I appreciate your time and I 19 appreciate everybody who came out this evening. I 20 know there's a great deal of interest in the 21 neighborhood. I'm sure that, on the 24th of March, 22 there will be plenty of discussion, debate. I hope 23 that you will not move it further, because many of 24 our residents will go home after that date, first 25 of April, middle of April. I hope you wouldn't j 9A 90 1 move that meeting if you intend to have that 2 meeting. If you do move it and you need to move 3 it, move it to the fall, move it to the winter, 4 whatever you have to do. Give the people the 5 opportunity to be there. 6 And I appreciate everybody's time. Thank you. 7 (Applause. ) 8 MR. CORACE: What was your question? Yes? 9 MS. BONAQUIST: Yes. Christine Bonaquist, 10 Wiggins Bay. And I am new to the area. This is 11 all new to me. It's fascinating to find the 12 history behind this. 13 As far as I can see, the 62 home site plan, to 14 me, looks better than a golf course. Because it 15 looks like it's less invasive as far as keeping 16 things as natural as possible. 17 However, I've walked Vanderbilt Drive and the 18 clear-cutting that was done for the high rises is 19 disturbing. I went by and looked at the eagle's 20 nest that's right on your property, and I'm 21 thinking, well, how the heck is this thing even 22 finding food for its young and whatnot. So the 23 whole clear-cutting, I mean, it looks like a 24 nuclear blast. I mean, I don't know. I've never 25 seen -- I mean, it looks like -- my husband always 9A 91 1 says a bulldozer in a sandbox moving things around 2 because there's nothing left. 3 So it could be disturbing if you do the 62 4 home sites if you're -- if you're not diligent 5 about the construction part of it. It would be an 6 absolute disaster, but what I'm getting tonight and 7 I don't know, I wasn't here at the last meeting, 8 but there seems to be a real issue with trust 9 because, as your attorney had quoted, and I 10 understand this with zoning, it changes because 11 things change, life changes, you know, the world 12 changes. 13 But if you're serious about the proposed 94 14 acres in the southern part that is a preserve at 15 this point in time, but as we all know, things do 16 change, would you consider donating that land to a 17 conservancy, get it off of our tax base? 18 (Applause. ) 19 MR. CORACE: That's a very interesting 20 question, and it's one that I don't see any -- we 21 are required to -- or the homeowner's association 22 is required to maintain that area. We don't know 23 what maintaining those areas are. We know that 24 it's cleaning up junk and stuff like that. 25 The question as to whether there could be 9A 92 1 another entity outside of us to do that is a very 2 good question, and quite frankly, I wish I didn't 3 have it, okay? 4 MS. BONAQUIST: Well, it would seem, for the 5 people in the room that are concerned with the loss 6 of green space, if we can be assured that it's out 7 of your hands, not that we don't trust you or not, 8 but that it could get out of your hands, and we 9 don't have to be back here in five years having 10 this type of meeting again. 11 You know, whether it's to the county or to a 12 conservancy or, you know, whoever would handle it. 13 MR. CORACE: The question is who would accept 14 it? That's the issue. 15 UNIDENTIFIED FEMALE VOICE: The county or the 16 state or Audubon. 17 UNIDENTIFIED MALE VOICE: The Audubon Society. 18 MR. CORACE: Be very careful when you -- and 19 if you're right, if you're right, we certainly 20 would have -- I would be encouraged to do that. It 21 is of no value to me. 22 (Applause. ) 23 MS. BONAQUIST: Right. And I think that would 24 make the property owners feel better and just, you 25 know, all residents of Collier County that -- 9A 93 1 because it is starting to look -- I mean, tract 2 upon tract upon tract upon tract of housing and 3 housing and housing, which, you know, A, if there's 4 going to be a downturn in the economy, you know, 5 we're going to have a lot of empty homes. B, the 6 traffic is a nuisance already. And C, we're losing 7 the green space, which people who have come down 8 here however many years ago, that was part of the 9 draw. 10 So anyways, I just would encourage you to look 11 into that or (indiscernible) look into that. 12 (Applause. ) 13 MR. CORACE: It is a very good question, 14 really. And it's one that I'll sic the legal 15 beagles on and see if there is a way that that can 16 be done. 17 MS. BONAQUIST: Okay. Sounds good. Hold you 18 to it. 19 MR. CORACE: Yeah. I said I'll try. What if 20 nobody wants -- 21 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 22 MR. CORACE: Okay. 23 UNIDENTIFIED FEMALE VOICE: All right. 24 MR. CORACE: You promise? 25 UNIDENTIFIED FEMALE VOICE: I promise. 9A 94 1 MR. CORACE: Okay. 2 MR. GRANT: Do we have any more questions or 3 comments? 4 MR. BARRIS: Yes. My name is Alex Barris 5 (phonetic) and currently I reside at Marina Bay 6 Club. 7 First of all, we're individuals here. You 8 guys up there represent a corporation. And you're 9 spokesmen for the corporation. Everybody is on the 10 payroll of the corporation. And the corporation is 11 really not to be blamed for anything that you say. 12 It's a corporation. 13 I think that we, as individuals, all have 14 points of view. We notice the mistakes that you've 15 made. Not outright lies, but, you know, things 16 have changed. 17 Perpetuity, I can't understand perpetuity. 18 Perpetuity of paragraph eight, was it? I'm not 19 familiar with the whole thing. Paragraph eight 20 indicated the golf course or a certain parcel is to 21 be open space in perpetuity. 22 Now that golf course has changed. That 94 23 acres, it seems to be separated from the rest of 24 the parcel that has Ps on it. 25 MR. GRANT: It's not part of the PUD. 9A 95 1 MR. BARRIS: Because you know it's wetland. 2 MR. GRANT: It's not part of the PUD. We're 3 proposing to add it. 4 MR. BARRIS: It's not part of the PUD? 5 MR. GRANT: The 94 acres is not currently part 6 of the zoned PUD. We're proposing to add it. 7 MR. BARRIS: I see. So what's going to happen 8 with that property? 9 MR. GRANT: Well, I think we've answered it 10 before. It's preserve (indiscernible) . 11 MR. BARRIS: It's wetland. 12 MR. GRANT: It's preserve. It's preserve, 13 right. 14 MR. BARRIS: How about the rest of the 15 property down below? 16 MR. GRANT: We've answered all these 17 questions. It's preserve property. 18 MR. BARRIS: Okay. 19 MR. GRANT: Mr. Corace indicated a few minutes 20 ago he'd be willing to consider conveying it to 21 somebody, creating conservation easements. He's 22 willing to consider further restrictions. I mean, 23 it's to be preserved. 24 MR. BARRIS: Currently, we know that. We've 25 been told that. We've been told that eight years 9A 96 1 ago or nine years ago. 2 MR. GRANT: You're not changing. Nothing is 3 changing. We're not changing that. 4 MR. BARRIS: And if I may just -- I don't want 5 to pursue this any more, because I know it's 6 repetitive, but I would suggest that these 7 individuals here, all of us that are concerned 8 about property that we purchased some time ago and 9 we have a view and we're concerned that the view 10 may be obstructed like Venetian Bay. You're 11 familiar with Venetian Bay, the high density 12 towers. 13 And we're promised by you guys that there will 14 be no towers on the lower part of the -- of that 15 parcel that you own -- the corporation owns, 16 correct? 17 MR. GRANT: Yes. 18 MR. BARRIS: And I'm just suggesting to all 19 these folks that are -- that did their notes and 20 they came in with things, things that happened 21 eight years ago, which means they followed it for 22 eight or ten years, I'm suggesting that they get 23 organized, just like you, get our association to be 24 organized, put people on our payroll to buck you 25 guys. 9A 97 1 You guys have the money. It's the dollar sign 2 that's against every one of us here. You're 3 telling us things that can change in eight years 4 because the word -- 5 MR. CORACE: Sir. 6 MR. BARRIS: -- perpetuity changes? I suggest 7 we do something about that. 8 MR. CORACE: Well, I think it's your 9 prerogative. 10 MR. BARRIS: (Indiscernible) you folks. 11 MR. CORACE: It's your prerogative to do 12 whatever you think is appropriate. 13 MR. BARRIS: I know. I know. I know. I 14 just -- 15 MR. CORACE: Is that in the form of a question 16 or is that -- what is that? 17 MR. BARRIS: No. My question came before 18 that, but I'm just suggesting to the people as an 19 add-on. 20 MR. CORACE: Okay. Thank you very much. 21 MR. BARRIS: You're welcome. 22 UNIDENTIFIED MALE VOICE: Let's go have a 23 beer. 24 MR. GRANT: Any more questions? Any more 25 questions, comments? 9A 98 1 Yes, sir. If -- we're getting to the end 2 here. One more. 3 MR. SHIELDS: One last comment. I guess I 4 should have made it earlier. When the gentleman 5 said that -- I'm Mike Shields. 6 I do not speak for anybody but Tarpon Cove. 7 I'm their president. So if I -- I did not -- if I 8 said that, I apologize. 9 But I will say that at the public planning 10 meeting, the president, Herb Bias (phonetic) , spoke 11 on record as being in favor of this amendment 12 change. 13 MR. GRANT: Okay. Thank you. 14 MR. SHIELDS: So their spokesman did speak. 15 Thank you. 16 MR. GRANT: Thank you for -- okay. 17 MR. CORACE: I just want to add one thing. We 18 talked about this petition that's been circulated, 19 this 714 signatures or something -- well, they're 20 actually not signatures, but -- 21 UNIDENTIFIED FEMALE VOICE: Yes, they are. 22 Yes, they are signatures. 23 MR. CORACE: Are they? 24 UNIDENTIFIED FEMALE VOICE: Yes. 25 MR. CORACE: The only thing that I'm saying is 9A 99 1 that I don't know whether you had all the facts 2 when those petitions were signed. The neighborhood 3 information meeting a year ago -- 4 UNIDENTIFIED FEMALE VOICE: Gave us very 5 little information. 6 MR. CORACE: And I think that a substantial 7 portion of those people who may not even be here 8 tonight, I think they have at least an opportunity 9 to reconsider. I'm not suggesting that they do. 10 The mantra of a deal is a deal is -- I've heard it 11 till I go to bed at night, but nevertheless, I 12 believe that what we are proposing here is a better 13 deal, and if we want to rely on principles and say 14 no, a deal is a deal, Doug, you do tax returns, 15 don't you? Have you ever amended a tax return? 16 MR. FEE: Yes, I have. 17 MR. CORACE: Huh? Sorry. A deal is a deal. 18 UNIDENTIFIED MALE VOICE: Good night 19 (indiscernible) . 20 (Applause. ) 21 (Recoding concluded. ) 22 23 24 25 9A 100 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 99 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: March 4, 2015 Joyce B. Howell 19 20 21 22 23 24 25 Item #9A SIRE Public Access Electronic Agenda Attachment: Application Backup Information http://www.colliergov.net/ftp/AgendaMarch241 5/GrowthMgmt/Application_for_Cochatchee__B ay_PUD_revised.pdf 9A Cocohatchee Bay PUD Amendment Description of Why Amendment is Necessary The Cocohatchee Bay Planned Development (PUD) was previously approved as Ordinance 2000-88, and then amended in 2008 by a Settlement Agreement and Release between the property owner and Collier County. The Settlement Agreement and Release is recorded in Official Records Book 4368, Page 2345, of the Public Records of Collier County, Florida. The property owner is proposing to amend the Cocohatchee Bay PUD in order to increase the project acreage by approximately 93.6+/- acres for a total of 626.3+/- acres, and increase the number of permitted dwelling units by 62 units from 590 to a maximum of 652 dwelling units. All additional residential dwelling units above the previously approved 590 units will be limited to single family dwelling units on large lots and located on the eastern parcel previously approved for the golf course use. The PUD amendment is necessary in order to make the proposed acreage, unit number and type modifications. The previously approved golf course will be deleted from the list of permitted uses. Additional provisions are included to allow a maintenance facility, sales and administrative offices, as well as other recreational facilities to serve residents, club members and their guests within the Cocohatchee Bay PUD. 1 Co er County 9A COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collierxov.net (239)252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED PUD Rezone (PUDZ): Amendment to PUD (PUDA): PUD to PUD Rezone (PUDZ-A): APPLICANT CONTACT INFORMATION Name of Applicant(s): Lodge/Abbott Associates LLC Address: 3400 Lafayette Street City: Detroit State: MI zip: 48207 Telephone: Cell:Cell: Fax: 313-567-3912 E-Mail Address: YaleLevin @soave.com Name of Agent: Richard Grant Firm: Grant Fridkin Pearson, P.A. Address: 5551 Ridgewood Drive, suite 501 City: Naples State: FL ZIP: 34108 Telephone: Cell:Cell: Fax: 239-514-0377 E-Mail Address: rgrant @gfpac.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 1 9A CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. Name and Address %of Ownership Name and Address %of Ownership Name and Address %of Ownership Name and Address %of Ownership Lodge/Abbott Associates LLC 3400 East Lafayette Street Detroit MI 48207 100 (see attached organizational chart) 9A U -, w cf) cc w D Q U H U =CC 0 Q d o r w o cc m w m Z a � 0 w < ON J 0'Cr) w w CC C.7 Z Z / Q H Z (.1-) I- I— Zw zr J m J 1- > 2'3 1 > Q w C Z 2 Z Q U Z w \ = Q in Q J Z o 0 a o (Z. m w w Q > W U O Q z gl ZQ 2 t W w co N /Y Q /� W I3- O 0 CI J 7 1—).J N U_ a` E E O_ 8 9 U 9A LODGE/ABBOTT ASSOCIATES LLC STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: February 25, 1998 COMPANY I.D. NUMBER: B26-407 (Michigan) M01000002423 (Florida) FEDERAL TAX I .D. NUMBER: 38-3397995 ASSUMED NAME (S) : N/A NAME CHANGES: N/A QUALIFIED TO CONDUCT BUSINESS IN: Florida RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: N/A MANAGERS: Yale Levin MEMBERS AND PERCENTAGE OF OWNERSHIP: Trident-Abbott L.L.C. 96.25% Soave Management, Inc. 3. 75% DJF\CORPSUMM\LODGEABBOTT.SUM\021506 s 9A SOAVE ENTERPRISES L.L.C. STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: January 1, 1998 (filed 12/23/97) COMPANY I.D. NUMBER: B 17-685 FEDERAL TAX I.D. NUMBER: 38-3389446 ASSUMED NAME(S): Soave Enterprises NAME CHANGES: N/A QUALIFIED TO CONDUCT BUSINESS IN: N/A RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: N/A MANAGERS: Soave Management, Inc. MEMBERS AND PERCENTAGE OF OWNERSHIP: Anthony Soave 99% Soave Management, Inc. 1% END OF TAX YEAR: December 31 DJP\CORPSUMM\SOAVE.ENT.SUM\090302 9 SOAVE MANAGEMENT, INC. STATE OF INCORPORATION: Michigan DATE OF INCORPORATION: July 27, 1995 CORPORATE I.D. NUMBER: 315-928 FEDERAL TAX I.D. NUMBER: 38-3257460 ASSUMED NAME(S) : N/A NAME CHANGES: Inc. as City Environmental Services Landfill, Inc. of Haleyville; chg'd name to current name 1/12/98 QUALIFIED TO CONDUCT BUSINESS IN: N/A RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road, Ste. 2345 REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: President: Anthony Soave Exec. Vice Pres. : Yale Levin Sr. Vice Pres. : Michael L. Piesko Sr. Vice Pres. : Kathleen B. McCann Sr. Vice Pres. : Michael D. Hollerbach Vice President: Edward R. Schonberg Secretary: Bryant M. Frank Ass't Secretary: Kathleen B. McCann Treasurer: Richard T. Brockhaus DIRECTORS: Yale Levin, Kathleen B. McCann, Michael L. Piesko, Anthony Soave AUTHORIZED CAPITAL: 60, 000 shares - common stock TOTAL SHARES ISSUED: 1, 000 shares SHAREHOLDERS AND PERCENTAGE OF OWNERSHIP: Anthony Soave 100% 1, 000 shares DATE & TIME OF ANNUAL SHAREHOLDERS AND DIRECTORS MEETING: First Tuesday in June LAST ANNUAL MEETING: June 5, 2007 BY-LAWS ADOPTED: July 27, 1995 DATE OF SUB-S ELECTION: July 27, 1995 END OF FISCAL YEAR: December 31 DJP\CORPSUMM\SMI.SUM\060100 9A 9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Name and Address %of Ownership Date of Contract: Name and Address 10/5/2001 &1/21/2003 n Date of option: Date option terminates: Anticipated closing date: 1 9A Coy er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: PUD,RSF-3&RSF-3ST PUD Present Use of the Property: undeveloped Proposed Use (or range of uses)of the property: Residential & Accessory Uses & Recreation Original PUD Name: Cocohatchee Bay PUD Ordinance No.: 2000-88 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • • • Section/Township/Range: 8.181720 48 25 Lot: Block: Subdivision: Metes & Bounds Description: See Attached Plat Book: Page#: Property I.D. Number: See Attached Size of Property: ft. x ft. = Total Sq. Ft. Acres: 626.344- Address/General Location of Subject Property: Wiggins Pass Road/Vanderbilt Drive PUD District (refer to LDC subsection 2.03.06 C): Commercial • Residential Community Facilities Industrial Mixed Use Other: 9A Cocohatchee Bay RPUD Property ID List 00155884207 00154680004 00155920006 00156120009 00156680002 00142240003 00141960009 00156400004 Co er County 9A COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land 15 se N PUD Residential S PUD Residential&Commercial E PUD Residential W PUD Residential/Public If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page#: Property I.D. Number: See Attached Metes& Bounds Description: See Attached ASSOCIATIONS http://www.colliergov.net/Index.aspx?page=774 Name of Homeowner Association: Wiggins Bay Villas Condominium Association,Inc.do Anchor Associates,Inc. Mailing Address: 3940 Radio Road, Suite#111 City: Naples State: FL Zip: 34104 Name of Homeowner Association: Grande Preserve at the Dunes Mailing Address: 280 Grande Way City: Naples State: FL Zip: 34110 Name of Homeowner Association: Tarpon Cove Community Association, Inc. do Towne Properties Mailing Address: 1016 Collier Way Center, Suite 102 City: Naples State: FL Zip: 34110 Name of Homeowner Association: TIIF/DEP- Foresty Gold Gate State Forest Mailing Address: 3900 Commonwealth Blvd City: Naples State: FL ZIP: 32399 Name of Homeowner Association: Aqua at Pelican Isle Condominium Associates, Inc. Mailing Address: 13675 Vanderbilt Drive City: Naples State: FL ZIp: 34110 1 9A Cocohatchee Bay Adjacent Homeowner/Master Associations Tarpon Cove Community Association, Inc. C/O Towne Properties 1016 Collier Center Way, Suite 102 Naples, FL 34110 Mike Shields, President Glen Eden Homeowners Association Inc. C/O Meldon Consultants 4949 Tamiami Trail North#201 Naples, FL 34103 Howard Palay, President Falling Waters North Preserve, Inc. Towne Properties 1016 Collier Center Way, Suite 102 Naples, FL 34110 Joel lannuzzi, President Wiggins Lakes and Preserve Association Inc. Towne Properties 1016 Collier Center Way, Suite 102 Naples, FL 34110 John Hayes,President Wiggins Bay Foundation, Inc. 1016 Collier Center Way#101 Naples, FL 34110 Ann Weigel, President Wiggins Bay Villas Condominium Association, Inc. Anchor Associates, Inc. 3940 Radio Road, Suite#111 Naples, FL 34104 James Gammell, President Aqua at Pelican Isle Condominium Association, Inc. 13675 Vanderbilt Drive Naples, FL 34110 Thomas W. Jeffrey, President Pelican Isle Master Association Inc. 435 Dockside Drive, Unit#203 9 A Naples, FL 34110 Brett Nuckolls, President Marina Bay Club of Naples Condominium Association, Inc. C/O Guardian Property Management 6704 Lone Oak Boulevard Naples, FL 34104 James, Hlavacek, President Tower Pointe at Arbor Trace Condominium Association, Inc. 1000 Arbor Lake Drive Naples, FL 34110 Richard Wilson, President Arbor Trace Condominium Association, Inc. 1000 Arbor Lake Drive Naples, FL 34110 Ray Fick, President Eden on the Bay Homeowners Association, Inc. C/O Collier Financial, Inc. 4985 Tamiami Trail East Naples, FL 34113 Ann Frees, President The Villages of Emerald Bay Condominium Association, Inc 14975 Lake House Lane Naples Florida 34110 David A. Cressy, President Retreat Homeowners Association, Inc. C/O Compass Group 48251 Tamiami Trail N., Suite 400 Naples, FL 34103 Willa Dan, President Grande Preserve at the Dunes Community Association, Inc. 840 111th Avenue North, Suite 10 Naples, FL 34108 Richard Clapp, President 9A Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. Deed Restrictions: 7 A Cocohatchee Bay RPUD Evaluation Criteria Pursuant to Section 10.02.13 of the Collier County Land phiielopment Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The PUD rezone proposes to permit a variety of residential dwelling unit types, group housing for seniors, recreational facilities, and accessory uses on 626.3± acres to allow a maximum of 652 dwelling units. A conceptual PUD master plan has been developed which depicts the location of the development tracts, lakes, and preserves. The site is currently zoned RPUD and is undeveloped, although site plan approvals have been issued for the residential buildings located west of Vanderbilt Drive. PUD Rezone Considerations(LDC Section 10.02.13.B) 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 Cocohatchee Bay RPUD is located on the northeast quadrant of Vanderbilt Drive and Wiggins Pass Road and has a small finger parcel that extends to U.S. 41, the property also extends west of Vanderbilt Drive. Access to the site will be from Wiggins Pass Road and Vanderbilt Drive. A future connection to U.S.41 previously shown on the Master Plan, has been eliminated. The area has previously been zoned for residential and recreational uses. The proposed additional residential dwellings will be located in areas previously identified for golf course use. The property is suitable for the proposed land uses and is consistent with the residential and recreational pattern of development which has occurred in the vicinity of the RPUD. The application and supporting materials address traffic, access and utilities which are all available to the site. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant owns all of the land within the proposed Cocohatchee Bay RPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Page 1 of 4 e Cocohatchee Bay RPUD 9 A '-•es Evaluation Criteria The property is located in the Urban Mixed Use District, Urban Residential Subdistict of the Future Land Use Element (FLUE)of the Growth Management Plan. The area is also located in the area designated as Coastal High Hazard Area (CHHA) due to the proximity to the Gulf of Mexico. Collier County restricts residential density within the CHHA to a maximum of three (3) dwelling units per acre. The Cocohatchee Bay RPUD will comprise 626.3+1- acres which would permit the property owner to request a maximum of 1,879 dwelling units. The PUD amendment is proposing a maximum of 652 residential dwelling units or 1.04 dwelling units per acre, which is well within the density rating system permitted in the Growth Management Plan. The property was formerly evaluated under the County's zoning re-evaluation program. Under that zoning program, it was determined that the property could qualify for a maximum of 1,758 dwelling units. The proposed amendment to the PUD will permit a full range of residential dwelling unit types. The Urban Land Use designation description in the Growth Management Plan permits the full range of residential dwelling units, and recreational facilities. All of the proposed uses within the amended RPUD are consistent with the Future Land Use designation, which is consistent with Objective 1 of the FLUE. Objective 2 of the FLUE and its implementing policies require that land uses must be coordinated with the availability of public facilities through the Concurrency Management System. A traffic analysis has been prepared, which concludes that there are no existing or anticipated roadway level of service issues resulting from the increase in dwelling units proposed for the project. Water and sewer services are provided by Collier County, and there are no existing or anticipated deficiencies. Projections of water and sewer demand are provided in the application materials. The surface water management system has been designed and permitted in accordance with the South Florida Water Management District. Objective 3 of the FLUE addresses Land Development Codes (LDC) as the implementing regulations for the Growth Management Plan. Except as authorized through the requested deviations set forth in the RPUD document,the proposed RPUD is consistent with the LDC. Policy 5.1 of the FLUE requires all rezonings to be consistent with the Growth Management Plan. As described above the proposed land uses and intensities of the uses are consistent with the Growth Management Plan. Policy 5.6 of the FLUE promotes the use of planned development zoning in order to encourage innovative planning and conserve open spaces. The project is proposed as a PUD, and the conceptual master plan identifies areas that will be preserved consistent with this policy. Policy 6.1 of the FLUE requires consistency with the Transportation Element of the Growth Management Plan and the designated Transportation Concurrency Management Areas (TCMA). The property was formerly zoned for a much higher density than requested; however the project at the proposed number of dwelling units results in a plan than is economically viable, Page 2 of 4 Cocohatchee Bay RPUD 7 Evaluation Criteria results in an efficient use of the property, and permits a development scheme that is compatible with surrounding properties. The property is located within the designated Northwest TCMA and will be consistent with the Transportation Element requirements for development within a TCMA. A traffic impact analysis has been prepared consistent with the methodology approved by Transportation Planning staff, and consistent with Policy 5.1 of the Transportation Element. Objective 7 and its implementing policies address certain smart growth principles and encourage connectivity of a project to the surrounding road network, attempts to interconnect with adjacent parcels where possible and to have new developments provide for shared opens spaces and a variety of land use types. The proposed Cocohatchee Bay RPUD does have connection points to two collector roads: Vanderbilt Drive and Wiggins Pass Road. Access will be provided to each of these roadways. Interconnections with adjoining properties have not been identified due to their developed status, or environmental sensitivity. Goals, Objectives and Policies of the Conservation and Coastal Management Element (CCME) are also applicable to the property. The property has areas of upland and wetland native vegetation that are identified as preservation areas, consistent with the criteria of Policy 6.1.1 and 6.2.4 of the CCME. An American Bald Eagle nesting site has been identified in an area in the northwestern portion of the site. A Bald Eagle Management Plan has been established consistent with Policy 7.1.2 of the CCME. The enclosed Environmental Impact Statement has been prepared in accordance with the growth management plan and land development code requirements and further discusses consistency with the environmental policies of the plan. 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 proposed uses are limited to residential dwelling units, recreational facilities, and typical accessory uses. Development standards have been identified in the RPUD document,which are consistent with those previously approved for the high rise multi-family dwelling units. Typical residential development standards for large lot single family dwellings and low rise multi-family have been established. Buffers to surrounding residential uses will meet or exceed the requirements of the land development code. The conceptual RPUD master plan identifies the development tract, preservation areas, buffers, and access to the site. The proposed RPUD is compatible with the surrounding land uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The Cocohatchee Bay RPUD master plan identifies preserves and open water, recreational amenity area, lakes and buffers which will be utilized for recreation and open space. The RPUD master plan identifies more than 400 acres as preservation and conservation lands, which exceeds the minimum open space standard of 60% required for residential projects. The RPUD Page 3 of 4 Cocohatchee Bay RPUD 9 A Evaluation Criteria document also provides for a variety of open space and recreational uses that will be designed for use of residents, club members and guests. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Cocohatchee Bay RPUD is a proposed RPUD which is surrounded by zoned, developed and undeveloped land. The subject application includes additional lands owned by the current property owner and represents all of the lands under its unified control. It is not anticipated that the RPUD boundary will be expanded beyond that included in this application. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The RPUD rezone proposes development standards which are generally consistent with other planned developments in the area, and consistent with those uses and standards previously approved for the property. Deviations from the LDC have been requested to address private street right-of-way widths, sidewalk locations, and site specific signage. Justifications for these deviations have been included in the application materials or RPUD Document. Page 4 of 4 COtGY County 9 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: N/A Official Interpretations or Zoning Verifications: • PUBLIC NOTICE REQUIREMENTS Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. Coe-r County 9 A :11:41 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS ❑ Pre-Application Meeting: ❑ PUD Rezone: ❑ PUD to PUD Rezone: ❑ PUD Amendment: ❑ Comprehensive Planning Consistency Review: ❑ Legal Advertising Fees: 0 0 ❑ Environmental Data Review: ❑ Listed or Protected Species Review: ❑ School Concurrency Fee, if applicable: 0 *Additional fee for the 5th and subsequent re-submittal will be accessed at 20%of the original fee. All checks may be made payable to:Board of County Commissioners Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Cotlier Count y i 9 A COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED REQUIO ED n n n - n _ 1 Affidavit of Authorization signed & notarized II ( l • n n � n n n n - *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement 239-690-3500 ❑ Exhibit C: Master Plan-See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested Deviations from LDC ❑ Exhibit F: List of Development Commitments 9A Cofer County E CO pi COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net PRE-APPLICATION MEETING NOTES PUD Rezone (PUDZ) .Cq3 neur acrts. ❑ PUD to PUD Rezone (PUDZ-A) ❑ PUD Amendment (PUDA) PL# ? 3 1'243 Date•f� 15 I �� Time:_ � I.3C Frm:.��4�rt�� • murcic. Project Name: Size of Project Site: ‘Z-iO acres ' L Applicant Name: f ZC s`I! I�l1k . Phone: 147•1 Owner Name: Phone: • Owner Address: City State ZIP Existing PUD Name and Number " - ° - .R .2 •ffi Assigned Planner )I VESEE121-4 Meeting Attendees: (attach Sign-In sheet) T 590 ' 4"14 3c ktu,&,tt CIim;4--fit . Meeting Notes X r d:jl l sa6 t1yt.um2A `V U) ["{la t ac ICL teal Loofa'Th r- AAA. SR- `-VousiH usth. o .(p FhIz {cJ M■t r1-t (36- (3f t)0+ eel/ATP-pa cf e s UJ L /3 ttet (COO 5DP a ieJt&. a .,J e • • Q `t�° (Mkt P w • - kPeS-k • rxrt /bf k)tvs+ec _ rt s° ck�r^o tiST�rt�.� c I,-�.1r� r..� rVf` A— 3Cc f 1/4c2) \J .rt iAl7��r tf/sI1g7!</.r�G/tl.�ligiWIRM7.iTAM r9LWAINAM"-r"rsi'erV • - - _ See last page to add more comments = JUNE 2011 9A Additional Notes: 6446 1?--c4 - .C:41,4ifier-73. Ft*- 1'-'"C ç i g'" n=3- T i c 4 z, 1Y) • A. 14 - (St ,, VN W177--1, (2e- -I 4 I ast si)1 0 - s c-4,5r5r 6 y ", -1-) S r-a 1-1'1•44 KAs-r C.0 APV 479-pf T rc,"--al 4 CC-C- rr•-•-r 96to-r_.)/) t-e- de---tbm-4€4•1-•-•,) 0.-k) -reis ' / - • so_es. , / , _,„ -14u PLO A Arili LAI 41i koLL-f&.=-A-r: " At _ ;Ad All /o biC/ea,vv:zei /egaicir/zeidat- CCPC. 714k5 P ccAc -- -k-InC)1Q4 cZi N c")tx. 4c_z-e2. ecr."1( 10-A• r 3t— t9- 4Lp_ 4r-tr Uccirie4-% rectebh \•I • • - • • Collier County 9A COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DNISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX(239)252-6358 www.colliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students,Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE(PUDZ) PUD to PLD REZONE(PUDZ-A) PUD AMENDMENT(PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBM1'1°TED WITH APPLICATION PACKET IN 1'1iN; EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRED STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary 7� Completed Application(download from website for current form) }G PUD Document&Conceptual Site Plan 24'x3.67'and One 8 '/2" x 11"coPY k Revised Conceptual Site Plan 24"x 36"and One 8 'AA" x 11"copy —1 Original PUD document and Master Plan " 4•S �1O [� Revised PUD document with changes crossed thru&underlined Ai 0 Revised PUD document w/amended Title page w/ord#'s,LDC t] 10.02.13.A.2 Deeds/Legal's& Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 Owner/Affidavit signed&notarized 2 Covenant of Unified Control _ 2 1 Completed Addressing checklist FAUi -4,440"-- 2 Environmental Impact Statement )*or exemptionjustification 2 Digital/electronic copy of EIS (copy for Planner&Environmental) 2 Historical Survey or waiver r nest 4 ✓ Utili Provisions Statement 4w/sketches 4 ✓ Architectural rendering of proposed structures 4 f Survey,signed& sealed 4 �Q Traffic Impact Statement(TIS)or waiver(with applicable fees) 7 Copy of Traffic Impact Statement(TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months minim scaled _. 1"=200'), showing FLUCCS.Code',tegend,-and project boundary S ' - JUNE 2011 9A 9cy ' COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliieruov.net Electronic copy of all documents in Word format and plans(CDRom j' or Diskette) Justification/Rationaje for the Deviations(must be on a separate 1(� sheet within the application material;DO NOT include it in the PUD ,�- documents) Copies of Official Interpretations and/or Zoning Verifications 1 School Impact Analysis Application (residential components) 2 1 set for School District(residential components) Affordable Housing or Economic Development Council Projects: EDC "Fast Track"must submit approved copy of official application 2 [1Affordable Housing"Expedited"must submit copy of signed Certificate of Agreement **If project includes an 40rdable Housing conaponen ou are required to schedule a meeting before the Affordable Housing Advisory Committee by ,S contacting the Collier County Housing and Human Services Department at 239-252-2273. Xi Check here if there are any Settlement. Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑DeItona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal Route package to: The Conservancy,Attn.:Nichole Ryan f 2- 1450 Merrihue Dr.,Naples,FL 34102 Mil located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J.Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A2.a.(b)i.c. 4If located within 1/2 mile of City of Naples,send copy of submittal package to: Robin Singer,Planning Director City of Naples, 295 Riverside Circle, Naples,FL 34102 JUNE 2011 ,� 9A Collier County ' COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: vi SCHOOL DISTRICT(residential ,� PARKS&REC—VICKY AHMAD components)Amy Taylor �J tuti# SUPERVISOR OF ELECTIONS f\)r IMMOKALEE WATER/SEWER r l DISTRICT DR/EM1 _EMER.MGMT—Dan UTILITIES ENGINEERING: PAULO Summers l MARTINS / CITY OF NAPLES,Robin Singer, 1 BAYSHORE/GATEWAY TRIANGLE "r ' Planning Director (17 REDEVELOPMENT Executive Director_ X CONSERVANCY,Nichole Ryan FIRE REVIEW: RICCO LONGO x EMS—ART1E BAY ENGINEERING:JACK MCKENNA �C TRANS. PATHWAYS:*tt9ON COMP PLANNING: (SEE SIGN-IN ` BR�tDFORIT /N SHEET FROM PRE-APP MEETING) j ENVIRONMENTAL:SEE SIGN-IN P. SHEET FROM PRE-APP MEETING) Fees Application Fee: ❑$10,000(PUD Rezone)+$25 per acre(or fraction of thereof) Q$8,000(PUD to PUD)+$25 per acre(or fraction thereof) • _ - . _ _ ❑$6,000(PUD Amendment)+$25 per acre(or fraction of an acre) ® Fire Code Review-New PUD Reza,e$15,01 PUD to PUD Rezone$125,POD Amendment$125 ® $2,250.00 Comprehensive Planning •• i -ncy Review ® $500.00 Pre-application fee(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). 7 $2500.00 Environmental Impact Statement review fee V 4 $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) Property Owner Notification fees.Property Owner Notifications$1.50 Non-certified;$3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees,(Refer to Exhibit A): U $500.00 Methodology Review Fee,if required*Additional Fees to be determined at Methodology Meeting. JUNE 2011 Co tLi er County 9 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. j Applicant must conduct at least one Neighborhood informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required toreeeive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners,condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of The NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements.•appear stating the purpose, location,time of the meeting and legible site-location trap of the property for which the zoning change is being requested. The display advertisement must be one-fourth'page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven(7) days prior to,but no sooner than five(5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tope the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be mode a part of the staff report of the County's review and approval bodies and mode a part of the consideration for indusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695,FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said __Memorandum�or._Notice." _• _ r _ . .x: . .__.r,r =-� = r ... �. . 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''.=7:'..:''■'=-1.4)..2.1224-:.:;t5-'7:"'n-ZI. 9 A PUDZ-PUDA Checklist (. 1)1) J (c obi.1-cliziL za-`j 6 The projectKm compliance with the overlays,districts and/or zoning on the subject site and/or the surrounding properties.(i.e.CON,ST,PUD,RLSA designation,RFMU district,etc.)(LDC 2.03.05- 2.03.08;4.08.00) land use compliance 4 Comply with specific requirements per SSA stewardship easement(LDC 4.08.06) SSA coml.-1=c; Comply with specific requirements per SRA development document/master plan.(LDC 4.08.07)SRF, compliance GSubmit a current aerial photograph and clearly delineate the.subject site boundary lines.If the site is vegetated,provide FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation_ (LDC 10.02.13.k2.m) FLUCCS UCCS aerial 1.0:43-\ '. • • • / 0 . Clearly identify the location of all preserves and label each as"Preserve"on all plans.(LDC 3.05.07.A.2). preserves labeled , 6. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site.Exclude vegetation located within utility and drainage easements from the preserve calculations(LDC 3.05.07.B-D; 3.05.07.F;3.05.07.H.l.d-e). preserve calculation 7. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.l.e. Retained preservation areas shall be selected based on the criteria'defined in LDC 3.05.07.A.3,include all 3 strata,be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.(LDC 3.05.07.A.1-4) preserve selection 9. Provide the justification for proposing a created preserve versus retaining existing native vegetation. (LDC 3.05.07.H.l.e.i) Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations,fill placement,grading,plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve(i.e.stem wall or berm around wetland preserve).Provide cross- sections for each preserve boundary identifying all site alterations within 25'.(LDC 3.05.07.1.3; 6.01.02.C.) preserve setback 11. Provide the location,maintenance plan,and type of habitat of any proposed off-site preservation/mitigation.(LDC 3.05.07.F.4) 0 12. Wetland line shall be approved by SFWMD and delineated on the site plan.(LDC 3.05.07:F; 10.02.03.B.1.j.) wetland line j l enVi p1, Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland / system shall provide an assessment of the value and function of the onsite wetlands(WRAP score). Direct impacts of development shall be directed away from high quality wetlands. (LDC 3.05.07.F.3.a) .. mow . 1� .. "=t. -is ::a.'�"t'•, ate. .�-b;.�. , ..+•.�fi'..�::. ::=n- .7:7 iwr*'- 2 ..'�.-.�..-.,.H:.:r+- Wetlands within the RFMU.District and the Urban Designated Area Lake Trafford./Camp Keaiswetland system being utilized by listed species,serving as wildlife corridors and existing wetland flow ways `Z . 9A shall be preserved onsite,even if by doing so exceeds the required preservation acreage.(LDC 3.05.07.F.3.b-c)wetland impacts i/Wetland preserves within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall have a vegetated (existing or planted)upland buffer located landward from the approved jurisdictional line.Provide planting plan and plant list if supplemental planting is required. (LDC 3.05.07.F.3.f)wetland buffer . All direct impacts to wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keats wetland system shall be mitigated_Provide a mitigation assessment (LDC 3.05.07.F.3-4) wetland mitigation yl.RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC. If wetland impacts are proposed,provide a map identifying the wetland assessment scores of each wetland on-site. The preservation requirement shall be met first with wetlands with a score of 0.65 or greater(based on. SFWMD methods). Provide agency approved wetland score documentation..(LDC 4.08.05.M.1.)RLSA , X.RLSA Baseline standards for Wetlands outside of FSAs,HSAs, WRAs and the ACSC. Wetlands,being utilized by listed species or serving as wildlife corridors shall be preserved onsite,even if by doing so exceeds the required preservation acreage.(LDC 4.08.08.H.2.) RLSA wetlands i% RLSA Baseline standards for Wetlands outside of FSAs,HSAs, WRAs and the ACSC.Direct impacts to / wetlands,shall be mitigated for. Provide a mitigation assessment The wetland functional score of the mitigation must equal or exceed that of the impacted wetlands.Demonstrate that there's no net loss of wetland functions.Priority shall be given to mitigation within FSAs and HSAs.These mitigation requirements must be satisfied prior site plan approval. (LDC_4.08.08.R8-9.) RLSA mitigation -- -- - MAROMI!S1,.,rAL_ —iA . . - 2Q Provide a complete and sufficient EIS (and the review fee)identifying author credentials,consistency determination with the GMPs,off-site preserves,seasonal and historic high water levels,and analysis of water quality.For land previously used for farm fields or golf course,provide soil sampling/groundwater monitoring reports identifying any site contamination.(LDC 10.02.02) EIS required 21 Wildlife survey required for sites where an EIS is not required,when so warranted.(LDC 0 10.02.02.A.2.f) .vi' €n U t r 0 Include the wildlife habitat manag€mentplan eagle,RCW). (LDC 3.04.00) wildlife plan i ',ict_ Golf Course PUD within RFMU or RLSA:Provide an Environmental Master Plan and Natural Resource Management Plan(NRMP)approved by Audubon International.(LDC 2.03.08A.2.a(3)(a).xi.b;2.03.08.A.3.a.(1)(k);4.08.06.A.3.h;4.08.08.F.1) 0 PUD Document and Master Plan shall state the minimum acreage required to be preserved_(LDC 10.02.13.A.2) 24 PUD Document shall identify any listed species found on site and/or describe any unique vegetative 0 features that will be preserved on the site.(LDC l 0.02.13.A.2.m) unique features Additional Comments: Stipulations for approval(Conditions) - 2 1 2. 9aPt . . 1 9A Environmental Data Checklist 10 Provide the EIS fee if PUD or CU. (LDC 10.02.02.A.4) 0 EIS author shall verify their experience/education—at a min.should have a bachelor's in science and 3 years experience(2 of which must be in FL)(LDC 10.02.02.A.2) 0 Identify on a current aerial, the location and acreage of all Collier County/S jurisdictional wetlands according to the Florida Land Use Cover and Fbri s Classification System(1.LUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district,provide • an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff,consistent with State regulation. (LDC 10.02.02.A.3 a i) t 4. SDP or final plat construction plans with impacts to five (5) or more acres of ,.,1 , wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. (LDC 10.02.02.A.3 a ii) "p. 5. Where treated stormwater is allowed to be directed into preserves,show how the criteria ip in 3.05.07 H have been met.(LDC 10.02.02.A.3 a iii) — 8n 6. Where native vegetation is retained on site,provide a topographic map to a half foot and,where I a,. possible,provide elevations within each of the FLUCFCS Codes identified on site.For SDP or t r N final plat construction plans,include this information on the site plans.(LDC 10.02.02..3 a iv) 0 Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission(FFWCC)and the U.S.Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low,as determined by the FFWCC and USFWS.Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence f _ CCU_ CPO /Or) . .FtpaZ I i y , • 9A is low,the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS.Additional survey time may be required if listed species are discovered(LDC 10.02.02.A.3 b i). (j) Provide a survey for listed plants identified in 3.04.03(LDC 10.02.02A3 b ii). ( 9. J Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be �/ required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS.These plans shall describe how the project directs incompatible land uses away from listed species and their habitats.Identify the location of listed species nests,burrows, dens,foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site.Wildlife habitat management plans shall be included on the SDP or final plat construction plans.Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones,copies of which shall be included on the SDP or final plat construction plans.(LDC 10.02.02.A.3 b iii) . For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s)were issued a permit to be cleared and are in compliance with the 25 year rezone)imitation pursuant to section 10.02.06.For sites permitted to be cleared prior to July 2003,provide documentation that the parcel(s) are in compliance with the 10 year rezone)imitation previously identified in the GMP. Criteria defining native vegetation and determining the legality,process and criteria for clearing are found in 3.05.05,3.05.07 and 10.02.06. (LDC 10.02.02.A.3 c i) C.) Identify on a current aerial the acreage, location and community types of all upland and ' wetland habitats on the project site,according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified_ Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on. the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant. to 3.05.07 have been met- Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. (LDC 10.02.02A3 c ii) sr 12: Include on a separate site plan,the project boundary and the land use designations and overlays for the RLSA,RFMU, ST and ACSC-ST districts.Include this information on the SDP or final plat construction plans.(LDC 10.02.02.A3 c iii) Where off-site preservation of native vegetation is proposed in lieu of on-site,demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat . . I: 9A T construction plans indicating the type of donation(monetary payment or land donation) identified to satisfy the requirement.Include on the SDP or final plat construction plans,a • location map(s)and property identification number(s)of the o$isite parcel(s)if off-site donation of land is to occur. (LDC 10.02.02.3 c iv) ply14. Provide the results of any Environmental Assessments and/or Audits of the property,along with a narrative of the measures needed to remediate if required by FDEP. (LDC 10.02.02.A.3 d i) 0 1 p‘ 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields(crop fields,cattle dipping ponds, chemical mixing areas),golf courses,landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field.of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency(EPA)8081)and Resource Conservation and Recovery Act(RCRA) 8 metals using Florida Department of Environmental Protection (1~DEP)soil sampling Standard Operating Procedure(SOP)FS 3000,in areas suspected of being used for mixing and at discharge point of water management system.Sampling should occur randomly if no points of contamination are obvious.Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone,about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment.Include in or with the Environmental Site Assessment,the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment,when the contaminants are over these levels. If thin analysis has been done as part of an Environmental Audit then the report shall be submitted.The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. (LDC 10.02.02..3 d ii) 16 Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a she-inch rise in sea level.(LDC I0.02.02A3 d iii) (3 Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13),if requested(LDC I0.02.02.A.3 d iv) Where applicable,provide evidence of the issuance of all applicable federal and/or state j oil and gas permits for proposed oil and gas activities in Collier County. Include all state Npermits that comply with the requirements of Chapter 62C-25 through 62C-30,F.A.C., as those rules existed on January 13,2005.(LDC 10.02.02.A.3 d v) 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones(WRM-ST)within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to Pace'39 Li 9A 3.06.00.Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans.For land use applications such as standard and PUD rezones and CUs,provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified.(LDC 10.02.02.A.3 e i) p „ Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed I / Management regulations of 3.07.00.(LDC 10.02.02.A.3 e ii) 7 l. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment overlay district(ACSC-ST),show how the project is consistent with the development standards and regulations in 4.02.14. (LDC 10.02.02A3 e iii) di)For multi-slip docking facilities with ten slips or more,and for all marina facilities,show how the project is consistent with 5.05.02.Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. (LDC 10.02.02.A.3 e iv) ?/. For development orders within RFMU sending lands,show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. (LDC 10.02.02.A.3 e v) 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following may be needed for the EAC and/or CCPC Staff Report—determine at preapp or Review 1. l Provide overall description of project with respect to environmental and water 0 management issues. Explain'how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. Explain how the project meets or exceeds the native vegetation preservation requirement 0 in the CCME and LDC. • Indicate wetlands to be impacted and the effects of the impact to their functions and how 0 the project's design compensates for wetland impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 41, PUD zoning and CU petitions.For PUD rezones and CU petitions,applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement(EIS)document,prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings.(LDC 10.02.02.A.4)2Ac.-- 2--,-4,u k--))2: 4_,12:ce• pai;ap.,./1/4 9A . tai Corer Dainty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net -- (239)252-2400 FAX:(239)252-6358 AFFIDAVIT I, Yale Levin, Manager of Lodge/Abbott Associates LLC, being first duly sworn, depose arftay . that Lodge/Abbott Associates LLC is the owner of the property described herein and wItisli is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Lodge/Abbott Associates LLC understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner, Lodge/Abbott Associates LLC further authorize Wayne Arnold to act as its representative in any matters regarding this Petition. Lodge/Abbot Associates LLC Yal Levin, Manager • • STATE OF MICHIGAN COUNTY OF WAYNE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this J Sf day of December, 2013, by Yale Levin, as Manager of Lodge/Abbott Associates LLC, who . is personally known to me or who produced as identification. e . Not Public-State of Michigan Print or Stamp Commissioned • Name of Notary Public) MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF W g t�r1�, 9A Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION • NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT I, Yale Levin, Manager of Lodge/Abbott Associates LLC, being first duly sworn, depose and say that Lodge/Abbott Associates LLC is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Lodge/Abbott Associates LLC understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner, Lodge/Abbott Associates LLC further authorize Richard C. Grant to act as its representative in any matters regarding this Petition. Lodge/Abbot Associates LLC Yat evin, Manager STATE OF MICHIGAN • COUNTY OF WAYNE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this / Vtlay of December, 2013, by Yale Leven, as Manager of Lodge/Abbott Associates LLC,who is rson 11 o_`yn to me or who produced as identification. C. NoX lic-State of Michigan Print or Stamp Commissioned Name of Notary Public) MICHELE C WALKER . NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10.2018 ACTING IN COUNTY OF VI iv h • • GRANT 9A FRIDKIN RICHARD C.GRANT Board Certified Real Estate Attorney PEARSON 239.514.1000 Ext.2002 rgranttgtpac.com veal November 24, 2014 Via Hand Delivery Ms. Kay Deselem, Principal Planner Zoning Services, Planning &Zoning Department Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: Supplement and Amendment to Application for PUD Rezone for the Cocohatchee Bay RPUD -Petition No, PUDZ-PL20130001813 Dear Kay: Petitioner, Lodge/Abbott Associates LLC, recently conveyed a portion of the property subject to the Cocohatchee Bay RPUD to a new third party owner, Lodge/Abbott Investments Associates LLC. Enclosed please find a Supplement and Amendment to Application for Public Hearing for PUD Rezone for Cocohatchee Bay RPUD - Petition No. PUDZ-PL20130001813, with exhibits, to evidence Lodge/Abbott Investments Associates, LLC's consent to, and joinder in, the above referenced application. The following documents are enclosed: - Supplement and Amendment to Application for Public Hearing for PUD Rezone for Cocohatchee Bay RPUD (1 original, 2 copies) - Organizational Chart for Lodge/Abbott Investments Associates LLC (3 copies) - Affidavit of Authorization for Richard C. Grant(1 original, 2 copies) - Affidavit of Authorization for Wayne Arnold (1 original, 2 copies) - Covenant of Unified Control (1 original, 2 copies) Please contact either Wayne Arnold, or me if you have any questions. Very truly yours, Richard C. Grant ~� RCG/tf Enclosures cc: Lodge/Abbott Associates LLC Lodge/Abbott Investments Associates LLC Mr. Wayne Arnold GRANT FRIDKIN PEARSON,PA 9A Supplement and Amendment to Application for Public Hearing for PUD Rezone for Cocohatchee Bay RPUD-Petition No.PUDZ-PL20130001813 This supplements and amends the referenced Application. The Application for Public Hearing for PUD Rezone concerning the Cocohatchee Bay RPUD was submitted on December 20,2013,and re-submitted with minor revisions on October 3,2014 (collectively,the"Application"),by petitioner,Lodge/Abbott Associates LLC("Lodge/Abbott"). On November 12, 2014, Lodge/Abbott conveyed a portion of the real property subject to the Cocohatchee Bay PUD, specifically parcels 5 &6, as legally described therein, to Lodge/Abbott Investments Associates LLC ("Investments Associates")by Special Warranty Deed recorded on November 18, 2014 at Official Records Book 5095, Page 908, of the Public Records of Collier County,Florida.A true and correct of the Special Warranty Deed is attached as EXHIBIT A. As provided for in the foregoing deed, and by executing this Supplement and Amendment to Application, Investments Associates hereby joins in and consents to the Application. Lodge/Abbott and Investments Associates hereby supplement the Application as follows: Applicant Information: - Lodge/Abbott Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone: 313-567-7000;Fax: 313-567-3912 - Lodge/Abbott Investments Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone: 313-567-7000;Fax: 313-567-3912 Name of Agents:Richard C. Grant and Wayne Arnold(see attached affidavits of authorization) Disclosure of Interest Information: Name and Address % of Ownership Lodge/Abbott Associates LLC, 3400 East Lafayette Street, Detroit, MI 100 48207(see original application for entity ownership) Lodge/Abbott Investments Associates LLC, 3400 East Lafayette Street, 100 Detroit,MI 48207(see attached organizational chart for entity ownership) _ Date Subject Property Was Acquired: 10/5/2001, 1/21/2003 & 11/18/2014 Unified Control: See attached Covenant of Unified Control 1 9A SUBMITTED BY AND AGREED TO: Lodge/Abbott Associates LC Lodge/Abbott Investments • .sociates LLC By: Qt,i/ r I By: Edward R.Schonberg,Vice President Edward R. Schonberg, 'ice President 2 INSTR 5052942 OR 5095 PG 908 E-RECORDED 11/18/2014 8:05 AM PAGES 4 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $35.50 EXHIBIT Prepared by and return to: Richard C.Grant,Esquire Grant Fridkin Pearson,P.A. 5551 Ridgewood Drive,Suite 500 Naples,FL 34108 (Space Above This Line For Recording Data] Special Warranty Deed • This Special Warranty Deed made this 12+1"day of Nov+.++0'2014 between LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantor, and LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives and assigns of individual,, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained, and sold to the said grantee the following described land, situate, lying and being in Collier County, Florida,to-wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein(the"Property"). Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. The following restrictions and conditions are hereby imposed on the Property.These restrictions are for the benefit of other lands located to the west of the Property that are owned and retained by grantor. These restrictions may be enforced by grantor and its successors and assigns as owner of the lands to the west now owned by grantor against grantee and successor owners of the Property as covenants running with the land.The restrictions and conditions are: A. (i)grantee shall take and acquire title to the Property subject to current and future zoning for the Property,including that imposed as a result of the Petition(as defined below);(ii)grantee shall take and acquire title to the Property subject to, but shall none the less join in and consent to, that certain Cocohatchee Bay PUD Rezone Petition concerning the Property filed by grantor on or about December 20,2013,with Collier County,Florida,and any and all amendments thereto (the "Petition"); (iii) grantee shall execute any and all necessary forms, affidavits and disclosures required by Collier County to join in and modify the Petition;and(iv)grantee consents to and grants to grantor the right to: (a)withdraw the Petition;(b)modify the Petition; or(c)make concessions to Collier County regarding the Petition,as grantor deems appropriate and reasonable;(v)grantee shall join in and execute any and all necessary forms,affidavits and/or other documents required by the South Florida Water Management District and/or the Army Corps. of Engineers to fulfill the requirements of,or accomplish the purpose of (a)any environmental permit currently benefiting the Property;or(b)required in the future as a result of the Petition or permits submitted by grantor as to the lands located to the west of the Property;and B. If and when the Petition is approved by Collier County, without limiting any other applicable conditions or restrictions imposed by law: (i) grantee may only build, construct or develop single family residences on the Property and may not build, construct or develop any other form of residential housing or make other uses of the Property;(ii)grantee may not build,construct or develop more than sixty-two(62)single family residences on the Property; (iii) grantee may not build, construct or develop any residential structure within that portion of the Property identified as Parcel 6, as legally described herein; (iv) grantee shall abide by all terms and conditions imposed by the Cocohatchee Bay PUD,as amended from time to time;(v)grantee shall perform,fulfill and satisfy, and pay for with its own funds,all commitments,requirements and obligations imposed on the Property and the owner thereof by the Cocohatchee Bay PUD, as amended from time to time, and shall pay to grantor its pro rata portion of the costs and expenses arising from any commitment,requirement or obligation imposed thereby as to the entire property that is the object of the Cocohatchee Bay PUD;and(vi)grantee shall join in(if required by Collier • DoubleTime' OR 5095 PG 909 9A County), and execute any and all necessary documents in furtherance thereof, any future amendment(s) to the Cocohatchee Bay PUD initiated by grantor,solely as to other lands within the Cocohatchee Bay PUD boundaries. C. Grantee acknowledges that Collier County requires that as part of the Cocohatchee Bay PUD,unified control of the development be maintained and grantee agrees to be bound by existing covenants of unified control in favor of grantor. Grantor shall have the right to enter the Property on reasonable notice in order to monitor compliance herewith.Grantor shall have the right to obtain appropriate relief,including but not limited to damages,specific performance and injunctive relief from an appropriate court if any breach or failure to observe any such restriction or condition is not cured within thirty(30) days after written notice from grantor to grantee. In the event that grantee fails to abide by and fulfill all terms and conditions imposed on the Property by the Petition and/or the Cocohatchee Bay PUD,to the extent that such actions or inactions cause delays for grantor or cause grantor to incur costs and expenses it otherwise would not have incurred,grantee shall reimburse grantor for all such costs and expenses.Further, grantee indemnifies and holds grantor harmless against any and all damages or claims which may arise from grantee's violation of the Cocohatchee Bay PUD,as amended from time to time,prior to close out of the Cocohatchee Bay PUD. To Have and to Hold,the same in fee simple forever. Subject also to existing conditions,restrictions,reservations and easements of record and taxes and assessments for all years subsequent to 2013. And the grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantor but against none others. In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year first above written. This deed conveys the Property from the sole member of the grantee to the grantee. As such, only nominal documentary stamps are payable. The subject Property is unencumbered. Special Warrmiry Deed-Page 2 Doublet lme" OR 5095 PG 910 9 A "?t1 1`i"" 7 177= 1 x:51 i"•1n .. --xa.actYVS••tiy r��r.r•,r•-vl�an.- _-...� ,+n ^l�!"S E�•f Signed,sealed and delivered in our presence: LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company ., B . AAA Yv y ,L Wi ':• ame:Hi J tJe.1. (n akQ.r• Edward R Schonberg,Vice ' • ident A./ . • i •Name: .f'`ctre.nn►e _ AT/ ce (Corporate Seal) State of M IC*ICI RA County of W aYNE The foregoing instrument was acknowledged before me this IX day of Novernbir',2014 by Edward R Schonberg,as Vice President of LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,on behalf of the company. He is personally known to me or[ ]has produced a driver's license as identification. e. • [Notary Seal] No 'c !�`, ,r::.ty.:, � Printed Name: AMy Commission Expires: • • a? ••-* WALKER MY tiOAQtNPl�UC.BTATEOFWN sygk r'` . •� # Jome�OJUQMID ?f,17.1 • Special Warranty Deed-Page 3 DoubleTime" *** OR 5095 PG 911 *** 9 A 7177":"';_^7•71-rw.7'.-771' ...rnM rler• va-wL ^F�r'„ EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY "` PARCEL 5 • THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA WHICH LIES WEST OF THE RIGHT-OF- WAY OF U.S.HIGHWAY 41(ALSO KNOWN AS TAMIAMI TRAIL). • Special Warranry Deed-Page 4 DoubloTime' 9 A Y LODGEJABBOTT INVESTMENTS ASSOCIATES LLC OWNERSHIP STRUCTURE ANTHONY ( SOAVE)S 'SOAVE \ TRIDENT MGMT INC. i INVESTMENTS .// MGMT CO.,INC. 7 SOAVE \ TRIDENT ENTERPRISES ) INVESTMENTS LLC LLC TRIDENT -ABBOTT LLC LODGEIABBOTr ASSOCIATES LLC LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC i 9A AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PuDZ-PL201300o1e13 I, Edwwd R Schonberg (print name),as Moe Present (title,if applicable)of 1-0CLeabbod Investments AssociatesLL.0 (company,if a licable),swear or affirm under oath,that I am the(choose one)owner 0 applicant f jcontract purchaserrand that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l authorize War*Arnold to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(LC.), then the documents should typically be signed by the Company's"Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I d ;,tare that I have read the foregoing Affidavit of Authorization and that the facts sta d in it 4iMi 000e411-0 4e ?A Signature Date EA J era R. Sc.Nort6er, STATE OF ELOR OA►M LCHSG.4N COUNTY OF COWER WAYNE The foregoing instrument was sworn to(or affirmed)and subscribed before me on N•vsa6r 11,1414(date)by Edward R.Schonberg (name of person providing oath or affirmation), as \li cc Pr e s i den+ * who is personally known to me or who has produced (type of identification)as identification. - 46 at Ledge/046o*=nvestmtr A ssoel -es L1�` _ ....1__ r . 4 I_.. _ STAMP/SEAL Signature • •otary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF W-a rot_ Ca0e-COA-00115\lSS REV 3/24/14 9 A lop ,. . AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PUDZ-P120130001e13 I, Edward R.Schonberg _ (print name),as vq•P• nt (title,if applicable)of Lodge/Abbas Investment;Aaocsw u.c (company,If a licable),swear or affirm Q under oath,that I am the(choose one)owners ✓ (applicantcontract purchasern(and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 5. We/I authorizeC Gnmt to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or limited Company(LC.), then the documents should typically be signed by the Company's°Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be Identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I dad re that I have read the foregoing Affidavit of Authorization and that the facts stated in i ar r e. O �& 0 4�47,019 Signa re Date 6 Por a R. S CINor,be r qq ck STATE OF FLORIDA Anrc 14 rG.4v COUNTY OF CO1.61E&. WA w/o The foregoing Instrument was sworn to(or affirmed)and subscribed before me on Nereetb« I tylali(date)by Edward R.Schonberg (name of person providing oath or affirmation), as Vic.% Pr%si dent 14 who Is personally known to me or who has produced (type of identification)as identification. n� .� * 0Y 1°oa9a/Abbe.}Zw.14s}wter�tns Assotilitts LLC e . �. . STAMP/SEAL. Sig a of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF vl a�n tr CP\OS-COA-00115\155 REV 3/24/14 9A Co erg`y COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Cocohatchee Bay RPUD (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD)zoning. We hereby designate Richard Gfontond Ware Amid legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control Is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms,conditions,safeguards,and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated Into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms,conditions and safeguards of the planned unit development. LodgwAbbott Associates LLC Lodge/Abbott Inve eats Associates LLC A eitax lining/1g Printed Name • Printed Name Edward R, Sthohberj ,Vice Presider �►wart� R. Sc�enber9 STATE OF E ffif,A)rt'TGt�TGA v Y i c£ Pr C 3 t�ttrrt COUNTY OF CQiel€R)w�1YNF Sworn to(or affirmed)and subscribed before me this )B+ day of November ,201,,.by_E kw ire R... SCiNonbtr who is personally known to me or has produced as 9i fit-44"---- J Not blic (Name typed,printed or stamped) 9/11/2014 MICHELE C WALKER Page 10 of 15 NOTARY PUBLIC,STATE OF M! COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10 1C't ACTING iN COUNTY OF '411he. CO PY Supplement and Amendment to Application for Public Hearing for PUD Rezone for Cocohatchee Bay RPUD-Petition No.PUDZ-PL20130001813 This supplements and amends the referenced Application. The Application for Public Hearing for PUD Rezone concerning the Cocohatchee Bay RPUD was submitted on December 20,2013, and re-submitted with minor revisions on October 3,2014 (collectively,the"Application"),by petitioner,Lodge/Abbott Associates LLC("Lodge/Abbott"). On November 12, 2014, Lodge/Abbott conveyed a portion of the real property subject to the Cocohatchee Bay PUD, specifically parcels 5 & 6,as legally described therein,to Lodge/Abbott Investments Associates LLC ("Investments Associates") by Special Warranty Deed recorded on November 18, 2014 at Official Records Book 5095, Page 908, of the Public Records of Collier County,Florida.A true and correct of the Special Warranty Deed is attached as EXHIBIT A. As provided for in the foregoing deed, and by executing this Supplement and Amendment to Application, Investments Associates hereby joins in and consents to the Application. Lodge/Abbott and Investments Associates hereby supplement the Application as follows: Applicant Information: - Lodge/Abbott Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone: 313-567-7000;Fax:313-567-3912 - Lodge/Abbott Investments Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone:313-567-7000;Fax:313-567-3912 Name of Agents:Richard C.Grant and Wayne Arnold(see attached affidavits of authorization) Disclosure of Interest Information: Name and Address %of Ownership Lodge/Abbott Associates LLC, 3400 East Lafayette Street, Detroit, MI 100 48207(see original application for entity ownership) Lodge/Abbott Investments Associates LLC, 3400 East Lafayette Street, 100 Detroit,MI 48207(see attached organizational chart for entity ownership) Date Subject Property Was Acquired: 10/5/2001, 1/21/2003 & 11/18/2014 Unified Control: See attached Covenant of Unified Control 1 9 A 1-411 SUBMITTED BY AND AGREED TO: Lodge/Abbott Associates LC Lodge/Abbott Investments • -sociates LLC By: UtlitAA By: Edward R. Schonberg,Vice President Edward R. Schonberg, 'ic -sident 2 9A d., INSTR 5052942 OR 5095 PG 908 E—RECORDED 11/18/2014 8:05 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC 0.70 $0.70 REC $35.50 EXHIBIT • N•t t!Nf:a'.MlSwi\S1 h:.�nK..+.y.IGC�ITWY.ra , rrn.r.f.. Tn-.,car,. • ..r,, .e.'.,... ....l+M1Yt>4. a+r.. .r..I ♦ ..oi'a'W iA_• Prepared by and return to: Richard C.Grant,Esquire Grant Fridkin Pearson,P.A. 5551 Ridgewood Drive,Suite 500 Naples,FL 34108 [Space Above This Line For Recording Distal Special Warranty Deed This Special Warranty Deed made this 12+ day of fovtielA r 2014 between LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantor, and LODGFJABBOTT INVESTMENTS ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained, and sold to the said grantee the following described land,situate, lying and being in Collier County, Florida,to-wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein(the"Property"). Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. The following restrictions and conditions are hereby imposed on the Property.These restrictions are for the benefit of other lands located to the west of the Property that are owned and retained by grantor These restrictions may be enforced by grantor and its successors and assigns as owner of the lands to the west now owned by grantor against grantee and successor owners of the Property as covenants running with the land.The restrictions and conditions are: A. (i)grantee shall take and acquire tide to the Property subject to current and future zoning for the Property,including that imposed as a result of the Petition(as defined below); (u')grantee shall take and acquire title to the Property subject to,but shall none the less join in and consent to, that certain Cocohatchee Bay PUD Rezone Petition concerning the Property filed by grantor on or about December 20,2013,with Collier County,Florida,and any and all amendments thereto (the "Petition"); (iii) grantee shall execute any and all necessary forms, affidavits and disclosures required by Collier County to join in and modify the Petition;and(iv)grantee consents to and grants to grantor the right to: (a)withdraw the Petition;(b)modify the Petition; or(c)make concessions to Collier County regarding the Petition,as grantor deems appropriate and reasonable;(v)grantee shall join in and execute any and all necessary forms,affidavits and/or other documents required by the South Florida Water Management District and/or the Army Corps. of Engineers to fulfill the requirements of or accomplish the purpose of(a)any environmental permit currently benefiting the Property;or(b)required in the future as a result of the Petition or permits submitted by grantor as to the lands located to the west of the Property;and B. If and when the Petition is approved by Collier County, without limiting o y other applicable conditions or restrictions imposed by law: (i) grantee may only build, construct or develop single family residences on the Property and may not build,construct or develop any other form of residential housing or make other uses of the Property;(ii)grantee may not build,construct or develop more than sixty-two(62)single family residences on the Property; (iii) grantee may not build, construct or develop any residential structure within that portion of the Property identified as Parcel 6, as legally described herein; (iv) grantee shall abide by all terms and conditions imposed by the Cocohatchee Bay PUD,as amended from time to time;(v)grantee shall perform,fulfill and satisfy, and pay for with its own funds,all commitments,requirements and obligations imposed on the Property and the owner thereof by the Cocohatchee Bay PUD, as amended from time to time, and shall pay to grantor its pro rata portion of the costs and expenses arising from any commitment,requirement or obligation imposed thereby as to the entire property that is the object of the Cocohatchee Bay PUD;and(vi)grantee shall join in(if required by Collier DoubleTime` OR 5095 PG 909 9 A County), and execute any and all necessary documents in furtherance thereof, any future amendments) to the Cocohatchee Bay PUD initiated by grantor,solely as to other lands within the Cocohatchee Bay PUD boundaries. C. Grantee acknowledges that Collier County requires that,as part of the Cocohatchee Bay PUD,unified control of the development be maintained and grantee agrees to be bound by existing covenants of unified control in favor of grantor. Grantor shall have the right to enter the Property on reasonable notice in order to monitor compliance herewith.Grantor shall have the right to obtain appropriate relief,including but not limited to damages,specific performance and injunctive relief; from an appropriate court if any breach or failure to observe any such restriction or condition is not cured within thirty(30) days after written notice from grantor to grantee. In the event that grantee fails to abide by and fulfill all terms and conditions imposed on the Property by the Petition and/or the Cocohatchee Bay PUD,to the extent that such actions or inactions cause delays for grantor or cause grantor to incur costs and expenses it otherwise would not have incurred,grantee shall reimburse grantor for all such costs and expenses.Further, grantee indemnifies and holds grantor harmless against any and all damages or claims which may arise from grantee's violation of the Cocohatchee Bay PUD,as amended from time to time,prior to close out of the Cocohatchee Bay PUD. To Have and to Hold,the same in fee simple forever. Subject also to existing conditions,restrictions,reservations and easements of record and taxes and assessments for all years subsequent to 2013. And the grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantor but against none others. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written This deed conveys the Property from the sole member of the grantee to the grantee. As such,only nominal documentary stamps are payable. The subject Property is unencumbered. Special Warrar,ry Dad.Page 2 DoubleTlme` -OA OR 5095 PG 910 9 A ..„.„, , „...„:„„,. ,..., ..,,,,,...„,..„.„,„...„,.........„,„ .r.‘,.:,:,,,:„.„,..„,:„...„ i.,.....,.._7::"7.,.."1,4"'"':7.7.'1 T"Fir'''.T7''-711 . ,.. Signed,sealed and delivered in our presence: LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company By 1 i WitliaLtName:ifti.c.W.S.LLiklitikier Edward R.Schonberg,Vice ', 'dent / i Name: •rit IA PM e Ggelida42 e e • - . , (Corporate Seal) State of M I C4I I GiAA County of 14 Ai N G. . 4:k The foregoing instrument was acknowledged before me this a day of NoirtAitse,2014 by Edward R.Schonberg.as Vico President of LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,on behalf of the company. lie.is personally known to me or[ ]has produced a driver's license as identification. eiZLJ • 90-1-1 --- ' [Notary Seal] . No b'c . ilx„• , Printed Name: v ";z4,,,,,?:•,t:011,;;;P:„.ii,1... I My Commission Expires: :5 ;,:..,.,;•,.:;:,-.-4.,,A„,..., U lg.•:,..PE...:1;;;:'eJ"ttl 14.%:. • 7-:= .`"t -, ;, 1...:rf .:-4 s. .1. MICHaE C WAL.KIER rr.,:.:4 x.,:,:i.:•:11::,4. NarAllY NSW.ErrATE ce kg 1"....-11e,.,.,... ... .„DI,Ai .•4, COUNyy op mum) r'r:,i.4 ri..,1-5.i '', :S4skteC • my COMMON ACTING EXPRES Jun 10,2018 IN COUNTY OF • - 't,.2,. • ;,-,-,A.-i7. W33 he_ -: ....-, :,?,'• • . . • Special Warranty Deed-Page 3 DoubleThre 9A*** OR 5095 PG 911 *** t•f--?-sy.y .,:...-, ,.e•�c:-fev.:. /.-.�.:[.+-.io-+'!•?•wr•-5 r-r-;r:.�_ _ ...... .. .'�'•:.,J '�+�'�.. ... <:'-°.'sal t""._�... . i_: '1 .._ .:°'".'.'iC='-9.^.T ��•.,,:;.n,� •p:.,o,,�+,..,_.,�...io.,. EDIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54.FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA WHICH LIES WEST OF THE RIGHT-OF- WAY OF U.S.HIGHWAY 41(ALSO KNOWN AS TAM AMI TRAIL). Special Warranty Deed-Page 4 Doublelime" oaoi _-..t-♦.v...•:.r. ..1et:CV. .�rtK.•.^Z ..vc�+,ar 1Y.f'.•�-" +.a.Yev.1f.-....1 ♦IC.:v'4•:.e•... •..:.crs—Jn rla:t4:ita�.1y.a- .,:m.yG . :.ata..i.�. r .r..• LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC OWNERSHIP STRUCTURE ANTHONY V GEUQUE 8 SOAVE ANDREA SOAVE SOAVE TRIDENT KTMGMI IN MGMT CO., INC. SOAVE TRIDENT ENTERPRISES INVESTMENTS LLC LLC TRIDENT -ABBOTT LLC LODGE/ABBOTT ASSOCIATES LLC LODGEJABBOTT INVESTMENTS ASSOCIATES LLC AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PUDZ41-2013J"31813 I, Eaw.ro R.Sahonbev (print name),as vm Pramd•nt (title,if applicable)of LadgelAbbott i Associefse u.c (company, If a livable),swear or affirm under oath,that I am the(choose one)owners applicant Jcontract purchaser and that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize warmAnloid to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.Ares.or v.pres. • if the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's'Managing Member.' • If the applicant is a partnership,then typically a partner can sign on behaif of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner'of the named partnership. • If the applicant is a trust,then they must include the trustee's name and the words'as trustee'. • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I d ,tare that I have read the foregoing Affidavit of Authorization and that the fa sta din it are oiooettioiA lei Signature Date Edtwe.r■?■ R. Sc on6 rq STATE OF ELORIDA!sticky-A,Iti COUNTY OF COINER(MYNE The foregoing instrument was sworn to(or affirmed)and subscribed before me on Novtr+ber I 201q(date)by • R.Schonberg (name of person providing oath or affirmation), as Vice. Pr e s i 4 en+ * who is personally known to me or who has produced (type of identification)as identification. ,--- et Lc•13t/A1,130t}=nvesttinents A ssot.ta}es l.1 . , A , I L 1—■ STAMP/SEAL Signature • •otary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF Wane_ CP108-COA-001151155 REV 3/24/14 .—.^sitt.W,tS ,�..e.;t,1 r.�.. C .--ter.•.• -It. ..-vnvr.•.as_i.rrn, ••ILt.��-- :s Z t%..tip-mot ::. c•t t._.....v-.^ce!s.�:a• ft.:'..�.v . - \._,. t:..1L<_. 9 A AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMSERS(S) Pu0Z-PL20130001813 I, Edward R.Schonberg (print name),as woe Pr•'i• (title,if applicable)of Ledge/Abbott W WTIenb;A.ud t.I U.0 (company,If applicable),licable),swear or affirm f under oath,that I am the(choose one)owner) ✓ I appllcant "contract purchaserrland that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeGGrant to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation,then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited liability Company(L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee". • In each instance, first determine the applicants status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I dec re that I have read the foregoing Affidavit of Authorization and that the facts stated in ar e. QV4t Si gn: re q Date } Ea aWrA R. SC41ot�p$rs5 STATE OF FL-GRIOAli1C z6 4 COUNTY OF CD1.1:1.6R-w•4Y" The foregoing instrument was sworn to(or affirmed)and subscribed before me on iJev,Mbtr 1 T,2 (i date)by Edward Ft.Schimberg (name of person providing oath or affirmation), as vivo Pr is i dc.++ * who Is personally known to me or who has produced (type of identification)as identification. n f�- soar l_oigt/Abbdi}'Znvtstl'�'1ents Assoei16..5 LLC '�}/ -4� Q • VY�_ STAMP/SEAL Sigriakize.of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2019 ACTING IN COUNTY OF V1.61 • CP108-COA-00115\155 REV 3/24/14 _....,. M +Si.... cRRM dal �iM•sSfCeti'.. .i..i.T�fcivri...T .+♦ . ..� ...a�.�Y-_ssc.i 3rlr....l.�-_v_�c rY_i .aM1.h� i. .:a C.ea.i�acc'eA'J U'�-.��Z� �b.'ler•'eC•.s� 9A Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Cocohatchee Bay RPUD (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Reaidendel planned unit development (R PUD)zoning. We hereby designate RihutIG.Mard Wm•Amwd, legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist In the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control Is delivered to Collier County. The undersigned recognize the following and will be guided accordingly In the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms,conditions,safeguards,and stipulations made at the time of approval of the master plan,even if the property is subsequently sold In whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought Into compliance with all terms,conditions and safeguards of the planned unit development. Lodge/Abbott Associates LLC Lodge/Abbott Irw. • Associates LLC A katPrinted Nagle Printed Name EAvv rd K. SG1notNI, �Vj es�aer� Ea,war� (�. Scl,orbQr� i C @. Qv-t g . STATE OF Ems)payLr/r6 4 n� COUNTY OF C0tLi6R) YNr I. Sworn to(or affirmed)and subscribed before me this 14+ day of Nownber 2018.by Ea,W 1ir R.. 5 e6nbe.r who is personally known to me or has produced as/ � identification. J Nota blic (Name typed,printed or stamped) 9/11/2014 MICHELE C WALKER Page 10 of 15 NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10 201b ACTING IN COUNTY OF N a�h� CO P'Y Supplement and Amendment to Application for Public Hearing for PUD Rezone for Cocohatchee Bay RPUD-Petition No.PUDZ-PL20130001813 This supplements and amends the referenced Application. The Application for Public Hearing for PUD Rezone concerning the Cocohatchee Bay RPUD was submitted on December 20,2013,and re-submitted with minor revisions on October 3,2014 (collectively,the"Application"),by petitioner,Lodge/Abbott Associates LLC("Lodge/Abbott"). On November 12, 2014, Lodge/Abbott conveyed a portion of the real property subject to the Cocohatchee Bay PUD, specifically parcels 5 & 6, as legally described therein,to Lodge/Abbott Investments Associates LLC ("Investments Associates") by Special Warranty Deed recorded on November 18, 2014 at Official Records Book 5095, Page 908, of the Public Records of Collier County,Florida. A true and correct of the Special Warranty Deed is attached as EX>O 3IT A. As provided for in the foregoing deed, and by executing this Supplement and Amendment to Application, Investments Associates hereby joins in and consents to the Application. Lodge/Abbott and Investments Associates hereby supplement the Application as follows: Applicant Information: - Lodge/Abbott Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone: 313-567-7000;Fax: 313-567-3912 - Lodge/Abbott Investments Associates LLC o 3400 East Lafayette Street,Detroit,Michigan 48207 o Telephone:313-567-7000;Fax: 313-567-3912 Name of Agents:Richard C.Grant and Wayne Arnold(see attached affidavits of authorization) Disclosure of Interest Information: Name and Address % of Ownership Lodge/Abbott Associates LLC, 3400 East Lafayette Street, Detroit, MI 100 48207(see original application for entity ownership) Lodge/Abbott Investments Associates LLC, 3400 East Lafayette Street, 100 Detroit,MI 48207(see attached organizational chart for entity ownership) Date Subject Property Was Acquired: 10/5/2001, 1/21/2003 & 11/18/2014 Unified Control: See attached Covenant of Unified Control 1 9 A SUBMITTED BY AND AGREED TO: Lodge/Abbott Associates LC Lodge/Abbott Investments .sociates LLC By: °OA A/I B, • LI Edward R. Schonberg,Vice President Edward R. Schonberg, 'ice President • 2 INSTR 5052942 OR 5095 PG 908 E-RECORDED 11/18/2014 8:05 AM PAGES 4 9A DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc0t.70 $0.70 REC $35.50 EXHIBIT .� `ttf.�..iiCa R[, t...C—.+.i...001f�..-....aV t.,r.rNJ^'r '...fa R'.• tot-rC ....t+. �....+...\ytpt p.�M.�.1•v.. ....snug... f... Prepared by and return to: Richard C.Grant,Esquire Grant Fridkin Pearson,P.A. 5551 Ridgewood Drive,Suite 500 Naples,FL 34108 (Spam Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this (2+1,day of ttovemivir 2014 between LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantor, and LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC,a Michigan limited liability company,whose post office address is 3400 Lafayette Street,Detroit,MI 48207,grantee: (Wbmever used herein the tams grantor and grantee Include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporation;trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby aclmowledged,has granted,bargained, and sold to the said grantee the following described land,situate, lying and being in Collier County, Florida,to-wit See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein(the"Property"). Together with all the tenements,hereditament and appurtenances thereto belonging or in anywise appertaining. The following restrictions and conditions are hereby imposed on the Property.These restrictions are for the benefit of other lands located to the west of the Property that are owned and retained by grantor. These restrictions may be enforced by grantor and its successors and assigns as owner of the lands to the west now owned by grantor against grantee and successor owners of the Property as covenants running with the land.The restrictions and conditions are: A. (i)grantee Shall take and acquire title to the Property subject to current and future zoning for the Property,including that imposed as a result of the Petition(as defined below);(ii)grantee shall take and acquire title to the Property subject to, but shall none the less join in and consent to, that certain Cocohatchee Bay PUD Rezone Petition concerning the Property filed by grantor on or about December 20,2013,with Collier County,Florida,and any and all amendments thereto (the "Petition"); (iii) grantee shall execute any and all necessary forms, affidavits and disclosures required by Collier County to join in and modify the Petition;and(iv)grantee consents to and grants to grantor the right to: (a)withdraw the Petition;(b)modify the Petition; or(c)make concessions to Collier County regarding the Petition,as grantor deems appropriate and reasonable;(v)grantee shall join in and execute any and all necessary forms,affidavits and/or other documents required by the South Florida Water Management District and/or the Army Corps.of Engineers to fulfill the requirements oty or accomplish the purpose of(a)any environmental permit currently benefitting the Property;or(b)required in the future as a result of the Petition or permits submitted by grantor as to the lands located to the west of the Property;and B. If and when the Petition is approved by Collier County, without limiting any other applicable conditions or restrictions imposed by law: (i) grantee may only build, construct or develop single family residences on the Property and may not build,construct or develop any other form of residential housing or make other uses of the Property;(ii)grantee may not build,construct or develop more than sixty-two(62)single family residences on the Property; (iii) grantee may not build, construct or develop any residential structure within that portion of the Property identified as Parcel 6, as legally described herein; (iv) grantee shall abide by all terms and conditions imposed by the Cocohatchee Bay PUD,as amended from time to time;(v)grantee shall perform,fulfill and satisfy, and pay for with its own funds, all commitments,requirements and obligations imposed on the Property and the owner thereof by the Cocohatchee Bay PUD, as amended from time to time, and shall pay to grantor its pro rata portion of the costs and expenses arising from any commitment,requirement or obligation imposed thereby as to the entire property that is the object of the Cocohatchee Bay PUD;and(vi)grantee shall join in(if required by Collier DoubleTime16 OR 5095 PG 909 9 A County), and execute any and all necessary documents in furtherance thereof any future amendment(s) to the Cocohatchee Bay PUD initiated by grantor,solely as to other lands within the Cocohatchee Bay PUD boundaries. C. Grantee acknowledges that Collier County requires that,as part of the Cochee Bay PUD,unified control of the development be maintained and grantee agrees to be bound by existing pQvenants of unified control in favor of grantor. Grantor shall have the right to enter the Property on reasonable notice in order to monitor compliance herewith.Grantor shall have the right to obtain appropriate relies;including but not limited to damages,specific performance and injunctive relief; from an appropriate court if any breach or failure to observe any such restriction or condition is not cured within thirty(30) days after written notice from grantor to grantee. • In the event that grantee fails to abide by and fulfill all terms and conditions imposed on the Property by the Petition and/or the Cocobatchee Bay PUD,to the extent that such actions or inactions cause delays for grantor or cause grantor to incur costs and expenses it otherwise would not have incurred,grantee shall reimburse grantor for all such costs and expenses.Further, grantee indemnifies and holds grantor harmless against any and all damages or claims which may arise from grantee's violation of the Cocohatchee Bay PUD,as amended from time to time,prior to close out of the Cocohatchee Bay PUD. To Have and to Hold,the same in fee simple forever. Subject also to existing conditions,restrictions,reservations and easements of record and taxes and assessments for all years subsequent to 2013. And the grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantor but against none others. