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CCPC Agenda 04/19/2018
Page 1 of 3 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., APRIL 19, 2018, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES – March 15, 2018 6. BCC REPORT- RECAPS 7. CHAIRMAN’S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS: Note: This item is being continued to the May 3, 2018 CCPC meeting: A. PL20160002771/CPSS-2016-2: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element And Future Land Use Map and Map Series by adding the East Tamiami Trail Commercial Infill Subdistrict to the urban—commercial district and changing the designation of property from Urban Coastal Fringe Subdistrict to East Tamiami Trail Commercial Infill Subdistrict to allow 60,000 square feet of commercial intermediate (C-3) uses and an air- conditioned and enclosed self-storage facility; and furthermore, recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. The subject property consisting of ±5.8 acres is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and Page 2 of 3 southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Companion PL20160000226 Torres Family Trust PUDZ) [Coordinator: Corby Schmidt, AICP, Principal Planner] Note: This item is being continued to the May 3, 2018 CCPC meeting: B. PL20160000226: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Torres Family Trust CPUD to allow development of up to 60,000 square feet of gross floor area of commercial uses including air conditioned mini self-storage warehousing, and allowing assisted living facilities at a floor area ratio of .60 and by providing an effective date. The property consists of ±5.8 acres and is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Companion to PL20160002771/CPSS-2016-2) [Coordinator: Timothy Finn, AICP, Principal Planner] C. PL20160002727: A Resolution amending Development Order 84-3, as amended, for the Marco Shores/Fiddler’s Creek, development of regional impact, providing for Section One: amendments to the original Development Order 84-03 to retain the residential density of 6000 units and to retain the maximum commercial development of 325,000 square feet of gross floor area for Fiddler’s Creek; and to increase the business development area from 33.62 acres to 55 acres; and to add a conversion of multi-family dwelling units to single family units; Section Two: amendment to master development plan to increase the residential development area from 1226.89 to 1280 acres; to re- designate 140 acres to residential development area and/or golf and/or lake area; to allow that the remaining golf course may be constructed when feasible on the Estancia property or section 29 in the parks development area; to add two new access points on US 41 and move the project entrance to the east; and to add residential including adult congregate living facilities east of Collier Boulevard in sections 15 and 22; Section Three: findings of fact including revised legal description and correction of acreage; Section Four: conclusions of law; Section Five: effect of previously issued Development Order, transmittal to the Department of Economic Opportunity and providing an effective date. The subject property consisting of 3,932 acres is located east of Collier Boulevard (CR 951) and south of Tamiami Trail East (US 41) in Sections 11, 13, 14, 15, 22, 23 and 24, Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51 South, Range 27 East, in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] D. PL20160002496: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 84-42, as amended, 96-74, 98-13 and 2000-84, the Marco Shores/Fiddler’s Creek Planned Unit Development, to retain the residential density of 6000 units and to retain the maximum commercial development of 325,000 square feet of gross floor area for Fiddler’s Creek; to increase the business development area from 33.62 acres to 55 acres; to add project entrances for US 41; to increase the residential development area from 1226.89 to 1280 acres; to provide for a conversion factor for single-family and multi-family dwellings without increasing the total number of approved dwelling units for the PUD; to re-designate 140 acres to residential development area and/or golf and/or lake area; to allow that the remaining golf course may be constructed when feasible on the Estancia property or Section 29; to allow golf course uses in Section 29 in the parks development area; to move a project entrance to the east; to add residential including adult congregate living facilities east of Collier Boulevard in Sections 15 and 22; to amend Master Plan Exhibit FC-A1; providing for conflict and severability; and providing an effective date. The subject property consisting of 3932 acres is located east of Collier Boulevard (CR 951) and south of Tamiami Trail East (US 41) in Sections 11, 13, 14, 15, 22, 23 and 24, Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51 South, Range 27 East, in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] Page 3 of 3 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp March 15, 2018 Page 1 of 76 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 15, 2018 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Stan Chrzanowski Patrick Dearborn Diane Ebert Edwin Fryer Karen Homiak Joe Schmitt ALSO PRESENT: Raymond V. Bellows, Zoning Manager Nancy Gundlach, Principal Planner Jeffrey A. Klatzkow, County Attorney Scott Stone, Assistant County Attorney Tom Eastman, School District Representative March 15, 2018 Page 2 of 76 P R O C E E D I N G S CHAIRMAN STRAIN: Good morning, everyone. Welcome to the Thursday, March 15th meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance, and after we do the Pledge of Allegiance, if you could stand for just a moment for another announcement we have to make. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: If you don't mind, the past weekend we had a long-time planner who passed away from Collier County. He was going through some medical challenges for a while, and this weekend he passed away. His name was Fred Reischl. So we won't be benefited by his presence anymore. He did a great job for Collier County. I'd just like to ask a moment of silence for Fred. (A moment of silence was observed.) CHAIRMAN STRAIN: Thank you. Roll call by the secretary, please. COMMISSIONER EBERT: Yes. Good morning. Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER EBERT: Mr. Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Mr. Fryer? COMMISSIONER FRYER: Here. COMMISSIONER EBERT: Mrs. Ebert's here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms. Homiak? COMMISSIONER HOMAIK: Here. COMMISSIONER EBERT: Mr. Schmitt? COMMISSIONER SCHMITT: Present. COMMISSIONER EBERT: And, Mr. Dearborn? COMMISSIONER DEARBORN: Present. COMMISSIONER EBERT: Thank you. And addenda to the agenda. The first item is we're going to be continuing 9F indefinitely, the request by the applicant. That is the Lawmetka Plaza PUD. It's on U.S. 41 and Wiggins Pass Road. I don't know what the applicant intends to do, but they asked for an indefinite continuance. They may have to readvertise for it to come back. But with that in mind, is there a motion from the Planning Commission to continue 9F, PL20160002106, indefinitely? COMMISSIONER DEARBORN: So moved. COMMISSIONER FRYER: Second. CHAIRMAN STRAIN: Made by Patrick, seconded by Ned. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Another item for the -- I just need to know if we have a quorum for the April 5th meeting. Anybody know if they're not going to be here? March 15, 2018 Page 3 of 76 (No response.) CHAIRMAN STRAIN: Well, good. We have a quorum then. And as we have typically done, today's meeting will have a break at around 10:30, wherever a good break point is for the court reporter, we'll have an hour break around noontime. Again, if -- we're as close to that as possible, and then an afternoon break. We will finish today, to whatever extent we've reviewed everything, by 4 o'clock, and then we'll resume at our next meeting, which is the April 5th meeting. And with that, we move into the approval of minutes. We had a set of minutes distributed electronically, the April -- I mean, February 15th minutes. Is there either changes or corrections? COMMISSIONER FRYER: Move approval of the minutes. CHAIRMAN STRAIN: Approved by -- made by Ned. Seconded by? COMMISSIONER EBERT: I'll second. COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: Diane. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Ray, BCC report and recaps? MR. BELLOWS: On March 13th the Board of County Commissioners heard two land-use petitions: The Eagle Creek PUD amendment and the rezone for the Old U.S. 41, and they were approved on their summary agenda. CHAIRMAN STRAIN: Okay, thank you. That takes us to chairman's report. The only thing I'd have -- I want to stress, and I just want to make sure the issue's been resolved, Mr. Schmitt's delivery of his packet for the Planning Commission apparently drove past his house to Everglades City and drove past his house to get back to this building and never delivered it last week, so -- and by, I think, Tuesday or so I found out he hadn't gotten it. I don't know how that happened, but I'd like to ask staff to make sure that doesn't happen again. I mean, I know if we have people driving down there -- and his house doesn't run as business hours, so on our way back they always could stop by and drop it off. I mean, I don't know that he doesn't run on business hours, but I'm assuming he doesn't run on business hours. MR. BELLOWS: We can have Code Enforcement investigate. COMMISSIONER SCHMITT: It was rather frustrating not to get it. I mean, I spent most of Tuesday and Wednesday with a pretty significant packet. MR. BELLOWS: Would you prefer an electronic submittal? COMMISSIONER SCHMITT: I get it in an electronic version, and they typically put it in an envelope and just shove it in the front, stick it in the door, and for some reason they didn't deliver it until I contacted Judy and notified her, and finally Tuesday afternoon I got it. MR. BELLOWS: Well, we'll definitely check that process. COMMISSIONER SCHMITT: It's simply just a jump drive. That's all they deliver. That's what I want. CHAIRMAN STRAIN: The only -- with this amount of data, especially, we had, what, at the time, March 15, 2018 Page 4 of 76 six cases scheduled. We still have five. They're pretty intense. So hopefully whatever happened is fixed and it won't happen again, but I just wanted to make note of it so we pay attention to it in the future. Thank you, Ray. Consent agenda, there are no items. ***And that will take us directly into our first advertised public hearing. It's Item 9A. And it's also part of 9B. It's a combination. We'll hear them together, vote on them separately. This item was continued from our March 1st meeting. We have a new packet that came out last Thursday, and I believe there's more information today. But I'll announce them first, and then before the applicant speaks, I'll clarify some things with this panel. Item 9A is PL20170002330, and Item 9B is PL20170002634. Both are for the City Gate Commerce Park. One is for the Development of Regional Impact document, which is a DO, and the other is for the Planned Unit Development, which is the MPUD. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. And disclosures from the Planning Commission; let's start with Tom. MR. EASTMAN: No disclosures. COMMISSIONER CHRZANOWSKI: No disclosures. COMMISSIONER FRYER: No disclosures in the last two weeks. COMMISSIONER EBERT: None. CHAIRMAN STRAIN: Well, I'm going to go last on this one. Karen? COMMISSIONER HOMIAK: Nothing. Joe? MR. SCHMITT: Nothing. Patrick? COMMISSIONER DEARBORN: Nothing. CHAIRMAN STRAIN: Okay. Well, it looks like I'm the only one that had a lot of disclosures. I met with the applicant -- well, there's two applicants. I met with both sides of the -- both applicant teams multiple times, had multiple conversations with them. As you may recall, last time this came forward, the Planning Commission had asked its questions. I normally allow -- ask you-all to go first as a courtesy, and then I will wrap up with anything that's left on my list. We only got a little bit into mine before we quit for the day. I have met with the applicant trying to help get the items cleaned up as much as we could for today's meeting, so that should save us some time. But I did meet with Josh and Roger -- Josh and Roger Rice and Nick Casalanguida. I talked to the County Attorney's Office and staff numerous times, and I think that's about it. But we did have quite a bit of work and time put into this, and with that we'll move right into the presentation by the applicant. And, Josh, I know you've got a lot of new information that's not the same as we got in the packet. So we'll have to follow along page by page as you bring it up if that's okay with the Planning Commission. Okay. MR. FRUTH: Okay. For the record, Josh Freuth with Davidson Engineering. I'm just going to walk you through the few items, as Mark mentioned, that have changed in the last two weeks. One of the items that came up, I think, two weeks ago, I just wanted to clarify for the Commission, in the deviations, the difference between off premises and on premise for the signs. I broke it down between the deviations and the LDC in the definition. The off-premise signs, as it relates to this PUD, relates to Deviation No. 8, No. 9, and No. 11. Off-premise signs for the sports complex project will be located within the property abutting the MPUD boundary but off the sports complex project site. Off-premise signs for the sports complex project and MPUD combined is only related to Deviation No. 11 and the future monument sign within the City Gate Boulevard right-of-way. It simply means off the platted lots or off the sports complex project site. March 15, 2018 Page 5 of 76 On-premise signs, as related to this PUD, Deviations No. 3, 6, 7, and 12. As it relates to the sports complex only, "on" it simply means it's on the sport complex or within the sports complex boundary. As it relates to the MPUD, it means within the MPUD boundary or on a platted lot. And for both combined, if the deviation affects both the PUD and the sports complex project, it means that it's on platted right-of-way. Going through the changes, the Commission -- CHAIRMAN STRAIN: Let's just go to the pages first. So that's page -- MR. FRUTH: Page No. 10. CHAIRMAN STRAIN: Okay. I want to make sure -- I mean, the Planning Commission, for the most part, asked some of their questions last time. I'll make sure we don't have any other questions and I checked mine as well so we'll get them all wrapped up. MR. FRUTH: No problem. CHAIRMAN STRAIN: Anybody have any other questions all the way to Page 10? (No response.) CHAIRMAN STRAIN: I did on Page 7, 1.6. It's the new language entered in that says the original PUD ordinance 88-93 was found consistent with the Comprehensive Plan in effect at that time. And I asked for the original Comp Planning memo. And I know that you-all answered it. Maybe you can rephrase it for the Planning Commission since it was brought up last time. MR. FRUTH: Consistency was determined for the 1988's ADA. We were unable to gather information that you requested. Go ahead, Roger. MR. RICE: Roger Rice, for the record. That language was in the original PUD. We're just leaving it unchanged. CHAIRMAN STRAIN: Well, it's underlined. Generally if it's underlined, it's new language. That's why I was questioning it. If it was in the original, we wouldn't have an issue. That's why I don't know why you needed to add it. MR. RICE: Well, yeah. That language was only there -- staff asked for that language to be inserted to clarify the language which is unchanged, which is the next paragraph, that "development of City Gate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan," et cetera. That was just a clarification. CHAIRMAN STRAIN: Well, the only reason I brought it up to find out how -- originally, like today, you get a Comprehensive Planning memo. In fact, you've got one attached here for today's request. If one of those existed in the past, I just wanted to see if. If this is -- the purpose of it was to rephrase that second statement or strengthen it, that's fine, too, as long as Nancy is on page with that. MS. GUNDLACH: We're fine with it. CHAIRMAN STRAIN: Okay. Thank you. Moving on, does anybody have anything else up to Page -- and up to and including Page 10? (No response.) CHAIRMAN STRAIN: Okay. Josh, let's move to Page 10 then. MR. FRUTH: Okay. I'm just going to go over the items. What you'll see here in yellow was part of the CCPC packets. In green are the changes I've changed that the Commission did not receive, and they were changed and coordinated with staff over the last week or so. In yellow, to Item D, "Notwithstanding the foregoing, the sports complex project as defined herein will not include the lake and recreational tract." And then at the bottom for 2.3.A, "Project development PPLs and SDPs shall generally conform to the approved master development plan." CHAIRMAN STRAIN: Okay. This is some new language, so if any of you have a question on it, it's a reorganization of that last sentence is all it is. COMMISSIONER FRYER: What does "generally" mean? CHAIRMAN STRAIN: To the effort it wouldn't be a substantial deviation to the code, which is under your insubstantial deviation section of our Land Development Code. MR. FRUTH: That's correct. I was going to say everything follows the Land Development Code. March 15, 2018 Page 6 of 76 COMMISSIONER FRYER: The Land Development Code uses the word "generally"? CHAIRMAN STRAIN: No, it does not. MR. FRUTH: Not specifically. COMMISSIONER FRYER: Okay. I would be looking for "in all material respects." MR. FRUTH: Okay. CHAIRMAN STRAIN: That's fine. The previous version had "generally" in it. That's the only reason I think it was left in. MR. FRUTH: Okay. Noted. CHAIRMAN STRAIN: Next page. MR. FRUTH: Page 11. Under 2.4, this is related directly to the traffic discussion from two weeks ago. CHAIRMAN STRAIN: Can you make that larger. It's real hard to see for us up here. COMMISSIONER EBERT: I cannot see. MR. FRUTH: I'm sorry. I can't -- hang on for one second. CHAIRMAN STRAIN: Do you see that bar on the lower right? There you go. MR. FRUTH: I don't know if it's going to pull through on the presentation. CHAIRMAN STRAIN: It probably won't, no. MR. FRUTH: Nope. I'm sorry. CHAIRMAN STRAIN: Okay. MR. FRUTH: I will read what it says. "The MPUD's total trips shall not exceed 5,999 net externally two-way p.m. peak-hour trips as calculated in the approved ADA, parenthetical, approved trips. In any development scenario, the MPUD's total trips shall not exceed the approved trips based on the use codes in the ITE manual on trip generation rates in effect at time of application for SDP, SDPA, or subdivision plat approval." And 2.4.B is related to hotel and motel, and the sentence below that says, "The proposed hotel and motel rooms in Section 2.4.A may be increased to a maximum of 950 rooms subject to the traffic cap in Section 2.4.A. CHAIRMAN STRAIN: Okay. And the 5,999 comes from the original ADA approval for the intensity of this project; is that a true statement? MR. FRUTH: That is correct. I have a slide that covers that as well, but that is a correct statement. CHAIRMAN STRAIN: Okay. My concern is -- Jeff, I thought you were going to be late this morning. COMMISSIONER EBERT: He was. CHAIRMAN STRAIN: I didn't see you come in. We've got to take a pause here. MR. KLATZKOW: Oh, no. CHAIRMAN STRAIN: Guess whose birthday it is today. Congratulations, Jeff. Happy Birthday to you. He thought nobody would know, but I happened to hear the scuttlebutt this morning. So he's in for a day of surprises, I think. Okay. Now, back on the more serious issue. Do you have your traffic engineer here? MR. FRUTH: He is not because of spring break, but I have a statement -- CHAIRMAN STRAIN: Wait a minute; he's that young? MR. FRUTH: He's on spring break with his children. I have a statement from him that I prepared to put in -- a letter from him to put into the slide show and presentation. CHAIRMAN STRAIN: Okay. Is it something you can put on the overhead now or -- MR. FRUTH: Yes. CHAIRMAN STRAIN: Okay. I'd like to -- but the question that I had asked the applicant to resolve before today's meeting is if the traffic impacts as configured in the original PUD, which is back in the '80s, was -- the methodology was consistent with the same methodology that compares it today so we have an apples-to-apples comparison. And if he responded to that, that's what we're looking for. MR. FRUTH: Yeah. So this slide here is what we were talking about. Table 2.A within the Traffic March 15, 2018 Page 7 of 76 Impact Statement is the original ADA calculations, 2.B is the approved ordinance, and 2.C is the projected buildout. I'll hit on these slides just because we're on them. But the key here is, as we talked about before, traffic neutral, and the projected buildout, as you can see highlighted in green, is less than the original 1980 ADA, total trips and net external. COMMISSIONER FRYER: Question? CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER FRYER: On the 2017 AUIR, how many trips are left before we hit deficiency? MR. FRUTH: Staff? CHAIRMAN STRAIN: Now, I notice some other applicants in here today were smart. They brought their, let's say, the children who are not in -- are on spring break, they brought them with them, which is a good exercise, because they can see how government works. And the young lady, Reagan, actually, President Reagan was named after her, so she's here today to hear what we're doing. So Norm couldn't bring his children? MR. FRUTH: I think he might be on a cruise boat. CHAIRMAN STRAIN: Lucky him. Okay. Is there anybody, then, that's county side, though, that can talk to the detail of the traffic, then, since your expert is not here? MR. SAWYER: Good morning. For the record, Mike Sawyer, transportation planning. Bear with me. I have the 2017 AUIR numbers. I'm going to be looking at Collier County -- sorry, Collier Boulevard basically; 75 and Davis. The capacity on that roadway system is 3,600 peak-hour and the remaining capacity is projected to be four twenty -- yeah, 421. CHAIRMAN STRAIN: Okay. Isn't this a vested project? MR. SAWYER: It is. CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: Now, when that is said, does that mean that your 5,999 trips are included in the AUIR? MR. SAWYER: Yes. For -- when we've got projects like this where those trips were already anticipated, those trips are automatically built into the projection of what we are projecting in the system itself. COMMISSIONER FRYER: So the 3,600, was that the number? What's the remaining capacity? I'm sorry. MR. SAWYER: I believe it was 421. COMMISSIONER FRYER: Four twenty-one. So 421 would not encroach upon the 5,999 because that's already in; is that correct? MR. SAWYER: Yes, yes. COMMISSIONER FRYER: Okay. Thank you. CHAIRMAN STRAIN: I'll let it go. I could belabor that point, but it's not going to -- it doesn't -- at this point it's a vested project, so it doesn't matter, so I'm not going to get into the statements just made. Okay. And then that gets us to the hotel/motel issue, which is raising the number of hotel/motel units up to 950, which is above what's in 2.4, because what's in 2.4 is consistent with the original PUD. But you're just raising the hotel as the only one, and that's still going to be subject to the same cap that the rest is because you're not raising the cap, so that actually makes it neutral in regards to impacts on the system. MR. FRUTH: That is correct. We wanted to put a cap on it, and the cap still shows that we're traffic neutral. We're actually less than the original ADA. And then, Mark, for the original question, for the record, this is the letter from Trebilcock Consulting from Norm Trebilcock. What this letter outlines is the consistency between the ADA, Table 2.A through Table 2.B and 2.C, the projected buildout that the calculations are done the same. CHAIRMAN STRAIN: Were the internal capture rates the same back in those days as it is today? MR. FRUTH: It changed because of the ITE manual. The '88 ADA was done with the third manual. We're on the tenth. But, yes, in general the internal capture is the same. The changes are the technology March 15, 2018 Page 8 of 76 changes, so the way calculations are done today versus in '88 changes some of the traffic counts. CHAIRMAN STRAIN: Okay. Let's move on then. We'll be probably going back to Page 12 of the PUD. MR. FRUTH: Page 12, Item 2.5.B, this was simply cleanup of text. You can see strikethrough, some items highlighted in green and underlined. What it now says is prior to the issuance of the building permits for a structure or structures on any development site, Site Development Plan approval must be obtained in accordance with the Land Development Code. COMMISSIONER SCHMITT: Question. CHAIRMAN STRAIN: Go ahead, Joe. COMMISSIONER SCHMITT: That statement is sort of a matter of the LDC anyway. Why is it even in there? MR. FRUTH: I agree. COMMISSIONER SCHMITT: I realize it's old language, but -- MR. FRUTH: Yeah. We were simply cleaning up. Previously it said Chapter 10 of the Collier County Zoning Ordinance. We were cleaning it up to be consistent and update it to today's standards. But because it follows the LDC, I understand your question. COMMISSIONER SCHMITT: Yeah. I mean, you have to do this anyway. I don't know why it has to be in the PUD. The entire sentence could be -- the entire paragraph, essentially, could be eliminated. MR. FRUTH: Yeah. And I'll defer to staff if they agree. COMMISSIONER SCHMITT: It's not a big deal. I just found it to be a repeat of existing requirements. MR. FRUTH: Agreed. It's redundant. CHAIRMAN STRAIN: Well, new PUDs we would have that language struck. We wouldn't have it in it. Because it was an old PUD, I think staff reviewed it. And it's up to the staff at this point. MR. FRUTH: We were trying to simply clean up and be consistent with the original PUD. I think that's one of the reasons why applicant and staff agree to simply clean it up. COMMISSIONER SCHMITT: It's essentially the same as Paragraph 13, the next Paragraph C, it's nothing more than a repeat of the requirements of the code. I realize it's -- again, it's an existing PUD, but it's language that is redundant. MR. FRUTH: Agreed. COMMISSIONER SCHMITT: I'm fine with leaving it in if that's what staff wants to do. It's just, as Mark said, you know, we can -- if it's a new PUD, it could be cleaned up and eliminate a lot of this language. CHAIRMAN STRAIN: Is this an amendment or a repeal and a replacement; do you remember? MR. BELLOWS: Amendment. CHAIRMAN STRAIN: Okay. Well, it's probably cleaner -- I mean, we try not -- on an amendment we don't make as many as if it was a repeal and a rewrite. MR. BELLOWS: That's correct. Sometimes the language might impact other land holdings within the PUD not subject to this amendment so we can't change it in that regard. CHAIRMAN STRAIN: Okay. Let's move on, then, to the next page. MR. FRUTH: Page 13, which is part of the packet. It was a strikethrough. "Sidewalks shall be required on at least one side of all internal project streets." The strikethrough simply is through, as shown on the master development plan. CHAIRMAN STRAIN: Okay. MR. FRUTH: Page 14. We're into the deviations. Deviation 1 and 2 were intentionally omitted per the hearing two weeks ago. Those were related to sign deviations. Deviation No. 3, the language that was added to the end of 3.A says, as shown on the attached master development plan, Exhibit A-1, Page 2 of 5. Page 15, Deviation No. 4, Item C, at the request from the last hearing, we clarified the number of flagpoles, and it now reads "up to 100 flagpoles." CHAIRMAN STRAIN: Well -- and that was something that -- Nick's involved in that, not so much you guys. This is going to go on the sports stadium, right? March 15, 2018 Page 9 of 76 MR. FRUTH: That's correct. This is directly related to on site for the sport complex and the contract purchaser. CHAIRMAN STRAIN: Not all of those 100 flagpoles are the ones on top of the building. They could be just anywhere on the site? MR. FRUTH: That's correct. CHAIRMAN STRAIN: And including the entries and things like that. MR. FRUTH: That is correct, yes. Item D, under the same deviation, No. 4, the word "project" was cleaned up since your CCPC packets, but the overall statement reads, the actual height of future structures on the sports complex project shall be equal to the actual structure height plus the flagpole height. For example, the maximum actual structure height of 85 feet plus the maximum flagpole height of 40 feet equals an overall maximum height of 125 feet. Page 17, Deviation No. 8 -- CHAIRMAN STRAIN: Question on Deviation No. 6. The last line of the introductory paragraph on No. 6, I'll read the sentence, or at least it says, off-premise directional signs which require that directional signs be limited to 1,000 feet from the building structure or use for which the sign is displayed to, instead, allow combined off-premise and on-premise directional signs for the MPUD and the sports complex for the MPUD's internal public or private right-of-way or abutting thereto but more than 200 feet from Collier Boulevard as follows. So you have -- this is for those, I think they're green poles or street signs you showed one of the exhibits with street names on them or directions to the various facilities? MR. FRUTH: Yes, correct. CHAIRMAN STRAIN: So none of those will be within 200 feet of Collier Boulevard? MR. FRUTH: That is correct, as it reads. CHAIRMAN STRAIN: Okay. I don't know why you chose 200 feet, but that's fine. I just didn't understand that. I wanted to make sure I understand it. Thank you. Oh, and on number -- you went to 8, so No. 7. The deviation is to apply to on-premise directional signs along public or private right-of-ways throughout the City Gate Commerce Park. This deviation does not apply to directional signage on the sports complex. See Deviation 12. And I think you probably answered my question when we met, but just so I understand it now because I still have the note, Deviation 12 is not necessarily about directional signage, is it? It's sign exemptions located on -- this is not a -- this isn't directional. It seems like it's the fence and wall signs that they attach around the inside of a stadium; is that correct? MR. FRUTH: Yes, that is correct. CHAIRMAN STRAIN: So the reference to Deviation 12, is that still accurate in No. 7? MR. FRUTH: No. CHAIRMAN STRAIN: Okay. I think that's the point I needed to make sure we -- MR. FRUTH: No, we'll strike through and remove that. CHAIRMAN STRAIN: Okay. Now let's go to 8. MR. FRUTH: Okay. Number 8, again, is related to the sports complex project, the pole-mounted sign. The language that was changed at the end now reads, "Within the Collier Boulevard, parenthetical, 951, right-of-way with future Board of County Commissioners approval of the location." And the language that was removed was "or off site along lands outside the PUD." That was removed. Deviation No. 9 -- CHAIRMAN STRAIN: Well, back up. So you said -- you took out the word "Board" on No. 8 as we have it in our packet, and you replaced it with Board -- and you had added "of County Commissioners" on the end of it, and in front of it you put the word "future," right? MR. FRUTH: That is correct. "Board" remains, and we clarified what "board" meant, because it's not a defined term in the PUD. CHAIRMAN STRAIN: Approval of the location. Okay. And then instead of "future board," wouldn't you mean further Board of County Commissioners approval? Because the current board could have March 15, 2018 Page 10 of 76 that question come to them. MR. FRUTH: Yeah. I guess it should -- if it's stated, it would be current or future Board of County Commissioners. CHAIRMAN STRAIN: Okay. Either way. MR. FRUTH: Okay. CHAIRMAN STRAIN: That's it in 8. Then let's move to 9. MR. FRUTH: Okay. Number 9 is related to the same item. It's the sign related to the sports complex along the right-of-way. E was added and clarified at the end. It now reads, "Shall be abutting to the MPUD boundary." CHAIRMAN STRAIN: And that takes out the issue of it could go -- actually, I think there was a reference where it could have gone substantially off site. You have D -- that was the concern there. So it's still got to be adjacent to the site, but it could be in the right-of-way if the Board of County Commissioners approved right-of-way signage. MR. FRUTH: That is correct, yes. CHAIRMAN STRAIN: Okay. Now, under the third -- well, let's start out with the top line. Deviation 9 seeks relief from the section of the LDC. "Off-premise directional signs which allows no more than two one-sided or one double-sided off-premise directional sign to be permitted for building, structure, or use," and then it says, "which is not visible from the roadway serving such building." So what you're asking to do is have this on the roadway so it would be visible from the roadway, and you're asking it to be substantially changed in size, and the basis for that has been, from what I could see in the packet, that it's typical to what other communities have for their sports parks. MR. FRUTH: Correct. And I can pull that up. But from you two weeks ago we had a slide that showed typical sign detail that's actually part of the PUD package and exhibit. CHAIRMAN STRAIN: Yep. MR. FRUTH: And if needed, I can pull it up. CHAIRMAN STRAIN: No, I'm familiar with it. MR. FRUTH: But that's the reason why. Okay. COMMISSIONER EBERT: I have a question on that. CHAIRMAN STRAIN: Go ahead. COMMISSIONER EBERT: I missed part of that. I tried to -- can you show that -- was that like the Hammond Stadium and the -- so that size? MR. FRUTH: Yeah. Those were the slides that we showed two weeks ago, that's correct. I'll pull it up right now. CHAIRMAN STRAIN: There; right above you. That's it. Good. No, that's one to the -- there you are. MR. FRUTH: Well, this the exhibit that's within the packet. It's Exhibit 7 or, sorry, Exhibit A-5, Page 2 of 2, and then we gave examples of Jet Blue and Hammond, as Commissioner Ebert stated. COMMISSIONER EBERT: But this is not a commercial -- are we getting the Atlanta Braves or somebody in there? MR. FRUTH: No. This is essential service. COMMISSIONER EBERT: Those are awfully big signs. CHAIRMAN STRAIN: Well -- and that's part of the issue we probably need to discuss a little bit. You're asking for 350 square feet area, and really what you mean, you need a 9-by-15 on each side, which is a total of 350 square feet. MR. FRUTH: That is correct. CHAIRMAN STRAIN: It would be better if we broke that sentence down to say, a total of 350 square feet with display area not to exceed 9-by-15 on either side or to whatever dimension you need to so you get to the 350, and that would help understand the sizing of it, first of all. Second of all, you're not going to be using any animations or other issues that the code would not allow typically on signage like this; is that a true statement? MR. FRUTH: Correct. The Code of Ordinances, anything prohibited, we can't change that. March 15, 2018 Page 11 of 76 CHAIRMAN STRAIN: Right. Okay. So it's a static sign. Basically, it's going to be whatever it is. Does that help -- COMMISSIONER EBERT: A rolling sign. CHAIRMAN STRAIN: Yeah. That helps understand it? Okay. So let's move on. I think we have -- Page 18 is the next one. MR. FRUTH: Page 18, Deviation No. 12. We added -- since the CCPC packets went out, we updated the language. It simply reads now, "The projection of light from signs to the north shall be prohibited." That's the last sentence of the deviation. CHAIRMAN STRAIN: I still have questions about that. Now, let's start, first of all, with what you mean by the "projection of light." How do you not project something that's lit? If you see it, you're projecting something that wasn't there before. I know you're looking for Nick. MR. FRUTH: Yeah. I'm going to ask the contract purchaser to weigh in on this. But I have my theory, but I'll go with Nick. MR. CASALANGUIDA: Good morning, Mr. Chairman, Commissioners. I think, Mark, when we talked -- I don't know if we conveyed it to Josh. CHAIRMAN STRAIN: It doesn't look like it did, no. MR. CASALANGUIDA: Limited to 25 feet in height to the north that's lit. Anything above 25 feet would not be lit. CHAIRMAN STRAIN: But you'll still have -- it won't be projected, but it will be lit. Lighted signs can't be higher than 25 feet. MR. CASALANGUIDA: That's right, sir. CHAIRMAN STRAIN: And above that you can still have signs, but they won't be lighted? MR. CASALANGUIDA: That's correct, sir. CHAIRMAN STRAIN: Okay. And the other piece was -- we talked about this. You have a statement in here which we don't normally allow in any deviations or PUDs because we always like limitations. It says, "without limitations for type of, location, size and number," and I just -- when we talked you had some parameters you wanted to make sure you got, and that's the kind of criteria I'm looking for. MR. CASALANGUIDA: Yeah. And I think the discussion we had was the signs are not higher than the top of the building that might be seen from a far distance away. CHAIRMAN STRAIN: Right. MR. CASALANGUIDA: Internally, I need to keep that "without limitation" because you're going to have way-finding, advertising, promotional, things that are going to be on the fields directing to different fields. When you get above 25 feet, I think the limitation we had, or we talked about, was to the east, south, and west we'd have a box of maybe, say, 15-by-40 that we could have a sign, because it would be lit, non-animated, not LED, but we expect to have a sponsor for one of these facilities, and they'll probably want their name on it. They'll probably want to be seen close to from I-75, but it would not project to the north and it will not be animated and it would be in that box. So those are the three directions we talked about. CHAIRMAN STRAIN: So it would face the landfill to the east. MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: And I-75 to the south and 951 to the west. MR. CASALANGUIDA: That's right. CHAIRMAN STRAIN: And there the limitation on size would be, I think you said, 15 by -- MR. CASALANGUIDA: And the only reason I say that is because we have one person that's talked to us, and they have a symbol they like to use, and I'm not going to mention names today because it's still too early on, that talks about one might be 12 feet high, and then go across approximately 30 to 40 feet; that they want to maybe purchase the naming rights for the stadium. CHAIRMAN STRAIN: The goal from my perspective is to make sure we have limitations, because everybody has limitations, so these need to be limited to some extent. What you do inside normally doesn't bother anybody from a zoning perspective. It's all internal; you can't see it anyway. MR. CASALANGUIDA: Right. CHAIRMAN STRAIN: And I know the ballpark signs that go around the fencing at the bottom row, March 15, 2018 Page 12 of 76 that's typical to all kinds of high school stadiums. MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: I think we -- I understand that. And the location and size would be limited to the frontage as you just talked about, and the size would be limited to -- the biggest that you talked about was the 15 by -- MR. CASALANGUIDA: Fifteen-by-40 box to work in. CHAIRMAN STRAIN: Now, that language needs to get written up somehow and put in here so we can review it on consent or review it at the next time when we go come back and make sure it's all wrapped up in one package. MR. CASALANGUIDA: Well, up to three signs, limited within a 15-by-40 box that would not -- would only face to the east, south, or to the west, or any combination thereof, and non-animated but possibly lit. CHAIRMAN STRAIN: And those are your external limitations. Internally, quantity, size, whatever you want to do to block the view of people trying to watch the sport, that's up to you. MR. CASALANGUIDA: That's up to us. CHAIRMAN STRAIN: Yeah. MR. CASALANGUIDA: Very good. CHAIRMAN STRAIN: So somehow could you have someone get that written up so when we come back and we have to deal with that. MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: Anybody have any questions? COMMISSIONER EBERT: No. CHAIRMAN STRAIN: Okay. Josh, let's move forward. MR. FRUTH: Page 21, Deviation No. 21. CHAIRMAN STRAIN: Back up to 18. You've got one, Diane? COMMISSIONER EBERT: No. You were on Page 18. CHAIRMAN STRAIN: No. He wanted to move to Page 21. I have an issue on No. 18, Deviation 18, which is on Page 20. And it's going to occur with a couple different instances in some of the deviations. We'll get to them all eventually, but in 18 it's the first one. You have a buffer requirement, it says, "which requires (sic) developments shall be buffered for the protection of the property owners from land uses to instead eliminate the buffer requirements along the eastern boundary of the sports complex lot provided there is unified ownership in the sport complex lot and the abutting property to the east where the development is jointly planned." When you come in for your first SDP, one of the other changes that we talked about -- and I did talk about it with Nick because he's the contract -- not he, but he represents the contract purchaser. There was a water-management issue, and there was a preservation issue that deferred to the property next door owned by the county when the county brought it into a unified plan. The problem is, if the county delays pulling it into the unified plan, it's going to be delayed in getting -- to making sure we have those set-asides in that property next door. So we have talked and I think there was mutual understanding that the first SDP would include enough land on the 305 property to accommodate for the off-site preserves that potentially might be there if and, in fact, they're needed and for the water-management area that you guys have been promised to offset some of the water-management capabilities on your property. So this could be -- should be basically tied to that first SDP, because you can -- your first SDP now is not going to be just for this property. It will lap -- have an overlap. And I'm just suggesting we can probably solve that deviation by the SDP process that's going to be coming up. MR. FRUTH: Yeah, that's not a problem. Actually, Deviation 21 probably sums up the statement you're referring to, and that could be simply added to No. 18 as well. CHAIRMAN STRAIN: Okay. Number 19 and 20, the landscape buffers there, "remove the requirement from public or private rights-of-way with any existing and subsequent subdivision within the City Gate Commerce Park MPUD east of the FP&L easement." So what are you taking out that isn't in the March 15, 2018 Page 13 of 76 yard plan? MR. FRUTH: Okay. So this specifically relates to the MPUD, and it's a clarification because the internal right-of-ways at plat require us to have the landscape buffers; however, because of the required yard plan, we're deferring it to SDP level in similar fashion to the recorded Phase 2 plat. CHAIRMAN STRAIN: So this doesn't override the required yard plan? MR. FRUTH: It does not. CHAIRMAN STRAIN: Okay. So the required yard plan will still give us the vegetation and buffers that that plan requires? MR. FRUTH: That is correct. Basically, we're clarifying the language that was already completed in Phase 2. CHAIRMAN STRAIN: Okay. Now we can -- I'm done. We can move to 21 if you'd like. MR. FRUTH: Deviation 21, Page 21, we added -- at the end of this statement there's a sentence that was added, but also added, which is key here within the statement, "shall be shown on the first Site Development Plan, and concurrently a unified site concept plan shall designate the additional required" yard -- "required off-site yard on the abutting parcel." "Abutting" was added. And then the last sentence that was added, "the off-site native vegetation shall be shown on the Site Development Plan (SDP application) but may be relocated with a Site Development Plan amendment (SDPA application) in the future." CHAIRMAN STRAIN: Good. That locks it in so it's guaranteed to be there no matter what changes. MR. FRUTH: And I can add that same statement to 18 as well. CHAIRMAN STRAIN: Something to the effect we've got them covered, so... MR. FRUTH: Okay. Deviation 22, per the hearing two weeks ago, we updated it from six to five caretaker residences, and Deviation No. 23 is the water-management item the Chairman mentioned just a little bit ago. We added the last sentence. It says, "Collier County will take water management to the abutting county-owned property as a future co-permittee in the South Florida Water Management District Environmental Resource Permit (SFWMD ERP)." CHAIRMAN STRAIN: Okay. But if the 305 property -- first of all, it's a lot of wetlands. It doesn't have its Corps permit. And since Joe was with the Corps, and we know while he was there he made sure Corps permits take three or four years to get done, we're looking at a long time. Is this going to coordinate with the needs for those properties that need that additional water management? Are we going to run into any problems there? MR. FRUTH: If time, as you mentioned, is a factor, Collier County -- and this is why it was revised to say "abutting county-owned property." Collier County's Resource Recovery Park and the additional acres up there, which has an ERP, would be modified to add the necessary stormwater management. CHAIRMAN STRAIN: Now, how is that piping done? You guys would have to do the piping? MR. FRUTH: That is correct, yes. CHAIRMAN STRAIN: Okay. Because that's a longer distance to pipe. MR. FRUTH: Yeah. It's set up now -- as I mentioned two weeks ago, it's set up now to feed. But, yes, there would have to be some sort of network added. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: So this is going to be sort of an incremental permitting process? MR. FRUTH: Yes. I mean, the City Gate property is obviously ahead of the 305 parcel, the county-owned parcel, for obvious reasons. But, yes, it will be incremental. COMMISSIONER SCHMITT: But Mark brought up about the 404 permit, Army Corps of Engineers' Clean Water Act 404 permits, so -- but they're still going to want a water-quality certification from the ERP process. So it just complicates your life by increments of permitting rather than one permitting process. So I -- not that it affects the zoning, but it will impact significantly your review times, especially through the federal permit process. MR. FRUTH: Agreed. My office and the environmentalist here with me today, Jeremy Sterk, we did the permitting for Collier County for the Resource Recovery Park, so we anticipate it to be exactly what March 15, 2018 Page 14 of 76 you mentioned for the 305 parcel as well, so... CHAIRMAN STRAIN: Okay. Let's move on to the next change. MR. FRUTH: Page 25, Item 3, as related to the sports complex project and development standards, Item B under 3 -- COMMISSIONER SCHMITT: I have a question on -- CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHMITT: -- Page 23, which you bypassed quickly. So just a statement on impact fees, again. I find it to be unnecessary. It's already required. You have a whole paragraph about impact fees. Again, I know it's an existing PUD. But you're going to pay the impact fees. I mean, that statement is not necessary. MR. FRUTH: Is that the first part you're referring to, the first paragraph? COMMISSIONER SCHMITT: Yeah. "City Gate commerce park shall be subject to all impact fees." Of course you will. I'm looking at 2.9, your Paragraph 2.9 now. MR. FRUTH: 2.9, yes, I see it. It is now Page 22, sorry. That's why I was -- COMMISSIONER SCHMITT: Page 22. I'm fine with leaving it in there. It's just, again, another statement of fact. CHAIRMAN STRAIN: If this was a repeal and a replace, all that would come out. MR. FRUTH: Yeah. That's what it boils down to, how the application and what you have to do. I mean, I'll defer to staff again, but I think that's the main reason why. COMMISSIONER SCHMITT: Okay. Leave it in, but it's just taking up space. MR. FRUTH: Okay. Page 25, again, we were on the development standards for sports complex project. CHAIRMAN STRAIN: Before you -- I think that's on our Page 26. MR. FRUTH: Yes, you're probably correct. There -- with the updates -- CHAIRMAN STRAIN: Yep. MR. FRUTH: -- some of these items have shifted. CHAIRMAN STRAIN: Yeah, that is on Page 26 in our packet, yes. Okay. MR. FRUTH: So under Item B of 3, the sports complex project, the word "primarily" and "amateur" have been stricken, and it now reads, "Recreational uses designated and operated to serve athletes and/or the public." CHAIRMAN STRAIN: Well, the word "amateur" that was there before kind of provided us with some insurance it wasn't intended to be a professional ball team like the Braves and everything else we had to deal with before. I'm not sure it's a good thing to strike that out because it leaves it open to everything unless you voluntarily add some language to make a prohibition there. MR. CASALANGUIDA: Well, I think, Commissioner Strain, Chairman, we talked with Josh yesterday, and I said, either strike the two out or keep it primarily amateur. And let me explain why. You're going to have from time to time a professional athlete having a camp during the day. So, you know, for instance, if David Beckham says, I want to run a kids camp here on a Saturday and a couple kids want to come, there's a professional athlete there. So I don't want to get into an argument that a professional athlete can't come and do an event there. And that's typical at all events. They do it at high school stadiums. An athletic team will come down and say, we're going to run a kids camp for a day. That's a professional team running a kids camp, but it's not a professional game. CHAIRMAN STRAIN: And I don't think -- at least that's not the concern I have. My concern is the word "primarily" would mean 51 percent. So we have 365 days a years, half of those days the Braves could come down and say -- or 49 percent of those days the Braves could come down and say this is our summer training camp. And, like Fort Myers, it would fit because they're not there 365 days a year. So now we still have an amateur athletic facility that's primarily there to serve amateurs because they have one day a year more than the Braves. That's the scenario I'm concerned about. I don't care about the Braves. I don't care what team it is. It was never intended to be a professional place. And I understand -- what you're suggesting doesn't make it a professional place. It just makes it usable March 15, 2018 Page 15 of 76 for camps and for the purpose of a park. I don't know how to get there right now with the language, Nick, but I'm concerned that the word "primarily" is going to open the door for more than we would anticipate, than what you're describing. MR. CASALANGUIDA: Predominantly, limited to 15 percent. CHAIRMAN STRAIN: Well, you're getting that ambiguous language. It's a matter -- I can hear the attorneys going back and forth describing who's right on that, you know. MR. CASALANGUIDA: Not leased to a professional facility, to a professional team. COMMISSIONER CHRZANOWSKI: Mark, question. CHAIRMAN STRAIN: Yeah. COMMISSIONER CHRZANOWSKI: Aren't professional and public athletes members of the public? MR. CASALANGUIDA: They are. COMMISSIONER CHRZANOWSKI: So why are they in there separately? Just say "primarily serve the public." And who else is there other than the public? MR. CASALANGUIDA: That's why we pulled it out. Primarily amateurs is to serve athletes, I mean, and/or the public. So, you know, if you want to put a restriction the facility shall not be leased to a professional sports team, I'm okay with that. CHAIRMAN STRAIN: That would work. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: That's the issue that I'm mostly concerned about. MR. CASALANGUIDA: That's fine. COMMISSIONER EBERT: Nick. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER EBERT: I have a question for you. I was not here during the last hour before, but I'm going to ask you, is this the one where this is all tourist tax dollars? This is not -- we are not, as residents -- this is nothing to do with parks and rec? MR. CASALANGUIDA: No, it's -- like North Collier's probably 70 percent local and 30 percent tourist tax, this is probably 70 percent tourist tax and 30 percent local. All the people who live in Collier County will have access to this facility. So the O&M will be covered by the General Fund, because legally, if it was 100 percent paid by tourist tax, I couldn't let the public use it. It would be one of those where, okay, how are the justifying the use is locals? So what we told the Board of County Commissioners was the general O&M would be done by parks, done by the General Fund. They would maintain the facility, keep it clean, run leagues at night; that way the children who live in Collier County would have a rational nexus to be able to use the facility. So this would be a 70/30 trying to attract tournaments and weeknights open to the public for me and you or anybody else who wanted to use the facility. COMMISSIONER EBERT: What about the 305 tract? Isn't that park and rec? MR. CASALANGUIDA: 305's general services to the county. A portion will be for this facility as well, too. So about 60 acres of 305 is planned to abut this facility on the City Gate site. But tourist development tax is doing all the vertical construction, ma'am; 100 percent of that. CHAIRMAN STRAIN: Let me understand this then. The $70 million budget, I had thought I heard on the Board's meeting that that is going to be out of the tourist development tax. MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: Okay. So you're not changing that? MR. CASALANGUIDA: Not at all. CHAIRMAN STRAIN: And what's this 30/70 mix you're talking about? That's for the operations, O&M? MR. CASALANGUIDA: The use; the use of it. In other words, for instance, let's say the O&M is $2 million a year. When you go 10 years, okay, at $2 million, that's $20 million, a General Fund that supports maintaining the facility. That's how we can say it's open to our residents, because we're picking up the O&M cost. That's actually a good thing. March 15, 2018 Page 16 of 76 CHAIRMAN STRAIN: Okay. So 70 percent of the O&M cost is going to come out of TD funds? MR. CASALANGUIDA: No. The use of the facility probably will be about 70/30 split predominantly geared towards having -- attracting teams and tournaments. But you can imagine on a Monday night, a Tuesday night, and a Wednesday night, just like North Collier, it's all league play for locals, you know, the residents who live here. That was one of the big selling points of why the people embraced it so much is all of our kids are going to get to play at this facility weeknights and on weekends when it's not booked. CHAIRMAN STRAIN: But only 30 percent of the time. MR. CASALANGUIDA: I'm saying roughly the split of the facility. If you're looking at North Collier, right now North Collier has 70 percent local and they have tournaments on the weekends, so I'd say 70/30 split between league play and tournament-type attractions. This is more geared toward tournaments, so probably 60, 70 -- you know, we haven't booked anything yet. This is predominantly attracting people to come here and attend tournaments, camps and things like that. But a large portion of that time, weeknights when we're not booked, our kids are going to play on all these fields. CHAIRMAN STRAIN: But the use will be the reverse of the North Naples one. The North Naples one is 70 percent local, 30 percent not. This one's going to be 70 percent not local and 30 percent local. MR. CASALANGUIDA: That's the intention, and those percentages aren't exact. CHAIRMAN STRAIN: No, I understand. I just didn't understand that aspect of it till now. We're entering it into the AUIR as 110 acres or whatever of additional parkland. MR. CASALANGUIDA: Right. CHAIRMAN STRAIN: But it's not parkland that's driven by the budget, basically, for local people. It's parkland that is put there as a tourist attraction. MR. CASALANGUIDA: That's right, but used by the local. Now -- CHAIRMAN STRAIN: But 30 percent, or whatever the low number is. MR. CASALANGUIDA: You've got to consider, Mark, like North Collier, during the weeknights, you don't have tournaments; Monday night, Tuesday night, Wednesday night, Thursday night. Usually they start around Friday, Saturday, or Sunday. And then on Friday, Saturday, or Sunday during the day those tournaments are using most of the fields. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: This will be brought up by AUIR. Does this now put us in an excess park capacity? Because I believe last year we were -- MR. CASALANGUIDA: That's a good question for Amy. COMMISSIONER SCHMITT: We were in a deficit. This now puts us in an excess, which I have to ask, because it was a recent issue. Then that exposes the Manatee Park as being -- site as being declared excess because you now purchased this site. Since we're now talking about AUIR. MR. CASALANGUIDA: Between Big Corkscrew Park and this facility, we've put a huge amount of park facilities in the next two years on plan. And I don't know if, Amy, you want to cover that. MS. PATTERSON: Good morning. Amy Patterson, for the record. So two different types of parks, you remember. We have community parks and regional. So this would go into the regional category and it, in fact, does put us into a surplus situation. We've been in a surplus situation for a little while with community parks, which is where Manatee sits. COMMISSIONER SCHMITT: Okay. Are you looking at it for -- I'll ask staff: Are you looking at affordable housing on this site since it's now excess? MR. CASALANGUIDA: I'm not going to answer that question. COMMISSIONER SCHMITT: I know you're not. But I will put it on the record. MR. CASALANGUIDA: Yeah. That's a board policy decision. I know it's a hot one that was on yesterday or Tuesday, yeah. COMMISSIONER EBERT: The one at Orangetree, that park -- MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER EBERT: -- I'm trying to find out the funding. I talked to somebody with Parks March 15, 2018 Page 17 of 76 and Rec, and they said this project they have never discussed. So I thought Park and Rec would be in on this. MR. CASALANGUIDA: They are. Right now the plan is to have Parks and Rec run the O&M of this facility. They would have program managers just like at North Collier that schedule the league play for our kids at this facility. Three o'clock in the afternoon when kids get out of school, I expect a bunch of these kids to be inside that field house, to be on those fields playing. COMMISSIONER EBERT: How come they have not -- how come this has not been brought to them? MR. CASALANGUIDA: It has. I've met with them -- ma'am, James Hanrahan, Derrick Garby are on the team that went and toured, around Florida, these facilities. They actually, three weeks ago, gave me an O&M budget, and I've reviewed that with them. The cost for the Big Corkscrew Park is 100 percent park impact fees or General Fund. The cost for this vertical construction is 100 percent TD tax, and the O&M is General Fund. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: I don't know if I've got anything more for you, Nick. We'll just move through them and see where we go. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: And I think we left off on 25 or 26. MR. FRUTH: That's correct. Page 25, your 26, we added Item E under 3. It's the hours of operation for the sports complex project. And that reads, "Hours of operation for outdoor activities (may not exceed) Item 1, Sunday through Thursday 7 a.m. to 10 p.m. (Weekday holidays are subject to Friday and Saturday time schedule below.)" Number 2 is the Friday and Saturday time, 7 a.m. to 12 a.m., and No. 3 reads, "weather-related delays will extend the hours of operation accordingly." CHAIRMAN STRAIN: Under the comment where you said "weekday holidays are subject to Friday and Saturday"; weekday holidays recognized by Collier County Government? MR. FRUTH: Yes. I mean, we can write that in there, add that to it. CHAIRMAN STRAIN: Well, I mean, yes, if you don't -- there's a lot of holidays out there that we may not -- MR. FRUTH: Fine. We're okay with that. CHAIRMAN STRAIN: Then on the number -- it's on the next page, okay. Anybody else? If not, let's move to the next page. MR. FRUTH: Page 26, your 27. COMMISSIONER SCHMITT: I have a question on Page 26. CHAIRMAN STRAIN: Page 26. Okay. Let's go back. COMMISSIONER SCHMITT: I'm sorry, Page 27. CHAIRMAN STRAIN: That's 29. You've got to go back two pages. COMMISSIONER SCHMITT: No, it's Paragraph 6. MR. FRUTH: I'm sorry. I don't have it. I can put it on the visualizer. COMMISSIONER SCHMITT: Yeah. You have boat docks with recreational lake tract, and the rest of this paragraph is strikethrough, so why do you have that sentence there? Is there something missing? I'm looking at the one I got. CHAIRMAN STRAIN: What page are you on in the one we have? COMMISSIONER SCHMITT: I'm on Page 27. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHMITT: Paragraph -- it's 3.2, Subparagraph 6. CHAIRMAN STRAIN: That's under the accessory uses. COMMISSIONER SCHMITT: Yeah. There it is. It says, "boat docks with recreation on lake tract," and then the rest of it is a strikethrough, so... MR. FRUTH: Remove the whole paragraph. COMMISSIONER SCHMITT: Yeah. I don't know why -- you had it underlined. You added it. So March 15, 2018 Page 18 of 76 I was wondering was there something -- was there an intent there or -- MR. FRUTH: Yeah. The old language is strikethrough, and -- that's correct. And we're updating the numbers, as Nancy was noting there. And "boat docks with recreation on lake tract" is actually part of the new PUD document. We're adding that language. I'm sorry. I keep rotating. CHAIRMAN STRAIN: It has nothing to do with the previous paragraph language. It just happened to be the placeholder where you would add it. MR. FRUTH: That's correct. It was the location. CHAIRMAN STRAIN: And while we're on that page, you made some changes to the top that you skipped. The two greens. MR. FRUTH: Yes. Yes, that's correct. B3. CHAIRMAN STRAIN: You've got to pull it down a little bit, Josh. There you go. MR. FRUTH: B.3, we added to the end of that. It now reads, "Signs as permitted by Collier County zoning ordinance in effect at time of application for the sign permit and as subject to Section 2.7 in this document." B.4, we also added to the end of that. It says, "2.7 of this document." It's referencing the reader back to the location of the information that was added. CHAIRMAN STRAIN: Okay. Let's move on to the next one. MR. FRUTH: Page 29. Under the sports complex project, the actual height, it was clarified. I already read one statement, but it now reads, "85 feet except flagpoles may be extended 40 feet above the structure height per Deviation No. 4 within this document." CHAIRMAN STRAIN: Wouldn't you mean 40 feet above the actual height of 85 feet? Because the structure height isn't a defined -- that could be just about anything. MR. FRUTH: Yes. I'll remove the word "structure" and replace it with "actual height," the word "actual." CHAIRMAN STRAIN: Okay. MR. FRUTH: Page 30, Item I, again, it's a clarification. We added a sentence that says, "subject to Section 2.7 in this document." It's related to the parking and loading. COMMISSIONER SCHMITT: Mark, I have a question on Page 30, at least our Page 30. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHMITT: You have a statement in there under Paragraph E, "Taller buildings may be authorized upon application following the advertised public hearing." It goes on. I mean, since you're cleaning up the document, wouldn't you just want to make that statement pursuant to the requirements of the LDC, you'd have to pursue an amendment to the PUD in order to make any changes? Because that's basically what you're saying. This has to go through the Planning Commission, the Board of County Commissioners. MR. FRUTH: Again, that's old language. We left it in there. We didn't touch it. COMMISSIONER SCHMITT: Yeah. MR. FRUTH: There's no clarification from our end. Nancy, I don't know if you have anything to add to that, but it's -- COMMISSIONER SCHMITT: You can leave it. I just -- I think there would be an easier way to say it, but that's fine. I just thought, again, it was -- CHAIRMAN STRAIN: And, Joe, you're right. There's a lot of unnecessary language. I only left it alone because it's an amendment; it's not a rewrite. So I think that's probably where they were coming from when they did it, too. MR. FRUTH: Yeah. The only statement in that paragraph that was updated was, throughout the document, instead of one word, City Gate is two words. That's all we cleaned up. CHAIRMAN STRAIN: Okay. Well, let's move on to the next page. MR. FRUTH: Page 30, Item I, as I read before, we added the sentence "subject to Section 2.7 in this document." CHAIRMAN STRAIN: Okay. MR. FRUTH: Page 34, Item I and J, Items I and J were added. March 15, 2018 Page 19 of 76 CHAIRMAN STRAIN: Let us get -- our numbers aren't the same as yours. It takes us a minute. MR. FRUTH: Yeah, you guys should be Page 35. I'm sorry. CHAIRMAN STRAIN: It takes us -- a little harder to get to -- that's Page 35 in our packet. MR. FRUTH: Correct. CHAIRMAN STRAIN: Okay. MR. FRUTH: After H, Item I was added, and it reads, "The 0.82 acres of retained or recreated native vegetation for City Gate Commerce Park, Phase 1, shall be completed by City Gate Development, LLC, prior to the next SDP application issuance within Phase 1 for the remaining undeveloped Phase 1 lots." Item J was added as well for clarification, and it reads, "Lot 1 of City Gate Commerce Park, Phase 2 re-plat (Plat Book 50, Page 24) also known as the South Florida Water Management District Big Cypress Basin field station or formerly known as Lots 5 and 6, Phase 2, include 0.42 acres of retained vegetation. This is included in the overall retained vegetation calculations shown within this document in Exhibit A-6, Pages 25 through 28. The Phase 2 requirement equals 5.15 acres minus 0.42 acres, which equals 4.73 acres (remaining Phase 2 required retained vegetation)." CHAIRMAN STRAIN: Okay. And the reason for that is previous to the incorporation of the yard plan into this PUD, it wasn't a document that was readily available when staff did the reviews for the Big Cypress Basin property. As a result, they didn't adhere to the yard plan, and this will provide there are areas that can be used for native vegetation replanting and recreation to be used and counted against the yard plan requirements; is that accurate? MR. FRUTH: That is accurate. The last hearing I showed an exhibit that showed the Big Cypress Basin site. We coordinated with staff. Staff concurs. I won't speak for them, but that is correct, Chair. CHAIRMAN STRAIN: Okay. Let's roll on to the next section. MR. FRUTH: Updates to the Master Development Plan. There's no further updates in the PUD document, the actual word text part. Highlighted in green here, we added "Phase 1, Lot 7," at the request of the last hearing. It's one of the deviation locations. You'll see it on the next slide. CHAIRMAN STRAIN: Yep. MR. FRUTH: We added this note at the bottom as well. "A portion of retained vegetation may be provided off site pursuant to Deviation No. 21," and we clarified a calculation error. It was off by one-hundredth. Instead of 30.57, it now reads 30.56. Page 2, Exhibit A-1, Page 2 of 5, again, Phase 1, Lot 7 is identified to help clarify the location of Deviation No. 3. We added the note to this page, and it reads, "Note, sports complex project actual height: The actual height of future structures on the sports complex project shall be equal to the actual structure height," which we can adjust, as we noted just now, "plus the flagpole height. For example, the maximum actual structure height of 85 feet plus the maximum flagpole height of 40 feet equals an overall maximum height of 125 feet." And, again, as we just mentioned in the word, in the text portion of the document, we can revise where it's -- and remove the word and add "actual" instead of "structure." CHAIRMAN STRAIN: So no matter where you would add a flagpole to that structure, the flagpole itself may be no higher than 40 feet? MR. FRUTH: That is correct. CHAIRMAN STRAIN: No longer than 40 feet. MR. FRUTH: That is correct, and the maximum height will not be higher -- CHAIRMAN STRAIN: So if you have a stepped structure, the lower part of the structure is still going to be, say, 60 feet plus 40 instead of 85 feet plus 40? MR. FRUTH: Yes, that's -- CHAIRMAN STRAIN: The flagpole itself can't be greater than 40. MR. FRUTH: That's correct. CHAIRMAN STRAIN: Okay. That's what I needed to understand. Thank you. MR. FRUTH: And green, again, it's the same carryover from Page 1 of the Exhibit A-1. We simply updated the acreage from 30.57 to 30.56. March 15, 2018 Page 20 of 76 Pages 3, 4, and 5 of the Master Development Plan, Exhibit A-1 are verbatim to the deviations that we just reviewed. They're just included in this document. And the next is the updates to the required yard plan, which is Exhibit A-6 -- CHAIRMAN STRAIN: Let's go back. MR. FRUTH: -- of your documents. CHAIRMAN STRAIN: Let's look at our Page 54, which is permitted uses SIC code. It starts there. I don't have issues with that page, but I do with several pages past that, which is titled "East of FP&L Easement, Sports Complex Project," and that's on Page 58 in our packet. Now, No. 2 is your amusement and recreation services, and it says, "indoor except stadiums may be outdoor." Well, everything's outdoor until its indoor. So what you mean here, you've got an open stadium, right? MR. FRUTH: That is correct. CHAIRMAN STRAIN: Okay. So, really, everything you do in the stadium is subject to rain, weather, and it's enclosed, so you're not going to have any, necessarily, noise attenuation other than the walls around the sports -- the stadium, which leads me to a concern with Principal Use No. 2. "Bands, orchestras, actors, and other entertainments, entertainment groups." Now, based on the way this is written, those could all be in the stadium, I'm assuming, and if they're all in the stadium, we're looking at jamborees -- or like we've had up at the Vineyards Park and things like that. And I now know why you took out Deviation No. 1, because Deviation No. 1 would make you come in for temporary events so that they would be somewhat regulated so it wouldn't be 365 days a year. This would allow you to do all those temporary events as a principal use by right, and you wouldn't have any regulation. So I don't think the intent is to let rock bands or country western or whatever kind of music operate out of that stadium 365 days a year. So on that one in particular, I think it needs a cap of the amount of times it would be there as a principal use. MR. FRUTH: Fifty-two. CHAIRMAN STRAIN: You know, it's like the 100 flagpoles. It's just one of those you just grab out of the air and say, that's a nice round number. Let's do that. MR. FRUTH: I said it with a straight face. CHAIRMAN STRAIN: I know. How often do we have those kind of activities going on at the other fairly large park in Collier County, which is North Naples Regional Park? MR. CASALANGUIDA: You don't have those activities that take place there. CHAIRMAN STRAIN: Okay. How about the Vineyards Park? MR. CASALANGUIDA: Probably not Vineyards. Probably the high schools have it more than anything else. I mean, we've had -- CHAIRMAN STRAIN: How often do the high schools have it? They don't do it 52 times a year because they're not open 52 times a year. Are they, Tom? MR. EASTMAN: No. CHAIRMAN STRAIN: He's the school representative. MR. CASALANGUIDA: I didn't know that. CHAIRMAN STRAIN: He just undermined your argument, so... MR. CASALANGUIDA: Mark, you know, nothing's booked, so, you know, you want to put a ceiling on this thing and above that would require a temporary-use permit. Does that give you some comfort? CHAIRMAN STRAIN: That's -- yep. MR. CASALANGUIDA: So you want to put 20, and above 20 would require a temporary-use permit? CHAIRMAN STRAIN: That's a lot more reasonable. Let's start there. Then when the Board deals with it, they can look at it any way they'd like. MR. CASALANGUIDA: It's not the primary, you know, intent, so I don't think that's what we're shooting for. CHAIRMAN STRAIN: Okay. Thank you. March 15, 2018 Page 21 of 76 Joe, did you have something you wanted to -- COMMISSIONER SCHMITT: No. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: And, Josh, we're down to the yard plan now, right, did you say? MR. FRUTH: That is correct. CHAIRMAN STRAIN: Okay. MR. FRUTH: Exhibit A-6 in your documents. CHAIRMAN STRAIN: And that's Page -- you have -- yeah. It's on Page 63 of our electronic version. MR. FRUTH: That's correct. On this page, your Page 63, and Item No. 4, it was, again, a calculation cleanup. It was off by one-hundredth, the same as the last exhibits. So the numbers now read 24.59, and in parenthetical it reads 26.02 instead of 26.03. Page 63, your 64, this is a strikethrough. Under the required yard heading, the last sentence was removed. CHAIRMAN STRAIN: And that sentence was there primarily to address the issue with Big Cypress which you've addressed by a separate paragraph that takes care of it. So now it doesn't have to be a general inclusion into this yard plan. MR. FRUTH: That is correct. It primarily was moved over into -- as you'll see coming up on these slides in coordination with staff, into a new category. CHAIRMAN STRAIN: Okay. Let's move on. MR. FRUTH: And here it is. Page 64, your 65, the open space definition was removed. It's a full strikethrough on that paragraph. And at the end underneath sports complex project, Item B, "with all three strata" was added to the end of that sentence. And Item C is brand new, and it reads "Within other areas of the sports complex project, parcels in the PUD that are not perimeter yards may be used to meet the native vegetation retention acreage required for the PUD. These areas shall not be occupied by buildings, impervious areas, streets or driveways, and will consist of 100 percent retained and/or replanted native vegetation. These areas shall meet the minimum widths (25 feet of yards) and a minimum contiguous area of 1,250 square feet." CHAIRMAN STRAIN: Good. Is that the language you worked out with Summer? She's nodding her head. That's good. Thank you. MR. STONE: Mr. Chair, just a small grammatical fix. CHAIRMAN STRAIN: Okay. MR. STONE: AT the beginning of that sentence, there should be a comma after "project" and then delete the comma after "yards" to make it more readable. CHAIRMAN STRAIN: Okay. MR. FRUTH: Noted. And we will correct. CHAIRMAN STRAIN: Okay. MR. FRUTH: Page 65, your 66, E was added as well under this category. It relates to the passive recreational uses, and it reads, "Passive uses are allowed within yards as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. Passive uses are specified in LDC section 'allowable uses within the county required preserves.'" Page 67, your 68, under what must be retained in the required yards, Item 2B, at the end of that paragraph there, it now -- the addition reads, "but in no case will the total be less than 29.74 acres (Phase 2 and Phase 3)." And we added 2C, "The minimum native vegetation for Phase 1 is pursuant to Exhibit A-6, Page 26 of 29. CHAIRMAN STRAIN: And why don't you add the amount there, too. Just make it simple so someone hasn't got to go searching through these 100 pages to find it. It's .82 or something like that, isn't it? MR. FRUTH: That is correct, 0.82, and then the page number should be 28 instead of 29. I'll correct that. And this is why your pages are different than ours, because the required yard was updated. March 15, 2018 Page 22 of 76 CHAIRMAN STRAIN: Okay. MR. FRUTH: The 0.82 was moved -- just for the record, was moved because it's not part of the required yard plan. Phase 1 is not. It's noted coming up here. Actually, I think I already read it into the record, but we can put it back in. CHAIRMAN STRAIN: Well, it just makes it clean. If staff's reading it, they haven't got to thumb down and find your page and your exhibits. There's an awful lot of them. They're hard to follow. So this will just make it easier. MR. FRUTH: That's fine. CHAIRMAN STRAIN: It doesn't negatively affect you that I could see. MR. FRUTH: Page 68, your 69. Item -- under the replacement standards -- V.C.2, added a sentence that reads, "Native trees that were seriously damaged or destroyed in platted utility easements must be replaced outside of the easement." CHAIRMAN STRAIN: Well, you didn't actually add it. You unstruck it. MR. FRUTH: Yes, that's correct. CHAIRMAN STRAIN: That's a new word, "unstruck." I don't know how else to describe it. MR. FRUTH: I agree. CHAIRMAN STRAIN: Something that was previously struck is not. MR. FRUTH: Page 74, Exhibit A-6, Page 13 of 28, we changed the title, coordinating with staff, just because of -- actually, this part of the replanting and replacement plan relates to trees and shrubs. So the title is now "Native Vegetation Replacement Plan." There's a strikethrough on shrub layer and ground cover. And the same goes for Page 75, your Page 76; we just updated the title. Exhibit A-6, Page 25 of 28, what we were just talking about, the Phase 1 retained vegetation of 0.82 acres. It was noted on this exhibit, added. COMMISSIONER FRYER: What page is that? Page number? MS. GUNDLACH: It's 87. COMMISSIONER FRYER: So they're not numbered, are they? MR. FRUTH: They are numbered. I just -- I have it clipped in this presentation. COMMISSIONER FRYER: Did you say 24 of 28? MR. FRUTH: Eighty-six; 87 for you. COMMISSIONER FRYER: Okay. MR. FRUTH: The next item is the traffic items. We went over this. I can go over it again, or we can go over it -- CHAIRMAN STRAIN: I think -- unless anybody has any questions, I think we understood it. When we get into your TIS, there is a couple of questions, but without Norm here, I'm not sure how much -- in Table 1 of the TIS, and it might be the one that you've got on the right, do you see where it says size, 350 rooms? You're really asking for 950. And I'm just making that clarification, because isn't this where you'd want to see the new number? MR. FRUTH: Correct. This is -- the 950 is the total of that category, and above it, if you go up, you see the 250. So that number there, instead of 350, would read 700, but the calculations -- CHAIRMAN STRAIN: Right. Yeah, 250 and 350, you still are deficient the 950 you're looking for. MR. FRUTH: Correct. However, in this letter, what Norm's getting at here is those numbers were pulled out of the square footage per the consistency. That table just has to be updated to the 900, but it was done and calculated. CHAIRMAN STRAIN: The quantities, because of the cap of traffic, it's kind of irrelevant, but at least the document would be right. That's all I was trying to -- MR. FRUTH: Commissioner, thank you. And the final item I have is, because of the traffic updates, we sent clarification text back to the Regional Planning Council, the item right in front of you, and this clarification was worked out with staff. And this language was sent to Dan Trescott. Dan Trescott replied and said that these revisions were acceptable. CHAIRMAN STRAIN: Okay. So that gets us through the recent information you provided. Did you have anything else you wanted to add, Josh? March 15, 2018 Page 23 of 76 MR. FRUTH: All good. Thank you very much. Thank you, staff. We appreciate it. This was a long document, and we appreciate all the help. MR. STONE: Excuse me, Mr. Chair. Josh, I may have missed it, but did you just introduce the new language to the resolution? MR. RICE: Yes. MR. FRUTH: I did, yes. MR. STONE: Thank you. CHAIRMAN STRAIN: And I'm just checking to make sure I don't have any other issues that need to be asked, unless anybody else has any. Now's the time to bring them up. Did you have some, Diane? COMMISSIONER EBERT: No. I'll do it in discussion. CHAIRMAN STRAIN: Okay. Use your mike when you get a chance, I mean, when you talk. And I think everything's been addressed that I had at this time, so -- okay. Nick, did you want something to add? MR. CASALANGUIDA: Mr. Chairman, I'm going to leave, but I just -- I can't leave without thanking Nancy and Ray and Mike, Summer and Matt on the internal team. Mr. Chairman, you spent quite a bit of time both with the applicant and myself and the County Attorney's Office. I think you're going to get a beautiful project when we're done. We're going to take into consideration the neighborhood, and our kids are going to get to use it. That's exciting. It's not professional. It's recreational. It's amateur. It will be a great facility for Collier County. CHAIRMAN STRAIN: Thank you. I appreciate your cooperation in getting some of these numbers. I know you didn't like to do that, but it was necessary, so thank you. Go ahead, Diane. COMMISSIONER EBERT: I have a question for Nick. MR. CASALANGUIDA: Sure. COMMISSIONER EBERT: Nick, I'll be real honest with you. MR. CASALANGUIDA: Yep. COMMISSIONER EBERT: The deviation -- the amount of deviations is -- it is -- we just took the whole LDC book and threw it out. That bothers me because this is the county. And as far as signs, I understand some things, but I'm going, 22 is a lot, and you blew it past what anybody would be allowed. And I just -- it's kind of upsetting, because we are the county. MR. CASALANGUIDA: Ma'am, if you want to go through any one in particular, I'm happy to do that. But I think, working with the applicant, we tried to -- you know, that sports complex lot is going to be exciting internally, and we definitely want to not, you know, pollute signs to the north, and we're asking for one, really, sign on Collier Boulevard, and that's really the only big deviation in signs. All the ones on the local streets, really, just are way-finding for the purposes of City Gate and the sports complex. But if there's one that's got particular concern, I'm happy to spend some time with you on it. COMMISSIONER EBERT: Okay. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: Thank you. And as soon as you leave, we'll probably undo everything you did. MR. CASALANGUIDA: Thanks. CHAIRMAN STRAIN: Okay. Josh, I don't think there's any more you want to add to it at this point. And I'm going to turn to staff to see what kind of staff report we have, and then we'll go to -- we might have public -- do we have any public speakers registered, Ray? MR. BELLOWS: No one has registered. Oh, Scott has them. CHAIRMAN STRAIN: Just -- in order for understanding the timing of our break for the court reporter, is there anybody here who wishes to speak on the sports park? (No response.) CHAIRMAN STRAIN: Okay. Then that will -- we might wrap this up before break. Well, let me go through staff report first. March 15, 2018 Page 24 of 76 Nancy, it's all yours. MS. GUNDLACH: Yes. Good morning. For the record, I'm Nancy Gundlach. I'm principal planner with the Zoning Division. And staff is in agreement with the proposed changes that you've made today, and we did recommend approval of these petitions. CHAIRMAN STRAIN: Okay. The changes today only tighten it up, don't loosen it up, so I didn't expect staff to have any problems with it, and I appreciate your comments. So thank you. MS. GUNDLACH: You're welcome. CHAIRMAN STRAIN: Any questions of staff before we go to public speakers? And we have two public speakers, did you say, Ray? MR. BELLOWS: Yes. CHAIRMAN STRAIN: As your name's called, please come up to the microphone, identify yourself, and we ask our speakers to limit themselves to five minutes. MR. BELLOWS: The first speaker is Anthony Ferraro. CHAIRMAN STRAIN: Were you sworn -- did you stand to be sworn in when you -- MR. FERRARO: No, I did not. CHAIRMAN STRAIN: Okay. The court reporter will have to swear you in. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Thank you. MR. FERRARO: Good morning. My name's Anthony Ferraro, and I -- with -- I represent Indigo Lakes Homeowners Association. I'm on the board of directors. CHAIRMAN STRAIN: Are you here for the project that's going in next to you called Rushton Pointe? MR. FERRARO: Yes, I am. CHAIRMAN STRAIN: This isn't that one. This is for the sports park on I-75 and 951. So you'll have to stay a little longer till we get to that one. MR. FERRARO: Okay. Thank you. CHAIRMAN STRAIN: Sorry for the confusion. Do you have anybody else for the sports park, Ray? MR. BELLOWS: No. CHAIRMAN STRAIN: Okay. Sorry for that. With that, we will end -- that's the end of our discussion for the sports park. Now, the changes were put on the panel in front of us today. Normally what we would do is we would try to pass it and then -- to some extent, or deny it, and then come back for consent. We've got to come back for consent anyway, and I don't mean to delay a vote, but your changes were so fresh, and there were so many paragraphs, I would rather come back and finish the vote on it next time so that if there are any questions when we look at those paragraphs closer and see how they fit into the document, we can ask them rather than have our hands tied because we voted on it now and we closed the door to any discussion on consent. Is that -- any objection from the applicant? Let's say, is there any reasonable objection from the applicant? I didn't know they were going to send you up here, so... MR. CASALANGUIDA: Well, I think, Mark, we've queued up a lot with closing and financing, and we expect to go to the Board on the 27th. If Josh can make these changes and bring them back after lunch, would that be acceptable? CHAIRMAN STRAIN: I'm more concerned about the time to read them all and digest them. I mean, Josh has been sending out repeated -- and rightfully so. I have no problem. He's tried real hard to get the information to, at least to me, because I had most of the issues that we brought up today -- continually. He sent them out and sent them out and sent them out. I have -- every day I got a new email practically with a new change. Well, that's, what, 30, 40, 50 changes that I have to check them all to see how it fits together. And, Nick, we had seven cases originally, or six originally here. I could not read all that every day with everything going on. March 15, 2018 Page 25 of 76 MR. CASALANGUIDA: When's the next Planning Commission hearing? CHAIRMAN STRAIN: It would be the 5th of April. MR. CASALANGUIDA: We wouldn't get to the Board till the second meeting in April. That's 30 days. CHAIRMAN STRAIN: What does that mean "it's 30 days"? MR. CASALANGUIDA: It's 30 days before we would close. That adds to the closing dates the 30 days before we can start. We're actually ready to start working on the next phase of the project. The A&E selection is scheduled to come to the Board, the closing, and the financing to do the closings is scheduled to come to the Board. I think that's why we went to such extent to try and meet this deadline, because we're teed up for the 27th at the board meeting. CHAIRMAN STRAIN: Josh, when could you have the drafts done? Electronically. MR. FRUTH: Close of business today. CHAIRMAN STRAIN: That doesn't get us an ability to vote on them today. Joe, did you have something? MR. FRUTH: You guys done at 4 p.m.? CHAIRMAN STRAIN: Well, we're not going to be here. MR. RICE: We'll have them done. When you get back from your lunch break, they'll be done. CHAIRMAN STRAIN: See, I was hoping you'd say you could have them done by the lunch break so we could read them at lunch. I'm willing to sit here and read. MR. RICE: We'll have them done for the lunch break then. COMMISSIONER SCHMITT: Would you clearly identify, though -- because I didn't see the version that was presented today. The only thing I reviewed was what was on the disk that I -- or on the jump drive that I got. I followed everything Josh presented. But the changes you're going to give us, you need to clearly identify in another color or whatever what you added just so we can go through it quickly. I don't want to go -- read all of the -- MR. RICE: We'll make today's changes in orange. COMMISSIONER SCHMITT: Whatever, just so we can go through it quickly. I don't want to go -- try and go through all the green highlight again that we discussed in every detail. Is that what you wanted to -- CHAIRMAN STRAIN: Yeah, I just want to make sure that our comments today -- because even if we continued it for consent, you're still stuck in the same problem. MR. RICE: Right. CHAIRMAN STRAIN: So now you're saying we can't have that problem. We're going to do our best to work with you but, at the same time, you've got a whole hour and a half just to type a few sentences up. MR. RICE: That's what we're going to do. MR. CASALANGUIDA: If you could leave (sic) Josh to leave right now, we'll put a cattle prod on him and give him an office to work on it. CHAIRMAN STRAIN: Actually, he's done good in keeping up with everything, so... COMMISSIONER SCHMITT: Josh, you -- billable hours are three times to the county for this. MR. FRUTH: My only question is, what color would you like these to be highlighted, to be consistent? COMMISSIONER SCHMITT: You just make it any color that -- COMMISSIONER DEARBORN: I make a motion for orange, Mr. Chairman. CHAIRMAN STRAIN: Yeah, orange is one you haven't used yet, so let's try that. MR. FRUTH: Sounds good. CHAIRMAN STRAIN: Okay. Then we will have that before lunch distributed in hard copies or electronic. What do you -- can you -- some of us don't have electronic, so... COMMISSIONER EBERT: Hard copy. CHAIRMAN STRAIN: I don't care. Hard copies will do fine. I can compare my electronic to the hard, and we'll be in good shape. So by the time we get back from lunch, we'll schedule you to be first up to March 15, 2018 Page 26 of 76 finish it up if we have any issues. If not, we can vote on it and be done. MR. FRUTH: You'll have the 89-page hard-copy document. CHAIRMAN STRAIN: Eighty-nine page hard copy. Whatever it is. Just as long as it's in orange, we'll be able to flip through it quickly. MR. FRUTH: Sounds good. Thank you very much. CHAIRMAN STRAIN: Hold on a second. Diane? COMMISSIONER EBERT: Nick, why are you saying this cannot come back? Have you already planned this for the BCC? MR. CASALANGUIDA: Yes, ma'am. This was scheduled for the 27th knowing we went through these couple hearings. COMMISSIONER EBERT: The 27th of? MR. CASALANGUIDA: March, yes, ma'am. Closing -- because of the 30-day appeal period of the state, we're going to close 30 days later. We're going through the development of the guaranteed maximum price for the lot clearing and a lake excavation. We've got a pretty tight schedule we're running on this project. CHAIRMAN STRAIN: Well, we have accommodated when we can. And if you're willing to accommodate us so we can look at the highlights over lunch, we'll make it work. MR. CASALANGUIDA: I'm surprised Josh is still in the room. CHAIRMAN STRAIN: I am, too. He doesn't need as much time as he's got. MR. FRUTH: I'm packing up and leaving. CHAIRMAN STRAIN: Okay. And we'll see you back at 1 o'clock, or approximately, depending on when we take our hour lunch. Now, Ned, did you have something? COMMISSIONER FRYER: Mr. Chairman, thankfully you've been intimately involved in this over the last two weeks, but I feel rather behind the eightball not having been included in the emails even on a one-way communication basis. So I don't know if there's anything that could have been done, but I guess I'm glad that you're on top of it, but I don't feel like I'm able to do very much. CHAIRMAN STRAIN: Well, it's kind of hard for anybody to communicate one Planning Commission member's issues to another. We're not supposed to do that. We're not even supposed to let them be conduits for that purpose. So it's a little difficult to do that with the Sunshine Law. The only thing I tried to do was last time, at the last meeting, we brought this issue up, you-all asked your questions, and from that perspective it would have just been about done. I couldn't rest with that. I had these two hours, plus an hour last time to try to get everything ferreted out as best we could and these corrections made. So that's why I tried to solve some time today so you could see it in a prepared mode like they did on the screen. Because if I hadn't talked with them prior to today's meeting, the concerns I had wouldn't even be on the screen today. COMMISSIONER FRYER: Understood. CHAIRMAN STRAIN: So that, I was hoping, would get us far enough where we could resolve it, so... COMMISSIONER FRYER: I was just suggesting that if you had raised an issue that the applicant agreed to so that it was going to come before us this morning, but that agreement had been reached five or six days ago, couldn't that have been sent to us in a one-way communication? CHAIRMAN STRAIN: Well, no. I just met with them -- I mean, I met with Nick Monday, I met with Josh Tuesday or Wednesday, and I've been in meetings continuously since then. So I'm not sure they even -- I don't even know that they got what I told them they had. They sent it to me. I didn't see it till today. COMMISSIONER FRYER: Okay. CHAIRMAN STRAIN: So, I mean, it's just been -- this meeting had six cases. There isn't a single one of them that's going to be simple, and that's been driving the train. And the other applicants, we had to meet with them, too. So it's been piling up this week. MR. CASALANGUIDA: And to Mark's credit, everything was very -- more restrictive. He was just March 15, 2018 Page 27 of 76 making sure we were putting the four corners on this thing with everything that was presented in the prior meeting. COMMISSIONER FRYER: Mr. Chairman, please don't get hit by a truck, okay? CHAIRMAN STRAIN: I'm going to get hit by him. He's bigger than a truck. Okay. That takes us to our break. Let's come back at 10:45, and the next one up is Creekside. We'll move right into that when we get back, so thank you. (A brief recess was had.) CHAIRMAN STRAIN: Okay, everybody, if you'd please take your seats again. Nick, you may want to hear this real quick announcement. During the break someone came up to Ray, a resident, and said they wanted to talk about the sports park. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: And without the applicant being here, not just you but the other side being here, I don't think it would be fair to hear the gentleman until they got back, and everybody is coming back after lunch, so approximately 1:00. At that time if this gentleman who put the slip in late is still here, we can hear him at that time before we vote. MR. CASALANGUIDA: Okay. CHAIRMAN STRAIN: So that's the fairest way I could think of handling it at this time. And, Ray, what was the gentleman's name? MR. BELLOWS: Steve Carmichael. CHAIRMAN STRAIN: Okay. Mr. Carmichael, if you're here, that's the scenario we're going to use to move forward. I just wanted you to be aware of it. Okay. COMMISSIONER SCHMITT: Mark, was he not here when we asked for speakers, or we don't know? CHAIRMAN STRAIN: It's irrelevant. He put a slip in, so we'll just deal with it like we can so everybody is aware of it. ***Next item up is 9C. It's PL20170000425. It's a Creekside Commerce Park CPUD located south of Immokalee Road and both east and west of Goodlette-Frank Road. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: And we'll start with disclosures with -- did Tom disappear? Well, we'll start with Stan for now. COMMISSIONER CHRZANOWSKI: I talked to Mr. Yovanovich. COMMISSIONER FRYER: As have I. That's all. COMMISSIONER EBERT: Just staff. CHAIRMAN STRAIN: And I -- for a change, I didn't talk to Mr. Yovanovich. MR. YOVANOVICH: That's not true. CHAIRMAN STRAIN: I talked to the applicant and Wayne. When did I talk to you? MR. YOVANOVICH: On the phone. CHAIRMAN STRAIN: I didn't even know you called me. Okay. I did talk to him on the phone, but what's nice is I have no recollection of talking to him, so -- and I have talked to staff. Go ahead, Karen. COMMISSIONER HOMIAK: I spoke to Mr. Yovanovich and briefly to Mr. Arnold. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: Spoke to Mr. Yovanovich, addressed several questions I had. CHAIRMAN STRAIN: Patrick? COMMISSIONER DEARBORN: None. CHAIRMAN STRAIN: Okay. With that, Wayne, proceed. MR. ARNOLD: Good morning. I'm Wayne Arnold with Grady Minor & Associates and I'm here representing Arthrex and the PUD amendment for Creekside. Our team represents Arthrex and, of course, Rich Yovanovich and myself and Trebilcock Consulting Solutions -- unfortunately, as you learned during the first agenda item, Mr. Trebilcock is out of town and not able to join us, but hopefully we can address any March 15, 2018 Page 28 of 76 transportation questions you may have. So the amendment that's before you was prompted largely by the need for Arthrex to develop a hotel for their own use, and out of that grew the ability to want to put in a physical fitness facility, a wellness center for themselves and employees, and so we have made some adjustments related to the PUD to address that. And to address the increased intensity of the hotel, we've reduced some of the intensities in the industrial and the business district as you see reflected in the strikethrough and underline. We also added some general provisions for outdoor recreational facilities for the PUD in areas that not designated either IC or B, which means that the FP&L easement and parts of the canal bank and things like that could can be utilized for outdoor recreational facilities. Arthrex is, of course, a large sponsor of the Blue Zone project in Collier County, as is Collier County government, and they're trying to offer opportunities for their employees to remain fit and stay on their campus. So I'm going to introduce David Bumpous, who's with Arthrex, their operations group, and he's got a short presentation to show you some images of the hotel and talk a little bit more about the need for the hotel, and then we'll be happy to answer any questions. CHAIRMAN STRAIN: Thank you. MR. BUMPOUS: Good morning. David Bumpous, B-u-m-p-o-u-s. I'm the senior director of operations for Arthrex. It's always a pleasure to be here presenting to the Board. As you just heard -- first of all, let me say this. I'm not going to spend any time today presenting on Arthrex and who we are. Hopefully you know who we are, so I won't waste your time on that, but really we're here to talk about the two key factors, one being the hotel, the other being a fitness or wellness center for our guests and our employees. Starting with the hotel, it's no secret Arthrex is a major contributor to medical tourism. We have thousands of orthopedic surgeons that visit Arthrex's campus on Creekside each year for educational purposes. And over the past few years, we've really gotten into a situation where having adequate hotel space has become a real challenge for us. We are governed by very strict regulations uses through the FDA and through AdvaMed, so it's very specific in where we can put doctors. As an example, you can't put them at high-end resorts. Well, Naples is full of high-end resorts. So that really limits our ability and options, if you will. As an example, last year we had about 40 percent of the occupancy of the Hyatt Place at Coconut Point for most of the year, and so what that does is it creates a burden on the guest but, more importantly, it also adds to traffic, because those people are being shuttled back and forth from the various hotels around Southwest Florida. And so by building a hotel on our camps, what that will allow us to do is have those surgeons that are flying into RSW be brought directly to the hotel on campus and basically, from that point forward, all their transportation will be either by golf cart or on foot. So, again, we feel like it's a great opportunity to provide a better opportunity and educational opportunity for those visitors and, at the same time, again, we think there's some benefit. Next door to that facility we are hoping to build a fitness facility. This, of course, being the Creekside PUD, the tracts that we're talking about are really this area right here. This gives you somewhat of an overview of the overall campus. I'm not sure how to get rid of my circle here. We're really talking about these two spaces here; the one in the forefront being the hotel, and the smaller one being a wellness or fitness center. As all hotels typically have some sort of a wellness or fitness opportunity, our idea was to build this separate so that it would provide access to the employees that work on our Creekside campus. We're, again, a very healthy company, Blue Zone company. We have an overwhelming majority of our employees that are, every morning or every evening, driving to a fitness facility somewhere in the county and then, again, clogging the roads coming to work at 7:45 or whatever time they come in. So we see double benefits here. One, it provides them the ability to work out during the day, during lunch; at the same time, rather than that person driving to the gym at 5:30 or 6:00 in the morning, working out, showering, and then driving to Arthrex at 7:45, they're not going to drive to the Arthrex campus in nonpeak hours. They're going to work out, and then basically walk across the street to work. March 15, 2018 Page 29 of 76 The same thing would be true in the evening time as well; people would finish work, go work out, now they're on the roads at 7:00 o'clock rather than 5:15 when everybody else is on the roads. So, again, some of the benefits that we think that we will enjoy from this, even with the hotel, one of the key factors here is staff has been great in working with us, and agreeing to allow us to put in less parking than what would be required for a hotel of this size, and the point is the guests are going to be brought in by shuttle. That's how they arrive today. That's how they'll continue to arrive in the future. They load on a Dolphin bus, or whatever the vendor happens to be at RSW, they're brought down and, again, they're now on our campus. Closer view of the hotel. And, as you can see, I mean, the designs here are all to be very cohesive with the campus with everything that's currently there. The administration building, that's been previously approved and, actually, construction has begun. So the idea is that everything would blend and create a nice environment. Tremendous amount of landscaping. Again, we're creating a campus environment to continue our growth and support our employees. CHAIRMAN STRAIN: Is that the hotel, one of the renderings? This one here? MR. BUMPOUS: This would be the wellness center. CHAIRMAN STRAIN: Okay. Thank you. MR. BUMPOUS: This would be the hotel. CHAIRMAN STRAIN: It's just interesting you said you can't put the doctors in high-end hotels. So this is a low-end hotel? MR. BUMPOUS: It's a moderate hotel. CHAIRMAN STRAIN: It looks pretty nice, so... I can't imagine doctors staying in something that isn't nice. Usually they certainly can afford that, so... Yeah, it's a nice-looking building, okay. COMMISSIONER EBERT: I have a question. Is this a private hotel? Is this yours only? MR. BUMPOUS: It is a privately owned hotel; however, again, to meet AdvaMed requirements, if we were to create an independent private hotel only catering to physicians, that would violate some regulations. So we have to establish it as a public hotel. You will not see this on Expedia. You will not see this on Orbitz. This will not be something that's publicized. This will be a business hotel for our visiting surgeons and visiting employees that come in from Europe, from California, from other locations that would stay there as well. MR. KLATZKOW: So there's no flag on it? MR. BUMPOUS: Correct, no flag. MR. KLATZKOW: Okay. CHAIRMAN STRAIN: Okay. Anybody else have any -- is that the end of your presentation? MR. BUMPOUS: Yes, sir, it is. CHAIRMAN STRAIN: Okay. Anybody else have any questions? Go ahead, Ned. COMMISSIONER FRYER: The structure that is immediately north of Tract 6, I believe that that houses something called NCH Physicians; immediately north of Tract 6. MR. BUMPOUS: Tract 8. Are you referring to Tract 8? COMMISSIONER FRYER: No, 6, I believe. CHAIRMAN STRAIN: Tract 6 is where the hotel is, so the one north of it would be Tract 3. MR. BUMPOUS: Yes, Tract 3. Yes, there's a building there on the corner. That's also owned by Arthrex. It's referred to as the Polaris Center. It was originally a joint venture between, I think, Barron Collier as well as John R. Woods. Arthrex purchased that a few years back, and it has some medical offices in there as well as our own medical facility and general offices for Arthrex. COMMISSIONER FRYER: Okay. Yeah. I now see where I got that off of Google Earth, they have it labeled NCH Creekside, but -- so you own the building -- MR. BUMPOUS: Yes, sir. March 15, 2018 Page 30 of 76 COMMISSIONER FRYER: -- and you have tenants whose leases are expiring or they're somehow being taken care of? MR. BUMPOUS: We actually have a couple of tenants that are currently, if I -- in this location right here, there are two medical buildings currently sitting in that location. Those buildings are slated to be torn down to make way for the hotel and the wellness center. There are two tenants that we've agreed to allow them to move into the Polaris Center, so they'll just be simply moving across the parking lot. And one of those is NCH. COMMISSIONER FRYER: Okay. I had a very helpful conversation with Mr. Yovanovich with respect to an issue that is frequently of concern to me, and that is traffic. Looking at the AUIR, 2017, it looks like there are 55 additional p.m. peak trips available which, of course, on its face, becomes a point of concern. And I'm not asking which one of your presenters will be making the case, but there are a lot of very helpful points that I think should be made a record of to support an argument that this will actually help traffic. And rather than just having had that conversation one on one with Mr. Yovanovich, I hope that a full record will be made of those points. MR. YOVANOVICH: For the record, Rich Yovanovich. I wanted to -- a couple of things that we discussed that Dave highlighted was a lot of the -- you know, the physicians that are coming now, that traffic is already on the road system, and that will now be reduced because they'll be coming straight to the hotel and not having to travel to and from other hotels. Also, we originally -- prior to your time on the Planning Commission, we had revised the PUD to increase square footage for the PUD, and increasing that square footage for the PUD, we entered into a Developer Contribution Agreement to make some roadway improvements to address the current square footage allowed in the PUD. So we've addressed transportation impacts that way, by committing to making some improvements to Goodlette-Frank Road mainly at the intersection past our intersection on Goodlette-Frank Road to make it a four-lane section, increase capacity there. Also, the way we analyzed this hotel is we analyzed it as if it were a public hotel, a real public hotel like a Marriott or a Hilton or whatever from a transportation standpoint. We analyzed it that way, and we actually reduced the square footages in the PUD as if this were a stand-alone hotel open to the public and, therefore, the typical traffic impacts of that type of a hotel. So we reduced square footage in the PUD to offset those impacts so the PUD would be transportation neutral. So you're really looking at this in a worst-case scenario as if it's a public-operated open hotel for the general public when, in reality, it will be operated as a private hotel, essentially, for Arthrex's visitors and guests. So between the improvements we already committed to -- we're making to the transportation system through the DCA, through the fact that we're now going to have our doctors staying on campus versus traveling to and from the campus, the analysis we did to reduce square footage, now we have the wellness center, too, that is a benefit to our -- as Mr. Bumpous pointed out, to the employees in getting them off the roads during the peak and off peak. We think a combination of all of that is really an overall reduction to the transportation system and it, I think, addressed the concerns that have been raised in the past about, you know, what's the real-world traffic impacts versus what's the theoretical approved in the PUD. So those are the conversations we've had, and I wanted to put a little bit more detail on the record, and hopefully that addresses our conversation satisfactorily. COMMISSIONER FRYER: It does. Thank you very much. CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: Rich, how many square feet is this hotel going to be? MR. YOVANOVICH: Well, I know it's going to be 169 rooms. I don't know the actual square footage of the physical structure. Do you, David? I don't think we've designed it to the final it's going to be X square feet. COMMISSIONER EBERT: So you're telling me the 169-room hotel will not be more than 29,900 square feet? March 15, 2018 Page 31 of 76 MR. YOVANOVICH: No, no. That's not how it works. It's the impact of 29,900 square feet of either IC or B uses from a traffic standpoint offsets the traffic from a 169-room hotel, not -- it's not square foot for square foot. CHAIRMAN STRAIN: Anybody else? Joe? (No response.) CHAIRMAN STRAIN: Are you done with your presentation? MR. YOVANOVICH: I do want -- I wanted to put something on the record based upon the conversation we had that you don't remember the other day. I'm a little hurt. CHAIRMAN STRAIN: You know how many things had to happen to have this meeting today, not just with you but the other? It's just been a whirlwind for the last three days, so... Oh, yes. I was going to bring that up but -- okay. I remember I talked to Wayne about it as well. MR. YOVANOVICH: There are two sections of the PUD that address the wellness center, and we wanted -- it's both in Section 3.2 and 4.2, and they're both the same changes, but I can put them both up if you want. After a conversation with Mr. Strain, Mr. Stone, Ms. Ashton and, I think, Mr. Bosi was also in the conversation, we thought it was a better way to clarify the floor area ratio -- or the floor area comment related to, in this case, the IC district of 709,100 square feet; that it's not necessary to reference the LDC because everything is defined as in the LDC. And then also the wellness center, we wanted to clarify that the use was limited to the employees and hotel guests within the PUD; shall not exceed a maximum of 40,000 square feet and shall not be counted towards the overall square footage. The basic intent was, is since this is a use for people who are already coming to the PUD, it really isn't an impact from a transportation and other facility impacts for Comprehensive Plan analysis. When you're making changes, you can't increase the intensity of the PUD, because we were deemed consistent by policy originally for this original PUD. So this, I think, better clarifies that this wellness center really is not impacting roads and other capital infrastructure and, therefore, we're recognizing that there will be a 40,000-square-foot building, but it's part of the 709,100 square feet of IC uses, and also the 269,000 square feet of B uses. So that's what those changes, and it's both in the Section 4.2 -- I'm sorry, 3.2, which is on the screen, and then also in Section 4.2 to make those clarifications. And I think I got that right. Did I get that right, Mr. Stone, based on our conversation? So I think that's all I wanted to add to the record, Mr. Chairman. I think that addresses all the changes that we're making to the PUD. CHAIRMAN STRAIN: Okay. Ned? COMMISSIONER FRYER: One more point of conversation we had, Rich, that deserves, I think, to be a part of the record. Certainly, you know, some physicians will want to go out for the evening and go to Third Street or Fifth Avenue, but they won't have to do so for restaurant needs or other typical needs of people who are traveling that will be covered within this development, correct? MR. YOVANOVICH: And that's true. Arthrex provides meals for their guests and their employees during the week and, obviously, you could walk across the street if you wanted to within the Creekside project. There are a few restaurants that are in the center up there. So, yes, they -- and I'm assuming there will be some that do actually go to either the Fifth Avenue or Third Street or Mercato or wherever, but we make it very convenient for them to not have to leave if they don't want to. COMMISSIONER FRYER: Thank you. MR. ARNOLD: Wayne Arnold, for the record. I just wanted to make sure that we addressed the fact that we've added a notation for a deviation that would apply to the hotel building and to the wellness center. It's the same deviation that was previously approved for the office building that lets staff do an alternative review to make sure that the nuance of the LDC standards can apply to these buildings because they want them to be more of a unified theme for their campus activities. March 15, 2018 Page 32 of 76 And then I wanted to point out that we also added a landscape buffer deviation to allow some existing trees, due to some utility conflicts, to count as our typical landscape buffer for their primary office building tract. I just wanted to make sure I cover those if anybody had any questions. CHAIRMAN STRAIN: Okay. Anybody have any questions? (No response.) CHAIRMAN STRAIN: Okay. Well, let's start on Page 45 -- it's PUD Page 2-15, No. 9. It says -- you're adding "outdoor recreation facilities including, but not limited to, playfields, fitness fields, et cetera." I have no problem with what you're trying to do when you explained it to me, but if you watched the project in front of us today, they had a word that said "recreation" in their PUD, and now we have stadiums. You don't mean stadiums, but someone else could take it that way. So I need that language cleaned up to go to the limitations you're asking for, not to the unlimited standards that could be applied to it by somebody else. Is that a problem? COMMISSIONER FRYER: Mr. Chairman, what page did you say you were on? CHAIRMAN STRAIN: On the PUD Page 2-15. It's 45 page electronically, and it's No. 9. COMMISSIONER FRYER: Forty-five. Thank you. CHAIRMAN STRAIN: And it's the underlined section on No. 9. MR. ARNOLD: Mr. Strain, under No. 9, you and I discussed that it currently reads outdoor recreation facilities including, but not limited to, playfields, fitness trails, et cetera. CHAIRMAN STRAIN: Right. MR. ARNOLD: And I think the clarification you wanted, because of the sports complex that you brought up in our conversation, was to further limit that to areas that are not identified as either IC or B tracts on the PUD master plan. So that would then limit it to various -- CHAIRMAN STRAIN: Yeah. That's a common area, which is minimum in size. MR. ARNOLD: Correct. CHAIRMAN STRAIN: I have no problem with that. MR. ARNOLD: So I would add language that simply said after that "et cetera," could be on areas not designated IC or B on the PUD master plan. CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: So there wouldn't be an "et cetera"? MR. ARNOLD: Probably not. Well, I think -- we don't want to limit it, so maybe we need to -- MR. YOVANOVICH: What if we said "including but not limited" -- yeah, it does say that. We don't need the "et cetera." COMMISSIONER FRYER: Okay. Thank you. MR. YOVANOVICH: You're welcome. CHAIRMAN STRAIN: Okay. If we -- I mean, the next page is the paragraph that's in front of us, and that same language appears under the business District 2, I believe. I haven't got to that page yet, but I believe it's there. So basically we're saying, the IC districts and the B districts you can have wellness centers. You're not intending to do more than one, are you? Because we need to limit it to the one wellness center you want on the south part of Tract 3 as shown on the master plan. So I don't want someone coming back in and saying we can have all these wellness centers and say they all don't count because they're all neutral for whatever reasons they want to conjure up. I fully believe what you're saying. I'm convinced it's going to be neutral. I don't have a problem with this one, but I don't want to go through this with an argument on a hotel on the other side of the street, because it wouldn't even be rational, a size of that nature. So, anyway, would you mind limiting it to this one wellness center on this tract? And if you don't, then that's going to open up a Pandora's box of questions. MR. YOVANOVICH: So that's okay. I'm going to have to open up the Pandora's box because I can't -- first of all, this wellness center is to serve for both Arthrex and the hotel. Hotels can have fitness facilities, and there's no limitation on a hotel and the size of the fitness facility within the hotel provided that the development standards are met within the PUD and we don't exceed the number of rooms, et cetera. So if you have a separate hotel on the east side, they have every right to have a fitness and workout March 15, 2018 Page 33 of 76 facility within that hotel and, frankly, I would expect for them to have their own fitness and wellness facility for their hotel guests. That would be clearly an accessory use to the hotel. This wellness center is not intended to serve if a second hotel is built on the second -- on the east side. And since the people who own the east side of this PUD are not here to say, this will be the only wellness center and it will serve my hotel as well, I can't agree to that condition. CHAIRMAN STRAIN: This is the only wellness center we're talking about today that fits the criteria of being for Arthrex, their hotel and their facilities. You didn't tell me this is going to be for the Barron Collier Group to add more square footage next door. That's a whole different program. A 40,000-square-foot second wellness center to support a hotel. By itself, how do you justify that? MR. YOVANOVICH: Well, first of all, Mr. Strain, hotels in the PUD are recognized by rooms. They don't count towards either the 269,000 square feet, B, or the 709,000 square foot IC. It was higher before we adjusted those numbers. Theoretically, we wouldn't even be here discussing this wellness center if I wanted to play hide the ball and just made this part of the hotel. I could have made it as big as I want. But the reality is, it wasn't going to be just limited to the hotel guests. We were being open and honest in letting people know that this wellness center on the west side of the Creekside PUD was being utilized by employees and guests of Arthrex and the hotel guests. If I'd have just closed my eyes and said this is a wellness center in the hotel, I wouldn't even be here talking about this wellness center, and it wouldn't have counted against the 709,000 square feet. I wouldn't even have had to reduce. CHAIRMAN STRAIN: Then you've got no problem. These sentences that are added are for the benefit of the one that you want for Arthrex, because you're already telling us you believe the other one is use by right. So you don't need this language to apply to it. So I'm asking is, the two sentences that are being added to the IC and the B are for the purposes of what Arthrex wants to accomplish for their campus. That's the whole argument. MR. YOVANOVICH: But the way you phrased it, you made it sound like it also applied to the east side of the street. So if you're telling me it only applies to the west side of the street, I don't have an issue with that. CHAIRMAN STRAIN: It only applies to Arthrex campus. The problem is, you have this same sentence in the IC and the B. You don't need it in both if you're going to do it just on the Arthrex campus. So let's cross the one out you don't need. And the only one -- MR. YOVANOVICH: Which one don't I need? CHAIRMAN STRAIN: -- that this sentence applies for is for the use by Arthrex. MR. YOVANOVICH: I do need it in both. CHAIRMAN STRAIN: Well, that's what the problem is. You want -- if you don't need it on both, because you just testified that you already have the ability to put it on the east side. So why do you need this language to apply to the east side? MR. YOVANOVICH: What I'm saying, Mr. Strain, it's both in the IC and the B because it straddles 6 and 3. CHAIRMAN STRAIN: You're going to fill the street in? MR. YOVANOVICH: That's not a street. There's no street there today. CHAIRMAN STRAIN: Well, it shows on the master plan -- MR. YOVANOVICH: There's no street. CHAIRMAN STRAIN: So you're going to take that street out and you're going to go across that roadway with it? MR. YOVANOVICH: Yeah. CHAIRMAN STRAIN: Okay. Well, then -- MR. YOVANOVICH: So that's why it's in both. CHAIRMAN STRAIN: Okay. Well, then, we don't have an issue with adding language to both IC and B that says this sentence pertains to the Arthrex campus uses, do we? MR. YOVANOVICH: No. It already says employees of the PUD and -- March 15, 2018 Page 34 of 76 CHAIRMAN STRAIN: Okay. Then we'll add that language. MR. YOVANOVICH: -- guests of the hotel. It's already in there. CHAIRMAN STRAIN: What I'm saying is, your argument about the hotel somewhere else on this property needing a wellness center is moot because you're saying you got that by right. So you don't need this sentence to apply to it. MR. YOVANOVICH: I just wanted to make sure the way I heard you say it is this was going to be the only wellness center in the entire PUD. That's what I -- CHAIRMAN STRAIN: For purposes of this sentence. MR. YOVANOVICH: And I don't have a problem with that, but the way you phrased it, it could have been interpreted to mean a wellness center on the east side. That's all I'm saying. CHAIRMAN STRAIN: This sentence needs to be clarified for the purposes as Arthrex needs to use it as we talked about today. So however you want to word that. And your rights to do one of these on -- wherever else you want it, that's your issue. You can argue that point when you come in for a permit for it. Joe? COMMISSIONER SCHMITT: Just to make sure, Rich, this is not a commercial facility. MR. YOVANOVICH: Correct. COMMISSIONER SCHMITT: It is strictly a private facility for the employees and the hotel guests. MR. YOVANOVICH: Correct. COMMISSIONER SCHMITT: It's not Gold's Gym or California Gym or whatever else you want to call it where you can have outside members. MR. YOVANOVICH: Right. That's correct. CHAIRMAN STRAIN: Hotels have outside members. MR. YOVANOVICH: And, Mr. Strain, I'm fine with that. But what it says -- COMMISSIONER SCHMITT: Hotel guests can be there, though. CHAIRMAN STRAIN: Right. But hotel guests and hotels do allow outside members. You can go join the one over at Tiburon or someplace like that, so... COMMISSIONER SCHMITT: That's what I'm asking. Are you going to -- is this going to be open for non -- MR. YOVANOVICH: You can't come. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: Okay? I can't go. COMMISSIONER SCHMITT: I feel slighted now. MR. YOVANOVICH: I do, too, and I drive by every day. Now, Mr. Strain, I'm not arguing with you, but I thought that's what it said when it says "wellness centers limited to employees and hotel guests within the PUD." If there's another word you want to add, tell me what other words you want to add. CHAIRMAN STRAIN: Employee -- MR. YOVANOVICH: I thought it was there. CHAIRMAN STRAIN: Okay. No, I don't believe -- because you've got it in both districts -- you're already indicating there's two hotels, 180-room on the other side, 160-room on this side. You already have -- you believe you already have a right without having to count it, for the one next door on the east side. And all I'm saying is this sentence, because of its rights that it's doing by not counting to the square footage, is only for the benefit, as described in here, for the west side of the property. MR. YOVANOVICH: Okay. So tell me the words you want, and we'll -- CHAIRMAN STRAIN: I just told them to you. And Wayne can craft them up for consent, so... MR. YOVANOVICH: Are we coming back? CHAIRMAN STRAIN: Well, unless you can come up with the language. I'm not going to sit here and craft your language for you. I'm telling you what my concern is. If you want to address it, you guys come back with some language. You can do it today still, I don't care. While we're going through the rest -- March 15, 2018 Page 35 of 76 MR. YOVANOVICH: Why don't we say "wellness centers limited to employees and guests within the west side of the PUD." CHAIRMAN STRAIN: That will work. MR. YOVANOVICH: West of Goodlette-Frank Road, how about that? West of Goodlette-Frank Road. CHAIRMAN STRAIN: That will work. COMMISSIONER FRYER: Presumably, each of the two hotels would have fitness centers which, when I think of that term, I think of maybe one or two adjacent hotel rooms that have had some gym equipment put in there versus a wellness center, which is a lot more than that. MR. YOVANOVICH: I don't -- you know, it can vary. It could be as small as that. Maybe it will have five or six ellipticals or something. You don't know what they're going to build -- I don't know what they're going to build on the east side. CHAIRMAN STRAIN: Forty thousand square feet? MR. YOVANOVICH: Mr. Strain, I'm not fighting with you. The wellness center is a separate building. CHAIRMAN STRAIN: That's the big differential here. This is a stand-alone large building. MR. YOVANOVICH: I got it. I got it. And I thought the language we just did works for that. I don't know, Mr. Fryer, what could happen. COMMISSIONER FRYER: I didn't mean to reopen that. I just wanted clarification. MR. YOVANOVICH: I understand. I don't know what they're planning on the east side as far as the hotel. COMMISSIONER FRYER: Okay. CHAIRMAN STRAIN: Okay. From my read of this, the rooms are capped on each side. You've got 169 on the west side and 180 on the east side; is that your reading of it, too? MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. Under -- and this is -- I've got to go back and see where this falls. Under the -- continuing on the IC use, and it looks like it's our electronic Page 49. Under permitted accessory uses it's PUD Page 3-5 all the way to the bottom, C1. Uses and structures that are accessory and incidental to the uses permitted in this district. Then you added this new language: "Including indoor and outdoor recreational facilities including, but not limited to, physical fitness facilities, playfields, fitness trail, et cetera. What was your mindset in adding that language? What were you trying to accomplish by it? I mean, you've got your wellness center separately stated. It's not defined as either an accessory or principal. It's basically a use on the site, and it's not going to have it's counting because it's capture. So, Wayne, what was your thinking here? MR. ARNOLD: Wayne Arnold. Mr. Strain, when we discussed this briefly, I think the issue was the reference to the physical fitness facilities because we're already taking care of them on the other sentence that's before you, I think, was the conversation we had. CHAIRMAN STRAIN: So you're saying we don't need the new underline in this particular one? MR. ARNOLD: Well, I think what we wanted to be clear on as well -- and maybe the physical fitness facility could be dropped, but I think we want to make sure that Arthrex can have other outdoor recreational opportunities that would meander across their campus, and they would be on tracts. For instance, the outdoor recreation that we talked about not being located on the IC or B tracts, that could include some of their playfields and outdoor recreation space for Arthrex campus. Those same fitness trails may meander onto their campus and be part of their fitness complex, so we wanted to make sure, as an accessory to their use, they could also have outdoor recreational opportunities. MR. YOVANOVICH: Could I make a suggestion? CHAIRMAN STRAIN: Yeah. MR. YOVANOVICH: And I hate to go backwards. The different campus plans that I've seen, I don't know that we know for an absolute fact that a playfield or a recreational space may not also overlap March 15, 2018 Page 36 of 76 onto one of those firm hard lines that is an IC tract or a B tract. I think your concern is you want to prohibit stadiums and outdoor lighted playing fields. CHAIRMAN STRAIN: Well, and the noise and the traffic and everything else generated from an attractive -- an issue like that that wasn't originally, I think, intended for the PUD. That's all. MR. YOVANOVICH: So if we can -- I'd rather, when we go back and say the general permitted uses, "exclude stadiums and lighted playing fields" -- there will be lights? Okay. There won't be your normal stadium lighting that you would have at a county park, you know, related to that. There will be lights that, I'm sure, will be safety-related lights so you can see but not for you to go play softball at 11 o'clock in the evening. So I think the better way to handle it is to put the prohibitions you're concerned about, because I don't think we want to run the risk that, you know, where people are playing soccer may spill out on something that's like Tract 5. And if I knew how to get over to what I could see on the screen. Do you know how to switch over to the master plan? How do I switch over to the master plan? There we go. My concern is, if you look at Tract 5, for instance, it's right next to an area that's common area; do you understand what I'm saying? I'm a little concerned that the playfield, if there's a playfield here in this area, may still spill over onto Tract 5. And if we take out this language we're talking about, accessory uses, I'd have a code violation if I spilled over into that area, and I don't think that's your concern. Your concern was, am I going to have a stadium or lighted field. So can we -- CHAIRMAN STRAIN: Yes. MR. YOVANOVICH: -- address it that way? CHAIRMAN STRAIN: Yes. I mean, my only concern is not to open up Pandora's box for another possible Braves stadium this close to residential communities, and that's what I want to make sure we've not indicated. MR. YOVANOVICH: If we can come up with language, and hopefully you could trust us to make sure we can get it right without having to come back for a hearing -- CHAIRMAN STRAIN: We'll see. Let's see when we get through the rest of it. MR. YOVANOVICH: I'd like to go back into that 2-15, No. 9 where it said outdoor rec facilities, change Wayne's language to prohibit stadiums, prohibit, you know, typical recreation lighting versus -- we won't prohibit lighting, but we won't have your typical ballfield lighting. CHAIRMAN STRAIN: And you might also put hours of operation, if you know what those are. Something like that would help dispel it. If you don't, that's not critical. More critical, just not the stadiums and then -- MR. YOVANOVICH: Okay. So we'll absolutely prohibit stadiums in 9, and then on these general permitted uses, I mean, sorry, accessory uses, we'll make it clear, no stadiums are allowed as an accessory use to any of the other uses that we're allowed to do in the PUD. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: I think that works better than trying to be firm on those lines. CHAIRMAN STRAIN: We need to -- well, you understand where we're trying to go, so when we get to discussion, we'll figure out how to craft some language to make sure it comes out right. MR. YOVANOVICH: Okay. CHAIRMAN STRAIN: I'm just checking the rest of the questions I had and made sure there's no others at this point. MR. YOVANOVICH: And we'll also deal with that on Page 4-4 in the B district. CHAIRMAN STRAIN: Okay. The changes we make under the IC district's language for the wellness center we have to make under the -- you're going to make the same ones under the B section as well. MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. And the changes you're going to make under the IC for C1, you make the same ones under the C1 for the B section. MR. YOVANOVICH: Right. CHAIRMAN STRAIN: And then that gets us through it. The only thing I had asked when I met March 15, 2018 Page 37 of 76 with you-all, or not you, but when I talked to the others in the meeting was to have an acknowledgment from your traffic engineer that the way that you're going to put this wellness center in at the 40,000 square feet is, in fact, considered traffic neutral. Were you able to get that? MR. YOVANOVICH: I was able to talk to him and have him verify that, yes. CHAIRMAN STRAIN: Okay. As long as he verified it. And I'll ask from Mike's -- Mike Bosi, from your perspective, I know we have talked about it. Are you comfortable with that from a Comprehensive Planning perspective? Because it's Comprehensive Planning that's driving that issue. MR. BOSI: Mike Bosi, Planning and Zoning director. And, yes, we've had a discussion with the Chair and internally, and we recognize that this is primarily served as an amenity for the members that are already on campus and, therefore, a net neutral traffic impact would be expected; therefore, it doesn't provide for any inconsistencies with the way that we calculate the public facilities impact analysis. CHAIRMAN STRAIN: Okay. Thank you. Anybody else have any questions of the applicant? (No response.) CHAIRMAN STRAIN: Nancy, what's the situation with staff? MS. GUNDLACH: Good morning, Commissioners. Staff is -- as this petition is consistent with the Land Development Code and the Growth Management Plan, staff is recommending approval and, of course, subject to today's revisions. CHAIRMAN STRAIN: Okay. Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: With that, are there any registered public speakers, Ray? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Is there anyone here who would like to speak on this topic? (No response.) CHAIRMAN STRAIN: Okay. And that takes us to a wrap-up then, Wayne. As far as the issues, we're going to tighten the language up on the paragraph to make sure the wellness center that's being discussed in that paragraph is the one on the west side of the property, for the west side, as we've discussed. Now -- MR. ARNOLD: Correct. CHAIRMAN STRAIN: Now, I'm going to have to talk to the Planning Commission when we get into discussion how this -- it either comes back on consent, or if they want to leave it up to me to review it as you change, and we can just go from there. I'll make sure it's the way we're talking about. The other one -- other issue we have is clarify the outdoor rec use limitations, which is the stadium issue. And then the statement of traffic neutrality. I still need to see that from your traffic engineer, but I would suggest you need it in time -- we'll just stipulate that that ought to go to the Board of County Commissioners as part of your package and it goes to them. And that would take care of the issues I think we have from today. Anybody else? (No response.) CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: I just have a question. You closed Creekside Boulevard. What are you putting there? There's -- that's not where the facility is going to be? I mean -- MR. ARNOLD: The closure for Creekside was due to the fact they were trying to make sure this one cohesive campus and not have the public roadway bisecting their campus, so this became an opportunity to make it a pedestrian-friendly campus by rerouting the traffic to the north around the campus. So the facilities that may go there could be some green space, could be walking paths, et cetera, but it's not going to be the public road. That road has been vacated. COMMISSIONER EBERT: No, I know that. Okay. I was just wondering because you've got 60 feet or whatever, and that's quite a bit extra. MR. ARNOLD: It is, but the outdoor recreational facilities that we're talking about are really for March 15, 2018 Page 38 of 76 there to be some athletic fields, trails, fitness facilities that are outdoor for the Arthrex employees. They would like to utilize part of the FP&L easement, for instance. There may be an opportunity to put a box culvert over part of the canal that's there to make that more of a pedestrian pathway or something that can function as part of their overall campus. COMMISSIONER EBERT: Thank you. CHAIRMAN STRAIN: Okay. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: I have a motion, if it would be appropriate. CHAIRMAN STRAIN: Well, first, I think -- I want to know what do you-all feel about a consent hearing? COMMISSIONER FRYER: That's my motion. CHAIRMAN STRAIN: To have consent? COMMISSIONER FRYER: No, to obviate the need for -- CHAIRMAN STRAIN: Go ahead, then. COMMISSIONER FRYER: I move that we repose this matter in the hands of our Chairman, and if the Chairman is satisfied that his changes measure up to what was discussed today, that we accept that. CHAIRMAN STRAIN: So the motion is approve subject to that? COMMISSIONER FRYER: Yes. COMMISSIONER SCHMITT: Also, if I could have you add to that motion subject to the changes we discussed today. COMMISSIONER FRYER: Yes. COMMISSIONER SCHMITT: Motion for approval subject to the -- and we can go through the paragraphs, but subject to the changes we discussed today. COMMISSIONER FRYER: That would be a substantive motion then, and that's fine. CHAIRMAN STRAIN: Okay. Then both of you are in agreement on that. COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Well, that's -- he seconded his. So any further discussion? (No response.) CHAIRMAN STRAIN: All those (sic) signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Please get the information in time before the board meeting so I have a chance to review it, Wayne. That's all I ask. MR. ARNOLD: I'll have it for you no later than tomorrow. COMMISSIONER SCHMITT: We'll have it by noon today. MR. ARNOLD: That may be a challenge. I'm here for the next item, but we'll do our best. COMMISSIONER HOMIAK: Highlighted in what color? I don't have highlighted. CHAIRMAN STRAIN: Yeah, highlighted in shades. ***Okay. The next item up, and we'll start this. We may not finish it before lunch. We'll just have to see how it goes. It's 9D. It's PUDA-PL20170001345. It's the Marco Shores golf course community planned unit PUD. It's located near the Marco Island Executive Airport. March 15, 2018 Page 39 of 76 All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Disclosures? We'll start with Tom. MR. EASTMAN: None. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: I talked to a couple of nice people out in the hall during break. CHAIRMAN STRAIN: Okay. Ned? COMMISSIONER FRYER: I'm sorry. I was distracted. Is this Marco Shores? CHAIRMAN STRAIN: This is the Marco Shores, yes, sir. COMMISSIONER FRYER: I've not had any discussions on this. CHAIRMAN STRAIN: Okay. Diane? COMMISSIONER EBERT: Yes. I spoke with Nicole Johnson, and I spoke with the airport authority. CHAIRMAN STRAIN: Okay. And I have had meetings with staff, I talked to Wayne on the phone, I think, yesterday, I also talked to the Conservancy yesterday as well. And I believe they're here somewhere today. Yes, Alison's here. Okay. Karen? COMMISSIONER HOMAIK: I spoke to Mr. Arnold. CHAIRMAN STRAIN: Okay. Joe? COMMISSIONER SCHMITT: I spoke to Mr. Arnold about it. CHAIRMAN STRAIN: Patrick. COMMISSIONER DEARBORN: None. COMMISSIONER FRYER: Correction from me. I'm sorry. I spoke with Mr. Arnold. CHAIRMAN STRAIN: Okay. Wayne, it's all yours. MR. ARNOLD: Thank you. Wayne Arnold from Grady Minor. I'm here representing the applicant, Al Moscato. The property owner's present, as is Jim Bank, our traffic engineer that worked on the project. Before you is an amendment to the Marco Shores Country Club to -- the basic addition is to add provisions for senior housing on what we're calling Tract 2A of the PUD. On the aerial photograph I have the subject property highlighted. It's just a little over five acres, and it's located north of the golf course tract and just west of the Marco Island utility tract. It's currently a residential tract and has deeded rights to 100 multifamily units on the PUD. And Mr. Moscato purchased that from WCI Communities. And your last amendment that you heard as Planning Commission severed the airport, excuse me, out of the property, and so it's no longer part of the PUD. But our interest was in obtaining senior housing/group housing rights for Tract 2A that Mr. Moscato owns. There's been interest by senior housing providers in that area. And we carried forward the development standards for the multifamily that was previously approved, and we've added standards for the senior housing. We've also made provisions for changing the building heights. It was previously expressed as three stories, and we're trying to make this clear that it could be four stories over parking. We added a zoned height of 58 feet and actual height of 72 feet. I've spoken with the airport folks, and there doesn't seem to be any concern with those heights. We have three towers that have been built within the same PUD that exceed 200 feet. So those are the minor changes. I saw the Conservancy's early correspondence related to this, and I also had the correspondence that was received yesterday or the day before, I forget. But this property and the entire PUD was part of the overall Deltona Settlement Agreement as was parts of Isles of Capri, Fiddler's Creek, et cetera. So there are limitations for mangrove trimming and structures that could be built out into the bay, et cetera. We're well aware of those and intend to respect the settlement agreement as encouraged by the Conservancy. I would say that with regard to the senior housing use, we're traffic neutral. The 100 multifamily units equated to the 240 units of senior housing. That's how we arrived at that number so our p.m. peak-hour March 15, 2018 Page 40 of 76 trip could be a neutral number. Of course, the project is served by a traffic signalized intersection at Collier Boulevard and Mainsail Drive. We think it's compatible. There are no immediate neighbors here that are residential in nature. And that's my short presentation. I'm happy to answer any questions. CHAIRMAN STRAIN: Okay. Questions from the Planning Commission? Joe and then Ned. COMMISSIONER SCHMITT: I have a question, but it's directed towards staff, and I'll wait until staff gives its presentation, because I have an issue -- question about the one-time contribution concerning -- I guess it was a requirement from emergency management, but I'll wait to discuss that with staff. CHAIRMAN STRAIN: Okay. Ned? COMMISSIONER FRYER: The conversation that I initially forgot I had with Mr. Arnold was, once again, about traffic. And looking at the 2017 AUIR, Collier Boulevard, between Walmart and Manatee, is scheduled to go deficient in 2020 with 94 more peak p.m. trips. And, Wayne, I'll ask you to say again what you told me when we were on the phone. MR. ARNOLD: I'll do one better than that. I'll let Jim Banks, our traffic engineer, address specifically your concern. I mean, I know in his traffic analysis we are traffic neutral. But let him explain how, from a zoning perspective, we utilized the trips that are in the network. COMMISSIONER FRYER: Okay. Mr. Banks, may I begin by asking how many additional trips will actually be generated by the project? MR. BANKS: The project is expected to generate 60 p.m. peak hour two-way trips and 32 p.m. peak hour -- peak direction trips. And the reason I want to distinguish is because you were mentioning 94 trips remaining capacity. That is one direction. So when we're looking at our one direction of our peak trips, it's 32. COMMISSIONER FRYER: Okay. Thank you. That pretty much answers my question. CHAIRMAN STRAIN: Okay. Thank you. Anybody else have any questions of the applicant? Stan? COMMISSIONER CHRZANOWSKI: Yeah, just one. The people that talked to me out in the hallway mentioned that your neighborhood information meeting was held at the Marco Island Library one week after Hurricane Irma forced everybody to evacuate. They thought that was kind of unfair. Was there any other meetings held? MR. ARNOLD: No. That was our required neighborhood information meeting. And, obviously, I couldn't control the fact we had a natural disaster the week before. But these meetings are scheduled well in advance. CHAIRMAN STRAIN: Did you have power? MR. ARNOLD: We had power. CHAIRMAN STRAIN: Really? MR. ARNOLD: Yes. CHAIRMAN STRAIN: One week after? You're ahead of most people. MR. ARNOLD: I personally didn't, but the library did on Marco Island. CHAIRMAN STRAIN: Amazing. Especially Marco. That got hit the hardest. Anything else, Stan? COMMISSIONER CHRZANOWSKI: No, it just seemed like maybe they should have had a second meeting. CHAIRMAN STRAIN: Well, it's -- I mean, there's some residents here. Let's move through the questions and see where it goes and see what comes out of it, so... COMMISSIONER CHRZANOWSKI: I was without power over a week. COMMISSIONER SCHMITT: That should have been something directed by staff if they felt it did not comply. It technically met the requirements. Staff, frankly, should have directed it. MR. ARNOLD: Keep in mind, if I might, that there are mail notices of those meetings. There are phone numbers attached to those. There's an email address. I mean, there's any number of ways that people could reach out to us if they had questions or concerns, and it's not uncommon for other projects that we don't have large attendance. I mean -- COMMISSIONER CHRZANOWSKI: I know that. I'm just trying to remember what I was like one March 15, 2018 Page 41 of 76 week after Irma hit, and I would not have wanted to go to a meeting. MR. ARNOLD: But we did have two residents that happened to live in this project that did attend. COMMISSIONER CHRZANOWSKI: Okay. Thank you. CHAIRMAN STRAIN: You did indicate to those two residents that the housing will not include residents having substance-abuse issues or who are developmentally disabled. Do you mind that as a stipulation then? MR. ARNOLD: I don't think we have any issue adding that as a stipulation. CHAIRMAN STRAIN: You also said emergency management has met with the applicant and expressed its concerns regarding the possibility of senior housing having to evacuate due to the high likelihood of storm surge inundation. The developer indicated that they will build in an elevated fashion to be more surge and flood resilient. What did you mean by that? MR. ARNOLD: There are new standards under the county and FEMA requirements that we have to elevate above FEMA by a foot, plus our applicant likely will develop on the site, given its size, underbuilding parking which is going to naturally elevate it. And in our conversations with Dan Summers, that was discussed. And his issue was more related to making sure he could accommodate any evacuees. And, certainly, we'll make the mitigation payment, as he requested. CHAIRMAN STRAIN: So by that statement, you really didn't mean you're going to do anything more than code requires. MR. ARNOLD: No. COMMISSIONER CHRZANOWSKI: But there are new rules about generators and emergency and all that. CHAIRMAN STRAIN: We're going to get to that. Yes, there are. And, yes, when we get into the PUD, we need to talk about some of the language that needs to be used to do that. And now we're getting -- since we are, let's move right into the PUD, and it's your Section 4, multifamily. It's electronic version Page 16. It's Exhibit A in our document. There's page 1 of 4. On the uses permitted, 4.07.01 -- and when I talked to you, Wayne, I think I mentioned to you I've got to read this one -- I had to read this one last night because it was one of the -- I couldn't get to it all because of the other projects. Under uses permitted you start that paragraph out, it says, "Residential and group housing uses may not be jointly developed." A group housing use is a residential use. And I'm just wondering if that -- MR. ARNOLD: It's our intent -- and I think staff would tell you group housing is more of a community facility use, not a residential use, which is how we've tried to distinguish those. And if there's a better way to express it -- our intent was not to have conventional residential and the group housing blended on this site. It's going to be one or the other. CHAIRMAN STRAIN: Okay. Then when you get into the No. 3 where you added "group housing for seniors, including assisted living," and yada, yada, yada, and then you get to not to exceed 242 total units/beds of group housing. How big are these rooms? MR. ARNOLD: There's no minimum size expressed, because they vary wildly. CHAIRMAN STRAIN: Well, I know there's no minimum, but what are you thinking -- what's the -- you make it -- are you going to put someone in a 4-by-4-square-foot hole? MR. ARNOLD: No, but -- CHAIRMAN STRAIN: Okay. What's the minimum size you think you could practically build by state regulations? MR. ARNOLD: Mr. Strain, I don't think I've ever worked on a group housing project where I've expressed a minimum size, because they vary all -- CHAIRMAN STRAIN: I'm not asking you to, Wayne. I just wanted to know what you thought the minimum size would be. Here's why. You've got an FAR of .45. If you use the FAR available on those sites, you come up with 249 times .45. You end up with 109,000 square feet. You divide that 240 units, and each unit is going to be 454 square feet, but you've still got common areas and all the other things you're going to have. So I'm just wondering how small these units are going to be to get the FAR you'd need for that property. March 15, 2018 Page 42 of 76 MR. ARNOLD: I would say that depending on the type of care that ends up being provided for memory care facilities, for instance, Mr. Strain, many times those are bedroom-size units that one person is housed in in a bed because they don't have the same need as somebody who's living in a 55-and-over independent facility. CHAIRMAN STRAIN: Okay. Is it fair to say, since you didn't ask for a deviation from the .45 FAR, you are going to meet that .45 FAR required for the grouping -- group housing on No. 3? MR. ARNOLD: Yes, sir. CHAIRMAN STRAIN: Okay. That will resolve it then. And I don't know -- we went -- instead of using the group -- the .45, it's not in there. I don't know if we typically include that as a reference in the use, Ray, or not, but I was just trying to figure out how they're going to build that many units and still hit that FAR. But if they can, that still meets code. MR. BELLOWS: For the record, Ray Bellows. The LDC has the standard under group housing, and it is 0.45. So they would be subject to it unless they asked for a deviation as part of the PUD amendment. CHAIRMAN STRAIN: Okay. Under the principal uses, you've got the boardwalks, viewing stands, and docks, nature trails. Now, you know about the concerns with the settlement agreement, and I know you're familiar with it. You know I am. What were you intending by that principal use? I mean, was it -- do you know? Just out of -- MR. ARNOLD: There was no specific intent with it other than to make sure we could have sort of opportunities to enjoy the water views that are there. CHAIRMAN STRAIN: Because you couldn't put a dock in past the settlement agreement line without getting the signators of that settlement agreement to sign off on it. MR. ARNOLD: There are numerous regulations and standards in that settlement agreement, and we know we're subject to those. CHAIRMAN STRAIN: Okay. Diane? COMMISSIONER EBERT: Can you just take the dock out? MR. ARNOLD: I mean, I would prefer to leave it, because I believe there may be an opportunity to have a dock on the project and still meet the settlement agreement terms. CHAIRMAN STRAIN: Well, as long as -- yeah, there's terms. I mean, I know of -- you guys should go back to the seven or nine signatories and show them what your alternative plan is, and they either sign off or they don't. COMMISSIONER SCHMITT: I'm very familiar with the settlement agreement as well, and it will be a challenge. But the language can stay in. Good luck on getting it approved. CHAIRMAN STRAIN: Under your -- go ahead, Diane. COMMISSIONER EBERT: The other thing is, when I -- when I spoke with the airport authority, they said that the owner did not want to mention that there's an airport within a thousand feet. I feel that that really should be on there, that people should -- I mean, I don't know whether they're coming from out of town or what, but I think they should know that there -- MR. ARNOLD: We had that conversation, but there's -- if you look at the existing PUD, there's no mention of it. It seems a little unfair to single out a four-and-a-half-acre parcel and tell them that they have to notify people but nobody else in the PUD that allows 1,580 units does. That was our thought. COMMISSIONER EBERT: That was your thought on that? MR. ARNOLD: Yep. COMMISSIONER SCHMITT: Typically, you would be required to do that if they were in the cone of -- departure cone of entry for the flight path, but this is not in the flight path. COMMISSIONER EBERT: Okay. MR. ARNOLD: Thank you. CHAIRMAN STRAIN: Under your Part B on that same page, it says "customary permitted accessory uses," then it says, "customary accessory uses and structures including parking structures." Are you going to put a parking garage there, or is that what you're insinuating by that or -- MR. ARNOLD: No. I think that was to make sure that it was understood that we could have March 15, 2018 Page 43 of 76 underbuilding parking. CHAIRMAN STRAIN: Can we just say "including underbuilding parking"? MR. ARNOLD: Fine. CHAIRMAN STRAIN: Under 4.07.03 on the following page, you have "minimum yards multifamily/group housing." And since you're differentiating the group housing from residential structures, what does B refer to? MR. ARNOLD: The statement that says "setbacks from edge of pavement of public roadways"? CHAIRMAN STRAIN: Yeah. It says, "30 feet for residential structures," but I think you indicated group housing isn't -- you're trying to differentiate that from residential. But the group housing would still have the same 30-foot setback, right? MR. ARNOLD: We expressed that in Item C, Mr. Strain, that says "setbacks from the right-of-way for group housing would be 25 feet." CHAIRMAN STRAIN: Okay. And under 4.07.07 you have the off-street parking issue. I know that used to say, I think, 1.5. Now it's 2. That's what the code requires? MR. ARNOLD: Yes. CHAIRMAN STRAIN: So just -- why did you feel you had to state it? So -- MR. ARNOLD: The off-street parking section was in the prior multifamily section, so we just carried forward all those categories, except for the group housing. CHAIRMAN STRAIN: 4.07.09, the generator, A. You talk about enough fuel supply for seven days, but the generator -- we need language to indicate the generator must be sized to operate the air-conditioning units and be placed above the floodplain levels as well. COMMISSIONER SCHMITT: That would be required by code, would it not? CHAIRMAN STRAIN: I'm not sure. I just don't know. I just wanted to make sure that we didn't -- I hate to see the thing flooded out. MR. ARNOLD: Maybe after the reference where the sentence ends at seven days it would say, "to operate the air-conditioning unit for the facility and must be placed above minimum flood elevation." COMMISSIONER FRYER: Not just the air-conditioner. CHAIRMAN STRAIN: No. Just capable of operating the air-conditioning units. Then whatever else the state's dictated in the rules they've got, but you're going to have to do more than just that. I mean, lighting and things like that would automatically be included. COMMISSIONER SCHMITT: Is natural gas available down in that area? I know there is in Fiddler's Creek. But, no, not in that area? MR. ARNOLD: I'm not aware of it. CHAIRMAN STRAIN: And -- COMMISSIONER SCHMITT: I have a question on the next sentence, and then I'll -- CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHMITT: -- ask it now. Tell me how you came about this developer commitment, under what authority, who dictated it, how did they justify it. Because to me, it appears more of an exaction than it is a -- there's nothing that I know of in the code that requires this. I fully understand it's in the coastal high hazard area. I fully understand the requirements are -- that may fall upon you as far as evacuating personnel. But why 50? Why not 350? Why not 4,550? I mean, who made the determination? Where'd it come from? Under what justification and what authority? MR. ARNOLD: Staff has been including Dan Summers from emergency management -- COMMISSIONER SCHMITT: Is he here today to talk about this? MR. ARNOLD: I don't see him in the audience, but had several conversations with him. But in his review he commented that, you know, we just had Hurricane Irma. This is in coastal high hazard, you know, gee, it really would be nice if you do some other things like -- the emergency generator grew out of that, and he said, mitigation for certain things for evacuees. And we started talking about it, and he said, go take a look at Hacienda Lakes and, on a proportionate basis, you know, they looked at this issue. So I came up with some calculations, and it came up with a dollar amount that was a few thousand March 15, 2018 Page 44 of 76 dollars. And our client said, there really is no statutory requirement to do this but, you know what, it's such a minimum amount of money, I'm willing to do it because we want to be -- COMMISSIONER SCHMITT: And where are these cots going? MR. ARNOLD: They would be donated to the county, and the county would then utilize them at their shelters. COMMISSIONER SCHMITT: Again, it's -- why don't we require that of every building permit in the coastal high hazard area then? (Multiple speakers speaking.) COMMISSIONER SCHMITT: I know you can't answer that. I'm looking for staff to answer that. CHAIRMAN STRAIN: Well, Mike's coming up. COMMISSIONER SCHMITT: I mean, is this something that was just invented? COMMISSIONER EBERT: No. MR. BOSI: Mike Bosi, Planning and Zoning director. No, not invented. As we have said, Hacienda Lakes, which was a 2010 approval, had a similar contribution. If you look at the CCME, Goal No. 12 is to make every reasonable effort to ensure the public safety, health, and welfare of people and property from the effects of hurricane storm damage are protected. That's the overarching policy. Within -- or overarching objective. Within goals and policies of the CCME, it does talk about if warranted by the results of hurricane evacuation, the studies that are periodically conducted by the State of Florida and federal authorities, further restrictions of development may be proposed. Also 12.2.1 says, the hazard mitigation section of Collier County comprehensive emergency management plans shall continue to be received and updated every four years beginning in 2005. The periodic update of the CMP shall include a review and update as necessary related to county evacuating and sheltering proceedings. There are provisions within the CCME that relates to emergency management and how we shelter, and the overarching goal -- or the overarching goals with specific policies would suggest that is not an unreasonable exaction because it could be tied to a policy or goal within your Growth Management Plan. COMMISSIONER SCHMITT: Mike, I fully understand. What -- but why not the requirement to create a facility on site to house in case of an evacuation? Are we now creating -- MR. BOSI: Policy 12.1.14, all new nursing homes and assisted living facilities that are licensed shall have core area to shelter residents and staff on site. The core area will be constructed to meet public shelter design criteria that are required for new public schools and public community colleges and universities. CHAIRMAN STRAIN: Slow down a little bit. MR. BOSI: Additionally, this area shall be capable of ventilation or air-conditioning provided by backup generator for a period of no less than 72 hours. So that's a specific policy that's within the CC -- COMMISSIONER SCHMITT: That will be required as part of the construction of this building. MR. BOSI: Yes. COMMISSIONER SCHMITT: But we're still requiring them to provide 50 -- it's a small amount, and I realize the developer's just saying, I give up. Here's your 50 cots. Thank you very much. Don't bother me again. But I'm still having a difficult time understanding why we require this person to do it and not the person who's building the high-rise or the multifamily unit or whomever else. MR. BOSI: I think all development that's being proposed within a PUD or PUD amendment or a rezoning will be -- that's in the -- that's in the coastal high hazards area is routed to emergency management, and they've been consistently asking for these type of improvements when we've had these issues. COMMISSIONER SCHMITT: Then make it an impact fee. Then everybody pays it. I'm just saying, this is just, to me, an exaction that the developer is saying, I give up. Here's your 50 cots. MR. BOSI: Understood. I understand the perspective. CHAIRMAN STRAIN: And I think when we -- years ago we asked that emergency services take a look at -- COMMISSIONER SCHMITT: They review everything. March 15, 2018 Page 45 of 76 CHAIRMAN STRAIN: -- this review, and they never responded much before. My hope was that they would look at and suggest ways to harden the facility or something that is attributed to that facility, not use that opportunity to have an extraction for something just unregulated, basically. Fifty cots, they could go up to the north end of town. They would have no -- little benefit here. I was hoping they would tie it to a benefit that would be attributed to the site itself. It doesn't seem like that's happening with any of them I've seen so far, so... MR. BOSI: It would suggest to me that coordination with Dan Summers and his team and maybe a presentation or a discussion item at a future board meeting, say, in the summertime right prior to hurricane season might be appropriate with the Planning Commission so your perspective could be shared with the bureau and their perspective, I think, could be articulated as well. And I'm sure that an agreement or at least an understanding could better be established as we move forward. CHAIRMAN STRAIN: No, I think that would be a good idea. COMMISSIONER SCHMITT: My concern is that we build the site; it doesn't become a burden on Dan. The site itself sustain and can support the staff that it has, and then if there's an evacuation, unless there's going to be a significant threat as far as storm surge or whatever, that they could support the people that are on site. And that is the type of payment or that's the type of requirement it should be, not just simply giving 50 cots. COMMISSIONER EBERT: Yeah. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHMITT: Okay. I think I beat it to death. MR. KLATZKOW: No, you didn't. You're right. You're right. You're 100 percent right, and I think the Planning Commission may want to consider asking Mr. Summers to appear before it and explain the rationale and maybe codify it. CHAIRMAN STRAIN: As soon as we get -- yeah. COMMISSIONER SCHMITT: I will make that request then. CHAIRMAN STRAIN: Staff -- yeah, Mike will have to put it through, and we'll get it scheduled sometime after the Board leaves on vacation, because right now we have -- we're backed up. So let's just do it at a time where we can really take a look at it hard, and that will be the best time. Is that okay? COMMISSIONER SCHMITT: Yep. CHAIRMAN STRAIN: Okay. I'm -- that's the last questions I have, Wayne. So does anybody else have any other questions? COMMISSIONER CHRZANOWSKI: Yeah. Just on this emergency generator, the slab that it sits on is going to be at or above whatever FEMA says is the flood zone for that area, or are you going to take into account that it's kind of maybe a little nearer the coast? And I know the flood zones are based on the surge models that were done, but they're redoing their surge model. You probably, you know -- any thought that you might want to raise it up a foot or two above that? MR. ARNOLD: Well, I think our building floor is going to be a foot above FEMA, so, I mean -- COMMISSIONER SCHMITT: Well, you have first habitable floor over parking; you should have sufficient height. Your air-conditioners would be above BFEs. MR. ARNOLD: I don't want to imply that we're absolutely going to have building above parking, but I understand where Mr. Chrzanowski's coming from. I just don't know -- COMMISSIONER CHRZANOWSKI: The generator itself, yeah. It does no good to have all the air-conditioning if the generator floods out or gets hit by saltwater, so it's just a thought. MR. FRENCH: Good morning. Jamie French, for the record. To let you know that NFIP, the last two revisions of the Florida Building Code, the National Flood Insurance Program was, for lack of a better term, dropped right in the middle of the Florida Building Code. So this structure or any structure built in Collier County now, whether it be residential, commercial, or residential use in a commercial-type building, is going to have to meet all of those requirements to include BFE plus one. So there's one foot of freeboard now that's been incorporated within the Florida Building Code with regards to habitable space, mechanical equipment. So they -- yes, Stan, they're going to have to meet the most latest, the most stringent requirements as March 15, 2018 Page 46 of 76 set forth by the Florida Building Code. COMMISSIONER CHRZANOWSKI: Yeah, but all the electrical equipment in there depends on the functioning of the generator if you lose power. So it seems to me the generator might be a little higher than the other stuff. MR. KLATZKOW: Jamie, this is a Florida Building Code requirement, correct? MR. FRENCH: That's correct. MR. KLATZKOW: Are we entitled to ask for more? CHAIRMAN STRAIN: Those are minimums, those codes are. MR. FRENCH: Typically, with the Florida Building Code, no. You would have to -- if you wanted to file an amendment with the Florida Building Code, if the Board did, to make it more restrictive, it would have to be approved by the Florida Building Commission. CHAIRMAN STRAIN: Well, wait a minute. The building codes, like the LDC, they're minimum codes. So you're saying you can't ever -- you can't ever over-strap your house, for example? I mean -- MR. KLATZKOW: You can voluntarily do it, but we can't require them to do it. CHAIRMAN STRAIN: Well, we weren't. I don't think it was going -- it was going to be a request, and then it might impact somebody's vote on this board, but that's how it would be proposed. MR. FRENCH: Mark, you're absolutely correct. You can -- MR. KLATZKOW: Planning Commission exaction now, huh? CHAIRMAN STRAIN: I'm not -- hey, talk to the guy -- the engineer at the end. MR. FRENCH: You can certainly require it. And I know there was a question as well as the wind zones. Also, within the latest revision of the Florida Building Code, there's not much differential from East Coast to West Coast any longer. So when we look at those coast high hazards areas, our wind load went up from, let's say, 140 miles. This area -- and I don't have the map in front of me. I would imagine that 30 second gust on this building is probably going to have to be about 185 miles an hour. CHAIRMAN STRAIN: Okay. Thank you, sir. Any more questions of staff before we go to -- well, I've got to talk to -- what does the Planning Commission want to do about our lunch break? You want to -- how many public speakers do we have registered, Ray? MR. BELLOWS: Two speakers. CHAIRMAN STRAIN: Okay. Well, I'd like to get through the public speakers first. COMMISSIONER EBERT: Yes. CHAIRMAN STRAIN: Is there a staff report, Ray, before we go to public speakers? MR. BELLOWS: For the record, Ray Bellows. I'm filling in for Eric Johnson who's on vacation, and the presentation made by the applicant is consistent with their request, and staff is recommending approval. CHAIRMAN STRAIN: Any questions of staff? (No response.) CHAIRMAN STRAIN: Okay. Would you call the public speakers, and whoever wants to speak, just use one of the microphones, identify yourself for the record. And we'll need to ask if you've been sworn in when you come up. If you haven't been, just tell us, and we'll take care of that. MR. BELLOWS: The first speaker is Alison Wescott to be followed by Mark Andrews. MS. WESCOTT: Okay. Can you hear me? Great. Okay. Good afternoon, everyone. I'm Alison Wescott for the Conservancy of Southwest Florida on behalf of our more than 7,000 members. CHAIRMAN STRAIN: Were you sworn in when we -- MS. WESCOTT: Yes, I was. CHAIRMAN STRAIN: Thank you. MS. WESCOTT: Yep, I stood up. The Conservancy, as a signatory of the Deltona Settlement Agreement, and in fulfillment of its oversight authority, would like to put on the record our concerns about this project. We acknowledge the parcel on the north side of the PUD is located within the approved development March 15, 2018 Page 47 of 76 area as identified in Exhibit B and can be developed; however, the Conservancy is concerned about the uses permitted in Section 4.07.01 of the PUD. As it states now, as was pointed out earlier, principal uses include viewing stands or docks and nature trails not associated with any particular multifamily development and noncommercial boat launching facilities and multiple docking areas with a maximum extension into the waterway of 20 feet in accordance with Section 5.03.06 of the Land Development Code. The Conservancy has sought clarification from the state in light of the Deltona settlement, as has been pointed out. In their letter of February 16th of this year, the state reminds us that although the property is in an area that is approved for development, beyond the primary property boundaries are state-owned lands and waters subject to additional protections under the settlement. And since the Conservancy, the county, and the State of Florida are signatories to the settlement, we should act to uphold the restrictions within the settlement, including with regard to boardwalks or boat docks not authorized by the settlement. So we believe it would not be right to sell this property to a buyer who might intend to build docks or boardwalks, as this would likely not be permitted by the state, which I believe has already been pointed out. We'd like to put on the record that the county should consider this when it conducts its review, and I have a copy of the letter from the state which I would like to leave for the record. And I just wanted to remind everyone, and it has come up this morning, that the events of Hurricane Irma underscore the importance of ensuring development projects such as this are built with smart growth principles, in particular, preserving mangrove fringe for protection from storm surge and coastal erosion. This is very important. Thank you. COMMISSIONER FRYER: There was no settlement agreement in the materials, was there? CHAIRMAN STRAIN: No. I mean, it's about a 90 or -- I forget. I don't know how many pages. It's a rather nice document. COMMISSIONER CHRZANOWSKI: I've got a question. MS. WESCOTT: We'd be happy to share it with you if you'd like to see it. COMMISSIONER CHRZANOWSKI: I have a question. The lake that this property butts up against, is it possible to boat from that lake anywhere? MS. WESCOTT: I don't believe that you can enter into Rookery Bay, if that's what you're asking. And the lake is -- COMMISSIONER CHRZANOWSKI: There's, like, a bridge and a weir and a few other things in the way, right? So anybody that puts a boat into there would just be able to go back and forth in a quarter mile worth of lake? MS. WESCOTT: I'm not sure about that in the future. COMMISSIONER SCHMITT: Yeah. Stan, there are control structures that control the internal drainage to the -- COMMISSIONER CHRZANOWSKI: Yeah. Because we tried to get up there with a canoe one time, and I don't remember being able to. COMMISSIONER SCHMITT: And I know there's one where it says Mainsail Drive there, where the D is. Approximately in that area there's another control structure, so it's -- COMMISSIONER CHRZANOWSKI: So you just have to -- if they put a boat dock in, they would just be boating back and forth in that lake? MS. WESCOTT: I can't answer that question. COMMISSIONER FRYER: Is the settlement agreement crafted so that only uses that are expressly permitted are permitted, or is it that uses that are prohibited are expressly stated? MS. WESCOTT: I think the point that I was trying to make, actually, is that that land which is water-ward of the private property line is state-owned water. And the mangroves, even though they're emergent and may have grown up since the settlement, are actually considered to be under the control of the state. COMMISSIONER FRYER: Does -- anything in this presentation, in this PUD, does it violate the March 15, 2018 Page 48 of 76 settlement agreement? MS. WESCOTT: Well, if they intend to build boat docks going 20 feet into the water, that would have to go through state land, I would assume. COMMISSIONER FRYER: Well, I guess you're speculating. CHAIRMAN STRAIN: Well, no. It would. I spent 20 years working under a settlement agreement, and I had to go to the signators to have all the things that I was doing corrected or modified, or to the extent they would. Some of them they wouldn't. And it's a process that's outlined in the settlement agreement and it's from 19 -- what is it -- 84? It's an old document. COMMISSIONER SCHMITT: Eighty-four. CHAIRMAN STRAIN: Yeah. And it's got multiple pages. It's got almost more pages of exhibits than it does text, but it's got nearly a hundred pages of text, so... MS. WESCOTT: But in our discussions with the state, they indicated that they would not approve the use of a boat dock. COMMISSIONER FRYER: At all? MS. WESCOTT: No. COMMISSIONER CHRZANOWSKI: Even if it were, like, a small floating dock for canoes or something like that? I mean, I can't see somebody putting a power boat in there at all, period. CHAIRMAN STRAIN: We're getting a little off track on this whole thing. COMMISSIONER FRYER: Well, except I'm not sure we'd want to approve a -- in permitted uses of this PUD something that is -- MR. KLATZKOW: Are not docks already approved? CHAIRMAN STRAIN: We're not necessarily approving it. What I would have done during discussion is suggest that any docks or other development beyond the settlement agreement line must have the approval through the process required by the settlement agreement. COMMISSIONER SCHMITT: Right. CHAIRMAN STRAIN: There is a process. You've seven to nine signatories. They can go ahead and agree to something. Not all of them have to. You can get the majority, and you can -- something can happen. So that's all subject to that process. It's outlined in that document. So when we get to discussion, Ned, I was going to read that, so... COMMISSIONER FRYER: Okay. CHAIRMAN STRAIN: Next speaker, Ray. MR. BELLOWS: Mark Andrews. MR. ANDREWS: Mr. Chairman, members of the Board. CHAIRMAN STRAIN: Were you sworn in, Mr. Andrews? MR. ANDREWS: Yes, I have. CHAIRMAN STRAIN: Thank you. MR. ANDREWS: Mr. Chairman, members of the Board, my name's Mark Andrews. I reside at 1356 Mainsail Drive, Unit 1422. I'm also the president of the Marco -- Fairways II, Marco Shores Condo Association, and we are against this project mainly because of the traffic. As everybody should know, that's a one-way street. There's one way in and one way out to Collier Boulevard. It's a very long wait at the traffic light trying to get either into the Mainsail Drive or getting out. And we feel that the additional traffic that's going to generate from the staff. It's a 24-hour facility -- from the residents that live there -- and we know that it's assisted living. Some people do have their own vehicles; and then you have the families coming in visiting, and so that's a very, very big concern of ours. The next thing is the utilities there. And it's just -- it's strange to see a facility that's going to be built right next to a wastewater treatment plant. It's right there, right next to the property. It abuts the property right there. The other things with the utilities is the water supply. We do get our water from Marco Island. That's how we get that. And sometimes the pressure and stuff like that isn't the best all the time. So that's one of our biggest problems. And, basically, we are not against assisted living projects whatsoever. It's just that on that site, being March 15, 2018 Page 49 of 76 locked in on that one-way street with all the traffic coming in and out, and with the emergency vehicles coming in at all hours, it could happen, our members feel that it's a little bit of a burden to the whole area. Thank you very much. CHAIRMAN STRAIN: Before you leave, the property right now, as it stands, could have all the uses they're asking for basically except for the group housing, and the other uses, like multifamily, especially two- or three-bedroom units with a family and teenagers, would generate an equivalent amount of traffic that they're asking for. Why do you think there's more traffic when the testimony and the analysis shows that this is an equivalent amount of -- that's why the number was chosen. It's equivalent to the multifamily. So if you're going to have the traffic with multifamily and you've got actually a quieter use with senior living, they generally are more benign than kids and families. COMMISSIONER FRYER: Probably fewer drivers, too. CHAIRMAN STRAIN: Right. Just out of curiosity -- MR. ANDREWS: Well, you know, living there and seeing the traffic going up and down the street -- and I know, you know, the area is zoned for residential. It's just that -- I'm just conveying what we see every day with the traffic. And with the additional traffic coming in and with the utilities and stuff like that, we just feel that, you know, it's going to add quite a bit of traffic to that area. Getting in and out of that -- I know, you know -- CHAIRMAN STRAIN: Well, it won't add any more, sir. I mean, that's what the testimony is. And, to be honest with you, we do this with a lot of projects. It's not going to add traffic. It's going to be equivalent to the traffic or less than what's already allowed to be at that location. That's the difference. MR. ANDREWS: Well, just, you know, by living there and trying to get out of the street and trying to get into the street every day, you have to wait a very, very long time with just what we have now for the traffic, you know, for the residents that live there now. So the additional is going to be a lot more wait time trying to get in. I'm just stating the fact of us getting in and out of that street; that's all. CHAIRMAN STRAIN: Okay. And I'm just trying to understand -- I understand what you're saying, but it really isn't additional traffic. It's already been voted on, not by this board, but by 19 -- I think the settlement agreement and the Marco Shores Unit 30 was in the 1980s it was approved. So the density and stuff that they're using is equivalent traffic. So I don't know if it -- I knew you didn't want more traffic, but they have a right -- they had a property right here to put more traffic there at some form over decades. That's the piece I'm trying to understand better. Joe? COMMISSIONER SCHMITT: Mark, there also would be additional traffic that's already -- I don't know if it's vested or was counted because of the three towers that are there; it was originally zoned and approved for five. So that's a significant amount of traffic that's still is yet to be added or could be added to that PUD because it is -- there's two tracts that have yet to have been built. MR. ANDREWS: That's correct. CHAIRMAN STRAIN: Based on CTS, which is the property rights -- we keep them calibrated -- you have, I think, 1,580 total units available to be on that property by right based on the PUD or the DO, and you still have 643 left to go. Now, a lot of times they don't build out that many, thankfully, and that's why this is going to take the place of 100 multifamily, so those would automatically come off. And I doubt if the two towers are going to take as much as what's left, so you may never get built out to the maximum density and traffic that was there. It's not going to get better for you, because that's the way this thing was approved, what, four decades ago. MR. ANDREWS: So there's no recent traffic studies that have been done recently? CHAIRMAN STRAIN: Well, we're going to get their traffic engineer to comment on your comments when we finish with public speakers, so -- COMMISSIONER HOMIAK: But those trips have already been counted. MR. ANDREWS: They already have? COMMISSIONER HOMAIK: They're already part of this project for years, so they're already March 15, 2018 Page 50 of 76 counted. They're in every traffic study. CHAIRMAN STRAIN: Okay. MR. ANDREWS: Thank you very much. CHAIRMAN STRAIN: Thank you, sir. Are there any other registered public speakers, Ray? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Is there any other members of the public that would like to speak? We're going to -- ma'am, if you'd like to -- no, you have to come up to the microphone, and you have to let us know if you've been sworn in, and you have to identify yourself for the record, then we can hear you. MS. FINK: My name is Yvette Fink. (The speaker was duly sworn and indicated in the affirmative.) MS. FINK: My name is Yvette Fink, and I have lived on Mainsail for 20 years. The increase in traffic in 20 years is not comparable from the day that I moved in there. We also have the airport there that you have to take in consideration. And the airport has been sized maybe three times as big as it was when I was -- when I moved into Marco -- into Mainsail. So you have the additional traffic from the homes, the residents, plus the airport, so -- and plus, if this is a facility over there with the airplanes flying all over the place, it's not a really quiet neighborhood, plus the water purifying plant, which is really annoying to many people because it doesn't -- if the wind blows the right way, you get a very beautiful scent. CHAIRMAN STRAIN: Thank you, ma'am. MS. FINK: So this is what I would like you to consider. Okay. Thank you so much. CHAIRMAN STRAIN: Thank you. Sir, if you'd like to come up and speak, you'll have to be sworn in if you haven't been already. MR. HARRIS: I haven't been sworn in, sir. My name is Robert Harris. (The speaker was duly sworn and indicated in the affirmative.) MR. HARRIS: I also have lived in Fairways II. My consideration is just as a point of interest. Were the traffic studies done during peak season? Because basically there's 80 units, and I think maybe 10 percent are year-round. I'm not sure -- in my building of 12, there's two people that are year-round. All the rest of us are snowbirds, okay. We come down for three months to get out of the New Hampshire weather and enjoy your beautiful sunshine. The other thing is that my question would also be the duration of the building time frame. The airport extension, we had 18-wheel dump trucks from 7 o'clock in the morning to almost 7 o'clock at night. The speed of the dump trucks -- we had a county sheriff sit there at the end of Fairways II monitoring. I know they get paid by the load, but you've got a full load going up the street, speed limit's 35, and I know most of us don't it, but it's awful to see an 18-wheeler full of dirt and rock going 40, 50 miles an hour up your street and that. So what would be the construction impact on the traffic and the amount of time that it would take to do this? The other question is that that lake which they're trying to build docks on and recreation has a good amount of alligators in it. We've had one gentleman be bit walking along the side of it and almost dragged in. And we didn't buy on Mainsail because all the docks had a warning of, don't go three feet near the water because there's alligator. And I know it sounds silly, but my wife wanted to live on the other side because she figured the alligators wouldn't across the street. And I said, yes, dear, and we now live in Fairways II. Luckily she's not here so I won't get a dope slap for saying that. But, you know, these are my concerns. Duration. The animal hazard to some of these elderly people. If they go on the dock, they put their feet in the water, you've got an issue for safety. CHAIRMAN STRAIN: Okay. Well, we're going to have the traffic engineer comment on these issues. MR. HARRIS: Okay. Thank you. CHAIRMAN STRAIN: Thank you. Is there anybody else in the public who would like to speak who hasn't already spoken? March 15, 2018 Page 51 of 76 (No response.) CHAIRMAN STRAIN: Okay. And your traffic engineer is here? MR. ARNOLD: Mr. Strain, Jim Banks is here. CHAIRMAN STRAIN: But is he doing that today? MR. ARNOLD: Yes, he's a traffic engineer today. CHAIRMAN STRAIN: Okay, good. MR. ARNOLD: If I might just address a couple of the issues that were raised before we talk about traffic. CHAIRMAN STRAIN: Go right ahead. MR. ARNOLD: The dock issue related to the Conservancy, the language that we have in our portion of the PUD is exactly the language that is in the rest of this PUD except for the reference to Section 5.03 of the LDC, which are your dock standards. So that language was carried over. Staff asked us to update it by adding the reference to the new Land Development Code requirements for docks. So the rest of this PUD has the same language. And I understand the Conservancy's point, but there is a legal process for going to the state and asking to build beyond that development line. So I would think it would be unfair for us to not have any opportunity to approach the state to build a dock. CHAIRMAN STRAIN: Well, who said that? MR. ARNOLD: One of the residents or -- I mean, I think it was implied from somebody that maybe we shouldn't be allowed to -- CHAIRMAN STRAIN: I read the language that I would suggest regarding that situation. Do you have an objection to that is what you're telling me? MR. ARNOLD: Well, you read it fast. But I think I understood what you said. It's subject to going to the state. CHAIRMAN STRAIN: Right. MR. ARNOLD: And I think we're fine with that. CHAIRMAN STRAIN: That just clarifies it should anybody else buy this property and look at the uses that can be there and think they can do docks. It's interesting to understand there's probably already docks somewhere along there. So maybe that needs to be followed up with someone who was signator to that settlement agreement. AUDIENCE MEMBERS: No, no, no. MR. ARNOLD: The only other issue that I would mention, Mr. Strain, there was a comment about the utility site. That site is being abandoned by Marco Island Utilities. I don't know what they're going to be doing with the disposal of the property, but the site's going to be taken out. CHAIRMAN STRAIN: They're going to put docks there. COMMISSIONER CHRZANOWSKI: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER CHRZANOWSKI: I'm looking at Google, and that short of -- like Ned said, looks like a dock, it quacks like a dock. It looks like a couple of docks along there. MR. ARNOLD: There are docks out there. COMMISSIONER CHRZANOWSKI: Okay. What are they putting in there, power boats or -- MR. ARNOLD: I don't know what other portions, but this is an isolated water body, for the most part. It's not navigable by a boat but, you know, there's kayaking and paddle boarding and lots of other opportunities you might want to put a small dock in, so... CHAIRMAN STRAIN: Let's move on to Jim Banks, because we're going into some time here we need to break for lunch. So, Jim, you heard the issues involving the traffic. Can you explain the neutrality of the traffic issue you have and also what happens during the construction phase of projects and issues like that. MR. BANKS: For the record, Jim Banks. And, yeah, I'll address traffic first and then whatever you want me to do after that. But, yeah, one of the questions was, are the analysis based on seasonal conditions. The traffic studies that were prepared for this project as a whole were based on full occupancy of the units. There's not this March 15, 2018 Page 52 of 76 off-season analysis that's done. It's done for seasonal full-occupancy conditions. The traffic study was based on complete buildout of this development for the number of units that were approved, and the design and the access onto 951 was based on full buildout of the development. Now, as you all correctly conveyed to the public that the request here to you today will not affect how much traffic is going to be on Mainsail Drive or how ingress and egress is going to be in the future on getting in and off of 951. So you're correct, the application here today, your decision does not affect what the future traffic conditions are on Mainsail Drive or on 951. Now, what is occurring right now, as you heard, that they said that there's extended periods of time getting in and out on 951. Well, that is actually a function of the signal timing. That's not -- so, today, your traffic engineers, they go down there and they look at these intersections and they put priorities on the side-street demand and the mainline. And right now, because this project isn't built out and there's not as much traffic as is going to be expected in the future, they have the timing of that signal turned down. Now, what's going to happen in the future, as this development continues to grow and there's more and more units in there and then the side-street demand increases, traffic ops will adjust the timing as necessary to where there's not undue -- a substantial amount of delay for people getting in and out of this development. CHAIRMAN STRAIN: And I was trying to figure out where the variables might have been on this project, because when the projects are approved through the PUDs and development orders, especially these old ones, they have a vested amount of density that goes with them. You can't just take that away, and it's supposed to have been calculated in our checkbook concurrency process, which I know it was. But, you know what the variable probably here is is the airport. If anything could generate more traffic than was anticipated, it's probably the airport functioning and expanding like it has. And maybe that's what they're feeling. But as far as these units and the other units and up to total maximum, the project's always been approved for that total maximum. So I'm not sure how to address a traffic that they have that hasn't already been acknowledged and it's just part of the way this project was designed. MR. BANKS: Right. CHAIRMAN STRAIN: And we didn't design it. That was designed by the developer at the time. He met the minimum codes, and that's what they put in there. MR. BANKS: Right. And, again, the action today isn't going to change -- is not going to change the traffic conditions that are going to occur in the future. CHAIRMAN STRAIN: Okay. COMMISSIONER CHRZANOWSKI: But I think one of the things Jim brought out is, where I live we come out and we go down to make a U-turn at the local light, and sometimes during rush hour the traffic people have throttled that down to where only three cars can go through and there's 10, 15 cars in line, and it takes you three or four times to get through. And the right turn coming from -- or the left turn coming out of Piper's Grove, some mornings, you know, it lets three or four or five cars through, and there's 10 cars in line. So I know that traffic can change the timing on those signals for certain times of the day and whatever. And a lot of this, I think, depends on them. They could probably alleviate some of the traffic concerns if they paid real close attention, but it's all seasonal and it's all time-of-day related, and there is a lot of traffic on 951. CHAIRMAN STRAIN: Yeah. I was there yesterday in a long line waiting to get to 41, so... Okay. Anybody else have any questions on traffic? Oh, maybe Wayne can address phasing of the construction, how the -- not that -- we can't stop construction vehicles, but just to at least explain the phasing you're going to use. How were you intending to build this out? MR. ARNOLD: Well, I think, given the number of units and how either a typical multifamily development of this size on this acreage would build out, it's probably a one-phase project, most likely. Construction project of that style probably takes less than a year to -- once you commence. CHAIRMAN STRAIN: Okay. Are you going to -- if you do underbuilding parking, you won't need March 15, 2018 Page 53 of 76 as much fill. Is that a fair statement? MR. ARNOLD: That's correct. Plus the site has already been filled largely. It probably doesn't meet new FEMA, but it has been cleared and filled previously. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Okay. With that -- go ahead. Did you want a rebuttal? MR. ARNOLD: No, no real rebuttal. I know that you've got issues. But Mr. Banks just found a cellular phone on the floor. So I don't know if it fell out of any of the speakers' pockets, but we have a cell phone I'll give to Ray and let somebody claim it. CHAIRMAN STRAIN: Thank you. Okay. With that, we will -- no, ma'am, you can't talk from the audience. You have to come up and be sworn in and identify yourself for the record, please. (The speaker was duly sworn and indicated in the affirmative.) MS. BRODAK: My name is Roma. CHAIRMAN STRAIN: Could you spell your last name for us just so -- MS. BRODAK: Roma Brodak. CHAIRMAN STRAIN: Could you spell the last name. MS. BRODAK: Roma, R-o-m-a; Brodak, B-r-o-d-a-k. CHAIRMAN STRAIN: Thank you. MS. BRODAK: I purchased the property there 20 years ago. I'm from Michigan; originally from Poland. I have a question to the gentleman. How many residents -- CHAIRMAN STRAIN: You'll have to ask us the question, and we'll get him back up here. We don't have communication between you and the applicant. MS. BRODAK: Okay. How many residents will be living in facility? CHAIRMAN STRAIN: 1,580 times 2.47. Here. I'll tell you what that is. You're permitted for 1,580 units, and if you multiply that times the average person per household in Collier County, that's 2.47, according to the latest census. So what you come up with is a total number of residents in the whole thing of 3,902.6. I'd round it up. MS. BRODAK: Okay. That unit is going to be built, right? CHAIRMAN STRAIN: No, that's the number -- you asked for the number of residents. That's the number of people that could live there. MS. BRODAK: Okay. CHAIRMAN STRAIN: The number of residences, that could be a total of -- I think the last I looked it was 1,580, and out of that, I think there's 643 left to build. MS. BRODAK: Okay. You are funny, but my question -- CHAIRMAN STRAIN: No. I'm not trying to be funny. I'm answering your question. MS. BRODAK: Okay. Maybe I ask wrong way, but I would like to know how many residents will be in a building or the facility the sir would like to build. CHAIRMAN STRAIN: Just their facility? MS. BRODAK: Just their facility. CHAIRMAN STRAIN: Okay. Wayne? MR. ARNOLD: For the senior housing we've asked for a maximum of 240 units/beds. MS. BRODAK: So it's 240 people seniors, right? MR. ARNOLD: Potentially, yes. MS. BRODAK: Okay. How many employees will be there working to serve the people, to deliver, to help them, to exercise them, whatever the staff that's needed to provide for 240 people? How many employees will be there -- CHAIRMAN STRAIN: Wayne? MS. BRODAK: -- on everyday base? CHAIRMAN STRAIN: Ma'am, you're not -- you'll need to talk to us. When you finish, he'll come March 15, 2018 Page 54 of 76 up and make what's called a rebuttal, and he'll try to answer your -- MS. BRODAK: Okay. I'm a little nervous. I never take place like this. CHAIRMAN STRAIN: You want to know how many employees and how many residents, right? MS. BRODAK: Right. CHAIRMAN STRAIN: Okay. Is there anything else? MS. BRODAK: Well, that's going to bring the traffic, right? And how many of you went there and see the place when they build a facility, how it's going to look in all the residential area? It's typical residential area. I understand the plans and approval years and -- or years ago, but I just will really appreciate if some of you go and look what you're trying to approve and which area. CHAIRMAN STRAIN: Okay. Thank you. And we'll your answers for you from the planner (sic). MS. BRODAK: And I'm sorry if I wasn't clear enough, but I never speak publicly, plus I have an accent. CHAIRMAN STRAIN: That's okay. I just wanted to make sure we factually answered your question. That's why when you asked about how many residents, that number can be estimated, and that's what I was trying to do for you. MS. BRODAK: Right. But asking, I was thinking about facility that you're trying to approve. CHAIRMAN STRAIN: I understand now, yep. MS. BRODAK: And it's any way we can protest if you approve? CHAIRMAN STRAIN: We're not -- we don't approve. We only recommend. So you can go to the next meeting, which will occur probably in about a month, in front of the Board of County Commissioners, and they are the ones that actually approve things. So at that level you can have the same conversation, and they can decide what to do -- MS. BRODAK: Okay. CHAIRMAN STRAIN: -- with our recommendation. MS. BRODAK: Thank you very much. CHAIRMAN STRAIN: You're welcome. COMMISSIONER FRYER: Thank you. CHAIRMAN STRAIN: Wayne? MR. ARNOLD: Thank you, Mr. Strain. I don't have a direct rebuttal, but I know that you mentioned a few items that we probably want to go through in the PUD document. CHAIRMAN STRAIN: Well -- but let's answer the lady's questions. MR. ARNOLD: Okay. CHAIRMAN STRAIN: She asked how many people will reside there, and basically you've got beds. Two hundred and -- MR. ARNOLD: Forty of those. CHAIRMAN STRAIN: -- forty beds. So that means you've got at least 240 people, but they're in beds. They may not all be drivers. COMMISSIONER FRYER: At most. CHAIRMAN STRAIN: Right, at most, because you can't fit any more residents there that can't fit into a bed. So how many employees do you think you'll have on a single shift to run that operation? MR. ARNOLD: Mr. Strain, I honestly have no idea. CHAIRMAN STRAIN: Does your client know, since he's in the business? MR. ARNOLD: He's not in the senior housing business. CHAIRMAN STRAIN: Oh, okay. MR. ARNOLD: He's not a senior housing provider. We have senior housing providers who are interested in purchasing the property, but we're not senior housing providers, so I don't have a direct answer for how many employees that equates to. But the traffic analyses under the IT manual for senior housing facilities factor in employees, numbers of persons that reside there, et cetera. So I think we're covered with regard to the traffic analysis. CHAIRMAN STRAIN: Okay. So you don't have number of employees per shift, but you know that the beds are going to limit the number of residents. So you've got 240 people. Generally, the people in these March 15, 2018 Page 55 of 76 facilities don't all drive, so I wouldn't imagine you'd have a high percentage of drivers, compared to what it would be if it was multifamily. That's just an assumption. So I think that's the best answer we're going to be able to get with the information we have today. So with that said, did you want to have rebuttal, Wayne, on anything else? MR. ARNOLD: I don't think it's necessary. Thank you. CHAIRMAN STRAIN: Anybody else have anything? (No response.) CHAIRMAN STRAIN: Wayne, one other thing. You know, when we have approved senior living facilities before, staff usually adds to them the standard conditions we've approved on those, and I didn't catch it this time. Ray, do you know if it's in there or not? MR. BELLOWS: The standard -- CHAIRMAN STRAIN: Remember the ones like we did at the Cleary PUD and the others where we just, a long time ago, had those? MR. BELLOWS: Yeah. Those conditions were generated when there's mostly your primarily independent living. That's not the case here, so I don't believe we've included all of them, but... CHAIRMAN STRAIN: I just wanted to understand. If you haven't included them for that reason, that's fine. I wanted to make sure we had a reason. MR. BELLOWS: Ray, I believe, in my discussions with Mr. Johnson, we did pass along what we thought was applicable. But since this isn't a completely independent living, some of the others weren't necessary. CHAIRMAN STRAIN: Okay. Wayne, is there anything else you want to add before we close? MR. ARNOLD: No, sir. CHAIRMAN STRAIN: Okay. I have made -- I've written five notes for the Planning Commission to consider. The first one is no substance abuse or developmentally disabled residents for the group housing. Number 2, any docks or other development beyond the settlement agreement line must have approval through the process required by the settlement agreement. Number 3, we're going to add A/C language to the group housing generator -- so the generator -- we're going to add language so that the generator includes enough for the air-conditioning units in the group housing and will be installed according to the FEMA regulations that the main building is installed to, which is one foot above FEMA. Parking structures that was referred to under accessories was meant to be building parking under the building, underbuilding parking. And then the -- well, that's it. That's the four of them I have. MR. ARNOLD: That's consistent with the notes that I made. I would -- if those are going to be part of the motion, if I could get a copy of the language just to make sure that I -- CHAIRMAN STRAIN: I usually send it to Ray. He can send it to you. MR. ARNOLD: Thank you. CHAIRMAN STRAIN: Is there any other discussion? COMMISSIONER FRYER: I'll make a motion to approve the PUDA subject to those four points. CHAIRMAN STRAIN: Is there a second? COMMISSIONER HOMIAK: Second. COMMISSIONER SCHMITT: Second. CHAIRMAN STRAIN: Made by Ned, seconded by Karen. Further discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. March 15, 2018 Page 56 of 76 COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. This will move on to the Board of County Commissioners probably late in April. And with that, we're going to take a 59-minute -- or 58-minute lunch. Be back at 1:30, and we'll resume with the -- I think it was the first one -- City Gate project at that time. (A luncheon recess was had.) CHAIRMAN STRAIN: Good afternoon, everyone. If you'll please retake your seats, we'll move with the remainder of the Planning Commission's issues this afternoon. And I'm going to turn to the Planning Commission and ask if they would consider a change to our agenda. City Gate wasn't available to us before lunch, and it's going to -- now that they sent it to us, we're going to need some time to read it. Some of us may have had that time. But I would like, since we were late on lunch, I'd like to move Rushton Pointe up first and then finish City Gate up for as long as it takes this afternoon. Is everybody okay with that? COMMISSIONER FRYER: I'm okay. CHAIRMAN STRAIN: Especially since City Gate couldn't get the right color of highlighting on this thing. We've got blue and it was supposed to be orange. And I went through it. And then based on that, they haven't changed anything because there's no orange in the whole thing. ***So with that in mind, we'll move forward, and the next item up will be 9E. It's PL20150000306. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: And disclosures. We'll start with Tom on the -- my right. MR. EASTMAN: None. COMMISSIONER CHRZANOWSKI: I spoke to Mike Fernandez. CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: None. COMMISSIONER EBERT: None. CHAIRMAN STRAIN: And I had conversations with Mike Fernandez and Patrick White, and I just met one of the people from Indigo Lakes in the audience. Karen? COMMISSIONER HOMAIK: Nothing. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: I also spoke with Mike Fernandez and Patrick White. CHAIRMAN STRAIN: Okay. Patrick? COMMISSIONER DEARBORN: None. COMMISSIONER CHRZANOWSKI: I'd like to amend. I did speak with Patrick White quite a while ago about this. CHAIRMAN STRAIN: Okay. And one other thing I have to clarify. Trinity, I didn't (sic) notice -- you brought your husband with you. Did you want to introduce him today? I'm assuming that's your son. MS. SCOTT: My son, yes. CHAIRMAN STRAIN: Nice to meet you, young fellow. I'm glad you're here seeing these exciting things happen in government, so... And with that, Michael, we'll turn it over to you. MR. FERNANDEZ: Good afternoon, Commissioner. Michael Fernandez with the firm of Planning Development representing the owners of the 38.1-acre infill parcel off of Collier Boulevard just south of Indigo Lakes and north of Brittany Bay. Also, Indigo Lakes abuts it on the west end. As you can see there, there's an aerial in front of you right now. The property was actually a portion March 15, 2018 Page 57 of 76 of the old Indigo Lakes lands under the same farming. So there's some old row crops; that area that you can see that was carved out of the property. You will also notice that there's a water management feature that's at the northeast corner of the property. It's within a 5.09-acre tract that the county acquired in 2005, and it's used in portion to satisfy the water management requirements for Collier Boulevard. I would tell you that there is a provision that allows the owner of the property to reconfigure that lake, and that's exactly what we're proposing to do to enhance the ability for the site plan that we've proposed. This is a proposed residential development. It's, as I said, an infill parcel. It abuts existing residential development. To the north, as I said, is Indigo Lakes. Around the perimeter of the graphic you can see that there's the Indigo Lakes entry drive in the northeast corner followed by a small section of preserve that is isolated as part of the Indigo Lakes project, then single-family along the balance of the border with the Rushton Pointe project. On the south side is part of Brittany Bay. You'll see that they have some multifamily residential near the east portion. Then there's a road and recreational amenity, another recreational amenity and, finally, a lake and open-space tract. So that's how we abut the properties. As part of the agreement with the county when they acquired the easement, the county went ahead and identified the exact location for the access to this parcel, and we're showing -- we're depicting it at that location. They also are committed to providing a 250-foot turn lane for that access point, and you can see in our master plan that we have reconfigured the county's drainage lake, but we have our own large centralized feature. The parcel itself is very rectilinear and slightly slender, and it kind of suggests the plan that we have, what is a large linear central lake surrounded by residential tracts. The preserve requirement, the 25 percent of the native vegetation, is located at the western extreme of the property. That's the P tract, and it acts additionally as a buffer to single-family residential along the west edge and, because it's placed there, we don't have to cut through it, so it stays in one contiguous parcel. That location was identified in earlier documents of other development further to the south. In the graphic that you see there that's overlaid the aerial, this preserve area at the western end of the parcel becomes part of a mosaic larger area for habitat, and it's composed of preserves, open space, including lakes. The proposed land uses could be multifamily or single-family. We looked at the analysis that staff did, relationships to the adjacent development, and we're very comfortable with their analysis and agree with it. We're limiting all residential development to no more than two stories, and currently there exists along the north border with Indigo Lakes homes of one- and two-story development. Our development standards limit the height to 30 feet. The adjacent PUDs limit their heights to 35 feet. So we're going to be a little bit shorter than they are. Our landscape buffers meet the code requirements, and the developer has actually added, in No. 5, their development commitments, a provision that would -- if there's only a requirement for a Type A buffer, they would come back and enhance that with a Type B hedge which would be planted at five feet, grown to six feet, and be 80 percent opaque. So there will be an enhanced buffer along the north and south buffers. In addition to that, we have been working cooperatively with our neighbors to the north and to the west representing -- they're representing Indigo Lakes Master Association, and I believe they have a couple of members here today that will address the results of our cooperative efforts in coming up with ways to mitigate some of their concerns. With that, I'll be happy to answer any questions you might have regarding the project. CHAIRMAN STRAIN: Okay. Planning Commission, anybody have any questions? Ned? COMMISSIONER FRYER: In the NIM it was said, the proposed rezone requests only six units per acre and does not request any bonus density or affordable housing; is that correct? MR. FERNANDEZ: That's what that document says, yes. And what we were saying there -- COMMISSIONER FRYER: Is the underlying fact correct? MR. FERNANDEZ: Yeah. Correctly stated, we were asking for the density that is permitted by the density band but not density for affordable housing. That would have been a correction. COMMISSIONER FRYER: Okay. So -- but then in the staff report it said this project is eligible for March 15, 2018 Page 58 of 76 a base density of four residential dwelling units per acre and is eligible for a density bonus of three additional dwelling units per acre for a total of seven DU per A. MR. FERNANDEZ: That's correct. COMMISSIONER FRYER: So those two things don't agree with one another. MR. FERNANDEZ: Yeah, I agree with you. Obviously, what we were asking and what we presented to the homeowners associations at the NIM was that we were requesting six. And we described it at that time as four plus two out of the three that would be eligible from the density band. COMMISSIONER FRYER: Would you mind, then, stating exactly what the density will be and of what it will consist? MR. FERNANDEZ: Sure. The density is a maximum of six units per acre. It can be a single-family development, multifamily development, or a combination of the two. We did make an additional commitment at that NIM, and it's incorporated in the agreement that we have with Indigo Lakes and would be added to this text and that it would prohibit a rental apartment community. COMMISSIONER FRYER: Are you asking, then, for a density bonus? MR. FERNANDEZ: From whom? COMMISSIONER FRYER: From the county. MR. FERNANDEZ: We are asking for -- I'm not sure if the criteria -- CHAIRMAN STRAIN: It's not a density bonus. You have four units by right, and then you've got the band that is allowed -- do you have a higher intensity band around activity areas. MR. FERNANDEZ: Yeah. I'm not sure if it's called a bonus or not, but it's from the density band. COMMISSIONER FRYER: This is the language -- I'm just quoting from the NIM. MR. FERNANDEZ: I understand. COMMISSIONER FRYER: Okay. Thank you. That's all I have. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Well, Michael, let's start with Page 23. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: Typically, we have asked that the accessory uses that are community wide be allocated to a separate section of the PUD, general development or rec tracts or whatever, and I gave Ray an example of another one we did. You have informed me during the break you thought that you could reallocate your community-wide accessory and guardhouses and other things to paragraphs like this in your PUD. MR. FERNANDEZ: We can do that very easily, yes. CHAIRMAN STRAIN: Okay. What I wanted to clarify is that the -- you also have in here, including recreation -- yeah, facilities for lawn care and maintenance. I didn't notice in your standards table a category for maintenance. It says clubhouse and recreational buildings. Now, the category's fine -- I mean, the numbers are fine, possibly, but could you add to the title, "clubhouse recreational and/or maintenance buildings"? Because you're going to have to have a separate situation for those, too. MR. FERNANDEZ: Absolutely. CHAIRMAN STRAIN: Okay. That will take out a lot of my questions and concerns from the principal uses and accessory issue. You're going to move guardhouses and gatehouses in here, as you've seen on here. So that clears that whole page up. I appreciate that. When we get into your Development Standards Table -- MR. FERNANDEZ: Yeah. Mr. Strain? CHAIRMAN STRAIN: Yeah. MR. FERNANDEZ: One moment, please. Can you tell me, when you referenced that Page 23, where were you looking? CHAIRMAN STRAIN: Yeah. Electronic. It's Page 2 of 9. March 15, 2018 Page 59 of 76 COMMISSIONER FRYER: Exhibit A. MR. FERNANDEZ: Okay. In our packet we delivered, there's continuous page numbering that goes up to, like, 279. CHAIRMAN STRAIN: Oh. Well, it's Page 5 of your continuous page number where I just spoke from, the paragraph I was changing. And the table I'm talking about is your Page 6. MR. FERNANDEZ: Got it. Thank you. Appreciate it. CHAIRMAN STRAIN: Okay. On that Page 6, you say maximum number of storage. And you look at maximum building height, 30 feet. Are you doing any underbuilding parking? MR. FERNANDEZ: No, we are not. CHAIRMAN STRAIN: So we can just make a note that there's no underbuilding parking. So a story is not inclusive -- you've just got two stories, and they'll be habitable stories? MR. FERNANDEZ: Correct. So you want that as a -- CHAIRMAN STRAIN: I'm just going to add a stipulation, no underbuilding parking. MR. FERNANDEZ: We can add that under the footnotes, if you wish. CHAIRMAN STRAIN: That's fine. Just so it gets -- I didn't think you intended to. I just wanted to make sure it was clear. You have buffers around your facility, 10 and or 15 feet, and plus you have lakes. Are you intending to put those into separate buffer tracts or lake maintenance easement tracts? MR. FERNANDEZ: Yes, as required by staff. CHAIRMAN STRAIN: Right. I wanted to make sure it was done. MR. FERNANDEZ: Absolutely. CHAIRMAN STRAIN: So when we look at your rear setbacks, your setback for accessories is five feet. So when you go up against Indigo Lakes, you'll really be five feet plus whatever buffer you have there. MR. FERNANDEZ: That's correct. CHAIRMAN STRAIN: Good. That's what I needed to find out. And why, under your single-family detached, you have a maximum building height at 40 feet, but then you've got maximum and zoned actual height for accessory at 40 feet. That's -- just out of curiosity, would you build at 40 feet as an accessory? MR. FERNANDEZ: Well, again, you're talking about overall height. And as an architect, I will tell you, I would do some kind of embellishments or something that -- and I want to have that ability to do that, for instance. CHAIRMAN STRAIN: For, like, a pool cage or something? MR. FERNANDEZ: Well, no. I was thinking more like a -- you know, a rec facility that may have two levels in it that's maybe an Olde Florida style with a large roof. CHAIRMAN STRAIN: Well, the rec facility -- yes, the rec facility there, you've got the same thing. It's the same as principal structure, so that's what you're referring to. I was looking at your 40 feet under your single-family detached. Because you've got 40 feet on that one specifically -- MR. FERNANDEZ: If you're talking about accessory, yes, then that would be, for instance, a pool cage that would match the -- CHAIRMAN STRAIN: Height of the house? MR. FERNANDEZ: The height of the house or the configuration of the roof. CHAIRMAN STRAIN: Okay. Just -- then when we go into the footnotes, in your Footnote No. 1, you talk about a 23-foot setback, and then we get into the second paragraph where it says, last line, "Shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet." Then in the paragraph after that you talk about your other setbacks, including front entry and side entry garage shall be set back 20 feet from the front yard property line except where the lot is -- an intersection of two streets in which case the front yard setback herein shall only apply to the street on which the entrance is located. Now, let's start with the word "entrance." Do you mean entry door or garage? Because some people March 15, 2018 Page 60 of 76 can put an entry door on the side of the house, and that's the front, and the garage can be on the opposite side with a driveway off the road. You mean where your garage door fronts, right, or where your driveway fronts? MR. FERNANDEZ: Correct. CHAIRMAN STRAIN: Okay. So the entrance in this case, in which the driveway is located, could we say that instead of entrance? MR. FERNANDEZ: Yes. CHAIRMAN STRAIN: And then in the previous one I read where you wanted to be 10 feet back and on this one, on a corner lot, you could be five feet back. Now, if we turn to your -- if you could put one of your road cuts up there. Is utilities here? No. COMMISSIONER EBERT: Yes. He's out -- he's sitting out in the hall. CHAIRMAN STRAIN: Okay. Thank you, Jamie. You've got two, two cross-sections. This is C2. This would be the one you're saying you want to do at 42 feet, which I'm assuming is those -- mostly those east/west ones and then part of north/south, right? MR. FERNANDEZ: Correct. The only time the other one comes into being is in those extensions that we're asking for the deviations for a dead end of less than 100 feet. CHAIRMAN STRAIN: Right. So let's start with this one. And on each side of your 42-footer, you've got the CUE, which is a county utility easement. MR. FERNANDEZ: If it's required. They may not be required. CHAIRMAN STRAIN: Okay. But where is your 10-foot PUEs? MR. FERNANDEZ: They would be beyond that. CHAIRMAN STRAIN: Okay. Then you can't have a five-foot setback on the side. MR. FERNANDEZ: Again, we don't know if there's going to be a CUE at all there. CHAIRMAN STRAIN: Okay. Then you can't have a five-foot setback on the side because you've got a 10-foot PUE. MR. FERNANDEZ: We may not. CHAIRMAN STRAIN: Okay. MR. FERNANDEZ: In other words, depending on which side we load the utilities, they could go across the street and serve the individual lots. CHAIRMAN STRAIN: I'm not -- okay. I'm not familiar with that, but if you say it can be done, I'll take your word for it. Then we need to add language to that footnote that -- where there are either CUEs or PUEs, those setbacks will have to be outside of those easements. MR. FERNANDEZ: Yeah. I think that's in the code now, but we have no problem putting that in there. CHAIRMAN STRAIN: Well, I'm just concerned that someone's going to read this and not pick up on it because -- MR. FERNANDEZ: I don't have a problem putting it in. CHAIRMAN STRAIN: Okay. The other issue is -- and this is the County Attorney's Office. A while back we had this issue concerning overhangs going into PUEs or CUEs, and I thought we weren't allowing the overhangs in. You don't know if you're going to have overhangs or not, but if you do, I think the language ought to be added also, any overhangs will not extend into the easements. MR. FERNANDEZ: What I would prefer is that we come up with a standard that gives us so much clearance above that. For instance, if I have a two-story home, I may have an eave that comes over, you know, two or three feet, and it's 30 feet up in the air. CHAIRMAN STRAIN: Well, the issue came up quite a while back. There was some correspondence back and forth with the County Attorney's Office. I didn't bring it with me because I didn't expect a -- I didn't think you'd be objecting to it. MR. FERNANDEZ: I'm just asking for a clarification. I would prefer to handle it that way. CHAIRMAN STRAIN: Do you guys remember that, Jeff? I know you were involved in it, but I don't know if you remember. It's been a while. And you've gotten a year older today, so... March 15, 2018 Page 61 of 76 MR. KLATZKOW: I was involved in this years ago, and it was a staff concern because, they've got to get equipment in. CHAIRMAN STRAIN: Right. MR. KLATZKOW: And staff never wanted any overhanging in any of the utility easements because of the equipment concerns. CHAIRMAN STRAIN: That's what I had thought you said back then, and we actually had -- I think the first project to come in that had this issue was Bent Creek up in the north end, and they had to be held -- they wanted to have overhangs, and they said they wouldn't be deeper than two feet, so we had them 12 feet back. Whatever you want to do, but I don't think -- we would need something better than just going to build it high enough. MR. FERNANDEZ: How about a clearance of a minimum 15 feet? CHAIRMAN STRAIN: Well, I don't know if that's the issue, rather than just -- because if we let you get your overhangs into these, everybody's going to be able to do it, and we're going to have to start getting into how high the eaves are going to be on every single house that could be along that frontage. What's so critical about that two feet for the eaves or whatever you'd have? And yesterday you told me -- MR. FERNANDEZ: I'm not -- CHAIRMAN STRAIN: -- you didn't even know if you were going to have an eave. MR. FERNANDEZ: That's correct. And I don't know. And I'm looking to retain flexibility. I'm looking to understand what is the county's need if they have equipment. If it's going to be more than 15 feet, that's -- CHAIRMAN STRAIN: I'm not worried about the county. I'm worried about the PUE. That's the one you're up against. That's not a county easement. MR. FERNANDEZ: Okay. Even then, it's -- CHAIRMAN STRAIN: Well, you've got FP&L. They don't have small equipment. They've got big trucks. They break up sidewalks all the time. You've got Sprint, you've got Comcast, you've got a series of elements like -- private utilities like that that are the concern. And if -- we haven't let that happen before, so I'm not thinking this is the right way to go. So you need to be outside either -- whatever the aggregated total of the CUEs, if they exist in PUEs by the depth of the soffits -- or the depth of the overhangs if you have them. I mean -- MR. FERNANDEZ: If they're encroaching, right? CHAIRMAN STRAIN: Right. You can't encroach on them, yeah. MR. FERNANDEZ: All right. That's good. We'll accept that. MR. STONE: Mr. Chairman, just clarification. You want it to say something to the effect of the structure, in addition to the overhang, will not encroach into a CUE or PUE. CHAIRMAN STRAIN: That works great. Thank you. MR. STONE: But in both of those sections. CHAIRMAN STRAIN: Okay. And then the next exhibit, exhibit -- go ahead. MR. FERNANDEZ: Can you clarify, Scott, which two sections? MR. STONE: I think it's the last two -- the second paragraph of Footnote 1 -- MR. FERNANDEZ: Okay. MR. STONE: -- where it's a 10-foot setback, and then the last sentence of Footnote 1 where it's a five-foot setback. MR. FERNANDEZ: Okay. MR. STONE: We can say that -- we can wordsmith it but, essentially, it will be the structure in addition to the overhang will not encroach into PUE or CUE. CHAIRMAN STRAIN: Well, and I noticed Eric's in the audience. Eric, could you come up and answer a quick question about the CUEs on the typical road section that's on the overhead right now. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: And, Eric, the question is, on these road cuts, they're for a reduced county standard to 42 feet. The deviations -- it's not untypical deviation. They do show the CUEs going five feet March 15, 2018 Page 62 of 76 onto the private property. Normally we see PUEs outside of those. I'm assuming you wouldn't allow a joint effort with a PUE overriding your CUE. MR. FEY: That is correct. We have exclusive subsurface utility rights within the CUE, and I think there would need to be access rights across our CUE. CHAIRMAN STRAIN: Do you -- on this particular project, do you know yet if there's something you're going to be needing or not? I mean, they're called out, so you can have them if you want them. I just didn't know if you've gone that far with the review of this site yet or not. MR. FEY: Well, there's to be water main and force main. So, you know, they have a seven-and-a-half-foot setback as shown, and those additional CUEs are just to provide maintenance access to those mains within the right-of-way. CHAIRMAN STRAIN: Okay. MR. FEY: So with the reduced width of the right-of-way, it puts us up against the right-of-way line, and we just need some space for maintenance. CHAIRMAN STRAIN: Okay. Well, that does help. I appreciate that. Because it looks like you're going to need them. So we'll approach it as though they're needed. So, thank you. MR. FEY: Thank you. CHAIRMAN STRAIN: And, Michael, you have a deviation requesting sidewalks be eliminated on the south side of the south road because the houses are on the north side of the road, which is something we've allowed before or recommended to be allowed before, so that part doesn't bother me. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: But look at your next typical -- look at your Exhibit C3. You've only got a sidewalk on one side, and that's not on the south side of the project. MR. FERNANDEZ: That's in the turnaround area at the very end, and we may not have lots up there or it may be -- CHAIRMAN STRAIN: But you didn't ask for a deviation for that. Unless staff tells me you don't need a deviation for that, you still do. So I don't know how far these are missing sidewalks. If it's just the arc around the end -- but then if someone's coming up one side they've got to cross the street to get to the other -- to get to the sidewalk on the other side? MR. FERNANDEZ: If my memory serves me correct -- I'm trying to recall -- I believe the code gives us some flexibility when it comes to the end of a cul-de-sac; that it only needs to be on one side. CHAIRMAN STRAIN: Well, aren't these proposed as hammerheads? I mean, where's your cut? They're straight cuts. They're not cul-de-sacs. MR. FERNANDEZ: They would be straight cuts. But, effectively, what -- I think what we've done in the past, that staff has required them only on one side. And these particular sections, both these sections that you're seeing here, were already approved in prior PUDs. CHAIRMAN STRAIN: I don't -- you know, if we made a mistake one time before, we're not going to make it forever. Ray, do you know the issue that -- are you familiar with the issue we're talking about, or do you need time to take a look at it? MR. BELLOWS: I think we should take a look at it. CHAIRMAN STRAIN: Okay. Because this will have to come back on consent, and before it comes back, this needs to be either added to the deviation, if that's what staff think is appropriate -- MR. BELLOWS: It probably will be a deviation. CHAIRMAN STRAIN: -- or not allowed to happen. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: That takes us back to the PUD itself. And I think I've hit the footnotes, and if we go past that into -- let me see what I've got here. Diane, did you have something you wanted to -- COMMISSIONER EBERT: Ray, I'm going to ask you the question. Being most of this is on the property because it's so narrow of a right-of-way, is this going to end up like a couple projects that we talked about that -- the one on Livingston? Just please look at this one carefully -- March 15, 2018 Page 63 of 76 MR. BELLOWS: Yeah. COMMISSIONER EBERT: -- because the plantings and stuff, it's horrendous. MR. BELLOWS: Yeah, I understand what you're referring to in regard to cluster development and the required tree. We'll take a look at it. COMMISSIONER EBERT: Okay. CHAIRMAN STRAIN: Michael, if we go to your Exhibit E, which is on your Page 12, Electronic Page 32, your first deviation refers to the 42-foot width of right-of-way internal to proposed -- as dictated on our PUD master plan Exhibit C1 and C2. C2 is a road-cut exhibit. It's not a master plan. MR. FERNANDEZ: You're correct. That's an error. CHAIRMAN STRAIN: Okay. And on number -- Deviation No. 2, it talks about the dead-end streets, and those are depicted on master plan C1, but they're also the ones you're talking about as road Exhibit C3, right, the road cross-section? MR. FERNANDEZ: Yes, sir. We can correct that labeling. CHAIRMAN STRAIN: Okay. When we get into the development commitments, you -- we don't have it in our packet, so I'd like to walk through the ones that you're proposing to add. They're strange. They're different. We've not seen those before, but if you were volunteering to add them, I guess they can be, so... MR. FERNANDEZ: Yes, sir. I don't know if you would want to wait. The master association representative's here. CHAIRMAN STRAIN: No. It's -- it's your language to your PUD. I'd rather you present it. Then they can decide if they like it or not, and we can listen to their concerns. MR. FERNANDEZ: Okay. Also, just to advise you, county staff, Scott Stone, reviewed our language, came back with proposed revisions. We have incorporated those revisions, shared them with the master association, and they're comfortable with them as well. CHAIRMAN STRAIN: Usually his language tightens them up and makes them a little bit more legally sufficient, so... MR. FERNANDEZ: Here we go. CHAIRMAN STRAIN: Just pull it down. There you go. MR. FERNANDEZ: Should I go through them one by one? CHAIRMAN STRAIN: Yes. We haven't seen them. I mean, I know you showed them to me, but I really haven't had time to study them since you sent them back. So let's go through them, each one of them, yes. MR. FERNANDEZ: Okay. Number 8 is one that basically proposes that should there be a recreational amenity as part of a multifamily development and that recreational amenity requires a parking lot, that parking lot will be improved or the pavement will be concrete and a basketball hoop and backboard will be installed at one end, and that would only apply to the first recreational amenity. CHAIRMAN STRAIN: Okay. So you've got to do concrete pavement. MR. FERNANDEZ: Correct. CHAIRMAN STRAIN: And the basketball hoop and backboard. Never had this happen before, but if you agree to it, we can add it to the PUD. It's generally not done this way, but -- MR. FERNANDEZ: We agree to it. We don't have to provide the basketball. CHAIRMAN STRAIN: I'm not sure where -- it's different. Let's look at No. 9 then, unless there's any questions. MR. FERNANDEZ: Okay. Number 9 is something that we've done quite frequently in a lot of PUDs and, basically, it's to install a vinyl covered five-foot fence inside the hedge. So we basically build a hedge with shrubs on either side so the hedge, then, is concealed or hidden, and it enhances the security, basically, between developments. COMMISSIONER FRYER: Fence. Fence is concealed or hidden. MR. FERNANDEZ: The fence, correct. CHAIRMAN STRAIN: When it says hidden, you mean 100 percent opacity? MR. FERNANDEZ: Basically, this has to do with the north line -- north and south property line March 15, 2018 Page 64 of 76 buffers and potentially the one along the preserve, and it references the 80 percent opacity standard as the Type B buffer. CHAIRMAN STRAIN: Okay. But this No. 9 doesn't reference the 80 percent opacity standard. When you say "hidden," that's an undefined term. So after "hidden," could you put in parenthetical, "80 percent opacity as required by a B buffer" since you're going to do that anyway? MR. FERNANDEZ: We can. It does say Type B buffer. When it references to the north property line buffers in the south ones -- CHAIRMAN STRAIN: Yep. MR. FERNANDEZ: -- those do reference -- CHAIRMAN STRAIN: But those don't have a hidden fence in them. I just want to make sure -- MR. FERNANDEZ: Correct. CHAIRMAN STRAIN: -- nobody misreads the word "hidden." MR. FERNANDEZ: Okay. Now it's concealed by Scott's language. CHAIRMAN STRAIN: Oh, so he's already -- this is one of your changes? MR. FERNANDEZ: Yeah, this is one -- MR. STONE: Well, I just wanted clarification as to what -- CHAIRMAN STRAIN: I thought I was reading your language. MR. STONE: No. Well, everything is except for that word, "hidden." CHAIRMAN STRAIN: Okay. You normally would have caught that. MR. STONE: I didn't catch it. CHAIRMAN STRAIN: Oh, okay. Then this isn't your language, okay. MR. STONE: Just that -- everything is except for that one word. I wanted to talk about that, actually. CHAIRMAN STRAIN: Okay. What did you want to talk about? MR. STONE: Well, what we're talking about now. CHAIRMAN STRAIN: Oh. So you disagree or agree? MR. STONE: I think if you're relying on the Type B buffer being the obscurity, you can simply say "placed in the shrub installation" and rely on that instead of putting "hidden." Because if it's already required to be 80 percent opacity, then -- CHAIRMAN STRAIN: Okay. That works, too. Can you take out the word "hidden" and use "placed"? MR. FERNANDEZ: Yes. CHAIRMAN STRAIN: Okay. Let's go to 10. MR. FERNANDEZ: Number 10, the trees that are going to be planted along the north boundary, what we're proposing is that 30 percent of those trees, which would be canopy trees, be substituted with the county permitted three-per-one palms. This would give an initial thicker buffer, if you will. So you'll have three palms of 10, 14, and 16 foot clear trunks, and then one such grouping will be located immediately south of each off-site Indigo Lakes lot. And we've done the math so we know that that works out so that there will be one cluster, one grouping of palms substituting for one canopy tree behind each one of those lots. CHAIRMAN STRAIN: And will the grouping and spacing of these clusters be consistent with the LDC spacing requirements? MR. FERNANDEZ: Yes. CHAIRMAN STRAIN: Even though they're trying to match up to the Indigo Lakes lots, they're still consistent with the spacing required by the code? MR. FERNANDEZ: Yes. MR. STONE: And, Mr. Chair, one thing about that, is it going to be exactly 30 percent? I don't want to, you know, put you in a -- MR. FERNANDEZ: It's exactly 30 percent. MR. STONE: Okay. CHAIRMAN STRAIN: Okay. Number 11? MR. FERNANDEZ: Number 11, it talks about the kind of vegetation that's going to be utilized. March 15, 2018 Page 65 of 76 We've specified that -- our neighboring property owners have desired a specific kind of plant. We said that's fine. They've agreed to maintain those plants. Those are nonnative plants so, basically, we've said that those will not be placed within 50 feet of a preserve or abutting a preserve, but we've identified what those plants are. The specification is the same as what's required in a Type B buffer. CHAIRMAN STRAIN: Okay. And I believe you had Mark Templeton check this out, and he's satisfied with it, too. MR. FERNANDEZ: That's my understanding. He did review it, what I've heard from our planner. CHAIRMAN STRAIN: Okay. 12? MR. FERNANDEZ: Twelve is a -- three-tab asphalt roofing shingles are prohibited from being utilized in this. It is a significantly less expensive product, and so they desired a more compatible one from an architectural and value standpoint, and we agreed to eliminate that. CHAIRMAN STRAIN: Okay. And then the last one is? MR. FERNANDEZ: The last one, basically, goes back to the NIM as you and I discussed, that the site will not be developed as a rental apartment community. Our homeowners association was a little concerned with the change. We add "will not," and staff has put in there "shall not." I told them it's the same. I just want to put it on the record that it is the same language. It would prohibit in either case. CHAIRMAN STRAIN: Yeah. "Will not" means could start out that way and not change it, possibly. But I think "shall not" is better, so that works fine. MR. FERNANDEZ: That's fine. CHAIRMAN STRAIN: Okay. As far as -- MR. FERNANDEZ: And these would get incorporated right now. Our development commitments are 1 through 7. These would just be 8 through 13. CHAIRMAN STRAIN: Okay. And then the only other issue I have -- and I don't know if there's others after I get done -- is your master plan. And let me look at what I -- MR. FERNANDEZ: Can I show you the one that we produced based on the comments we received from you, and perhaps it will address your issues? CHAIRMAN STRAIN: Sure. Well, I know they won't, but that's okay. I've already seen what -- I've seen this, and the first thing I noticed is one of the things I didn't think you needed, but we'll get into it. MR. FERNANDEZ: Okay. Basically, it's a simplification of the master plan that we had. It eliminates any confusion of line (sic) weights being associated with individual tracts. Instead there's one single R tract that shows a general circulation or road depending on whether it gets platted or not. There's a note added, No. 7, that says the deviations are applicable publicly when platted. So, in other words, if we're not platting it, then it's just basically drive through and parking lot driveway. In the R tract description in that same table under comment, it now lists single-family, multifamily, or combination, and it may include a community recreational facilities area except within 125 feet of Indigo Lakes, and that is one of the other development commitments, I believe No. 5, that was already existing in our -- in our document. And then, finally, under the tract name where it says right-of-way, in the comments section, it's applicable when platted; otherwise, this acreage is aggregated into Tract R. CHAIRMAN STRAIN: Okay. Over on the right side, you've got that dissertation about the county designed, permitted, and constructed turn lane. That whole paragraph needs to come out. MR. FERNANDEZ: I'd defer to Scott Stone. He can explain. CHAIRMAN STRAIN: Okay. MR. STONE: Actually, I'd prefer that it's not in there. MR. FERNANDEZ: Okay. MR. STONE: I think -- okay. MR. FERNANDEZ: That's fine. CHAIRMAN STRAIN: Good. Okay. We're done. Thank you, Scott. At your table that you have at the bottom, you added a new line, and I had a question about Line 6. Could you magnify that a little bit so we can read it. March 15, 2018 Page 66 of 76 MR. FERNANDEZ: Is that good enough? CHAIRMAN STRAIN: Yep. Deviations applicable when platted. Okay. What is -- how would they not be applicable until you plat? What was your fear there? MR. FERNANDEZ: No. That was to clarify because, for instance, the dead-end situation doesn't occur in a non-plat. The sidewalk on one side of a road doesn't occur in a non-plat. The 42-foot -- CHAIRMAN STRAIN: That's SDPs then. MR. FERNANDEZ: Yeah. They all would not apply, and that was one of the issues I thought you raised in our conversation. So by putting that there, it allows this to be -- it's more clear that this can be multifamily or single-family. CHAIRMAN STRAIN: The last line of Note 6 -- MR. FERNANDEZ: Yes, sir. CHAIRMAN STRAIN: -- if you strike that, it doesn't change anything. So why would we have it there? It might confuse. "This requirement is not applicable for single-family development." If it isn't applicable, it's already not applicable by the code, then why would you need to have that last sentence there? MR. FERNANDEZ: Staff requested it so that it doesn't get dropped for clarify. That's something I can take out, but that was something that staff put in there. CHAIRMAN STRAIN: I didn't know staff -- MR. FERNANDEZ: I think that was the environmental and landscape, yeah. CHAIRMAN STRAIN: So it's Summer's fault? MR. FERNANDEZ: Well, I think this -- I think what Summer explained to me was that this was text that had been incorporated in other PUDs and, of course, if it's -- if it's single-family, it's not required, and then that tract never occurs. CHAIRMAN STRAIN: Right. So that's why I just -- I mean, it's kind of a moot point. I didn't know why we would add it as superfluous language, so... MR. BELLOWS: I think it's probably not necessary to put in there. It's a point of clarification, and it may be helpful to some reviewers down the line. CHAIRMAN STRAIN: Well, we can leave it in, Ray. I just tried to understand why it was there. I just couldn't -- MR. BELLOWS: It's kind of a point of clarification for future staff reviewers. CHAIRMAN STRAIN: Okay. Well, if we get that other stuff struck, I don't have any other questions on the master plan. So that takes care of that for me. Which takes us back to the end of the questions I have for now, depending on what the speakers may say. Does anybody else from the Planning Commission? (No response.) CHAIRMAN STRAIN: Is there a staff report, Tim? Thank you, Michael. MR. FERNANDEZ: Thank you. MR. FINN: For the record, I'm Tim Finn, principal planner. The project is compliant with the GMP and the zoning criteria within the LDC; therefore, staff recommends approval. CHAIRMAN STRAIN: With the changes you heard and the adding of the general uses section of the PUD, do you have any change in your position on the -- on this application? MR. FINN: No, we don't; no. CHAIRMAN STRAIN: Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: With that, is there any registered public speakers, Ray? MR. FERRARO: We have one speaker, Anthony Ferraro. CHAIRMAN STRAIN: Sir, if you could come up, identify yourself for the record, and let us know if you've been sworn in. MR. FERRARO: My name is Anthony Ferraro, and I have not been sworn in. March 15, 2018 Page 67 of 76 (The speaker was duly sworn and indicated in the affirmative.) MR. FERRARO: I'm here today representing Indigo Lakes. I'm a member of the board of directors, and I just want to say today that we are accepting the developer agreement with Rushton Pointe. CHAIRMAN STRAIN: Okay. So all the stuff that was read into the record you heard us just going over, you're fine with all that from your end? MR. FERRARO: Yes, I am. As a matter of fact, if I could just get a copy of the new language from, I believe, 8 to 13. Maybe Mike could provide that for me so I can give it to our attorney and I could discuss that, you know, with the rest of the board. But according to this, we fully accept the developer agreement. CHAIRMAN STRAIN: Great. Thank you very much, sir. MR. FERRARO: Thank you. COMMISSIONER DEARBORN: Mr. Chairman, quick question. So you speak for the entire board for Indigo Lakes? MR. FERRARO: Yes, I do. COMMISSIONER DEARBORN: It was unanimous? Okay. Just curious. MR. FERRARO: Yes, it was unanimous. We voted on it at the last meeting, and we fully accept this developer agreement, and I speak for the entire board. It was unanimous. COMMISSIONER DEARBORN: Thank you. MR. FERNANDEZ: Just a point of clarification. We've been working with Patrick White and Joshua Bialek of Porter Wright, and there is actually a copy of a signed agreement between the two parties, and Scott Stone was given a copy. CHAIRMAN STRAIN: And I just have a curiosity question. MR. FERRARO: Yes, sir. CHAIRMAN STRAIN: Why were you-all concerned about concrete or asphalt parking area and a backboard with a basketball hoop? And what was that big deal about? I just thought that was the strangest thing to see in the language. MR. FERRARO: No. The reason why we requested some type of a basketball facility, you know, with their recreational area is because we have a development next to us now called Brittany Bay, and they don't have amenities in their development. And it just seems like a lot of times, quite often, as a matter of fact, we get lot of kids from Brittany Bay coming into our development using our basketball courts, and we've had a lot of friction between our teens and people in our development with Brittany Bay. So we just thought that if Rushton Pointe has a facility like that with a basketball court, it just would prevent them from coming across and using our facilities illegally. CHAIRMAN STRAIN: So the kids at Brittany Bay will use their court instead of yours. Good move. MR. FERRARO: You never know, Chairman. CHAIRMAN STRAIN: I think they'd be better off paying for a court over at Brittany Bay, and then you both won't have to worry about it. MR. FERRARO: That would be a good option also. But that's the reason why we decided, you know, just to -- (Multiple speakers speaking.) MR. FERRARO: -- alleviate some of the traffic coming into our development illegally. CHAIRMAN STRAIN: Well, I appreciate it. That's a strange thing to add to a PUD. But if the applicant agrees with it, it's okay. MR. FERRARO: Yes. CHAIRMAN STRAIN: I just -- we never did it before that I know of, so... MR. KLATZKOW: And the curious thing is there's a school right there that has basketball courts, but they close it off to the public. CHAIRMAN STRAIN: Oh, do they? MR. FERRARO: Yeah, they do. March 15, 2018 Page 68 of 76 COMMISSIONER CHRZANOWSKI: That's why they call it a public school. COMMISSIONER HOMIAK: Tom's not here. We should bring that up. CHAIRMAN STRAIN: Thank you, sir. MR. FERRARO: Thank you very much. CHAIRMAN STRAIN: Appreciate it. Any other member of the public wish to speak on this item? (No response.) CHAIRMAN STRAIN: Okay. Michael, I think we've -- we don't have any other comments. I'm going to read several things, besides the small changes we talked about as we walked through the document -- MR. FERRARO: Yes, sir. CHAIRMAN STRAIN: -- I made a note of about five or six things. All buffers and lakes will be platted as separate tracts. You're going to create the general development section which will then -- you'll move those accessory -- community-wide accessory uses into that area. MR. FERNANDEZ: Yes, sir. CHAIRMAN STRAIN: You're going to have no underbuilding parking. No overhangs will extend into the utility or -- CUEs or PUEs. MR. FERNANDEZ: Or structures. CHAIRMAN STRAIN: Yeah, structure -- well, obviously, structures or overhangs. And then we're going to address the sidewalk issue on the 50-foot road cut section where it's missing. MR. FERNANDEZ: Yes, sir. One way or the other. CHAIRMAN STRAIN: And you're going to add the new development commitments as corrected by Mr. Stone and you've read to this panel. MR. FERNANDEZ: Yes, sir. CHAIRMAN STRAIN: Okay. Those are the changes I'm seeing. Now, as far as how we handle this, I'll leave it up to this board as far as what we're voting on. And then if we need to come back as consent so we have this wrapped up as a package or you want to do it any other way, I'm open to it. COMMISSIONER EBERT: Come back. Come back for consent. CHAIRMAN STRAIN: Does anybody want to make a motion? Let's start -- first make the motion on the changes, a motion -- if the changes are -- if it's to be approved with the changes, or whatever the Planning Commission wishes. COMMISSIONER FRYER: I'll make that motion. COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Okay. Subject -- both of you, subject to the conditions we just read? COMMISSIONER DEARBORN: Yes. COMMISSIONER FRYER: Yes. CHAIRMAN STRAIN: Let's start with that. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Second piece is, do you want this to come back on consent, or do you want to let staff handle it? Do you want me to review it before it goes to the Board with staff, or do you want to see it back here? It's up to you guys. But that would be the first item up on the next agenda, which wouldn't be until August -- I mean March 15, 2018 Page 69 of 76 April 5th. COMMISSIONER EBERT: Ray, can you get -- CHAIRMAN STRAIN: It's not that complicated. I just didn't know. I just didn't know what -- MR. BELLOWS: I don't believe a summary agenda's going to -- or a consent agenda's going to help too much in this case. It's pretty straightforward. And if you, as Planning Commission, defer to Mark on the final check, we're good with it. CHAIRMAN STRAIN: Well, if you just want to do that informally, I'll check it with staff before it goes back to -- COMMISSIONER SCHMITT: I'm fine with that. CHAIRMAN STRAIN: Okay. Good. There's no consent then. Michael, thank you. MR. FERNANDEZ: Thank you very much, all of you. COMMISSIONER SCHMITT: We have to vote. CHAIRMAN STRAIN: No, we did vote. No, we don't have to vote on consent. If we don't -- the only time we vote on consent is if we want one. That's what I was trying to poll everybody for. And that takes us -- done with our last really regularly scheduled item, and we have to go back to the other project, which is City Gate. And we got our orange highlighted copies in blue; blue and green and yellow. Still missed the orange. ***So let's go from that. And I'll just announce that we're returning to -- let me get the -- we're going to return for our afternoon discussion on Advertised Item 9A, which is PL20170002330, which is the City Gate Commerce Park Planned Unit Development, and PL20170002634, same project, City Gate Commerce Park, for the I-75 Collier Boulevard interchange. All those wishing to testify again, oh -- if you haven't been sworn in previously, please rise to be sworn in. Mr. Carmichael, were you here this morning early? MR. CARMICHAEL: (Nods head.) CHAIRMAN STRAIN: Okay. Then everybody -- Ray, you already were sworn in this morning, weren't you? MR. BELLOWS: That's right. CHAIRMAN STRAIN: Okay. Then we'll just go forward. Josh, let's walk us through all these changes. MR. FRUTH: Okay. For the record, Josh Fruth, Davidson Engineering. As Mark mentioned, the highlights are in blue. Sorry, Mark. I didn't have my Apple computer with me. CHAIRMAN STRAIN: Well, Microsoft should have orange, but that's okay. MR. FRUTH: They didn't. I tried. The first blue is on Page 10. I know that you guys do not have page numbers, so I'll walk you through this. It is Section 2.3. At the end we added "in all material respects" and removed the word "generally" per the Commissioner's request, after "shall." CHAIRMAN STRAIN: Okay. MR. FRUTH: The next page is 16. It's Deviation No. 7 where you're jumping to. Strikethrough on Deviation "see No. 12" being removed. Go to the next Page, 17, Deviation No. 8, we changed the word to "further Board of County Commissioners," and Deviation No. 9, in parenthetical, "to the surface area of the sign," we added "not to exceed 9 feet by 15 feet in display area." CHAIRMAN STRAIN: Now, do you want to make that in each display area so that you know -- because you're going to have one on each side of the sign. MR. FRUTH: Okay. CHAIRMAN STRAIN: I don't want anybody to mistake that, that's all. COMMISSIONER EBERT: Yeah. That's why you do the 350, right? CHAIRMAN STRAIN: Yup. March 15, 2018 Page 70 of 76 MR. FRUTH: Will do. CHAIRMAN STRAIN: Thank you. MR. FRUTH: Page 18. MR. KLATZKOW: Could we go back one second on 8? MR. FRUTH: Yes. MR. KLATZKOW: You said "further Board of County Commissioner approval"? MR. FRUTH: Yes, on Deviation No. 8. MR. KLATZKOW: Just so we don't have an issue, are we looking at three votes or four votes? MR. FRUTH: Do you want me to add that? MR. KLATZKOW: I'm asking, is this going to be three vote or four vote? MR. FRUTH: Good question. CHAIRMAN STRAIN: It's not a zoning issue. Well, it's in the right-of-way, but it's not a zoning issue. Wouldn't it be a three-vote? MR. KLATZKOW: It's going to be whatever you guys want to put into this document. COMMISSIONER EBERT: Five. COMMISSIONER CHRZANOWSKI: We get to decide for the Board whether it's three or four? No problem; two. CHAIRMAN STRAIN: You're going to open up a can of worms with this. MR. KLATZKOW: No, no, no. You could do it with three, or you could do it with four. CHAIRMAN STRAIN: It's a non-zoning change, so -- COMMISSIONER SCHMITT: It's not a -- it doesn't require supermajority. Three votes. MR. KLATZKOW: Just to avoid this issue: On majority vote, a simple majority vote. COMMISSIONER SCHMITT: Simple majority. MR. FRUTH: Okay. I'll note it "with simple majority vote" or "by simple majority vote." Page No. 18, Deviation No. 12. The bottom of that deviation we added the external projection sign limits. Bullet Point No. 1, lighted signs are allowed facing to the east, west, and south. Bullet Point No. 2, lighted signs facing to the north are allowed, cannot be taller than 25 feet, and cannot be animated. Bullet Point No. 3, up to three 15-feet-by-40-feet, parenthetical, service area signs may be installed for naming rights. Signs can be lighted but not animated. CHAIRMAN STRAIN: Okay. And the first bullet, since you were so nice to say it cannot be animated in the other two, can you just add that to the first one? MR. FRUTH: Yes. CHAIRMAN STRAIN: Then there's no question that none of them can be animated, so... MR. FRUTH: Okay. Okay. Jumping ahead to Page 20, which is Deviation No. 18. This language is similar to what's in Deviation 21, as we discussed a few hours back. It reads, "In conjunction with the off-site native vegetation requirements (See Deviation No. 21 in this document), the buffer requirements (acreage of typically retained native vegetation) shall be shown on the Site Development Plan application but may be relocated with the Site Development Plan amendment application in the future." CHAIRMAN STRAIN: And both of those references that you have, 21 as well, it needs to be on the first Site Development Plan application because then everything after that's an SDPA. MR. FRUTH: Noted. We'll add that. CHAIRMAN STRAIN: That also occurs in No. 21, so... MR. FRUTH: Page 25, Item No. 3 under the sports complex, 3B, we added the sentence that says, "The sports complex project shall not lease any property/facility to a professional sports team/franchise." CHAIRMAN STRAIN: And go ahead, Joe. COMMISSIONER SCHMITT: Just a question on that. This does not prohibit, though, if you wanted to have, I don't know, you pick, the South Buffalo professional softball team come in and put on a softball demo. They can't do that -- or they can do that, a one-time event. MR. FRUTH: Yes. CHAIRMAN STRAIN: Yeah. We clarified. March 15, 2018 Page 71 of 76 MR. FRUTH: The goal is to allow that to happen. COMMISSIONER SCHMITT: That's what I thought we had clarified. So this doesn't prohibit a one-time event, okay. CHAIRMAN STRAIN: If you look at that new blue, "The sports complex shall not lease or sell." We have a wheeler-dealer here in the county called Nick Casalanguida. If he doesn't find one way to get it done, he might try another. COMMISSIONER SCHMITT: He's got to get that money for the overpass, you know. That's the way to do it. MR. FRUTH: Noted. We will add "or sell" after lease. 3E, we also added, after weekday holidays, it now reads, "recognized by Collier County Government." The next page is 29; it's the height of the sports complex. Instead of "structure," it now reads "actual height" to match the defined term that's already in the document. Jumping ahead to Page 58, these are the SIC codes at the top. It would be Exhibit A-3, Page 6 of 6. CHAIRMAN STRAIN: Yeah. You didn't highlight the copy I've got at least, but I noticed you did it on the one you -- the electronic version I have isn't highlighted for that addition. MR. FRUTH: Really? CHAIRMAN STRAIN: I went and checked it. That's how I happened to find it. MR. FRUTH: It must be your Apple. CHAIRMAN STRAIN: It could be, yeah. COMMISSIONER CHRZANOWSKI: But these pages are numbered; 58 is numbered on the ones you gave us. The electronic version will be -- is numbered now. That was one of the things that we scrambled to get done last minute. So it is now. Under No. 2, which describes the uses, the bands, orchestras, actors and other entertainers and entertainment groups, we added the bullet point that says limited to 20 events, one per weekend. Above 20 requires a temporary-use permit. CHAIRMAN STRAIN: Okay. MR. FRUTH: Page 64, the required yard plan at the bottom, this was Scott's comments. We removed a comma, and we added a comma highlighted after the sports complex project and after yards, we removed. And Page 67, which was also the required yard, at the bottom -- or at the end of Item 2C, we noted the acreage, 0.82 acres, which is also shown on Exhibit A-6, Page 26 of 28, and that's actually supposed to be 25 of 28, so that will be corrected. CHAIRMAN STRAIN: Okay. MR. FRUTH: And that is it. CHAIRMAN STRAIN: Okay. Anybody have any questions? COMMISSIONER SCHMITT: No questions. CHAIRMAN STRAIN: It looks like it got cleaned up; very good. So we'll have to come back for a final reading on April 5th and then a consent after that in the end of April, and maybe we'll get to the Board before their summer break. Just kidding. MR. FRUTH: You need to look out that way. CHAIRMAN STRAIN: Yeah, I'm looking at Nick. I think with all the corrections and changes, that gets us going now. Now we just -- COMMISSIONER SCHMITT: Will that reread be in orange, though? CHAIRMAN STRAIN: It will be orange, yeah. COMMISSIONER SCHMITT: The correct color. CHAIRMAN STRAIN: Ray, do we have any registered public speakers? MR. BELLOWS: No speakers. Oh, wait, we do have one speaker. I'm sorry. We do have one. CHAIRMAN STRAIN: Okay. And I -- Nancy, did we ask you for a report this morning on this issue? MS. GUNDLACH: Yes, you did. March 15, 2018 Page 72 of 76 CHAIRMAN STRAIN: Then we got that. So let's ask for public speakers. Mr. Carmichael? MR. BELLOWS: Steve Carmichael. MR. CARMICHAEL: Steve Carmichael, and, yes, I've been sworn in, so thank you. Thank you for having me. I apologize for the way in which this went about, but I appreciate you letting me speak. To start off the bat, I want to say I'm 100 percent against this sports complex, and one of the reasons I am or the main reason I am is I'm 650 feet beyond their 85-foot wall. It's right in my backyard. I would assume that none of you would like that if it was in your backyard either. So I'm against that. And the other reason that I wanted to come up here and speak was I heard a couple of times today somebody saying that the public was 100 percent behind this. Not true. Everybody that was in the information meeting who were residents last year was 100 percent against it. So the public is not 100 percent for it, so I wanted to point that out. I'm now hearing for the first time that there's going to be concerts available, and I'm now hearing for the first time that Saturday night's going to go to 12 o'clock at night. Again, I'm 650 feet beyond this thing, and it's going to be right in my backyard. I don't want to be awake at 12 o'clock on a Saturday night, just my personal opinion. Traffic, that's been kind of a subject throughout the day on a number of different projects. You've used the term called vetted plan. I'm assuming that means that the traffic has been vetted for that area. CHAIRMAN STRAIN: Vested. MR. CARMICHAEL: Vested; I'm sorry, vested. CHAIRMAN STRAIN: Yeah. This is a DRI that came about back in what, 1980s sometime, and so all these traffic counts were approved at that time. MR. CARMICHAEL: Okay. I would really appreciate it if all you guys could be on the corner of that complex at 5:30 tonight and see the traffic backed up from Golden Gate Boulevard all the way back to where you cannot get in and out of my development, that development that we're talking about. COMMISSIONER CHRZANOWSKI: Excuse me. Where do you live? MR. CARMICHAEL: I live right behind the canal. COMMISSIONER CHRZANOWSKI: On the north side of the canal, Golden Gate Main Canal? MR. CARMICHAEL: Yes. That's where I live, right there. Literally, from what they showed us at that public hearing, the Planning Commission, I was literally 650 feet from their 85-foot wall. COMMISSIONER CHRZANOWSKI: And you're on a canal lot? MR. CARMICHAEL: I'm on a canal lot, correct. COMMISSIONER CHRZANOWSKI: Are you nearer the west end or the east end? MR. CARMICHAEL: I'm nearer the east end. I'm about four lots from the east end of that canal. 