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. This deed conveys the Property from the sole member of the grantee to the grantee. As such, only nominal documentary stamps are payable. The subject Property is unencumbered. Special Warranty Dud-Page 2 Doubfel ime" OR 5095 PG 910 9 771Tn.71:1777.7 1777.7:77 7,775..7r•"1"VI ' ":".",7n71 I''' 1 77-4-7,,..-FFR,77 Signed,sealed and delivered in our presence: LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company By ame: JJa. a. hikSt- Edward IL Schonberg,Vice ' • Name: spe..44.nne c., ' 1'ee (Corporate Seal) State of )41e.illAikt County of W AYNIE. The foregoing instrument was acknowledged before me this P. day of Nevt.x4tre,2014 by Edward It Schonberg,as Vice President of LODGE/ABBOTT ASSOCIATES LLC,a Michigan limited liability company,on behalf of the company. He is personally known to me or[ ]has produced a driver's license as identification. rj-44— t/11-1-L.) • T --- [Notary Seal] No,3 • ,6%1v-iL,.s.70„ Printed Name: if(1.411 e. ii,t4t My Commission Expires: .T.#71.04•4:' • • ,• •••••,1•4. •4* .• 110ELE WAUaiFt I 1;4": NOT PRY PUBuCs STATE OF LI 'PT4'V COLINT:Y OF°Mum ' ,;- atY COMMON WIRES Jun 10 2o • • If ACTING 0.J CONN OF 18 Waj • Special Warranoi Deed-Pup 3 DoubleTtme *** OR 5095 PG 911 *** 9 A p-r.re-!sr.+7' .,.�.r•.....,-...,R�t.:a,-• -Kr:77--":"yet- r.� ..�..,._ ta.^.r•..;":7-YI-v4-?— —' - -'="c a-rA t. EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCELS TICE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER R COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 26834 FEE ) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA WHICH LIES WEST OF THE RIGHT-OF- WAY OF U.S.HIGHWAY 41(ALSO KNOWN AS TAMIAMI TRAIL). • Special Warranty Deed-Page 4 DoubieTIme I li t=_t{-$*sl:• ^5... ..•.t\JC:1'1' 1 ..9i1n.. a'{+Elti:..^+(.f .`.a s- .+.a . c.Kees}V4:."a•1 F•CY't:91t. .::ait�.s.7n Tli'Yiat �.ro.r •.1Rl ltlfJ .. itfYt.'a 'lvs--- LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC OWNERSHIP STRUCTURE ANTHONY ANGELIDUE& SOAVE ANDREA SOAVE SOAVE TRIDENT \ MGMT INC. INVESTMENTS MGMT CO.,INC. SOAVE TRIDENT ENTERPRISES INVESTMENTS LLC LLC TRIDENT -ABBOTT LLC LODGEIABBOTT t ASSOCIATES LLC I LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC 9A AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PUDZP20130301e13 I, Edward R.sdwnb.tw (print name),as vice"'MIA (title,if applicable)of v .+u.c (company, If a licable),swear or affirm under oath,that I am the(choose one)owner CI applicant contract purchasernand that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal waking hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/i authorize wen*mod to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • if the applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. • if the applicant is a Limited Liability Company(L.L.C.) or Limited Company(LC.), then the documents should typically be signed by the Company's Managing Member.' • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner'of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee. • in each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I d care that I have read the foregoing Affidavit of Authorization and that the facts sta din it are 4 1 v JOueM ) y Signature Date • Edv4era R. St3,oni:• rg STATE OF FLORIDA u iFcyiv 4A. COUNTY OF Cal:14ER w.4/A/E. The foregoing instrument was sworn to(or affirmed)and subscribed before me on •wt*btr i ,2al'i(date)by Edward R.Schimberg (name of person providing oath or affirmation), as yi c e. Qr e s i den♦ x who is personally known to me or who has produced (type of identification)as identification. • e4 ledge//�bbo-1}=nvesfir►en1S Assot'�a}es LL e.. / 1� STAMP/SEAL Signature • ,otary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MYCOMMiSSiON EXPIRES Jun 10,2018 ACTING IN COUNTY OF VJ'ayn f= CP108-COA-00115U55 REV 3/24/14 .._�i sssu• �....,.r....�.o�:::(....._ .+,......_ay..••n_::i-n, ..6y._rv_. .n_c_��._.._.♦ ::..... ..::o-.....av cic.sl..i „V_..'wws.. •...RAJ 9.tA._T'R: AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PUD2-P120130001813 I, Edward R.""dionberg (print name),as VI°PRCld"( (title,if applicable)of Lodge/Abbott Hvesunants Am.:etas LLC (company,if applicable),licable),swear or affirm under oath,that I am the(choose one)owners applicant=contract purchaserrland that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Main'GGiant to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation,then it is usually executed by The corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(LC.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be Identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I decl re that I have read the foregoing Affidavit of Authorization and that the facts stated in are e. QJAAMt � o v,�+ ,�, t`1 Sign ure Date EaWbra R. 5t.Kco►be, STATE OF Fit9RIBA0,17;CH=G4., COUNTY OF CD1.6If.R-+d 4 yN The foregoing instrument was sworn to(or affirmed)and subscribed before me on(J•rlMfrir I Tj2PIi(date)by Edward R.sdro,berc (name of person providing oath or affirmation), as Pr tS1 dtyi+ A who Is personally known to me or who has produced (type of identification)as identification. n,� • o� Lod9a�Abbe.�} Znvtstwten1-'s Assotiats LLC �.� C •. vY SIAMP/sEAL Sig a of Notary Public MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF W44 n t, CP108-COA-00115\155 REV 3/24/14 _ .. .,v.r. uvw c.r_a vr. ran.5+ ...ueaarr.. r r e • usu cisu.a .TJ .ttt.�.<_ x-: . :+t. . +.51«v�.�cr:a1__a:—c:, 5_ucrr..s s.. 9A Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(2.39)252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Cocohetchee Bay RPUD (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Resident"( planned unit development (R PUD)zoning. We hereby designate Weed Grist andwayn.Amold, legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. • The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms,conditions,safeguards,and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms,conditions and safeguards of the planned unit development. Lodge/Abbott Associates LLC Lodge/Abbott ants Associates LLC katPrinted Name , v'`C preai `_ Printed Name Eawark, )�. SC�ersberQ Eaw'rra R. SONohber r crier+ STATE OF 1 A t Pre S de Yrt )r zGtisc4.v COUNTY OF COlkffiR)w yvr- Sworn to(or affirmed)and subscribed before me this )$* day of November 2014.by E sk■ air a R.. S nbe.r.3 who is personally known to me or has produced as identification. A Nota blic (Name typed,printed or stamped) 9/11/2014 NOTAMICC MICHELE WA OF MI Page 10 of 15 COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF W i�� ..b 9A Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 • www.coliierctov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as coco,.(die.BY PU0 3400 Lafayette Street Detroit,Michigan 48207 (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Mi<educcRea1deatld planned unit development ( PUD) zoning. We hereby designate nt andwayne nmeld, legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications,plans,surveys,and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. • 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards,and conditions of the planned unit development,seek equitable relief as necessary to compel compliance. • The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Le.dietWo t■ssoctaks Luc. Owner Owner 43.4,�.eh.� Printed Name Printed Name Nta tt t.eu ti4, • eavta(e.r STATE OF FettA4=4)M I C I4 MAN COUNTY OF COLLIER)W Ay N E Sworn to(or affirmed)and subscribed before me this I day of Ilk et... tr ,NO_by Yaft 1_.L vi n who is personally known to me or has produced as identification. C- MICHELE C WALKER Notary `ublic NOTARY PUBLIC,STATE OF MI (Name typed,printed or stamped) COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10.30,24 February 4,ZOl 1 ACTING IN COUNTY OF 1nlay„e • 9A .01110 $gifrjy5yjjnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR(Street Name Change) El LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) El OTHER PUD AMENDMENT LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) See attached property printouts T28 R25 S8,16,17,20 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) Please see attached list STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# AR-7909 91\ 9Lconty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: [U Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME Sharon Umpenhour PHONE 239.947.1144 FAX 239.947.0375 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY I FLN Number(Primary) SQQ d� o,C4e0( Folio Number Folio Number Folio Number / Approved by: v6&-r � s-r Date: 7 Updated by: _ Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 9A Cocohatchee Bay MPUD Amendment List of Folio Numbers Folio Number:00141960009 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00142240003 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00154680004 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:13640 VANDERBILT DR Folio Number:00155884207 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00155920006 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00156120009 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00156400004 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS Folio Number:00156680002 Name:LODGE ABBOTT ASSOCIATES LLC Street#&Name:NO SITE ADDRESS ... 9 t ,04 LEE COUNTY DOA MACH RoAO tcx etn f Lily 9MEEOOT t ip- rlir eVCO �i ��I - vT116 CONDO 1... ! _ t MOOT OM La? ROAIA y SHORE CF c5 9ARp00( I5 J MAUI p L�-� C Auweon a norm Mules COUNTRY RESEARCH CiNOIOCI PAW LEE COUNTY 'u''' IV AVOUEDN - xNAPUAa �µc I COUNTRY- BAY NJ9 9 Sl ill s/o aVB VC041SRRA I 8 EDREST 'r- ' PROJECT i� ,o n 4/. NAy,GA ,,,E LOCATION Sin and AEREAT VGOON oU1 ,, OR:BAY VILLA2 rTADE � / YAMOAa�IlA 7 �� yNiWR4 7 - Y�'ic. J/l// /..//' . T _/ =VORPAIS Yf S WAAlM00D �1jj55(/Tff// %.s•/,: ACC/ wraau' US-41 POSTFIS .I��:.. /_ ___ PASS 110AD _� 14 17: :///�\ r.0.Ob C 15 CASREWODO •/, III/ ..r __ \ AT YPQO D Y / /I� MOYHS y IVPFAK MODS ASS il'q j�j/ i BAY COMM L=T All 9 TR OIA !j Y ,� �CAI/Clf TIJaAY1 P!tofLS9WTA IS/ COMP 'i1 uu z:1=OLI LT cr'. MMm 23 o 2,�� 6 , MAPIIf PII'p1 MO. ,7. TRACT 71 i M�Z II 1t01CIL 14DICA1•. - r - 21 T'u SM gEOE. RAP {{ rai DEt£DEW"' K BROAD OI R 1 COMMISf PAW a �. ma �O� �{�pC r NORM4 COSAIRV ', 00181 r„, rJREY TION/R■S MtE ST.JON MX"( PARS YOLAf EI[EVANSEUST M'S WMUC CRIRIN 0MX MUMS N MACE COMA 'MMOFPDLr - 28 27 I. DEA. - MANSES P STONER.ORE• ESTATES 1 - -.-WASH 1 i .1. PROM \9 or ma 4 n ' i PA'AIOM YEIAUA .'n O YAwt 0 V'WR7FRB47 34 R O 32 eGCn AMO o 35 33 IIOLLWEEE�S.R VARHA LAM 1---33-4. tl[3 VDC1W1 \� PLAYA 1,0..11. I El, PECICAM TTT ro D MAYDAY Y Y PM I _-_ 8 9A . . ' 2867298 OR: 2904 PG: 0172 • C 1111 li OfllClIll< CI U al 09911CCOUlI, It • Property dific Appraiser's COu )111010.11 PralWanittwionr1o.00154680D04, etc. in Igt 21.9 This ins inset was prepared DOC•,Tn 111001.80 without review opinion of title by Iota: Lim H.Stamen cur tuna fl IL��' k Jo nio f5S1 imam 1I 191 Wilson A Johnson,South IIILJI It 31111 821.FiM Avenue South Naples,Florida 34102 (94 1■2bl•9300 iSmre shove this In for rerordinv dstat SPECIAL WARRANTY DFFD THIS SPECIAL WARRANTY DEED,made the Ltday of October,2001,by A.L.Dougherty Co.,Inc..a Delaware Corporation,whose post oilier address is Suite 200J Town Centre,2 East Main Street,Danville,IL 61832 (singularly or collectively "Grantor"), to Lodge Abbott Associates. LLC,a Michigan limited liability • company, whose post office address is 3400 E,Lafavette,netroit,a1 48207(singularly or collectively • "Grantee"): (Wherever used herein,the terms"Grantor"and"Grantee"include all parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) WI NESSETII: That the Grantor,for and in consideration of the sum of Ten Dollars($10.00)and other valuable considerations,receipt of which is hereby acknowledged,hereby grants,bargains,sells,aliens,remises. . releases,conveys and confirms unto the Grantee,all that certain land situated in Collier County Florida,viz: See Exhibit"A"attached hereto and made a part hereof TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the sOcifii--P p ,� • AND,the Grantor hereby cm min with said Grantee that t Gra for is lawfully seized of said land in fee simple;that the Grantor has g rig t r�tdiswfuLaut 3Lorj to se an• convey said land;that the Grantor hereby fully warrants the title to id d n )ll)e nd t same a:sin the lawful claims of all persons claiming by,through or under the id jtcr it •i:n.• . .I• :11 umbrances,except taxes for the cumnt and subsequent years, •nin s c ,n•.I •• e• •y gov mmental authority, restrictions, easements and reservations as des.•. bi t.1`cd _t. an• rporated by this reference. IN WITNESS WHEREOF, . ..tor has signed and ed t is the day and year first above written. `p� O Signed,Sealed and Delivered as Off,').,� •``SG to Each Grantor in the Presence of: '•f7 E. Ci-Y C A.L.Dougherty Co.,Inc. a Delaware Corporation i WOI • `--- By: • f1 U(7- . Witness Name: Az.-1 ( role 5s- Phyllis K. • President Witness Name:id f!,y,eve -f .$<,tr.� • (Corporate Seal) • State of U ILi,,. . County of pM.,.Gt. • The foregoing instrument was acknowledged before me this of day of October. 2001 by Phyllis K. Dough . as President of A. L.Dougherty Co.,Inc.,a Delaware.Corporation,on behalf of the corporation. She b,dis persorally known to me or U has produced ,/ ` �a-s identificaation. .'Pu�.[._•�tl�?�L��4trc '.L........ . .._. [Notary Seal) Notary lic . Printed Name: 6.#4/1,tt 5....c�1 Ortt11/f 'o' 'AL CYNTHIA i STA/ MALT • _ ,My Commission Expires: 3' G t'')) NOTARY MUM PAR Of LLaoOta ' in COM*Iatat`s►alta 54640E4 .• ., v A OR: 2904 PG; 0173 ` . EXHIBIT A DOUGHERTY LANDS NORTH OF WIGGINS PASS LANDINGS V.3 PARCEL 1 The Southerly 548 feet of a tract of land lying in Section 8.Township 48 South,Range 25 East.Collier County.Florida.said tract being described as: Beginning at the Southeast Corner of Government Lot 4,said Section 8. R Book 4' Pagc(sho(shown in through or as O.R. S 88'26'40" W in O.R. Book 68. Page 235; Book 167.Page 692;O.R. Book 218,Page 484;hereinafter cited as Official Records), along the South line of said Government Lot 4 and the Westerly prolongation of said South line,for 776.71 feet,to an intersection with an agreed boundary line as recorded in O.R. Book 87, Pages 439 through 447 (Surveyor's note: Although O.R. Book 167,Page 692 and O.R.Book 218,Page 484 indicate that the agreed boundary line is found in O.R. Book 68.Page 235,the bearings and distances are in effect those recited in a later exchange of Quit Claim deeds O.R. Book : .es 439 0throu along 7),of t Public Records ncf for Collier County,Florid• o t' . ••• • greed boundary line.for 961.43 feet 300 feet;thence run '� (shown in error as 13 t net in the Offtc% ° • ds);thence run N 67'30'00' W.along said agreed boun 'rice for 1397.99 feet(s'm r'i N 22'30'00'9 .01 feet in in the Official Official Records); clone ru '3'�u for 9 .72 ctt;thence run North,along said Records), rid sti ag . , on ith the Westerly prolongation of agreed North line l m 'e .t • u, 8 the ce run N 00'08'53' E(shown in the r as o ne ' rn en• • •s.o , 9. 2 t• thence S 59'00'00" E, for 815.68 error as North' ff •f the North tint of said feet;to an tntc o P %. prolongation and along Government run N 89'12 ?y"E.- o• d Westerly p g the North line o '' Governrrtent Lot .,•r 'sr : eet to the Northeast corner of said Government Lot ., a run S 00'23'10 •n: t East line of said Government Lot 3 and said Govern 4,for 2744.30 tt• t e Point of Beginning. Plus any land added dr.re �` csr04 t' °r 'coon,and less and except any land lost therefrom by submergence or crar�33lo . PARCEL 5 'tango 25 East,Collier County. The Northwest 1/4 of Section 16 inlTowrfts Township for State,Roads S-865A(also known as Florida,excepting therefrom the rights-of-way Vanderbilt Drive)and S-865B (also known as Wiggins Pass Road). PARCEL 6 That pan of the Northerly one-fifth(being more particularly described by accurate survey as the North 268.54 feet)of the North 1/2 of the Northeast 1/4 of Section 16,Township 48 South,Range 25 East,Collier County,Florida,which lies West of the right-of-way of US Highway 41 (also known as the Tamiarni Trail). PARCEL 7 The East 1/2 of the Northeast 1/4 of Section 17.Township 48 South,Range 25 East, Collier t excepting Southeast Southeast N orheas1/4 and excepting therefrom the right-of-way of State Road 865A(Vanderbilt Drive). 9 OR: 2904 PG: 0174 I . . any land added thereto by accretion or retiction,and less and except any land lost Plus y y therefrom by submergence or erosion. PARCEL 8 Beginning at the Southeast corner of Section 17,Township 48 South.Range 25 East, Collier County,Florida,run N 89'54'20' W, along the South line of said Section 17, for 2839.52 feet to an intersection with an agreed boundary line as recorded in O.R. Book 68. Page 235 through 250 of the Public Records of Collier County.Florida; thence run N 01'30'05'E,along said agreed boundary line, for 1298.70 feet(shown in error as 1300.00 feet,in O.R. Book 68.Page 235 and O.R. Book 167.Page 642 hereinafter cited as Official Records); thence run N 30'00'00' E. along said agreed boundary line,for 800 feet; thence run N 05'00'00" W.along said agreed boundary tine,for 1480 feet;thence run N 29'11'40-W,along said agreed boundary line,for 1957.41 feet,to an intersection with the Westerly prolongation(I'the North line of said Section 17;thence run N 88'24'40" E (shown in error as N 88'26'40' Official Records),along said North line for 3449.51 feet,to the Nor i+ ?•t►• . ection 17;thence run S 00'27'30" E,along the East lint of said S , t5r 26' a shown in error as 2689.35 feet in the t Official Records), o t quarter come 7 eh run S 00"26'00'E(shown in error as S 00'26'00'W in e ficial Records),along e t line of said Section 17,for 2584.65 feet,to the Poin of g i' EXCEPTING I RE OM(1)the East 1/2 of the Northeast 1/4 th Northeaal • •f the .utheas 11 (7)the Northeast 1/4 of the Southeast 1/4 •.ut•t .1 -•.; ' - • 17 and excepting the right•of•way for State Road -8.• • (Va d rh It a I �. cc.tin that portion of the Southeast 1/4 of the Southe • . a ci•t e t 1` of on 1;� ownship 48 South, Range 25 East,described v . 's: Fr. the •• . +comet the Southeast 1/4 of the Southeast 1/4 of the Southca /4 of Section 17, .. 8•'5 IS W,for 50 feet,to the Point of Beginning; the rtc'' t S 89'53'18"W,fo :• 6 fas.to a point on Bulkhead Line as shown on plat the o - orded in Bulkhead �P.t�f Book 1.Page 7,of the Public Records of Collier s orida; then • •1'l t'03"W,for 133.10 feet,along said Bulkhead Line;thence ` a..'• .. .r) ■ feet;thence run N 89'53'18"E.for 275.72 feet,to a point on t-16-: Ja -' ay Line of State Road S-865A(Vanderbilt Drive);thence run N 00'26'00" . or 220 feet.to the Point of Beginning. Plus any land added thereto by accretion or reliction,and less and except any land lost therefrom by submergence or erosion. PARCEL 9 That portion of the Northeast 1/4 of the Southeast I/4 of Section 17,Township 48 South, Range 25 East,Collier County,Florida,described as follows:From a Point of Beginning at the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 17,run N 89'40'55'E,for 560.24 feet.along the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 17,to a point on the Bulkhead Line as shown on plat thereof recorded in Bulkhead Line Plat Book 1,Page 7,of the Public Records of Collier County,Florida; thence run N 00'26'00'W.for 100 feet,along said Bulkhead Line;thence run S 89'40'55' W,for 560.23 feet,along said Bulkhead Line,to a point on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 17;thence run S 00'25'41'E.for 100.00 feet,to the Point of Beginning. Plus any land added thereto by accretion or retiction,and less and except any land lost therefrom by submergence or erosion. 9A . . i OR: 2904 PG: 0175 PARCEL 10 Beginning at the Southeast corner of Section 20,Township 48 South.Range 25 East, Collier County, Florida, run N 89'52'20' W.along the South line of said Section 20,for 2053.75 feet; thence run N 00'14'00' W.for 1698.91 feet; thence run N 54'47'52"W. for 399.32 feet.to an intersection with an agreed boundary line as recorded in O.R. Book 68, Pages 235 through 250,of the Public Records of Collier County,Florida; thence run N 79'17'10- E,along said agreed boundary line.for 69.60 feet;thence run N 02'59'30- W,along said agreed boundary line for 1417.66 feet(shown in error as 1415.01 feet in 0. R. Book 68, Page 235);thence run N 27"15'20" W,along said agreed boundary line,for 705.31 feet; thence run N 18.44'30"W ,along said agreed boundary line for 887.03 feet;thence run N 05'37'50"W.along said agreed boundary line for 393.34 feet,to an intersection with the North line of Section 20; thence run S 89'54'20- E, along said North line for 2839.52 feet. to the Northeast corner of said Section 20;thence run.S 02'12'00" E.along the East line of said Section 20.for 5273.90 feet(shown in error as 5277.24 feet in O.R. Book 68. Page 235) to the Point of Beginning. • Plus any land added theret• dire rt • fiction,and less and except any land lost therefrom by submerg cc• r •.to . Ai, And less and e e the rights-of-way to Roads S-865A (also known as Vanderbilt rri, • • • a o kn. n Bluebill Avenue). And less and exc • • Al. • • . • • re 1 property: t All of Wiggins • Zr d' it, o 1 Ad. ti•n, cx.p ing to the Plat thereof recorded in Plat Book 10 t a e 'u•li Rec. • •r 0 er County,Florida,and all of Wiggins Pass •• _s Unit No. I acco-_.; g th- 1 thereof recorded in Plat Book 10, at Page 44.of th • 'c Records of Coll'a.. o rida, being more particularly described as folio 7.(- Beginning at the South.. cp er-of-Lo • �i Wiggins Pass Landings Unit No. I Addition;thence N 89'52 0.�,� ilo ? oGtherly Line of said Lot 4,a distance of 599.96 fat to the Southwest cornero said Lot 4,the same being the Southeast corner of Lot 10,Block 1 of said Wiggins Pass Landings Unit No. 1; thence N 89'52'20"W along the Southerly line of said Wiggins Pass Landings Unit No. 1,a distance of 1400.65 feet to the Southwest corner of said Wiggins Pass Landings Unit No. 1;thence N 00'14'10'W along the Westerly line of said Wiggins Pass Landings Unit No. 1,a distance of 1608.90 feet;thence N 34'2615' E along said Westerly line,a distance of 439.38 feet to a point on the Northerly line of said Wiggins Pass Landings Unit No. 1;thence N 87'48"00'E along said Northerly line a distance of 1481.48 feet to the Northeast corner of Lot 3,Block 3 of said Wiggins Pass Landings Unit No. 1;thence S 02'12'00' E a distance of 163.77 feet to the Northwest corner of Lot 1,Block 3 of said Wiggins Pass Landings Unit No. 1;thence N 87'48'00"E a distance of 200.00 feet to the Northeast corner of said Lot 1;thence S 02'12'00'E along the Easterly line of said Wiggins Pass Landings Unit No. 1,a distance of 668.16 feet to the Southeast corner of Lot 1,Block 1 of said Wiggins Pus Landings Unit No. 1.the same being the Northeast corner of Lot 1 of said Wiggins Pass Landings Unit No. I Addition;thence S 02'12.00-E along the Easterly line of said Wiggins Pass Landings Unit No. 1 Addition,a distance of 1209.93 feet to the Point of Beginning,Parcel contains 88.56 acres,more or less.(Bearings refer to Wiggins Pass Landings Unit No. 1 Addition,according to the plat thereof recorded in Plat Book 10,!sage 81 of the public records of Collier County.Florida). 9A . . . . . . . OR: 2904 PG: 0176 Plus any land added thereto by accretion or reliction,and less and except any land lost therefrom by submergence or erosion. And less and except the following described real property: A portion of land located in the East 1/2 of Section 20,Township 48 South, Range 25 East,Collier County,Florida.being more particularly described as follows: Commencing at the Southeast Corner of the Southeast 1/4 of said Section 20;Thence N 02°12'00" W,along the Easterly line of said Southeast 1/4 a distance of 1970.20 feet; Thence S 87°48'00" W,a distance of 50.00 feet to a point on the Westerly right-of-way line of Vanderbilt Drive,a 100.00 foot right-of-way and the Northeast Comer of Lot 1. . Block 3, Wiggins Pass Landings,Unit No. 1.according to the plat thereof recorded in Plat 1 Book 10,at Page 44,of the Public Records of Collier County, Florida,the same being the Point of Beginning of the parcel of land herein described;Thence S 87°48'0' W,a distance of 200.00 feet to the Northwest corner of said Lot 1;Thence N 02°12'00" W.a distance of 163.77 feet to the Northeast Corner of Lot 3,Block 3,of said Wiggins Pass Landings. Unit No. 1;The '+:��,°48• along the Northerly line of said Wiggins Pass Landings,Unit No! 1)i co �l &feet;Thence S 34°26'15" W.along the . Northwesterly line of s1• rggins Pass ir�s\Unit No. 1,a distance of 439.48 feet to the Northeasterly c� Met Tract B.Baku-C d• t,according to the plat thereof recorded in Plat la ok,B,cRag • of the - .blic R o • of Collier County,Florida; Thence N 54°472'452' 1�/,ii'on'gdhe I. 'nix line o • Baker-Carroll Point,a distance of 399.32 feet.to in u - ., •• . • . 1 e as recorded in Official Records Book 68, at Pa es 5 r g •° • 14 : i••b. ' - or• of Collier County,Florida; Thence N 79°1 '10 , alo --t, •• • , distance of 69.60 feet;Thence N 02°59'30" W,Flo 'd'a ..• •` CC of 1417.66 feet;Thence N 27°1520'W, o said agreed bou••''''i lin a • 's;� of 616.67 feet:Thence N 87°48'00"E,a •t e of 2472.71 feet-trs ••i =• 'e Westerly right-of-way line of said Vanderbilt D nce S 02°1225' , ti: d Westerly line a distance of•1373.11 feet;Thenc- p . 2'00" E.along rly line,a distance of 667.03 feet to the Point of Beginnin., '.ale � /more or less. • r 9A . . OR: 2904 PG: 0177 eft . • EXHIBIT"B" AS TO ALL PARCELS: 1. Any adverse ownership claim by State of Florida by right of sovereignty to any portion of the lands described hereunder,including lands accreted to such lands. 2. The rights,if any,of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the land and the natural line of vegetation,bluff,extreme high-water line or other apparent boundary lines separating the publicly used area from the upland private area,as it may have existed prior to the construction,if any,of sea wall or bulkhead thereon. AS TO PARCELS 5 AND 6: 3. Reservations in favor of the Bo�-o°f •u :tio f the State of Florida,as set forth in the deed from the Board of Educ tfor�lsF 'Olio ' Book 27,page 2,of the Public Records cf Lee County,F ri ll • as reserve. • -• (")...,Ce 0 i' V 11111F91111; vl � '�� 1,S. CIRG • • 9A ,.. , 4., . • . . . • 3120910 OR; 3209 PG; 2119 THIS INSTRUMENT WAS PREPARED 8Y. RICORDID to OFFICIAL RICOIDS Of COLLIII COORfl, IL Grant rl in.Pearson,rson,rs 01/31/2003 et 03:07PN DIICt[T I. BIOCI, CUFI • Omr1,Fridkln.Pearson,Allan&Crown.PA, • 5551 Ridgewood Drive,Suite 501 C0I3 100000.00 Naples.Florida 34108 RIC III 15.00 941/514-1000 . DOC-,10 100.00 , • IetD: • GR)fl /RIOIII IT AL •. 5S51 RIDGItt000 DI 1501 DAIS FL 34101 FOR OFFICIAL USE ONLY WARRANTY DEED r ��,tiu,4..}� a-oo 3 -' TIM INDENTURE, made this a 1 day of I►leveet� 692. bets Vanderbilt Partners II, Ltd. a Florida limited partnership, (the "Grantor"),whose mailing address is do 5551 Ridgewood Drive, Suite 203. Naples, Florida 34108. and Lodge/Abbott Associates, LLC a Michigan limited liability company ("Grantee") whose mailing address is 3400 E. Lafayette, Detroit,Michigan 48207. _— ` ,. WITNESSETH: That t *trantor, for.an 'irtso,sideration of the sum of TEN DOLLARS ($10.00) and othervalu bl"e emltsideration to Gra\ntor,,in hand paid by Grantee, the • receipt whereof is hereby acknowledgedv ererants� bargains,Nand sells to the said Grantee. Grantee's heirs, successors an I ass g o ',the ll ( ingLfde}scribed land. situate and being in the County of Collier.State o Flot d t ' vii: `)F ,'J ,,// jj)((({ li LEGAL DESCRIFTIO SEE A'1 I ACHED EXH1 B1TMt �I J • \`r4`� .^�' 1 f Property ID Number: �:r b4\4I960009 k' SUBJECT TO conditions, tnttaf s-, S. tet�oisrcservations and casements of record `� 5 t� which are common to the subdivision in which-th -prop is located and taxes for the year 2002 and subsequent years. AND the said Grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. • IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed as provided by law,on this,the day and year first.above written. • 9 A • . . • OR: 3209 PG: 2120 Signed,S- : d and Delivered in .J pre - ce`of: Vanderbilt P ners3, d. • 'mess at _ >a� t.� a By: 4:41/24 Printed Nano of Witness e t Kei A.S -,as V',e Resident of QG&S Investors.Inc.. its sole general partner Witness 112 �/ /-Si96t'1I� Printed Name or Witness r2 STATE OF FLORIDA ) CO COUNTY OF COLLIER ) � ;v 4v.?, 1 HEREBY CERTIFY that. 4‘...toresoing instrument acknowledged before me on this eP I day of�e.,,,c., .2003 by KeitIkA. Sharpe:as V'`e President�of CG & S Investors. Inc.. its sole general partner. who (is 'pe�so[tallY 1`nn� trjeCive. y (no) OR who produced j� 1/ yid n ifrcatto>r.) `/ k ' • ....... Li') ° ! n._'��4 6't' DMS10. P bl-c^ tate of Florida • (Seal) nM„tr3Tr,.i+ttu..tts.t Typed stamped or Printed:Vann,4)1:Votary ‘-fP OulN.ission Expires: • • • • -2- • 1 9A OR: 2903 PG: 2345 • EXHIBIT"A" � ,' *#t *'k OR: 3209 PG: 2121 A tract or parcel of lend In the Southwest X and the Northwest X Section 8, Township 48 South,Range 25 East, Copier County, Florida, described as commencing from a point of beginning at the center of Section 8; Thence go South 00° 23' i6' East along the 3G section line of said Section 8 for 2,196.30 feet:thence go South 22• 24'40' West for • 934.18 feet;thence go North 03'02'05'West for 679.31 feet;thence go North 67°56'00' West for 1,397.99 feet; thence go North 22' 32' 00' West for 944.72 first thence North99.92 feet;thence go North 00°02'53'East for 429.32 feet;thence go South 59° 00'00 East for 815.82 feet;thence go North 59°00'00'East along the f:section line of said Section 8 for 1,987.32 feet to the point of beginning to the point of beginning. (Being the same lands as described In Official Records Book 1523 at page 1428 of the Public Records of Collier County,Florida.) • n COfYH YIP -711E Crit'C • • 9A • LEGAL DESCRIPTION COCOIIATCHEE BAY PUD A PARCEL OF LAND LOCATED IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 16;THENCE RUN N.88°34'21"E.,ALONG THE NORTHERLY LINE OF SAID NORTHWEST 1/4, FOR A DISTANCE OF 50.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF VANDERBILT DRIVE (A 100 FOOT WIDE RIGHT OF WAY) THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.88°34'21"E, ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 2,695.11 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 16; THENCE RUN 1/4,N.88°2520"E., OF THE 6.78 FEETRTO THEEWE SAID NORTHEAST 1/ WESTERLY , RIGHT OF WAY LINE OF U.S. 41 (A 200 FOOT WIDE RIGHT OF WAY); THENCE RUN S.15°50'45"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 277.09 FEET; THENCE RUN S.88°25'20"W. FOR A DISTANCE OF 2,169.75 FEET TO THE WESTERLY LINE OF SAID NORTHEAST 1/4; THENCE RUN S.00°34'49"E.,, ALONG SAID WESTERLY, LINE FOR A DISTANCE OF 2,346.53 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF WIGGINS PASS ROAD (A 100 FOOT WIDE RIGHT OF WAY); THENCE RUN S.88°28'26"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 2,625.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHEAST, OF WHICH THE RADIUS POINT BEARS N.01°32'02"W.; A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID . CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 91°04'04", SUBTENDED BY A CHORD OF 35.69 FEET AT A BEARING OF N.45°59'20"W., FOR A DISTANCE OF 3934 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF VANDERBILT DRIVE; THENCE RUN N.00°2700"W., ALONG . SAID EASTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 82.76 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE WEST, OF WHICH THE RADIUS POINT BEARS 5.89°33'01"W., A DISTANCE OF 1,960.08 FEET THEREFROM;THENCE RUN NORTHERLY,ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,960.08 FEET, THROUGH A CENTRAL ANGLE OF 07°17'35", SUBTENDED BY A CHORD OF 249.33 FEET AT A BEARING OF N.04°05'47"W., FOR A DISTANCE OF 249.49 FEET TO THE END OF SAID CURVE; THENCE RUN . N.07°44'35"W., ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A • • • . • . . 1 9A . . . . . • . . . . . . . •• . • . . . . . • . . . . DISTANCE OF 150.40 FEET TO. THE BEGINNING OF A TANGENTIAL CIRCULAR•CURVE, •CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, A RADIUS OF 1,860.08 FEET; THROUGH A . CENTRAL ANGLE OF 07°17 35 , SUBTENDED BY A CHORD OF 236.61 FEET AT • A BEARING OF N.04°05'47"W., FOR A DISTANCE OF 236.77 FEET TO THE END . OF SAID CURVE;THENCE RUN N.00°2700"W.,ALONG SAID EASTERLY RIGHT . ' OF WAY LINE, FOR A DISTANCE OF 1,876:54 FEET TO THE POINT OF • . BEGINNING.PARCEL CONTAINS 174.76 ACRES,MORE OR LESS. AND • ' COMMENCE. AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 16; THENCE RUN,S.88°25'32"W., ALONG THE NORTHERLY LINE OF SAID NORTHWEST 1/4 FOR A DISTANCE OF 50.01 FEET TO THE ' WESTERLY RIGHT OF WAY LINE OF SAID VANDERBILT DRIVE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF. LAND HEREIN DESCRIBED; THENCE RUN S.00°27'00"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,874.72 FEET TO THE.BEGINNING'OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE EAST; THENCE RUN • SOUTHERLY, ALONG SAID WESTERLY RIGHT OF WAY•LINE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS.. OF 1,960.08 FEET, THROUGH A CENTRAL ANGLE OF 04°09'47", SUBTENDED BY A CHORD OF 142.39 FEET AT A BEARING OF S.02°3 1'54"E.,FOR A DISTANCE OF 142.42 FEET TO THE END' OF SAID CURVE, THE. SAME. BEING. A - POINT ON THE • NORTHERLY LINE'OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE • ' NORTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.89°03'44"W., ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 623.33 FEET TO 'THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF.THE SOUTHEAST 1/4 OF • THE NORTHEAST 1/4 OF SAID :SECTION 17; THENCE RUN S.00°26'38"E., . • ALONG THE WESTERLY LINE OF THE SOUTHEAST 1/4:OF THE SOUTHEAST 114.OF THE NORTHEAST.1/4 OF SAID SECTION 17, FOR A DISTANCE OF 670.33 • FEET TO THE NORTHERLY LINE OF THE SOUTHEAST 1/4 OF SAID SECTION • ' 17; THENCE RUN S.89°16'54"W., ALONG SAID NORTHERLY LINE, FOR A - DISTANCE OF 668.22 FEET TO THE .NORTHWEST CORNER' OF THE • NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17;THENCE RUN S.00°24'57"E., ALONG THE WESTERLY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17,•FOR A DISTANCE OF 1,182.70 FEET TO . A POINT ON A BULKHEAD LINE-AS SHOWN ON BULKHEAD LINE PLAT • . ' . BOOK 1, PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°41'39"E.,ALONG SAID BULKHEAD LINE, FOR A DISTANCE OF 560.23 FEET; THENCE RUN S.00°25'16"E., ALONG SAID BULKHEAD LINE, FOR A DISTANCE. OF 100.00 'FEET TO THE NORTHERLY LINE OF THE NORTHWEST'/4 OF .THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID . SECTION. 17; THENCE RUN N.89°41'39"E.,,ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 108.03 FEET TO THE NORTHWEST CORNER OF.THE 9A NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.00°25'13"E., ALONG THE WESTERLY LINE OF. THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, FOR A DISTANCE OF 643.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN N.89°54'04"E., ALONG THE SOUTHERLY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, FOR A DISTANCE OF 431.68 FEET TO A POINT ON SAID BULKHEAD LINE; THENCE RUN S.41°11'49"W., ALONG SAID BULKHEAD LINE, FOR A DISTANCE OF 133.11 FEET; THENCE RUN S.00°05'56"E. FOR A DISTANCE OF 120.00 FEET; THENCE RUN N.89°54'04"E. FOR A DISTANCE OF 27532 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID VANDERBILT DRIVE; THENCE RUN S.00°25'14"E.,' ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 426.09 FEET TO THE NORTHERLY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20; THENCE CONTINUE S.00°25'14"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1.26 FEET; THENCE RUN S.02°12'24"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,265.24 FEET; THENCE RUN S.87°48'00"W. FOR A DISTANCE OF 2,446.69 FEET TO AN AGREED BOUNDARY LINE RECORDED IN OFFICIAL RECORDS BOOK 68, PAGES 235 THROUGH 250 OF THE PUBLIC,RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 151.95 FEET; THENCE RUN N.18°44'30"W, ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 887.03 FEET; THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 392.80 FEET TO THE NORTHERLY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20; THENCE CONTINUE N.05°37'50"W, ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 0.54 FEET; THENCE RUN N.01°30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 1,298.70 FEET;THENCE RUN N.30°00'00"E.,ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 800.00 FEET; THENCE RUN N.05°00'00"W., ALONG - SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 1,480.00 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 1,956.10 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE CONTINUE N.29°11'40"W, ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 301.31 FEET; THENCE RUN N.03°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 961.43 FEET; THENCE RUN N.67°30'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 1,397.99 FEET; THENCE RUN N.22°31100"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 944.72 FEET; THENCE RUN N.00°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 99.92 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 8; THENCE RUN N.00°08'53"E., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 429.82 FEET; THENCE RUN S.59°00'00"E. FOR A DISTANCE OF 817.03 FEET TO SAID SOUTHERLY LINE; THENCE RUN 1 9A • • N.89°13'23"E., ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 1,908.29 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST '/< OF SAID SECTION 8; THENCE RUN S.00°22'1 1"E., ALONG THE WESTERLY LINE OF SAID SOUTHEAST 1/4, FOR A DISTANCE OF 2,744.36 FEET TO SOUTHWEST CORNER OF SAID SOUTHEAST 114; THENCE RUN N.88°25132"E., ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST 1/4, FOR A DISTANCE OF 2622.66 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 451.54 ACRES, MORE OR LESS. LESS AND EXCEPT THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE(ELEVATI.ON 1.40-NGVD1929 DATUM). TOTAL AREA OF PARCEL DESCRIBED IS 626.30 ACRES, MORE OR LESS (INCLUDING THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE(ELEVATION 1.40-NGVD1929 DATUM)). TOTAL AREA OF THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE (ELEVATION 1.40 - NGVD1929 DATUM) IS 165.26 ACRES,MORE OR LESS. • • • • 9A• • • • • • ANTHONY ANGELIQUE& SOAVE ANDREA SOAVE SOAVE TRIDENT MANAGEMENT INVESTMENTS INC. MGMT CO.,INC SOAVE TRIDENT ENTERPRISES INVESTMENTS LLC LLC TRIDENT -ABBOTT • LLC� LODGE/ ABBOTT ASSOCIATES •• LLC LODGE/ • ABBOTT ASSOCIATES LLC OWNERSHIP STRUCTURE cor.vo.o.p.ochoc.mvamoinesmA....muenne.v.werni,72 PM • • • • 9A LODGE/ABBOTT ASSOCIATES LLC • • STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: February 25, 1998 COMPANY I.D. NUMBER: B26-407 (Michigan) M01000002423 (Florida) FEDERAL TAX I.D. NUMBER: 38-3397995 ASSUMED NAME(S) : N/A NAME CHANGES: N/A QUALIFIED TO CONDUCT BUSINESS IN: Florida RESIDENT AGENT: The Corporation Company • ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: N/A MANAGERS: Yale Levin MEMBERS AND PERCENTAGE OF OWNERSHIP:' Trident-Abbott L.L.C. 96.25% Soave Management, Inc. 3.75% • • DJH\CORpsumm\:ADGFABBoTT.SIP\021506' - 9A .04 SOAVE ENTERPRISES L.L.C. STATE OF ORGANIZATION: Michigan DATE OF ORGANIZATION: January 1, 1998(filed 12/23/97) COMPANY I.D.NUMBER: B17-685 FEDERAL TAX I.D.NUMBER: 38-3389446 ASSUMED NAME(S): Soave Enterprises NAME CHANGES: N/A QUALIFIED TO CONDUCT N/A BUSINESS IN: RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road REGISTERED OFFICE: Bingham Farms,MI 48025 OFFICERS: N/A MANAGERS: Soave Management,Inc. MEMBERS AND PERCENTAGE 99% OF OWNERSHIP: Anthony Soave Soave Management,Inc. 1% END OF TAX YEAR: December 31 • a7P\CORPSU M\soavS.E7P.S[M\040302 9A SOAVE MANAGEMENT, INC. ' STATE OF INCORPORATION: Michigan DATE OF INCORPORATION: July 27, 1995 CORPORATE I.D. NUMBER: 315-928 FEDERAL TAX I.D. NUMBER: 38-3257460 ASSUMED NAME(S) : N/A NAME CHANGES: Inc. as City Environmental Services Landfill, Inc. of Haleyville; chg'd name to current name 1/12/98 QUALIFIED TO CONDUCT N/A BUSINESS IN: RESIDENT AGENT: The Corporation Company ADDRESS OF 30600 Telegraph Road, Ste. 2345 REGISTERED OFFICE: Bingham Farms, MI 48025 OFFICERS: President: Anthony Soave Exec. Vice Pres. : Yale Levin Sr. Vice Pres. : Michael L. Piesko Sr. Vice Pres. : Kathleen B. McCann Sr. Vice Pres. : Michael D. Hollerbach Vice President: Edward R. Schonberg Secretary: Bryant M. Frank Asst Secretary: Kathleen B. McCann Treasurer: Richard T. Brockhaus DIRECTORS: Yale Levin, Kathleen B. McCann, Michael L. Piesko, Anthony Soave AUTHORIZED CAPITAL: 60,000 shares - common stock TOTAL SHARES ISSUED: 1,000 shares. SHAREHOLDERS AND PERCENTAGE OF OWNERSHIP: Anthony Soave 10094 1,000 shares DATE & TIME OF ANNUAL SHAREHOLDERS AND DIRECTORS MEETING: First Tuesday in June LAST ANNUAL MEETING: June 5, 2007 BY-LAWS ADOPTED: July 27, 1995 DATE OF SUB-S ELECTION: July 27, 1995 END OF FISCAL YEAR: December 31 0.I1,\WRYSUKM\SKI.3014064)100 I 9A SURVEYOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Stephen E.Berry,who after being duly sworn,deposes and states as follows: 1. Affiant is a licensed Florida Surveyor. 2. Affiant's State License No.is#5296. 3. That the parcel described in attached Legal Description of Cocohatchee—Exhibit"A" is the same parcel described in attached Legal Description of Cocohatchee—Exhibit`B",and both legal description were taken form that Boundary and Topographic Survey prepared by BBLS Surveyors, Inc. dated 10/30/13. 4. Affiant further states that he is familiar with the nature of an oath, and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read or has had read to him,the full facts of this affidavit and understand its contents. FURTHER AFFIANT SAYETH NOT. Stephen E.Berry Sworn to and subscribed before me by Stephen E. Berry,this 13 day of March, 2014,who is personally known to me. !�. t 11 -- Notary Public (SEAL) Print Name: ,r1C1t\foy\ Iii T-jrncc. My Commission Expires: 1116112017 ,a;: "'s SHANNON M.TYRNA I Notary Public-State of Florida 1 I tI.g My Comm.Expires Sep 19,2017 W (7d1: Commission#FF 55900 9A LEGAL DESCRIPTION COCHATCHEE EXHIBT "A" PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8,RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68,PAGE 235; O.R. BOOK 87,PAGE 439 THROUGH 447; O.R. BOOK 167,PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS),ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE,FOR 776.71 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167,PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87,PAGES 439 THROUGH 447),OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN N.29°11'40"W.,ALONG SAID BOUNDARY LINE,FOR 300 FEET;THENCE RUN N.3°00'00"W.,ALONG SAID AGREED BOUNDARY LINE,FOR 961.43 FEET(SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W.ALONG SAID AGREED BOUNDARY LINE,FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W.,(SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS),ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH,ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E.,ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E.,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET,TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. EXHIBIT"A" Sheet 1 of 6 9 A PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17,FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68,PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN N.01°30'05"E.,ALONG SAID AGREED BOUNDARY LINE,FOR 1298.70 FEET(SHOWN IN ERROR AS 1300.00 FEET,IN O.R. BOOK 68,PAGE 235 AND O.R. BOOK DESCRIBED 167,PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE,FOR 800 FEET; THENCE RUN N.05°00'00"W.,ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W.,ALONG SAID AGREED BOUNDARY LINE,FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS),ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17;THENCE RUN S.0°27'30"E.,ALONG THE EAST LINE OF SAID EXHIBIT"A" Sheet 2 of 6 9A SECTION 17,FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER;THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17,FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4,(2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4,ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A(VANDERBILT DRIVE),AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST, DESCRIBED AS ° FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING;THENCE RUN S.89°53'18"W.,FOR 186.65 FEET,TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN S.41°11'03"W. FOR 133.10 FEET,ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E.,FOR 120 FEET, THENCE RUN N.89°53'18"E.,FOR 275.72 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A(VANDERBILT DRIVE): THENCE RUN N.0°26'00"W.,FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA,DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17,RUN N.89°40'55"E.,FOR 560.24 FEET,ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN N.0°26'00"W.,FOR 100 FEET,ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W.,FOR 560.23 FEET,ALONG SAID BULKHEAD LINE,TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E.,FOR 100.00 FEET,TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 EXHIBIT"A" Sheet 3 of 6 9A t BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20,FOR 2053.75 FEET;THENCE RUN N.00°14'00"W. FOR 1698.91 FEET;THENCE RUN N.54°47'52"W.,FOR 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68,PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W.,ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET,THENCE RUN N.05°37'50"W.,ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET,TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E.,ALONG SAID NORTH LINE FOR 2839.52 FEET,TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE)AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4,THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W.,ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; EXHIBIT"A" Sheet 4 of 6 9A THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE,A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1,BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E.A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20;THENCE N.02%%d 12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W.,A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE,A 100.00 FOOT RIGHT-OF- WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3,WIGGINS PASS LANDINGS,UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W.,A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3,OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS EXHIBIT"A" Sheet 5 of 6 9A LANDINGS,UNIT NO.1,A DISTANCE OF 1481.48 FEET;THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B,BAKER-CARROLL POINT,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE N.54°47'52"W.,ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT,A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68,AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET;THENCE N.02%%d59'30"W.,ALONG SAID AGREED BOUNDARY LINE,A DISTANCE OF 1417.66 FEET;THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET;THENCE N.87°48'00"E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 100 ACRES, MORE OR LESS. PARCEL "11" (O.R. 1523,PG. 1427) A TRACT OR PARCEL OF LAND IN THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF SECTION 8,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE POINT OF BEGINNING AT THE CENTER OF SAID SECTION 8; THENCE SOUTH 00°23'10" EAST ALONG THE 1/4 LINE OF SAID SECTION 8, FOR 2,196.30 FEET; THENCE SOUTH 88°24'40" WEST 934.18 FEET; THENCE NORTH 03°00'00" WEST FOR 679.31 FEET; THENCE NORTH 67°30'00" WEST FOR 1,397.99 FEET; THENCE NORTH 22°31'00" WEST FOR 944.72 FEET; THENCE NORTH FOR 99.92 FEET; THENCE NORTH 00°08'53 EAST FOR 429.82 FEET; THENCE SOUTH 59°00'00" EAST FOR 815.68 FEET; THENCE NORTH 89°1220" EAST ALONG THE 1/4 LINE OF SAID SECTION 8 FOR 1,907.82 FEET TO THE POINT OF BEGINNING. CONTAINING 93.52 ACRES MORE OR LESS. TOTAL AREA OF PARCELS SURVEYED, INCLUDING SUBMERGED LANDS,IS 626.30 ACRES±. TOTAL AREA OF SUBMERGED LANDS IS 165.26 ACRES±. EXHIBIT"A" Sheet 6 of 6 9A LEGAL DESCRIPTION COCOHATCHEE EXHIBIT"B" A PARCEL OF LAND LOCATED IN SECTIONS 8, 16, 17 AND 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 16; THENCE RUN N.88°34'21"E., ALONG THE NORTHERLY LINE OF SAID NORTHWEST 1/4,FOR A DISTANCE OF 50.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF VANDERBILT DRIVE (A 100 FOOT WIDE RIGHT OF WAY)THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.88°34'21"E, ALONG SAID NORTHERLY LINE,FOR A DISTANCE OF 2,695.11 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 16; THENCE RUN N.88°25'20"E.,ALONG THE NORTHERLY LINE OF SAID NORTHEAST 1/4,FOR A DISTANCE OF 2,096.78 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. 41 (A 200 FOOT WIDE RIGHT OF WAY);THENCE RUN S.15°50'45"E., ALONG SAID WESTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 277.09 FEET;THENCE RUN S.88°25'20"W.FOR A DISTANCE OF 2,169.75 FEET TO THE WESTERLY LINE OF SAID NORTHEAST 1/4;THENCE RUN S.00°34'49"E.,ALONG SAID WESTERLY,LINE FOR A DISTANCE OF 2,346.53 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF WIGGINS PASS ROAD (A 100 FOOT WIDE RIGHT OF WAY); THENCE RUN S.88°28'26"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 2,625.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHEAST, OF WHICH THE RADIUS POINT BEARS N.01°32'02"W.,A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 91°04'04", SUBTENDED BY A CHORD OF 35.69 FEET AT A BEARING OF N.45°59'20"W., FOR A DISTANCE OF 39.74 FEET TO THE END OF SAID CURVE,THE SAME BEING A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF VANDERBILT DRIVE; THENCE RUN N.00°27'00"W., ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 82.76 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE WEST, OF WHICH THE RADIUS POINT BEARS S.89°33'01"W.,A DISTANCE OF 1,960.08 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 1,960.08 FEET, THROUGH A CENTRAL ANGLE OF 07°17'35", SUBTENDED EXHIBIT`B" Sheet 1 of 4 9A BY A CHORD OF 249.33 FEET AT A BEARING OF N.04°05'47"W., FOR A DISTANCE OF 249.49 FEET TO THE END OF SAID CURVE; THENCE RUN N.07°44'35"W.,ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 150.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1,860.08 FEET,THROUGH A CENTRAL ANGLE OF 07°17'35", SUBTENDED BY A CHORD OF 236.61 FEET AT A BEARING OF N.04°05'47"W.,FOR A DISTANCE OF 236.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.00°27'00"W.,ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,876.54 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 174.76 ACRES,MORE OR LESS. AND COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 16; THENCE RUN S.88°25'32"W.,ALONG THE NORTHERLY LINE OF SAID NORTHWEST 1/4 FOR A DISTANCE OF 50.01 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID VANDERBILT DRIVE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°27'00"E.,ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,874.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,CONCAVE TO THE EAST;THENCE RUN SOUTHERLY, ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 1,960.08 FEET, THROUGH A CENTRAL ANGLE OF 04°09'47", SUBTENDED BY A CHORD OF 142.39 FEET AT A BEARING OF S.02°31'54"E.,FOR A DISTANCE OF 142.42 FEET TO THE END OF SAID CURVE,THE SAME BEING A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST'/<OF THE NORTHEAST 1/4 OF SAID SECTION 17;THENCE RUN S.89°03'44"W.,ALONG SAID NORTHERLY LINE,FOR A DISTANCE OF 623.33 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17;THENCE RUN S.00°26'38"E.,ALONG THE WESTERLY LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17,FOR A DISTANCE OF 670.33 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.89°16'54"W.,ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 668.22 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.00°24'57"E.,ALONG THE WES IERLY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, FORA DISTANCE OF 1,182.70 FEET TO A POINT ON A BULKHEAD LINE AS SHOWN ON BULKHEAD LINE PLAT BOOK 1,PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN N.89°41'39"E.,ALONG SAID BULKHEAD LINE,FORA DISTANCE OF 560.23 FEET;THENCE RUN S.00°25'16"E.,ALONG SAID BULKHEAD LINE,FOR A DISTANCE OF 100.00 FEET TO THE NORTHERLY LINE OF THE NORTHWEST 1/4 EXHIBIT"B" Sheet 2 of 4 9A I OF THE SOUTHEAST %4 OF THE SOUTHEAST 1A OF SAID SECTION 17; THENCE RUN N.89°41'39"E.,ALONG SAID NORTHERLY LINE,FOR A DISTANCE OF 108.03 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 3/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17;THENCE RUN S.00°25'13"E.,ALONG THE WESTERLY LINE OF THE NORTHEAST 1A OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1A OF SAID SECTION 17,FOR A DISTANCE OF 643.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST %4 OF SAID SECTION 17;THENCE RUN N.89°54'04"E.,ALONG THE SOUTHERLY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17,FOR A DISTANCE OF 431.68 FEET TO A POINT ON SAID BULKHEAD LINE; THENCE RUN S.41°1 1'49"W., ALONG SAID BULKHEAD LINE, FOR A DISTANCE OF 133.11 FEET; THENCE RUN S.00°05'56"E. FOR A DISTANCE OF 120.00 FEET; THENCE RUN N.89°54'04"E. FOR A DISTANCE OF 275.72 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID VANDERBILT DRIVE;THENCE RUN S.00°25'14"E.,ALONG SAID WESTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 426.09 FEET TO THE NORTHERLY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20; THENCE CONTINUE S.00°25'14"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1.26 FEET; THENCE RUN S.02°12'24"E.,ALONG SAID WESTERLY RIGHT 0 WAY LINE,FOR A DISTANCE OF 1,265.24 FEET;THENCE RUN S.87°48'00"W. FOR A DISTANCE OF 2,446.69 FEET TO AN AGREED BOUNDARY LINE RECORDED IN OFFICIAL RECORDS BOOK 68,PAGES 235 THRU 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 151.95 FEET; THENCE RUN N.18°44'30"W,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 887.03 FEET; THENCE RUN N.05°37'50"W.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 392.80 FEET TO THE NORTHERLY LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20; THENCE CONTINUE N.05°37'50"W,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 0.54 FEET; THENCE RUN N.01°30'05"E.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 1,298.70 FEET;THENCE RUN N.30°00'00"E.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 800.00 FEET;THENCE RUN N.05°00'00"W.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 1,480.00 FEET;THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE,FORA DISTANCE OF 1,956.10 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17;THENCE CONTINUE N.29°1 l'40"W,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 301.31 FEET; THENCE RUN N.03°00'00"W.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 961.43 FEET; THENCE RUN N.67°30'00"W.,ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 1,397.99 FEET; THENCE RUN N.22°31'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 944.72 FEET; THENCE RUN N.00°00'00"E.,ALONG SAID AGREED BOUNDARY LINE,FOR A DISTANCE OF 99.92 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST 1A OF SAID SECTION 8; THENCE RUN N.00°08'53"E.,ALONG SAID EXHIBIT`B" Sheet 3 of 4 9 A word AGREED BOUNDARY LINE,FOR A DISTANCE OF 429.82 FEET;THENCE RUN S.59°00'00"E. FORA DISTANCE OF 817.03 FEET TO SAID SOUTHERLY LINE; THENCE RUN N.89°13'23"E.,ALONG SAID SOUTHERLY LINE,FOR A DISTANCE OF 1,908.29 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 8; THENCE RUN S.00°22'11"E.,ALONG THE WESTERLY LINE OF SAID SOUTHEAST 1/4,FOR A DISTANCE OF 2,744.36 FEET TO SOUTHWEST CORNER OF SAID SOUTHEAST '/4;THENCE RUN N.88°25'32"E.,ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST 1/4, FOR A DISTANCE OF 2622.66 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 451.54 ACRES,MORE OR LESS. LESS AND EXCEPT THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE(ELEVATION 1.40 -NGVD1929 DATUM). TOTAL AREA OF PARCEL DESCRIBED IS 626.30 ACRES,MORE OR LESS (INCLUDING THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE(ELEVATION 1.40-NGVD1929 DATUM)). TOTAL AREA OF THAT PORTION OF THE PARCEL LYING WATERWARD OF THE MEAN HIGH WATER LINE(ELEVATION 1.40-NGVD1929 DATUM)IS 165.26 ACRES, MORE OR LESS. EXHIBIT`B" Sheet 4 of 4 I r 4.' 4:*. 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"'°'°` ow"'—...... 00"f I I ,'� I __L_/ c ----.. I / •-=—� I / - -k ^ x M e. G O r:,,, v k 0 9A Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Lodge/Abbott Associates LLC Address: 3400 Lafayette Street City: Detroit State: MI ZIP: 48207 Telephone: 313-567.-7000 Cell: Fax: 313-567-3912 E-Mail Address: Yalel_evin @soave.com Address of Subject Property (If available): City: ._State: ZIP: PROPERTY INFORMATION 8 161720 48 25 Section/Township/Range: Lot: Block: Subdivision: Metes & Bounds Description: See Attached Plat Book: Page #: Property I.D. Number: See Attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: C TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: n fl Total Population to be Served: 1038 Peak and Average Daily Demands: 465 GPM 176,460 GPD 330 GPM 124,560 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2014 9A Cocohatchee Bay Legal Description PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"W.IN O.R. BOOK 68,PAGE 235;O.R.BOOK 87, PAGE 439 THROUGH 447;O.R.BOOK 167,PAGE 692;O.R.BOOK 218,PAGE 484;HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET0 TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.BOOK 87,PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68,PAGE 235,THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R.BOOK 87,PAGES 439 THROUGH 447),OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET(SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS);THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET;THENCE S.59°00'00"E.,FOR 815.68 FEET,TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4,FOR 2744.30 FEET,TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S- 865A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH(BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY 9 ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17,FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN N.01°30'05"E.,ALONG SAID AGREED BOUNDARY LINE,FOR 1298.70 FEET(SHOWN IN ERROR AS 1300.00 FEET,IN O.R.BOOK 68,PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER;THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING;EXCEPTING THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,OF THE SOUTHEAST 1/4,ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A(VANDERBILT DRIVE),AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 'A OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,RUN S.89°53'18"W.FOR 50 FEET,TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN S.41°11'03"W.FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET,TO THE POINT OF BEGINNING.PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 9A PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20,FOR 2053.75 FEET;THENCE RUN N.00°14'00"W.FOR 1698.91 FEET;THENCE RUN N.54°47'52"W.,FOR 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET(SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68,PAGE 235);THENCE RUN N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E.,ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-846(ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION;THENCE N.89°52'20"W.ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.87°48'00"E.A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION;THENCE S.02°12'00"E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). 9 A a PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3,WIGGINS PASS LANDINGS,UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1;THENCE S.87°48'00"W.ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS,UNIT NO.1,A DISTANCE OF 1481.48 FEET;THENCE S.34°26'15"W.ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS,UNIT NO.1,A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B,BAKER- CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE,A DISTANCE OF 69.60 FEET;THENCE N.05°9'30"W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 100 ACRES,MORE OR LESS. PARCEL 11 A TRACT OR PARCEL OF LAND IN THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:FROM THE POINT OF BEGINNING AT THE CENTER OF SAID SECTION 8;THENCE SOUTH 0°23' 10"EAST ALONG THE 1/4 LINE OF SAID SECTION 8, FOR 2196.30 FEET; THENCE SOUTH 88° 24'40" WEST FOR 934.18 FEET; THENCE NORTH 03° 00' 00" WEST FOR 679.31 FEET; THENCE NORTH 67° 30' 00" WEST FOR 1397.99 FEET;THENCE NORTH 22° 31' 00"WEST FOR 944.72 FEET;THENCE NORTH FOR 99.92 FEET; THENCE NORTH 0° 08' 53" EAST FOR 429.82 FEET; THENCE SOUTH 59° 00' 00" EAST FOR 815.68 FEET;THENCE NORTH 89° 12'20"EAST ALONG THE 1/4 LINE OF SAID SECTION 8 FOR 1907.82 FEET TO THE POINT OF BEGINNING. CONTAINING 93.52 ACRES MORE OR LESS. 9A Cocohatchee Bay RPUD Property ID List 00155884207 00154680004 00155920006 00156120009 00156680002 00142240003 00141960009 00156400004 � A Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collieraov.net (239)252-2400 FAX: (239) 252-6358 Narrative statement: See Attached. Collier County Utility Dedication Statement: See Attached Statement of Availability Capacity from other Providers: omega 9A Consulting Group October 2013 —Updated July 2014 Cocohatchee Bay PUD Utility Statement WATER SYSTEM Existing System: There is a 12" potable water main along Vanderbilt Drive and Wiggins Pass Road which would be tapped to provide potable water for the project. This water main is supplied from both of the Collier County water treatment plants because the county water system is interconnected. The permitted capacity of the county water system is 52.0 million gallons per day (MGD). The average daily usage is 22.5 MGD. Proposed Project Demands: Total project buildout= 652 units Assume: 62 SF units and 590 MF units Population per unit(Per Collier County data): Single Family: 1.81 persons/unit x 1.2 peak factor for modeling =2.17 persons Multi-Family: 1.42 persons/unit x 1.2 peak factor for modeling= 1.70 persons Total population: 62 SF units x 2.17 = 135 persons 590 MF units x 1.70 = 1,003 persons Total = 1,038 persons Peak hour demands are estimated using a peaking factor(PF) from"10 State Standards". PF = (18 +(P) ')/(4 +(P) '''), where P=population/1000 = (18 + (1.038) 'Y2 )/(4 +(1.038) 'Y2) = 3.79 Peak Hour Factor Potable water demands: 1,038 persons x 170 Gallons Per Day (GPD)per capita(County LOSS) = 176,460 GPD Average Daily Flow (ADF) Peak Demand = 176,460 GPD/24 hrs/day/60 min/hr x 3.79 PF =465 GPM (Peak) Therefore,there is available potable water capacity for the project. The development on the east side of Vanderbilt will have its main water system connection on Wiggins Pass Road, at the main project entrance. The proposed internal roadway system is expected to be looped, as shown on the revised Master Plan. The internal water main will follow the roadway and loop with it. If, due to environmental or other design constraints, the roadway 5620 Sonnen Court • Fort Myers, Florida 33919 9A Cocohatchee Bay PUD Utility Statement-October 2013, Updated July 2014 Page 2 system is not looped,the water main may include a secondary connection to Vanderbilt Drive, if warranted by hydraulic modeling. Since the roadway connection to U.S. 41 has been eliminated from the Master Plan,there will be no utility connections there. WASTEWATER SYSTEM Existing System: There is a 20" force main on the east side of Vanderbilt Drive north of Wiggins Pass Road, and a 16" force main along Wiggins Pass Road. The sewer service would be provided by a pump station on the west side of Vanderbilt Drive that would connect to the 20" force main ; and a pump station on the north side of Wiggins Pass Road that would connect with the 16" force main. The force mains are connected to the Collier County North Wastewater Treatment Plant which has a permitted capacity of 24.1 MGD. The current average daily flow into the plant is 7.8 MGD. Proposed Project Flows: Total project buildout= 652 units Assume: 62 SF units and 590 MF units Population per unit(Per Collier County data): Single Family: 1.81 persons/unit x 1.2 peak factor for modeling=2.17 persons Multi-Family: 1.42 persons/unit x 1.2 peak factor for modeling= 1.70 persons Total population: 62 SF units x 2.17 = 135 persons 590 MF units x 1.70 = 1,003 persons Total = 1,038 persons Peak hour demands are estimated using a peaking factor(PF) from"10 State Standards". PF = (18+(P) '%)/(4 +(P) A'),where P=population/1000 = (18 +(1.038) % )/(4+(1.038) %) = 3.79 Peak Hour Factor Wastewater Flows: 1,038 persons x 120 Gallons Per Day (GPD) per capita(North County WWTP LOSS) = 124,560 GPD Average Daily Flow (ADF) Peak Flow= 124,560 GPD/24 hrs/day/60 min/hr x 3.79 PF =330 GPM (Peak) Therefore,there is available sewage treatment capacity for the project. 9 COCOHATCHEE BAI ENVIRONMENTAL SUPPLEMENT FOR COLLIER COUNTY PUD AMENDMENT AMENDED OCTOBER 2014 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 (239)643-0166 9A COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 COCOHATCHEE BAY COLLIER COUNTY PUD AMENDMENT ENVIRONMENTAL SUPPLEMENT TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION 3 2. EXISTING CONDITIONS(PRE-DEVELOPMENT) 4 2.1 VEGETATION ASSOCIATIONS 4 2.2 EXISTING TOPOGRAPHY&DRAINAGE PATTERNS 7 2.3 WETLANDS AND OTHER SURFACE WATERS 8 2.3.1 WETLAND SEASONAL HIGH WATER TABLE AND HYDROPERIOD 8 2.3.2 JURISDICTIONAL STATUS OF WETLANDS AND OTHER SURFACE WATERS 8 2.4 LISTED PLANT AND ANIMAL SPECIES 8 2.5 HISTORICAL/ARCHAEOLOGICAL RESOURCES 8 2.6 SoILs 9 3. PROPOSED CONDITIONS(POST-DEVELOPMENT) 11 3.1 PROPOSED PROJECT 11 3.2 PROJECT IMPACTS TO WETLANDS 12 3.2.1 DIRECT,PERMANENT IMPACTS 13 3.2.2 TEMPORARY IMPACTS 13 3.2.3 SECONDARY IMPACTS TO OFF-SITE WETLANDS AND WATER RESOURCES 13 3.3 PRESERVATION,ENHANCEMENT,RESTORATION,AND CREATION OF WETLANDS 13 3.4 PROJECT IMPACTS TO LISTED SPECIES 14 3.5 PROJECT IMPACTS TO ARCHAEOLOGICAL/HISTORICAL RESOURCES 16 4. WETLAND MITIGATION PROGRAM 17 4.1 ADDITIONAL COMPONENTS OF MITIGATION PROGRAM 17 4.2 GENERAL MITIGATION SPECIFICATIONS 18 5. WETLAND MITIGATION MONITORING PROGRAM 20 6. MITIGATION/PRESERVE MANAGEMENT PROGRAM 22 Page 1 of 22 91t , COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 APPENDICES FIGURES: FIGURE 1 LOCATION MAP FIGURE 2 EXISTING FLUCCS AND WETLANDS(AERIAL) FIGURE 3 EXISTING FLUCCS AND WETLANDS(No AERIAL) FIGURE 4 PROPOSED SITE PLAN FIGURE 5 NATIVE VEGETATION MAP FIGURE 6 WETLAND IMPACTS MAP FIGURE 7 PRESERVE MAP FIGURE 8 EAGLE NEST LOCATION MAP FIGURE 9 THREATENED AND ENDANGERED SPECIES MAP FIGURE 10 SOILS MAP APPENDIX A: COCOHATCHEE BAY FLUCCS TABLE APPENDIX B: THREATENED AND ENDANGERED SPECIES SURVEY APPENDIX C: PRESERVE MANAGEMENT PLAN APPENDIX D: GOPHER TORTOISE MANAGEMENT PLAN APPENDIX E: AMENDED BALD EAGLE MANAGEMENT PLAN APPENDIX F: DIVISION OF HISTORICAL RESOURCE LETTER Page 2 of 22 9A ;. COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 1.INTRODUCTION The Cocohatchee Bay project site is located in northwest Collier County off Vanderbilt Drive and Wiggins Pass Road. The PUD project boundary encompasses portions of Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. The currently approved project consists of a multi-family high rise residential community, a golf course, tennis courts, clubhouses, a 35 slip docking facility, and the required lakes and infrastructure. The current amendment proposal is to replace the permitted golf course with 62 residential units, eliminate the docking facility, and reconfigure some of the lakes and infrastructure. The PUD amendment also adds a 93+ acre parcel into the PUD boundary. All of the added acreage will be dedicated as preserve. Since the previously proposed golf course will be eliminated from the project plan, the overall project development footprint will be reduced in size. The project site was previously approved with approximately 530 acres contained within the permitted PUD boundary. This amendment increases the acreage within the PUD boundary to approximately 625.6 acres. Clearing and earthwork associated with the permitted golf course had started several years ago but was put on hold before anything was completed. Currently, those areas that were disturbed have become infested to varying degrees by melaleuca and downy rose myrtle. The 625.6 acre PUD footprint contains approximately 153.7 acres of upland habitats, 339.3 acres of wetland habitats (34.4 acres of which are below MHW), 130.2 acres of open water, and 2.4 acres of other surface waters. Approximately 420.2 acres currently meet the County definition of native habitat however, the native habitat preserve requirement was established under the previous PUD approval which had 428.2 acres of native vegetation and was required to preserve 25% or 107 acres. The addition of the 93.6 acre parcel adds another 64.7 acres of native habitat to the PUD so the current plan must preserve at least 25% of 492.9 acres which equals 123.2 acres. The current PUD Amendment identifies approximately 250 (all above MHW) acres that will be preserved. This well exceeds the 123.2 acre requirement. In addition, all of the area below MHW will also be retained though no conservation easement will be placed on it. (See Figures 2 and 3 for FLUCCS information and Figure 5 for Native Habitat information). The SFWMD had reviewed and permitted the original project and found it consistent with the storm water management and water quality criteria of the State of Florida. No changes to existing water levels or hydroperiod regimes within the preserve areas are proposed. Given that the current proposal is a reduction in impacts from what was previously permitted, it is not expected that water levels or hydroperiod regimes will change. All internal stormwater will pass through the surface water management system for treatment prior to discharge off of the project site. Details of this system can be reviewed in the reports and documentation from the civil engineers. The County GMP assigns a ranking to native preserve areas and requires that"areas known to be utilized by listed species or that serve as corridors for the movement of wildlife...." be given the highest priority for preservation. The entire site has been designated as listed species habitat by FWS for the federally protected eastern indigo snake, wood stork, and bald eagle. The FFWCC has also reviewed the project in the past and there is an existing gopher tortoise take permit issued for the project site which originally allowed for the relocation of gopher tortoises into the proposed project preserves but has since been amended to allow for off-site relocation. Additional coordination will be needed with FFWCC as part of the ERP permitting process to address modifications to the proposed preserve areas and to allow for additional off-site relocation. This document provides information concerning the proposed Cocohatchee Bay PUD project as it relates to natural resources and environmental issues. It was written to support an application submitted to Collier County for an amendment to the existing PUD zoning designation. Page 3 of 22 9A , ,, COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 2. EXISTING CONDITIONS(PRE-DEVELOPMENT) 2.1 VEGETATION ASSOCIATIONS The existing habitat types (based on DOT FLUCCS codes) are shown in Figures 2 and 3. The following table provides a listing of the major FLUCCS map units present on the property as well as the most common vegetative components and estimated percentage of exotic infestation. Of the total 625.6 acres contained within the Cocohatchee Bay property boundary, 25% classify as uplands (153.7 ac.), 54% classify as wetlands (339.3 ac.) and the remaining 21% is Open Water (132.6 ac.). Several areas of the property have been infested to some degree by noxious exotic vegetation including melaleuca, Brazilian pepper, ear-leaf acacia, and downy rose myrtle. 321 —Palmetto Prairies, 1.86 acres 0.30% of site Saw Palmetto Serenoa repens G Common Staggerbush Lyonia fruticosa G Rare Grapevine Vitus rotundifolia V Occasional Greenbriar Smilax spp. V Occasional 411 —Mesic Pine Flatwoods (0 to 75%exotics), 67.85 acres 10.83%of site Slash Pine Pinus elliottii C Common Melaleuca Melaleuca quinquenervia C & M Common to Dominant Saw Palmetto Serenoa repens G Common Myrsine Myrsine guianensis M Occasional Wax Myrtle Myrica cerifera M Occasional Brazilian Pepper Schinus terebinthifolia M Rare to Common Downy Rose-myrtle Rhodomyrtus tomentosa M Rare to Dominant Gallberry Ilex glabra G Occasional Wiregrass Aristida stricta G Common Staggerbush Lyonia fruticosa G Common Grapevine Vitus rotundifolia V Occasional Greenbriar Smilax spp. V Occasional 416—Scrub Flatwoods, 32.69 acres 5.22% of site Slash Pine Pinus elliottii C Common Hog Plum Ximenia Americana C Common Sand Live Oak Quercus geminata C Common Myrtle Oak Quercus myrtifolia C Common Runner Oak Quercus pumila M Occasional Saw Palmetto Serenoa repens G Common Staggerbush Lyonia fruticosa M Occasional Wax Myrtle Myrica cerifera M Occasional Rosemary Ceratiola ericoides M Common Wiregrass Aristida stricta G Common Page 4 of 22 9A : 1 COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 Rusty Lyonia Lyonia ferruginea M Rare Shiny Blueberry Vaccinium myrsinites G Occasional Grapevine Vitus rotundifolia V Occasional Greenbria! Smilax spp. V Occasional 421 —Scrub Oak, 4.15 acres 0.66% of site Sand Live Oak Quercus geminata C Common Myrtle Oak. Quercus myrtifolia C Common Runner Oak Quercus pumila M Occasional Grapevine Vitus rotundifolia V Occasional Greenbriar Smilax spp. V Occasional 422—Brazilian Pepper, 1.61 acres 0.26%of site Brazilian Pepper Schinus terebinthifolius M Dominant Melaleuca Melaleuca quinquenervia M Rare Wax Myrtle Myrica cerifera M Rare Greenbriar Smilax spp. V Occasional 424—Melaleuca, 1,11 acres 0.18% of site Slash Pine Pinus elliottii C Occasional to Rare Melaleuca Melaleuca quinquenervia C & M Dominant Myrsine Myrsine guianensis M Rare Wax Myrtle Myrica cerifera M Rare 427—Live Oak, 1.42 acres 0.23% of site Live Oak Quercus virginiana C Common Saw Palmetto Serenoa repens G Common Grapevine Vitus rotundifolia V Occasional 429—Willow Marsh/Cattail Marsh, 4.91 acres 0.78% of site Carolina Willow Salix caroliniana C Common Cattail Typha angustifolia L. C Common 611 —Bay Swamps, 19.31 acres 3.08% of site Swamp Bay Persea palustris C Common Sweet Bay Magnolia virginiana C Occasional Dahoon Holly Ilex cassine C Occasional Laurel Oak Quercus laurifolia C Occasional Brazilian Pepper Schinus terebinithifolia C & M Common Swamp Fern Blechnum serrulatum G Occasional Page 5 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 612—Mangrove Swamps, 224.33 acres 35.82% of site Red Mangrove Rhyzophora mangle C Common Black Mangrove Avicennia germinans C Common White Mangrove Laguncularia racemosa C Common 617—Mixed Wetland Hardwoods, 0.57 acres 0.09% of site Sweet Bay Magnolia virginiana C Occasional Lauren Oak Quercus laurifolia C Common Red Maple Acer rubrum C Occasional Dahoon Holly Ilex cassine C Occasional Brazilian Pepper Schinus terebinithifolius C & M Common 621- Cypress, 19.56 acres 3.12% of site Cypress Taxodium distichum C Common Melaleuca Melaleuca quinquenervia C Common Swamp Fern Blechnum serrulatum G Occasional Yellow Eyed Grass Xyris iridifolia G Occasional Sawgrass Cladium jamaicense G Occasional 624- Cypress/Pine, 3.37 acres 0.54% of site Cypress Taxodium distichum C Common Slash Pine Pinus elliottii C Common Melaleuca Melaleuca quinquenervia C Common to Dominant Wax Myrtle Myrica cerifera M Occasional Yellow Eyed Grass Xyris iridifolia M Occasional Goldenrod Euthamina minor G Occasional 625—Hydric Pine Flatwoods, 15.79 acres 2.52 %of site Slash Pine Pinus elliottii C Common Melaleuca Melaleuca quinquenervia C, G, M Dominant to Common Swamp Fern Blechnum serrulatum G Occasional Yellow Eyed Grass Xyris iridifolia G Occasional Sawgrass Cladium jamaicense G Occasional 631 —Wetland Scrub, 1.48 acres 0.24% of site Carolina Willow Salix caroliniana C Common Sawgrass Cladium jamaicense G Occasional 641 — Freshwater Marshes, 14.78 acres 2.36% of site Melaleuca Melaleuca quinquenervia C Rare Sawgrass Cladium jamaicense G Dominant Page 6 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 Yellow Eye Grass Xyris iridifolia G Common Wire Grass Aristida stricta G Common 642—Saltwater Marshes, 3.05 acres 0.49% of site Black Needle Rush Juncus roemerianus G Common Leather Fern Acrostichum daneifolium G Common 643—Wet Prairies, 6.87 acres 1.10% of site Sawgrass Cladium jamaicense G Occasional Yellow Eyed Grass Xyris iridifolia M Occasional 740—Disturbed Areas (0 to 80% exotic), 63.24 acres 10.11% of site Melaleuca Melaleuca quinquenervia C & M Common to Dominant Earleaf Acacia Acacia auriculiformis C Common to Dominant Wax Myrtle Myrica cerifera M Occasional Brazilian Pepper Schinus terebinthifolia M Rare to Common Downy Rose-myrtle Rhodomyrtus tomentosa M Rare to Dominant Gallberry Ilex glabra G Occasional Wiregrass Aristida stricta G Common Staggerbush Lyonia fruticosa G Common Grapevine Vitus rotundifolia V Occasional Greenbriar Smilax spp. V Occasional C=Canopy M=Midstory G=Groundcover V=Vine E=Epiphyte *-Protected species The remaining 18% of the site consist of areas such as the Borrow Areas, open water, bays and estuaries, and roadways. 2.2 EXISTING TOPOGRAPHY&DRAINAGE PATTERNS During the rainy season, water generally flows across this site from north to south. The site is one of the last remaining undeveloped parcels amidst the surrounding development. Flow obstacles (berms, roads, etc.) are present which have the potential to concentrate and back up water onto the wetland areas on this as well as on adjacent sites. However, the project has provided conveyance capacity across the site to compensate for the storage lost through the direct impacts proposed and to insure that water flowing from offsite properties to the north can continue to pass through the project lands to the south as is currently occurring. Water lines, lichen lines, and adventitious roots on several plants are visible in most wetland areas. These biological indicators reflect that water levels commonly experienced across the site can be from up to :3 feet deep in the depressional wetland areas to a couple of inches deep in the wet prairie and ephemeral wetland areas. The hydroperiod is extremely variable throughout the year and ground water levels typically drop to more than four feet below grade during the dry season. Page 7 of 22 COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 2.3 WETLANDS AND OTHER SURFACE WATERS The wetland boundaries where delineated and approved during the previous permitting associated with this project site. The wetland delineation methodologies and criteria set forth by the state (in Chapter 62-340, FAC, Delineation of the Landward Extent of Wetlands and Surface Waters) and the US Army Corps of Engineers (in the 1987 Corps of Engineers Wetlands Delineation Manual) were followed in determining whether an area classified as a wetland or other surface water and in delineating the limits (boundaries) of potential jurisdictional wetlands and other surface waters. The current PUD amendment proposal does not change the previously permitted wetland limits except to modify a couple of areas that were impacted with the construction of the Vanderbilt Drive overpass. Figure 2 depicts the wetlands present on the project lands and immediately adjacent areas. 2.3.1 WETLAND SEASONAL HIGH WATER TABLE AND HYDROPERIOD Seasonal high water elevations were determined utilizing water lines, lichen lines, adventitious rooting, and other hydrological indicators. The control elevation for the site was determined utilizing this information in coordination with the previous ERP permitting with the SFWMD. 2.3.2 JURISDICTIONAL STATUS OF WETLANDS AND OTHER SURFACE WATERS The wetland lines established were based on the state methodology, all wetland boundaries were flagged (marked) by staff biologist and were then subsequently survey-located. All of the wetlands present on the project lands (and delineated with the two methodologies) were jurisdictional with both the State and Federal permitting agencies per their delineation guidelines. 2.4 LISTED PLANT AND ANIMAL SPECIES A thorough survey for listed animal and plant species has been conducted on the project lands by Turrell, Hall & Associates biologists. This threatened and endangered species survey and its results are discussed in Appendix B. The report describes the approximate locations where listed animal species were observed on and near the project lands during the course of the referenced survey. The listed animal species observed on project lands by Turrell, Hall &Associates included gopher tortoise, bald eagle, snowy egret, tricolored heron, and white ibis. There is an active bald eagle nest located on the western property and many gopher tortoises burrows located on both the east and west parcels. None of the wading bird species observed reside or nest on the project lands. A few listed animal species, in addition to those documented on the project lands, have the potential to occurring in certain habitats present on project lands. These species are further discussed in Appendix B and include; eastern indigo snake, gopher frog, roseate spoonbill, and wood stork. The probability of these animals utilizing suitable habitats in project lands ranges from high to low depending upon the particular species. It is improbable that any of these species currently reside or nest on the project lands. 2.5 HISTORICAL/ARCHAEOLOGICAL RESOURCES An archaeological survey was conducted on the property in 2001 by the Archaeological and Historical Conservancy. The survey identified eight small discrete areas of shell refuse Page 8 of 22 91½ COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 representing local subsistence/procurement areas. None of these areas were eligible for listing on the National Register of Historic Places. It was the opinion of the surveying archaeologist that the proposed development would have no effect on any cultural resources listed or eligible for listing in the National Register of Historic Places. These results were submitted to the Florida Department of State, Division of Historical Resources (DHR) for their review. DHR responded in a letter dated 7/05/01 that they concurred with the findings. A copy of this Report is provided as Appendix F. Given the above, it does not appear that development of the Cocohatchee Bay property will impact any historic properties listed or eligible for listing, in the National Register of Historic Places but the presence of the shell scatters dictates that additional care is taken during the initial clearing and earthwork activities. The recommendation made was to have an archaeologist present during the initial clearing activities so that additional observations could be made while construction was ongoing. If a suspected archaeological or historical artifact is discovered during the course of site development activit es (construction, clearing, etc.), the development activities at the specific site will be immediately halted and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action. 2.6 SOILS Based on the National Resource Conservation Service (NRCS) "Soil Survey of Collier County Area, Florida" (NRCS, 1998) there are 8 different soil types (soil map units) present on the project lands. Figure 10 provides a soils map for the project area as derived from the NRCS mapping. The following sub-sections provide a brief description of each soil map unit identified on the project lands. Information is provided about the soil's landscape position (i.e. its typical location in the landscape on a county-wide basis), the soil's profile (i.e. textural composition and thickness or depth range of the layers or horizons commonly present in the soil), and the soil's drainage and hydrologic characteristics. In addition, the hydrologic soil group is also identified for each soil. There are 4 groups that are used to estimate runoff from precipitation. Soils are grouped according to the rate of infiltration of water when the soils are thoroughly wet and are subject to precipitation from long-duration storms. The four groups range from A(soils with a high infiltration rate, low runoff potential, and a high rate of water transmission) to D (soils having a slow infiltration rate and very slow rate of water transmission). The soils occurring on project lands are as follows: Immokalee Fine Sand Landscape position —poorly drained sloughs and poorly defined drainageways. Soil profile—Surface layer is dark gray fine sand about 5 inches thick. The subsurface is fine sand to a depth of 57 inches. The subsoil is white and the lower part is light gray and dark grayish brown down to about 62 inches. Limestone bedrock is at a depth of about 62 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is moderate to moderately slow. The seasonal high water table (apparent) is within a depth of 12 inches for 3 to 6 months. Water table can recede to more than 40 inches during dry periods. Mvakka Fine Sand Landscape position —Poorly drained soil on flatwoods Page 9 of 22 COCOHATCHEE BAY 9A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 Soil profile — Surface layer is typically dark gray fine sand about 7 inches thick. The subsurface is light gray fine sand to a depth of 27 inches. The subsoil is black and the lower part is brown. Substratum is yellowish brown fine sand to a depth of about 80 inches. Drainage/Hydrologic characteristics— Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is within a depth of 6 - 18 inches for 1 to 6 months. Water table can recede to more than 40 inches during extended dry periods. Basinger fine sand Landscape position —Sloughs and poorly defined drainageways. Soil profile —All soil horizons present to a depth of 80 inches or more are comprised of fine sand. A weak spodic horizon occurs beginning at depths ranging from 12 to 38 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is rapid. The seasonal high water table (apparent) is within 12 inches of the surface for 3 to 6 months. Shallow standing water is present for about 7 days following peak rainfall events during the wet season. This soil is classified as a hydric soil by the NRCS. Boca, Rivera, limestone substratum and Copeland fine sand, depressional(Map Unit#25) Landscape position— Depressions, cypress swamps, and marshes. Soil profile for Boca soil—Surface layer to a depth of 4 inches consists of very dark gray fine sand. Subsurface layers to a depth of about 26 inches consist of light gray to brown fine sand. The subsoil below these layers to a depth of 30 inches is dark grayish brown fine sandy loam. Limestone bedrock is at a depth of around 30 inches. Soil profile for Rivera soil — The surface layer to a depth of 6 inches is gray fine sand. The subsurface layers to a depth of 32 inches consist of light brownish gray fine sand. The subsoil layers consist of grayish brown to dark gray sandy clay loam to a depth of 54 inches. Limestone bedrock is at a depth of around 54 inches. Soil profile for Copeland soil —The surface to a depth of 6 inches consists of black fine sand. The subsurface layers to a depth of 18 inches consist of very dark grayish brown to dark gray fine sand. The subsoil layer is light gray mottled sandy clay loam to a depth of about 24 inches. The substratum is a light gray marl to a depth of around 30 inches. Limestone bedrock is at a depth of around 30 inches. Drainage/Hydrologic characteristics—Very poorly drained. Permeability is moderate to moderately slow. Seasonal high water table (apparent) is up to 2 feet above the surface for 6 months or more typically. This soil is classified as a hydric soil by the NRCS. Pineda and Riviera fine sands Landscape position—Sloughs and poorly defined drainageways. Soil profile for Pineda — Surface layer to a depth of about 4 inches consists of dark grayish brown fine sand. Subsurface layer to depth of about 12 inches consist of light brownish gray fine sand. Subsurface layers below this to a depth of 55 inches consist of sand or fine sand. Below these layers the subsoil is brownish yellow fine sandy loam, dark grayish brown sandy clay loam. Limestone bedrock begins at a depth of about 55 inches. Drainage/Hydrologic characteristics — Poorly drained. Permeability is slow. The seasonal high Page 10 of 22 9 a COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 water table (apparent) is within a depth of 12 inches for 3 to 6 months and can recede to a depth of more than 40 inches during extended dry periods. Urban Land-Holopaw-Basinger Complex Landscape position—Urban areas and poorly drained soils Soil profile for Holopaw soil—Surface layer to a depth of 5 inches consists of dark gray fine sand. Subsurface layers to a depth of about 52 inches consist of fine sand, the upper layer is light gray and lower layer is light brownish gray. The subsoil below these layers to a depth of 62 inches and the upper layer is dark grayish fine sand and the lower layers is dark grayish brown fine sandy loam. Soil profile for Basinger soil —The surface layer to a depth of 3 inches is grayish brown fine sand. The subsurface layers to a depth of 25 inches consist of light gray fine sand. The subsoil layers consist of brown fine sand to a depth of 80 inches. Drainage/Hydrologic characteristics — is a moderate to moderately slowly drained. Permeability is rapid. Seasonal high water table(apparent)is up to 12 inches for 3 to 6 months or more typically. Satellite Fine Sand Landscape position—low coastal ridge Soil profile — Surface layer to a depth of about 3 inches consists of gray fine sand. Subsurface layer to depth of about 80 inches consist of a light gray to white fine sand. Drainage/Hydrologic characteristics — very rapid drainage and the seasonal high water table (apparent)is at a depth of 18 to 42 inches for 1 to 6 months. Durbin and Wulfert Lucks,frequently flooded Landscape position—In tidal mangrove areas Soil profile for Durbin soil—Surface layer to a depth of 63 inches consists of dark reddish brown to black muck. Subsurface layers to a depth of about 80 inches consist of dark gray fine sand. Soil profile for Wulfert soil — The surface layer to a depth of 40 inches is dark reddish brown to black muck.The subsurface layers to a depth of 80 inches consist of dark gray fine sand. Drainage/Hydrologic characteristics — is rapid for both types and water table depths wary due to tidal influence but typically is 12 inches below surface. 3.PROPOSED CONDITIONS(POST-DEVELOPMENT 3.1 PROPOSED PROJECT The currently proposed amendment to the Cocohatchee Bay project results in a maximum of 652 living units, tennis courts; an associated clubhouse, the required lakes and infrastructure, and a substantial (at least 250 acres) preserve area with mangrove, forested freshwater, and upland gopher tortoise preserve components. Construction of the project will result in direct dredge and fill impacts to approximately 44.4 acres of State and Federal jurisdictional wetlands. Retained lands around the development could result in an additional 26.7 acres of indirect impacts though it is anticipated that these additional lands will be incorporated into the preserve areas as part of the Page 11 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 ERP review with State and Federal agencies. The main access to the project is via Wiggins Pass Road along the south side of the east parcel and Vanderbilt Drive along the eastern boundary of the western parcel. In conjunction with the proposed development, several preserves will be established, enhanced, and maintained in perpetuity. All of the proposed preserves will be enhanced through the removal of exotic vegetation, the re- establishment of native species within the preserve areas, and specific management activities designed to enhance the habitats for wildlife utilization. Species specific management activities such as mid-story vegetation control and enhancement plantings will also be undertaken to enhance and augment the viability of the native habitat for listed species utilization. All preserve areas required by the County LDC will be placed under conservation easements granted to the County and will be maintained exotic free in perpetuity. The upland preserve areas on the eastern property will be utilized as gopher tortoise preserves which will also be maintained in perpetuity. It is anticipated that one or more property owner's association(s), or some other legal entity(ies) will managing the preserves to insure they are maintained. Most of the wetland preserve area consists of mangrove forest particularly on the western property which abuts to the Wiggins Pass intercoastal area. It is anticipated that additional preserve areas will be set aside as part of the Environmental Resource Permitting review with the State and Federal agencies. These additional preserves will be protected via conservation easements to the appropriate entity, most likely the South Florida Water Management District. Various acreage estimates for the proposed project are provided below. • Approximate area within original Cocohatchee Bay PUD boundary= 532.1 acres • Approximate area being added to Cocohatchee Bay PUD boundary= 93.5 acres • Approximate area within new proposed Cocohatchee Bay PUD boundary= 625.6 acres • Approximate wetlands within the PUD Boundary= 339.3 acres(34.4 acres below MHW) • Approximate Open Water within the PUD Boundary= 130.2 acres • Approximate OSW within the PUD Boundary= 2.4 acres • Approximate lands below MHW within the PUD Boundary= 164.6 acres • Approximate uplands within the PUD boundary= 153.7 acres • Approximate native habitat within PUD boundary= 492.9 acres(428.2 from original PUD) • Approximate area to be developed as part of the project= up to 158 acres • Approximate native habitat preservation required (by LDC)= 25%of 492.9 = 123.2 acres • Approximate area to be preserved in new proposal =250 acres 3.2 PROJECT IMPACTS TO WETLANDS The project as currently proposed will impact up to 44.4 acres of wetlands which have been degraded to varying degrees by exotic vegetation infestations and hydrological impacts. Modifications that may arise as part of the ERP review process could alter this acreage slightly. Figure 6 illustrates the wetlands that could be impacted. Appendix A, Table 1 provides the existing habitat types (FLUCCS map units)occurring in the wetlands to be impacted. During construction, appropriate best management practices will be employed to help protect water quality and minimize the discharge of sediments and/or turbid water from the project site. The specific erosion/sediment/turbidity control methods and devices used will generally conform to applicable standards and criteria set forth in the "FDER Florida Development Manual," Sections 6- 301 through 6-500 (FDER. 1988. "The Florida Development Manual: A Guide to Sound Land and Water Management," Chapter 6: "Storm Water and Erosion Control Best Management Practices for Developing Areas; Guidelines for Using Erosion and Sediment Control Practices"). Page 12 of 22 9A COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 3.2.1 DIRECT,PERMANENT IMPACTS Development of the proposed project will result in direct, permanent impacts to a maximum of 44.4 acres of jurisdictional wetlands. As used herein, the term "direct, permanent impacts" refers to actions that will result in the complete elimination of jurisdictional areas (i.e. excavation and fill). The remainder of the existing on-site and off-site wetlands will be preserved or retained. Figure 6 illustrates the proposed permanent wetland impacts. The wetlands proposed to be permanently impacted are all degraded to some extent by exotic vegetation and hydrological impacts. WRAP scores for the existing functional values of these wetlands range from 0.306 to 0.806. Mitigation credits have been purchased from the Panther Island Mitigation bank as part of previous permitting efforts and these credits will off- set the proposed impacts, which are less than previously permitted. 3.2.2 TEMPORARY IMPACTS Conducting the proposed wetland mitigation program for the project will result in temporary "impacts"to certain on-site wetlands within the preserve area. As used herein, "temporary impacts" refer to those impacts that represent a temporary physical disturbance to wetlands but the affected areas still remain as wetlands following this disturbance. The effects of the exotic removal and possible grading activities proposed should not be considered wetland "impacts" since they are necessary to carry out the habitat improvement activities and will result in overall positive benefits to the affected wetland areas. 3.2.3 SECONDARY IMPACTS TO OFF-SITE WETLANDS AND WATER RESOURCES The proposed layout of the project's development features will minimize potential secondary impacts to the adjacent off-site wetlands by providing an appropriate buffer between the development features and these wetlands. Potential secondary impacts to on-site wetlands outside of the preserve areas could occur as a result of landscaping or water management activities. These areas will be better defined in association with the final preserve delineation completed during the ERP process. 3.3 PRESERVATION AND ENHANCEMENT OF WETLANDS The proposed direct wetland impacts are less than what was previously approved and mitigated for in the existing permits. These impacts were to be compensated for by conducting mitigation activities in the on-site preserve areas as well as through the purchase of off-site mitigation credits. The WRAP assessment approved as part of the existing permits showed that the on-site enhancement activities did not fully compensate for the impacts so an additional 20.95 mitigation credits were purchased from the Panther Island Mitigation Bank. The current PUD amendment proposal reduces the acreage of direct wetland impacts from 53.27 acres to 44.67 acres. The on-site enhancement activities will need to be resumed as no maintenance has occurred in the past several years. Table 1 of Appendix A lists the extent of each habitat type (FLUCCS mapping units; vegetation associations) anticipated in the preserve area following the completion of the enhancement activities. Major components of the enhancement activities include: • Eradication and control of Category 1 and 2 invasive exotics identified in the Florida Exotic Pest Plant Council's (EPPC) "List of Invasive Species", in general accordance with LDC 3.05.07.H.1.g.ii. Page 13 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 • Eradication and control of nuisance plant species as necessary (target control likely <5% cover by nuisance species). As used herein, "nuisance" plant species are native plants that tend to colonize disturbed areas rapidly and thus can out-compete desirable native species. Examples include cattail, dog fennel, ragweed, and grapevine. The mitigation areas will be protected via placing them into conservation easements required by Collier County pursuant to LDC 3.05.07.H.1.d. These areas may also be protected by placing them ,ygq into a separately recorded conservation easement pursuant to requirements of state and federal permitting agencies. 3.4 PROJECT IMPACTS TO LISTED SPECIES A thorough survey for listed animal and plant species was conducted on the project lands by Turrell, Hall & Associates biologists. This listed species survey and its results are discussed in Appendix B. Figures 8, and 9 show the approximate locations where listed animal species were observed on and near the project lands during the course of the referenced survey. The listed animal species observed on project lands by Turrell, Hall & Associates included gopher tortoises, snowy egret, tricolored heron, white ibis, and bald eagle. Other than the bald eagle and gopher tortoises, none of the observed listed animal species reside or nest on the project lands. Appendix D and Appendix E provide protection plans (habitat management plans) for the listed species that were documented utilizing the project lands and for some additional listed wading birds. The following subsections provide an assessment of the proposed project's potential impacts to various listed animal species. The species addressed include those observed on or in close proximity to the project property as well as certain species that could potentially occur on or adjacent to the project site. Bald Eagle(Haliaeetus leucocephalus) Bald eagles began nesting on this site in 1998. The original nest was located in a dead, deteriorating slash pine tree on the southern portion of the parcel west of Vanderbilt Drive. The eagles used this nest through the 2004-05 nesting season. In 2006, the eagles rebuilt their nest to the northwest of their previous site. In the 06-07 season the adult female was killed when she was electrocuted by power lines in the vicinity of the nest tree. Since the 06-07 season periodic observations have indicated that the eagles continue to utilize the site and have had fledged numerous eaglets. Observations over the years have shown that flight patterns into and out of the nest were predominately south, south-west from the nest tree. Several other pines around the nest serve as perches for the parents during the nesting season. A bald eagle management plan was developed during the previous permitting outlining when development could occur within proximity to the nest tree. This management plan will be amended through coordination with the FWS to reflect the currently proposed site plan as well as the current bald eagle management protocols. Gopher Tortoise (Gopherus polyphemus) Gopher tortoises utilize currently, or in the past utilized, three distinct areas of this site. The scrub / pine flatwoods west and contiguous to Vanderbilt Drive, a swathe of pine flatw000ds east of the road and a small area in the extreme north-east corner adjacent to U.S 41. The area adjacent to US 41 showed no evidence of recent use by tortoises. Page 14 of 22 91\ COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 When the past clearing occurred for the golf course (in 2002), all tortoises that would have been impacted were relocated into fenced preserve areas. Fencing around the preserves was not consistently maintained and tree limbs and wind breached the fence in several locations over the last few years. During the recent survey, several active burrows were located in previously cleared areas and will need to be relocated again as part of the future activities. The currently proposed plan will preserve approximately 16 acres of upland habitat appropriate for gopher tortoises under the County preserve requirements. This acreage is located within 4 distinct areas on the parcel, west of Vanderbilt Road, which currently support gopher tortoises. It is anticipated that additional acreage will be retained or preserved as part of the ERP review process. Approximately 296 active and inactive burrows were located during the most recent survey. To estimate the population of tortoises actually on the site a correction factor is applied to the number of active plus inactive burrows. The correction factor reflects the habitat type and the estimated utilization of burrows across the site. It was established using FWC protocols to estimate tortoise populations. The correction factor used by FWC is 0.50 (tortoises/burrow). This would give a population estimate of about 145 tortoises on the site. While we believe that this factor is too high for this site based on the several years worth of observations, future estimates of population will be based on established FWC protocols. We believe that the current estimation of 70 to 80 tortoises is more realistic. Due to the ongoing work on the western parcel, the tortoises on the parcel have been recently relocated. A total of 59 tortoises were relocated to approved off-site relocation banks per permit approvals from FWC. It is noted that if the number of tortoises that have to be relocated on the eastern parcel exceeds the carrying capacity of the proposed preserves, then off- site relocation to approved conservation banks will have to be explored for the eastern parcel as well. Various Listed Wading Birds Little blue herons (Egretta caerulea), snowy egrets (Egretta thula), tricolored herons (Egretta tricolor), and white ibis (Eudocimus a/ba) have been observed foraging in various locations on the Cocohatchee property, predominately during the wet season. Foraging activities occur in all of the on-site wetlands and along the shorelines of the borrow pond and mangroves. No nests of these species have been observed on the project lands. Development of the Cocohatchee Bay project will result in the loss of on-site wetlands thereby reducing potential foraging habitats for the listed wading birds mentioned. The proposed mitigation program will improve and increase wetland habitats that can be used by these species while the project lakes and shorelines will also provide potential foraging habitats. The listed species protection plan includes measures to help protect these species during project construction and operation. Overall, the proposed project will impact existing low-quality foraging habitats but should adequately compensate for these impacts and not threaten the continued existence of the cited listed wading birds. Eastern Indigo Snakes(Drvmarchon corals coupenl No indigo snakes have been observed on the project lands though the majority of these lands do provide suitable habitats for indigo snakes. Considering their elusive nature, their large home range, and the wide array of habitats they may utilize, there remains a limited potential that indigo snakes could occasionally frequent portions of the project lands. The listed species protection plan adopted as part of the Cocohatchee Bay project includes appropriate measures for helping ensure the protection of indigo snakes. The particulars of the protection plan for Indigo snakes set forth in the project's listed species protection plan basically follow the FWS's prescribed "Standard Protection Measures for the Eastern Indigo Snake". Given Page 15 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 the limited probability of any indigo snakes occurring on the project lands, it is anticipated that the project may affect, but is not likely to adversely affect this species. West Indian Manatee (Trichechus manatus) The approved multi-family dock would have supported the mooring of 35 vessels up to 40-feet in length. Since the currently proposed project eliminates the docks from the project plan, no impacts to manatees will occur. 3.5 PROJECT IMPACTS TO ARCHAEOLOGICAL/HISTORICAL RESOURCES As outlined in Section 2.5 of this report, it does not appear that development of the Cocohatchee Bay property will impact any historic properties listed, or eligible for listing, in the National Register of Historic Places. A qualified archaeological observer will be present during land clearing activities. If a suspected archaeological or historical artifact is discovered during the course of site development activities (construction, clearing, etc.), the development activities at the specific site will be immediately halted and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action. Page 16 of 22 9 A =' COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 4.WETLAND MITIGATION PROGRAM The Cocohatchee Bay project has proposed to establish a large on-site preserve area to compensate for wetland impacts associated with the development activities. The Preserve Management Plan, provided as Appendix C, outlines the enhancement and maintenance activities proposed within the preserve areas associated with the project. It also outlines the monitoring efforts that will be done to track and document the success of the enhancement efforts. A summary of the wetland and upland activities are outlined below. Development of the Cocohatchee Bay project will directly impact approximately 44.4 acres of existing wetlands located within the property boundary. Mitigation for these permanent wetland impacts has been provided through the previous permitting efforts. The preserve areas will encompass a minimum of 250 acres of upland and wetland habitats. An additional 130.2 acres of open estuarine waters and 34 acres of mangroves below MHW will also remain undisturbed within the PUD boundary. The wetland mitigation program involves enhancement of preserved wetlands and uplands, through exotic removal and restoration of native habitats, purchase of wetland mitigation credits, and the maintenance, management, and protection of these areas. This section describes key components of the wetland mitigation program. 4.1 ADDITIONAL COMPONENTS OF MITIGATION PROGRAM Protection of Wetlands and Uplands via Conservation Easements: The preserve areas will be placed under appropriate conservation easements which will protect the future integrity of the created and enhanced wetlands and uplands encompassed by the conservation area. The easements will ensure that the preserve areas are preserved and protected in perpetuity. Wetland and Upland Enhancement via Maintenance and Eradication of Exotic and Nuisance Plants: The preserve area will be maintained in perpetuity to ensure that the areas are free from exotic/invasive plant species immediately following maintenance events and such that exotic and nuisance plant species will constitute no more then 5% of the total plant cover in the interim between these maintenance events. Exotic invasive plant species will include Category I and Category II species identified in the current "Invasive Plant List" published by the Florida Exotic Pest Plan Council (FLEPPC) as well as Class I and Class II Prohibited Aquatic Plants listed in Chapter 62C-52.011, Florida Administrative Code. Nuisance plant species will include native plant species deemed detrimental due to their potential adverse competition with desirable native species. Visual inspection for exotic, non-native and nuisance plant invasion will be conducted annually and all exotic, non-native and nuisance vegetation including those defined by County codes and the Florida Exotic Pest Plant Council, found within the preserve areas will be flagged, mapped and reported for treatment. Felled material will be removed from the preserve areas where possible or killed in place where removal would cause extreme damage to the surrounding native areas. Any stumps remaining after the exotic, non-native and nuisance removal will be treated with a U.S. EPA approved herbicide and visible tracer dye to prevent regeneration from the roots. These maintenance activities will be performed in perpetuity as needed. Page 17 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 Wetland and Upland Preserve Delineation: Preserves will be clearly delineated with appropriate signage both during and after construction activities. Protective barricades will be used to cordon off construction areas and keep construction equipment out of preserve areas. A double row of silt fence will be used along preserve areas to separate them from the construction activities. The silt fence will remain in place until the perimeter berm is installed around the area of work. Appropriate signage will be placed along the development interface with the preserves at 100 to 150 foot spacing. 4.2 GENERAL MITIGATION SPECIFICATIONS The mitigation program will require exotic and nuisance plant eradication activities, grading activities, and planting activities as previously noted. The following paragraphs provide additional information and specifications regarding these activities. Exotic& Nuisance Vegetation Eradication: The previously noted eradication methods will be employed throughout the preserve area in both uplands and wetlands. They may include physical removal of exotics and/or directed herbicide applications as dictated by the mitigation feature type and specific conditions and species encountered. Initial exotic and nuisance plant eradication efforts will involve a combination of methods including directed herbicide applications and cutting down exotics with subsequent application of herbicides to the stumps. Non-mechanized exotic and nuisance plant eradication methods will be employed wherever practical in order to preserve the greatest amount of existing native vegetation still present within the preserve areas. Methods include the use of hand implements such as chainsaws and machetes to cut down exotic vegetation with follow-up applications of herbicides as well as directed herbicide applications alone. Areas of exotic eradication handled in this manner will be allowed to recruit naturally for a year before determining if any replanting is necessary. Mechanical clearing of exotics may be employed where density and size of the material make hand removal impractical. In areas of mechanical eradication, replanting of native vegetation will be conducted immediately following the eradication activities. During the initial exotic/nuisance vegetation eradication process, felled materials will be generally removed from the perimeter of the preserve areas. Some felled woody plants will be stacked on- site, as necessary to best preserve desirable vegetation and provide for re-growth of desirable plants. Where stacking is employed, piles will be segregated into a limited number of scattered areas. Following initial eradication process, subsequent maintenance events will commonly employ non- mechanized exotic and nuisance plant eradication methods. These methods may include directed herbicide applications and/or physical removal of exotics. Planting Specifications: Certain mitigation activities may require planting native vegetation. The final determination of plant species to install may vary from these descriptions depending on site conditions and the species availability. Specifications for planting mitigation/enhancement activity types (features or areas)are as follows: Wetland Marsh and Wetland Prairie (FLUCCS 641 & 643) ---- Ground cover species will be planted on maximum 3-foot centers (average) using minimum bare-root or liner stock. They will typically be planted in staggered rows and in clusters. For that portion of the area that is Page 18 of 22 91\ COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 an existing wetland, the density of plantings required may be reduced depending upon the cover provided by viable native plants remaining following completion of the initial exotic eradication process. Herbaceous Wet prairies (643) must be planted with a mixture of appropriate wetland ground cover species. Where extensive areas must be planted, install at least 5 different species. Graminoids should primarily be planted in these wet prairie areas. Hydric Pine and Pine/Cypress (FLUCCS 624 & 625) ---- Canopy species will be minimum 3- gallon stock with a minimum height of 4 feet. Sub-canopy species will be installed on maximum 7-foot centers using minimum I-gallon stock. Ground cover species will be planted on 3-foot centers(average)throughout the area using minimum bare-root or liner stock. Page 19 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 5.WETLAND MITIGATION MONITORING PROGRAM The permittee will submit monitoring reports documenting general conditions in the Cocohatchee Bay preserve areas established for the project's wetland impact mitigation program. One "baseline", one"time zero", and five annual monitoring reports will be submitted. The "baseline" monitoring report (with monitoring conducted prior to initiation of mitigation activities)will provide the following information: 1. Brief description of current conditions within the preserve area. 2. Brief description of anticipated maintenance/management work to be conducted over the next year. 3. A summary of rainfall data collected during the year preceding the monitoring report based on rainfall data recorded at an onsite station. 4. Photographs documenting conditions in the preserve area at the time of monitoring. Photos will be taken at permanent photo stations within the preserves. At least two photos will be taken at each station with the view of each photo always oriented in the same general direction from one year to the next. 5. Quantitative data collected from various habitat types documenting existing vegetation composition and wildlife utilization. The "time zero" monitoring report (with monitoring conducted shortly after completion of all initial mitigation activities)and the five annual monitoring reports will provide the following information: 1. Brief description of maintenance and/or management and/or mitigation work performed since the previous monitoring report along with discussion of any other significant occurrences. 2. Brief description of anticipated maintenance/management work to be conducted over the next year. 3. A summary of rainfall data collected during the year preceding the monitoring report based on rainfall data recorded at an onsite station. 4. A summary of water table elevation data collected from the on-site piezometers or continuous recording water level gauges. Data (water table elevations)will be collected at least bi-weekly during the peak of the wet season (late July through mid-October). 5. Photographs documenting conditions in the preserve area at the time of monitoring. Photos will be taken at four permanent photo stations within the on-site Preserve. At least two photos will be taken at each station with the view of each photo always oriented in the same general direction from one year to the next. 6. Quantitative data will be collected from mitigation/enhancement areas as outlined in the Monitoring Plan included as Appendix C. 7. Other general observations made in various portions of the preserve area. These observations will address potential problem zones, general condition of native vegetation including planted species, wildlife utilization as observed during monitoring, and other pertinent factors. 8. A plan view drawing of the preserve area showing mitigation features, monitoring transects/sampling plots, photo stations, and piezometers/staff gage locations. 9. A summary assessment of all data and observations along with recommendations as to actions necessary to help meet mitigation and management/maintenance goals and mitigation success criteria. 10. A summary of all observed wildlife sightings and evidence of wildlife utilization. Page 20 of 22 9A COCOHATCHEE BAY ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 The following prov des the currently anticipated monitoring schedule for the wetland mitigation program, though this schedule may be altered depending on issuance of the permits and other required approvals Monitoring Event Report Report Submittal Date Baseline Monitoring Report Jan. 15, 2015 Time Zero Monitoring Report March 1, 2015 1st Annual Monitoring Report March 1, 2016 2nd Annual Monitoring Report March 1, 2017 3rd Annual Monitoring Report March 1, 2018 4th Annual Monitoring Report March 1, 2019 5th Annual Monitoring Report March 1, 2020 The time zero report will be submitted following completion of the initial exotic eradication efforts, grading activities, and any planting activities. This report will document initial conditions in the preserve area. It will also contain the information and data described above for annual reports along with exhibits depicting the graded areas. One should remember that the approach to mitigation may involve first conducting clearing, grubbing, and grading activities along with initial exotic eradication activities. Then a period of roughly one year will elapse during which time mitigation activities will focus on further intensive exotic and nuisance plant eradication and control. The majority of initial plantings will not be installed until near the beginning of the first wet season that follows. Thus, the time span beginning when the initial mitigation activities are first started (initial exotic eradication, initial grading) and ending when these initial activities are completed (time of initial plantings) could encompass 18 months or more. The time zero monitoring will not be conducted until after initial plantings have been completed. Subsequent annual monitoring reports will be submitted over a period of five consecutive years following submittal of the time zero report. These annual reports will contain the monitoring information described and will focus on changes from the conditions documented in the preceding monitoring report, and attainment of success criteria. The permittee will notify the SFWMD and USACE if alterations to the anticipated monitoring schedule become necessary. The permittee shall retain the ability to modify this monitoring program and monitoring schedule should this become necessary to make the schedule consistent with monitoring requirements of other government agencies or to improve the information provided by the monitoring program. Any substantial modification must first be approved by the SFWMD and the USACE. Page 21 of 22 COCOHATCHEE BAY 9 A ENVIRONMENTAL SUPPLEMENT OCTOBER 2014 6. MITIGATION/PRESERVE MANAGEMENT PROGRAM The Cocohatchee Bay preserve area, which encompasses the lands where the wetland mitigation program will be conducted, will be maintained to suppress infestation by exotic/invasive and nuisance plant species. Maintenance/management actions will be conducted as required to meet the mitigation success criteria previously described. Once the applicable regulatory agencies have determined that all success criteria have been achieved and annual monitoring is no longer necessary, these areas will be maintained in perpetuity such that exotic and nuisance plant infestations do not exceed the maximum allowed by the original mitigation success criteria. After initial eradication efforts are complete, follow-up exotic and nuisance plant control will include directed herbicide applications and/or physical removal methods throughout all portions of the preserve area. Exotic/nuisance plant control is likely to occur on at least a semi-annual basis for the first three years following completion of initial eradication efforts. Such maintenance events may be conducted more frequently if field observations indicate the need. At the end of this period, the frequency of activities necessary to adequately control nuisance and exotic plants will be re- assessed and a program developed for future maintenance. At a minimum there will be at least one exotic/nuisance plant control event per year of monitoring. Follow-up plantings of previously planted areas will be conducted as necessary when and where survivorship, density, and/or percent cover goals are not achieved. The need for such re-plantings will typically be assessed on an annual basis. Management/maintenance activities may include removal of dead, dying, or diseased plants (both planted and existing plants) as deemed necessary. A qualified biologist or similar environmental professional will inspect the preserve area at least once a year for the duration of the mitigation monitoring program. During the first few years inspections will likely occur more frequently in an effort to rectify any potential problem situations (e.g., exotic/nuisance plant infestations, mortality of planted species, etc.) before they worsen. The necessary maintenance activities will be determined by the biologist during these inspections. The maintenance will be conducted during the course of the year following issuance of the biologist's recommendations. Following completion of the mitigation monitoring program, the preserve area will be maintained in perpetuity such that the total vegetative cover accounted for by exotic and nuisance plants each constitute no more than 5%of total plant cover. Page 22 of 22 9A41141L Z a 9 m 3 oOtX 3O v U)i 73 c a .z o a c„.0, n N` AS ` W 8 NN g *,.o co C V V V H o V �t N . 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D 0 b V r m m n D O VI F-' J N vi Ql z =Lc)VI p f1 S W01 W 1-+ W O N i--, A I--� I--� D LC) Ill (D Lu V � o � � � v � � WN � ° tea' nz crl oo p T1 r p0 C 0 0 O O n 4, C o O VI N Co —I SD Cr N N lD F-, E co () 00 'CO O to 2 O *Cr) F-' C N FW-) Ol C w <m FJ-' V O W 1- w N O O 9 O I O 77 m i-, C C - w v, C in C i-, C > r A 1--) O CO 4 v A LD VI I-+ LC) l > to p C W W Ln 1'' A CO N N /--' w r•V Cr) LC it) N V'I V'1 N Vi (7 D W Vt O �I Z ti., p G '9 70 W I� N V lD N I—' A 1--' —I (n W v 0o J I- P ''''/ o 0o A r m O W O CO V l-D N 00 Q1 �I Z C C m C v ~ O u-I cn O v m 1-' 1-, L I-) D m N NJ LC) 00 1--) Z N C p m 9 THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY Updated JULY 2014 PREPARED BY: l TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 9i' THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY July 2014 INTRODUCTION The proposed Cocohatchee Bay project encompasses a total of approximately 626.30 acres in northern Collier County west of U.S. 41. The site is located east and west of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive. A single-family residential community is planned for the eastern parcel and a multi-family residential community is planned for the western parcel off Vanderbilt Drive. The western parcel of land consists of a large stand of mangrove swamp and open water as well as a diverse collection of vegetative communities such as bay head, coastal scrub, and pine flatwoods. The eastern parcel of the property is also undeveloped and consists of vegetative communities such as cypress swamp, coastal scrub,pine flatwoods, and disturbed lands. Surrounding and adjacent land uses include a residential development just south of the western piece, a county park with playground and boat ramp, single-family residences, and multi-family low-rise and high-rise development. This Threatened and Endangered Species Survey was conducted to consider potential effects of the proposed project on any state or federally listed species that may utilize the property for feeding/foraging and/or nesting. The results to date of this survey are described in the following report. II. METHODOLOGY Prior to any wildlife survey, careful consideration is given to the habitat type or types present and species which are known to utilize such areas. Before any survey is carried out a number of publications and references are consulted. These include, but are not limited to: The Official List of Florida's Endangered Species, Threatened Species and Species of Special Concern (latest dated June, 2006), Florida Fish and Wildlife Conservation Commission (FWCC) Wildlife Methodology Guidelines, The Standardized State-Listed Animal Survey Procedures for SFWMD ERP Projects, and the Florida Natural Areas Inventory(FNAI) for Collier County. The basic objective of any wildlife survey is to search for evidence that a listed species is using the subject site. The site may comprise a primary or secondary feeding/foraging or nesting zone or merely be adjacent to, and thus act as a buffer to, those sites for a particular listed species. As many species of concern in Florida are cryptic/camouflaged and/or nocturnal/crepuscular,patience and sufficient time must be devoted to the survey. Coordination with state and federal wildlife agencies highlighted certain species which could potentially utilize the site based on the vegetative communities present. Special attention was given to observation or location of evidence of these species. The species highlighted as potentially using this site included bald eagle, wood stork, scrub jay, eastern indigo snake, Big Cypress fox squirrel, and gopher tortoise. 2 9A THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY July 2014 Aerial photographs and a FLUCCS map were consulted and areas of specific interest were identified prior to arriving on-site. A system of meandering transects were followed throughout the subject area. The original fieldwork took place in August, October, November, 1999, March, June, and August, 2000, December 2006, January, February, and October 2007, and April and May of 2013. A total of approximately 200 hours has been spent on site, so far, devoted to these wildlife surveys. This"otalk does not included additional time spent onsite devoted towards other field work. Field time was spent in at least 2 1/2 hour blocks during early morning (sunrise), mid-morning (9-12), mid-day (12- 3), late afternoon(3-6), and evening(sunset) A slow pace along transects was maintained, stopping every few minutes to look and listen for movement or calls of any animal. Indirect evidence such as rootings, scrape marks, nests, cavities, burrows, tracks and scat were looked for and duly noted. III. RESULTS AND DISCUSSION A list of all wildlife species observed on the site is provided below. These observations also include those made during activities other than the Threatened and Endangered Species Survey as well as those made during the Survey. Abbreviations used in the discussion are as follows; F= Federal S = State E=Endangered T=Threatened SSC=Florida Species of Special Concern C=Federal Candidate *=FWS Species of Management Concern R=Rare Common Name Scientific Name Status Brown Pelican Pelecanus occidentalis Anhinga Anhinga anhinga Black Vulture* Coragyps atratus Red-shouldered Hawk Buteo lineatus Osprey* Pandion haliaetus Bald Eagle Haliaeetus leucocephalus Snowy Egret Egretta thula SSC Little Blue Heron Egretta caerulea SSC Cattle Egret Bubulcus ibis Great Blue Heron Ardea herodias SSC Green Heron Butorides striatus SSC Yellow-crowned Night Heron* Nycticorax violaceus 3 9A THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY July 2014 White Ibis Eudocimus albus SSC Willet Catoptrophorus semipalmatus Semipalmated Sandpiper Calidris pusilla Ring-billed Gull* Larus delawarensis Mourning Dove Zenaida macroura Barred Owl Strix varia Chuck-Will's Widow Caprimulgus carolinensis Pileated Woodpecker Dryocopus pileatus Red-bellied woodpecker Melanerpes carolinus Downy woodpecker Picoides pubescens Blue Jay Cyanocitta cristata Mockingbird Mimus polyglottos Brown Thrasher Toxostoma rufum Blue-Gray Gnatcatcher Polioptila caerulea White Eyed Vireo Vireo griseus Black and White Warbler Mniotilta varia Common Grackle Quiscalus quiscula Northern Cardinal Cardinalis cardinalis Southern Toad Bufo terrestris Green Treefrog Hyla cinerea Gopher Tortoise Gopherus polyphemus ST Green Anole Anolis carolinensis Black Racer Coluber constrictor Yellow Rat Snake Elaphe obsoleta Armadillo Dasypus novemcinctus Marsh Rabbit Sylvilagus palustris Gray Squirrel Sciurus carolinensis Grey Fox Urocyon cinereoargenteus Raccoon(tracks) Procyon lotor White-tailed Deer(tracks) Odocoileus virginianus Field tracks(probably feral cat) * Observed flying overhead or adjacent to the property ** Note: The waters adjacent to the site were not sampled but it is assumed that the normal estuarine species would be present in the saline waters on and adjacent to the subject property. Protected species could include smalltooth sawfish (Pristis pectinata), manatee (Trichechus manatus) and bottle-nosed dolphin (Tursiops truncatus) 4 9A THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY July 2014 During the survey period the only federally protected species observed was the Bald Eagle. An old active nest was located on the site in a deteriorating Slash Pine on the western portion of the property. The parent birds fledged one hatchling in 1998-99 and two young during the 99-00, 00-01, 01-02 and the 02-03 season. In September of 2001 the nest fell out of the tree one day after Tropical storm Gabrielle pasted through the area. The eagles rebuilt their nest in October and successfully fledged two hatchlings. In the 03-04 season only one eaglet was hatched. Once it reached fledgling stage it fell out of the nest twice and both times it was placed back into the nest and made it to fledge. In the 04-05 season the eagles produced 2 eaglets that both fledged and in the 05-06 season one eaglet was hatched and fledged. The eagles rebuilt their nest to the northwest of their previous site in 06 (Refer to attached Nest Location Map). In the 06-07 season the paired adult female was killed by getting electrocuted while flying through power lines in the vicinity of the nest tree. The remaining male adult tried to raise the two eaglets on his own but was harassed by young adult eagles. The strain on the male eagle to protect and feed the two eaglets proved to be too difficult and resulted in the death of one of his young. The remaining eaglet later fell from the nest and was taken to recover at the Birds of Prey Center in Maitland, FL. It was later released healthy back into Naples, FL. Since the 06-07 seasons periodic observations have continued during nesting season and eagles have continued to utilize the site and have had numerous eaglets fledge since. We are unaware if the male found a new female or if a new pair of eagles has moved into the nest. A specialized eagle observation survey was also conducted to note flight patterns and feeding behavior around the nest. This survey showed that flights into and out of the nest were predominately south, south-west from the nest tree. Several other dead pines around the nest served as perches for the parents during the nesting season. There were several State protected wading bird species observed on the subject site. All located gopher tortoise burrows were marked with surveyor's tape and their locations were recorded with a handheld Garmin GPS. A Gopher Tortoise Management Plan has been prepared to protect tortoises during the construction and operation phases of the project. A take gopher tortoise take permit was authorized by FFWCC as part of the original development approvals, however, a relocation permit will be pursued to authorize the developer to move tortoises out of the development footprint, either into the on-site preserve areas or off-site to a dedicated tortoise conservation bank. IV. SUMMARY Development of the subject site will be further reviewed and coordinated with all the required state and federal wildlife agencies. An additional 93.60 acres are being added to the PUD, increasing the available eagle nesting habitat and allowing for more preserve 5 9p1 THREATENED AND ENDANGERED SPECIES SURVEY COCOHATCHEE BAY July 2014 area which will increase the range available to all transient and resident species have for feeding, foraging, and nesting areas in and around the site. 6 9A PRESERVE MANAGEMENT PLAN COCOHATCHEE BAY SEPTEMBER 2014 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 91\ COLLIER COUNTY PRESERVE MANAGEMENT PLAN COCOHATCHEE BAY September 2014 1.0. INTRODUCTION The Cocohatchee Bay project encompasses a total of approximately 625.6 acres located east and west of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive, and west of Vanderbilt Drive immediately south of the intersection of Wiggins Pass Road and Vanderbilt Drive. The PUD project boundary encompasses portions of Sections 8, 16, 17, and 20 Township 48 South, Range 25 East, Collier County, Florida. The proposed project will consist of single and multi-family residential development. The proposed site development plan was carefully planned to achieve the least amount of impacts to higher quality habitats as possible. The subject property is obligated to provide a minimum of 123.2 acres of preserve to satisfy the requirements of the LDC but will be preserving substantially more acreage as part of the overall site plan. This development will result in the impacting of up to 44.4 acres of wetland habitat. Approximately 250 acres of on-site preserve is being proposed which will consist of about 234 acres of wetland habitat and 16 acres of upland habitat. This acreage may change during the Environmental Resource permitting process but the activities outlined will be undertaken on whatever acreage is finalized one the permitting is completed. The purpose of this report is to document the proposed preserve management activities for the on-site preserve areas. PRESERVE CONTACTS Preserve Manager Property Owner Tim Hall Lodge/Abbott Associates LLC Turrell, Hall&Associates 3400 E Lafayette Street 3584 Exchange Ave. Detroit,MI 48207 Naples, FL 34104 Phone: (313) 567-7000 Phone: (239) 643-0166 Fax: (313) 567-3912 Fax: (239) 643-6632 yalelevin@soave.com thall@turrell-associates.com 2.0 EXOTIC REMOVAL AND MAINTENANCE An eradication program will be implemented to eliminate exotic species from the preserve areas. This program will include hand clearing methods within the preserve areas. Because of the potential damage and destruction to groundcover vegetation and likely rutting of the ground by machinery,no mechanical clearing is proposed within the preserve areas. Hand cleared debris will be removed from the preserve areas. Stumps remaining after the exotic removal will be treated with a U.S. EPA approved herbicide and visible tracer dye. All Category I and Category II exotics, as defined by the Florida Pest Plant Council, are included in this eradication program. 1 9A COLLIER COUNTY PRESERVE MANAGEMENT PLAN COCOHATCHEE BAY September 2014 Initially, biannual maintenance inspections and treatments will be necessary to eliminate the exotics on the property. Once the removal efforts have been successful, annual maintenance treatments should be sufficient to control future exotic growth. The preserve area will be exotic free immediately following a maintenance activity and every effort will be made to keep the preserve exotic free between scheduled maintenance activities. A visual inspection for exotic, non-native, and nuisance plant invasion will be conducted bi-annually the first year and annually thereafter, as described in the previous section. All category 1 & 2 exotic, non-native, and nuisance vegetation, including those defined by County codes and the Florida Exotic Pest Plant Council, found within the preserve area will be flagged,mapped, and reported for treatment. These maintenance activities will be performed in perpetuity as needed. 3.0 MONITORING Annual monitoring reports, in accordance with required annual inspections of the preserve by the preserve manager, shall be provided to Collier County. The goal of the outlined monitoring plan is to enable evaluation and characterizations of the on-site preserve area over at minimum of a five year time period following the time zero report, and document progress through a series of annual monitoring reports. The reports will quantify and describe conditions within the managed area, comparing observations with proposed standards and offering advice for corrective actions if needed. These reports shall address exotic, non-native, and nuisance vegetation treatment, and general maintenance needs for the preserve. The preserve area should contain a minimum of 50% survival of the native desirable species immediately following the initial exotic eradication efforts. This minimum 50% survival rate will be maintained for each of the three annual reports and at the end of the 3 year monitoring period the entire eradication area should contain a minimum of 80%coverage of native species. Maintenance will be done regularly to ensure the integrity and viability of the preserve areas. Total coverage of exotic and nuisance plant species (below seed bearing size) should consist of no more than 5%of the preserve areas between maintenance activities. MONITORING TECHNIQUES Meandering transects with plot sampling stations will be followed in the preserve to observe vegetation inventory and exotic, non-native, and nuisance species. The preserve areas will be inspected and reports generated annually for a minimum of five years, until success criteria have been met. Photo points will be established during the baseline report and used to describe the existing conditions. All reports will include a species inventory and percent coverage, photographs of the referenced sample and photo locations, and qualitative observations of wildlife use and other information such as hydrological conditions and health of the existing vegetation. 2 9A COLLIER COUNTY PRESERVE MANAGEMENT PLAN COCOHATCHEE BAY September 2014 Annual reports will include: • quantification of any regeneration of exotic, non-native, and nuisance species and recommendations for remedial actions, where applicable. • percent coverage, open space and water depths, as appropriate. • direct and indirect wildlife observations. • site hydrological characteristics. • photographs from referenced locations. • Preserve manager responsible for report. MONITORING AND MAINTENANCE SCHEDULE Report# Report Name/Maintenance Activity Date 1 Baseline January 15, 2015 Initial Treatment February 1, 2015 2 Time Zero March 1, 2015 Maintenance Activity August 1, 2015 Maintenance Activity February 1, 2016 3 First Annual March 1, 2016 Maintenance Activity February 1, 2017 4 Second Annual March 1, 2017 Maintenance Activity February 1, 2018 5 Third Annual March 1, 2018 Maintenance Activity February 1, 2019 6 Fourth Annual March 1, 2019 Maintenance Activity February 1, 2020 7 Fifth Annual March 1, 2020 Final Site Inspection March 20, 2020 3 9A COLLIER COUNTY PRESERVE MANAGEMENT PLAN COCOHATCHEE BAY September 2014 4.0 SPECIES MANAGEMENT PLANS Several listed species can potentially utilize the preserve areas for nesting or foraging activities. Species-specific issues have been incorporated into the management and operation plans for the project. These species-specific plans include goals and objectives (such as mid-story maintenance,deeper flow-way sections, and prescribed burns)that will improve and maintain habitat value for the target species. 5.0 PRESERVE SIGNAGE The preserve will be clearly delineated with signs during any construction activities. Protective barricades will be used to cordon off construction areas and keep construction equipment out of preserve areas. After construction, all employees and residents will be informed of the presence of the preserve areas through the use of signage. These signs will be along the perimeter of the preserve areas and will be placed a maximum of 300 feet apart. 6.0 TRASH AND DEBRIS REMOVAL The preserve areas shall be maintained in its natural state and must be kept free of refuse and debris. 7.0 HOMEOWNER EDUCATION All homeowners will be given informational pamphlets describing actions and precautions that they can take to avoid adverse species-human interactions. Educational information related to the tortoises will be included in the documents provided to residents and owners. This will educate residents regarding the biology and requirements of tortoises as they are moving along and among the habitat. Resident education is a critical component in order to raise awareness regarding the tortoise and its habitat needs. Preserve related information will also be included in the home-owners documents for the development so that residents are well informed of the management techniques that will be used on the property and pet controls will be required throughout the property. 8.0 Long-Term Protection All of the preserve areas shall be placed into conservation easements with the South Florida Water Management District and/or Collier County, and enforcement rights shall be granted to both agencies. 4 9A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY AMENDED SEPTEMBER 2014 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 GOPHER TORTOISE SURVEY AND 9 A HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 1.0 INTRODUCTION This report provides project management guidelines for the maintenance of habitat, foraging and burrowing opportunities for gopher tortoises (Gopherus polyphemus) observed on the proposed Cocohatchee Bay project. The document addresses the tortoise's background information on their ecological and biological characteristics and habitat requirements. A description of how planning and site development has been guided in consideration of the tortoises is given as well as the management plan. The plan briefly describes habitat that will be available, maintenance of the areas to a condition suitable to support the tortoises, and other relevant information. 2.0 PROJECT LOCATION AND DESCRIPTION The proposed Cocohatchee Bay project will consist of a single and multi-family residential development in the North Naples area, west of U.S 41, Collier County. The property encompasses a total of approximately 625.6 acres located east and west of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive, and east of Vanderbilt Drive immediately south of the intersection of Wiggins Pass Road and Vanderbilt Drive. Surrounding and adjacent land uses include high-rise and low-rise residential developments, a county park with playground and boat ramp, and various single-family developments. Adjacent land to the west is undeveloped open estuarine waters and mangrove forest. Land to the north consists of the Arbor Trace, Glen Eden, and Falling Waters residential developments. Land to the east consists of the Tarpon Cove residential development and US 41. To the south is the Aqua high-rise residential development and the tidal preserve area for The Dunes residential development. 3.0 EXISTING CONDITIONS The subject site consists of 153.7 acres of uplands, 339.3 acres of wetlands, 130.2 acres of open waters, and 2.4 acres other surface waters. Gopher tortoises utilize most of the uplands which are representative of a coastal dune system. Suitable habitat is present on both sides of Vanderbilt Drive, and within a small area just adjacent to US 41. The scrub habitat is dominated by pine and typical scrub vegetation such as scrub oaks, staggerbush, rosemary, pennyroyal, gopher apple, hog plum, and saw palmetto. The area is very disturbed due to past widespread use by off road vehicles and by more recent clearing activities associated with prior golf course permitting. 2 9A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 4.0 GOPHER TORTOISES Recent surveys were conducted on the property in April and May of 2013 and June of 2014. This was an update of previous gopher tortoise surveys that have been carried out on the subject property in 2007, 2006, 2004 and 2001. All surveys were conducted according to guidelines of the Florida Fish and Wildlife Conservation Commission (FWC). SURVEY TIMES TEMP WIND WEATHER DATE SURVEYED (°F) (MPH) 04/30/2013 07:00— 17:00 84 5-10 E Sunny 05/01/2013 07:30 - 16:00 80 10 E Partly Cloudy 05/10/2013 07:00 - 16:00 89 5 S Sunny 05/22/2013 08:00— 10:00 87 5 SE Sunny 6/14/2014 07:30 - 14:00 86 5-10 S Partly Cloudy 6/16/2014 08:00— 11:00 84 10 NE Clear 4.1 OCCURRENCE ON-SITE Gopher tortoises utilize currently, or in the past utilized,three distinct areas of this site. The scrub / pine flatwoods west and contiguous to Vanderbilt Drive, a swathe of pine flatwoods east of the road and a small area in the extreme north- east corner adjacent to U.S 41. The biologists walked meandering transects throughout the suitable habitat of the property. All tracks or burrows associated with tortoise utilization were documented. All observed burrows were located with a handheld GPS, and marked with blue surveyors tape. Burrows were surveyed and classified as Active, Inactive, Abandoned, or Collapsed according to Wildlife Methodology Guidelines of the FWC. Active — readily apparent recent utilization of the burrow by tortoises. This is apparent from tracks or drag marks, recent excavation, and open, maintained burrow entrances. Inactive — burrow is in relatively good condition but no evidence of recent utilization is apparent. Leaf litter, cobwebs, and debris around burrow can be evidence of inactive status. Abandoned — no evidence of recent utilization and deteriorated status of burrow entrance. 3 9A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 Collapsed — entire burrow or burrow entrance collapsed and no evidence of utilization or repair attempts lead to this conclusion. All documented burrows located are shown on the attached map. A summary of the results gives; Active burrows —237 Total active+inactive- 296 Inactive burrows — 59 Abandoned burrows —29 Collapsed burrows —8 Total burrows - 333 To estimate the population of tortoises actually on the site a correction factor is applied to the number of active plus inactive burrows. The correction factor has been established by FWC to be 0.5 times the number of active and inactive burrows. This provides a population estimate of about 148 tortoises on the site. We believe that this factor is too high for this site based on the several years' worth of observations and that a population of 70 to 80 tortoises is more realistic. It is noted that the number of tortoises that have to be relocated exceed the carrying capacity of the proposed preserves, so off-site relocation will be undertaken for a portion of the population. When the past clearing occurred for the golf course (in 2002), all tortoises that would have been impacted were relocated into fenced preserve areas. Fencing around the preserves was not consistently maintained and as a result little remains intact. The attached exhibits show the dedicated gopher tortoise preserve areas. These preserves total approximately 16 acres of suitable gopher tortoise habitat which consists of mainly pine flatwoods and scrub vegetative community classifications. It is anticipated that another 8 to 12 acres of suitable habitat will be available for the tortoises once construction activities have completed. This will be more firmly established as part of the environmental resource permitting. 4 9A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 4.2 BIOLOGY Listed as a Threatened species by State wildlife agencies, the gopher tortoise is a large terrestrial tortoise reaching up to 15 inches long. The carapace is domed and generally dark brown-gray.while forelimbs are shovel-like for digging. The plastron in males is slightly concave and flat in females, it is very difficult to sex juveniles. Adults may live up to forty years and do not mature until the age of 16- 21. Mating occurs in the early summer (April-June) and nest cavities are often dug at the mouth of the tortoise's burrow. The species exhibits a very low fecundity with an average clutch size of only six eggs, laid once per year and with high numbers lost to predation. Incubation periods range from 80-110 days. The tortoise has very specific habitat requirements,which include; • Well drained loose soil • Access to suitable low growing vegetation • Open sunlit areas for nesting Thus habitat types which may support populations of the tortoise include Pine — Xerophytic Oak woodlands, sand pine and coastal scrub, oak hammock, dry prairies and pine flatwoods. Forage plants include prickly pear, pawpaw, gopher apple, saw palmetto berries. The home range is dependant on the amount of herbaceous vegetation cover while feeding generally takes place within a 150' radius of the home burrow. Burrow construction has made the tortoise a keystone species in Florida's xeric communities by providing homes for a known 358 other species. The burrows may be up to 10' in depth and 25-35' long (averaging 6' deep and 15' long) and provide refuge from predators, protection from temperature extremes and desiccation. Burrows are periodically abandoned for new homes and a tortoise may use more than one burrow at a time. Co-inhabitants include the Gopher cricket, Gopher frog, Florida Mouse, Rattlesnakes, Pine snakes, Rat snakes and the Threatened Eastern Indigo snake. Mammals such as raccoons, foxes, bobcats and armadillos may also use abandoned burrows. While the main threat to population stability is through habitat loss, large numbers were killed by the practice of gassing burrows for rattlesnakes. Maintenance of populations is dependant on regular burning in their natural habitat and the intermingling of disjunct populations is restricted by carrying of an infectious respiratory disease. 5 9A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 4.3 SITE DEVELOPMENT CONSIDERATIONS AND SPECIES MANAGEMENT PROTOCOL It is proposed that all gopher tortoises on the eastern portion of the site will be retained on-site in the designated wserve areas (shown on the attached gopher tortoise preserve map). Tortoises cated on the western parcel, which will be subject to the first phases of delliopment will be captured and relocated to approved off-site conservation banks. If the actual population on the eastern parcel is more than the estimate, then off-site relocation may also be implemented so that the carrying capacity of the on-site preserves is not exceeded. Prior to commencement of work on the site that would impact tortoises, capture and relocation efforts will be completed within the proposed work areas. Where necessary, fencing and containment surrounding the work and/or preserve areas will be installed. All tortoises that would be impacted by construction will be relocated to the appropriate off-site conservation bank or on-site preserve areas. All preserves will be fenced using standard gopher tortoise fencing to prevent the animals escaping. The appropriate relocation permit from the FWC will be obtained prior to relocating any tortoises and both FWC and County staff will be contacted and informed prior to any relocation efforts. Relocation methods will involve a combination of mechanical and hand digging. All burrows will be surveyed again prior to relocation and all active and inactive burrows will be excavated. Where mechanical methods are employed (digging with a small backhoe), digging by hand will take over during the last few feet. Prior to clearing or construction the following activities will take place; 1. Temporary wire fencing will be placed around the preserve area to prevent tortoises from entering during clearing and construction. Fencing will be dug at least one foot into the ground and extend at least two feet above the ground to prevent tortoises from digging under or climbing over. This fence will be inspected and necessary repairs made on a daily basis during construction to safeguard against tortoises entering the construction area. 2. The construction area will be re-inspected prior to clearing to insure that burrow status has not changed and that no new burrows have been constructed. 3. All active and potentially active burrows will be treated as if a tortoise or commensal is present. Using a small backhoe the burrow will be dug away to within approximately three feet of the tortoise. The remainder of the burrow will be scraped away with a hand shovel and the tortoise gently removed and transported by hand or buckets into the appropriate preserve area. 4. All equipment operators on the site will be fully briefed on the proper handling techniques to safeguard the tortoises. Any tortoises observed by the equipment operators will be caught and held in an appropriate holding area until the 6 9A .a GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 authorized biologist can be contacted. The biologist will transport the tortoise to the appropriate preserve. If the tortoise is one that had been previously relocated, the preserve fencing will be diligently inspected to determine how the tortoise escaped from the preserve. 5. Once construction has been completed, the fencing will be removed and damage caused by the fence removal will be repaired and replanted as necessary. The preserve areas will allow densities of approximately 3 tortoises per acre. The tortoises will have approximately 24 to 28 acres to disperse into which, assuming the estimated calculation of 40 tortoises, would produce densities of around 1.4 to 1.8 tortoises per acre. Supplemental plantings of prickly pear, gopher apple, and other appropriate forage vegetation may also be installed, if deemed necessary, to ensure adequate food sources. 4.4 LONG-TERM MAINTENANCE OF PRESERVES All of the proposed preserve areas will be maintained exotic free in perpetuity. Preserves will be inspected on an annual basis and any exotic vegetation noted will be removed through hand removal techniques or eliminated with the appropriate use of EPA compliant herbicides. In addition, the preserve vegetation will be assessed for appropriateness in terms of viable tortoise habitat. If midstory or canopy vegetation growth begins to interfere with groundcover and forage vegetation of the tortoises, appropriate measures will be coordinated with FWC officials and County staff to correct the problem and improve forage values. Appropriate measures may entail vegetation trimming or removal, supplemental plantings, or ground cover management such as mowing and controlled burns. Methods and required permits, if needed, will be discussed and coordinated with County staff prior to initiating maintenance activities within the preserves. 4.5 EDUCATION Educational material specific to the gopher tortoise will provided in three different arenas. 1. As mentioned above, all equipment operators on the site will be fully briefed on the proper care and handling techniques to safeguard the tortoises. This will increase contractor awareness regarding the presence of tortoises as well as allow the contractors to move the tortoises out of harms way as safely as possible. 2. Once the residential component of the project is under way, educational information related to the tortoises will be included in the documents provided to residents and owners. This will educate residents regarding the biology and requirements of tortoises as they are moving along and among the habitat. 7 9 A GOPHER TORTOISE SURVEY AND HABITAT MANAGEMENT PLAN COCOHATCHEE BAY September 2014 Resident education is a critical component in order to raise awareness regarding the tortoise and its habitat needs. 3. Pamphlets and signage will be placed in appropriate locations throughout the development. This will also increase awareness of the tortoises and help to insure that the habitat and conditions on the project site remain appropriate for the tortoises. 5.0 CONCLUSION As a result of this project, gopher tortoises will need to be relocated within the property boundaries. Approximately 16 to 28 acres of pine flatwood and scrub habitat suitable for tortoises will be protected in perpetuity. This upland acreage is in addition to the wetland preserve acreage (approximately 230 acres) that has been allocated to satisfy the native habitat requirement through placing it under conservation easements granted to the County. This habitat is becoming increasingly rare in Collier County due to developmental pressures and this protection is an important step in insuring that some of this habitat is preserved for enjoyment by future generations. The management and maintenance plan will keep the preserves viable and will provide a permanent home for the resident tortoise population. With proper care and management, no adverse impacts to the local tortoise population are expected. 8 9p' COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission("FFWCC").1 A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (four to 20 stories and one to 17 stories)' a social and fitness center,tennis courts,up to 652 residential units,parking areas,and storm water management facilities on a 625.6 acre project site. To compensate for unavoidable effects to bald eagles at nest CO-19A, the applicant has purchased a 93.5+ acres which will be added to the PUD boundary and preserved in perpetuity. The property is directly adjacent to preserved public lands (Barefoot Beach) in Collier County, Florida. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17, and 20, Township 48 South,Range 25 East,Collier County,Florida. B. TERMS AND CONDITIONS/ 1. In the event of project implementations,the entry road, stormwater pond, parking area and club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the club house would also occur in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium building number 1 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 20-story building, which is anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting period. This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S.Fish& Wildlife Service's Biological Opinion dated February 27,2004. 2 In accordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 are 20- stories and building#5 is 17-stories. 3 Biological Opinion dated February 27,2004,Page 14. 9A 3. In the second non-nesting season, construction of the remaining recreational facilities west of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium building number 5. 4. Land clearing and the initiation of construction of condominium building number 2 likely would begin in the next non-nesting season,depending on economic conditions. The pad for condominium building number 3 would again serve as the staging area for condominium building number 2. The permittee agrees the construction sequence for the remaining condominiums would be buildings 3, 4, and 5 with the start of construction of these condominiums initiated only in the non-nesting season(s)(Figure 1). The construction start dates of these condominiums likely would be in consecutive non-nesting seasons,but could be delayed based on the economy. 5. The boardwalk connecting condominium building numbers 4 and 5 inside 660' of CO-19A would only be constructed in the uplands in the non- nesting season after these two buildings are completed and at the location as shown. 6. In the event the bald eagle pair returns to CO-19 or builds other nests on property owned by Lodge Abbott Associates,LLC,the permittee agrees to similarly modify the construction sequence on the remaining buildings to minimize the adverse effects of the project on nesting bald eagles. 7. The permittee has preserved an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. The purchased property is located in Collier County directly adjacent to the Barefoot Beach preserve lands. C. ADDITIONAL TERMS AND CONDITIONS4 The applicant requested that the USFWS modify the February 17,2004 biological opinion for the Cocohatchee development based on modifications to the project previously proposed by the applicant. The amendment included the following changes to the Terms and Conditions Section of the biological opinion: 5 Amended Biological Opinion dated June 30,2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5,as amended and I or re-stated in the February 6,2006 and February 27, 2007 Biological Opinion amendments. 91k 1. The construction of condominium building numbers 2 and 3 can be initiated only during the non-nesting season(May 16 through September 30) (no earlier than 2015). However, once initiated, construction activities can carry over through the nesting season until the construction of each building is completed. 2. The applicant has purchased an additional 93.60 acres within the eagles nesting territory and will preserve those lands in perpetuity to offset the potential impacts to the current nesting area as a result of the project proposal. The property purchased is immediately adjacent to other conservation lands(Barefoot Beach)being managed. D. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS Any revision by the U.S. Army Corp of Engineers (USACE), the U.S. Fish & Wildlife Service (USFWS), and the Florida Fish & Wildlife Conservation Commission(FFWCC)that may cause revision of the above described terms and conditions will not require further amendment of the Cocohatchee Bay PUD or this Bald Eagle Management Plan. Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary,any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. E. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. F. REASONABLE AND PRUDENT MEASURES 1. For the duration of the project,the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project,the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest,and the surrounding habitat. s From Biological Opinion dated February 27,2004,pages 13-14 9A 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service Draft Monitoring Guidelines,to detect the presence of bald eagles on the project site and,if present,any abnormal bald eagle behavior,since site work and building construction within the primary zone is proposed to occur during the nesting season. 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Y \ n 1 11 1 ll t 11 1 11 1n1 t i1:It 1 It,Il l Tt,I:1 U 1 L'1 I,1 I,I t 1 ,1 11 3 !f U W rK a 3 { \�` 3 3 f f \�' �i� 1 111N1 l U.1.1 i. !hl I t l l t 1.1 1 kt I t l l t l I t t' 1 Itp I S t 1 3 f 3 \�\ 3 3 3 p111�1�!1,1tt1111111t1V1111,1!1'11:11141Mtl lit 4{140 Iq1\lMltltiltltI�lri111id1 11N1111t11111Ri1'It i/ G 11,11 1.11111.1115(11111 U` 71111''11 ,"%I!,, l t 411 1l 1 114 Illill1I11III li 1 IIilUU 1111i1lllII'.11lllil / . 1 1 9 4 -4....4 ; s.--r t.111:1111111:1111,,,e111i111111,•1 111111!111::1111::1111111:1111 1111111111111:1111•.11111444Illllllllt>I llllttl!11111. 3 9A ,a, v„. ... . . Pi��gN'!OF>y� Mint aU.S.-E ME At ry y United States Department of the IWA_ An FISH AND WH,DLIFE SERVO pg. f !'. ,1 ny'ji•6., .;�.. -.. :'' -1:as \��`,�cH3, s.th Florida Ecological Services OffiJt '' . "''•.ti' "' ..r.,"`n^ 1339 20'1'Streci Vero Beach,Florida 32960 ..tilt i; February 27, 2004 - Colonel Robert M. Carpenter ,F.;:.,•::::.: ' District Engineer ;. U.S. Army Corps of Engineers . 701 San Marco Boulevard, Room 372 • Jacksonville, Florida 32207-8175 ::,,c.:;:,0;"i•.;i _i.L _:+:::- 1i'' (:::. ` rtir_.r Service Log No.: 4-1-03-1-4150 Application No.: 200300526 (IP-TWM) Dated: September 16, 2003 Applicant: Cocohatchee Partners, LTD County: Collier Dear Colonel Carpenter: This document transmits the Fish and Wildlife Service's (Service) biological opinion for a residential development and marina located in Collier County, Florida,and its effects on the bald eagle(Haliaeetus leucocephalus) (nest CO-19) and the West Indian manatee (Trichechus manatu.$) in accordance with section 7 of the Endangered Species Act of 1973, as amended (ESA)(87 Stat. 884; 16 U.S.C. 1531 etseq.). This biological opinion is based on information provided in the September 26, 2003, U.S. Army Corps of Engineers (Corps) Public Notice,the September 16, 2003, consultation request,the bald eagle management plan contained in the Environmental Narrative prepared by Biological Research Associates, Incorporated(BRA),dated August 15, 2002, telephone conversations, meetings, and other sources of information. On January 12,2004,the Service provided the Corps with a Biological Opinion for the project effects on the West Indian Manatee (Service Log Number 4-1-03-F-4150). A complete administrative record of this consultation is on file in the South Florida Ecological Services Office. I. CONSULTATION HISTORY On June 26, 2002, Service staff met with representatives of Vanderbilt Partners 11 and BRA to discuss measures to minimize adverse impacts to bald eagle nest CO-19 during construction of five condominiums, four of which are within the primary zone. The applicant proposed the construction of an artificial nest tree and/or the preservation of an off-site territory as compensation for unavoidable project effects. The Florida Fish and Wildlife Conservation Commission (FWC) participated by conference call. By letter dated July 24, 2002, BRA summarized the measures to minimize and to compensate for impacts to CO-19 that were discussed at this meeting. ,,a . ;.. ,,_.t 9A On June 19,2003, Service staff met with Don Corace of Signature Communities to discuss project status. On July 23, 2003, the Service received email correspondence from BRA summarizing the use of artificial structures for nesting by bald eagles in Florida. According to the email and FWC records, in the 2002 -2003 nesting season there were 20 active nests on artificial structures in 10 counties, including cell towers and power poles. On September 16, 2003,the Corps provided the Service with a letter containing species effect determinations for the project and enclosures of a Manatee Protection Plan and Environmental Narrative prepared by BRA. In their letter,the Corps provided a"may affect"determination for the West Indian manatee, a"may affect" determination for the bald eagle, and a"may affect,not likely to adversely affect" determination for the eastern indigo snake (Drynarchon corals couperi). The Corps requested concurrence with their determination for the eastern indigo snake and initiation of formal consultation for the West Indian manatee and bald eagle. On September 26,2003,the Corps issued the Public Notice for the project with their species effect determinations. On November 11,2003,the Service met with the law firm of Lewis, Longman,and Walker,PA, representing the applicant, to discuss project construction details and bald eagle conservation measures. On December 15, 2003,the Service sent a letter to the Corps providing concurrence with their "may affect, not likely to adversely affect" determination for the eastern indigo snake and concurrence with a"may affect, likely to adversely affect" for the bald eagle and West Indian manatee. The Service initiated formal consultation and stated that a biological opinion would be provided to the Corps on or before January 31, 2004. On January 12,2004, the Service provided the Corps with a Biological Opinion for the project effects on the West Indian manatee. IL BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION The applicant proposes to construct five high-rise condominiums (each 15 to 20 stories), a social and fitness center, a golf driving range, tennis courts, guest cottages, parking areas,and storm water management facilities on a 111.3-acre project site. The applicant also proposes to construct a 35-slip marina. Construction activities associated with the project will impact 1.52 acres of fresh water wetlands. To compensate for impacts to wetlands, the applicant has proposed to purchase mitigation credits from an approved mitigation bank. To compensate for unavoidable effects to bald eagles at nest CO-19, the applicant proposes to purchase and preserve suitable habitat for nesting bald eagles in, or in the vicinity of, Collier County, in southwest 9A Florida. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. A bald eagle nest, FWC number CO-19, occurs within the project footprint. Project plans call for the construction of four of the five proposed high-rise condominiums to be constructed within the primary zone (within 750 feet) of this nest. Construction will eventually occur within 30 feet of the nest tree. The applicant has proposed the following measures to minimize the adverse effects of the project to nesting bald eagles: 1. In the event of project implementation, the entry road, stormwater pond, parking area and golf club house areas will be cleared and constructed in the first non-nesting seaso'l 'May 16 through September 30). Exterior construction of the golf club house would also oicctr in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium number 5 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 15-story building, which is anticipated to take about 2 years to complete,would not be limited to the non-nesting season. The staging area for building number 5 would be at the future location of building number I. Site clearing for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 5. 4. Land clearing and the initiation of construction of the 20-story condominium (number 4) likely would begin in the next non-nesting season,depending on economic conditions. The pad for condominium number 1 would again serve as the staging area for condominium number 4. The applicant agrees that the start of construction of condominium numbers 5,4, and 1 would be initiated only in the non-nesting season(s). The construction start dates of these condominiums Iikely would be in consecutive non-nesting seasons, but could be delayed based on the economy. 5. The applicant has proposed to preserve an offsite bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The applicant will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. Site selection criteria are as follows: The applicant shall secure by fee simple title or conservation easement a parcel of suitable habitat that is of sufficient size and cover type (i.e. presence of multiple nest trees, buffers, proximity to foraging areas, etc.) to attract and/or sustain nesting by bald eagles within Collier County or 9A within the neighboring southwest Florida region,dependent upon availability for long-term preservation. Long-term preservation of the parcel must be assured by means that include donation to a governmental or other appropriate third party that will agree to accept responsibility for perpetual management of the property for bald eagles, other species of conservation concern, and natural values. Factors that will be considered in the selection of an appropriate parcel of habitat for preservation are as follows: • Preference will be given to selection of a parcel that presently supports active nesting by bald eagles, but a parcel that supports suitable habitat for attracting and supporting nesting bald eagles may also he considered acceptable. • Preference will be given, but not limited to, selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. • Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size,cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. STATUS OF THE SPECIES This section summarizes bald eagle biology and ecology as well as information regarding the status and trends of the bald eagle throughout its entire range. The Service uses this information to assess whether a Federal action is likely to jeopardize the continued existence of the species. The"Environmental Baseline" section summarizes information on status and trends of the bald eagle specifically within the action area. This summary provides the foundation for the Service's assessment of the effects of the proposed action,as presented in the"Effects of the Action" section. A thorough treatment of the biology and ecology of the bald eagle, both in south Florida and throughout its range,can be found in the South Florida Multi-Species Recovery Plan (Service 1999). The bald eagle was listed as endangered on March 11, 1967,due to significant population declines (32 FR 4001). On July 12, 1995,the bald eagle's status was downgraded from endangered to threatened due to substantial population increases following conservation efforts, including the banning of DDT and other organochlorine pesticides(60 FR 36010). No critical habitat has been designated for this species. A proposed rule to delist the bald eagle was published in the Federal Register on July 6, 1999. Distribution The bald eagle was historically found throughout the North American continent from the Aleutian Islands and western Alaska to the Maritime Provinces of Canada and south to the Florida Keys, the Gulf Coast, and Baja California(Curnutt 1996). Apart from Alaska, most nesting bald eagles were found in Florida, the Chesapeake Bay area, the Great Lakes region, 4 9A Maine, and the Pacific Northwest. In Florida,eagles were historically found throughout the state, although they were probably most abundant along large rivers and lakes. Eagles were probably never numerous in the panhandle or extreme southeastern Florida. Today, bald eagle nesting is prevalent along the southwest coast, the Gulf Coast from Pinellas County north to the Suwannee River, the St. Johns/Oklawaha River basins, and the Kissimt4lee River valley including Polk and Osceola Counties (Curnutt 1996). 