3270 31st Avenue Southwest, if you need an address. So it's literally right in my backyard. Against concerts never talked about before. Public use, I heard, you know, this is going to be great for our families and our neighbors because the public can use this. There are two other major sports complexes on Golden Gate Boulevard and on Santa Barbara that have all of these facilities and more. So I'm unclear as to why there's a need for this. So I don't know if there's been a study developed for this or what. But going back to the traffic, we're now going to add not only the 100 percent residents that are there, and now we have the seasonal residents, now you're going to be bringing 240,000 -- according to the article in the Naples Daily News, 240,000 new people into that complex over the year. That's a lot of traffic to be coming through that area. So, again, just a thought. And, finally, this isn't Field of Dreams. You know, if you build it, they will show. No, not necessarily so. I mean, that's just, you know, my opinion, and I'm just one guy. And I'm aware that chances are my comments mean absolutely nothing, but I wanted to put them on the record anyway. So I appreciate you having me up here. And do you have any questions for me? CHAIRMAN STRAIN: I just -- you had said there are two other facilities -- we don't have anything in Collier County that I know of like this facility. Where did you -- where did you find these other -- MR. CARMICHAEL: Right behind -- next to the sheriff's station, the -- right on -- it would be Golden Gate Boulevard right next to the Sheriff's Department. There's an entire sports complex behind March 15, 2018 Page 73 of 76 that -- behind the community center. CHAIRMAN STRAIN: Oh, yeah. But there's no stadium or -- MR. CARMICHAEL: Oh, no. There's no big stadiums, no, no, no. CHAIRMAN STRAIN: Okay. MR. CARMICHAEL: There's no big stadiums, but there's places to play and there's parks and -- CHAIRMAN STRAIN: Yeah, it's a community park. MR. CARMICHAEL: Yeah, community park areas; that's what I meant by that. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Thank you, sir. MR. CARMICHAEL: Thank you, all, very much. Appreciate it. MR. CASALANGUIDA: Mark, if I could, just to maybe help Mr. Carmichael a little bit, and put it on the record, we'll agree to a stipulation that says the stage side will face to the south. So if any amplified sounds, if the stadium's built and we have a stage side, we should plan to on one side, we'll point that to the south so that at least -- CHAIRMAN STRAIN: You'll put that into the PUD? MR. CASALANGUIDA: Yes, sir. CHAIRMAN STRAIN: Okay. MR. CASALANGUIDA: We've talked about it -- CHAIRMAN STRAIN: The position I basically have on this is that I think it's going to get approved because it was actually already reviewed by the Board, and there's a hint that they think this is a needed facility. On the condition that it is, the best thing we can do is put as many stipulations that are practical on it such as that. And so with the other stuff we did today, I don't know what else we can do to make this any better that would stick. So does anybody else? I mean, anybody have any ideas? COMMISSIONER SCHMITT: I would agree with you. I mean, it's sort of a -- I fully understand the issues. We've done everything we could to try and mitigate the impact, and especially with signage and other things, it's really -- you need to bring your issues to the Board of County Commissioners, because that's where that -- COMMISSIONER EBERT: That's where it comes. COMMISSIONER SCHMITT: -- that decision will finally be made. MR. CARMICHAEL: Let me know when the meeting is, we'd be happy to be there. CHAIRMAN STRAIN: Well, Nick or the staff -- MR. CASALANGUIDA: March 27th. MR. CARMICHAEL: March 27th. Here? COMMISSIONER SCHMITT: Yes. CHAIRMAN STRAIN: Okay. With that, Josh, do you have anything you want to wrap up with? MR. FRUTH: Just what Nick stated. We'll add that under -- it's on Page 25. We'll add Item F under 3, the sports complex project. CHAIRMAN STRAIN: Stages and sound amplifying music -- MR. FRUTH: Will face south. CHAIRMAN STRAIN: -- facilities will be facing towards -- will be directed toward the south. MR. FRUTH: Correct. CHAIRMAN STRAIN: Okay. Well, that's at least a beginning, so... Okay. There's not really any stipulations to read into it because everything that was going to be stipulated seemed to have gotten fixed. I'm checking right now to make sure there's nothing else. No. Oh, at some point there was going to be Dark Skies lighting. Did that get into the -- we've read this thing so many times, I want to make sure it's still in there. MR. FRUTH: It was read into the record two weeks ago. CHAIRMAN STRAIN: It needs to be added. MR. FRUTH: But it was not -- but I'll add that as the other -- under same page, 25. March 15, 2018 Page 74 of 76 CHAIRMAN STRAIN: You're going to stay with the Dark Skies outdoor lighting basics, which will be much better for the lighting system, and that was volunteered by you-all, so... And then there's staff recommendations. Do you have any objections to staff recommendations? MR. FRUTH: We do not. CHAIRMAN STRAIN: Okay. Then those need to be included as well. And we're going to have to review this one under both cases as EAC and Planning Commission for A and EAC and Planning Commission for B. So I want to make sure that we've got everything done. Ray, is there anything else from staff where you guys -- MR. BELLOWS: No. You've got it right. You have two motions, and -- CHAIRMAN STRAIN: Okay. So I'll call as the EAC the recommendation on -- this is for the PUD. PL20170002330, and the recommendation, if for approval, should be consistent with what's been read into the record and requested as changes that we've seen here today. COMMISSIONER DEARBORN: So moved. CHAIRMAN STRAIN: Made by Patrick. COMMISSIONER SCHMITT: Second. COMMISSIONER FRYER: Second. CHAIRMAN STRAIN: Seconded by Joe. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: That's the Planning Commission sitting as the EAC. The second one we're sitting as the EAC on is Item 9B. It's PL20170002634, and it's for the -- this is for the DRI portion of it. We discussed that the first time the original -- way back when two weeks ago when we heard it. Really, this is going to be -- this is consistent with that, and to that effect, that's the most the motion needs to contain. Is there a motion? COMMISSIONER DEARBORN: So moved. CHAIRMAN STRAIN: Is there a second? MR. STONE: Mr. Chair, there was language added at this meeting -- COMMISSIONER SCHMITT: Yes. CHAIRMAN STRAIN: Right. MR. STONE: -- to the resolution? Okay. CHAIRMAN STRAIN: The language that we discuss now to the point that it affects the DO is what we're voting on. MR. STONE: Okay. CHAIRMAN STRAIN: Okay. So we're approving the DO with any language needed to be changed as a result of this discussion. There's been a motion. Who does the second? COMMISSIONER SCHMITT: (Raises hand.) CHAIRMAN STRAIN: Joe did. Okay. By Patrick and Joe. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. March 15, 2018 Page 75 of 76 COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Now, sitting as the Planning Commission, Item 9A, PL20170002330. It's for the Planned Unit Development for City Gate subject to the conditions we heard today and the corrections passed out. Is there a motion? COMMISSIONER DEARBORN: So moved. CHAIRMAN STRAIN: Made by Patrick. Seconded by? COMMISSIONER SCHMITT: (Raises hand.) CHAIRMAN STRAIN: Joe. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Second Planning Commission vote will be on 9B, PL20170002634. It's the City Gate Commerce Park Development of Regional Impact. Subject to those items that pertain to the DRI as read into the record and discussed today, is there a motion? COMMISSIONER FRYER: So moved. CHAIRMAN STRAIN: Made by? COMMISSIONER SCHMITT: Second. CHAIRMAN STRAIN: Made by Ned, seconded by Joe. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. That takes us to the end of our agenda, gentlemen. So Item 10A is new business; there isn't any. Item 11 is old business. There's none listed. March 15, 2018 Page 76 of 76 Is there any other -- Joe? COMMISSIONER SCHMITT: Just the discussion we had about emergency management staff will need to come back and tell us when Dan Summers can come in and give us at least a rundown on the -- MR. BELLOWS: Definitely. CHAIRMAN STRAIN: And it would be a new business item, but please put it on an agenda or think about it ahead of time before we have a backed-up situation. MR. BELLOWS: We'll coordinate that on the agenda with you. COMMISSIONER SCHMITT: Yeah. You need to convey the concerns so he understands. If he wants to come in and discuss some kind of a program that he wants to move forward with, we're open to that as well. MR. BELLOWS: Yeah. And we've had extensive discussions with him already, so he's willing to work with us. CHAIRMAN STRAIN: Is there any public comment? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to adjourn? COMMISSIONER DEARBORN: Motion to adjourn. CHAIRMAN STRAIN: Made by Patrick. Seconded by? COMMISSIONER SCHMITT: Second. CHAIRMAN STRAIN: Joe. All those in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: We're out of here. Thank you, all. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. COLLIER COUNTY PLANNING COMMISSION _____________________________________ MARK STRAIN, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK These minutes approved by the Board on ____________, as presented _______ or as corrected _______. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. AGENDA ITEM 9-C Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: APRIL 19, 2018 SUBJECT: DOA-PL20160002727, MARCO SHORES/FIDDLER'S CREEK DRI (COMPANION TO PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT (PUD)) PROPERTY OWNER/APPLICANT AND AGENTS: Owner*/Al)plicant: FCC Commercial LLC 8156 Fiddler's Creek Parkway Naples, FL 34114 *Approximately 2400 residential units within the DRI have been sold to others. Agents: D. Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esquire Coleman, Yovanovieh & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 DOA-PL20160002727, Marco Shores Fiddlers Creek DRI April 4, 2018 Page 1 of 6 _ill PROJECT _ LOCATION Location Map J o T j CP UD A s Pins WINDING CYPRESS ATERS PUD NAPLES RESERVE ESORT GOLF CLUB (Ejn -C EK OACH R IJ NA A WALNU7=- +. LAKES F° A 6� `Jii '\ ES I MH PA ase - SITE PREsOPTV — LOCATION , &ES - _" c I au' A -M MM R F3 A - `. A M A -M u MARC.SHRSIFIOLR'S A -M _ CRK a• � A -M ' 31 .... ..- .. c � ( T P ApARCOSH,S CON -ST KCLUB PUD CON P A CON- SCI T CON -ST CON -ST CON Petition Number: PL20160002727 Zoning Map REQUESTED ACTION: The petitioner seeks an amendment to a Resolution amending Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek, development of regional impact, providing for Section One: amendments to the original Development Order 84-03; Section Three: findings of fact including revised legal description and correction of acreage; Section Four: conclusions of law; Section Five: effect of previously issued Development Order, transmittal to the Department of Economic Opportunity and providing an effective date. GEOGRAPHIC LOCATION: The subject property consisting of 3,932± acres of the Unit 30 portion of the Marco Shores/Fiddler's Creek PUD is located approximately 2.8 miles south of Tamiami Trail East (US 41) and on the east side of Collier Blvd. (SR 951), at the intersection of Fiddler's Creek Parkway and Collier Blvd., extending east approximately 2.9 miles to the intersection of Tamiami Trail East (US 41) and Sandpiper Drive, in Section 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29, and 33, Township 51 South, Range 27 East; and Sections 13, 14, 15, 21, 22, 23, 24, 27, and 28, Township 51 South, Range 26 East, in Collier County, Florida. (See Location Map on the preceding page.) PURPOSE/DESCRIPTION OF PROJECT: Fiddler's Creek, Unit 30 is a part of a larger Development of Regional Impact known as Marco Shores. There have been numerous actions since 1984. For the history of the DRI, please see Attachment C: RPC Staff Report. The petitioner seeks to amend the Marco Shores/Fiddler's Creek DRI DO Number 84-3, (see Attachment B) as amended, to: • Add two additional Business/Commercial sites to the Master Plan; • Increase the Business/Commercial development area from 33.62 acres to 55 acres; • Add a conversion of multi -family dwelling units to single family units; • Increase the Residential development area from 1226.89 to 1280 acres; • Re -designate 140 acres to residential development area and/or golf and/or lake area; • Make golf courses optional; • Allow golf course uses on the Estancia property and in section 29 in the parks development area; • Add two new access points on US 41 and move the project entrance to the east; • Add residential including adult congregate living facilities east of Collier Boulevard in sections 15 and 22; • Revise the legal description and correction of acreage in Section Three: Findings of Fact; and • Update the Master Plan (Exhibit FC -Al) accordingly. DOA-PL20160002727, Marco Shores Fiddler's Creek DRI April 4, 2018 Page 3 of 6 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC): The SWFRPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on February 15, 2018, with staff's recommendations that are shown below: "The Applicant has provided acceptable draft development order amendment language necessary to rebut the presumption that no additional regional impacts will occur from the changes. " RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity, and the applicant that the proposed changes do not create additional regional impacts. 2. Request that Collier County provide SWFRPC staff with copies of any development order amendments related to the proposed changes. (Please see Attachment C: RPC Staff Report). DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO): DEO has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report (see Attachment B), the proposed change in land use designation does not pass the threshold to be a presumption of a substantial deviation under Subsection 380.06(19)(e), Florida Statutes that states: 2. The following changes, individually or cumulatively with any previous changes, are not substantial deviations: m. Any other change that the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub -subparagraphs a. -k. and that does not create the likelihood of any additional regional impact. As noted above, the applicant is seeking to update the Master Development Plan and amend sections of DO 84-3. DOA-PL20160002727, Marco Shores Fiddler's Creek DRI April 4, 2018 Page 4 of 6 Staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any state or local comprehensive plan provisions. Staff recommends approval of the DRI Notice of Proposed Change believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition DOA-PL20160002727 on March 26, 2018. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of Petition DOA-PL20160002727 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Attachments: Attachment A: Proposed Resolution Attachment B: RPC Staff Report Attachment C: Future Land Use Consistency Review DOA-PL20160002727, Marco Shores Fiddler's Creek DRI April 4, 2018 Page 5 of 6 PREPARED BY: A kk NANCY L C�AICP, PLA PRINCII' PL ER ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: /-?., >�_� 6 &==== - RAYMO ELLOWS, ZONING MANAGER ZONING IVISION-ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION APPROVED BY: MES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT DOA-PL20160002727, Marco Shores Fiddler's Creek DRI March 22, 2018 Page 6 of 6 DATE 3A -3 18 ATE 3 -?o -IN DATE 9-a4 r> DATE DEVELOPMENT ORDER NO. 2018 - RESOLUTION NO. 2018- A RESOLUTION AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK, DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS TO THE ORIGINAL DEVELOPMENT ORDER 84-03 TO RETAIN THE RESIDENTIAL DENSITY OF 6000 UNITS AND TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER'S CREEK; AND TO INCREASE THE BUSINESS DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES; AND TO ADD A CONVERSION OF MULTI -FAMILY DWELLING UNITS TO SINGLE FAMILY DWELLING UNITS; SECTION TWO: AMENDMENT TO MASTER DEVELOPMENT PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1226.89 TO 1280 ACRES; TO RE -DESIGNATE 140 ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA; TO ALLOW THAT THE REMAINING GOLF COURSE MAY BE CONSTRUCTED WHEN FEASIBLE ON THE ESTANCIA PROPERTY OR IN SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO ADD TWO NEW ACCESS POINTS ON US 41 AND MOVE THE PROJECT ENTRANCE TO THE EAST; AND TO ADD RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15 AND 22; SECTION THREE: FINDINGS OF FACT INCLUDING REVISED LEGAL DESCRIPTION AND CORRECTION OF ACREAGE; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13,14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18,19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20160002727] [17 -CPS -01707/1402212/1] 98 Underlined text is added; Straek-threuO text is deleted. Fiddler's Creek -- Marco Shores DRI PL20160002727 3/22/18 Page I of 8 Attachment A WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-3 (the "Development Order") on June 12, 1984, which approved a Development of Regional Impact (DRI) known as Marco Shores/Fiddler's Creek Development Order; and WHEREAS, FCC Commercial LLC (hereinafter "Developer") submitted a Notice of Proposed Change for the Marco Shores/Fiddler's Creek Development of Regional Impact ("DRI"), and petitioned the Board of County Commissioners of Collier County, Florida, to amend the Marco Shores/Fiddler's Creek Development Order, Collier County Development Order 84-3, as previously amended by Resolutions 84-237, 88-117, 89-149, 96-333, 96-530, 98-49, and 2000-458, only with respect to the Fiddler's Creek portion of the Marco Shores/Fiddler's Creek DRI/PUD; and WHEREAS, this amendment is intended to amend Development Order 84-3, as previously amended, as it relates to the Fiddler's Creek DRI portion of the Marco Shores/Fiddler's Creek DRI/PUD; and WHEREAS, Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., and Wayne Arnold of Q. Grady Minor & Associates, P.A., representing FCC Commercial, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend the Development Order; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on ; and WHEREAS, on the Board of County Commissioners, having considered application of proposed changes to the Development Order, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 117 -CPS -01707/1402212/11 98 Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Underlined text is added; Stmekt#rettgk text is deleted. Page 2 of 8 SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02, AS AMENDED Portions of the Marco Shores/Fiddler's Creek Development Order 84-3, as previously amended, as it relates to Fiddler's Creek, are amended as follows: A. Section 1 of Development Order 84-3, as amended, is hereby amended to read as follows: Section 1. That this Resolution shall constitute an amendment to the Development Order issued by Collier County in response to the ADA filed by Deltona, previous Notices of Proposed Change and the Notice of Proposed Change filed by the Developer for a portion of Unit 30, which is a component of Marco Shores, a Planned Unit Development, Isle of Capri Commercial Area and Key Marco (Horr's Island). The Fiddler's Creek portion of Marco Shores shall consist of 3,932 acres, 6,000 dwelling units, 33-.6 55 acres of "Business", open space, golf courses, lakes and preserves as set forth herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA, prior amendments approved for the development, changes approved herein and the supporting documents which be reference are made a part of composite Exhibit `B". B. Section 2 of Development Order 84-03, as amended, is hereby amended as follows: A. That the real property which is the subject of the ADA and Development Order 84-3, as amended, is legally described as set forth in Exhibit "A", and Exhibit "FC -C1", the legal description for Fiddler's Creek , which is attached hereto and by reference made a part hereof. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Horr's Island all of which are a part of the Marco Shores PUD. Fiddler's Creek consists of 3,932 acres: 3000 multi -family Units, and 3000 single-family dwelling units [17•CPS•01707/1402212/11 98 Underlined text is added; Stmek thFough text is deleted. Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Page 3 of 8 for a total of 6,000 dwelling units at a gross density of 1.53 units/acre (The number of single family dwelling units may be increased by converting (2) two multi -family dwelling units for each single family dwelling unit above 3000 single family dwelling units ; business sections; sites for parks; recreation areas, Collier County School Board property; utility facilities; community facilities; preservation areas; and lakes; and roads. The Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by the Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. Horn's Island is 212.89 acres, 300 multi -family dwelling units at 1.41 units/acre with parks and recreation area. C. Section 4.D.1 entitled "Project Development and Recreational Facilities" of Development Order 84-3, as amended, is hereby amended to read as follows: 1. Project Development and Recreational Facilities: The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar -in -function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "C" and Fiddler's Creek Exhibit "FC - AI", Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the PUD document. The Marriott golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is used primarily for the recreational use of their guests. Secondarily, residents of Fiddler's Creek will have access to this course on an as -space -is -available basis, and the public may have similar access. The additional remaining golf course(s) in Fiddler's Creek shall may be constructed when feasible on the Estancia property as shown on the Master Development Plan or Section 29 to serve the golf club members and residents to seFve the saffeuadi*g reSidentig) ufflits. The additieRal remaining golf courses, if , and community center (includingtennis ennis facilities) shall be privately owned facilities and may be constructed on the designated sites in conformance with the [17 -CPS -01707/1402212/1198 Underlined text is added; Stmek-threugh text is deleted. Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Page 4 of 8 development needs of the project. Neighborhood parks, bike trails, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for subsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 84-3 have been dedicated to the Collier County and previously accepted by The Collier County School Board. Developer has traded property outside of Fiddler's Creek to the School Board for some of the property owned by the School District in Fiddler's Creek. Neighborhood Parks will be dedicated to the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Community Facilities Sites in Fiddler's Creek will provide a location for the construction of public facilities, which may include a sheriff's sub -station, fire station, library site and emergency medical services. These Community Facilities Sites will be dedicated to the County at the County's request. D. Section 4.E.2 entitled "Recreation and Open Space" is hereby amended to read as follows: 2. Recreation and Open Space: a. Developer will construct neighborhood parks and bikeways as shown in the Marco ADA as amended herein and in the PUD document. These recreational facilities will be dedicated to the Fiddler's Creek Homeowners Association or Community Development District for the use of residents of Fiddler's Creek. Developer wi44 may also provide sites for numerous other recreational facilities, including golf courses and tennis facilities, as shown in the Marco ADA and Exhibit "FC -Al" herein and in the PUD document. These facilities may be reserved for use solely by the residents of the Fiddler's Creek Development and their guests. The Marriott's eighteen hole golf course in Fiddler's Creek will be used primarily for the recreational use of their guests. Secondarily, (I 7 -CPS -01707/1402212/1) 98 Underlined text is added; Stfuekthreagh text is deleted Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Page 5 of 8 residents of the Fiddler's Creek area will have access to this course on an as-space-is-available basis and the public may have access on a similar basis. The additional golf courses, recreational facilities and tennis center will may be constructed when feasible on the Estancia Property or Section 29 to serve the residential The recreational facilities and tennis center may be dedicated to the homeowners' association or the Fiddler's Creek Community Development District ("CDD"). SECTION TWO: AMENDMENT TO FIDDLER'S CREEK MASTER DEVELOPMENT PLAN The Fiddler's Creek DRI/PUD Master Development Plan, Exhibit FC -Al, is hereby amended by Exhibit FC -AI attached hereto and incorporated herein. SECTION THREE: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment, consists of 3,932 acres is legally described as set forth in Exhibit B, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)l., Florida Statutes. The applicant submitted a Notice of Proposed Change, attached hereto as Exhibit C and by reference made a part hereof, to the Regional Planning Council, the State Land Planning Agency and Collier County. C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION FOUR: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not [I7 -CPS -01707/1402212/1198 Underlined text is added; Stmek t1wee text is deleted Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Page 6 of 8 require further development of regional impact review. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(e)l. and Section 380.06(19)(e)2.m., Florida Statutes, and therefore it is not subject to the public hearing requirements of 380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5. SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-03, as previously amended, shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this [17 -CPS -01707/1402212/11 98 Fiddler's Creek — Marco Shores DRI PL20160002727 3/22/18 Underlined text is added; StraslF &ough text is deleted. Page 7 of 8 This Resolution adopted after motion, second and favorable vote. Done this _ day ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko ^� Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, Chairman Attachments: Exhibit A —Master Development Plan, Exhibit FC -Al Exhibit B — Legal Description Exhibit C — Notice of Proposed Change, provided in part 117 -CPS -01707/1402212/11 98 Underlined text is added; StwekAfeagh text is deleted. Fiddler's Creek — Marco Shares DRI PL20160002727 322/18 Page 8 of 8 EXHIBIT "FC -C1" FIDDLER'S CREEK LEGAL DESCRIPTION OAU im Yu? 1111) A parcel of land, lying is SCOT10Ns 22, 27, 24 and it, TOWNSHIP S1 cONTg. CANOC 26 fAll' Collier county, deride. btJng sore PartiWlarly described a follows, Commence at the Northwest corner of said Section 22, thence run SU•SS11069 along the North line thereof for a distance of 123l.So teat to an lnt4r■4ctlot with the carterly night of way &Ftbe at State need Iia. M es ceevavad r- ._ ...__. ssia int•re•etaen Doing sea ro•N7 OF tt0lt0#fNO of thi pitiil ei Saha 4grolAaCt•r described,. thence /ot•39130•N along old tar tally night of Nay &Find at State goad Ne. !S'2 a distance of 1571.11 Ca t! thane- leaving Paid taeterly night of way line, AIa6±naihe[ 125.79 Costs of ncs J140030l Chino tante of 16 a' 1 t'Of 1 a distance of hence 522,1 thence f distance o a 01.19fe t thence lesti thence distanae1•f a dtse a02a of 101. if Cedr thence SO7,16,34.g.0. a (*at; to of 159.01 L"1 [Meda tanbast • dl■Cane• of hence Coot! thence distance a • 409distanceg Of 124.40 jestt thence distance Of a distance et thence (e*Cl thanes s6 S•43'ie•f a 108.47ee et Uheni he2ce thence NI2•02'11^t • 04.27ne■ of IOL 4e MO -2t. thenad distinct6 f r djItinc3feet, he IOLf7 feeti thence neo^atn3162 6 distinct of 47.33 teat! thence distance of a 1.40 Cos of Sonnei feet) ehanea NdP/0nce•t • 2.22 el 1!1,10 !Sete thanes Na distance a distance 0l 1f1,2t hence thanes S410330 0261 a dietan-3 ah 275.46 111,7 thence fhosa6Ve4 • dl04 to Of thence lute them 117:!'tl•t • 1 103,83 e• of to.04lad,) tn2ne2 a distance a dl•t+ne+ tri th ct dot 2:509 a Nstance of • 7 Coatis of ac,76 Sep a dist nee oft9^[ a distance 0[ 37.17 Leap Chant• s/a •ti'Oi^i ■ Cod hoed oL fa.!] fast# thence 831051'17.1 7 distance of 35-.10 fedtt thence fe3e45'03.1 a distance of 4a.21 teat, thence S54637-4dtatana•of S3.7f Coat! thence M74,56-13-9 these•W53030-51-1 a Se toff a distance of 64,15 resp thence sdistance O t d1145nta of hence Lce1! 4-v a fiatafteo of a 0.56ant• el thence ;6101 thence a00gtance a d11taSa of 1thene [sett thence h0distancew • dlat►•a ot# thence Leet; thence N10.7istanc • f 112.9 of I06.10 left! Cheng 9770S21e2•9 a distance eL !!thea Leet! thence distance ■ .53 Coati Of thence Nall thence ale:1'23•[ doati thence of IOinha 11541 thence Mace of 1 a dl■tCc a of 31,17 .(sett thence Ndistance Of 7-12•,.4 et fences Cc as tbtn a distant$ Of a dt■t70C* o[ ,tient tap 144-2• Nldistancef a 141.05 C of 294 03 fsep thence Ni distance a Shies• of thence !11433 •1h4ntf N7]•distanc • f0 of feet; thence hence thence Nf7.47 lest a distance et !linen, feet tbma NII.Oibl•f a 9.4taec4 Of 313,07 to cl chane• NSd•stancet • 2 0.43 C of athenc Co4,i t4•nca N]d•sY17R • distance of th l.t! tett' ChM.• NN• Haan a distance of asters Lente thana• Mead' "77121-10-C • distance of 101ST Leetf/ ,bones "77121'10^i A distance of 117.54 fear' thence N41.7ls1c4 h distance of 102.86 Laap/ thence N15715113•f a distance of is.07 hang. N67•1/n2t•t a distance of 61.26 teat# thence 16^9 a distance of 77.37 Satj thence t19019,19 -S a e of 267.17 feet! thence 024033.46.2 a distance of so; thence 823156450-11a distance of 36.61 Coati thence 17% a dlIten0e e9 111.77 heat! thence 241414'20^w a I of 110.67 fest$ thence 914051-01•W a distance of SIAS hence 224.17017^1f a distance o2 71.66 f4•tt %base* S7•t a distance of 32.16 fest, thence 576*1402SsS a enter 1 or 11 Exhibit B Page 1 of 20 AGENDA ITEM No r? G _ C ; 12 2070 pa.1� 3 UH: Mb ei: U114 Al acne. of 1tl .74 tats tMnee s07•00•66•t a distance ' 151.19 read than,, s64.29-y4't a distance of 116.60 Cea: thence 063013.27.9 a dtatanet of 112.71 teat thea. 0144]6.024 a distance Of 220.03 clefs th*pt4 a210ti•10'g distance Of 172.00 testy thence 01533-00-9 a distance c 163.32 [eats thence $14*44•26't a distance e[ 126.03 Cast then$@ 11740;4.12'9 - a distance or U S.O9 feat$ thong x47034.174 a distance of SS -93 dot$ thence 143200a•43'Y disteaea'of 09.72 Coati thenee.N310IJ'6/'Y_a d/ttaneG of 106.1 distance o3 11f as scant saenw aeevv'H'a '"since 09 13.9 [eats thence a53•i7•S1'3 a distance oL t16.09 cast 240.52.26.9 a distance of 123.01 [Ceti thence 8310t; -12.0 distance OL 115.06 [eats thence 262.19-3609 a distance a 165.81 [eats thence 6614116S00g •a distends Of 121.60 feet thence 239.49064.3 a distance et 115.37 [Gots these 014.50.36.3 a distance of 91.11 [Cat) thenen N24024•63 -C distance Of 91.8] Intl thsnea x60.32'39.5 a diet CC of 267.0 Leets thence x60.21.60.3 a distance of 176.26 dot thenen W31053,11609 a distance of 411.S3 [eats sheens ssa•13'26.9 . distance of 963.Os Leas thanes s19009 -1o•5 a distance of 96.3: tests thence 202s43•22.11 ■ distance of 121.00 det2 thee,. a 13.15-07-V a di3tanee of 159.06 facts thence a20'at'Is"y s distance of 119.01 Leets thence 237619•10•V a dls taped of $$$ $a [oats thence 877004'65•w a distance Or 521.57 tests thenen 443'14•14•W a distance of 401.51 coati thence xee'of•30•w a distance of $4.49 [sets thence 894.07•16'V e distanea of 46.31 Coati thence 541.2]'21'w • dist•nee of 11.09 feety.thenca SlIP10406'V a distance OL 174.79 [eats thence 904.12'S6'w a distance of 15].70 taaty •thence 200•26•31•C a distance ,f 131.06 feats thence $01.57.13'3 a distance of $2.02 Leas thence 505.32.11•9 a distance of 73.70 teas thence • 939.42.26-V a distance Of 10.13 fent! thence 075024.24•V & ' distance of 513.63 Leets thsnea M MS4 19-9- a distance of 78.04 Laep thence "14.31-46-v a distance of 292.71 fent) thence f fast, 16-Y a distance of 11.34 [eats thenen 1175002.30'1 a Idistance at 201.42 fasts thence 1436007•11'V a distance Of •145.3t Leet; thence 1163.14152'V a distance of 100.36 feet, -thence H70•16`01 -V a.d2gtanc4 of 52.37 fact) thence x75011.47.9- 'a distance Of. 139.12 Lase thence Nes_-161694V a dlstaneS Of thence a10042•]l`R a distance7of 51.3S fasts etAemq 234• •ties 3] IS•Y a distanea Of 236.73 Leets thence $02033117'W a distance of 304.11 Leets thence 930001114-C a distance Of 194.40 feet; thence 601.31.06.1( a distance of 139.21 fasts thence 524007.25.6 a distance of 317.35 faethanes 80739.573 a distance Of 619.63 [eats thong* SOS•lltestp']3'S • dSaanta e( 11.69 x7PS9-44.9 a thence $ distance•t 4 of 84.50an faasce Lthsaea0 Coati Np049• 39-9 'thence distance of 166.94 feats thanes N54e4012S•9 a distance of 155.01 tea; thence 217.04.49-9 a distance of 113.90 -Leets thence $75.30.01.9 a distanea at 392.54 dots thence 276.07419`9 a distance of 194.37 [eats thence 1453.12.33.2 a distance of 17,.41 feats things 1471*11-31-9 a distance of $3.20 feett thence SBS•53.26-S a distanea of 92.30 feats thence 203027•.30'3 a distance of 124.94 Leets thence N69034010•2 ■ distance of 100.70 Lea, thence NS5S�•]2•22•3 a distance. of 144.01 Leets thence 1432-33'174 a Vist•nea of 235.03 test; thence 1133014.22.9. a distance of 199.06 Cup thence x49-31.02•3 a distance of 111:62 Coati •thence N10609.314 t a distance at 96.61 feats thine* N14.03103•E a distance of 2&3.36 2faetj thence71e39.46K a xdiaanga•ofa 9011%•n[ atiLthonea6 a660OS•01t thencea distance 0C as so feet, thence 4]2.29-S0'S a distance of 136.26 coati thence NSs 20.15.9 a distance -of 1006.12 coati thence NO/•tS'07.9 a diaacce of 121.76 teas thsscs 1114001130.5 a distance Of 76.03 [eats thance-cel!56'il•3 a distance of it.$$ feats thence 662022'15.1 a distance of $1.06 [oats theses DC 12 2000 PQJLJ�, Page 2 of 20 OR: 2656 PG: 0715 !31-33'IIsi a distangt of 99.72 fate thenet swoi-ol•1 i dl scene• of ISM tests ehenea 220*24'ol•V a distance 419 97.27 `lest; thence $44430114.9 a ' distance of 119.11 tact! thoeCe 1142457'4949 a _distance at ta.l? teK7 •Ch*nes Mif•32po4•s a e..n... . 4.... ... c a ..neo• 7f Ca•t1 tfien a 1156o53'00•V a '.a RICO04.21-W a distance of a dfotanad Of 61.64 feat; these I teett thence Xes637104.9 a • 103.17 Coati thence s33427920et a distance of 41.12 feet$ thence $01407111.1 a distance Of 176.02 tact) I these• 637.10'59•E a distance of '90.42 foot) thence 659.52 000C a distance Of .213.94. feet) thane* S40450.360C a diet ova of 200.!0 f•ael thence 60141'104V a distance of 221.5 L*at$ thane• 944425443.9 a distance of 177.22 feet; thence $37.17`04-9 a distance of 174.66 tests thence 919441' 9.9 a distance of 234.47 facts theme• 6S1.43112•, a 41st nee at 113.6S f*etl thence 946041039-t a dictance of 77.2 feet! thence S32429'75•9 a distance of 87.9% feet/ thence 1113. 7`014, a distance of $4.43 festl theme* 11S1,436.024C a dist, me* of 133.39 tests thence 1116.04102.E a distance of 17.41 fd7t) thence 567.01'53.0 a distance Of 111.38 tests �thomeo 94540&'34.9 a distance of 2560.60 tests thanes 1129.52' 4.9 a distance of 13.21 feet) thence N27030'00•C a distance of 16.22 feet$ thence N23435.58•1: a distance of 4&.09 factsthence X2140444.9 a distance of 96.19• felts thence X69444' 2.11 a distance of 31.61 (Ceti thence a75.26'364V a dlstahce of 1St.66 fatty thence 1109.04111.11 a distance of 117.33 (tat) r thence N1240N14•E a distance of 74.75 feet) thence X464 3043.9 a distance of 74.31 teats thence NIZ•46051-V a dicta ce of + )2.43 tuts theme& N194SS133.W a distance of 74.92 feat; those• .;32431'57.11 o distance of a3.42 !oats Chance •s614ap 4.11 a . die tame* of 97.23 fest) thence NSS-02-17•V a distance of 75.03 lest! thence H' 6-19133-W a distance of 105.50 Pests thence 1069.41424•N.a distance of 95,20 Coati thence X32401' Pc a distance of 61.54 (Ceti thence N01412'06.11 a dicta ee of 153,38 featt thence H34 -23156•S a distance of IO6.a0 toot) thence 1110.53'24.11 a distance of 140.47 teats thence 1122.37141-9 a distance of S1.13 facts thence N3701P 0-9 a distance of 162.44 facts theme* X3943310249 a dlstades of 116.01 faetl thence 1109102112.9 a distance of 105.72 1 fasts thence H04039.51•W a distance of 137.13 pet) ItMoca M20.30133 -C a distance of 147.93 teats thence X0349'2 1C a distance of 141.33 toot) thence M17.32107•V a ditto n.a of 360.04 fa4tl theme* X15413139.11 a distance of 140.97 Ifast) thenad 110040S10•11 a distance of 73.02 fast) thence X2503 13S4, a distance of 96.53 pati thence 1131422121.9 a distan a of 73.73 teats thenen 140.21141-9 •.distance of 52.93 feed hdoes 801.53133411 a distance of 316.69 tut! these* S12433121-9 a distance of 120.72 tett tbenea $93.39053.9 a distance of 64.07 Gets thence 544052133-9 a distance of 34.42 pati beaee $30.29159.9 4 distance Of 71.14fast) thence $3741610 V a diitanee of 10.11. teats thane• aa$,44113!•V a distance of 71.60 flail thence 925423143111 a distance of 103.06 Cacti ' benne 810e361204V a distance of IOS.37 fasts- thence $10.67.1 9 a distance of 107.10 (esti theme* 642.25024.9 a distan�c of 116.91 tuts thence 901419117411 a dtstanea of 34.66 Ifsets theme& $60.16.33.11 a distance et 106.48 feats encs 82342.39.11 a dlatsnes Of 130.40 Gats thene9 $08.3444 9 a distance of 45.1! Cuts %hoed $20039143•t a distance O I.19 fats thence aaS•.1113519 a distance o[ St/.23 pees an Ca ae&•28'10•9 a dSCtames e! 201.60 tut to an lntoreeetion 11itb the test Line of aforesaid section 241 these* N00.1S120't long said Last Section Line a diatanei Of 4476.41 fest to Cha Page 3 of 20 11K -4(i DEC 12 2200000 P`.� �4 5 Baa• &yjy CV• V$AW ALSO A parcel of Sand, lying in atortiald 6CCMOH 21, TOWNSHIP 51 60VTH• "Not 26 M.T. Collier County, rlarlde, being more Particularly described as 'fallaxn Comeance at the Nartliasst corner of said Section 2b thence run 900413'284V along the Cast section hint thereof for a distance of 4679.5[ feet to the POINT at ScorworOo of the parcel of land herelnatter dtsortbadl thence H1101214409 a distance of 66.92 feet) thence 069428-31-V a distance of 91.34 (Anti thence 665405'504W t distance of 60.86 fast{ thence a7as39,42•W a distance of 11.41 feet$ thence S46s31.31•U a distant, of 76.76 [anti thence 854045120-C a dlatan0e Of 42.73 flail thane, x1011102-9 a distanceo[ 71.73 feet$ thence 913047042•C a ,distance of 17.0feet(• thence 093027432st a distance of 64.66 (eetl thence N14.31 -67-C a distant, Of 92.73 fact{ thence 00-15122-C a distance at 43.2I Cast to the Point of Lginninp. ii ALSO Parcel of land, lying to aforesaid 6CCTIOH 24, TOWNSHIP 51 SOUTH, RMOC 24• CAFT, Collier County, rlerlda, being more particularly deaeribad as foiloxat Commanae at the Northeast corner_ of ald Section 24, thence run- of 47720.51VfeatOtotthe C►02NT Of OW2NN(NOheta the for a distance land Parcel of land feat$ hereinafter deetrtbeill12 thea distance Of a diatanan of encs [anti thence sdiVance of d05L fee OC thence Left$ thence distanceC1 7 distance thence 71.05 03-54 thence ance1of40'L a distance oC )7.35 Cue$ them 916x03'101 • distance aC a211.60 nent, feet$ thence 534i5 6,39stant* o d410.92a ea 136.99 faatl them Neginning'L a distance of •170.!2 [Ane to Me mint of -Beginning. ALSO s c P ! 12 2000 Page 4 of 20 Pg.— Vii; colo M; Vill !or a dlatance at 400.00 fret$ thence N01e35'13-c tar e distance of 106.01, feet to the Point of* N411nninT. ALSO The Northeast Quarte; (NC 3/11 of the southeast tot 1/4) of SECTION 11, TONHEHTf 31 600TH, hANOC 26 CAST, C0117ar County. rlorlda. ALSO The Southeast Quarter (SC 1/4) Of the Southeast Quaeter (tt 1/4) of SECTION It, TOWNSHIP $1 SOUTH. SANOC NL GST, Colllar County, rlorlda. ALSO shevast sonNail (N i/21 of the Northeast Quarter (NC t/41 of Northeast 4 SOUTH, SANOC 26 CAST, County, rlacida,l4, TOWNSHIP Sl . 1 ALSO The South ona-Hail IS 1/2) of the Northeast Quarter INC I/Il of SCCTrON 14, TOWNSHIP SS SOUTH, Was 26 CAST, Collier County, rlorlda. ALSO The South ona-Half (a 3/I) of the Northwest Quarter (MW 1/4) of fiCCTION 14, TOWNSHIP $1 SOUTH, NW6E If LAST, Collier County. rlorlda. Also ( {11(,e Northwart Quarter (MW 2/4) of the southwest Quarter (SV • 1/t) o! SXCTIOH 14,, TOWNSHIP 11 SOUTH, MNOC 24 GST, Collier county, rlorida. _ ALSO 6 The Northeast Quarter (HC 1/4) of the Southwest Quarter law 1/4) of SECTION 14, TOWNSHIP SS SOUTH, MNOC 26 CAST, Collier county, rlorida. ALSO The southeast Quarter (SC 1/4) of SECTION It. TOWNSHIP al SOUTH. RAMCC 26 CAST, Collier County, rlorida, and the South and -Halt (S 1/21 of the pauthwest Quarter (SN 1/4) of SCCTIOH 14, TOWNSHIP 51 SOUTH, 1WIOC 26 CAST, Collier County, Tlorfda. ' ALSO The Cast One -Half (9'1/2) of the Southeast Quarter lar 1/4) Of the NOrthaatt Quarter (NC. 1/4) of SECTION 15, TOWNSHIP $1 SOUTH, SANOC 26 CAST, Cot It or county, rlorida. ALSO 4N The Nest one -Halt (N 1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (HE I/4) at SECTION 15, TOWNSHIP 51 SOUTH, MHO, 26 EAST, Collier county, Florida. ' ALSO The cut one -Halt IF 1/11 of the southwest Quarter (SW 2/4) of the Northeast Quarter IM 1/4) of SECTION 13, TOWNSHIP 31 .SOUTH, SAHOC 26 CAST, Collier County, rlorlda. DEC 12 2000 Page 5 of 20 ��� va. LvJu.cu. v;au ALSO .The Nut One•Ndf IW 1/21 of the southwest ouster ISW 1/41 me the Northeast Quarter INC 1/11 69 SECTION 1S. TOWNSHIP $t SOUTH, NANOC 26 CAST, C0111er County, rlorlda. LESS AND CCCtrTINO TNE4trnON All that part of SECTIONS 14 and IS, TOWNSHIP $l SOUTH. PUCE 1! CAST. Collier tOunty, flor14a. being sore P4rt3CWl4rly ascribed as fe13oN41 Coamanelog at the NOrthweEC Cerner Of gold SECTION 14, thence Along tht West Lina of laid SECTION 14, 00611'420W 1394,16 feet • to the North Llne of the South 1/2 Of the Northwest 1/4 of said SECTION 141 thence continue along said West Lime, 0001414104 $25.02 feet to the, POINT Or SCOINNINO Of the pared herein daserlbe4; thence lasing said West Line. $40652'4609 ISS.30 flat; Ebeling 177026'42-9 242.54 feat/ thence 0S90341409 204.02 teat; thence ES1e3143•E 243.60 9eet1 thence 4520S/ -340t 171.02 (set/ thence 9160344YW 146.3/ feats thence Southwesterly 3453 feet &long the Are at a circular curve concave to the Northwest, having A radius of 270.00 feet, through a, central ugly of 7011'76• and being subtended by a chord which bears 630031'33eW 34.50 feat!thongs 324018-21-W 67.46 9at1 thence N61644409014$2.42 feats thenen S39021'S90W 114.34 feet$ thence W 911057°30• 240.26 Patti thence 919024°530% Kati thence 924036.39'9 121.37 feet$ thence 112046133-9;12"2.46 tbenes - S14049-SI0w 311.45 tut; thenea 019029t270W 310.91 coati thonee 915020012.9 166.10 Leet$ thence E62039'SO•C 716.93 tat$ thence s40e16'SO-C 129.47 featf thence ra3630'030E 65.67 tats thane• SIS -32.32-C 117.41 feetl thence Southeasterly 100.22 feet along the arc of a circular curve concave to the Northeast, having a Tf4lUa Of 130.00 flat, through a central angle of 2/037'11• and $ 4{{Ing subtended by a ehord'i,hlah bean .26001131.9 19.43 feet) t1'ienee B46641004•W 22630 (Asti thence 515-32'.29-M 142.19 eaati thence NSOOSI-54•V 741.16 Kati thence 014024033.9 54.46 [nett thence 1449640414•W 217.63 ttetl thence N0019.460t 113.00 feat$ thence 059440'140[ 350.00 feet$ thenen along a line which Ilan 230.00 feet Easterly of and parallel with the West Line of said SECTION 24, A00190460t 1741.56 feet) thence Northerly, Northwesterly end Westerly •437.01 feet slant the eke of a circular curve 00neAve to the Southwest, having a radius oil - 290,00 feat, through a central angle Of 810260210 and being ■ubtanded by a chord which bun H44023121 -W 394.04 Leat) thence NIS -04-35-W $31.47 resp thence 959e36-22eW 69.21 feet) thehee H36020,55.w 20o.00 Seep thence N1S039-340W,73.43 9aet) thence N06461010C 411.99 Kest) thenea sq 013,5300 50.00 feet) thence 58444-664V 175.00 [esti thence 841023,5201;751.25 fest to the POINT Or OCOIWNINO at the peril hareta described) bearings are based en Florida -stats Plane Coordinate System, rlorida test tonal . ALSO LEES AHD %CC%PT n All that part of SECTION 14, TOWNSHIP 51 SOUTH, SANOt 26 EAST, Collier County, rlorlda, being mora partleularly 4eseribad as follows Contaneing at the Northwest corner of said 0aCT70W ".thence along the West Line of said Elation 14, 60018'410W 1m 0li flat to the North Line of the South 1/2 of the Northwest 1/4 of said SECTION 141 thence continue along raid Wert Line, 800140410W 520.02 fret( thence leaving said goat Line S000S244001 103.30 feet; thence 0720340460% 143.56 fst2 thenen'AS$-34,14-9 204.02 fest; than. 031.714709 245.00 recti thence 032099'3404 243.40 fat to the POINT or S60IWI3NO at the parcel herein dascribe4l Page 6 or 20 R NO.. --12 -C DEC 12 2000 va_L`L= - i 357.41 Cefacts thanes sae12423 3-C L`e911.7tan chance t0ethia, aouthvestlrly $04.01 Leet along the arc Of • pea-tangestl circular curve concave to the southeast, having A radius , 2010.00 feet, thr00011 a aent0al 811911160t 341058.129 and boli subtended by a chord which bears 1136@0014-11 $02.14 tui thence 037.01'60"v $24.12 teat! thence seathwestorly 415.4 Leet, along the ara of • circular curve cane W4 to If southeast, having a radius If Some toot. throvoh a gamer, the are of a circular curve concave to the Ne44��Must throvii i central angle of 37-'00$06- having a radiva•o[ 170.00 fast and 4 • being subtended by a chord which boars N44e0213S-W 162.24 feet/ 'thence 0415432-32-W 111.30 feats. thence HS1e11-4909 $3.43 feet# thanes 11401slao•L 23e.6a coats thence NS -13-34.9 2So.06, Coats 4 thence 1121422•S1 -E 314.61 Coats thence N42e1H IS -a 256:14 coati 6 thence 1470311466W 272.31 (Met) thence 1461g3'30 -v 363.13 feats : thence )i43007•S10v SSS,70 tests thence N3104N SSW fsS.1S goats - thence 110003103•W 76.23 feat) thence 1124e1112189 03.46 tests thence Northeasterly 42.20 teat along the are of a circular curve concave to the Northwest, having a radius of 330.00 goat, through a central angle of 7-19434- and being subtended by • chard which bears 020633.33-C 43.17 fast thence RIC -3.3-t 12: VA, LWV tu. Vlpli All that part of 6CCTION It. TOVwaWIP 61 8OM# AAMC 26 tASr, Collier County. rlorida, beang earn particularly described u rel lwu Commencing at the Northwest corner of $aid SCO 1011 141 thence along the West Line of said 8tCTION 14 80.18-42-w 1396.76 tent to the North Line of the South 112 of the Northwest 114 of sold , 6CCTION 148 thence along said North Wnc. 289e28-16-9 1361.45 teat# thence Leaving 0614 line, 510318500W 260.00 tact$ thence •$$020'1009 and para11e1 with said North Line 1920.22 facts thenea 863035-29-C 1096,99 feet to the POINT Or sCO2NNIN0 of the eared herein destribed$ thenen continue along said llhe South 42035421-C 145.61 tact$ thence leaving said line 3authessterly 183.76 tut along the arc at a •tangential • 'circular merge concave to the Northeast, having A radius of Q 1$0.00 fast, through a central Angle of 166311020 and being R subtended by a chord which bears. 872.46000•[ 114./7 fee is a thence 66105643106 $83.31 feet$ thence [0635'53-6 2304.08 food thongs 267042'01-W 47.0 Is tJ thane 964.05131-V 311.21 tent, thence 611001'40-W as , 15 feat$ thence 83/049'-44-V 424.5] feet, 3 Northwesterly 616.40 teat along the Ira of a tangential circular Gurus concave to the southwest, having a radium of 4050.00 fact through a central angle of 04+44153• and subtan4ed by a chord which bears 051635444-V 617.10 Leet) thence leaving said curve H56658-12-11$92.53 feats lhenee Northwesterly, Northerly and, Northeasterly 74.54 Leet along the are of a tangential circular curve concave to the Northeast, having a radius of S0.00 Loot, through a central angle e6 50-00'00• and b aidg subtended by a chord which bears North 13056'12-W 70.71 It ml thence Saaving said curve 83180t'468C $3.12 facts thence Wart at.,, 479.42 test along the ere Of a tangantlal circular curve concave to the southeast, having • radium of -1!50.00 tut, through a eantral angle of 14005'12• and* being a ,tubtended by a chord which hurt N31604'2f06 479.22 teat#' hence 6343-07'00-C 477.15 tents thence Northeasterly 717.92 i ,fe:t &long the ate of a tangential circular curve concave to ha routheest, having • radius of 1200.00 feet through a •Central angle of 36011116- and belnq subtended by a chord which burs 1163012.34-C 745.31 toot; thence leaving void curve Net -1411609 356.55 feet; thence Northeatterly 293.[8 feet along the are of a..,tangnntlal circular curve eaneavi to the Northwest, having a radius of 1050.00 feet, through a central angle of 19408-04- and being subtended by a chord which boars 6373014'tM 294.70 foot to a paint of reverse curvatures thence Castarly and southeasterly 36.49 feet along the arc of a tangential circular curve goncave to the south, having a radius of 23.00 tut througha. eo ntral angle of 93038109- and being subtended by a chord which bears 573000'-43'4 33.34 facto thence 331-11'42-r 32.43 teat, thence Southeastern and southartr 63.46 fact along the ate of a tangential circular curve concave to the southwest, having a radius of 170.00 fact, through a central angle 'of 210230230 and tiding subtended by a chord bears --,/20-30-00't,63.10 feet, thence 673001025-W 132.22 thence 241046127.11 374.54 Last$ thence 642046'26011 223,61 thence 661001143-W 207.66 Leet# thence 674002'31-W 177,60 uan 631024131-W 170. thSa tuts thence s45047413 -W 144.17 thence 902444440-9 42.01 Leets thence 041.17'02.9 149,04 thence $54012410-C 193.24 Leets theneerh77011'03-9 212.64 thence 14$5019'190C 172.71 Lasts thence 024646140-9 231.71 thence 1433052'15'6 272.36 toot$ thanes N37003'560C 272.40 thence H34-49011-9 1311.2t Last; thence 1132632-09R 246.91 thence M40655013-6 50.33,femt, thence 033044029-V 93.74 thence 144/-33132-W 154.93 tut; thence Northerly Northwesterly 113.17 Leet along the arc of a nee-tAnai circular gums concave to the 40uthwest, having a radii 130.00 toot, through ■ central angle of 28.11'330 and eubtendad by a chord which beers N17005'53 -V 112.03 thence N31•ll'420W 31.84 test to a point of curvature. th, AGUZA ITLM 140�2L DEC 12 2000 P2.ISO Page 6 of 20 ' sea: ioao ru: urct „ 1 Northwesterly. Northerly and Northeasterly 29.46 toot along the I re of a tangootsal circular Servo concave to the cut, havim a radius of 23.00- feet, thrw h a central Angle Of 10039'11. and being subanded by a eh*r� Meeh boars Nlt•02•SS'•C 35.11 Cost to a point of reverse eurvatural theme* Northeasterly 421.06 feat along the arc e9 a tangential cired4r curve •concave to the Northwaft having a radius of 1050.00 test through a central angle of 23.06'31" and being subtimded by a chord whteh bears M47.47113 -C 414.11 teat to the POINT Or sLOINNINO of the parcel heroin described) bearin0e are based on rlorlda Stet* Plane Coordinate system, rlorida East tonal • ALSO LOSS AN0 srCSPT ' That cortata parcel of land !y}nq in and being a 'part or section 22, Township $2 South, Range 26•Raft. Collier County, florid&, being more particularly described as follows Commence at the Northeast corner of said section 214 themes run WISH 51•M, ■loop the North line of said section. a dist,... of 491.41 feat to the POINT of stafNNINO of the parcel of land hereinafter daecribeelt thence continue Ha M& %,ew, along the. North line of 1414 6ectlOn, a distance of 11214.19 tut$ themed' leaving said Section lin•, run 201.01'09'N a distance of 571.69 feat$ thence run S34100'21•C a distance of 154.S2 feet$ thence tun NSI.59131°C a distance of 97.46 fact to the point or curvature or a circular curve to the right having 4 radius or 14030.00 festj thence run Northaasterly along the are of laid eurvs, through a central angle of 21.52111•, a distance or $15.26 feet to the point of tangencyl thence run N74•SI'30•t a distance of 490,01 feet) thence run N13.OB•16•M • distance of 3x.74 feet to the Point of 0aginninq.cecsall 1 ALIO LCS2 ANO SYCSPT. 111'at certain parcel of land -lying in and being a part of sections 22 and f4, gownship $I south, Range 26 taste Collier County, floridi, being mora particularly described an fellows commence at the Northeast corner of Bald section 231 thence run NIS•SI1530w, along the North line of said Lection 23, & distance of 211.01 tato thence leaving said sectlon line, run 319•46'43eM a distanpe of 111.61 fe4tl thence ram 350•12'11•t a distance of 1,513.63 feet$ thence run 339.46'43•N • distance of t,050.00 feett thenct run s36.13017•C a distance of 30.00 foot to the POINT or. BCOMNINO o! th4 parcel of land hereinafter described; thence continue sS0.1.3 17•C a distance of 729.73 east, thence run 039.46143•[ a distance of 706.62 raft$ thenen run N5O•l3'l7`N a ,distance of 739.75 feet; thence run 839.44-43•w a distance -of 706.62 feet to the Point of Beginning. 1CCSx2l ALSO LESS AND xxc1FT MO.-,- -,- DEC DEC ' 2 2000 P2.__� SL Page 9 of 20 ' Vp, LVJV SV, VIL4 •' That cact■to parcel of land lying to and betng a part of section 22. Township at South. Ian414 26, Cast. Collser County, rlerlds. being ware particularly AesettOtd at fell"41 Cepnenea at the Northeast corner of said leetfen 221 thenen run at. di {once lof'1,674.60th$*its rtlhlencihleavings x$414 Section run 901901.09111 a distance of iST.44 teat to the POINT or • ■c02NNINO of the Parcel of land h■refnatter described,' thence continue sa4eol'01111 a distance of -13.71 Coati thine* 03400002199 A distince of 151.32 Coad More 9S1069'39111 a distance of 249.11 feet to the point at curvature of a circular curve to the right having a radius of 150.00 tests thence tun C southwesterly along the are of said curve through a central ? • angle of 19607'329 for a di■tanco of 111.11 Cast to the and of O a said curves thanes run 1116632'69011, radial to the last C duertbed curve, for a distance of 101.10 Gat, thence C 1130034419-9 a distance of 111.26 feett thence NO9e10.00111 a distauee of 104.SS Coots thence 1110043.55-9 a distance of ' 166.12 Court thence me ,23-25-9 a distance of 177.71 teat; thence H03 --54-C00394/,24/11 theof 126.�runCN1Si00'9S0M e4 0distanc a0fa117.09e a30 costs thence distance of 133.0S (#Ott thence 1117622140111 s distance of 97.90' feett thence 113461940/9 a distance of 57.32 foots thence 11101444131t a distance of 114.61 tests thence H72g714096 distance of 130.39 Coats thence X42-11.03.9 a distance A 351.21 Coati thence M17•44 -12-C a distance at 141.11 feet to the Point of saginntho.fCC9231 ALSO LCIS AHD 4YC9PT That certain parcel of land, lying in Sections 24 and 25, ppwnship 51 South, Sange 26 Cast. Collier County, deride. more particularly described as fellows, i f,ins Cooenea at the Northeast boundary corner of said Section It. ' thence along the tastyboundary of said Section 14 s0061S•2e'w distance of 4.476,41 fact to a point on said boundaryl thene7 leaving said Cut boundary 088-29110-V a distance of 201.60 teat; thence HIS -19135-V a distance at 164.21 feats thence 1420931943111 a distanae of 92.59 gifts thence H06e S4' -t1911 a ' distance of 15.19 feati thence H73 -42 430-C a distance of 130.40 fasts thine. 040419131•C a distance it lO6.la feet thenea N016169176C a distance gt 34.66 foots thence 1142629'24111 a ' dlstanea of 119.91 feet; thence X10007'11111 a distance of 107.10 feats thane* W -16'20•C a distance of 105.37 feet; things H25122143 -C a distance of 103.06 Coati thence H29946'394 a distance of 75.SO Coati thence 113701V094 A 41stanco of $0.11 foots thane@ 1110619159111 a distance of 79.14 Caatt'ihence 1144052132111 a distance eC S4.42 tests thence N93e31131.11 a distance of 96.07 Coats thence N62433924911 a thence 114041.45^11 • distance or 92.99 teat to the sIHNSNO of the parcel at land hereinafter described; 2-211W a distance of 73.72 tests thence XIS031'33•% of 93.92 fasts thenea soo"S 49.2 a distance of thence 315913,19111 a distance eC 140.97 Gats 3210799 a distance of 190.04 Gott thence a distance of 142.33 fostt thence S20930153111 a 147.11 Coat; thence 904059151•11 a distahea of thence 109901'12.11 a distance of 109.72 Leet; 33'02111 a distance Of 111.13 ,featj thence a distance of 162.41 Coati thenea 413e37'429W a 51.13 tuts thence s10093'3t1C a distance of 140.47 136923159.11 a distance of 109.10 ;oat/ thenea a distance of 153.51 Casts then"! 931609s9•11 a 62.54 feats thence 1169946124.9 a distance of 16.29 Nn.__i2-[_ DEC 121000 Page 10 of 20 , P2- LI :- 11 . YVVV owl VeaV coact thence 816414071.0 a distance at /01.so Case$ thence distance 7of 67.111 clot# thence.N]2411-51'thence distance a Coast thence st4413tl3'0 4 distance of 24.9Staneo at 91,42 512444'51.0 a diatanee of 32.43 testy Ih*ne4 ffR, thenen distance of 71.51 test) thence 512404-34-11 a distance Oat coq 75 Corti thence 409404'17.0 a distance at Ili.ss toot,, thence 573425454.4 a distance of IS1.44 feet$ thence th444'S2.5 s distance of 11.61 (tett thence 521.40144.11 a distance of l6.I1 Corti thenco 421435054.5 a distance of 45.01 feet, the ;4e 1127430000.11 a dtatanco of 44.22 Coati thence 21462454.5 a distance of 05.21 to 'to thence 545401'14.11 a distance at thence ss9644432.=es A distance andistance.4 of 345.00 fent, tut, thence • 044004010-9 i die tanee of 149.11 feet, thence 571401'Si•5 a distance of 424.44 fut7 thenen 561423'17.0 a distance of . 447.94 Costs thence 1119644433.5 a diotenoe e( 244.73 Cut thence. 1100616'21.5 a distance of 141.70 foot to the point nt Less and except therefrom property conveyed to Hoard of County Commissioners of Collier County, Florida, as recorded in official -Records (look 1755, Page 361, AN More particularly described as follows: ' +A1Ahat VA# of the 27orthaaat 114 of saotion Ls, Township 51 South, Ranges 25. East, Oolllar County, Florida and being morn particularly doaoribed as follows; Commencing at the Southwesterly most corner of Championship Drive, Marco Shores unit 10 Golf course, Plat Hook 17, Pages 96 through 1O3, Collier County, Ploridal thence along the southerly lino of said Championship Drive south s9 degrees -13.•820 East 35.40 last to the Point of Beginning of the parosl heroin described; thence continua along said lino South 09.degrees- -•111-520 East 109.79 teat; thence leaving said line South 00 47refts -S8f.-420 Hest 151.94 feet; thenoa North 86 degrees -074-06 Hast 110.00 fest; . thence Horth 00 dagqtteas -13-430 East 147.96 feat to the Point of Haginning. a Page 11 of 20 0 AGtI,ZA I7i:fA 40-- -4 -C- DEC DEC ' 2 2000 Pa. 53 ..0 SCHOOL SITE NO. 1 Legal Description OR: 2656 PG: 0124 That certain parcel of land lying in and being a part of Section 22, Township 51 south, Range 26 Sast, Collier County, Tlorida, being more particularly described as follows: Commence at the Northaast'cornar of said Section 221 thence run N 88•SV51" W, along the North line of said eeotion, a distance of 462.41 fast to the POINT OF MINNINc of the parcel of land hereinafter described? thence continua N 88.58.31" W, along the North line of said Section, a distance of 1,214.19 feetr thence leaving said Saction line, run 8 01.01'09" W a distance of 971.59 fast? thence run 8 38'00.21" E a distance of 154.52 feetj thence run N 31'59'39' 8 a distance of 97.46 feet to the point of curvature of a circular curve to the right having a radius of 2,050.00 feet; thence run Northeasterly along the aro of said curve, through a central angle of 22.52111", a distance of 818.26 feet to the point of tangency; thence run N 74.51.50" S a distance of 490.03 test; thence run N 15.08110" W a distance of $38.74 feet to the Point of Beginning. Containing 23:60 acres, more or lass. P Pegs 12 of 20 At:t.I%;iA Il'cM� Wa 17 � DEC 12 2000 ? OR: 2656 PG: 0725 MULTI -FAMILY SITE ,Legal Description That certain parcel of land lying in and being a part of Section 22, Township 51 Sputh, Range 26 Beat, Collier county, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 221 thence run N 88.5ePSI" W,•along the North line of said Section 22, a distance of 1,676.60 fest] thence leaving said'Section line, run S 01.01109" W a distance of 157.84 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue s o1'olvoon W a distance of 813.75 feet; thenoe s 38'00121" E -a distance of 154.52 feet] thence S 51'5913911 W a distance at: 286.11 feet to the point of cuivature of a circular curve to the right having a radius of 950.00 feet] thence run Southwesterly along the arc of said curve through a central angle of 19.0713211 for a distance of 317.11 feet to the and of said curvet thence run N 16'52.4911 W, radial to the last described curve, for a distance of 102.10 feet; thence N 30.3411911 W a distance of 149.24 feat] thence N 09620000" W a distance of 100.55 feet; thence N 10.4315511 E a distance of 146.72 feet; theikoa1 '04.2312511 E a distance of 177'.72 fast; thence N 03.3015411 E a distance of 126.7p feet$ thejice N 03'48.2419 W a distance df 117.09 feet; .thence run N 15.0014511 W a distance of. 135.05 feat] thence N 17.22!4011 W a distance of 97.99 feet; thence N 54'39''40" E a distance -'of 57.32 feet] thence N 80.14013" E a distance of 114.61'feat; thence N 72.37040" E a distance of 130.56 feet; thence N 82.37001" E a distance of 151.24 fastj thence N -- 77'4411211 E a distance of 141.11 feet to the Point of Beginning. Containing 13.20 acres, more or less. f, DEC 12 2000 pa• f SS Pape 13 of 20 ' A . . OR: 2656 PG: 0726 That portion of the South 1/2 of the South 1/2 of the Southwest 1/4 lying East of State Road 951, Section 15, Topnship 51 South Range 26 East, less right-of-way for State Road 951 described In that certain dead recorded in Official Records• Book 1166; pages 1070-1071, of the public Records of Collier County, Florida. Page 14 of 20 t0 HN—J-7 c DEC 1 2 2000 OR: 2656 PG: 0727 LBOAL DBSCRIMON A parcel of laud located in a portion of Section 13, Township 51 South, Raoge 26 But, Collier County, Florida, being more particularly described as follows: Bevin at the Southwest comet of the Southwest onequarter of Section 13, Township 51 South, Range 26 But, Collier County, Plorida; thence run N.00"25148"W., along the West line of the Southwest one-quarter ofsaid Section 13, fora'dlahnce of 1,424.99 feet; thence maN.89056'520B., for a distance of 2,599.20 feet; thence run S.00"0038"W., for a distance of 652.56 feet thence rum S.89"1728"B., for a distance of 1,605.24 feet; thence run S.88'52'17"B„ for a distance of 1,185.93 feeh thence roe S.00"23'21 "W., for a distance of 826.75 fat to a point on the South line of the Southeast one-quarter of said Section 13; thence run N.88 059'33"W., along the South line of the Southeast onequartuoffor adistance of2,661.04 feet to the Southeast comerofthe Southwest ono - quarter of said Saction 13; thence run N.88 °58'40"W„ along the South line of the Southwest one- quarter no-quarter of said Section 13; for a distance of 2,713.39 feet, to the Point of BegjnUjW,.containing 139.183 acres, more or less, !' Page 15 of 20 NarfZL DEC 1 2 2000 PI *** OR: 2656 PG: 0728 *** IF ( 7.1 MI -):1,,- 14 1' A pared of land located in a pordm of gwdcgm 13, Towoehip 51 South, Fm90 26 HaL Ocilla County, Flodda, being mempertietdndy demihed as follows: Rain at the Southwest comer of The SoutbwM,cmegoartr+ of Sagan 13, Tomuhtp 51 Sood+, Range 26 East, Collier County, Florida; theswe rim 2L00'23V8'W, along due War Une of the fora distaaee02,599.20 feet; thmccnm&00'atrsg-W, iota ounce 01 WA -10 rear, mmac rue S.89'1728"E., for a distaaecof 1,605.24 fee>;dunoo eon 5.886STI7'B., foradistanct of1,18593 feat; thence um S.00.23,21'W, for a distance of 826.75 fat to apomt on the South rme of the Southeast onequaner of said Seodon 13; thence stmN.88.59'330W, along the South line of the Southeast on"umterof&r adistance of2,661.04teetto the SoutheatcomoroftheSotdhwest 0110 - quarter of said Secton 13; thence nm N.88'58'40'W, along the South line of the Southwest ono - quarter of said Section 13; for a disingee of 2,713.39 feet, to the Point oflieainninc: emtaiainS 139.183 aces, more or less. F� v FNcL /9L C 12 2000 Page 16 of 20 1 P1'1 5 (DY Associates) �� OR: 2656 PG: 0706 The West l✓ of Section 13, Township 51 South, Range 26 East, Collier County, Florida Parcel 2 All that part of the East h of Section 13, Township 51 South, Range 26 East, Collier County, Florida, lying southwesterly of the right-of-wayline ofUS 41. Parcel 3 The West %a of Section 19, Township 51 South, Range 27 East, Collier County, Florida. --parcel 4 All that part of Section 18, Township 51 South, Range 27 East, Collier County, Florida, lying southwesterly of the right-of-way of US 41; LESS the following described parcel; Commencing atthe southeast comer ofSection 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the southerly line of said Section 18, North 89°34'04" West 1939.73 feet; thence leaving said southerly line of said Section 18, North 00°31'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right-of-way line, South 54°20'43" East 2371.72 feet to the east line of said Section 18; thence along the said east line, South 00°31'32" West 1271.82 feet to the southeast comer of said Section 18 and the Point of Beginning. Subject to easements, restrictions, and reservations of record. Bearings are based on the southerly line of said Section 18 as being North 89034104" West. Parcel contains 294.00 acres more or less. LESS AND EXCEPT that property described on Exhibit "B" Page 17 of 20 Lqb.e4,hereto A(9th;;F i1'F.1A 4M-L7_C:_ DEC 12 2000 �._(S *** OR: 2656 PG: 0707 1t LISGALDESCRIFMN A parcel of had located in a portion of Section 13, Township 51 South, lunge 26 Bast, Collier County, Florida, being more particularly described as follows: 13 n at the Southwest oomer of the Southwest one-quarter of Section 13, Township 51 South, Range 26 East, Collier County, Florida; thence tun N.00°25'48"W., along the West line of the Southwest o ie-quarterofsaid Section 13, foradistanoeof 1,424,99 foot; thenoorvAN.89.56'S2"E., fora distance of 2,599.20 feo5 thence run S.00.00'38"W., for a distance of 65256 feet; theace run S.89.1728"E., for a distance of 1,605.24 feet, thence nto S.88°52117"B., fora distance of 1,185.93 feet; thence run S.00°2321M, for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13; thence run N.88 °59'33"W., along the South line of the Southeast one-quarteroffora distance oft,661.04feettotbaSoutheastcornerofthbSouthwest one- quarter of said Section 13; thence run N.98 °5814011W., along the South lino of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet, to the ZdOjMfBegnniM containing 139.183 aeM more or less. Page 18 of 20 DEC 12 2000 The SE % ofthe NE % ofthe NE'/, Section 14, Township 51 South, Range 26 East, Public Records of Collier County, Florida. Subject to easement for road purposes over the south Stay (50) feet and the east Fifty (50) feet thereof. Page 19 of 20 �c�rWi i1.li DEC 12 2000 Pi•JI4— '•r LEGAL DESCRIPTION: THE WEST ONE—HALF* OF THE EAST ONE—HALF OF THE NORTHEAST ONE—QUARTEF _ OF THE NORTHWEST ONE—QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH,.' RANGE 26 EAST, SITUATED AND LUNG IN COWER COUNTY, FLORIDA. AND THE NORTHWEST ONE—QUARTER OF THE NORTHEAST ONE—QUARTER AND THE ' EAST ONE --HALF OF THE EAST ONE—HALF OF THE NORTHEAST ONE—QUARTER OF THE NORTHWEST ONE—QUARTER OF OF SECTION 14, TOWNSHIP 51 SOUTH, 'RANGE 26 EAST, SITUATED 'AND LYING IN COLLIER COUNTY, fLORIDA " AND THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER: THE SOUTHEAST ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER, LESS THE WESTERLY 100 FEET THEREOF; THE SOUTHERLY 124.29 FEET OF THE NORTHWEST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER, *THE SOUTHERLY 12.4.29 • FEET OF THE NORTHEAST ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER, LESS THE WESTERLY 100 FEET THEREOF: ALL IN SECTION 11, TOWNSHIP. 51 SOUTH, RANGE 26 EAST, .SITUATED AND LYING IN COLLIER COUNTY, FLORIDA. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE 'SOUTHEAST ONE—QUARTER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE, 26. EAST, COLLIER. COUNTY, FLORIDA, AS BEING S.88'20'44"E. ENVIRONMENTAL CONCERNS, 'WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY, HAVE NOT BEEN LOCATED ON THIS SURVEY. LEGAL DESCRIPTION WAS PROVIDED BY CLIENT. PROPERTY AREA: 157.074 ACRES, MORE OR LESS. THIS PROPERTY WAS VACANT ON 6/21/99. THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL -OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED' T0: GULF BAY 100, LTD WOODWARD, PIRES, do LOMBARDO, P.A. CHICAGO TITLE INSURANCE COMPANY I 'HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 6/21/99.1 FURTHER CERTIFY THAT THIS SURVEY -MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER: 6IG17-6, F.A.C. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY •, t / P.S.M. #5628 THOMAS M. M RP Y STATE OF FLORIDA Page 20 of 20 AGL,Nu Al"i;.M DEC 12 2000 PQ. / 4oz- Exhibit C FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40:010, FAC. Effective 11-20-90 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional plamming agency, and the state land planning agency according to this form. 1. I, Aubrey J. Ferrao , the undersigned owner/authorized representative of FCC Commercial LLC, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380,06(19), Florida Statutes. In support thereof, I submit the following information concerning the Marco Shores/Fiddler's Creek development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. Z4 % 7- 17 4 1�' Date Signatur Aubrey Ferr , as President and CEO ,ef FCC Commerc al, LLC, and not 1�" individually Page I of 2. Applicant (name, address, phone). FCC Commercial LLC 8156 Fiddler's Creek Parkway Naples, FL 34114 239-732-9400 3. Authorized Agent (name, address, phone). D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 warnold@gradymino r.com R. Bruce Anderson Attorney at Law Cheffy Passidomo, P.A. 821 5th Avenue South, Naples, FL 34102 239-659-4942 rba nderson@napleslaw.com 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Collier County, Sections 11, 13, 14, 15, 21, 22, 23, 24, 26 & 33 / T51S / R26E; and Sections 13, 14, 15, 21, 22, 23, 24, 27 & 28 / T52S / R27E; and Sections 18, 19 & 29 / T51S / R27E. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Summary of Proposed Changes to DRI/PUD • Create new map H to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new project entrance. o No new commercial square footage is proposed. Page 2 of _LL • Revise map H to better reflect as -built community plan and add two new project access points on U.S. 41. • Remove/amend reference to remaining/additional golf courses (which have never been developed) in §4.D.1 of DRI DO. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local governmentjurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Fiddler's Creek (Marco Shores) DRI was initially approval by Development Order 84-3, issued on .Tune 12, 1984, changes to the project have been approved by the following development order amendments: a. Resolution No. 84-237 adopted December 11. 1984. This amendment approved the terms of the Stipulation of Settlement between Deltona Corporation and the Department of Community Affairs which resolved an appeal of the original development order. The changes amended the traffic provisions in Section 4.1) to provide for a definition of substantial impact on the roadway system and changed other transportation provisions. b. Resolution No. 89-149 adopted June 13, 1989. The second amendment reduced the number of dwelling units approved in Fiddler's Creek from a total of 9,110 dwelling units to 7,000 units and required the developer's contribution of an 18.4 acre lake site as a source of fill for the widening of S.R. 951 as the developer's "fair share" contribution requirement. C. Resolution No. 96-333 adopted July 23, 1996. The third amendment reduced the number of dwelling units from 7,000 to 6,000 units and reduced the approved commercial acreage to 33.6 acres with 325,000 square feet of commercial use. The amendment also increased the amount of preserve area by 201.37 acres and added a 22.9 acre parcel to the project. d. Resolution No. 96-530 adopted November 26. 1996. The fourth amendment added 690 acres in Section 13 to Fiddler's Creek, with no increase in units or commercial square footage. C. Resolution No. 98-49 adopted February 24, 1998. The fifth amendment added 1,385 acres to the project for a total of 3,764 acres, with no increase in the number of approved units or commercial square footage. The additional land is to be used for golf and the relocation of previously approved 3 Page—? of 12 residential units. f. Resolution No. 2000-458 adopted December 12, 2000. The sixth amendment added 168 acres to the project for a total of 3,932 acres, with no increase in the number of approved units or commercial square footage. The additional land is to be used for residential/golf course and relocates previously approved residential units. 8. Describe any lands purchased or optioned within 1/4 mile of the original DR] site subsequent to the original approval or issuance of the DR] development order. Identify such land, its size, intended use, and adjacent non -project land uses within % mile on a project master site plan or other map. There is no additional land owned or under option by the developer within 1/4 mile of the Fiddler's Creek DRI, as amended by this NOPC. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. NO 11. Will the proposed change require an amendment to the local government comprehensive plan? YES. A companion text amendment has been filed with Collier County. The amendment revises previously approved language that permits existing vested residential units to be located within Sections 18 and 19, Township 51 S, Range 27 E to also permit commercial development to be located in these sections of the DRI/PUD. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 73-40.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions, F1 rage-Lof ! Z An updated master site plan (Map H) is attached as Exhibit A. 13. Pursuant to Subsection 380.06(19)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The change to the current Fiddler's Creek Development Order will be to update the master site plan (Map H), attached as Exhibit A. Language regarding future golf course development has been modified. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No changes to the DRI boundary are proposed. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and Not applicable. f Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. No change is proposed. 5 Page of 12 SUBSTANTIAL DEVIATION DETERNIINATION CHART TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAN PREVIOUS D.O. CHANGE & DATE OF CHANGE Attraction/Recreation # Parking Spaces # Spectators # Seats Site locational changes Acreage, including drainage, ROW, easements, etc. External Vehicle Trips D.O. Conditions ADA Representations Airports Runway (length) N.A. N.A. Runway (strength) N.A. N.A. Terminal (gross square feet) N.A. N.A. # Parking Spaces N.A. N.A. m #Crates N.A. N.A. r I Apron Area (gross square feet) N.A. N.A. Site locational changes N.A. N.A. Airport Acreage, including drainage, ROW, easements, etc. N.A. N.A. Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART s� Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. # External Vehicle Trips N.A. N.A. Airports D.O. Conditions N.A. N.A. (cont_) ADA representations N.A. N.A. Hospitals # Beds N.A. N.A. # Parking Spaces N.A. N.A. Building (gross square feet) N.A. N.A. Site locational changes N.A. N.A. Acreage, including drainage, ROW, easements, etc. N.A. N.A. External Vehicle Trips N.A. N.A. D.O.conditions N.A. N.A. ADA representations N.A. N.A. Industrial Acreage, including drainage, ROW, easements, etc. N.A. N.A. # Parking spaces N.A. N.A. a m Building (gross square feet) N.A. N.A. A v # Employees N.A. N.A. c chemical storage (barrels and pounds) N.A. N.A. Site locational changes N.A. N.A. s� Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART Industrial (cont.) # External vehicle trips N.A. N.A. D.O. Conditions N.A. N.A. ADA representations N.A. N.A. Mining Operations Acreage mined (year) N.A. N.A. Water withdrawal (gal/day) N.A. N.A. Size of mine (acres), including drainage, ROW, easements, etc. N.A. N.A. Site locational changes N.A. N.A. # External vehicle trips N.A. N.A. D.O. Conditions N.A. N.A. ADA representations N.A. N.A. Office Acreage, including drainage, ROW, easements, etc. Building (gross square feet) # Parking Spaces # Employees Site locational changes a External vehicle trips D.O. Conditions Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART Office (cont.) ADA representations Petroleum/Chemical Storage Storage Capacity (barrels and/or pounds) N.A. N.A. Distance to Navigable Waters (feet) N.A. N.A. Site locations changes N.A. N.A. Facility Acreage, including drainage, ROW, easements, ect. N.A. N.A. # External vehicle trips N.A. N.A. D.O. Conditions N.A. N.A. ADA representations N.A. N.A. Ports (Marinas) # Boats, wet storage N.A. N.A. # Boats, dry storage N.A. N.A. Dredge and fill (cu. yds.) N.A. N.A. Petroleum storage (gals.) N.A. N.A. It Site locational changes N.A. N.A. 00 fQ Port Acreage, including drainage, ROW, easements, etc. N.A. N.A. External vehicle trips N.A. N.A. D.O. Conditions N.A. N.A. ADA representations N.A. N.A. Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART Residential # Dwelling units No change 9,110 D.U. Res. 2000-458 6,000 D.U. total 3,000 S.F. 3.000 M.F. Type of dwelling units No change Not specified # of lots No change Not specified Acreage, including drainage, ROW, No change Not specified easements, etc. Site locational changes Exhibit A Map H Exhibit B Res. 2000-458 # External vehicle trips No change 58,463/day 41,524/day Res. 98-49 D.O. Conditions Wholesale, Retail, Service Acreage, including drainage, ROW, No change 47.0 acres 33.6 (7/23/96) easements, etc. Floor Space (gross square feet) No change 383,988 325,000 (11/26/96) # Parking Spaces N.A. N.A. .y m # Employees N.A. N.A. A Site locational changes Yes (Proposed Map H) Map H Exhibit A Res. 98-49 i� # External vehicle trips No change 0 D.O. Conditions No change IN ADA representations No change Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART Hotel/Motel # Rental Units No change 150 Floor space (gross square feet) N.A. # Parking Places N.A. # Employees N.A. Site locational changes N.A. Acreage, including drainage, ROW, easements, etc. N.A. # External vehicle trips N.A. D.O. Conditions N.A. ADA representations N.A. R.V. Park Acreage, including drainage, ROW, easements, etc. N.A. # Parking Spaces N.A. Buildings (gross square feet) N.A. # Employees N.A. ro D Site locational changes N.A. # External vehicle trips N.A. 0 `t D.O. conditions N.A. I�ADA representations N.A. Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. SUBSTANTIAL DEVIATION DETERMINATION CHART Open Space (All natural Acreage 614.2 1652.56 ac. Res. 2000-458 and vegetated non - impervious surfaces) Site locational changes Map H (12/12/2000) Exhibit B Res. 2000-458 Type of open space 35 ac./parks Res. 2000-458 256 ac./lakes 128.16 ac. parks 323.2 ac./recreation 687.7 ac. lakes 53.39 ac. buffer 771.14 ac. golf & rec 12.17 ac. Club Center D.O. Conditions ADA representations Preservation, Buffer or Acreage No change 42 ac. 756.4 ac. Res. 98-49 Special Protection Areas Preservation (cont.) Site locational changes Exhibit A Map H Exhibit A Res. 98-49 Development of site proposed No change D.O. Conditions No change ADA representations No change I Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. MARCO SHORES/FIDDLER'S CREEK DRI NOTICE OF PROPOSED CHANGE IN COLLIER COUNTY BACKGROUND Fiddler's Creek, or Unit 30 is a portion of a larger Development of Regional Impact (known as Marco Shores), located in southwestern Collier County, and near Marco Island (See Attachment I, Location Map). The larger DRI is unusual in that it includes many non-contiguous land development areas, which together were the subject of a law suit involving the original developer, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources (now both FDEP), the Florida Department of Community Affairs (DCA) now (DEO), Collier County, and various private conservation organizations. The Settlement Agreement ending the law suit was entered into on July 20, 1982. On June 12, 1984, the Collier County Board of County Commissioners approved the DRI Application for Unit 30, Isle of Capri Commercial and Key Marco (Horr's Island) and Part of Marco Shores Planned Unit Development (hereafter known as The Marco Shores DRI). The original Development Order 84-3 approved development within three main areas. The areas and development approvals were as follows: 1) Unit 30: 9,110 residential units (primarily multi -family), with parks, recreation areas, schools, utility sites, community facilities, churches, lakes, and roads; all on 1,645.91 acres. 2) Isle of Capri Commercial Area: neighborhood commercial uses (unspecified); located on 7.44 acres. 3) Key Marco/Horr's Island: 300 multi -family units, with parks and recreation areas; all on 212.89 acres. A fourth area, known as The Goodland Marina, was included within the Settlement Agreement, but was not originally part of the DRI. Later changes to the DRI (see below) added a 150 -room hotel, restaurant, and utility site to the Isle of Capri Commercial Area, reduced the number of residential units within Unit 30 to 6,000 units, added a hotel/resort to Unit 30, and combined the marina with the remainder of the DRI. Regional staff believes that the entire Marco Shores Development is currently approved for the following development areas and uses: a) Unit 30 (approved for 6,000 units, on 1,689.11 acres, with a 33.6 -acre commercial area containing 325,000 square feet of commercial space); b) Isle of Capri (approved for a 150 -room hotel, accessory uses, a restaurant site and a utility site on 7.44 acres); C) Horr's Island (approved for 300 units on 212.89 acres); d) Barfield Bay Multi -Family (approved for 314 units on 49.04 acres); e) John Stevens Creek (approved for 72 units on 14.54 acres); Attachment B f) Goodland Marina within City of Marco Island (approved for marina uses on 15.83 acres). The Fiddler's Creek portion of Unit 30, the subject of this Notice of Proposed Change (NOPC), is currently under construction and approximately two-thirds complete. Based on the most recent DRI 2017 Annual Report, a total of 2,292 residential units, 30,413 SF of office and 90 holes of golf course have been constructed to date. PREVIOUS CHANGES The following Development Order (DO) amendments have been adopted by Collier County Board of County Commissioners. Resolution No. 84-237 adopted December 11. 1984. This amendment approved the terms of the Stipulation of Settlement between Deltona Corporation and the Department of Community Affairs which resolved an appeal of the original development order. The changes amended the traffic provisions in Section 4.1) to provide for a definition of substantial impact on the roadway system and changed other transportation provisions. 2. Resolution #88-117, approved on May 24, 1988, amended the commercial uses to be allowed within the Isle of Capri Commercial Area. The Resolution allowed a 150 -room hotel/motel, up to four stories in height, restaurants and certain accessory uses to be constructed within the Commercial Area. Previously, this area had been limited to Neighborhood Commercial. The Resolution also stipulated certain development standards and required vegetation buffers for a utility area located on the northwest corner of the property. The Resolution included environmental, water management, traffic, utilities, and engineering conditions tailored specifically to the property. The owner of the property (Isles of Capri Civic Association) committed to not begin site clearing or filling activities until after the four-laning of State Road 951. Vertical development was prohibited from taking place until completion of the road widening. 3. Resolution No. 89-149 adopted June 13, 1989 reduced the number of dwelling units approved in Fiddler's Creek from a total of 9,110 dwelling units to 7,000 units and required the developer's contribution of an 18.4 -acre lake site as a source of fill for the widening of S.R. 951 as the developer's "fair share" contribution requirement. 4. Resolution No. 96-333 adopted July 23, 1996 reduced the number of dwelling units from 7,000 to 6,000 units and reduced the approved commercial acreage to 33.6 acres with 325,000 square feet of commercial use. The amendment also increased the amount of preserve area by 201.37 acres and added a 22.9 -acre parcel to the project. 5) Resolution No. 96-530 adopted November 26. 1996 added 690 acres in Section 13 to Fiddler's Creek, with no increase in units or commercial square footage. 6) Resolution No. 98-49 adopted February 24, 1998 added 1,385 acres to the project for a total of 3,764 acres, with no increase in the number of approved units or commercial square footage. The additional land is to be used for golf and the relocation of previously approved residential units. 7) Resolution No. 2000-458 adopted December 12, 2000 added 168 acres to the project for a total of 3,932 acres, with no increase in the number of approved units or commercial square footage. The additional land is to be used for residential/golf course and relocates previously approved residential units. PROPOSED CHANGES The proposed DRI NOPC is being requested to shift some of the previously approved commercial development to the U.S. 41 frontage of the project to better serve the existing and future residential development within the Fiddler's Creek community. Because the project is approximately two- thirds complete, the Master Development Plan (Map H Attachment II) is being revised to better reflect the as -built and future development plan for the project. A summary of the proposed changes is listed below. • Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new project entrance. No new commercial square footage is proposed. • Revise map H and PUD master plan to better reflect as -built community plan and add two new project accesses on U.S. 41 (a right in/ right out access and a full median access on US 41). • Remove/amend reference to remaining/additional golf course (which have never been developed) text in paragraphs D and H of the DRI D.O. CHARACTER, MAGNITUDE, LOCATION There are no changes in character, magnitude or location of the DRI associated with the changes. REGIONAL GOALS, RESOURCES OR FACILITIES The primary regional issues of concern for this NOPC is related to transportation impacts. The Florida Department of Transportation (FDOT) has reviewed the NOPC and Transportation Impact Study and in coordination with Collier County has no objections. FDOT requests that the applicant implements all identified improvements not yet completed, as the development progresses. MULTIJURISDICTIONAL ISSUES No new multi jurisdictional issues will occur from these changes. NEED FOR REASSESSMENT OF THE DRI Because no additional regional impacts are anticipated, the need for reassessment of the DRI is unnecessary. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The applicant has provided acceptable draft development order amendment language necessary to rebut the presumption that no additional regional impacts will occur from the changes. RECOMMENDED ACTIONS 1. Notify Collier County, the Florida Department of Economic Opportunity, and the applicant that the proposed changes do not create additional regional impacts. 2. Request that Collier County provide SWFRPC staff with copies of any development order amendments related to the proposed changes. February 15, 2018 kl� 17: L m 0 SWFRPC—APR 84 RNC ATTACHMENT I MARCO SHORES GENERAL LOCATION MAP viii ATTACHMENT II Fiddler's Creek w oposed - ' "�.�. lantl Use Key elocate ® R �` W+S O naples, florida R �S� �' e ;P� k \.` Scale: ]"=800' "0 o- R�� Date' March 8, 1017 D cE c®rmae.�sa u L" / rrmc vuPit A O ePe r Master Plan Exhibit FC -A1 R p u uTmirro a� — Eeo xrr Q �;��— „"E• roposed — *ALF Permitted L �-RR Radd �I 0.5Ea ♦ �R R �� c5c e T® X Gv m ^ Mx R� R� R . `. R R x0 0.LCiwl(E XN Emrvue Xcm. Q _\U R// P 0. I VR (, 1 { I I H'br PPP � I mnpi q y I n 1 P4uP I 1 .n� I NN I Rem: I �...mXo.nma i I V I cons �^' i mx Pr I RSF-i i R—. I Co- ier Co-r4i-tty Growth Management Department Zoning Division Comprehensive Planning Section I lrD)7_100111i/I To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner, Zoning Services Section From: Sue Faulkner, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: March 20, 2018 Subject: Future Land Use Element (FLUE) Consistency Review APPLICATION NUMBER: DOA -20160002727 (REV: 3) APPLICATION NAME: Marco Shores/Fiddler's Creek Development Order Amendment (DOA) REQUEST: This petition requests a Development Order Amendment to the Marco Shores Development of Regional Impact (DRI). A Planned Unit Development Amendment (PUDA) and a Growth Management Plan Amendment (GMPA) were both submitted concurrently with this Development of Regional Impact (DRi) Development Order Amendment (DOA). The Marco Shores Development Order 84-3, has been previously amended by Resolutions 84-237, 88-117, 89-149, 96-333, 96-530, 98-49, and 2000-458. This proposed amendment is intended to amend Development Order 84-3, as previously amended, as it relates to Unit 30 (Fiddler's Creek) only. The proposed changes are: • Create anew map `H' and Replace with updated Master Plan (Exhibit `FC -Al'). • Add two new project access points on US 41 to the updated Master Plan. • Add two additional sites of Business/Commercial on the updated Master Plan. • Increase the total acreage for `Business" from 33.6 -acres to 55 -acres. The companion PUDA petition stated the maximum floor area for business/commercial uses will remain at 325,000 square feet. • Amend text in §4.D.1 of DRI DO from `will' to `shall' in reference to golf courses, which have not been developed, as well as add a provisional phrase `if and when constructed'to address additional golf courses and recreational facilities. The petitioner has made similar proposals for the PUDA. LOCATION: The +3,932 -acre Unit 30 portion of the Marco Shores/Fiddler's Creek PUD (subject property) is located approximately 2.8 miles south of Tamiami Trail East (US 41) and on the east side of Collier Blvd. (SR 951), at the intersection of Fiddler's Creek Parkway and Collier Blvd., extending east approximately 2.9 miles to the intersection of Tamiami Trail East (US 41) and Sandpiper Drive, in Section 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29, and 33, Township 51 South, Range 27 East; and Sections 13, 14, 15, 21, 22, 23, 24, 27, and 28, Township 51 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is limited to the Unit 30 portion of the Marco Shores/Fiddler's Creek PUD and DRI, otherwise known as Fiddler's Creek. This property is partially designated Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict (approximately 40%), partially Urban Residential Fringe Subdistrict (approximately 25%) and partially Rural Fringe Mixed Use Neutral Land (approximately 35%), and is completely within the Coastal High Hazard Area (CHHA) as depicted on the Future 2800 North Horseshoe Drive - Naples, FL 34104, 239-252-2400 Page - 1 - of 2 Attachment C Land Use Map of the Growth Management Plan. According to the Future Land Use Element (FLUE), the Urban Mixed -Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. The DOA petition proposes to increase acreage for areas designated for `Business' uses, but the total acreage for the DRI will remain unchanged, with a total of 3,932 acres for Unit 30 (Fiddler's Creek). The DOA petition is proposing an increase from 33.6 -acres to 55 -acres of `Business' uses (commercial/office land uses). The proposed Master Plan shows the addition of new `Business' area locations and the re -sizing and re -location of existing `Business' areas. The companion PUDA petition states that although the number of Business' acres are increasing, the total number of square feet of `Business' will remain unchanged at 325,000 square feet. No increase to the previously approved 6,000 dwelling units for Unit 30 is proposed in the DOA. Due to the increase in the acres for Business' there is a slight increase in the density, but it still falls within the maximum density allowed for the designated areas in which Fiddler's Creek is located. A vested rights determination approved on April 28, 2006 allows for the reallocation of uses in the PUD/DR1 without being subject to a consistency review. For use consistency, see consistency memo for the companion PUD amendment petition (PL20160002496). Consistency with FLUE Policies 5.6 (compatibility) and 7.1 — 7.4 (smart growth) is addressed by staff in the companion PUD amendment consistency review. CONCLUSION Based upon the above analysis, including acknowledgement of the vested rights determination approved on April 28, 2006, the proposed DRI Development Order Amendment may be deemed consistent with the Future Land Use Element (FLUE). PETITION ON CITY -VIEW CC' Mike Bosi, ACP, Director, Zoning Division Ray Bellows, Manager, Zoning Services Section DOA-PL2016-2727 Marco Shores -Fiddlers Creek DOA R3 GAGDES Planning ServioeslConsistency Reviews120181DOA sf-dwi3-20-18 2800 North Horseshoe Drive - Naples, FL 34104, 239-252-2400 Page 2 of 2 AGENDA ITEM 9-1) Co1Leer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: APRIL 19, 2018 SUBJECT: PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK COMMERCE PARK PLANNED UNIT DEVELOPMENT (PUD) (COMPANION TO DOA-PL20160002727, MARCO SHORES/FIDDLER'S CREEK DRI PROPERTY OWNER/APPLICANT AND AGENTS: Owner*/Applicant: FCC Commercial LLC 8156 Fiddler's Creek Parkway Naples, FL 34114 *Approximately 2,400 residential units within the PUD have been sold to others. Agents: D. Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC), sitting as the local planning agency and as the Environmental Advisory Council (EAC), consider amending Ordinance No. 84-42, as amended, 96-74, 98-13 and 2000-84, the Marco Shores/Fiddler's Creek Planned Unit Development (PUD), to retain the residential density of 6000 units and to retain the maximum commercial development of 325,000 square feet of gross floor area for Fiddler's Creek; to increase the business development area from 33.62 acres to 55 acres; to add project entrances for Tamiami Trail East (US 41); (continued to page 4) PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 1 of 18 Location Map LELY SORT PUD A .) I s FU -9 WINDING CYPRESS' G ATERS PUD NAPLESRESERVE LE ESORT GOC{ CLUB (E,y C EKi OACH RT ww Wp �L�_ ,ES A Is SITE Mti P RE ` LOCATION S� .ESI - �_ R11D VC au A -M - cu A -MA A R F3 p A_ MH - cir - MARC.SHRSIPIDLR'S A -Mi cR A MH( C P CONST ARCOSHORES CLUB PUD CON A P CON- SC/ T CONST CON -ST CON - Petition Number: PL20160002496 Zoning Map Fiddler's Creek°° N ° a,�Key \ oon \ \, \ A' 0 E naples, florida °S° Me v scare: r`=soa o Date: November2017 -?t\ Q n.�a ween.-onv., Master Plan w I° o°° \, \ Exkibit FC-AI �.. , w e w � O �w. ( �� � "'`• \ *ALF Permitted wu° i w — -, �r11 pp— �� iIt 1� LAJIE iHH \\ nw Jd �sh ,w rox T � Im eee a rower ro-tj a� ��w nufiley�GDltidar ssz' '-- JNA: %=SEYi Fiddler's Creek Master Plan Innu +.c 1;ry Qfl pnidenu.l — e emmr»i ammr,ua ® P PVF GC Gaf Ceu CC!i! Ileveallonul Amrnlun _ CI "� unll: ❑nur I^, 01l�o-01-'nuC r1 ...... W4e. L-7 iF T ohu,N,eea Ai�rn n.b! `l-: r' Q u uelu, ILmnWel • r (�Y Lr q��f IN << to increase the residential development area from 1226.89 to 1280 acres; to provide for a conversion factor for single-family and multi -family dwellings without increasing the total number of approved dwelling units for the PUD; to re -designate 140 acres to residential development area and/or golf and/or lake area; to allow that the remaining golf course may be constructed when feasible on the Estancia property or Section 29; to allow golf course uses in Section 29 in the parks development area; to move a project entrance to the east; to add residential including adult congregate living facilities east of Collier Boulevard in Sections 15 and 22; to amend Master Plan Exhibit FC -Al; providing for conflict and severability; and providing an effective date. GEOGRAPHIC LOCATION: The subject property consisting of 3932± acres is located east of Collier Boulevard (CR 951) and south of Tamiami Trail East (US 41) in Sections 11, 13, 14, 15, 22, 23 and 24, Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51 South, Range 27 East, in Collier County, Florida. (Please, see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Marco Shores/Fiddler's Creek Planned Unit Development (PUD) was originally approved in Ordinance Number 84-42 on June 12, 1984. There have been several subsequent ordinances: Ordinance numbers 84-42, 88-48, 89-34, 91-06, 01-6, 92-90, 96-74, 98-12, 98-13 and 98-38. The portion of the PUD located within Unit 30 is known as "Fiddler's Creek." The PUD is currently approved for 6,000 single-family and multi -family residential units, 325,000 square feet of business /commercial area, a golf course, preserve areas, and parks. It is partially developed with single- family and multi -family residences, an office building, parks, reserve/preserve areas, community clubhouses, and a golf course. The petitioner is proposing the following changes with this amendment: • Add two additional Business/Commercial sites to the Master Plan; • Increase the Business/Commercial development area from 33.62 acres to 55 acres; • Add two land uses to the Business/Commercial area in Unit 30 only: Multi -family dwellings and air-conditioned self -storage • Increase the Residential development area from 1226.89 to 1280 acres; • Provide for a conversion factor for single-family and multi -family dwellings without increasing the total number of approved dwelling units for the PUD; • Re -designate 140 acres to residential development area and/or golf and/or lake area; • Make golf courses optional; • Allow golf course uses when feasible on the Estancia property and in section 29 in the parks development area; • Add two new access points on Tamiami Trail East (US 41) and move the project entrance to the east; • Add residential including adult congregate living facilities east of Collier Boulevard in sections 15 and 22; and • Update the Master Plan (Exhibit FC -Al) accordingly. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2016 Page 5 of 18 The proposed amendments do not change the previously approved residential density of 6,000 units and the maximum commercial density of 325,000 square feet of gross floor area. SURROUNDING LAND USE AND ZONING: North: Developed and undeveloped agricultural uses with a zoning designation of Rural Agricultural (A), residential uses with a zoning designation of Residential Single-family (RSF-3), commercial uses with a zoning designation of Commercial Convenience (C-2), General Commercial (C-4) and Heavy Commercial (C-5), industrial uses with a zoning designation of Industrial (1), recreational vehicle and mobile home uses with a zoning designation of Travel Trailer Recreational Vehicle Campground (TTRVC), recreational vehicle and the following residential PUD's: Pelican Lake, Copper Cove, Paradise Pointe RV Resort, Charlee Estates, and Boyne South East: Developed and undeveloped agricultural uses with a zoning designation of A, developed recreational vehicle park with a zoning designation of TTRVC, Paradise Pointe RV Resort PUD, and the proposed Torres Family Commercial Planned Unit Development (CPUD) South: Conservation land with a zoning designation of Conservation -Special Treatment (CON -ST), and undeveloped agricultural uses with a zoning designation of A West: Developed and undeveloped agricultural uses with a zoning designation of A, residential uses with a zoning designation of RSF-3, mobile home uses with a zoning designation of Mobile Home (MH), public use with a zoning designation of Public Use (P), and conservation land with a zoning designation of CON -ST PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 6 of 18 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attached Exhibit B: FLUE Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 and 2017 Annual Update and Inventory Reports (AUIR's). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FL UE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the currentAUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 7 of 18 specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed PUD Amendment on the subject property was reviewed based on the 2016 and 2017 AUIR Inventory Reports. Please note, this development is considered vested for traffic impacts. The vested impacts are based on the allowable uses within PUD including the associated commercial square footage and residential unit limitations, which are not changing with this request. The TIS submitted indicates a redistribution of the commercial related trips is proposed, relocating some of the commercial square footage from Collier Boulevard (CR 95 1) to Tamiami Trail East (US 41). The proposed development will impact the following roadway segments: Roadway Link 2016 Current Peak 2016 2017 AUIR Hour Peak Remaining Remaining Existing Direction Capacity Capacity LOS Service Volume/Peak Direction Collier Boulevard Mainsail Drive to D 2,200/North 536 427 (CR 951) Manatee Road Tamiami Trail East Collier Boulevard B 3,100/East 2,152 2,089 (US 41) to Joseph Lane Tamiami Trail East Joseph Lane to B 2,000/East 1,057 1,075 (US 41) Greenway Road Tamiami Trail East Greenway Road D 1,075/East 230 248 (US 41) to San Marco Drive *Please note: 2016 and 2017 AUIR totals do not include the recently completed improvements on US 41. These trip totals are anticipated to improve with the 2018 AUIR. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 8 of 18 Based on the 2016 and 2017 AUIR's, the adjacent roadway network has sufficient capacity to accommodate the proposed trips for the amended project within the five-year planning period. There are no additional trips proposed with this request and the relocated uses will place trips on the recently improved Tamiami Trail East (US 41) roadway instead of the Collier Boulevard (CR 951) roadway, which has less remaining capacity. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): The petition is consistent with the applicable provisions of the CCME of the GMP. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff 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 basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: Environmental Review: The proposed changes do not affect any of the environmental requirements of the GMP or LDC. The description of the preserve areas has been revised from "Reserve" to the word "Preserve" in Section V of the PUD Documents. Additionally, preserve has been added to the Land Use Summary Table Fiddlers Creek Planned Unit Development (Unit 30). This project requires Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, two eagle nests are located within the PUD preserves. The revisions to the PUD, as part of this petition, do not affect the eagle nests within the PUD. However, the EAC ordinance does require EAC review for petitions that have an active bald eagle nest or protection zone within the past five years. Eagle nests have a nest protection zone (buffer) of 660 feet. The eagle nests within the PUD are in the southern portion of the PUD and the nest protection zones primarily fall within the preserve area. Nest CO -055 is located along the access easement shown on the PUD Master Plan; the nest buffer is primarily within the preserve with a small portion of the buffer intersecting the golf course. CO - 055 was last documented as active in 2015. Nest CO -013 is located in the isolated preserve in the southeast corner of the PUD; the nest buffer falls entirely within the preserve. Nest CO -013 was last documented as active in 2014. There has also been a third eagle nest reported in the isolated preserve area; the buffer would fall entirely within the preserve. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 9 of 18 Transportation Review: Transportation Division staff has reviewed the petition, the PUD Document, and Master Plan and is recommending approval. Utility Review: The project lies within the potable water and the south wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontages on Tamiami Trail East (US 41), Fiddler's Creek Parkway, and Sandpiper Drive. Downstream wastewater system capacity must be confirmed at the time of development permit Site Development Plan (SDP) or Plans and Plat (PPL) review and will be discussed at a mandatory pre - submittal conference with representatives from the Public Utilities Engineering and Project Management Division, as well as the Growth Management Development Review Division. Any improvements to the Collier County Water -Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the Collier County Water -Sewer District at no cost to the County at the time of Preliminary and Final Acceptance. Zoning and Land Development Review: As previously stated, the portion of the Marco Shores/Fiddler's Creek PUD, located within Unit 30, is known as "Fiddler's Creek." It is partially developed with 2400 single-family and multi -family residences, an office building, parks, reserve/preserve areas, a community clubhouse, and a golf course. The petitioner proposes to increase the Business/Commercial development area from 33.62 acres to 55 acres and to add two additional Business/Commercial sites to the Master Plan. The two additional Business/Commercial sites are located along Tamiami Trail East (US 41). Two new access points are also proposed along Tamiami Trail East (US 41) in addition to the two that exist. The petitioner proposes to increase the Residential development area from 1226.89 to 1,280 acres. Residential, including adult congregate living facilities east of Collier Boulevard in sections 15 and 22, has been added. A conversion factor has been introduced for single-family and multi -family dwellings without increasing the total number of approved dwelling units for the PUD. The number of single-family dwelling units may be increased by converting two multi -family dwelling units for each single-family dwelling unit above 3000 single-family dwelling units. Approximately 140 acres has been re -designated to residential development area and/or golf and/or lake area. An area where an existing, centrally located park has become a proposed residential area. Additional golf courses are proposed to be optional. Golf course uses are allowed when feasible on the Estancia property and in section 29 in the parks development area. The Master Plan has been updated to reflect the proposed changes. A comparison of the existing Master Plan to the proposed Master Plan indicates that the "collector" loop road has been severed; i.e., the entire Marco Shores/Fiddler's Creek PUD is no longer connected by a spine or loop road. The ingress/egress point that is located next to the EMS/fire station site on Tamiami Trail East is proposed to be an access point into the proposed Business/Commercial area only without direct access to Marco Shores/Fiddler's Creek PUD. The undeveloped roadway area that previously connected the ingress/egress point next to the EMS/fire station to Fiddler's Creek is proposed to PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2016 Page 10 of 18 become a linear park. The next nearest access point from the EMS/fire station site serving the Marco Shores/Fiddler's Creek PUD is approximately one mile away at an existing ingress/egress point located at Sandpiper Drive. Two additional ingress/egress points are proposed along Tamiami Trail. One will allow full access into the east portion of the Marco Shores/Fiddler's Creek PUD, the other will allow access into another proposed Business/Commercial area only. See Attachment C: Fiddler's Creek U.S. 41 Entrance Exhibit. According to information provided by the Applicant, the proposed Business/Commercial areas along Tamiami Trail East will serve nearby residents within the PUD and residential development along the Tamiami Trail East corridor. Zoning Staff finds the proposed changes to be compatible with the existing land uses and intensities, subject to the following conditions: 1. No adult oriented sales are permitted. 2. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 3. Delivery bays shall not abut residential development. 4. Service bays related to automobile service and repair shall be located so that they do not face any residential district within 1500 feet. Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in 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 basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP. See Attachment B: Flue Consistency Review. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as agricultural, residential, mobile home, recreational vehicle park, commercial, industrial, public, and conservation lands. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 11 of 18 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes, because the petitioner wishes to add Business/Commercial sites, reallocate development areas, make golf courses optional, and add access points along Tamiami Trail East. 6. Whether the proposed change will adversely influence living conditions in the neighborhood Staff is of the opinion that the proposed PUD Amendment can been deemed consistent with the County's land use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD rezone 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 sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the PUD Ordinance, the DRI Resolution and Vested Rights Determination. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 12 of 18 demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around the Marco Shores/Fiddler's Creek PUD are partially developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The proposed amendment meets the intent of the PUD district. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 13 of 18 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 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria." 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 Marco Shore/Fiddler's Creek PUD is an established project which has been developed primarily with residential, golf course, park preserve, and office uses. The subject site fronts on Tamiami Trail East (US 41), Fiddler's Creek Parkway, and Sandpiper Drive. Water distribution and wastewater collection/transmission mains are readily available within these rights-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. The project would also be required to comply with County regulations regarding drainage and other utilities. Therefore, the site is suitable for the proposed development. 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. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 14 of 18 Documents submitted with the application provided satisfactory evidence of unified control. Additionally, the development will be required to gain PPL and SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping, and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself at the time the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed commercial, residential and golf course land use reallocations. 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 is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or PPL), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 15 of 18 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. This criterion essentially 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. The petitioner is not seeking any deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on March 13, 2018 at San Marco Catholic Church, 851 San Marco Road, Marco Island, Florida. A total of 216 residents in attendance at the meeting signed in at the meeting. Residents expressed concerns related to mitigation of internal traffic within Fiddler's Creek, whether or not a second golf course would be built, the loss of greenspace, the reallocation of an existing park to residential development, and the impact of the noise from the proposed commercial development and the type of wall and landscape buffering between Fiddler's Creek and the proposed commercial shopping center on Tamiami Trail East. Many of the residents also expressed opposition to the proposed changes due to the impact on internal traffic circulation in Fiddler's Creek. Most affected by the current circulation pattern are the residents on Cherry Oaks Trail. Cherry Oaks Trail is a local road that has been turned into a "collector road" by virtue of its location as the shortest distance between two destinations in Fiddler's Creek. The Cherry Oaks Trail residents fear that their situation will be further exacerbated by the proposed roadway and land use changes to the PUD. For further information, see Attachment: "Traffic Concerns Related to Fiddler's Creek. " Please note, the Fiddler's Creek internal roadways are private roads under the authority of Home Owner's Associations and Community Development Districts (CDD). Another issue bought up at the NIM is the increased traffic from Fiddler's Creek on Championship Drive, a private road located outside of the Marco Shores/Fiddler's Creek PUD owned by Pelican Lake RV Resort. For further information, see attached Exhibit D: Transcript of Neighborhood Information Meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on April 2, 2018. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does require Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 16 of 18 P1,20160002496, Marco Shores/Fiddler's Creek Planned Unit Development (PUD), to the BCC with a recommendation of approval subject to the following conditions: 1. No adult oriented sales are permitted. 2. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 3. Delivery bays shall not abut residential development. 4. Service bays related to automobile service and repair shall be located so that they do not face any residential district within 1500 feet. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: FLUE Consistency Review Attachment C: Fiddler's Creek US 41 Entrance Exhibit Attachment D: Transcript of the Neighborhood Information Meeting Attachment E: Traffic Concerns Related to Fiddler's Creek PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD April 4, 2018 Page 17 of 18 PREPARED BY: mw qw luk NANCY G H, AICP, PLA PRINCIPA&PLANNER ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: RAYMO BELLOWS, ZONING MANAGER ZONING VISION -ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION APPROVED BY: S FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PUDA-PL20160002496, MARCO SHORES/FIDDLER'S CREEK PUD March 29, 2018 Page 18 of 18 L % �A 4� 3 11 ?� ATE '1 -30 -►9 DATE -Gt-/ DATE ORDINANCE NO. 18 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42, AS AMENDED, 96-74, 98-13 AND 2000-84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO RETAIN THE RESIDENTIAL DENSITY OF 6000 UNITS AND TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER'S CREEK; TO INCREASE THE BUSINESS DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES; TO ADD PROJECT ENTRANCES FOR US 41; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1226.89 TO 1280 ACRES; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY AND MULTI -FAMILY DWELLINGS WITHOUT INCREASING THE TOTAL NUMBER OF APPROVED DWELLING UNITS FOR THE PUD; TO RE -DESIGNATE 140 ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA; TO ALLOW THAT THE REMAINING GOLF COURSE MAY BE CONSTRUCTED WHEN FEASIBLE ON THE ESTANCIA PROPERTY OR SECTION 29; TO ALLOW GOLF COURSE USES IN SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO MOVE A PROJECT ENTRANCE TO THE EAST; TO ADD RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15 AND 22; TO AMEND MASTER PLAN EXHIBIT FC -Al; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL201600024961 WHEREAS, on June 12, 1984, the Collier County Board of County Commissioners approved Ordinance Number 84-42, establishing the Marco Shores Planned Unit Development; and WHEREAS, subsequent to said approval, the Marco Shores PUD was amended on several 117 -CPS -01706/1402201/11 134 Underlined text is added; StwskOveugk text is deleted. Fiddler's Creek/Marco Shores PUDA PL20160002496 Page I of 3 3/22/18 Attachment A occasions; and WHEREAS, on July 23, 1996, the Marco Shores PUD was again amended by Ordinance Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek area of said PUD; and WHEREAS, on November 26, 1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD; and WHEREAS, on February 24, 1998, the Board of County Commissioners approved Ordinance Number 98-13 to add 1,385 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek PUD; WHEREAS, on December 12, 2000, the Board of County Commissioners adopted Ordinance Number 2000-84 to add f 168 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek; WHEREAS, Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., and Wayne Arnold of Q. Grady Minor & Associates, P.A. representing FCC Commercial LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on ; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the His" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NOS. 84-42, AS AMENDED AND 96-74,88-13 AND 2000-84, THE MARCO SHORES/FIDDLER'S CREEK COMMERCE PARK PUD. The Planned Unit Development Document in Ordinance Numbers 84-42, as amended, and 96-74, 98-13 and 2000-84, is hereby amended by Exhibit A attached hereto and incorporated by reference herein. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other 117 -CPS -01706/1402201/11 134 Underlined text is added; Stwsk-threugk text is deleted. Fiddler's Creek/Marco Shores PUDA PL20160002496 Page 2 of 3 3/22/18 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality; 0 t Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — PUD Document t 17 -CPS -111706/1402201/11134 Fiddler's Creek/Marco Shores PUDA PL20160002496 3/22/18 2018. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ANDY SOLIS, Chairman Underlined text is added; Sut%Uk-threugtt text is deleted. Page 3 of 3 AMENDMENT TO MARCO SHORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO: FIDDLER'S CREEK PREPARED BY: GEORGE L. VARNADOE, ESQ. YOUNG, VAN ASSENDERP & VARNADOE, P. A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 (941)597-2814 AMENDED BY: D. WAYNE ARNOLD, AICP O. GRADY MINOR AND ASSOCIATES, P.A 3800 VIA DEL REY, BONITA SPRINGS. FL 34134 239-947-1144 AND R. BRUCE ANDERSON, ATTORNEY AT LAW CHEFFY PASSIDOMO. P.A. 821 5TH AVENUE SOUTH, NAPLES, FL 34102 239-261-9300 DATE FILED: DATE APPROVED BY CCPC% DATE APPROVED BY BCC: ORDINANCE NUMBER: Wordsunderling are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 1 of 71 INDEX PAGE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 443 SECTION II PROJECT DEVELOPMENT 246 SECTION III RESIDENTIAL LAND USE DISTRICT 9-1.15 DEVELOPMENT (FIDDLER'S CREEK) SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT 4421 SECTION V PRESERVE DISTRICT (FIDDLER'S CREEK) 3424 SECTION VI BUSINESS DEVELOPMENT 6427 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A-431 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6B433 STIPULATIONS AND COMMITMENTS SECTION VII GOLF COURSE AND CLUB CENTER DEVELOPMENT 7-437 SECTION VIII PARKS AND RECREATION DEVELOPMENT 9439 SECTION IX UTILITY/ELECTRIC DEVELOPMENT 9-441 SECTION X MARINA DEVELOPMENT 10 142 SECTION XI DEVELOPMENT STANDARDS 11 144 SECTION XII STIPULATIONS AND COMMITMENTS 4155 EXHIBIT "A" MASTER PLAN EXHIBIT `B" LOCATION MAP EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS EXHIBIT "D" IMPROVEMENT ESCROW AGREEMENT EXHIBIT "E" LETTER OF COMMITMENT EXHIBIT "FC -Al" FIDDLER'S CREEK MASTER PLAN EXHIBIT "FC -Cl" LEGAL DESCRIPTION OF FIDDLER'S CREEK EXHIBIT "FC -F" FIDDLER'S CREEK ROADWAYS CROSS-SECTION EXHIBIT "FC -G" AIRPORT OVERLAY ZONE Words underlined are additions; words eHwek ihmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 2 of 71 SECTION I PROPERTY OWNERSHIP AND 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 MARCO SHORES PLANNED UNIT DEVELOPMENT. 1.2 LEGAL DESCRIPTION The development is comprised of several geographic areas generally referred to as Unit 30, Unit 24, Isle of Capri, Barfield Bay Multi -family, John Stevens Creek, Horr's Island (Key Marco), and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. The legal description for the Fiddler's Creek area of the PUD is found in Exhibit "FC- C I" to this document. 1.3 PROPERTY OWNERSHIP The subject property, with the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243± acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01± acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is owned by ' ,FCC Marsh. LLC, a Florida limited liability company, hereinafter referred to as Developer, which owns undeveloped portions of Fiddler's Creek DRI; GBFG Development, 14d., ,FCC Aviamar, LLC. a Florida limited liability company, which owns developed portions of Fiddler's Creek, and DY Land ^" a* Ltd., a Florida limited Y `'„FCC Preserve. LLC, a Florida limited liability company, which owns the eastern undeveloped Fiddler's Creek Addition; G.B. FCC Veneta. LLC. a Florida limited liability company, all successors by conversion; FCC Commercial. LLC, a Florida limited liability company. FCC Creek. LLC, a Delaware limited liability company, FCC Golf Club LLC a Florida limited liability company, and FC Oyster Harbor LLC a Delaware limited liability company; GB Hidden Cove. LLC. a Florida Limited liability comoank Gh—ed-es R. Ald-a-Whaaffl, as Trustee ef the Charles R. Ma"am . dated September 15 1982 James E. Williams r -a r17..nne R Williams, husband and ._.:r Unit 30 will be known as and referred to as Fiddler's Creek. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Wordsunderlined are additions; words sowekihmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 3 of 71 A. Marco Shores Planned Unit Development lies in and north of the present existing community of Marco Island. The project areas have been defined in a Stipulation for Dismissal and Settlement Agreement (herein "Settlement Agreement") between The Deltona Corporation and federal and state agencies, Collier County, and various conservation groups. That Settlement Agreement was dated July 20, 1982, and provides for the development of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The total area of development included in this planned unit development project is -2449-.N 4439.31 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S. Highway 41. The Isle of Capri business tract is located on the northwest comer of the intersection of State Road 951 and 953. The Barfield Bay Multi -family, John Stevens Creek and Goodland Marina development areas are located in the eastern section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. Horr's Island (Key Marco) is a separate island south of but immediately adjacent to the Barfield Bay Multi -family area in the eastern portion of Marco Island. B. Various current zoning classifications are applicable to the separate areas of the development. Unit 30, Isle of Capri, and Horr's Island development areas are currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield Bay Multi- family, John Stevens Creek and Goodland Marina areas are currently platted and zoned as Residential Property with some ST overlay. 1.5 PHYSICAL DESCRIPTION The Unit 30 development tract is flat pineland gently sloping to the south. Typical elevation of the property is approximately 4-1/2 feet above mean sea level. The southern boundary of the tract has been established by federal and state agencies as the northern limit of the adjacent impounded wetlands in the area east of State Road 951. The Unit 24 development area is comprised of some impounded wetlands and pine and palmetto vegetation established on land reaching an elevation in some spots to 8 feet above mean sea level. The boundaries of this development tract have been established by state and federal agencies as the landward limits of the valuable mangrove wetlands in the area. Isle of Capri business tract is comprised of an upland area that previously has been used as a dump site as well as some flinging wetlands. The development boundary of this site has been established by state and federal agencies. Words unde ne are additions; words wruek Ah#wWh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 4 of 71 Barfield Bay Multi -family and John Stevens Creek areas are comprised of large areas of scarified land where the high ridge fill has been removed in past years. The fringes to these areas are composed of hammock vegetation. Goodland Marina site has been a historic dump site in the Goodland area. Some wetland areas have been approved for development to allow this water related recreational facility. The waterward boundary of this Tract has also been established by state and federal agencies. Horr's Island (Key Marco): This island is characterized by a high ridge reaching to 38 feet above sea level. Historic occupation of this island has variously used it for pineapple plantations and other fanning. The natural hammock vegetation however has been reestablished on these farmed areas. The island is characterized by steep side slopes and high central spine elevations. Water Management for the proposed project will be as conceptually described in the state- federal agreement as modified by stipulations included in this document as a result of a detailed review by the Water Management and Environmental Review Committees. 1.6 PROPER NAME The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as Fiddler's Creek. 1.7 COMMUNITY DEVELOPMENT DISTRICT The developer of Fiddler's Creek has established a Community Development District ("CDD") for the property owned by developer within the Unit 30 portion of the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the Fiddler's Creek Addition, and the 168 acres added to the Fiddler's Creek PUD by Ws amendment. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. The Fiddler's Creek Addition and the 168 acres added to Fiddler's Creek by Ordinance No. 2000- 84 this- amendment -are amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1999). The 690 acre addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East (herein "Section 13") approved in Collier County Development Order 96-4 (Res. No. 96-530), and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East approved in Collier County Development Order 98-1, (Res. No. 98-49) are herein collectively referred to as the Fiddler's Creek Addition. Words underlined are additions; words struekthreugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 5 of 71 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT. 2.2 GENERAL A. Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable section and parts of the "Collier County Land Development Code". B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in "Collier County Land Development Code". 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project site plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are illustrated individually and each development tract includes various land uses. A summary of the land uses in each development area is summarized on the table below. B. Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. C. In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Master Plan, as amended, for Fiddler's Creek Exhibit "FC -A1" (this Exhibit supersedes the Marco Shores Master Plan Exhibit"A"), is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use Summary below. Words underlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 6 of 71 LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT LAND USE UNIT a9 UNIT 24 ISLE OF HORR'S BARFIELD I S CREEK GOODLAND Total CAPRI ISLAND BAY MF MF MARINA Residential Multi -family 142.30 105.89 28.80 12.10 289.09 Single -Family 0.00 Residential 4226.99 142.30105.89 28.80 12.10 x'98 289.09 Business 33.62 12.60 7.44 1.70 50.36 21.74 Parks 428.16 13.20 32.30 4.10 177.76 49.6 Recreation and Open Space** 43431 10.00 4.70 15.02 294&2 Schools 442 12.00 2412.00 Utility 4341 10.00 331 10.00 Comm. Facilities 6$3 2.00 8:43 2.00 Churches 5.00 5.00 Lakes 6877 30.80 4-18.5 30.80 Roads i9o:8 23.60 10.60 30 226.11 .81 35.31 Other 40.29 16.07 5.54 32.33 .44 22.05 TOTAL PUD 3934,44 ACRES"'" 277.57 7.44 142.89 49.04 14.54 15.833 507.31 Residential Units 6000 2544 300 314 72 93230 Development Tract Densi 443 9.17 2.10 6.40 4.95 0.00 1" 6.37 'Not dittaentuded "Includes 756.4 acres of preserve ****Original PUD did not include 421 acres of preserve in acreage Words underlined are additions; words struek thmwh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 7 of 71 LAND USE SUMMARY FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT (UNIT 30) LAND USE DESCRIPTION ACREAGE R Residential 1.280 R -GC -LAKE Residential/Golf/ Lake 140 B Business/Commercial 55 P Parks 128 GC Golf Course 393 RA Recreational Amenities 43 CF Community Facility 6 Road Richt-Of-Way L Preserve 767 Lakes 641 Miscellaneous (Open Space/Buffers, Drainage Easement 237 U Utility (Existing) 43 TOTAL PUD ACRES 3932 Residential Units 6000 ***•* ****Original PUD did not include 42f acres of preserve in acrea e *****subject to Section 3.2. Words underlined are additions; words wmekshmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 8 of 71 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi -family, shall be constructed in the total project area. The gross project is 4439.30 acres. The gross project density, therefore, is 2.08 per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area Acres Dwelling Unit Gross Density Fiddler's Creek Unit 30 3,93299 6,000 1.53 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A 4,439.31 9,230 2.08 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. B. Exhibit "A" - Master Plan, constitutes the required PUD Development Plan and the Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval. Exhibit "FC -Al" Fiddler's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC - Cl" hereof. 2.6 SITE PLAN APPROVAL When site plan approval is required by this document, the following procedure shall be Words u der ' e are additions; words somek tkresegh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 9 of 71 followed: A. A written request for site plan approval shall be submitted to the Development Services Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. 2.7 FRACTIONALIZATION OF TRACTS A. When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Development Services Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. C. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. D. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Land Development Code requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. Words underlirced are additions; words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 10 of 71 E. In evaluating the fractionalization plans, the Development Services Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. F. If approval or denial is not issued within twenty (20) working days, the submission shalt be considered automatically approved. G. In the event the Developer violates any of the conditions of this PUD Ordinance, or otherwise fails to act in full compliance with this PUD Ordinance, the County shall, pursuant to the notice and hearing requirements of this Section: 1. Stay the effectiveness of this PUD Ordinance; and 2. Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel, or portion of the tract or parcel upon which the violative activity or conduct has occurred. As a prerequisite to such action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. If a violation takes place, the County shall give the violator written notice by certified mail, return receipt requested. Said notice shall state the following: 1. The nature of the alleged violation; and 2. The tract or parcel or portion of the tract or parcel, upon which the violative activity or conduct has occurred; and 3. That the violation must be cured within fifteen (15) days of the date of the notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt of this notice; and 4. That if the violation is not cured within such time period, the Board of County Commissioners shall hold a public hearing to consider the matter; and 5. That the hearing must be held no less than fifteen (15) days nor more than thirty Words un err fined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 11 of 71 (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen (15) day period, the violator's commencement of diligent, good faith efforts to cure said violation within this period shall obviate the need to hold the public hearing. The PUD Ordinance shall remain in full force and effect during the pendency of the cure period. In the event the violator fails to commence diligent good faith efforts to cure or to pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violation by the Developer, its agents, grantees, successors or assigns. For purposes of this Section, the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development area. 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross-sections set forth in the Settlement Agreement, as those cross-sections may be amended in the Settlement Agreement, except for the Fiddler's Creek Addition, which shall be pursuant to the Land Development Code requirements. 2.9 USE OF RIGHTS-OF-WAY Within Fiddler's Creek, lands within project rights-of-way may be utilized for landscaping. decorative entranceways, gates, gatehouses, and signage subject to review and administrative approval of the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any such installations. 2.10 ROADWAYS Standards for roads within Fiddler's Creek shall be in compliance with the applicable provisions of the Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived, or excepted by this PUD or as approved during the platting process. The Words un erlined are additions, words mare deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 12 of 71 Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Land Development Code. The Developer also reserves the right to install gates, gatehouses, and other access controls on all project roadways. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffer, berms, fences and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: A. Landscape berms over two feet (2) in height shall have the following maximum side slopes: (1) Grassed berms 3:1 (2) Ground covered berms 2:1 (3) Rip -Rap berms 1: 1 (4) Structural walled berms — vertical When the provisions of 2.11A are utilized, native shade trees shall be planted twenty-five feet (25) on center, along the exterior side of the berm, equal in height or greater than the completed height of the berm. B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall, except that an eight foot (8) fence or wall may be permitted, with the approval of the Development Services Director, at the perimeter of the project, where the project uses would be proximate to dissimilar uses. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall or fence shall not exceed six feet (6) in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4) in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fence, and walls which are an integral part of security and access control structures such as gatehouses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of Wordsunderlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 13 of 71 the district in which they are located. In the case of access control structures within right- of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 2.4 Landscaping and Buffering. 2.12 MARCO ISLAND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddler's Creek portion of the PUD only. A. Collier County has adopted special regulations for specified areas in and around the airports in Collier County in the form of Airport Overlay Zoning Districts. Some of the property within Fiddler's Creek is within the Airport Overlay District adopted for Marco Island Executive Airport ("APO"). This Airport Overlay Zoning District concept is codified as Section 2.2.23., Land Development Code. B. Notwithstanding any other provision of this Ordinance, there shall be no uses or structures within that part of Fiddler's Creek owned by developer that conflict with the height restrictions depicted on Exhibit "FC -G", which portray the applicable provisions of Part 77, Federal Aviation Regulations, applicable to this other than utility non -precision instrument approach airport having visibility minimums greater than 3/4 of a statute mile, or provisions of Section 2.2.23., Land Development Code, relating to land uses, as it exists on the day of approval of this Ordinance. C. Developer shall give notice of the existence and restrictions of Section 2.12B by noticing the same, along with Exhibit "FC -G", in the restrictive covenants for Fiddler's Creek and by providing notice thereof in its contracts for the sale of property and residential units within Fiddler's Creek. 2.13 DEED RESTRICTIONS Some properties within the Fiddler's Creek portion of Unit 30 may be governed by recorded covenants, conditions or restrictions which will limit types of structures and specify development standards that are more stringent than those specified in this PUD document. Words'Underfined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 14 of 77 SECTION III RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC -Al" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.2 MAXIMUM DWELLING UNITS A maximum number of 6000-residentW3000 multi -family dwelling units and 3000 single family dwelling units may be constructed on lands designated "R" (The number of single family dwelling units may be increased by converting (2) two multi -family dwelling units for each single family dwelling unit above 3000 single family dwelling units,). 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district indicated on the Master Plan is 4-2,V1280 acres. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Wardsunderlin are additions; words steuek Ahmugk are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 15 of 71 (1) Single Family Detached Dwellings. (2) Single Family Patio and Zero Lot Line Dwellings. (3) Two-family and Duplex Dwellings. (4) Single Family Attached and Townhouse Dwellings. (5) Cluster Housing (6) Multi -Family Dwellings including Garden Apartments. (7) Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi -family Development Standards set forth in Table 1. (8) Model Homes and Sales Centers, as provided in Section 3.6. (9) Group Care Facilities (Categories I and II), and Family Care Facilities only on Pffeels 21, 22 cn c, 62 cn cc 66, 67168, 69 and 70, locations shown on Exhibit "FC -A I ". (10) Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with principal uses permitted in this district. (2) Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Words underlined are additions; words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 16 of 71 B. Site development standards for categories I - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Plan approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan. F. 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. G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. H. Property abutting RSF-3 zoned land shall have a fifty foot (50) minimum setback from the PUD boundary and a Type "B" buffer as specified in LDC Subsection 2.4.7.4. Parking for pool and recreational areas within residential development tracts shall be at a minimum of two (2) spaces for each fifty (50) dwelling units. Words underlined are additions; wards etrueh thmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page,17 of 71 3.6 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and signs shall be permitted principal uses in this and Sections VI and VII, as those sections relate to Fiddler's Creek, subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. 3.7 ADULT CONGREGATE LIVING FACILITIES (ACLF) The development standards for ACLF units and other permitted Group Care units shall be as set forth for multi -family dwellings. The maximum density for ACLF and other types of elderly care/group care housing shall be 26 units per gross acre. Words underline are additions; words ugh are delettons Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 18 of 71 TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED & Townhouse MULTI - FAMILY DWELLINGS Categoty 1 2 3 4 5 Minimum Lot Area 6500 SF 5000 SF 1 3500 SF *4 3000 SF IAC Minimum Lot Width *5 50 40 35 30 150 Front Yard 25 20 *3 20 *3 20 *3 25 Front Yard for Side Entry Garage 15 10 10 10 15 Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Access o 10 5 to 10 15 Rear Yard Special *1 10 5 10 10 .5 BH Maximum Buildin Height *2 35 35 35 35 100 *7 *S Distance Between Principal Structures 15 10 0 or 15 5 SBH .5 SBH Floor Area Min. (S.F. 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *l With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on lots which abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. With approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows: • If the parcel is served by a private road,. setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). Words underlined are additions; words shwk-threxgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 19 of 71 *2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five feet (5') for the garage and fifteen feet (15') for the remaining structures. *4 Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 Minimum lot width may be reduced by fifty percent (50%) for cul-de-sac or curved frontage lots provided minimum lot area requirement is still maintained, and minimum lot widths are obtained at front of the buildable area when setbacks are applied. *6 Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard, or a minimum of ten feet (10') of separation between structures shall be maintained at all points. *7 Maximum height of structures shall be ten (10) stories or one -hundred feet (100% whichever is greater. *8 Structures over four (4) stories and fifty feet (50') in height shall be set back a minimum of the building height from (a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts rural designated land; and (b) where the abutting land use (on a separate tract) is a single family, attached or detached, dwelling unit. Words underline are additions; words eirmek thowWA are deletions Marco Shores/Fiddler's Creek PUD Las! Revised March 20, 2018 Page 20 of 71 4.1 4.2 4.3 SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK AND HORR'S ISLAND DEVELOPMENT AREAS PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Low Density Multi -Family Residential - Map Designation "MF". Detailed architectural site plans will be developed when appropriate and must be approved by the proper County agencies as in conformance with the Final Development Plan and the PUD document prior to the issuance of any construction permit. MAXIMUM DWELLING UNITS A maximum number of multi -family dwelling units may be constructed. DEVELOPMENT AREA Unit 24 Barfield Bay MF John Stevens Creek Horr's Island Isle of Capri Goodland Marina Total Multi -Family Units USES AND STRUCTURES TOTAL MF DWELLING UNITS 2,544 314 72 300 Em 3,230 No building or structure, or part thereof, shall be erected, or altered, or used, or land or water used, in whole or in part, for other than the following: A Permitted Principal Uses and Structures: (1) Multi -family dwellings. (2) Group housing, patio housing and cluster housing. (3) Townhouses. B. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures. Words under fined are additions; words filmekthmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 21 of 71 (2) Model homes as permitted by the Land Development Code in effect at the time a permit is requested. C. Prohibited Uses and Structures: Any use or structure specifically permitted herein is prohibited. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: one (1) acre. B. Minimum Lot Width: 150 feet. C. Minimum Yard Requirements: (1) Buildings up to and including forty (40) feet in height: (a) Front - Thirty -Five (35) feet. (b) Side - Twenty -Five (25) feet. (c) Rear - Thirty -Five (35) feet. (2) Buildings over forty (40) feet in height: (a) Fifty-five (55) percent of the building height. (3) Lots abutting Settlement Agreement Development Line - Thirty-five (35) feet. However, in John Stevens Creek, Horfs Island and Barfield Bay Multi -family Areas the setback may be altered as determined by EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. D. Maximum Height of Structures: Ten (10) stories or one -hundred (100) feet whichever is greater. E. Maximum Density: Net site densities for each development area as follows: Unit 24 - 19 DU/AC Key Marco - 10 DU/AC Barfield Bay - 16 DU/AC John Stevens Creek - 10 DU/AC F. Distance Between Structures: Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (%) the sum of their heights. G. Minimum Floor Area: 750 square feet. Words under are additions; words Owe"brough are deletions Marco Shores/Fiddler's Creek PUD last Revised March 20, 2018 Page 22 of 71 H. In the case of group housing, patio housing or clustered housing with a common architectural theme the minimum lot area, lot width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2.6. 4,5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.6 MINIMUM OFF-STREET PARKING As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. 4.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions; words gowek APvWh are deletions Marco Shores/Fiddler's Creek PUD last Revised March 10, 2018 Page 23 of 71 SECTION V PRESERVE DISTRICT FIDDLER'S CREEK 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on the Master Plan, as RPreserve. 5.2 GENERAL DESCRIPTION Areas designated as RPreserve 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 RPreserve district is to retain viable naturally functioning systems, to allow for restoration and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's Creek development and the adjoining state owned lands, and to provide an open space amenity for the enjoyment of Fiddler's Creek residents. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non -gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the RPreserve District. Words underlined are additions; words 90welf 1howfogh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 24 of 71 B. Access to Parcel 110 may be constructed through the RPreserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the RPreserve District. (1) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek, (3) The accessway shall not be considered a road or tight -of -way, but shall be treated as a private accessway for the residents of Fiddler's Creek. Therefore, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Department Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB"). 5.4 DEVELOPMENT STANDARDS A. Within Fiddler's Creek, with the exception of Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5) from RPreserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in Fiddler's Creek Addition, extending at least fifteen feet (15) landward from the edge of wetland preserves in all places and averaging twenty-five feet (25') from the landward edge of wetlands, B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures -Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Worasunderfin are additions; words opq ek thowNgq are deletions Marco Shores/Fiddler's Creek PUD Lost Revised March 20, 2018 Page 25 of 71 5.5 RPRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management Plan requirements. Wordsunderlin are additions; words fimmeh-lhrewh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 26 of 71 SECTION VI BUSINESS (MAP DESIGNATION 'BUSINESS) UNIT 30, UNIT 24, AND JOHNS STEVENS CREEK DEVELOPMENT AREAS 6.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" and "FC -AP' as Business. Commercial development in Unit 30 is limited to 325.000 square feet of gross floor area 6.2 USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Dwelling units. multi -family (permitted in Unit 30 only) (36) Electrical supply stores; equipment rentals including lawn mowers and power saws. (6)L7 -Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stores; and furrier shops. (-7)j?)_-Garden supply stores, outside display in side and rear yards; gift shops; glass and mirror sales -including storage and installation; and gourmet shops. (8)191_Hardware stores; hat cleaning and blocking; health food stores; homes for the Words underlined are additions; words 9mook shmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 27 of 71 aged; hospitals and hospices. (9) L(LIce cream stores. %M 11)dewelry stores. l2 Laundries - self-service only; leather goods; legitimate theaters; liquor stores; and locksmiths. 13 Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. 14 Office - general; and office supply stores. " i> Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; and professional offices. 1( 6) Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants. {-13j11'nSell=storage f indoor air conditioned) oermirted in Uait 30 only 18 Shoe repair, shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. (147)(l9Tailor shops; the sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. (4) 20 Upholstery shops. 2l Variety stores; veterinarian offices and clinics -no outside kennels. (A 2222,�Watch and precision instrument repair shops. (2423),Car wash. (2-2)C2_41Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. (2-3)J25IGroup. Care Facilities (Category I and II); Care Units; Family Care Units; Adult Congregate Living Facilities in Fiddler's Creek only, subject to Section 6.9 hereof. B. Permitted Accessory Uses and Structures; Accessory uses and structures customarily Words underlined are additions; words otpuek #wewh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 28 of 71 associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. 6.3 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Front yard -Twenty-five (25) feet. (2) Side yard - None, or a minimum of five (5) feet unobstructed passage from front to rear yard. (3) Rear yard - Twenty-five (25) feet. D. Maximum Height: Fifty (50) feet within Fiddler's Creek, and forty (40) feet elsewhere. E. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. F. Distance Between Structures: Same as for side yard setback. 6.4 SIGNS As permitted or required by the Land Development Code in effect at the time the permit is required. 6.5 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6.6 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Wards under in d are additions; words srraekrkreugk are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 29 of 71 6.8 FIDDLER'S CREEK BUSINESS INTENSITY A maximum of 33,655 acres and a maximum of 325,000 square feet of gross floor area shall be used for the purposes set forth in Section VI in the Fiddler's Creek development. 6.9 FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF Fiddler's Creek Development Standards for Adult Congregate Living Facilities (ACLF) Development Standards for use 2325 as set forth in Section 6.2A hereof shall be as set forth in Section 3 with regard to multi -family dwelling development and not as set forth in Section 6.3 hereof. The limitations of Section 3.7 shall also apply. For every acre of Business designated property dedicated to ACLF or other group care use; the allowed square footage will be reduced by 10,000 square feet. Words underlined are additions; words e0wek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 30 of 71 SECTION VI A ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the Isle of Capri business area in relation to the uses and structures. No building or structure or part thereof shall be erected, altered or used or land or water used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) One 150 room hotel/motel. Maximum four stories in height. (2) Restaurants - not including fast food or drive-in restaurants provided however, there shall be no prohibition of a drive-in as an accessory to a full service restaurant (see Section 8.11 of the Zoning Ordinance 82-2). B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. . 6A.2 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Setback from S.R. 951 and the Isle of Capri Road -Fifty (50) feet. (2) Setback from perimeter development line -Ten (10) feet. (3) Setbacks from fractionalized tracts, if any -Twenty-five (25) feet. D. Maximum Height - Four (4) stories. E. Minimum floor area of structures - One thousand (1,000) square feet per building on the ground floor. F. Distance between structures on the same development tract -Twenty (20) feet. Wordsunderlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 31 of 71 6A.3 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. 6A.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested, 6A.5 MERCHANDISE STORAGE Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6A.6 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6A.7 UTILITY SITE BUFFERING The utility site in the northwest comer of this tract shall be buffered in accordance with Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the utility site, with the exception of the northern edge, where the preserve area will act as a buffer. Words underlined are additions; words slraeklhreugh are de%tions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 32 of 71 SECTION VI B ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B.1 PURPOSE The purpose of this Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and commitments contained in this Section are in addition to those contained in Sections 11 and 12 of this document. Where two or more stipulations or commitments are contained in this document, the more restrictive stipulation or commitment shall apply. 613.2 ENVIRONMENTAL CONSIDERATIONS A. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work of the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads. buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. C. All exotic plants as defined in the County Code shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any Wardsunderfined are additions; words sowek sAmweigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 33 of 71 constructional activities. E. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat saving designs should include, but not be limited to: 1) increasing the number of stories of the proposed hotel to reduce the amount of area necessary to the building (presumable the number of hotel units will remain the same; 2) reducing the amount of parking area, and 3) modifying drainage plans. F. Certain native plant species that must be removed to accommodate structures shall be, where feasible, transplanted to suitable habitat areas within the project. These plants shall include, but not be limited to tillandsiaeid epiphytes and epiphytic members of the family OrchidaceaeW, and the species that are listed in the edition of the Florida Game and Fresh Water Fish Commission's publication "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected epiphytes, and native hammock communities. G. Final alignment and configurations of water management structures shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner; the alignment/configurations shall be subject to the review and approval of the Natural Resources Management Department. H. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and EAC as part of the review process with all concerned regulatory agencies. J. All the Stipulations of the original Marco Shores PUD shall be included. K. All mangrove trimming shall be subject to review and approval by the NRMD. The goal of any approved trimming shall be to maintain the biological, ecological integrity of the mangrove system. L. The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. 6B.3 WATER MANAGEMENT CONSIDERATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. Words underlined are additions; words Legh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 34 of 71 B. Water management criteria and design shall be in accordance with the so-called "Settlement Agreement" between Deltona Corporation and the State of Florida. C. Petitioner shall provide written authorization from Lee County Electric Cooperative, Inc. to use the powerline easement for drainage retention purposes. D. No building permits will be issued until the petitioner can demonstrate that an adequate water supply is available to this project, either from the County or from the Deltona Corporation while maintaining acceptable water service to the Isles of Capri. 6B.4 TRAFFIC A. Construction of the hotel and restaurant may not commence until S.R 951 is four-laned. B. Site development work will be allowed provided that the petitioner agrees to any traffic operation measures required by the County Engineer. 6B.5 UTILITIES A. All utilities stipulations contained in County Ordinance No. 84-42 for Petition R-84- 7C shall not be amended or modified by the Ordinance approving PDA -87-1 C. B. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explanation, the statement is made that potable water for the Isles of Capri development area is proposed to be provided by the County (County Water -Sewer District). No guarantee of commitment can be made by the District that potable water will be available to serve the proposed uses in the development area until: (1) Water of adequate volume and pressure is determined to be available to the project site. (2) Construction documents for the proposed project are submitted and approved by the Utilities Division. (3) All necessary County and State construction permits are obtained. (4) An application for water service is approved by the Utilities Division. (5) All system development and connection charges and fees are paid. C. The development of this site shall be in compliance with the stipulations contained in the Utilities memorandum dated January 9, 1987. 613.6 ENGINEERING A. The Master Site Plan shows parking and retention areas within the Lee County Electric Words underline are additions; words &owek Amugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 35 of 71 easement. Prior to construction of any facilities within this easement, written permission from Lee County Electric shall be obtained. B. The original PUD stated that this site could be developed until the completion of S.R. 951, this site should not be developed until S.R. 951 is four-laned as originally stipulated. C. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91 including left and right turn lanes if required by said Ordinance. 613.7 LETTER OF COMMITMENT Exhibit "E" (attached) is a letter dated May 5, 1988, from Robert B. Leeber, President of R&L Development of Marco, Inc. to William Hanley, President of the Isles of Capri Civic Association, committing not to do site clearing or filling prior to the completion of the four- laning of S.R. 951. Words underlined are additions; words Bi~k thowugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 36 of 71 SECTION VII GOLF COURSE AND CLUB CENTER FIDDLER'S CREEK DEVELOPMENT AREA 7,1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and "FC -A1" as Golf Course and Club Center. 7.2 PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures: (1) Golf courses and golf club facilities, including temporary golf clubhouses. (2) Tennis clubs, health spas, and other recreational clubs. (3) Project information and sales centers. (4) Community Center facilities, including multiple use buildings for the community, active and passive indoor and outdoor recreational facilities, and boat launching and storage areas. (5) Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment facilities, utilities pumping facilities and pump buildings, utility and maintenance staff offices. (6) Open space and recreational uses and structures. (7) Pro shop, practice driving range and other customary accessory uses of golf courses, or other permitted recreational facilities. (8) Small commercial establishments customarily associated with the principal uses or community center, including gift shops, postal services, barber and beauty shops, ice cream parlor, dry cleaning store (pick-up and delivery only), golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf club, tennis center, community center, or other permitted recreational facilities. (9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. (10) Signs as permitted by the Land Development Code in effect at the time a permit is requested. Wordsundertine are additions; words elraek th?" h are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 37 of 71 (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. (12) Part time day care facilities. (13) Any other principal use which is compatible in nature with the foregoing uses and which is determined to be compatible with this district by the Development Services Director. 7.3 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20) from district boundaries and roads, and fifty feet (50') from all residential tracts. B. Accessory structures shall be setback a minimum of ten feet (10') from district boundaries and roads, and twenty feet (20) from 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 - Sixty feet (60'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures -Twenty feet (20'). G. Minimum distance between all other accessory structures -Ten feet (10'). H. Minimum floor area - None required. Minimum lot or parcel area- None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Words underlined are additions; words eirmek Amugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 38 of 71 SECTION VIII PARKS (MAP DESIGNATION "PARK") UNIT 30, UNIT 24, BARFIELD BAY MF, HORR'S ISLAND, AND SECTION 29 OF THE FIDDLER'S CREEK ADDITION DEVELOPMENT AREAS 8.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and "FC -Al" as Parks. 8.2 USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Parks and playgrounds. (2) Biking, hiking, and nature trails. (3) Nature preserves and wildlife sanctuaries. (4) Any other open space activity which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of recreational facilities. 8.3 DEVELOPMENT STANDARDS A. Minimum Lot Area: 2% acres. B. Minimum Lot Width: 150 feet. C. Yard Requirements for Structures: (1) Front Yard: Fifty feet (50') (2) Side Yard Thirty feet (30') Words underlined are additions; words shwek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 39 of 71 (3) Rear Yard Fifty feet (50') D. Maximum Height of Structures: Thirty-five feet (35'). E. There shall be no minimum acreage or Lot width for parks within Fiddler's Creek, so that Sections 83A and 8.313 are not applicable to Fiddler's Creek. Within Fiddler's Creek, 8.3C shall apply only where property line abuts residential property or external PUD boundaries. In addition, there shall be a Zero (0) feet setback required from waterbodies for such structures. 8.4 PURPOSE The purpose of this Section is to establish development regulations applicable to Section 29 of the Fiddler's Creek Addition, particularly Tract 110, the adjoining lake and the adjoining preserve area. 8.5 USES PERMITTED The uses on Section 29 are limited to the following: A. Uses set forth in RPreserve Areas as set forth in Section -5. 5.3 A. of this PUD; B. Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; C. Biking, hiking and nature trails; D. Launching and storage facilities for watercraft E. Active recreational activities, including golf course uses; F. Agricultural, including nursery; G. Any other conservation, recreation, or related open space activity or use which is comparable in nature with the foregoing uses which in tum would be compatible. Words underlined are additions; words sowek thmuo are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 40 of 71 SECTION IX "UTILITY""ELECTRIC" UNIT 30, UNIT 24 DEVELOPMENT AREAS 9.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and "FC -AI" as "Utility" "Electric". 9.2 ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines, gas lines, telephone lines, cable television, electric transmission and distribution lines, substations, lift stations, pump stations, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills. The utility site in the southeastern comer of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. Wordsunderlined are additions; words smuehthmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 41 of 71 SECTION X MARINA GOODLAND MARINA DEVELOPMENT AREA 10.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the Goodland Marina Development Area. 10.2 USES AND STRUCTURES No building or part thereof shall be erected, altered or used or land used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Boat docking facilities. (2) Facilities necessary for and associated with trailer launched recreational boating. (3) Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, and maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (t) Customary accessory uses of marina and recreational facilities. 10.3 DEVELOPMENT STANDARDS A Minimum Lot Area: Goodland Marina area to be operated as one entity and not to be subdivided. B. Minimum Lot Width: Not applicable. C. Yard Requirements for Structures: (1) Setback from east property line: Forty (40) feet. Words under 'ned are additions; words wpuek thowugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 42 of 71 (2) Setback from other property lines: Zero (0). D. Maximum Height of Structures: Thirty-five (35) feet. 10.4 FLOOD ELEVATION REQUIREMENTS Flood elevation requirements in order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the flood damage protection ordinance. 10.5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 10.6 MINIMUM OFF-STREET PARKING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 10.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions; words etmekthowsigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 43 of 71 SECTION XI DEVELOPMENTSTANDARDS 11.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 11.2 GENERAL The facilities shall be constructed in accordance with the final development plan and all applicable state and local laws, codes and requirements. Except where specifically noted or stated herein, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. 11.3 MASTER PLAN A. Exhibits "A", and "FC -Al" Master Plans, illustrate the proposed development. B. The design criteria and design illustrated on Exhibits "A", and "FC -A 1" and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. To protect the integrity of the multi -family residential neighborhood, internal roads within the multi -family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be public. It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road. Those portions of the roads depicted on the development plan of Barfield Bay Multi -family and Hon's Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi -family area will be public roads. 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is illustrated in Exhibits "A" and "FC -AI". (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar -in -function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" and "FC -Al" (for Fiddler's Creek) development plan Words underlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 44 of 71 shi&mav be provided and completed in timing with the adjacent residential units. The Marriott golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis. The remaining golf courses in Fiddler's Creek shallmay be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents togc::•:, thg Fmunat-g Fasi,efAia' unit. The remaining golf courses and community center (including tennis facilities) shall be privately owned facilities and may be constructed on the designated site in conformance with the development needs of the project. Neighborhood parks, bicycle paths, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Those facilities within Fiddler's Creek scheduled for donation to the County are two community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A community facility site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddlers Creek, a site will be dedicated for a library and another site will be dedicated for fire station, EMS, and other public purposes. Deltona previously dedicated school sites within Fiddler's Creek to the Collier County School Board. Subsequently, the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon request. 11.5 CLEARING, GRADING. EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development of the drainage and road systems within the various development areas. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. The Fiddler's Creek Addition was not covered by the Settlement Agreement or the Fill Agreement, The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. Words under ined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 45 of 71 11.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as otherwise specified herein with regard to Fiddler's Creek. Certain streets have been proposed for development in Fiddler's Creek which will be constructed pursuant to right-of-way cross-section depicted on Exhibit "FC -F". The drainage system for these streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. 11,7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 11.8 WASTEWATER COLLECTION. TRANSPORT AND DISPOSAL See 12.4 of Section XII. 11.9 WATER SYSTEM See 12.4 of Section XII. 11.10 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 11.11 OTHER UTILITIES Telephone power, and cable television service shall be made available to all residential areas. Such utility lines shall be installed underground with the exception of the primary electric service as described in 11.7 above. 11.12 TRAFFIC SIGNAL See 12.6 of Section XII. 11.13 FLOOD ELEVATION REQUIREMENTS In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by The Collier County Building Construction Administrative Code. Words underlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 46 of 71 11.14 ARCHITECTURAL REVIEW All buildings constructed within the development areas must comply with the architectural review standards which shall be specified by the recorded covenants, deed restrictions and development documents. 11.15 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, except as set forth for Fiddler's Creek in Section 11.22 hereof. 11.16 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 11.17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS -001 -SO 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. C) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). Within six (6) months of approval of the rezone of Section 13, Developer shall Words underlined are additions; words sFw6k4hreegh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 47 of 71 grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. Any other drainage easements required in Section 13 for the conveyance of off- site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 3 above. B. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: 1. Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS -00-S0220 and SIS -00 -SOHO to assist the County in managing drainage on the U.S. 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: a. The temporary easement shall not exceed eighty-five feet (85') in width. b. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to the development of Sections 18 and 19. C. The above is subject to permitting by South Florida Water Management District ("SFWMD"). 3. Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said platting process, provided minimum flows are maintained. 4. The purpose of the Easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet -flowed across Sections 18 and 19. Words underlined are additions; words oh-mek thowNgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 48 of 71 Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water said outfall are routed into the Fiddler's Creek spreader swale system. C. FIDDLER'S CREEK ADDITION OF 168 ACRES The following standards and stipulations shall apply to the 168 -acre addition to the Fiddler's Creek portion of the PUD: Provisions for the 168 -acre addition to accept or pass through existing flows from the existing canals which convey flow from the North and West, shall be addressed by one or more of the following methods: a. Continued use of the existing easements provided to Collier County for pass through of existing flows until such time that alternative easements could be provided. b. Rerouting of the existing flows through the internal lake system to be developed within Fiddler's Creek. The existing easements (a. above) shall then be replaced with a permanent easement not exceeding 85' in width encompassing the rerouted flows. C. The above methods are subject to permitting by South Florida Water Management District ("SFWMD"). Developer shall grant permanent easements as part of the platting process and shall have the ability to change the boundaries of the easements and profiles of the drainage swales during said platting process, provided minimum flows are maintained. The Developer shall be responsible for all permitting and construction costs for any new easements and drainage swales. 