4 Habitat Bald eagles are considered a water-dependent species typically found near estuaries, large lakes, reservoirs, major rivers, and some seacoast habitats (Service 1999). Their distribution is influenced by the availability of suitable nest and perch sites near large, open water-bodies, typically with high amounts of water-to-land edge. Nesting habitat includes the nest tree,perch and roost sites, and adjacent high use areas but usually does not include foraging areas. The nest, perch, roost sites, and use areas around the nest comprise the nesting territory. The size and shape of a defended nesting territory varies greatly depending on the terrain, vegetation, food availability, and eagle density in the area. Generally, bald eagle nesting habitat is adjacent to, or near large bodies of water that are used for foraging(Service 1999). Nest sites must also provide good visibility, and a clear flight path to the nest (Montana Bald Eagle Working Group 1991). In Florida, nests are often in the ecotone between forest and marsh or water, and are constructed in dominant or co-dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum) (McEwan and Hirth 1979). About 10 percent of eagle nests are located in dead pine trees while 2 to 3 percent occur in other species such as Australian pine (Casuarina equisetifolia) and live oak (Ouercus virginiana). The stature of nest trees decreases from north to south(Wood et al. 1989)and in extreme southwest Florida,eagles can nest in black(Avicennia germinans) and red mangroves (Rhizophora mangle), half of which are snags (Curnutt and Robertson 1994), Nest trees in South Florida are smaller and shorter than reported elsewhere; however, eagles nesting here select the largest trees available (Wood et al. 1989, Hardesty 1991). The small size of nest trees in South Florida relative to other nest sites throughout its range is due to the naturally smaller stature of Pinus elliottii,P. taeda,P.palustris and P. clausa in south Florida, Reproduction Most breeding eagles construct nests within several hundred yards of open water(Service 1999). In Florida, most nests are located within 2 miles of open water, substantially further than other reported distances (McEwan and I-Iirth 1979, Wood et al. 1989). In the southeastern United States bald eagles nest once a year, with the mated pair returning to the same breeding/nest area beginning in early September or October, refurbishing their nest during November and December, and egg laying in December or January. Depending on the geographic area, incubation may be initiated as early as November or as late as March, with the eggs requiring about 35 days for incubation. Clutches usually consist of one or two eggs, but occasionally three are laid. In Florida, the eaglets will grow to the size of the adult birds within 10 to 12 weeks, at which time they typically fledge (Wood 1987). Parental care may extend 4 to 5 9A 6 weeks after fledging even though young eagles are fully developed and may not remain at the nest after fledging. The immature bald eagle lacks the white head,neck and tail, and has a dark beak and dark eyes. The overall color of young eagles is dark to light brown with light-colored base feathers that give a blotchy appearance. The white head and tail plumage may not appear complete until the eagle is 4 to 5 years of age. Foraging The bald eagle is an opportunistic feeder. Accordingly, its diet varies tremendously, depending on the time of year and habitat. Most studies indicate that fish are an important component of the eagle's diet,while birds and mammals account for the bulk of the remaining foods (Johnsgard 1990). During the winter, reduced availability of prey resulting from frozen waters require interior-based eagle populations to switch from a predominately fish diet to one of birds and mammals. Carrion is taken by many eagles and is also a substantial portion of the diet, especially for coastal eagles dependent on post-spawning salmonids. Non-coastal populations may also rely heavily on carrion particularly during late winter and early spring. In the southeastern United States the bulk of the diet is fish. Broley(1947) found catfish (Ictalurus spp.), mullet (Mugil cephalus),and turtles to be the most common food items found at nests in Florida. lie also found that the variety of prey items differ among individual pairs. McBwan(1977) reported 79 percent fish and 17 percent bird prey, by occurrence,based on 788 animal remains recovered from nests. Of these, the dominant items were catfish and the American coot(Fulica aniericana). Movements Adult birds in coastal Alaska, Canada,the Pacific Northwest,Florida, and the Chesapeake Bay areas do not migrate, although dispersal of young may occur seasonally from some of these areas. Juvenile birds fledged in Florida are highly migratory,with more than one-third of the recoveries made 1,000 miles or more north of Florida, all during the non-nesting season (Broley 1947). If paired, it is assumed these birds remain in Florida, as do most other paired adults. If not paired, it is not clear whether these birds continue to migrate north during summer or remain in Florida with the breeding adults. Most radio-collared juveniles return to nesting areas each year, but a small proportion remain away for 2 to 3 years. In Florida,bald eagles breed and nest during the temperate winter. Contrary to changes in habitat use exhibited by northern United States bald eagle populations,eagles in the southern United States do not substantially alter habitat use throughout the year. Some adults may remain in and defend their nesting territory outside of the breeding season (Palmer 1988),use or defend portions of their territory, or disperse and congregate at predictable food sources such as landfills. Of those adults that do not maintain territories throughout the year, most are not thought to leave the state. Conversely, following fledging, many juvenile eagles disperse north and summer from 6 9A along the Atlantic Coast west to the Appalachian Mountains, and north as far as Canada(Broley 1947, Wood and Collopy 1995). Status and Trends Bald eagle nesting in Florida has been widely studied, and published accountre available from a variety of sources. Broley (1947)was the first to document a decline in ea le nesting in the late 1940s. A further decline from 73 to 43 active nesting areas was reported for st central Florida between 1936 and 1956. Howell (1973) reported a decline in nesting around Merritt Island from 24 nests in 1935 to 4 nests in 1971. An excellent summary was provided by Peterson and Robertson (1978), in which they characterized the bald eagle population of the 1970s as less than 50 percent of historic numbers with continued, yet slow decreases. In the early 1950s, State natural resource agencies, and conservation organizations initiated surveys for nesting bald eagles which revealed that bald eagle numbers declined from historic numbers in many locations. A nationwide survey by the Service,several State wildlife agencies, and conservation groups in 1974 indicated that eagle numbers and their reproductive success in certain areas were low enough to warrant protective actions. In Florida, bald eagle nesting and productivity has increased dramatically since the early 1970s. Florida currently supports the highest number of breeding bald eagles of any southeastern state, supporting approximately 70 percent of the occupied territories in this region (Nesbitt 1995). Although numbers and productivity of bald eagles are increasing in Florida, concerns remain about the cumulative impacts associated with continued agricultural, residential, and commercial development(Wood 1987,Nesbitt 1995). As shown in the table below, there has been a steady increase in the number of bald eagle nests in Florida since 1982. YEAR NO. OF NESTS YEAR NO. OF NESTS 1982 340 1994 764 1984 375 1995 831 1987 391 1996 876 1988 399 1997 912 1989 439 1998 980 1990 535 1999 1043 1991 601 2000 1069 1992 652 2001 1102 1993 667 2002 1133 7 9A • Threats A primary threat to bald eagles after World War H was the widespread use of the pesticide DDT for mosquito control (Broley 1950). It was sprayed directly into wetlands, entered the food chain,and resulted in eggshell thinning. This caused massive reproductive failure which became evident in the 1960s. Peterson and Robertson(1978) indicated that the eagle population decreased by 50 percent in a 30-year period. In response, the Federal Gdvernment banned the use of DDT in 1972. A major threat to eagles remains habitat loss and degradation from human alteration of the environment(I-Ieinzman 1961, 1962, and Smith 1969). This is especially true along coasts and waterways where development has increased. Nesbitt et al. (1993) compared productivity of Florida bald eagle nests near human disturbances with nests in more natural, undisturbed settings and did not find significant differences in productivity. An additional hazard to eagles occurs predominantly in the western United States, and involves death from lead and chemical poisoning. Lead poisoning originates from lead shot that remains in dead or dying birds, and chemical poisoning from the intentional poisoning of nuisance animals. The effects to eagles are secondary. For each bald eagle recovery unit in the United States (e.g., Southeast,Chesapeake Bay,Northern States, Southwest, Pacific), the Service worked with the states to produce guidelines that provide recommendations to avoid or minimize detrimental human-related effects to nesting bald eagles. These guidelines include recommendations on the frequency, distance, and type of disturbances that should be avoided in the vicinity of bald eagle nests. Though the guidelines vary from region to region, they generally provide for spatial and temporal protection of the nest site and foraging areas. These guidelines have been widely adopted by Federal and State agencies and are applied to both public and private lands. The Habitat Management Guidelines for the Bald Eagle in the Southeastern Region (Service 1987)(Guidelines) have been used in Florida to avoid or minimize potential adverse effects to nesting bald eagles. Nesbitt et al. (1993) evaluated the effectiveness of the Guidelines in protecting bald eagle habitat and found that bald eagle use and productivity were not significantly affected by encroachment if the Guidelines were implemented as recommended. These results lead to the conclusion that no modifications to the Guidelines were needed. ENVIRONMENTAL BASELINE Status of the species within the action area The action area is defined as the 111.3-acre project site and the area within 1500-feet of bald eagle nest CO-19. Portions of this 1500-foot zone are outside of the proposed project footprint. Nest CO-19 was first discovered during the 1990-1991 nesting season, and has been active in every nesting season since then, with the exception of 1992-1993. During this time the nest has been documented to produce 13 fledglings, including 2 per year in each of the last four nesting seasons. 8 9A The nest is located in a dead and wildfire-damaged slash pine (Pinus elliottii) within the project site on private land. The 1998 wildfire resulted in the death of the mature pine trees in this nesting territory. The area immediately surrounding the nest and all of the primary zone is presently undeveloped. Within the action area,Vanderbilt Drive is located 920 feet east of nest CO-19. The Arbor Trace development is located 1,230 feet north of the nest. A 17-story tower, located outside of the secondary zone, 1,550 feet north of the nest, was built at Arbor Trace from 2000 to 2002. A proposed development known as Coconilla Towers is presently under evaluation for a Corps permit and would be located 850 feet southeast of the nest. The Wiggins Pass Marina has been in existence on the project site for 25 years. Activities at this site have included moving boats between the storage facility and the marina, and repairs to boats. The Cocohatchee Bay development began work on a golf course located 750 feet east of the nest tree during the non-nesting season in 2002. There are currently no buildings within the primary or secondary zone that are more than 3 stories high. Significant bodies of water that may serve as foraging areas in the general vicinity include the Wiggins Bay(0.2 miles to the West), Cocohatchee River(0.4 miles to the South), Gulf of Mexico (0.8 miles to the West), Water Turkey Bay(1.1 miles to the South), Little Hickory Bay (1.5 miles to the north),the Caloosahatchee River(1.2 miles to the north-northwest), Lakes Park (2.3 miles to the east), Hendry Creek (2.7 miles to the east-southeast), the wetlands and waters of Estero Bay Aquatic Preserve and State Buffer Preserve (2.7 miles to the south) and an approximately 46-acre borrow pit located 0.3 miles to the southeast. EFFECTS OF THE ACTION This section includes an analysis of the direct and indirect effects of the proposed action on the species and its interrelated and interdependent actions. To determine whether the proposed action is likely to jeopardize the continued existence of threatened or endangered species in the action area,we focus on consequences of the proposed action that affect rates of birth,death, immigration, and emigration because the probability of extinction in plant and animal populations is most sensitive to changes in these areas. Factors to be Considered Though the applicant has made an attempt to minimize project effects on bald eagles, the final project alignment does not conform with the Guidelines. The Service always recommends that a proposed project conform with the Guidelines to the greatest extent possible to minimize the disturbance to the bald eagles on the nest. According to the applicant, however, any further design alternatives are not economically viable. Individual bald eagles react differently to human encroachment. When evaluating effects to nesting bald eagles, there is a gradient of bald eagle reactions to human behavior. On one end of the gradient, bald eagles that nest in rural environments are generally intolerant of human disturbance and, typically, construct their nests in locations far removed from unpredictable, daily human disturbance. On the other end of the gradient, bald eagles that nest in urban 9 9A environments move in after construction disturbances are completed or already existing. They maintain nesting territories in areas where human encroachment occurs within the secondary zone,and occasionally,the primary protection zone. In general,disturbance within the secondary or primary zone of"rural" bald eagles tends to have more of an adverse effect than disturbance within the secondary or primary zone of"urban" bald eagles. Analyses for Effects of the Action Beneficial Effects There are no known beneficial effects to bald eagles from the proposed activity. Direct Effects The bald eagles occupying the action area are likely to be adversely affected by the proposed action. The project may result in direct"take"of the eagles through harm and harassment as a result of the noise and disturbance generated from site work, construction of homes and infrastructure, and increased human activities after the project has been constructed. These direct effects could cause the eagles to abandon the nest prior to egg laying, abandon the nest while eggs are in the nest, which would result in embryo mortality, or abandon the nest when chicks are in the nest, which would result in chick mortality. While the nest location cannot be characterized as remote or undisturbed, the true characterization of this nest is probably somewhere in between"urban" and"rural." CO-19 is located in a dead slash pine within the project site. Four of the five high-rise condominiums are proposed to be constructed within the primary zone(within 750 feet)of the nest. Two condominiums will occur within 30 feet of the nest tree. Since CO-19 has no historic precedent of construction of a tower in the primary or secondary zone(see Environmental Baseline),the available information is inconclusive in trying to determine the tolerance of these individual eagles to human disturbances. However, it is evident that the proposed project represents a new, more intrusive, and potentially chronic disturbance closer in proximity than other, less disturbing uses currently in the area of the CO-19 nesting territory. Project construction will permanently alter the habitat surrounding the bald eagle nest. Bald eagles usually select nest sites that are removed from human disturbance and tend to relocate nests or nesting territories away from encroaching disturbance, if suitable habitat exists (Broley 1947,Fraser et al. 1 985). Tree removal may also destroy important perch sites surrounding the nest tree. Diurnal perches located close to the nest are important for hunting, loafing, and monitoring the nest. Favored perches that are used consistently year-after-year are generally 300 to 600 feet from the nest tree and provide an unobstructed view of the nest (Herrick 1924). Construction-related disturbances such as the operation of heavy equipment, large cranes for the condominium tower construction, power and hand tools, and human voices are expected to have adverse effects on this pair of nesting bald eagles when construction occurs during the nesting season. The applicant has proposed to conduct project construction incrementally, beginning l0 9A with construction furthest from the nest, outside of the nesting season, moving closer and including nesting season work as the project progresses. The applicant has agreed to implement a phased construction schedule that minimizes disturbance to the eagles during the nesting season(see Description of the Proposed Action). However, given the final construction plans and increased sources and levels of disturbance to eventually within less than S0 feet of the nest tree,the impacts are expected to result in nest site abandonment. Interrelated and Interdependent Actions There are no interrelated or interdependent actions associated with the proposed action that are expected to impact bald eagles. Indirect Effects Indirect effects are caused by or result from the proposed action, are later in time, and are reasonably certain to occur. Indirect effects may occur outside the area directly affected by the action. Indirect effects may include other Federal actions that have not undergone section 7 consultation, but will result from the action under consideration. The indirect effects that could result in harm or harassment to the bald eagles would include the following: (1) the noise and other activity associated with the development(landscaping equipment) and access roads (automobiles and motorcycles), (2) increased artificial lighting from the proposed project and surrounding development, (3) human interaction within close proximity to the eagle nest tree, and (4) any future developments planned within the action area. These indirect effects could cause the eagles to abandon the nest prior to egg laying, abandon the nest while eggs are in the nest which would result in embryo mortality, or abandon the nest when chicks are in the nest which would result in chick mortality. Species Response to the Proposed Action Bald eagles are vulnerable to disturbance early in the nesting season, i.e.,during courtship, nest building,egg laying, incubation,and brooding(roughly the first 12 weeks of the nesting cycle), and disturbance during this critical period may lead to nest abandonment and/or chilled or overheated eggs or young. Human activity near the nest later in the nesting cycle may cause the eaglet(s)to fledge prematurely, thereby reducing the likelihood of fledgling survival. The Service believes human activity, as outlined in the applicant's bald eagle management plan and at the distances currently depicted in the site plan,has an increased probability of resulting in one or more of these negative effects. Project implementation will likely result in the eventual abandonment of the bald eagle nest site. The loss of productivity(assuming nest productivity equaled the 10-year statewide average of 1.57)would represent about 0.002 percent of the average annual statewide bald eagle production (Nesbitt 1999). Disturbance associated with the project could result in an immediate one-time abandonment of the nest site based on vegetation removal and construction activities in the primary zone, intermittent failure of the nest site based on habitat degradation and human encroachment, partial failure of the nest site (loss of or reduced fledgling) based on habitat 11 9A degradation and human encroachment, or permanent abandonment upon the completion of the project, with the subsequent collapse of the nest itself. CUMULATIVE EFFECTS Cumulative effects include the effects of future State, local, or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the ESA. The Service has considered cumulative effects of this project on the eagle nest and in this instance, there are no cumulative effects. CONCLUSION After reviewing the current status of the bald eagle,the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the project as proposed, is not likely to jeopardize the continued existence of bald eagles. No critical habitat has been designated for this species;therefore,none will be affected. Since 1982, the number of bald eagle nests in Florida has more than doubled. While human disturbance may lead to abandonment of this nest,the eagles may build a new nest elsewhere. The loss of this nest, including the loss of eggs or chicks, will not appreciably affect the overall survival and recovery of the bald eagle in Florida. III. INCIDENTAL TAKE STATEMENT Sections 4(d) and 9 of the ESA prohibit taking(harass,harm,pursue,hunt,shoot,wound, kill, trap, capture or collect, or to attempt to engage in any such conduct) of ESA-listed species of fish or wildlife without a special exemption. "Harm" and "harass" are further defined in Service regulations (50 CFR 17.3). "Harm" is defined to include significant habitat modification or degradation that results in death or injury to ESA-listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. "Harass" is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering. Under the terms of sections 7(b)(4) and 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered a prohibited taking provided that such taking is in compliance with the terms and conditions of this incidental take statement. The measures described below are nondiscretionary, and must be implemented by the agency so that they become binding conditions of any grant or permit issued to the applicant, as appropriate, in order for the exemption in section 7(o)(2) to apply. The Federal agency has a continuing responsibility to regulate the activity that is covered by this incidental take statement. If the agency (1) fails to require the applicant to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the 12 9A permit or grant document, or (2) fails to retain oversight to ensure compliance with these terms and conditions, the protective coverage of section 7(o)(2) may lapse. AMOUNT OR EXTENT OF TAKE ANTICIPATED The Service has reviewed the biological information for this species, information presented by the applicant, and other available information relevant to this action, and based on our review, incidental take, in the form of harm or harassment, is anticipated for the adult bald eagles, their eggs, or their young at nest CO-19. Harm or harassment may result in the eagles abandoning the nest prior to egg laying, abandoning the nest while eggs are in the nest, which would result in embryo mortality, or abandoning the nest when chicks are in the nest, which would result in chick mortality. Incidental take as described above may occur during the 2004-2005 nesting season and/or subsequent nesting seasons for the life of the project. Nesbitt(1995) analyzed Florida bald eagle nesting data collected from 1973 through 1995 and reported an average of 1.05 bald eagle chicks produced per nesting territory. Using Nesbitt's estimation of bald eagle productivity,the project may result in the take of 1.05 nestlings per year. Effect of the Take The proposed action will result in the loss of productivity from one bald eagle nest out of the 24 nests known to occur in Collier County. The total number of nests in south Florida that have lost productivity due to permitted actions from January 1, 2000,to date will increase to 11. REASONABLE AND PRUDENT MEASURES When providing an incidental take statement,the Service is required to give reasonable and prudent measures it considers necessary or appropriate to minimize the take along with terms and conditions that must be complied with,to implement the reasonable and prudent measures. Furthermore, the Service must also specify procedures to he used to handle or dispose of any individuals taken. The Service believes the following reasonable and prudent measures are necessary and appropriate to reduce take and to minimize the direct and indirect effects of the proposed project on the bald eagles, their eggs or their young, and their nesting territory: 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat. • 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines,to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during 13 9A the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. TERMS AND CONDITIONS To implement the above reasonable and prudent measures, the Service has outlined the following terms and conditions. In accordance with the Interagency Cooperation Regulation(50 CFR 402), these terms and conditions must be complied with to implement the reasonable and prudent measures: 1. In the event of project implementation,the entry road, stormwater pond, parking area and golf club house areas will be cleared and constructed in the first non-nesting season(May 16 through September 30). Exterior construction of the golf club house would also occur in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium number 5 also would be initiated in the non-nesting season (May 16 through September 30). However,construction of this 15-story building which is anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number 5 would be at the future location of building number 1. Site clearing for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility,pool,cottages, and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 5. 4. Land clearing and the initiation of construction of the 20-story condominium(number 4) likely would begin in the next non-nesting season,depending on economic conditions. The pad for condominium number 1 would again serve as the staging area for condominium number 4. The applicant agrees that the start of construction of condominium numbers 5,4 and I would be initiated only in the non-nesting season(s). The construction start dates of these condominiums likely would be in consecutive non-nesting seasons,but could be delayed based on the economy. If a dead bald eagle is found at the project site, the applicant must notify the Service's South Florida Ecological Services Office immediately at 772-562-3909. COORDINATION OF INCIDENTAL TAKE STATEMENT WITH OTHER LAWS, REGULATIONS, AND POLICIES To the extent that this statement concludes that take of any threatened or endangered species of migratory bird will result from the agency action for which consultation is being made,the Service will not refer the incidental take of any such migratory bird or bald eagle for prosecution under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 1§ 703-712), or the Bald 14 9A and Golden Eagle Protection Act of 1940, as amended (16 U.S.C. SS 668-668d), if such take is in compliance with the terms and conditions (including amount and/or number) specified herein. IV. CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the ESA directs Federal agencies to utilize their authorities to further the purposes of the ESA by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to °'" minimize or avoid adverse effects of a proposed action on ESA-listed species or critical habitat, . to help implement recovery plans, or to develop information. The applicant has expressed interest in constructing a 50-to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree. The purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO-19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical borings have been completed, and the base for the tree has been engineered. The geotechnical engineer(ASC Geoservices, Incorporated) suggests that actual fill for the base structure in the salt flat wetland will be limited to a 25-square-foot area, and can he pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non-toxic materials. Examples of this technology can be found at manufacturer websites such as www.naturemakers.com or www.utilitycamo.com. The applicant also proposes to install a video camera in the nest tree to provide the residents of Cocohatchec Bay and other interested parties with an opportunity to monitor eagle nesting behavior. The final designs of the base, the nest tree,and the camera will be submitted to the Service. V. REINITIATION - CLOSING STATEMENT This concludes formal consultation on the action outlined in the request. As provided in 50 CFR Section 402.16, reinitiation of formal consultation is required when discretionary Federal agency involvement or control over the action has been retained and if: (1) the amount or extent of incidental take is exceeded, (2) new information reveals effects of the agency action that may affect ESA-listed species or critical habitat in a manner or to an extent not considered in this biological opinion, (3) the agency action is subsequently modified in a manner that causes an effect to the ESA-listed species or critical habitat not considered in this biological opinion, or 15 9A (4) a new species is listed or critical habitat is designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. Thank you for your cooperation and effort in protecting fish and wildlife resources. If you have any questions regarding this project, please contact Allen Webb at 772-562-3909,extension 246. Sincerely yours, James J. Slack Field Supervisor South Florida Ecological Services Office cc: Service,Section 7 Regional Coordinator, Region 4, Atlanta, Georgia(Ken Graham) FWC, Tallahassee, Florida(Dan Sullivan) FWC, Punta Gorda, Florida(Jim Beever) Collier County Environmental Control Board,Naples,Florida EPA, Fort Myers, Florida(Steve Lawrence) District, West Palm Beach, Florida Corps, Fort Myers, Florida(Tunis McElwain) 16 9A LITERATURE CITED Broley, C.L. 1947. Migration and nesting of Florida bald eagles. Wilson Bulletin 59:3-20. Braley, C.L. 1950. The plight of the Florida bald eagle. Audubon Magazine 52:43-49. Curnutt, J.L. 1996. Southern bald eagle. Pages 179-187 in: J.A. Rodgers Jr., H.W. Kale II, H.T. Smith, eds. Rare and endangered biota of Florida, University Press of Florida; Gainesville, Florida. Curnutt, J.L. and W.13. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida. Journal of Wildlife Management 58(2):218-221. Fraser, J.D., L.D. Frenzel, and J.E. Mathisen. 1985. The impact of human activities on breeding bald eagles in north-central Minnesota. Journal of Wildlife Management 49:585-592. Hardesty, J.L. 1991. Conservation of coastal nesting bald eagles in Florida: History, demography, and habitat use. Unpublished Masters Thesis, University of Florida; Gainesville, Florida. Heinzman, G. 1961. The American bald eagle. Natural History 70 (6): 18-21. Ieinzman, G. 1962. American bald eagle—a last stand in Florida? Florida Wildlife 15(8):14-17. Herrick, F.H. 1924. Nests and nesting habits of the American eagle. The Auk 41(2):213-231. Howell,J.C. 1973. The 1971 status of 24 bald eagle nest sites in east central Florida. Auk 90:678-680. Johnsgard, P.A. 1990. Hawks,eagles,and falcons of North America. Smithsonian Institution Press; Washington, D.C. McEwan, L.C. 1977. Nest site selection and productivity of the southern bald eagle. Unpublished Masters Thesis, University of Florida, Gainesville,Florida. McEwan. L.C. and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection. Journal of Wildlife Management 43:585-594. Montana Bald Eagle Working Group. 1991. Habitat management guide for bald eagles in northwestern Montana. Bureau of Land Management; Billings, Montana. Nesbitt, S.A. 1995. Bald eagle population monitoring. Annual performance report, Florida Game and Fresh Water Fish Commission; Gainesville, Florida. Nesbitt, S.A. 1999. Bald eagle population monitoring. Annual performance report, Florida Game and Fresh Water Fish Commission, Gainesville, Florida. 8pp. 9A Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proceedings of the 47th Annual Conference of the Southeastern Association of Fish and Wildlife Agencies. 47:333-338. Palmer, R.S. 1988. Handbook of North American birds, Volume 4. Yale University Press; New Haven, Connecticut. Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27-30 in: H.W. Kale II, ed. Rare and endangered biota of Florida: volume two, birds. University Presses Florida; Gainesville, Florida. Smith, G. 1969. American bald eagle. Florida Wildlife 23(2):12-17. U.S. Fish and Wildlife Service (Service). 1987. Habitat management guidelines for the bald eagle in the southeastern region. U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service(Service). 1999. South Florida multi-species recovery plan. U.S. Fish and Wildlife Service, Vero Beach, Florida. Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest sites in Florida. Final report,Nongame Wildlife Project 85-020, Florida Game and Fresh Water Fish Commission; Tallahassee, Florida. Wood, P.B. and M.W. Collopy. 1995. Population ecology of subadult southern bald eagles in Florida: Post-fledging ecology, migration patterns, habitat use, and survival. Final report to Florida Game and Fresh Water Fish Commission,Nongame Wildlife Program, Tallahassee, Florida. Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53(2):441-449. 18 9A . .. l u.. 1 . .,-c:a..1,€.14..,„,\ United States Department of the Interior m'l 1�.: 1 FISH AND WILDLIFE SERVICE ` f w-= ` - South Florida Ecological Services Office tas�� t 339 20`h Street Vero Beach,Florida 32960 February 6, 2006 Colonel Paul L. Grosskruger District Commander U.S.Army Corps of Engineers 701 San Marco Boulevard,Room 372 Jacksonville,Florida 32207-8175 Service Federal Activity Code: 41420-2007-FA-1681 Service Consultation Code: 41420-2007-F-0638 Corps Application No.: SAJ-2003-00526(IP-TWM) Date of Reinitiation of Formal Consultation: November 30,2006 Project: Cocohatchee Development Applicant: Cocohatchee Partners, Limited County: Collier Dear Colonel Grosskruger: This letter constitutes an addendum to the February 27,2004,Biological Opinion for the project referenced above. The Fish and Wildlife Service(Service)has received new information regarding the establishment of a new bald eagle(Haliaeetus leucocephalus)nest on the project site, identified as CO-19A by the Florida Fish and Wildlife Conservation Commission(FWC). This nest was constructed after authorized work began on the Cocohatchee Development Project permitted under U.S. Army Corps of Engineers' (Corps)application number SAJ-2003-00526 (IP-TWM),which was issued for this development project and bald eagle nest CO-19. The Service has reviewed the new information for consistency with current bald eagle management guidance and provides its views in accordance with Section 7 of the Endangered Species Act of 1973, as amended(Act)(87 Stat. 884; 16 U.S.C. 1531 et seq.). The following sections add to the existing February 27,2004,Biological Opinion on the effects of the authorized Cocohatchee Development on the new bald eagle nest CO-19A. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17,and 20,Township 48 South, Range 25 East, Collier County, Florida. Addition to Consultation History On November 28,2006, the consultant on behalf of Cocohatchee Partners,Limited contacted the Service regarding the construction of a new bald eagle nest within the Cocohatchee project parcel. On November 30,2006 the environmental consultant and representatives for Cocohatchee Partners,Limited met at the Service's Vero Beach Office to discuss changes in the timing for the construction of the project and new conservation measures proposed. TAKE PRIDE VE✓' "° INAMERICA • A A 9 .41 PROJECT DESCRIPTION The applicant proposes to construct five high-rise condominiums(each 15 to 20 stories), a social and fitness center, a golf driving range,tennis courts,guest cottages,parking areas, and storm water management facilities on a 111.3-acre project site. Construction activities associated with the project will impact 1.52 acres of fresh water wetlands. To compensate for impacts to wetlands, the applicant has proposed to purchase mitigation credits from an approved mitigation bank. The applicant also proposes to construct a 35-slip marina. The effect of the proposed marina on the West Indian manatee(Thrichechus manatus),has been addressed in a separate Biological Opinion. To compensate for unavoidable effects to bald eagles at nest CO-19,and now CO-19A,the applicant proposes to purchase and preserve suitable habitat for nesting bald eagles in,or in the vicinity of, Collier County,in southwest Florida. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17,and 20,Township 48 South,Range 25 East, Collier County,Florida. AMENDMENTS TO THE BIOLOGICAL OPINION ADDITION TO THE DESCRIPTION OF PROPOSED ACTION No changes or additions to the original site construction plan addressed in the February 27,2004, Biological Opinion are proposed. A bald eagle nest FWC number CO-l9 occurs within the project footprint. This nest tree was killed by lightning in 1997 and in November 2006 the pair constructed a new nest (CO-19A) approximately 917' to the northwest on a live slash pine (Pinus elliottii). Project plans call for the construction of two of the five proposed high-rise condominiums to be constructed within 660' of this new nest. Construction will eventually occur within 60 feet of the nest tree. The Service has reviewed the proposed construction sequence and notes it will result in changes to several Terms and Conditions of the biological opinion in order to minimize the adverse effects of the project to nesting bald eagles. Below are the revised Terms and Conditions, stated in full. In the event the bald eagles continue nesting in CO-19A, the construction sequence proposed in the biological opinion issued for this project on February 27, 2004 and as modified on July 14,2004,would be modified as follows: 1. In the event of project implementation, the entry road, stormwater pond,parking area, and golf club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium number I also would be initiated in the non-nesting season(May 16 through September 30). However, construction of this 20-story building, which is anticipated to take about 2 years to complete,would not be limited to the non-nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting season. 2 • 9A 3. In the second non-nesting season,construction of the remaining recreational facilities east of the access road(i.e.,fitness facility, social facility,pool,cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phases for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non-nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence for the remaining condominiums would be buildings 3,4 and 5 with the start of construction of these condominiums initiated only in the non-nesting season(s)(Figure 1). The construction start dates of these condominiums likely would be in consecutive non-nesting seasons,but could be delayed based on the economy. 5. The boardwalk connecting condominium numbers 4 and 5 inside 660' of CO-19A would only be constructed in the uplands in the non-nesting season after these two units are completed and at the revised location as shown. 6. In the event the bald eagle pair returns to CO-19 or builds other nests on property owned by Lodge Abbott Associates,LLC, the permittee agrees to similarly modify the construction sequence on the remaining buildings to minimize the adverse effects of the project on nesting bald eagles. 7. The permittee has proposed to preserve an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County,but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. The applicant will notify the Service on this transaction by sending the Service a copy of the land title or conservation easement document used to secure the eagle nest territory. Site selection criteria is as follows. The permittee shall secure by fee simple title or conservation easement a parcel of suitable habitat that is of sufficient size and cover type(i.e.,presence of multiple nest trees,buffers,proximity to foraging areas, etc.)to attract and/or sustain nesting bald eagles within Collier County or within neighboring southwest Florida region,dependent upon availability for long-term preservation. Long-term preservation of the parcel must be assured by means that include donation to a governmental or other appropriate third party that will agree to accept the responsibility for perpetual management of the property for bald eagles,other species of conservation concern and natural values. Factors that will be considered on the selection of an appropriate parcel of habitat for preservation are as follows. 3 91\ • Preference will be given to selection of a parcel that presently supports active nesting by bald eagles,but a parcel that supports suitable habitat for attracting and supporting nesting bald eagles may also be considered acceptable. • Preference will be given,but not limited to, selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. • Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size,cover types,and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. ADDITION TO ENVIRONMENTAL BASELINE Addition to Factors Affecting the Species within the Action Area Construction of the Cocohatchee Development began in 2005 and is ongoing. The CO-19A bald eagle nest is currently surrounded by undeveloped areas. Accordingly,Construction activities associated with the high rising buildings could disturb the CO-19A bald eagle nest, and additional disturbances may result with proposed infrastructure and subsequent activities associated with the occupancy of the proposed buildings. ADDITIONS TO EFFECTS OF THE ACTION • Addition to Factors to be Considered The CO-19A bald eagle nest was first constructed in November 2006. The eagle pair is currently using the nest during the 2006-2007 nesting season. Addition to Analysis for the Effects of the Action Beneficial Effects-The permittee has proposed to preserve an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. Direct Effects -Bald eagles occupying the action area may be adversely affected by the proposed action. The Project may result in direct"take"of the eagles,their eggs or chicks through harm and harassment as a result of the noise and disturbance generated from site work, construction of buildings and infrastructure, and increased human activities after the Project has been constructed. These direct effects could cause the eagles to abandon the nest prior to egg laying, abandon the nest while eggs are in the nest resulting in embryo mortality, or abandon the nest when chicks are in the nest causing chick mortality. 4 9A The Project generally proposes high rising buildings as close as 60 feet from nest CO-19A. It is anticipated even with the restrictions placed on construction activities during the nesting season, this pair will eventually abandon this nest location due to construction-related disturbance or activities associated with the occupancy of the proposed buildings and recreational areas. Indirect Effects-The types of indirect effects from the proposed action that could result in harm or harassment to the bald eagles at nest CO-19A could include the following: 1. Noise and other activities associated with the construction of the project, subsequent occupation of the high rising buildings,and the use of access roads by landscaping equipment,automobiles, garbage trucks, and motorcycles, may disturb the eagles nesting at nest CO-19A. While the eagles may nest at this territory through the construction of other buildings,it is likely the eagles will abandon this nesting territory in response to construction activities occurring as close as 60 feet of the nest tree. 2. The increased artificial lighting from the proposed residential development may adversely affect the bald eagle. Lighting from the building proposed within 60 feet from the nest and adjacent recreational areas are likely to disturb the bald eagles at CO-19A. 3. Human activities within close proximity of the nest tree may affect the eagle pair nesting at CO-19A. Expected events include pedestrian traffic and activities associated with the occupancy of the.buildings. While the permittee will adopt measures to minimize the impact of the proposed activities, construction of the high rising buildings has to extend to the nesting season. Therefore,human activities within about 60 feet from the nest are likely to have a negative impact on the bald eagle at nest CO-19A. These indirect effects could cause the eagles to abandon the nest prior to egg laying,abandon the nest while eggs are present resulting in embryo mortality,or abandon the nest when chicks are in the nest causing chick mortality. Even with the protection measures in place,the close distance between the proposed construction activities and the nest tree is likely to result in negative indirect effects to the eagles at nest CO-19A. AMENDMENTS TO THE INCIDENTAL TAKE STATEMENT ADDITION TO AMOUNT OR EXTENT OF TAKE The Service has reviewed the biological information for this species,information presented by the Permittee's consultants,and other available information relevant to this action,and based on our review,incidental take, in the form of harm or harassment, is anticipated for the adult bald eagles, their eggs or their young at the CO-19A nest. Harm or harassment may result in the eagles abandoning the nest prior to egg laying,abandoning the nest while eggs are in the nest resulting in embryo mortality,or abandoning the nest when chicks are in the nest causing chick mortality. Incidental take as described above may occur during the 2007 and 2008 nesting season and/or subsequent nesting seasons for the life of the Project. Nesbitt(1999) analyzed Florida bald eagle nesting data for a 10-year period and reported an average of 1.57 bald eagle chicks produced per nesting territory. The Project may result in the take of 1.57 nestlings per year, for those nesting seasons occurring between the time of abandonment and construction of a new nest. 5 ,y,En 9A • ADDITION TO REASONABLE AND PRUDENT MEASURES The Service is required to give reasonable and prudent measures it considers necessary or appropriate to minimize the take,along with terms and conditions that must be complied with to implement the reasonable and prudent measures when providing an incidental take statement. Furthermore,the Service must also specify procedures to be used to handle or dispose of any individuals taken. The Service believes the following reasonable and prudent measures are necessary and appropriate to reduce take and to minimize the direct and indirect effects of the proposed Project on the bald eagles, their eggs or their young,and their nesting territory at CO-19A nest: The Permittee shall implement the following conditions: Cocohatchee Partners,Limited must take all necessary steps, for the duration of the Project,to minimize the potential for incidental take of bald eagles during each nesting season pursuant to their addendum to the existing biological opinion for this project. Cocohatchee Partners,Limited must make reasonable effort,during the construction of the Project,to prolong the integrity of the bald eagle nest tree,the nest, and the surrounding habitat. ADDITION TO TERMS AND CONDITIONS • The Service has outlined the following terms and conditions for incidental take to implement the above reasonable and prudent measures. These terms and conditions must be complied with to 'implement the reasonable and prudent measure(s) for incidental take in accordance with the Interagency Cooperation Regulation(50 CFR 402). 1. In the event of project implementation,the entry road, stormwater pond,parking area, and golf club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non-nesting season(May 16 through September 30). However, construction of this 20-story building, which is anticipated to take about 2 years to complete,would not be limited to the non-nesting season. The staging area for building number I would be at the future location of building number 3. Site clearing for the staging areas would occur in the same non-nesting season. 3. In the second non-nesting season,construction of the remaining recreational facilities east of the access road(Le., fitness facility, social facility,pool,cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phases for condominium number 1. 6 9A 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non-nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence for the remaining condominiums would be buildings 3, 4 and 5 with the start of construction of these condominiums initiated only in the non-nesting season(s). The construction start dates of these condominiums likely would be in consecutive non-nesting seasons,but could be delayed based on the economy. 5. The boardwalk connecting condominium numbers 4 and 5 inside 660' of CO-19A would only be constructed in the uplands in the non-nesting season after these two units are completed and at the revised location as shown. 6. In the event the bald eagle pair returns to CO-19 or builds other nests on property owned by Lodge Abbott Associates,LLC, the permittee agrees to similarly modify the construction sequence on the remaining buildings to minimize the adverse effects of the project on nesting bald eagles. 7. The permittee has proposed to preserve an offsite bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County,but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. The applicant will notify the Service on this transaction by sending the Service a copy of the land title or conservation easement document used to secure the eagle nest territory. Site selection criteria is as follows. The permittee shall secure by fee simple title or conservation easement a parcel of suitable habitat that is of sufficient size and cover type(i.e.,presence of multiple nest • trees,buffers,proximity to foraging areas,etc.)to attract and/or sustain nesting bald eagles within Collier County or within neighboring southwest Florida region,dependent upon availability for long-term preservation. Long-term preservation of the parcel must be assured by means that include donation to a governmental or other appropriate third party that will agree to accept the responsibility for perpetual management of the property for bald eagles,other species of conservation concern and natural values. Factors that will be considered on the selection of an appropriate parcel of habitat for preservation are as follows. • Preference will be given to selection of a parcel that presently supports active nesting by bald eagles,but a parcel that supports suitable habitat for attracting and supporting nesting bald eagles may also be considered acceptable. 7 9A • Preference will be given,but not limited to,selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. • Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas,size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. 8. Should a dead,injured or sick bald eagle be found at the Project site,the initial notification must be made to the Service's South Florida Ecological Services Office immediately at 772-562-3909. The reasonable and prudent measures with their implementing terms and conditions are designated to minimize the impact of individual take that might otherwise result from the proposed action. The Service believes no more than 1.57 nestlings per-year, will be incidentally taken as a result of the proposed action. If,during the course of the action,this level of incidental take is exceeded,such incidental take represents new information requiring initiation of consultation and review of the reasonable and prudent measures provided. The Federal agency must immediately provide an explanation of the causes of the taking and review with the Service the need for possible modifications of the reasonable and prudent measures. COORDINATION OF INCIDENTAL TAKE STATEMENT WITH OTHER LAWS, REGULATIONS,AND POLICIES • To the extent this statement concludes take of any threatened or endangered species of migratory bird will result from the agency action for which consultation is being made, the Service will not refer the incidental take of any such migratory bird or bald eagle for prosecution under the Migratory Bird Treaty Act of 1918, as amended(16 U.S.C. §§ 703-712), or the Bald and Golden Eagle Protection Act of 1940, as amended(16 U.S.C. §§ 668-668d),if such take is in compliance with the terms and conditions(including amount and/or number)specified herein. AMENDMENT TO CONSERVATION RECOMMENDATIONS The Pennittee has proposed and agreed to implement standard conservation measures to reduce the likelihood or minimize the level of take; these measures have been incorporated into the terms and conditions of this biological opinion. The Service has no further conservation recommendations to make for the CO-19A nest,based on the Permittee's voluntary commitment to carry out the minimization and compensation measures contained herein. REINITIATION- CLOSING STATEMENT This concludes formal consultation on the action outlined in the request. As provided in 50 CFR Section 402.16,reinitiation of formal consultation is required when discretionary Federal agency involvement or control over the action has been retained and if: (1)the amount or extent of incidental take is exceeded; (2)new information reveals effects of the agency action that may affect Act-listed species or critical habitat in a manner or to an extent not considered in this 8 9A biological opinion; (3)the agency action is subsequently modified in a manner that causes an effect to the Act-listed species or critical habitat not considered in this biological opinion;or (4) a new species is listed or critical habitat is designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. Thank you for your cooperation and effort in protecting fish and wildlife resources. If you have • any questions regarding this project,please contact Al Begazo at 772-562-3909, extension 234. Since ears, /// 40,001.°Cu So Field Supervisor South Florida Ecological Services Office Enclosures cc: w/enclosures: Corps,Fort Myers, Florida(Melissa Ellis) Service,Jacksonville Ecological Services Office(Bald Eagle Species Lead) District, West Palm Beach,Florida FWC,Tallahassee,Florida(Brad Gruver) Lee County, Division of Planning and Environmental Sciences, Fort Myers,Florida Service, Atlanta,Georgia(Ken Graham) 9 9A . .. . •. ... ‘\\:-....L-.:HJ ,___ _____ ---... _J�-- � i kt Li r-Doii ' i 1 ( , 1 -.,-- ....... - .„3,,,„,` \ i,,,, Q - =c-2 -.4: 77. 9[ I,.: ::-:i-,..; 44 r ; Jl:!ulkfl,01 � enc.( fin" \ IV's \ 1 ! i , ii c— IN Ill I• i 1 , 11 •! „pi ••..„„..........,7,..,,„„,„.,. e„, LI',t l• i \______ 4 .. ."1 Ir4 - I lei; / I ' E w. i t maTmo II( , 1k4t.,:,....c.;::::.,,',-!;•..•:-:,,,:-;•-.. , gni. 1 t 1 0.: 0 \ • -•::;.:4::-:.:4-'4.,.:::-.,.„.....„, 4p...,.. 1.3 lig 1 , . i ••''� :�:„�tiri.ri�:itt,�;.Ti: ' l 1t1 • • /\\\‘ ,�`fir' ''�?;a� ••=1.b:;_ ".-P.:. \' I 1 Ilk Iii .�,✓ V;`�' Is.'' 'J r /( i I — i 11 F . .. ".7� z5 /', -' - ', !, +‹BUr-- .I t ' >=rig: i 1 .,,...i \..) \ --c•',,e-'.0.••••••''....tt!! i • r( g ( iNn z-: a'OG !,i';! SNSFT'O TO PRESERVE WER,WO. AODITIONAi, V//// IMPACTED 1�+?eSER/f 4 !.,`2 A . ENTRY ROAD k ai.'4;./IAXE Cti.�H'.:FJ ARC P0.4;1f�'.£ i/// / ?ENDiL;. APPROVAL OF WiTLANO PLAN, ' • ' MAINTAINED PRES£RY£ > I.!9 Ac. , y avow Fr Vanasse w. r r�. . !;STD ° , ' It lit 5i:�dgs+o.!t7.:..•:&H*X.i.i Pi )tJT(3JSC IIfY M hwt I* M w t7tGk4 f4riCa J41998 Daylo. .�„s i, N__ (::!,, _1507 _ r An. ..„,,,,,,,x,.,„,,„, ■a• f, Y[i5 w.r '.-v-L)` iArseM A'al o!_ - 1 Figure'. Site plan showing the location of the proposed buildings within the Cocohatche Development Project. 10 9A . , , 1 U.s. • , United States Department of the Interior navimum t FISH AND WILDLIFE SERVICE � t'> South Florida Ecological Services Office tir ON dililtini '""—�* 1339 20th Street \ of V.. Vero Beach,Florida 32960 February 27,2007, Colonel Paul L.Grosskruger District Commander U.S. Army Corps of Engineers 701 San Marco Boulevard,Room 372 Jacksonville,Florida 32207-8175 Service Federal Activity Code: 41420-2007-FA-1681 Service Consultation Code: 41420-2007-F- 0638 Corps Application No.: SAJ-2003-00526 (IP-TWM) Date of Reinitiation of Formal Consultation: November 30,2006 Project: Cocohatchee Development Applicant: Cocohatchee Partners,Limited County: Collier Dear Colonel Grosskruger: , This letter constitutes an amendment to the Cocohatchee Development project letter dated February 6,2007. The Fish and Wildlife Service(Service)has received an updated version of the site map originally attached to the February 6, 2007, letter. The Service has assessed the proposed amendment by reviewing the new map for consistency with the text in the letter and considers the proposed amendment appropriate. The new map,identified here as Figure I will replace Figure 1 in the February 6,2007, letter. As of the date of this letter, the February 6,2007 letter for the Cocohatchee Development project is amended. All other components of the February 6,2007,letter and the February 27, 2004, Biological Opinion for this project remain unchanged. Please attach this amendment to the original biological opinion. Thank you for your efforts in protecting Florida's listed species. If you have any questions, please contact Al Begazo at 772-562-3909, extension 234. Sincerely yours, /1,e z U).4 Paul Souza Field Supervisor South Florida Ecological Services Office TAKE RRIDEe& 1 NAM ERICA / 9A Enclosures cc: w/enclosures: Corps,Fort Myers,Florida(Melissa Ellis) Service,Jacksonville Ecological Services Office(Bald Eagle Species Lead) District,West Palm Beach,Florida FWC,Tallahassee, Florida(Brad Gruver) Lee County,Division of Planning and Environmental Sciences,Fort Myers,Florida Service,Atlanta,Georgia(Ken Graham) 2 9A .. ....... iffilI A 3 1 • .t w 4 D in c � 1 a \ 1111 '~'— - • ^'•+_..-- N *'\C -•—+—.1— ---7-- ) Z user �� E_.r! a �N 1 '` A ir 11!` ! ore, \� g 'Of. ..^-'-- ---- .v•-..\ N : /:-. ,;,..,01,A% • .,,,..;,,, _____ ,.. 1,,, 1 D - ------ .,'"...• 'AZ/ o' Ap••;„ri , , i,. .: . to.' ' A „. # _.,,ii,.. /Z 01106— . / 401 + a i y / a M aal/ v� i #ai ;'-k \` i � 9 i #i�x`. � R• i** a i 9 i i t 0,1E1 \'.t \'''../. > j ' �,∎t~�►. ' V a a i @ ' f i i i15� ` D 1 i 1 b' '-_E � /: i i i 9 i it '...4"..111.r 1 # 9 i \f 9 ..� 1 1 / \ Q ' i♦i\i + i i i 1it i f i , i . • i ti f 9 i f 9 ; s t i f i i i i f X J 4 4 t i i 1a' i 3 9 t. 9 i i h 9 3 i a f i / 1 5 g/ ,434 c i # I i i ' f # # s i 3 a 4 i • V • ' 6x'1 i 3 jig:_... f JO € 7-----r-•••••1 i i a f f i g f a 0 1 9 • i 1 9 a i a i f a # f # �:: p \ #/ 9 9 1 a ti 9 f i 1g f i # i # 9 a _ R. w%w Q i/ i i /14 i i i I s i i ‘-i i 4 4 9 9 9 i 4 i i M W• k‘ ♦ i •' a 9 z f/ i t 3 f f. 9 i l 9 1 ` a f i a i * 9 a .(�tl9 3 j 3 a 9 9f i i i !a . i i f 7 i 4 i , 9 i 9 \ " l V a 9 5 i / 9 + 4 1 1 1 4 i • i ; i 9 f • ' a 'i i ; 4 /3 f i i t i a it 4 4 4 a a ; 1 '+ a . • \i .' _ .-' •'ir 01 n 01 i i / i i f ' i 1 try ff11101hi 3 9 i f i wV +„ i \ f f , f a § i a a/ f 9 f a I /y, 11 1 ll`I 11110t ;1 t N i f # f ,, rN 0 a\ f i i 4 i i W4 9 9/ i i i '. 11.11 1 V t 1 91t l t # # 4 i 1 \ 9 i\ 1 i i i i i i// i i ! I '�.e111 f.1 1"i ll1 Ti11111 1111.1 11 / ° J 9 \ 4 i i ,2 i// 9 111 Il iry 1'en: lhryt 111 I .1rItt1l2111yy 1jj1117 h1i��l 11 i i i t/ , 1 1I`It 1 l`tFt I j1 111 1`��1L � 11�t111 1�I1 1'1'1l�4�11�111�f`11�i`t 011 f O ' ^Y,\` f , , � ; 11 I11 i timi Ttnl111 N111NU` �11 It: M llNtti11t}t11 `4 1t i i i i #.`�Li i i o > ,, 1.11 Hilly; .l. tt...t 11: 1 lal It t lt I 1 1 11 1 t.11F tt1 /• r .1 i 4 1 4 `i`�y�-t -r Y` 1111 11 11t M11ll1gtllIll l t 11lUyillilhm yl Il11l1F{litll l} i1111111„t1}lllil ' ‘....# W 79 f1I''Iill'1II711tlllt,tll1I1t111111 1 11tI�I •.1111111111111tltl1111,,,,,111. i 9A 160 EN7�yF p fa a WILDIX E SERVICE . , t 1 United States Department of the Interior r„,41 • FISH AND WILDLIFE SERVICE 'RCH 3. South Florida Ecological Services Office 1339 20"Street Vero Beach. Florida 32960 July 14,2004 ... V` r Colonel Robert M. Carpenter JUL 1 9 2Q{l r . District Engineer _ U.S. Army Corps of Engineers KJACasoNVILLE DISTRICT RIC T 701 San Marco Boulevard, Room 372 Jacksonville, Florida 32207-8175 Service Log No.: 4-1-03-F-4150 Corps Application No.: 200300526 (IP-TWM) Dated: September 16, 2003 Applicant: Cocohatchee Partners, Limited County: Collier Dear Colonel Carpenter: This letter responds to a request from Tunis McElwain of the U.S. Army Corps of Engineers' (Corps) Fort Myers Regulatory Office for the Fish and Wildlife Service (Service)to reinitiate consultation on the Cocohatchee Partners, Limited development project. In a email message to the Service dated June 22, 2004. Mr. McElwain requested that the Service reinitiate formal consultation and amend the biological opinion for the threatened bald eagle (Haliaeeius leucocephalus) (Service Log Number 4-1-03-F-4150,dated September 16, 2003) for the Cocohatchee Development based on the applicant's proposed modifications to the project. The project consists of the construction of five high-rise condominiums (each 15 to 20 stories), a social and fitness center,a golf driving range,tennis courts, guest cottages, parking areas,and stormwater management facilities on a 111.3-acre project site. The applicant also proposes to construct a 35-slip marina. Construction activities associated with the project will impact l.52 acres of fresh water wetlands. To compensate for impacts to wetlands, the applicant has proposed to purchase mitigation credits from an approved mitigation bank. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17,and 20, Township 48 South, Range 25 East, Collier County, Florida. A bald eagle nest. F lorida Fish and Wildlife. Conservation Commission number CO-19, occurs within the project footprint. Project plans call for the construction of four of the five proposed high-rise condominiums to be constructed within the primary "Lone (within 750 feet) of this nest. Construction will eventually occur within 30 feet of the nest tree. The Corps has requested the Service to modify the biological opinion for the Cocohatchec development based on modifications to the project proposed by the applicant. The Service has • 9A Colonel Robert M. Carpenter Page 2 reviewed the proposed project modifications and notes that they will result in the addition of the following two items to the Terms and Conditions Section of the biological opinion: 5. The construction of condominiums numbers 2 and 3 can be initiated only during the non-nesting season (May 16 through September 30). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 6. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The applicant will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. Site selection criteria are as follows: • Preference will be given to selection of a parcel that presently supports active nesting by bald eagles, but a parcel that supports suitable habitat for attracting and supporting nesting bald eagles may also be considered acceptable. • Preference will be given, but not limited to, selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. • Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. The Service has assessed the proposed additions to the Terms and Conditions section and considers them appropriate to minimize the take associated with the project, and implement the Reasonable and Prudent measures listed in the biological opinion. As of the date of this letter, the February 27, 2004, the Biological Opinion is amended to include Terms and Conditions number 5 and number 6. All other components of the biological opinion remain unchanged. • Thank you for your efforts in protecting Florida's listed species. If you have any questions,please contact John Wrublik at 772-562-3909; extension 282. Sincerely yours, James 3. Slack x'11 Field Supervisor South Florida Ecological Services Office 9A ! Colonel Robert M. Carpenter Page 3 cc: Corps, Fort Myers. Florida (Tunis McElwain) DEP, Fort Myers, Florida EPA, West Palm Beach, Florida FWC, Punta Gorda, Florida 9A DIVISIONS OF FLORIDA DEPARTMENT OF STA MEMBER OF THE FLORIDA CABINET - Office of the Secretary "' '!i,.- State Board of Education Office of International Relations � f t '. Trustees of the Internal Improvement Trust Fund Division of Elections " _M Administration Commission r~ °4: ,_ Division of Corporations Florida Land and Water Adjudicatary Commission Division of Cultural Affairs y ',1 Siting Board Division of Historical Resources r� ``- Division of Bond Finance >�-�; Division of Library and Information.Services = Department of Revenue Division of Licensing Department of Law Enforcement Division of Administrative Services Department of Highway Safety and Motor Vehicles FLORIDA DEPARTMENT OF STATE Department of Veterans'Affairs Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURCES Ms. Dawn Underwood July 5, 2001 South Florida Water Management District 2301 McGregor Blvd. Fort Myers, Florida 33901 RE: DHR No. 2001-6403 (Ref: 2000-08975) Date Received by DHR: June 19, 2001 Agency: South Florida Water Management District Project Name: Archaeological Survey:Kinsale Property Collier County,Florida Dear Ms. Underwood: In accordance with the procedures contained in Chapters 267 and 373,Florida Statutes, Florida's Coastal Management Program, and implementing state regulations,we have reviewed the referenced projects for possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, architectural or archaeological value. The State Historic Preservation Officer(SHPO)is to advise and assist state agencies when identifying historic properties(listed or eligible for listing,in the National Register of Historic Places), assessing effects upon them, and considering alternatives to avoid or reduce the project's effect on them. Results of the survey indicate that eight previously unrecorded archaeological sites (8CR814 through 8CR821)were identified during the archaeological survey of the Kinsale Property. All eight sites were identified as shell scatters and determined potentially eligible for listing in the National Register of Historical Places. It is the opinion of the project archaeologist that additional investigation be conducted in order to further evaluate the significance of the sites. The project mangers have agreed to avoid the sites during project construction until additional investigation can be satisfactorily performed by the project archaeologist. It is the understanding of this agency that the permit issued by the South Florida Water Management District will be conditioned to require the completion of additional archaeological investigation in those areas designated by the project archaeologist as requiring further evaluation. This work will be completed prior to construction activities commencing in those areas. PLEASE NOTE: NEW PHONE NUMBERS AND FAX NUMBERS EFFECTIVE JULY 1,SEE BELOW 500 S.Bronough Street . Tallahassee,FL 32399-0250•ttp://www.tlheritage.com O Director's Office 0 Archaeological Research Historic Preservation 0 Historical Museums (850)245-6300•FAX:245-6435 (850)245-6444•FAX:245-6436 (850)245-6333•FAX:245-6437 (850)245-6400•FAX:245-6433 0 Palm Beach Regional Office ❑St.Augustine Regional Office 0 Tampa Regional Office (561)279-1475•FAX:279-1476 (904)825-5045•FAX:825-5044 (813)272-3843•FAX:272-2340 9 (\ Ms.Dawn Underwood July 5, 2001' Page 2 Based on the information provided, this agency concurs with this determination. We look forward to receiving the results of the additional investigations when completed. If you have any questions concerning our comments,please contact Brian Yates, Historic Sites Specialist, at byates @mail.dos.state.fl.us. Your interest in protecting Florida's historic properties is appreciated. Sincerely, Janet nyder Matthews,Ph.D.,Director Division of Historical Resources State Historic Preservation Officer JSM/Yby xc: Ms. Cloe Essex, Turrell &Associates,Inc. Mr.Robert S. Carr,Archaeological and Historical Conservancy 9A Trebilcock piannini engineering Traffic Impact Statement Cocohatchee Bay PUD - Rezone Collier County, FL 07/17/2014 Prepared for: Prepared by: Lodge/Abbott Associates, LLC Trebilcock Consulting Solutions, PA 3400 East Lafayette Street 1205 Piper Boulevard, Suite 202 Detroit, MI 48207 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock @trebilcock.biz h h 8 PUD—Rezone TIS—Jul 2014 9 A Coco atc ee ay y Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions,PA 12 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Project Description The Cocohatchee Bay is an existing approved Planned Unit Development (PUD) — Ordinance # 2000-88 and is subject to a Settlement Agreement recorded in 2008 (OR Book 4368 Pgs. 2345 through 2441). The existing PUD contemplates a mixed use residential golf course community and consists of approximately 530 acres located on the northwest corner of Wiggins Pass Road (C.R. 888) and Vanderbilt Drive (C.R. 901), in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, in Collier County. Site development plans have been approved for 590 multifamily residential units and the golf course. The project site is bordered on the west by the Delnor Wiggins State Park and Barefoot Beach County Park; on the east by Tarpon Cove PUD and Wiggins Bay PUD; on the south by the Dunes PUD; and on the North by Arbor Trace PUD and the Retreat PUD. Refer to Fig. 1 — Project Location Map, which follows and Appendix B: PUD Project Master Site Plan. Fig. 1 — Project Location Map • +4 '444 z •% ••4 PP. CT 6, E{1 Fr:C E <.1 1 • ▪ 11•8•7 sat •• • • a �a ICOCOHATCHT[I • • BAY PUD • • • • • • • • • ♦ • a a Trebilcock Consulting Solutions,PA 4 Cocohotchee Bay PUD—Rezone TIS—July 2014 9 A Table of Contents Project Description 4 Trip Generation 5 Trip Distribution and Assignment 7 Background Traffic 9 Existing and Future Roadway Network 9 Project Impacts to Area Roadway Network— Link Analysis 10 Site Access Analyses 12 Improvement Analysis 13 Mitigation of Impact 13 APPENDICES Appendix A: Initial Meeting Checklist (Methodology Meeting) 14 Appendix B: PUD Project Master Site Plan 21 Appendix C: Trip Generation Calculations 23 Appendix D: Turning Movement Exhibit 25 Trebilcock Consulting Solutions,PA I 3 Cocohatchee Bay PUD—Rezone TIS—July 2014 9A Based on Collier County Ord. #2000-88, the Cocohatchee Bay PUD was permitted for a maximum 590 residential dwelling units. Recreational facilities including golf course, clubhouse, maintenance facility, caddie quarters, and guest suites were approved in conjunction with the residential use. The Cocohatchee Bay PUD Rezone Amendment proposes 590 multifamily residential dwelling units to be located on the west side of Vanderbilt Drive, and 62 single family dwelling units on the east side of Vanderbilt Drive. The associated common recreation amenities are considered passive incidental to residential, and are not included in the trip generation analysis. The project provides a highest and best use scenario with respect to the project's proposed trip generation. The development program is illustrated in Table 1. Table 1 PUD Programs PUD Land Use ITE Land Use Total Size Build-Out Planning Code Year Horizon Year Currently Residential 230 590 du N/A N/A Approved Multi-Family Golf Course 430 18 holes N/A N/A Proposed PUD Residential 230 590 du 2019 2019 Rezone Multi-Family Residential 210 62 du 2019 2019 Single-Family Upon approval, accesses to the subject site are proposed as follows: one full movement access on southbound Vanderbilt Drive and one full movement access on westbound Wiggins Pass Road. Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, in accordance with the current Collier County policy. The software program Otiss — Online Traffic Impact Study Software (Version 3.0.0.137) was used to create the raw unadjusted trip generation for the project. The ITE equations were used for the trip generation calculations. Trebilcock Consulting Solutions,PA I 5 9 Cocohatchee Bay PUD—Rezone T1S—July 2014 Per ITE recommendations and Collier County TIS guidelines, no reductions for internal capture or pass-by trips have been taken into consideration. The new proposed PUD Rezone project trip generation is illustrated in Table 2A. The currently approved golf course is considered passive incidental to residential and it is not included in the trip generation analysis under existing approved conditions, see Table 2B. The net new proposed trip generation illustrated in Table 2C shows total proposed conditions versus existing approved (the difference between Table 2A and Table 2B). The ITE — Otiss trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations. Table 2A Trip Generation (Proposed Conditions)—Average Weekday 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Land Use Size Enter Exit Total Enter Exit Total Residential 590 du 3,013 36 178 214 173 85 258 Multi-Family Residential 62 du 677 13 40 53 43 25 68 Single-Family Proposed PUD 3,690 49 218 267 216 110 326 Table 2B Trip Generation (Existing Approved)—Average Weekday 24 Hour Two- AM Peak Hour PM Peak Hour Way Volume Land Use Size Enter Exit Total Enter Exit Total Residential 590 du 3,013 36 178 214 173 85 258 Multi-Family Table 2C Trip Generation (Net New Proposed)—Average Weekday 24 Hour Two- AM Peak Hour PM Peak Hour Way Volume Land Use Enter Exit Total Enter Exit Total Proposed Conditions 3,690 49 218 267 216 110 326 Approved Conditions 3,013 36 178 214 173 85 258 PUD Net New 677 13 40 53 43 25 68 Trebilcock Consulting Solutions,PA 16 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A As compared to the approved traffic conditions (Table 2A), the net new proposed trip generation shown in Table 2C reveals an increase in traffic volumes as follows: two-way daily— 22%; AM peak hour— 25%; and PM peak hour— 26%. The roadway link concurrency analysis on the surrounding roadway network will be analyzed based on the net new trips generated as a result of the proposed PUD rezone (refer to Table 2C). The Table 2A trip generation values (project proposed conditions) are to be used for the site access analysis. Trip Distribution and Assignment The traffic generated by the PUD development was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. The assignment of the net new proposed site-generated trip distribution is shown on the next page in Table 3, Project Traffic Distribution for AM - PM Peak Hour and is graphically depicted in Fig. 2 — Project Distribution By Percentage and By PM Peak Hr. Table 3 Project Traffic Distribution for AM - PM Peak Hour CC AM Peak Hr PM Peak Hr Project Roadway Link AUIR Roadway Link Distribution of Project Traffic Vol. Traffic Vol. Link Location Project Traffic ID# Enter Exit Enter Exit Tamiami Trail North of o North (US 41) 98.0 Wiggins Pass Rd. 20% SB-3 NB-8 SB-9 NB-5 Tamiami Trail 99 0 South of 20% NB-3 SB-8 NB-9 SB-5 North (US 41) Wiggins Pass Rd. Vanderbilt Dr. 114.0 North of Project 30% SB-4 NB-12 SB-13 NB-8 —Access 2 South of Project Vanderbilt Dr. 114.0 to Wiggins Pass 50% NB-7 SB-20 NB-22 SB- 13 Rd. Vanderbilt Dr. 115.0 South of 30% NB-4 SB-12 NB-13 SB-8 Wiggins Pass Rd. Wiggins Pass West of Project WB -25%/5%* WB - 5 WB- 12 Rd. 117.0 —Access 1 EB-5%/25%* EB- 11 EB-8 Wiggins Pass East of Project— Rd. 117.0 Access 1 40% WB-5 EB-16 WB - 17 EB- 10 Note(s): *WB—Enter 25%/Exit 5%; EB—Enter 5%/Exit 25%. Trebilcock Consulting Solutions,PA I 7 9 Cocohatchee Bay PUD—Rezone TIS—July 2014 Fig. 2— Project Distribution By Percentage and By AM - PM Peak Hour OS • A'-ES'1 * • are s• r A r • ■ ENTER 254, " • R* - PROJI CI TRIP • • . 1 _TE, nER s DISTRWDUBOK MAP BY • PTRCTNTAGF •• .W ='17_59 , iN a•r M- It A NCI-.!l t, FM SEM ;N8- A I FM 38.13 NS= 8 PM SB- 9 T:B= • • • # , • • # L' r * • i m 5 EB_ t. >!k • * PM WE17 EB<f0 _4\ V.M EB. 8 NB= . . AM Y4 5.E�11 • •• PM r7B-12.E8= 3 • •A� -- PROJI CI IHIP a r • - - DISTRIBUTION MAP DY1 • :y AM PM PI{HR N Trebilcock Consulting Solutions,PA 1 8 Cocohotchee Bay PUD—Rezone TIS—July 2014 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual traffic counts (estimated from 2008 thru 2012), whichever is greater. Another way to derive the background traffic is to use the 2013 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project, illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the future year - 2022. Table 4 Background Traffic without Project (2013 - 2022) 2013 AUIR Projected 2022 Projected CC Pk Hr, Pk Dir Traffic Pk Hr, Peak Dir Roadway AUIR Roadway Link Background Annual Growth Trip Background Link Link ID Location Traffic Growth Factor Bank Traffic Volume Volume Rate w/out Project (trips/hr) (%/yr) (trips/hr) US 41 98.0 North of Wiggins 1,870 2.0% 1.1951 97 2,235 Pass Rd. US 41 99.0 South of Wiggins 2,540 2.0% 1.1951 353 3,036 Pass Rd. Vanderbilt 114.0 North of Project— 380 2.0% 1.1951 158 538 Dr. Access 2 Vanderbilt South of Project Dr. 114.0 to Wiggins Pass 380 2.0% 1.1951 158 538 Rd. Vanderbilt 115.0 South of Wiggins 380 2.0% 1.1951 58 455 Dr. Pass Rd. Wiggins 117.0 West of Project— 360 2.0% 1.1951 133 493 Pass Rd. Access 1 Wiggins 117.0 East of Project— 360 2.0% 1.1951 133 493 Pass Rd. Access 1 Note(s): Growth Rate=from 2008 to 2012 traffic count data,or 2%,whichever is greater. Growth Factor= (1+Annual Growth Rate)^9. 2022 Projected Volume=2013 AUIR Volume*Growth Factor,or 2013 AUIR +AUIR Trip Bank,whichever is greater. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2013 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under Trebilcock Consulting Solutions,PA I 9 9 A Cocohatchee Bay PUD—Rezone TIS—July 2014 construction or are scheduled to be constructed within the 5-year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. As no such improvements were identified in the Collier County 2013 AUIR; the evaluated roadways are anticipated to remain as such through project build-out. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions Exist Peak Dir, Future CC AUIR Roadway Link Exist Min. Peak Hr Project Roadway Link Link ID# Location Roadway Standard rd Capacity Build out Volume Roadway Tamiami Trail 98 0 North of 6D E 3,100 (N) 6D North (US 41) Wiggins Pass Rd. Tamiami Trail South of North (US 41) 99.0* Wiggins Pass Rd. 6D 3,100 (N) 6D E North of Project Vanderbilt Dr. 114.0 —Access 2 2U D 1,000(N) 2U South of Project Vanderbilt Dr. 114.0 to Wiggins Pass 2U D 1,000(N) 2U Rd. Vanderbilt Dr. 115.0 South of 2U D 1,000(N) 2U Wiggins Pass Rd. Wiggins Pass West of Project Rd. 117.0 —Access 1 2U D 1,000(E) 2U Wiggins Pass East of Project— Rd. 117.0 Access 1 2U D 1,000(E) 2U Note(s): 2U=2-lane undivided roadway;4D,6D,8D=4-lane,6-lane,8-lane divided roadway, respectively; LOS= Level of Service. *Per Collier County 2013 AUIR—year expected deficient—2017. Project Impacts to Area Roadway Network - Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project which were evaluated to determine the protect impacts to the area roadway network in the future (year 2022). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accesses by the project; 3% for Trebilcock Consulting Solutions,PA 110 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A other subsequent links and if the roadway is projected to operate below the adopted LOS standard. None of the analyzed links are projected to operate below the adopted level of service standard with, or without the project. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. Table 6, Roadway Link Level of Service, as shown on the next page, illustrates the LOS impacts of the project on the roadway network closest to the project. Based on the information contained within Table 6, the project's impacts are marginally significant on Vanderbilt Drive, south of project to Wiggins Pass Road (site-generated traffic volumes greater than 2% of the peak hour, peak direction 2013 AUIR traffic service volumes). Projected site-generated traffic volumes on other segments of the study network are not significant. Table 6 Roadway Link Level of Service (LOS)—With Project in the Year 2022 CC 2013 Peak Roadway 2022 Volume Min LOS Min LOS Dir,Peak Link, Peak Peak Dir, exceeded exceeded Roadway AUIR Roadway Link �Hr Dir,,Peak Peak Hr Capacity without with Link Link Location Impact ID# Capacity Hr(Project Volume Project? Project? Volume Vol Added) w/Project By Yes/No Yes/No Project Tamiami North of Trail North 98.0 Wiggins Pass Rd. 3,100(N) 8 2,243 0.3% No No (US 41) Tamiami South of Trail North 99.0 Wiggins Pass Rd. 3,100 (N) 9 3,045 0.3% No No (US 41) Vanderbilt 114.0 North of Project 1,000(N) 12 550 1.2% No No Dr. —Access 2 Vanderbilt South of Project Dr. 114.0 to Wiggins Pass 1,000(N) 22 560 2.2%* No No Rd. Vanderbilt 115.0 South of 1,000 (N) 13 468 1.3% No No Dr. Wiggins Pass Rd. Wiggins 117.0 West of Project 1,000(E) 11 504 1.1% No No Pass Rd. —Access 1 Wiggins 117.0 East of Project— 1,000 (E) 16 509 1.6% No No Pass Rd. Access 1 Note(s): *Roadway link projected to have generated trip volumes greater than 2%2013 AUIR service volume. Trebilcock Consulting Solutions, PA 111 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Site Access Analyses Upon approval, accesses to the subject site are proposed as follows: Access #1 - full movement connection onto westbound Wiggins Pass Road; and Access #2 - full movement access into southbound Vanderbilt Drive. For more details refer to Appendix B: PUD Project Master Site Plan. • Vanderbilt Drive (CR 901) is a two-lane north-south urban undivided collector under Collier County jurisdiction and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Index 301, the minimum turn lane length is 185ft (which includes a 50ft taper) plus required queue. • Wiggins Pass Road (CR 888) is a two-lane west-east urban undivided collector under Collier County jurisdiction and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Index 301, the minimum turn lane length is 185ft (which includes a 50ft taper) plus required queue. Project accesses were evaluated for turn-lane warrants based on Collier County Right- of-way Ordinance #2003-37: (a) two-lane roadways - 40 vph for right-turn lane/20 vph for left turn lane; and (b) multi-lane divided roadways - turn lanes shall always be provided. Turn lane lengths required at build-out conditions were analyzed based on the number of turning vehicles in an average one-minute period - right turns, and two-minute period - left turns, within the peak hour traffic. The minimum queue length is 25ft and the queue/vehicle is 25ft. For details, refer to Appendix D: Turning Movements Exhibits. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of Site Development Plan (SDP) / Construction Plans and Plat (PPL) applications, as applicable. • Wiggins Pass Road (CR 888) - Project Access 1 - Right Turn-•Westbound Approach The project is expected to generate 7 and 32 vph right turns during the AM and PM peak hour respectively. As such, a westbound right-turn lane is not warranted for this access. Trebilcock Consulting Solutions,PA 112 Cocohatchee Bay PUD—Rezone TIS—July 2014 - 9 A — Left Turn— Eastbound Approach The project is expected to generate 3 and 11 vph left turns during the AM and PM peak hour respectively. As such, an eastbound left-turn lane is not warranted for this access. • Vanderbilt Drive (CR 901)—Project Access 2 — Right Turn —Southbound Approach The project is expected to generate 14 and 65 vph southbound right-turns during the AM and PM peak hour respectively. As such, a southbound right-turn lane is warranted at this location. At minimum, the right turn lane should be 235ft long (to include 185ft deceleration and a minimum of 50ft of storage). — Left Turn — Northbound Approach The project is expected to generate 25 and 108 vph northbound left-turns during the AM and PM peak hour respectively. As such, a northbound left-turn lane is warranted at this location. At minimum, the left-turn lane should be 285ft long (to include 185ft deceleration and a minimum of 100ft of storage). Improvement Analysis Based on the link analysis and trip distribution, the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting adjacent roadway network level of service. Based on site access analyses, turn lanes are warranted at project Access #1, located on southbound Vanderbilt Drive. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of Site Development Plan (SDP) / Construction Plans and Plat (PPL) applications, as applicable. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, and the appropriate turn lanes will be constructed at the project access points, as applicable. Trebilcock Consulting Solutions,PA 113 9A Cocohatchee Bay PUD—Rezone TIS—July 2014 Appendix A: Initial Meeting Checklist (Methodology Meeting) (6 Sheets) Trebilcock Consulting Solutions,PA r; e 114 Cocohatchee Bay PUD-Rezone TIS-July 2014 9 'r INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply,or N/A(not applicable). Date: \lav 23.2014 Time: N/A Location:N/A- Via Email People Attending: Name,Organization.and Telephone Numbers I) John Podczcrwinskv.CC Growth Memt Div 2) Reed Jarvi.CC Growth Mgntt Div 3) Norman Trebilcock,TCS 4) C'iprian Malacscu.TCS Study Preparer: Preparer's Name and Title:Norman Trebilcock.AICP,PE Organization:Trebilcock Consulting Solutions.PA Address& Telephone Number: 1205 Piper Boulevard, Suite 202. Naples. 11 1 341 10: ph 239-566-9551 Revlewer(sl;: Reviewer's Name&Title:John Podczerwinsky,Project Manager Collier County Transportation Planning Department Organization&Telephone Number:239-252-5890 Applicant: Applicant's Name:Lodge Abbott Associates.LI.0 Address:3400 East Lafayette Street;Detroit.MI 48207 Telephone Number:313-567-5759 Proposed Development: Name:Cocohatchee Bay-PLID-Rezone Location: Both sides of Vanderbilt Drive at Wiggins Pass Road in Collier County prefer to Fie.l). Land Use Type:Residential iTE Code _. 230 - Residential Condominium/Townhouse; 210 - Single Family Detached Housing. Description: PI'D approved conditions -- 590 multifamily located on the west side of Vanderbilt Dr.; PUD rezone amendment to obtain decclopment approval for addition of 62 single family residential dwelling units located on the east side of Vanderbilt Dr. Page 1 of 6 Trebilcock Consulting Solutions,PA P a g 115 Cocohatchee Bay PUD-Rezone TIS-July 2014 9 l .I Project Location N1sp • t4 ti • • .� s r �•• tut∎mAI eNtr • :ft AY 1•111.1 • ton1 n Existing:Cocohatchee Bay PC1)-CC Ord. 0048 approved land uses Comprehensive plan recommendation:No change Requested:proposed development approval Findings of the Preliminary Study: Study type : Since projected net new project traffic is below lot) peak hour trips, this study qualifies for a Minor TIS -- no significant operational impacts with minimal roadway impacts and work within the county right-of-way.the TIS‘N ill include .1\l-I'\1 peak hour trip generation,traffic distribution and assignments.significance test,roadway link analysis and site access points turn lane analysis. Study Type: (if not net increase,operational study) Small Scale 11S ❑ Minor 11S Major TIS ❑ Page 2 of 6 Trebilcock Consulting Solutions,PA 16 Cocohatchee Bay PUD—Rezone TIS—July 2014 9A �. Study Area: Boundaries:East-'1'amiami'('rail(US 41),South- Wiggins Pass Rd.(CR 888).Central Vanderbilt Dr. Additional intersections to be analyzed:NA Build Out fear:2019 Planning l lorizon Year:2019 Analysis Time Period(s): AM-PM Future Oft=Site Developments: N. Source of Trip Generation Rates:Fry,9`s Edition Reductions in Trip Generation Rates: None:N A Pass-by trips:La Internal trips(PI TI)):NA Transit use:N A Other:N A Horizon Year Roadway Network Improvements:2019 Methodology&Assumptions: Non-site traffic estimates:Collier County traffic counts and or 2013 AITIR Site-trip generation:(hiss Software 1TE 9a'Edition Trip distribution method:Engineer's Estimate -refer to Fie.2.on next page Traffic assignment method:project trip generation with background growth Traffic growth rate:historical growth rate or 2°o minimum Project Turning Movements: Engineer's Estimate refer to Fie.3.on next nage Page 3(>1'6 Trebilcock Consulting Solutions,PA =- l 17 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Fig.2—Project"Trip Distribution by Percentage ti • e • uI. • • \ • • PROM fl INN' PRINIINI DON MAY NY •� . IF NI.110141.1 w 1 N Fig.3—Project.1ccess Points—Turning Movements by Percentage ati • e • • • PROJi CI HORNING • ••#• -4- -} MOVI Mt 1415 MAP NY • • -- Pt N4 N 1141,1 • • • • N • • • • • • Page 4 of 6 Trebilcock Consulting Solutions,PA 18 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A s=,,„ Special Features:(from preliminary study or prior experience) Accidents locations:NI•A Sight distance:NIA Queuing:N/A Access location&configuration:LILA Traffic control:MUTCD Signal system location&progression needs:NiA On-site parking needs:Per CC IDC Data Sources:JTE Trip Generation 9"'Edition:CC 2013AUIR:CC Traffic Counts Base maps:N_•A Prior study reports:V_A Access policy and jurisdiction:zLii Review process: N_1 Requirements: N_1 Miscellaneous: :1 Small Scale Study No Fee Minor Study-$750.00 x Major Study-S1500.00 Includes 2 intersections Additional Intersections-S500.00 each .411 fees will be agreed to during the Methodology meeting and must he paid to Transportation prior to our sign-off on the application. SIGNATURES Norma Trebacocie Study Preparer Norman 1Yrhilrock Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions,PA 119 Cocohatchee Bay PUD—Rezone TIS—July 2014 it Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review. and Sufficiency Reviews. Fees for additional meetings or other optional services arc also provided below. Methodolony Review-$500 Fee Methodology Review includes review of a submitted methodology statement,including review of submitted trip generation estimate(s), distribution, assignment and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement. and written confirmation of a re-submitted, amended methodology statement. and one meeting in Collier County.if needed. "Small Scale Study"Review-No Additional Fee(Includes one sufficiency review) Upon approval of the methodology review. the applicant may submit the study. The review includes: a concuaency determination, site access inspection and confirmation of the study compliance with trip generation.distribution and maximum threshold compliance. "Minor Study Review"-$750 Fee(Includes one sufficiency review) Review of the submitted traffic analysis includes:optional field visit to site,confirmation of trip generation, distribution,and assignment.concurrency determination.confirmation of committed improvements, review of traffic volume data collected'assembled, review of off-site improvements within the right-of-way.review of site access and circulation,and preparation and review of"sufficiency"comments questions. "Maier Study Review"-$1.500 Fee(Includes two intersection analysis and two sufficiency reviews) Review of the submitted traffic analysis includes: field visit to site. confirmation of trip generation, special trip generation andror trip length study. distribution and assignment. concurrency determination,confirmation of committed improvements.review of traffic volume data collected'assembled,review of traffic growth analysis.review of off-site roadway operations and capacity analysis,review of site access and circulation,neighborhood traffic intrusion issues. any necessary improvement proposals and associated cost estimates.and preparation and review of up to two rounds of"sufficiency" comments'questions and or recommended conditions of approval. "Additional intersection Review"-$500 Fee The review of additional intersections shall include the same parameters as outlined in the"Major Study Review"and shall apply to each intersection above the first two intersections included in the"Major Study Review" "Additional Sufficiency Reviews"-SS00 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Pug,6 of 6 Trebilcock Consulting Solutions,PA 20 Cocohatchee Bay PUD—Rezone TIS—July 2014 9A Appendix B: PUD Project Master Site Plan (1 Sheet) Trebilcock Consulting Solutions,PA 121 9 .f.,. iol Cocohotchee Bay PUD—Rezone TIS—July 2014 LI o"z 0 N_f <— ZwN 0< Qxw w.7.13 dy0 W m N W �`a JUi wZ uo0 =rQ u. Z� NI— 00 w ova',VVi- LL3Z zm Ui 6:1'2 m U= O p x W O U Q f 0 y\ 11 > o W 6VZ O;M F' wm Z20 zV0 <0° _ Q,,, F��a <:-fl..; u'J f� _ �_ 1N Q 0 U V = �N H z....:_ cv ri . . oae aac Z W W • u _ �^ U < U ... ._... Z M-4 W W W W f- • Z WO 2U at, �� U -`=� �.- W Q¢ N w w .J w W OQ(' Nn Nn :J QOC S � O � �1 �° owed a < I `, 1 DIY r,., le I . - - , - .:71 1 • 1 l r ' ^ , V 1 __ r r ^-,VV`.:� ' / i i t =� . r r � . t • :+.. 1. L / ui Trebilcock Consulting Solutions,PA 1 22 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Appendix C: Trip Generation Calculations (1 Sheet) Trebilcock Consulting Solutions,PA 123 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Project Name: .• --I'It •-•-•,,-I.-ii.I-•:1' -;•.■ : -1 No: Date: City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Daily AM Pk Hr PM Pk Hr Land Use Size Entry Exit Entry Exit Entry Exit 230-Residential . .„„_ .. ,,,. •-. ..... Condominium/Townhouse '' , , : •' . • ;-.I 1 ,I. . Total .,. _ 1'-,■• -, ._ : . Total Reduction Total Internal . : . , Total Pass-by ' ,: • : • Total Non-pass-by / . Project Name, Date: City: State/Province: Zip/Postal Code: Country. Client Name: Analyst's Name: Edition: ..: Daily AM Pk Hr PM Pk Hr Land Use Size Entry Exit Entry Exit Entry Exit 230-Residential . . ,. . . • . .. . Condominium/Townhouse ' . . 210-Single-Family . , --. Detached Housing ' . . Total • ...; Total Reduction Total Internal Total Pass-by Total Non-pass-by 1-..i. •-.:; / . Trebilcock Consulting Solutions,PA 1 24 Cocohatchee Bay PUD—Rezone TIS—July 2014 9 A Appendix D: Turning Movement Exhibit (2 Sheets) Trebilcock Consulting Solutions,PA 125 9p1 Cocohatchee Bay PUD—Rezone TIS—July 2014 • -, .. - --. • (.1,...!,,,, ,,. *-• ..-. ,_:•7..- :--„-4 -.,,,.. 7i :.: [30% 30% •O• , •i•ip•No- PROJEC T • .. II ■-.'P',..,JE.:T ' R.!:i:ESS 1 • (-' .ACCESS 2. 20% ••••••10... • ii • 5 0% "% 1 .•• , 4 e PROJECT TURNING II a••• :: Ii., ail MOVEMENTS MAP BY :- - • • PERCENTAGE • • - 5% 1.y.s. I '•:,.. * • -. a a • OTT' (D • i 4 • • 2. , • • • • 110% 1 PRE4::1_NEI 1•11111111.•••11 r'''') Ol■I 10% IL:tifrEll:)tit.ID. * ----- Oeinor-WiggillS PiaSS State Park :--,'•',-,.;'"-., i, ..... I ...., 17t -,-/.. kJ.,■ 'i..3 4 . ....., , 4- N Trebilcock Consulting Solutions,PA I 26 Cocohatchee Bay PUD-Rezone TIS-July 2014 9 A _..... . , & „...., .... . ft,.. , z AM-65 AM-14 e alA - PM-33 ;g .PM-65 El Far,“c„,;Heirmalli Sea•Ill•11111112.1111 *ROJECT •es ' co d CESS i, :',,,-.p-ve RoJE,-..T ..„..„-- .a.P.41- 25 ••• cf‘o' IIP Mv 1 rig M' -10 ' Air,k1- 7 55 -.---/ ' PM-321 ■ , PROJECT TURNING , 1111111111111111 OP MOVEMENTS MAP BY -: .1- AM- - - AM-PM PK HR PM-i1 AM-1 1 ..MA-33 eV PM- 5 PM-17 .L. a '10 •F. . • WTI ... 4w I N ..., • . . ,... . • 4, . -.:... z • . _ • • 25 - FFE7.71FirTi So g g••1111111111 ;•.i7), — 65 11)1.1Teci ut,ID I • ./.WigginS mass State Park ,_ ::.;,,f:41.44,,' 4tolooto , , '411". „400,- -..-. i i S :.: tr 11'th,*.;:,N Liiii 5 In -.--I,A.• c.) -z, / . Trebilcock Consulting Solutions,PA I 27 9A Collier County School District (trict SChoof� School Impact Analysis Application 4)i" ` Instructions: Submit one copy of completed application and location map for each new 47 residential project requiring a determination of school impact to the Planning Department of the applicable local government.This application will not be deemed complete until all ('y Q+ applicable submittal requirements have been submitted. Please be advised that additional K.. documentation/information may be requested during the review process. J For information regarding this application process, please contact the Facilities Management %C'4 Department at 239-377-0267. Collier Cous. Please check [J]type of application request (one only): [X]School Capacity Review [ ]Exemption Letter [ ]Concurrency Determination [ I Concurrency Determination Amendment For descriptions of the types of review please see page 3. I. Project Information: Project Name: Cocohatchee Bay MPUD Municipality: Collier County Parcel ID#: (attach separate sheet for multiple parcels):Please see attached Property ID numbers list Location/Address of subject property:Vanderbilt Drive and Wiggins Pass Road (Attach location map) Closest Major Intersection: Vanderbilt Drive and Wiggins Pass Road II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Lodge/Abbott Associates LLC Agent/Contact Person:Richard C. Grant (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Grant Fridkin Pearson, P.A., 5551 Ridowood Drive, Suite 501, Naples, Florida 34108 Telephone#: 239.514-1000 Fax:239.514-0377 Email rorant a(�gfpac.com • I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Date Owner or Authorized Agent Signature III. Development Information Project Data(Unit Types defined on page 2 of application) Current Land Use Designation: Urban Residential Proposed Land Use Designation: Urban Residential Current Zoning: PUD by Settlement Agreement and Proposed Zoning: MPUD RSF-31ST Project Acreage: ' ' " Total Units Currently Allowed by Type: 590 Highrise Total Units Proposed by Type: 280 590 Highrise Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: . • 9A . . N • . . _ , O . . ,„ • .... Ig . o H 13 '13 • 2 C7 U O O N N O O ii N N I— r-. . . i u) c r. .-. 0 4) O • O Jo r-. Q i. I a. 5 1 N ti w i i i Q.. ..c ,-, i 1 o r- . . Q H I I 1 C • U• VD Q i i I i2 Q am. ' 1.4 . 1 13 tr h O N >•' N d3 , I r•, M VS N o y y ›" N O N la o >, E >„' N N li -a a —4„ vlOQQQv1 U 6 Y •H `n a II UU �'i o w x 0 e a w x u u a* w w o � c L) � c U0 wv) UC7F+ • 9A Types of Reviews: School Impact Analysis: • This review should be divided into-two categories: - School Capacity Review(land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. . Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact(Chapter 380, F.S.).as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. 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L, •.- rI." , I g 1 -j CS--- 1-■-. .1 rid Et BE 9 ti.0=01.5.4 aOt 1.kCiL.Aid*Sena+.02%0101 dlix&t,915,..)ZvvteOespabAdibto 0 9 A .deisf 2244\ ORDINANCE NO.2000- 88 COI AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S,8516N,8517N,8520N,AND 8520S;BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 (3), A(ST), RMF-6 (ST)(3),RMF-6(3), RMF-12(ST)(3), RMF-12 (3), RSF-3 (ST)(3), RSF-4 ; (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD(C.R.888)AND VANDERBILT DRIVE (C.R. 901) IN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc. of Naples,representing'Vanderbilt Partners II, LDT.,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: = • SECTION ONE: t The zoning classification of the herein described real property.located in Sections 8, 16, 17 and 20,Township 48 South,Range 25 East,Collier County,Florida,is changed from RSF-3 (3),A(ST),RMF-6(ST)(3),RMF-6(3),RMF-12(ST)(3),RMF-12(3),RSF-3(ST)(3),RSF-4 (3), and RSF-4,to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S,8516N,8517N,8520N,and 8520S,as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- 9 A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this /, ,day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLO' DA 4,t • , ATTEST:.- / BY - JAMES D.CARTER,PhD.,CHAIRMAN D Gift E.BROCK,Clerk • Attest as to Chalrean's This ordinance filed with the signature only. Secretary of St te's Office the ,C day of , z Approved as to Form and acknowledgement of that a n d Legal Sufficiency filinQ�Aceived t h i s 10Y /t k�- of , By ovuty cud, Marjo • M.Student Assistant County Attorney g/admin/PUD-99-28/RN/im I i i I I 1 f I 1 1 I -2- 9A COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II,LTD PREPARED BY: PMS,INC.OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES,FL.34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC /2/l0 ORDINANCE NUMBER Z `-A/- AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 EXHIBIT"A" 9A INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course/Open Space 4.1 SECTION V Preserve District 5.1 SECTION VI General Development Commitments 6.1 I LIST OF EXHIBITS AND TABLES 9A EXHIBIT"A" Planned Unit Development Master Plan EXHIBIT"B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards 11 E S 9 A TAT MENT OF COM PLIANCE The development of approximately 532.09±acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate.The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi-family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 - 11.19 acres RSF-3st 33.57 units Parcel 5 - 161.63 acres RSF-4 = 646.52 units Parcel 6- 13.15 acres RSF-4(3) = 39.45 units Parcel 7 - 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 338 units Parcel 10 80.65 acres RMF-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres — 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09 ±acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. m 9A 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities,of the Collier County Land Development Code (LDC). IV SECTION I 9 A PROPERTY OWNERSHIP& GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24140"W. (SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87,PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218,PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE,FOR 776.71 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87,PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218,PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68,PAGE 235,THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87,PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN N.29°11'40"W.,ALONG SAID BOUNDARY LINE,FOR 300 FEET; THENCE RUN N.3°00'00"W.,ALONG SAID AGREED BOUNDARY LINE,FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W.ALONG SAID AGREED BOUNDARY LINE,FOR 1397.99 FEET(SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS);THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE,FOR 944.72 FEET;THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3,SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00'00'E.,FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'201E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3,THENCE RUN S.00°23'10"E.,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET,TO THE POINT OF BEGINNING.PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 9A PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET)OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A(VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 1 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17,FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68,PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN N.01°30'051E.,ALONG SAID AGREED BOUNDARY LINE,FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET,IN O.R.BOOK 68,PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS);THENCE RUN N.30°00'00"E.,ALONG SAID AGREED BOUNDARY LINE,FOR 800 FEET;THENCE RUN N.05°00'00"W.,ALONG SAID AGREED BOUNDARY LINE,FOR 1480 FEET; THENCE RUN N.29°11'40"W.,ALONG SAID AGREED BOUNDARY LINE,FOR 1957.41 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17;THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E.IN THE OFFICIAL RECORDS),ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17;THENCE RUN S.0°27'30'E.,ALONG THE EAST LINE OF SAID SECTION 17,FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER;THENCE RUN S.0°26'00"E.(SHOWN IN ERROR AS S.0°26'00"W.IN THE OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST '/ 1.2 9A OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,RUN S.89°53'18"W. FOR 50 FEET,TO THE POINT OF BEGINNING;THENCE RUN S.89°53'18"W.,FOR 186.65 FEET,TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN S.41°11'03"W.FOR 133.10 FEET,ALONG SAID BULKHEAD LINE;THENCE RUN S.0°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'18'E., FOR 275.72 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W.,FOR 220 FEET,TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E.,FOR 560.24 FEET,ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17,TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN N.0°26'00"W.,FOR 100 FEET, ALONG SAID BULKHEAD LINE;THENCE RUN S.89°40'55"W.,FOR 560.23 FEET,ALONG SAID BULKHEAD LINE,TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E.,FOR 100.00 FEET,TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA, RUN N.89°52'20"W.,ALONG THE SOUTH LINE OF SAID SECTION 20,FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W.,FOR 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.BOOK 68,PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE,FOR 69.60 FEET; THENCE RUN N.02°59'30"W.ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET(SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68,PAGE 235); THENCE RUN N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET,TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E.,ALONG SAID NORTH LINE FOR 2839.52 FEET,TO THE NORTHEAST CORNER OF SAID SECTION 20;THENCE RUN S.02°12'00"E., ALONG THE 1.3 9A EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-846(ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. l ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 1300K 10, At PAGE 44,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION;THENCE N.89°52'20"W.ALONG THE SOUTHERLY LINE OF SAID LOT 4,A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4,THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 1608.90 FEET;THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE,A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00'1E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE S.02°12'00"B.A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1,BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00'E.A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT l;THENCE S.02°12'00"E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1,THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 88.56 ACRES, MORE OR LESS(BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 1 9A A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20;THENCE N.02°12'00"W.,ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W.,A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3,WIGGINS PASS LANDINGS,UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3,OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT,A DISTANCE OF 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68,AT PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE,A DISTANCE OF 69.60 FEET; THENCE N.05°9'30"W.,ALONG SAID AGREED BOUNDARY LINE,A DISTANCE OF 1417.66 FEET;THENCE N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET;THENCE N.87°48'00 1E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'251E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 100 ACRES,MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park,on the East by Tarpon Cove PUD and Wiggins Bay PUD,on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF-3 (3), RSF-3ST(3), RSF-4, RSF-4 (3), RMF-12ST(3), RMF-12(3), RMF-6 ST(3), RMF-6(3), and A-ST. 1.5 9A 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6 . Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to 11' foot elevation category. The site lies within Flood Zone AE (EL 11')and AE(EL 12')according to Firm Maps 120067-0191D,0187D, and 189D,dated June 3, 1986. D. Soil types within the Project include Kai fine sand(approximately 50%), Cypress Swamp (approximately 48%)and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County,Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. Vi 1.6 PROJECT DESCRIPTION The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course,clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the"COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." 1.6 9A SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan,Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified,waived or excepted by this PUD, the provisions of the LDC, where applicable,remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities,of the LDC at the earliest or next to occur of either final SDP approval,final plat approval, or building permit issuance applicable to this Development. 2.1 9A 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit"A,"the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities,golf course layout,roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY olow USE MAX. D.U.'s/Square Footage ACRES Residential"RI" 480 44.00 +/- Residential"R2" 90 9.70 +/- Golf Course"GC" 20 170.39+/- Open Space N/A 308.00 +/- (Preserve,Lakes and Landscape Buffers) Total 590 Total 532.09+/-acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat,and/or Condominium Plat for all or part of the PUD,final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. Exhibit"A,"the PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat,if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 9 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility,road,public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions,viewing platforms,gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the requirements of Section 2.6.33.4. of the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in said Section 2.6.33.4. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s),or condominium association(s),whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance,and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD,together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 9A 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning,design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code,Section 2.2.20.2.3. The Applicant has not set"stages"for the development of the property. Since the property is to be developed over an estimated ten (10)year time period,any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may,of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Community and neighborhood parks,recreational facilities,community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including,but not limited to, landscape buffers, berms,fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 9 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road-Fifteen feet(15') except for guardhouses, gatehouses,and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half(1/2) the height of the structure, minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures•Ten feet(10'). 5. Minimum floor area-None required. 6. Minimum lot or parcel area -None required. 7. Sidewalks, bikepaths,and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking,landscaping, signs and other land uses where such standards are not specified herein,are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 483 acres included in the Recreation, Golf Course, Landscape/Open Space,Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 9A 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet(35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. 2.6 9 A F. SECTION III RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the PUD Master Plan as "R1"and "R2" 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09+1-acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as"R I"and "R2"on the PUD Master Plan are designed to accommodate high-rise residential dwelling unit types, multi-family dwellings, adult living facilities, compatible nonresidential uses, a full range of recreational facilities,essential services, and customary accessory uses. The approximate acreages are indicated on the PUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively,of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways,open spaces,parks and amenity areas,lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Multiple-family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the"R I" and "R2" Districts. 3.1 9A B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as,but not limited to,clubhouse, fitness center,health spa, tennis courts,swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the"RI"and"R2"Districts. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the"R"Residential Districts. B. Standards for parking,landscaping,signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated,required yards,heights, and floor area standards apply to principal structures. C. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet(10')in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. D. In the event the Developer builds the multiple family housing placed in the area between Tarpon Cove and Falling Waters,a minimum of 30 percent of the multiple family housing shall be offered to employees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 9A COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "R1" "R2" HIGH-RISE MULTI-FAMILY Multi-Family Dwellings Minimum Lot Area N/A 1 Acre Minimum Lot Width N/A N/A Front Yard-Internal Road •i 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard-Accessory Bldg. 0.5 BH not less 0.5 BH not less Including Parking Structure than 25 feet than 25 feet Front Yard-Vanderbilt Drive BH N/A Front Yard-Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg Height 20 stories for a maximum 35 height of 200 feet *2 Distance Between Principal Structures 0.5 SBH *3 0.5 BH not less than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF BE: (Building Height):Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. aS :(Sum of Building Height):Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2 Building height for the north property line adjacent to Arbor Trace in the"R l"tract shall be 15 stories for a maximum height of 150 feet. *3 Where buildings with a common architectural theme are angled,skewed or offset from one another,and walls are not parallel to one another,the setbacks can be administratively reduced. 3.3 9A SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas,golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES 1,4 No building or structure,or part thereof, shall be erected,altered or used,or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, caddie quarters,clubhouse,guest suites, including temporary golf clubhouses. 2. Project information and sales centers. 3. Community and golf course maintenance areas,maintenance buildings,essential services,irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants,utility pumping facilties and pump buildings,utility and maintenance staff offices. 4. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops,practice areas and ranges,golf cart barns,rest rooms, shelters,snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 9A 5. Shuffleboard courts, tennis courts, health spas, swimming pools,and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as,but not limited to, boardwalks,nature trails,bikeways, landscape nurseries,gazebos,boat and canoe docks, fishing piers, picnic areas,fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 43 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20')from Golf Course District boundaries and private roads, and twenty-five feet(25')from all PUD boundaries. B. Accessory structures shall be set back a minimum of ten feet(10')from Golf Course District boundaries and private roads, and twenty feet(20')from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures-2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures-Ten feet(10'). F. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise,applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein,are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.2 9A SECTION V PRESERVE"P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems,and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 53 USES PERMITTED No building or structure or part thereof,shall be erected altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Passive parks,passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart paths are permitted in the preserve areas outside the limits of the bald eagle primary zone. 4. Wildlife sanctuary. 5. Pathways and or bridges. 6. Recreational shelters, in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 9A 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code,as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures,fill placement, grading,plant alteration or removal,or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures-Twenty-five feet(25'). C. Minimum distance between principal structures -Ten feet(10'). D. Minimum distance between accessory structures -Five feet(5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated,required yards,heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code,Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code,said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s)or assigns,including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 9A SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes,and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer,his successor or assignee,shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition,any successor or assignee in title,is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit"A,"the PUD Master Plan,illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development Code,PUD amendments may be made from time to time. B. All necessary easements,dedications,or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas,jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 1 9A 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000,and are expected to be concluded in calendar year 2010. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 POLLING PLACES Pursuant to Section 2.6.30. of the Land Development Code,provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including,but not limited to,condominium associations,homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17. of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000') in length are required to have a minimum fifty foot (50')right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 9A 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed four percent (4%)under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS)and AASHTO criteria are met. 5. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road,and/or Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway,drainage,or utility facilities planned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway,drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. 6.3 9A : D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of-way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project(this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 9A H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right-of-way reservation. I. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the Project are to be designed,constructed,conveyed,and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities,the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 6.5 9A D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership,operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable,for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned,operated and maintained by the Developer, his assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable,for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.6 9A 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. I -1 C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance(exotic-free)plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current PIanning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS)and Florida Fish and Wildlife Conservation Commission (FFWCC)regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. F. Any amendment to the Bald Eagle Management Plan shall require review of the Environmental Advisory Council or any successor body. 6.10 ENGINEERING A. Detailed paving, grading,site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 9A C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like,may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.8 6.14 SIGNS 9 A 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. C. Should any of the signs be requested to be placed within the public rights-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. I 2. Entrance Signs A. Two (2)signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 3. Project Signs A. Project signs,designed to promote the Cocohatchee Bay Project,or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four(4)project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage, one (1) shall be located along the Livingston Road Extension frontage. and one (1) shall be located along the CR 888 frontage. 6.9 9A 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project siteare such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation"pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 are applicable. 6.10 \ 000 , 9A rvi a rcri ril o Iv' Q co N 0 12 r crl r) \\\\ :iii•':•�::':''• \ \�\ •..••• ••�•�•• •'iii•i•::.,\\ `\\•\\\\\\ \\• \\ •• ::.:• ••••::::•:• : :• ii: \\\\ ' •:::**: ' i•::: ••�•.• iii:::•':: '': ::: O 1.■---r•-••*--.('' 0 ° r �---- a •, ,for' 1.; : fl t Si v`l .... 1 4!4.. \ IA a 1 411?rili_ gi 4' il DC). II ID Y-� — o 1 1. •I 1 e: � D km EXHIBIT "A " COCOHATCHEE BAY OA - 08-29-00 PRWECT NO.: 80205 PUD MASTER PLAN D vArrASSE DAYLOR REV 1.1-w--00 �'` 1 iss�o x...s.tes.� saa ( ITTURE CONDTTION) �a SCALE' N.T.S. ACID NO. 80205-PUDA4 Tart ho...... n aaoor ,.. g -..... % tF, 4) 0 0 9 A to .... N 11 1 � o ° h'a N z 1) q o 4. z ,9 0 °c C. (1) \ 115 tt, 1 rii rn • ....::. .... .\\ \\� N. \\ \ �• • ________________t I , ; .::::::::::::::::::::::::::::::::::::::w 1 ta' Ai T ` �� • lc .. foi. __ _,, i, it, % °`, w. , *4.-'04041 . • r 1111 • I _� lii 4 4`—i • J 1 if i m EXHIBIT "B " COCOHATCHEE BAY DATE: 08-29-00 PROJECT NO.: 80205 PUD MASTER PLAN V I�� VANASSE&DAYLOR R£v: 11-06-00 UMW Now Srltta sx Blvd. WITH EAGLE ZONE OVERLAY r mot" •O° , n saaov SCALE: N.T.S. ACAL) NO. 80205-PUOMP Tors +M++ Bald Eagle Habitat Managem t Plclh COCOHATCHEE Sections 8, 16, 17, &20, Township 48 S, Range 25 E,Collier County. Turrell&Associates, Inc. August 2000 4.0 Bald Eagle (Haliaeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a smallfsawgrass marsh area and the bay forest/ mangrove swamp. The birds h ve an open view to the water over the tops of the mangroves to the +hest . Almost all of the established trees between the nest tree and Vanderbilt Drive have died, mostly due to a fire that occurred on the property several years ago so the birds also have a relatively unobstructed view of Vanderbilt Drive. Due to "" the condition of the tree, it is not expected that the eagles will continue to i use the nest more than a couple of more years at the most. It is more likely that a storm with heavy winds will either destroy the tree supporting the nest, or destroy the nest itself. It is not clear where the eagles will try to construct a new nest if this occurs. Specific observations were made during the past two nesting seasons to note flight patterns and feeding behavior around the nest. These observations showed that flights into and out of the nest were predominately to the south and south-west from the nest tree. Several other dead pines around the nest served as perches for the parents during the nesting season. An effort was made by the parent birds to construct a new nest adjacent to the existing marina early in the '99-'00 season, however, these efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet 9A Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, &20, Township 48 S, Range 25 E, Collier County. Turrell &Associates, Inc.August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non-nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available in the vicinity and how well the bird can see it, thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are vulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT (now banned), which reduced reproductive success by thinning eggshells, lead and mercury poisoning are on-going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle, an overview of how development on the project site will allow continued habitation is provided below. 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a tar greater area of preserve extends from the nest tree to the west, • keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. 2 9A Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, &20,Township 48 S, Range 25 E,Collier County. Turrell &Associates, Inc.August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial 4 development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipatedithat this will adversely affect the eagles because of the existing circumnces of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two years have shown that these snags are not utilized by the birds for roosting or perching. Also, flight paths into and out of the nesting area were in the opposite direction and not over the area proposed to be impacted. A screen of living vegetation will be planted between the golf course and the nest site to block views and sounds of the golfers from the nest. This action would result in a buffer of approximately 530 feet to the east of the nest. A buffer of 750' would be maintained to the south and north of the nest, and no impacts are proposed to the west between the tree and the Gulf of Mexico. To minimize disturbance during the important nesting period, a greater buffer zone of 1500' in radius will be established and maintained during site construction activities. No construction activities will take place within the 1500-foot zone during the nesting period which runs from October 1 through May 15. Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. 3 9A 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit , Collier County, Florida, do hereby . certify that the foregoing is a true copy of : ORDINANCE NO. 2000-88 Which was adopted by the Board of County Commissioners on the 12th day of December, 2000 , during Regular Session. WITNESS my hand and the official seal of the Board _:- , --, County Commissioners of Collier County, Florida, this 15tli• dayc-i, --_ of December, 2000 . r .,., - - %- • s c,- .. —..--,• c..) z4.•;;•••'.,,, : .L, DWIGHT E. BROCK Clerk of Courts and Cltii ::- ' , ... Ex-officio to Board ogi': ;:•'F:'_ ../- L . • ' - - County Commissioners "-:. '',. • '":...; : ' -- 1.11)1""‘wi -. 2%€-€4- -.. :., . ' 4 -:::'-- •`.:1 '. •: "-...:::NL s, By: Ellie Hoffman, ''. •,......,..... Deputy Clerk _ _ _ Retn: 4176441 OR: 4368 PG: 2345 9 A CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COWL FL REC !EE 826.00 IIYRROFFICE 4TH FLOOR 06/10/2008 at 10:46AK DEIGHO B. BROCK, CLERK COPIES 9 7.00 EM 7240 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into on this`14k day of , 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC("Lodge"). 4111 WITNESSETH: WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit Development ("PUD") Amendment request, a request that more specifically asked for an amendment to the PUD's Bald Eagle and WHEREAS, the PUD • on is also som- $s fer ed to as the Cocohatchee Bay PUD; and Lodg- fil. . . p -tin o 1 o•: 1+ , Twentieth Judicial Circuit in t and f o r Collier County, F :•• . • atta e "• ty' '• - i-inn concerning the proposed amendment to the PUD's B. •► . .1e Management 1f4 a being styled Lodge Abbott Associates, LLC v. Collier Coun )(r‘ ITE WHEREAS, on or around May 1,2006, Lodge submitted a notice of claim to the County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act("Bert Harris Act"), Section 70.001 et seq.,Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 1 2/28/08 revision OR: 4368 PG: 2346 9A NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be legally bound, Lodge and the County mutually agree to the following: 1. The County and Lodge agree to adopt and incorporate the foregoing recitals, sometimes referred to as"Whereas clauses"by reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the amended PUD (attached as Exhibit `B" to the amended PUD), a phasing diagram entitled "Cocohatchee Bay Golf Course Exhi ' " d a Pathway Depiction (Exhibit 4). This Agreement and Release states the a41 p>talike deviations in development standards from the original i3i _ ..-�expresie -rm in\his greement and Release,the original PUD will control. Avy) 3. The settl Ott,s b nt :':t site development plans ,``• r �;, ("SDPs") that Lodge has suktfii being approv : + ta$nty, in accordance with the rules and regulations of the Co ash, ITV � ent standards set forth in the original PUD and as may be varied by the express terms of this Agreement and Release. These three SDPs are identified as AR5282,AR5283 and AR5284. 4. The County will expedite the review of these three SDPs and all future building permit applications submitted by Lodge. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase wetland impact beyond the impact currently permitted by the South Florida Water Management District and the U.S. Army Corps of Engineers by more than five(5%)percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential 2 2/28/08 revision OR: 4368 PG: 2347 9A condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. 6. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Lodge shall contribute the sum of$3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge recognizes that the County may request additional contributions up to the goo proposed road impact fees due for 59 s to assist the County in funding 4.. •construction of the Vanderbilt '' dge enhance-in o such additional contributions shall be required, however un ' t pg o • . . 'PI s evi nc that all parties have spent ((o $5,500,000.00 on the Vanglerb ran ' g t Any such sums paid over the 11 initial $3 million shall re ° : i . edi 4.'' g in this Agreement and j ,.,: Release, however, is intend or shall it restricts, "` the County's ability under applicable laws, ordinances or ru '' ' f t' 0%)of all transportation impact _ 1 ,,,'' fees upon approval of the SDPs. These fnds shall be refunded to Lodge should Lodge be permanently prevented from commencing construction based upon actions by any governmental entity or any third party. County shall be entitled to retain these funds without any need for reimbursement upon the earlier of(1) Lodge's commencement of construction of the first tower, or (2) the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and the attachments hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the LDC until the Effective 3 2/28/08 revision OR: 4368 PG: 2348 9 A Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 8. As each residential condominium building receives the first certificate of occupancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on one-fifth (1/5) of what is known as the GC Parcel, and when all five covenants are recorded, they will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if the golf course development area or ever discontinued or abandoned for ti any reason, then all of the G� including wi t itation the entire golf course development area, except fg�r setions-allowetlk for th tw (2) residential units, shall remain f o r e v e r as green op+n s• • - • 't-111W-.� r -1.• •�t'to\he uses expressly allowed in Paragraph 5.3 of the ai :• • I I e , - :,:arce . „revisions to these restrictive kv ,, ,r , . covenants will require a supe .rity vote of the Bd# �f` • / Commissioners. 9. To fully satisfy itsi: . I •_ce �, dewalks along adjacent off-site ' c 1!".----- - public roads, Lodge shall construct a pa h y Ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen 4 2/28/08 revision 011: 4368 PG: 2349 9A (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5 entitled "Amended Cocohatchee Bay Community Development Standards" of the amended PUD, and Footnote 2 thereto. 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, a maximum of 590 units may be multi-family and constructed on the R Parcel. However, two (2) units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2. "liiir 12. What has been referre -h d R-2 Parcels shall be replaced by a single R parcel as set forth in to ed PUD Maste513, ttached to the amended PUD. The development standards for,tl�e ' .'arc- :. -t fo in ;able II of Paragraph 3.5 of the amended PUD(except 4r."-y e p e 1 r.o.,i Agreement and Release). 13. If there are `ti cc k,ti- B T,, .a Management Plan required by federal or state agencies\ er County PU t process shall be required. c The County acknowledges that .01.tred.Bald- l an a Bement Plan is in compliance with the County regulations. Lodge shallge exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. 14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2. 5 2/28/08 revision OR: 4368 PG: 2350 9 A 15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan or any amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle Management Plan through the date this Agreement and Release are approved and authorized by the Board for the Chairman's si .ii . without limitation all Bert Harris Act • claims and the claim asserted ' No. 051967- 1 release shall be immediately effective upon the County apt rr 'the.-3- s in cco dance with the terms and conditions set forth in pars ra. o 's(4r e t ' •,�a e. 16. In the even a al d '` c . � ge ; ' eement and Release, the County and Lodge agree to cooperatively to`1e d /Agreement and Release. In this regard, the County and Loc*ieft'#--each_scelt e parties to any such challenge proceeding if one or the other of them i norn`amed as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the amended PUD Master Plan then the County agrees to return all money provided by Lodge under this Agreement and Release upon sixty(60)days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain 6 2/28/08 revision OR: 4368 PG: 2351 9 required federal permits for the SDPs as referenced in this document and is therefore unable to build this project(exclusive of any federal permits or approvals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. 18. Nothing in this Agreement and Release or the settlement documents shall be construed or interpreted to confer any right to docks or any particular number of docks. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, offi a d former employees, owners, present and former elected or appoint ••ti s, insurers, p {V sand representatives, who shall work together in good faith ac o liate°intentcthis A ee'nent and Release. 20. This Agre en d *e br the laws of the State of Florida. %` 21. This Agreem .r d Release may b n n e duly by a written instrument specifically referring to this Agr`ttc Rel Ad uted with the same formalities ` as this Agreement and Release. This Agreement and Release supersedes all prior discussions and representations and contains all agreements of the parties. 22. The County and Lodge acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that my exist in this Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 7 2/28/08 revision OR: 4368 PG: 2352 9 A 23. The Effective Date of this Agreement and Release shall be the date upon which the Chairman of the Board of County Commissioners of Collier County, Florida, executes this document. 24. The County and Lodge acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of the °`- zed by the PUD and this Agreement and Release or the enforceabili s Agreement an se. Lodge affirmatively states that it is not aware of an fads Cliatjwo' . . : lit the coi traction of the project as I i authorized by the PUD t nd l. � e t ?� 1-:7 r the enforceability of this Agreement and Release. 3 25. In the event each of this Agr0 elease, either party to this Agreement and Release may e*,,,,,,_____c_fi i ve tieth Judicial Circuit in and for Collier County, Florida. In this respect, the ounty and Lodge shall request that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 8 2/28/08 revision OR: 4368 PG: 2353 9 A ATTEST:;;• BOARD OF COUNTY COMMISSIONERS DWIGHT E,CROCK, CLERK COLLIER CO TY, F ORIDA . ii / ' i ., By:„ ,` , By: _ 1i Titigairoh A ° - I •t0 CHs 1 , t-puty lerk TOM HENNING, CHAIRMA signature on1'4. . , WI I S ES; ' LI J Signed Name ""I)i c..4.00.6 7.-- Ae0e,gLiWck Print-I Name / / • ...i.//� !._ • / ! - / Si a/I Name -11-Q 1 't :BOTT ASSOCIATES, LLC �.. iI - . _ / s t . �� ITS: I �� Printed Name ' Ap. oved as to form C. ande. . - is _ • I, iip , iffak,17, 1k. Je , A. KI ow -'r t 9,/ Co yAtto,i-y f b V 11:1 ,-(;;; � 9 2/28/08 revision OR: 4368 PG: 2354 9•sV j� ORDINANCE NO.2000-_8 8 4*��LN��t� AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S,8516N,85I7N,8520N,AND 8520S;BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3(3),A(ST),RMF-6 (ST)(3),RMF-6(3),RMF-12(ST)(3),RMF-12(3),RSF-3 (ST)(3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILTIIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED©NJHE NORTHWEST CORNER - OF WIGGINS PASS '.a �C.•. VANDERBILT DRIVE (C.R. 901) EI&TI+,, . -•9;--- � 20, TOWNSHIP 48 SOUTH, R -25 EAST, COLL {Y. TY, FLORIDA, CONSIST N F 532± ACRES; Y PROVIDING AN EFFECf'7'IVE D TE._-._ WHEREAS;Karin ' / ' I.- - . .., \Vanderbilt Partners II, LDT.,petitioned tI)e Bo , ,f Cou ty . -.∎i f the}zoning classification of the herein described - ....s. Q.t.,/ i ,, I _.. -- -_ . .-- NOW, ro• :Pc' t BE IT ORDAINED b Bond ,f Cothmiasianins of Collier County,Fla-141y ' �, ,` - t SECTION ONE: � y;., The zoning classificatibt off •-- --t:,• -'c ,.pfoperty located in Sections 8, 16, 17 and-20,Township 48 South,Range.35-East Colter County,Florida,-is changed front RSF-3 (3),A(ST),RMF-6(ST)(3),RMF-6(3),RMF-12(ST)(3),RMF-12(3);RSF-3(ST)(3),RSF-4 (3),and RSF-4,to"PUD"Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S,8516N,8517N,8520N,and 8520S,as described in Ordinance Number 91-102,the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Exhibit 1 to Settlement Agreement and Release OR: 4368 PG: 2355 9 A • PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida.this jaaday of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLO' DA ATL'EST:.. - BY: JAMES D.CARTER,PhD.,CHAIRMAN D GM E.BROCK,Clerk Attest as to Chairsan'S This ordinance filed with the iiQAlture Daly. Secretory of S ais Office the of t� ;Qpe Approved as to Form R and oeknow'.Cc�crrtnt of 0�:n and Legal Sufficiency (`��( ., Li, filing ce ved t t��t1ev / Y 7'}��i re` \ awn ore. �.._ ✓I f, tip.-_. Mad. ;M.Stud Assistant County Alto, ey sfts.a suo-99-21/44fm l (0), yQ -2- OR: 4368 PG: 2356 9 COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COWER COUNTY LAND DEVELOPMENT CODE Ca' PREPARED FOR: f V ILT P_ARR'¢II,L 0 �%c\\\\ci. t"''S::' PREPARED B e Tr.,.. Q MS,INC.OF NA' jMIAMI TRP4I, xC DATE REVIEWED BY CCPC DATE APPROVED BY BCC /2,U ORDINANCE NUMBER zoo"-di AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 EXHIBIT"A" 011: 4368 PG: 2357 9 A INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course I Open Space 4.1 SECTION V Preserve S.1 tit SECTION VI d. velopment Co 6.1 (7)_, CO il ‘ E." l''',,,,f..\\:\N„,,,,s,.....„... '1*.,_.„ 0 OA, 13V- E Cltt 1 OR: 4368 PG: 2358 9 LIST OF EXHIBLTB ANI)TABLES, EXHIBIT"A" Planned Unit Development Master Plan EXHIBIT"B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards 7 . R COOk (7?-0 10 E.)(-) (Cot 77111Ec, lI 011: 4368 PG: 2359 9 STATEMENT OF COMPLIANCE The development of approximately 532.09±acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways,utilities,and other public facilities necessary to serve the Cocohatchee Bay Project are adequate.The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi-family development. lava 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. /_ 7} _ 4. The project Developm 11 bie wi a`fffe�� lenientary to existing and future surrounding land use'- hired in Policy 5.4 oithe-Future Land Use Element. f / \ 5. The property was do 'zo re Bring the 7bn`'irtg Re-e union Process which resulted in an action establishing se i : .,� trt iis.ancl clenstt}es t, Parcel q 1 `.1• - fs '\ 111R$134t 1 , 33.57 units Parcel 5- k1 r • s t ,/ d 4,; SF� ( . 64652 units Parcel 6- Cf. » a. / .m.:; RS� ;,y 39.45 units Parcel 7- C�,,� 69.61 acres NSF-3St(3 208.83 units itsp 3(3Y i "IF"'-.0(' 3j/ \\0 , Parcel 8 1 f (3) — 583.80 units � ��12st(3) Parcel 9 1.26 acres RMF 12st(3) — 3.78 units Parcel 10 80.65 acres RMF-12st(3) — 241.95 units RMF-6st(3) TOTAL 532.09 acres — 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09±acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. m OR: 4368 PG: 2360 9A 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15,Adequate Public Facilities,of the Collier County Land Development Code(LDC). (.... c \ R. co ICJ ��' 11 , ,:y. KP Iv OR: 4368 PG: 2361 ! 9 / SECTION I PROPERTY OWNERSHIP&GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA.SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,SAID SECTION 8,RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68,PAGE 235;O.R. BOOK 87,PAGE 439 THROUGH 447;O.R.BOOK 167,PAGE 692;O.R.BOOK 218,PAGE QM-HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE- E ;1:DiGO IENI'LOT 4 AND THE WESTERLY PROLONGATION OF/S` —00MrH LINB;•iF 376.71 FEET,TO AN INTERSECTION WITH AN AGREEDBO bARY LINE AS REcORDED IN O.R.BOOK 87,PAGES 439 THROUGH 447(SURVEYOR'S NOTE ALTHOUGH O.R.BOOK 167, PAGE 692 AND O.R. BOOK 218,PAGE 48f INDICATE*A-144 AGREED BOUNDARY LINE IS FOUND IN O.R.BOOK 68,PAG. RANDTANCE ARE IN EFFECI'THOSE RECITED IN A LATER/M I Ol DEEDS O.R.BOOK 87,PAGES 439 THROUGH 447),QI# E P, B,t.I ' $1•DS•C��1ER COUNTY,FLORIDA; THENCE RUN l�r.9§i°t•' ►�";A ID E(OON4RY LINE,FOR 300 FEEL;THENCE RUN N3°00100"'061NG SAID AGRE. BO JNOWY LINE,FOR 961.43 FEET (SHOWN IN ERR 96130 FEET 1N T tt RECORDS);THENCE RUN N.67°30'00"W.ALG ID AGREED BOU/404.YLINE,FOR 1397.99 FEET(SHOWN IN ERROR AS 1397.01\ • ,^�:*., i THE OFFIJuiCORDS):THENCE RUN N.22°31'00"W.,(SHOWN-t •a • . "W.IN THE OFFICIAL RECORDS), �. ��3A'00 ALONG SAID AGREED BO ' '7 •Y,10R 944.72 FEET;THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3,SAID SECTION 8;THENCE RUN N.0°08'53"E.(SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00'00'1E.,FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3;THENCE RUN N.89°12'20'3.,ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,FOR 1907.82 FEET,TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3,THENCE RUN S.00°23'10'E.,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4,FOR 2744.30 FEET,TO THE POINT OF BEGINNING.PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND I.F-SS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 OR: 4368 PG: 2362 9 A PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 26854 FEET)OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA WHICH LIP$WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COJ.I.IFR COUNTY,FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WA-Yt OF-STATE ROAD S-865A(VANDERBILT DRIVE). PLUS ANY LAND ADD ( .. ! ON OR RELICTION,AND LESS AND ACCEPT ANY LAND FROM MERGENCE OR EROSION. PARCEL 8 BEGINNING AT THF I'H AST-CORNBR OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST, a•.��' sR144 RUN$.89°5420'W.,ALONG THE SOUTH LINE OF S +; r�1 127? ^•‘1• 2839 FEET''O AN INTERSECTION WITH AN AGREED BOUI)AARY I ' 'f •RO IN O.RL BOOK 68,PAGE 235 THROUGH 250 OF' :' 0 '-' OI I.L R COUNTY,FLORIDA;THENCE RUN N.01°30'05"Ew,,ALONG SAID AGREED B NDARY LINE,FOR 1298.70 FEET (SHOWN IN ERRQP,�S 1300.00 FEET,IN` R B.a 68,PAGE 235 AND O.R.BOOK 167, PAGE 642 HER.EINAM CITED AS OFFI r ' '•4 RDS);THENCE RUN N30°00'+00"E.,ALON 8' GREED BO 'X LINE,FOR 800 FEET;THENCE RUN N.05°00'00"W.,ALON 'S REED i i `RY LINE,FOR 1480 FEET;THENCE RUN N.29°11'40"W.,ALONG•S l AG a-±• ;OUNDARY LINE,FOR 1957.41 FEl I',TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17;THENCE RUN N.88°24'40"E.(SHOWN IN ERROR AS N.88°26'40"E.IN THE OFFICIAL RECORDS),ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17;THENCE RUN S.0°27•30'E.,ALONG THE EAST LINE OF SAID SECTION 17,FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER;THENCE RUN S.0°26'00'E.(SHOWN IN ERROR AS S.0°26'00"W.IN THE OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17,FOR 2584.65 FEET TO THE POINT OF BEGINNING;EXCEPTING THEREFROM(1)THE EAST 1/2 OF THE NORTHEAST 1/4,(2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,(3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,OF THE SOUTHEAST 1/4,ALL IN SAID SECTION 17;AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A(VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST'/. 1.2 OR: 4368 PG: 2363 9A OF THE SOUTHEAST 1/4 OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST. DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17,RUN S.89°53118"W.FOR 50 FEET,TO THE POINT OF BEGINNING;THENCE RUN S.89°53'18"W.,FOR 186.65 FEET,TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I,PAGE 7,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN S.41°11'03"W.FOR 133.10 FEET,ALONG SAID BULKHEAD LINE;THENCE RUN S.0°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'18'1E.,FOR 275.72 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A(VANDERBILT DRIVE): THENCE RUN N.0°26'00"W.,FOR 220 FEET,TO THE POINT OF BEGINNING.PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,DESCRIBED AS FOLLOWS:FROM A POINTOF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF ;I' y _ V4 OF SAID SECTION 17,RUN N.89°40'55"E.,FOR 5 - ALON TH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEA� 'Iw,,,PA OF SAID SECTION POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT444EREQF RECORDED IN,BULKHEAD LINE PLAT BOOK 1, PAGE 7,OF THE PUBLI R&OR?'OF`L LLIER�COUNTY,FLORIDA;THENCE RUN N.0°26'00"W.,FOR IOa + ' LINE;THENCE RUN S.89°40'55"W., R' A I S�'i ` ' '$- :KNEAD LINE,TO A POINT ON THE WEST LINE OH THE NY• 1-17 $T,14, 1 TI- • ST 1/4 OF SAID SECTION 17; THENCE RUN$: 5'41 , **I00:00 '$t' POINT OF BEGINNING.PLUS ANY LAND ADPEI)T IERETO BY AC C)N WRELICTION,AND LESS AND ACCEPT ANY LA146. ST THEREPROI4Y7WERGENCE OR EROSION. \ PARCEL 10 "� O <S, ,/'� BEGINNING AT THE a" _ }'I. . ,. a'; ' OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER'*0 43. n.- ' •A,RUN N.89°5220"W.,ALONG THE SOUTH LINE OF SAID SECTION 20,FOR 2053.75 FEET;THENCE RUN N.00°14'00"W. FOR 1698.91 FEET;THENCE RUN N.54°47'52"W.,FOR 399.32 FEET,TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.BOOK 68,PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE,FOR 69.60 FEET;THENCE RUN N.02°59'30"W.ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET(SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68,PAGE 235); THENCE RUN N.27°15120"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 I~Eb ;THENCE RUN N.18°44'30"W.,ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET,THENCE RUN N.05°37'S0"W.,ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET,TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"B.,ALONG SAID NORTH LINE FOR 2839.52 FEET,TO THE NORTHEAST CORNER OF SAID SECTION 20;THENCE RUN S.02°12'00"E.,ALONG THE 1.3 OR: 4368 PG: 2364 9 A EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A(ALSO KNOWN AS VANDERBILT DRIVE)AND S-846(ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,At PAGE 44,OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADD ITION;-THENCE N.89°52'20"W.ALONG THE SOUTHERLY LINE OF SAID LOT 4,A-D ;�"'ki1�.J ;'•• FEET TO THE SOUTHWEST CORNER OF SAID LOT 4,THE S y:' • THE S• • ■ I.' ., CORNER OF LOT 10,BLOCK I OF SAID WIGGINS 130.J DDINGS UNrr NO.l, NCE N.89°52'20"W.,ALONG THE SOUTHERLY LINE OF-SAID WIGGINS PASS L DINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST C'LDRNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THIIYC # 1 S7ERLY LINE OF SAID WIGGINS PASS LANDINGS .1 /A� C0` Ir'6090,FEET;THENCE N.34°26'15'E., ALONG SAID y I ANC OF 439.381~i t.TO A POINT ON THE NORTHERLY I OF'SAI i `43IiI1lV'S ASSIANIOKiKAS UNIT NO.1;THENCE N.87°48•00"E. • r • SAID NORTHERLY1 LINI3 A, ANCE OF 1481.48 FEET TO THE NORTHEAST • ` .i''• OF LOT 3,BLOC.s OF S;! !WIGGINS PASS LANDINGS UNIT NO.1;THENCE S.+ 2�00"E.A DISTANCE 60,03,7/FEET TO THE NORTHWEST CORNER OF LOT 1.kIrK,3 OF SAID WIGGOL ASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E -k0644.fff TO THE NORTHEAST CORNER OF SAID LOT I;THENCE Vi' 1JG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1,A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1,BLOCK l OF SAID WIGGINS PASS LANDINGS UNIT NO.1,THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION;THENCE S.02°12'00"E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING,PARCEL CONTAINS 88.56 ACRES,MORE OR LESS(BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO B Y ACCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 OR: 4368 PG: 2365 9 A A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST OF COLLIER COUNTY.FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20;THENCE N.02°12'00"W.,ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET;THENCE S.87°48'00"W.,A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT.OF-WAY LINE OF VANDERBILT DRIVE,A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT I BLOCK 3,WIGGINS PASS LANDINGS,UNIT NO.1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT PAGE 44,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCK 3,OF SAID WIGGINS PASS LANDINGS UNIT 1;THENCE S.87°48{00"W.ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1,A DISTANCE OF 1481.48 FEET;THENCE S.34°26'15"W.ALONG THE NORTHWESTERLY LINE QF II) LW $PASS LANDINGS,UNIT NO.1,A DISTANCE OF 439.48 7O T1E er- {; RLY CORNER OF TRACT B. BAKER-CARROLL ' ,At CORDING c • . PLAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42„b' r'r PUBLIC RECORD 4F COLLIER COUNTY,FLORIDA; THENCE N.54°47'52"W.,y1LONO-THE.NOR y LINE OF SAID BAKER-CARROL POINT,A DISTANCE OF49-1:37uFfiET,TO AN IN'TERSEC'TION WITH AN AGREED BOUNDARY LINE 'IIEGQ'is as w•r I IA lita,CORDS BOOK 68,AT PAGES 235 THROUGH 250,9F PtIB[IC,' a ' • x46. OF IER COUNTY,FLORIDA;THENCE N.79°17'10"E., / ,,A :I •UNtJA Y ±. A DISTANCE OF 69.60 FY.Er; THENCE N.05° 3 ;A ONGSAIIS A .E 'b` 'a ARY LINE,A DISTANCE OF 1417.661+7*. ;THENCE N27°15120"W.,A QNG SAY*: GREED BOUNDARY LINE A DISTANCE OF 61‘610,FEET;THENCE N.81 'pQ+ 4 k DISTANCE OF 2472.71 FEET TO A POINT ON THE THENCE S.02°I27S LY SAID�i'i,,INE,A DISTANCE OF 1373.11 FEET; ° THENCE S.02°l 2tOnE.ALorilopiq#VIOTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING PARC--ELCONTAINS 100 ACRES,MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 1A GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park,on the East by Tarpon Cove PUD and Wiggins Bay PUD,on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF-3(3),RSF-3ST(3),RSF-4,RSF-4(3), RMF-12ST(3),RMF-12(3), RMF-6 ST(3), RMF-6(3), and A-ST. 1.5 OR: 4368 PG: 2366 9 A 15 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No.6 . Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however,falls within the 10' to 11' foot elevation category. The site lies within Flood Zone AE(EL 1 t')and AE(EL 12')according to Firm Maps 120067-0191D,0187D,and 189D,dated June 3, 1986. D. Soil types within the Project include Keri fine sand(approximately 50%),Cypress Swamp(approximately 48%)and Charlotte fine sand(approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County,Florida,issued by the U.S. Department of Agriculture (Soil Conservation Service)in March, 1954. 1.6 PROJECT DESCR The Cocohatchee Bay PUt}ssat +esid tial aid, course community with a maximum of 590 dwelling units. 'e 'on_aj faac s ticludjAsa,gptf course,clubhouse,maintenance facility, caddie quarters, i , : Wpm vvz'll by ■ i izz c, nJunct on with the dwelling units. Residential and ;-M 1{,�undo wear: - _ 6 'harmonious with one another in a natural setting bit -0. • theses riate screening and buffering and open space. "1 } 777 7 V' 1.7 SHORT TITLE r) `S This Ordinance shall be}mown citltii :s`COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE*'W-- 1.6 OR: 4368 PG: 2367 p �1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances,the respective land uses of the tracts included in the Project,as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any ill development order,such as,but not limited to,Final Subdivision Plat,Final Site Development Plan,Excavation Permit,and Preliminary Work Authorization,to which such regulations relate. Wherethese.iegulations fail to provide developmental standards, then the provisions,.of$ t:irr d' ct in the County Land Development Code shall apply. 0y ��. B. Unless o isc'natedr definitions of alllerm •,shall be the same as the definitions set forth in the Collier GOEFIV L nd Development Code.in effect at the time of building permit applicaii -,r- C. All conutti• is ••.-, • loll tupliic material Firstepted depicting restrictions for the develops nt.c 'the. •••_ .'- •l i PUT ilr me part of the regulations which govern the manner in which the PUl) a May lveloped. D. Unless modem;waived or excepted by is,the provisions of the LDC,where applicable,remain 4full force and effce(*h • t to the development of the land which comprises f P - D "°—°---"" ` ):•'` E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15,Adequate Public Facilities,of the LDC at the earliest or next to occur of either final SDP approval,final plat approval,or building permit issuance applicable to this Development. 2.1 OR: 4368 PG: 2368 9 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan,including land uses for the various tracts,is illustrated by Exhibit"A,"the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities,golf course layout,roadway pattern,and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I 1 fit. .!± _. ARY USE �; X.D.U.' /Square' outage ACRES Residential"R 1" 480 44.00 +/- Residential"R2" 9.70 +/- Golf Course"GC" (�. = E- ( 170.39+/- Open Space N/A - 308.00 +/- (Preserve,Lakes and Lands. offers) ,ptpt) 590 Total 53209+/-acres fir CI 2A RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat,and/or Condominium Plat for all or part of the PUD,final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. Exhibit"A,"the PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval,a preliminary subdivision plat,if applicable,shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code,and the platting laws of the State of Florida. 2.2 OR: 4368 PG: 2369 q C. The provisions of Division 3.3 of the Collier County Land Development Code,when applicable,shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility,road,public and private easements shall be established as required during the SDP. and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES EI,"'—�. Model homes.sales other uses aac iFs related to the promotion and sale of real estate such as,but npi d to,pavilions,viewintplatforms,gazebos,parking areas,tents,and signs,shall be permitted/Orlittipar uses throughout Cocphatchee Bay PUD,subject to the requirements of Sectigni 2.6:33:4:of,rhe,Collie 5 CountiLarid Development Code and all other applicable sections. S `sfil`be, 'Or to,final plat approval as provided in said Section 2.6. 3.4]l ;1_, , 2.6 AMENDMENTS-70 ,..._,„,..-4/\\,D a t • t ` a R TER PLAN Amendments may . r . .. to the PUD as llier County Land Development Code,Section 2.7.3. / t ` ,r" 2.7 ASSOCIATION OF PR OR..) R COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners'Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association,the Developer has created a property owners' association(s),or condominium association(s),whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association,as applicable,shall be responsible for the operation, • maintenance,and management of the surface water and storrnwater management systems,and reserves serving the Cocohatchee Bay PUD,together with any applicable permits from the Florida Department of Environmental Protection,U.S. Army Corps of Engineers,and South Florida Water Management District. 2.3 OR: 4368 PG: 2370 9 A _,H, 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning,design and development of relatively large tracts of land under unified ownership or control,as set forth in the Collier County Land Development Code,Section 2.2.20.2.3. The Applicant has not set"stages"for the development of the property. Since the property is to be developed over an estimated ten(10)year time period,any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may,of course,change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part 1 of the common infrastructure,or .. mmunity facilities. r A. General Perm � ^ 1. Essentiay' ices t.forthti der the Collier County Land Development Code, Section 2.6. .1 0 2. Wsne r€iE t ' i ,., r s�tructires. 3. T - sewage treatme Icacilities. 4. - s')gding lakes with bu i.it . architectural or structural bank �/ 5. Guardhouses,viteitibpswilriaitgeegs control structures. 6. Community and neighborhood parks,recreational facilities,community centers. 7. Temporary construction,sales,and administrative offices for the Developer and the Developer's authorized contractors and consultants,including necessary access ways,parking areas and related uses. 8. Landscape features including,but not limited to,landscape buffers,berms,fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9, Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 OR: 4368 PG: 2371 9A B. Development Standards: Unless otherwise set forth in this document,the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road-Fifteen feet(15') except for guardhouses,gatehouses,and access control structures which shall 4 have no required setback. 2. Setback from exterior property lines-One half(1/2)the height of the structure, minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping-Five feet(5'). 4. Minimum distance between unrelated structures-Ten feet(10'). 5. Minimum flog T 6. Minimppareel area-N3nF �. t 7. Sidcwals, epaths,and-caths nihy be placed within County required buffersk however l e_ . th of the requintd buffer shall be increased proPo. /moo ` ilsurface of the sidewalk,bikepath,or ■ 8. St lror parking,l un8 s,g 1 i uds other land uses where such are not specified he4 ate 0.,*n accordance with the Collier County L lopment Code in et'f t e of Site Development Plan Approval. 2.10 OPEN SPACES REQUIftEI )l S ~ Z j''� The PUD Master Plan identifies approximately 483 acres included in the Recreation,Golf Course,Landscape/Open Space,Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 011: 4368 PG: 2372 i9 i 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. L Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2.. Ground cover on the side of be berm shall form a dense attractive mat,and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet(35')shall be developed along the Vanderbilt Drive frontage._- id,hmdscape buffer on the west side of Vanderbilt Drive shall include deve nritikkauiesctjtklappede the view of high rise residential structures j from Vanderbilt (--')CC iThil)-- t ' sc.,.. \\N„,,,,___ \IjAity ""--.)/ 2.6 i OR: 4368 PG: 2373 9A SECTION III RESIDENTIAL"R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the PUD Master Plan as"RI"and "R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09+/-acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as"RI"and" oijthtP- Master Plan are designed to accommodate high-rise residential dwell' u �' 8 � ,dwellings,adult living facilities, compatible nonresidential a full range of al,facilities,essential services,and customary accessory useit:°f The approximate acreages are to red the Puy Masker Plan. These acreages are based on conceptual designs and/,. ,,I;r c ciiak '"-- #fOf all`development tracts will be provided at the tm e of, i Develppr I P! or�I I nary Subdivision Plat approvals in accordance with Livis • .3 r c(vel l,�t�, +� I the Collier County Land Development Code...I sideiitial Beefs are i :--. iodate internal roadways,open spaces,parks and ameflity areas,lakes and wai<iionanageMent facilities,and other similar uses found in residential r .;0, , 3.4 USES PERMITTED \f:::::. _ ; A. Principal Uses 1. Multiple-family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the"Rl"and"R2"Districts. 3.1 OR: 4368 PG: 2374 9 B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as,but not limited to,clubhouse,fitness center,health spa, tennis courts,swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be • compatible in the"RI"and"R2"Districts. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the deve a for land uses within the"R"Residential Districts. R COL jk B. Standards for andscaping.signs • ... land uses where such standards are not spec' -. ..or within the Cocohatch Bay PUD,are to be in accordance with Collier C• •ty •..!., elonment-Code in e t at the time of Site Development Plan approval. n otherw' • t: •, - uired ,heights,and floor area standards I) apply to • •nc..:: : r. C. O f f-s tr+ j , _ '-." •-• • , tiltano �;, _ a Oe accessed by parking aisles or driveway • are separate from any, • w c more than one development. A green -•: of not less than ten f_ , 0') i as measured from pavement edge to pay .• .11 separate any • _, ; . t • veway from any abutting road. N D. lln the event the • U • ilds the • y housing placed in the area between Tarpon Cove and 1 .' Spfenic ‘. of 30 percent of the multiple family housing shall be offered io Io ees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 OR: 4368 PG: 2375 9A COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE I DEVELOPMENT STANDARDS "R1" i "R2" HIGH-RISE I MULTI-FAMILY Multi-Family Dwellings .. Minimum Lot Area N/A I Acre r— Minimum Lot Width 1 N/A N/A Front Yard-Internal Road •t 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard-Accessory Bldg. 0.5 BH not less 0.5 BH not less Including Parking Structure than 25 feet than 25 feet Front Yard-Vanderbilt Drive BH N/A Front Yard-Accessory Bldg. 50 ^ N/A Side Yard 0.5 BH 15 . Rear Yard Principal 0.5 BH I5 Rear Yard Accessory (. Maximum Bidg He ° 20 stone s!O?a ata umum 35 --— r /r(,) height of 01eht *2 4 Distance Betweef PH rod-area.___ 0S SBH. '3 0.5 BH not less 't than 15 feet J Floor Area Mla ( j� _i$ 0 ,, 1200 SF i ii `: Vi ; La (Bedding Height):Building � ;dull be the vertical distance 1 tom habitable finished floor elevation to the appertnostbceiling elevation of the ,e 5, :(Sum of Building Height} of two adjacent buildings t{a ' of determin setback (^ /� iaa :egcdxmet>ss All distances ate in feet ankle otherwise noted. 0 �/L: ` y •I Front yards shall be measured as follows: t A. if the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If die parcel is saved by•private road.setback is measured from the back of curb(if curbed)or edge of pavement(if cot curbed). '2 Budding height for the north property line adjacent to Arbor Trace in the R 1"tract shall be 15 stories far a maximum height of ISO fax. •3 We buildings with a common arm theme are angled,skewed or offset from one mother.and walls are not parallel to one another,the setbacks can be administratively reduced. 3.3 OR: 4368 PG: 2376 A SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas,golf course and recreational facilities. Except in areas authorized for Development,all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure,or part thereof,shall be erected,altered or used,or land or water used, in whole or in part,for other than the following: A. Permitted Principal Uses I. Golf courses nd golf club facititie'`; catldie quarters,clubhouse,guest suites, including ernporary golf clubhouses. / 2. Pro t• ormation" d'gsles cen rs. 3. ry an g�utst , ,taliaareas,maintenance buildings,essential sear' o ivatcl d fluent storagetanks and ponds,water and er treatment plants,Utility py`mp' ' ilties and pump buildings,utility ar tratance staff offices. { L,. 4. Any of . 'pal use which is in nature with the foregoing uses and which the t, „_Services J)o&iss t`Director determines to be compatible. Ifp {ti ice_ B. Permitted Accessory Uses Stnietufes 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops,practice areas and ranges,golf cart barns,rest rooms,shelters,snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel,such as,but not limited to,golf,tennis,and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 OR: 4368 PG: 2377 9 5. Shuffleboard courts, tennis courts, health spas,swimming pools,and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as,but not limited to,boardwalks,nature trails,bikeways,landscape nurseries,gazebos,boat and canoe docks, fishing piers, picnic areas,fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet(20')from Golf Course District boundaries and private roads,and twenty-five feet(25')from all PUD boundaries. B. Accessory structures s _ t � � um of ten feet(10')from Golf Course District boundari d ads verity feet(20')from all PUD boundaries and residential trac i ./ T't C. Lighting facilitie T- air nged.ia anner'Whic'h will protect roadways and ti i residential properties frorrfirsctslare o unreasonable interference. D. MaximuM het: t 4f s i i I c�t E\ fi \ °4 � I. ,r-, ',. .kutiture$-4 storm f r arhaximum height of 20 feet. 2. \ 4ccessory Structures`�l stor} for ti t3'tartimum height of 15 feet. ,. '3f. 1 iw.. E. Minimum di between principal s t feet(10'). si F. Parking for the tericlu , � se' d1 be three spaces per every one thousand (1,000)square feet■tif-gritsit ,rirhi -'shall be considered inclusive of the required golf course parking,provided' u course and recreational facilities are private, otherwise,applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S.41. H. Standards for parking,landscape,signs and other land uses where such standards are not specified herein,are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards,heights,and floor area standards apply to principal structures. 4.2 OR: 4368 PG: 2378 9 i SECTION V PRESERVE"P"DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems,to allow for restoration and enhancement of impacted or degraded wetland systems,and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 53 USES PERMITTED No building or structure pt 'i ereof,shall be tered or used,or land used,in whole or in part,for other tharythdfilowing: A. Principal 1. 2. Bi i� I g, . nature J• 4'4" 3. Golf .. .s are permitted in outside the limits of the bald eagle .. :J�� '�,✓ 4. Wildlife son 5. Pathways and or bridges. 6. Recreational shelters,in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 011: 4368 PG: 2379 1 9A 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3.of the Collier County Land Development Code,as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration,including accessory structures,fill placement, grading,plant alteration or removal,or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures-Twenty-five feet(25'). C. Minimum distance between principal structures -Ten feet(10'). D. Minimum distance between accessory structures-Five feet(5'). ftriii E. Standards for parking,landscaping,signs and other land uses where such standards are not specified herein are to +i i .anee with the Collier County Land Development Code in effect at the ' e _ of iient Plan approval. Unless otherwise indicated,requui, ;heights,and ftooU i+ea standards apply to principal structures. / L),.._______, �, . \ �\ 5.5 PRESERVE DIS -- O-N I ASEMENT A non-exclusive Co 'ort' n�trt�e c by Collier County Land Development Code,Section 3.1.8.4. for Ow ' in thenie.piistrict. In addition to Collier County.a non utive ooinservatmri --,,t ma / required by other regulatory agencies with jurisd et on over Preserve Distil ,lands. ,Itijoirlition to complying with provisions of the Collier County Development Coderiticl'eakiaeitt shall be provided in accordance with the terms set forilrfrial,y,applicable permit _i; i •y other agencies. The Developer,its successor(s)or assigns,incliSing.the Master ' .:' • ners'Association shall be responsible for control and maintenanceof wt m District. 5.2 OR: 4368 PG: 2380 9 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL I All facilities shall be constructed in strict accordance with final site development plans,final subdivision plats,and all applicable State and local laws,codes,and regulations applicable to this PUD. Except where specifically noted or stated otherwise,the standards and specifications of the Land Development Code,Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer,his successor and assigns,shall be responsible for the commitments outlined in this document. The Developer,his successor or .shall follow the Master Plan and the regulations of the PUD as adopted,and any ' _ s d slt(r ►• -fications as may be agreed to in the rezoning of the property. In add tii nccessor or _� in title,is bound by the commitments within this agreement! C 6.3 PUD MASTER P j \\)‘ A. Exhibit" " ( 'f . tei P , u proposed development and is conceptual i� , .. -• rof oil d u Oundaries or special land use boundanc% linor t e‘Co struedicIpe spbaific arld4Day be adjusted during the platting or site devdloprirent plan approval prof ,ss. Subjefi the provisions of Section 2.73.5. of the Land`Deirelppment Code,PUD asnen4 i. _ fray be made from time to time. B. All necessary �dodications, •. . . ' ,'?truments shall be granted to ensure the continued operate - U service utilities and all common areas in the Project ::` C. The following shall be considered minor changes and refinements,subject to the limitations of PUD,Section 6.3A: I.. Reconfiguration of preserve areas,jurisdictional wetland limits,and mitigation features as a result of environmental regulatory agency review,as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes,ponds,canals,or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 OR: 4368 PG: 2381 9 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 200012001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000,and are expected to be concluded in calendar year 2010. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6.of the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the e e. 6.5 POLLING PLACESQ 1' Pursuant to Section .6. (0f h6 elepmenntt bpde,provision shall be made for the future use of space within a c om ding f*the purpose of accommodating the function of an electoral polling plaae:-71 t An agreement shall v*irktl*phial reoortis f tftleaerk of the Circuit Court of Collier County,which shall bmding upon any an {ill s interest that acquire ownership of such common area$ eluding,but not limited*condothiithim associations,homeowners' associations,that s •n facilities may bsdfarap'electoral polling place if determined to be necessary by of Elections. ` 6.6 SUBDIVISION REQ _JA ARD DESIGN SUBSTITUTIONS A. Sidewalks/bike paths shall conform with Subsection 3.2.83.17.of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5.of the LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000')in length are required to have a minimum fifty foot(50')right-of-way width and two ten foot (10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot(50') right-of-way width and two ten foot(10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 OR: 4368 PG: 2382 9 , 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10.of the Land Development Code. 4. Street grades may exceed four percent(4%)under Subsection 3.2.8.4.16.14.of the Land Development Code provided that applicable Florida Department of Transportation,Manual of Uniform Minimum Standards(FDOT MUMS)and AASHTO criteria are met. 5. LDC Subsection 3.2.8.3.19.:The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting,striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet of both entrance road intersections which shall be 40 feet. - N\--"_ �..� 6.7 TRANSPORTATIONS A. The Devel¢p er Bhal 'pr'vlde a-fair sham contrib tiori toward the capital costs of any traffic signals aeces y, et sses wlli ijdeemed warranted by the County Engineer.;The{na 'nc ii all will b "desigi etiOnatalled,owned,operated,and maintained by Colli `�'s t 1 ` v 1 r° °'l proivr e aittciid level street lighting at all Project accesses Olot i3Ot eissuatr "of`ide4rii$l "bf dl cUpancy for a building accessed from a Project eatstuit7., ..� ,t (/�f� B. The Develop , that Collier County - the right to disallow developer improvements WitSilieifanclerbilt Dries ,' I. Livingston Road,and/or Wiggins Pass Road rights-of-way sks c,Olt ict with or negatively impact public roadway,drainage,or utility-facilities-tanned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title,when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway,drainage,and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. 6.3 GR; 4368 PG: 2383 9a D. The Developer shall provide additional right-of-way in fee simple title,when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four-lane design plans prepared for Collier County by Johnson Engineering,Inc.do not show required right-of-way for right turn lanes for this PUD,but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by ; the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary,along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four-lane design plans prepared for Collier County by Johnson Engineering,Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway,drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. F. The Developer shall-' ■{ it -of-way in fee simple title,when necessary, along the PUD;s_`, • `.. •'s i s : f� ` , est Livingston Road between Vanderbilt Drii� U.S.41. The Villa~` itc.iPUD directly to the north of this PUD has dedicated 67/5 ^ t-of right-of-way along s southern property line for the future East/West-LivmgstRoad. 100 feel`of right-of-way along the northern property line for future East/W t-IIgi •,, • .r 4,e det icated'to the County. Such required ri ht-of- a a'�;T 7 , . �. g v� y �be 4�'�" collier County for public roadway, drainage,Incl nl is tIliky n vt rents llier...ounty shall compensate the Developer`f i theit-ght-of-w ay based Ton land appraisals of the fair market value based,s ''ts value prior to appxb al of ). The right-of-way conveyance shall occur at the, ,requested by the co ,0/ G. The Developer` and pay f squired road improvements to Vanderbilt Drive that will provide • -: F (this includes turn lanes and other improvements such as'li. ):it improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project,the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project,the Developer shall pay all design and construction costs related to access for the Project. I 6.4 OR: 4368 PG: 2384 9 A H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 1673'right-of-way reservation. I. The Developer shall design noise mitigationlabatement systems in accordance with the Collier County Land Development Code. .1. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive,the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: /` l',R C'U5� A. Water distribu ' ', e collectioritrission lines to serve the Project are to be designed,cut d,conveyed,and/or o and maintained in accordance with Collier County 9rginanee-Noo._97-17 as amended,,and other applicable County rules and regulations. / '4,.°'.� \ \ B. All ustc nerti t ;7- .r • tic n and sewage collection facilities to be construcse . t I '~ -Coil' y '!wig be billed by the County in accordance at thirCou[nty'`s -. • f-.1,:),,..-'1 X14 ? '--r C. The on-site wAtee distribution systen, eject must be connected to the District's wa't fliai t and must be consis t i the main sizing requirements specified in the County' tMMster Plan tered throughout the Project. During design of these facilities,'tl fi nom`` fetall be incorporated into the distribution system: -' -^ 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 6.5 i OR: 4368 PG: 2385 914 D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Water/Sewer District for ownership,operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned,operated and maintained by the Developer,his assigns or successors. E. All construction plans and technical specifications and proposed plats,if applicable,for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17,shall be conveyed to the County Water/Sewer District for-owncrship,operation and maintenance. All sewer facilities cons n 4 not required by the County to be located within utility s-sliall be o `\pted and maintained by the Developer,his assigns or supspfs. G. All constnictio i plaits-.. i tee:iyniica (Pecificatiuns�nd proposed plats,if applicable,for the proposed se s - iev/dri approved prior to commencement of construction.r K,,, _____:,.,, ,,e ' L if-"I ' (;:l "/ -\\N.,, ._. t 6.6 OR: 4368 PG: 2386 9 A 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes.Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of . Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers sll_ _—___.,. in Conservation Areas which shall be planed. D. An exotic vegyt „ val,moni t' ••,maintenance(exotic-free)plan for the site, with emphasis t n tli�e conservation/presery. eons areas,shall be submitted to Current Planning Envirciiinwiniir Staff for.rev,iew and approval prior to final site plan/construction plan apprgval./ ._.�- t t ', I E. Petitioner'sha, vtiitr th r corltmendations of the U.S.Fish and Wildlife iae(U )erd> le ida Frio` d Wildlife Conservation Commission (FFWCC ardin, ntal i to t `ildlife species. Where protected ,��, 8 P�� mP P, P�� Protoc species are observed on site,a Habits, tlantage insalPlan for those protected species shall be submittedteci,Planning Services Secitlq„nrstitfikkir review and approval prier to final site plan/construc't inplap approval. A Baldiaglthlianagement Plan and a Gopher Tortoise Management P iscqui fo.r.tbisj '%" F. Any amendment to the Bala Eagle Management Plan shall require review of the Environmental Advisory Council or any successor body. 6.10 ENGINEERING A. Detailed paving,grading,site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 0R: 4368 PG: 2387 g I-4. C. The Developer,its successors and assigns,shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site,including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 4 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1.of the Land Development Code,if,during the course of site clearing,excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County bode-Enforcment Department contacted. 6.13 ACCESSORY STI J �-f--' A ccessory structures shall suu 5 sti.iu ltaneousl y"4th or following the construction of the principal structure rapt tlfat rlr s$is-01414 ngs?trailers,marketing facilities, contractors storage at tfi fa¢ilt i l ce a be erected and utilized during the period of Project develop t d Oar4etingi u h i wldings shall be removed upon completion of ' k�g'or'eoiist'ive1i sett ; **they are accessory to. kt,j10-Th 6.8 OR: 4368 PG: 2388 9 i 6.14 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance,each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. C. Should any of the signs be requested to be placed within the public rights-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. jantrance Signs n A. Two(2)signs�(it,ti f f�tkaikaof 40 square feet each or one(1)sign with a maximuga', O-lluarar" be permitted at each entrance to the Develop` --z B. Entrance'sig l notex• -, . height of fifteen(15)feet above the lowest centerli grade pf•. .n , • • or .�ivate right-of-way to the uppermost po on ,f Oie k}gn'strllc■ ..1 1 C. En1aucC signsdmap ig1it p , ,*its are shielded in a manner which prevents direct glare into the v n • *using the adjacent streets or going into t residences. T:i'� r ;' �J Ley 3. Project Signs Ni¢ c C\ A. Project signs,designed to promote the Cocohatchee Bay Project,or any major use within the Project shall be permitted along the east side of CR 901,the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty(20)feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred(100)square feet. 2) A maximum of four(4)project signs shall be permitted. Two(2)signs shall be located along the CR 901 frontage,one(1)shall be located along the Livingston Road Extension frontage. and one(1)shall be located along the CR 888 frontage. 6.9 I OR: 4368 PG: 2389 9 A 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material,then its off-site disposal is also hereby permitted subject to the following conditions: A. Excav s shall c� + �, the definition of a"development excavation,pursuant to Division • the Land Development Code whereby off-site redioval shall be limited to to ..pere nt(to a maximum of 20,000 cubic yards)of th .a vol uma ecaysated unless k commercial excavation permit is re ft�eiv . *110 1 B. Ail . • - s f jre applicable Alk. 'Ls') .-07/ 771F, C.iN, 6.10 01:-43-64 F : 239-4 . A • , . ® o . _. -. , 1 63 ,,,, _ .,, ....,„, __., , ._.., , - ,:, ,,, ,,,,, ..,..„ .,, ,, 6 il 6 1.4. ...... p ......c., ). ......., .......P z n p M t T rte- n NI \off ,ii _Ocr./1..(i)41,0 .:. ... ireL,,,,, ............ ...... �i ,�.r .171 IlLi rritegi.--4.:a.—.7., ■ r-4....,, 1 , , '''P I iii 1\. 's 412C , 1 1411 p f of I t .4 e rn EXHIBIT "A " COCOHATCHEE BAY a,' 0e-29-00 PROJECT MD.: ear PUD MASTER PLAN 1 ,,&D,, R ` 1 r-os-ov (F LR'URE CONDI ION) �.I _G) , ., Il 114.CP SCAM Nc r.s. ACAD NO. egos-POOH OR: 4368 PG: 2391 , 9 A __ ._, , 0 0 tio .0 1 'n v A .. a O r.� -t C g Fn}. O r+ O `� 5 g •-■ U a \ c i r ss , '.\\,10 :•....::::::::.:::::: :::::.::::::1:.::::::.:.::.;iii i:::::•:::•• ∎.' \\ \ �\\�,;\....N.:..,:.: :.:.:.:..:.:.:.: , . ......... 1 ............................: :::::::::::::::, ,,,,,‘,,. . . .,.... _ , il II '■.:■:■.::::ii::iii:;;;::::::ii1::::: ::41:-:!::::.:::'::: / C) •, ......,••■ './t.:..w/ .e i io. 1T•t -.. 11...Z!"'—".". Vigi:1 11...„4---...if-) . 0\.--,,,%,..,., 1 it . -\\' ,,, k 1 lic tcha. i 1/4„ p iikt 1-404, ,_ ,,.....,c„,,....\_, 1. ‘ 6 114 r"Ilkiiikuic -4 � Q rh x.g_ III t�•. _. •O e .1 F I ii il I ll I iA 7 2 m EXHIBI T "B " PUD MASTER PLAN VANtASSE DAYLOR R r r-oa-oo WiTh EAGLE ZONE OVERlAY �' .1 J�� w'«: "•• •..s ..w n y,os SGtLE N.T.S. ACRD NO. �t2O5—PGgIfP 011: 4368 PG: 2392 9 Bald Eagk Habitat Management Plan COCOHATCHEE Sections 8, 16, 17,&20,Township 48 S,Range 25 E,Collier County. Turrell&Associates,Inc.August 2000 4.0 Bald Eagle (Hallaeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest/mangrove swamp.The birds have an open view to the water over the tops_of -ttie- mangroves to the west. Almost all of the established tre b tw ei-th$ .=,t,.tree and Vanderbilt Drive have died, mostly due j th4 T occur`:• property several years ago so the birds alsoyft0a relatively unobs'' -d view of Vanderbilt Drive. Due to the condition/Of-the tree, it is not expected that the eagles will continue to use the nett rrre.than:.a cdttpte of more years at the most. It is more likely that ati o iv is, i f ither destroy the tree supporting the nest, df"+ st041hi� rMe ,lf� I riot clear where the eagles will try to coristn jt n ie$t , -oars Specific observations were made during\fie pas�two nestidg asofts4oirspte flight patterns and feeding behavibrmiround the nest. These obsemat h's showed that flights into and out of tt est were predominately tott i4outh and south-west from the nest tree\teveral other dead pirre3 rbrund the nest served as perches for the paren < the nesting sea l i.,An effort was made by the parent birds to -nest adjtt to the existing marina early in the '99-100 99-00 season, Rowiwer,the .efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive while. Juveniles are brown-black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet i r OR: 4368 PG: 2393 9 Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17,&20,Township 48 S,Range 25 E,Collier County. Turrell&Associates,Inc.August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non-nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available_in the vicinity and how well the bird can see it,thus perch sites are, y=tree$'�T `red by an open area such as river or lake banks. As a topfpretor eagles are vulnerable tothe build up of contaminants in the food chlins„, Pmp ulation sizetwas s,verely affected by the use of the pesticide OD o tied %rich reduced reproductive success by thinning .l i isoning are on-going concerns. Multiple d rbanices� by l*m!� n tihg birds has been shown to lead ultimately*hest isbaiddninent. Sal' and temporal isolation from the nest st and feeding areas`°pre c om of species management plans. \s'7-‘ \ )1,' 7/ /0/ Given the Ieperal requirements f ier 'cal success of the eagle, an overview' how development i jec project site will allow continued habitation is provided lc :t L.---`` 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. 2 OR: 4368 PG: 2394 9 A Said Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16,17,&20,Township 48 S, Range 25 E,Collier County. Turret!&Associates,Inc.August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags lett in the area but observations over the ' , _two-years have shown that these snags are not utilized by the bir s Sti pt Ing. Also, flight paths into and out of the nestin irea'were in the••oi ite direction and not over the area proposectje impacted. A screecr'bf"4iving vegetation will be planted between'theygolf course and tote nes*site.to block views and sounds of the golfers' from the st. '?'his action .would result in a buffer of approximately,:: 0 • ea91-of , , nest. A buffer of 750' would be maintsinesi t¢ o rlld �t• •f'the, nest, and no impacts are • ... : : • tee :'; e ar e Gulf of Mexico_ To mi disturbance dun : ipnt nesting period, a greater buffer - of 1500' in radius-''' tie ished and maintained during site consktEC i®tt activities. No ►• L;, ;iron activities will take place within the 1500-footsduring the period which runs from October 1 through May~'t$�;T '_; Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. 3 OR: 4368 PG: 2395 1 • A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-88 Which was adopted unty Commissioners on the 12th day of Decef 000, during �rg r Session. WITNESS my h / /and thec_gff'cial± seal of ;the Board oa.: County Commissioners • f Co 1 e 4 . . r'dal, this 15th day , of December, 2000 ,' \(0::.;\ ‘4 jiQ r-: 0 C 7' -E ,IMa x' E. BROCK :` k of Courts and Clerk Ex-officio to Board of . ' s County Commissioners� io ' By: Ellie Hoffman, Deputy Clerk - OR: 4368 PG: -2396----9--A COCOHATCHEE BAY f A PLANNED UNIT DEVELOPMENT r 1 1 REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED i UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE I I i a I�N9BRBLTT PARTNERS II. TD j 0 l - j!Cyi 3PRBPARE4 ; EMS,INC.OF N•°' r �IW1 7:147- si, • DATE REVIEWED BY CCPC DATE APPROVED BY BCC 1241/00 ORDINANCE NUMBER 212QUI AMENDMENTS AND REPEAL • DOCUMENT DATE 12/14)00 AGREEMENT AND RELEASE DATED .2008 I. EXHIBIT-AV 1 1 Exhibit 2 to Settlement Agreement and Release 2/28/08 revision OR: 4368 PG: 2397 Q A Y INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION N Golf ?'1. ,•, 4.1 SECTION V ' ,- 'strict �1' ,. 