11.18 POLLING PLACES Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate county facilities are available, rooms will be provided within a building or buildings designated by the Developer and approved by the Collier County Supervisor of Elections of the purpose of permitting residents to vote during all elections. The number and location of needed rooms within such building or buildings will be determined by Collier County Supervisor of Elections. 11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation arc provided in the stipulations relating to Hon's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native Wordsunderline are additions; words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 49 of 71 vegetation in these areas. A. Preservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 756.4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC -Al", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits or by this PUD, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. 11.20 MAINTENANCE FACILITIES A. Unit 24 and Fiddler's Creek Developer may create a community development district for Fiddler's Creek. If such a district is created it will comply with the following requirements. If the Fiddler's Creek Developer creates a community development district ("The Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida Statutes, the property in Unit 30 owned by Developer may be included within the Fiddler's Creek Community Development District. The Fiddler's Creek Community Development District may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage facilities and rights-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek owned and developed by Developer, including lake and lakeshore maintenance; (3) Parks, other than those dedicated to the homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association. or individual condominium associations; (5) Street lighting, and; (6) Other allowed facilities and services pursuant to Chapter 190, Florida Statutes. Chapter 190, Florida Statutes, grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and Words underh d are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 50 of 71 special assessments, borrow money and issue bonds. B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi- family Area. A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Herr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Hon's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Hon House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Hon• house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents of Horr's Island but which are not available through local government or private enterprise. C. Barfield Bay Multi -family, John Stevens Creek, Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi -family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: Words under ' ed are additions; words serwk shmwh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 51 of 71 A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross-sections attached as Exhibit "FC -F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50) right-of-ways and that serve only one tract or parcel. B. Land Development Code §3,2.8.4.1 - The access requirements of this Section are waived and connections shall be as shown on the Master Plan. C. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan. D. Land Development Code §3.2.8.4.16.5 -Right of way widths shall be as shown on the roadway cross-sections attached as Exhibit "FC -F". E. Land Development Code §3.2.8.4.16.6 -The length of dead-end streets or cul-de-sacs shall be as shown on the Master Plan. F. Land Development Code §3.2.8.4.16.9 & .10 — The minimum of these sections are waived and the tangents shall be depicted on the Master Plan, except for the Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these sections may be waived administratively at the time of PSP or development pian submittal with justification based on design speed. G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. H. Land Development Code §3.5.7. 1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. Land Development Code §3.5.7.2 &.3 —Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for the Fiddler's Creek Addition, which shall be in accordance with Division 3.5 of the Land Development Code. J. Land Development Code §3.2.8.4.16.12.d — The pavement surface coarse thickness shall be as shown on roadway cross-sections as Exhibit "FC -F", except for the Fiddler's Creek Addition, where the pavement surface course thickness shall be pursuant to Appendix 'B" of the Land Development Code. K. Collier County Land Development Code provisions requiring platting, site development, plan approval and/or issuance of building permits as preconditions for land clearing, excavation and filling of land within the Fiddler's Creek portion of the PUD, as amended, shall not apply to those lands which have been previously utilized and cultivated as farm fields. Excavations will conform to the excavation requirements contained in Division 3.5 of the LDC, except as may be provided herein. 11.22 SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, Wordsunderline are additions; words siniek shmeigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 52 of 71 with the following exceptions: A. Permanent Community Signage Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development, and shall not contain any promotional or sales information. (b) Protect identification signs shall not exceed sixty (60) square feet excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height often feet (10') above the finished ground level of the sign site. 2. Boundary Monument Signage - Project monument signs may be located at or near each boundary of the project on S.R. 951 and U.S. 41, provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of Section 11.22.A.1) are met. 3. Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than eight feet (81) in height and thirty-two (32) square feet in area, provided the requirements of Section 11.22A.1) not in conflict herewith are met. 4. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A.1) not in conflict herewith. B. Temporary or Promotional Signage; These signs are to direct prospective purchasers and identify the various projects being developed. 1. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. Wordsunderfined are additions; words &owe* #Ywugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 53 of 71 (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10) above the finished grade of the sign site. 2. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.13.1) not in conflict herewith. 3. Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of _" may be erected, subject to the following requirements: (a) Such signs shall not exceed six (6) square feet in area or protrude more than four feet (4) above the finished grade. (b) Such signs shall meet the requirements of Section 11.22B.1) not in conflict herewith. Words underlined are additlons; words shwk4hreugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 54 of 71 SECTION XII STIPULATIONS AND COMMITMENTS 12.1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD A. Conditions Recommended by Environmental Advisory Board ("EAB") (1) Staff recommends approval for all development areas of Rezone Petition R -84- 7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Multi -family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. (6) Historically, off-site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off- site flows be impacted by the initial proposed development, provisions shall be made for re-routing and/or continuing to allow historic off-site flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 Words underlined are additions; words Hugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 35 of 71 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-1, dated January 1984, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from abutting rights-of-way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. The above does not apply to the Fiddler's Creek Addition, which shall meet the requirements of Division 3.5 of the Land Development Code. 12.2 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD ("EAB") A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (I) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six-foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi -family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC -Al", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. (2) Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's Words underlined are additions; words ugh are deletions Marco Shares/Fiddler's Creek PUD Last Revised March 20, 2018 Page 56 of 71 archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. (3) Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for the Fiddler's Creek Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre -development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for the Fiddler's Creek Addition, which shall comply with the applicable requirements of South. Florida Water Management District and Collier County (5) Other (a) Native vegetation should be retained and used where possible for ground cover. (b) If feasible species should be transplanted from development sites to border Words underline are additions; words are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 57 of 71 ,itxx1 (c) Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco Island development areas). (d) Remove all existing exotics on site as described by County Ordinance. (e) Follow design considerations as outline in County Environmentalist's memorandum dated May 15, 1984. Stipulations to Rezoning of Category II Lands: Hon's Island, Barfield Bay Multi -Family, John Stevens Creek (1) Native Vegetation and Habitats (a) Final site plans and drainage plans for Category Two Lands shall be designed to minimize the destruction of vegetation classified on Figures I and 2 as rare, unique, or endangered. (b) The final location of roads buildings, parking areas, water management components, and other facilities shall be carefully chosen to minimize impacts on R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (c) At there areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (d) Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County Environmentalist's memorandum dated May 15, 1984. The following area -specific recommendations further clarify these general comments: Horr's Island and Barfield Bay Multi -Family Area C (f) The majority of Hon''s Island (excluding the mangrove areas within the Words underlined are additions; words strwek threagh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 58 of 71 development limit line) and all of Barfield Bay Multi -Family Area C (Figure 1) are classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site- specific, a detailed survey (Including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shall be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist. (h) The vegetation survey, which will be utilized in the final site and drainage plans developed for Horr's Island and incorporated into the final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terns of Resolution R-82-86. (i) It is suggested that the Developer or a third party purchaser, have similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (j) If the Developer or the third party purchaser declines to have such surveys conducted (Resolution R-82-86 precludes the County from requiring such surveys as a part of the EIS review on Category Two Lands other than Horr's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering Services, if desired, and incorporate the results into the recommendations regarding the site plan before final approval will be considered. (k) All site-specific surveys will be conducted prior to any site alteration. (1) Those surveys conducted by the Environmental Section will not delay Developer's timetable. (m) Surveys for multi -family lots on Hon's Island may be delayed until future lot owners are ready to develop the site. (n) To this extent, the Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, Words under! ned are additions; words seeiek- fhfwi:gh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 59 of 71 water management facilities). (o) Surveys for Developer's activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations. John Steven's Creek and Areas A and B of the Barfield Bay Multi -Family Area. (p) The majority of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous activities and therefore not classified as R.U.E. lands. (q) At these sites, R.U.E. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities, (r) Land use is not precluded from R.U.E. areas, however, only those activities that will not significantly alter those areas' natural characteristics will be acceptable. Such activities could include bike paths, vita courses, nature trails and other low impact activities. (s) Road corridors through R.U.E. areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat and mitigated by the transplantation, where possible, of native vegetation to adjacent, unaltered R.U.E. areas. (2) Archaeological Resources (a) The archaeological survey of Herr's Island to be conducted by Developer's archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). (b) The results of this survey will be incorporated in the final site and drainage plans for Horr's Island. (c) Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.E. for incorporation into final design plans. (d) If not conducted by Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval of the final site and drainage plans for these areas. Worosunderlined are additions; words mmekthmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 60 of 71 (e) In addition to the pre -development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. (f) In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the Developer, or the County, or the State of Florida archaeological consultant a chance to excavate the find. (g) The Environmental Section or its selected consultant will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. 3. Water Resources (a) The final water management plans for Category Two Lands shall be designated to minimize the clearing and alteration of land in R.U.E. areas. (b) This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. (c) Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (d) Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of Horr's Island in Figure 4. (e) The benefits of following such plans include: (i) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side -slope R.U.E. areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (f) The ultimate stormwater discharge points for Category Two Lands will be Words underlined are additions; words struek theaugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 61 of 71 carefully located in areas most suited for receiving such waters. (g) Low quality, semi -impounded wetlands, buffered from productive aquative and wetland areas by distance, topography, or existing roads will be utilized. (h) Potential discharge points are indicated on Figure 1. (i) In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. (j) The Environmental Section recommends a sodded area of no more than five percent (5%) of any structure's area. (k) The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (1) The final water management plans for all Category Two Lands will be reviewed by EAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memorandum depicted in Figures 3 and 4. (m) During plan preparation, Developer will work with County staff to arrive at a final product compatible with these general guidelines and the associated conceptual diagrams. (n) Where two alternative water management approached exist, that approach which will best serve to minimize alteration of R.U.E. areas will be chosen. 4. Other. (a) Native species will be transplanted from development sites to border areas. (b) Where transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Developer development areas). (c) Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. Wordsunderlined are additions; words somek Amogh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 62 of 71 (d) All existing exotics on site will be removed as required by County Ordinance. (e) The use of introduced non-native species for landscaping will be severely restricted. (f) All construction, clearing, and filling locations in or adjacent to designated R.U.E. areas will be flagged and field approved by the Environmental Section prior to the commencement of site work. (g) Turbidity screens, or other similar devices, will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum. C. Additional Stipulations (1) The EIS prepared by the Corps of Engineers will be accepted to fulfill the requirements of Division 3.8 of the Collier County Land Development Code with the condition that the stipulations contained in the County Environmentalist's May 15, 1984, Memorandum are followed. (2) Specific stipulations to modify site plans for all Category I and II Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by the EAB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. Fiddler's Creek shall not be required to comply with the provisions hereof. (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. (4) The EAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 15, 1984 memorandum. (5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site-specific information, to the extent this provision is not modified by the Agreement between the applicant and Collier County, dated April 4, 1995. Words underlined are additions; words ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 63 of 71 (6) Tree removal permits for all Category I and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. (7) Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. (8) The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under a separate petition. (9) The exact locations of the roads in Category Two Lands, will be approved during the review of the final site plans. (10) Because some of the recommendations, particularly those involving development in areas of Horr's Island or other Category II Lands designated as rare, unique, or endangered, would require specific actions and further review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. (11) Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provision has been made for modifications of the plans such as proposed in the County Environmentalist's May 15, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with the Developers of all Category I and II Lands except for Fiddler's Creek, initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Anny Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer Words underlinedare additions; words etwek theeegh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 64 of 71 may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D-11, D-46, D-47 and D-48 of this Exhibit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation. In the event the Engineering Detail Drawings are varied in accordance herewith, Developer shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi -family 2. John Steven's Creek; and 3. Horr's Island Exhibit E — I A Wherever vegetation is discovered in the Barfield Bay Multi -family, John Steven's Creek and Hon's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply, to the extent the Developer of Horr's Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: 1) Multi -family tracts and roadways abutting wetlands shall not be required to have a minimum ten foot (10) wide by six inches (6") deep swale. 2) Multi -family areas shall not be required to drain toward rear yard swales. 3) Developer shall be excused from compliance with the one-half inch (%2") dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, the Developer of Horr's Island shall design the Barfield Bay multi -family, John Steven's Creek and Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. 12.3 STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE A. The approved stipulations of the EAB pursuant to the memorandum from County Words underlined are additions; words e0wok Ahmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 10, 2018 Page 65 of 71 Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Regulations to accommodate fine tuning of the final site plan; B. Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. C. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. D. For the purposes of platting and replatting within the project area, assurance for the completion of subdivision improvements will be provided by Developer subject to approval by the County Attorney. 12.4 STIPULATIONS AND COMMITMENTS — UTILITIES A. Waste Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, hic., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in "1" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier Wordsunderfined are additions; words rrpmek shmugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 66 of 71 County shall lease the collection facilities back to Developer alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. (d) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of Words underlined are additions; words e✓wek dy9ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 67 of 71 the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (e) Either Collier County Water -Sewer District or other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. (f) It is anticipated that Developerwill use treated wastewater effluent to meet the non -potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided for in (2) above, the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water -Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non -franchised areas. (2) All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non -franchised areas shall be dedicated to the County Water -Sewer District prior to being placed into service. (4) All water users in the non -franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. (6) The developer will provide one Collier County Well Field Easement in the general vicinity of the southeast quadrant of Sandpiper Drive and U.S. 41. The well site shall contain 4.000 square feet with the dimensions being 50'x 80' and access via temporary construction easement shall also be provided as needed to construct the well site improvements in the final, approved location. The location of the well site shall satisfy setback distances required per Chapter 62-532 of the Florida Words un erlined are additions; words 90wek threugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 68 of 71 Administrative Code. The easement is to be dedicated, subject to compensation at fair market value of the land or equivalent impact fee credit pursuant to Section 74-205 of the Collier County Code of Ordinances, at the time of plat recording or Site Development Plan permitting, unless waived at that time by the Public Utilities Department. 12.5 STIPULATIONS AND COMMITMENTS — TRAFFIC Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following: A. Traffic signals at each of the new intersections created on SR -951 and US -41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. B. All required auxiliary tum lanes at each new intersection created on SR -951 and US- 41. C. Street Lighting at major entrances into the development. D. The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 951 to four lanes between New York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement. All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this PUD document relating to the provision of fill for State Road 951 have been fully satisfied by execution of the Agreement between Developer and Collier County granting the County the right to enter upon the property for the purpose of excavation of the fill needed for the four-laning of State Road 951. The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. 12.6 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations: A. That the staff report recognizes that SR -951, after four-laning, will be approaching its capacity in 1990 and that appropriate recommendations be made to include the future 6- laning of the northern most section in the county's Comprehensive Plan. B. That Unit 24 be prohibited from any development until SR -951 is 4-laned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4- taning of 500 feet of SR -951. This donation, to be used by the County solely for the 4 - Words underlined are additions; words Rtwuek shmWh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 69 of 71 Janing of 951, shall be determined according to FDOT's SR -951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair -share contributions included within these recommendations. C. That the Isle of Capri Commercial PUD, due to the level of service of SR -951 closely approaching "D", be prohibited from any development until SR -951 is 4-laned. However, site development work including clearing and filling may be performed on the site prior to the 4-laning of SR -951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. D. That the Developers of Horr's Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR -92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Developer of Hort's Island will not be obligated to bear the cost of improvement to that portion of the intersection. E. if the marina is developed, the developer of the marina will be responsible for the reconstruction (if necessary) of the intersection of SR -92 and the road to Goodland. F. The Developer's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR -951, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction, with the exception of needed improvements at newly created development road intersections with SR -951 and US -41, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance 85-55 have been determined to satisfy the conditions of former Section 4.D.9.K.(4) of Collier County Development Order 84-3. The Agreement between Collier County and Developer as described in Paragraph 9.C. fully and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for transportation and for mitigation of traffic impacts under this DRI Development Order and PUD document over and above legally imposed county -wide transportation impact fees. G. Any construction road or private roads installed from Fiddler's Creek to U.S. Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. Words underline are additions; words ofou6k thmugh are deletions Marco Shares/Fiddler's Creek PUD Last Revised March 20, 2018 Page 70 of 71 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS A. No filling of the east -west canals/ditches contained on the 22.9 -acre parcel described on page 7 of Exhibit "FC -CI" hereof shall occur prior to the removal of exotics from the Preserve parcel located between residential Rparcels 11aand 49 east of Collier Boulevard on the north side of Fiddler's Creek Parkway as depicted on Exhibit "FC -AI" hereof. B. If the development activities in Fiddler's Creek are the cause of flooding in the Port -Au - Prince Project, Developer shall take immediate corrective action. C. Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within the Fiddler's Creek Addition. 12.8 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS -WATER MANAGEMENT A. The Developer shall make provision to accept or pass through existing flows from culverts SIS -00 -SO 150 and 180 under U.S. 41 by one or more of the following methods: i) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. ii) Routing south along east side of Section 13, and further South connecting to Fiddlers Creek spreader facility. iii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. B. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. I along the west side of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. C. Any other drainage easements required in Section 13 for the conveyance of off-site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 16.13) hereof. Wards underlined are additions; words 90wok Mm ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised March 20, 2018 Page 71 of 71 rI 7 I I tl 'I �f• � ;� QQ: I • I �� _ ^oi .. .... .... iY, .: is .. •. •�. ••t.. _ � III ., '�. er ,:�.;Mv,.�^, S, •.>'•yi�-„ i + s -MARCO •SHORES .w.as E�9aF1 I550G1E5 ill : Will H l ... ua+:em .•w .. w.n� ns .L>t,i:L: . . + I,i � II lr�{ j "wilig Itao,.ruu,,. 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"foo 111. ta.fett W a /1014441 of IIILJ4 flea " .0 ta14f941a{w with W "af447r uses •1 het &I" Of !aha* 8401 k M. 40td tatlNwttM seams 04 POINT of t lal/mh4 of t" 94B6441 U laad bete Wtl.f d.0441N90 1,4000 N 7•i1'1Yd #Isms 9414 06414411 SWISS 41 11.1 ube 09 1.041 Need p. 931 4 di6twel of 311/.11 1.411 owe 1.00/44 aa14 1400,01► allot 1t 1•f Aute t•. 11P14.10•t a dfet141e t1 1111.36 14011 Sallee RAM '11-9 a 4144w6 at 131.11 $00t# W"s 41r11.11'g a 414"641 at IL41 title 144ded /IY1P 71'4 • Q.""9 a9 111.11 . . holt444440 931•)/'3{.1 a 11016414 ac Nl.is 14.11 sales.a17•lo'at,$ 4 41414"1 41 111.41 11116 0404@ 611•31.11.9 a 41tot4ade if 11.11 9449# W"44 I1194•Irs a Altamaha 1f 11619 1;914#1,160,40 914.14.40.4 6 diets 4 at 144.44 Seem# 460,4# dl't4"4 of 944.47 $1411 44*"9 93r1P76.2 a a4t"se 64 11611 host 1314440, 014134.34.1 a 41114419 of 91.31 coast ahead@ 044-01.11.1 a d11f•aw 94 111.41 14004 $64.41 VIA -44-96's e dtataole 9f &$$." 1444/ Saea14 411fY4-14.9 • se6fa". tt 111.23 9HU taus• serivers a Atiotwe at 373.11 $seat ah.ae@ 411•31'34.9 a 114140414 99 III.1I lea%# u4ale 96MVIL't 6 etas."* of 141.44 #"If 47""4 $IM1•4s t a 446"afte as 341.11 t•H, thoofo 41019V1rs s d/1s4"9.91 a4./* ht,, 64.44@ • sl7•soo34.9 4 halm"* at $3.01 $4019114441 13 0 193'01.9 9 41114"e at 11.13 144110 "4441 63r31•1rt 4 diatomite of 14.14 9441, sh*"a IIr11-01st a 19696016 of 41.31 [4411 14.411 $14•lo•94.9 a diets", al 111.13 Joist 164"• 413/•14•/t't 4 /1N4a44 @f 13.11 Comp off"o 014-31.13.9 • dtoo.•ee At fs.IS Una .0o"* serll•lra 6 4t*tN1• *f 40.11 ge.%# falls, 1l1.34011.4 9 diet@", as 139.34 still 464"1 141.1!•14.0 6 Ilsea"* 4t 13$.34 1"%1 Lt640@* seU•$f•N a flatfoot 04 111.31 loop 464*.0 06494•dra t 411144/0 09 114.11 least aha", o11.31.93.4 4 dt*l.ade 0f 321.11 91011 oe"e Nal'31•IPt 4 41116041e of 113.44 $sett Wane at -033.131 a dltt4fte9 9f {14.1) Slott they* 070-11.1149 a disease* of $1.97 te.t1 shafts• 012.11.34.9 6 41446a4s 1t 133.19 steel {311"4 mot•41•11•I o I1a14"0 of 11.13 S@01# WM1, N{r12-31•a a dlwle. dt 144.01 feet, Ib.04* 011.31.4449 6 41114044 or 311-93 costs shut, •13.11.34'4 a d11144,.0 of 341.34 civil 48404• 011.41.31.9 a 41,04444 of M.se c4Hl I"", "/-01-0149 0 dlatlae* $1 111.17 1.4t1 tbd"o 414-14.19•/ o 41111a1• */ 249.41 Cliff 40.ale 4111•Il'11•9 a d11a•9u 62 211.42 goal. ma.... ll4.al111.1 a glass ahead•41 4-97.48-1 a do, 444.11V/•/ 4 da44*"t N 311.1 411116"1, 4$ as.•/ cwt lout* 1 tooet thood* 134.1/'3'11 • t{• 1 I "13#19 1 116%&441, 4f 411410.0 4f 14.09 1404f too" 9 3 1;' 11 t•oods 911.12.01•. 4 41 011.14.31.1 1 41614440 of 111.1 41"14", of $ILA$ foes!! 09"1, i (,oil $$#"• s43.11'11*a 6 do@ tll•14•01.9 o diets "• of 330.1 41/,9444. of 317.16 949%1 09"9 I 3 11.11 11411 Pum• 40419 /{1'31.11.9 • ,• \ .�'� • 11 team 14414 feats 14-V a Lade 944-11-94-V . o dahPos* of 11.11 46.9 4 iii boom* sol -a NN* � 1 ,". o.14•4 $ • /t I14J@ . leg beag) peer "uta 31.01. tfl•ll•31•l • 1 � .•spy: 0 411111". of 111.11 • "t7, EXHIBI I e S 9.619 Q•N• 111.11.71.1 • /164&&61 of 77447 (6111 Shama• st4- 161010 • 494ts"4 of 11741 14411 440440 •414..4a a 44 u 11644• N 11.1► foot• Std. alres•S6-61 7•v • •1tl.w.•..t 41,11 g•x $Ƹ 141.11134ov s 41aso4dg Of 140.31 44490 Usage, a1Mjoo11411 a estimate of 131.44 feta/ 111044`0 240113.44.0 e , e ltoosas of 717.11 teat/ afwm va M31'll•/ • 4/1{8@4# .f MM 1491 144"4 0141434•11.7 • distaff• •1 17.44 Leal fi.4a, 81 so folios 0 4144.44. 4g 170.0f flat# seemed 1x•11074.0 4 f 410146410 Of 131.11 fosll 484690 084-11.73.4 4 444404 of 319.94 1 1••t11.44• 161411.71.4 • digital• •1 l4hl$ 1••904b.046. f a61.1I'll•s 4 /1444490 Of 111.44 LH4 44.440 161.11.16-4 e 41,44444 •d 133.11 fools thew. /Uyd•3444 d 4144."o of 14.11 14418 %am"a 031.74'41.1 4 4164x90 of 11.11 Las, %a-aae 449•11.79.9 a esxa444 of 141.17 dealt $64448 044.31.44-4 • 11444446 41 771.11 14941 454440 03r33'3M4 4 /14.4+44 4t 411.33 If*H 1490414 086-13.11.1 4 41444040 at 117.41 to,%$ 18fffs 111.11'14.9 4 114&&44• is MIS LOU flood* LY41•1ry 0 , 11414"4 ad 113.44 loot# Negse 113'97411.11 4 41.1804 /f 111.44 It -I, assets /31-43.41.11 4 allocate of 111.11 tout •4.44• /l/•11'/11.11 4 41•lllfe ad 1114/ Costs tao44o 113'61-41•v m 4144AN• @9 731.31 Lot# Ideas• /43-34,14•v a dloloat4 fo 44L7a 44.tt 144440 .1.41.104 0 dialsa of 14.41 least losses/44-41414.11 0 41414441 •e 44.31 Losal/ "goo$ 448.33-33'11 misfiled 04 71.10 #eggs Saolee 46M11•14•11 a Iltea"a as 114.11 staff $luta 084•17.71.11 4 dislodge If 131.11 94411 18ea4• //Plsoll•t a flood me0 •t 171.41 1a$U $&sea• lo7.77071•9 a 4l estate III 77.47 post latest Iq•37.17•1 s 11814644 of 13.17 !tea %104414 131.47.71•■ a 41444"e of 14.17,C••V U••a• /11.14'11.1 d 1144x44 of $13.17 least 144444 111.17'14.9 a 41do•"e of 1144 Caddo Ideate 1131'31411-4 t dis""e at 117.13 14.11 Nv edge sil•1141t•4 dlstdite of 11.94 14.14 oases 111.47.71•• 4 61/10444 4f 141.08 dealt %lead• 114-91,11'• o 41 *food* of 141.11 1044 1444fe 04•11411'v • 444to•a4 #9 1x.14 1441, U@Of@ 081'1141'11 • 41844"@ @4 11.11 14411 440644 1114114//•11 4 414%44414 6f 771.41 9441 %a•• 08V11'41'f e 4les4le@ 09 111.14 oafs$ %Nle• UP31•3Iu 4 • 414twm 04 111.11 01 t1a44a,.I/P/7•t#'• •' 11+•144• do lid! foes, damage If 4. 7'11-1 t 41411244 df 774.13 #1641 those# /41.71'11.9 4 41446440 al 341.11 99411 U44461 • IWIS'11.• diaso"4 of 11644 Let# cot 44 193.31.41-11 4 41amata @7 317.31 least 44•040 /11•H'33•� a 110464,64, of 71 dc 90440 asowo er31'11•s 4 44444"* Of SSS.43 14041 owe 608.14.33-3 a did%we ad Mad #Peso damage $04-37.77.1 • disclose •1 144.30 tool# IdoagO 914.114x•1 • diskette of 14.34 leets Iddato ee#-41'34.9 • 411441 •d 148.9/ 8"41 4114440 916-64.11.11 • dues"o as I33.a -144%4 coffee 4er44411a/ a 41e14Ne 49 MA$ seat, Seemed 611'34-f1-4 a 110140.94 01 71L94 goals 904"4 114-01.31'7 e d/glee 09 164.71 feet# N4lee .33'11-lD•t a attainder, of 17.43 9.044 %64044 171413-3011 a 19444440 04 $1.30 costs Idosed 813'37.74'8 • 41044044 4/ 9L34 least tae44o 708.13.34;4 0 414/00 at 771.94 10411 saafts 14M944IP9 a diseases at 186.94 toast damage /31•33•73•t a 4111444• of 140.01 tool# Leat# ■31.11.11.9 a 41 14444 m9 733.61 14441 $seats 133.11.17.4 0 dialogs. 09 119.44 94440 •soles v4ris-tra-s dlls•m44 of 131461 Lax &Ƹ 011/43411*/ a distaff• ed 14.43 pees 44•we 11S•00A-9 6 194144441 Of 7/LIS 11441 coe"s 114'71074.9 s dlegw• of 747.4 call theme 47r39,44.9 a diastase ad 11.11 14441__!4!440 ex -97.11.9 • dleclwt at 1410 944&& $$•"a 94#41 Islas@ 941.11.7009 • 41104644 of 740, 9wt# sae"a 1x•14'11'1 a distaffs 44 elect pasass"s s4r0844c•s e 4414044 04 41.46 g@490440"0 •74.11.4116 • 49444"0 ad $4.11 Noor 1141.9. 244-011'0847 • admitted of 01.44 /woe ase"• 730.39441.9 a 11@60••0 •d 01.31 lfet W"4 for,14474•4 f 49414"@ @1 31411 tat% W"a ftrfYlA a dla41g4 49 48.17 lost# is 0 It 300 • 4tdgfN@ N Itself 80*08 Y#"4 1114!1014.9 • /104-614of 446.0 4004 /61"4 1104•/4411.1 4 4Ut•"• of it1. 7 1404,shover. 1No•73'1•'v • 191tw4 •9 414/1 coati save* @ 119474.11-1 • ``@140 of 133.79,144Ne• a14•l004.9 • 41@%0"0 @d 3�>4610 at is 4aas► 460"9 ■14.14'7t•v dissected, •4 91.4. 9441/ 4444-0 11M71031R a 4►oads@s 09 $Los clotWN@ s4W7-74.9 / 414la4N •d 19.71 4••t# New• all - 7-44.9 0 41640840 09 Isles$ $late ts@"@ 733-73-33.6 a 41644610 at 4419 pmt# altase 9Irs1644.5 4 @►@same at 91.50 pt#► 94•.44 Sit lo71'1 a 11444044 of 117.49 pas# Wsee I lei /11.11'11.9 4 distance of 117.11 loose StaOse 13r1176 -t 6 40 of Met case# Items Ist.11'13•/ a 6. 0 69 111.17 t $31.11'1106 a dialect* of 16.11 Nn/ 944449 811.11.64.9 0 46646M* at 711.0$ laoil ass s1r1111406 a 4146tme4 of 144.10 steel '16.44• 1141-IN14.11 0 4196044 of 131.111 state Stine• •� 1144-7104101 0 111.66*• of 177.33 Coate %asset tsrN'16•9 119416046 04 $$"1 99441 tat... $41.41'11.9 4 distance .f 114.t1 dealt %boost 651.41.11.3 6 dlsttne4 .9 111.11 Iaite estate 649-1111.•11 0 *isolate 41 71.11 99.41 taste• 333.31'71•% diseases of 11.11 Ise%# lasso* 01177.81"[ a disease..! 1.e# 1;4 to 149444 •11•7t's 3.1 a 1144444 u * of 313.30 lease %Det 611'41141.0, . I14ta04o ad 31.46 14.60 case., ur.l•ss•t a 1 •lour. N 311.14 !4441 Saint* 411.14.1r9 • •681"44 at 3144.11 944 1 Stands■31.11.1x9 • distance of 47.71 stele oast• 637.347406 a Helm• of 44.31 Costs 0e*40 0136718l1•t e dialect* at 64.11 goose solid. 631044-14-9 a distance of 1617 geese IS4440 ad. -4473.1 • 476414" of 34.01 Late 60.•444 of 111.11 4 l# too ISM •sal 6m"t Nrss9r0 a mount, 0f 371.11 loot$ 7"441 Ilrt4.14.6 • distance as 14.11 96410 l44e"1 *a'd 33.4 • settees ad 14.19 Cocoa Yew vira1'1g-e a 4641.14 •t 31.17 dooit %Aloe* /64•/1'11•+1 a din."a of 74.13 loss u•nt• 933-61.11.0 6 disease. of 01.44 94491 theme• 111VIII44.1 • dial44eo of $1.31 9f4t# 0,040 441-11'11'0 0 distance of 17.11 9,11 I44ote 011.14'1:1 s Situate as 141.34 itM 4as44e 441'41'14.0 4 414%644. *4 17.31 #onto V,"4 aI lot 1.16•■ a distance at $3.11 tests 04044 101.13064-4 4 • d14temn ed 133.14 gaol# "*"a 014.13'14.6 • 49Slaw of 144.44 false 914446 611.1/'34.1 • 416%4440 of 141.49 loose assets i7r31'10.9 d ds4lws at ecu 10641 111r13-9rt a diets", of 11{1 •-„-•. to • Mausolea et tea.11 14111 604"• 1104'71.1%'• a 44" ad 431.11 teal# saws UI'N ert a dl41/w of 141.73 glass 04440 11111-41'13.1 a 41094040 0f 164.33 dealt uses. 61r33 -tri a dl*44440 0f 24s.s4 Mate %some n%3 -e#•7/•+ e 41/t/aat at 148.11 9"ea a6•"0 v4s-avarn • distance N 13.01 90440 144440 1131-31-33.11 a diets44• of 16.31 loots ease* • 611'33-31.9 • 111044"• at 13.13 flat$ us"* 3}4891-44.9 a • 111/owe of 3LIf least taints 113.13 -ire a d9ltwe at e164v tea%$ 91444 44393'3106 • distance 49 134.11 lost# ta.440 16371'33.9 a di•Alede 04 $4.61 10410 us"$ $44-71.33.9 a 41494440 •d 34.13 loot$ aseoa* 651138-717 • distance a! 71.11 Mat* 464440 113rit-el41 • distance o9 64.73 feat# State. /11.16-31-0 4 41.9a"o e9 13.06 18441 tbo"e 031.33.47-0 e distance $g 113:41 9444# %iw* air%60300 * 4in/mo ad 163.31 10441 IAl*40 8Is-41411.11 •distance 04 641.14 tests seams 0-%963-31034-9 a diastase of 11M/ fast# u4m4 114011-17.11 a deataa40 of 3640 loose looms 1140 -1e -73M 4 41044 to of 11444 8 Set ass". 113r617r■ • dissects o! 134.0 Molt &boor• 443016-411./ • dlote"e at 83.19 teal# 0e"* 44r14143-6 d144we •a 4331 1046l ••encs 341-10-7ri a 4144~4 of 1/43 10ot1 0e"0 44178-3W • 111646"1 0d 361.48 10sa 44 40 14ea90"tow •fu w p44 Um at eNueaN diatom 34 0.04. 1144.64-10-9 $gees 4494 less 11"9t*4 Nae a disease* df 447441 fees u w fafw"% 406011 "09"fl owe 1141.14011-1 810" Ile 0etto 13" of 1/t* 3"tow i0 • $104Wo It 3117.71 gets s0 - 904 Mt%e 1/4 defeat talo*#$ ta•M4 e"4ams" Slang I" 044%% L304 ad said ssea/*e 34, ft* e#6-31'63.1 0 411u"e ad 1113.71 feat to us Im IA"et dorms 9a46a16. 0614 "I"s tit* Islas 044 1Mf114661 lasses $g 846146611 $*as&" 331 eco"* 01P7r93•• 414" 960 104446 IS" 04 SON 104410 33 • disl.M* of 1116.7% 1046 to 00 Red" 1/4 "dent Udatele 06"o amcgenoa age" u• 0"96 6100 of •at* $"lose 13, too 1104-111-33-11 • `2440844Ga* at 1134.43 foot to am F4ta9tes "tate metals• 0464 .oa"a ale 10101 9t* 644164080 se "" t**# 441 dissected 1141 33. $Alas. 614'73411'0 010" ass f.tu N" Of 04494 d"al" 33 • distance of 3731.44 f"s so Y* "Cis e#4 s.tmal a6of"dl them* c"41"sM •'ls" SAO 1014141 Lose of 0616 6049164 33, ant ■91.1$•IN1 • 11u 1/"e of 944933 Coda to 604 9.144 as a"l"las_ .-% 4411 laa IK1// Iee* 840 011401 Noast►4d 9Set 111911• M/tsl of Is.d. ifs//4/ b a1NNd1 Itt1140 17. 144*4410 71 $am. ""I 11 441- t1{1184 N••{f. 1144140. MIN N/r p1a1N IN 17 06061106• • •• 111{1.11 41.•1•"0 44 diet *1114 aNtaea44 411041 1f MUM ". 44.44* as 106•fo•941E 814" tie Mage is,, Isolate (,16 4106114• 1t 1711.14 1106 N M 144044"1144 *444 Ye Es41ee1! 1144" 11 Vol LIN •f State NN f4. 1/1# %tete** //3.31.110 age" 1114 10 easily Islas of 41/ *964 of /4411 04at ". 111 • 480%0410 at 1111.3) toot# usaget*1e1a9 0614 Easterly stem% of 44Lar *r *61'1/•14.9 • diets"• of 113646 Ideal %stage 92"4.40'1 a' d1816,40 of 133.11 tool 96 441 "Iry of 6909911806 of toe 64fitet4eet 440611406 Palo*% of Ideal 1111440, tst•1640641 s 41444441 at 141.90 Mob Yr1e 419114.0311 a 4/0044te as 131.31 1 e6/1 460041 ■Ir46036-8 a staeea4. 1t 411.11 loot* ge•44o 417.13'3/•8 a•l/ea"o as 313.11 14.11 4444** 1136-34-311-91 41144"1 44 ll/4$ tools tas44* 071•7t18402 • 4/194400 14 I4/.81 I sett Uo46 90341400349 o 411eeN4 of 41.33 11.11 44406• os111341 r■ a 49#641144 01 190.43 1401/ 121asof 913-34-13.4 4 41 floods, 41 11684 1044/ INN/ f3r31'il tr • Allies** as IN.st i11Y1 $ i 14 t014-99,84-9 tsia"o 49 M 11 �HO; 004446 043 91.76.0 4 411144,10 •t 13.11 Stott 131440 se3-111a14■ o diseases 1f #1.#s 10411 too at •11'11'314• • 4111144• It 41.43 costs Isuo• 111.1143110 • 4149406• •f 11.66 1111 latato 1141146-22,41-1011.31411• a 41441441 81 331.41 INt! taoad* Il111113r1 a dlQa do of 131.44 14411 oat x11.03434 a Elitists 04 13343 11111 els"t 814' i'%►6.0 a 41st444/ 44 14611 Sees $alaoa 644'1/43100 a 414.1"1 of 133.31 Staff "data 367434141 a flatfoot of 933./4 La04r slap• /t7•110as-I • 41 444• of 334.13 fools 406444 214'4613444 o distaste 19 16.16 gifts 648441 I44•11'44.1 t 41094"4 1f 13.11 total mesa* 34441.44-1 4 41404"1 81 119.37 lost M 00 ►14x9 of an644sa1. t"4414tof /18.13 Ngo#. "to 4t less. .4L14 A ►a4/*t 4f 1.840 l/tel t4 190146114 ASCII. 244 119■st17 $I $011. i4K{ Is {sal• 9*12349 c44egf rise{44 as&N NN Pafea44la431 NN/aW N /111041 L44144444 N W 0400444 /Nast at NII 3es41N 244 Wade 444 8I4-1141441 alas/ 00 Safe /441946 L144 taaload IN a 41444"e as 4,1141 foal N a" 06/7 N 69410//14 to the ►e**1 04 load boosted&$## 4otttN4/I /40600 011.12444 a Aside"& 04 06.13 54411 106414** 94r14•7300 4 41444444 of 14.11 4.461 ueeda I1t4111401 0 dt4tw4 of 94.44 fast /644441 4-3/4344 A elotd"t of 11.481"%# 160/4. s49114•�111 a 4111."a *6 16.74 /101 16.044 IfrAS4tra f 41440Ne •9 4113 fools safest *11.17.63.6 * d841.a4o of 11.30 Isat eat"• 1144-41043-1 a tips*"0 of 01.13 14460 %Sees* X42-21,13'ss dlees"a " 41.49 $sell alo"* 044-37*Ir11 a 414144414 •9-12.73 9444/ 44ris11619 • dMa"4 46 43.33 1"e N 00.1014% 44 0416446". t"saMiN 4.14 d"14 Net es Ilse. 100 6 gaffes 4f 10040 13"1 84 684"•814 SECTId 00 Id. 2+AS43 fa 06141* SA"a so 9sl10.t443644 1140493:1 1,2491d*1 NW 606* 00111404/13 4004616" do 144s0*f4 cat**esf N the 0tta"os sofa" at NN fonl4a 14 00000 a" 6/1Pls2t-t Mian NO $86% Sena" 644 U411e04 tat . 6104409-0 69 4190.93 SN% 19 "A MINT if EE67HlN so "a Pa4443 •d 1444 64441"41144 44061106/4 dbo"e 144-130334 a 418944wf a8 12.71 foot /4.061 43031413-f a 41096"2 4f $1.01 t00%# $ae"• 41 so 4436006 46464"0 •0t 164 sees E64*ao 61rWir1 a 4144&"* •f 71.33 40406 Watt strI3•/1411 4 diseases 81 311.19 90611 t►t"o 4r14430o11 a 41449"• 4 190.It.foods; sat"e Nr23*irE • 414%44/** at SIMI goes to tat ►ol" at antN2.f. costalalol 4.11 NSeae move 09 Mat. r ' 1 1 • 4.40407 u. 4044 91160/ AOS 1199164190141'r &A" 1'4- &A n Lela l lo.dc t es ted A hr@41 at toad 111&1 la 169fto" to, it. 111. 11. 31. I7 "4 71. 10aflslt II 6411111• •A094 1t WT. settled 9"0%1. /106M•. 44&•9 "a. pegloe l4atl 0etla46ed 11 9•{14044 90.44.49 as the 644Y•oo4 vara•♦ of #aid seen" 13, Meme* too 1104-73'73./ alert No @Stan 40411" tW $"tows a $1aa"4s 9a 4.41 foot to aa• NesT of sstladls/ as 444 vessel 09 14.4 beta6841144 00411111440 4&4me0. 1se91y eggs MY td4%h4 Laos M IM23•lrt 0 /l.ssmae 04 11t.4& feet► Weed lsriMlrt 0 /1004.19 41f 4.741 asset Stood* e]r7T-11.11 • d14e"4e of 14141 $ae% N M 164444041104 91sto us sat 114" at $" .fat$4e4t4M04 1a411" 37 W 171&1 414.17.74.4 • diastases *4 713.16 gets lite too 11ortafftt 409"1 sbeffofl %be"* 4"tlae@ 411.11.111.11 4 119t4ode 0f 39.111 loos@ t%*"@ 11]1.11.06.11 a 410414.4 41f 11.11 lost 444.40 4111.1]•11.11 6 41•{4"41 of 17.01 feeu %*ads, 414-14041.4 a 4941644 Ad 11.30 toed► aag4144 ser16114-0 4 414440" 49 41.31 toot t60*tt gl•16•11t11 a 44444444 of $3.31 foes St.000 4116-3411r11 4 diseases 09 a].411 total tosses 1111•�I'$low a 414t444e of 41.11 140%1 Iodate 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hast "9049 1144.44.14'11 a dless", of as.tt 1444 sb6N@ 176.11.44.11 a 1►a Nate 9t 1.11 14941 agates 414-11019.11 a464S80611 at 41.16 toast 114444 /11•411111•.3 4 44644440 4l 11.11 loot$ %•t"* /87.14,340/1 • 410%4044 os 79.16 f OMI 044"@ $14-4304409 6 $30.0.40 of 41.16 legal N@^44 1114-11014011 a 13011"41 of 111.33 foga# %be"o !14.11.11.11 I4644d441 of 16.48 90*40 %good@ 14rR0111.11 0 d10s6"4 99 16.40 .10"0 0"404141 sors3*7ri 4 1104.149 as 4.43 t%eol' obsess II r$403609 6 ${Ita"s of 7.91 seal sa833.14.44's833.14.44's 0 s loose 0 11.1041041to dltt41 of tMw" "4 99 a 4t4%"441 .t 316.16 fest 950444 4190446/99 6 11411441441 4f 141.14 flat# 111,00410 1144•I11111•4 a dials"@ of 71.43 9@419 46410441 $Ir11011's 41414664141 01 14-47 f00% N 44 14lst1"t1" with w 11411140 1464 ad 81414444191 bedsides 33 ase 17/04 1184-76011.11 6 4461"4a at 744.41 f tet !es% us 114161aaaaa 49,144 Naftali 4&40c41. 41"1&••0 14413 ors • dlego"4 09 94.61 left• uaoma 044-39'111.1 .3104."0 ta 81.66 asset s"a41s 1174y 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17.11 1.441 Oa6144 It 4041 PON• 834-44.19-C 0 /31.11•)1*& a 41.9044. 4f 11.11 INese4 of -41.41 loose tholes lost 42 44 144416..4104 •446 044 144 11 4.4 trial 844.33.34-11 0 t4- •0110,.41{ Carmel 44.00441 • 414{4.44 •f 41.41 foot# 42aleo .$1 10011 4..N• 447.11•Ir0 o 843.91•74.11 4 dt44oade of 971.76 1408441 of 164.31 Ifs{{ 424044 ION 10 60 4244/14411144 0tt0 loo l4. 73 804 411" 141.37•/4.0 s tee 944166444 044a•t 1►Ormal1 1 41914444 at 11.17 4 4 M 14444/ � $list$#�� i 41ai.046 of 411.33 Is08N4 of 13.42 14444 Islas• 1.11 lens 9664.4 111.11'17•• 4 I4r/t•36•w a 41446040 04 141.11 tested$ of 1163• hose 466.44 .31 1444 4041444 N1.33'43•w 4 1 t14•I141l•v a 4140,444 44 14.41 4141444• of 17.01 foes* 144444 4.14 (ease 160440 141.41.14'0 e • 43r1/•lrw a stateMs 411 /00.41 U4uMs at 111.43 1.4-1 42e444 649 $@444 104044 1184.31.331V 4 • 444-64.34-1 0 44416"• ad 131.14 diseases 0f 43.44 4s*s* 46."4 I.3t I..%e ahead* /d7.13•44•w a 433-04.41-V a dtalaMe of 113.44 41614Na 04 $3.73 Holl 4a411as 1.49 batt t&4640 247.16.32.w a 0 134-07.13.11 a 41+004-4 of 31.19 diseases 4f 13.31 14411 lao444 3.37 11(41 10444• 434-71.14-0 0 • ist-wirw a distaM4 of 984.)s 3'11 6 diseases 0( 14.11 foot# wage o of 13.39 foals 0&.44• 134.11,40.11 4 f sashes 11142.41-1 0 44444414 04 11.41 4.11 t 4161.441 tl 14.44 lull used• • of 70.47 toast INN• 143.14.43.11 s 114040 313'31.44'11 a distaads of 611.14 13.1 4 1is44se4 04 31.44 least salad• 19 0 of 33.71 944aheNa NT11043*& 0 1 44-014 N11ts a dltef444 49 36.41 10411 14.044 44 44.11 Cases 10114 04731•tl•w o 1 04 41.91 sees rr 164Ns ed1ol9.37•w a d_�NN4_ef l•31•fl'� 4 diesaMs 0f 1641 t diastase 133.14 t•4 Na 09 10.11 9µ00 44- Got "see* /14•24'63se 0 3 ,•44-11 a PC 11437 Shoals I'1r11 0 at 47.71 t 044-4 1'94•,1 0 at 7644 s0,N44 1.33.4 s at 44.41 1 941.40064.1 1 /1.1•.1• of 390611 tool# 190040 651'1!•1711 s 11014.1• of 111.63 90040 400.1/ 04rit•13,4 4 fslssrf at 16.84 faes$ 4104440 .41.61.1116 a a90ls"o as 901.41 Hold 94.449 ►es•11•f Ma d ala$~ 004 411 foss to " 141,4440es14" 014+ w 41444/411 of s/ 41ft of 49#40« q W 11104 114110-32-14-6. 1141••1• of 141411 1.01 If"" 1414aaeol 41001411 4"1"10 464.41. 4414111904, 641P31.14•41 • dials«• 1f 11.17 tests t""e •11.11.76.1a •1011.4• ed 17.41 1.441 16004* .11.11.31.9 /1140+11 of h.Is Ia1/ 4""9 94193,11.4 0 Wall* of INds toes# 44.41• sor31.13.1 a •{414«• of 3661e I"/# $""a •n•1t•!r1 o aided"* of 111.44 goals I".0 111.63.11/ ., 41463040 of 11.41 pall Ileo tlr63'36•t a al/l•M• 6t 41.33 14110 1114"a all'$&4r41 a tl414asf of Mae lesu 631.41 16r76•4rs a •issaM/r at $&0.40 1404 W"o`pris•3rt a a1414es1 at 4L44 tests memo 48591467s • 4641mant. « 144.11 16611 Uwe 11410-16994's 6 41463110100 at 1113.14 $*oil a"400• 1003,3116#4 4 a&$""• at 14.14 goose s"aoa 11l•11'art e ai4lsfta 44 $&7.13 flaterrs 941H t31•t a dict • 64 1214 las% 461040 all91•31p4.6 41414"0 of 19.11 tolls 1014149 164.11171.6 4 4149«06 of 11.31 14941 Wal'• 1147.64'40-1 4 d1411ft•. a# i4}33 fo tho64r$&•al'6 a alsoaas• at 141.29 tooto 16/906 144901.1 �"a •s 6 floomKo 004 SSI '#4019 e"1.• a ode 8#44.1 a /1414#0 of 147.11 Coot$ Ha"1 /1314•lrt a a, macro 63 a of fLst 19I fro 36113.30-7 a dia14•Io 6d 119.$& 81a" "' 1 1.46•1r■ a diets"a a/ 61.11 dealt we"a 141•►1•190s t 11e•"a at $Idea 81141 9""0 •40.39.11-9 1 flol•ese of MIs teal/ 40 INS -1341t.3 a 46.11«0 of 44.11 1#441 t6 "f /41611'13,00/41611'13,004,00,44 111444« of 711.13 fools H•4do S0,11,2010 a dio14"f 01 ►1.31 pall t►oo#4 111.33.11•11 1 41014066 at Me$ 1401# 111141414110643.4161304 a hots"1 of Mot 9 ofit 144044 sit 4401/•1 a d 490040 of 33.33 poll 11.041 064.6!#40.4 a d9011ases of 41.11 8194'f .4 111•. 1119.1.1#1 a 49,1414414110 1f 1431 94.41 taws 1111.1367116 • 41944040 of 36.40 does 164446 aor43•lrt a 11114"• of d0.44 1401$114044419 4 Ilo14a" o4 41.94 1.9sl "aside 111.11'll•• 1 41144"1 4f 113.40 ClasslaeaN 110» •art a a14os•4u of IILat 1404# 160907 1/ " 3l•t a 41949.94 at 11.11 19441 11•«• /l1.14•N•a • 1n14a0• of 111.11 total 64410,46 seC91•11., d Uod"o es 141.85 tws Hero 24113-16.1 s •14lsess 04 143.23 $sell 66"6 40 9 1.71•a�1 0 11114409 of 110.14 444sr ale"9 1184gfV4.10 • •IIt4440 of ►13.11 Ideal 0040040 874-71.41-8 s d4nwo o4 1631 1491$ 864040 s11.36•aro a deals". 44 10641 t00%# 16400" 902.63•f1.1 4 411144"• at IM10 goals. l6•"a ■40•to•sr1 a l/slseso of 11644 I4N$ s""• 65793'41.11 4 dielwl at 116.14 1"%# 1114441 1111491.9r4 4 diaswo at 13616 FIGS$ 90«40 90696.12.6 4 4941dal• 6f 134.43 toes# 941400 a3r11'1aH a dlstaaf/ as 44142 #0904 944#0 1131•14•14•a a /Iota"/ 414 9611 I"ss H"•a gr14.30-6 a "91100#. 004 34LSS 10460 4490" •ir3403/•6 a 11a1aaa0 6t 133614 84441 94•"4 •3x34#43.6 a dislodges., of $&1.11a 1"41 641.1• 11sr17•ea•s a •1#41460 as 41111 9"11 sboalo 0#6.34.9441 0 41690440 of 11.11 1/943 tN"a ..491'44'6 a dislw• at 3'M40 4"u theft* i� 6f 7171 0999 •Mei 11 131 *11 0 4 63194 44 61.23 • 43Ka"t 4f 13.40 Ns at IL91 tov$# sMN6 W31-34031.08 • II 66144. 11 39 6 0 419. a dl#4a066 61 42.14 Has 4 41614a4a 61 W.16 #64il He"4 Isles MIT /414111 $6/9.. 814.61.04.1 a " it 13100 00$&'1194.00 a 4100634400 as 119410 11'11 a 49084440 49 13LI4 1#411 91490• . 3Mn3AAT '13, 1164/ ISLIX P_ A q_ n Legal seentletles A parol et laded 17149 is OCTMMtn T&Wf-4, et aLL c COttee- ICAa TILACT NAto seaside" to tag plat aegs*t, an reverdil to PIGS toga 6, 1agog 4a 404c7 of the 9ctlac lea4Tas of College' Coeacy, ►ioaida, bol49 once pacticelulr docrlNd as tallows$ • C98844e4 4t tae eat eooctloa of W Mrth Coact beeadaty of said Dovelepsost Treat -A ase w raptly that at way Use of Rate Mad w. 131, Said latd[mocaloo Nip saewn on aNtaaald plat as point remast 1, theses ran esT29'31-W ale" said Ne2tacly leant at Leu a a/atase• as 201.07 foots thence consist* algal sold easterly Silas 09 9401 Lime 119770.21'11 6 dlatanee t1 49.06 tees lie then posse as: eunotete at a cl Cteiac Setae concave to the west ha•tp a tedium of 3147.71 tests %tenet Seethorly sinal said Wesptty ellat at ear use add W ace et 6414 tutee thnalh a ceaccel a4910 of 41.31.13. 64 ace distance At 194.73 tett is the • POtrT Or SCCtMlVg @t tM NtslaatteC described parcel At easier thence lBavlq Bald 0ant*tly 11 ht of Way Lias sal the are at sold Clete we ISM 3.31.0 a 11494496 of 7.30 coact treat. 1131001.31.11 adistance Be 37.41 feats theses 1193.31913.11 a distamse Bt 14.71 90411 chance 1111.23.01.0 6 414tanco at 13.70 feat% 144440 ■11'31'43.0 a distance of 17.44 teats aaaca 061.31134016 a distaace of 16.12 tests these* 012023/54OW a 4919esa* et 11.13 toot► tamoc* 1144.91131016 a distance me 33.44 94011 Samos@ 077031037.0 a disease* at 14.07 toast t%44ce • 1177.46,21.0 Adistant• et 21.22 NM0 Nett iMac* 014'34.13' a distance s9 32.40 tease stance 1143.41.44.0 a distance of 16.44 9.191 thence 11t7'S2•4'0 a 4tasssco at 2.49 teat to tat L449ecly Linn of east Cartels 140 tact Olde, Lee Ceumty tsecgree Cooperative, Ise.; teles of rayl thence Centime 1147.13.40.16 s 412941444 09 22.49 9#999 t4moCS S164S0•97•16 a distance of 13.20 lattt tastes 863.30'SS•0 a 41994sea at 17.17 loge thence 1141.44031.0 dlassece SS 13.10 Least aome4 1141.33'13.0 a dlstaaeo • BI 13.11 94091 theses 1174009414-16 s distance 49 13.11 felt to tog renteely Lisa at the alcresau 116 lest Wide, N• c44nty tleetsle cospesative, see., light et Jay, thence coating• 117494964410 a 4latano* At 1.49 Nett tosses 1179•23•13.w a 411tas4i at 1644111 teats tttaee 1144.31601.0 a dislodge B9 17.31 Cott$ 91102 44 1116411t31•N a /1214494 at 13.74 State thence 930.13'3640 a distaste of 19.47 Nets tosses 1141.37'21-0 s diseases at 24.09 goal$ theses 042.13014.0 • disease$ as 14.79 teat! these• 1113.31617.0 a dlstance e1 14.14 tests &base• 63e•d4'36•N a dlsta4ce of 11.46 teats Chose 113I.34'31'd a 41294664 09 24.91 Neas %%mote 1117-53136.1$ • distance at 21.43 loots themes 1134.47143.0 a distance el• 21.11 fete# themes 1111414.33.19 a 411894494 at 23.44 Nesi epeaae 110077'91.9 a • 41stsace of 21.44 NSC► eBaoae 82.44011.9 a distance of 31.91 Cacti these* 1119.31121.9 a distance of 32.42 least theace 1115.11.21.9 a distance of 35.44 teat! thence 814.21.330! a distance of 9,79 Chet! thence 024'43143.9 a distance Be 14.63 Nott "SmS 4949.23133.4 a diseases of 43.47 coot to a plat at lat*edeCtlee With alorsaall 0*fti tract bowJ4CY at Development TCaee-A, said retail beg" 64 as see @I a eleculat Clew, concave to tea dellaseab &&VLSI a aadlas At 101.46 toot and Neu 002.35134.9 trade Do easier at a@ settle as said sieves acne* westerly 61941 said North tract beladar d the ace ac said felt*curvet theollb a coastal •lo as 11'4118ol6. 40 uC distance if 21.53 toot to a H/as,sald Palms boarlal 111S621'33.0 Item the *#"tee of sag estate at sold curve► theses ioavtn Gold 114t1th teats b oselaty and the are at said tuna, sen 111644141S•M a dtossace at 17.47 teats theses 11339131019) a distance at 31.23 last% &Mads 1140.1@'290 ' a distance 09 31.43 tom%%face 533•33'11S•16• did&&Ba0 BL 14.34 eat% to 4 int of 9stersoctimo with the 849taald wast tract b9undaty et Development 294CS-A and Cho ate at aforesaid Cleve Concave to the Southeast having a cediss •9 106.90 Ntt, said pleat bests 0113011900S•w ties the cantle at the assess Be said eurvot thane* Nttlaly along Said Motto %tact boundary and ase ate at Bald Curve, theewlb A Central ,;17 EXHIBIT 0. a 1 of 1'i1111•Y • 11114"0 of 47.31 coats 0104es Y46•3f•17•t 6 distaste e4 6941 fem CMta* 041.3401rY • 41116"s of 11.14 cwt v w 109696ee11*a 9{a► w cast). Ll" 4t 44oea,eaal9m.4 cttaLa It oat If%" S4r51'S/•t • dlatf.e* of 441.01 toot tea. .� 4M taltaawl secret 1664 14911 9114444. testis%* Sol. 34. 11.1 g dl*tawo of 13L31 feat/ tsetse 1104•11.3r9 • dfgas"• at 111.45 legal %Mose eta9.46-41't • deals"• at 191.01 'toter total• 414S•S-401Pt a 419.4.0" 01 114.16 4,191 1s4agg 111.13083'g s $ distaste of 94.16 least psage ■i4.41'14•V a dissents at 54.S3 leaf$ woost se1.1314rV a 41141464. at 10.77 teal te.ace as 06%141101 s 414%4640 at 11.19 foot/ three@ Uf•33•41•Y a dlutw• *e 144.17 144%1 wawa forwars a deaaaw e1 11.11 lasso t►•aae 141.43'15.2 a &latest* at 313.14 treat "*ago $41.3441-0 1 ditto"a of 14.44 too%) esotsa 044.4'16-V t &Lowe 44 130-14 coast the"e rg63394r11 t disarms at 111.$5 • coats s►*e4• ■16-14.04.1 a tt*s6"• at 141.17 16441 14.444 $11.41441.1 0 diseases 0f 44.69 goat, tMw* 144.34'39.11 4106444* at 146.13 foot) shows se16H'q•11 • ata%ame so 11614 coat stands 1141P11141P114634-11641441441141340 •1044* of 311.11 .as.4t• Ir114r11 a diet."s N 139.44 twat usage tl7•ag•11•t s 41ot44wa *4 113.11 16441 w0014 r7W1.44.11 a duties* at 137.17 toot/ 1464410 47.05'41tY a deals". 411 143.42 toots latest $4.11'41.11 4 diseases of 34.31 tests Mass* 413.31'34.11 a /1ltawo ti 11Aa toot$ 41144414 031*4l4Pll 4 diets"4 at 17.13 lost u " 94u6444a9nd with, w 011 L441 Lisa of 44grsas14 $.sate. • 11 a" liief 46-13.11.9 • 4144%6"a K 3440.31 feat I,10 u• fas1eu40 asiNf I1144"16 Y."*. 400111 CSL"49',191 4 dllereag 44 91.30 $Hat 444"4 371'37.3x7 •7 169064, of 11.41 941%1 04040 341.31'44.9 & disease, at 51.13 fatal W"% SS4611.46V a law"* 09 74.7s $Hal Q6"0 341656-37.9 4 494%4"• at 56.11 Leal 9844410 41.44'31'f s dotal"1 09 $4.44 goals aer.44 93S*330t6*11 4 diatomite of 31.44 geau 984"a c91•31.11•+ 4 diseases at 117.4 go441 us"s 3orsvielt s deals", at 114.53 twos$ aro"41 ■er4.3L•9•8 dial was ad 14.19 teat, w•"a •33.51,46-9 a dist."e 411 411.49 Carlo those* 373.54.1319 4 4{Hsaso of $3.37 toot$ Noses 912-46-34.3 • 411114"1 4t 13.91 clots %beef• 14$•3S•05•9 a •lata"a of 11.19 leets aeraal • UM44r{ a 4/044"0 9f $6.4 goes M be 44uasaea3a0 site one •641 L{sa 94 •4419,1414 1144S944.14 and 171a11 044.31'14.9 6 dLaasee 01 3531J3 test Igoe the t"uesw estate a►Hwtt th4se6, 40491set 031*36•4109 4 dimwa of 13,33 90*41 aerate ' 1116-14*14.9 3 1114"4 9f 09.14 Cwt S118466 /34-5/'13.9 4ltuaae 0t $1.4 tests u4se, $30-4.16.2 4 does&", 0t g*.19 • f1011 41011410 t4r45v4'9 4 41/8140410 0f 111.44 legal %boast 34.13•$4.9 0 11446wa at 44.69 geese t►rsea 141.31'16-9 dialwsr ad 111.93 14444 4440014 1140.13.31.11 • dotaawe at 343.41 . sae%/ 444,14 994`911•it•11 *floss"* 01 44.93 cargo %Agstr 43.34.4.11 a diseases at 4A4 fort "rile 43.41'11.9 4 4198411410 at 51.49 fist tb4tdS N4Y998 '91•t 4 416Ma 91 114.41 • testi states- 994N1.1rt a 161998.414 0f •331.36 Casa u•0t• 1R1 3149.7 4 t44as"e 4c 11.69 goats %%@"a fools •44-V a • • • 41141044 of 346.9$ 14411 taeaae 316-41••1.11 a &estate* of 11.47 1 ass Panda 944.14.37.11 a d1444Na a9 176.17 fso , %&ug• Nr13,63•9 a disuses of 44$4 Coosa 11,004, 30t•13.44•4 6 4 1114441 of 39.34 dealt shallow /12-11'11.6 • 14ssoea of 1.33 t,1$ 98 W lsely 44 3gWiq. ' Cws*tala4 143.4 "9•a, "u of sur• n 3 r n • aegis of 344334454 an ams distance at 17.73 tote to tM point *I %snrtncyTl thene4 tentlaoing 41041 said north tract Mvndaer 10103301149 a dlataseo 0t 173.73 feet t0 the polae s4 eaeeaart 49 a eltcslac elcv* concave to u* Macutost hiatal a civics of 40.19 (mail truce Sovuatiy 41061 said veru tract beend&ry and int ate at said Carve %agealh a central •■110 at 111.31'34• an ace distance *I 117.39 teat ta U4 P*lst of tanl40C7r thence teatlsa* along geld Nettle tract boundary I141-31.53.11 a 41aLaace 4t 1.33 9649 to sae 94114[ 41 C4rva 90x4 os a Clt Co16c Cocom. Co ova es tat nosu44st halal a raAlve of 1319.01 elder utaee 80etht08949ly 419" said /ort► %tact beoselary tad tat ace at Carvel, tacough • euteai sail• of 03.11407- an arc 41294aee of 11$.16160[ to a point, 8414 pots% buts 81$-19'11-11 Iron the camett of the elect* al sold clever uomce, leaving said porta tract "as sad sad ata 09 said cmrvo, ca 919431137.9 distance at 31.49 96491 thonCd 3134103ry a Alataaee of 12.44 tots u*nce S6303891S-M a distaste 0t 3213 dealt thence 149*34'049M a distance 69 11.11 Cast$ these* 931-17043-v a diseases of 11.37 teals voce $44417039.9 a distance as 17.43 toll [hent• $13'14134-t A assesses at 12.31 steel thaack '403.01133'[ a Assesses of 11.19 goat$ thaaee 931.13431-t a distance of 10.44 Intl puce 93403101442 a dieaftee 0I 39.30 goal$ thence $71041'1709 4 distaste 4t 13.03. teats thence 114101f43390 a distaste at 14.10 1*441 treats $41.44013.2 a distance 0t 1604 facet taste 344031840.5 a distaste 0d 34.33 tots %aced 347434431'2 a distaste *1 23.94 toll thence 323.01'10'1 a distances 41 44.11 toe, %&ages 9114440.9 a 4istadce 33.71 tom to sees 994.0!'30••2 a distance at 37.11 cast$ shone@ 304.49'30-t 4 distance ale 19.03 94411 those* 4 04-114 3 1.4 a 41416494 of 39.33 Neec thosse 501.410174t a distance of 33.92 Ideas theme* 334.43.2309 diseases of 14.10 Loa thence 441'27.3$09 4 distaste of 32.31 toe 4*444e 371441407te d diseases *t 31.61 tests extent 973.94413•$ • distaste as 37.13 facts 904090 93041443303 a distance 41-9 41.41 facts thenct 324.134114 a dtauaee CC 33.47 cost ablate 3or114L19w a diseases 04 2►.70 Loa 90dece 93163043669 a diseases of 31.43 11491 eba4cl 363003'37-d a 41416a*e *9 43.04 tact# thence 834-44'04-9.4 distaste of 21.31 Lasts lMses s fr4leiry a disease* as 30.34 tact, to oge 334.24411-M a distance at 34.39 lacer 90ene4 993.14-14.9 a distaste a9 30.77 facts thence ■84.0782S -M a distance 49 $$.11 tot# thence ■7$43'34-M ■ distance at 43.11 tot, taveto x49433'31 -M 4 distance •I 24.47 fats to the N*ttaedy 111ht 0t Mar Liao of State Road 90. 9S1 -a, said plat hotel 44 flee ate 4t a circular Cure concave to soc9haut having a radius 419 1941.01 fou ass Mets 910.001106w tees the cost4c at GAO giggle 09 east curvet %sone* South ateticly 4101 said Ilorueelr gtlat 4f Ms Lip end us ate at old Cocoa t►twla a 44nefsl &Alto of 4504 413. 44 are 41OL4496 09 141.77 oto% to the pulse as tealoneyf those* 0794424309 along, said horuoil N/1s9 a9 Mar'Llna a distends at 111.71 tact to the 49e94es14 veoerty Liao of u41 Lee Cr:*c electric Gepecative, Inc., tight of Mays 91141444 6satires, 873941'43.9 along Sale Mactnerly tight of Way else ee state 4444 Re. oil-$, a distance of 103.11 goat t0 sae 416C411494 casted Liao of the 4 C40nty elCooperative,etl4 Cooperative, lee., ll1st e8 4Mays thong* Cantinwe $71-49'4309 &t and east Nettlerly glint 4t May Lina at State Road ■e. 931-4 a diseases *f 13$.13 dose to the 416944411 doterlr aaty$t •f ear Llac •t stat* Mad go. 951 and the sec 4t said Ca the eoeavo 041 u* Nue havtal a radianof 3117.73 loot, said polar hoses ala -194414$ tree toe addtte at the elect* at said curve$ mance Northerly ale" said westerly 241st alMal Lina and arc of said evert, through a csntcal angio of 09.38'370 ger an ate distaste *9 134.17 940% 99 Us P41at 4( 141Ln41al. L9J3 Aso t3Ct97 Icon tat &hood 4osc9lbed parcel of lend lying in &tare eald DSVOIOPaeme leaet-A, that Psttlan beans onto P&cticularly deatrissd as toilsome Caasoned At the 1et4ese4tloa Of the Worth tract Mondacy at said develope401t Stage -A add she Mostarly Mitt •9 May Liao at State Mead No. 9310 said 1nttleacslea Mlat toots an a9scoaald Piet as Point 4100144c 3, enface rum $02433039 w a16al *sit Msacaclr otant of Line a distance of 349.11 goats thence continue alone said .tot[691y silos of way Liao w$7.34'31 -w a distance er .410.06 test tooth: point at curvature at A circular curve concave to the we *L having a radius at 3117.71 tat tl thence $w Imcity &1061 read .sotrely 21161 ft May Line and the ace of saa4 eucve through a 0 Contra, aB�ls at 01'11'13' an est dirtagen at 104.32 146%1 theae6 Contra, a 1 Y14Ntly t►gbt a( 11Ay Lina 4n4 Lae ate at said evrrr ten 0S7013131'v a 4t14enet at 4.30 Coati thanes MS 1.02'3 l'a a dlotenca of 11.19 Roti Lkenea $43.33.11'11 a 419taeae of 14.79 total %haste591.33613'w a dNstaea e9 11.70 treat %noses $41'31143•$ a dlatanca of 17.44 Coati thence $42139154.11 a d144Ane4 at 16.13 coati thence$02:23134•$ a d1stanee at 19.15 legal %Bane• 111444050-W a distsoco at 33.44 tact, %Bance 1171.39437.9 a disease* of 16.07 tutf %%once 077.46'210+ a dlotamto at 30.33 Coati thence 094'34112'M a dirtiest 111 33.10 flood tesnga 013.41.44'11. a 413%84ea at 16.64 coati thence 011.12'40•9 a 418%abee Of 2.44 tat t0 the.ta14arll Lana at that cotta&■ 100 gets vide Lea Cavity tloc%gtc Coopocstine, Inc.. Rtlk% of May Bad the POt$T of 89GI0wI9G at tax,areal at load bentedttot 44299V11441 thence emotions 087'12'40.11 a diaunce of 31.14 teats gaage Sla•30'o7•w a dl4teact of 13.30 total cannot 013.301311$ a dissents at 11.97 Na%1 thence s11,4443pNe a distance at 33.16 Coati thence a61tl38o3'M a distance at 15.91 1;10%1 %hones 974009444.9 a distance at 13.10 tea% to the M -u % Lina 09 atoCaald Lae Calmly tlaetglc Cospestirg, Inc., Uilt% at ways %hgwo 112.79.3100 &logo said west light at way Linea disune* at 644.01 toot to the Settatell sigh% dC Vey Line st (uta Mad 311. 931 -Sy thence along 2414 Saeuocil Might at way Lin; 11AIs13•41'43't a 412%4a4s of 103.12 teat to tis Aforesaid last Line 49 the Lod Cevnt}r 9114%914 Ceap4ratloo, SAC., light of way$ tri ac* 223.19'39.3 a 41stages *1 661.33 fns to the targe of Containing 7.03 14tesr made so less. r ALSO A /arceL at 1604 lylag !s atoeosald DCYCLO►nM TRACT -A, es 4Aa COLLM,&CAO TRACT BAP. according to the Plat thereof, As csear444-ln Plat Beet e, Polar 44 604 47 at the MOliC Raced. at Calling Calmly, Florida, botag oar* Pacticelagly described as tollevos Comments at tar laters4etldm of the pact& tiger bavndaty of said OcrelsPcen% TCACr-A aa, Cid 116194917 aid%% at 11al Line 09 Stitt R4N 9d. 931.. 414 Latetooeefen hot" guava M aforesaid plat es ?list 0lavor 3, thongs glia S01.71'33•11 along sold veso4117 Right at L"Re a distaaee at 361.63 Nets thence Coastal* aloaq geld Watetl7 241be at goy L1Ra 1187.30131.9 a distinct of 40.60 tees to the galat of anteaters Be & circular eatva clacave to the Wet b4vlav a active at 3617.73 Seats easel Sestatrty along said wotaly sight of war Use aa, the its at a414 erre this"% a eaatral &"Is 119.13.350070 am act distance at 839.49 cat to us sastastI `ltat at way UAS at lute RaN we. 531-6,1AU NtAL ea bm 2 4.31 14-s tram 'tie factor of %no Circle at said serves locate &1 5414 sovthoaly lig%t at Msy Una at Stage AM W. 931-I0 Iva 073.48.43'9 4 distance at 326.37 Na to w POINT or SfcionsoG at W 041411461tea 444691194 p9901 Of lo04 aid Nla% all* being the wrstocl7 Lias 9t 4feto6sld Lot Corner tivc%CLC Cospetative, toe. &flat at wall %image seatimat alsosots Seautcly Suite of may Llan at State peal 9e. ISIS K73.46 43-11 a distance at 363.49 Lost to a plat et tfcvdtesto at a dresiar sett• cascara tie wecthout barlag a g dive at 1594.22 Noe Lessee Luetsysautll aloof held Sosthse tot ago of said dwrve ueo"% a $*&teat dlst&coe at 31395 last to a plat bore center at the giggle sit said Copal tbes milks at way &&ao Snot the age of sold dlrtaaee at 48.33 gooey •theses 673.13•, Coati thanes 274.1314909 d 4Lstanee 573.33,10M s. distance of 131.98 tee distance of 73.93 lott1 thence 263.17' teat so toe 499944414 048%fly Lino CwpgSALssr 1K., 01111t of Mals u4eeo $7.12 teat oa the tern at 2e11snl". Contesting 0.41 acre•, Race 4 lost. 1.14 a Bad M etc Be ger abet at 137.01 coati thence $97,19.17.9 a tame; of 30.34 ent7 tieetctc t e distance at 1 4+88#43. it, Un all .88.11 OYtT it 94eala►a01r7 AREA 1.^,. sumptlo11 e '%'% •oculi Ja#ool at 14440 17181 Is W 64111 fail s9 .ASCO a44C8 d4T T119rTT•0`04110 "4tgd/9,1 t• tae J11t $assets, to •' I9teN" so plat a"% lot rages 3 thle"a 77. tstt alte of U• Fs•1N b00dee of N11oor Covell, FI oo{•J deta /aatel rely 449411644 w Cassava cos"44e at 964 logu"or those1 *8.4441144 11 Taouttt 71 14401%. a"# 14 9449, collier C•88a7. 1164td9. said weaot asst Nd" w aa• 049ue/1T Fitt OwM•qq 49 6944416614 "fee 14ss! Olt Tr64t7• feel, 40 Wow 9431 Olths thew• Ha 9t1•ti•tre •t*" a. "010 3340. of 444 Altar 71 "d 0414 "Costly 1141 9o*Wsy a 41424"0 at 1114.11 toot to w Posts 9f auladtso at the "101♦aftac 414"43644 social of 34.4 t►ast4 haft" gold line 4To 441.31'38•d a dtata"a of 71.37 total 1.114644 173.34.37.10 4 414$4040 of 41.14 $foal tha"* Itrl$'34•Y • 414ta44e 41 1441 1/ 31.14`1 f dlotawa if a31.70ulasts ON "ease olri3•H•444 • /1414••4 *4 11.14 14091 "fad 144039.0.9 a dtote"4 at 33.11 later 964440 01413.43'1 s Ioot•orf o1 11.34 la•%$ taut• 41$.1441.9 a d164a"* 9s 41.44 furI u•N• tp•03.89.9 a e d1444"f Of 44.19 84411 U464. 41111.11394 a diseased of 41.44 goal# 41403303r9 a 4141tallo *l 73.04 toss# oe409 47o•fTlrld e dlaw• 01 4Ld1 fuer takases 44r14.31•9 ♦ dl644we of $4.01 ii034f1 i4 4 4 0 111%4 t•1:t1lilit i:ii %%@"a iarivisova: 4144s"s of 14.44 teats 1404414 af•144rY a 41444"0 •t 41.14 gosal take"* ■03't6•oo•11 • REAS"$ •9 31 Lal Hsst 1oo4t• 6 u•41•Ir11 a 1101464* of 13.49 teal le•"• 83,3741'3. !:%I Of 14.fi Casal the "4 83713037.11 a distaste 41 61.59 goetl le9Nt ■4141,33.11 81latew• 49 49.1E Lasa/ uomse OI 8.10037.4 4 4leustt *4 149.51 test# Yew• 851'p 034•■ a 41414"0 of 144.44 tests 2111414084 907'414" 4 4169."e at 71.74 ' Ia•%I tooass 974.31.43.11 • 41614494 •9 4491 Hsi# tae"• '.. 403.03.33111 a 194u"4 09 137.34 Hest Yews 074.33.34.11 a d lots"o 041 7401 9"9, %ho.ta Orsa•s4.11 a 4latawt •1 1*Los stets i9,•"• 9171441.11 • 111946414 of 19.73 legal %test• air»•19.10 a diaa40st *t 01.09 caval 96.64* 031.94.83.10 4 '... d law* •I mu ratio tafaso 811.43'11.11 • 418to64e of 71.76 Nall 1111.4441 fittl9973'Y 4 Ufa"• 4f 4L1f lasts tht•to 81301103399 t distaste 09 03.41 toots asses 81311441.11 4 411ts"o at 41.76 tea/ ta•"t 9!7.369#1.11 a distaste at 41.44 toM $soN• 431.71•/1•( 0 414944414 •f 41641 Hats Silage'.... slrll•34.9 4 41498"9 S9 91.30 9••11r shows 041.11.39•9 o footsore of ILI$ Hots 9600" 887.33')4.9 • distance •1 11.14 Ias91 94fNe 04r7146•9 ♦ dtau4*o 08 $4.17 tests %state H 117•.1.1 • glass"* of 31,94 lost, %added 911.34.34.9 a Yaws a1 44 '.. l•.77 staff 14404. 413-41-03.9 9 diastase et 11.00 Hdo 1 %"444 031.10.43.9 • d14st64o of 74.11 1asN 1119449 1o1•t4.3f•■ 4 a/4tdN4 09 31.1# Salt least• a794•3/•Y 416t4No Of 31.21 Atari u•N0 11.4341'11.9 a dlttute at 64.14 Hafrr 18.444 HI.71.31.4 • 41488"4 •f 13-2010091LA•64a 0a•ir31•1 a dlat•"* •t 13•.14. a"6 9+4%04 x77.81.40.9 �ooust•_0t_IL11_ (•.y__aslosto_r4Md'Ja•8 4. 41114044 49 1731f '... M_84-84-. a •tau44a 49 439.14 ws# 40e.Na eu•11•17•r o also* or 84.46 toast 144840 63r81,3i'11 a 46416"" of 91.13 t f00% foods• 03611.40.3. ♦ IoobaN• 44 440.51 lots %home. M4•i142•Y % 41096010•9 140.61 ##*so %base, 119411•11.3. • % Ita tasea of 13.31 total %oases 4a•s1.91.10 a 414"0.. •1 49.16 • 1 103413t17•r 610Gt 6414 119114111 Rita at toy lobe of 1:3: 24: 111 44 • d1►14. of 36 3.37 Soft) &%Ott. footfall 0414 11116% at tot Lima 144 034-11t96•r t 411814Nd 4t 131.03 141% 96 W to►tou► Liao of %N 412999816 4-0 hNtr 9ltettle fNr4ntlto 343% of ray 98 sesame N 99)1 visa/ HeNa Nr37•3ra 424st $414 944%u3 tips of to Liat a diseases at 1/1347 ton a Ut Isjat el ogtNTq. 1 {4141.101 ALIS Neely "so 04 Leo !late !saga retest of 1aae. lrlq M 499 Jet" rete at a9ero.896 "wo IV" MR TrN21.900. bft 9 Noo ratlleatetlr doase Nod 44 sell..$ GaetNo at the •1109thtost Nraer of ater Bald Beetles ilr Tevne air 99 9ftsh. ""a id War Gillet fNlrq• flr W. use 441249 gift Meq ea W r.eaeel} ►14% tad4rT of %.tea s•a9b 'hoerr.rp"t, a 44499 N 0464 r1.a 41 taa0 03. Ito B11'%rt Heat U. doth 1140 at 9964 settles U aM 0414 9ar444rr1 plat haudto7 a ttGtafte 64 1111A1 least "moves 196a1q Gold IIN g0a f IHi1V{h • d12seNe .f 3141 tevts the"o 1424-1441.1 a 4[4%4995 at 11.11 Ial► U4N. /14'73431•% a 4/•ta414 4t 4442 1ev11 %lets Sol -34#31-11 a atossate of 14 feet! U.N. dlnw. of 11 f alt theaft 041-31431•d t dtet404a .f 11 fab ttees$ tol•81433•11 • dllta a a4 34 11.4.4 dll•iH11a a •lost..• am 1 Iaet Shama*I o,.4 t4-%1 that 09 31.71 losses t1 a 4 4101 of ILq Ib.N. t1 990 of 13 4944• so I-111 a ds o1 11{41 tpNa 94 1 a 4154 of 13.41 tbwe 41 as e 494 of 99141 13.041 1 IN a 410 at 131.3'. •rWstd;3 at 61.14 111"6 1 all a 41• lade of 19.44 t.sae at 21a1a4 034-11.21 •)3.33-1 a dl Grace 4&496 e1 11.31 tale a Glass 33.14 i 1's a a44tsge6 of 34.11 1 .9 41.14 falls Its ueae 911•13•31•r 4 Tod a dle144a of $9.74 d 141.11 title 98.•4. %Noss 614•134f1•r a IA a d4494440 It 11.33 at 11.13 feats %bead. 1 %%Otto 11SPI)•34'1 a 4-r 4 dL9604e ad 70.14 4f 44.13 1.414 Anda 1 Unica 414-03411•. 4 110 a dua4ca of 111.41 at 70.73 level %%nt4 9114244 II7•91441110 4 174r a dleta244 at 71.14 .f 13.14 1fele theme• 1 tont• St1•I1401•r .401 I 411$9g24e at IIAI n 13.49 int/ %Name �ahaNs /51•31411-9 • 4.9 4 dista"a .9 13.14 41 4611 I4a47 446449 1%brae 971.11411'9 3.9 a disclose 04 13.46 of 19.13 toots %eaoe 1 9114441 47)•11.31•11 lo•t • 4/I944to 49 4614 t a 41896046 04 137.31 114.14 fate thence Shad 9N•41•14•t o a diaNNc of 141.11 168.16- Itett than choose SIS433414•r . 't o dtst 44o of 13.46 399.31 Arts tbeme %baba 03[441431.10 a 'Y t 4Na sgo 119 17.37 108.34 48.41 theate shame nr/t4nw . -1 • diseases at 41.11 86440 SNOOPS SomI'3l't 0 41046140 of 73.31 coati ablate su•71'11110 ■ dl44esae •1 144.64 Casst thew* /ti•44•11•w a 41446". of 11.21 Ionil t"Age 114•41•4ps a 41nwe of 114.71 it, abs "o 813'31'41.8 s disease@ as 11,11 Celt# /a..40 s14•1S•43'v a disuse. Pt 314.64 Coast tea"o S11•it'3s-d a 418ta"e of 141.11 tots# W", 00.11.6/•g a osasamee as 331.0 1"11 thing. 944-10.16-9 • 41414aef et 114.16 toots 644", 111-14.11.4 a 46441.49 of 141.34 8,410 IN* "0 461-31'36'9 a • disease. •1 111.31 feet# %meNa s42.41.16 -s s diatela• as 1300• 9.941 %Nome• 810'31.34'9 f tett4aoe $I 117.31 84.94 son"e $31'11'14.9 6 diseases of 11.11 toot, t►as44 101.71.11.9 a 444444to a8 119.63 19411 tae"0 494'37'31'40 a distande *4 111.16• toes# the Ne 111.13'46'9 a dl/tasea of 41.65 8.40 ablate 146.17.31'9 a distend. ns 149.61 least {ae"• 441.11131• a diet'", at 731.16 coats W"s 997-31.46.9 • slot.", 41 113.42 Cecil t4+4640 014011'3109 a d/sues$ at 14931 loose leaned mp,sf•41•s a dlaundc 04 1i1.i3 coati ut"o ■it•il•li•t e ddo14"o of 111.11 Coati 140444 8136-6/'11'6 a Oast", Of att.As 904%1 tau4, 011-61'31.9 a 99.4,-t9 At 134.71. 94991 go--$, a1691'31•9 o 41846"e 04 44.01 feet, taus. 913•I9•31•11 a • 41440"9 0C 111,41 Cecil tea"• 911.11.31•• a 41st'"4 at 1IL47 444%, 44.009 ■11-19.11'■ s 414%4446 01 $3.11 1,490 to. "I 043.11.14•10 L digital• of 16,1• toots 444"$ •0'41.31.0 a d\ola64, at SL30 toot$ Mises 0SS•41.11'9 • 42140"o 9f 41.47 Coati alone@ ■10.614f11t 4 46sias4o 04 $1.67 casts taunt 1194.67'77.9 a disease* 09 11.14 genal Change 461.314s1•s 41st a tt We flail iso"* 013.41.34.3 a lists"s at 317.7t lofts INN• 4111.71'37.1 a daasaa** of 114.37 lust these* 017.44436.9 s diseases at 11.16 toot/1 tae"* 87063.33.8 a 410%441418 of 1941 local abases R31'9S•>11•9 a 41014249 41 11.44 Cecilthose• 113L.2411306 4 dl**4a44 of 136.13 (fair .►goes 101.11411-6 a 49840404 *d 13.91 taste tam"* polls I'44.9 a distas96 of $1.81 cute "Pont somdow9 f data"a ad 1711.71 done to " laaod**tslw wits 124 waasor3r 11M *9 W doe Conllf 11**erlt 94*09e4e61* 349.9 9toot *4 ver 46 $Saes w 690146414 flat of Reese catch mels lwuar-f"p tag", cars 0-9 atsy sold v10asel7 9ilae at 40,7 /649 a disease* of 3111,98 ass u M Islaftestl,a with the sewtaatir flat •t al"uald Loo Coessf stdso 414401446 $ t1,o t., Atlas tt War 6. 060.0 66 4101.4814 111:41:4 4 814#46 14441, skis lwao%N"#$ taegto 96YIl'36•v alaq 4634 Aesth4rl7 Setts 09 WSJ lies s 418ta"m of 14919 toot$ 104040 Assets 9414 se{►*tlr 41• at at War Lae 114.41.36.11 6 decimal* 09 41.41 batt NsNs 076-08.3M40 • disclose ne 71.36 t*a t3 %N•"o \6M11•s1040 a dletengd 19 91.10 Coote tae"* a 46.78'10.40 • 419494• 09 71'as Nass shema@ 0al•36-13.0 6 414laodo at $1.01 toots abuse 041'14.10'40 • 49614 to at 1911 tests INN0 s11013•37•11 d tastNo of 143.31 goose thong* 411T71•41'40 • daasNO •d 19.66 tool# pees• 941-34.33.0 e disclose 09 22.16 coots late*@ $I6 -3Y14 -v s dt991440 6f 13.) lull abase'048•31-17'R • dugong• at 141.19 1.040 sae"s *'1013.22.40 a tlaae•d* of 311.17 tests abesas 041-16-11.9 a 41094440 of 13913 Coots 11141044 40997t's6•v a 431144d, 49 36.11 loot to alot@as14 144 t1 Liao at $499196 33 ase le4411,441 ales 00444491 of •art* 80446 9atl Tw96tr-Nate 8414 plat 6*4t' *11•I5••3'0 a d10aaMe of 1114.31 904% side Ys "$ta40at M/Ma of sold 444a1N 331 I2,4nd, 911043•f7•v alaq sold LIM a 411940.. at 144975 au to 144 N41N 1/4 sof"# a s1$**sofd settles 111 1111444 /ff•1S'13.11 $1•aq the Delta use of said l"et*e 31 804 martially flat 0"44447 49 sacto, sus► fell Twenty -r"6- a dla46e90 at 613.91 8464 N tea 101.4 09 ItFI•slq. Csetea•t" 110.35 Plants, •nn* w load ALSO T1s% **slat• press at lend. 13901y a ass N1M does poet a4 aeold SC RAO ICAC41 MIT T11t0Tc-f0fto 1:181 ane% prtltdafir doessimed as assava$ N••e"• ne pa wdfah?ase deemed at 1499166 13, 10"411► Sl 7"64. 14M* s0 Seat • Collins CONSIST. faeces. sone "nog atom 64161 to sass9lnsd 10640,817 Pass ItaNng7 09 sesta M9% Veit TeulT-f"g, Cheng@ ase 4617/•10-41 410" 9614 1104 • 4UV t of 173.31 t*** to Lao rom Of aca46a10f. at tea Ntolmeau 4ou1t►od Fatal ac awdl Chow. Coatings 301.5101109 a dais", at 13$.0$ tool to Its aabrm9d1196 V191 the Westerly 3010% *1 LIAO *I nate NN es. ITS 44 aasal 0. 8014 Feats 449414 194 f (loll &base• 111•14•I2•0 4 dlftref at 61.41 fool, 944404 111.19411.11 a d4414adt 4f 66.19 lo,{1 164449 sof"W11.11 a 41114400 6f 49.4b 944660 11191'11'10 a 61ossact of 49.47 }Na 449406 t14.14•µ•11 a dift4044 @f 41.111 t04044 LN'96•19•9 o 61114444 61 11.19 coast %teats 044-13.11411 a 4atowa •1 1t.11 I, go fatter 814,46.11410 a 49614044 41.41.31 1#620 449.4• 647,41413.11 4 66620040 0f 19.11 C# to tat044 821.31.11•.a . 41#44044 of TOM lnlf theme@ 314.40.82.0 4 da{0044 •f 40.31 left$ •164040 111,14.14011 t 419410664 d 194.11 less! 96440. 411.41.46.10 a tsgo@049 of 11.14 Ism taued 114 M.11.11 4 •1014044 or 14.44 gnat %dote 1#3.11.44-0 a d1oa404• of 11.81 tool$ 4.0044 14t•71VN11 a aimta046 49 9.40 fat@ " o"a 333.31.36-11 a distaste 41 14.93 01491 tensa 844-34.16.0 a 6112044e at 49.94 toss to a Foist of laitts44t1#m •its 964 41#161494 11staNf3T µ4%s.09•1167 1140 09 Stats Wt 110. 93. mold 6614% •f 144afa40tlae "I M of tet s1 {3.e •gess// e{1#t1#4 Carlo etr4ee so HM Y/W0a{ 904140 • 14!{40 1#9 7113.16 gtte 440 hearSN @04tallT µ3q6.34-+1 • diseases, 6 st 140 2 8.9% time fa4 cunt •g 1#N gre3. 1#L up em" &beets 11nu0aar3T. •1144 tea art 46 gold tato. lite"% a comical 0"8e of 3Y11•030 so 016 41stall44 ad 117.76 144% N she /oat 4f 1#llmm/N. Coal also 31.16 Otsego tats 44 lent 11!'t3•j�:yoi iii t.�.i3 �l Ili�ii •15515 11111011: 44545 iiiii•iliut: .144.44• •t 41.15 foatl th••eo fH•l3'4f•i • 6141444• sf ,41.11 tett t%ueo 7iNoot4a a d44tesef••t 19.31 1•a/ 4t1144• i 1.1 i'17•r • .Ira.•.• •f 314.54 ps44t ths6@s 6 so Reac: dcot.4e9 of 31.93 color these* S44•44•1•Y • d{44oa44 •d 31.34 later {%goes pl•31•41•r 4 4144444• of 39.83 Cott, l%••4a 411.44'31•, • dteta4e• of $4.1 foal/ 46@.40 321.11"64•Y tl•tanto at 41.34 legal these• L23•1t•N•r 4 •tetaoae •1 11.41. 94441 %beat• t739S•.U•Y o 41114446 at 41.74 flail thence 811.46.76•, • d44taa4• as 71.46 tests t►eoa• 133•73'44•v a 41414444 of 98.63 cot N t%0 POINT if lt9imlvc of too"coal u. ltd• \•f•1.41Nf desef{Nar Shasta L4P3O•it•r 4 41614440 •f 11.46 toot$ theme 111021.16w a 4111.444 of 73.11 f4•to {►anes t1Yll•11•r a dG6@ tao of 1.34 Gott 16@444 979.48.41.0 4 dlsu•40 •t 61.11 Goo$ 41161144 613.36.34.9 a •bloats 09 36.09 least t6@40s 271.14443•■ d 4444,440 •t 19.33 Gstl that• $31446.27.0 a dt61•t46 of 7637 foot,1 4►a•e4 951442'31.11 4 diessaeo •9 61.93 444tr th4040 641.31111-g a 41444444 of 18.31 fest 2114"s 677.12.44.9 a 41.444*$ of 67.71 Guo th40te $43, 1.3144 41. 4444 of 64 912 4144 62414.34,44.9.1.24.4. •f 11.41 felr 414044. 41 471•ii. 4-2 0 6@4162.444 of 41.11 1••09 "4014141171.81'71.9 4 41.44444 dt mo) Cots 1114044 151•37a77•L d 4109a4.0 of 71.16 Got 411421414 111.11432.9 a 4b 46@• of 11.81 9444$ 264446 ■36.41. m 0 d10ta6@f •f mis 010�r thu6@ 9i3•26•37•L • 41416400 •f 71.63 Co•tl Naas• 41112'13.9 4 distaste of 17.51 seats thugs R3.13'81•r dittan40 09 $1.71 toast 4%444. 1.wWo: • d1a4a•et at 41.41 foal 6@ Ys plat of 14/1MM• G4p441M 7.27 •4pdt w• •f sell. 3a4oa11T 13, toll iow Simms Cun SMIGIaLXT Aa" ^ LIGL Sq Cal/Tics tit% te(t"m Pact•& at ISN, 171.9 1• tad tote/ soft of 4agCo a Coca P111T 1CY911fR11. ceased&" to the Plot Pttwc. 44 (allege/ 1m %ata"% 6. ►qos M them"% 17f. t tle.l.a of one Ivtttc 1446(/• •1 G31lea •dos Co*sq. rl"14" telml -490 P -191991-t&7 d44ssPN as l& ceaaests as the c►st*#11ma l51teotttlaa .1 Portilad Gat *Ad 6 tale aged P*-" ifat164st41 •n •Now ea to* pat 09 a K►LhT Of aaa19 9pt# limit rt TTtta, aecor4lal to the flat "Ift•l. as 1.4148464 to flat 994111 g. ►e9• 41 04 its 1ahLlt Alleges of Coltfo, Shouts, disclose Yew, nn st1NL•9/14 &N" chid gooN,{Ino ac 1%516 MN dw 11 • distaste es 111.11 gifts the"* 134-54'44'4 4 111%8". of 19141 144% to pe 0119tae847 Slld% 09 Way Ll" of 4#1/ glassdisease N "a 4114104 ft. 3YHoa&o% fo411N •911/IVtaN 3171.!•lhetf(uue* I" 1411 %t111agf1 •1184 tat 1(4 of $694 once* 011901► a '*stmt . • •qMh of 14613'71• N an dta44"g at 31L43 1"I u us ►O74T or 1$41n'N a/ Ya Soni"1111 4m"rlat4 pages& at $cads theme•. Seem,011 IIt13•■ ie 4144441419 *9 54.16 904091 1161314 #4 soot# Lind lShuss ■44.41.14 So• 4tltuol of 43.41 total the"* 134.40.11•& • distaste •t 17.71 teats sl*N* 914•S4.11.4 s sl•%stCa at 41.11 toots 91,6409 dlst11teo dlstaN* of 44.44 legal tkomsa #64'17.41.9 • alaussa of 169.14 [g*%# themes 033•44'16•t • 41414040 at 44.71 costothou• 1171.61.13•8 a dolts "• of 94.45 teas Using' N&•37.13.4 • diseases 91 71.44 Cecil %aaace 1164.41.17.0 • d 1414441 of ISM Gaal thus* 411.17.19.4 • d14t4ac* me 7331 hail taus 019.41.47'9 • dletaat$ of 11.41 (seal thong* ■I1•e C•346t • distance sI 47.11 (eat, theses tl3.17.11•[ t dlashmd* e9 $0.11 lost$ %Mmes 411.11011.9 a distant$ of 66.16 940tkqo Nil -47-34C4/191,41'9 a distaste• ata 101311 cost#( thefts 1119.14.41.9 ea distaste of 14.11 toots th41144 1134'11.77.0 t 4151•neo of 71.11 costs shoots M-24.571141.9falls ths@ 1171.11.37.4 a digital*• g(• 01371 h0144 ast 0t$ .e. 11g'd.3g•l#.9e• ^ dleause •9 64.61 Noe# Skoog• 114.13.74'0 a distaste at 11.11 90441 1714644 043.37.13.4 • distaste of 14).84 hstl %Rose• 1141.13.346# a diploma• ms 14.1% costs themes 1111.10'11.9 a dlstaes• of 41.16 tot" %heat* 914•41.71.9 t dLta.ate at 36.16 96491 a et althe331.31.3{•6 4Msh440go7ld4$olltuto 11/T)6•1t•[a digital# ss 4661 tom themes 1111.71'11.4 a distinct of 11.62 cos e7 thong* 974-76•/1'9 t filings• 9t 17.41 heal ufas• ■61.330L1't • dlatsast of gt.46 Iag%# theme• 1161•/6'41•9 a distaste at 1669 Iona# thaage 161.11.43•[ a 61514646 41 71.14 ' los/# th•w9 911.33.71•2 a lt51stse *f 66.64 fest# %&.,a,111.44.3469 m ages4Na ad 4%.84 last themes 149'11.1#.9 a d4@st"e 4d 924.11 cast tattles t3r13'19.t • dist'". •f 44.17 11.46'84• /1f.31•3:1•V • df•ta.ce 99 47.49 cull Skoog* 133.7t•11•Y • 4l stooge df 49.03 fast$ Choate 131.33.31•V d64ean" of 13.51 Sage# shows 111.73'!9.0 • at cameo •f 11.76 if��1t ��'v * ,#jogs @ 09 x1.11 atilt& $she 0 iiiii•if•+ti 4lesames of 14.30 fust theacn assets. • /Sa%n"n gl 64.(6 hats %home• 084036011-:1 • 4laeuce At 61.44 toots 46..46 • 139.79•lsom a f131d"a 41.13 coot, theft. #17•11.16.10 a dlotah13 oI Sl61 1s*H %head. 033.93•13•W a distaste So $3.13 hest Cauda 031-05•33•V a dta%dast as 41.41 Ia•u %hut. 171.31.33.11 a d(atud* •1 40.o4 fool, cuss 1139.11'19.. /halal• a1 1131 t00%# Skase* 1177.11'lt•m a fletas'• •4 $#.$I • $#M shoot 'x11.11•-41.11 6 41e04*48 of 11.7) 999t0 %Rome• 133.9.33.11 a 6laSkmg* gf 11.31 tea, Shot• •l1.16^11•14 distaste as 43.57 ISM themes 971•)6•43•V 441attecf to 1).04 EX11113 1 3asY4al H. 1111 1ur1/48 NAT 011911fa$ILI Oft WONIVT masa L[Cii. 1tscalfTfo11 that 7•fafi food trial 14 god MIal Dor% 01 a It"AT Or a 901T10v Of m►at0 $&Ago evil firlst■ set0ms1011 t. 14• piat shmsmst o0 side" is list met a. 11010 48 09 ties Molle Satot4s •t C4llsse Ceoq. 7101144 844 H HALO ILA]{ @WIT 717190. 4tfetda" t. tat 71st "etNl 4e r*a6N44 to Fist 1041, t. Falls IN go, 9"a 111. /otlat" apt SN Mlle blesses as 44utdc cO,adT. flsUda. metal .apt• F4141"14817 d444tlbld 44 Collapse Ci00ad"# at tee dan14t39oe laaeteeattt of ►mssload Case% 404 Iu10 9044 146 11 189411064411 pas 411.4.e aplaid pill of h 6FeT at ► "914011 Of $a3c0 IWI 4aff t6T7cfdf assets no I1P61't4•s Ito" 0414 44aa*fllal as stela LN se. 17 a dlou"o of 144.16 elect sheaf* 1134.31.66.11 a 44060640 e9 $4.60 Ise, to she• se0ustel Mill% 0f gal Mat of 5414 state L444 We. 53. add she 1411.1.011/Otnlad 0the oO941484809 4404fia4d plates as Lod. 9494 1,66419 Oise 64941 M• 14149 e9 "relate of 4 classier Celle, femae4 fsfshogst*f77 Soviet a 904194 At 7671.44 Noe to, of Jap. fwasu94or17 Sao" the of 49 Adis "we Yeats. • 494%141 9,414 of 1467/•33• af see U4tabl4 of #$$.a) toU 0o0410 Coastal sold /apoI"*49*f17 ills ape eq Lle d&4 she 01 6-14 tees. $94 313.34-37.11 a flolsate a9 11.16 fee th4.t4 116-41'11•V a disease* of 41.30 leas 1019", 11N•34.46-0 0 distaste se 44.44 Costs Stood* SIf'o7'881lf a distaste at 43.43 coast Choose 1147.331346• a distaste *6 $1.31 tests Ibexes 3114'13.65.11 a distant, 09.111.67 tiger %►awe $51-11•61.0 0 palatable al 313.43 994%1 thaod9 117940.31.9 a distaste of 37.11 Iesl shoat• 114474.14.11 a •leen. ed 75.13 tests 9*exst 11J6-31'48.11 a deaease4 it 31.66 left# those$ 1111-34.14.0 0 distaste H 3747 fee tee446 141.31-30•V • 4111444, of 63.77 ,to 91 Smoot* 149.11433.11 a distaste at $6,12 coat, themes 843•11•4 1. 0'6 41814"0 of $1.14 tote thews 317.16-48.11 6 ' 496%4"0 .e $1146 coast louse 637.35-46•V a disease. 09 63.67 goes# %64446 643.33-30•V s 4tat4"s •C 13.14 Lear thews• 343.13.411.0 s distaste CL 13.3e fee th4osa /67•14'33•v distaste at 65.26 srote Shoals /48•$4'31.11 1 disuses of 43.73 Coast Shafts 471.44633.11 a distaste 01 8140 *tot# tmo&se S73•11'u•V a distaste 0t 19.71 Rise 1114049 171.31•I1•10 0 4941444:e of 49.33 coati {Moe $37.60.36-9 a distaste of 43.65 goat# sh4"e 493.7/•67.9 a distaste 09 43.14 $,all Ideas, 313.31'194 d sisuodo she $1.71 dealt show• 843.15'31•t a 41414444 ape lf.53 cont Hest* $47.41'46.9 a $lassoes N $6.11 leer losses 111'17.41.9 a dleeaade e9 $6.21 falls Souse 141.71013.9 a 48acsade of 148.31• toot# %bests 141.41.41.9 a 41996440 of 81.17 favor themf$ 131.11.31.9 a dtaUKe of 9661 lett to4a41 843W'1609 a dleeod •1 17.14 lea, ta•as. • s/1.31111.6 s disease• 41 84.72 Ise/ those@ 84)•34.34•[ 6 dtafoade of 63.31 aur lhaaso t.ts•13•71•0 a disuse. 0s 19.11 code# Smoot* 154.73'37.1 a dooe*ode at 61.91 (gex4 %some• 111-14.13.8 a 46614440 of 35.41 felt %Mage 144.34.16.10 o digital* of 711.75 49*e1 004of0 SSI -46-46•V • diatoms$ at 1441 lift 713YI•17.11 I dtalawap of 40.33 Ceti twat. 306114-17.9 • 41419e4 01 SIAS 14.11 Ramada 631.11.34.9 a disease. cog 44.77 O9* lmoseoU'4'fi•3R 3• a distaffs *I 70.44 lead, themes a So. &Islas a 4 1 gat"0 of 58.17 NOB 16.044 pY14YT0 0 distaffs of $1.46 fess$ Pial. 34846'94.6 a 41614&9* of $461 gifts 904094 131.13.67.9 0 41914"• of 111.33 Nett %heat• 648•43941.9 • •tats"e N 148.44 fast Chase 483•1S•11.9 0 41.14440 of 7434 fat$# %added 483.48-33•s • 41016444 of 79.61 11 see shoaft /35.33014.9 a diseases of 17.74 sew ta,4es /ls•$/'14.1 a distaff. of 75.86 fee total@ 331.44'11.0 dlotaf40 et $1.87 atop 04.ce $13.3740•9 • dsms4.e• ad 41.9* flat# 1404164 1484)`7$•9 d disease* of 66.41, 94.91 aa.4@e 304.33.83•V a 41614"• as 13.39 Lea woes es4.ea'df•10 . 