5.1 SECTION VI _'Development Commitments� 6.1 � I dry O , fE C.WS I 2/28108 revision �.� _ OR: 4368 PG: 2398 9 A • 1 S"T OF EXHDBITS AND TABLES EXHIBIT"A" Amended Planned Unit Development Master Plan EXHIBIT`B" Cocohatchec Bay UN Amended Bald Eagle Management Plan =XHIDIT"C" Settlement Agreement and Release TABLE I Land U :pU TABLE II ' I a, Standards I.4 TABLE III , ",,,, - "-Standards,fo "GC inglp Family 0 1113 Q 71 .E C L-L- II •. 2!28/08 revision • OR: 4368 PG: 2399 9 STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities,and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will .*: .with and complimentary to existing and planned land uses in the vi"" ) in a transition area which includes low-rise residential dev¢to ti. and high-rise . development. 3. The subject properyjr's 1 ' n in 3+elation to isting •r proposed community facilities and services permits thezDevolopti n_ lesid�enn4al density as described in Objective 2 of � - •� -7 X21 the Future Land Vise ]/ 4. The project Develapu t b vi$i and 4o: l nary to existing and future surrounding land theca as 'requited in Policy of tfieTutifittlind Use Element. 5. The property was d iNvOoned during the Zonitrf 4 ,,Valuanon Process which resulted in an action establishing'sdv�ning districts and dpgsiirf Parcel 1 - 11. 9fj,' $1SFR3st = 33.57 units Parcel 5- 161.63 acres-- SFF = 646.52 units Parcel 6- 13.15 acres RSF-4(3) = 39.45 units Parcel 7- 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12s1(3) Parcel 9 1.26 acres RMF 12st(3) = 3.78 units Parcel 10 80.65 acres RAM-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres = 1757.90 or 1758 units )II 2/28/08 revision • I ' • . I I ' II • 1 The PUD will utilize a total of 590 units on 532.09 ± acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. • 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.11 of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to . , Adequate the Collier r;" , • I'II. t Code(LDC). 10. This PUD amendment' WON made purauant�aa ttjepent Agreement and Release,a copy of which- is attached hereto as Exhibit "C' and which terms and conditions are • I. I...If I)t ,I.,.I-I .I I t, 1.1!. _ 1 ._ .. I I ! l -I ' I terms betwecn this Pla) amen ihent_and the Settlement Agreement and Release are irk mil!_ M. I. I III. I ft_ �! JI I:IS 0.. --Ail! ..-I1,ti it .INZ.L lv 2128108 revision ri _ . _ OR: 4368 PG: 2401 ' 9 t....,_______.w T.--- i 1 1 SECTION I PROPERTY OWNERSHIP&GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. . 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,SAID SECTION_8,RUN S.88°24'40"W.(SHOWN IN ERROR AS S.88°26'40"W. IN 0.R, -B 1c&66, 8.,235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. . •, , ,PAGE ',O.R. BOOK 218, PAGE 484; HEREINAFTER •FFICIAL RECORDS);ALONG THE SOUTH LINE OF SAID GOVERNMENT A AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.' I.->r T,, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE A$REcDR( 111,,,0 ,. :*•.• ; ,PAGES 439 THROUGH 447 (SURVEYOR'S NOTE!'A OU 3 • • , PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE i T `• A o : •UNDARY LINE IS FOUND IN O.R. BOOK 68, PA% 235` i"..11 . : L GS AND D1TANCE ARE IN EFFECT THOSE RECITE A LATER EXCHANGE OF QU -LAIM DEEDS O.R.BOOK 87, PAGES 439 /*TiGH 447), OF THE P LICC°';1RECORDS OF COLLIER COUNTY, FLORIDA CE RUN N.29°'1140"W.,"ALONG SAID BOUNDARY LINE, FOR 300 F;M ' HENCE RUN N.3;it '" ., ALONG SAID AGREED BOUNDARY LINE,FOR 961.43„ WAL 4' OR AS 961.301+x'1'IN THE OFFICIAL RECORDS); R '00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 I'EET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS);THENCE RUN N.22°31'00"W.,(SHOWN IN ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE,FOR 99.92 FEET,TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8;THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS),FOR 429.82 FEET;THENCE S.59°00'00"E.,FOR 815.68 FEET,TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,FOR 1907.82 H1',TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3,THENCE RUN S.00°23'10"E.,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED 1.1 . 2/28/08 revision OR: 4368 PG: 2402 9 A t ; THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL.S• THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B(ALSO KNOWN AS WIGGINS PASS ROAD). THA6 T OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 r11-) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S.HIGHWAY 41 (ALSO KNOWN AS TANIIAMI TRAIL). PtZ ..._. THE EAST 1/2 OF THE N 4 (W$E1_'TION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COWER,F , _ ` EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF 1* SOUTHEAST I% NORTHEAST 1/4 AND EXCEPTING THERM._THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS. ANY•LAND'ADDED THERETO BY ACCRETION OR RELICTION,'AND,LF.5,� `A •T : .1 • ' LOST THEREFROM BY SUBMERGENCT ORtit ( /\ PARCEL. , ......_ _; , ,y`-�1 BEGINNING AT\� SOUTHEAST GO ER OF $E 'ONON 17, TOWNSHIP 48 • SOUTH, RANGE • , COLd� VI R C s , A, RUN N.89°5420-W.,ALONG THE SOl�I L OF SAID S• s ' 2839.52 PEET TO AN INTERSECTION ,AGREED BO • ' AS RECORDED IN O.R. BOOK 68, PAGE 23�5� �O 25O LIC RECORDS OF COLLIER COUNTY, FLORIDA; THI �Rill l 'OS"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET(SHOWN IN ERROR AS 1300.00 FEET, IN O.R.BOOK 68,PAGE 235 AND O.R.BOOK 167,PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 T C; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., f ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27"30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 libbT IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26100"W.IN THE OFFICIAL RECORDS),ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING 1.2 2/28/08 revision. OR: 4368 PG: 2403 9it • THEREFROM (1)THE EAST 1/2 OF THE NORTHEAST 1/4, (2)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,(3)THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST '4 OP THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18"W. FOR 501 E1 T, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN S.41°11'03"W. FOR 133.10 T,ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E.,FOR 120 FEET,THENCE RUN N.89°53'18"E.,FOR 275.72 tir2 ', TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 1. 1', TO THE POINT OF BEGINNING. PLUS ANY_LAN_D ADDED THERETO BY ACCRETION OR RELICTION, AND LESS- i. ANY LAND LOST THEREFROM BY SUBMERGENCE OR v. • • : =- - t \\\, EA$ 7f THAT PORTION OF TT �F THE OU'I'HEAST 1/4 OF SECTION 17, TOWNSHIP 48 $o COUNTY, FLORIDA, DESCRIBED AS F1'1I a� r"* 4 ;' • F ;BEGINNING AT THE NORTHWEST CEO =R OFr r- . • 13f. a 1/4 OFF TIE SOUTHEAST 1/4 OF SAID SECTION%I1 RU s. " •R 560. 4 Fir, ALONG THE NORTH LINE OF THE SOIIThIEAST 1/4 OF THE SOUTHEAST-1,4 OF SAID SECTION 17, TO A POINT ON BULKHEAD ,A$ Y l ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT , AGE 7, OF THE PUBLIC RECORDS OF COLLIE UNTY, FLORID,! . :r'CE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID ;�:i.. - r`'• ::i CE RUN S.89°4015"W., FOR 560.23 FEET,ALONG SAID =r. ► 37`• .'"TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE UTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°5220"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WII'H AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC • RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 1'IEET; THENCE RUN 1.3 2128/08 revision : : 4368 PG: 2404 9 A N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN N ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE 1 RUN N.27°1520"W.,ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET,THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY j LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°5420"E., ALONG SAID NORTH LINE FOR I 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE ! RUN S.02°12'0013.,ALONG THE EAST LINE OF SAID SECTION 20,FOR 5273.90 FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R.BOOK 68,PAGE 235)TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. . AND LESS AND ACCEPT : . ►��fi'` ' AY OF STATE ROADS S-865 A I G A , .`r ► ;AND S-846 (ALSO KNOW AS (ALSO KNOWN AS - '1. " / 1 BLUEBILL AVENUE:,'c°_. `'< )-- AND LESS AND FOLLOWING DESCl�E`, PROPERTY: ALL OF WIGG S Fi GS Irt ) 0 VAtDDmON, ACCORDING TO THE PLAT PEC''RI D t II ;• w T'';: • •K ;10,� AT PAGE 81 OF THE PUBLIC RECORDS •-.Cot R'. - 0. ►►4 , • : ii, AND ALL OF WIGGINS PASS LANDINGS,til t NO.1 ACCORDING TO THE T THEREOF RECORDED IN PLAT BOOK ,I• }}.At PAGE 44, OF ' :U = BLIC/RECORDS OF COLL COUNTY,FLORIDA, R G MORE PART! • 'I tDESCRIBED AS FOLLOWS: . BEGINNING AT TIM SOZ AST CO' V. +1; ,� 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1,'`-` ' I M• N.89°5T20"W. ALONG THE SOUTHERLY LINE OF SAGA ___W ^ ANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAIli LOT 4, THE SAME BEING THE SOUTHEAST CORNER OP LOT 10,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT l; THENCE 1.4 2!28/08 revision ri 4368 PG: 2405 9__A b .x I S.02°12'00"B.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS 1 UNIT NO.1, A DISTANCE OF 668.16 lik.,ET TO THE SOUTHEAST CORNER OF I LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS I LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00'E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 LSE 1' TO THE POINT OF BEGINNING, PARCEL , CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS I PASS LANDINGS UNIT NO.1 ADDITION,ACCORDING TO THE PLAT THEREOF r RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELIC ION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE F9LLOW1W,DESCRIBED REAL PROPERTY: 1 A PORTION OF LAND DST THE /2 OF SECTION 20,TOWNSHIP a 48 SOUTH, RANGE, OF COLLIER , FLORIDA, BEING MORE PARTICULARLY DES .AS FOLLOWS: ; r -_._ COMMENCING AT I ,SO THE SOUTHEAST 1/4 OF SAID SECTION 20; ► I=�'`*1.L � 21t1c.i' THE EASTERLY LINE OF SAID SOUTHEAST 1S . D k T4N F 0.ZQ�Q ii';THENCE S.87°48'00"W.,A DISTANCE OF 50.1)0 ram'TO.' SON THE,ViraTERLY RIGHT-0I-WAY LINE OF VANDENALT DRIVE, A 1003k0 FOOT, T-OF-WAY AND THE • NORTHEAST CORNER OF LOT 1 .113 SKI --W I t ; PASS LANDINGS, UNIT .•NO.1,ACCORDING i O.. 4 I: PLAT R£C• 4 6:±:I• IN PLAT BOOK 10,AT PAGE 44, OF THE RECORDS OF COUNTY, FLORIDA, THE SAME BEING THE • • I c•-.0. . !• I Ol~?. PARCEL OF LAND HEREIN DESCRIBED; THENCE S.: ' I' 6 ONCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID : 1;THENCE N.02°12'00"W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 HET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'10"B., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET;THENCE N.05°9'30"W., ALONG 1.5 2/28/08 revision OR: 4368 PG: 2406 9 • SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°1520"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET;THENCE N.87°48'00'1E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°I225"E.,ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park.on the East by Tarpon Cove PUD and Wiggins Bay PUD,on the South by r ` on the North by Arbor Trace PUD and the Retreat B. The zoning c{assi$cation..of,the project prior approval of this PUD document was RSF-3;(3), RSF.F3&i,(3),RSF4;SF-4 (3k, R>tdlF-12ST (3), RMF-12 (3), RMF-6 ST 3),�13) 1.5 w: _ :,zA: 14% • u � tl L, • A. The Pro' ,.„As within South Rtater M agement District No. 6. Drainage property will di hee Bay 1111 Ci B. Water Manageilccilities for the ' be designed and constructed in order to introdreejpfe ill ject' ”, , i to wetland areas in an attempt to assist in the restoration of tion and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area,however,falls within the 10' to 11'foot elevation category. The site lies within Flood Zone AE(EL 11')and AE(EL 12')according to Finn Maps 120067-0191D,0187D,and 189D,dated June 3, 1986. D. Soil types within the Project include Ken fine sand(approximately 50%),Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 2/28/08 revision OR: 4368 PG: 2407 9 A 16 PROJECT D&SCRIPTION( The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 17 SHORT�E This Ordinance shall be known and cited as the "Abemip COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." \ ,,sd,:ti'R couk, r____ ., , _ ii ,..,_, . L.,, r) (IC C7'Ve ,,,,,,L C" 1 71 I -r,e_ 1\41,t1 ..0 E C.1 1.7 2128/08 revision f .I 011 1 . SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project,as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Amoki.Planned Unit Development document, the Settlement Agreement and Release attached hereto, and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, cavation Permit, and Preliminary Work Authorization, to whi a r i , . Where these regulations fail to provide develo•fit d i-i 1 • ' ons of the most similar district ■ in the County , + velopment Code sha`lL lY\ B. Unless , W _<. I . 1 . twos of all\temis shall be the same as the definitions set o • the ei velopment Code in effect at the time of• •'•1"..!°,'1 -" •li • , ,rt E . C. All ,as ••-- '_', ., , -, • -,ted depicting restrictions for the • '1.91iment of the • -• • • - ay shall become part of the regulations • Opkgovem the manner'.; „ , ,' T' site may be developed. D. Unless modifi.• -1 or excepted by •• , the provisions of the LDC, where applicable, .ft',. ',. • • -. , `-- •-. with respect to the development of the land which co., sitar E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of , Fieil ee,of the LDC at the earliest or next to occur of either final SDP approval, final plat approval,or building permit issuance applicable to this Development. 23 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the &mild PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table L The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. , i 2.1 2/2$/08 revision 1 : ' ' t : ' ' lit 411 A ii, B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities,golf course layout,roadway pattern, and dwelling unit size and configuration. 1 COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE SITY SUMMARY EU MAX.D.U.'s/Sawre Footage ACRES Residential "R4" 5.22 489 53.70 44.00-14- 1 ,,,., ------ i • Golf Course"GC"' 70„... 2120 -1).„ 17039+/- Open Space - 308.00 +/- . (Preserve,Lakes and Lan B a c`ers Total _ " t i T* 532.09+/-acres *2"OC'ynin to be deducted is the'7t"Me so total. .,';' ,_ , , ,., C7 1 1 oV, 24 RELATED - APPROVAL PROJEec si i t A i A. Prior to the recording"°fa et�t id r Condominium Plat for all or part of the PUD, final plans for all rogtiti+ed improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the Amended PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Revised Exhibit "A," the Amelia& PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a i preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division-3,2-0f the Collier County Land Development Code,and the platting laws of the State of Florida. C. The provisions of Division,-3ef the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of 2.2 2128/08 revision ■ land as provided in the Collier County Land Development Code lea prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of the Collier County Land III Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility,road,public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES PP 5(! Model homes, sales ' other andk related to the promotion and sale of real estate such ;but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, d(iiigps, Ihall—bs-,permi• . ipa] uses throughout the Cocohatchee Bay P ' sub'-- t the F :': - Collier � 1..� County Land level• • �� ""��• � , . '• sections. Sales facilities will be permitted prior to r# sippto " j• In the Collier County an Ld 1, t:c 2.6 AMENDMENTS r 1 DOCUMENT OR ' ►: ' PLAN • Amendments may be,: • :r- to the PUD as • • • -. in the Collier County Land Development •• _, - ._. � 2.7 ASSOCIATION OF PROPERTY- ^ OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of • County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems,and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 2t28/08 revision + : 2411__9 A DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage . ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development . . . The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10)year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered gener4pernutted uses throughout the Cocohatchee Bay Community PUD except in the g�. eneral permitted uses are those uses which generally serve the i• r and res I' the Cocohatchee Bay PUD and are typically part of the co >ut astructure or are .. community facilities. A General r ,1• 1rr[nrM1I;p�...s...... 1• r I 'Tf'yi�1 Y . 1 . r 1'\\e\r1• T_"nty Land Development 2. W - facilities , «.:, . 3. Tempo, age treatment f: • 4. Lakes • •' ' - ' other architectural or structural bank , }�' t 1 5. Guardhouses,gatehouses,and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, i including necessary access ways,parking areas and related uses. 8. Landscape features including,but not limited to,landscape buffers,berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 2.4 2128/08 revision � i 9A __ ________ -- - _--- ---- OR: 4368 PG: 2412 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. - 1 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road-Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (112) the height of the structure,minimum of twenty feet(20'). • 3. Minimum distance between structures which are part of an architecturally - unified grow " -_ 1`T 4. Mire.. , .1,? . between unr late , . , -Ten feet(10'). 5. Minim ., None required. i i.... f i 7. S' .4•-- , ....L..1;:. h h . • .. , F -• within County required tyro9 � however the width y the buffer shall be increased y to the width of bikepadt .;'°c, . of the sidewalk, . 8. Standards , , .:kin,, . .. ,1 : s and other land uses where such standards are , . s .11t71. ' , to be in accordance with the Collier County Land Develops fifrode in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amodsil PUD Master Plan . _ satisfy satin the open space requirements of the Collier County Land Development Code. I 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 2128108 revision ( A 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 4.4o€the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat,and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet(35') shall be developed along the Vanderbilt Drive frontage.- d w • buffer on the west side of Vanderbilt Drive shall include'.devil... .; - ; impede the view of high rise residential actin+- in Vanderbilt Dri in Celt \Cf:fpc,. ‘,..) CIVo- 2.6 2/28/08 revision 1 12„.._43E11G2._2114 9A ......, I , ! SECTION IQ RESIDENTIAL"R"DEVELOPMENT AREAS 3.I PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit"A,"the Amended PUD Master Plan as 1.$:tlit-1'-andR2==. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION ! • c i Areas designated as 2:: fll,L,..." -t• e .Q46inctidig PUD Master Plan are designed • to accommodate high-.'‘'7."-. • tial dwelling t ,•!types, multi-family dwellings, adult living facilities, co• ,• ,• • nonresidential uses, a full range of recreational facilities, essential services,and cuitritiry- accessory .7 , .• - , The approximate -, - ,:71:' , Tr:r.'r..-,2"11-"L„k ilf 7. ,r••-7. .-.• I.JD Master Plan. These based acreages are b • . • . teal •.- ' 19,1 111,117 •simate. Actual acreage of all development ;TS •- ..;;;''■:• , i t Plan or Preliminary I Subdivision Plat , • • as in -• . ,, -- with '' - /‘ - fespeetivibiy.;-ef the a. 'er County Land P.:: . . ,,.-. VOde. Residential tracts are ! designed to accomniudljteintemal roadways, ••-4 l'i ..'.jparks and amenity areas,lakes and water management .w:.,,,and other similar fbAmd in residential areas. . -.-.,. . 9),-//t. 3.4 USES PERMITTED 1TE ciy,.•-- t., „.„..„.....,______ A. Principal Uses I 1. Multiple-family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the 3::qR4"and-Italt Districts. I B. AtaigtaUM1 1. Uses and structures customarily associated with principal uses permitted. 3.1 2/28/08 revision I .......—. OR: 4168_ PG: _24a ___9_,4 r 4 . , . 1 2. Recreational uses such as, but not limited to, clubhouse, fitness center, 1 health spa,tennis courts,swimming pools or similar recreational uses. i 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the 33:t1142-sad=442=Districts. . . 3.5 DEVELOPMENT STANDARDS 1 A. Table I 11 sets forth the development standards for land uses within the "R" , • Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, • heights,and floor area standards apply to principal structzres. i „,g41}1Q-4-,1- , , C. Off-street parking.ntti , . 6 LY -„AIM shall be accessed by parking i lrkh- aisles or driveways*, are separate from any roads which serve more than one development.i kipten space area of not less than ten feet (10') in width as measured fruit)pait#Intedge-to pavement edge shall separate any parking aisle or driveway froth any ablittitnAm .... --,ir----, c---\ ' i 1 17-1/7-3''''''\ i _ . . . _ .. . . . . . ... . .. _ _ . .. _ . . . . . . _ , . . . .. .. .. . .- .. • .. . . . . : ----- . ----------- - ,-,.. , . . .. .. 1 • : wiReasimeiikv,:\ 1,4, t ,-,_c,„,” Attusicbcgsverasse sAtiAildaimarsT DEVELOPMEN, vit*tzEgga ■ DEVELOPMENT STANDARDS falin 41221 MON HIGH HIGH-RISE MULTI-nassiata gisE(Other Mild-Pay Dwellings* figignitt ■ Mbeinoto Lot Area N/A I Mrs _LAMM 1 . Minim=Lot Width N/A WA NA Fro Yard-Interns'Road el 0.5 BH DOI less 0,5-aii-st*Isse 0.5 BH sot less I- than 25 feet thas-25-feet rhan251set Front Yard-Aceereary Bldg. 0.5 BR sot less 0.5-1114-aot-ler 0.5 BH sot less. Wading Par Structure than 25 feet thee-25-feet thsaIlicst Front Yard.Vanderbilt Drive BH N/A kVA Frog Yard-Accessary Bldg. 50 WA . Ea Side Yard 0.5 BH 4$ It Rear Yard Principal 0.5 BH 4$ 11 : ! ; . Rear Yard AeCtOraff 15 4 IQ- - 1' 3.2 1 2128/08 revision 1 A , OR: 4368 PG: 2416 n9 A ilem"---------- . • 11123d■Diel.Haien 20 stories for a maximum 3-5 25 height of 200 feet *2 4 . . Dineen.Between Principal Structures 03 SBH *3 04-Beinet4ess 0.5 BH not less , ilne-itriset ibeallitat . Floor Ares hew (S.F.) 11300 SF 42004P _ imilag.4 Bs(Building Height):Building height shall be the vertical distance=mural from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the SITUCtUre. i I Sla (Sum of Building Height): ComMned height of two adjacent buildings for the purposes of determining setback i ! requitement'. All distances are infect unless otherwise noted. '1 Ilrent yards shall be measured as follows: A. If the parcel is served by a public right-of way.setback is measured from the adjacent light-of-way fine. B. If the parcel is served by a private rad,setback is measured from the beck of curb(if embed)or edge of pavement Of not curbed). '2 Building height for the north property tine adjacent to Arbor Trace in the'74."tract shall bell 44 stories for a maximum height°rupiah& ....— -._ ..........„..._14.1?.. copac4 '3 Where buildings with a common w.f.... ."! am- offset from one another, and walls me not • walla to one another,the setbacks sgot ' velY • k . . . : `14t.„.... ' (...t ]0 it! ,..., 1---. \1( , \:...,.., • *..„, /I..? , ... ..,,,-- C\-) 711E cat- . 3.3 2/28/08 revision I t __F._ OR: 4368 PG: 2417 9 A SECTION IV GOLF COURSE"GC"DEVELOPMENT AREAS 4.1 PURPOSE , The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure,or part thereof,shall be erected,altered or used,or land or water used,in whole or in part,for other than the following: A. Permitted Principal Usys 1. Golf ,,l• `7 . d golf club fact , _ quarters, clubhouse, guest suites,'i ', g temporary golf ciu fc'-' "'FN.' s'-...,k ' . ,. : • 1 arid)Aies, _ _ 1 , , ' 4.3: � ty and golf rout a �" �`•. maintenance buildings, esse*Bil\ervices, irrigation w and -I; ,i storage tanks and ponds, water iii wastewater treatment a dtt ►'pumping facilities and pump i E: budding, and maintenance ,,,\41.-7 tfjces. 6 Any of `thy,` -,l. 41; '•► == +.'ea to the development standards of the"P"District, 6.4. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District 2. Pro-shops, practice areas and ranges,golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 4.1 212$/08 revision I I OR: 4368 PG: 2418 9 A • 3. Retail sales of associated recreational equipment and apparel,such as,but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks,fishing piers,picnic areas,fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. R CO 4.3 DEVELOPMENT • : i. ONS - Ace 41 ■r i A. Principal • Whet-back. iii ' of twenty feet (20') from Golf Course District . , 'vale :, an. twenty-five feet(25') from all PUD boon i 7}(' B. Accessory a M . ten feet (10') from Golf Course Dit ,, ,daries and privaidgoads,and +' r ty feet(20')from all PUD boundaries i'< 'dential tracts. ` o C. Lighting facilih1e •: _be arranged in a ' Yrhich will protect roadways and residential , •• • ,-. , le interference. D. Maximum height of 1. Principal Structures-2 stories for a maximum height of 20 feet. 2. Accessory Structures- 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures-Ten feet(10'). F. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S.41. 4.2 2/28/08 revision T - OR: 436 PG: 2419 2A 1, . H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated,required yards,heights,and floor area standards apply to principal structures. ._ P 4,4 .I Vk,r ►M_ , ' J _. M • * — I.. _ . . till _LW : . /Vo building or structure or hart thereof.shall be erected,altenid tir use,or land or water used in whole or inpartz_for other than the following: • A. Principal sees shall be set bacl_a minimum of twenty feet (20') from Golf Course District boundaries and private roads.and two hundred feet 200') gm_ali FUD boundaries D. Accessoty structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and cute roads.and two hundred feet(200')from all PUD boundaries and reslJe . --.. gates and non-habitable gate houses are exemn -% . . .h 4.4.B, i' 7/ .4 •MINT STANDARD OR ViiCARGUriatalla ,r, }}n� l\ % 1 111TIFI; lig P 1 , - • , , telh3 I ,;P"'1:'•7;�" t'T'^:'^n'• 111 zoned beiiht front mo lhall be nraaued as fellmra: • dmt•of-w.av um, . .•: , ikoskissustgais, 4.3 2/28/08 revision . 1, accessotv a. Customary accessory uses and structures.including but not limited to i. Covered narking.attached and detached garages. ii. Recreational facilities including but not limited to gels and tennis • CM= iii. EQuestrialdiarns and anyurtenances iv. Water_managernent facilities and lakes v. One (1) guest house (as allowed by the Land Development Code)_pet principal structure and two(2)service quarters supporting the gincird &fracture. The guest house and service garters combined shall not exceed 40%of the size of the principal structure. The service warters will not he counted as acklitional density. vi. stamp facilities _ . . b. Any other a cespxflijq hbpomnarable in nature with the foregoing uses and whicktkp determines to be compatible in this district • p In • IC • • z/C) 4113 C1.1 1 4.4 2/28/08 revision OR: 4368 PG: 2421 t 9 A SECTION V PRESERVE"P"DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended.Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the ____Negi Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems,and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. �;�I � i 5.3 USES , c 0 ' No building or • �I I, • tFi shall, - or used,or land used,in whole or in part, • • '. -, than V , , : ~ A. Principal i ses V` I. Pas o - ... 1 .. .. . �° _0 2. Passive • �„'..-. .t9 following; i. Bortfisilia ii. Dicyck*bt- u. Eipvironmental uses(wetlands and conservation areasl !yam Flower beds L Golf cart paths* yr. Pathways and/or bridges vii. Handicap ramps ,yji3, Equestrian uses and trails* ilk Fitness trails and shelters* 26. Biking and nature trails A, Open space drainage systems(required for the pemtittina of the project) AiL Parking lots(in support of any use within this section) * Aid Sidewalks* aim Underground drainage xv. Water parks(fountains) 5.1 2128/08 revision 1 i OR; 4368 PG: 2422 • A AyL Lake(including structural bank treatments) xvii, )3oat(non-motorized),kayak and canoe docks xviii. Fishing piers is Guardhouses.aatehouses* ALL Passive parks, with passive recreational uses subject to this section. [Intended to be limited to the definition in the Land Development Codel Qazdo 7cxii. Picnic areas Wildlife sanctuary xxrv. Recreational shelters,in preserve upland areas only xxv• Drainage d water aaeement facilities as rnav be required by SFWMD xxvi. Motorized devices required lLy pt;ysically impaired individuals. xxvii. Restroom facilities* •But of ya biutix only. • • •:t• • • •••' 11101111.111) ,. • I h1 1 • IL S. Any our use which is e in nature with the foregoing uses and _ - • - t Director determines to be compatib SA DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.36473 the Collier County Land Development Code,as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal,or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures-Twenty-five feet(25'). 5.2 2!28108 revision o PGA _ 9A 1 - - i 1 C. Minimum distance between principal structures-Ten feet(10'). D. Minimum distance between accessory structures-Five feet(5'). B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development C for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code,said easement shall be provided in arcordancy , ,•ta ,,j-j:--set forth in any applicable permit granted by other agencies. The Devi. y --y i ,or assigns, including the Master Property Owners' Association shall be respons1: ,' ,,,trol and maintenance of lands , within the Preserve District.' { . iftt ) CIE) 111‘ i 0 \\N„..........„.„ ATE ClAkC • 5.3 2128/08 revision 4....... --1 OR: 4368 PG: 2424---9-A ri,............._ 1 - SECTION VI , GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development CoderDivisien43 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. -__.- The Developer, his it assignee,shall •• . . e Amended Master Plan and the regulations of the • P k opted,and any other ••• , tions or modifications as may be I agreed to in the rezoning roperty -laaddition, : i successor or assignee in title,is I bound by the � � y commitments with] - merit. \ 1 44 "PrIlif t 6.3 PUD MASTER ' : . -___ � v . _ A. Exhibit " • r • /illustrates the proposed developme , is conceptual in :-.1 . ,: tract, lot or land use boundaries or.t ial land use bo u • : ,• 'be construed to be specific and may be >dj :• -, during the plattin ot, ; development plan approval Subject . . r - ` . . . . .f the Land Development Process. �':, > � �•,, .•: Code,PUD am n ii 0� true to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements,subject to the limitations of PUD,Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South 6.1 2/28/08 revision -1 i OR: PG: 2425 9 A Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar - • a". r r 1. Marketing of commercial and wit residential sites and golfe its ,' pa are to begin in calendar year 2000, and are .- tkb concluded in calendat re, 0l0. B. Monitoring •T 1 anm^dal.-rigid 1, bee/su�bmitted pursuant to . f the Co i.-• rl. 1 - 1 • Deve . . 1 1 t Code. C. The ..• Ti` t _ 1' Provisions of S'setien 1-77377-ef the }" 1..•• 1•ae t ,. = 11�. 11 ,`:' 'A t.'t!.'41 •1 , /, !.:.._!.`: 5ettlementAgrirment and Release. ',, 6.5 POLLING PLACIE (Qj Pursuant to • ; .Eod e provision shall be made for the future use of space wi 11 the of c�i�o1�b�. purpose accommodating the function of an electoral polling plasc:`°----- An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVIISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM TEE COWER COUNTY LAND DEVELOPMENT CODE(LQP A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. 6.2 2/28/08 revision OR: 4368 PG: 2426_9 B. Private streets shall conform with the right-of-way width requirements of . . . the Land Development Code 1;86 except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000')in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot(10') wide travel lanes as required by the Land])evelopment Cok Seheastien44164:464. 2. All other cul-de-sacs are required to have a minimum of fifty foot (S0') right-of-way width and two ten foot(10')wide travel lanes as required by the Land Development Code . . . 3. Tangents between reverse curves shall not be required under Sabeeetien the Land Development Code. 4. Street grades may exceed four percent (4%) under Sub000tien 3.2L4.16.14. the Land Development Code provided that applicable Florida „ • 'on, Manual of Uniform Minimum Standards VI' jar : • • criteria are met. 0 5. . . .. ' to ;e Land Development Code, !The ' 'Street- non, + : rs shall be approved by the Development •. _- • and confon with the Florida Department Development i..... � of Tramporfir "` •Yr,,• • ;on Manual on Uniform Traffic control requirements for street pavement .� {� psin� �� ft thte/#nain road system will be waived.' Traffic circulation shall conformance with Florida • Depst lent of Transportation ' Administration Manual on UnifohrqTraffic Control Devices 4, / 6. to the Land Development Codes the minimum-baod c • 'II:;for internal roads shall be 30 feet with the exception of botdi entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION—For Additional Information.see Settlement Agreement and Ethan A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed,installed,owned,operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or 6.3 2/28/08 revision OR: 4368 PG: 2427 9_A ,r . negatively impact public roadway,drainage,or utility facilities planned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four-lane design plans prepared for Collier County by - Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of- i ' n� . will not be subject to road impact fee credits. The final '' I •'�:' ry7 for Collier County by Johnson Engineering, • show required right-f-way for right turn lanes for this PUD, but the;fri • •f-way shall generally be•of a typical width of approximately 15 feet. Ttit ri, wi d nveyanc shall occur at the time requested by the County. '� LL • E. The Deve * l ,Feet of right-of-way in fee simple title, when -•- _ t • ' t Wiggins Pass Road. Additional right•of-w _• in varying its on > ,` Side of Wiggins Pass Road as shown :� final four-lane . . . _• for Collier County by Johnson En: : = 1, _ Inc. Such required • •, • ay along Wiggins Pass Road shall be cledicital conveyed to Coll-, =. ty without consideration for impact fee credi .,: .way, :wg ;and public utility improvements. The right-of-way con t �4 the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary,along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of- way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. 6.4 2/28//08 revision - _ _ -- __ OR: 43-68 PG: 2421 -- 9 /-- G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project(this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the f. ,, •, Water quality will be handled within the 1673'right-of- ■- .' :' . - '�. -Otr.' I. The Deve ., •i design noise miti:.: '. , , , ,, ,t systems in accordance with the Collier IL. ,:s I Development C.,r, J. In the eve* I ,, , • ,I , , ; s ' -'• Vanderbilt Drive or Wiggins Pass Road • - , • -,,i`'. this,Pro' 's access to Vanderbilt Drive, the Deve , , ` 7. y t�, afnd� ppropriate turn lanes. 6.8 Urfl2TIES "'- The development of • ;, ■ PUD Master .4 11, be subject to and governed by the following conditions: P7' EC . i A. Water distribution, sewage co�Ueeeuon and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into • the distribution system: 63 2/28/08 revision OR: 4368 PG: 2429 t - A I 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. A water distribution system shall be constructed throughout the project . development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights- of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer,his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable,for the pro must be reviewed and approved prior to commencement o ;'. .---_ F. A sewer diptri..+ on system shall be , ,situated throughout the project developmees by - .f_velo- pursuant to al current requirements of Collier . County and the/State of i jda:- ewer facilities , tructed within platted rights- of-way or wi "0 f'91'''% is >` i llier County Ordinance 97-17, shall be cony-, -, to then on � t y f'Dietrid for ownership, operation and main .,, • - `so private property and not required b j4 .i - County to be 1, .,,-• wi ,. .% easements shall be owned, operated by the Dove , hi . . '? Or successors. �`a..y - ! G. All constnrcti and technical —I, ens and proposed plats, if applicable.for , • -, er :1.. �1.. ,; ' -be reviewed and approved prior to commencement of ; ,..f al` 6.9 ENVIRONMENTAL The development of this/mended PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 6.6 2/281'08 revision Ii , 1 ,i..... _ _ OR: 4368 . 9 _ _.7 PG: 2430 Buffers and setbacks shall be in accordance with 32 3 of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wet lands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal,monitoring,and maintenance(exotic-free)plan for the site,with emphasis on the conservation/preservations areas,shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S.Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species i . .1,lir ,,-• to Planning Services Section staff for review and appra d.�,,• • , ,,:: , .son plan approval. A Bald Eagle M: , : .,a•, •. .,,, and a Gopher T• ,• se nageryent Plan are required for this site. \ . ... ,� U - tiff .t. .. - ; f 6.10 ENGINEERIN {� C" l,, i`.•! A. Detailed pa grading, site drainagey and „'• • plans shall be submitted to Engineering Riyte Services for revi�e��w�-.�'. •-•,A;..;,.. ..on permits shall be issued unless and untie ap oval of the Prop'•• -;• in accordance with the submitted plans view Services. B. Design and construction or alt#n tovements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6A1 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Divieiee-33-of the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.7 2/28/08 revision OR: 4368 PG: 2431 9 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the Land Development Code, if, during the course of site clearing,excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNS lLa`' cU 1 �- A. All J sign~ ilia 1 apply unless such regulations are in conflict " h , ": ;, .V Section. B. For' E t/QMsnance, each platted parcel shalkbe -'. de red a se paratc' arce d shall be entitled to signs as herein. k qo.' C. Should .y . is signs be -s -. 1 within the public rights- of-way,a ' •,waypcnnit - ,. .lied for and approved. D. All signs shall be lofted-so-as not to cause sight distance problems. 2. Entry ice Signs A. Two(2)signs with a maximum area of 40 square feet each or one(I)sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 6.8 2128/08 revision r T.. T 1 1 , , • 3. Project Signs I A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits i subject to the following conditions: I) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred(100)square feet. 2) A maximum of four(4)project signs shall be permitted. Two (2) signs shall be located along the.CR 901 frontage; one (1) shall be • located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 1 3) , .'J .a y fie$ ,, '. . ,.vided all lights are shielded in a .J . h prevents ' . -- • which would impact the vision o *wars using the adj ` strets or going into adjacent 6.15 LANDSCAPIN FO iiii141.7: 'i i G A All Iaudscapiag f ,. , , with the raise-24 of-the-Collier ., . Development sv,.. in . M 1 time of building permit application. Cn ^�' 6.16 PROVISION FOR -4 •w Ck : REMOVAL OF ; 1:a MATKRIAL U The excavation of (ama;.-fockpiling in preparation of water management facilities or other v t bodices is hereby permitted subject to applicable sections of the Code of Laws and Ordinances. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 1 A. Excavation activities shall comply with the definition of a"development excavation"pursuant to mien-33-el the of Laws and Ordinance)whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the code of Laws and Ordinances said-Division 3.5 are applicable. 6.9 • 228/08 revision i -OR: 43 PG: 243-3 91 i. i i -7:-. , • . .. O CD ... .„ b m� or t� a n c ►H+r Li 2 (1) II N y 1 litata 4 \ \ i .•'.‘........:::::::::::::::::::::::::::::::::::::: \ . .....:.:.:.:.:.:.:.:.:.........:.:.:.:.,:.:....,...:.:.:...„. 4* , , \ \ : \ \r : • \ . 1 .:.:.......:.:.:.:.:.:.:.:.:.:.• ....:.:.:....:.:.:.• r r4 i I 12 1 I lit. ▪ IIMM CI ,�,, ra ilift ;� � � Via. � - � �' i t J'1 0{ Ar iE ci• L :. s '� N_ 1 i 111 ��v < �'•. ()It 11 a I ji: 1 Exhibit"A"to Amended Planned Unit Development Document /-- I COCOHATCHEE BAY Vanasse MI Lt —• cur£ oe-29-oo SCALE:Ilia 6ibjr.it Ft REY.' 01-25-08 I N.T.S. PUD MASTER PLAN Dayl o r � .n. w" w PROJECT NO.: 80447 :111.411.1141 r 11111.40 ACAO NO. 80447-PUD_MP7 OR: 4368 PG: 2434 9 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission("FFWCC").' A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (each 17 to 20 stories)2, a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and storm water management facilities on a 111.3-acre• project site. . . . . _ . _.- .• . . . •: . .. - - - •.- • • - - _•"." j"-•■ r unavoidable effects to bald eagles at nest CO-19 and n4w C I 'Al- 'e p cant p�esee-te shall purchase and preserve su�10"\h�a`f-.. .-tii,: .'ati1 b g1 s in, or in the vicinity of, Collier County, is 'southwest Florida. Thd roj. t sft is located north of Wiggins Pass Marina in Sdcfrits 8, 16, 17, and 2F. PK `48 South, Range 25 East, Collier County,Flo : \ u B. TERMS AND CONDITIf lit c &C 1. In the event of project implementations, the entry road, stormwater pond, parking area, and golf club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non- nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 20-story building, which is 1 This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S.Fish& Wildlife Service's Biological Opinion dated February 27,2004,as amended on February 6 and February 27,2007 2 In accordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 are 20- stories and building#5 is 17-stories. 3 Private practice area. Not open to the public. Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,2007. OR: 4368 PG: 2435 9 A anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non-nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence _for- th e__.remaining condominiums would be buildings 3, 4 and=5'4 tie struction of these condominiums initiated only � �,^ � ` '" ' . ii:nesting `s (Figure 1). The construction start dates o condominiums likwould be in consecutive non- nesting se ns edl�be..delayed based on`the economy. 5. The boarrw. E, clop eel f bees 4 and 5 inside 660' of CO-19A !Iwo I d lonl , lie 0o tr � he uplands in the non-nesting g r g season I' _ .•• b�, `ake omp at the revised location as shown. ti \�". "r 6. In the event\t �$ald eagle pair retprns'i 'fCQ-19 or builds other nests on property own—ii a Abbott LLC, the permittee agrees to similarly modify ce on the remaining buildings to minimize the adverse effects<if the"project on nesting bald eagles. 7. The permittee has proposed to preserve an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. C. ADDITIONAL TERMS AND CONDITIONS5 5 Amended Biological Opinion dated June 30,2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5,as amended and/or re-stated in the February 6 and 27,2007 Biological Opinion. OR: 4368 PG: 2436 9 A The USACE has requested the USFWS to modify the February 17, 2004 biological opinion for the Cocohatchee development based on modifications to the project proposed by the applicant. The USFWS has reviewed the proposed project modifications and notes that they will result in the addition of the following two (2) items to the Terms and Conditions Section of the biological opinion: 1. The construction of condominiums numbers 2 and 3 can be initiated only during the non-nesting season (May 16 through September 30) (no earlier than 2008). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a tegitory may.,be in the form of fee simple title or a conservation easemeit1,io.ie Vaikteccle, an acceptable third party. The territory must;i�{i -sufficient area m .t' omodate alternate nest trees in the event.thie primary nest tree 1 ost'.\. The applicant will use best efforts to locate'a tre a-terri oxy in oilier County, but reserves the right to search, elsewe jf an acceptable'contract cannot be secured in Collier CO= . i `i--'' . - f olldws: i) Prefer lO ' �'gi. . • se=$cti• - • 41011:;e. 1 that presently supports active nesting by bald eagles,but`kparcel thaf lipports suitable habitat for attracting upporting nesting• 4 ea �` ' may also be considered acceptable. - .;, NI ti>ii) Preference will_.b�' fvoifnited to, selection of a parcel of suitable habitat thatbeeir selected and ranked as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. D. CONSERVATION MEASURE6 Provided the necessary federal, state and local permits are obtained, the applicant will construct a 50-to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The 6 Biological Opinion dated February 27,2004,page 15 OR: 4368 PG: 2437 9 A purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 25- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non-toxic materials. Examples-e€this technology can be found at manufacturer websites such as wwy+:ri`t> k(ert..4 r T www.utilitycamo.com. The applicant also proposes, video ` \in the nest tree to provide the residents of Cocohaiteliee�, ay and other intere parties with an opportunity to monitor eagle nes ng havl "'The_fln4.{Iesigii of'the base, the nest tree, and the camera will be submit a td he:Service.`k. \ ! (E. CHANGES AFF C {H • e �� S AND CONDITIONS Any revision by ore U.S. Army Corp oVngiiteeri SACE), the U.S. Fish & Wildlife Service ' WS), and the Fld�' Fish" & Wildlife Conservation Commission (FFW -fit may cause revisibrOae above described terms and conditions will not re's further amendtvt`he Cocohatchee PUD or this Bald Eagle Management . _,o i14N rrent eagle pair or a second eagle pair build a new nest within` UI)~Iboundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES' 7 From Biological Opinion dated February 27,2004,pages 13-14 OR: 4368 PG: 2438 9 A 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest,and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. T.V ,-,, , ECO,, KN,,,,,,._____... - ,/ 0 OR: 4368 PG: 2439 9 A I ll j Er.�V W i O / O _ No RI 0 3= a s w s. = M130 kf.mji il-" iirg-LII° \11 1 •',• ,.it ( l � ; \ Ada.II i,r0.m.4 / g. ----- --- ti\ k' ,., r-iii, ' 0 /ii.e......,m-tifiA .v_, Tr\. - ''--.- -'-.-// ;#-Tolirgi‘, N V .. 113b0:- ...‘'`.: __Y',',,„ ' <-;'''' 4-45; , ( . Nx ' ` �' I ,,,- -. fi,t o___ . -idvr vi...,...„.......................\,7„71),C:.'c:,, .4,...., or .. ... , , . , , '.;.:..k •15.,0 0_, , ‘ '� � Tom' - ; . _ C '�` ` ��•^.....—.::••:..:` ) ) \1, lit / / ■ , 1 ,' + t! t'. • ► Fri d ��.: ,f/ nnh t ` 1 MI ) I +590 + �� -.—r—n ) ) ) ) M�-1 g � / 1 A)•i ••'`> • ) • 1---..t__-- j t-• ) ;,� , • 1 :r f 1 _.1:771:,,.;., 1 I I I • , > 1 O z + '.` ! + > t.:, . Vito t 1 t•. 't xtr t i 1:. i t t . 1 • /� V `.1 F r. j > • ) . . s 1 F 1 1.f1 f t,Al.. 1 [ i_}) t/•: I _ ■ t . 1 t > ) r 0 . u 8 # ' • • ---� ,,•i', i l 1:.I:1 Vetl l j t E 1. 1 t .. 3 1,/1 111.'42 1.. L..1.1 l' l t 711. / u Attachment 1 to BEMP OR: 4368 PG: 2440 1 9A 1 , -- , - ----wit Drive :._ _, ____, ._..7 _______ -.--- • • • -— ....' ,,,•-• . __....::. ....... _:,-- ',....: ..."..:, _i_:;....1.,. (;--.4 • -% , 1 . t, \.... i.. .\ .__ ...---P., '',-i. 7,.. -r— Z--- (..--e;?- -----4-' ---— I.:. %,'-. • : I I 0 w rk-, -, ' . ■ . ' 1 i ;.1 . - •4,1 .--..• .-,. \' N-•,.. ; •V-, - -. • •:7. I...., _.., a ''...:**.• I I 1 ... •1 \ i . : .-13 : • ' • . . Id \ • e•• 1,.. cal). I , ...... a • it •••••••••1..,.•__...,.....7,.. ,•.. n.• 1 ..s'-. ,\.I •-•,\ --"' If. :••i 1 II ''.,., • : ';‘,_ .. I . . \' - . '‘ \ k: '\, li : .1 . ...._ .. ... .... _ , . . ... , : . Fi , 1 / \ . ,-. -- . 1 . , . . , .......... . :., „-....r._. _ em. •.,....•...; - _I( , : I ! :::-....:-4 . • .. '"--.."-•*- • . lEya ----iiiii):•:;InNz•••,...4,... ...` , t, 1 .-- -. • ak,.. I i 1 ' . , P • : _-. , 3., , T 13:2 . '••/ ., , r. 01 4. ar*4 •-• rt:#40 I. f— I 44....) ,,... i). ). ). 1. ). 1,. , 10 c) 0 c) c) - 1-/E CIV--I ;a] 22 z., 3, 33 rr, ;rn rn rn n, ri, i I co) 10) 0) 0) u) 0) 1 I :- I 1 s.■.':; :::." .1.'' ; -■ 1 .....- — 0, .-----"----- Exhibit 3 to Settlement Agreement and Release COCOHATCHEE BAY ,....-.?.f. 7. • ., .. •, ..., . • -,,,, VANASSE&DAYLOR I pr.', , ',_ •— .. , , :i '• : '''.' ii,i h. -• - -1 i,, ," ; . Jr71/ ..... Pc 1 Etae, fiArJ 1 GOLF'COURSE EXHIBIT :i : '‘• ..-:- l•-:--- ."'" "0" . . --• -,----■-•-----• . --. ----—.—---.—__. .. •: — __—-. _ .._ . . 1 t OR: 4368 PG. 2441 *** 9 A ., , i N w °—�-- E o !‘ 5 ,1�:, . t1 ;Ale + Ct ~ -... ..14„.-1,,,,..,:-..,t `..3. i.f i • friyptSw1: kw. aay£ " 4c..". XIC-,.'• !r Y )r. ,.M,..t«• , .n . 2 1 . T . i i NORTHERN PUD FRONTAGE. c r.- _ ALONG WESTERN VANDERBILT DR. 1• �• RAY - 2017 L.F. +/- .,,.N i. a ,.,,,,,f�. . . R '(i0 WOE SIDEWALK TO BE .'k i `..., ti'u 4''' ". .11 Itim , , ,•-:,:_,,,.,•: ••.. .,,,,.... •. ...7,,,,,--.1, ,,.._ :.• i:40.,-,;-w ,.. „_7, , ..- A'. 111:'''.0. ' 1 -�-II } tM T t• k.✓l .1 f •� ; r • Y ItrF 2 C 0 11'11 y •. . c....7 "...(' *.t.‘C)4' L''(5) u.ia .. : <ti.1,: C ——-»— PROPOSED SIDEWALK (10' WIDE MULTI-USE ASPHALT) • SOUTHERN PUD FRONTAGE ALONG WESTERN VANDERBILT DR. RW - 1,692L.F +/- 1 D' WIDE SIDEWALK TO BE CONSTRUCTED/REPLACED) Exhibit 4 to Settlement Agreement and Release moo" Vanasse et►an '�`` ?MIN AN Mr MU! (shape ktMeaet Eninnnens Scent cocohatchee parbieni Lid KINSALE CONDOMINIUM .�. Gt.]tailor,, «141 (COCOHAICHEE MY P.UQ1 800 tole Drive, Suite .500 N)4 Daylor 111 u"y1/.6.>.4"fw Naples, n_ 11108 PiIDMyFROMAQEEXWBI? Ion en Y,11111 sal. a 13111/1111/Mil/4114 Rai i a.w�.a r•':1'aoo' 1•1 Sheet No. 1 of • 9A Cocohatchee Bay RPUD Deviation Justifications 1. Cul-de-sacs and local streets shall have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes and single 6' sidewalk as shown in Exhibit C, attached hereto. Justification: This deviation will allow the developer to provide all required infrastructure within a combination of dedicated right-of-way and easements. All roadways are intended to be private and in a gated community. A cross-section of the proposed internal private road is provided. In lieu of a 5' sidewalk on each side, a 6' sidewalk will be provided on 1 side of a street. Further, the single family area is limited to 62 homesites, reducing the need for dual sidewalks due to the very low number of homes. 2. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet to permit a cul-de-sac approximately 5,800 feet in length with appropriate signage and an appropriate emergency vehicle turnaround at approximately '/ mile from the entrance of the cul-de-sac. Justification: The deviation will be limited to one cul-de-sac street within the PUD, and is warranted due to the configuration of the lake and preserve areas on the Master Plan. The County Engineer is authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. A condition relating to looping of the utilities has been added in Section VI of the PUD 3. From LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. Justification: This deviation recognizes that in cases where the storm pipe size is a smaller diameter and the pipe is shallow, a smaller footprint is necessary to provide access and maintain the pipe. Smaller equipment and a shallow pipe will produce a narrower area needed to trench the pipe. The deviation allows less land to be encumbered in these specific cases, which can also result in less environmental impact in some areas of the site. 4. From LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the U.S. 41 frontage of the property and to exceed the maximum sign height of 9A eight (8) feet for a maximum of ten (10) feet in height from adjacent roadway centerline elevation. Justification: This deviation is justified because the project has a narrow frontage on U.S. 41, and will not be accessing the site from U.S. 41. Access to the project is fromWiggins Pass Road and Vanderbilt Drive. The property owner wishes to have signage to announce the project on the high visibility U.S. 41 corridor. Had an access point been proposed on U.S. 41, the requested signage would be permitted. The access originally proposed to U.S. 41 has been eliminated after discussions with neighboring property owners. w "1 .9 ■ 0 . -, >m • ... „. . na. . U p O 8. 0 1E, rt.. S 0 V w g ea o co L CD N W C.) / o 1 a. 2 WA co L. n 0 411.11c ili 0 r7. .+ in 1^ A W W ¢ .. - c �, 0 A •E• aw \ , _ . C en 6To Q .17 v ° F+ t P) -' 1 6) i i y U a' C o 04 E 0 Al at . E.0 O � q w° = N Q 0, v s 411 NI 2 imil a) W Q n ' i4 I, a aT Q flh a Cs) e.,00 5 d rx A 0 a a . � v 0 4i W W d . fl,CIA 5• 4t el 0 4 r42 . a ed -ri • • 9A • • • Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date_ —_ Post Date ___ Payment Slip Nbr 839412 8/9/2008 2:40:03 •PM 6/9/2008 _ AR 5282 Appl Name:VANASSE&DAYLOR, LLP Appl Stage/Status: REVIEW STAGE NO.2/PENDING Address:JAY WESTENDORF 12730 NEW BRITTANY BLVD STE 60 FT MYERS FL 34108 Proj Name: KINSALE GOLF COURSE Type: TAZ: 13 Subdiv Nbr: 100 Project Nbr:2001040052 Payor: LODGE/ABBOTT ASSOC Fee Information Fee Code Description GL Account _ Amount Waived 08GCR1 ,DIST 1 ROAD IMPACT FEE-GEN.CO 33116385036375031331 $156334.00 • Payments • Payment Code Account/Check Number Amount CHECK 1201 _ _ $156334.00 Total Cash $0.00 • Total Non-Cash r $156334.00 Total Paid $156334.00 • Memo: • Cashier/location: MURPHYLINDA / 1 User: FLORISROGERS Collier County Board of County Commissioners Printed:6/9/2008 2:46:35 PM CD-Plus for Windows 95/NT 9A • • >m• du 0,:, ch .g N cr. .., ,D 0 ' � O Q rtZ 0 " w V N 6. Q d o w U cz 1 Wos UO °.: a E''l �. 0 A A w o O r U let - E"' W v Q N O y U an c12 8 . • i 0.4 ,� G .. v as el V rn# . � O x N °L o 0 N •H o c, .0 '_ x 44 Ei a A N b � a a � O `a a d 2 c 0 �, d gel 2 m g AO 11) ,,,, A 61 �" O 0 W 'S3 Q U �i F N C ca N O i 0 CO d � g rba PS . LO) il v 'c3 7 g ml ei H § N YLl. d w z cr 8 � H O - E d ,-8 r°a Cii E A "1,g lil U c >" o xi U 0 �: a A o w. N ; to 0 ; ; W :13 o ra U 0 0..a E--, a 9A • • • Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt • Trans Number Date Post Date Payment Slip Nbr 839413 _6/9/2008 2:40:42 PM 6/9/2008 AR 5283 Appl Name:VANASSE DAYLOR Appl Stage/Status: REVIEW STAGE NO.2/PENDING Address:JAY WESTENDORF 12730 NEW BRITTANY BLVD SUITE FT MYERS FL 33907 Proj Name: KINSALE CONDOMINIUM PHASE 1 Type: RMF TAZ: Subdiv Nbr: 100 Project Nbr.2003120051 Payor: LODGE/ABBOTT ASSOC • Fee Information Fee Code Description GL Account Amount Waived 08DEP1 LDIST 1 ROAD COA DEPOSIT 33116365036350031331 $329334.00 Total $329334.00 • Payments Payment Code Account/Check Number Amount CHECK 1202 $329334.00 Total Cash $0.001 Total Non-Cash $329334.00 Total Paid $329334.00 Memo: Cashier/location: MURPHYLINDA / 1 User: FLORISROGERS Collier County Board of County Commissioners Printed:6/9/2008 2:47:31 PM CD-Plus for Windows 95/NT 9A • . • ; >al 5 U i an °° ... F 0 ,i6" ..s_t •A N P, ¢' F U 5 R Q W 4- V d H 1 CO Q z W a a .. .-....-* i a 2 a o e a) m o I g g W e t. ° A c �V FiIIi N cz, I O O C04 Ig r cc -co6 0 V co ap o d CI ; = U A w a • • t 2 flu a �.-i N in ay •w , 0• V N x = i • § xl ii R ,n as re 0 2 a �, E N r z g o .0 irl• w esrr V U Q W � `o O U Cj RI z o o 'o r a W W ▪= a ° o o a • w • 9 ,' • • _ • • . . Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date _ Post Date Payment Slip Nbr j 839411 _. 6/9/2008 2:39:18 PM 6/9/2008 AR 5284 1 Appl Name:VANASSE DAYLOR Appl Stage/Status: REVIEW STAGE NO.2/PENDING Address:JAY WESTENDORF 12730 NEW BRITTANY BLVD SUITE FT.MYERS FL 33907 Proj Name: KINSALE CONDOMINIUM PHASES II-VI Type: RMF TAZ:0 Subdiv Nbr: 100 Project Nbr:2003120052 Payor: LODGE/ABBOTT ASSOC Fee Information • • Fee Code Description GL Account _ Amount Waived 08DEP1 J,DIST 1 ROAD COA DEPOSIT 33116365036350031331 81267935.90 Total $1267935.90 • Payments • •• : Payment Code T Account/Check Number _ Amount CHECK 1i203 $1267935.90 Total Cash $0.00 Total Non-Cash 1267935.90 Total Paid $1267935.90 Memo: • i . Cashier/location: MURPHYLINDA / 1 User. FLORISROGERS • • • Collier County Board of County Commissioners Printed:6/9/2008 2:45:46 PM CD-Plus for Windows 95/NT • • Ci �a � a- W .w.. Id Y Lp x 41 CI)< <w L,41 W,7,z ii >a Iwo lni a�OZ OCT L • us.• {iA'AA Q 3 JJ O !� a E5 VOd H° �/ ZO CO ouc, Wz yc 0o g U Sa Wz JPJ tim z U o Q £ IC)c.i Y o = J O_ o ah Te z tL O W & $ 7 Y . ,,":13 . --- -,_ A tirIS if t. 1.1 U i _._• 7 t!„..6�Q rs l J ss O J N3 iiiii `�q v:G S K 4 N -:71,-;',;. � to w��{U• � ' ;* [ O V/2. a d `. .•.:::::::::.:•:.:..:::::::::....:.:,' . 1 -.,...1f-A-1 .ic2,...., I •...-:-/Att, \ \ \ \ \ N -,\:;,%\-:.:-........:.:.:.:...:..:::.:.:.:.:.:.:.:....--.-'.'-' ( \ _i____ \ ‘k \\:, \'\ N's \' \ \,, t4iii\--.\-%..--•::::::::•,::::::::,..L::::::L:::::::,,,....:::::::::::......:...:,..:.•,..,.:-.,::: • Itk\.\‘.1\ I p e. ,C \ N r d\ \ } C tn Z3 a $ 0 a S • w V • N / z Ar._..\ .. C-. i J wd►L:SGCCI. laill..V'SLLItLOZ NMWPSY/DT1•QQ701.4oEdWQ.Oti3 9A . omega Consulting Group Cocohatchee Bay PUD Drainage System Statement November 2013 I. PROJECT DESCRIPTION The drainage system for the Cocohatchee Bay PUD development will be designed in accordance with Collier County and South Florida Water Management regulations. The entire 626-acre parcel has already been permitted with both agencies, but will undergo an amendment to those permits to reflect change brought about by this zoning amendment. II. EXISTING CONDITIONS • The existing site is a combination of undisturbed land, uplands, and wetlands. The property is divided into two main basins by Vanderbilt Drive.The Western basin, with 452 gross acres has +/-67 development acres. The remainder will be in preserve or below the Mean High Water (MHW) line. The existing runoff pattern is to the south and west, into the wetlands and/or open water along the property's western side. The 174 acres of property east of Vanderbilt generally flows southwest. The eastern portion of this basin drains through the existing Tarpon Cove wetland system, which in turn flows under Wiggins Pass Road,then south to the Cocohatchee River.The western portion of this basin flows southwest into the Wiggins Pass Road conveyance system, then into the Cocohatchee River via the Vanderbilt Drive swale.The eastern basin also accepts runoff from approximately 540 acres of developed property to the north.The permitted and designed runoff from those developments is approximately 60 cfs. Ill. PROPOSED CONDITIONS • In accordance with Collier and SFWMD regulations,the project will be designed to A)treat the initial runoff, or water quality volume, either through wet or dry detention; and B) attenuate the runoff from a 25-year, 3-day design storm event.Runoff discharges for the onsite basins will be limited to 0.13 cfs/acre, in accordance with Collier County regulations.The existing runoff from the north of the eastern basin will be routed through the property, in accordance with their respective discharge rates. A series of sub-basins with control elevations relative to the existing conditions (current permit and wetland indicators)will be designed and multiple control structures will be installed to attain the different basins' control elevations.The ultimate outfall for the eastern basin will be through a pipe and swale system under Wiggins Pass_ road and along Vanderbilt Drive to the Cocohatchee River, as has been previously designed and permitted. The outfall for the western basin will be to adjacent wetland systems via spreader swales to mimic sheet-flow runoff characteristics. Parking lot grades will be at or above a 10-year,24-hour storm event. Parking lot drive aisles and roadway crowns shall be at or above the peak stage of a 25-year, 3- day storm event.A perimeter berm system will be placed around the outside of the basins at or above the 25-year storm event. Building finished floor elevations will be set at the higher of the FEMA minimum elevation or the calculated 100-year,zero discharge storm event peak. 5620 Sonnen Court • Fort Myers,Florida 33919 9A • • Qmega Consulting Group October 2013 Cocohatchee Bay PUD Utility Statement WATER SYSTEM Existing System: There is a 12" potable water main along Vanderbilt Drive and Wiggins Pass Road which would be tapped to provide potable water for the project.This water main is supplied from both of the Collier County water treatment plants because the county water system is interconnected. The permitted capacity of the county water system is 52.0 million gallons per day (MGD). The average daily usage is 22.5 MGD. Proposed Project Demands: Total project buildout=870 units • Assume:200 SF units and 670 MF units Population per unit(Per Collier County data): Single Family: 1.81 persons/unit x 1.2 peak factor for modeling=2.17 persons Multi-Family: 1.42 persons/unit x 1.2 peak factor for modeling= 1.70,persons Total population: 200 SF units x 2.17 = 434 persons 670 MF units x 1.70 = 1,139 persons Total =1,573 persons Peak hour demands are estimated using a peaking factor(PF)from"10 State Standards". PF = (18+(P)'1')/(4+(P)h),where P=population/1000 = (18+(1.5 73)x )f(4+(1.573)½) = 3.66 Peak Hour Factor • Potable water demands: 1,573 persons x 170 Gallons Per Day(GPD)per capita(County LOSS) =267,410 GPD Average Daily Flow(ADF) Peak Demand=267,410 GPD/24 hrs/day/60 min/hr x 3.66 PF=670 GPM(Peak) Therefore,there is available potable water capacity for the project. • 5620 Sonnen Court• Fort Myers,Florida 33919 • 9A • • Cocohatchee Bay POD C2 . • Utility Statement—October 2013 Page 2 WASTEWATER SYSTEM Existing System: There is a 20"force main on the east side of Vanderbilt Drive north of Wiggins Pass Road,and a 16" force main along Wiggins Pass Road. The sewer service would be provided by a pump station on the west side of Vanderbilt Drive that would connect to the 20" force main ; and a pump station on the north side of Wiggins Pass Road that would connect with the 16" force main. The force mains are connected to the Collier County North Wastewater Treatment Plant which has a permitted capacity of 24.1 MGD.The current average daily flow into the plant is 7.8 MGD. • • Proposed Project Flows: Total project buildout=870 units Assume:200 SF units and 670 MF units Population per unit(Per Collier County data): Single Family: 1.81 persons/unit x'1.2 peak factor for modeling=2.17 persons Multi-Family: 1.42 persons/unit x 1.2 peak factor for modeling= 1.70 persons Total population: • • 200 SF units x 2.17 = 434 persons 670 MF units x 1.70 = 1,139 persons Total' • =1,573 persons Peak hour flows are estimated using a peaking factor(PF)from"1.0 State Standards". PF = (18+(P)'%)/(4+(P)s),where P=population/1000 = (18+(1.573)% )/(4+(1.573)%) = 3.66 Peak Hour Factor • • Wastewater Flows: 1,573 persons x 120 Gallons Per Day(GPD)per capita(North County WWTP LOSS) =188,760 GPD"Averaee Daily Flow(ADF) • Peak Flow= 188,760 GPD/24 hrs/day/60 min/hr x 3.66 PF=480 GPM(Peak) Therefore,there is available sewage treatment capacity for the project. • • y ,_S N,-..-t, F. ,•-•• O :^ O(' ' t .7i's,,` F' Z a C a -s o ' V- z 3 3 L a fU "~ °` 3 p O. 3 O o t5 ;; ^� J j 'R c Oq a. cr T rn -0 N fD x VY, . err _ .O 3 ID 3 '''CI 1 T R a '^ O n �o y I'! �� I-- '-� t- ;. '�' xr, a O C. C > � 0 7`1 ,.- ",f r to - -z ... T e Q _ N ro ° on rD + eK 0 r - _ rn ,a' C) 1 . -' '\ 1., ' <..�,_ j k--. ? Q, �q .'► Q N 'S A++ CO `.N `t ( •. J IIi ! 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',0•il." 1 S' '#e. shift B' 4k, rr x yL f Rg it- t I 1 '+ air at I 1 1 .4., , I :I ui,, 64 ...;:„. yo,...,.._401._ 1 . ::.,::._!.. 4.,, I _ 1 1 viiPh., IlLio,„_;_41 41"'" 00 f 1 _ / IT 1 tirw _ 1 r - . i • _ f 4/ ' _ 9 A �. 1 1 2 TRANSCRIPT OF THE 3 NEIGHBORHOOD INFORMATION MEETING 4 FOR COCOHATCHEE BAY MPUD 5 March 19, 2014 6 5:30 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD GRANT, ESQ. 13 JAY WESTENDORF 14 NORM TREBILCOCK 15 TIM HALL 16 17 18 19 20 21 22 23 24 25 9A 2 1 MR. ARNOLD: We're going to do our very best 2 to get through the process. 3 MULTIPLE VOICES: Louder. (Indiscernible) . 4 MR. ARNOLD: We'll do our best. Let's all be 5 civil, please. 6 MULTIPLE VOICES: (Indiscernible) . 7 MR. ARNOLD: Maybe if we all try to keep the 8 sound -- 9 MULTIPLE VOICES: (Indiscernible) . 10 MR. ARNOLD: The property that we're 11 discussing is the Cocohatchee Bay property. It's 12 located on both sides of Vanderbilt Drive, north 13 and south of Wiggins Pass, west of Vanderbilt. 14 The property was originally zoned back in 2000 15 for 590 units of high-rise development back in the 16 year 2000. The developer proposed to make some 17 changes in 2007. Those plans didn't materialize 18 and there was a settlement agreement between 19 Collier County and the property owner that 20 established the rights they have today, which is 21 for 590 residential units, which do include towers 22 on the west side of Vanderbilt Drive and the golf 23 course property that's on the east side of 24 Vanderbilt Drive. 25 What we're proposing today are changes to the 9A 3 1 document. They're -- I call them some -31/1111 2 generally, I'd call them out as the highlight 3 amendments, because the document is a very messy 4 document. We've prepared it in strike through and 5 underlined format. And I'm happy to get anybody a 6 copy who's willing to leave their e-mail address on 7 the sign-in sheet that's going around. I'm happy 8 to get documents to you as we submit to the county 9 so you can remain current, as some of you may go 10 north for the season. And we're happy to keep you 11 in the loop. 12 And I just thought, go through the highlights. 13 It's a big crowd. I want to get your feedback. So 14 I won't spend a lot of time doing the presentation 15 other than to hit the high points. 16 We have some graphics at least up on the 17 board. That is the boundary of the property. 18 MULTIPLE VOICES: (Indiscernible) . 19 MR. ARNOLD: The problem we're having, the 20 church is having, the church is having a hard time 21 getting their projector to project on their 22 screens, so we're going to have to make do the best 23 we can. 24 MULTIPLE VOICES: (Indiscernible) . 25 UNIDENTIFIED MALE VOICE: Put the screens up. 9A 4 1 MR. ARNOLD: We're trying. 2 UNIDENTFIED MALE VOICE: Put the screens up. 3 UNIDENTIFIED FEMALE VOICE: We don't know how. 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. ARNOLD: Folks, could we -- let's try to 6 make do with what we have and I'll (indiscernible) . 7 MULTIPLE VOICES: (Indiscernible) . 8 MR. ARNOLD: Where's the church guy who 9 (indiscernible) ? That's what they're asking. 10 UNIDENTFIED MALE VOICE: (Indiscernible) way 11 of doing things. 12 UNIDENTIFIED FEMALE VOICE: Oh, my gosh. 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: The problem we're having, 15 apparently, the audio visual equipment is connected 16 directly to the screen. So they come down once 17 it's automatically plugged in. We're trying to 18 find somebody from the church who can 19 (indiscernible) . So I apologize. This is not -- 20 this is less than a perfect setup for certain. 21 MULTIPLE VOICES: (Indiscernible) . 22 MR. ARNOLD: So let me just go ahead and 23 continue on if I could. 24 We have an outline of the property that shows 25 you (indiscernible) . 9A 5 1 MULTIPLE VOICES: (Indiscernible) . 2 MR. ARNOLD: Folks, could we please. 3 UNIDENTIFIED FEMALE VOICE: We cannot see it. 4 MULTIPLE VOICES: (Indiscernible) . 5 UNIDENTFIED MALE VOICE: We can't see it. 6 UNIDENTFIED MALE VOICE: Can't see anything. 7 MULTIPLE VOICES: (Indiscernible) . 8 MR. ARNOLD: We're doing our best, so just 9 bear with us. 10 MULTIPLE VOICES: (Indiscernible) . 11 UNIDENTIFIED FEMALE VOICE: We can't see it. 12 We can't see it. How are we going to 13 (indiscernible) . 14 MR. ARNOLD: Okay. I will verbalize the best 15 I can of what we're proposing (indiscernible) . 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: So one of the things that we're 18 doing, one of the changes we're making to the 19 project is we're adding a 94-acre parcel that's on 20 the west side of Vanderbilt. 21 UNIDENTFIED MALE VOICE: (Indiscernible) . 22 (Booing. ) 23 UNIDENTFIED MALE VOICE: I would ask them to 24 allow you to talk without interruption. And then 25 they can (indiscernible) . 9 A M 6 1 MULTIPLE VOICES: (Indiscernible) . 2 MR. ARNOLD: Could I please try to get through 3 part of this presentation? I apologize. It's less 4 than ideal. 5 MULTIPLE VOICES: (Indiscernible) . 6 MR. ARNOLD: And I think we may need to do 7 that, but for those -- can I please speak? 8 UNIDENTFIED MALE VOICE: No. 9 MR. ARNOLD: Please. 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: You know, I appreciate every one 12 of you took time out of your schedule to be here 13 tonight. 14 UNIDENTFIED MALE VOICE: That's right. 15 MR. ARNOLD: And that's why I don't want to 16 waste that opportunity to at least get through 17 (indiscernible) . 18 MULTIPLE VOICES: (Indiscernible) . 19 MR. ARNOLD: And if we need to do a secondary 20 meeting, if that's the wishes, then so be it, but 21 let me at least, for those people who have taken 22 time to come tonight, try to get through the 23 changes that we're making to the document. 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: I think that's going to be more 9A 1 distracting in trying to set up than for me just to 2 do it. 3 UNIDENTFIED MALE VOICE: Pardon? 4 MR. ARNOLD: I think that's more distracting 5 for them to be setting up while we're doing this. 6 UNIDENTFIED MALE VOICE: I think we just need 7 to forget the visuals. 8 MR. ARNOLD: Okay. 9 UNIDENTFIED MALE VOICE: Just keep doing what 10 you have to do. 11 UNIDENTFIED MALE VOICE: I think you just need 12 to run through (indiscernible) . 13 UNIDENTIFIED FEMALE VOICE: Just keep going. 14 UNIDENTFIED MALE VOICE: And we're going to do 15 a redo. 16 MR. ARNOLD: I'm going to keep going through 17 some of our proposed amendments as they continue to 18 work on the visuals. 19 Again, as I mentioned, we're having a 94-acre 20 parcel of property north and west of our current 21 boundary. That area is going to be preserved as 22 part of our project. We are increasing the number 23 of dwelling units in the project from 590 to 870. 24 MULTIPLE VOICES: (Indiscernible) (Booing. ) 25 MR. ARNOLD: While that may be of some 9A 8 1 distaste to you, it is certainly within the limits 2 of what is allowable under the county's 3 comprehensive plan. 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. ARNOLD: And, again, as I have heard many 6 of you discuss, one of the more significant changes 7 on our master plan that we propose is the 8 elimination of the golf course, and that was 9 identified - 10 MULTIPLE VOICES: (Indiscernible) (Booing) . 11 MR. ARNOLD: -- for the eastern parcel of the 12 project. And we are now proposing to put 13 residential dwelling units and an amenity in the 14 residential area on the east side of Vanderbilt 15 Drive. 16 UNIDENTFIED MALE VOICE: Can you point it out 17 on something (indiscernible) you're talking about 18 something? That would be helpful. 19 MR. ARNOLD: They're not going to be able to 20 see that (indiscernible) . 21 MULTIPLE VOICES: (Indiscernible) . 22 UNIDENTIFIED FEMALE VOICE: Pick one. Show 23 the other. They're not even (indiscernible) . 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: (Indiscernible) acres 9A 9 1 (indiscernible) . 2 Folks, please, please. 3 MULTIPLE VOICES: (Indiscernible) . 4 MR. ARNOLD: May I please -- 5 MULTIPLE VOICES: (Indiscernible) . 6 MR. ARNOLD: Let me please run through the 7 changes for those who took the time to come out and 8 I don't have that many more things I need to get on 9 the record. So if I could, please. 4 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: We're also adding some additional 12 deviations to support the residential development. 13 The project was approved many, many years ago in a 14 different form than the county now uses, so some of 15 the things were called substitutions, are not 16 deviations, so we're reformatting that and adding a 17 few new ones. 18 Again, we are identifying areas both east and 19 west for residential dwellings. The high-rise 20 development will remain on the west side of 21 Vanderbilt Drive. 22 MULTIPLE VOICES: (Indiscernible) . 23 MR. ARNOLD: The -- as you're looking 24 (indiscernible) toward the Gulf is the west side of 25 the property, and that's where continued high-rises 9A 10 1 will be. 2 The project will still have its extensive 3 preserve areas. 4 MULTIPLE VOICES: (Indiscernible) . 5 UNIDENTIFIED FEMALE VOICE: The 94 acres, is 6 that going to be behind -- 7 MR. ARNOLD: Can we hold questions until I 8 finish? And we need to have all questions on the 9 microphone so the recording can pick them up, okay? 10 MULTIPLE VOICES: (Indiscernible) . 11 MR. ARNOLD: The -- hey, Sharon, which is -- 12 UNIDENTIFIED FEMALE VOICE: Louder, please. 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: (Indiscernible) Sharon, point to 15 some of this as we go through it. I'm going to 16 have Sharon highlight the new acreage that we're 17 adding. You see that's the current property 18 boundary. Sharon, you're going to have to drop 19 that down just a little so they can see it. 20 The area to the top left, it's about 94 acres, 21 and it's being added to this PUD. 22 UNIDENTIFIED FEMALE VOICE: What are you going . 23 to do with it? 24 MR. ARNOLD: That is going to be preservation 25 area on our master plan. • 9A 11 1 UNIDENTFIED MALE VOICE: It's already 2 preservation. 3 MULTIPLE VOICES: (Indiscernible) . 4 MR. ARNOLD: Please, everybody, please. Can I 5 please finish the presentation? There will be 6 plenty of time for questions and comments. 7 This is a copy of the existing PUD master plan 8 that depicts the residential development tract west 9 of Vanderbilt Drive. It has a golf course parcel 10 to the east and it made provisions for a small, 11 multi-family residential tract to the east. 12 UNIDENTIFIED FEMALE VOICE: Two homes 13 (indiscernible) . 14 MR. ARNOLD: The proposed master plan -- 15 Sharon, I think you may have that one cued up next. 16 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 17 because we don't have an attorney. 18 MR. ARNOLD: This is our proposed master plan 19 and you can see that we've kept the R-1 tract 20 designation to the west. The eastern parcel on the 21 east side of Vanderbilt Drive, we're redesignating 22 the large tract as R-2. 23 And then the fingers, we call it, which is the 24 parcel that goes all the way out to U.S. 41, is 25 being designated as an amenity and residential 12 9A 1 tract. And that would support community 2 maintenance, tennis courts, tennis club potentially 3 residential development units and a few other 4 community clubhouse-type uses. 5 I'll point out, and Sharon, if you can point 6 out, I'll point out our project access points for 7 you. We have one access point on Wiggins Pass 8 Road. We have three accesses on Vanderbilt Drive, 9 two that align -- that were existing. We had one 10 proposed at the north end of the property, to the 11 west side -- 12 UNIDENTFIED MALE VOICE: Where's one? 13 MR. ARNOLD: And then, Sharon, if you'll point 14 out also our access out to U.S. 41 for the finger 15 parcel. 16 So those are those access points. You can see 17 that a lot of the property is preserved and 18 submerged lands, and other preservation areas. 19 And, again, that's the newly proposed master plan. 20 Sharon, if you want to go next, I'll just keep 21 going through the slides. 22 This is a conceptualized illustrative type 23 plan with some color that shows you kind of the 24 context of how that looks. You can see we've 25 depicted the high-rise general locations and the 9A 13 1 other residential area to the west side of 2 Vanderbilt Drive. 3 And then on the east, that area was preserve 4 and other open space areas would be the 5 eastern-most residential tract. And Sharon, if you 6 could highlight that amenity and residential area 7 there. 8 UNIDENTFIED MALE VOICE: Do you have that on 9 an aerial? 10 MR. ARNOLD: That shows you sort of in context 11 of your neighborhood, where we are and how we 12 (indiscernible) . 13 MULTIPLE VOICES: (Indiscernible) . 14 MR. ARNOLD: Do you want to move on to 15 (indiscernible) ? 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: Just for some site summary 18 information that we put together, just so you're 19 aware, the total site that was previously approved 20 was about 532 acres. What we're proposing today 21 has 626 acres in it. 22 The county calculates density, those areas 23 above mean high waterline and those -- those are 24 counting toward density. 25 The original plan had about 404 acres. This 9A 14 1 plan has about 461 acres. Originally approved for 2 590. We're proposing 870 dwelling units. 3 You can see the preserve element space number 4 has increased significantly. 5 And then on the last line I've put in there, 6 the project density that's been approved is about 7 1.46. The net change, with our increased units, so 8 it's about 1.89 units per acre based on the 9 county's calculation for density. And probably 10 doesn't mean a lot to you, but under the county's 11 comprehensive plan, we are allowed to seek up to 12 three dwelling units per acre for the property, so 13 we're still significantly below that number. 14 Sharon, we want to move to the next -- again, 15 these are sort of the highlighted provisions that I 16 talked (indiscernible) the first time, again, 17 increasing the acreage of the project, increasing 18 the number of dwelling units, adding single, 19 multi-family -- 20 UNIDENTIFIED FEMALE VOICE: Can't hear. 21 MR. ARNOLD: -- unit development standards for 22 those areas. 23 UNIDENTFIED MALE VOICE: Louder. 24 MULTIPLE VOICES: (Indiscernible) . 25 MR. ARNOLD: (Indiscernible) tennis facility. 9A 15 1 UNIDENTFIED MALE VOICE: There you go. 2 MR. ARNOLD: Is that louder? 3 UNIDENTFIED MALE VOICE: Yes. 4 MR. ARNOLD: And the -- adding location and 5 dimension for the docks, those were highlighted as 6 an (indiscernible) on the master plan. 7 UNIDENTIFIED FEMALE VOICE: Where are docks? 8 UNIDENTFIED MALE VOICE: Where are the docks? 9 UNIDENTIFIED FEMALE VOICE: Where are the 10 docks? 11 MR. ARNOLD: I'll go back to the master plan 12 and point where those are in just a moment. 13 We're adding an amenity residential district. 14 We're also adding (indiscernible) . 15 UNIDENTIFIED FEMALE VOICE: You want to add -- 16 MR. ARNOLD: And we're adding certain 17 deviations to deal with development in concurrence 18 with our development plan. 19 Sharon, could you go back to the proposed 20 master plan for me and I'll highlight the dock 21 area? Sharon's depicting where on our plan the 22 docks will be. They're located just south of the 23 preserve area and just north of the Pelican Isle 24 Yacht Club. 25 We've shown an inset. And on the master plan, 9A 16 1 it depicts the configuration of those. Tim, I 2 believe there are 35 docks that are proposed? 3 MR. HALL: Right. 4 MR. ARNOLD: And we're including the docks in 5 this submittal because the county -- we would be 6 required to go through a boat dock extension 7 application. We're including these as a deviation 8 to go through the process with one series of public 9 hearings rather than to come back and do that as a 10 secondary set of hearings. Thought it would be 11 easier to deal with everything (indiscernible) . 12 UNIDENTIFIED FEMALE VOICE: Is it the back 13 water that becomes docks? 14 UNIDENTIFIED FEMALE VOICE: Yeah, that's the 15 (indiscernible) wetlands. 16 MR. ARNOLD: That's -- can you move back to 17 the other slide? 18 UNIDENTFIED MALE VOICE: Where are the 19 high-rises? 20 UNIDENTIFIED FEMALE VOICE: On the other side. 21 MR. ARNOLD: Sharon will point out -- Sharon, 22 why don't you just circle for everybody where the 23 docks are on that plan, where the high-rise tracts 24 are west of the roads, all of that, and then the 25 residential tract east of the road and then our 9A 17 1 (indiscernible) residential areas highlighted in 2 the tan color. 3 UNIDENTIFIED FEMALE VOICE: How do you get to 4 the docks? 5 UNIDENTFIED MALE VOICE: (Indiscernible) . 6 UNIDENTIFIED FEMALE VOICE: How do you get to 7 the docks? 8 MULTIPLE VOICES: (Indiscernible) . 9 MR. ARNOLD: The -- again, this plan is 10 conceptual (indiscernible) . 11 If I could ask everybody to please be quiet. 12 We're going to get through this really quickly and 13 I'll be happy to hear from anybody. It's hard to 14 hear over everybody else, so let's please keep that 15 in mind. 16 So that really is the highlight of our changes 17 that we're proposing to do. Again, there are other 18 numerous changes that we're making. 19 I also want to remind everybody. I don't know 20 where the sign-in sheet is, but the county asked us 21 to try to get a sign-in sheet the best we can, and 22 if somebody could keep that moving through the 23 process, I would appreciate it very much. 24 UNIDENTIFIED FEMALE VOICE: Where's the 25 sign-in -- 9A 18 1 MR. ARNOLD: What's that? 2 UNIDENTIFIED FEMALE VOICE: Tell them the 3 sign-in sheet is coming around. 4 MR. ARNOLD: The sign-in sheet is coming 5 around. I don't know where it is in the room at 6 the moment. It's back here. 7 UNIDENTIFIED FEMALE VOICE: Why don't you have 8 a couple for this size? 9 MR. ARNOLD: We're doing the best we can, 10 okay? 11 MULTIPLE VOICES: (Indiscernible) . 12 MR. ARNOLD: Let me just again explain where 13 we are in the process. This is kind of the first 14 part of a process that takes many months. We've 15 been in the review process since I think back just 16 before the first of the year. 17 So staff has had an initial round of comments, 18 and we have not resubmitted. We purposely held off 19 resubmitting because we wanted to hold the 20 neighborhood meeting, find out what some of the 21 issues may be that we can address in our 22 resubmittal to the county and then get back in. 23 And the process takes several months, but 24 getting to the planning commission from here could 25 probably take us several other months, but it's 9A 19 1 likely that if this moves through in a normal 2 fashion, we would have hearings in probably six 3 months or so and that would not necessarily be in 4 season, so we wanted to make sure that we got the 5 information out to you while many of you were still 6 here. 7 We have heard from many of your neighbors that 8 they've already gone north, et cetera. So we've 9 taken and responded to many of those e-mails that 10 we've received and do the same for anybody else who 11 wants to do that. 12 UNIDENTIFIED FEMALE VOICE: Can you have 13 (indiscernible) . 14 MR. ARNOLD: Uh-huh, right. 15 So we have not scheduled public hearings and I 16 don't even have a time frame that I could tell you 17 roughly what that is. It's just going to be an 18 evolution of how many iterations staff wants to 19 see. We're amending the PUD document and the other 20 agreement that was established back in 2008. 21 So this is going to take us some time and 22 appreciate you all coming out. 23 What I'd like to do, anyone who wants to 24 speak, I'm going to have to ask you to come forward 25 and speak into the microphone. And if you want to 9A 20 1 get a little line going or something, that might be 2 helpful just to move it along, and we could try to 3 capture -- the county requires that we tape this. 4 So it's -- it's helpful if we can all be quiet so 5 we can pick up the recording. 6 Your planning commissioners listen to these 7 tapes. Your county commissioners listen to the 8 tapes and read the transcript. So it's important 9 that they understand the context of what we're 10 doing. 11 I promised the gentleman from Tarpon Cove that 12 he could speak first. He's with the association. 13 Sir, do you want to come up and make a comment? If 14 you can give your name for the record, I would 15 appreciate it. Talk loud. 16 MR. SHIELDS: Yes. My name is Mike Shields 17 (phonetic) . And I asked to speak earlier only to 18 ask for some decorum. I understand this is a very 19 passionate thing for us, and we need to get through 20 it. We can't get through it if everybody is 21 talking at the same time, but I will give them a 22 chance, but I appreciate everyone out here allowing 23 this thing to get to this point. 24 Again, I just want to say I live right next to 25 -- on the finger part there. And when I bought 9A 21 1 there, it's this great place. And I believe in 2 development, but what's happened so far along 41 is 3 becoming -- it's very noisy for us on the personal 4 side. 5 When I see the finger area there, that's right ++w 6 next to where we live. So, obviously, there's some 7 concern. And as the president of our association, 8 I've heard a lot of people come to me and there's 9 some other concerns, but I'm going to ask them to 10 give them to you directly, so that's 11 (indiscernible) . Thank you. 12 MR. ARNOLD: Thank you. Sir, if you don't 13 mind giving your name, too. That would be great. 14 MR. SCHNEIDER: My name is Leo Schneider 15 (phonetic) . I live in Cove Towers. I basically 16 have two questions. 17 Will Wiggins Pass Road be widened? And what 18 type of home, style homes are going to be built 19 where the golf course was going to be built? 20 MR. ARNOLD: I'll take my best shot. The -- 21 as I understand it, all the right-of-way has 22 previously been dedicated to Collier County for 23 both Wiggins Pass and Vanderbilt Drive. The county 24 would be responsible for making any proposed 25 roadway improvements to Wiggins Pass Road. 914 22 1 I don't believe -- Norm Trebilcock, our 2 transportation engineer, is right there. He may 3 want to give you a more specific answer, but the 4 general answer is we don't trigger necessary 5 improvements to our project other than providing 6 appropriate turn lanes for the project. 7 MR. TREBILCOCK: Right. That's correct. 8 Again, my name is Norm Trebilcock. I did the 9 traffic study for the project. And the development 10 has provided additional right-of-way to the county 11 so that in the event they are able to do the 12 widening of the road, they can, but in terms of the 13 project itself, it doesn't trigger four-laning or 14 anything like that on the roadway. Thank you. 15 UNIDENTFIED MALE VOICE: Type of home. 16 MR. ARNOLD: Okay. The second part of that 17 question was what type of homes that we're going to 18 be building. And we made provisions for there to 19 be single family and multi-family, nonhigh-rise. 20 And we made a provision for other structures to be 21 a maximum of 60 feet in height. The multi-family 22 and single family residential have a zoned height 23 of 35 feet in our proposal. 24 UNIDENTIFIED FEMALE VOICE: Is that what's 25 proposed in the golf course area? 9A 23 1 MR. ARNOLD: I'm going to have to get all 2 questions on the microphone, ma'am. 3 UNIDENTIFIED FEMALE VOICE: That was the 4 question. 5 MR. WEIDENFELD: Yes. My name is John 6 Weidenfeld (phonetic) , Villages of Emerald Bay. 7 And I believe I have a three-part question. 8 The first part is why was the additional 94 acres 9 added to the project? Was that due to the increase 10 in population in your project or is there another 11 reason? 12 Secondly, does that land, which you're setting 13 aside as preserve, is that guaranteed to be 14 preserve forever? 15 MULTIPLE VOICES: (Indiscernible) . 16 MR. WEIDENFELD: And is your guarantee on that 17 better than your guarantee not to come back with an 18 increase as you guaranteed to the commission many, 19 many years ago? So we want to make sure that your 20 guarantee this time is going to be kept. Okay? 21 The third part -- and I've lost track of where 22 I was on this. That will do for now. 23 MR. ARNOLD: Dick, do you want to respond? 24 MR. GRANT: I' ll answer the questions. My 25 name is Dick Grant. I 'm the lawyer. So you can 9A 24 1 throw rocks at me if you want. 2 The first question was why was -- why is the 3 94 acres being added. The answer is because the 4 client owns the land and it was decided that it 5 ought to be part of the same planned unit 6 development, and it does create additional land 7 area that does allow for county density, okay? So 8 that's the honest answer. 9 MULTIPLE VOICES: (Indiscernible) . 10 MR. GRANT: In terms of its use, it's being 11 designated as a preserve area and as long as the 12 zoning continues to designate it as preserve area, 13 were the zoning to be approved as requested, then 14 it will remain that way. 15 I think that -- I think those were your two 16 questions, right? You said three, but I think I 17 only hear two questions. 18 MR. WEIDENFELD: So that will stay as a 19 preserve area provided the zoning isn't changed, 20 you say? Now, what's the guarantee that you folks 21 won't come back after this is completed and say now 22 we want to extend this, can we have a zoning 23 change? Will you push for a zoning change after 24 this is completed? 25 UNIDENTIFIED FEMALE VOICE: Of course, they 9A 25 1 will. 2 MR. GRANT: I don't want to engage in an 3 argument or a debate, but the honest answer is that 4 people that own property that has been zoned can 5 always ask to have it changed. It doesn't mean 6 they're going to get it, okay? But they can ask. 7 MR. WEIDENFELD: Well, we know how things work 8 in Collier County. 9 MR. GRANT: I don't know that that's the case, 10 but, again, I don't want to debate that point. 11 There is a process here. We are in the beginning 12 of the process. There are going to be two public 13 hearings where action will be taken, the first one 14 being the planning commission, which is purely a 15 recommendation. It's advisory. And then the 16 ultimate real decision will be the Board of County 17 Commission, and you all will have the opportunity 18 to be part of that, and we are here to try to 19 explain to you what the owner proposes to do as 20 best we can. 21 I'm sorry about the circumstances. I don't 22 know that it's that complicated. And we're also 23 here to listen, okay? We're not -- we're here to 24 listen, okay? It doesn't mean we will agree with 25 things that is said. It doesn't mean that because 9A 26 1 somebody doesn't like something or feels it's a bad 2 idea that we may have a client that is willing to 3 change it, but people listen, okay? So this is -- 4 this is designed as a two-way street. It's to 5 inform you and for us to listen and we go forward. 6 Okay? 7 MR. ARNOLD: Thanks, Dick. 8 MR. HOLTZ: My name is Josh Holtz (phonetic) . 9 I'm a resident of Collier County, North Naples, and 10 I have been for 20 years with my wife. 11 I'd like to make a couple concept comments. 12 And the first is the use of the word "entitled." 13 And I don't like that. I really think that 14 something broader is involved. 15 When Kennedy was inaugurated and Robert Frost 16 was a poet laureate and he said the land was ours 17 before we were the land. And there's a sense of 18 community about the land and there's a sense of 19 participation and involvement about being a good 20 neighbor, and I think that this group should 21 compromise their proposals and find something that 22 is more even handed than the densities that they're 23 asking for now and the involvement that they're 24 asking for now. Thank you. 25 (Applause. ) 9A 27 1 MS. PARSONS: My name is Dorothy Parsons 2 (phonetic) and I live at Arbor Trace. 3 I have some questions. I want to know about 4 not only this 94 acres, but also all along Hickory 5 Creek, there's all mangroves down there, and we 6 were -- I understood, having lived here for over 7 ten years in this area, that this was all supposed 8 to be wetlands and mangroves that were not supposed 9 to be ever touched by anything. 10 MR. GRANT: Where exactly are you talking 11 about? 12 MS. PARSONS: Okay. I live in here. 13 UNIDENTFIED MALE VOICE: Can you point on the 14 screen here? 15 MS. PARSONS: I don't know how to go up there. 16 But all of this area. 17 MR. ARNOLD: Can you hold on one second? 18 MS. PARSONS: It's where you're going to build 19 the high-rises. 20 MULTIPLE VOICES: (Indiscernible) . 21 UNIDENTFIED MALE VOICE: We didn't see it. 22 Somebody walked in front of it. 23 MR. ARNOLD: We're going to bring up the 24 illustrative plan that's a little bit more context, 25 I think, for all of us to talk about. 9A 28 1 The area, ma'am, that -- the boat docks 2 proposed is here. All of this remains a preserve 3 area. The development area is up here north of 4 Wiggins Pass. 5 MS. PARSONS: I know, but I'm talking about 6 before, they were going to cut down trees and make 7 a fake tree for the eagles. Now what are they 8 going to do now? I mean, are they going to make 9 fake mangroves for the fish? 10 (Applause. ) 11 MR. ARNOLD: I can let our biologist respond 12 in a more specific way, but I don't believe it's 13 the intent of the developer -- and, Tim, you 14 obtained all the permits. Do you want to come and 15 address the mangroves, which is the question? 16 UNIDENTFIED MALE VOICE: (Indiscernible) . 17 MR. ARNOLD: This is the -- 18 MS. PARSONS: Well, my understanding is that 19 both the state and the federal government, the 20 state and the federal government are supposed to be 21 protecting this. So I don't know how you even got 22 to buy this property and why you're putting housing 23 and boat docks where they're not supposed to be in 24 the mangroves. 25 (Applause. ) 9A : 29 1 MR. ARNOLD: Well, the easy answer to that is 2 there are both state and federal requirements for 3 permitting projects that are in areas that have 4 wetlands or mangroves or even upland areas that are 5 considered significant because of wildlife or the 6 type of vegetation. So there are permitting 7 processes. 8 The developer has already gone through much of 9 that process for especially the high-rise pad. And 10 Tim, I think you did all of that permitting, 11 including -- so maybe you didn't, but you're well 12 aware of the permits we have. 13 MR. HALL: Yeah. The docks aren't changing as 14 part of this proposal. They're already permitted 15 in the location where they're shown and they have 16 been for many years. 17 MS. PARSONS: Well, how are the people 18 supposed to get over to those docks if they're 19 going to be over here? 20 MR. HALL: All of the docks are just in this 21 little waterway coming out from like where the 22 county park is. There's no docks proposed anywhere 23 further north along the waterway. They're all in 24 that one (indiscernible) . 25 MS. PARSONS: So you're not going to damage 9A 4 30 1 this area? 2 MR. HALL: You'll get to them through a 3 boardwalk the same way that many other facilities 4 do. There's a boardwalk out to the docks. 5 MS. PARSONS: How many docks do you plan? 6 MR. HALL: There's 35 permitted. 7 MS. PARSONS: Okay. Now, I have another 8 question. I want to know -- I also want to know 9 about the road. Vanderbilt Drive, at the moment, 10 it's hard for us to get in and out of our 11 developments along the way, especially with the 12 season, in season. 13 Now, if we get another thousand, two thousand 14 people in the area, how are we even going to ever 15 get out? We're going to be stuck where we are. I 16 don't know. Nobody is talking about the traffic 17 pattern. 18 (Applause. ) 19 MR. ARNOLD: Collier County does mandate that 20 we provide a detailed traffic analysis, looking at 21 the impacts on all the surrounding roads or any of 22 the segments of roadways that we touch. 23 Norm Trebilcock has prepared our engineering 24 and transportation analysis looking at those 25 potential impacts, and I drive the road every day, 9A 31 1 too. My office is just up the street from where 2 you live, and this time of season, it's busy 3 everywhere in southwest Florida, including 4 Vanderbilt Drive. 5 And we'll (indiscernible) respond. 6 MR. TREBILCOCK: Thank you. Probably a couple 7 of key things I'll have to do in the development, 8 is put in turn lanes and turn bays and things like 9 that for the development. 10 UNIDENTFIED MALE VOICE: We can't hear you. 11 Talk louder. 12 MR. TREBILCOCK: Sorry about that. Yes. 13 Okay. 14 We'll have to put in turn lanes and turn bays. 15 We've also provided the county with additional 16 right-of-way for the widening of the roadways if 17 that's needed down in the future, but this project 18 itself doesn't require the roadways to be widened 19 to four lanes or anything like that, either 20 roadway, but we would provide for a widened path 21 along Vanderbilt Drive. That is in the plan to be 22 done by us as well. 23 MS. PARSONS: Yeah, because we have a lot of 24 cyclists and we're going to have this narrow road 25 with more people and what are we supposed to do? I 9A 32 1 mean, this is bad. 2 MR. TREBILCOCK: Exactly. So a big part of 3 what we need to do when we come in and do the 4 improvements is make sure that they have the proper 5 turn lanes and to maintain the capacity as best 6 possible. So thank you. 7 MR. ARNOLD: Thank you. 8 MS. PARSONS: I guess that's it. 9 MR. ARNOLD: Okay. Thanks. 10 MR. JONES: Thank you for allowing me to 11 speak. My name is Peter Jones. I live at Wiggins 12 Lakes and Preserves. And the board of directors of 13 Wiggins Lakes and Preserves has voted to voice 14 concerns and dismay about this project. 15 (Applause. ) 16 MR. JONES: I'm just going to read part of the 17 letter which will be transmitted. Our primary 18 concern is the elimination of a long-proposed golf 19 course from the 180 plus or minus acres located to 20 the north of Wiggins Pass and the possible 21 substitution of 280 housing units in its place. 22 Added to the already approved 590 units in the 23 five high-rise buildings, this will cause 24 unreasonable increases in traffic congestion and 25 population density in the area. 9A 33 1 Further, according to the very clear language 2 in paragraph eight, which I'm sure you're all 3 familiar with, that if the golf course happens to 4 go away, then this shall remain forever, which has 5 a short shelf life, I guess, forever as green, open 6 space. 7 (Applause. ) 8 MR. JONES: If the developer wishes to 9 eliminate the golf course, we expect the developers 10 to live up to the provision of the agreement and 11 maintain that area as open space. Residents of our 12 community have purchased homes relying on this 13 parcel remaining its green designation and Wiggins 14 Pass remaining a great place to live. 15 We can understand a developer attempting to 16 get out of the commitment to a golf course or open 17 space. The developer obviously wants to make as 18 much money as possible, and that's the way it goes. 19 But we cannot understand Collier County planners, 20 nor Collier County commissioners allowing this even 21 to be considered so close to a 2008 agreement. 22 (Applause. ) 23 MR. JONES: Citizens have chosen the North 24 Naples area to purchase homes and live certain this 25 parcel was protected from further development. We 9A 34 1 looked forward to green space or a scenic golf 2 course to compliment the neighborhood. 3 It is bad enough to allow 590 homes in five 4 huge high-rises. It is inconceivable to burden 5 this area with 47 percent more homes spewing 6 traffic onto the narrow two-lane streets. Please 7 kill this idea quickly and decisively. 8 (Applause. ) 9 MR. JONES: Thank you for allowing me to 10 speak. I have one question and that is on the 11 parcel north of Wiggins Pass, will all of the 280 12 units be located there? 13 MR. ARNOLD: The easy answer to that is we 14 have not allocated dwelling units to either side of 15 the R-1 or R-2. 16 MULTIPLE VOICES: (Indiscernible) . 17 MR. ARNOLD: So to say that all 280 units 18 could be placed there is potentially there. That's 19 something that I'm sure we would be discussing with 20 out development team and with staff planners. 21 MR. DION: My name is (indiscernible) Dion 22 (phonetic) . Some of you may know me. 23 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 24 MR. DION: Excuse me? 25 UNIDENTIFIED FEMALE VOICE: You have to talk 9A 35 1 louder. 2 MR. DION: I do the road, the Adopt a Road 3 program for Collier County. I'm the one that picks 4 up all the trash on Wiggins Pass. 5 (Applause. ) 6 MR. DION: And what I pick on the ground, you 7 have no idea what I pick. It' s unbelievable. 8 Sometimes I have to go to the infirmary just to see 9 what's going on. 10 But in any event, lately, especially this 11 year, this (indiscernible) last year, I've noticed 12 the amount of cars that are driving on Wiggins 13 Pass. Now, it comes to the point where I can only 14 do it on Sunday mornings because with the traffic 15 that we have at the moment, and the thousand cars 16 or more on the road is absolutely unconscionable, 17 and that cannot happen. Thank you. 18 (Applause. ) 19 MR. MARKS: I'm Todd Marks (phonetic) owner in 20 Tarpon Cove. 21 I'm disappointed that we don't have a county 22 commissioner here to answer -- 23 (Applause. ) 24 MR. MARKS: From my perspective, I can see 25 this as a business decision. I'm trying to stand 9A 36 1 back from the emotional impact, et cetera. 2 MULTIPLE VOICES: (Indiscernible) . 3 MR. MARKS: Sorry. I have to shove it in my 4 mouth here. Okay. 5 So I understand the business decision for 6 reopening the judicial decision that was decided 7 years ago. From the -- I understand it from the 8 developer's perspective because it represents a 75 9 to a $100 million profit increase to do so. 10 What I don't understand and what we have to 11 have answered from my perspective is from the 12 commission side. Without assuming anything 13 nefarious, there has to be at least an equivalent 14 economic benefit to the county to open that up 15 again. And if there isn't, they have no business 16 addressing the issue. Thank you. 17 (Applause. ) 18 MR. WILSON: Good afternoon. My name is Dick 19 Wilson. I'm president of Tower Point, a 20 condominium in Arbor Trace. 21 Last evening, I attended a community meeting 22 with 35 of our local leaders. In that meeting, we 23 discussed this project. It quickly became very 24 evident that all of the people attending that 25 meeting were opposed to the county commissioners 9A 37 1 making any change in the previously approved 2 planned unit development. That's the way we felt. 3 (Applause. ) 4 MR. WILSON: Their application is very 5 one-sided. It's all in favor of the developer. 6 There's nothing in there for the neighbors, for the 7 community, and I don't think there's anything in 8 there for the county either. 9 I appreciate all you people who have been 10 standing back in the back, but I'm going to put you 11 to use right now, because we need to give a strong 12 message to our county commissioners, and the way 13 we're going to do it is all those who believe that 14 we should ask the county commissioners to make no 15 change in the previously approved PUD to stand up 16 and say no. Will you do that for me? 17 MULTIPLE VOICES: (Multiple shouts of no. ) 18 (Applause. ) 19 MS. GREENLEAF: My name is Claudia Greenleaf 20 (phonetic) , and I'm a 15-year resident of Tarpon 21 Cove, and several of you here realize that that's 22 this little corner just to the right of the yellow 23 square over here. And you can see where all of our 24 units are, like I said. 25 Every one of us that live in there, 365 9A 38 1 families, bought there because of preserve. And we 2 all worked very hard in 2008 to come up with the 3 language that said would be forever green space 4 should that golf course not evolve. 5 (Applause. ) 6 MS. GREENLEAF: Now, at that time, we were all 7 very aware of the five units that are going over 8 here and what that was going to affect. That is 9 nothing to new to us. What happens to our 10 community right here -- you can see these people, 11 and I'm one of those. I have always lived on the 12 preserve side. I've owned two homes in there now. 13 We watch the wildlife every day. You're 14 suggesting along the strip to 41, which is going to 15 be my backyard, where I have birds and I have deer 16 and everything else, that's going to be a facility. 17 If there are lighted tennis courts, what? 18 Everything is going to be gone, correct? 19 MULTIPLE VOICES: (Indiscernible) . 20 MS. GREENLEAF: And the people that live in 21 this second part over here, they have a creek that 22 runs. And all they're going to look at directly -- 23 now, I would say, first of all, I would encourage 24 them to keep it the way it is, but I would also 25 say, please, we are families that have lived there 9A 39 1 forever, and we look into green space. We have to 2 have green space. 3 And the traffic is just unheard of. We 4 bicycle all the time along those areas. That 5 becomes emotional because another thousand families 6 living along there and that traffic is unheard of. 7 But the bike paths are used all the time, and we 8 don't want to lose any of that in our county 9 either. We have to be friendly to the people that 10 are active around here. Thank you. 11 (Applause. ) 12 MS. REINHARDT: My name is Melissa Reinhardt 13 (phonetic) , and we live in Tarpon Cove. And I ride 14 my bike along on Wiggins Pass practically every day 15 and I see wood storks in the area of where the golf 16 course was supposed to be. Have you checked to 17 make sure they're not nesting in there? 18 (Applause. ) 19 MR. HALL: We have. There is foraging 20 activities that happens in some of the wetlands 21 there on the site. And those are the same wetlands 22 that are being proposed for preservation as we go 23 forward. 24 MULTIPLE VOICES: (Indiscernible) . 25 MS. REINHARDT: In the golf course area, 9A 40 1 though? 2 MR. HALL: Yes. 3 MS. REINHARDT: That's where I see them. 4 MR. HALL: Yes. 5 MS. REINHARDT: I thought that was going to be 6 homes. I didn't think that was going to be 7 preserves. 8 MR. HALL: That's going to be preserves. 9 There will be preserve on that side as well. 10 MS. REINHARDT: Where will the preserve be, 11 then? I thought this was going to be the golf 12 course. 13 MR. HALL: The golf course ran around preserve 14 areas. 15 MS. REINHARDT: Yeah. 16 MR. HALL: And the homes that are being 17 proposed run around those same preserve areas that 18 have been proposed in previous plans. 19 MS. REINHARDT: Oh, okay. So you've checked 20 for wood storks and things like that? 21 MR. HALL: Yes, ma'am. 22 MS. REINHARDT: Okay. 23 UNIDENTIFIED FEMALE VOICE: We didn't hear 24 you. 25 UNIDENTFIED MALE VOICE: We don't know what -- 9A 41 1 MR. DESIATTO: My name is Curry Desiatto 2 (phonetic) . I live in Tarpon Cove. 3 I was a builder and developer for 30 years. I 4 used to be where he's standing. I used to hire 5 these same people, the traffic engineer, the 6 biologist, the engineers and the attorney. I know 7 all about this stuff. 8 I find it personally insulting what the 9 attorney just said a few minutes ago that we tried 10 to describe this because it's a rather simple 11 change. That is bull. If anybody swallows that 12 (indiscernible) . 13 (Applause. ) 14 MR. DESIATTO: My first question is, how many 15 people does -- do you figure per unit for the 870 16 units? How many people are you estimating that to 17 be? 18 MR. ARNOLD: You know, sir, I don't -- we 19 don't estimate by population. The county has -- 20 MULTIPLE VOICES: (Indiscernible) . 21 MR. ARNOLD: That's not how we -- everything 22 we do for traffic analysis, as you well know, it's 23 based on numbers of units and the ITE, which is the 24 traffic institute, establishes ratios for the type 25 of residence that you have. But I don't have a per 9A 42 1 population figure. 2 If it ends up being largely 55 and over that 3 don't have school-aged children, you're probably 4 going to have a number closer to two per household. 5 MR. DESIATTO: Just let's stay with the two. 6 I really think it should be two five, but we'll say 7 two. Multiply that, folks. That's 2,000 people. 8 It's not a thousand people. How many cars would 9 you say that would be? Do you use 1.5 for your 10 estimation for cars, the traffic (indiscernible) of 11 that? How many cars did you figure out? 12 MR. TREBILCOCK: It's vehicles per day. 13 MR. DESIATTO: How many vehicles per day? I 14 saw your -- I already read your report, so I know 15 the answer. 16 MR. TREBILCOCK: Okay. (Indiscernible) . 17 MR. DESIATTO: All right. He already 18 estimated that the morning drive-by traffic will 19 increase by 102 percent. The nighttime traffic, 20 what does it increase? It was 123 percent, if I 21 recall? Multiply that out, folks. That's over a 22 thousand -- it's about 1,300 more cars. 23 And then they're saying we don't need to widen 24 Wiggins Bay Pass. What are you? Out of your mind? 25 How could you say -- we've been here 9A 43 1 (indiscernible) . 2 (Applause. ) 3 MR. DESIATTO: How could you not widen Wiggins 4 Pass? 5 (Applause. ) 6 MR. DESIATTO: You blame it on the county. 7 You say, well, it's up to them to do it. Don't 8 tell me that adding turning lanes, which you are 9 required to do, you're not doing me a favor, you're 10 required to put the turning lanes in, are going to 11 handle 1,300 more cars. What about the joggers? 12 What about the bicycle people that we deal with 13 every day? Two thousand more. Think about that. 14 Don't let this happen, folks. Don't let it 15 compromise. Stay the course. Keep the deal. 16 Thank you. 17 (Applause. ) 18 MR. WOOD: Eat the mike. I understand. 19 My name is Roger Wood (phonetic) . I live in 20 Cove Towers. I have a question for the traffic 21 engineer. How many people are in this room? Well, 22 I mean, you count people. You count cars, you 23 count people. Do you have an estimate on how many 24 people are in the room? 25 MR. TREBILCOCK: No. 1 9A 44 1 MR. WOOD: All right. I have an estimate. 2 I'd say there's 700 people here. Now, you got one 3 sign-in sheet for 700 people, right? 4 Now, let's just track this through. Okay. So 5 if everyone, including the slow writers and the 6 people without their glasses, take ten seconds to 7 sign in, that's six a minute, okay? And there's 8 700 people. We're going to be here, with one 9 sign-in sheet, until about 10:00 tonight, okay, if 10 you want everyone to sign in. 11 Why do I think that the sign-in sheet is 12 disingenuous? They don't want everyone to sign in. 13 Because they don't want everyone to sign in because 14 we all vote. And if -- 15 UNIDENTFIED MALE VOICE: (Indiscernible) . 16 MR. WOOD: Oh, we only have one 17 (indiscernible) . Sir, have you gone to the back of 18 the sign-in sheet? Oh, no, it's all full. What a 19 (indiscernible) . All right. 20 So let's keep going with this. Now, we all 21 vote. There is a record of this that the 22 commissioners are going to read. The commissioners 23 are never going to understand the magnitude of the 24 objections by everyone in this room to this project 25 with a sign-in sheet that looks like a 9Pi 45 1 (indiscernible) sign-in sheet and without some type 2 of a record of the number of people who have 3 appeared tonight to object to this project. 4 So that is my only comment. 5 (Applause. ) 6 MS. VERDIBRA: My name is Kathy Verdibra 7 (phonetic) and I'm from Cove Towers. And I have a 8 two-part question. 9 The first part is does the developer currently 10 own the land? 11 UNIDENTFIED MALE VOICE: No. 12 UNIDENTIFIED FEMALE VOICE: Yes. 13 UNIDENTIFIED FEMALE VOICE: Yes. 14 MR. ARNOLD: Yes, ma'am, the applicant owns 15 the property. 16 UNIDENTIFIED FEMALE VOICE: Who is he? 17 MS. VERDIBRA: Who is the applicant and why 18 isn't the applicant here? 19 MR. ARNOLD: The applicant is Lodge Abbott and 20 Associates (phonetic) ? Is that the -- it's Lodge 21 Abbott. And they are not here. 22 MS. VERDIBRA: Because. 23 MR. ARNOLD: But we are their representatives. 24 MS. VERDIBRA: Because? 25 MR. ARNOLD: We are. I don't know the reason 9k 46 1 they're not, but I can tell you I do this a lot. 2 Most of the time, the property owner is not in 3 attendance. 4 MS. VERDIBRA: Okay. My feeling is the amount 5 of disrespect that the team that the owner has 6 hired has shown to the neighborhood is beyond 7 (indiscernible) and you all ought to be fired. 8 (Applause. ) 9 MS. VERDIBRA: You don't have a meeting like 10 this -- you don't have a meeting like this that you 11 don't come a day before and set up your PowerPoint. 12 You don't have a meeting like this that you don't 13 plan for the capacity. You know how many letters 14 you sent out. You don't have a meeting like this 15 where you have one sign-in sheet. You are either 16 the most incompetent group of people that a 17 developer has ever (indiscernible) . 18 (Applause. ) 19 MS. VERDIBRA: Or more likely you simply hold 20 the neighborhood residents in total contempt. 21 Given that you don't want to abide by a legally 22 signed document that you agreed to eight years ago, 23 I think that's probably the fairest analysis we can 24 make since you all are like Bill Clinton, who 25 didn't understand what "is" is, and you don't '9 A 47 1 understand what forever is. 2 (Applause. ) 3 MR. GRANT: Can I say something here? 4 MULTIPLE VOICES: (Indiscernible) . 5 MR. GRANT: Did we underestimate the size of 6 the room? Obviously. Okay? No excuses. I'm 7 sorry if there aren't enough sign-in sheets. We're 8 going to pass them around. That's a mistake, too. 9 The AV equipment issue, I understand all that, 10 okay? We apologize. I don't happen to think we're 11 incompetent, okay? 12 MULTIPLE VOICES: (Indiscernible) . 13 MR. GRANT: Nor are we -- we aren't the owner. 14 We are here attempting to explain what this project 15 is and is not, and answer your questions. 16 I said it was simple. I'm sorry if somebody 17 thinks that was pensive. What I meant was the 18 density is being proposed to be increased and the 19 golf course is being proposed to be eliminated and 20 housing put in its place. That didn't seem too 21 complicated. That's basically what is being done. 22 That's all I have. 23 MULTIPLE VOICES: (Indiscernible) . 24 MR. GRANT: So we are attempting to explain, 25 we're attempting to answer your questions under 9A 48 1 what we acknowledge are not very good 2 circumstances. We're sorry about that. We are not 3 trying to keep anybody from talking. We're not 4 trying to keep anybody from registering their name 5 and we will go through this process as long as we 6 can all tolerate it and I would ask that everybody 7 try to be civil and appreciate that. Thank you. 8 MS. JOHNSON: Nicole Johnson (phonetic) , here 9 on behalf of the Conservancy of Southwest Florida, 10 and I appreciate that this is a NIM meeting for 11 rezone, but I think having this rezone application 12 and the NIM might be a bit premature, because the 13 changes that are being proposed are predicated upon 14 the county commissioners desiring to amend the 15 settlement agreement. 16 So we would recommend that the concept, not 17 the substance, but the concept of opening up the 18 settlement agreement first be taken to the 19 commissioners. If the answer is no, then it's 20 done. 21 (Applause. ) 22 MS. JOHNSON: But if the answer is yes, and 23 the Conservancy did not like the settlement 24 agreement because it did allow a 17-story building 25 within 100 feet of an active eagle's nest, but if 9A 49 1 the county decides to open this up, then we really 2 recommend that your team work with the community, 3 work with the (indiscernible) holders who want to 4 support protection of the eagle's nest and see if 5 you can find some consensus for changes to the 6 project that will provide the economic viability 7 that you need, protect the neighborhood, the 8 quality of life community character and let's see 9 if we can do something to protect that eagle, 10 because we know it's not going to stay with a 11 17-story high-rise within a hundred feet of it. So 12 just some suggestions. 13 (Applause. ) 14 MS. WACK: My name is Nancy Wack (phonetic) 15 and I live in the Anchorage at 12945 Vanderbilt 16 Drive. I've owned property there for 32 years. So 17 I've seen a lot of development in the area. I have 18 three questions for you. 19 The southwestern portion of this proposal, 20 which is a part of the addition, I believe, what is 21 planned in that southwestern quadrant? 22 MR. ARNOLD: The southwest portion, which is 23 west of Vanderbilt Drive and -- 24 MS. WACK: Southwestern, down here, yes. 25 MR. ARNOLD: That is all part of our preserve 9A 50 1 designation on our master plan. 2 MS. WACK: Okay. The other question is, and 3 just for now, just a simple yes or no answer, have 4 you done updated environmental studies? 5 MR. ARNOLD: Yes, we have completed updated 6 environmental analyses that were submitted to the 7 county. Terrell Hall & Associates, who's the 8 environmental consultant, updated all the field 9 work. 10 MS. WACK: And the third question or concern, 11 my most concern is I've heard a lot about the 12 traffic on Wiggins Drive, and I understand it, 13 because I use Wiggins Drive a lot, Wiggins Pass 14 Road, but my concern, of course, is Vanderbilt 15 Drive, south of the bridges. 16 You know, if -- if, I don't know if there's a 17 proposal to widen Vanderbilt north of Wiggins, but 18 you're going to follow that traffic down into two 19 lane bridges. We just got those bridges. It took 20 years for us to have safe bridges to cross over to 21 get to the park, to get to the other end of 22 Vanderbilt Drive. 23 So what's the plan for Vanderbilt drive? 24 MR. ARNOLD: Thank you. 25 MR. TREBILCOCK: Yeah, I'm -- } 9 51 1 MR. ARNOLD: Oh, Norm is going to answer. 2 UNIDENTIFIED FEMALE VOICE: Norm's going to 3 answer the question. 4 MR. TREBILCOCK: I'm sorry. Again, Norm 5 Trebilcock. And I just want to answer the 6 question. 7 Vanderbilt Drive, it's the same thing on 8 Vanderbilt Drive. It's not scheduled to be 9 widened. However, the development has provided 10 additional right-of-way to widen Vanderbilt Drive. 11 They also are planning to do a wide pathway 12 along Vanderbilt Drive as well. Thank you. 13 UNIDENTIFIED FEMALE VOICE: That's north of 14 the bridge. What about south of the bridge? 15 MULTIPLE VOICES: (Indiscernible) . 16 MR. TREBILCOCK: Again, there's no plans to do 17 additional widening on the part of the county. 18 Within our property, we've provided additional 19 right-of-way for the widening, but, again, the 20 county is not planning to widen Vanderbilt Drive. 21 UNIDENTFIED MALE VOICE: Or Wiggins. 22 MR. TREBILCOCK: Or Wiggins Pass, yes. Thank 23 you. 24 MR. MENDELSEN: Again Bob Mendelsen (phonetic) 25 from Tarpon Cove. 9A 52 Like everyone 1 Lik I would like to see y here, 2 nothing come from all of this, but I would like to 3 have some information. And everything seems very 4 vague. At this point, you can't tell us how many 5 units. You can't tell us how many single family. 6 You can't tell us how many will be condominiums, 7 how high. I really would like to have some of that 8 information before we really look at it seriously. 9 And a big concern of mine, because I back up 10 directly on it, is for all of the property owners 11 that are butting your proposed area, what sort of 12 buffer areas will we have between our places and 13 any cleared land? And if you don't have that 14 answer, will it be forthcoming? 15 MR. ARNOLD: Again, you're correct. We don't 16 have an allocation or breakdown of the units by 17 type in the project. 18 And your secondary question was about the type 19 of buffers. We have shown one buffer on our 20 proposed master plan that exceeds the code 21 requirement which was carried forward from the last 22 amendment. The other buffers would really be 23 determined whether or not we have a single family 24 to single family relationship with our neighbors on 25 the eastern parcel, for instance, or if it becomes 9A 54 1 MS. LYNCH: Do you have any understanding of 2 what you're proposing? I mean, you're talking as 3 if it's nothing, it's just dwelling, 870 dwellings, 4 2,000 more people. And that's -- the impact of 5 that on our little development is going to be 6 enormous, not only on the noise of construction, 7 the construction vehicles. I tried to imagine 8 that. I tried to imagine all these construction 9 vehicles going down Vanderbilt Drive day after day 10 after day and we're going to have to somehow eat 11 that, somehow swallow that. 12 And I don't understand -- I don't understand 13 why the county is even beginning to think -- to 14 allow you to build that many units, the 590 you 15 talked about to begin with. It's going to be 16 incredible. And now you want to go to 870? It's 17 just unimaginable to me. 18 MR. ARNOLD: Thank you. 19 (Applause.) 20 MR. WINSLOW: Hello. My name is Rob Winslow. 21 I live in Tower Point of Arbor Trace, which I have 22 found is right along the edge of your proposed 23 development. 24 Can you -- I have two or three things to say. 25 Can you tell me what the large orange area is there 9f\ 53 1 multi-family, the county's buffer requirement grow. 2 MS. LYNCH: My name is Joan Lynch (phonetic) , 3 and I live in Glen Eden, which is just above the 4 yellow, that group of homes there. Yes. No, more 5 to the right, more to the right. Yes. Yes. 6 Now, we've been impacted immensely by all of 7 this. First of all, I want to know, what have you 8 planned for the noise? I begin to think about all 9 of these high-rises along the west and now all of 10 these homes right beside our development, and the 11 building noise will be absolutely and utterly 12 unbearable. Don't you understand that? 13 (Applause. ) 14 MR. ARNOLD: No. I think you raise a very 15 valid issue with regard to noise and construction 16 activity. I mean, we're all part of the urban area 17 of Collier County. We've all experienced 18 development around us. I've been here over 20 19 years, and it's the nature of what happens. You 20 know, construction occurs and you've lived through 21 Aqua (phonetic) and you've lived through the other 22 projects. I mean, that is just the nature of 23 developing property. It's construction. 24 And I'm sorry that it does create noise, but 25 that is just a part of, you know, where we live. 9A 55 1 to the east of the five high-rise buildings that 2 are proposed? 3 MR. ARNOLD: That area is one of the 4 designated residential tracts, and it would support 5 multi-family dwelling, clubhouses, recreational 6 amenities, things of that nature. 7 MR. WINSLOW: Secondly, the agreement that 8 goes back several years, which is a legal agreement 9 saying that the golf course area shall be forever 10 green and a preserve if it's not built as a golf 11 course. Is the whole agreement that includes that 12 being opened up in terms of your making a -- an 13 application to the county commissioners, does the 14 whole agreement -- is the whole thing on the table 15 again if the county commissioners wish it to be or 16 only -- or can you dictate the parts that are going 17 to be discussed and possibly changed or can the 18 county commissioners say, well, we want to talk 19 about such and such beyond the parts that you're 20 considering changing? 21 (Applause. ) 22 MR. GRANT: The answer to your question is 23 that the settlement agreement is being proposed to 24 be amended. That will require the county 25 commission to vote to do that. The county 9A 56 1 commission can say yes. It can say no. It can say 2 yes with conditions. 3 So I think the answer is although we have 4 asked to have only certain parts changed, I don't 5 believe the county commission is bound to only deal 6 with that at all. The county commission can say 7 yes, it can say no. It can say yes with 8 conditions. 9 And I hope that answers your question. 10 MR. WINSLOW: What I understand that to mean 11 is that all of us here have the possibility of 12 memorializing our county commissioners to make this 13 project much more changed than they want it changed 14 in our favor. It seems to me that that's a 15 possibility. 16 I want also to say, since you have, as the 17 developers' representatives, since you are opening 18 this up publicly and you are saying you want it 19 changed, obviously, in the developer's -- to the 20 developer's benefit, is it legally possible for 21 county commissioners now, today, tomorrow, not 22 waiting for hearings or votes or anything, is it 23 possible for them to say we want to stand by the 24 original agreement and we don't want to consider 25 anything else? Is it possible for them to do that 9A 57 1 legally? 2 (Applause. ) 3 MR. GRANT: I would honestly tell you that the 4 county attorney would have to answer that question. 5 I think he would probably say they must allow this 6 process to continue, but I don't want to put words 7 in his mouth. I don't know the answer to that. 8 And I'm not trying to evade the question, but I 9 don't know the answer. I think the answer is what 10 I said, though. 11 MR. WINSLOW: In other words, what we've just 12 been told by this attorney is that the developer 13 can propose any changes it wants to the development 14 program that was approved by the county, but the 15 county can't propose any changes such as zero 16 changes until the -- because the developer has all 17 the cards, it sounds like to me. 18 (Applause. ) 19 MR. WINSLOW: I want to make one more comment, 20 which I think will be unpopular, both in the 21 audience, although you ought to see it as not so, 22 and among the people on the stage. There are at 23 least -- there's at least one attorney here who is 24 participating, it seems to me, in breaking the law, 25 because the fire code probably doesn't allow this 9A 58 1 many people in here. 2 MS. COHEN: My name is Edith Cohen (phonetic) . 3 I live at Tarpon Cove and I've lived there for 15 4 years. 5 We live in a flood zone and I'm worried about 6 a disaster. How -- how can we get out of there if 7 there's a flood, a hurricane, or whatever? I don't 8 mean to be a bearer of bad news, but I come from a 9 place in Long Island where they shut down -- they 10 were going to build a nuclear plant and I was on 11 that committee. They never built it. And I think 12 that this should never be the way it is. 13 It is hard to get out of there as it is. And 14 if there's a disaster, we're in trouble. 15 (Applause. ) 16 MR. FEE: For the record, I'm Doug Fee. I 17 live in the neighborhood in Gulf Harbor, and I 18 appreciate everybody coming this evening. It's a 19 great crowd. 20 Can I see a show of hands of anyone in the 21 audience who is a board member to a neighborhood in 22 our area? 23 MULTIPLE VOICES: (Indiscernible) . 24 MR. FEE: A board member, I'm sorry, somebody 25 who serves on their board. There's probably about 9A 59 1 a hundred people. 2 The reason why that's important is this 3 community is a great community. And we're looking 4 forward, as a community, to this project in the 5 middle of our neighborhood. We want it built. We 6 want their residents. We want their activities, 7 everything. 8 It's a great project. But the deal that was 9 done four or five years ago in a settlement 10 involved many of these people who sat in this 11 audience. I was involved. The planning 12 commission, it held many meetings. 13 I think what you're hearing the neighborhood 14 say is we did the deal. We gave you five towers 15 that go up 15 floors. I believe one goes up to 17 16 stories. So we gave you the sky. We embrace it. 17 We like our high-rise communities in this 18 neighborhood. 19 But that -- the conventional zoning would have 20 put units on the ground. It would not necessarily 21 have gone up in the air. 22 So the tradeoff was we'll give you the sky if 23 you preserve this as a golf course and make it go 24 as a golf course. Nobody twisted the developer's 25 arm in that settlement to put a golf course, keep 9A 60 1 it a golf course or make it green space. They sued 2 the county. They actually sued us, the residents, 3 for $285, 000,000, I believe, was the -- and they 4 had the right to do that, but there was a 5 settlement, okay? 6 And I think what this community right here is 7 saying, when is enough? When can we see the 8 project that we can embrace and help in any way we 9 can, but when you go and you change things and you 10 change things, that's what makes our neighborhood 11 nervous. 12 Now, you've heard all the zoning issues, 13 traffic, environment, and all that. My question is 14 to the attorney in reference to the settlement. 15 It seems to me that before we go to the zoning 16 matter, that needs to be something done down at the 17 Board of County Commission to say they will, in 18 fact, entertain the opening of the settlement. I'm 19 not sure how we got in the zoning issues. We need 20 to find out whether or not there is support for 21 doing that. Upon doing that, then I think it can 22 come forward in the zoning matters. 23 The other thing that I'd like to suggest is 24 when we -- if the county commission says that it 25 wants to open up this settlement, this landowner in 9A 61 1 the middle of our neighborhood, we need to get a 2 committee of people that live in this area, who can 3 sit down in open meetings and iron out what's best. 4 If it's going to be opened, figure out a way to do 5 this that's best for the neighborhood and that's 6 basically my comment. 7 I know this can be a great project, but I 8 think that when the landowner keeps coming back, 9 we're all asking when is enough is enough. And I 10 think they've gotten to that point. I think 11 everybody here or most of the people in this 12 audience would like to see it remain to the 13 settlement. And basically that's it. Thank you 14 very much. 15 (Applause. ) 16 MS. KAREN: Yes. Donna Reed Karen (phonetic) , 17 and I live in Wiggins Bay. 18 I am here to agree somewhat with Doug and 19 Nicole Johnson. I think the cart is before the 20 horse here. The county commissioners need to tell 21 you all whether or not they will even open up this 22 settlement agreement. If they say no to that, then 23 you've just spent a lot of your client's money for 24 nothing. 25 The first step is to get a decision by the 9A 62 1 county commissioners that says they either do want 2 to open this up or they don't want to open this up. 3 And we really shouldn't be going any further beyond 4 that. 5 And I'll just make one more comment and that's 6 about this whole proposed rezone. If you're going 7 to have a neighborhood information meeting, Wayne, 8 you need to provide complete information. You just 9 said there's a list of deviations and you haven't 10 told anybody about any of the deviations that 11 you're planning. You haven't given so many 12 specifics here that should be a part of this 13 meeting if it's going -- if we're going to talk 14 about the PUD rezone, need to be and they're not 15 here tonight. Thanks. 16 (Applause. ) 17 MS. SILARO: Thank you. My name is Linda 18 Silaro (phonetic) . I do not live in Tarpon Cove or 19 Wiggins Lakes, Lake (indiscernible) or any of those 20 nearby surrounding communities to the proposed 21 project. 22 I did -- however, I have been living in Naples 23 and Bonita for the last several years. I have a 24 few homes here. I love the area just the way it 25 is. 9A 63 1 Over the last year or so, I've seen the 2 population exploding all over. So I believe 3 traffic is going to be a problem no matter what 4 happens, whether it's this community or whatnot. 5 The only way to go to the beaches, yacht clubs, 6 docks, et cetera, et cetera, is all through this 7 particular area. 8 My husband is cyclist. He rides on Vanderbilt 9 Drive every single day. So I'm fully aware of the 10 hazards that go on. I walked in today not in 11 support or opposition. I came here to learn and I 12 wanted to hear what you guys had to say. 13 I'm well aware, I hear the surrounding 14 community. I hear you loud and clear. Your 15 opposition is certainly there. 16 What I'm thinking is if you are -- what I did 17 hear mentioned was that you were permitted. You're 18 under the number of homes that are permitted by 19 zoning. Why can't they increase the number of 20 homes in the allotted space, but keep the green 21 space, keep a little more green space open? You 22 know, that's kind of what I'm hearing. I'm trying 23 to like really look at it from both sides of the 24 coin. 25 I understand Collier County is probably very 9A 64 1 happy to have the extra homes here because it means 2 more revenue. It means more taxes for them. And 3 that's how it works, whether we like it or not. 4 What I do see a little excessive is five 5 high-rises, where that's really where you probably 6 would get the additional traffic and people parking 7 and things like that. So -- and views obstructed. 8 But it's just, you know, a concern. I'm trying to 9 look at it from both sides of the spectrum. 10 MR. GRANT: Thank you. And I do want to say 11 something. How many people have not yet been able 12 to sign up on the sign-up sheet? 13 UNIDENTIFIED FEMALE VOICE: I've got the 14 sign-up sheets right here. (Indiscernible) . 15 MR. GRANT: I think we've got a bunch going 16 around here. Charles, do you want to pass some 17 more out so we can try to give everybody a chance 18 to sign up? 19 MR. AVERY: Yes. My name is Gordon Avery 20 (phonetic) . I live in Tarpon Cove on Mainsail 21 Place. 22 For the last four and a half years 23 (indiscernible) for the last four and a half years 24 a panther -- 25 MULTIPLE VOICES: (Indiscernible) . 9A 65 1 UNIDENTFIED MALE VOICE: Put the mike up to 2 your chin. 3 UNIDENTFIED MALE VOICE: Put it a little 4 closer. 5 MR. AVERY: A panther has come from that 6 preserve area. It's in my backyard and it's my 7 understanding that there are only a hundred 8 panthers in all of south Florida. So if you build 9 that, what are you going to do with the panther? 10 And there may be more than one of them. 11 MR. WOOD: Hello. My name is Joe Wood. I 12 live in Tarpon Cove. I've been here for ten years. 13 The last time there was a negotiation, I was 14 involved with a commissioner at the time Frank 15 Halas, and we talked to the developer and I really 16 was on the side of the developer. I liked the 17 development that got resolved, that we were going 18 to have a golf course or green space forever. and 19 we gave the developer a lot of things, high-rises 20 and a lot of different things in order to maintain 21 that green space right in the middle of all of our 22 neighborhoods. 23 Now I'm very disappointed. I am no longer on 24 the side of the developer, needless to say. I'm on 25 the side of the residents and the people that live 9A 66 1 around me. 2 I'd like to point out one thing, but I need 3 the map up there, and I'm not getting any technical 4 -- that's not enough, ma'am. 5 (Laughter. ) 6 MR. WOOD: I want to bring up an issue that 7 nobody talked about today. I didn't want to waste 8 time and be redundant about things others have 9 talked about. I know all about the traffic issues 10 and all the other things and I agree with all that, 11 but I want to just bring up something else, but it 12 would be interesting to all of you if we could see 13 the screen up there, but I think it's another 14 malfunction that's happened here today, so what I 15 can I tell you? 16 UNIDENTIFIED FEMALE VOICE: Spit it out. 17 UNIDENTFIED MALE VOICE: What's your question. 18 MR. WOOD: Well, you got to hold it up high. 19 I'm a tall guy. 20 Here's Tarpon Cove here. This is a canal. 21 This canal goes here, goes across here, keeps on 22 going and comes down from Lee County. It brings a 23 tremendous amount of water down this canal. 24 Twice since I've lived here, this canal has 25 overflowed into this golf course area. 9A 67 1 Now, you -- everybody in this room is smart 2 enough to know they're not going to build homes in 3 the swamp. I have the elevation design at home. 4 All this land is around six and a half to eight and 5 a half feet above sea level. This area along here 6 in the back of Tarpon Cove where I live, it's 10.5 7 feet above sea level. 8 If they bring this land up to the same level 9 here, and when this water comes down this canal, 10 and there's no place to go, we in Tarpon Cove are 11 going to be vulnerable to flooding, and that's 12 something, again, that has not been mentioned, but 13 we have -- we will pursue it with the county for 14 sure. 15 (Applause. ) 16 MR. ARNOLD: I saw several e-mails prior to 17 the meeting that questioned the drainage issue that 18 you just brought up. That is a FDOT canal that 19 runs through your property. Jay Westendorf is 20 here. He was the design engineer that's permitted, 21 I believe, already permitted the golf course, if 22 I'm not mistaken, but well aware of the drainage. 23 I think, with his answer, you'll be assured that 24 you don't have additional impacts from what we're 25 doing. 9A 68 1 So let's let Jay describe what the drainage 2 pattern is going to be. 3 MR. WESTENDORF: Thanks, Wayne. 4 For the record, my name is Jay Westendorf. 5 I'm with Omega Consulting. I've been working on 6 the design engineering, the drainage and other 7 infrastructure on this property for approximately 8 ten years. So I'm fairly familiar with the area 9 that you're talking about and the drainage concerns 10 that you have. 11 With the previous designed golf course, the 12 drainage of this parcel that's east of Vanderbilt 13 Drive will actually drain to a separate outfall. 14 Is there a map up on the wall? 15 I know that you won't be able to see, so I'll 16 try to explain verbally and just raise your hand if 17 I need to speak up a little bit more for you, okay? 18 The area in the question that we're talking 19 about is the area of the PUD that's east of 20 Vanderbilt Drive. The drainage design that was in 21 place before will take the drainage stormwater from 22 this property and drain it southwest, not toward 23 Tarpon Cove, southwest. It will have a new 24 drainage pipe that goes under Wiggins Pass Road and 25 along the Vanderbilt Road right-of-way to the 9A 69 1 Cocohatchee River. It's a separate outfall. It 2 will not drain toward Tarpon Cove. It will not 3 drain into the DOT canal that Wayne referenced. 4 So, in the existing condition of what you have 5 right now, there's just all open space. Some of 6 this land does drain toward the wetland areas and 7 that canal in Tarpon Cove. When we develop the 8 land in whatever capacity, whether it's a golf 9 course or any other thing, we would be under the 10 same design constraints that Tarpon Cove was under 11 and all the other modern developments will have a 12 berm along that eastern property line. And our 13 drainage will not go toward the east. 14 MR. WOOD: Can I respond to you, please? 15 MR. WESTENDORF: Yes, you certainly can. 16 MR. WOOD: I am not concerned about water 17 coming off the golf course parcel toward Tarpon 18 Cove. I understand that. That water is designed 19 to go toward Vanderbilt Drive. That is not in 20 question for me. 21 What's in question for me is a tremendous 22 amount of water comes down from Lee County, comes 23 along Old 41, goes under 41. It makes the right 24 angle there. That's not the water that's running 25 off of Tarpon Cove. It's not water that's running 9A 70 1 off the golf course. 2 If you build your site up as high as the 3 Tarpon Cove site or, heaven forbid, even higher, 4 there's such a tremendous amount of water that 5 comes down. When it does, it hits Wiggins Pass 6 Drive. There's two 30-inch culverts that go under 7 Wiggins Pass Drive. Once you get south of there, 8 there's even no place for the water to go. 9 It is going to be a nightmare and, sir, I'd 10 like to have your card. I'd like to meet you 11 there. I'd like to meet you there with any of your 12 engineers as your support. I would like to have 13 you view the site with me and you'll see exactly 14 what I mean. 15 Two times -- two times in ten years that canal 16 as overflowed onto the golf course since I've been 17 here through both hurricanes. And it's not a 18 matter of storm surge. It's a matter of water 19 coming down the canal, trying to get out and it's 20 got no place to go. Thank you. 21 MR. WESTENDORF: Thank you for your comments. 22 And to reiterate his comments and concerns, 23 he's absolutely correct. That -- that is an FDOT 24 canal or ditch and it actually takes water from Lee 25 County from Spanish Wells all the way down south, 9A 71 1 the Old 41, the Old Cypress Head development, 2 Sterling Oaks. It takes the water from that area 3 in between the 41s and it comes down. It bisects 4 Tarpon Cove and then it turns south as you 5 indicated. It runs under the culverts under -- 6 under Wiggins Pass and then it goes into the Gulf 7 Harbor development, where Doug Fee is and it goes 8 down through there and ultimately out into the 9 Cocohatchee River. That's absolutely correct and 10 it has absolutely nothing to do with the drainage 11 on our parcel. 12 MR. WOOD: That's right. It becomes a problem 13 on our parcel if you raise the levy on your side so 14 it's as high as our side so the water must stay in 15 the canal itself. And there's not enough canal 16 capacity to take the water away. 17 MR. WESTENDORF: If anything, our development, 18 by the design and development of this property, 19 will actually reduce some of the runoff that is 20 going into that canal right now. We will be 21 building a separate outfall under Wiggins that will 22 not interact with the one that goes through your 23 neighborhood. 24 UNIDENTIFIED FEMALE VOICE: That's not what 25 he's saying. 4 k 72 1 MR. WOOD: Sir, I'm going to say one thing, 2 and then I'm going to leave. I disagree with you 3 as much as the way you're looking at it as I 4 disagree with the people that say two lanes of 5 Wiggins Pass is going to be able to handle all that 6 traffic. Both are pie in the sky, totally 7 unbelievable. 8 (Applause.) 9 MR. WESTENDORF: Thanks for your comments. 10 MR. BROOK: Loren Brook (phonetic) . I'm at 11 13105 Vanderbilt Drive. 12 Two questions. Unfortunately, we have 13 technical difficulties, so we can't see this 600 14 (indiscernible) acre presentation as we should. If 15 you would be good enough to raise that. Not that 16 high. 17 I've not seen or heard any discussion of what 18 this strip does, what it's intended to be. 19 MR. ARNOLD: The narrow one right there. 20 The narrow area that extends out to U.S. 41, 21 it's on our master plan, I described it, it's 22 called the AR area. It's an amenity and 23 residential area. We've made provisions for there 24 to be project amenities there, tennis club, some 25 maintenance and storage facilities potentially, as 9A 73 1 well as residential. It's unplanned. 2 Formerly, that was designated to be a 3 potential county road, and the county has abandoned 4 that concept from its long-range transportation 5 plan. 6 MR. BROOK: If they've abandoned it, why don't 7 you accept it? You've heard several comments about 8 concerns we have for traffic. Others have 9 commented on the number of cars, bikes and so on. 10 Here's an access to 41. It seems to me that 11 that land was originally considered as an access to 12 41 and you could afford to do that again. 13 MR. ARNOLD: We are using that as a project 14 access to U.S. 41 and Norm Trebilcock would tell 15 you that's why part of our traffic disbursal onto 16 three different road networks really is why there's 17 not as much impact as you might think there would 18 be to Vanderbilt or Wiggins Pass. 19 MR. BROOK: Second question. This property. 20 here called preserve, preserve property -- the 21 preserve property is the majority land in the 22 development. And under preserve, which is 23 wetlands, there are 24 exceptions to -- for usage 24 and no definition at this point of where the 24 25 usages in your proposal are to go. 9A 74 1 When will that be available? 2 MR. ARNOLD: I'm assuming that you're 3 referring to some of the accessories as to the 4 preserve designation which includes -- 5 MR. BROOK: 24. 6 MR. ARNOLD: -- the boardwalks and other 7 amenities. Those are typically permitted by the 8 county regardless for those. They're considered 9 passive recreational uses. There are limited areas 10 that can be cleared for those. 11 MR. BROOK: That's fine. What I'm asking is 12 when will we see where they're proposed? 13 MR. ARNOLD: You won't see where those are 14 going to be proposed until the developer knows 15 exactly what he intends to build largely on the 16 west side of Vanderbilt Drive. 17 MR. BROOK: They aren't part of your proposal? 18 MR. ARNOLD: We have -- yes, we have the 19 residential component that is, but what I'm saying 20 is we won't know exactly what amenity they build 21 until they decide what they build in terms of the 22 residential buildings. 23 MR. BROOK: When? Will there be a time? 24 MR. ARNOLD: There will be a time when the 25 developer decides to come out of the ground with 9A 75 1 regards to the development. I can't tell you today 2 exactly what that is. 3 UNIDENTIFIED FEMALE VOICE: Just hopefully one 4 quick question. It was about the water. Is it too 5 low? 6 On Joe's question about flooding, right now we 7 view the thicker part of the preserve, which is you 8 have Martinique there in Tarpon Cove. Then you 9 have Carrick Bend and Bimini. 10 In that preserve right along up on our corner, 11 which is pretty sizeable, it's about 250 feet from 12 the lot line, we come here in October, and it has 13 naturally flooded. Now, it's cypress trees. If 14 they die, we have no buffer. 15 So I'm wondering what plans have been made to 16 protect not only for the flooding that Joe is 17 citing, but for that north -- would it be the 18 northwest corner, and perhaps even the other 19 preserve that's between Martinique and Carrick 20 Bend, how are you going to prevent that water from 21 being blocked if you're putting up berms? Because 22 there's no canal up there. 23 Apparently, we have water that is shared from 24 the golf course area. So if you put up a berm or 25 some sort of block for view for your homes that 9A 76 1 you're putting in, will that block the natural flow 2 of water from the preserve areas on the golf course 3 area to us? And we're hoping that that's not going 4 to happen because it will kill the cypress, 5 hundreds and hundreds and hundreds of cypress trees 6 that are in there if they don't have a natural, you 7 know, the water flow is not preserved there. 8 MR. ARNOLD: Right. Okay. 9 UNIDENTIFIED FEMALE VOICE: And the other 10 thing -- what was that -- okay. I can't remember. 11 MR. ARNOLD: Well, let's answer that one and 12 maybe you'll think of the second question. 13 Tim -- Tim Hall, do you want to take a shot at 14 talking about that? Her concern is the area 15 adjacent to the westernmost preserve in the 16 northwest corner of Tarpon Cove on our eastern 17 boundary. 18 MR. HALL: Along the finger? 19 MR. ARNOLD: No. Just south of the finger. 20 UNIDENTIFIED FEMALE VOICE: No. That triangle 21 in the corner floods every -- naturally from your 22 -- from your preserve over there, it comes in. We 23 have up to six inches of standing water in there in 24 October, September. And it -- 25 UNIDENTIFIED FEMALE VOICE: We can't hear you. 9A 77 1 UNIDENTIFIED FEMALE VOICE: Well, I just was 2 telling them what I said before. It floods. You 3 know, it's not a flood, but it's the natural 4 surface water and it supports a beautiful stand of 5 cypress trees. 6 UNIDENTIFIED FEMALE VOICE: And he knows that, 7 yes? 8 UNIDENTIFIED FEMALE VOICE: Yes. Well, I 9 don't know. 10 MR. HALL: Yes, ma'am. I haven't been in the 11 preserve on Tarpon Cove, but I've been along the 12 border of the properties. 13 UNIDENTIFIED FEMALE VOICE: We're concerned 14 about the trees. 15 MR. HALL: No, I understand. And through the 16 water management district and the Corps. of 17 Engineers permitting, they look at on site and 18 off-site flows and try to make sure that the 19 developments harmonize. So if there's currently 20 flow going from one to the other, then that is 21 usually part of the permits as you go forward to 22 make sure that that flow is maintained and not do 23 any damage to adjacent preserves. 24 UNIDENTIFIED FEMALE VOICE: Okay. Just one 25 other question. It's about your deviations. 9A 78 1 You're proposing 280 homes and they will be 2 divided, perhaps, between the orange area and the 3 yellow area. 4 UNIDENTIFIED FEMALE VOICE: Hold on one 5 second. Can we please keep the noise level down? 6 UNIDENTIFIED FEMALE VOICE: So we have 280 7 development -- homes, regular like condos or single 8 family homes, and you said some of them, some of 9 the buildings could be up to 60 feet high. I 10 thought I heard you, I wasn't aware of that, on the 11 yellow side or the orange side, and you also said 12 that you were going to have these deviations, some 13 of the deviations would be senior housing. We have 14 heard a rumor about low income housing. 15 And I'm wondering what -- how many other units 16 besides the 280. Are those units potentially 17 included in the 280 or will they be additional 18 rooms, houses, cars? 19 MR. ARNOLD: The senior housing component that 20 we've requested as part of this PUD amendment is 21 not for low income housing, per se. Everything we 22 proposed is for market rate housing on site. The 23 senior housing uses are in addition to the 870 24 residential dwellings. 25 MULTIPLE VOICES: (Indiscernible) . 9 A 79 1 MR. ARNOLD: The county -- under the county's 2 regulations, senior housing or group housing for 3 seniors, as they express it, is based on a floor 4 area ratio. There is not a density assignment to 5 that. So we've asked for a floor area ratio 6 deviation for them, consistent with others that 7 have been approved in the area. 8 Sir? 9 MR. PIAZZA: My name is Mike Piazza (phonetic) 10 from Falling Waters North Preserve. 11 My question to you is under your proposal, and 12 it's a proposal of construction from the golf 13 course to what you're proposing, what are you 14 planning to do during the construction stage 15 entering and exiting this property that you're 16 proposing, that strip of land that you have from 17 41, which is between Tarpon Cove and Falling Waters 18 North Preserve that you're saying is going to be 19 maintenance buildings and clubhouses and whatever, 20 that strip? 21 MR. ARNOLD: I think it's a little premature 22 for us to determine exactly how the construction 23 traffic is going to function.. I know it's a very 24 valid question for you. We actually met with -- a 25 couple of weeks ago now with one of your -- two of 9A 80 1 your board members, I believe, and started some 2 initial dialogue and told them we wanted to have 3 more dialogue as our plans evolved and we had more 4 information to share with them. 5 But from a construction standpoint, obviously, 6 you know, we have options of using U.S. 41, we have 7 Vanderbilt Drive and we have Wiggins Pass. And I 8 honestly don't know how that's going to be broken 9 out. I think a lot of that's just going to depend 10 on phases of construction and what occurs first. 11 MR. PIAZZA: The second question is your 12 proposal, 94 plus acres on the north end right 13 there, what is the builder's plan, the owner's plan 14 for that in the future? Is it just grabbing the 15 land now for future, he can do what you want and we 16 go through this again in four years? 17 MR. ARNOLD: Well, the land is currently under 18 his ownership. We're bringing it into the planned 19 development, and we're asking for it to be 20 preservation area on our master plan. We're not 21 proposing residential development there. 22 MR. PIAZZA: So he just spent his money to buy 23 what we already have as a preserve, so he owns it 24 as a preserve versus the county? 25 MR. ARNOLD: Technically, I think it has 9A 81 1 residential zoning on a portion of it right now, 2 and not to say that that's what he's going to do 3 with it, but I'm just telling you that currently it 4 has residential zoning in part on the property. 5 MR. PIAZZA: Right. Okay. If everyone knows 6 a politician in the county, you better give them a 7 call, because voting time is coming close. 8 (Applause. ) 9 MR. NOVAK: Hi. My name is Dave Novak 10 (phonetic) . I live in building three on Pelican 11 Isle Yacht Club facing due south, and I'm looking 12 at a wonderful preserve that I look out on out of 13 my condo on, and there's really been no discussion 14 about what you might be able to do there. 15 If you can make an adjustment and get zoning 16 changes up north, what -- what protection do we 17 have that you can't do it south of there? 18 MR. ARNOLD: And, Tim, you can certainly jump 19 in, but I believe most of that area are wetlands 20 that would be extremely difficult to try to 21 convince the Army Corps. of Engineers and the water 22 management district that at this time would be 23 suitable for development. 24 The development footprint that's been 25 established for the project is something that the 9A 82 1 biologists and the development team feels like it's 2 permittable and we can achieve the permits to do 3 that. But the areas that we've reflected as 4 preserve on the plan will be intended to be placed 5 in conservation easements. 6 MR. NOVAK: So if that's going to remain as a 7 preserve, do you -- are you allowed to take that 8 acreage and use it to modify the density of the 9 other parcels? Is that what you're using it for? 10 MR. ARNOLD: Well, all of the property that's 11 owned by the property owner that's above mean high 12 waterline is allowed to be used in the calculation 13 of density. If you look at the surrounding 14 projects that were older, there were communities 15 that even had submerged lands that were used as 16 part of their gross density calculation. 17 The county, several years ago, changed the 18 method in which they do that, so you can't use the 19 submerged land. So the density calculation we've 20 used is for everything that's above the mean high 21 waterline. 22 MR. NOVAK: So that -- 23 MR. ARNOLD: Preserves are allowed to be 24 counted towards your density. That's the simple 25 answer. 9A 83 1 MR. NOVAK: But didn't you just say that's all 2 wetland? 3 MR. ARNOLD: Part of it is wetland, yes, sir, 4 but it's not below the mean high waterline, which 5 is a different designation than a wetland. 6 MR. SHAW: My name is Jim Shaw (phonetic) . 7 I'm a resident of Tarpon Cove and reading through 8 the proposal, I recall seeing somewhere that -- 9 UNIDENTIFIED FEMALE VOICE: Louder. 10 MR. SHAW: I recall seeing somewhere that the 11 duration of this project could extend out to 15 12 years. Is this correct? 13 MR. ARNOLD: I'm not certain where that's 14 expressed, but a project of this magnitude, with 15 the high-rise towers, I wouldn't be surprised if 16 it's certainly a multi-year project. It's just the 17 nature of any of the projects that you see in 18 Pelican Bay (indiscernible) . 19 Any other questions? We're here as long as 20 anybody cares to keep asking questions. 21 Yes, sir. Just please come forward again and 22 be prepared to use the microphone if you could. 23 MR. ZUKK: Sorry. I don't want to keep 24 everybody. 25 MR. ARNOLD: No problem. 9A 84 1 MR. ZUKK: Just -- yeah, my name is Zukk and I 2 live in Bay Forest. 3 Just a question on that north parcel. Is that 4 considered wetlands? And if it is, we should find 5 fault with the county for selling it to somebody. 6 Is that wetlands? That north parcel, I was told it 7 was. 8 UNIDENTIFIED FEMALE VOICE: It is, yes. 9 MR. ZUKK: Okay. But so it is and the county 10 has sold it to a developer. 11 MR. ARNOLD: No. 12 UNIDENTIFIED FEMALE VOICE: No. The county 13 never owned it. 14 MR. ZUKK: So it will never be touched? 15 That's not what you said. 16 UNIDENTIFIED FEMALE VOICE: Someone else 17 (indiscernible) . 18 MR. GRANT: The county has never owned any of 19 this property. 20 MR. ZUKK: Well, what's -- well, why do they 21 have it shown as a 94-acre parcel under -- 22 MR. GRANT: The owner of the development 23 property, Cocohatchee Lake PUD, also owns that 24 land, okay? It is not part of the PUD. 25 MR. ZUKK: That's my point. 1 9A 85 1 MR. GRANT: We're proposing (indiscernible) to 2 the PUD. That's not a change of ownership. 3 MR. ZUKK: But why would the county, there's 4 nobody here from the county, but why would the 5 county even allow that? If it is wetlands, why is 6 the county allowing a developer -- 7 MR. GRANT: The county isn't allowing 8 anything. We are simply in an application process. 9 MR. ZUKK: You're asking. 10 MR. GRANT: We're asking. 11 MR. ZUKK: Same as the south portion. 12 MR. GRANT: No. The south portion is already 13 part of the -- 14 MR. ZUKK: And is also wetland, though, is it 15 not? 16 MR. GRANT: It is some wetland. 17 MR. ZUKK: Well, there's my point. 18 MR. GRANT: There's a distinction between 19 something that is wetland and something that's 20 above the mean high waterline, okay? 21 MR. ZUKK: Okay. To be quite honest with 22 you -- 23 MR. GRANT: The density has been based upon 24 land above the mean high waterline. 25 MR. ZUKK: Uh-huh. To be quiet honest with 9A 86 1 you, I'm not -- I really don't find fault with you 2 guys. You guys are in the business of putting 3 places -- we should find fault with our government, 4 who we -- our representatives who put -- you know, 5 we pay to put in there who allow this kind of 6 thing. You guys are doing what you're supposed to 7 do. 8 MR. GRANT: We're going through a process. 9 MR. ZUKK: Thank you. 10 MR. ARNOLD: Yes, sir. Come on up. 11 UNIDENTFIED MALE VOICE: Hi. I want to point 12 to the extension on the panhandle there. 13 UNIDENTIFIED FEMALE VOICE: Go ahead. 14 UNIDENTFIED MALE VOICE: My question would be 15 on the panhandle of the existing property, directly 16 across the street off U.S. 41, there is an area 17 that -- by Grady Minor identified as proposed 18 Veterans Memorial Boulevard. 19 My question is, does the county plan to do 20 anything in the near future or do you have any 21 information on the development of that thing? 22 MR. ARNOLD: I'm going to see if Norm 23 Trebilcock, our traffic engineer, can address that. 24 Norm, the question is regarding plans for 25 Veterans Memorial Parkway that would sort of be e 19A 87 1 extended east of U.S. 41 from us. 2 MR. TREBILCOCK: Veterans Memorial Parkway? 3 MR. ARNOLD: Yes. Who's got the pointer? 4 MR. TREBILCOCK: Okay. Yes, there are -- 5 there are plans to extend Veterans Memorial 6 Parkway. Currently, there's a section of Veterans 7 Memorial Parkway that's east of Livingston Road, 8 and then there's a little piece that's a little 9 west of Livingston. And the plan ultimately would 10 be to tie in right here at 41 as a four-lane 11 roadway. The county is planning to do that. 12 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 13 MR. TREBILCOCK: Exactly. They're not 14 planning to extend it all the way out to Vanderbilt 15 Drive anymore as they had previously. 16 UNIDENTFIED MALE VOICE: But that option is 17 still there if they decide to change their mind? 18 MR. TREBILCOCK: Yeah. They would have -- 19 they would need to reserve the right-of-way for 20 that, yes. 21 UNIDENTFIED MALE VOICE: Thank you, Norm. 22 MR. ARNOLD: Yes, sir. 23 MR. GUNNER: My name is Howard Gunner 24 (phonetic) and I live in Wiggins Pass. And I've 25 hesitated to say anything -- Wiggins Bay, actually, 9A 88 1 but having worked in a profession that deals with 2 these situations for over 40 years, I submit that 3 there's a possibly hidden agenda here. 4 And there is a typical developer's ploy to ask 5 for a lot and take what they get. So I submit that 6 that possibly is what is going to happen if they 7 open this amendment. 8 They may not get all they've asked for, but if 9 they get more than what they've already got, that's 10 going to be a win for them. So I just throw that 11 out for conversation. 12 UNIDENTIFIED FEMALE VOICE: Thank you very 13 much. 14 (Applause. ) 15 MR. ARNOLD: Hold that closely to your 16 (indiscernible) . 17 UNIDENTFIED MALE VOICE: Sir, what do you 18 need? You got the clicker? 19 UNIDENTFIED MALE VOICE: I need to point it, 20 yeah. 21 UNIDENTFIED MALE VOICE: Okay. Yeah. Use the 22 little red thing. See the little red there? 23 UNIDENTFIED MALE VOICE: Okay. 24 UNIDENTFIED MALE VOICE: Right there. I need 25 to be taught. 9A 89 1 UNIDENTFIED MALE VOICE: Okay. 2 UNIDENTFIED MALE VOICE: Could you please 3 answer the -- 4 MR. ARNOLD: You have to hold the microphone 5 up to your mouth, please. 6 UNIDENTFIED MALE VOICE: Could you please 7 answer the question, the plans submitted 8 (indiscernible) okay and black, why did it cover 9 all that area? Can you explain what you're going 10 to do with this portion from the boundary shown 11 there -- 12 MR. ARNOLD: Yes. 13 UNIDENTFIED MALE VOICE: -- all along there. 14 UNIDENTFIED MALE VOICE: It's the green area. 15 MR. ARNOLD: Okay. We included in the letter, 16 in the notice, the highlighted area was everything 17 that's under the ownership that's being proposed 18 for this project. The areas that have been 19 identified in green on those plans where it's 20 labeled as preserve on our master plan are intended 21 to remain as preserve areas. Some of those lands 22 are submerged, some are uplands, some are wetlands, 23 but many of those areas that are west of the 24 development line are preserve areas. 25 UNIDENTFIED MALE VOICE: Because a lot of 9A 90 1 people were concerned about this and they 2 (indiscernible) development going on all across the 3 blackout, which (indiscernible) . 4 MR. ARNOLD: Right. Well, that's one of the 5 reasons we like to hold these neighborhood 6 information meetings so we can share what 7 information we do have and a lot of times people 8 come with misinformation, some people come wanting 9 information and in some cases we don't have all the 10 information related to the project. 11 UNIDENTFIED MALE VOICE: I come from the 12 United Kingdom, have been coming here for 23 years, 13 and before I bought the property from 14 (indiscernible) we were assured that the -- on the 15 mangrove, no development will ever occur. Is that 16 correct? 17 MR. ARNOLD: Tim, I don't know enough about 18 the mangroves in the area to address that fairly, 19 so I'll let you take a shot at that. 20 UNIDENTFIED MALE VOICE: We were assured of 21 that. 22 MR. HALL: Mangroves in the State of Florida 23 are protected under additional regulations over and 24 above the wetland protection, normal wetlands. And 25 they do require additional permitting and 9A 91 1 additional mitigation. They're not prohibited from 2 being impacted, but it's much more difficult from a 3 regulatory standpoint, it's much more difficult to 4 get permits to do that and it's much more expensive 5 to do that. 6 So the mangroves, you know, in this case right 7 now are set aside as part of the preserve for the 8 development. 9 UNIDENTFIED MALE VOICE: Though that still 10 goes as a preserve area? 11 MR. HALL: Yes, sir. And there may be, you 12 know, boardwalks along the edge. Some of the 13 deviations that Wayne had talked about, there could 14 be boardwalks or walkways or a path out to a -- to 15 a little fishing pier or platform out there, but 16 for the most part, the mangroves, as a whole, are 17 being protected. 18 UNIDENTFIED MALE VOICE: Okay. Thank you for 19 clarifying that position. 20 MR. ARNOLD: Thank you. Folks, anybody else? 21 Looks like we've lost a lot of the crowd. I'm 22 happy to entertain any more questions you have. 23 If you'd like, most of you probably received a 24 letter from us if you're here. Sharon was the 25 point of contact on that. Please continue to 9A 92 1 e-mail her if you'd like electronic updates. As we 2 have them for the county, we'd be happy to get 3 those to you. 4 Anybody who wants to contact me directly, my 5 office number is 947-1144. Be happy to share 6 information with you as it evolves through the 7 process. 8 Anybody else? 9 Thank you. I guess thanks, everybody, for 10 coming out, and we'll close the public meeting. 11 (End of recording. ) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9A 93 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 92 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: March 25, 2014 Joyce B. Howell 19 20 21 22 23 24 25 9A SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5)feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed, lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDZ-PL20130001813• 4//1 a �"" I 3800 Via Del Rev SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 25th day of November,2014,by Sharon Umpenhour, personally known to me or who produced as identification and who did/did not take an oath. 4; ..- MV COMMISSION It EE 047547 S _ attire of N�o�ry Public -I .a- EXPIRES:December 12,2014 Y',, _Y"` Boom thru Notary Public Unde�vaitefs ` .k 1 miber 1 q .4 • Sc_hP Printed Name nf Notary Public My Commission Expires: (Stamp with serial number) • r a M .r a ..* ,-.,•.;:,a",k-, 41› s i . ti a er ,f -s G 4 a w • I I •'jy -.4, ,, 4,0'f.' 41.. ., • ' lam ~! l . *) `N i -1,6„,. 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Iv Item #9A SIRE Public Access Electronic Agenda Attachment: Public Correspondence http://www.colliergov.net/ftp/AgendaMarch241 5/GrowthMgmt/correspondence.pdf 9 A ,,,s, Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. 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G) P . l�. }{ `7C-� ife {p.Vii- -- ( lU{f �1 9A ..., Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. NAME ADDRESS COMMUNITY SIGNATURE 1\i Ic. k' ac, 1,,,,, I 1, I/ /6-.-.( r•z.y �,:> h un filf,'/I'1V,.,-i �r��fV i i�c ( '' �� 1Ot'„,.{t q I IV,1)k, _i / ?'/I,0 - , / I i 1 --, , , _r____ : r` •'I - r I i i % t j , f I t 1 E_ S 1 '1 P f �' f• a� 1 )/,/,, I/0, _ 76,,(''/fit I pi/ f�. <• 'I'•. !/f►. /•- 1 !f ( ( ! I . ■1 1 --i)I `.�i(',i2 /_-71.,• t ��4/'i, A/I r- , -I/' ,„(A„, _ (, (/ /r(. • <4111)'U1 f l�l f��17}1 ' ,I/ ( 1 /i,Y I: '/ ' 1 ,!J i / q s .% e if; C4(,' ;_> '//•//lr'///, /'J`/(f(1/eh,,.(',r.e)/%r 41' • �r ✓.it'i . .A.rc ! r 1A / / lid, , �'i't'/.'ir/-1/-;f.■•/''• ) / r (�j�.�,/)�(I'„_/j,', ( i/t./)c/ / {/`',' /l4. A'rI„t' ,1/l[/I /<<'',.;i., ' 1i,c '' /)f4 6'11,/5 )/,'.11 I r 9A ... Cocohatchee Bay, PUD Petition We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD. (7,../.,.. NAME ADDRESS COMMUNITY 7 SIGNATURE ,--, ,4 7/„ • /t:?e,..4,- /-,,,,,i46-4.i 4. /.. .s ,., ."./..p(„x 0 ‘ /..:-1,v/.( p4 ("/;ii. 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Aill d._ (--•• e, 1 / ::, .1i/(Ski/,,,i• l'i i'c' l';,) );,)• 4 it )(1(.11/A: :1 /,./(1...,k "..„.. f)w ill r.4 5,1w,beg /'7 ()6 s kl.eli -10,t( WC 12w,i P i.4)1/1/lee, 1„.) , 7, . &fir.. 5;j le(/6 Y./ 1 1,`,-(1.'44 lot-,K11-10 / -111/v) . 1(-4-"--, -1 /..--(...e.e--e-L,.- / [IV 611t()=:_(0114./..1 It..)..)4 :IC cli.) 1,,..)f ki.ve,)1 eo 1 I vii' liAtlaii\ .11)(„ 1 rc• 1-0.,,.1 , ito...(- rii4 'h 1 ("( i /‘`fib i ) i. 1/`' 1) I ' ( 1 ( / ,-,,$) •;,.., , .4 5)/1_._Atitti4 Fil$V ; VC/ /:::;41,A1--, 4//,.., .e?,...- . • , , . ,,, ... , , .. _ „,,,,,,„„ ,..,(„,.., ,..., y 'v.) l'-I' 1 4, 1-).! h'I ,-; - i) UN I. v.it,).(s ' 1. : I ci A c i(i.A(.0 9 ) _____ ,., ,, ----- Jyj r) /Li _ yfili,c, 1-0// fr. ( r• ) , i , „ ( (•,,,i,. it)ii 0 (.:)1 1'14 1.11 ('(T..11-(IN I.() V';1) It:1011,i\ 1 ' "s" I I I ) -.'y li\tik■ .,_t., .(et:. ,/, e,/r .'/I—Ccdii'/ ._ N . . - / . . . / ,, i : it 9A From: RomanCharlette Sent:Thursday, January 22, 2015 3:53 PM To: BellowsRay Subject: FW: 2008 Cocohatchee PUD Settlement Please forward as appropriate. From: Barbara Ellison [barbschick.ellison @gmail.com] Sent: Wednesday,January 21, 2015 12:32 PM To: RomanCharlette Subject: 2008 Cocohatchee PUD Settlement We are residents of Glen Eden on the Lakes which abuts the land in question in the above PUD issue. To that end we are writing to object to the reopening of the settlement which allowed many construction standards to be altered in favor of the developer's desires in exchange for leaving the acreage in question either a green space or a golf course. We relied on that settlement as a fact of legal history in choosing to purchase in Glen Eden for our year-round home which is at the end of the street that directly abuts the land. If the 2008 Settlement is reopened it will be as though that settlement, and the work that went into it, never happened or only existed as an expediency to quiet the citizens who worked hard to get it in the first place. The developer maintains his benefits whereas the citizens' wishes will be completely ignored. In addition to the fact that opening the settlement would create an unnecessary loss of confidence in Collier County's governmental entities, there are numerous concerns driving our objection to this new development: 1. Since the razing of the developer's sister property west of Vanderbilt Dr., our neighborhood has experienced sitings of potentially dangerous wildlife that we've not seen before—including, but not limited to, a bear in a tree in front of our home that subsequently sauntered through the neighborhood we took a video of and sent out to the neighbors as an alert); a Florida panther; and a rattlesnake. While those animals constitute potential danger for humans and our pets (vicious bear attacks on humans has spiked in Florida in the past year), additionally, many other creatures that were 9A forced out of their habitat across the road had to take up refuge next to us and are coming into the neighborhood in greater numbers seeking food and refuge. This situation is not good for either animal or human because our neighborhood is obviously not an wildlife habitat. As is true across the United States, habitat destruction results in neighborhood invasions of wildlife. This situation then leads to disease, starvation, and ultimately the death of these animals. The long, slow process is tragic for the animals and corrupts the ecosystem in which we all live. If the habitat next to our neighborhood is destroyed there is no question but that these animals will invade the surrounding established neighborhoods as there simply are no other large wooded tracks of land nearby for them to migrate safely. This is an already-heavily developed, largely residential area. When we spotted the bear, we naively phoned the police believing they would come and remove the bear. The position of the authorities in Florida is that no action is taken until an animal attacks or destroys property. The Florida Wildlife website states that bears and other animals are not relocated as there is not enough open space in the state to do so effectively. Bears will either become another neighborhood's problem or will try to migrate back from where they were removed causing problems for themselves and others along the way back to home territory. The only solution is that a problem animal will be slaughtered. This is a lose-lose situation for both humans and bears. In the vein of wildlife habitat destruction there are Wood Stork living and breeding in the preserve. We have stopped to take photos of them when they venture along the creek that runs out to Wiggans Pass Rd. Wood Stork are on the US Fish and Wildlife endangered species list. 2. Water issues—flooding. Our house directly abuts the green space. During the summer, when there are heavy rains, particularly the summer of 2013, the water in that area turns the entire area into a virtual swampland. The water rises as high as the hilly verge next to our home. While it did not overflow in the summer of 2013, we understand from our next door neighbors 9A that it has flooded to the point of washing into the pool decks of several houses away more than once particularly after severe storms. We are very concerned as to how flooding will be managed and do not see that issue addressed. 3. Obviously, the current inconveniences that come with construction: debris, traffic delays, noise, etc. are frustrating, but temporary (if not prolonged over the course of several years) to the residents. What will be a permanent problem for everyone is the increased traffic when hundreds of new owners will be using already-crowded roads. We generally are not the NIMBY types, but given the fact that the developer was granted many concessions already in order to develop west of Vanderbilt, the idea that Collier County would then allow a complete ignoring of a settlement that only would serve to benefit the developer and not the citizens who worked to get the 2008 Settlement in the first place, would result in a complete mistrust of our local government to make sure that considered settlements used to protect all are enforced. The looming environmental issues from wetland preservation to wildlife destruction are all reasons to urge Collier County to vote against this reopening and put the matter to rest once and for all. Thank you for your consideration. Sincerely Barbara and Graham Ellison 14550 Juniper Point Lane Naples, Fl 34110 9A From: Brenda Sperry [brendalsperryl @gmail.com] Sent: Saturday, January 31, 2015 3:04 PM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny; DeselemKay Subject: vote NO on reopening the 2008 Cocohatchee Bay PUD Settlement D ear Collier County Commissioners and Kay Deselem, I live in Glen Eden on the Lakes off of Vanderbilt Drive. For the past 6 weeks I have watched bull dozers tear down the natural vegetation just to the south of our road and regrade the bare area to make room for condominium high rises. I guess this is all in the name of"progress". Tell that to the many animals scurrying to find new homes-panthers, black bears,bobcats, deer,snakes and the list goes on. Now we are hearing that building on the west side of the road is not enough,and that developers wish to get the PUD Agreement of 2008 reopened in order to erect even more housing on the east side. My understanding when I purchased my home(which would abut this development) is that the area would be "green forever".Now that commitment seems to be in real jeopardy. Why should you oppose reopening the agreement and what would be the consequences? The increase in traffic on Vanderbilt Drive would be horrendous.The preserves adjacent to our properties contain wetlands and a lake which help manage water during the rainy season. If developers are allowed to cut down the forest preserve and destroy the wetlands we will definitely be subjected to even greater flooding. Most of all,our natural vegetation and native wildlife will once again be destroyed in favor of greed and money. Shame on them. I beg you to oppose the reopening of this 2008 agreement and take a stand that says more is not always better. Do the right thing as an elected representative of us, the people. Thank you. Brenda Sperry 14595 Glen Eden Drive Naples, Fl. 34110 9A From: Anna B [annabd8 @hotmail.com] Sent: Thursday,January 29, 2015 1:16 PM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny Cc: DeselemKay Subject: Vote "NO"on re-opening Cocohatchee Bay PUD Settlement of 2008 Collier County Commissioners: cc Kay Deselem I am writing to ask that you vote "NO" on the reopening the 2008 Cocohatchee Bay PUD settlement. I own a home in Glen Eden on the Lakes,the subdivision adjacent to the "golf course"parcel (which is on the east of Vanderbilt Dr). I thought that the settlement was a legal agreement between the county and the developer and that this land adjacent to Glen Eden on the Lakes would be a golf course or green space forever, as the developer got approval to develop the land. on the west side of Vanderbilt Dr. I was shocked and saddened that this may not be the case. PI ease uphold the agreement made in 2008 and do NOT allow the developer to build housing on the east side of Vanderbilt Dr. Thank you Sincerely, Anna B Duncan Annabd8 @hotmail.com 7032442730 Sent from my iPad " 9A Fr om: Barbara Ellison [barbschick,ellison @gmail.com] Sent: Wednesday,January 21, 2015 12:22 PM To: DeselemKay Subject: 2008 Cocohatchee Bay PUD Settlement Kay Deselem-- We are residents of Glen Eden on the Lakes which abuts the land in question in the above PUD issue. To that end we are writing to object to the reopening of the settlement which allowed many construction standards to be altered in favor of the developer's desires in exchange for leaving the acreage in question either a green space or a golf course. We relied on that settlement as a fact of legal history in choosing to purchase in Glen Eden for our year-round home which is at the end of the street that directly abuts the land. If the 2008 Settlement is reopened it will be as though that settlement, and the work that went into it, never happened or only existed as an expediency to quiet the citizens who worked hard to get it in the first place. The developer maintains his benefits whereas the citizens' wishes,will be completely ignored. In addition to the fact that opening the settlement would create an unnecessary loss of confidence in Collier County's governmental entities, there are numerous concerns driving our objection to this new development: 1. Since the razing of the developer's sister property west of Vanderbilt Dr., our neighborhood has experienced sitings of potentially dangerous wildlife that we've not seen before—including, but not limited to, a bear in a tree in front of our home that subsequently sauntered through the neighborhood (we took a video of and sent out to the neighbors as an alert); a Florida panther; and a rattlesnake. While those animals constitute potential danger for humans and our pets (vicious bear attacks on humans has spiked in Florida in the past year), additionally, many other creatures that were forced out of their habitat across the road had to take up refuge next to us and are coming into the neighborhood in greater numbers seeking food and refuge. This situation is not good for either animal or 9A human because our neighborhood is obviously not an wildlife habitat. As is true across the United States, habitat destruction results in neighborhood invasions of wildlife. This situation then leads to disease, starvation, and ultimately the death of these animals. The long, slow process is tragic for the animals and corrupts the ecosystem in which we all live. If the habitat next to our neighborhood is destroyed there is no question but that these animals will invade the surrounding established neighborhoods as there simply are no other large wooded tracks of land nearby for them to migrate safely. This is an already- heavily developed, largely residential area. When we spotted the bear, we naively phoned the police believing they would come and remove the bear. The position of the authorities in Florida is that no action is taken until an animal attacks or destroys property. The Florida Wildlife website states that bears and other animals are not relocated as there is not enough open space in the state to do so effectively. Bears will either become another neighborhood's problem or will try to migrate back from where they were removed causing problems for themselves and others along the way back to home territory. The only solution is that a problem animal will be slaughtered. This is a lose-lose situation for both humans and bears. In the vein of wildlife habitat destruction—there are Wood Stork living and breeding in the preserve. We have stopped to take photos of them when they venture along the creek that runs out to Wiggans Pass Rd. Wood Stork are on the US Fish and Wildlife endangered species list. 2. Water issues—flooding. Our house directly abuts the green space. During the summer, when there are heavy rains, particularly the summer of 2013, the water in that area turns the entire area into a virtual swampland. The water rises as high as the hilly verge next to our home. While it did not overflow in the summer of 2013, we understand from our next door neighbors that it has flooded to the point of washing into the pool decks of several houses away more than once particularly after severe storms. We are very concerned as to how flooding will be managed and do not see that issue addressed. 