49814494,al 10.44 tee themes as34)•53.11 4 {lees* as St.43 , 0 0 hast %beaga ■11.16.41.0 a 01144040 of 11.31 frost total• r71.71'U•r • d10lease et 33.11 Coast soul• 014-14'16.9 4 offer thut4 069.31.34.11 a 41e44nea 04 114.41 0114180414 at ILSs: %rase• 04 0114180414 • 4&442444 of M$) faetl M,0co asl•311•11.11 • dlestaoe of 14.11 goats gn4040 1143.06'13.3 a 4112a•4• at 11.14 fast$ 041.11.14.1 a 11•t1N• of 34.11 hall Mawao 11113-H•19.1 a detainee at 1/.41 loose aieato r71'13•14.11 f distaste of 1641 lease asgn.• ri1.3f-16.11 • 4ia%use as 73.11 1449# savage atl•41•I.W a dl•tf64e me 11.43 state Cates• ' all -43.33.11 • •/,44649 •t $4.41 goose tbastg 697.11.11.11 a dutute 09 31.99 falls 111404. 017.11.11.11 a distant• of $444 tat%I &hoses MWIT'11-r a dislodge of 11.1.31 full lhaade 04tV4-34.9 s 49ltoago as 11.14 state thugs 1113.11-4111+ a 41014046 of VLSI haat fhoop ■{r31-69•el a distance •4 67.11 asset %buts ■4{031.11.0 a dh44ceo me 71.14 toast 16aafd 011.4"Sl•se a 41416046 Of 11.14 state %bug• ■41.11.13.0 a des16tes of IJ7.1d seat# usnte 043p1•51•9 a deal•..• et 41.43 tease 901464e 046-17.13-V a gh%1649 at 41.41 rotor 44eata ■4391'SI'r a 41644446 09 41.46 loot$ taut• 073.41-41.0 glissade Of 41.13 hu$ tbeato 691'7V's3.0 a 41sta41.e o9 $logo 14111 44adge 041.11•11.0 a lifetime# at 14.11 deal uugo 111141.61-r a 41,44044 •1 11.41 1#411 %Most 041.14-31-11 a 414444419 el 11.15 lease Matt 1111.16.111.9 a distant* of 11.11 goof 1106460 111111-14•iN0 t Oto seats of 95.11 clear Shoals 1141.13011.11 a 43144604 of MIS tests abuts 011.11.34.4 a 41:ta'an of $soft good along$ 113.11-11.0 a 41011aata as 1669 11 14.044 IIr1T•114.S a diseases as 34.41 Ideal 40444 ■I1-11.11•/ a 41994644 6f 149.13 tessf iM40o 101-43.1609 a 41111 de el 11.13 IoaseMu ssata %aols•37,160M a allas 11.11 g•4 tr169#44• 11111.11'11.11 a diagonal of 17.44 goals %ledge 1111'11-11.0 a 41,440414 of 37.94 hese thobse 041.130$3.6 8 41918444 of $8.01 Asti# u#448 169.73.31.4 a 411811441410 It 113.1$ fret$ uuta.diai'77•t a deg440t4 al 14.01 Shelf 964440 rlt•111•3409 a dts%444• as 31.94 gorse %►foss 695034.31.6 e distance at 41.14 Nati these* 931-16-31•M • 4941,046 of $0.44 of or gna•4a 1134-stoWer a distance at 44.13 goose sloop 11.14-31.0 a dhtanee of 14.13 goose %ledge 141.18.06.9 a designed •t 17.11 hot# %1140ts 041.31.01'0 a 414%9644 Of 14.44 '00"hear 40•osg ■11.14-11.0 a 41. canto 6f 1$.j6 toog# Nara i 1.0 • 494ai40g of 7441 atM %ho"g ■11-711.33.9 a dislodge of 84.64 testi Uomes 11{•11.13-M a 41a1•ae9 4t $6.11$ • lea%# 106044 143.11013.0 a ellosane• of 47.54 hast &bales ril•de'17•11 a dissents et 44.01 far%# us re 694.31-11.0 e seasoned of 11471 loose thenee 03r17•3Mr • stater• 4f VLSI Clear thane* 471.71.434 h 114essdt as 11.61 seats those 043.11-11 11 a d44oane6 of 41.41 Assn$ taint• 046.41.11.9 a 41014449 of 1134 fres$ 04ne4 1133044034.0 a 49saane• 9f 13LOI hat$ 404.40 I1101•96.16'tl a dtsudre At 131.73 1#f% am a pea% 04 14169144/104 With W 81191aWde& Malay ter a 46 la 11104% 137 of 814964814 meso 040 vast f69a•gr sold POLO% ole* Meng 40 u• s04she,4aeh atbs o9 ref 14" et 94"Ised 6el.s as 44.1.41 Soo5614 Nate taosts Iirid•1/-0 N•af w14 aruusul37 molasses rd Llan of ds041t•d Salesr • dUloat4 •I 343.69 tela so sees►4Tw1 as C49lee*ff ec 41 alNdlot *gave, 40040,4 to Ya 1#61 as gibe •f •3••1111'11 4 dt4\4nt/ os 17.77 stat$ 664649 469.10.19-0 0 alta• 9t 44.11 Nage %a4ne• 11611-37.31-11 a 4106faer of $L44 %1 aM1140 f0••31e31•9 4 $latents dt 19.41 99493 144449 •66019.9 4 4/499.4• of 40.$3 festal "6449 116.11.3114 a 4 J4NA6T 11. 1161 ae"thaw "at" 0%TROPtl6T AAAA LSCA& suclirfloe f A food.& at load, lylel le %4 legal art at the plot as SAACf ItACI fall Attests, ageow4gng to 0a plot thoteot of retee4144 to plot tees 6. Pal'* ll.l'tbtgsll 111 44 awe /+6114 posted, •e Catalog co"tro 91699440 4" raft 9f The plat of ALICE ILLCS OBIT Tv PTT. ata/4161 to the plat oanet " I taNN in net east M A. Viggo 14-I formats &1-I of the /+blit p0ceno at Colliet Casty. f1N4er Mlq rte p44tt4+18917 deaeflsN oa ttllsve4 J9919 4e thG 044044+% Cattle at 24441.6 34. Taerplp 31 2"", 114*19 is b4%, tallies Co+"}, Itartdo. sold caner 6etwC an tat to fifty plat bow"acy 49 statessld Rogge lute watt 61041901 ' . 0000 Can aloof sold 9441+111 plat ba+aSaf} 84)-71-411[ a Atstaw4o at 313.11 Hatt %**@*a leaving Said toatt#ly plat NaM44T /11'31011-g d 416ga"a of 111.30 loot to u laseod.44904 stick tag fawlkeflf P14% 661446'1 at telt Volt 90 to awe 10,449 alewwtg up lawtharl} plat bovndar} no sor76-3f-w a disuses al ISM coati tante leavlal 4414 Souther l} Ian ho+Nate I'm"1'4341-0 o distaste of 463.11 Hatt %bass* 031.71.44 e 11491"♦ 49 11).17 full those* 93MA-14-1 a elegance 0[ 34.14 fest% 9090144 041-11'91.9 4 distaste of 3S.34 Stott 0.440 te444111'9 a distance of 14.1) tett9%0044 636-11'31-t e dlotssee at 11.31 Hatt uteta 131.11'144 o dletagt* of 14.11 $tato Season 13)44-46-9 o dletaw*@ *9 ►14.11 90+90 %%.wa$ 963-4446-9 a disease@ as 131.46 foots tbawea Doi -I1-34-0 s diseases @9 147.11 least %be"r SIe11144-w a distance as 31.11 lease tress 149'11 -IS -w o dlacanta at 11.19 too41 See9ea 171-4141-9 0 distance a9 37.81 "oto tleace 014.31-16'1 4 • diets"@ of 33.39 goes$ Seems* 1171-43-3S-10 a 496tawte at 17.19 teats those* 163-11-36-11 a disuses of 31.10 coati tbence prig -41031-9 a distaste of 31.11 toots %bests 017-70-63.4 a distance at 37.91 toot# SIGN* 061-13-39.11 a diseases at $3.91 Se14, ob 2441 543-31-63-9 o dialect# se 13.39 state *Agnes • ■33-43036-0 a duos"* as 30.39 Scott theme@ 1143-46-111v 4 diseases of 34.23 91*9t theme* 134-31-3417 a diseases at 11t.so tae% to so intellection walk the Somatically RITst at Yat Lt" of State &end No. 93-06 1110' wide light at war) so leas as a[tle@49d VHt at leges Catch well T+.0p/ thugs ten eat lawslevel@@ •lost olid [600"1} 11109 of Way Lima. 843-13-41 9 • distaste 08 181.06 Hat to • Velma at "evtetl* at a e19411af Cegeao Cassava to 00 1resa a91and hav/el a 4dlse 04 361.31 Seaat 0441041* BoatMegggi ago" Aso ate he sold tele. 1126"ll a Cecile& delta at 43-34 34. 4e "e distends at 314.31 Hsi te the votes at tlela+fll ttl"e 110.3181.6 a diets"• @t 171.1 toot *e See 98919C3} pie% legendary @6 4109,4814 Raft@ 10496 941S 4929046, 4444la% Mendell 4104 hotel the Lu stll1 lite •S asset** 13 as aleacea14 Tovaaslp $3 scetb bale 36 bob C411101 C44441. Placid*# the"@ Ata -34'43'9 aloof sold Cao t@di} Plat Ce+adtcy 444 coast** line a distance of 1313.31 4:91 to the ►ass% as 8491"909. • cgetalA&el 11.83 ogle•, non " lees. EXHIBIT C 0 ,lata"e of 311 -al C44N &bate 11r11'34'9 a diet•". .t 51.14 feet! %homes .111 so'w a dlatawed of 11.14 bell theme. )1{•31'11611 6 dl4umea q 189.11 total theme. $$O.31•07.7 d 4101*ees 0d 44.13 16#11 %1444/ sir31'31•10 • dNad"e •d 7611 Costo ob44so 341.44.14.0 a 41slaate ad 51.14 gloat oblate a8994414•11 a estimate of 51.44 Clete thoseo tUP44'47•v a dlat&aee at 11.13 10411 Shoots atl'64.11'10 a attempts at 13.11 dealtat to ol&•11489'w a mato do of 71.14 (*eat %nese. ■ fill 3.41•, a distmaoa as 11.71 toed these. 949.04.41'+ a alt&dead of 14.14 folio Uo448 051.51.43011a 6181444. of 46.01 1 ■14.state 4157'3 a 49144No•ll ata 45.33• wso tolul skatess a1r31'11'ee• alts 4440 of 11.34 leen shoots 013.44'STt 4 418144144, of 53.61 Nal$ lho"4 mel•89'11'w 0 41et*44a of 34.31 feet% ISOso 113r31031.0 a 4L4j4"4 of 45.31 Coast &bate. 01r47'43 -v d 478%8446 0t 41.19 %$alt tailed ISS•411/3.1$ 6 Ualmpe4 a9 $$.77 small 4ae"d ■stv)'ii'• a 4161,4140 04 $1.71 Ne%1 %heads ■s$*33•3e'• a dl4%4"e ad 1$.41 st,H ad"4 0,3.41.31•w m d Isolate of 16{1 Neu aoate Res•)7'51w • damages@ at dl.es Isolate Met 4461 0 0 #late"4• ata 11.37 4044, at 460"o goes, ii 12'11 1t. f $%data et 37.11 I6#%, %Nate 44%'33'31•■ • diose". as 61.78 Itest "'Na a0t•7Y63•w d 41,1811. 41t 77.06 Noel aMmte a 4/414'/4.9 m d7eteNe of 53.36 Leat %a.... 011.44.14.9 4 4l.teal. 09 3614 goal$ 11$... a47YYS4'9 a othsv4le at 11.13 71611 thole. 1141•03•2s•11 a dle{40te 91 1663 took, ,east 10 44*43vr9 o aimed", q 146st (bet %a a M11% as 1a14n41a1" vl&b the esethe141441r 91144 Of War LI" ad aeeeeosld NotN" B919e. 6614 Nett also Mise 40 the Ott at • deavlae terse to"t4114M M she e3NNw/Id+N 1 "Ivq 46#4.4. % It tet oma aatw a. Raft" 4 so o1 316" [eels %""a 6#M %heee14g7. ShtsNalr e" Nt"446tooll ale" the amt of 9414 egg'.. 94e*"a a a. it's 4M(*q 44.46'34+ Nass dlaaaate at 344.46# lost lo us /111{ of 4869.44} esetse 1, n 1 tso"o l"I*lose 4414 Right mf vel U0 6#31.44.17.9 • date". 9t 307.03.9609 to sea 1"96460% oaot of 419 is of oboe, 4111 ad 8414 ■ales \aaah wait rlttalat theme. 0S4.S1441'a ala" W B"&b44ma aserdee as 4414 W 9s eI II"a 474 0 disavowed 09 31640 same to 410 l"1Rv"s "e"s woI640 Le"ao un4'llot q4." W West 119aod46r of 4414 Blame old a 44aae"e ad 41L44 g"a M 410 WewaalNod t"tNed44rq $loss at war Use ad -3"ge 44a Wo. 131 W"4. 914011'1349 aloof sold t"W44sotlt $416% at Way L5M a 49414"5 99 911.41 logo to the p/at st nrv#Au a of t 691alar 4'6#7%9 sMeaN N W 0004491 wise a gods" 09 1773.13 tests aewo0 *to" sold It at of we/ LIM aM 6#9 qt ds sold alfa• afose► a asset&? Wee dl ` 94.1141.` as age 411Nmao 0f 133.44 rest 44 tad setae at 466# Sas 3 Shama* oma112190:741 st sold altst as way tee $$$Tittle a 4184tae4 ad Ills. Nat N ted nkat at N/L"I". 0 a"%41al" 11.44 44141, "to *e 1444. c 9 GOODLAND MARINA BNTRAMCL IMPROVEMENTS - S:R: 92 LEGAL DESCRIPTION A parcel of land, 66.00 feet in width, lying in MARCO BEACH UNIT SIXTEEN, according to the plat thereof as recorded in Plat Book 6, Pages 112 through 118, inclusive of the Public Records of Collier County, rlocida and MARCO BEACH UNIT TWENTY, according to the plat thereof, as recorded in Plat Book 6-A, pages 16-A through 18-A of the Public Records of Collier County, rlocida and lying 33.00 feet each side of, as measured radially and perpendicularly to the following described centerline: Commence at the centerline intersection of State Road No. 92 and State Road 92-A As shown on said plat of Marco Beach Unit Twenty; thence along.said centerline of State Road No. 92 (a 200' R/W), run $57.410004W a distance of 983.05 feet; thence leaving said centerline, run 502.199004E a distance of 100.00 feet to the Southerly Right of Nay Line of said State Road 92, said line being common with the Northerly plat boundary of aforesaid Marco Beach Unit Sixteen; thence, along said Southerly Right of Way Line, 100.00 feet South of and parallel to aforesaid centerline of State Road No. 92, run M670411000E a distance of 81.94 feet to a point on the acc of a circular curve concave to the Northeast having a cadiva of 110.00 feet, said point being the POINT Or 81'GINNING of the hereinafter described centerline and bears 581.211150W from the center of the circle of said curvet. thence, leaving said Southerly Right of Nay Line, run Southeasterly along the src of said curve and along said centerline, through a central angle of 100.50'13' an arc distance Of 193.S9 feet to the Point of Tangency of said curvet thence H700311000C a distance of 315.00 feet to the aforementioned Southerly Right of Way Line of state Road No. 92 and the point 'of Termination of said Centerline Description, said point lies x87.4110049 a distance of 442.76 feet from the aforesaid Point of Beginning. Extending or shortening the side lines of said description, so as to intersect with the aforesaid Southerly Right of Way Line of State Road No. 92. Containing 0.77 acres, more or less. D1'at' oo• E CbMos 13 s1o; 3. • Q: tto,00` tod'i4�tS' A: \93,Saj� Aft LEGAL DESCRIPTION COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE MONUMENT), TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA RUN N 68056'55" W FOR 1465.24 FEET; THENCE N 02029'06" E FOR 694.66 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S 88058'47" E FOR 1439.23 FEET; THENCE S 00°20'25" W FOR 695.29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING THE WESTERLY 17 FEET OF THE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166, PAGE 001070, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. rmb ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. • 13117112VLttCRT LSCPOu XGMXCUT Me AC19ttl CRT,mads And entated late to triplicate among TUC OCLTOwA COIPORAMN, a Oolavace Caesarstlan; cetected to as •Ms% Isezro and (escrow Agemel, ntetred to se 'tweed party', and COLLIER COOUTT, a political esbdtvls I*a at the state of rlatlda, attcced to so the •Gemty. WITYCSSEM vssAW, first party has made appileatisn to the Cooney tee Rao approval of LAW roNlvlslss plat •f chit ot_ Jubdtvie(an, bastlnadtae coronad is as tae *VIAL*, WHALAS, It Is nuteally endarataN'Ind signed by the pestles to thea A19644e6L that this agCnament to emtocN lento ae %be direction at the county ter the rocraoo of prateetial the eltlleas at Calllae cmumty and the pertbasees of the leads shown as the plat, hecolmattec the eplateN DSM se, In tbo sweet the first lacty ts11s. Le complete the smbdlvislea lepstvrooata as hoeslnalter described, led to Induce the County to appgsvt the plat, ummu, the first party hos rgesaanted to the County that it latsnds to eo■pltte the q improvements which at@ Shown on the flat and torthee Identified an U• plans and •thee documents that vest aabeltted by first patty to the County to canlunctien with the plat, htarlaafter the •subdlvlsten impcevK emu•, use1CAS, the ortlasaed costs to eo plegia the subdivision in Prow ememtA ata get Ostia en Exhibit •A• attached before, W%CRt.Ai, It is the INCpoao Of rho r1gSt party In Sees by this ATreuaat to Garbage Snd agree with roe Ascend party Ser the establishment of an aserev acceent In Kee Nance vitt' and puravent to Cell lot Qesnty Subdivision Regvlattena. MeelnGftet the •Subdlvlrien Regulations•, and wsCRCAS. second Party his consented to act es Cracow Agents UOw. TUCRCrORC. the patties upon the CGRalderatLens expressed ht'SLn. pee.Lq, SICea Gad covenants as follwn Exhibit D I 1. CA em b4/e9e the 111t900em 11241 day 49 604ty &anon, bae'r.cty $half pct' so swat to he paid eo second ratty I the lease teeelmto IAA She ease at the tisttod Garda, rhleh ,co ceeol"d by rttst tasty dvelet the pelvises soothe tee$& cdpts to leletvas all CuFda neotved by !tete potty leu 54126 t All slated Leads, lneludtM all d4pool i, piys6nta on eon. . seas oM ethme 14"S of avety kind &Ad deKelptlon dotivd In it .?4y Coca too salt ea e atesplsad sale at the platted Lands, q. (A eetaptlap any lntacost totelasd by title ►artr eo say i8atlaaat cblllatiu taken to concoction vlth the talo 01 the kuod Lads, no $dead Facey lull b6 tet90Atsble only Cor X148 64%v,lly coealved by It SM seals. las he chatted vit► or ,.peat►le lee evlieetlnt any payments that tint fatty may be 11116t,d to Atka to sasgN pasty b6ewMor. hll Agates boss by .gold patty to actoedaace with this htcasasst art 1148alnattor t,ecd to $& Ch. 6C2eeewo4 RenLea'. L Cactovd Rolla$ ■Sy be rtWrorm H riest tarty at ruck Is 48 the 11416490 me the Saslow account 4et4da am amount equal list as the 9029 to complete the them ucseplote seNlvlrlon F"440RU, As IS tees %tat is time 48tabliaMd by first local at t4911s4ctttR 49 the cavaty, tacnved 1109166 say be adeerm q that Party ulY U eewNdaes rich the relasu Scott W lutwctlest at the Covony, pcerldd, bovevac, that MNlvl6loa Lpcwesuta holo been onglasd S11 to tM As sad q(ctetcotLona betotoder• Cts.d rlth.tbe eogaty Spa a oal90ast" to the Cmvatr that the soutlislon uptevtunts I recttea Cheeps have last 90gletad Sed pall Caw In dull, IItrat Party $ball have the &*Radiate richt to ulChd$&v all ie• Olt of She tsc$&wd Ranlu is the aommet and mused ne•bct► a mad the Couoty may set vltluid gptevrl. leeltten consent .la telctleas of the county dellvotad to the second tatty Avlq and wtlertalat nett Fatty to vlthdew taenvSd as, $buil be comet" to; evldl"e sad pawl to Second lostr o/ S tarty' •ole%% to wlthdrw the Cotewod Real" sa appeavd ,etherised sea •ball abselve the sassed ratty Coca Any Litt' tet the disease eC reargued Koalas. Witten so the laatva • !n to* t.d.b. Seq Accuse ashy1t Iivim the County by ls, S cnTi10 MY be the teener Atteros d') • 1. second level shalt %tae the sethertay to Invest end telavut alt Coefdwed'mtilee now to herself## hold by It pvtsvent to the poevulens @9 this A4Ctiseat. to 4eswga Of Complettea of the Subdivision improvements In aceaNsoca vith'tho following, til Second fact/ $hall Invest such pact at the erocowod autos Is turf obligations of the Gaited etateo, including Int met ltdtc4 to United stases Ttessary sills, patted states Tg#,tiq lfeto$ and Oa Ltod states ceveensut sense as to Costltleatoe at Divest% as Cttst legal may Logo %too to it,, dic#,te, previdode however# it is agg#,d that Ceeond steel fall oat be cashed to invest t►regb pufchaau sl Nth eilllatleu wage efts■ than gfaroaslyl cad profiled locator. %%G16 second pacer atll 0414 pottheses of Both lnaotoents only 1, @alts •1 One TleosaM (11.100) Wlatsr Be Neto. M. All tauten AM issue 04th44 on sick levea4asat of the Csctaved Non Ns shall be aped to and #@mats a pan at tae aeegw acetone. a, reflect of the first party, to complete the sobdtftstom lepetiuesu within tveaty.(aC (Yea 4#,b, If" the data oho flat to cacordsd in the public Istaids at Collier Caaaer. shall remstiteto a 4498%lt Be %bio ATrauane and sect 469411% $bell centlola *alit fief% fatty eegipleest the ses4ltl$N4 Imwofemonts.. Ubrlsp any period at Qt6u1 t. second piety chit held the ttcrwgd "sales for tae account wad hemettt of ago Ceuaty. and dust" tick pe9164. upon v#ltton tattletale, tam the Countyl teased tarty $hrdl pay to the County each aseunts of the tscrwed tte,le@ so the Co1mty from ttse to time #,litre■ to cesplote the subd:vision ia►rovennts. Any tacrwed natal resalelmg atter the OoOdlvteloo tsprovnents have been CeaplttN $hell be raid by.sagend 14rty is plhs party In accordance Wish the peovtolems at paella, I above. S. Any Controversy srlaint ,Nue at this Agreement $hili be shelved In secacdesct with :he lave e1 the stage at fiestas. 6. flNg Nr or stoves that Is rill was 4lssctly at Indiftesly give Aust laity to or edvest"s the uletanu e9 We Atcrnnt #,hes than to official sgnelh Be state, peevinelal Be rosiest tete[Ments. 7. fires. small botchy spasm to pay to Second ratty sten nsabla campusatles as Skill less time to tt&o N agreed open ,,rids, cet.cee tint party and foce%d forty. to addition, mod Peaty shall be ulaoutsed tot any tesasnable upeatu, isdlol reasonable scandal lets Lacvavtd br it to its 4lattatte, of this Alesemcot. Sdd 9a■OWes atlon and-etpaness :1 constitute a charge open the tcetsved Radial. 1. Second Peter will receive, ',cap and account ler all Moved Wastes to an &Again% Biggest$ seen CRY other .nomin of a Petty, except as may be ecewltet otaftvtsa by Lae'dlrectha .tletvn Conan% of 914 Cov4ty. Second tasty Will eutnleb the my with a gwanecty activating 09 the tscroved Montes gold,$ !aunty specified otbery Lst. A physical pnlens covert. all 199th t►d cmmpletlso status At the SWbd L.ts'om Hpeov.- a, shall %A ldtelebed by flcsc ratty sisal milk ,lace wool" of the tdetwed Males, 1. SdC9M ratty will dlabeave Lam tscrsved Moles doll as daeseve prowl did. Is. sound Fifty shall have %be elpt. to temtOn at any time -living talker (301 days eclat written notice to the rltst wand the County Sind the fiays fatty $bell, vtLat4 such A et clodo appolat a svccesset escrow Agan Which is took'@ to the CavatY, to succeed ties !amend ratty, it within R 1101 days stiff 60914$ Of 98dgeaclsm boa boom Viva by A Noy, a 1111444184118 to aka posed Hoy shall mot leve Nes $.ted, the second avavy shall mottcy she Coduy who Shall Ito any covet of competent J0912dtetlsa ter aypolatm at of 4. data. 1. It is actually paved by the penia Last any liability avid party me its esgerveog As aegreeely, limited sed so long grind forty or It suldesames absents sat disburses to Vara SIR compliance with %%Is Agreement 411 tsetowed Wales. It set be liable lot errors of 71d0un%, and yen% fifty Barrel cgraas to lndesAlgl the soeead rartl as Its successors tut any Suss It •asy Belgic In tarrying out its oelt'sations under this Agreestnt. tlr wiT1ress YAestar. too tactics Issas Im ssunto tet tsotc ' Bends and costs By thatr dill satbee4ed oglleocs on this sighed. mled snd delivered Tug OLLTONA CotrOMTLOH is the presence els Attests 16 Uzi— ,. ASSeeat 0e.1 iLserav Agont) s Attests Isurr— This Allotment Isar been subaitted to tie Cesnty Bad is Isersby approved. 110As0 or Com11T COnaissloaTAs COLLICA CO"TT. rLOR:DA , A a c DEVrJ OPbM'%T ' OF MARCO, IIYC. ;. WILLIAM Hanley, Prosidosc IFS OF CAJU CIVIC ASSOCIATION A Palo Pale Dr Lve, Vasc ilea of Capri, Florida 17931 "c lit. Ramey, to result of out two Client Meetings with YOU and ocher members of the clic Association, 1 write this latest to ceefflm ser petltlon tegatding as property located at the Sector of I.R. 19111 end I.R. fp Sl. During the \tongs you sad other Members of the Assoclaclen outlined cactsta ceacarns ttardlas mut ragwat to Chasse Cha existing states. Please allow of to ddreeS those csncates. tract In regsgds go the vatic se nice to Islas of Capri, He, Jahn W OJ w - At Use Informed me, through my atthftictt that when s.R. H S1 Is in the Jeeeee of ba ins four lead, a saw 11' vatic mals eseaasleo (COCA Manatee Rd. dons 3.1 0931 and CCIfIILh Rlgbusy to the Islas of CApri pump statics alto All be JASLAIled. Our engineer viii ceataec Mr. Madejawohl's office in or - :If that we nay dettralne wbeeher this ASIA will be adegwace ce handle Ovr meds in addgtiea go Chaos of Islas of Capel's. It It it sec, we have agreed a Citbart 1) "Volae the maim ■t wi aspenst, from "access Rd. to we loe- slon to issues proper -s mis to everyoeat sr 1) Should the county so ragwtat, m will 10416 to DtltOaa 119111tta6 to sarvict•wi by building A voter treatatat !aclllty to moot Oticons's raw vitas that presently posses by we mita. 1s Licher cost, our project vI11 be sacvLCed without any sElect on water service a the I6145 of Capri. k4ondly, we are "coding out request to the County when we stat wltb the :aunty Carlssloners soothes Is May. As you know. the property Is evrrcacly sad esamortial under a V.U.D. 4taemast between Collier County and The 141- naa Corp., the previous Ovaero. 1174Cr thLe sea IAS, then art ever 100 dif- hrest comeaceiol uses allaud rasgtog from awes"bile service seaeienaf Mulpeent concelol fuotral hoses sod Swndrles; to veterLoary climes And cat uahes. Also allowable la •say ocher coaereial use me professional seevtcs .filch is comparable in astute with the foregoing uses and whit% the Sontag- litectore determine to be compatible Lt the district.' We ace eequasting that this turresc seeing with all It$ uses, stmt stated and See Alectattonary, be Ohansad to dlw 0�the eamttmct los of a 150 tees hOcal as/ • 100 sac res tautest 00 the comet. We ate WT rqueetieg pecaLssien to undareske con- atrutCian on Cha site pSlar to eha tour Seeing of S.R. ISIS, which Sa Clearly rrehlbited by Cha LU.D. 40esant and the Regional Planaing Council's develop- ssnt Order. And We Act not 98g4S119ang pemleolan to do any Clasrins Or fill Las ��-•-• Continued . . . . . . . . GI BIT Gt il7CAa •• 750 awl\W1•I�./fWMr Iw,N cry lKn elV♦L\feel\ IISM'f11t1 Leff\ LI KX1a \1017 FI \I\OA>71\ Exhibit E pate 2 - Ke. William Ilanley an the aiet prior to the four laning of S.R. 1151. it is appr@ptiats to sap bete that this site is the only one an the south portion of the road suitable for use as a construction facility during the four laning of S.R. 1951. The ponsibility of msisg a portion of this site for this pur- posa Use discussed with the county and we have no objection to its use. 1z su@aary, out -.&,vest tz casose the prcp&tty is acre testrlctbre .n.: %ill only allov a fixed use foe the land, I.e. hotel and castauranc buildings, sad not the many cosmaccial uses chat are available presently. Our land use plan is aesthetically more pleasing and will genarata only half of the tesf- flc as a commercial shopping center would generate. Additionally, our hotel and restaurant facility would be of benefit to all area residents. We would provide rooms at reasonable rites for area guests and dining facilities for area residents and guests. lie appreciated the apportumity is oast with you and @that maabesa of the Association. It is @us desire to work with you to ensure that whatever to built an the site is the but that it can be. We encourage your support and look forward to hearing back Leos you regarding your feelings on @ut request to the cousty to resoea. Thank you for your time and consideration. yotw _ Robert 1. Usher president RRL/maa M Nr. James R. Yensel, Architect Nr. George Vega, Ssquirs tits u e4l \ Q R YmuJ III evrr rF...mn.. nn,.n.n.. �j � flylo-R(-Rq a Fid is Creek Master Plan Fiddler's Creek ^ �° N .,,�y Land Use Ke% Prererve r 0 W ` R Reaident6l a &Trio vC°mmersui Uks naples, florida ��';7 ;, o ° �' , OPe. Spa eJB°a°rs Uratnage Fi V�',\ U s o P Park �. Scale: l" -80U � cc c°ucne. -_ i ��� ;,� Date: November 2017 Master Plan off CC t]°6 Ce.Y, c�—unuvF-wa xa°bea aam-mte I Fxhibn FC -AI Q Rtud Right-0f-R'ay .,,�y Prererve Uks �' , OPe. Spa eJB°a°rs Uratnage Fi V�',\ U ements Utdky(Fv'a '1t ALF Permitted tk'R Estancia ***Park Development Area. including GolFCoune Uses L EXHIBIT "FC -C1" FIDDLER'S CREEK LEGAL DESCRIPTION UK: 6030 m: U113 A Ferrol it ]And; !Tan/ to'sterlotts 22. 22, 24 and 2s. Tow"s"se tuyeprtse[lwmcounty;. rlenda, being sereparacl:rldodi eloe eosaenet at the Northwest earner of said section If, thence run /44#51'1069 along the North -line themf ter a distenea of 111[.50 feet to an lttteren[teen with the tasa..t..e.w. -e [astariy night of Nay Sona. of state abed AOc 137 a dldanu ---- 153486 S494 4119-t distanceofleaving522.20 ! t�e2 thencetof 210027.22-i a dfatanea Of 113.79 feat$ thence a10U1'9P9 a dietanaa Of 4i.[2 teat, thence S44 -S7039-9 a dlstance of 147.49 feett thence S22•71'21•L a distance of 101.19 fads thenen s07•lge3m• a distance of 159.01 coati thence 822.27107'9 a distance of 60.97 feast thence 451•SO'SS'f a distance of 114.40 feat! thence 974004-40•C a distanat of 144.09 isepthence 44S64312C•9 a distance of 167.62 least thence N12•03'il•9 s distance of ID1.1 T.te6ty thence Nhl•53.U'r, a distance of 104.27 feet! thenen 1110.26'54-9 a dtotenet of 67.11 feet) thence NK•09137•[ a distance of 1p.64 fiat) thence NC440ol4'9• a distance of Sf1.40 tach thence 1179406'14.9 a distance of 121.22 fatty thence 617633'021( a dlstanes of 273.44 feat] thence 310-39134-C a distant@ Of 109,77 feet# thence 8o7679•51'C a i dlgtance of 145.04 last: thence 647.21147•[ a distance of 10!.47 foots thence 1443's16S7.9 a distance of 46.15 feet# thence491•SO-25.9 a distance of $3.97 felly thence 843-21,09.9 a dlstanes of 96.67 taatt thence 039651'17.9 a distance of $5•.20 teats thence 31264"S' a dt dente O: 41.21 foots thence 454.17144.9 a distance Ot a 2.73'fe#to thence 1155830.5ma distance of 67.75 hotl thanes 1174'SP13'C a distance of 64.15 feast thence 143'07'33'9 a dlatonce et 90.50 featt thence sS4639121'C a •dimt&nc* of 139.70 feet) thence sD0611644•le a distance of 120.36 [sett thenen 102012'06.11 a distance of 166.16 feat; thence 114°'31'04.9 t dlttanee of 106.10 leap thence 477.5265 2.9 a dlatanc• of 122.27 feat$ thence distance°a[ 106.33 tfeet#oinonce .N18956126 -thane■ S7303 1$25-9 a t s a 911 coat of $1.97 .[9101 thence NOS•tAuceo a 7.72 Ce of hence/ :5947 t4enea M91041-34-9- of a - d.03 Ca Coast , 77.11 lents t4e0at Nidistance a 141.05 C of 'thence 1307 30'X!6 NZ1,55,440M a 42 joy Coati of thence lett# 'thanes Na7a32'10-1 s f 119.0 of 142.5/ e thence Nf7oal'7PR a distance of 116.07, tut$ th*e59 dtstX166°1401-9 area of @399 42asce of 10.07 featj thence 113104 6shenta N746000ce a I7 distance t 01.44 f of thence fesp• chance 1141. i!ta•e a dfatan.9 et oati Lente Iml 1174.30'3409 • distance of 101:17 feat, thence dlrtanee of 101..16tluty thence ance of �019434 23445•[handistanea 01ce 666.07 Coati thenal N72610130[. a distance of 99 .2t Leet) thence 1174007'75.2 a dlrta•ct Of 115.20 foot! the N72057112•9 a so of 172.57 Coati tbe0ca Nh4•3S'ICan a distance of 71.02 hep thence Nfo,14'24•[ r • diatanee OC Cbl[ coati thence 1176.07,14-9 • distance of 77.77 feet) thence also!1'39-1 a distance of 263.41 fedi thence 114615.46'9 ■ distance. of 67.61 tent) thence 023019159•N 4 dlstanes of 52.61 leap thence • 436430117.11 a distance Of 141.77 :eats thence 24$014^20.11 a distance of 110.47 fatty thine* s46631'04.11 a distance of 49.06 tt9t1 thenea 424.17117.11 a df@tance OC 7o.so seat, shallot . 059.07'31.9 a distance Of 72.29 feet$ thence 076.14'23.2 a sN9tT 1 Of it Page 1 of 20 AGENDA ITEM Na G _ 12 2090 vangf-3 UH: Mb Ful Q114 267.761p4te thenen 207.00.96-9 a distance . thane, $&e•18176 -i a distance Of 116.50 tee: 1127.9 a distinct of it7.77 [fate. thea. • distance of 220.03 tufa thepet 821.10116-9 [these 61044411i•i e. ldlaasce�et 126egn0pat 16122.9 • a distance O(' 119.09 Rete 10... d/itinei a! i1f J6 fats thanes x17.30.26.9 a dl6tance et 1l.4 Cuts thence 832037121.2 a distance o[ 131.09 tact these 210.53134-C a distance of 121.01 teats ![Nils 839 1; distance of 113.06 (sets thence 292036-2409 a distance 0 145.61, tuts thence 161.21160.2 'a distance e1 121.60 (tet thence 3S9•4f144.2 a distance of 113.37 teats then,, 814030136.6 a distance of 94.11 tests thence x2{•2[162.2 distance of 93J3 tuts thane x40.33'39.2 a distance of 241.9 [Ott thence x40.23140.9 a distance of 276.26 facts than,, N39 0-C a distance of 611.33 Cecil thane. 8311013.26.9 . distance of 962.09 fists then ca fit •01116-9 a distance of 96.3: 2130 i3tp7 •, a 1d13tanCe of 1390/ne. 2 fasts these* of 121-08 50002theta t1 4 6-, . $50 theses of ithes1 fuel Manu f57•stance a dIata27.37 ee s( 319.11 ager eh4n.a s77.03sta•c • distance of 327.37 testi Nei 0t1f 0OR a d1 tante a(is34.t9 testllth nae 894-07-14-VeMena e e dtetanea of 61.31 feats thence X41.23.11 -V a distance of 33.0• f04012e33•Y a hence ,distance sofa 151.70 seats (.•thence 8000279 t137*Cnea distance of 131.06 feats thence 207.37-23•C a distance at Sa.01 [cats thence 505•321110C a distance of 72.70 (sets theses • 233.42125•Y a distance of '60.13 tests Mania 815.21^21•, a distance of S13.63 Leets thane x710tS11s1Y a distance of 78.02 S Leets thence NS4tl1141•Y a distance of 292.72 (acts thenet i !1d $tinea e[ •101.42an tests thence 9(sbaeo7titw aN7dis6 nceY of 1.1/3.39 teats thence x63.16152•Y a distinct of 100.3! fasts -thence N10•26101•N &.distance of 32.27 [sets these* "76.13'47.9 'a distance of 139.12 faett thence Ne8116-46•, a distance. of 119.58 tacit •'ihene@ 272035137•, a diatanea of 120ss ({KS thence 270442134•Y.a distance of $1.33 seats thsOet i5/•33'15•Y a distance of 236.72 Leap thence 801033'17•, s distance of 304.11 Leets themea X30.01-16-0 a distmee o[ 196.!0 Yeats 52400112509 ea 1' distance 0[18717 7S fnst173thtnoa 961031157hi ca distance of 618.63 tuts thanes 803014135 •C a diatanea o[ 44.49 Costs thence 306.37633•0 a distance of 144.20 feats 'Mance x7P5e'49-9 a distance of 34.50 Costs thence 1449941659-t a dlatana of 166.94 leen thence N54.40'23.2 & distance of 153.01 feats thane 817.041$6•[ a distance of 193.90 -tests thence 373.30101`9 a dtstanca of 292.36 [acts these& 2791071291E a d tinea of 161.37 feet$ Manes x33012113.9 a distance of 77..11 fasts thenen N71.33131•L • distance of 83.20 Costs thence 385.53.26.1 a distinct of 92.10 teatt thence 393013176-2 a -distance of 129.99 Le1ests Menet N68•54•10R ■ do starlet of 100.10 teats thence N3313t•nea el 3distS e. a 149.03 tests thence 1132.33117.9 • tl thane 033.14122•z. ■ distance 09 139.06 tuts thencs x47.38103.9 a distance of 111:61 feats 'thence x40.09131.9 a distance of 96.63 Cecil thence x16.03103'4 a distance of 213.36 tads thence x56-56.34•2 a distance of 167.04 facts thane 372019146.9 a distance of 90.70 [eats thence 269006-01.9 a distance of es.10 [acts thenea 232029-S0•L a distance of 134.26 Gate Manna NS60301114 a dtetanea•ef 1004.23 Coati thence x06.4910719 a distance of 121.74 seats thence "46.01130.9 a Leics nthcse 70ii422ISS-9taeUstaoeiiof 61.66 fists thhence 12.92 Page 2 of 20 . OR: 2656 PG: , 0915 • 221455eii[ a distant* chane. 71 (onto then" 0M0Ss'Ol•2 i &20024-08-w a distance 49 97.27 N42067-49-9 4 ce /distance sofa 46.81anf*ot -thence? mseaflet- 04.2Aea distance of 138.11 facto thence N7Se20•109 a dist has me • Ao 6.92 -Mott thehce NOd4S6107.9 a distant, of s7e.7 fest h"" x94012410.11 a distance 'of /3.51 foots thence 071 24012•W distance N 123.29 Coats thence KSOGS3000.W a dist n" Of 112.16 Leets thence 016.04121*V a distance of 66.4Costo thence "24452024.9 a distaned of /2.06 feet# theme* Nis 42.31•[ a distends of 11.21 (Mott thence x8/•67•64d9 a dist nee Of U1•f/ lace- thence 171017'13•a a distance of 64.9! Nett thence 951•!144-9 a distance o- 90.34 Casts thence ml3 $7.31'.9 a distance of 167.60 feet! theneN 149453.3649 a dist act of • 103.27 Coats thence S33.2712009 a distance of 47.1 tests thence 401407.11.1 'a distanceo! 176.02 feats thence 6$7.10•57•t a distance of '90.42 feet! theme* 139.52 00.9 a distance of .315.99. festa thence $10*50•5009 a dist ace of 100.90 foots thence 101.41.30.11 • dtstancaof all .3 feta thence 844025#43-9 a dlstsnce e[ 177.22 lost; then" $3'027'04-9 a dlstanea of 194.66 fee t7 thence +1!041• f4 s distance of 234.47 festa thence sS104SIta•L a diet nee of 205./5 Cuts thence 644044,32•- a distance of 17.2 tests thence •SS*26.'25.9 a distance Of 17.41 Cee t7 the nee NIS • 7.01.6 a distance Of $4.43 (eeir thence 1132036102.9 4 diets ee of 133.36 feet) thence 1116004.02•C a distance of 77.41 tests thence +67.01'55.9 a distance of 118.5s tests thence 645*09.14.9 a distance of 2596.69 [sett thane@ N2045244•t a dtstanee of 15.21 feats thence 017030.00`9 s distance Of 16.22 Leets thence 113SO35.54•C a distance Of 41.09 [tett thence 021.4044•[ a distance of 99.89. Cu to theme* 1119444' 2•V a distance Of 21.61 test; thence 673•26.39•lt a dlstahe@ of 151.66 feats thence M09•04.17 -V 4 dLstaace of 117.531I feet; s thence 015#06414.9 a distance of 74.75 feet+ thence 046.63'43.9 a diatanet of 74.51 feet• thence 912446,5$•11 a dicta at of + ;32./3 Coat; thence N114SS4330V a dlstanea of 74.92 Coat; thence .432411•57OW 4 distance of 65.42 toot( thence •+ce11 1 .11 a . cls Cance of 67.21 feat) thence NSS-02.17•11 a distanet OIL OS lestj thence x1S.16133•V 4 distance of 109;50 foot$ these* .... y659•10•24•x.4 distance o! 95.2! Coati thence x31.00' 6.11 a distance Of 62.34 feet; thence 3401.12.06.11 a distalee of 153.30 teats thence x36425.56•$ a distance of 106.&0 Nit) thence 1410O53'24•V a distance Of 140.47 [acts th•dee 1422037140•t a distance of $1.15 feats thence N37,19- 0-9 a distance of 162.44 fast; thence 1119033002.9 a dlst4rfe4 of 114.95 Coati thence 1104.64122.9 a dtat►nee of 101.72feat$ theaea 1104869.51.11 a distance of 137.15 fantt Asses N20030'53'9 a distant@ of 147.93 feats thence x03046`a •9 a distance of 144.33 [ants thence 017432.07*V a diata"r a of 190.04 feats thence 1111913139011 a distance Of 140.97 �f"tt thence 1100403.49.11 a diatamce of 73.02 Leets thence 02503fes" a distance of f9.53 Coati themes N31622421.9 a distanla of 73.73 feats thence 9/002146-9 a.dts Lnee o[ St .fS teat; AOOe4 501953433•W a distance of 116.61 Nett theme@ 6!2033 a 9 a distance of 120.72 facts themes 963032053.9 a distance of 94.07 tuts thence 644.32.22.9 a distance of $4.42 feet) home* MAGO20-SP•9 a distance of 79.18 feats thence 13701640 11 a distance of S0.22 -fasts thence 220446'•31.11 a discuss of 75.60 feats thence 92SO2243•V a distance of 103.06 Coati ' home• 610056.20.11 a distance of 105.37 loot!- thanes $10.07.1 •9 a distance at Mile feet# thence 643421024.9 a dista0 a Of 116.9- lasts thence +84416.17.11 4 distance of 34.66 feat; theme& 840.16.31.11 a distance of 106.46 feet/ *see 623043.39.11 a distant@ Of 130.40 test$ thence 801054 49 a distance of SS.19 fel" t thence 92003044309 a dlstaeOf 1.69 (est/ thence 6tS•a8035•9 a 41staues of 164.!3 tuts an 900.20.10.9 a distance of 201.60 feat to an int*rsactlnm 112th the test Lin@ of aforasaid $action 241 thence N004151280tlong said tact Section Line a dlstanei of 4476.41. feet to the N0. 41 (� DEC 12 2000 Pa. 4k 5 Page 3 of 20 Vaa. aUdU Cu. UILU Beginning. 4 ALSO i 4 A Parcel of land, lying in &Iorsiaid 1SLTION 14, TOUHSH2r 31 SOUTH, SANGC 26 IAAF, Ccllter county, florldo. being more particularly described as 'fellewa ae0•anee at the Nortliesst corner of said Section 24, thence run 1S 14 x along the Cast Se2tlOn Line thereof for a distance of 4[91.33 feet to the POINT Or SCGINNINO of the parcel of lend hereinafter duoribedl thence H72.12'44•w a distance of 14.92 feett thence N[94G 433•N A dletante of 94.14 fast, thence $86045-50-V a distance of 80.89 feat, thence S7a•39.42•x e dlatance of 71.41 teed tbanee 24[•32•33•w a distance at 74.76 Ca7.atf thanea 8$4403'10•C a distance of [2.33 Coati thane, f 11.02•C a didt.nta of 71.32 Pati thence H11447 -42•L a 'diaunce of 17.$2 Leet,' thence N13e27-32•2 a distance of 14.62 je•tl thence R$4427•31•C a distance 01 [2.73 Coati thence ! f 00•SS'41•r a distance of 41.22 feat to the rolnt of Beginning. X I ALSO P. EOparcel ar elof land. lying in aforesaid [tCTION 14. TOWNSHIP 31 particularly dtierlbid,an tolloxsCounLy, Tlerlda, being more Ceaaonee at the Northeast corner of said [action 24, thence rue• of 04790.11 feltotothe the Last POINT Of iSWINHINGhOf eth•for a difLland pared of land Coati fter doeriha12 thanes distance of a .01Coa of encs Peaty thence Adista distance a '. des 6a coati oC [7,01 07643 thence 412.30`79•4 a dl Conte thence 74.0$ Leet, thane distance 2 1L a Coati thence of 77.33 fa t7 them distance a .09tacoa i 111.00 Coati thence i] ,stance a -!10.92, et 23[.11 Gat) thence Beginning. a distance e1 •110.11 teat w the reins of Beginning. AL1* That part of the SoutbaASt quarter (AC 1/41 Of the Northeast Quarter (Nr 1/4) of SACTION 11. TOwHANIP 31 SOvn,. Kamm 24 tactics, Lying'Aoutu of Tan ANO C2CCPTINO THCICrnONthe at the_ Northwest corer of u run 001013-16•x for a distance •4l -444x fee a distance of 10.00 fee a distance of 2101.13 feat; thence 1134 Page 4 of 20 NM -41 -L- 12 • -4t•-=12 2000 va.I L� u un: LQJQ rlT: vitt • for a dlstanee of 400.00 teat! thence N01e161I60t tpr , distance of 306.03, toot to the point of•teaianlne. ALSO The HOrth4ast Quarter tot 1/41 of the Southeast (Be 1/41 at SECTION 11, TOWNSHIP I1 SOUTH, RAHOC 76 CAST, Collier County. riorlds. ALSO The southeast Quarter 129 1/e) of the SeUtheaat Quarter 1/O of SECTION It, TOWNSHIP $l SOUTH, NANOC 26 CAST. Celller 'County, rlorida. ALSO The Nest ane-Nalt IN 1/21 of the Northeast Quarter (NC 2/e1 o( e the Northeast Quarter (NC 1/4) of stCtION it, TOWNSN1r , S1 • SOUTH, Mhos 2t CAST, Collier County', rlorida. ALSO 1 The South Ona -Halt I,s 1/2) of the Northeast Quarter (NE 1/1) of sminN 11. TOUNtHtP 31 SOUTH, KMOC 24 CAST. Collier County, rlorida. ALSO The South one -Nall IS 1/2) of the Northwest Quarter (mw 1/4) of SCCTIOH 11, TOWNSHIP 51 SOUTH, RMCC 26 EAST, Collier County, rlorida. ALSO 1h*•Northwest Quarter (NW 1111 of the SOwthWlet Quarter (SV ) at SECTION 14, TOWNSHIP 31 SOUTH. MNOt 26 CAST, Call ler county. florlda, ALSO G i The Northeast Quarter INE 1/4) of the 6euthwast Quaker SSW 1/() of SECTION 14, TOWNSHIP $1 SOUTH, RANaC 26 CAST, Collier County, rlorida, ALSO The Southeast Quarter (Be 1/41 Of SECTION 14, TOWNSHIP 61 SOUTH, AMC. 26 CAST, Collier County, rlorida, and the south 0114-11416 IS 1/2) of the feuthWest Quarter (aw 1/() of SECTION it. TOWNSHIP 51 SOUTH. woe 2s GST, Collier County, rierlda. ' ALSO The cast One -Ralf (C'1/2) of the southeast Quarter (ss 1/{) of the Northeast Quarter(Me 1/41 of SECTION LS, TOWNSHIP $1 SOUTH, RANOC 26 CAST, Collier County, florid■. ALSO The Nest One -Halt IN 1/1) of the southeast Quarter (Se 1/1) of the Northeast Quarter (Nf 1/4) of SECTION 15, TOWNSHIP I1 SOUTH, RANGE 26 CAST, Collier County, rlorida. ALSO The Cast One -Half IS 1/21 of the Southwest. Quarter (SW 1/4) of the Northeast Quarter (M 2/e) of SECTION 15, TowwsHxr Sl .SOUTH, RANGE 26 SANT, Collier County, rlerlda. Page 5 of 20 NO.1 :1 6_ DE w 11 2000 Pij.J �1 I y ' vll. ev.evt63. uyaw .r ALSO .The Vast ane-Malf IV 1/21 of the Southwest Quarter law 1141 of the NOithslst Quarter INC It of ICCTION i5. TOWSNIP SI SOWN. RANGE 26 CAST, Coll ter county, rlorids. FOSS ANO CXCRTINO THCOtTCON All that part of SCCT20N8 14 and 13, TOWNSHIP S1 SOOTN. SANOC li CAST. Collier teunt7. rlorlds, being iters particularly described to fellow&$ eoueneing at the Northwest Corner of maid accrfoN 14, thence along the West Line of raid SIMON 14, 40011,41-W 1394.76 tett • to the North Line of the South 1/2 of the Northwest 1/4 of said SXCTLON Sof thenen Continue along Said Vast Line, 80019141-V $13.03 test to the. P01111 at 19aINNINO at the Parcel herein dasertbad3 thence leavlag said Vest Line. 9"140-9 111.30 Get; thence 973436148.9 242.96 Coati thence S59434414.9 204.02 , 16.52 feet Along the are Of a circular curve concave to th. Northwest, having a radius 09 270.06 feat, through tCentral angle of 7411'36' and being subtended by a chord Alin bears 620438'334V 34.56 Coatithanga 524628-21•V 67.41 leatl thence W67041 -09•W $2.42 Coal thane 959022159•W 116.36 teats thence 911.51-36-V 240.26 toot) thence 619-24153-C 331.777 thence 626.36'51•C 221.17 feats thence 611e46133•C MAC .Sol thence 514649-51-W 311.45 fagot thenea 619429'274V 316 Jl [asp thence SIS -200124C 166.10 Casty thence $62431'5O4C it6.11 foaty thence X40 -14-50-C 126.41 tasty thence 523430'534C 63.63 (esti chance 011432132.9 117.46 feet) thence Southeasterly 100.22 fest along the arc at a Circular curve concave to the Nerthaart, having a 'qdlua of 330.00 feet, through a central angle of 24057 -Si -and bb ing subtandad by a chard"whleh bean st6.0163146 19.43 faas 4 E ane 8 4 60 4 1104-V 226.96 feet; thence 815.326•29•V 142.88 last; thenee H504111544V 741.96 fatty thane• M144144334w 54.91 tasty thane 941440914•V 217.63 (evil thane NO01/'46"9 125.00 Casty thence 999440414.9 350.60 Casty thence along a Sine which Iles 230.00 fast Easterly. Of sed parallel with the West Line of said SCCTIOH 141 110019146.8 1141.56 feet) thence Northerly, Northwesterly and weataTly • 437.01 feet Alanqq the ate of a circular curve concave to the Southwest. bavtbe a radius .eft• subtended by a engird Which burs M44413423•W 394.04 tot; thence N69•06'35•W $39.43 fact! thence NSIO36:22•V 44.31 teat; theses 930201SS•W 200.00 fasts thence MSS63934411, 15.63 tut; thanes 140646148-C 411.11 tasty thenee 691013451.0 10.00 React thence 10446'04.11 175.06 fatty thence 541.13'11.0 7$2.15 fast to the POINT Or OCOIRNINO of the parcel harel4 deseribodl be lrl:rins are based On r1orida'stste Plena Coordinate system, tem,rise Cut Ionil ALSO Less AND CICIPT All that part of AccuoN 'I, T,a",, SI 'OUT", RAMS 26 CAST, Oolliar County, rlerida, being Sera particularly daaeribed as fallOW23 Commencing at the Northwest comer of said SIMON %at thence along. the West Lina of said Section 14, 80016-41OW 1398.76 fast. to the North Line of the south 1/2 of the Northwest 1/4 Of said SECTION 141 thence continue along said Wast Line, 011414441.11 $25.02 feat; thence leaving said West Line 54005144009 ISSA0 Casty thence $73.34'46.1 142.56 Coati theneY'sssn4'16•C 204.02 testy thence 951071443-C 245.00 fast; thence $52.51'54.1 243.48 feet to the POINT Or OCOINNINO of the parcel herein deserlbeds DEC 12 2000 PG._1_\ 5 Page 6 or 20 I VA, 6YJ0 iii: Y213 ALSO Lrls AND trcirr i All that part of SCCTION 14} TOWNSHIP 51 SOUTH, AANOt 26 LAOS, 1 Collier County, rlarida, being cora particularly described - as 2ollowss f Cou,enein0 at the Northwest corner of said ascrrON 14, thence • along the Welt Line of said SECTION 14, 80e1a4 1eW 1304.76 fact . to the North Line of the South 1/2 of the Northwest 2/4 of said SCCTION 141 thence along said North Line, S11420'10e9 132t.4S t4 Its thence loving Said 1100, S1e3r'SO•W 250.00 feat to %he POINT Or sCOINN2NO of the parcel herein describedi thence 842.20016.9 and parallel with said North Line 1520.33 feats thence 993V5129•C 215.33 faatf thane. southwesterly 721.11 feat along the are of a non-tangential circular curve eonesve to the Northwest, having a radius of 050,00 fact through a central angle of 43a52'24e and being subtended bra chord which hreugh a central angle of 32.11' a chord which bears. N16e45141-Y 4-C 133.14 Lost to the llo2N'T or at, deserlbtd/ bearings aEf based On ALIO Less. AND iXCerT hh DEC 1! �?2000 Page 7 of 20 P& ---LLL C VM AV.1w tut V$AV All that Part Of SECTION 11. TOVNSNtP 51 SOM, AANOC 26 CAST, Collier County, rlorads, being care Particularly deearlbe4 as tol lavas eosseseing at the Northwest corner of said SCCTIOM 141 thence along the Vast- Line of said SttT1oN it 80ets,41ov 1318,79 feet to the North Lint of the South 212 of the Northwest 114 at ..0 tno parcel heraln deserlOadi theeca Continue along said lige south 4703341909 145.12. La*tt thanes leaving said line southeasterly ISS.7s Last along the are of a -tangential • 'circular curve concave to the Northeast, having a radius of 6 960.00 fast, through a central ah03a at 190210020 and being Z subtended by a chord which bears, 91204600oot 1e4.97 (tett CI C thence 98145403109 463.37 feat$ thence 906230SSeE 23ot.oe Laetl than** 657042001094 47.4g feet$ theses S644030370Y 321,29 tast$ thence 910401040011 461-11 East$ chane* 139.404490V 424.93 feet$ thongs 11100130170V 600.2.3 feat$ thence leaving said line - Northwesterly 616.40 feet along the are of a tanVantsol circular curve concave to the southwest, having a radius of 4050.00 fest through a central anpl■ Of 044440354 and subtended by a chord which bears M540350490V 617.60 bottl thence leaving slid curve N5a03s0120V 692.53 coati thong• Northwesterly, Northerly and, Northeasterly 76.34 feet eian9 the are of a t•n9ontlot circular curve concave to the Northeast, having a radius of 50.00 Leet, through a central angle of 904000000 and being subtended by a chord which bears North 1103s0120V 70.71 ,*I ti thence leavtng Bald curve N314014as•9 93.11 Get( thence Northeasterly 471.42 feet along the arc of a tangential circular curve concave to the southeast, having a radius of S-1950.00 feat, through a central angle of 14405'12` and' being {{ubtended by a chord which bears 113600402106 471.22 feet$' a •thenee 1145.07'0009 477.65 coat$ thence Northeasterly 7$7.92 i ifcit along the are of a tangential alreular curve concave to ,the southeast, having a radius of 1200.00 cost through a •central angle of 360110164 and being subtended by a chord which bears X63412431 -C 743,31 Cost; thence leaving sold curve NS1e2s-list 336.35 feel thence Northeasterly 715.65 Lefe •Jeno the are of a,••tangsntial circular curve eoneav4 to the Northumt, having a radius of 1050.00 (east tbr*ugb a central angle of 16008004• and being subtended by a chord which Were 1,73414-14.9 294.70 foot to a point of reverse eurvaturel thence Easterly and southeasterly 36.41 feat along the arc of a tangantlal circular curve 4eneave to the south, having a radius of 23.00 fast through ••central angle of 830264090 and balsa t A S thence OSS -12950-C 192.24 fast( thsncA 47701100346 212.04 thaoce 0650110190C 172.79'feet$ thence 026046140-C 231.79 .thenee N33052419•C 272.35 Costs thence 037002'50.9 278.40 thence N344464120C.341.2t feet( thenee N32032100-9 245.91 thence N40055623-9 50.33.featl thence 11330444214V 13.74 thence N696330324V 134.92 teat( thence Northerly Northwesterly 112.17 teat elect the are of a non-tanC. circular curve concave to the Southwest, having a radii 230.00 -feat, through a central angle of 29411'33• and ■ubtendad by a chord which hear. P17005 -53-V 132.03 thea.• P131-11-42494 31.44 (eat to • point of turvaturel th0 AGEtQA ITLM DEC 12 2000 Pg --L u Page s of 20� - --� - --- UK: 6030 Mi: UU1 ■early. Northerly and Northeasterly 39.4m toot &long the & tasgqeabal circular curve concave to the cut, haven • et 7!.00 fact, through a central angle of t0*29#11. ng subtended by a chord which bears 1114001,1109 11.81 a pointHof reverse surveturel these* Northeasterly reit eng the are of a tangential Cerealar curve to the Northwest having a radius of 1070.00 feat a central angle at 17.00.110 and being subt4adod by e 'leh blare X47047111.9 414.97 test to the POINT or t0 et the parcel herein deterlbedl bearings are based on State Plate Coordinate fystos, rlorida bat Zonal ALSO LISS AND IXCiPT ' That certain parte% of land ly}ng in and beano a 'part at section 22. TdwashIP St south, Mange Wrest, Collier County, rlerida, being aero particularly described as follawas 6bnnenee at the Northlaai earner of said section ail thane* run Man 1:AM. along the North line of calif section, a distance of 467.41 feat to the POINT or btalmma of theyyarcal of land hereinafter deserlbedt thence Continue N6105V71"N, along the. North line of said section, a dlatane* of 1,214.%P feet# thenci' leaving said section line, run 001.01,09•w a distance of S7l.SS feett thence run S32000121'4 • distance of 154.52 fact# thence run 1151.59119"t a distance of 77.46 Leet to the point Of curvature of • circular curve to the right having a radius of 2,050.00 tart* thence runNortheasterly along the are of laid cure feet to the central angle et 21.52 11•, a distance of Point or tangeneyl thence run N7 H " SOK a istance of 490.03 fact# thence run 1115.04410•, • distance of 35.71 feet to the point of saginning.(CC3e11 , ALSO LESS AND Z9CZPT. 71fat certain parcel of land lying in and being a part of sections 23 and 24, Township 11 south, Mange 26 east, Colllep county, rloridi, being here particularly described as fellows, Cosaenee at the Northeast corner of said tactics 211 thence run NBY38453"W, along the North -line of said section 23, a distance of 211.01 flail thence leaving said section line. run 61904641"N a d1sL+sge of 711.es feed thence ave s50013 -11•c a distance of t, 113. t1 feet% thence run 339.46-43•V a distance of 1,050.00 feet% thence run s30e11017"9 a distance of 30.00 teat to the POINT OT acCIRNINO of the parcel of land hereinafter deseribeds thence continue s30.1'3.170c a distene* of 719,75 leets thence run 035646143-9 a distance of 706.62 feett thence run NSO.1Y 17"N • di seance et 737.75 teen thenen tun 873.461 W a din tinet -of 706.62 Get to the Point of segSnnlna. CCCSD23 t' ALSO L91s AND tZc%PT Page 9 of 20 mm -i7 -I- DEC DEC ' 2 2000 • V614 6VJV 1174 VICL That certain parcel of land lying IS and being a part of seee9en 22. Tevnshlp Sl South. Range 29• east. Collier County. rlends, be109 more particularly Wasarlbed ai tel sewn ALSO 1,9611 AND IMPT Z That certain parcel of land, lying in sections 24 and 23. ?ppwnshiP 31 South. Range 26 Cast, Colder County, riori4e. ring noes particularly described as follows$ iCoseence at the Northeast boundary corner of said section at. Ihanee along the Cast boundary of said Section 24 s00036'la•v 4lstanee of 4,476,11 tent to a point on said boundary# thsned,,, leaving said Cast boundary 14/8021'10•V a distance of 201.60 teat) thence 146344.3m a -distance of 161.27 testa thence 1120•71-420V a distanceof 67.59 feet$ thenen 3101145414S.11 a distance of 53.19 teat thence N73442,39"C a distance of 136.40 Costs thenen 1460416,2199 a distance df 106.49 testa thence NOStl6'174C a distance of 34.66 (sett thence U42029'21"V a distant& of 116.91 feats thence 1410407411•V a dispance of 107.10 fasts thence 1110456'204 a distance of 101.27 lasts thenen 112142244309 a distance of 103.06 Coats thenen HIS -46039-C a distance of 73.10 festa thence 1437014'09•9 a distance of 30.11 feats thence 1#10a29'394V A distance of 79.14 feati'thanea 1444052,324V a distance e( $4.42 feats thence 1403034152'V a distance 4f 64.07 teat$ thence N92433'24•V a distance of 120.72 feats thence 14010334305 a distance of 116.69 fast, thence 114042141"11 a distance of 52.91 feet to the a distance of 93.93 teat)tnanee •00(05 49.5 a 73.02 Leets thenen Mola, 39-C a distance of thence 617432.07"C a distance of 160.04 tn&aCe 11ea•09.12'e a glaranCa CC 149.72 94451 33-02•V 4 distance of %is.$$ ,tent) thence a distance of 162.40 feet? thence /22027 4e•V a 51.33 testa thence 220033014-C a distance of 140.47 934a23,360V a distance of 106.60 feet$ thence a distance of 132.30 feats thence 131009156"t a 62.34 feats thence 116904/02405 a distance of 95.29 Pate 10 of 20 945402-17-C a saat4n4a of 7a.f5 ce .. distance of 911 td*tl thence ag2.11 teat, these* site2SV2•C a distant, 812.49051-8 a 419tanetof '22.0 to dlstanee of 14.St tests thenec 812.06 ttst$ thence se0e04'17•C a distance x76424 -54•t a distance of 171.94 Cu distance of 21.91 cast$ thane 821.40' Coati thane 826421056ew a distant/ 827.30000-w a dtsune. Of 44.23 844 distance of 41.21 Cat$ thence x41 2168.48 fast) these* N00•LS026-C a d tuanw sitt44'22-C a distance Of • 104.04019.9 a distance of 149.12 tea distance of 444.14 cacti thenen Nil 417.24 feet# than 81t*4402209 a d these* $440130210w a distance of 141. -'--' 11v1 4V. v4aw '**.so tests thence C • thfaef x60425-44•9 a 7e,dteanee *. — et 8%.42 .-_- th "S --coot # thence thonce $40644052.9 a a distant, Of 9f.a9 46.01 Ceett th.1 9 efneo $29.52-54•w a 14•w a distance of let 1 00 of 295-00 feet$ chane• x71003-5ihsnti � distance of �:CoCa ethein .Potfe4C at to a c t C Leas and except therefrom property conveyed to Hoard of County ComaVissioners of Collier County, Florida, as recorded in official Records Book 1755, Page 361, as mora particularly described as followst ' 111IOLat pant of the Northeast 1/4 of Section 19, Township 51 south, Range 35 -East, CollLar county, Florida and being mora particularly•dosoribed as follows? Commencing at the Southwesterly most cornett of Championship Drive, Marco Shores Unit 3o Golf Course, Plat Book 17, Pages 98 through 103, Collier County? Florida? +_ thence along the Southerly lineof said Championship Drive south 89 degraea -13-510 East 35.40 last to the Point of Beginning of the parcel herein desaribedl thence continue along said line South 02•degrees- -137-520 East 109.79 lootl thence leaving said line South 00 &groan -18* -43• Hest 153.94 feet) thence, North 86 degrees -07'-06 Hest 110.00 feat? . thence North 00 da oaa-18-430 East 147,.96 feat to the Point of Beginning. 0 Page 11 of 20 ACk WA I7Jd Na - —4 i C DEC t 2 2000 Pg- f .53 OR; 2656 PG; 0124 SCHOOL SITE No. 1 Legal Description That certain parcel of land lying in and being a part of Section 22Township 51 South, Banga 26 East, Collier County, Florida, being mora particularly described as follows: Commence at the Northeast* corner of said Section 221 thence run N 68.58t6l" N, along the North line of said section, a distance of 462.41 fast to the POINT OF BEGINNING of the parcel of land hereinafter describedt thence continue N 88,58151" N, along the North Sine of said Section, a distance of 1,214.19 feett thence leaving said Section line, run 8 01601'09" N a distance of 977.59 feett thence run S 38.00.2111 B a distance of 154.52 fasts thence run N 51.59.39" $ a distance of 97.46 feet to the point of curvature of a circular curve to the right having a radius of 2,050.00 feett than*% run Northeasterly along the aro of said curve, through a central angle of 22.5201111, a distance of 818.26 feat to the point of tangency; thence run N 74.510500 2 a distance of 490.03 feats thence run N 15.0811011 W a distance of $38.74 feat to the Point 6f Beginning. containing 21:60 acres, more or leas. P DEC 12 2000 P`• -L$ Page 12 of 20 OR: 2656 PG: 0725 NuLTs-FmULx SITE Legal Description That certain parcel of land lying in and being a part of Section 22, Township 51 8 uth, Range 26 East, collier County, Florida, being more particularly described as follows: Conmenca at the Northeast corner of said Section 22; thence run N 88.56151" W,,along the North line of said Section 22, a distance of 1,676.60 fast; thence leaving aaid•8ection line, run S ol•01ro9n W a distance of 157.84 fast to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue s 01.01.098 W a distance of 813.75 feet; thence S 38.001218 E•a distance of 154.52 feat; thence B 51'59139" W a distance of 286.11 fast to the point of culvature of a circular curve to the right having a radius of 950.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 19.07+328 for a distance of 317.11 feet to the and of said curve; thence run N 18.52149" W, radial to the last described curve, for a distance of 102.10 feet; thence N 30.34119" W a distance of 149.24 feet; thence N 09.20100" W a distance of 100-55 feet; thence N 10.43055" E a distance of 146.72 feet; th'eAce IN '04.231258 E a distance of 177.72 feet; thence N 03.3015411 B a distance of 126.7p fest; thelica N 03.48.2411 W a distance df 117.09 feet; .thence run N 15.00145" W a distance of. 135.05 feat; thence N 17.2214011 W a distance of 97.99 feet; thence N 54.39"40" E a distance, 'of 57.32 feet; thence N 80'14113^ E a distance of 114.61•feet; thence N 72.37140" E a distance of 130.56 feat; thence N 82.37+0111 E a distance of 151.24 fast; thence N 7714411211 E a distance of 141.11 feet to the Point of Beginning. Containing 13.20 acres, more or less. V Page 13 of 20 DEC 12 2000 P,. 16157' OR; 2656 PG; 0126 That portion of the South 1/1 of the South 1/2 of the Southwest 1/4 lying Zest of State Road 951, Section 18, Townsbip 51 SouthRange I 26 Hast, less right-of-way for State Road 961 described n that certain dead recorded in Official Records• Hook 1166; pages 1070-1071, of the Public Records of collier county, Florida. Page 14 of 20 f4 A0v;lA ITZm N0 1- c DEC ' 2 2000 Ps.� OR; 2656 PG; 0727 A parcel of Ind loafed in a portion of Section 13, Township 51 South, Mange 26 Bast, Collier County, Florida, being more particularly described as follows: Ruftilt a1 the Southwest comer of the Soathwest one-quarter of Section 13, Township 51 South, Range 26 F.est, Collier County, Florida; thence nm N.00.25148"W., along the Went line of the Southwestone-quuterofgaidSection 13, fora'dlshnce of 1,424.99 fact; thweermN.8905852"8., for a distance of2,599.20 fact: thence run S.00.00'38"W., for a distance of 652.56 fed; thence rum 5.89'1728"B., for a distance of 1,605.24 feet; thencemm S.88'52'17"B,, for a distance of 1,185.93 feet; thence ran 5.00'23'21"W., for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13; thence run N.88'S9'33"W., along the South line of the Southeast one-quarter of for a distance of 2,661.04 feet to the Southeast comer of the Southwest one• quarter of said Section 13; thence run N.88.58'40"W., along the South line of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet, to the point of Be¢inninr.,containing 139.183 acres, more or less. 0 Page 15 of 20 Fb. DEC 12 2000 Pg. (�— "t OR: 2656 PG: 0728 *** f . . ;Ml,: 141 P1U A panned of lend located in a pardon of Schon 13, lbwm* Sl S*dby R&OP 26 Sant, Cotltex County, Florida, WM maoapetdealady dea ribed as foilowat R BMW at me SoudrWeatoemer of to SomLwastpmaqua'Ea' ofSOW= 13, Tewadlip 51 Soulk Range 26 Fast, Collier Coungi, iloxdda; them ran N.W025480W., along the West Una of the SovlhwestonegmrterotaaidSeedonl],lbzadfAameof1,42{,99 feeSLteaesrmsN.89'5652"E.. fbradistaneoof2,59930 fact d=waun&0VM8"W., for a distance af6S23d tbet dwocc sane S.89.172Mflar a distmce of 1,60,5.24 feet thencetun S98"S2117"S, far a distIm of 1,18593 feet; thence run S.00'2321eW, for a distance of 826.75 feet to *paid on the SOU& Has, of the Southeast ooeq%mter of said Soodon 13; Games nmN.88.5933"W, along Gan SouOa tine of the Southeast onequtemoffmadMincoof2,661.04fctto&o$ou0waatwrmofthegouthwat one- quarter of said Section 13; thence m14.88.58'40"W, along (he SWUM of the SoWrwat ono- quarter of said Section 13; for it dlrtagec of 2.71339 feet. to the Pnhu of BUbMinas containing 139.183 tae*, tore or less. r AtaGN;iA 116M N&--L711L__ DEC112 2000 Page 16 of 20 Ps•11 ✓ . P . (DY Associates) OR: 2656 PG: 0706 The West % of Section 13, Township 51 South, Range 26 East, Collier County, Florida. All that part of the East % of Section 13, Township 51 South, Range 26 East, Collier County, Florida, lying southwesterly ofthe right-of-way line ofUS 41. The West V, of Section 19, Township 51 South, Range 27 East, Collier County, Florida. W -M All that part of Section 18, Township 51 South, Mange 27 East, Collier County, Florida, lying southwesterly of the right-of-way of US 41; LESS the following described parcel; Commencing at the southeastcornerofSection 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the southerly line of said Section 18, North 89°34'04" West 1939.73 feet; thence leaving said southerly line of said Section 18, North 00 °31'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right-of-way line, South 54°20'43" East 2371.72 feet to the east line of said Section 18; thence along the said east line, South 00°31'32" West 1271.82 feet to the southeast corner of said Section 18 and the Point of Beginning. Subject to easements, restrictions, and reservations of record. Bearings are based on the southerly line of said Section 18 as being North 89°34104" West. Parcel contains 294.00 acres more or less. LESS AND EXCEPT that property described on Exhibit "B" wa 7 C — Page 17 of 20 ! DEC 12 2000 xtrx OR: 2656 PG: 0707 x LECYALDBSCRnMM A parcel of land located in a portion of Section 13, Township 51 South, Range 26 Bast, Collier County, Florida, being more particularly described as follows: Bsg1II at the Southwest comer of the Southwest one-quarter of Section 13, Township 51 South, Range 26 Past, Collier County, Florida; thence tun N.00°25'48" W, along the West line of the Southwest ori"uarter ofWd Section 13, for a distance of 1,424;99 foot; thence run N.89'5652"E., fora distance of 2,599.20 fcct; thence run S.00'00%"W., for a distance of 652.56 feet; thence run S.89.17'28"E., for a distance of 1,605.24 feet; thence run S.88'S21170B., fora distance of 1,185.93 feet; thence run S.00'23'21 "W., for a distance of 826.75 feet to a point on the South line of the Southeast onequarter of said Section 13; thence run N 88 °59'33"W., along the South line of the Southcastone.quarterofforadistanceof2,661.04feettotheSoutheastcornerofthbSouthwestone- quarter of said Section 13; thence run N.98 058140"W., along the South line oftho Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet; to the Point of ftinnina containing 139.183 acres, more or less. No.—LI—a— Page 18 of 20 1 DEC 12 2000 The SE'/. ofthe NE'/. ofthe NE'/, Section 14, Township 51 South, Range 26 East, Public Records of Collier County, Florida. Subject to easement for road purposes over the south fifty (50) fact and the east Fifty (50) feet thereof. Page 19 of 20 AVUWh��� DEC 12 2000 Pi.,-r:F__ r LEGAL DESCRIPTION: THE WEST ONE-HALF'OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH,.' RANGE 26 EAST, SITUATED AND LYING IN COLLIER COUNTY, FLORIDA. 'ANO THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF OF SECTION 14, TOWNSHIP 51 SOUTH, 'RANGE 26 EAST, SITUATED 'AND LYING IN COLLIER COUNTY, fLORIDA. " AND THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER: THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, LESS THE WESTERLY 100 FEET THEREOF, THE SOUTHERLY 124_.29 FEET OF THE NORTHWEST ONE-OUARTER OF THE SOUTHEAST ONE-QUARTER; THE SOUTHERLY 12,4.29 ' FEET OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, LESS THE WESTERLY 100 FEET THEREOF; ALL IN SECTION 11, TOWNSHIP. 51 SOUTH, RANGE 26 EAST, .SITUATED AND LYING IN COLLIER COUNTY, FLORIDA. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH UNE OF THE 'SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE' 26 EAST, COUJER, COUNTY, FLOMIOA, AS BEING S.88020'44"E. ENVIRONMENTAL CONCERNS, 'WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY. HAVE NOT BEEN LOCATED ON THIS SURVEY. LEGAL OESCRIPTIQN WAS PROVIDED BY CLIENT. PROPERTY AREA: 157.074 ACRES, MORE OR LESS. THIS PROPERTY WAS VACANT ON 6/21/99. THIS SURVEY IS NOT, VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL -OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED' TO: GULF SAY 100, LTD WOODWARD, PIRES, & LOMBARDO, P.A. CHICAGO TITLE INSURANCE COMPANY 1 'HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY OIRECTION ON 6/21/99.1 FURTHER CERTIFY THAT THIS SURVEY -MEETS THE MINIMUM TECHNICAL STANOARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER. 61G17-6. F.A.C. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY�j et. t. $ / ( P.S.M. #5628 THOMAS M. M RP Y STATE OF FLORIDA Page 20 of 20 AGOlS A DEC 12 2000 V4.1 6a2- ® Fshibit "FC -F" 1! tOO' IdQR--0I ' - - - Tvr t—mw r + ®+•Sob I E ®trn1 °na+-our sao . +' A ��t (MC i e.1 s -- _..... D i 1110 fRAOE OR�vuriaT° arm OUT=i - O t 1/Y AS WU TM S -s p mmm 70 O UMWL WMDMHT ADEM p 6- w+rsOCK eAg ,Loo' Row atA.wc REse>mlcc Hu+1aEx. © tY srAeima slernug seA+e r . imloez 1' 3YEAr. DO 5 wX a f! 7RK A41U-T $=ALX O 6' wm ;to TAL MM&T OCIPA7N r u►Rxaoc BASE . Page 1 of 4 C . frG r w.w r.ry w..r.• 1 11;r ASPHALT TYPE S—IA OR VALLEY GUTTER 6' LIMEROCK BASE 13' STABRM SUBGRADE 8' WOE x Y 7HK. ASPHALT MKEPA7H r LIMEROCK BASE 60' R.O.W. (D-2) SCALE: V w"ORZ I' SVERT. Page 2 of 4 iR CRADE t E) S11NG GRADE v V 0 1/2~ -ASPHALT TYPE S -m BO. 6- UMMOCX BASE 12' STA MO SUBGRADE OD 6- WIDE x 10 THK. ASPHALT BWATH \ r UM ROCK BASE 106 R.O.N/. (D=4 ONLY) . Be RIGHT -OF- WA7 n_25 . 12, 12! TYPE V CURB AND.GU7TER OR VAMEY GUTIER IOD' R.O.W (D-•4) 50' R.O.W. ORL & D-4 - SCALE: 1*.. 10 RL i' !MT. Page 3 0f 4 1 s CON�M 1. TDi' ABOOM BOW IEE CON' ROL — E70.iL ElEV. VARIES - FROM 4.0 70 7.5 4 LAKE AREA TO BE D=VATED N.T.S. Page 4 of 4 _I1 !11 VERMRCAL SIDE SLOPES ARE PERMMEI) 2 IN ACCORDANCE WITH TME SEmEWQ+T AGREEMENT DRAWINGS FOR OUANM7Y WILL E USED. S PE A I.3:1 SIDE- SLOPE IDE- Co Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner, Zoning Services Section From: Sue Faulkner, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: March 20, 2018 Subject., Future Land Use Element (FLUE) Consistency Review APPLICATION NUMBER: PUDA-20160002496 (REV: 3) APPLICATION NAME: Fiddler's Creek - Marco Shores (PUDA) REQUEST: This application requests an amendment to the Marco Shores/Fiddler's Creek Planned Unit Development (PUD), approved via Ordinance #84-42 and as most recently amended via Ordinance #00-84, to: • Replace Exhibit `FC -Al' with updated PUD Master Plan. • Add two new project access points on US 41 to the Master Plan. • Add two additional sites of Business/Commercial on the Master Plan. • Add back Sections 1.4, 1,5, and 1.6, which had been left out of the last three amendments (Ord. #98-13, Ord. #98-38, and Ord. # 00-84) • Amend Section 1.4 to modify total acres in the entire Marco Shores PUD from 2,133 to 4,439.31 -acres (to reflect previous acreage additions). • Amend Section 2.3D., Land Use Summary table, to create two tables - one table for the Fiddler's Creek (Unit 30) portion of the PUD and one for all other areas of the PUD — and to reflect updates to the acreages and the land use categories. • Amend Section 3.4 (9) to remove specific parcel locations for Group Care Family Care to be limited to locations shown on Exhibit "FC -Al". • Amend Section 6.2A. to add two additional land uses in the Unit 30 Business areas: "(5) Dwelling units, multi -family" and "(17) Self -storage (indoor, air conditioned)." • Amend Section 6.8 to increase the total acreage for Business/Commercial land use from 33.6 -acres to 55 - acres. The maximum floor area for business/commercial uses remains at 325,000 square feet. • Amend Section 11.4 to amend text from `will' to `shall' in reference to golf courses, which have not been developed. LOCATION: The ±3,932 -acre Unit 30 portion of the Marco Shores/Fiddler's Creek PUD (subject property) is located approximately 2.8 miles south of Tamiami Trail East (US 41) and on the east side of Collier Blvd. (SR 951), at the intersection of Fiddler's Creek Parkway and Collier Blvd., extending east approximately 2.9 miles to the intersection of Tamiami Trail East (US 41) and Sandpiper Drive, in Section 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29, and 33, Township 51 South, Range 27 East; and Sections 13, 14, 15, 21, 22, 23, 24, 27, and 28, Township 51 South, Range 26 East. 2800 North Horseshoe Drive - Naples, FL 34104, 239-252-2400 Page - 1 - of 4 Attachment B COMPREHENSIVE PLANNING COMMENTS: The subject property is limited to the Unit 30 portion of the Marco Shores/Fiddler's Creek PUD, otherwise known as Fiddler's Creek. This property is partially designated Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict (approximately 40%), partially Urban Residential Fringe Subdistrict (approximately 25%) and partially Rural Fringe Mixed Use Neutral Land (approximately 35%), and is completely within the Coastal High Hazard Area (CUM) as depicted on the Future Land Use Map of the Growth Management Plan. According to the Future Land Use Element (FLUE), the Urban Mixed -Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. The purpose of the Urban Coastal Fringe Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). This Subdistrict allows a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to accommodate Affordable Housing, Transfers of Development Rights, certain FLUE Policies under Objective 5, and as provided in the Bayshore Gateway Redevelopment Overlay. Because the project lies within the CHHA, it is subjectto a density reduction of 1 DU/A, yielding an eligible density of 3 DU/A. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. This Subdistrict allows a maximum of 1.5 dwelling units per acre. The Rural Fringe Mixed Use District (RFMUD) provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. Neutral Lands have been identified for limited semi -rural residential development. The Neutral Lands allow a maximum of 1 dwelling unit per 5 acres. The total number of acres in Unit 30 (Fiddler's Creek) are 3,922. This petition is proposing a total of 55 -acres of commercial/office land uses. Commercial/office land use acres are not included in the total acres for density calculations; therefore, the total number of acres for density calculations is 3,877 acres (3,932 — 55 = 3,877 acres). The table below uses 3,877 acres in the density calculations. The table below shows the estimated percentages of the total acres for each designation within Unit 30 (Fiddler's Creek). It also shows the eligible number of dwelling units (DUs) rounded to the nearest whole unit by designation. If the developer were to seek zoning approval for the maximum number of DUs allowed in each designation, the total number of units could be 6,377 DUs, which is more than the previously approved and currently proposed 6,000 DUs. 2800 North Horseshoe Drive • Naples, FL 34104, 239-252-2400 Page 2 of 4 Density Unit 30 (Fiddler's Creek) # of Eligible Dwelling FLUE Designation Allowance Estimated % of Total Units (rounded to Acres by Designation nearest whole unit 40% of 3877= ] 550.8 = 1550.8 * 3 — 4,652 Urban Coastal Fringe Subdistrict 3 DU/A DUs acres Urban Residential Fringe 1.5 DU/A 25% of 3877 = 969.25 = 969.25 * 1.5 = 1,454 Subdistrict acres DUs Rural Fringe MU District - Neutral 1 DU/ 5- 35% of 3877 =1356.95 Lands acres acres =1357/5 = 271 DUs Total Eligible DUs for All= 6,377 DUs which is an DesignationsT7777 avera a of 1.64 DU/A 2800 North Horseshoe Drive • Naples, FL 34104, 239-252-2400 Page 2 of 4 Currently Unit 30 (Fiddler's Creek) of the Marco Shores/Fiddler's Creek PUD has an approved density of 1.53 dwelling units per acre via Ordinance #00-84 — which includes 33.6 -acres of commercial/office land uses. The PUD includes both residential and commercial/office land uses; however, density calculations should not include the acres that are commercial/office land uses. The petition is proposing a total of 55 -acres of commercial/office land uses. The table below shows the density with and without the exclusion of the commercial/office land use acres for Unit 30 (Fiddler's Creek). Since the table above showed that this PUD is eligible for a maximum of 7,928 dwelling units (approximately 2 DU/A) and the proposed density is 6,000 dwelling units (approximately 1.55 DU/A), the proposed density is consistent with the FLUE. Total Acres Total Acres With Without 55 -acres Maximum # of Density Calculation Commercial/Office of Proposed Residential Units Commercial/Office (3,932 6,000 = 6000/3932 = 1.53 (3,877 6,000 = 6000/3877 = 1.55 The petition is proposing two additional uses within the Business tracts (Section VI) but specific to Unit 30: indoor self -storage and multi -family DUs. While the allowance of MFDUs is new to Business tracts it is not a new use in the PUD and the PUD density is not increased — it is simply an allowance to reallocate an unspecified number of MFDUs from Residential tracts to Business tracts. As to indoor self -storage, it is a new use to be listed in the Business tracts specifically (Section 6.2D.) and the PUD generally. However, staff notes that the Business tracts uses are (mostly if not entirely) those of the C-4, General Commercial, zoning district as it existed when the PUD was originally approved in 1984; the C-4 district was subsequently amended to allow indoor self -storage as a conditional use; the Business tracts include a use "any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district;" and, in other instances, such a determination has been made for indoor self -storage use in a PUD approved for uses of lesser intensity than C-4 uses. Therefore, staff concludes that the addition of indoor self -storage use is not necessarily a new use in the PUD. The petition is proposing an increase from 33.6 -acres to 55 -acres of commercial/office land uses. The application states that although this petition proposes to increase the number of commercial/office acres, the petition is proposing that the total number of square feet will remain unchanged at 325,000 square feet. The proposed Master Plan shows three of the commercial/office land uses areas will lie within Urban Coastal Fringe Subdistrict, which is part of the Urban Mixed Use District and allows for both residential and non-residential uses; the existing site on US 41 remains, but is reconfigured, and the existing site on Collier Blvd. is both reduced in size and a portion is split off and shifted to the south. The fourth commercial/office land use area shown on the proposed Master Plan shows a small portion lies within the Urban Residential Fringe Subdistrict and the majority lies with the Rural Fringe Mixed Use District — Neutral Lands; this is a new commercial tract. The Urban Residential Fringe Subdistrict is also a part of the Urban Mixed Use District which allows for both residential and non- residential uses. The new commercial/office lands are not consistent with these future land use designations. However, a vested rights determination approved on April 28, 2006 allows for the reallocation of uses in the PUD/DRI without being subject to a consistency review. Select FL UE Policies are given below, followed with [bracketed staff analysis]. FLUE Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). " [It is the responsibility of the Zoning Services staff, as part of their review of the petition in its entirety, to perform the compatibility analysis.] FLUE Policy 7.1 states: "The County shall encourage developers andproperty owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating 2800 North Horseshoe Drive • Naples, FL 34104, 239-252-2400 Page 3 of 4 intersection spacing requirements of the Land Development Code. [Fiddler's Creek Master Plan (Exhibit FC - Al) - indicate two (2) accesses connecting the subject property with Collier Blvd. (SR 951) to the west, classified as a minor arterial roadway. The Master Plan also indicates two (2) accesses connecting the subject property with Tamiami Trail East (US 41), an "other" principal arterial roadway. FLUE Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals, [Fiddler's Creek Master Plan (Exhibit FC -Al) shows interconnected roadways to allow for traffic circulation within the development.] FLUE Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Fiddler's Creek's road network is significantly developed and staff believes establishing new interconnections with adjoining neighborhoods would not be feasible. There are conservation lands to the south preventing any interconnection. Tamiami Trail East (US 41) adjoins a large portion of the northern border. Undeveloped land lies to the east; designated RFMUD Neutral Lands and lying along Auto Ranch Road, and interconnections are not feasible at this time. There are two undeveloped lands and a mobile home community that lie north of Fiddlers Creek and are connected to Port An Prince Dc (most of which are separated by an intervening canal); interconnections are not feasible at this time.] FLUE Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housingprices and types. [The proposed Fiddler's Creek Master Plan indicates open space, as well as community recreational amenities. This development is significantly developed with sidewalks throughout much of the roadways creating a walkable community. There is a blend of densities and types of housing. There is a community center which serves as a civic facility.] Based upon the above analysis, including acknowledgement of the vested rights determination approved on April 28, 2006, the proposed Planned Unit Development Amendment may be deemed consistent with the Future Land Use Element (FLUE). PETITION ON CITYVIEW cc: Mike Bosi, ACCP, Director, Zoning Division Ray Bellows, Manager, Zoning Services Section PUDA-PL2016-2496 Fiddlers Creek PUD R3 GAMES Planning ServiceslConsistency RevlewsVO 81PUDA sf-dwl3-20-18 2800 North Horseshoe Drive - Naples, FL 34104, 239-252-2400 Page 4 of 4 Attachment C Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Wayne Arnold: Project, I work for Grady Minor, and Mark Minor, who's standing there counting heads is a civil engineer for Grady Minor, and has been working in Fiddler's Creek for many, many years. That's Sharon, who many of you may have met. Sharon Umpenhour is recording the meeting of course tonight. The county requires the meetings are recorded and that we transcribe those to provide that back to Collier County so that the planning commission and board members can get a flavor of what happened at the neighborhood information meeting, what type of questions were asked, and what kind of questions we responded to. Rich Yovanovich is our land use council that's working on the project. Rich is standing up in the front row, and Jim Banks is the local traffic engineer that's been working on the project as well. So, of course you're all here and most of you, I assume, are residents of fiddlers creek. If not, we probably don't have too many that aren't familiar with the location. This was a location exhibit that we've prepared for the county, and shows the young breadth of all the land that's made up of Fiddler's Creek. Here it is on the aerial photograph. It's a development you're all very familiar with it, so spent a lot of time on that. We are in a process to amend both the development regional impact and the planned unit development and the planning and development that comprises fiddler's creek and we are making changes to bring forward some updates to the master plan and make some additional changes which I'll go through in a moment. But the zoning process that we're in is considered an amendment, so we filed paperwork in this case with both Collier County, we also filed paperwork with the state of Florida related to the development of the regional impact and that's primarily because we are shifting some access points on the US 41 and because Florida DOT gets a say in those, that state agency gets a review of this project as well. So, we've been in and submitted, we're working towards public hearing dates that will occur in April for the planning commission and May for the Board of County commissioners and so from this point forward, things are a little bit fluid with our documents because it's with the local Collier County agencies complete their reviews. They made suggestive changes as we talked to different planning commission members. There are questions on how does it get made. So, obviously you all are very involved in this process and hopefully you'll stay engaged and you'll follow those changes. They're available on the county's website and we also make them available on our gradyminor website for everything that we submit to the county. And I didn't intend to, but Nancy Gundlach is a representative from Collier County government here, she's a principle planner, works in the zoning section and has been handling the paperwork back and forth related to the amendments that we are proposing for Fiddler's Creek. So, just so you know, we don't have a whole lot March 13, 2018 Transcript Fiddlers Creek3-13-2018NIMdocx ®GradyMlnor Pagel of 34 Clril Iingin eary • I•a_nd_ Sun eynrs • I•Innners • I.andseape All hh ecls Attachment D', Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript of rules, but the main rule the county likes us to do is one person ask a question at a time, state your name please so that the court reporter when they make the recording can identify who the speaker is because sometimes it's not clear. It's just unnamed gentleman, unnamed woman or things like that. They'd like to know it was a resident or one of the team members so to speak. And then what I would ask is we're going to turn this podium around and try to move it to the middle of the room so people can come and ask the questions so we can make sure it's audible. We have one person at a time and try to provide a response to the most appropriate person on our team. If we don't have the answer, we'll tell you that and we'll have to get back to you or try to deal with that another way. Nancy, is there anything you'd like to add before I start? Nancy: Not at all. Wayne Arnold: Okay, thank you. So, again, I'm going to go ahead start telling you about the changes that were made. I provided a summary there of greatest changes that we're proposing to make and probably the largest change and what's started this process was to shift some of the commercial allocation overto the US 41 entrance and add two points of service, residential and commercial development like that [crosstalk 00:03:59] Audience: Speak a little louder please. Audience: Please. [crosstalk 00:04:01] Wayne Arnold: I'm sorry. [crosstalk 00:04:01] Audience: Closer to the mic. [crosstalk 00:04:051 Wayne Arnold: So, one of the primary changes we're making is to shift some of the commercial to the US 41 side, without adding any new square footage. We are increasing the acreage, but the amount of allowable square footage for the commercial will remain the same. So, we're making changes to the master plan as well that will reflect that. We're also trying to update the master plan to reflect ... [crosstalk 00:04:35] Now it's running. What do you think? Is that working again? Audience: Yeah. Wayne Arnold: Okay. How about that? Audience: No. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx ©GradyMinor Page 2of34 0101 linginvem • Land Sun'nrur • Planner • Landscape AwhItccls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Wayne Arnold: No? Audience: No. [crosstalk 00:04:53] Wayne Arnold: So, we're making that shift to commercial. No new square footage, so we're revising that Map H and the PUD master plan to basically rectify things that have been build on the ground over the last 20 years and to show some of the future development phases a little more generically as we build out the project. We're going to update all the land use acreage tables that are in the PUD document and we're amending the DRI and PUD to have this conversion table. Right now this project allows 6,000 dwelling units. It allows 3,000 multi -family and 3,000 single family and we're adding a conversion factor so we can convert some of the multi- family to single family but still not exceed the 6,000 dwelling units. [crosstalk 00:05:49] We're also proposing changes to the group care facilities right now that's identified in several different track numbers that are basically illegible on the old master plan that was recorded many, many years ago and we're making provisions to better identify where that is, and I'll go through the master plan and point out some of these but I thought I'd just provide a summary to start. We're increasing as I said the business acreage. We're making provisions to clarify that a golf course is a permanent act of recreation use for them, section 29 of the PUD. It talks about active recreation. It specifically mentions golf, we want to make sure we identify that. We're adding multi family residential and hotels as permitted uses in the business district. Still again no increase in the total square footage for the project. We're also amending references in the PUD related to the master plan in regard to the remaining golf course that could be constructed in Fiddler's Creek and we've made notations on the master plan that that could be within Estancia or section 29. So, we've made those clarifications on both the DRI and the PUD. This is your existing PUD master plan that identifies residential tracks, golf course lakes, commercial is identified in the red. This is the proposed master plan and it's ... Sharon is there a laser pointer on there? [crosstalk 00:07:25] So, as I indicated, this is the new business parcel being proposed over on the US 41 frontage. We're also proposing an access point directed to commercial and a new access point to service residential that's just southeast of there. We've tightened up a lot of the development to show what's been developed as golf course and residential, and then this the Estancia area which made provisions for that residential golf and lakes and then we noted the assisted living where it's permitted and I think we show that over here. Don't we, Mark? Mark Minor: Yes. March 13, 2018 Transcript Fiddlers Creek 3-13-1018 NIM.docx ® GI'adyMinor Page 3 of 34 Civil Enginvem • Land Suneyure • Plannem • Landxcape Awhilcclx Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL2016O0O2727 March 13, 2018 NIM Transcript Audience: [crosstalk 00:08:09] Can you point that out again please? Wayne Arnold: This senior housing, assisted living, would be shifted over to the Collier Boulevard side of the project and at the present time, it's identified as numerous track numbers in the project. And each of those yellow areas has a number assigned to it, but it's a pretty legible way the county records its documents many years ago, it's just it's not clear. It's cluttered, so we're going to clean that up, This is another exhibit we prepared that shows a little bit more detail on the US 41 frontage to showyou the new commercial track, the existing access points that have already been proposed, and an existing and the two proposed new access points for the project. That's kind of a general overview and summary of what we're proposing. There are a lot of minor little changes and cleanups that we've prepared in the PUD document, but I think those were the highlights of the major changes that we're proposing to the documents. And I think what I'd like to do, Rich, unless there's something I left out, I'll check my notes to make sure I didn't. But would like to, we have a lot of people ... I'm sure there are questions. I'd like to just go ahead and open it up to questions. But I'm going to take a second, turn the podium around and ask everybody to come forward unless you need assistance and then we have a hand mic that we can provide to you, but I think it would be easier if we make sure we get one at a time so we get the question on record. So, I don't know if people begin to line up behind one speaker or not but I think that that's the best way to handle it. [crosstalk 00:09:49] Just please identify your name and - Sharon Umpenhour: Put the microphone in here. Audience: I can do it. Sharon Umpenhour: The next person has to use it, so, yeah. Yeah. Its easier that way. Okay. Peter G: My name is Peter [Glitcher00:10:19]. 