3. Obviously,the current inconveniences that come with construction: debris, traffic delays, noise, etc. are frustrating, but temporary(if not prolonged over the course of 9A several years) to the residents. What will be a permanent problem for everyone is the increased traffic when hundreds of new owners will be using already-crowded roads. We generally are not the NIMBY types, but given the fact that the developer was granted many concessions already in order to develop west of Vanderbilt, the idea that C oilier County would then allow a complete ignoring of a settlement that only would serve to benefit the developer and not the citizens who worked to get the 2008 Settlement in the first place, would result in a complete mistrust of our local government to make sure that considered settlements used to protect all are enforced. The looming environmental issues from wetland preservation to wildlife destruction are all reasons to urge Collier County to vote against this reopening and put the matter to rest once and for all. Thank you for your consideration. Sincerely Barbara and Graham Ellison 14550 Juniper Point Lane Naples, Fl 34110 9A From: Patricia Massey [amassey @alum.mit.edu] Sent: Saturday,January 24, 2015 6:06 PM To: DeselemKay Subject: Settlement Agreement of June 9, 2008 To Ms. Deselem: Our full time home address for the past 12 years is 14668 Glen Eden Drive,Naples, FL 34110. We abut the Planned Urban Development property being considered by the Planning Commissioners and Collier County Commissioners. We do not want to re-open the Cocohatchee Bay Planned Urban Development (PUD) Settlement of 2008 and we do stand by the Settlement Agreement of June 9, 2008 to have the area remain a green space/nature preserve or golf course forever. We do not want to see the destruction on the Florida native woods and wetlands or more habitat destruction next to our property. Cocohatchee Bay is also at risk of pollution from water runoff during the rainy season. To date there has been no specific information given regarding many of the details of the amendment as to why it would be in the public interest to amend the Settlement Agreement. Developer Lodge/Abbott LLC sued the Citizens of Collier County in 2008 and won the right to build 1, seventeen-story and 4, twenty-story,condo buildings on the west side of Vanderbilt Drive. The developer wants to build homes on court-settlement land designated to be golf course, or left green forever. We have followed the progress of this issue and have faithfully attended meetings. There has not been a public neighborhood meeting since March 19, 2014. Even Richard Corace of Lodge Abbott Associates, the developer, stated that the meeting that night was"neither neighborly nor informative". There has been no specific information given as to the location of the proposed single family homes, ingress and egress access points. There has been no plan to address the increased traffic on Wiggins Pass Road and Vanderbilt Drive. They are both 2 lane roads. The developer has started building Kalea Bay high rise buildings on the west side of Vanderbilt Drive. Is greed driving the desire to build residential areas on the east side too?We expect our elected officials to enforce settlement agreements and not violate public trust. Alan and Patricia Massey 239-591-4862 14668 Glen Eden Dr. Naples, FL 34110 9A From: BosiMichael Sent Tuesday, March 03, 2015 8:16 AM To: DeselemKay Subject: FW: Wiggins Bay Project Importance: High For the file From: CasalanguidaNick Sent:Tuesday, March 03, 2015 8:12 AM To: BosiMichael Cc: StrainMark Subject: FW: Wiggins Bay Project Importance: High For file From: HillerGeorgia Sent: Monday, March 02, 2015 9:27 PM To: Bill McCabe Cc: CasalanguidaNick Subject: Re: Wiggins Bay Project Thank you for your comments Bill. Sent from my iPad On Mar 2, 2015, at 4:28 PM, "Bill McCabe"<Billbmccabe.com>wrote: Hello Commissioners: I just wanted to take a moment to advise you that I am president of Cove Towers Condominiums, and with 156 units almost adjacent the project in front of you, we feel are an affected owner by any development there. My son and I did take the time to go to the meeting of the Plan Commission where we were able to hear the details of the project including drainage,traffic and more. I relayed the information to our owners, and would guess about 90%are in FULL SUPPORT of the project. I feel it would enhance our values and think single family homes are a very good thing for a mix in north Naples. We feel the large lots would be a rare product we would be proud to look at as we come and go daily. 9A We are also smart enough to know that it is difficult to make money today on a golf course and trends do change in our world and you have to adapt like we do in every day life. I must admit I was initially opposed and signed a petition to the original project. However,the problem is once you get on one of those,there is no way to rescind it. So many of our signatures here are no longer valid. I know your job can be thankless at time trying to please everyone, but wanted you to be aware of our support. Bill McCabe,President Cove Tower Condominiums bill(abmccabe.com 219-742-9200 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 9A From: grantsunl @comcast.net Sent: Wednesday, January 21, 2015 11:27 AM To: HillerGeorgia Cc: FialaDonna; HenningTom; RosenMike; rupnowdiane @gmail.com; DeselemKay Subject: PUD pf 2008 Cocohatchee Bay I do not believe that reopening the Cocohatchee Bay planned urban development (PUD) of 2008 is in the best interest of surrounding communities. We reluctantly agreed to permit the developer to use the wooded wet lands east of Vanderbilt Drive as a golf course and later amended to allow the construction of single family homes. We moved here because of its natural beauty, unlike some other areas that have become concrete jungles. These wet lands contain native vegetation and animal species that are becoming endangered because of habitat destruction. Please not allow this PUD to be reopened. Help us protect the natural environment. Ben and Carol Grant 14554 Juniper Pt.Ln. Glen Eden on the Lakes Naples, Florida 34110 9A From: Con Norman [nasnorman @gmail.com] Sent: Monday,January 26, 2015 7:42 PM To: DeselemKay Subject: Cocohatchee Bay PUD Ms.Kay Deselem, Principal Planner, Collier County. Dear Ms.Deselem, When we purchased our home in Glen Eden on the Lakes in 2010,we were assured that by a 2008 agreement,the land south of us would be developed as a golf course or else would remain a wetland. This Has important to us. We strongly object to the 2008 PUD Settlement agreement being reopened at this time,for the following reasons: *Rezoning of the land to the south of us would allow high density residential development with attendant increases in noise,traffic and pollution which will already be increased by the previously approved Lodge/Abbott west side development. *Green space and animal habitat,already decreased in Collier County will disappear.Bears have been sighted in Glen Eden over the past three months and an endangered Florida Panther has been identified.The ecological conservation of such areas is important for us all. *The wetlands south of us constitute a critical part of the drainage system for this area. *Agreements should have meaning and should be fully supported and honored by our elected officials in whom we have placed our trust. Con and Sharon Norman, 14612 Glen Eden Drive, Naples,Fl.34110 9A From: feegroup@aol.com Sent: Wednesday, December 03, 2014 11:36 AM To: DeselemKay Cc: CasalanguidaNick; StrainMark; OchsLeo Subject: Cocohatchee Bay PUD / Settlement Meetings Attachments: CocohatcheeBayPUDPetition.pdf Kay I am in receipt of the November 26, 2014 Letter sent to residents in the vicinity of the Cocohatchee PUD "Dear Property Owner" I understand from this Letter that the County has scheduled a Collier County Planning Commission Meeting (CCPC) ' for December 18, 2014 @ 9:00 PM. I strongly object (and so do many others in the neighborhood) to the scheduling of this hearing without the thousands of residents who live in the area be given the opportunity to hear from the Petition Applicant what the specific development plans are and how these changes will affect the neighborhood? The Collier County Land Development Code (10.03.05) specifies a Neighborhood Informational Meeting is required before any hearing so that residents are able to hear directly from the Applicant what the PUD is specifically being amended for? As you know the Applicant held a March 19, 2014 NIM Meeting, that Meeting was attended by 700+ residents, and concerned citizens. This meeting could not have met the Collier County's LDC NIM Meeting for many reasons. The Facility where this meeting occurred was not large enough to accommodate all of the residents who had an interest in hearing the information. Many of the residents were unable to attend because they were turned away at the door when they tried to enter. Another issue was the Information which they were presenting on Projectors and with the Sound System not working, people were just unable to hear anything during the meeting. The Applicant had not given thought to how they were going to be able to communicate with the hundreds that attended. I know that I walked away from the NIM feeling like it was not an acceptable NIM Meeting. Regardless, 9 months later, the PUD Amendment is quite different than what was presented in the March Meeting. The proposal is certainly quite different and needs to be reheard. A NIM Meeting should be required to be held in the interest of residents when all of the changes have been reviewed and accepted by County Staff. Most of the residents are not aware of any of these 9A changes that have occurred from the Original NIM Meeting to almost 9 months later. What exactly is being proposed? How can the thousands who live in the Vanderbilt Drive / Wiggins Pass Road area have any idea what the Applicant is amending? We need to know the specifics from a NIM Meeting so that we know how to testify at the CCPC Meeting. The County is there to represent the people and to make sure that they allow full disclosure of any zoning amendments that affect our property rights. I am attaching a Petition which is signed by (Hundreds of) residents of our area who are very much against any opening up of the settlement agreement that was negotiated on behalf of the residents to prevent tax payers from being on the hook for $285 Million Dollar Bert Harris Lawsuit. We trust that our County works on behalf of the citizens and that holding a NIM now with the changes that have occurred over the 9 months is a must. We trust that you will require another NIM Meeting, (One that presents all of the proposed changes and information) so that the property rights of residents in the area are protected. I am sending this email to Mark Strain (Chair CCPC) as well so that he understands just how important this matter is to our neighborhood. Thank You, Doug Fee r 9A From: RomanCharlette Sent: Wednesday, December 17, 2014 9:40 AM To: DeselemKay Subject: FW: Save Our Neighborhood! From: Diane Rupnow [rupnowdiane @gmail.com] Sent: Wednesday, December 17, 2014 8:15 AM To: RomanCharlette Subject: Save Our Neighborhood! The terms of the 2008 settlement agreement known as the Ca cohatchee Bay PUD should not be subject to change. The developer was granted permission to build toi,jers into the sky in exchange for his promise that the land along Vanderbilt Drive and Wiggins Pass Roadd would be developed as a gold course OR STAY FOREVER GREEN AS A PRESERVE. Many of us bought our homes in the Glen Eden on the Lakes neighborhood because of the adjoining preserve. We value the appearance of the natural habitat and the wildlife it protects. This fall I was shocked and saddened to see how this developer has totally destroyed the preserved land on west side of Vanderbilt Drive. Please drive by there and take a look at this current building site. Then turn to the right and imagine the same devastation on the east side of Vanderbilt Dr. running all the way up to Tarpon Cove on Wiggins Pass Road. No doubt the 2008 agreement would NOT have been signed if these current proposals had been on the table. A deal is a deal and the definition of "forever" has not changed. Please do not allow this developer to go back on his word and destroy our neighborhood any further. Diane Rupnow rupnowdiane @gmail.com 402 580-1545 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9 A Aft From: StrainMark Sent: Tuesday, December 16, 2014 3:05 PM To: DeselemKay Subject: FW: Cocohatchee PUD amendment and buffers Mark 2 39.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Diane Ketcham [mailto:dketcham @att.net] Sent: Tuesday, December 16, 2014 12:24 PM To: HomiakKaren; RosenMike; EbertDiane; StrainMark; ChrzanowskiStan; CharlotteRoman @colliergov.net Subject: Cocohatchee PUD amendment and buffers 12/16/14 Dear planning commissioner: Please forgive this mailing to all of you at once. My husband had a bone marrow transplant a few months ago (he is doing well- yeah! ) and our lives revolve around the Moffitt Cancer Center in Tampa. In fact we will be there for tests this week or we would have attended this planning commission meeting. We own a condo/villa right across the street from the planned development of homes. We were assured, through all the decades we have owned, that this land would remain green as either a preserve or a golf course, and thus our view of greenery would not change. We look out every day across Wiggins Pass Road at trees and shrubbery that are now on this land. In fact the Wiggins Bay villas, perhaps even more than the Tarpon Cove villas, are impacted by what you decide. We have heard that preventing the building of homes on land that was never to have homes may be a lost cause. So at the very least we ask that you get the builders to put a sizable buffer of greenery between the road and the new homes. I would assume those new homeowners don't want to look at Wiggins Pass Road and our villas anymore than we want to look at them. In preliminary sketches that we have seen of the design of this new project, there is a lake of some sort right by the road across from our villas. That would give us no privacy from looking at homes instead of greenery. So in our absence, t 9A could someone please ask the developer what he plans to do to protect the greenery view that the Wiggins Bay Villas now have? Thank you, Diane (and Terry) Ketcham, 778 Wiggins Bay Drive, Naples Fl, 34110 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9A From: David Stein [mailto:davidsstein1igmail.com] Sent: Thursday, March 05, 2015 8:17 PM To: BrethauerPaula Subject: PUD Dear Paula, As a seasonal resident of Tarpon Cove, I have enjoyed the preserve and the peace and quiet that comes with being here. I can understand that more people would also want to be here and contribute to our wonderful area. My concern is that the developer may not respect the needs of those of us who will border the new community. A vegetative buffer extending along all of our community would show the developer's concern for those of us who enjoy the preserve and the developer's concern to be a good neighbor. I support the Shaw's ideas of extending the 100 ft buffers throughout our borders. I hope the commissioners will represent the interests of those of us who live in the ara and are ready to welcome our new neighbors. Sincerely, David Stein Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9A From: 123 [donald123farrelly@gmail.com] Sent: Thursday,January 29, 2015 1:23 PM To: DeselemKay Subject: Cocohatchee Bay PUD Dear Ms Deselem, I am writting to ask you to vote NO on reopening the Cocohatchee Bay PUD,June 9, 2008 Settlement Agreement and Release. I am a resident of Glen Eden on the Lakes. Glen Eden shares the East-West boarder on the PUD land that is East of Vanderbilt Drive. Glen Eden has the longest boarder with this property. Since 2008 it has been know that Lodge Abbett would either build 15-holes of a golf course on this land,or it would remain wildlife animal habitat, native Florida woods, and wetlands forever. Now the developer wishes to have the PUD opened and the land rezoned residential allowing him to build housing units where the golf course would have been built. This is not what Lodge Abbett agreed to when the 2008 settlement was signed. Concessions were given the developer in the settlement; higher condo towers,decreased set-back rules,higher density,and a golf course. The residents of Collier County ask you to represent us, your constituents,by holding the developer to his court settled agreement. My goodness, such profits will be made from the selling of the condos on the West side of Vanderbilt Drive. The residents of Arbor Trace will be sorely affected by the high towers looming over them. I do believe the developer has reaped enough profit from his purchase of these lands, the decision made in 2008 made that very clear.Naples has such good sense when it comes to city planning, green space is needed in order to cohabit with nature. I believe that is what the city planners envisioned when they sought to create the beautiful environment and desired destination that Naples has proven to be. Please vote no on both the reopening of the PUD, and on rezoning this land. Donald Farrelly 14562 Juniper Point Lane Naples, FL 34110 240-821-7050 1 9A From: Diane Rupnow [rupnowdiane @gmail.com] Sent: Thursday,January 29, 2015 8:09 AM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny; DeselemKay Subject: Vote "NO" on Re-opening Cocohatchee Bay PUD Settlement of 2008 Dear Collier County Commissioners: cc: Kay Deselem I am writing to ask you to vote"NO" on re-opening the 2008 Cocohatchee Bay PUD settlement. We own a home in Glen Eden on the Lakes,the subdivision adjacent to the"golf course"parcel. We were under the impression that the settlement was a legal agreement between the county and the developer and that this land adjacent to us would be a golf course or green space forever. We are shocked and saddened that this may not be the case. Please uphold the agreement made in 2008 and do NOT allow the developer to build housing in this location. Sincerely, Diane Rupnow rupnowdiane(r?gmail.com 402 580-1545 9A From: BellowsRay Sent: Tuesday,January 20, 2015 9:01 AM To: DeselemKay Cc: BosiMichael Subject: FW:Vote "NO" on Re-opening Cocohatchee Bay PUD Settlement of 2008 Attachments: Cars turning around!.jpg;Glen Eden Exit view to left.JPG; Glen Eden exit view to right.jpg; pygmy rattlesnake.jpg FYI Rae* Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone:239.252.2463; Fax: 239.252.6350 County From: LenbergerSteve Sent:Tuesday, January 20, 2015 8:35 AM To: BellowsRay; BrownAraqueSummer; LorenzWilliam; McKennaJack Subject: FW: Vote "NO" on Re-opening Cocohatchee Bay PUD Settlement of 2008 FYI From: Diane Rupnow [mailto:rupnowdianePgmail.com] Sent:Monday,January 19, 2015 4:52 PM To: DeselemKay; CasalanguidaNick; Fiala Donna; HillerGeorgia; HenningTom; NanceTim; TaylorPenny; HomiakKaren; RosenMike; EbertDiane; DoyleBrian; StrainMark; ChrzanowskiStan; RomanCharlette; ThomasEastmanCa>colliergov.net; CarnellSteve; LenbergerSteve; PodczerwinskyJohn; BosiMichael Subject: Vote "NO" on Re-opening Cocohatchee Bay PUD Settlement of 2008 We are writing Collier County Planners, Commissioners, Staff and Employees regarding an urgent need to stop a developer from destroying the forest preserve adjacent to our subdivision. Our buffer zone with this preserve is maintained by "Woodlands and Wetlands" who tell us that it contains "native vegetation" that is rare and should be preserved for Floridians to see. It contains old pines,wetlands, a small lake and thousands of animals including a Florida panther as well as black bears,bobcats,deer and numerous other animals. Our request is urgent because a developer has submitted a proposal to the Collier County Planning Commission to build residential property on this land.This same developer 1 9A signed a settlement agreement in 2008 in which he promised that this preserve would "remain green forever" if he didn't build a golf course on it. Now he is asking the Collier County Board of Commissioners to let him out of that agreement and they will vote on it at their meeting on February 24,2015. We live in Glen Eden on the Lakes,a small community of 97 homes near the intersection of Wiggins Pass Road and Vanderbilt Drive in Naples,Florida. Our subdivision forms the longest contiguous border with the preserve we must maintain. We bought our homes here to be close to nature and with the assurance that it would become a golf course or remain undeveloped. The developer is Lodge/Abbott LLC from Detroit,Michigan.He owns several hundred acres of valuable property close to the gulf on the west side of Vanderbilt Drive (just north of the intersection with Wiggins Pass Road) as well as the preserve area adjacent to us on the east side of Vanderbilt Drive. REQUESTED ACTION: Please come here to observe the construction site,visit our preserve and talk with us. We ask that you use your knowledge of the political system, and the law as well as your duty to preserve the environment to stop this developer from getting the 2008 settlement re-opened. It is our hope that County Planners and Commissioners and others truly concerned about the environment have more power and lawyers than this developer. Please help us! HISTORY: Over a dozen years ago, Lodge/Abbott submitted plans to build 5 high-rise towers 20 stories tall on his land west of Vanderbilt Drive. His plans remained unapproved for years because of a bald eagle nest on site. Also the county limited the height of condo towers to 15 stories. So the developer sued Collier County for over$240 million citing a Bert Ilarris claim for lost property value if the county didn't approve looser bald eagle rules. The negotiations went on for years,but basically the developer agreed to drop the Bert Harris lawsuit if the county would allow him to exceed the tower height limits. After long negotiations,Abbott and the county signed a settlement agreement known as the "Cocohatchee Bay PUD Settlement" of 2008. The Collier County Commissioners gave the developer concessions in zoning laws including a smaller space between buildings and approval to build 4 of his towers 20 stories tall and the 5th • 1 9A to wer 17 stories tall. In exchange for the privilege of blocking the sunset views for thousands of citizens forever, the developer agreed that the land he owned on the east side of Vanderbilt D rive(the preserve adjacent to us)would be developed as a golf course or"stay forever green." New that the popularity and profitability of golf has declined,the developer wants to go back on his word and destroy the preserve to build houses on that land He submitted a proposal to the Collier County Planning Commission December 31, 2013 to increase his total number of dwelling units (on both sides of Vanderbilt Drive) from 590 to 870 and add single family detached and attached dwelling units, multi-family housing and senior assisted living units in the preserve area next to us.What good is a settlement agreement if it's not enforced by elected officials? Naturally, homeowners in neighboring subdivisions didn't like this idea so when the developer's reps held a"Neighborhood Information Meeting" March 19, 2014 over 700 concerned citizens showed up wearing stickers saying, "A Deal is a Deal!" The reps were not prepared to lead their meeting; they had no visuals that anyone could see; they could not answer questions from the audience. We(the neighbors) learned nothing, but the developer learned that he'd need to revise the scope of his building project, "divide and conquer" the people who had packed that meeting room,and be prepared to work fast in the coming months while a great many of those concerned citizens were in their northern homes. His plan worked well. After changing his building project's design for the east side of Vanderbilt Drive, he did not have a public"Neighborhood information Meeting"which he should have been required to do. Instead, he had his reps meet with small select groups of people from neighboring subdivisions and won their approval. For instance, only 6 of the 97 residences in Glen Eden on the Lakes were told of those meetings and had the opportunity to attend them and become informed. The rest of us are just now learning the details of how this project was steamrolled through the governmental hoops. NOW: Construction has started on the west side of Vanderbilt Drive and we are saddened by the total devastation! He clear-cut a huge area of land beside the mangroves that run along a very important watershed known as"The Wiggins Pass." We live in a flood plain and the preserves across the road contained wetlands which provided water management during heavy rains. There is nothing there now but huge piles of sand which will be in our living rooms if we have a storm surge. 9A The preserve adjacent to our homes contains wetlands and a lake which help manage water during the rainy season. Even then,the property owners closest to the preserve have water several feet from their houses. Our property will be subject to even greater risk of flooding if he is allowed to cut down the forest preserve and destroy the wetlands adjacent to us. Also,when he clear-cut the preserve west of Vanderbilt Drive,thousands of animals moved across the road into the preserve adjacent to us in Glen Eden on the Lakes. On November 10th my next door neighbor took a photo of a pygmy rattlesnake basking in the sun on his lanai stoop. In mid December, at 7:15 a.m.we saw a Florida panther in the back yard of 14512 Satin Leaf Lane. On December 27th at 8:15 p.m. I had a bear in the tree in my front yard and th ere have been NUMEROUS bobcat sightings near our homes. (We do know the difference between a panther and a bobcat.) If the settlement agreement is reopened,the developer plans to cut down most of the preserve next to us, and the homeowners in Tarpon Cove and Glen Eden on the Lakes will be inundated with wildlife because the animals will have no place to go. It could definitely become a safety issue for residents in this area. The Florida panther is an endangered species because of habitat destruction and this should be factored into the decision commissioners make on February 24th. We know that you are committed to maintaining the integrity of our communities and not letting our coast become developed like Miami. We know that the state of Florida has purchased land like our preserve to make sure "native vegetation" is accessible to Floridians forever. . . We know that you care about preserving the safety and way of life for Collier County citizens and wildlife such as the endangered Florida panther. Please help us! TRAFFIC: Vanderbilt Drive is a two-lane highway with heavy "in season"traffic volume. We have been accustomed to waiting behind several cars needing to turn left as they exit our subdivision. However, on January 16th,turning left wasn't an option because the southbound lane on Vanderbilt was backed up from the bridge to 10 car lengths north of the entrance to Arbor Trace. Some of us waited 10 minutes to exit Glen Eden which is 9A unacceptable. The roadway was dangerous because angry drivers were turning around on Vanderbilt and then speeding north to cut over to 41 on Woods Edge. If the roadway is failing now due to construction and "in season" traffic,what will we experience when he puts 590 dwelling units in his towers west of Vanderbilt? This roadway won't be able to handle the additional traffic. Then he wants to put in 62 more houses in the preserve next to us?!? Our way of life will be drastically changed by his plans and we are not happy about it! OUR ACTIONS: We have written letters to the Collier County Board of Commissioners asking that they vote "NO" on reopening the 2008 Cocohatchee Bay PUD Settlement. We have called their offices and asked that they come to our area and see the construction site and our preserve so they know what they are voting on. Commissioners Taylor and Fiala have agreed to come in February. Our own District 2 Commissioner is Georgia Hiller and we have been unable to speak with anyone in her office. It would appear that she is supportive of the developer's plan because she helped him coordinate the small meetings his reps held with a few neighboring property owners and hosted them in her satellite office. It is important that all County Commissioners come to this area to see this situation. It would appear that "money talks'; and this wealthy developer seems poised to get his way and his needs (more profit) met by our elected officials. We've been told that this "is a done deal" and that nothing the common citizen can say or do will affect the outcome of this process. We hope this is not true! We hope YOU will see our perspective and advocate that justice be done.We ask that you hold this developer to the deal he made in 2008. Please contact me and arrange a time to come meet with us. Any assistance you can provide would be greatly appreciated. And hurry! Sincerely, 9A Diane Rupnow 14555 Juniper Point Lane Naples, FL 34110 rupno wdiane(gmail.com 402 580-1545 Emily Kearns 14722 Glen Eden Drive Naples, FL 34110 ernkeans5 @gmail.com 414 491-0063 Carl Stendahi 14813 Glen Eden Drive Naples, FL 34110 cps2004 c,glenedenonthelakes.us 239 514-7929 Patsy Abbett 14512 Satin Leaf Lane Naples, FL 34110 pjabbett(a�comcast.net 239 593-5348 9A Judi Palay 14648 Glen Eden Drive Naples, FL 34110 ju dipalay @aol.com 239 513-9141 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 9 A a, From: David A. Cressy [dacressy @gmail.com] Sent: Thursday,January 22, 2015 1:13 PM To: DeselemKay Cc: James Schultz; Carl Stendahl; Diane Rupnow; 'Jim Daffin'; Patsy Abbett Subject: Cocohatchee Bay PUD Attachments: County Commisioners 1-22-2015.pdf Good afternoon Kay, It is my understanding that you are Principal Planner for Collier County and that you will be providing a written recommendation to the Board of County Commissioners in the near future associated with their vote to reopen the Cocohatchee Bay PUD Settlement Agreement of 2008.As someone who has attended numerous meetings including the May 2 meeting with Georgia Hiller, Richard Corace and members of your staff, I am not opposed to allowing 62 residential units to the property owned by Lodge-Abbott on the east side of Vanderbilt Drive.While I would prefer that the property remain in its natural state,I recognize that this is unlikely. However, the county attorney has stated that once the PUD is reopened,there are no guarantees that Mr. Corace and Lodge-Abbott will not request further changes or completely alter the proposal.Lodge-Abbott has not acted in a manner that gives me any degree of confidence or trust in what they will do. Therefore,unless the county obtains a legally binding agreement consistent with proposal of May 2, 2014,the Board should be advised to vote NO. The 2008 agreement was unsatisfactory but it is known and understood. It has the support and authority of the court behind it.Why substitute the known for the completely unknown? I attach a copy of a letter that I have forwarded to the Board of County Commissioners for your information. With best regards, David Cressy 14664 Glen Eden Drive Naples, FL 34110 9A From: Connie Dillon [connie.dillonl @gmail.com] Sent: Wednesday,January 21, 2015 8:11 AM To: DeselemKay Subject: Cocohatchee Bay PUD Settlement of 2008 Dear Ms. Deselem, I am writing you as a concerned resident of Glen Eden on the Lakes. I strongly oppose the Collier Board of County Commissioners re-opening of the Cocohatchee Bay PUD Settlement of 2008.As part of the developer Lodge/Abbott's agreement in the 2008 lawsuit,they won the right to develop on the west side of Vanderbilt Drive but agreed to leave the east side of Vanderbilt Drive either as a golf course or a natural preserve area forever. I do not understand why this developer now is asking to build homes on this land designated for golf course or natural preserve. Why would this destruction of native woods and wetlands be permitted? As an 11 year homeowner I strongly protest the destruction of the wooded preserve area south of Glen Eden on the Lakes. Development will endanger wildlife. We have already had a bear wandering in Glen Eden due to the clearing on the east side of Vanderbilt Drive. I am also concerned about increased risk of flooding if these wetlands are destroyed. Please do NOT allow the re-opening of the Cocohatchee PUD Agreement of 2008. Shouldn't an agreement be honored? Sincerely, Constance C. Dillon 9A Thomas P. Hanna 14702 Glen Eden Dr. Naples Fl. 34110 Attn Ms. Kay Georgia Hiller Re: Cocohatchee Bay PUD Settlement My wife and I are homeowners at 14702 Glen Eden Dr., purchasing the home in July of 2012. Among other reasons we bought in the Glen Eden development because the area adjacent to our development was designated as either Green Space or a Golf Course as a result of a prior litigation settlement. Since we are both practicing lawyers we fully understood that the adjacent property was by a settlement contract to be forever green space or a Golf Course and in reliance on that fact we invested in our current home where we spend considerable time. Now the developer is seeking to void the contract that he entered into with the county a mere six years from the time of the settlement contract. This is not what we signed up for when we bought our home after an exhaustive search for over a year, looking at over 30 properties. I thought we found paradise, now I am not so sure, that will depend on your actions. There is will certainly be an increase in noise pollution from the construction of this proposed 62 unit development. This is not what I was looking for in my retirement home where I seek to eliminate stress for my cardiac condition. I just can't wait for the roar of the construction equipment! I might as well stay at work in my Law Office in Philadelphia. Traffic will be bad enough with the addition of 5 new multi unit condos (which the county and the developer settled and bargained for) but Wiggins Pass will be a nightmare with the addition of the proposed new 62 units. While I am not crazy about the construction of the 5 condos, I knew about the construction when we bought our home and bought it with full knowledge of the settlement agreement. I was looking for green space next to my home and thought we had it forever and the settlement contract contemplated, little did we know that the county would even consider modifying a valid settlement contract. ' 9A The developer recently cleared the land across Vanderbilt Dr (as he was entitled pursuant too the settlement and we are noticing wildlife foraging for food (most recently a Black Bear). There is also a panther that lives in the habitat at issue and is an endangered species. It is difficult enough for these poor animals with the limited habitat for them west of 41 . There should not be added stress put on them or on the residents of Glen Eden by their forced intrusion that will be caused by the additional development. The aforementioned issues are merely a few reasons why the settlement contract should not be modified. I have entered into many hundreds of settlements over the years on behalf of clients. I explain to them no matter what their level of sophistication that a settlement is a binding contract, if you enter into it you have to live with it or otherwise just litigate the case and let the chips fall where they may. You don't get a do over if conditions change, whether they be social conditions or market conditions. In this case both parties were very sophisticated, one being a governmental entity and the other a large developer. They both thouroughly understood and agreed to the terms of the settlement agreement. A good settlement is one that neither side gets everything he/she wants, the developer got what it bargained for 5 large condo units, the county got what it bargained for green space. I'm sure neither side got everything they wanted, that's the idea, and why they call it a settlement! Both sides have live with legally binding settlement contract. DO NOT MODIFY THE SETTLEMENT CONTRACT BOTH SIDES GOT THE BENEFIT OF THEIR BARGAIN. Very truly yours, Thomas P. Hanna Esq. 9A January 18, 2015 Board of Collier County Commissioners: Donna Fiala Georgia Hiller Tom Henning Tim Nance Penny Taylor Kay Deselem E.M. Kearns RE: Proposed Re-Zoning of Cocohatchee Bay PUD Dear Commissioners, My name is William Jefferson and my wife and I own a condominium in Princeton Place in the Wiggins Bay Community. Years ago,I attended a convention at the Ritz Carlton in North Naples and we immediately knew that this was where we wanted to retire to. My wife is planning to retire in June and I am not far behind that, so we are finally looking at being able to spend meaningful amounts of time in Naples. One of the reasons that we chose the community where we bought was the limited amount of further development that could be done to the surrounding land. Our realtor was very well informed about the area, although it was not easy to decipher and predict what was going to take place but I must say that she has been quite accurate so far...that is, until this attempt to re-open the Cocohatchee Bay PUD and re-zone the area DIRECTLY ACROSS THE STREET FROM OUR RETIREMENT HOME! We implore you NOT to approve re-opening the PUD or allow the property to be re-zoned. This parcel is one of the few remaining natural properties left and MUST not be sacrificed to development in excess of what was previously agreed upon. Please honor the agreement that was previously made with the developer and do what is right for the community and the natural habitat,part of which is wetland which HAS be protected. This is a classic opportunity to put into practice your concerns about overcrowding, traffic flow,preservation of nature and green space,and excess development. The entire County will be watching the actions that you will take on this matter. If you fail to uphold the previous agreement, Collier County citizens and property owners will no longer be able to trust you to look out for the public good over the wishes of zealous developers. Thank you in advance for NOT re-opening the Cocohatchee PUD and re-zoning that property to a higher density than was previously agreed upon. Sincerely, William R. Jefferson, CPA (410)-562-8917 wrjcpa@verizon.net 9 A ..4 From: RomanCharlette Sent:Thursday, January 22, 2015 3:53 PM To: BellowsRay Subject: FW: DO NOT Re-Open the Cocohatchee Bay Planned Urban Development(PUD) Settlement of 2008 Please forward as appropriate. From: Monica Feredjian [monifered @gmail.com] Sent: Wednesday,January 21, 2015 10:38 AM To: HomiakKaren; RosenMike; EbertDiane; DoyleBrian; StrainMark; ChrzanowskiStan; RomanCharlette; FialaDonna; HillerGeorgia; HenningTom; TaylorPenny; NanceTim Subject: DO NOT Re-Open the Cocohatchee Bay Planned Urban Development(PUD) Settlement of 2008 Dear County Commissioners and Planners, I am a property owner and resident at the Glen Eden on the Lakes community: I am extremely concerned about the possible re-opening of the Cocohatchee Bay PUD settlement of 2008. Just as a reminder.... Developer Lodge/Abbott LLC sued the Citizens of Collier County in 2008 and won the right to build 1, seventeen-story and 4, twenty-story, condo buildings on the west side of Vanderbilt Drive. (590 new residences) • Part of the lawsuit settlement ruled the wooded wetlands east of Vanderbilt Drive would be developed as 15-holes of an 18-holes golf course, or it would be left in its natural stateFOREVER. • Forever lasted only 6-years. Now the developer wants to build homes on court-settlement land designated to be golf course, or left green forever. • The developer recently clear-cut the entire woods, and wetlands on the west side of Vanderbilt Drive. • We see the wildlife now in our yards looking for food and a new home. • We do not want to see the same destruction on the Florida native woods and wetlands next to our property. • A Florida panther lives in the preserve adjacent to us. That species is endangered because of habitat destruction. • We will have increased pollution from noise, wind and blowing sand. • Cocohatchee Bay is also at risk of pollution. • We will have increased risk of flooding because we are in a flood zone. These are just some of the foreseable negative consequences that I foresee. I did not even mention traffic on Vanderbilt Road and worse r 9A still on Wiggins Pass road which for sure will not be able to absorb the traffic leading into Tamiami Trail. Please DO NOT allow the PUD settlement to be reopened. It is not good for our neighborhood. It is not good for Naples. It is not good for Florida. Respectfully yours, Monica Feredjian 14608 Glen Eden Drive Naples, FL 34110 1 9 A From:RomanCharlette Sent:Thursday January 22, 2015 3:52 PM To: 8d|nwsRay Subject: FVV; Concerns RE 2008 Cocohatchee Bay PUD Settlement Please forward as appropriate. .~—._ -~-~�____-_____-_-__-___'_______ From: Mary Nichols [mary.nichols@rogers.com] Sent:Wednesday, January 21, 2015 5:44 PM To: RomanCharlette Subject: Concerns RE 2008 Cocohatchee Bay PUD Settlement Dear 1s.Roman, It has just come to my attention that there may be some consideration given to the re-opening the 2008 Cocohatchee Bay PUD Settlement. I find this extremely alarming. It was my understanding when my husband and I purchased this property in Glen Eden on the Lakes that a settlenent was in place to preserve the land adjacent to us as a green space forever(if not,a golf course). Currently this area of native woods and wetlands protects our risk of flooding as we are in a flood zone, protects Cocohatchee Bay from pollution and provides a habitat for our Florida wildlife. It serves a vital purpose. I was shocked to see the clear cutting on the west side of Vanderbilt Drive and as a result of this,we see increased wildlife in our community, looking for a home and food. We cannot allow additional dear-cuthng on Vanderbilt Drive. I expect the settlement agreements to be enforced by our public officials, It would be a violation of public trust to do otherwise. Thank you for your kind attention in this matter, Sinuoro|y, Mary Nichols 14734 Glen Eden Drive Naples,FL 34llQMary Nichols • 9A From: Serena Di Lillo [sdilillo @sympatico.ca] Sent: Thursday, January 29, 2015 11:34 AM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim; TaylorPenny; D eselemKay Subject: Vote no - reopening the Cocohatchee Bay PUD settlement 2008 To whom it may concern I am a homeowner in Glen Eden On The Lakes and have been since 1999. At that time two gentleman by the name of Gary and John the original developers assured me that there would be a golf course on the parcel of land next to our subdivision. Now 4 twenty story and a 17 story condos have been approved across from me on Vanderbuilt Drive. We already have a difficult time at rush hour getting out of our subdivision and my grandchildren when they visit me love to bike ride which has become quite dangerous trying to cross over Vanderbuilt to the other side. We will suffer the impact of traffic a lone when these 20 story condos appear and the additional other. Beside our subdivision and across from our subdivision is all wetlands which now will put our community at risk the fact that we are already in a flood zone with wetlands all around us. Future development will impact our community. Our neighbourhood has been experiencing first hand what is happening to our wild life next door. The developer has recently started clearing the property on the east side of vanderbuilt and North side of Wiggins Pass and have displaced a black bear as he was spotted in a tree in our subdivision. my son and grandchildren during xmas holiday also called animal control when they spotted the same bear off Wiggins Pass on the south side. It was a few streets in behind a fence in a gated community. In other words stuck within the community and chain link fence. A panther also lives there and an endangered animal as well. After all the development in the first place for a golf course was held off for years because of an Eagles nest. Why not allow that space to stay a beautiful preserve and escape the worry of flooding and allow our birds and wildlife a place to thrive as nature intended. Please! Please! Please! Take my thoughts and I am sure the thoughts of many other concerned citizens into consideration when making this decision. Please don't make it about money and progress for the community as it too much r 9A development destroys communities. We all need green space to hear the b irds. T hank you so much for taking the time in reading this long letter and p lease think of all the communities within this parcel Kindly Serena DiLillo Homeowner vote no 19A Fr om: ladyidoc @aol.com Sent: Monday, January 26, 2015 7:21 PM To: FialaDonna; HillerGeorgia; tomhenning @collirgov.net; NanceTim; TaylorPenny; DeselemKay Subject: Re-opening the 2008 Cocohatchee Bay PUD Settlement Dear respected Commissioners and Ms. Deselem, I wish to voice my opposition to the re-opening of the 2008 Cocohatchee Bay PUD Settlement. We purchased our home in Glen Eden on the Lakes in 2004 with the assurance that the land adjacent to us.would be green-space forever, or at worst, a golf course. I would expect my elected official up uphold this settlement agreement and not violate public trust. The developer requesting to re-open the PUD has already devastated the green space on the west side of Vanderbilt Drive. We have seen in the last few weeks a bear and a panther in our very neighborhood searching for food and a new home. The developer initially promised a 62 home development in the area adjacent to our homes, but there is nothing to stop him from any structures legal on a R1 and R2 zoned property. This is in complete opposition to the 2008 PUD settlement. I strongly oppose the re-opening of the PUD settlement. Respectfully yours Marianne Geraci, MD 14640 Glen Eden Dr. Naples, FL 34110 9 A Fr om: BellowsRay Sent: Thursday,January 15, 2015 5:23 PM To: rupnowdiane @gmail.com Cc: DeselemKay; LenbergerSteve Subject: FW:Staff Report regarding"PUDZ-PL20130001813: Cocohachee Bay RPUD" Attachments: speech to CC Planning commission; pygmy rattlesnake.jpg;Video- 3.MOV; Video-4.MOV Hi Diane, Thank you for sending the attached information concerning the above referenced land use petition. I copied Kay Deselem (Principal Planner) and Steve Lenberger (Environmental Specialist) on this e-mail so they can review your concerns and include that information in their report that they will be presenting to the Board of County Commissioner during their meeting scheduled for 2/24/15. Please note that the Planning Commission officially heard this petition on 12/18/14 and they did review the environmental issues and concerns raised by the County review staff and the public at that time. Since the Planning Commission already voted on this petition on 12/18, they could not accept new additional testimony during today's "Consent Agenda" hearing. The purpose of the "Consent Agenda" is only to verify that the applicant has revised their plans and documents to be consistent with all the revisions and conditions of approval made during the 12/18 meeting. Even though new testimony wasn't allowed today, the BCC can hear new testimony and new information during their hearing of this petition as noted above. You can also meet with staff to discuss the environmental regulations and the staff recommendations and comments. While the attached documents will be made part of the record that is presented to the BCC, you can also to verbally present your concerns to the BCC for their considerations. Please let me know if I can be of any other assistance Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone:239.252.2463; Fax:239.252.6350 Ca er Cone�,ty • T 9A • From:Diane Rupnow [mailto:rupnowdiane@cimail.com] Sent:Thursday, January 15, 2015 1:41 PM To: BellowsRay Subject: Staff Report regarding "PUDZ-PL20130001813: Cocohachee Bay RPUD" Dear Mr. Bellows, I want to thank you for assisting me this morning at the Planning Commissioners'Meeting. I am a novice at county government procedures,but it seemed unfair of the chair to not let me speak at the time this agenda item was being discussed. When I received a copy of your 22 page staff report last week, I read it thoroughly and took notes when I didn't understand something or took issue with something. I'm going to send you another message that includes comments I'd like to make about the entire report. When I went online to find out more about the Planning Commission, I read at the bottom of the homepage that in 2013 the BCC put them in charge of environmental issues so I thought it important for all of them to hear from a Glen Eden on the Lakes resident on the surge in wildlife sightings since the preserve on the west side of Vanderbilt was cut down . . . It is especially important for them to know about the Florida panther that lives in our preserve. Attached to this message, please find a copy of the speech I made at the meeting this morning. I will also attach a.jpg of the pygmy rattlesnake and two video clips of the bear in the tree in my front yard. The quality of the bear videos is not good because it was dark at 8:15 p.m., but the 1st one shows the bear getting stuck while descending the tree and the 2nd one shows it running across my driveway and then walking down the street. Please contact me if you have any comments regarding this issue. Sincerely, Diane Diane Rupnow rupnowdiane(a�gmail.com 402 580-1545 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 9A From:joan d lynch [joanlynchl@comcast.net] Sent:Wednesday,January 21, 2015 8:01 PM To: RomanCharlette Subject: Cocahatchee PUD Dear Ms. Roman We are residents of Glen Eden on the Lakes.We are most concerned about the planned development in our neighborhood. As you know, five high rises are are going up across the street from us. Now the same developer tells us there will be seven hundred homes built on the preserve/wetlands adjacent to us. These two projects will bring thousands of new residents into our immediate neighborhood. In addition, the only habitat for wild life in the area will be lost. The loss of the wetlands , will, most certainly, cause serious flooding in our community especially should there be hurricanes. The builder"strip mines"the properties. Please see the area on Vanderbilt Drive he has already stripped to put in the FIVE high rises.This part of Naples which was the last green area will be lost. In season, we already have a problem getting out of our community. Add to that the bicycle paths that are being built and that will have the same right of way as cars. The board of Commissioners couldn't have envisioned this whole picture as they approved or considered these changes. This situation is unimaginable and unthinkable. Please help us with this serious matter. Sincerely, Joan and Thomas Lynch 14710 Glen Eden Dr. 9 A �.. From: Joan Ticconi (jaticconi @hotmail.com] Sent: Tuesday, February 03, 2015 11:26 AM To: DeselemKay Subject: PUD VOTE NO TO RE-OPEN PUD 9A From: Sandy Green [sandygreenfl@yahoo.com] Sent: Friday,January 30, 2015 9:35 AM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim; PennyTaylor@colliergov.net; DeselemKay Subject: Fw: Vote "NO"on Re-Opening Cocohatchee Bay PUD Settlement of 2008 I apologize as I forgot to include my address (14591 Glen Eden Drive Naples, FL 34110). Please see revised letter below. -----Forwarded Message From:Sandy Green <sandvgreenfl @yahoo.com> To: "DonnaFiala(o)colliergov.net" <DonnaFialaa,colliergov.net>; "GeorgiaHiller{c�colliergov.net" <GeorgiaHiller(a?colliergov.net>; "T omHenning(a�colliergov.net" <TomHenninccacolliergov.net>; "TimNance a[7.colliergov.net" <TimNanceCa?coiliergov.net>; "PennyTaylor(7a,colliergov.net'" <PennvTavlorCa?colliergov.net>; "kaydeselem @colliergov.net" <kaydeselem(a>_colliergov.net> Sent: Friday, January 30, 2015 9:05 AM Subject:Vote"NO"on Re-Opening Cocohatchee Bay PUD Settlement of 2008 Dear Collier County Commissioners: cc: Kay Deselem I am writing to ask you to vote "NO" on re-opening the 2008 Cocohatchee Bay PUD settlement. We own a home in Glen Eden on the Lakes, the subdivision adjacent to the "golf course" parcel. We purchased our home here in Glen Eden in 2012 with the understanding that the land adjacent to us would be a golf course or green space forever. My husband and I looked at homes every weekend over a 4 year period and we always came back to Vanderbilt Drive (Glen Eden on the Lakes) mainly because of the preserve area surrounding Glen Eden and because Vanderbilt Drive was not a highly traveled road. We also own property in Bay Forest (also down Vanderbilt Drive) and our unit In Bay Forest overlooks the preserve (which can never be built on). We thought about selling this unit numerous times and have had many offers but we always decline as we (like everyone else) love the preserve and nature trails throughout the community. Like Bay Forest the preserve around us in Glen Eden contains "native vegetation", that is rare and should be preserved. It contains old pines, wetlands and thousands of animals including black bears, Florida panther, bobcats, deer, sea otters, and numerous other animals. These animals by the way have no place to go. Other concerns include the fact that we live in a flood plain and the preserves adjacent to our homes contain wetlands and a lake which help manage water during the rainy season. We purchased our home in Glen Eden on the Lakes to be close to Nature (like Bay Forest) and with the assurance that it would become a golf course or remain undeveloped. We are extremely shocked and saddened that this is not the 9A case. We could have chosen many other communities to purchase in but none are like what currently exists in Naples and on Vanderbilt Drive. Please uphold the agreement made in 2008 and DO NOT allow the developer to build housing in this location. Kind Regards, Sandy Green 14591 Glen Eden Drive Naples, FL 34110 s andygreenflAyahoo.corn 239-431-6217 9A From: StrainMark Sent: Tuesday, December 16, 2014 3:05 PM To: DeselemKay Subject: FW: Petition#: PUDZ-PL20130001813 Cocohatchee Bay RPUD M ark/ 239.252.4446 Under FLorida Law, e-maiL addresses are pubLic records. If you do not want your e-maiL address released in response to a pubLic records request, do not send electronic maiL to this entity. Instead, contact this office by telephone or in writing. From: Susan Snyder [mailto:ssnyder2 @columbus.rr.com] Sent:Tuesday, December 16, 2014 11:43 AM To: Strain Mark Subject: Petition#: PUDZ-PL20130001813 Cocohatchee Bay RPUD Hi Mark, I'm sure you know how I feel about this. Approving a PUD Amendment for PUDZ-PL20130001813 Cocohatchee Bay RPUD is not in the best interest of the community at large. There was much debate and expense invested in the 2008 agreement between the County Commissioners and Lodge/Abbott Associates. The existing PUD mandates that if the golf course idea is abandoned,the land"--except for two single-family homes allowed there—'shall remain forever as green open space,'dedicated to boardwalks,bicycle paths, drainage or a lake,nature trails,a wildlife sanctuary or other similar uses in its PUD. "Naples Daily News-March 14, 2014. ‹http.//insurancenewsnet.com/oarticle/2014J03/14/developer-wants-to-Qo-back-on-countv-settlement-abandon-aolf-course-plans-to-bu-a- 474497.html#.Uzsl W r_N bes> Now, Lodge/Abbott Associates has determined"The market demand for golf in Collier County and nationally is not what it once was."(quoted from Richard Grant, Lodge/Abbott's attorney). In order to make as much money as possible off the land at Cocohatchee Bay,the developer desires to eliminate a$3 million payment to the county's affordable housing trust fund, eliminate the golf course,add 94 acres,and build 280 homes.What happened to the promise they made to the community and the County Commissioners? Approving the requested amendment for the PUD to Lodge/Abbott Associates would cause many problems for the existing community. There is no infrastructure to support the additional traffic and other effects that a greater density development would create. If changes are permitted,existing green open space will be lost,water flow will be adversely affected,and residents will continue to lose faith in any promises made by developers. Sincerely, Susan Leach Snyder 17 Bluebill Ave.#803 Naples,FL 34108 Under Florida Law,e-mail addresses are public records.If you do not want yot.ir e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. y: 9A From: Steve Nichols[nicholssw@rogers.com) Sent: Wednesday,January 21, 2015 6:44 PM DeselemKay Subject: Concern RE Cocohatchee Bay 2008 PUD Settlement Dear Ms. Deselem, It has come to my attention that there may be some consideration given to the re-opening the 2008 Cocohatchee Bay PUD Settlement. I find this unacceptable. The settlement should stay in place as was the intent of the agreement. It was my understanding when I purchased this property in Glen Eden on the Lakes that a settlement was in place to preserve the land adjacent to us as a green space in perpetuity. Currently this area of native woods and wetlands is vital in the protection of our risk of flooding as we are in a flood zone, the protection of Cocohatchee Bay from pollution and the protection of a habitat for our Florida wildlife. The clear cutting on the west side of Vanderbilt Drive for the planned high-rises will result in increased traffic and pollution and we already see the displacement of the wildlife. We cannot allow additional clear-cutting on Vanderbilt Drive. I do hope that the settlement agreements will be enforced by our elected officials. It would be a violation of public trust to do otherwise. Sincerely, Stephen Nichols 14734 Glen Eden Drive Naples, FL 34110 9A From: Timothy Geraci [tigeraci @comcast.net] Sent: Monday,January 26, 2015 7:29 PM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny; Deselem Kay Subject: Re-opening of the 2008 Cocohatchee Bay PUD Settlement Dear respected Commissioners and Ms. Deselem, I wish to voice my opposition to the re-opening of the 2008 Cocohatchee Bay PUD Settlement. We purchased our home in Glen Eden on the Lakes in 2004 with the assurance that the la nd adjacent to us would be green-space forever, or at worst, a golf course. I would expect my elected official up uphold this settlement agreement and not violate public trust. The developer requesting to re-open the PUD has already devastated the green space on the west side of Vanderbilt Drive. We have seen in the last few weeks a bear and a panther in our very neighborhood searching for food and a new home. The developer in itially promised a 62 home development in the area adjacent to our homes, but there is nothing to stop him from any structures legal on a R1 and R2 zoned property. This is in complete opposition to the 2008 PUD settlement. I strongly oppose the re-opening of the PUD settlement. Respectfully yours, Timothy Geraci 14640 Glen Eden Dr. Naples, FL 34110 9A Front Mary Nichols [Mary.Nichols @rogers.com] Sent: Wednesday,January 21,2015 5:16 PM To: DeselemKay Subject: Concern Regarding Cocohatchee BayPUD Settlement Dear Ms. Deselem, It has just come to my attention that there may be some consideration given to the re-opening the 2008 Cocohatchee Bay PUD Settlement. I find this extremely alarming. It was my understanding when my husband and I purchased this property in Glen Eden on the Lakes that a settlement was in place to preserve the land adjacent to us as a green space forever(if not,a golf course). Currently this area of native woods and wetlands protects our risk of flooding as we are in a flood zone,protects Cocohatchee Bay from pollution and provides a habitat for our Florida wildlife. It serves a vital purpose. I was shocked to see the clear cutting on the west side of Vanderbilt Drive and as a result of this,we see increased wildlife in our community,looking for a home and food. We cannot allow additional clear-cutting on Vanderbilt Drive. I expect the settlement agreements to be enforced by our elected officials. It would be a violation of public trust to do otherwise. Thank you for your kind attention in this matter, Sincerely, Mary Nichols,14734 Glen Eden Drive Naples,FL 34110 19 A From: Phil Bonser(Phil_Bonser @hotmail.comj Sent: Thursday,January 29, 2015 10:24 AM To: DeselemKay Cc: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny Subject: Cocohatchee bay PUD I wanted to voice my concern on the upcoming prospect that the 2008 Cocohatchee Bay PUD may be reopened and would ask that you vote NO to that proposal. I have lived in the adjacent'Glen Eden on the Lakes'development for 5 years now and I still have details (from my realtor at the time)that the land adjacent was likely to remain permanent green space or at most converted into a golf course,its proximity to undeveloped space was one the features that helped make the decision to buy. I believe it is important to maintain non-developed areas of natural vegetation (our own community recently contracted a specialized company to clear non-native plants from the borders of that very area of land)and while some may feel threatened by the incursion of Otters, Black bears and Panthers(all of which I have personally seen from my back yard in the past 2 months) it is what makes SW Florida a little'out of the ordinary'and an interesting place to be. Please vote NO on re-opening the 2008 Cocohatchee Bay PUD settlement. Thank you Pat and Phil Bonser Phil bonser @hotmail.com A From: Marilyn Stendahl [mstendahl @glenedenonthelakes.us] Sent: Wednesday,January 28, 2015 1:38 PM To: FialaDonna; HillerGeorgia;TaylorPenny; NanceTim; HenningTom; DeselemKay Subject: Please vote NO on re-opening the 2008 Cocohatchee Bay PUD Settlement I am writing to ask the commissioners who represent me, especially Georgia Hiller,the commissioner representing my district 2,to vote"No" on re-opening and amending the Cocohatchee Bay PUD settlement of 2008. I have been a homeowner in Glen Eden on the Lakes for over 13 years. Glen Eden has the longest contiguous border with the Cocohatchee Bay PUD. 1 lived here in 2008 when the developer and the county reached a legal settlement to end the law suit the developer brought against the county. At that time,the developer was happy with the settlement. Even though he received several concessions in 2008 to settle the suit,he has now changed his mind and requested to reopen the PUD settlement,change the zoning, and build homes on a property the PUD settlement said would be a golf course or remain green in perpetuity. If the PUD is reopened, and the land rezoned,the reality is the developer has the option to building anything he can get approved on that property, which may or may not be the 62 homes, hi s current proposal. Because of the 2008 legal settlement,the land our homeowners thought would be a golf course or remain green space forever, will have its natural environment and wetlands destroyed, and the habitat for animals and natural plants will vanish. When the land on the west side of Vanderbilt Drive was clear cut in preparation for the 5 buildings in Kalea Bay, many of the displaced animals migrated across Vanderbilt Drive to the land included in the PUD. The Glen Eden Website has a video clip of a bear in a tree on a resident's property who lives next to the preserves. I respectfully ask those who represent me to vote No on re-opening the PUD on February 24th. Marilyn Stendahl 14813 Glen Eden Drive Naples,FL 34110 239-514-7929 msten767@sysmatrix.net 9A From: Kitty&Jim Shaw[kirlau7073 @gmail.com] Sent: Friday, March 06, 2015 3:37 PM To: DeselemKay Subject: Cocohatchee PUD Attachments: Screen Shot 2015-03-02 at 10.08.18 PM.png Hello Ms Deselem, To save time,we've included below our conversations with Paula Brethauer who has been very helpful. The developer provided a glimmer of hope at the meeting when he offered the idea that future expansion of the number and type of homes/structures could be limited in some way on the east parcel. As we remember it,he indicated that such language could be written into the lot deeds. We're hoping that someone at the county, due to their previous experience with PUD settlements,could provide some options that the surrounding communities might pursue to encourage him to follow through. As to the vegetative buffer issue,we're hoping that,at the very least existing trees and shrubs in the space shown on the proposed development plan between the roadway and the Tarpon Cove property line will be preserved. Even 20'of buffer with strategically planted trees along the roadway would be helpful during the winter months as we described below. Thank you for your time and consideration on these issues. Jim and Kitty Shaw 585-755-1709 Mar 3rd(3 days ago) BrethauerPaula to me Hello Mr. &Mrs.Shaw. Below are the answers to your questions in RED.Please feel free to contact me with any additional questions you may have. Paula Brethauer ¢ 9A .. From: Kitty&Jim Shaw [mailto:kirlau7073(acimail.com] Sent:Monday, March 02, 2015 10:10 PM To: BrethauerPaula Subject: PUD Hello Paula, We attended the neighborhood informational meeting for the Cocohatchee PUD on February 26th. We think that the development with 62 homes,no outlet to Rt 41, 100 foot vegetative buffers,and a sidewalk on the North side of Wiggins Pass Rd. is the best outcome for the community in general. We attended the meeting because we are sure the developer will pursue changes to maximize his profit after the 2008 agreement is broken and the zoning is changed. It just what developers do,and the county is obliged to entertain proposals for change. - At the meeting the developer offered one possible solution he would entertain to improve the 'trust" issue . We understood him to say that that it is possible to write limitations to development into the deeds for the lots etc. and this would prevent additional development beyond the proposed 62 homes on the property east of Vanderbilt Dr. It was not made clear how this would be done, i.e.,who would initiate the process etc. Is this a possibility? Is there anything we can do as a community to promote this process? The county is not a party to any deed restrictions and would not therefore be involved in any enforcement of same. Anything of that nature is a civil matter. The draft PUD ordinance already contains limitations about the number of dwelling units in that area,however as you already know, amendments to PUD can be sought. - Our biggest disappointment of the evening came when we found that we had been miss- informed by our board members from Tarpon Cove who met privately with the planners 9A and commissioners over the summer months. Everyone in our community was told that tlneie will be a 100 foot buffer to maintain our preserve views,privacy and home value. At the meeting,we discovered that the 100-foot buffer along the western property line only extended northward to where the Tarpon Cove preserve widened, roughly half way. In addition,the developer indicated that there might not be a berm. He was unable to provide a-width of the buffer on the North West property line (see attachment).He said the rationale was that they could expand their development to the maximum in that area because there was a wide preserve on the Tarpon Cove property. What was not taken into account when designing the buffer was the makeup of the preserve between the homes on Carrick Bend Circle and the property line on the north west corner. The preserve consists of tall pines, small cypress domes, open grassy areas, and wetlands. Since these slash pines have all their foliage between 30 and 50 feet from the ground,the result is mostly open areas between the tall trees,which is hardly an effective visual barrier. When the cypress needles are fully out,which occurs around the end of March and continues through mid December,there is a very limited view of the PUD area. Unfortunately, from mid December through mid March (high season) there is a direct view of the PUD. The 100 foot vegetative buffer would go a long way to preserve the view and property value of our homes. There are 4 two-story condo buildings with 22 units that will experience a changed view, loss of privacy and perhaps property value. The condo's are designed with a focus on the preserve from the kitchen dining room, living room, lanai and master bedroom with 30' of windows. Obviously the upstairs units will be affected the most. The developer's response to this line of questioning was humorous and something to the effect that " ...you don't wish to see us....we for sure don't wish to see you" Can you tell us the width of the northwest buffer, and guide us through any steps we can take as home owners to amend this situation? The current master concept plan (see below)s hows a 20 foot wide type D landscape buffer to the north and a 100'wide vegetative buffer adjacent to residential structures. I 9 A „ . ,...\- r 2C-ktrZ:,E TYPE *01 "-IX' vtafrAiZt at lihR 4:.....1.ACENT - ;AposCAPE 8iF-7" / ro feE$VE.V1141. SIR •CAPES , ., Walattgall.00,41001MAMIX-VWIllitillr•=Mr F2 Apwourai..,06, ' '.,-.- :004.+NThikilift °-ISO RtSWEPOZA: JP i STAVCILIPE:t• .7".r&c• itreEA PER P .,0 i )" i;I•c'.*. , '-' ;' I r scr -Ls . ! PC—mtle 7s4"5.7 Ti" it ::' : i : ' I ' i..4:10':0,16P 4 V VP748 .. . ...,. . • 1 r 5IE a R 2 . ; 1 4PPPL4rATE tf.,7 AIA , I (....,---1 Cm f trP) j * , 4.,,,, -- - We would appreciate a complete explanation of what type of homes R2 zoning would allow in the context of this new PUD agreement. Would 2 to 5-story condo buildings be allowed? Below is an excerpt from the proposed PUD document showing what uses would be allowed in the R2 tract. As you can see, only detached single-family dwelling units would be permitted, so there would not be any 2 to 5-story condo buildings allowed. 9A "R2"Tract (maxi nun of sixty-tw.�ro(62) dwelling units) 1. Principal Uses Detached sin le-famil' dwellings. u Any other principal use which is carnnarable in nature with the foregoing ,uses tis deternuned h} the Board of Zoning Ap?, als iii.HcarinR Examiner lo be co i3 ankle,in the"l2} Tract. I 2. Accessoxy Uses i, Uses and, structures customarily associated with the .principal use permitted. includingbut not limited to, swimming pools. tennis courts and cabanas, ii. Open space uses and structures to serve residents and their euests such as,. but not 'in limitg,c1,19, boardw'alks_ nature trails. bikeways,gazebos, picric arms, fitness trails and shelters. iii. Outdoor recreation facilities.. such as tennis court._c. mks. piaye ounds. destrianibik ways and _a. sv.e and/or a,tr 'e grater features to :serve residents and their guests. iv, Any other aecessor e which is com Arab e in nature with the foreatina uses a:s determined b' the Board af'Zoiunn Appears ar{e Examinee to be comp=atible iu tile"R2"Tract:: If the developer extends the development beyond the proposed 62 homes,the 100 foot buffer,perhaps with a berm would be even more vital to preserve our view and property value. - We would like to clarify if there is an easement at the north boundary of the Tarpon Cove and PUD properties for a highway that would run between 41 and Vanderbilt Dr. The boundary survey for the property does not show a roadway easement at the north boundary. 19A We're discussing these issues with the homeowners involved and would appreciate any in formation you can give us to share with them. We are also distributing your email so that they can contact you. Jim and Kitty Shaw 585-755-1708 or 1709 841 Carrick Bend Circle,Unit 201 Mar 3 (3 days Kitty&Jim Shaw <kirlau7073(a,gmail.com> ago) to BrethauerPaula Hello Paula, We thank you for all the information you've given us. What a shame that we are the only corner of the Tarpon Cove community,and for that matter the other communities surrounding the PUD,that is not afforded even a minimal 20'type D landscape buffer to preserve their current view.Please remember that we have been told by our HOA that nothing can be done to change our preserve in any way except for the removal of exotics which is done under strict supervision. Therefore we have no way to fill in empty areas or if we were allowed to by the county no guarantee things would grow. Do you have any suggestions as to who we should contact or what possible actions we could take? Would any of the planners have suggestions or would they even consider presenting our concern to the commissioners and/or developer? Jim and Kitty Shaw Mar 4 (2 days BrethauerPaula ago) to me 9 A The best course of action is to attend the BCC hearing and voice your concerns to the BCC, asking them to make whatever changes the neighbors wish to see. You also have the option to contact the developer and see if he is willing to make adjustments to your liking. I hope this helps! Mar 4 (2 days Kitty&Jim Shaw<kirlau7073(a�gmail.com> ago) to BrethauerPaula Paula We appreciate your help thus far,but are a bit confused about how to proceed. It was our understanding that after the neighborhood information meeting,the planners would be evaluating the tapes and/or video of the meeting,considering additional input from the community and the developer (through you)and then making recommendations to the Commissioners before they convene to vote on the proposal. We're uncomfortable with presenting our ideas to the commissioners at the board meeting. Presenting a new idea this late in the process seems,inappropriate unless the planners who have knowledge of the plan they approved in December think our concerns are valid and our proposed solution worth considering. We do not wish to come off as obstructionists. We do have an alternative idea concerning the buffer that may be more palatable to the developer. We understand that the developer wants to utilize all the available space on his parcel and would therefore be reluctant to extend the 100 foot buffer the full length of the Tarpon Cove boundary. We can see from the drawing that although the 100 foot buffer does not extend the full length of the east property line there appears to be some space between the proposed roadway and the property line on the northern portion. We are curious as to what the developer plans for that space.If there are existing trees in that space will they be preserved? Or does the developer have some options as to alternative planting? If the developer were to plant trees of the correct height and retain their foliage during the winter along the east side of the proposed roadway,these trees would augment the visual barrier provided by our preserve improving visual privacy for both communities. Please let us know if the planners have reviewed our ideas and consider them potentially beneficial to our community and the development. We would then be willing to forward them to both the commissioners and the developer for their consideration prior to the board meeting.Would you please give us the name and contact information for the developer? You indicated that the county could not be involved in the process to limit future expansion of the development that was proposed by the developer at the meeting because such limitations are a civil issue. Can anyone in growth management refer us to someone who can advise our community on how to encourage the developer to implement his idea? Thank you for your time and help, Jim and Kitty Shaw Mar 4 (2 days BrethauerPaula ago) 9 A to me The responses I am providing are directly from the Planner on this project. I have forwarded this email to her for response and wilt get directly back to you with an answer. Mar 4 (2 days BrethauerPaula ago) to me Kitty, I spoke to the Planner and she suggest that you contact her directly.She may be able to help you find a solution. Her contact information is listed below. Kay Deselem, AICP, Principal Planner Zoning Services--Zoning Division Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergo v.net Kay Deselem, AICP, Principal Planner Zoning Services--Zoning Division 9A From: Sal Marici [redwineandgarlic @yahoo.com] Sent: Wednesday, February 11, 2015 2:33 PM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny; DeselemKay Subject: The 64 and half Acres of Cocohatchee Bay Proposed Development To: Board of Collier County Commissioners My name is Salvatore Marici. My address is 285 Naples Cove Dr.,Unit 1201,Naples Florida, 34110. I owe the property. I live in the Bay Forest Complex. The purpose of this correspondence is an argument of why the Board of Collier County Commissioners,you,to vote no to develop Cocohatchee Bay. Vote no for the people who live and pay taxes in North Naples and for those on Vanderbelt Drive. A no vote will show that you keep the promise you made in the 2008 settlement agreement to not develop this acreage, at least no more than a golf course. Residents bought property here because of its natural beauty blended with modest development. It was not the east coast. This place had a personality people wanted to invest, live and spend money in local businesses. We trusted you would keep your promise to not develop this land and continue to strive for a blend of natural habitat and development. Green space adds property value; it will keep those who are considering of leaving because of the dangers in enjoying the weather and landscape in North Naples. The Vanderbelt Drive upgrades do not address the traffic vs. the pedestrian and bicycles conflict sufficiently. More development well worsens the situation. Baby boomers want to stay active and healthy. I talked to people who have been renting and who visited North Naples once decided not to buy property here because you do not have adequate bike lands,walking and biking trails. These are tax-paying people who take pride where they live. They would have support the community beyond paying taxes, like volunteering. We lose. Make the 64 plus acres accessible to the community so they can stay healthy through activity. People are looking for trails to walk and bike. This is why people sneak into Bay Forest to walk their path. They would not do this if they have a green space in a natural setting where they can exercise. Many who are paying taxes are looking for reasons to stay. Living in an area with a balance of green space and development is a reason to remove the thought of leaving. If you determine to allow this development, I hope you will not do so before there is an impact statement that addresses the habitat(flora fauna, soils, wetlands,watershed, endangered and threaten species)and human impact. 1 also hope the developers will not write it because we know their objective. Whomever you have to write the impact statement,I hope you will have them prepare it without pressure to reach the determination you want. Of course, we expect you will allow the public to review and comment. As of today,you tipped the blend towards urbanization in North Naples. This proposed development if you pass will overfill the glass that you will kick and shatter on cement you ok to pour. You will be giving the present taxpayers the finger if you do not honor the 2008 Settlement Agreement. Sincerely A From: Patsy Abbett jpjabbett @comcast.net] Sent: Thursday,January 29,2015 10:14 AM To: Fiala Donna; HenningTom; HillerGeorgia; NanceTim;TaylorPenny Cc: DeselemKay Subject: 2008 Cocohatchee Bay PUD Settlement Dear Collier Commissioners, Cc: Kay Deselem I a m writing to ask that you vote"NO"on reopening the 2008 Cocohatchee Bay PUD settlement. W e own a home in Glen Eden on the Lakes on the first street with 70'of green space separating me from the proposed "golf course" parcel. We were under the impression that the settlement was a legal and binding contract between Collier County and the developer. According to this settlement,this land would be a golf course,with perhaps 2 homes,or would be left as a green space forever. W e are very disappointed to now hear that this may not be the outcome. Please uphold the original agreement made in 2008 and do not allow the developer to over-populate this area. Thank you for your attention to this matter. Patsy Abbett 14512 Satin Leaf Lane Naples, FL 34110 9A From: wtrnorman @comcast.net Sent: Friday,January 30, 2015 7:59 AM To: DeselemKay Subject: Cocohatchee PUD Re-Opening Dear Ms.Deselem: Please do not allow this PUD to be re-opened. The developer made a deal with Commissioners that in return for allowing him to build 5 "skyscrapers," they would either build a golf course or that the land would be forever green A deal is a deal! Please do not allow this. Too much traffic, water run-off and environmental damage. Norman Stern 14607 Glen Eden Drive Naples 34110 9A From: StrainMark Sent: Tuesday, December 16, 2014 3:05 PM To: DeselemKay Subject: FW: Petition Against the Cocohatchee Bay PUD changes Attachments: Petition-We the homeowners of Collier County.pdf; Pud.pdf Mark 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: North Bay [mailto:northbaycivicassociation @gmail.com] Sent: Tuesday, December 16, 2014 12:36 PM To: HomiakKaren; RosenMike; EbertDiane; DoyleBrian; StrainMark; ChrzanowskiStan; RomanCharlette; CasalanquidaNick @colliergov.net Subject: Petition Against the Cocohatchee Bay PUD changes Dear Planning Commissioners, Enclosed are a copy of signatures from Naples area residents and the surrounding communities asking the Planning Commission not to allow the Lodge/Abbot developers to rezone the Cocohatchee Bay Pud. The people in this community feel the developer was allowed to build 5 towers and in return were to leave the additional land as a preserve or golf course. We do not want any further development in the area for many reasons and enclosed are over 700 signatures and comments to why the residents of Collier County do not want the rezoning to take place. We should ask Lodge/Abbott to give up a tower or 2 if they want to destroy more green space. Please take the time to read the property owners comments and how we feel this will rezoning affects us and we ask you to stop the rezoning of this area. Thank you! Emily Kearns 9A From: margaretkinney @aol.com Sent: Thursday,January 29, 2015 11:03 AM To: DeselemKay Subject: reopening the Cocohatchee PUD I have been a resident of Glen Eden on the Lakes for 15 years. For that many years I have enjoyed the green space next door to us and the many forms of wildlife that live there. I am against reopening the agreement made in 2008 between the developer Signature and Collier County. The developer was given many concessions for his project on the west side of Vanderbilt Drive. In return he was to leave the property next to our development a green space forever, or build a golf course on it. There is now no longer room for a golf course. Please help us to have this legal and binding agreement upheld. Margaret Ross 14520 Satin Leaf Lane Naples Florida 239-596-4136 9A From: Patsy Abbett[pjabbett @comcast.net] Sent: Thursday,January 22,2015 2:10 PM Tow: 'David A. Cressy'; DeselemKay Cc: 'James Schultz'; 'Carl Stendahl';'Diane Rupnow'; 'Jim Daffin' Subject: RE:Cocohatchee Bay PUD Hi David, Thank you for expressing my opinion on the Cocohatchee Bay PUD Settlement Agreement of 2008 so eloquently. Since I live the closest to the property in dispute, I have strong feelings regarding this matter. Sincerely, Patsy Abbett 14512 Satin Leaf Lane Naples, FL 34110 From: David A. Cressy [mailto:dacressy @gmail.com] Sent:Thursday, January 22, 2015 1:13 PM To: KayDeselem @colliergov.net Cc: James Schultz; Carl Stendahl; Diane Rupnow; 'Jim Daffin'; Patsy Abbett Subject: Cocohatchee Bay PUD Good afternoon Kay, It is my understanding that you are Principal Planner for Collier County and that you will be providing a written recommendation to the Board of County Commissioners in the near future associated with their vote to reopen the Cocohatchee Bay PUD Settlement Agreement of 2008.As someone who has attended numerous meetings including the May 2 meeting with Georgia Hiller, Richard Corace and members of your staff,I am not opposed to allowing 62 residential units to the property owned by Lodge-Abbott on the east side of Vanderbilt Drive.While I would prefer that the property remain in its natural state, I recognize that this is unlikely. However,the county attorney has stated that once the PUD is reopened,there are no guarantees that Mr. Corace and Lodge-Abbott will not request further changes or completely alter the proposal.Lodge-Abbott has not acted in a manner that gives me any degree of confidence or trust in what they will do. Therefore,unless the county obtains a legally binding agreement consistent with proposal of May 2, 2014,the Board should be advised to vote NO. The 2008 agreement was unsatisfactory but it is known and understood. It has the support and authority of the court behind it.Why substitute the known for the completely unknown? I attach a copy of a letter that I have forwarded to the Board of County Commissioners for your information. With best regards, I 9A From: pat911c @comcast.net Sent: Thursday, January 29, 2015 11:29 AM To: DeselemKay Cc: FialaDonna; Georgia; HenningTom; NanceTim;TaylorPenny Subject: Cocohatchee Bay PUD Dear Collier Commissioners, I am writing to ask you to keep your solemn word and vote NO on re-opening the 2008 Cocohatchee PUD settlement. As a resident of Glen Eden on the Lakes community I am concerned about the negative impact that this project will have on our area.We were promised by this board that this space would be forever green or a golf course and see no reason for this current board to go back on this forever promise. There is a valid reason why public confidence in elected officials is at an all time low. Please vote No on this issue and take a step in renewing that confidence. Respectfully Patrick Carey and Mary Jane Carey 14611 Glen Eden Dr, Naples Fl. 34110 9A From: Gerri Noyes [gerrinoyes3 @gmail.com] Sent: Thursday, March 05, 2015 1:33 PM To: FialaDonna; HenningTom;TaylorPenny; NanceTim; Deselem Kay; HillerGeorgia Subject: PUD Agreement Dear Commissioners, As members of the planning commission, you have volunteered to provide a valuable service to our community and your time and efforts are much appreciated. You have accepted the responsibility of helping us achieve a vision for how we want our community to look and function in the future. In thinking about how Naples should grow and develop, please consider the long-range implications of the current Lodge/Abbott development and how ii will affect the overall quality of life, economic vitality and prosperity of Naples. There's no going back once overdevelopment occurs. Open space and wildlife habitats must be given the same level of concern as housing and infrastructure. Many of us bought houses in the Vanderbilt Drive area because we were told that the land adjacent to our development would be open space or a golf course. The law holds that, as owners of property, we have the right to a reasonable return on our investment and that poor zoning decisions should not deprive us of that return. Lodge/Abbott and its slick lawyers have put together their plan for the development next to our property. However, Appendix B of the Cocohatchee Environmental Supplement for the Collier County PUD Amendment is the Threatened and Endangered Species Survey which was updated July 2014. The report is no longer valid. Since the survey was conducted, the western side of Vanderbilt Drive has been clearcut, forcing many of the displaced animals to crowd to the eastern side. Therefore the eastern side of Vanderbilt Drive, the site of the survey is no longer the same habitat as was originally surveyed. In light of the disruption of habitats on both sides of Vanderbilt Drive,a new updated survey must be conducted before an accurate assessment of the wildlife in that area can be discerned. Don't let Naples make the same overdevelopment mistakes and suffer the same consequences as the East Coast. You have a chance with the Lodge/Abbott dispute to stop the destruction of at least one open space area and wildlife habitat. The 2008 agreement with Lodge/Abbott was hard fought for by the the county commissioners at that time after a long, contentious, and costly battle. Reopening the agreement may be legal, but Collier County is not bound by law to reopen it because a greedy developer has decided on a more lucrative plan for himself at the expense of our neighborhoods. We hope you will vote "No"to reopen the PUD agreement. Geraldine and William Noyes 14576 Juniper Point Lane Naples 9A From: George Malloy [georgemailoy34 @gmail.comj Sent: Thursday,January 29, 2015 5:17 PM To: DeselemKay Cc: NORTHBAYCIVICASSOCIATION@gmail.com Subject: The Vote Feb 24 to Reopen the PUD I am a homeowner here in Collier County. I am appalled,concerned and saddened that the County Commissioners are considering re-opening the PUD and re--zoning the area. This should remain a closed issue. The developers were allowed to build two large towers in this area with the promise,in exchange,to save the area as green space forever. This is a wetland and we need this and such other areas to help with water flooding control. Cypress trees are managing water in this area and the area contains species of native plants not found in any other areas. It is also a vital habitat for the endangered Florida panther and is crucial habitat for bears,wood storks and many other species whose habitat is shrinking and more and more threatened every day. I urge you to resist the demands of the developers and keep faith with the people of Collier County who depend on you to protect our community,by not letting the developers renege on their original deal with the Community and with the County. Thank you. 9A From; Jan Lindberg [jan.lindberg @comcast.net] Sent: Tuesday, March 03,2015 1:33 PM To: FialaDonna; HillerGeorgia; HenningTom; NanceTim;TaylorPenny; DeselemKay Subject: Cocohatchee Bay PUD Dear Commissioners, Please reconsider the present plan for Kalea Bay. Al I high rises North of Vanderbilt Beach Road (The Dunes,Pelican Isle,Aqua etc.)are about 10 stories high. Ka lea is proposed to be twice that! Please go to the site and try to imagine six high rises twice the height of Aqua. It will be monstrous. Please do not destroy the whole look of this part of North Naples. Yours sincerely, Jan Lindberg 9A From: Yahoo! [emkearns5 @gmail.com] Sent: Sunday, December 07, 2014 10:13 PM TO: FialaDonna; HillerGeorgia; HenningTom; TaylorPenny; NanceTim C<:: BellowsRay; GundlachNancy; SawyerMichael; BosiMichael; LorenzWilliam S-ubject: Petition signed by 714 Naples residents asking you to stand by June 8 , . 2008 Settlement Dear Collier County Commissioners: Enclosed is a petition signed with comments by 714 property owners asking you not to re-open the Cocohatchee Bay Pud. We have 714 property owners signatures with comments that show how the people feel about this issue in the surrounding communities. The people have spoken and their comments show why you should stand by the Collier County Commissioners settlement and vote not to reopen the Cocohatchee Bay Pud. Please visit our website to view the comments online at https://www.change.org/p/collier-county-commissioners-do-not-allow- cocohatchee-bay-to-be-re-zoned Attached is a copy of the signatures and comments which we would like to go into the permanent record as an appeal to this land development at the meeting on December 18, 2014 at 9:00am. Thank you! Emily Kearns 414-491-0063 The Petition reads as: STAND BY THE JUNE 9TH 2008 SETTLEMENT- DO NOT ALLOW THE DEVELOPER TO RE- O PEN THE COCOHATCHEE BAY PUD A DEAL IS A DEAL DO NOT ALLOW COCOHATCHEE BAY TO BE RE-ZONED <https://www.change.org/u/87463056> [https://d22r54gnmuhwmk.cloudfront.net/rendr-fe/img/default-user-avatar- dc6f2da9.gif] Naples, FL We the undersigned oppose and object to re-opening the Settlement Agreement made and entered into on the 9th day of June, 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge") . We oppose and object to any change in the zoning and of the property, the subject of the agreement referred to as Cocohatchee Bay, PUD.