1 live in 3764 [inaudible 00:10:20] Drive. I've live in Fiddlers Creek for almost about 18 years. My second home in Fiddler Creek. And over the years, I've seen that this master plan ... This is the original, I think, master plan that you're showing. Please leave that up, If I can use your pointer, I think this will be helpful. I think that [inaudible 00:10:50] there's a number of changes that have occurred over the years. We don't know if they needed approval, didn't need approval. But as you come in Fiddlers Creek, it's very open and we have a lot of distance and that was the very nice thing about Fiddlers Creek. What is happening in your new plan is that you've gotten rid of the second golf course, which was all over in here, and then in the third golf course that's shown over here, you now changed some wordage in your plan and it used to say that March 13, 2018 Transcript Fiddlers Creek3-13-2018NIM.docx ©0radyMinor Page 4of34 Civil Enginwm • Land Survom • Hamm • I.tmdsrnpe Arcdldreris Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript you shall build and it now says you may build. The concern is, I think this concern may be with Fiddlers Creek, if our prices values have been going up, there's probably no one here today. But our values, when we had the recession, went down dramatically, and they have not been coming up like other communities because what's happening now is we're bringing in these national builders that are building much lower priced homes than what we thought was going to occur. So, what occurs in the change in your plan, your master plan, you're asking the county, is you're deleting things in order to bring your count back up that you're allowed to build. So, where cherry oaks is, right along here, there used to be a road ... You can't really see it on this, it went to the back, you deleted that. So, now, the people who lived in Marsh Cove over here, have to if they're going to go to the back and if we're going to put the commercial in the back, which I don't think many people have a problem with the commercial going in the back. What we were promised with in the front with like a waterside type shopping center and we know that's not reasonable and we know that's not going to occur. [crosstalk 00:13:231 I'm sorry, we were getting an echo, that's why I backed off. It was in the speakers. So, what we've ... By moving the commercial back, no big deal. At least in my belief, way back to the strip center in the front, hopefully they'll sign it nicely. Behind it will be the assisted living or independent living or hotel or parking. Hopefully their entrance will be outside the front gate so we don't have a problem with our clock. Okay, now, let's go back to cherry oaks for one second. My understanding is that the developer has indicated an offer because they're deleting the bypass road, per say it would go to the back so that all of this traffic which the people are complaining about that are going down Cherry Oaks, that if 80% of the property owners agree they'll put speed humps in. I don't know if we're ever get 80%, 1 don't know if the county will allow it, but over here, I live in Mahogany Bank and we've talked to our CDD a number of times about the third track that we're getting because they didn't build and you want to delete this road up to 41 and you have the championship entrance back here. So, what's going to happen now is besides people from all back here, they want to go out championship for a short distance, get to the maple in this area up in the Naples area. A lot of them cut through our neighborhood, and a lot of people ... We had a homeowners meeting yesterday and said this has gotten pretty dangerous and if you put over here, the possibly Publix some day then all the people who live in the homes over here, deer crossing ??? cove all these a lot of them take the shortcut through Mahogany Bend. So, one thing we ask as neighbors is to give us that option. The same option that they've same to Cherry Oaks. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIMdocx ©GradyMinor Page 5of34 Civil Engineerr. • Idmd Smeyaca • 111anneN • lam Iscape Awhilealn Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript What happened, we don't know. Just give us that option. The second thing is obviously what's happening here, and I was listening to the developers so I kind of understand what's happening. The developer wants to get out of here. He's brought in these national builders. We've now go homes starting from the upper 300s, so the numbers start going down. He has sold off sooner than later lots that were probably the best lots and so usually we save those for last, but because of the economy he's chosen to do it this way. And so we now have a situation where they may never build this last golf course, and what they will probably say is there's not a market for this golf course because they're having trouble with their golf course. Yet Rookery has a golf course here, Has over 400 couples waiting on a wait list to get into that golf course and probably 80% of those people want .... they are approached Fiddlers Creek. So, there is a need or strong need for another golf course. So, changing that word to May maybe that what we're going to see in a few maybe switch to the next slide, to the second slide, to your other slide. What you're gonna, if you compare it to the other, you'll see dramatically open space that was in the first part of Fiddlers Creek is not even gonna exist in the second part of Fiddlers Creek. And if you don't build that other golf course or make a deal with Marriott, we know Marriott has tried to buy the Fiddlers course but I think there's too much dead on it so that probably doesn't work right now unless someone takes a hit. So, we have that. So, what we're saying is you're now taking this piece right here which is our park. That was our only park, adjacent to the lake. And you're saying you're going to get us a linear park. This long thing up here, which is away from everything. And that's going to hurt us also. So, I think people are upset about that. We'd like that to stay our park and we'd love to see a golf course, even if we don't play golf and even if we don't use the park. It's the location. So, that's my time. Wayne Arnold: Thank you or your comments. All I will tell you is that on the larger area that's the Estancia area, it does allow for residential golfer lakes. It's not really clear from this distance but it does really make those provisions on the master plan. Peter G: But you change the laws that give them the option to leave. Speaker 7: Hi, my name is Olga. I live in Oyster Harbor. Two simple questions. One, what is your timeline for this, and second, if you can elaborate on the two red areas that you're showing on 41. What is the proposed plan for the area on the top and could you elaborate on the change in the entrance to the commercial area and to the residential area on 41. Wayne Arnold: Okay. I think that's on. Is that working? A little closer. Okay. The commercial area that's located far north side of US 41 is an existing commercial area. There are also two parcels that are going to be owned by Collier County that are adjacent March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIMdocx ©GradyMlnor Page 6of34 0101 Enginerrs • land haneyom • plaanrrs • landscape ArcUllecls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript to it. And the one change that this master plan reflects is there's going to be interconnection between that commercial parcel and the residential, and that was eliminated on that master plan. In regard to the new commercial plan on 41, this is the exhibit I showed previously but it shows you that the existing entrance is going to be just south of that and then new entrance to serve one of the future phases of residential and then obviously an access point is probably right in, right out, and US 41 most likely would serve as a shopping center itself. Speaker 7: So, the existing will remain. Wayne Arnold: Yes, the existing commercial and US 41 is remaining Speaker 7: No, the existing entrance. Wayne Arnold: Oh, yes, the existing entrance is on US 41. Yes, sir. Jeff: Hi, my name is Jeff [Fitzgibbons 00:21:12]. I'm a resident of the Cranberry Crossing. Tonight, I'd like to address specifically any board members from CDD1 along with Collier County's planner who's here tonight, Nancy [Gundlach 00:21:27]. What im about read to you is really a consensus if you will from signatures we've now obtained from both villages, the villages that be in Cranberry Crossing and Cherry Oaks. The signatures that we've collected now approach 90%. We're very optimistic in the next 10 days. We'll have close to 100%. So, let me start by saying that we're not opposed to the commercial development project per se. We are concerned, however, about the negative internal traffic issues that it will have on our local community street, that being Cherry Oaks trail. Cherry Oaks trail is a local street that connects two connector roads. Hello. There are 118 single family and multifamily residents along Cherry Oaks trail which is slightly under a half mile long. Fiddler Creek is a well planned community with collectors streets, not loaded with individual units that really move the community traffic between the neighborhoods. By definition, local streets where the units are, in their community are intended to move only neighborhood traffic and not traffic from other neighborhoods. Originally, club center boulevard which is a collector road, was to be extended east and tie into Sandpiper Drive. Unfortunately, the developer is not following the 2006 well -conceived development plan, and Cherry Oaks trail has become a collector road with outside neighborhood traffic using our street as a cut through. So, we're very concerned that this proposed commercial development plan is really going to exacerbate things further for the residents along Cherry Oaks trail with increased traffic and associated higher operating speeds. Our community has hired, who is here tonight a traffic, consultant to study this issue and even without the commercial development, our preliminary findings do show speeds March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx ©GradyMinor Page 7of34 Civil Pingincemi • Land Sumeyors • Planners • I.mdscape Awhile As Marco Shores/Fiddler's Creek PUD, PL2O1600O2496 Marco Shores/Fiddler's Creek DRI, PL2016O0O2727 March 13, 2018 NIM Transcript in fact that exceed the posted speed limit on Cherry Oaks trail. We would reasonably anticipate the cut through traffic and speeds to worsen with a proposed project as an attractor and as a lot south of us in the community is developed. One of the recommended improvements to mitigate for the issue, for the county neighborhood traffic management program, is the installation of speed tables to help maintain adherence to the posted speed limit. These speed tables are in essence with the Lely community uses. They're not the traditional yellow speed bumps that we're all accustomed to. And again, I'm speaking tonight as we've collected 90% signatures that are in support of this. So, as part of the approval for the commercial zoning project, we would ask the developer and the CDD be required to implement traffic calming measures to mitigate the negative current traffic issues and the impacts that are foreseeable on Cherry Oaks caused in fact by the commercial development proposed here tonight. We are presenting today to both a representative of the board of district one as well as Miss Gundlach. Three copies. And Nancy, you have those already, showing the engineer that we've brought in are proposing these mitigating speed bumps to be. So, as I said, Norm, our traffic engineer that we've paid to do some of these studies, is here tonight. I just like to close by a personal and I'd really like to just turn this around to Fiddlers Creek, if you will. I mean, we're all in this together, right, and when I first bought two years ago, I bought on Cherry Oaks. Loved the community itself, but I really loved our street. Loved the street, it was quiet, but it was really one of those story book things. Unfortunately now, no offense to Marsh Cove. They have beautiful homes. I wish I could afford to buy one in there some day. But unfortunately, the mitigation that the proposed developer had with that back access road is not being used. So, I would first like to say to fellow residents in Fiddlers Creek that, you know what, other than a bike ride or walking down the street, hey, come on through, wave to me, wave to everybody. We'll do the same. But with respect to the traffic, I certainly wouldn't use Mahogany Bend as an example to go out the middle gate. I'm respectful and I go out the main roads. I would hope that much is held true, but recently in the last two months, there's been three instances. Two women were walking dogs. They were almost hit by a car and or a truck, and it's just not the traffic from construction going to Marsh Cove and using or cut through instead of going down Sandpiper. It's as much as people on both sides using Cherry Oaks as a connector road going to and from the Golf Club as well as the pool. Five nights ago, I'm wearing a brace. I don't know, for some of you I'll get a little graphic here, but ... I had blood coming out on my knees the whole bit. That's not for dramatic effect. I see Tony smiling back there. He actually kicked me. No, he March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ©GradyNlinor Page 8of34 Chill Itnginvem • Land Sunayoro • Planum • landerape Arrhpp3v Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript didn't. But I was driving my bike down Cherry Oaks trail and right now we're having roofs done on both sides of the street. So, naturally, there's going to be construction on both sides. So, there was a vehicle approaching the end of Cherry Oaks from the Marsh Cove side. As he's coming, he veers over onto my side. I was riding my bike at a normal speed. I had one of two options. I could either hit a parked car, rightfully so, because again, all of the construction. Or I applied both hand breaks, and as I did, I did a somersault over the front of the car wound up. So, as bad as that was and my wrist was killing and I'm thinking okay it's broken, which it wasn't. I get up and none of the roofers, they're looking the other way as they would. But I just happen to look back to see the vehicle head all the way down the end of Cherry Oaks and never stop. So, my plea is on behalf of 90% of the signatures we've collected on both villages. It's a plea to the board members who are here tonight for CDD1. It's certainly a plea to Nancy. Listen, we're not opposed to your building proposal what's on the table. We just need some help mitigating this traffic that's become chaotic and we're just asking for what our engineer has proposed and it seems like it's a doable thing. Wayne Arnold: Thank you. Again this is, for the court reporters benefit this again is Wayne Arnold, and I would comment I think you're doing exactly the appropriate thing and that's to contact your county and your CDD, because it's my understanding, those are CDD streets. Marianne: Can you hear me? Wayne Arnold: Yep, got it. Marianne: Okay. Is this a short joke? Marianne [Mariachi 00:29:19]. 3835 Cotton Green. I've owned the property since 2004. My concerns are kind of a little bit all over the place so I'll to make it as condensed as possible. When you're talking about the commercial, we've heard all sorts of rumors. At least I have. What exactly is going to be built there. Is it a publix or what is it, and when? Because I know the other person asked about when. And the same thing for on the front if that's on the 951 if you're doing any assisted living. Again, when, and what is it? I also have issues with the fact that when we bought in here, there was never a mention of a hotel. There was never a mention of an assisted living. The other problem is is that I don't see anywhere on there that there's a space for another clubhouse which was supposed to be built when there was a certain level of density. So, I'm concerned that you're taking up all this space for all these things, and what happened to the space for the second clubhouse? Because with the increased growth the only clubhouse we have is taking a beating for a lack of a better word. If you don't get there early, you don't get a chair. So, what's wrong with that March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx © GradyMinor Page 9 of 34 (301 Ehglnrcm • Umd SuneC vI • Nlarinm • wi(Iseape dmhllw(s Marco Shores/Fiddler's Creek PUD, PL2016O002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript picture? So, I'm curious to know when and where these items are going to take place and what are they, and then my other issue is overall security. Are we the power we're addressing the security with the increased density and the population is exploding so I'm concerned about where the public ... Not big P, little p. Public people. Is there a way for them off these roads to get into fiddler and if so, I don't like that. Does anybody here like that idea? Audience: No. Marianne: Thankyou. Mark Minor: My name is Mark Minor and I'm a civil engineer with the firm of Grady Minor and we've been consultants working in Fiddlers Creek for over 20 years. I'll try and answer most of your questions but I'm forgetting some because you asked a lot. [crosstalk 00:31:37] Marianne: I'll just stay here and keep you honest. Marl< Minor: Thank you. Let's talk about the grocery store parts of the shopping center, the piece that we proposed on 41. Thank you, Wayne. Marianne: So, that is a grocery store? Mark Minor: It is planned right now to be a grocery store and I can't say what the brand is, but it's a Florida local store Marianne: Okay. [inaudible 00:32:03] Mark Minor: they use green colors. And I'm not exactly sure when it would open. It's of course dependent upon us getting approved to book the business district here, that commercial, otherwise, they will not be going in obviously. So, that's where the big red is up there now. The grocery store anchored shopping. Marianne: Okay. Mark Minor: You said something about a second clubhouse. Right below it, it says our name. That's kind of... I don't know what colorthat is, but that is the wellness and fitness center parcel. Marianne: Is that going to look like the clubhouse we have now? Do you know? March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx ©GradyMinor Page 10of34 Inuit Engineers • Land Summ,N- • Planners • landscape Architects Marco Shores/Fiddler's Creek PUD, PL201600O2496 Marco Shores/Fiddler's Creek DRI, PL2016O0O2727 March 13, 2018 NIM Transcript Mark Minor: We used to call that on the old plan the tennis set. So, I'm not exactly sure what the architectural element looks like but I can only assume that itwould be similar to the clubhouse now. Marianne: Well, what we have now is 52,000 square feet and we've got all sorts of - Mark Minor: Oh, yeah. The parcel is large. It's very large. I can't remember how big it is. But it's 13 or 15 acres, something in that neighborhood. As far as security goes, on Sandpiper right now, there's a shack that the guard is at an it's when construction traffic comes in. That is the location that the permanent guard house was going to be placed. However, with the shopping center coming in, that's too close to 41 to allow a safe turning movement into the shopping center. So, we planned to do some modification to Sandpiper and move the guardhouse farther into Fiddlers Creek so that you ... If you came into Sandpiper to go through the grocery store, you would not go through the guardhouse. It would be before the guardhouse. It would be similar to the main entrance on 951 and any people that don't live in Fiddlers Creek who happen to shop at the grocery store cannot get into Fiddlers Creek from that shopping center. So, the fence, the security, would run along 41, and then dive and go behind the shopping center back to the guardhouse and then go back to 41. Marianne: Okay. And the other question was there was commentary from this gentleman over here that they were putting in multi families, hotel, that's new, another golf course, and the assisted living which we talked about and the grocery store we talked about. Where is the plan to put this hotel and what exactly - Mark Minor: There are no plans for a hotel and there's no plans right now for assisted living facility that I know of. [crosstalk 00:35:021 Wayne Arnold: This is Wayne. I just want to clarify what Mark's saying. He said there's no plan. That means there's no end user for those two uses. Audience: We can't hear you. [crosstalk 00:35:08] Wayne Arnold: The PUD itself has made provisions for assisted living for, gosh, I don't know, almost 20 years. The multi family shift allowed a commercial track to something new and then adding a hotel with an option that we thought could benefit the other commercial parcels, but there's no end user. Marianne: Okay, so those are sort of in the cloud kind of things that might get one. Okay. All right. Well, thank you very much for your time. Wayne Arnold: Thank you. Marianne: Thank you all. [crosstalk 00:35:41] March 13, 2018 Transcript Fiddlers Creek 3-13-2018 N1Mdocx ©GradyMinor Page 11 of 34 Uvll Rnglnerm • Land Sunc>rm • Plaunrm • I.indscape Archllrcls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Audience: Timeline on the wellness center. Marianne: When? Wayne Arnold: I don't think we have definitive time frames on the wellness center or the timing. I know that Mark mentioned a developer for the commercial tract [inaudible 00:35:54] until the zoning's in place to permit that. We just hope to get through this process end of spring. Marianne: Okay. Thank you. Bill Nader: Hello all. My name is Bill [Nader 00:36:07]. 1 live in 4858 Southern Ridge Drive. That is in the Pelican Lake Motorcoach Resort. I am also president of the Motorcoach Resort. My reason for being here this evening is we are very concerned. If you go back to the ... Well, I switched the plan. But if you look at the access to Fiddlers Creek, there's three accesses. One, the main access on 951, 1 guess. And another access over on 41. But then the access on championship drive. There's one problem is the championship drive is owned by Pelican Lake Motorcoach Resort, and there's an agreement that Fiddlers Creek, I guess way back when we developed it, they could use it for access. But there's no agreement as to maintenance, traffic or anything else and we're really concerned that the championship drive has turned into being one of your main access for there, I'm sure the residents of Fiddlers Creek will back me up to say that getting out on to 951 is a real chore.. We spoke to the county about them taking the road over. They have expressed no interest at all in that. We're not ... Copper Cove also uses that road, and the road unfortunately for us, is owned by us. And we're really concerned that any more development at Fiddlers Creek and I heard people speak this evening about reconfiguring roads, you're adding more single family, taking away middle family and there's an ongoing development here, over 6,000 units, and to use Championship Drive as one of your access. I don't think that is a good thing. I really think you're ... We need to have some kind of agreement that otherwise we're going to have to take some kind of action and I really don't want to do that. I would rather just work some kind of agreement with Fiddlers Creek and with the county to have the county take over that road. So, I just want the record to show that you keep talking about championship drive in the interior part of Fiddlers Creek and it ends at a private road. So, I thank you for your time. Wayne Arnold: Thank you for your time. [crosstalk 00:38:41] George F: My name is George [Veranetas.... inaudible 00:38:43] 1 live in 3755 Montro and I just have two questions. The first question is in the new plan you indicate there's going to be at least three new entrances on 41. 1 imagine based on any kind of traffic study that at least one of them is going to require a traffic light. Is that going to be a burden on the Fiddlers residents to pay for that traffic light or is that March 13, 2018 Transcript Fiddlers Creek 3-13-2018N1Mdoex ©GradyMinor Page 12 of 34 CIA Englnerm • Land Sume>ves • Plannery • Landscape Awhitee.ls Marco Shores/Fiddler's Creek PUD, PL201600O2496 Marco Shores/Fiddler's Creek DRI, PL2O16O0O2727 March 13, 2018 NIM Transcript going to be something that the developer is going to be responsible for, or is the county going to pay for that traffic light if there's only one or more? And my second question is, in the new master plan in that lower right hand, that section where it now shows just a giant yellow piece of land where the Estancia is supposed to go. Is that going to have any reflection on the total number of units that are going to be a final number for Fiddlers as far as ... You mentioned earlier that there was 6,000 in the original master plan. Right now, if you look at that map, it eliminates that whole section in the lower right hand corner. Obviously, there were planned units there in the original master plan and the new plan just shows one big block of land right there to the lower right. Are any units going to be removed from there as far as the total number of units in the master. Wayne Arnold: If I could address that comment, this is Wayne Arnold again. The zoning document, the master plan, have never assigned the allocation or units to any of these parcels. That's all been up to the master developer to determine that number. To reflect it like this, we're not adding anymore units. It's still 6,000 maximum dwelling units that can to be built. I mean, I think that's subject to the developer and who the end users are and how much multi family versus how much single family. Those are factors of how those unit counts come to be. With regard to your comment on the signal, I don't know. Signals on the highways are subject to warrant studies and once the population occurs on that portion of Fiddlers it may need one. Who pays for that? I don't know. I don't know who paid for the signal for instance on Collier boulevard that was recently installed, but [crosstalk 00:41:05] Audience: We did. Mark Minor: Mark Minor. Recent improvements to 41 at Sandpiper contemplated a signal going in there some day. However, the state of Florida, the department of transportation, does not allow signals if you want one. You have to go through a traffic study and warrant analysis and Norm, your engineer Norm would know, much better than me about that. It's my understanding that that traffic signal, there's already moneys that are set aside for that signal when it is warranted to be constructed. [crosstalk 00:41:44] 1 don't know, sir. I'm sorry. I really don't. For my understanding, there's money that's already set aside. George F: I mean, the reason for my question on the total number of units is because I believe in the original plan or the original documents at Fiddlers Creek, once we reach a certain percentage of occupancy out of the total number of units, then the PUD is handed over to the homeowners as far as operation and the management. So, without a number, a final number of total units to go to, how do we know when we ever reach that number? March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ©GradyMinor Page 13 of 34 001 E.nglncnre • laud Surmoare • Plunnere • landscape Archlleele Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Mark Minor: I don't. I don't know the answer to that question, but the total number of units allowed in Fiddlers Creek was 6,000. It was supposed to be 6,000. So, I would count on 6,000. Joe Jackson: Good evening. My name is Joe Jackson. I live at 3344 Fanny Bay Lane in Oyster Harbor. My questions, observations this evening will focus on zoning. With that I spent 15 years as a zoning officer up north in a little town called North [inaudible] New Jersey. So, I'd like to discuss zoning if I may regarding this particular application. I know that application has taken place within Collier County of late. So, I'm going to begin by asking a very important question because depending on the answer to that question, I may continue or I may just close my mouth. It's my understanding that part of your application to Collier County includes seeking a rezone of that back piece of property so that you will then be allowed to include back there a hotel. Is that correct? [crosstalk 00:43:41] Wayne Arnold: this is Wayne Arnold, just to be more specific as to what parts we're talking about? Joe Jackson: Well, when I read the application, did your application for the total rezone, part of that rezone includes the approval for, at some point in time, a hotel. Is that correct? Wayne Arnold: Yes. Our application includes adding a hotel as a possible permitted use in the business district. Joe Jackson: Yes, as a possible. So, let me use an analogy. If you were a homeowner in a little town in New Jersey, in [inaudible 00:44:15] and you wanted to install a swimming pool on your property, you would have to stay within the confines of a certain percentage of impervious coverage. Does everyone know what impervious coverage is? Audience: Yes. Joe Jackson: impervious coverage of course is concrete, patios, anything that's got a lot of water to seep to the ground. So, again, if you want to build a pool on your property, you would have to have approval from the town to have a variance to do that. If you were lucky enough to submit that application and have that variance approved to exceed the impervious coverage, the value of your property increases dramatically. My point is, if you submit this application and you do get approval to rezone that piece of property at the rear to allow a hotel, the value of that piece of property goes up dramatically to those individuals in this room that hold that property. Do you agree? Wayne Arnold: Again it's Wayne Arnold, I have no idea. The PUD - March 13, 2018 Transcript Fiddlers Creek3-13-2018NIMdocx ©GradyNllnor Page 14 of 34 CIO Pmglneem • Land Sume)OPF r PlanneN • Landscap- AIYUltfcts Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Joe Jackson: [crosstalk 00:45:24] Let me use case in point. If you watched the success that stock development has had in Collier County over Lely Stock development did something very similar. They have a piece of property out on the front of 951 that they went before the county and asked to be zoned commercially. But it received that approval, they then began to put in commercial property. The value of that property went up exponentially. Similarly, if you make a left on Grand Lely drive off of 951 and go out toward Rattlesnake Hammock Road there's a large piece of property at the end of Grand Lely on the left hand side that Stock had zoned originally to be commercial. They went back to the county and said they want to rezone it. They rezone it for multi -family housing. They're now putting in 350 apartments. So, the point being, it seems to me that the reason that you ... Well, not you. The reason that the developers and owners want to do that rezone is not necessarily to build a hotel themselves, but to be able to flip the property and have somebody else who you're not familiar with to do that. That's my observation. Wayne Arnold: Thank you for your comments. For a project of this size, I work on a lot of projects in Collier County and southwest Florida. A project this size we were looking at the list of permitted uses and it includes a large number of uses and never allowed for a hotel which I thought was a legitimate and possible good use for a portion of the commercial land. Joe Jackson: I understand that, and thank you for coming. Again, my comment is, if it was approved by the people that own Fiddlers Creek and we knew they were in for something with it, that's scenario A. However, if they could slip down the road, and we're dealing with builders and developers that we don't know, we're not gonna know what we're going to get once it's approved. [crosstalk 00:47:13] Marshall: My name is Marshall [inaudible 00:47:23]. 1 live at 8548 Copper Tree Way in Fiddlers. I'm concerned about the cost to fiddlers owners of the proposed new plan and the extension which the plan serves the interest of the 2,400 current home owners in Fiddlers. Based on past experience, Fiddlers owners, through the foundation and the CDDs, will be paid for infrastructure necessary to carry out the new site plan, such as for traffic lights, a guard house, a new park and its amenities and so forth. Some people have no voice in what and how much such will cost. I find nothing in the new plan that guarantees or assures the owners what will be in the proposed new shopping area or when that will be up and running. Could we end up with a 7-11? As for parks, the developer can change park land designations at will. He can force the owners to buy areas designated as parks and build up a land [inaudible 00:48:39] and then not allow use of the land purchase as parks and for example, the best and most centrally park on the existing master plan is at Fiddlers Creek Parkway and Sandpiper. That is where the new upgraded park should be. Not in the out of the way area behind Veneta. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx © GradyMinor Page 15 of34 1:191 EnginerN • lamd Sunk>nn • flannels • landxcape Amldle(Is Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript The developer has total control of the exterior of our homes, our lawns, our trees. The idea is bound by nothing, except for the zoning board and even then, he could apparently modify at his whim the master plan that he shows buyers. In this regard, the stated purpose of the rezoning notice, the current rezoning, among other things, is to quote the master plan to better reflect the as -built conditions in Fiddlers. This confirms the newly proposed master plan will be as meaningless as the old one was to govern what the developer might do in the future without zoning board approval. So, I asked, why should the zoning board grant zoning revisions which impose the national burdens on Fiddlers owners and give the developer a blank check to do what he wishes, whatever he wishes to do it. Should the 2,400 Fiddlers owners, many of whom are voters, be consigned to paying for the developer's freedom to do whatever he wishes at their expense and with no guarantees, what or whether he will do what the plan shows. That is simply neither fair nor right. Linda: Hi, my name is Linda [Beagus? inaudible 00:50:46] and I live in the Melbrooke community which abuts that big red dot up on the right. We've used the little laser. My first question is ... we've talked about the entrance from 41 and I think Mark said there's also going to be an entrance from Sandpiper. Am I correct on that? Mark Minor: Yes. Linda: Okay. So, Sandpiper, which many of us use, especially Oyster Harbor and Melbrooke, and all of the villages there, we go in and out of the bat cave as we lovingly call it. Now, without a traffic light there and during season for those of us that are there year round, we know that the traffic increases significantly out there. So, my question and my concern living in Melbrooke right next to it is the increased traffic that's going to literally be coming into Fiddlers and taking a left into the commercial site. That's what they're going to be doing. Right? So, if we think logically as far as traffic coming, people that are coming from Collier 41 intersection coming down, they're going to go in Sandpiper and then going to the commercial zone. Where's the people coming from the Everglades? They're probably going to take the left into it. So, the majority of people coming from the north are going to come into the community, into Sandpiper which is our road and then into the commercial site. So, number one I'm concerned about the traffic. Number two, I don't know if you know the answer to this question yet, but having worked for [inaudible 00:52:08] for 11 years, what, and I don't know Florida statutes, when do deliveries get made with those loving 18 wheelers that come in and when they back up, they go, "Beep, beep, beep," and when do their dumpsters get emptied, is there a statute as far as what time those dumpsters can be emptied and those truck come in as well. Will the parking lot require 24/7 [applause, cross -talk] March 13, 2018 Transcript Fiddlers Creek3-13-2018 NIM. docx ©GradyMinor Page 16 of 34 0101 Englnecra • Land Sumry"ri • i'laum • Laod milw Awhllerin Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Are there going to be lights in the parking lot that are going to be required to stay on 24/7? Is Publix or to be named grocery store similar to Walmart? Will they allow RVs to park over night and technically live in the parking lot for a while until they get enough rest to continue on with their journey, and we know you mentioned a wall Mark. That wall is going to be on the commercial side that comes in from 41 and goes behind the commercial. How tall will that wall be? What will it be made of? Are we paying for it? Is the grocer who's coming in in that commercial site going to be paying for it? I know it's a lot of questions, but no one yet from the villages that are going to be impacted most by this development has raised anything yet. We've raised a lot of other issues about developers, arts and all that stuff, but I think what we're talking about tonight is that commercial property and its impact on Fiddlers and since I lived right there, that's my concerns is what's going to happen exactly there. So, if you can maybe show Wayne or Mark on that drawing where's the entrance going to be off of Sandpiper into this commercial development. I know we're going to move the security gate back, and it's going to be before the security gate. But where we're talking this traffic's going to build up, trying to get out on 41. Mark Minor: First of all, about the traffic patterns coming in from offsite to use the shopping center, I may disagree a little bit. The direct route for someone traveling this way, which is kind of southeasterly, would be to turn straight into the shopping center without turning into the shopping center and then making a left and so there would be one less movement. Linda: Well, [inaudible 00:54:28] but the reason why I say that, Mark, is because you know there's an extra lane to be able to take a left into Sandpiper. There's not that if you go. further down to take a left into the commercial site off 41, right, so you get out of traffic and move into that lane. We got that lane added so it would be easier to get in to begin with. Mark Minor: Right, we understand how the road works. This would have an extra lane added to what's there now to come in a right hand turn lane and come in. Linda: Okay, you didn't mention it. This was going to be an extra lane added. Mark Minor: There's going to be an extra lane we added at that entrance, however, route 72, this full intersection here, probably this allows [inaudible 00:55:10] so you wouldn't be able to turn left across there to get in. So, to exit, if you were going to go towards town you would come out and turn left at which something will most likely be a signal and we looked at that because we mentioned a few minutes ago, you can't just put up a traffic signal because you want one. Linda: Oh, I know. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM doex ® GradyMinor Page 17 of 34 001 Rnglnfem • land Runey,N • Planners • landscape Arcallecle Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Mark Minor: You have to meet certain warrants. We thought that once the shopping center ... The grocery store was up, that that intersection warrant a traffic signal. There's a very high possibility that would happen. So, saying that, there would be a signalized intersection here and then that will then reduce your concern about waiting to get out, pull out, on 41 because you will have a signal that will [inaudible 00:56:01] let you come out. Linda: Some day. Mark Minor: We think that soon after the grocery store's open, that intersection with warrant a signal. Linda: We know how long the one on Collier took. Mark Minor: There is not a major grocery store at that - Linda: No, there isn't. Mark Minor: Intersection, is there? No. [crosstalk 00:56:22] Linda: So, I think what I heard you say also then was all the people coming from the south won't be able to come in on 41 because there's a median on there, so they're going to have to come into Sandpiper or anyone in the south and will have to go into the Sandpiper entrance. Mark Minor: Most likely, yes. They would make a left hand turn then come in. As far as deliveries go, I'm not sure exactly what times they're limited to. There are county ordinances that - Linda: [inaudible 00:57:11] Mark Minor: Yeah, and I don't know either. It's so much of what is for construction. It's very ... The tenant, the grocery store operator, they're very keen on the surrounding community. You're their customers, and they like to be good neighbors. They operate class A facilities. They don't allow campers overnight parking. [inaudible 00:57:50] Linda: Okay. [crosstalk 00:57:56] [inaudible 00:58:00] Can you please explain a little more about the wall? Mark Minor: They do have deliveries. Yes, ma'am, they do. The wall ... Right now, you know how the berm along 41 is- Where it comes in. Linda: Yeah. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 N1Mdocx © GradyMinor Page 18 of 34 Civil Ensineern • Lnid Smeym • Plannem • Landscape Arcldlenls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Mark Minor: Well, it would come along here and it would follow behind shopping center and then come back up and get back on your regular buffer. The, and i am privy to some information only because the developer that would be developing the shopping center has contracted with our firm to be the engineer. We've done many grocery store shopping centers. They would be paying for it. It's in the budget. We estimated the cost of the water, sewer drainage, road, parking, trees, the whole thing. That's in their responsibility to pay for all the improvements for the grocery store shopping center. As far as how high that wall is, we envision a smaller berm, six or eight foot, no masonry wall, similar to your perimeter wall you have around Fiddlers Creek. The wall that used to be at Fiddlers Creek [inaudible 00:59:38]. 1 thought we presented the plan to the community in [inaudible 00:59:45]Ron made that possible and there was a pretty packed house and I thought it was received very well, having the shopping center to where you go and get your food and other things you need without having to leave the community. So, it's - Linda: [inaudible 01:00:04] Mark Minor: Convenience and safety. Well, you could walk. Linda: I don't want to walk. [crosstalk 01:00:08] Mark Minor: Melbrooke are these homes right along here. Linda: Keep going. Keep going. Mark Minor: You're over here? I don't see where you're going to be inconvenienced or annoyed by it. Linda: [inaudible 01:00:25] You want to buy my house then? You want to move in with me? Wayne Arnold: Folks, just could we try to keep the background noise down? We're really trying hard to record this. We need to have [inaudible] ask a question, have an answer. Thank you. Bruce Martin: Hi. Good evening. My name is Bruce Martin. I live on Mulberry Road. Just two questions basically regarding open space. Can you bring up the plan that shows the big yellow area is ... Okay. I have a verygood understanding of PUDs, intensity, density and everything like that. But my question is, is there anything that stops the developer from bifurcating that entire yellow piece, making it a new development and accessing it from 41, completely independent of the Fiddlers Creek community? Wayne Arnold: Was that your only question? March 13, 2018 Transcript Fiddlers Creek 3-13-2018 N1Mdocx ® GradyMinor Page 19 of 34 Civil Rnglneem • Cand Surn)(aN • Planner - Landscape ArclillecW Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Bruce Martin: There's two. That's the first one. Wayne Arnold: [inaudible 01:01:46] Right now, the PUD doesn't provide an independent access directly to that parcel, and part of the reason we're going through this process is because we're adding access points, so another amendment would have to occur if the large yellow parcel wanted to have its independent access directly on to U.S. 41. Bruce Martin: But there's nothing that stops the developer from asking to make that completely separate development independent of Fiddlers Creek. Wayne Arnold: I don't think there's anything in the current document that prohibits them from doing same thing for any other part. Bruce Martin: Is there anything in Collier county's rules that prevent that from happening? So, hypothetically, the developer could bifurcate that entire peace off, make an entranceway from 41, make an independent community say bundled golf ... Whatever you wanted to do there, as long as he took the appropriate amount of density and allocated it to that piece from his original density. That original density was also calculated with a ratio of open space, so I would assume that he would have to pull with him the appropriate amount or proportion of open space for that development. The reason that's important is the developer has chose, obviously, and if you're a fan of the area of whatever it was called, Oyster Harbor, whatever used to be a golf course in there. Golf course is open space. Golf course also real estate values were higher. If you look at the existing community with the golf course you can see there's a lot more open and a lot more visually open with less concentration of density. So, he's concentrated this density in the oyster harbor area by taking out the golf course. So, my question is, if the area that is orange is bifurcated, where is the allocation of open space going to go? Which is taken away from the remaining part of Fiddlers Creek. I think that's very important. Second part is his proposed golf club house for the Fiddlers Creek course has eliminated the practice fields. Well, I'm a golfer. I can't imagine belonging to a golf course without a practice area. He's eliminated the practice area and made it housing. So, what we've added up with is a much denser area in the oyster Harbor area with no guarantee that if he bifurcates the orange area that we're not getting the appropriate open space that has now been removed by not having the golf course there. I won't even go into the aspect of the golf course members that no longer have a practice range or a clubhouse or a second golf course. That's [inaudible 01:04:50]. But from a purely open space thing, I think that the community needs as a guaranteed that if and when, if possible, he bifurcates that whole area which being a past developer and knowing the problems when a community reaches a large size for the aggrevation of the existing home owners, I think that's a very reasonable scenario in this case. March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ©GradyNiinor Page 20 of 34 Civil PlnCinerm • band Sumyars • Planners • I.andsrupr Arraitrrls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript So, I want to know where that open space is. I'd like to think that Fiddlers Creek should be guaranteed an appropriate allocation of passive open space for the area that is taken away from the golf course that was supposed to be in oyster point. So, my two questions deal with open space and you answered the one. There's actually nothing in the rules that prohibited from bifurcating the orange area dedicating the curb cut, County cut in 41 and service the community over there. Would all that be correct? Wayne Arnold: Well, the process to get there isn't so simple. We'd be going back to a public hearing but that's every PUD in Collier County has the ability to make commitments. Bruce Martin: Exactly. He made the commitment taking out the entire second golf course in Oyster point relatively painlessly. I don't think anybody knew that. Wayne Arnold: If I could answer your comment about open space, the large yellow, greenish colored areas are all preserved areas that require set asides for Fiddlers Creek, and the county looks at open space across the entire PUD. All residential PUDs have to have 60% open space, mixed use projects have to have 30% of their acreages as open space, and then of course there's other general open space. It's landscape buffers, it's golf course, it's lakes. It's all those other things. And this project far exceeds those minimum requirements of the county. Bruce Martin: That's exactly where I'm going. All I'm saying is there should be some protection for the existing Fiddlers Creek that the open space both passive and active is appropriately allocated between the existing areas that are shown and the possibility of that orange area. I trust that Collier County can follow it up with percentages. Thank you. Wayne Arnold: Anybody else who hasn't asked a question want to make a comment? Unknown Speaker: In the middle of the plan, there's a white area that our fence goes around and it's from where they want to build a park and make it and just use the right of way. Mark Minor: We don't own that. Unknown Speaker: Who owns that? Wayne Arnold: That is not part of the Fiddlers Creek [crosstalk 01:07:38] Unknown Speaker: But it looks like it's landlocked because there's a trail road in the corner, how does anybody get to it? Mark Minor: Mark Minor again. There's a road, an easement, that comes in from 41 straight down on the right hand end that's called Creative Lane and I believe that white square is 10 acres and, okay, it's 20 acres. It doesn't belong to the Fiddlers Creek March 13, 2018 Transcript Fiddlers Creek 3-13-2018 MMdocx ®GradyMlnor Page 21 of 34 Civil I•Inglnem • Lnnd Sume>on • Plannem • I•anderapa Arrhllerta Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript developers. Not that they didn't try. And I don't know who it belongs to now, but they weren't interested in selling it to us so we could make it part of Fiddlers Creek. Unknown Speaker: So, that's the north property irrigation pond. Mark Minor: It is. Yes. Exactly. It's adjacent north of the irrigation pond. Unknown Speaker: And you're taking the park that was in Fiddlers Creek and Sandpiper and you want to build housing there and you want us now to have the park up in the corner there, up to that other commercial piece. Mark Minor: Unknown Speaker: No not exactly. That's your proposal. Mark Minor: The park ... Which one is the ... The park, actually it's called a linear park. It starts here and it wraps all the way around up here and then this of course is the existing around ... This is all supposed to be part of what we are calling a linear park. It's not just up here. That's part of it. Unknown Speaker: What's it going to be there for? And how are people going to get to it? Where are they going to park? Mark Minor: There would be a parking lot that would be constructed up around that marsh lake, the triangular shaped lake that's north of the white rectangle. Audience: Can you point to it please Mark Minor: You know, somebody else ... I believe that the foundation might have a plan that they're going to present to you all up in this area. Unknown Speaker: Wouldn't ... The original park location is obviously from your plan. From a planning standpoint, it's a much better location for a park, the park we thought we were going to get. From a planning standpoint, you probably never would have done that. It's an afterthought now because you're not going to build a road, so what do you do with the road? So, you're taking away a park that would have been a park. Ms. Snyder: Hi. Sally Snyder. I live in Melbrooke. Viamark circle I have a question ... Well, actually the question's already asked and they did not even have an answer. As far as the lights on the shopping center, can we ... I mean, is there any way to require they do down draft lights? I mean, I know they do that where they aren't intrusive 10 feet light poles constantly. I mean, I have a lot of questions about the lighting and the noise and the wall and that's my number one question is you didn't address the lighting. The second one is the traffic light and Sandpiper Road March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.docx © GradyMinor Page 22 of 34 Ch91 6nginceN • kind Sumv.N rm • Planners • Lnmixeape An'IOlecis Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript right now, it currently belongs to the CDD. Is that correct? As far as maintenance and all of that. Now, I've heard that we're still going to have to maintain it for the shopping center. The part coming into the ... Do we still own the part that comes in once we move the gate back? Mark Minor: Ma'am, I don't know. I'm not the CDD engineer. Ms. Snyder: Okay. Mark Minor: That's a question for your CDD. Ms. Snyder: Well, is there any way that we can put it in the shopping center it has to provide some money to pay for landscaping and road maintenance and then using our road that we're paying for, and we're also slotted ... The money that's been set aside is going to come from the CDD to put the track light in. So, I was just wondering if - Mark Minor: I'm sure the traffic light benefits the residents of Fiddlers Creek as well as any other user that may come in. Ms. Snyder: Yes, but the shopping center will benefit a lot more. [crosstalk 01:12:14] Mark Minor: Ma'am, I really don't know about that. Okay? I will suggest you bring it up at a CDD board meeting. Speaker 4: What about the lights? Ms. Snyder: What about the lights? Mark Minor: Collier County already has regulations that require the lights to be shielded and and shine down, and that no light, or very little light is allowed to leave the boundary of the property. Ms. Snyder: Okay. All right. Thank you. Bob: Hi, I'm Bob [inaudible 01:12:42] Mulberry. I just have a quick question. On the commercial zones, you've got multi families, as a possibility in there. Will that be included in the 6,000 homes? Wayne Arnold: Yes. Bob: Okay, is that done so they can take that orange piece and not have it be part of Fiddler Creek? March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NlMdocx © GradyMinor Page 23 of 34 001 Engineers • Land Sume)v• Plannem • I.nnasnape Architects Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160O02727 March 13, 2018 NIM Transcript Wayne Arnold: No, the reason that we may provisions for multi family in the commercial tract is because we think that seems to be a viable option for especially the commercial tract that's on Collier Boulevard. Bob: So, you guys are going to write in there that 6,000 front doors is the max? Wayne Arnold: It already is in there and it remains. What we argue is that inversion table that says for every 1,000 single family home we exceed 3,000, we lose two multi family. Bob: And those commercial areas are part of our PUD? Wayne Arnold: That's correct. Kim Craven: My name Is Kim Craven. I live at 8472 Mallards Point. This is a work in progress. It's what the golf members were to be provided in return for golf membership moneys paid as stated in the original membership documents. Are you awarethat many golfers Fiddlers Creek at the Fiddlers Creek paid an initiation fee to join the golf course. Some 100,000, and in return they would be provided with the following golf club facility, which would be available to members, their families, guests will be including the golf ... The following. Two championship 18 hole golf courses, one which will be designed by Arthur Hill. Driving range, practice putting green. A clubhouse approximately 30,000 square feet featuring a mixed grill - Speaker 4: [inaudible 01:14:50] Kim Craven: Room, lounge, pro shop, and men's and women's locker room. This is the exact language from the membership plan book provided each member who paid the initiation fee to join. How many gold members does Fiddlers Creek have? How many are on the resignation list? How many gold memberships have they paid the entire initiation fee then acquired over the last five years. So,, you would say the lack of demand is one of the reasons the golf club facility has not been delivered? Do you know how many golfer that the members club at Marco currently have? Think about it. 500. Do you know how many people are on the waiting list? About 375. Well, the initial fee to join less than Fiddlers Creek. No, actually more. Oh, the dues are less. No, actually more. Is the golf course superior to Fiddlers Creek? Is the practice facility superior? Is the clubhouse superior? Why do you think they have been able to provide two golf courses and private clubhouse? And I don't see the provisions for that. Rich Yovanovich: I don't knowthe answerto all your specific questions regardingthe memberships, but I do know that our zoning petition is not doing anything to change your golf course membership plan or their golf shop, golf course membership obligations. We are here to make changes to the PUD and the PUD provides for additional golf courses either in Estancia or section 29. There are no changes proposed in this plan that will change the golf membership documents. That's not what we're here March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ®GradyMinor Page 24 of 34 Clvll Engineers • Land Surveyors •Planners • landscape Awhilcels Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL2016O002727 March 13, 2018 NIM Transcript for today, so whatever those golf documents say and whatever you sign that those golf documents said will not change by what we are doing today. [crosstaIk 01:17:23] Wayne Arnold: Yes, ma'am? Susan: Susan [inaudible 01:17:31]. 9586 [inaudible 01:17:34] Circle. Now, I might not be fully understanding what the commercial areas are, but the two red parts on 41 and the red one on Collier. I'm not sure what you mean by multi family. Are our coach houses regarded as multi family? Wayne Arnold: In Collier County, this is Wayne Arnold by the way, in Collier County, any three attached dwelling units are considered to be multi family. Susan: So, coach house two up two down is a multi family? Wayne Arnold: Yes. Susan: So, when you talk about 3,000 potential multi family homes within the area, how many are there today? Wayne Arnold: Mark, do you know the answer to that? I don't know. Mark Minor: 1,500. Susan: 1,500. So, the other 1,500 are looked at to be built in the orange yellow area? Wayne Arnold: They could be. Yes, they could be built anywhere that allows residential development if it currently allows for a maximum of 3,000 multi family today and 3,000 single family for a total of 6,000 and we're asking to add conversion factor so we can potentially decrease the number of multi family and increase the number of single family. Susan: Okay. And then if we're looking at ... Are we looking at assisted housing as well? Wayne Arnold: The assisted living facility has been in a few new documents since I think the 1980s. Susan: And that's on the Collier ... ? Wayne Arnold: It lists several track numbers on the original plan and we were asking to delete those and only show them where we have an asterisk on that plan, and Mark, I can't remember, I can't see It without my glasses on but I think we made provisions for it only ... March 13, 2018 Transcript Fiddlers Creek 3-13-20181y1M.docx ® Gradykilnor Page 25 of 34 Civil I:nginerm • Land Sumynrs • Planners • Lamineape Awhllerls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Mark Minor: On 951. Wayne Arnold: So, the senior housing would be in this area only. It's that correct? Mark Minor: Yeah, that's correct. Susan: Okay, so that northernmost commercial area, what's the expectation for that? Wayne Arnold: Well, the PUD allows probably if you added up all the uses, hundreds and hundreds of uses because it's an older document. The county formats things a little differently today, but it's envisioned to be any of those commercial uses that I've heard for potential indoor self storage folks looking at that. We're obviously making provisions for their multi family. So, it could be any one of those commercial activities in those parcels. Susan: So, could it be several floors high? Wayne Arnold: There are existing development standards for the commercial development that we're not proposing a change. We're living within the boundaries of those that are adopted today, and if you want me to tell you what those are, if you'd like me to email you those existing documents so you have all that, I'm happy to. So, you make sure that Sharon gets a way to email you the information, we'll be happy to send you all the documents. Susan: Because on that communication note, we didn't receive the letter and I understand and our friend also didn't receive the letter that came up about this meeting, so I suggest perhaps your records aren't complete. Wayne Arnold: We obtained those from the county and often times they are not unfortunately but that's why there is also a legal ad posted and then we hopefully with word of mouth, I think you have a pretty active group posts on the website. I'm glad you'll be able to hear it and [inaudible 01:21:031 Susan: Right. Okay. And then are you collecting email addresses first so you could keep us abreast of what's going on? Wayne Arnold: Did you sign one of the sign in sheets and provide an email address to us? Susan: Yes. Wayne Arnold: Okay, and like I said, if you would like ... There's several hundred people here tonight, so I'm not sure everybody wants to be bombarded with a blast email to 300 people, but if you would email Sharon with whatever information you would like that we're providing, you'll have to get it to me. March 13, 2018 Transcript Fiddlers Creek3-13-2018 NIM. docx ©GradyMinor Page 26 of 34 Civil Hngincrm • Land SunlewN • Plannm • landscape Awhllccls Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Susan: Okay. One other question I have was when we talked about the access point that we have for the grocery store? Wayne.Arnold: Yes. Susan: Is there an opportunity for the traffic light to be put in the composed central entrance way so that if there was an issue for people going in and out that they wouldn't come onto Sandpiper, that Sandpiper then would become used specifically only by our own neighborhood and If we keep access that goes in, we have a choice to use a traffic light to get out rather than it being that the traffic light's on Sandpiper. Wayne Arnold: I believe, this Is Wayne Arnold again, I don't believe that's a possibility and the conversation that our engineers have had with Florida department of transportation. They believe that Sandpiper is the place where all the access should be and the future traffic signal would be there, [inaudible 01:22:21] the small entrance that's provisioned at the shopping center. Susan: That doesn't seem right to me. [inaudible 01:22:311 Wayne Arnold: It ultimately is up to the Florida department of transportation. It has to do with a lot of factors in the signal warrants and locations and spaces so those things are all taken into consideration and I don't believe that's going to be possible to shift the signal to that location. Susan: It does seem a bit strange. [crosstalk 01:22:53] grocery store, then it should be something that relates to grocery store rather than the existing entrance to the shopping center [crosstalk 01:23:06] Wayne Arnold: I'll just try to recap what she just said. She's talking about it doesn't seem to make sense to her that FDOT would not allow a signal to be located at the commercial shopping center of [inaudible 01:23:17] Sandpiper, and FDOT has very specific rules and our conversations with FDOT as a team, it's our opinion that they believe in Sandpiper's location is the best location for a future signal. Susan: Should we post [inaudible 01:23:35]? Wayne Arnold: No. Definitely not. I don't think I have a correct answer for you, unfortunately. But tell me what [inaudible 01:23:47] Wayne Arnold: Tone it down just a little please. [crosstalk 01:23:511 Thank you. [crosstalk 01:23:56] Mike Kelley: I will be brief. My name is Mike Kelley. I'm a resident in the village [inaudible 01:24:01]. Would you please repeat what is the governing body that would approve this amendment to PUD? March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIMdoex ®GradyMinor Page 27 of 34 001 lingineem • Land tiuneyms • Planners • Wmdxcape Awhilecin Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Wayne Arnold: A PUD amendment is ultimately approved by Collier County government, board of county commissioners. We are required to hold public hearing for the Collier County Planning Commission. We also for the development regional impact, hearing for the southwest Florida regional planning council which approved or recommended approval for this project, and then ultimately it goes to the county commission and they will vote on whether or not to make these changes. Mike Kelley: Thank you. And is a representative of the county board of commissioners in the room with us this evening? Wayne Arnold: I do not believe a county commissioner is in. So, Nancy Gundlach de facto representative of Collier County government. Mike Kelley: So, I'll askthat question and if you can answerthatwould be great. The individuals that will be approving this plan, are they elected by the community in Collier County or are they appointed? Wayne Arnold: I can answer that, Nancy, if you don't mind. This is Wayne Arnold, The five planning commissions that we have are each elected by an electorate for commission districts. We happen to be in district one. Is that correct, Rich? Rich: Yeah, I think so. [inaudible 01:25:11] Wayne Arnold: I believe Commissioner Fiala is your representative for Fiddlers Creek. Mike Kelley: Commissioner Fiala? Wayne Arnold: Donna Fiala. Mike Kelley: Okay, very good. Thank you. Jake: Jake [Easling inaudible 01:25:27]. 9154 Cherry Oaks Lane. The question that 1 have simply regards the definition of the various roads within a planned community like Fiddlers Creek. Are there county guidelines for those roads which are connectors, which are neighborhood roads and what those definitions are. Wayne Arnold: I'll take a shot at that. Again, it's Wayne Arnold. Every community has local streets, collected streets, arterial roadways and most of your street's internal to Fiddlers Creek, probably fall under the local status which means like Sandpiper probably become collector roads, wouldn't you agree Mark. And then the only arterial roadways you have are Collier Boulevard and US 41 who are adjacent to Jake: And there are definitions within county government for those types of roads? Wayne Arnold: there are. March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIMdocx ©GradyMinor Page 28 of 34 Cull WiglneeN • kind Surveyor • Plannem • Idomdscnpe Awhlleds Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Jake: So, away for a community like this to be planned, they have to comply with those definitions? Wayne Arnold: It's not necessarily a definition that they comply with. It's more typical that they have a roadway cross section demonstrates how wide the right of way would be, sidewalks on two sides of the street or one side of the street, et cetera. There were many things in Fiddlers Creek, but I believe Mark Minor can correct me if I'm wrong but we're determined, as far as the Deltona Settlement Agreement many, many years ago, carved out of this property from others and there were development standards put in place that were protections for adjacent wetlands and things like that. But with regard to roads, I'm not sure where you're headed with the question, but yes, the county has locals collecting and arterial roadway standards. Jake: So, somewhere within county documents, I should be able to find that? Wayne Arnold: Yes. Jake: Okay. Thank you. Wayne Arnold: Can I ask one question now since you've already spoken? Can I ask anybody else that hasn't spoken that would like an opportunity to speak, if you want to come forward before I start taking the next round of any comments you may have? This gentleman in the front row would like to ask a question. [crosstalk 01:27:321 Ralph: I'm Ralph [inaudible 01:27:35]. 1 live in Imperial Wilderness. I have to tell you folks, I've never been in Fiddlers Creek but our community is concerned where creative lane comes up 41 and across from that is the main entrance into reflection lake and there's a new development back in there Naples Reserve, Yeah, Naples reserve. And we were hoping for a traffic light at that section, because there's going to be mega things back and forth and you have other things. This needs to exit there or is that up at the top ... Existing right in the center. Mark Minor: Existing [inaudible 01:28:29] Wayne Arnold: Yeah, it's physically not there, but it is an approved access point to the commercial track we have in that location. Ralph: Is that going to be developed or not or ... ? Wayne Arnold: Well, I'm sure the developer one day the commercial developer will come along [crosstalk 01:28:48] Ralph: Again, I know the berm is there, the road comes up and then ends there and what I see, but - March 13, 2018 Transcript Fiddlers Creek 3-13-2018 N1Mdocx © GradyMinor Page 29 of 34 001 iinslnrcix • hind Snnv>v9 • Plannem • Landscape AwhIIPCIF Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Wayne Arnold: I'm not personally familiar with Lane lane and what it does, Mark. And what it does. Ralph: Creative Lane goes back to that 20 acres when Fiddlers Creek right everything under the sun you purchase it, but the ownerjust would not sell it because at that time they propose with us because we border up to Creative lane that we would take half of the road and Fiddlers Creek would take the other half. Never sailed, never went through. But I think the volume of traffic would be greater at Creative lane that down farther, your entrance there to have a traffic light, especially if they opened up that one. I don't know what their streets are but it would seem logical to me that they would open that exit. If that is open and with Naples reserve and reflection lakes, it would be a good thing for traffic light at that point. I think you have a better chance there than even down with your commercial, your bigger commercial. Thank you. Wayne Arnold: Thank you. Anybody else not have an opportunity to ask a question or make a comment? Yes, sir. Mike Mills: My name is Mike Mills. I'm Fiddlers Creek in avador. My question, if you can ask to go to go back to the other screen that shows the commercial of 41. Can you go forward on our next slide? So, we're talking about this Sandpiper road here being an existing exit for Fiddlers Creek, but we're talking about this over here being another proposed exit. It was my understanding that Sandpiper was going to be closed off for this commercial development, and then you would have to go down this road to a gatehouse that was going to be built over here. I thought this Sandpiper gatehouse was being closed off. So, are we now talking about two entrances in the Fiddlers, or this one being the entrance? Mark Minor: I have never heard nor was it ever proposed to close Sandpiper. It would be closed to construction traffic at a time when the shopping center opens, it would be reconfigured to have the gatehouse farther back. Mike Mills: So, we're going to have two gatehouses then. We're going to have a gatehouse on Sandpiper, and the we're going to have a future gatehouse - Mark Minor: Correct. Mike Mills: [crosstalk 01:32:02] half a mile down the road? Mark Minor: Yes. [crosstalk 01:32:08] Mike Mills: Are you sure about that or ... ? Mark Minor: Yes. March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIMdocx ®GradyA4lnor I:Ivil 6nglnerrs • land Surveyors • Planners • I.undxripr Amhilvets Page 30 of 34 Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Mike Mills: You're 100% sure? So, we're going to have a Sandpiper entrance here for Fiddlers Creek, and we're going to have a second less than a half mile down the road. We're going to have a second entrance into Fiddlers Creek off of 41 here as well? Wayne Arnold: That's what we're proposing, yes. Mike Mills: Okay. I just wanted to clarify. Wayne Arnold: Thank you. Anybody else? We have one more. Carol: Carol lunquist, montro. We get a lot of traffic on Championship Way because all the construction entrances that come in on Sandpiper cannot make a left turn onto 41 off of Sandpiper. So all the construction vehicles and all the major trucks go out through Championship Drive which is a small little gatehouse onto the private road. Is there going to be a light on Sandpiper, or is there going to be a light on this other gatehouse? Wayne Arnold: This is Wayne Arnold. It's very likely that the Sandpiper access on US 41 will eventually get a traffic signal. If you don't believe the other access point would meetthe warrants that's ultimately up to FDOTto determine that, but we believe the most likely intersection to be signalized will be Sandpiper. Carol: But is it construction [crosstalk 01:33:46] Wayne Arnold: Ma'am, can you please come back? I need to get your comment on record. Carol: Sorry. Wayne Arnold: Sorry about that. Carol: Where is the commercial and construction traffic going to exit? On Sandpiper or on this other gate? Wayne Arnold: Most likely the other gate. Carol: So, they can't make a left onto 41? [crosstalk 01:34:14] So, they're going to use that small metal gate on Championship? Wayne Arnold: I don't know what the method is with regard to [crosstalk 01:34:27] the traffic construction. Mark Minor: Down at this location, the road is two lane, so there's no problem making a left hand turn out there. Once the grocery store is open, Sandpiper will cease being a construction traffic access and all the construction traffic would be diverted to the new construction entrance. March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIMdocx ©GradyMinor Page 31 of 34 001 Nnglueem • Wind 9uneyam • Hamm • Lana<rape. Arcbitects Marco Shores/Fiddler's Creek PUD, PL2O16OOO2496 Marco Shores/Fiddler's Creek DRI, PL2O16OOO2727 March 13, 2018 NIM Transcript Carol: That doesn't answer my question. Mark Minor: If people are exiting from Championship ... Construction traffic, I don't believe that's allowed by the rules of Fiddlers Creek. You should contact security and have them give and take. There's really nothing I can do about the [inaudible 01:35:24]. [crosstalk 01:35:33] Paul: My name is Paul [inaudible 01:35:351 and I lived in the [inaudible 01:35:36] area of Fiddlers Creek for about 10 years now. Born and raised in this country. Never had anyone tell me that my opinion didn't matter in any way, shape or form. That being said, I don't know if you took a vote right now on how many people, and it's a small percentage of the people that are in Fiddlers Creek here today, but if you took a poll and wanted to know how many people were opposed to having a Publix on our property in the back over there and how much convenience ... I don't shop for the family, but I know that my wife goes out maybe once a week so I don't know that I need anything around the corner to make it more convenient to me. It seems to me that if I was building a Publix I would look for a less expensive piece of property. There's a defunct flea market just down the road on the opposite side. There is nobody on the other side of 41. [inaudible 01:36:38] I'm not happy with that and I got to tell you. So, I don't know if that solves any problems but it went on the record and I'm very happy about it. Thank you so much. Wayne Arnold: Anybody else who hasn't had an opportunity? Yes, sir. Jared: My name is Jared [inaudible 01:37:041. 8984 Cherry Oaks trail and we've had some traffic problems there for a long time. Initially, Club Center Boulevard went east to another street so that that traffic could eventually, when it's built that way, would exit out Sandpiper through Club Center Boulevard. Recently, planning changed that model, and dead ended Club Center Boulevard and forced all the traffic coming out of Oyster Harbor, coming out of the clubhouse, coming out of the Marriott, to our street. We have 150 driveways and about a quarter mile, and we have hundreds of speeding cars coming down our street already. The current traffic plan is now going to be effected by those Publix because now not only will it be accessed to 41 for all those different communities on a street that's posted on through traffic and nobody is doing anything to help us with. Now, the publix center is going to create even more traffic from Oyster Harbor, from the club and other parts of Fiddler Creek to cut through there to get to the new Publix. We have pleaded with the foundation, the Fiddlers Creek foundation to help us, they've done nothing. We've pleaded with the CDD1 to help us with this. They've done nothing. They claim we don't have a problem, but they block the traffic plan, traffic survey that we try to do. March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ©GradyMinor Page 32 of 34 0101 Ungincery • land SumvN • Planner • Landneapr Amhllecla Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript IF this is approved, it will create more traffic, it will create a bigger safety problem for us, and I feel that the developers should have to address this problem before the approval was granted to do with this or anything like this. Wayne Arnold: Any other takers? Ma'am. Kim Craven: Hi, my name is Kim Craven. I live at 8472 Mallard's Point. Could you tell me why you're changing the wording and taking out the word shall build golf course and putting in may build golf course? [crosstalk 01:39:51] Rich Yovanovich: Rich Yovanovich for the record. The language that always applied to the golf course had to do when the word feasible was the actual wording for the golf course. The location is going to either be Estancia or section 29 and we believe that the word may be built when feasible and in either Estancia or 29 more accurately reflected the condition that was in the original DRI development order and it was consistent with the country club documents, it's more or less the timing of the golf club. Kim Craven: My other question is in this plan proposal, could you tell me where the land is, that when it sold the money comes back to the golfers, for the law suit they won against the developer? Wayne Arnold: I have no idea. I'm not privy to that. Do you have the answer to that, Rich? Not sure if it's a zoning question. Rich Yovanovich: You asked me which land currently has the mortgage on it? Is that your question? Because I don't anything about a lawsuit. I do know something about mortgage. My understanding, you know what, I know it's near where the new red area is, but I don't know exactly and I don't want [crosstalk 01:41:38] 1 believe you, section 47, but I'm looking down now, I don't know which is section 47. But I do know that the documents reflect that there any changes that happened to that property that could be ... I understand because I did not review the mortgage or the settlement, that there could be a replacement providing that it's equal in value property that's currently secure [inaudible 01:42:031. That's my understanding, so we'll have to make sure if there's any shift in the security for those payments, the new property will be property value to secure those payments. I don't know exactly which piece it is today. Kim Craven: Is that something I can leave information and find it? Rich: Would be happy to get back to you on specifics, but I don't want to give you the wrong piece of property and then someone say, you know, "Rich said this, and Rich was wrong." March 13, 2018 Transcript Fiddlers Creek 3-13-2018NIM.docx ©GradyMinor Page 33 of 34 001 Niginccro • Idmd Suncporo • PlanneiN • Landscape Airldlccis Marco Shores/Fiddler's Creek PUD, PL20160002496 Marco Shores/Fiddler's Creek DRI, PL20160002727 March 13, 2018 NIM Transcript Kim Craven: Okay, thank you very much. Wayne Arnold: Anybody else have any other questions, comments? Appreciate your indulgence and all the questions and comments, and I encourage you to follow the process through either colliergov.net or Nancy Gundlach or Sharon Umpenhourto obtain the latest information [crosstalk 01:42:53]. Thank you. Good night. March 13, 2018 Transcript Fiddlers Creek 3-13-2018 NIM.doex ©GradyMinor Page 34 of 34 CWII pinSlneeea • Land Surveyors • Planners • Landscape Awhlleclx Traffic concerns related to Fiddler's Creek Petitions PL20160002727, PL20160002496,PL20160002618/CP-2017-1 We are not opposed to the commercial development project. We are concerned about the negative internal traffic issues that it will have on our local community street --Cherry Oaks Trail. Cherry Oaks Trail is a local street that connects to two connector roads. There are 118 single family and multi -family residential units along Cherry Oaks Trail which is slightly under % mile long. Fiddlers Creeks is a well planned community with collector streets (not loaded with individual units) that move community traffic between neighborhoods. By definition local streets (where the units are) in the community are intended to move only neighborhood traffic and not traffic from other neighborhoods. Originally Club Center Blvd (a collector road) was to be extended east and tie into Sandpiper Dr. Unfortunately, the developer is not following their 2006 well conceived development plan and Cherry Oaks Trail has become a collector road with outside neighborhood traffic using this street as a cut thru. We are concerned that this proposed commercial development plan will exacerbate things further for residents along Cherry Oaks Trail with increased traffic and associated higher operating speeds. Our community has hired a traffic consultant to study this issue and even without the commercial development our preliminary findings do show speeds exceeding the posted speed limit on Cherry Oaks Trail. We would reasonably anticipate the cut thru traffic and speeds to worsen with the proposed project as an attractor and as lots south of us in the community are developed. One of the recommended improvements to mitigate for this issue per the county neighborhood traffic management program is the installation of speed tables to help maintain adherence to the posted speed limit. Attachment E As part of the approval for the commercial zoning project we would ask that the developer and the CDD be required to implement traffic calming measures to mitigate the negative current traffic issues and the impacts that are foreseeable on Cherry Oaks Trail caused by the commercial development proposed development attached to Fiddlers Creek. We are presenting you today with a copy of this commentary and additional exhibits to assist in your review. We have XX residents here today that share this concern and would appreciate addressing these concerns as part of the development approval process. Cherry Oaks use as a cut through water's C reeK These neighborhoods use Cherry Oaks as a cut through to et to the naples, florida g g Club and Spa 0.t Mich 8,11017 ` p Master Flan Cherry Oaks, Trail _ u 1 r � ii t W` I" I I LL ��'t t ..,-•'�� it l_� 1 This neighborhood and others use Cherry Oaks as a cut through to get to 41 - 2006 Master Plan Fiddler's, Naples,Florida Cherry Oaks 11 Y The Gcvcoarses :I Cmsepmal Master Site Plan I Cherry Oaks Trail TV C l� 1" ylv4�J.� UJ m cut -_ z through to the Club. T- P �, • - •Ly_ L-1 (� ,_ I Cent Extension of Club er Blvd no longer being PL Residential lots platted r that would use Cherry - Oaks Trail as a cut thru , Google E rth _N - Q2011: og{e - 2 nn AGENDA ITEM 9-A This item is being continued to the May 3, 2018 CCPC meeting. You will receive the full packet materials prior to the May 3rd meeting. PL20160002771/CPSS-2016-2: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element And Future Land Use Map and Map Series by adding the East Tamiami Trail Commercial Infill Subdistrict to the urban—commercial district and changing the designation of property from Urban Coastal Fringe Subdistrict to East Tamiami Trail Commercial Infill Subdistrict to allow 60,000 square feet of commercial intermediate (C-3) uses and an air-conditioned and enclosed self-storage facility; and furthermore, recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. The subject property consisting of ±5.8 acres is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Companion PL20160000226 Torres Family Trust PUDZ) [Coordinator: Corby Schmidt, AICP, Principal Planner] 11.B.4 Packet Pg. 184 Attachment: 9A-Pl20160002771-CPSS-2016-2-GMP Torres Family Trust CPUD-Cover Page only Cont'd item (5321 : Collier County Planning AGENDA ITEM 9-B This item is being continued to the May 3, 2018 CCPC meeting. You will receive the full packet materials prior to the May 3rd meeting. PL20160000226: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Torres Family Trust CPUD to allow development of up to 60,000 square feet of gross floor area of commercial uses including air conditioned mini self- storage warehousing, and allowing assisted living facilities at a floor area ratio of .60 and by providing an effective date. The property consists of ±5.8 acres and is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Companion to PL20160002771/CPSS-2016-2) [Coordinator: Timothy Finn, AICP, Principal Planner] 11.B.5 Packet Pg. 185 Attachment: 9B-PL20160002727-Torres Family Trust CPUD-Cover Page only Cont'd item (5321 : Collier County Planning Commission - April 19,